ITEM TITLE:
Approval to Conduct the Public Hearing and Action to Approve CUP #19-04 for Non-Commercial Gardening for the Valdez Community Garden at 911 Meals Avenue (Medical Park) on June 26, 2019
SUBMITTED BY: Kate Huber, Senior Planner
FISCAL NOTES:
Expenditure Required: N/A
Unencumbered Balance: N/A
Funding Source: N/A
RECOMMENDATION:
Grant approval to conduct the public hearing and action to approve conditional use permit #19-04 during tonight’s meeting on June 26, 2019 or postpone, if more information is required.
SUMMARY STATEMENT:
The Valdez Community Garden President and Vice-President, Jo Byrd and Kristina Duffy, submitted an application for a conditional use permit (CUP) for non-commercial gardening and associated uses on April 24, 2019.
A CUP of this type requires a public hearing during a scheduled Planning & Zoning Commission meeting, following a public notification in The Valdez Star and a letter mailed to property owners within three hundred feet (300’) of the property. The public hearing for this matter was initially scheduled for May 22, 2019, allowing for the required notices to be published and mailed.
The May 22, 2019 Planning and Zoning Commission meeting was cancelled due to a loss of quorum. The public hearing was rescheduled for June 12, 2019 and a letter to property owners within 300 feet of the site was mailed on May 31, 2019. Unfortunately, the June 12, 2019 Planning & Zoning Commission meeting was also cancelled due to a loss of quorum and the public hearing for CUP #19-04 was moved to June 26, 2019. Another letter notifying the same list of property owners was sent on June 14, 2019. Notices of the hearings were published in the online Valdez Star on May 8, May 15 and May 29, 2019.
Because of the repeated postponement of the public hearing for this CUP, The City of Valdez Clerk’s Office agreed that the applicant could pursue a public hearing and decision at the same meeting. The Policies & Procedures for the Planning & Zoning Commission state that “an issue discussed in a public hearing may not appear as an agenda item for decision at the same meeting except with consent by the majority of the Commission.” Typically, a decision of this type must be made at a previous Planning & Zoning Commission meeting and should only be granted in extenuating circumstances. Because of the repeated postponement of the public hearing, the Clerk’s office has authorized that the decision made to combine the hearing and action may be voted on tonight.
A vote of approval will allow the decision on CUP #19-04 to be made during tonight’s meeting. If the Commission has any questions resulting from the public hearing, the decision can be postponed to the next meeting on July 10, 2019, to allow staff to follow up on any new information or questions raised.