Session 05-15, a Regular Meeting
of the Homer Advisory Planning Commission was called to order by Chair Chesley at
PRESENT: COMMISSIONERS: CHESLEY, HESS, PFEIL, FOSTER, LEHNER, CONNOR, KRANICH
STAFF: CITY PLANNER MCKIBBEN
DEPUTY CITY CLERK JOHNSON
PUBLIC WORKS DIRECTOR MEYER
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 Planning Commission and are
approved in one motion. There w
A. Time Extension Requests
B.
Approval of City of
C. KPB Coastal Management Program Reports
D.
Commissioner
Excused Absences
Under COMMISSION BUSINESS
Commissioner Connor requested - Road Trip to Soldotna to Kenai Peninsula
Borough Planning Commission Meeting be added as Item H. Items H, I, and J, Staff
APPROVAL OF MINUTES
Commission
approves minutes with any amendments.
A.
Approval of
The Regular Meeting Minutes of
B.
Approval of
The Regular Meeting Minutes of
PUBLIC COMMENT, PRESENTATIONS
The public may speak to the Planning
Commission regarding matters not on the agenda.
The Chair may prescribe time limits.
Public comment on agenda items w
Stan Welles,
city resident, said many may remember the pizza restaurant (on
Brian Bennett, city resident, is
a member of the newly formed Citizens Alliance for Neighborhoods (CAN). At this point there is not a spokesperson for
the group so the comments tonight are Mr. Bennett’s. The CAN group has many of the same concerns
as the Commission:
¯
Rural Residential (RR) zoning is low density
housing – the proposed Quiet Creek subdivision is not low density housing.
¯
Transportation Plan – the neighborhood driven
design process would allow a neighborhood road to change its characteristics to
a collector or arterial.[1] The
CAN would like to initiate this process.
¯
Wetlands – appropriate for the City to request
jurisdictional determination from the Corps of Engineers.
¯
Storm Water Plan – needed and should be a part
of the preliminary plat process. An
engineered storm water plan should identify impervious surfaces as it could
change drainage for property owners south of the development.
¯
Impact on Waste Water Treatment Plant – the Infiltration
and Inflow Study completed by USKH in 2003 is a valuable source. Before the City approves a sewer plan for a subdivision
this size it may be prudent for the City to look at the impact on the Waste Water
Treatment Plant.
Mr. Bennett concluded there are
lots of partners in the CAN supportive of the Commission and the number of the
group is growing each week. The City of
RECONSIDERATION
A. Staff Report PL
05-80 Re: Request for Acceptance of Nonconforming Use on
HESS/FOSTER – MOVED TO
RECONSIDER STAFF REPORT PL05-80.
VOTE: YES. FOSTER, PFEIL, CHESLEY, HESS
VOTE: NO. CONNOR, LEHNER, KRANICH
Motion carried.
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.
There were no public hearings.
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.
City Planner McKibben provided laydown
LEHNER/- MOVED FOR A CONFLICT OF INTEREST.
Ms. Lehner lives in the subdivision.
Motion died for lack of a second.
HESS/PFEIL – MOVED TO ACCEPT
Steve Howell, applicant, was asked by Commissioner Hess about the plat
below his parcel that is being dedicated to the Land Trust. He questioned if a ROW easement was given and
Mr. Howell answered that it was not and he was in no rush. Mr. Howell said the 30 or 40-acre parcel was
dedicated to Kachemak Heritage Land Trust and that
Commissioner Lehner stated she would like to
see the ROW for pedestrians. There is a
homeowner’s meeting
LEHNER/FOSTER – MOVED TO POSTPONE.
VOTE:
NO. CONNOR
VOTE: YES. LEHNER, KRANICH, HESS, CHESLEY, FOSTER, PFEIL
Motion carried.
Chair Chesley explained the continuance stops the clock from running, allows for time to work with staff and brings it back to the Commission for action. Chair Chesley asked City Planner McKibben to confer with the City Attorney if Commissioner Lehner may have a conflict due to her involvement in the homeowner’s association.
City Planner McKibben explained the vacation portion is not being heard tonight as it was not public noticed. The Commission can act on the preliminary plat only tonight.
CONNOR/HESS –
MOVED FOR A CONFLICT OF INTEREST.
Commissioner Connor explained she
lives in the neighborhood and is involved in a LID process. Her assessment may change if the plat is
approved.
VOTE: YES. LEHNER, HESS, FOSTER, CHESLEY, PFEIL, KRANICH
Motion carried.
Commissioner
Connor was excused from discussion on the plat.
LEHNER/PFEIL – MOVED TO ACCEPT OSCAR MUNSON NO. 23 SUBDIVISION PRELIMINARY PLAT WITH STAFF RECOMMENDATIONS TWO THROUGH FIVE.
Planning Commission grant approval of the preliminary plat with the following recommendations:
VOTE: YES. KRANICH, FOSTER, CHESLEY, LEHNER, PFEIL, HESS
Motion carried.
Commissioner Hess asked if a trail segment had been addressed and Mr. Imhoff answered that it had not.
HESS/KRANICH – MOVED TO ACCEPT PRELIMINARY PLAT FOR FOOTHILLS SUBDIVISION SUNSET VIEW ESTATES SUBDIVISION #1.
Commissioner Hess said he would
like to get the trail system in by the next platting action, noting that there
may be problems following natural drainages.
Commissioner Lehner said when the preliminary
plat for the remainder of the parcel comes before the Commission, trail
connections w
Surveyor Imhoff
referenced the letter from 59° North, LLC stating it is not a commitment for
the easement as there may be a different location that is a lot better.
Frank Griswold told the
Commission if any of the Planning Commissioners have a business association
with Tom Laing they should declare a conflict of
interest. Chair Chesley
said Tom Laing of 59° North, LLC is not an applicant,
is only commenting, and there is no action by Tom Laing
or his partners before the Commission.
The Commission discussed the one-acre
lot in the middle of a large piece of land and expressed the hope the 41 acres
w
FOSTER/KRANICH – MOVED THAT STAFF WORK WITH THE APPLICANT TO IDENTIFY ANY DRAINAGES AND TO MAKE THE DEDICATED SETBACK FROM DRAINAGES IF SUCH IS FOUND.
VOTE: YES. CHESLEY, PFEIL, CONNOR, LEHNER, KRANICH, HESS, FOSTER
Motion carried.
VOTE: (main motion) YES.
FOSTER, CONNOR, PFEIL, CHESLEY, LEHNER, KRANICH, HESS
Motion carried.
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.
City
Planner McKibben read the staff report and recommendation.
HESS/PFEIL – MOVED TO
ACCEPT THE NONCONFORMING STRUCTURE ON
Commissioner Foster commented
that although water service was connected in 1968 the newspaper from 1958 found
in the wall is not proof. He is building
a house himself right now and plans on shoving a 1950 newspaper in the wall to
show what year his house was built.[2]
HESS/LEHNER – MOVED TO INCLUDE
FINDINGS BASED ON HCC 21.64.035: THE SETBACK REQUIREMENT WAS NOT IN EFFECT
PRIOR TO THE ENACTMENT OF ZONING LAWS IN 1982.
VOTE: YES.
CONNOR, LEHNER, KRANICH, HESS, CHESLEY, FOSTER, PFEIL
Motion carried.
VOTE: (main motion) YES. PFEIL, CONNOR, HESS, KRANICH, FOSTER, CHESLEY,
LEHNER
Motion
carried.
Chair Chesley
called for a recess at
Chair Chesley
announced during the recess Frank Griswold pointed out a correction that was
needed on the last motion. The motion
stated it was nonconforming before 1982, which is the adoption of the zoning
code. The Commission needs to say the
use was nonconforming after 1982, as it became nonconforming after the adoption
of the code.
KRANICH/LEHNER - MOVED TO
VOTE: YES. LEHNER,
HESS, FOSTER, CHESLEY, CONNOR, PFEIL, KRANICH
Motion
carried.
LEHNER/FOSTER – MOVED TO
ACCEPT THE NONCONFORMING STRUCTURE AT 348 WEST
VOTE: YES.
KRANICH, FOSTER, CHESLEY, LEHNER, PFEIL, HESS, CONNOR
Motion
carried.
City Planner McKibben read the staff recommendation
pointing out the use of the site by Blackwell Well Dr
Frank Griswold, city resident, told the Commission with
the assurance that they would read his written comments he w
Commissioner Lehner asked Mr. Griswold if you had retail and changed the
retail goods sold how would that fit as a nonconforming use. Mr. Griswold responded if you sold shoes and
then sold glassware they may be similar uses.
He operates a garage and doesn’t consider himself a retail
business. Although he sells stuff the
primary use of his shop is not retail.
Chair Chesley
explained the Commission looks at the difference in the change of use within
the retail category. Different retail
uses could generate traffic, lighting, nuisance, hours of operation and
different criteria. Staff makes the
determinations if they are consistent with previous use.
HESS/FOSTER – MOVED TO
ACCEPT THE NONCONFORMING USE OF
Commissioner Hess stated
the subject lot is a poster child for what is wrong with the way the zoning
code was enforced in the past. The Commission
is in for a lot more nonconforming use applications and it is important to handle
them correctly.
The Commission discussed
the applicant’s construction of a building without the benefit of a zoning permit. The use stated in the request claims to be auto
related repair and maintenance. The Code
specifies if the use changes to another business there is no means to grant
approval of a primary use through approval of a secondary use.
Commissioner Foster agrees
with Frank Griswold’s comments. He said
it has taken the Commission a long time to understand the process of permits
even though they work with them regularly.
It clearly states the district is RR yet there is a business in
operation with another facility having been built without a permit. He said that should be a clear requirement to
everyone and it may indicate a lack of regard for the city planning and
zoning. Commissioner Foster said there
is a misconception that when people buy into a commercial business it w
Commissioner Kranich referred to Mr. Griswold’s laydown
When asked for his
recollection of dates, Frank Griswold said the Borough does not list a location
for sales tax registration, but Bob Reinhart was in business until 1989. The last three years of his business he was
across the street. It is Mr. Griswold’s
belief the auto shop terminated in 1986 to 1994, as the place looked like a
toxic waste site.
Commissioner Kranich concurred the building stood vacant a long time
after Bob Reinhart moved out. He added
that Don Blackwell has done an exemplary job in cleaning up the premises and
building, but it is a definite change in use.
HESS/KRANICH - MOVED TO
INCLUDE FINDINGS BASED ON INSUFFICIENT EVIDENCE PROVIDED TO SHOW THAT NONCONFORMING
USES OCCURRED CONTINUOUSLY ON THE
VOTE: YES. CHESLEY,
PFEIL, CONNOR, LEHNER, KRANICH, HESS, FOSTER.
Motion carried.
VOTE: NO. (main motion) FOSTER, CONNOR, PFEIL, CHESLEY, LEHNER,
KRANICH, HESS
Motion failed.
Chair Chesley
called for a recess due to audio recording difficulties at
LEHNER/PFEIL – MOVED TO NOMINATE
LANE CHESLEY FOR CHAIR.
VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.
Motion
carried.
Chair Chesley
accepted the nomination stating he was w
PFEIL/FOSTER
– MOVED TO NOMINATE BRUCE HESS AS VICE CHAIR.
VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.
Motion
carried.
Vice Chair Hess thanked the Commissioners for their support.
The Commission discussed
the CIP List and added the following recommendations as their top choices:
State
Roads - Reconstruction of
Utilities
- Homer Water Improvements
Structures
- New City Hall and
Equipment - Homosote Floor for Homer Hockey Association.
E. Staff Report PL 05-93 Re: Proposed
Ordinance Amending Homer City Code 21.48 Site Development Requirements and
Homer City Code 21.44 Rural Residential, 21.45 Urban Residential, 21.47
Residential Office, Adding Development Activity Plan (DAP) and Storm Water Plan
(SWP) Requirements.
HESS/FOSTER – MOVED TO POSTPONE ACTION TO THE NEXT SCHEDULED
MEETING, TO THE WORKSESSION AND REGULAR MEETING.
VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
F. Staff
Report PL 05-100 Re: Request for Acceptance of Nonconforming Use
on
Commissioner Hess stated the Commission needs to
make a positive motion, thus the reason for reconsideration.
Chair Chesley mentioned
that Commissioner Kranich voted against the majority
of the body stating there were better findings to base the request on. Commissioner Kranich
clarified he made the statement at the
HESS/FOSTER – MOVED TO ACCEPT THE NONCONFORMING USE
ON
Commissioner Foster asked City Planner McKibben if
the applicant had contacted the Planning Department in the last two weeks and
she answered there has been no contact.
Commissioner Foster asked Commissioner Kranich
why he voted against the majority and he answered that he would rather not say,
although it does not have anything to do with his ex-parte
communication with the applicant. He was
not in support of the finding of the Commission at that time.
VOTE:
NO. KRANICH, FOSTER, CHESLEY,
LEHNER, PFEIL, HESS, CONNOR
Motion failed.
LEHNER/HESS – MOVED TO
ADOPT THE STAFF RECOMMENDED FINDING IN STAFF REPORT PL 05-100: HCC 21.64.030(b) REQUIRES THAT ONCE A USE
MADE NONCONFORMING BY THIS TITLE IS ABANDONED, CHANGED, DISCONTINUED, OR CEASES
TO BE THE PRIMARY USE OF THE LOT, THE USE OF THAT LOT SHALL THEREAFTER CONFORM
TO THE REGULATIONS OF THE ZONE IN WHICH THE LOT IS LOCATED, AND THE
NONCONFORMITY SHALL NOT BE RESUMED OR ALLOWED TO CONTINUE. NO EVIDENCE OR TESTIMONY WAS PROVIDED
DEMONSTRATING THE CONTINUOUS USE OF THE LOT AS A MATERIALS STAGING SITE,
MATERIALS STORAGE SITE/STOCKPILING, AND STORAGE OF CONSTRUCTION EQUIPMENT.
VOTE: YES.
FOSTER, CONNOR, PFEIL, CHESLEY, LEHNER, KRANICH, HESS
Motion carried.
City Planner McKibben noted the laydown
¯ Public Works concerns w
¯ Recommendations for trail segments cannot be
addressed during a subdivision agreement.
¯ KPB subdivision code lists things that can be asked
for on the subdivision map. Without
listing contours and wetlands the Planning Commission cannot evaluate the
preliminary plat in steep areas or large acreage of wetlands.
¯ Layout and areas of greenspace
could alter minimum lot size.
¯ If roads are put in without a subdivision agreement
and the roads don’t meet the city standards, the City doesn’t have to accept
them for maintenance.
City Planner McKibben is to make the revisions to
the letter and discuss them with Vice Chair Hess and City Manager Wrede before
forwarding to the Kenai Peninsula Borough.
H. Road
Trip to Soldotna to
Commissioner Connor stated she is supportive of Chair Chesley’s idea of the Commission’s attendance at the KPB Planning Commission meeting. In trying to open communications with the Borough it would be nice for them to see the Commissioners’ faces. Attendance at the meetings of August 22 and September 12 were discussed and the need for it to be advertised in compliance with the Open Meetings Act.[3]
HESS/KRANICH - MOVED TO POSTPONE TO NEXT MEETING.
Chair Chesley stated he
was working on an amendment to the RR zoning district. Commissioner Hess noted the laydown about open space and its definitions to
incorporate.
Paul Gavenus, city resident,
commented that the lot sizes w
VOTE:
YES. NON
OBJECTION. UNANIMOUS
CONSENT.
Motion carried.
City Planner McKibben stated there was a laydown regarding amendment procedures. She said the amendment to the Code came
before the Commission in February with a proposed amendment from the Clerk who
had conferred with the City Attorney.
Information from other communities was included in the packet.
Chair Chesley said when
the amendment was brought to the Commission by the Clerk the purpose of the
amendments was not understood. The Clerk
was asked for clarification and to provide a history. There was no response so it was dropped. Mr. Chesley felt
the Clerk’s suggestion was not in the best interest of the zoning changes.
The Commission discussed the 300 ft. standard range
for property owner notification.
Frank Griswold read excerpts from a 1991 letter from
City Attorney Tans to City Planner Bechtol regarding
spot zoning. Mr. Griswold stated that
size does matter for rezones. A benefit
must be shown to property owners.
After a brief discussion it was decided more
considerations would be presented at the next meeting.
HESS/LEHNER – MOVED TO CONTINUE TO NEXT MEETING.
VOTE:
YES. NON
OBJECTION. UNANIMOUS
CONSENT.
Motion carried.
The Commission
briefly discussed the work list.
REPORTS
A.
Borough
Report
Commissioner Foster said it was a
good idea for the City’s Planning Commission to come to the Kenai Peninsula
Borough’s Planning Commission to see it in process. Around and bordering the city the effect of a
road being built in
B.
None.
PLANNING DIRECTOR’S REPORT
City Planner McKibben explained
the Commission does not need words within the findings that are clear and
similar to what exists in the Code, as the findings are currently tied to the
Code.
Ms. McKibben explained the
Planning Department has been lax in accepting items for the packet. They are now working to follow the Policies
and Procedures Manual enforcing the deadlines for accepting items to allow the
packets to be distributed timely. When
working on Code amendments the Commission proposed amendments, there was a
meeting to finalize and the public had an opportunity to look at it. The department is trying to slow down the pace
to allow the public lots of opportunity to comment. She stated it is important to do a better
service to the public.
City Planner McKibben reported Dotti Harness has been hired as Code Compliance Planning
Technician. Interviewing for the
administrative position is completed and she hopes to offer the position to
someone by week’s end.
INFORMATIONAL MATERIALS
Items listed under this agenda item can be HCC meeting
minutes, copies of zoning violation letters, reports and
A. USACOE Public Notice of Application for
Permit – Halibut Cove.
B. Memorandum 05-138(A).
C. Zoning Violation Table – Update
COMMENTS OF THE AUDIENCE
Members of the audience may address the Commission on
any subject. The Chair may prescribe
time limits.
Frank Griswold told the Commission to avoid the appearance of impropriety they should be very careful about assemblage of a quorum. As to Commissioner Lehner’s conflict of interest it should have been disclosed even if her motion for the conflict didn’t get a second. Mr. Griswold commented he does not believe any action should be approved be default, although he understands the Commission’s reasoning is for fairness to the applicant. He sees it as arbitrary to say if the issue is not heard within thirty or sixty days the applicant automatically gets it. The Commission has findings to show their actions are properly based in their authority and there would be no findings with a default approval.
Mr. Griswold said he was
surprised to see the procedural change in public comments on minutes. If there are two places for the public to comment,
items on the agenda, and items not on the agenda, he questioned why he has to
wait until the end of the meeting to comment.
Chair Chesley said the discussion has gone
round and round and he started soliciting public comments at Mr. Griswold’s recommendation. Chair Chesley
stated he was told it was incorrect in his doing so, as the appropriate
amendment was not made to amend the agenda.
Deputy City Clerk Johnson stated it would require an amendment to the
bylaws, as currently public comments follow the approval of the minutes. Mr. Griswold stated on August 3rd
he provided a three-page laydown outlining omissions,
errors, substitutions and lack of quotes to his comments within the
minutes. He said there is potential for
manipulating the minutes and changing someone’s comments. Mr. Griswold said when he points out the
errors why doesn’t someone listen to the tapes and say he didn’t say that and
he doesn’t like the new words. The tapes
disappear and ten years from now the minutes are all that w
Chair Chesley told Mr. Griswold written comments to the Clerk are appreciated. Some people show up and add to their written comments and do not want to hand correspondence off to the Clerk. Other people have told Mr. Chesley that Mr. Griswold has received pretty unfair treatment from the Clerk’s office in the editing of comments. Chair Chesley stated the minutes are not a verbatim transcription of the entire meeting and there has to be some editorializing of them.
Mr. Smith explained zoning
district amendments are a process handled by ordinance. The ordinance amendments can be initiated by property
owners, requiring 50% or more approval, with terms to incorporate property
owners within so many feet. Mr. Smith
said in
COMMENTS OF THE COMMISSION
Commissioners may comment on any subject, including
requests to staff and requests for excused absence.
Commissioner Lehner
said the handout on open space is meant to initiate discussion. Green spaces set aside are valuable to the community. Although it is difficult to quantify their value
there should be consideration for doing so.
Commissioner Hess commented that high density and Rural Residential may be compatible as long as a lot of open space is maintained.
Commissioner Pfeil
thanked Planning Technician
Commissioner Foster stated
Commissioners Lehner and Hess have read more on the
subject of green space, but a lot of open space can st
Commissioner Kranich
appreciated receiving the packet earlier.
He said getting through the minutes requires more reading time than the other
Commissioner Connor thanked the
citizens of Homer who have put in a lot of time and energy. She is heartened by the community support and
surge of interest in the planning issues.
She thanked the citizens for doing their homework, showing up and
speaking their mind.
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
Approved: ________________________