Session 08-10, a Regular Meeting of the Homer
Advisory Planning Commission was called to order by Vice Chair Minsch at
PRESENT: COMMISSIONER
HESS, MINSCH, STORM, ZAK
ABSENT: COMMISSIONER
KRANICH, FOSTER (Both excused)
STAFF: PLANNING
TECHNICIAN HARNESS
DEPUTY
AGENDA
APPROVAL
The agenda was approved by consensus of the
Commission.
PUBLIC
COMMENT
The Public may speak to the Planning Commission
regarding matters not scheduled for public hearing. (3 minute time limit)
Presentations approved by the Planning Director, the Chair or the Planning
Commission. A Public Works representative may address the Planning Commission.
RECONSIDERATION
There were no items for reconsideration.
ADOPTION OF THE 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 will be no separate discussion of these items unless
requested by a Planning Commissioner or someone from the Public, in which case
the item will be moved to the regular agenda and considered in normal sequence.
1. Approval of the Minutes of
2. Time
Extension Requests
3. Approval
of City of
4. KPB
Coastal Management Program
5. Commissioner
Excused Absences
A.
Ray Kranich
B.
Rick Foster
HESS/STORM MOVED FOR ADOPTION OF THE CONSENT
AGENDA.
There was no discussion.
VOTE: NON OBJECTION: UNANIMOUS CONSENT
Motion carried.
PRESENTATIONS
Presentations approved by the Planning Director,
the Chair, or the Planning Commission. A Public Works representative may
address the Planning Commission.
There were no presentations scheduled.
REPORTS
A. Borough
Report
There was no Borough report.
B.
There was no KBAPC report.
C. Planning
Director’s Report
There was no discussion regarding the staff report.
PUBLIC
HEARINGS
The Commission conducts Public Hearings by hearing
a staff report, hearing public testimony and the acting on the Public Hearing
items. (3 minute time limit) The commission may question the public. Once the
public hearing is closed the Commission cannot hear additional comments on the
topic.
Planning Technician Harness briefly reviewed the
staff report. She advised the Commission that this action is specifically for
changing the zoning for this particular lot and reviewed the allowed uses for
residential office zoning. She noted that there is no mention of professional
offices or administrative offices.
Sara Jackinsky, applicant, commented that since the
application was submitted the use has changed and w
Vice Chair Minsch opened the public hearing.
Ethan Ford, property owner to the south, commented
that it sounds like the uses have changed from what was mentioned in the staff
report, which is for a court house. Regardless of the use, if it is rezoned to
residential office, he understands that there w
There were no further comments and Vice Chair
Minsch closed the public hearing.
Ms. Jackinsky responded that rezoning the property
would be compatible with other uses in the area.
HESS/STORM MOVED FOR APPROVAL OF
Commissioner Hess noted that if there are
neighboring property owners who express concern it is important to weigh their
opinions.
Point was raised that residential office zoning
requires a 20 foot setback from all lot lines which allows for a fair distance
between properties. It was also noted that residential office is designed to
have compatibility with both residential use and office uses.
VOTE: YES: STORM, MINSCH, ZAK, HESS
Motion carried.
PLAT
CONSIDERATION
The Commission hears a staff report, testimony from
applicants and the public, The Commission may ask questions of staff,
applicants and the public, The Commission will accept testimony or a
presentation on agenda items that involve an applicant.
Planning Technician Harness briefly reviewed the
staff report.
Roger Imhoff, project surveyor was available for
questions, but had no comment.
There were no public comments.
HESS/ZAK MOVED TO APPROVE
STAFF
COMMENTS/RECOMMENDATIONS:
Planning Commission
recommend approval of the preliminary plat with the following comments:
It was noted that the staff report refers to Irvin
Subdivision No.2 but w
Mr. Imhoff clarified on the aerial photo where the
lot lines w
VOTE: YES: MINSCH, HESS, STORM, ZAK
Motion carried.
PENDING BUSINESS
ZAK/STORM MOVED TO POSTPONE ANY ACTION ON THIS ITEM
UNTIL A FUTURE MEETING AFTER SOME FUTURE WORKSESSIONS.
There was no discussion.
VOTE: NON OBJECTION: UNANIMOUS CONSENT
Motion carried.
NEW BUSINESS
The Commission hears a report from staff.
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. Any items brought before the
Commission for discussion are on the floor for discussion following
introduction of the item. The Commission will accept testimony or a
presentation on agenda items that involve an applicant (such as acceptance of a
non conformity).
HESS/STORM MOVED TO DISCUSS
The Commission discussed residential office zoning
in relation to administrative office buildings and professional office
buildings. Points of the discussion included:
·
Building
a court house and a court room would be analyzed by a fire marshal as an
assembly space, which doesn’t fit the description of professional office.
·
The
Commission could consider a court house as a conditional use for a specific
property.
·
In
·
A
court house would more likely to fall under a definition of a public
administrative building than a professional building.
·
Historically,
residential office came about because of the development of doctor’s offices in
the area of the hospital.
·
The
purpose of the residential office district is to preserve the residential
quality of an area while allowing certain services, whose nature is low traffic
generation similar scale and density. The district is a transition zone between
commercial and residential neighborhoods.
·
Staff
assessed the parking requirement based on 8000 square feet which resulted in 1
space for every 200 square feet. Trip generation for an 8000 square foot court
house was estimated at 36 trips during peak hour.
·
Other permitted
uses in residential office district estimated to have the following peak hour
trips for an 8,000 square structure: General office: 25, medical/dental office:
36, Library: 57.
100 trips at peak hour in
·
The
court house is a big building that will get a lot of activity and would no fit
in residential.
·
It
doesn’t seem right to allow an 8000 square foot building in residential office
when a building that size in
·
An
8000 square foot building can not go next to a residential neighborhood without
any requirements. It is a public facility and assembly space, not an office
building. When there are two trials going on it is going to exceed the
estimated trip generation.
·
The
code doesn’t provide a definition other than to amend the public
utility/facility definition.
·
The
use of a court house is appropriate as a conditional use in
ZAK/HESS I MAKE A MOTION THAT WE FIND THAT COURT
HOUSE IS NOT A TYPE OF PROFESSIONAL OFFICE AS DEFINED UNDER HOMER
There was brief discussion referring back to
impacts of the use and that it is not what is intended in residential office.
VOTE: YES: STORM, ZAK, HESS, MINSCH
Motion carried.
HESS/STORM I MAKE A MOTION THAT THE COMMISSION
FINDS THAT THE USE IS ALLOWED CONDITIONALLY IN THE
There was no discussion.
VOTE: YES: MINSCH, STORM, ZAK, HESS
Motion carried.
HESS/STORM I MAKE A MOTION THAT THE COMMISSION
FINDS THAT THE USE IS MORE APPROPRIATE IN OTHER COMMERCIAL DISTRICTS.
There was no discussion.
VOTE: YES: STORM, MINSCH, ZAK, HESS
Motion carried.
ZAK/STORM I MAKE A MOTION THAT WE FIND THAT THE USE
IS NOT CONSISTENT WITH THE PURPOSE OF THE DISTRICT IN QUESTION
There was no discussion.
VOTE: YES:
MINSCH, HESS, STORM, ZAK
Motion carried.
It was requested staff amend the worklist to add
clarification of the issues of uses and building sizes in the residential
office district. It was recognized that court house needs to be defined as an
allowed use in
HESS/STORM SO MOVED TO
DISCUSS
Planning Technician Harness briefly reviewed the
staff report. She noted that the only
change to the ordinance since the Commission last considered it is found
beginning at line 363. The additional language provides that a lessee of City
owned property is responsible for obtaining sign permits.
It was noted that staff
recommends the public hearing to be held on
VOTE: NON OBJECTION:
UNANIMOUS CONSENT
Motion carried.
It was noted that there are no provisions in the
sign code to allow a variance.
INFORMATIONAL MATERIALS
A. Decision
on Appeal in the Matter of Refuge Chapel Nonconforming Structure
B. Letter dated
C. Notice of Appeal to the Board of Adjustment of the Homer
Advisory Planning Commission’s Approval of Conditional Use Permit 07-14 issued
to the Kachemak Shellfish Mariculture Association (KSMA) dated
COMMENTS OF THE AUDIENCE
Members of the Audience may
address the Commission on any subject.
There were no audience
comments.
COMMENTS OF THE COMMISSION
Commissioners may comments
on any subject, including requests to staff and requests for excused absence.
The Commission thanked
Planning Technician Harness.
ADJOURN
Notice of the next regular
or special meeting or work session will appear on the agenda following
“adjournment”.
There being no further business to come before the
Commission, the meeting adjourned at
MELISSA JACOBSEN, DEPUTY
Approved: