CITY OF HOUSTON PLANNING & ZONING COMMISSION

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3 CITY OF HOUSTON PLANNING & ZONING COMMISSION RESOLUTION NO. 17-PC-05 Introduced By: Chair Rein Introduction Date: September 21, 2017 Public Hearing Date: October 26, 2017 Action: Approved Vote: Unanimous A RESOLUTION OF THE HOUSTON PLANNING & ZONING COMMISSION FORWARDING FINDINGS OF FACTS AND RECOMMENDATIONS TO THE HOUSTON CITY COUNCIL SITTING AS THE CITY ZONING BOARD ON A LAND USE MAP AMENDMENT REQUEST FOR MSB TAX PARCEL# L002, W. BIG LAKE ROAD FROM HOLDING (H) DISTRICT TO COMMERCIAL (C) DISTRICT, FAR BOY LLC. JOHN FARLEIGH AS APPLICANT. WHEREAS, on September 14, 2017 the Houston Public Works department received an application requesting an amendment to the land use map; and WHEREAS, HMC (B) (1) (a) states that among the duties and responsibilities of the Planning & Zoning Commission "Commission" is: "Zoning regulations restricting the use of land and improvements by geographic districts;" and WHEREAS, the Holding District is a zoning district meant to "hold" parcels from unsupervised development before a clear use trend has developed to determine which zoning designation is most appropriate; and WHEREAS, based on the future growth recommendation from the Comprehensive Plan, the City should work toward a moderate level of growth, this amendment would help promote growth along the commercial part of West Big Lake Road; and WHEREAS, HMC (A) states that: "After reviewing a written recommendation from the Public Works Director, the Commission shall report in writing to the City Council on any proposed boundary change or amendment, regardless of the manner in which such change is initiated" and WHEREAS, Jessie Meybin, Deputy Public Works Director acting as the City's Public Works Director has made recommendations and forwarded the request to the Houston Planning & Zoning Commission where it was reviewed; and WHEREAS, the Commission has conducted a public hearing regarding the matter, and considered evidence and testimony presented to it with respect to the application; and WHEREAS, the Commission consequently adopted findings of fact, attached as Exhibit A, which summarizes the Commission's reasoning in reaching its decision. NOW, THEREFORE, BE IT RESOLVED by the Planning & Zoning Commission of the City of Houston, pursuant to the Findings of Fact attached as Exhibit A and incorporated herein, recommends that the City Council sitting as the Zoning Board approve the Land Use Map amendment as presented. PASSED, APPROVED, AND ADOPTED By a duly constituted quorum of the Planning & Zoning Commission for the City of Houston on October 26, Houston Planning Commission Page I of 3 Resolution No. 17-PC-05

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7 5o. City of Houston, Alaska Public Works Department September 28, 2017 To: Planning Commission From: Jessie Meybin, Deputy Director of Public Works Subject: Request to Rezone Property within the City of Houston SUMMARY RECIUEST John Farleigh of FarBoy LLC has submitted a request to rezone the property at w Big Lake Road (MSB Tax Parcel # LOO2). The applicant is requesting to rezone this property from H (Holding) to C (Commercial). The applicant has plans for developing the property to provide a site suitable for commerce opportunities, pending rezone. Public Works Staff Findings and Recommendations: The applicant requested to rezone the subject property to C (Commercial). The Public Works staff looked over the property and feels the rezoning from H (Holding) to C (Commercial) zoning would be more appropriate use ofland for the size, location, topography, and current condition of the parcel. It should be noted that the applicant needs a construction permit for the 72'x76' building currently under development on the property; however, under the Holding district regulations, a full Conditional Use Permit would be needed for any such activity. Public Works requests that the construction permit requirement be held until after the land use amendment request has been addressed by the City Council. Recommend the Houston Planning Commission review and report to the Houston City Council on the proposed land use change questions 1-7. (See Below) Public Works Findings: 1. /s the proposed change in accordance with the goals, objectives and criteria established in the City of Houston Comprehensive Plan? The rezone would allow the property to be developed to create more commerce opportunities. Under #1 of the Written Narrative (Attachment A) it is stated that "rezoning [for] commercial use is consistent with other properties on this part of West Big Lake Road, and will facilitate job creation and commercial development." 2. How is the proposed change compatible with surrounding zoning districts and the established /and use pattern? City of Houston, Public Works Department * p.o. Box * Houston, Alaska Phone: (907) * Fax: (907) * jmeybin@houston-ak.zov Website:

8 The Houston Municipal Code (HMC ) explains that the Holding District is a designation used to transition areas that are waiting to establish a "clear use trend." The applicant describes in detail how zoning the area to commercial would benefit the area, based on the goals of the Comprehensive Plan in Attachment A, number Are public facilities, such OS schools, utilities and streets adequate to support the proposed change? The applicant stated in Attachment A, number 3, that "schools are not applicable to the requested change. MEA, MTA and ENSTAR utilities run the distance of the boundary paralleling West Big Lake Road." 4. Do changed conditions affecting the subject parcel or the surrounding neighborhood support the proposed change? The applicant answered this question in Attachment A, number 4: "Presently, there are no changed conditions affecting the subject parcel. However, future growth along west Big Lake Road would provide future opportunity for development and employment." 5. /s the proposed change consistent with public welfare, and will it grant a special privilege to the owners? The Houston Comprehensive Plan calls for growth and development, and the applicant states in Attachment A, number 5, that "Yes, the proposed change is consistent with public welfare by encouraging development on Big Lake Road as stated in the City of Houston Comprehensive Plan. The proposed change will not grant a special privilege to the owner(s)." 6. Are there substantial reasons why the property cannot be used in accordance with existing zoning? The (H) Holding district is a zoning district meant to 'hold' parcels from unsupervised development before a clear use trend has developed to determine which zoning designation is most appropriate. Any activity requires a Conditional Use Permit to be issued by the City Council, as the Land Use of the area has yet to be determined. Commercial zoning would allow the applicant to develop the parcel as intended. 7. Wereotheradequatesitesinthecityresearchedfortheproposedchange? The applicant owns the parcel in question and has prepared the site for development, making it the most adequate site for the proposed zoning change. Th nk u, Jessie Public rks uty Director City of Houston, Public Works p.o. Box ii Houston, Alaska Phone: (907) * Fax: (907) ii jmeybin@houston-ak.gov Website:

9 City of Houston, Alaska Public Works Department 9/28/2017 Land Use Amendment/Re-Zone w Big Lake Road - Farboy LLC Contents: ' Application...,,,,,,.,,,,,,,,,,,,,,,,, l 0 AttachrnentA(WrittenNarrative) Site Map...5? Aerial Photo...6 '7 Cover Letter from Attorney Certificate of Organization Initial Biennial Report...9 (F Articles of Organization...lO City of Houston, Public Works ii p.o. Box ii Houston, Alaska Phone: (907) * Fax: (907) ii jmeybin@houston-ak.zov Website:

10 City of Houston PO Box W Armstrong Housten AK (907) Direct (907) Fax Rezone/Land Use Amendment Application PROPERTY OWNER* OWNER'S REPRESENTATIVE (If Any) Na-eVwvBeq L L(,. Na-e$ltA 6rf4,t'(Rk Mailing Address: -,%,,q'-h s 3*, + Mailing'Addre-ss: +- ',) - A4vbvo-qb,' Ak- '1'l5;'r>l (,AAt}y,%ulzr- 'it;i7!.-d-t-ttbqt') Con-tactPhon-e: 'fba-y' a anig-h-t' "io+- :)-?tt- '-t iqo z(daayp r:-:,, "- ' 3xwt(,- Conta,ctO'P\-3, 3, -"-Night FAX: FAX: " *Attach list of addi$na%wners if any. *Please attach praof of ownership of lots. PROPERTY INFORMATION '. '. '. Size of property: (AminirnumoftwoacresisnecessarybeforeapplicationmaybeacceptedHM BS', %V r,5 D\,ption rlfp,roperte8uco,veareaby<th,is awaicratir:, L o,,y, Legal Current Zoning:-' - ' - " oa - - / - - ' "- PLIPublicLands&Institutionsa RlSingle-farnily&Two-FamilyResidentialn RA-2.5 Residential/Agriculture a MFR Multi-family Residential a RA-5 Low Density Residential/Agriculhiral a NC Neighborhood/Commercial a C Commercial a HIHeavyIndustrial o H Holding@ PHParksHWYo LI LightIndustriala Requested Zoning: PLIPublicLands&Institutionsa RlSingle-family&Two-FamilyResidentiala RA-2.5Residential/Agricultures MFRMulti-familyResidentiala RA-5LowDensityResidential/Agricultural a NCNeighborhood/Commercial a CCommercial HI Heavy hidustrial a H Holding z PH Parks HWY a LI Light Industrial a X LAND USE. " DSesmc"ba-e ff'e'vn':!*e;ao!ipr_,viop"cst zolverkgedbvny"e-sapap"ai"on?-'1/x?(nj(w[v'a.l aj)%fa.;//;/t7" ";-o,.a=-- Q)i, ok. x-4- NSuOrrnohundiQn-g,projrty(,,,,;P,aS,e-5in-dad-jacentto;t-'Hepr'operty"is'carren-tT ---"'-' "'J Rev 2/10/15, Clerk's Office Page 1 of 2

11 Sou': -U-IAjW_] ajl-lhht_rl East:U-).t'L-l-:(>'JJ9', WestAia-sk-rt--L-rivv,Y'>th:(J!,sc-etua4ara.e-kr *** * * *tktc **** * *%** * * * *** * * ** * * *** * *t?'ftk* **** ** * * * II *** **Jt * * III * * * *l*tk*** II * *)[Ok** III III ** * * Attach a written narrative addressing the following Criteyia The Planning Commission shall make a recommendation to the council based on written findings that the appropriate following criteria have been addressed: 1. Is the proposed change in accordance with the goals, objectives and criteria with the City comprehensive Plan? 2. How is the proposed change compatible with surrounding zoning districts and the established land use pattern? 3. Are public facilities such as schools, utilities and streets adequate to support the proposed change? 4. Do changed conditions affecting the subject parcel or the surrounding neighborhood support the proposed change? 5. Is the proposed change consistent with public welfare and will it grant a special privilege to the owners? 6. Are there substantial reasons why the property caru'iot be used in accordance with existing zoning? 7. Were other adequate sites in the City researched for the proposed change? I hereby certify that I am (authorized to act for) the owner of the property and that I petition to rezone it in conformance with Title 10 of the Houston Municipal Code. I understand that payment of all postage and copies for mailings to property owners and other parties required for action on an application are my responsibil i /! kl %-/ ( i I " Foroffi&'UseCry DateReceived: gll"ljl+ peeppid,$75o,oo f'/a Zoninq: F'Cl4oieliaq) Date of Planning Com'mis'sion reviewl - I I %l j l $:(l'%4d'*9""d"ate'of' 2ouncil Public Hearing: " Signature: Dateoflssue: Approved: As Is With Conditions: Conditions: Disapproval Based on the Following: Rev 2/'10/15, Clerk's Office Page 2 of 2

12 Land Use Goal: To develop a realistic and responsive land-use plan for Houston based upon the goals and objectives of the community as well as the economic, environmental, and social characteristics or the area. Commercial Land Use Objectives: Allow small-scale commercial developments in residential areas that are isolated from major commercial zones, which with primarily serve the Frequent convenience shopping and personal services needs of neighborhood residents. Rezoning to commercial use is consistent with other properties on this part of West Big Lake Road, and will facilitate job creation and commercial development. 2. How is the proposed change compatible with surrounding zoning districts and the established land use pattern? This 5.27 acre parcel parallels West Big Lake Road. Based on the future growth recommendation from the Comprehensive Plan, the community should work toward encouraging a moderate level of growth which will provide an economic base in Houston adequate to allow provision of employment opportunities in the area and to avoid becoming dependent upon external governmental or economic factors and activities. This zoning change will commercial part of West Big Lake Road. help promote growth along the

13 3. Are public facilities such as schools, utilities and streets adequate to support the proposed change? Schools are not applicable to the requested change. MEA, MTA, and ENSTAR utilities run the distance of the boundary paralleling West Big Lake Road. 4, Do changed conditions affecting the subject parcel or the surrounding neighborhood support the proposed change. Presently, there are no changed conditions affecting the subject parcel. future growth along West Big Lake development and employment. However, Road would provide future opportunity for 5. Is the proposed change consistent with public welfare and will it grant a special privilege to the owners? Yes, the proposed change is consistent with public welfare by encouraging development on West Big Lake Road as stated in the City of Houston Comprehensive Plan. The proposed change will not grant a special privilege to the owner(s). 6. Are there substantial reasons why the property cannot be used in accordance with existing zoning? The requested reason For the change in zoning for this properiy will encourage development and potentially provide additional employment opportunities in the area, and will provide a greater variety of business opportunities. Changing the zoning from HOLDING to COMMERCIAL allows for all of the potential opportunities stated above. 7. Were other adequate sites in the City researched for the proposed change? This property is already owned by FarBoy, LLC. Therefore, no other sites in the City were research for the proposed change. This zoning change is consistent with existing sites on the West Big Lake Road.

14 @ Matanuska-Susitna Borough / i I Legend t i I, I,i. iii i 'x PubltcFacrlrbes :. Administritlve % ( } ffi - AnlmalCare! "i,,1'2, CltyHallorCourf+iouse ", & * Communi7orSeniorCenter " A - _ Coirectional Facility I i,, -b (, fi Landfill ortranderstatlon 1, 0;A 9 RecydlngCenter! - 1!$; () $ TrandetStaUonlRacycling \ " (5 Libraiy S!NESS",1 PARK 2 1,1 Hxeotcai 'i I a l PostOffice,_ I (3_J PublicSafeyEMS "i, ""1 i2)pubt:csaretypiie I,,_-"" PublicSa%tyFire/EMS \ l2b_75 _,, y-- %PublicSafetyForesiry i, I 0 PublicSafetyLawEnforcement t -[ 12n5i '1-4School l =' ', _,--' Streets, -/---- Highway l - / : i _-/ MajorStreet, + '- I A7 _- /,, --' - i - MedlumSl'Teel _-a --- I -- I j--- _./""'- I --PnmitivsRoad " -a.- _. MinoiStreet /a,,_,-" ':, PnvateRoad ' ljtj_3mat-suboroughboundary,_, I QlncorporatedCities J A61 I []Parcels ' 8FloodZone <f_,'_+a'-ti , -_<,,/ ; I ]':'--l' 0%' I ',,""aa (23 I -",,'t,,',,h:,x I 1:2,902 0 " s. '( I : o' o O'5 oiog "'aa THISMAPISNOTTOBEuSEDFORNAVIGATION _ i ' NAD_1 Matanuska-Susitna Bomugh i nis map was automaxicany generatea 'l ' tespbd't"0;b"clia'rad'er,7u::ctl'0'n:"orw"p"a'bllilie8"orthe'ma"p::41:'sultab"il;':'f't'h:""m'ap"fot'a'n";pa;=0:.:l'ai(up"urpwos'e ' 5oo4-Faa' using Geocortex Essentials. beyond those angiiially liitended by tlm Bomugh. Pot Intomigtion ngaming the full disclaimev and polii:les nalated l- --r =-=-= =-= =-.-=-=------=-=-= =-= =-. Notes

15 Aert-!CPtlCkD (, Tear Sheet W. Big Lake Road, Houston ft

16 WILLIAM D. ARTUS Attorney at Law L Street, Suite io4 Anchorage, Alaska Telefax: 907/ July 29, 2015 John Farleigh 1319 H Street Anchorage, AK Re: FarBoy LLC Dear John: Enclosedare the Articles of Organization, Certificate of Organization and the Initial Biennial Report for FarBoy LLC. I will prepare the operating agreement within the next few days. Regards, William D. Artus Encl.

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18 THE STATE COR o'alasi(a FOR DMSION USE ONLY Department of Commerce, Community, and Economic Development Division of Corporations, Business, and Professional Licensing Pa Box , Juneau, AK (907) corporations@alaska.gov Website: Corporations.Alaska.gov Limited Liability Company Initial Biennial Report Entity Name: Entity Number: Home Country: FarBoy LLC UNITED ST ATES Registered Agent Name: Physical Address: John Farleigh Web-7/29/2015 3:24:28 PM 1:319 H STREET, ANCHORAGE, AK Home State/Province: ALASKA Mailing Address: 13al9 H STREET, ANCHORAGE, AK Entity Physical Address: 1319 H STREET, ANCHORAGE, AK Entity Mailing Address: l3'l9 H STREET, ANCHORAGE, AK 995C)1 Please include all officials. Check all titles that apply. Must use titles provided. Please list the names and addresses of the members of the domestic limited liability company (LLC). There must be at least one member listed. If the LLC is managed by a manager(s), there must a(so be at least one manager listed. Please provide the name and address of each manager of the company. You must also list the name and address of each person owning at least 5% interest in the company and the percentage of interest held by that person. Name Address 'o Owned Titles John Farleigh 1319 H Street, Anchorage, AK Member Michael Boylan PO Box 274, Palmer, AK Member NAICS Code: ALL OTHER BUSINESS SUPPORT SERVICES New NAICS Code (optional): I certify under penalty of perjury under the Uniform Electronic Transaction Act and the laws of the State of Alaska that the information provided in this application is true and correct, and further certify that by submitting this electronic filing I am contractually authorized by the Official(s) listed above to act on behalf of this entity. Name: William Artus Entity #: Page "I of 1

19 THE STATE o'alasi(a Department of Commerce, Community, and Economic Development Division of Cprporations, Business, and Professional Licensing Pa Box , Juneau, AK 9981 ' Website: Corporations.Alaska.gov AK Entity #: 1 003'!112 Date Filed: 07/ State of Alaska, DCCED FOR DMSION USE ONLY /O Articles of Organization Domestic Limited Liability Company Web-7/29/2015 3:13:07 PM :i - Entity Name Legal Name: FarBoy LLC 2 - Purpose General business activities in Alaska and any other lawful business. 3 - NAICS Code ALL OTHER BUSINESS SUPPORT SERVICES 4 - RegisteredAgent %BzB; John Farleigh %Bili4g AddrB;B: 1319 H Street, Anchorage, AK PiiyBi(zl /(dd7bgb; 1319 H Street, AnChorage, AK Entity Addresses %Bilj4g AddrB33: 1319 H Street, Anchorage, AK ppybi@bladdre!: 1319 H Street, Anchorage, AK Management The limited liability company is managed by its members. Page 4 of 2

20 li 7 - Officials Name Address a'o Owned Titles William Artus Organizer Name of person completing this online application I certify under penalty of perjury under the Uniform Electronic Transaction Act and the laws of the State of Alaska that the information provided in this application is true and correct, and further certify that by submitting this electronic filing I am contractually authorized by the Official(s) listed above to act on behalf of this entity. Name: William Artus Page 2 of 2

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