Session 06-05, a Regular Meeting of the Homer Advisory
PRESENT: COMMISSIONERS: CHESLEY, CONNOR, FOSTER, HESS, KRANICH,
LEHNER, PFEIL
STAFF: CITY PLANNER
MCKIBBEN
DEPUTY
CITY CLERK JOHNSON
A quorum is required
to conduct a meeting.
APPROVAL OF AGENDA
AND ADOPTION OF CONSENT AGENDA
All items on the
consent agenda are considered routine and non-controversial by the
A. Time Extension Requests
B. Approval of City of
C. KPB Coastal Management Program Reports
D.
Commissioner
Excused Absences
HESS/PFEIL – MOVED TO AMEND THE AGENDA TO ADD COMMISSION
BUSINESS ITEM G – COMPREHENSIVE PLAN, PLANNING COMMISSION REPRESENTATIVE.
VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
The amended agenda was approved by consensus of the
Commission.
APPROVAL OF MINUTES
Commission approves minutes with any amendments.
A.
Approval
of the
The amended minutes were approved by consensus of the
Commission.
PUBLIC COMMENT, PRESENTATIONS
The public may speak
to the
There were no public comments.
PUBLIC HEARINGS
The Commission
conducts Public Hearings by hearing a staff report, hearing public testimony
and then acting on the Public Hearing items.
The Chair may prescribe time limits.
The Commission may question the public.
A.
Staff
City Planner McKibben summarized the staff report. A letter dated
Commissioner Hess asked about the DOT (Department of
Transportation) beautification permit and City Planner McKibben explained it
was for landscaping within the right-of-way (ROW).
Commissioner Foster inquired about the smoking facility
within the fish processing area. He asked
if the facility had always been in the plan and commented that a fish smoking facility
may not be permitted in that zoning district.
City Planner McKibben explained the GC1 district has performance
standards that address emissions. A commercial
smoker would be overseen by DEC (Department of Environmental Conservation) permits
that have strict emission standards.
Ed Adair, owner of the project, appeared before the
Commission. He said the weather is so
nice in Homer he wonders why he went back to
As to smoking fish, Mr. Adair said it has always been in
the plan. The facility w
Commissioner Foster told Mr. Adair he appreciates that he
brought the plans back, as he didn’t need to, especially from
Mr. Adair asked for clarification on the 8 ft. zone on the side
of the property that says “Do Not Disturb”.
The Maltz’s asked him if additional landscape could be planted in the
area. Stumps infringe into the area
beyond the 8 ft. zone and two trees are dying.
He asked the Commission how he could enhance and maintain the area.
LEHNER/HESS – MOVED TO GRANT
CUP 06-03 AMENDED CONDITIONAL USE PERMIT WITH STAFF RECOMMENDATIONS AND
FINDINGS.
On
1. The
applicant w
2. The
applicant must begin the project within one year to comply with 21.61.060 (g).
3. The
applicant must submit a parking plan with a zoning permit application that
meets the requirements of HCC 7.12.
4. Any
permanent structures, including power pedestals, are set back 20 feet from the
right-of-way of
5. Drainage
shall be developed as shown on the revised site plan.
6. Per HCC
21.49.060(a) no disturbance shall occur within 8 feet of the eastern lot line
or within the drip line of trees on the adjacent lot to prevent root damage,
furthermore per HCC 21.61.060(f)(5) to ensure privacy of adjacent property.
Staff
recommends
Prior to construction:
11. If
permitted through a DOT Beautification permit, the applicant w
12.
Eliminate parking spaces #16 as shown on RA-1 site plan, to provide an adequate
loading area. HCC 7.12.120.
Chair Chesley called for a recess at
HESS/KRANICH - MOVED TO AMEND CONDITION #6 TO READ: PER HCC
21.49.060(A), EXCEPT AS NECESSARY FOR ADDITIONAL LANDSCAPING OR LANDSCAPE
MAINTENANCE NO DISTURBANCE SHALL OCCUR WITHIN
8 FEET OF THE EASTERN LOT LINE OR WITHIN THE DRIP LINE OF TREES ON THE ADJACENT
LOT TO PREVENT ROOT DAMAGE, FURTHERMORE PER HCC 21.61.060(F)(5)
TO ENSURE PRIVACY OF ADJACENT PROPERTY.
Commissioner Hess explained the intent was to allow
additional landscaping in the area.
Commissioner Connor asked how maintenance would be
defined. Would it include cutting down a
tree that you thought was dying? City
Planner McKibben said to maintain the existing natural vegetation it makes
sense to remove a dead or dying tree. It
is not unreasonable to require that an outside resource such as an expert
arborist or forester make a determination of the tree’s health before it is
removed. City Planner McKibben said the
additional language would be helpful to make the recommendation totally
clear.
VOTE: YES. PFEIL, CONNOR, HESS, KRANICH, FOSTER,
CHESLEY, LEHNER
Motion carried.
LEHNER/PFEIL – MOVED TO INSERT CONDITION AFTER #6, RESULTING
IN THE RENUMBERING OF ALL FOLLOWING CONDITIONS, THE NEW CONDITION TO READ: NO
DEAD OR DYING TREE WILL BE REMOVED UNTIL AN ARBORIST OR OTHER PROFESSIONAL
ACCEPTED BY THE CITY DETERMINES THE TREE CANNOT BE SAVED.
VOTE: YES. CONNOR, LEHNER, KRANICH, HESS, CHESLEY,
FOSTER, PFEIL
Motion carried.
Commissioner Foster noted there were 36 parking spaces in
the report and 37 shown on the diagram.
City Planner McKibben said parking space #16 was eliminated to allow for
an adequate loading area.
Commissioner Connor thanked Mr. Adair for taking the time
and energy to revise the plans. She said
it was a much better plan and working with the neighbors means a lot. Ms. Connor said it appears the open space requirement
has been satisfied. She said it would be
nice to have something in the staff report reflecting the Commission’s discussions
about open space, allowing the public to get a clear picture. Chair Chesley suggested Commissioner Connor
make a motion for a 14th condition that the development comply with
the open space calculation requirement.
She asked if the three-foot buffer zone finding should be added.
Chair Chesley called for a recess at
CONNOR/KRANICH – MOVED TO ADD RECOMMENDATION #14 : THE THREE FEET OF THE VEGETATED “DO NOT
DISTURB” ZONE ON THE EASTERN SIDE OF THE LOT AND THE LANDSCAPED AREAS ON THE
SITE PLAN RA-1 WILL COUNT TOWARDS THE MINIMUM OPEN SPACE REQUIREMENTS FOR THE
RV PARK.
Commissioner Kranich questioned if it was an open space
requirement for the RV park or the entire development. Chair Chesley answered it was for the RV
park. City Planner McKibben said there
are no open space requirements for any of the other uses occurring on the site.
VOTE: YES. LEHNER, HESS, FOSTER, CHESLEY, CONNOR, PFEIL,
KRANICH
Motion carried.
Commissioner Connor pointed out the 8 ft. open space is
really an 8 ft. buffer with a 3 ft. open space, as referred on the staff
report. City Planner McKibben said the
previous condition approved makes it clear.
Commissioner Kranich stated the following corrections to
the staff report:
Page 15 – places the four the lodge units
Page 19 – that’s that a planned unit
Page 21 – (D finding) developer intends to use city the
on-site water and sewer lines.
Page 22 – vegetated buffer, on the east property line.
He asked about Public Works comments that the approach to
the dumpster does not meet standards.
City Planner McKibben clarified the removal of parking space 16
increases the loading area and the applicants plan to roll the dumpster out for
trash collection.
Commissioner Foster referenced the Maltz’s letter and their
concern that parking is not adequate for RV’s, fish processing deliveries and
restaurant patrons. City Planner
McKibben explained there are 42 seats dedicated for the restaurant, with a
requirement of 14 parking spaces. The RV
park requires an RV space and one additional space for each RV. There is one space required for guest parking
and the manager’s space. Each lodge unit
has a parking space. Mr. Adair’s parking
plan has 36 spaces, which exceeds the required 35 spaces per the current code.
Commissioner Connor questioned PUD requirements cited in
the staff report as it doesn’t address requirements for an RV park. City Planner McKibben answered the RV park
was not addressed as it was approved by the previous CUP and there was no need
to reevaluate.
VOTE: (main motion)
YES. CHESLEY, PFEIL, CONNOR, LEHNER, KRANICH, HESS, FOSTER
Motion carried.
PLAT CONSIDERATION
The Commission hears a
report from staff, testimony from applicants and the public. The Commission may ask questions of staff,
applicants and the public.
None.
Chair Chesley called
for a recess at
COMMISSION BUSINESS
The Commission hears a report from staff, testimony
from applicants and the public.
Commission business includes resolutions, ordinances, zoning issues,
requests for reconsideration and other issues as needed. The Commission may ask questions of staff,
applicants, and the public.
A.
Staff
Report PL 06-02 Request For Re-Zone From Urban Residential to Residential
Office for a portion of Lots 1, 37-A, And 12-A in A. A. Mattox Subdivision.
City Planner McKibben
explained the public hearing was held on
Pastor Rick Wise
appeared before the Commission to answer any questions. When asked if he had talked to the neighbors,
he responded there have been no negative comments. People have just asked him if he plans on building. Commissioner Kranich commented there were people
that live on
PFEIL/LEHNER - MOVED
TO ACCEPT
City Planner McKibben stated that two
of the lots are replatted resulting in half of each lot in the Urban
Residential (
Commissioner Foster
supports the rezoning. He asked City
Planner McKibben what would stop applicants from purchasing property and leap
frogging (buying property just outside the CBD with a connection inside the CBD
and just outside of it and moving it again and again). Ms. McKibben said there would be nothing to
stop that type of action; each case needs individual evaluation. She said the Comprehensive Plan talks about inf
Commissioner Hess
referenced the Policies and Procedure Manual that states the Commission w
·
the
public need in justification for the proposed change
·
effect
on public health, safety and welfare
·
effect
of the change on the district and surrounding property
·
relationship
to the Comprehensive Plan and purposes of the zoning regulation
City Planner McKibben
responded the staff report is based on previous rezoning requirements and does
not address all of the standards. When
asked if he felt the staff report was insufficient, Commissioner Hess answered
the
HCC 21.70.010 was read
by City Planner McKibben. She said the
recent staff report for W
Pastor Rick Wise
stated they have owned two of the lots since the 1950’s, the third lot was
purchased in 1982 and the final one in the early 1990’s. The zoning districts went right through the
middle of two lots as they were separate pieces.
HESS/LEHNER – MOVED TO
CONTINUE TO ASK CITY PLANNER MCKIBBEN TO PROBE FURTHER IN REVIEW STANDARDS IN THE
POLICIES AND PROCEDURES MANUAL.[1]
Commissioner Foster
said the church congregation would be part of the public also.
VOTE: YES. FOSTER, CONNNOR, PFEIL, CHESLEY, LEHNER,
KRANICH, HESS
Motion carried.
Pastor Rick Wise said
as divided as the property is it would be better to have consistent zoning.
B.
Memorandum
requesting support for House B
Commissioner Hess said
Representative Paul Seaton’s office has been working to clarify the Alaska
State Statutes regarding private landowner’s liability in recreational
use. A House Bill has been introduced
and letters of support are needed by Representative Seaton.
The Commission
discussed the proposed House Bill and the positive ramifications of its
passage. The Bill would create more
difficulty in suing a landowner for negligence.
It was the general consensus of the Commission that they support the
House Bill.
LEHNER/CONNOR – MOVED
TO SEND TO CITY COUNCIL A STRONG RECOMMENDATION OF SUPPORT FOR HOUSE BILL 415.
VOTE: YES.
NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
C.
Staff
The Commission discussed the laydown Resolution 06-(blank). It is a companion resolution to Ordinance
05-(blank) to define undeveloped ROW’s in RR and
·
·
·
·
Parson
Lane from the Southernmost section of Ocean Drive Loop
·
·
·
·
The Commission made changes to both the draft ordinance and
resolution.
Granting setback relief by preserving the ROW’s w
LEHNER/KRANICH - MOVED FOR A PUBLIC HEARING ON MARCH 1 OR
VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
D. Ordinance 06-05 Of the City
Ordinance 06-05 was not discussed.[2]
HESS/PFEIL – MOVED TO MOVE ITEM E FROM THE AGENDA TO THE
WORK LIST.
VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
F.
Staff
Chair Chesley
said before the Fred Meyer permit application comes in it would be beneficial
for the Commission to have a couple of Worksessions to go through the Design
Criteria Manual. It would be good for
the current body of Commissioners to have a discussion on it. City Planner McKibben said it may be useful
to review the not yet adopted Town Center Development plan along with it, as
Fred Meyer is trying to meet the intent of it.
G.
Comprehensive
Plan –
Commissioner Lehner would like to
be considered as the Commission’s liaison for the Comprehensive Plan rewrite. There were no objections from the Commission.
REPORTS
A.
Borough
Report
Commissioner Foster reported there was a presentation of
the draft for the new enforceable policies for the coastal program for the KPB. While the State is taking on what are
currently the KPB’s enforceable policies, there are a couple of areas where the
KPB is taking lead. One of those is
identifying recreational uses and to have enforceable policies to protect the
recreational uses in streams and the shoreline.
The KPB has identified the west side of the peninsula as an erosion zone
and the city’s project of shoreline change as a scientific study that
identifies the areas as erosion zones.
It allows enforceable policies and the rest of Borough can follow the
same process. The State w
The gravel ordinance is moving along, as members of the KPB
Assembly and the KPB
Commissioner Foster said a question before the KPB attorney
was if a commissioner has voted on an application as a member of the city planning
and zoning process, should they recuse themselves from voting on the same
quasi-judicial application when it is before the KPB
The Commission discussed the KPB attorney ruling that was
submitted as a laydown. Commission Foster
said his belief was that he would represent the city’s decision at the KPB
level, whether or not he supported it at the vote. Commissioner Hess suggested the ruling may
merit further response.
HESS/LEHNER - MOVED THE
VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
B.
None.
PLANNING DIRECTOR’S REPORT
City Planner McKibben discussed travel arrangements with
the Commission for the upcoming training in
INFORMATIONAL MATERIALS
Items listed under
this agenda item can be HCC meeting minutes, copies of zoning violation
letters, reports and
A.
Draft
Resolution 06-19, A Resolution of the City
City Planner McKibben provided a signed copy of Resolution
06-19 as a laydown. The Planning
Department is working on scheduling a public meeting with property owners. Commissioner Hess said he emailed City
Planner McKibben requesting a consultant to help with the ordinance. City Planner McKibben said it was important
to start with the property owners, as their thoughts were needed before the
ordinance was drafted. She said there
may not be enough time to hire a consultant, as the RFP process takes time.
Commissioner Foster said there is confusion on the wetlands
from the City
With the EPA grant there has been new mapping. There is a working group identifying the
scientific functions of the different wetlands identified. The wetlands have doubled from 1,500 acres to
3,000 acres with the new mapping done last year. The
B. Information regarding
This was discussed under PLANNING
DIRECTOR’S REPORT.
COMMENTS OF THE AUDIENCE
Members of the
audience may address the Commission on any subject. The Chair may prescribe time limits.
There was
no audience.
COMMENTS OF THE COMMISSION
Commissioners may comment on any subject, including requests to staff
and requests for excused absence.
Commissioner Pfeil would like to be
excused from the March 15th meeting.
Commissioner Connor said the Cook Inlet Alliance is co-sponsoring
a shipping safety event on February 27th from
Chair Chesley reminded the Commissioners there is a Land
Allocation planning session with the City
Commission Hess shared a quote: “The opinion of 10,000 men is
of no value if none of them know anything about the subject.”
Commissioner Lehner said she was disappointed to miss the
Joint Worksession, but w
Commissioner Kranich said the opening of the Pratt Museum exhibit
of developing the community and making a place for ourselves was last
Tuesday. There was fair attendance
during the week and Saturday afternoon after the Winter Carnival parade over 300
people went through the exhibit. It was
so crowded you could hardly move through the gallery. The exhibit w
Commissioner Foster said he w
Chair Chesley said it was a great
meeting and he thanked Deputy City Clerk Johnson.
ADJOURNMENT
Notice of the next regular or special meeting or work session w
There being no further business to come before the
Commission the meeting adjourned at
___________________________________
JO JOHNSON, DEPUTY CITY CLERK