Session 06-25, a Regular Meeting of the Homer Advisory
Planning Commission was called to order by Chair Kranich at
PRESENT: COMMISSIONERS: FOSTER, HESS, KRANICH, MINSCH, ZAK
ABSENT: CHESLEY, PFEIL (both
excused)
STAFF: CITY PLANNER MCKIBBEN
DEPUTY
CITY CLERK JOHNSON
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 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.
A. Time Extension Requests
B. Approval of City of
C. KPB Coastal Management Program Reports
D. Commissioner Excused Absences
1. Fred Pfeil
2.
Lane
Chesley
MINSCH/HESS – MOVED TO REMOVE OLD BUSINESS ITEMS A & B
MARINE INDUSTRIAL AND MARINE COMMERCIAL ORDINANCES AND GATEWAY OVERLAY DISTRICT
FROM THE AGENDA.
There was no discussion.
VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
APPROVAL OF MINUTES
Commission approves
minutes with any amendments.
A.
Approval
of
MINSCH/HESS – MOVED TO APPROVE THE
VOTE: YES. NON
OBJECTION. UNANIMOUS CONSENT.
Motion carried.
B.
Approval
of
MINSCH/HESS – MOVED TO APPROVE THE
VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
PUBLIC COMMENT,
PRESENTATIONS
There were none.
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 will be heard
at the time the item is considered by the Commission. Presentations are approved by the Planning
Director, the Chair, or the Planning Commission. A Public Works representative may address the
Planning Commission.
RECONSIDERATION
None.
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
Commissioner Hess declared a possible conflict of interest
stating he has an interest in property within 300 ft. of the application.
FOSTER/ZAK - MOVED THAT COMMISSIONER HESS HAS A CONFLICT OF
INTEREST.
Commissioner Hess is unsure if he is biased and assumed the
property was zoned with the rest of the development.
VOTE: NO. MINSCH, FOSTER
VOTE: YES. ZAK, KRANICH
Motion failed.
City Planner McKibben summarized the staff report and read
the staff recommendations.
Ron Martin of Martin Real Estate represents the applicant
Robert A. Hunt. Mr. Martin said his
research was presented to planning staff and they did an excellent job filling
in the gaps. In 1981 a previous owner of
the property applied for rezoning. There
was a problem with the petitioner’s compliance with zoning requirements. Mr. Martin said this is a good way to solve
the split zoning on a lot that is already being used for that purpose.
Robert Hunt recently realized the Conditional Use Permit
(CUP) stated that the western portion of the property could not be used for
anything other than a parking lot. City
Planner McKibben explained the CUP runs with the land and the next owner
inherits the CUP. It is not an item that
is recorded with the State so does not show up in a title search. It may cause problems with real estate in
terms of value and marketability.
Diann Martin of Martin Real Estate stated Robert Hunt
purchased the property partially through a foreclosure. For all these years he has assumed the entire
property was zoned GC1. Years back an appraisal
was based on property as GC1; an appraisal may be completely different as the back
property is zoned Rural Residential with a CUP.
The CUP was granted to comply with the required 77 parking spaces.
The zoning was done through the Kenai Peninsula Borough on
Whether the conditions carry on with the rezone was
discussed. City Planner McKibben said it should not affect the Commission’s
decision. The Commission expressed the
desire to know if the conditions went with the rezone, stating it would affect adjacent
property owners. As there are many uses
in GC1, some uses may not be compatible with the neighboring rural residential
area.
The public hearing was opened. With no public comment the public hearing was
closed.
HESS/MINSCH - MOVED TO APPROVE THE REZONE AT 204 OCEAN DRIVE
LOOP BELUGA LAKE LODGE REQUEST TO EXTEND THE GENERAL COMMERCIAL 1 TO INCLUDE
THE REPLATTED PORTION OF THE WESTERN PORTION OF OSCAR MUNSON SUB. NO. 4
City Planner McKibben noted the whereas clauses in the
ordinance in the packet (page 51) may be findings.
FOSTER/MINSCH – MOVED TO AMEND TO ADD THE SIX WHEREAS CLAUSES
ON PAGE 51 OF THE PACKET AS FINDINGS AND TO INCLUDE THE FINDING THAT THE 1983
CUP REQUIRES THE WESTERN PORTION OF THE
Concerns include a person buying another lot outside the
current zoning and they have it changed to the original zoning to push the
zoning into rural residential. Allowing
parking to remain near the rural residential boundary where it is quieter for
neighboring properties is desired. There
are many residents living there that may think nothing is going to change with
the rezone.
VOTE: (amendment)
YES. KRANICH, FOSTER, HESS, MINSCH
NO: ZAK
Motion carried.
City Planner McKibben will obtain the City Attorney’s
opinion if the CUP continues with the rezone.
Commissioner Zak’s negative vote was due to the applicability of a CUP
to half of a lot; he would like to see the CUP go away. The transitional zone between two districts
was questioned. GC1 requires extra
special standards when it abuts residential uses and districts.
VOTE: (main motion
as amended) YES. ZAK, HESS, FOSTER,
MINSCH, KRANICH
Motion carried.
Staff recommends the Planning Commission recommend approval
of the applicant’s request for a zoning district change for Lot 2A-1 Oscar
Munson Subdivision No. 4 from Rural Residential to General Commercial 1 (Draft
Ordinance 06- ) and adopt findings
supporting this.
Recommendations will be sent forth to the City
Council. Staff is to obtain an opinion
from the City Attorney on whether the CUP continues or is void.
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.
A.
Staff
City Planner McKibben summarized the staff report and read
the staff recommendations.
MINSCH/ZAK – MOVED TO ACCEPT
The applicant or his representative was not present.
The three lots do not fit into the existing Rural Residential
definition. The flag of the lot is 20
ft. wide. The property owner will slop
over onto the neighboring property for a driveway. The lots do meet the minimum lot size
requirement as water and sewer lie in
VOTE: NO. FOSTER
VOTE: YES. MINSCH, ZAK, KRANICH, HESS
Motion carried.
Planning Commission recommend approval of the preliminary
plat with the following comments:
B.
Staff
MINSCH/ZAK – MOVED TO ACCEPT
City Planner
McKibben summarized the staff report and read the staff recommendations.
The Commission discussed the logic in removing lot lines for the advantage of the senior exemption.
VOTE: YES. MINSCH, ZAK, KRANICH, HESS, FOSTER
Motion carried.
Planning Commission recommend approval of the preliminary
plat with the following comments:
1.
A
plat note indicating that this subdivision may contain wetlands. Property owners should contact the Army Corp.
of Engineers prior to any on-site development or construction activity to
obtain the most current wetlands designation (if any).
2.
Correct
the subdivision name.
3.
Reflect
the correct legal description in the title block.
4.
Depict
Homer city limits on the vicinity map.
5.
Dedicate
a 15 ft utility easement along the edge of the Right of Way.
OLD BUSINESS
A.
Staff
This item was removed from the agenda.
This item was removed from the
agenda.
NEW 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 summarized the staff report and read
the staff recommendations.
FOSTER/MINSCH - MOVED TO ACCEPT
City Planner McKibben said the applicants want a shop in
addition to the garage. They do not want
the driveway counted as impervious coverage.
The allowance of not counting a driveway as 100% impervious was not
meant to apply to a situation such as this.
The structure could be moved closer to the existing gravel
pad. The flat lot causes concern of
water flow. The Commission determined
the applicants are not offering anything in a mitigation plan.
VOTE: YES. MINSCH, HESS, KRANICH, FOSTER, ZAK
Motion carried.
STAFF RECOMMENDATION:
Staff recommends denial
of this mitigation plan based on:
If the HAPC grants exclusion of the
impervious driveway coverage and allows for 6.4% impervious coverage staff
recommends at a minimum:
REPORTS
A. Borough
Report
Commissioner Foster reported it was a short meeting in
Cooper Landing and the local folks were pleased the Planning Commission was
there. They would like the commission to
support more trails. There used to be a trails
committee for the Borough, but it disbanded.
A number of people around Homer may want to participate in trails with
the Borough.
B. Kachemak
Bay Advisory Planning Commission Report
PLANNING DIRECTOR’S
REPORT
City Planner McKibben said there is a joint worksession with
the Port and Harbor Commission on November 15th to discuss Overslope
Development. Future commission meetings
are October 4th and 26th and November 2nd.
The Commission asked if an ordinance on Marine Commercial itinerant
merchants could be sent to City Council.
The right-of-way meeting in
The Steep Slope ordinance is a grant project, making it
time sensitive. With the clock ticking
it has been moved to the top of the Commission’s work list. In the next couple of months there will be a
draft ordinance. The steep slope will
include sensitive areas such as steep slopes, wetlands, eroding shorelines,
drainages and historic districts. The flood
hazard ordinance from Title 12 may be moved into sensitive areas too.
INFORMATIONAL
MATERIALS
Items listed under
this agenda item can be HCC meeting minutes, copies of zoning violation
letters, reports and information from other government units.
A. Memorandum dated
B. Letter
dated
C. Letter
dated
D. Resolution
06-125, A Resolution of the City
E. Resolution
06-131, A Resolution of the City
COMMENTS OF THE AUDIENCE
Members of the audience may address the Commission on any subject. The Chair may prescribe time limits.
None.
COMMENTS OF THE COMMISSION
Commissioners may
comment on any subject, including requests to staff and requests for excused
absence.
Commissioner Hess commented it is nice to finish early.
Commissioner Foster attended the Kachemak City
Commissioner Zak commented the realtors were in town last
week and Commissioner Minsch did a good job of planning. They were all
Commissioner Minsch said as long as she has been in real
estate it is not legal; if a lot does not exist you cannot sell it. The community, realtors and city staff were
at the meeting last week. She asked if a
meeting could be scheduled before the worksession.
The worksession on
Chair Kranich said it was a good meeting. The Commission needs to continue on the Marine
Commercial and Marine Industrial and Gateway issues.
ADJOURNMENT
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
_____________________________
JO JOHNSON, DEPUTY CITY CLERK
Approved: ____________________