CITY OF
HOMER,
Planning Commission/Deputy City Clerk Johnson
RESOLUTION 07-13
A RESOLUTION OF THE HOMER CITY COUNCIL AMENDING THE
HOMER ADVISORY PLANNING COMMISSION PROCEDURES MANUAL AND BYLAWS INCLUDING AGENDA
FORMAT AND TIME LIMITS FOR PUBLIC COMMENTS.
WHEREAS, The Homer City Code has undergone several
amendments and updates; and
WHEREAS, The Homer Advisory Planning Commission Bylaws
and Procedures Manual were last updated in 2004; and
WHEREAS, Pursuant to Resolution
06-115(A) and 06-132 the Homer City
WHEREAS, The Advisory Planning
Commission introduced the Bylaw amendment in Resolution 06-115(A) at their
Regular Meeting held October 4, 2006 and took final action to approve the Bylaw
amendment at their Regular Meeting held December 6, 2006; and
WHEREAS, The Advisory Planning
Commission included the Bylaw amendment in Resolution 06-132 in their Bylaw
revisions approved at their Regular Meeting held
NOW, THEREFORE, BE IT RESOLVED that the City Council of
Homer,
NAME OF BODY DATE OF MEETING
PHYSICAL LOCATION
OF MEETING DAYOF WEEK AND TIME OF MEETING
HOMER,
PLANNING COMMISSION
AGENDA
1. Roll Call CALL TO ORDER
A quorum is required to conduct a
meeting.
2. APPROVAL OF AGENDA And
Adoption Of Consent Agenda
3. Approval
of Minutes
Commission approves minutes, with any amendments.
4
3. PUBLIC COMMENT,S Presentations
REGARDING
ITEMS ON THE AGENDA. (3 MINUTE TIME LIMIT)
The
public may speak to the Planning Commission regarding matters not on the
agenda scheduled for public hearing. (3
minute time limit) 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 approved
by the Planning Director, the Chair, or the Planning Commission. A Public Works
representative may address the Planning Commission.
54. RECONSIDERATION
5. 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.
1. Approval
of Minutes
2. Time Extension Requests
3. Approval
of City of
4. KPB
Coastal Management Program Reports
5. Commissioner Excused Absences
6. 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
will be heard at the time the
item is considered by the Commission. Presentations approved by the Planning
Director, the Chair, or the Planning Commission. A Public Works representative
may address the Planning Commission
107. REPORTS
a. Borough Report
b.
c. Planning Director’s Report
68. PUBLIC
HEARINGS
The Commission conducts Public Hearings by hearing a
staff report, hearing public testimony and then acting on the Public Hearing
items. (3 minute time limit) The
Chair may prescribe time limits. The
Commission may question the public. Once
the public hearing is closed the Commission can not hear additional comments on
the topic.
79. 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. The
Commission will accept testimony or a presentation on agenda items that involve
an applicant.
810. Old PENDING
BUSINESS
911. 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. 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 nonconformity).
10. Reports
a. Borough
Report
b. Kachemak Bay Advisory Planning Commission Report
11. Planning
Directors Report
12. 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.
13. COMMENTS OF THE AUDIENCE
Members of the audience may address the Commission on
any subject. (3 minute time limit) The Chair may prescribe time limits.
14. COMMENTS OF THE COMMISSION
Commissioners may comment on any subject, including
requests to staff and requests for excused absence.
15. ADJOURNMENT
Notice of the next regular or special meeting or work
session will appear on the agenda following “adjournment”.
HOMER
ADVISORY PLANNING COMMISSION
BY-LAWS
The following by-laws were passed by resolution of the
Planning Commission on December 1, 2004, by resolution of the Homer City
Council on October 13, 2003, and shall be in effect and govern the procedures
of the Planning Commission of the City:
A. To abide by existing
B. To abide by Robert's Rules of Order, so
far as this treatise is consistent with Homer City Code;
C. Regular
Meetings:
1. First
and third Wednesday of each month at
2. Agenda
deadline is two weeks prior to the meeting date at
3. Items
will be added to the agenda upon request of staff, the Planning Commission or a
Planning Commissioner.
4. Adding items or removing items from the
published agenda will be by consensus of the Commission.
D. Special
Meetings:
1. Called by Chairman or majority of the Commission.
2. Items
will be added to the agenda upon request of staff, the Planning Commission or a
Planning Commissioner.
3. Adding
items or removing items from the published agenda will be by consensus
of the Commission.
4. Require reasonable notification be given
to the Planning Department staff and twenty-four hour notice to the Planning
Commissioners.
E. Duties and Powers of the Officers:
A Chairman and Vice-Chairman shall be selected
annually in August or as soon thereafter as practicable by the appointive
members. The Chairman shall preside at all meetings of the Commission, call
special meetings in accordance with the by-laws, sign documents of the
Commission, see that all actions and notices are properly taken, and summarize
the findings of the Commission for the official record. The Vice-Chairman shall
perform all duties and be subject to all responsibilities of the Chairman in
his/her absence, disability or disqualification of office. The Vice-Chairman
will succeed the Chairman if he/she vacates the office before the term is
completed to complete the un-expired term. A new Vice-Chairman shall be elected
at the next regular meeting.
F. Motions to
Reconsider:
Notice of reconsideration shall be given to
the Chairman or Vice-Chairman, if the Chairman is unavailable, within
forty-eight hours from the time the original action was taken. A member of the
Commission who voted on the prevailing side on any issue may move to reconsider
the commission's action at the same meeting or at the next meeting of the body
provided the above 48-hour notice has been given. Consideration is only for the
original motion to which it applies. If
the issue involves an applicant, staff shall notify the applicant of the
reconsideration.
G. Conflict of Interest:
A member of the Commission shall disqualify
himself/herself from participating in any official action in which he/she has a
substantial financial interest. Should the Commission member not move to
disqualify himself/herself after it has been established that he/she has a
substantial financial interest, the Commission may move to disqualify that
member by a majority vote of the body.
Following
the Chair’s announcement of the agenda item the Commissioner should state that
he has a conflict of interest. Once
stated, the member should distance himself/herself from all motions. A motion should then be made by another Commissioner. Once the motion is on the floor the
Commissioner can disclose his/her financial interest in the matter before the
Commission. This will bring it to the
Commission for discussion. A vote will
then be taken. An affirmative vote
excuses the Commissioner and he/she takes a seat in the audience or remains
nearby. Upon completion of the agenda
item the Commissioner will be called back to join the meeting.
A
situation of personal interest may arise.
For example, a Commissioner may live in the subject subdivision or may
be a neighboring property owner. If the
Commissioner feels that by participating in the discussion he/she may taint the
decision of the Commission, or be unable to make an unbiased decision, the
Commissioner should state his/her conflict of interest. The same procedure as above should be
followed to determine the conflict.
H. Quorum; Voting:
Four Commission members
shall constitute a quorum. Four affirmative votes are required for the passage
of an ordinance, resolution or
motion. Conditional use permits and zoning variances require a majority plus
one vote. Voting will be by verbal vote, the order to be rotated. The final
vote on each resolution or motion is a recorded roll call vote or may be
done in accordance with J. Consensus. For purposes of notification to parties of
interest in a matter brought before the Commission, the Chairman may enter for the record the vote and basis for
determination.
The City Manager, or his/her designee and Public Works
Director shall serve as consulting members of the Commission but shall have no
vote.
I. Findings:
Findings will be recorded for conditional use permits,
variances, and zoning ordinance amendments. The findings will include the
result of the vote on the item and the basis of determination of the vote, as
summarized by the Chairman or Vice-Chairman, in the absence of the Chairman.
J. Consensus:
The
Commission may, from time-to-time, express its opinion or preference concerning
a subject brought before it for consideration. Said statement, representing the
will of the body and meeting of the minds of the members may be given by the
presiding officer as the consensus of the body as to that subject without
taking a motion and roll call vote.
K. Abstentions:
All
Commission members present shall vote unless the Commission, for special
reasons, permits a member to abstain. A motion to excuse a member from voting
shall be made prior to the call for the question. A member of the Commission
requesting to be excused from voting may make a brief oral statement of the
reasons for the request and the question of granting permission to abstain
shall be taken without further debate. A member may not be permitted to abstain
except upon the unanimous consensus of members present. A member may not
explain a vote or discuss the question while the roll call vote is being taken.
A member may not change his/her vote thereafter.
L. Vacancies:
A
Commission appointment is vacated under the following conditions and upon the
declaration of vacancy by the Commission.
The Commission shall declare a vacancy when the person appointed:
1. Fails to
qualify;
2. Fails to take
office within thirty days after his/her appointment;
3. Resigns and the resignation is accepted;
4. Is physically
or mentally unable to perform the duties of his/her office;
5. Misses three consecutive regular
meetings unless excused; or
6. Is convicted of a felony or of an
offense involving a violation of his/her
oath of office.
M. Procedure for Consideration of Agenda
Items:
The following procedure will normally be observed:
1. Staff presents report and makes
recommendation;
2 Applicant makes presentation; If
the agenda item involves an applicant s/he may make a presentation;
3. Public
testimony is heard on item;
4. Applicant
may make response;
3. 5. Commission
may ask questions of the applicant, public and staff.
N.
Procedure
for Consideration of Public Hearing Items:
The following procedure will normally
be observed:
1. Staff presents a report and makes recommendations;
2. Applicant/applicant’s representative makes
presentation
3. Public hearing is opened;
4. Public testimony is heard on item;
5. Public hearing is closed;
6. Applicant may make response to public testimony;
7. Commission may ask questions of the applicant, public
and staff.
O.
Procedure
for Consideration of Plat Considerations:
The following procedure will normally be observed:
1.
Staff
presents report and makes recommendations;
2.
Applicant
makes presentation;
3.
Public
comment is heard on the item;
4.
Applicant
may make a response;
5.
Commission
may ask questions of applicant, public and staff.
N.P. By-Laws Amended:
The by-laws may be
amended at any meeting of the Commission by a majority plus one of the members,
provided that notice of said proposed amendment is given to each member in
writing. The proposed amendment shall be introduced at one meeting and action
shall be taken at a subsequent Commission meeting.
O.Q. Procedure Manual:
This procedure manual (including the Bylaws)
will be endorsed by resolution of the Planning Commission and City Council and
may be amended at any meeting of the Commission by a majority plus one of the
members, provided that notice of said proposed amendment is given to each
member in writing. Proposed amendments
to the procedure manual shall be introduced at one meeting and action shall be
taken at a subsequent Commission meeting.
PUBLIC
PARTICIPATION
Addressing the Planning Commission:
The Homer Advisory Planning Commission invites citizen
participation regarding matters brought before it for consideration. Any citizen desiring to speak on a matter under discussion by the
Commission can do so under the one
or more of the following agenda headings: Public Comment. Hearings, Commission Business
or Comments of the Audience. Any citizen desiring to speak on a
matter not on the agenda may do so under Public Comments of the
Audience.
Public Hearings are scheduled to provide for formal
testimony regarding Commission action.
Generally, the order of presentation after introduction of any public
hearing item by the Chairman will be:
1. Staff presents report and makes
recommendation;
2.
Applicant makes
presentation;
3.
Public
hearing is opened;
3. 4. Public testimony is heard on item;
5. Public
hearing is closed;
4.6. Applicant may make response;
5.7. Commission may ask questions of the
applicant, public and staff.
The public is also invited to speak on any matter
agenda items during the
"Public Comments." After the
public comment period is introduced, the Chairman may recognize any member of
the public who wishes to address the Commission. No official action will be taken by the
Commission under this item. Comments are limited to three
minutes. This time limit may be adjusted
by two minutes up or down with the concurrence of the body in special
circumstances.
Any citizen desiring to speak on any matter not scheduled on the agenda
may do so under "Comments of the Audience" at the end of each
meeting. As a matter of policy, the
Planning Commission does not take action on items presented under
"Comments of the Audience." Time limits are the same as for “Public
Comments.”
For any public participation before the Commission,
the citizen should walk to the microphone located at the rostrum directly in
front of the Commission podium, and after receiving recognition from the
Chairman, state his/her name and address and purpose for appearing. The
Chairman may limit comments to a certain time limit. Items that generate a large amount of citizen
interest may be taken out of their regular position on the agenda at the
discretion of the Commission as an accommodation to the public.
ADMINISTRATIVE
OFFICIAL
The City Manager will be the administrative official
responsible for all actions taken by the Homer Advisory Planning Commission and
the City Council. The Planning Director
will be responsible for administration and enforcement of the Homer Zoning
Ordinance. Duties of the Planning Director will include, but are not limited
to, the following:
1. Maintain all records of the zoning
ordinance text and district changes;
2. Provide technical assistance to the
City Manager;
3. Process all zoning applications and
appeals;
4. Interpret and enforce the zoning
ordinance;
5. Maintain
all records of all zoning activities as related to the zoning ordinance.
The Planning Director has the authority to order
abatement of all zoning violations to include: the discontinuation and removal
of unlawful uses of land, buildings, uses or structures; the discontinuation of
activity leading to an unlawful use of land or structure; and any other action
necessary to insure compliance with all planning and land use regulations and
permits.
The staff of the City Planning Department will act in
an advisory and support capacity to the Planning Director, City Manager, Homer
Advisory Planning Commission and Board of Adjustment. The staff will review or coordinate review of
all applications relating to planning and zoning. Staff will review applications for minimum
submission requirements.
The Homer City Council is the Board of Adjustment for
any appeal of action or determination
by the Homer Advisory Planning Commission.
'The Planning Commission acts on requests for conditional use permits,
variances, clarification of unlisted uses, recommendations on zoning ordinance
amendments and appeals from the City Manager.
The appeal process will be consistent with other sections of the zoning
ordinance and follow the rules and regulations governing City Council activity.
The Homer Advisory Planning Commission is the appeal
board for any appeal of action or determination by the Planning Director. The City Manager or designee (Planning
Director) acts on enforcement of the zoning ordinance. The Homer Advisory Planning Commission will
hear any appeal. The appeal process will
be consistent with other sections of the zoning ordinance and follow the
process as outlined in Chapter 21.68, Homer City Code.
The Superior
Court of the State of
Any person or persons with interests in land that is
affected by an action or determination may appeal the decision. Appeals from an administrative action must be
filed within thirty fourteen days
to the City Clerk Manager. Appeals from a Planning Commission action
must be filed within thirty days of the action or determination being
appealed to the City the
distribution of the decision document.
Appeals to the Superior Court must be filed within thirty days. The application for appeal must contain:
1. The name and address of the appellant;
2. A description of the action or
determination from which the appeal is sought; and the date upon which
the action or determination became final.
3. The street address and legal
description of the property directly affected by the action or determination,
and the name and address of property owner(s);
4. Detailed and specific allegations of
error, including reference to applicable provisions of the zoning code or other
law;
5. A statement of whether the action or
determination should be reversed, modified, or remanded for further
proceedings, or any other desired relief.
6. Proof
showing that the appellant is an aggrieved person with standing to appeal under
section 21.68.020.
The appeal will be heard by the Board of Adjustment
within sixty days after the appeal record has been prepared. The agency hearing
the appeal may for good cause shown extend the time for hearing.
The Planning Director or City
Clerk shall mail copies of the notice of appeal to all parties of record in the
proceeding appealed from within seven days of the date of receipt of the notice
of appeal. Any party desiring to
participate in the appeal must file with the City Clerk a written notice of
appearance containing that party’s name and address, and the name and address
of the party’s representative, if any.
Any additional party filing a notice
of appearance may, within seven days after the date of filing of the initial
notice of appeal, file notice of cross appeal complying with subsection 21.68.040
Notice of appeal, b.
The Planning Director or City Clerk shall
promptly give notice of the cross appeal to the appellant and all other parties
who have filed a notice of appearance.
During the hearing, no new evidence may be
introduced. Minutes will be taken and
preserved for one year unless required for further appeals.
HOMER
ADVISORY PLANNING COMMISSION
POLICY FOR
VIOLATION ABATEMENT
If there is a violation of the terms of this chapter
or of any conditions, regulation or safeguard adopted in conjunction with any
conditional use, variance or other permit authorized under this chapter, the
Planning Director may institute action to abate the violation.
It is the policy of the City of Homer to exercise it’s
authority with appropriate discretion, to see that the regulations of HCC Title
21, containing Homer City Zoning Ordinances, and HCC Title 7, Vehicles and
Traffic, 7.12 Off-Street Parking are observed and that the Administration may
enforce the Zoning Ordinances, and Off-Street Parking whether
or not a complaint is filed.
Nothing in this chapter should be considered in lieu
of any applicable laws and procedures found in the Alaska State Statutes, the
Kenai Peninsula Borough Code of Ordinances, where applicable, or the Homer City
Code.
INITIATION
Upon discovery of a violation, the Planning and Zoning
official can use any remedy or method of enforcement available under the
Homer Zoning Ordinance or other provision of the Homer City Code or other law,
the Administrative Official or the Planning Director may order:
1. The discontinuation of a use of land or
a structure that is in violation of the Homer Zoning Ordinance, a regulation or
a permit.
2. The abatement or removal of a structure
or part of a structure that is in violation of the Homer zoning Ordinance, a
regulation or a permit.
3. The discontinuation of construction or
other activity preparatory to a structure or use of real property that is in
violation of the Homer Zoning Ordinance, a regulation or a permit.
4. The suspension or revocation of a
permit under which a violation of the Homer Zoning Ordinance or regulations is
occupied, maintained, constructed or established.
5. The restoration of any structure,
vegetation, land, water body or other thing upon the land that is destroyed,
damaged, altered or removed in violation of the Homer Zoning Ordinance,
regulations or a permit.
6. Any other action necessary to prevent,
abate or discontinue a violation of the Homer Zoning Ordinance, a regulation or
a permit.
An enforcement order issued may be directed to one or
more violators. A written enforcement
order that is served on a violator personally or by certified mail is
immediately appealable to the Planning Commission. An
appeal must be filed within 30 days of its service. Failure to appeal to the Planning Commission
within 30 days of service shall constitute a waiver of all rights of appeal
from the order. During such time that an
enforcement order is appealed, no further development contrary to the order
will continue.
The Homer Advisory Planning Commission will be
presented with all violations, interpretations, and abatement action at their
next regular meeting.
PENALTY
Notice of Violation will specify a period of time for
abatement. Each act of violation and
every day upon which the violation
shall continue after the expiration of any grace period specified in the notice constitutes a new and
separate offense.
Every violation of Chapters 21.28 through 21.70 shall
constitute a misdemeanor and punishable under the general penalty provision of the Homer City Code, Chapter
1.16.
PLANNING
COMMISSION REVIEW
Appeal
Administrative actions may be appealed to the Planning
Commission (see page 43, Appeals). Applications for appeal must be filed with
the City Manager Clerk within
thirty fourteen days of the Notice of Violation. The appeal must be in writing and must
include:
1. Name and address of applicant;
2. Description of action or
determination from which the appeal is sought;
3. The street address and legal
description of the property directly affected by the action or determination,
and the name and address of property owner(s);
4. Detailed and specific allegations of
error, including reference to applicable provisions of the zoning code or other
law;
5. A statement of whether the action or
determination should be reversed, modified, or remanded for further
proceedings, or any other desired relief.
A public hearing will be scheduled. All appeals must be heard within sixty days
after the appeal record has been prepared.
All appeals must be decided by the agency hearing the appeal within
sixty days after the appeal has been heard.
Review
Standards
In reviewing an appeal request, the Planning
Commission will consider:
1. Documentation of evidence
2. The record (Minutes)
3. Controlled sections of Chapter 21.28
through 21.70 Homer City Code.
4. The Commission may accept new
testimony and other evidence, including public testimony, and hear oral
arguments as necessary to develop a full record upon which to decide an appeal
from an act or determination of the Administrative Official or Planning
Director. Any person may file a written
brief or testimony in an appeal before the Commission.
Determination
The Commission may undertake deliberations immediately
upon the conclusion of the hearing on appeal or may take the matter under
advisement and meet at such other time as is convenient for deliberations until
a decision is rendered. Deliberations
need not be public and may be in consultation with the City Attorney. All
decisions will be in writing. The officially adopted minutes shall be made part
of the decision. A specific statement of findings and reasons supporting the
decision shall be made. Copies of the decision will be promptly mailed to the
persons participating in the appeal.
BOARD OF
ADJUSTMENT
Appeal
If an appeal from an action or determination of the
Planning Commission is to be filed, the appeal must be filed with the City
Clerk within thirty days of the distribution
of the decision document action or determination being
appealed (see page 43, Appeals). A notice of appeal shall be in writing and
shall contain, but is not limited to, the following information:
1. Name and address of the appellant.
2. A description of the action or
determination from which the appeal is sought.
3. The street address and legal
description of the property directly affected by the action or determination,
and the name and address of property owner(s);
4. Detailed and specific allegations of
error, including reference to applicable provisions of the zoning code or other
law;
5. A statement of whether the action or
determination should be reversed, modified, or remanded for further
proceedings, or any other desired relief.
The appeal will be heard by the Board of Adjustment
within sixty days after the appeal record has been prepared. The City Clerk will prepare the following:
1. All
relevant documents involved in the original
decision including staff reports, minutes,
appellant documents utilized in the original decision.
2. Any
additional briefs submitted, so long as there is no new evidence presented.
The members of the
Board of Adjustment will be notified immediately upon receipt of the
appeal.
The appellant, all parties who have entered an
appearance and affected property owners, within 300-feet of periphery of the
parcel, will be provided fifteen days notice of the appeal hearing date.
During the hearing, no new evidence may be
introduced. Any appeal alleging new
evidence will be remanded to the lower administration body.
Minutes will be taken and preserved for one year
unless required for further appeals.
Determination
All decisions will be in writing and shall refer to
evidence contained in the record and the controlling sections of the
ordinance. An official statement of
findings and reasons supporting the decision will be adopted. The Board of Adjustment may adopt, by vote,
those findings and reasons officially adopted by the Planning Commission. Copies of the decision will be promptly
mailed to the persons participating in the appeal.
Any person participating in who entered a notice of appearance in
the proceedings before the Board of Adjustment appeal hearing will have
thirty days to appeal to a higher authority.
Any decision not appealed within that period shall be final.
HOMER
ADVISORY PLANNING COMMISSION
POLICY FOR
REVIEW OF CONDITIONAL USE PERMITS
PURPOSE
The Homer Advisory Planning Commission may grant a
conditional use permit subject to the standards provided in the zoning
ordinance and in compliance with the Comprehensive Plan, for those uses or
structures specified under "Conditional Uses and Structures" of the
zoning ordinance for each zoning district.
The purpose of review of conditional use permits is to allow by permit a
use within a district under conditions which are specified in addition to
regulations applying to other uses permitted outright in the district. The review shall be to determine that the
characteristics of the use shall be compatible with the type of uses permitted
in surrounding areas and for the further purpose of establishing reasonable
conditions, pursuant to granting the conditional use permit.
QUALIFICATION
STATEMENT
Nothing in this chapter should be considered in lieu
of any applicable laws and procedures found in the Alaska State Statutes, the
Kenai Peninsula Borough Code of Ordinances, where applicable or the Homer City
Code.
INITIATION/APPLICATION
A request for a conditional use permit may be
initiated by the property owner or his/her authorized representative. The permit request must be on the appropriate
application form. The application form will be filed with the Planning Director
and must include:
1. The
name and address of the person seeking the permit,
2. A
legal description of the land,
3. A
description of the proposed use including a dimensional plot plan,
4. A
description of neighboring land use including any necessary maps and diagrams,
5. The appropriate fee, and
6. Any
additional information which the Planning Commission or Planning and Zoning
official may require to determine if all the conditions will be satisfied.
If the application is
determined to be complete, the City Manager shall schedule a public hearing and
notice of the proposal as specified in Chapter 21.69, within 45 days of the
determination.
PLANNING
COMMISSION REVIEW
Public
Hearing
A public hearing before the Homer Advisory Planning
Commission is required before a conditional use permit may be granted.
a. Notice
of the public hearing shall be published once in a paper of general circulation
within the City. The notice shall be
published the calendar week prior to the public hearing date.
b. The notice shall contain at least the
following information:
1. A brief description of the proposal on
which the public body is to act;
2. A legal or common description of the
property involved;
3.
Date, time and place of the public
hearing;
4. Person and place to contact for more
detailed information.
c. The rules of order of the body holding
the hearing shall prevail.
A copy of the public hearing notice will be mailed to
real property owners on record on the borough assessor's records within a
300-foot periphery of the parcel affected by the proposed action.
In reviewing a conditional use permit and prior to
granting a conditional use permit, the following conditions must be satisfied:
1. The use is consistent with the purpose of the zoning ordinance and
the zoning district.
The
purpose of the zoning ordinance is to enhance the public health, safety and
welfare by regulating the location of buildings according to use; by regulating
the dimensions of buildings, yards, and open spaces; by regulating population
density; conserving and stabilizing property values; and preventing undue
population concentrations and traffic congestion. The purpose of each of the zoning districts
is unique to that district.
2. The value of the adjoining property
will not be negatively impacted greater than that from other permitted uses in
the district.
Each
district has permitted uses and those conditionally permitted. Conditional uses cannot negatively affect the
value of adjoining property greater than that anticipated from the permitted
uses of the district.
3. The use is in harmony with the
comprehensive plan and surrounding land use.
A
conditional use permit may not be granted if the proposed use is not in harmony
with the Land Use Plan of the Homer Comprehensive Plan and the surrounding land
use.
4. Public services and facilities are
adequate to service the proposed use.
There
is adequate existing water and sewage capacity. Transportation facilities,
energy supply, police and fire protection are adequate to serve the
proposed use.
5. Consideration may be given to the
harmful effect upon desirable neighborhood character, to the generation of
traffic and the capacity of surrounding streets and roads and to the harmony in
scale, bulk, coverage and density of the proposed use/structure to surrounding
land use.
Issuance
of a conditional use permit may be subject to such conditions as the Commission may require. The Commission may impose any conditions
reasonably necessary to insure the public health, safety and welfare and to
meet planning goals as set forth in the Comprehensive Plan.
6. Any of the following specific
conditions may be included to fulfill the above-mentioned conditions:
- special
yards and space
- fences and
walls
- surfacing of parking areas
- street
dedications and improvements
- vehicular
ingress and egress
- sign provisions
- landscaping
and ground maintenance
- lighting,
noise, odor, vibration control
- time
limitations for certain activities
- time period
for development
- limit on
total duration of use
- amount
of lot covered by structures
- drainage requirements
- State
Fire Marshall Approval
- architectural review and approval
- fill &
excavation limits
- State building code compliance
- mitigation
of impacts on other properties
- viewscape
(visual resources)
- compliance
inspection
- antennas,
aerials, or satellite dishes
- parking
- A time period within which the
proposed use shall be developed.
7. Buildings shall comply with building
codes adopted by the State of
8. Building and site development shall
conform to the City of
Such
conditions will be part of the terms under which the conditional use permit is
granted and violations of such terms shall be deemed a violation of this ordinance. Failure to meet any time limitations imposed
by the Conditional Use permit shall void the permit. An extension may be granted following a
public hearing on the matter. Extensions
will be granted for good cause only.
The development of the conditional use project or
site, following issuance of the permit, will be in accordance with the
conditions of the permit, standards of the zoning regulations and/or the
approved site plan. Failure to observe
any conditions or standards will be deemed a violation.
Standards
for Townhouses. See HCC
21.61.070.
Standards
for Mobile Home Parks. See HCC
21.61.080.
Standards
for Recreational Vehicle Parks.
See HCC 21.61.090.
Standards
for Temporary Recreational Vehicle Parks.
See HCC 21.61.095.
Standards
for Churches. See HCC
21.61.100.
Requirements
for Large Retail & Wholesale Development more than 15,000 square feet in
Area. See HCC
21.61.105
Standards
for Traffic Impact Analysis.
See HCC 21.61.110.
Determination
The Commission shall, within forty-five days (45) of
the close of the public hearing, approve, disapprove or conditionally approve
the application for a conditional use permit.
In the event the Commission fails to act, the application is considered
approved, and a certificate of approval shall be issued upon demand. The applicant for a conditional use permit
may consent to the extension of the period for action by the Commission.
Approval to issue a conditional use permit will require
the concurring majority vote plus one (five yes votes) of the Commission. The
Commission must make general findings of fact sufficient to support its
decision. Upon determination, the
Commission Chairman will direct the staff to will document the decision and the basis for decision. The petitioner will be notified by mail by a
copy of the meeting minutes (those portions that apply to the petition) and the
decision documentation. The Commission
Chairman will alert the petitioner and other interested parties in attendance
that an appeal of the Commission's decision is possible and that the appeal
must be filed within thirty days of the distribution
of the decision document. Decisions
of the Commission are appealable to the Board of
Adjustment. (See page 43, Appeals).
BOARD OF
ADJUSTMENT
Appeal
If an appeal is to be filed, the appeal must be filed
with the City Clerk within thirty days following the meeting at which
the determination was made. The appeal
must be in writing and must contain:
1. The name and address of the
applicant;
2. Description of the determination
from which the appeal is sought;
3. The street address and legal
description of the property directly affected by the action or determination,
and the name and address of property owner(s);
4. Detailed and specific allegations of
error, including reference to applicable provisions of the zoning code or other
law;
5. A statement of whether the action or
determination should be reversed, modified, or remanded for further
proceedings, or any other desired relief.
The appeal will be heard by the Board of Adjustment
within sixty days after the appeal record has been prepared.
The Planning
Director or City Clerk shall mail copies of the notice of appeal to all parties
of record in the proceeding appealed from within seven days of the date of
receipt of the notice of appeal.
Any additional party filing a notice of appearance
may, within seven days after the date of filing of the initial notice of
appeal, file notice of cross appeal complying with subsection 21.68.040 Notice
of appeal, b.
The Planning
Director or City Clerk shall promptly give notice of the cross appeal to the
appellant and all other parties who have filed a notice of appearance.
During the hearing, no new evidence may be
introduced. Minutes will be taken and
preserved for one year unless required for further appeals.
Determination
All decisions will be in writing and shall refer to
evidence contained in the record and the controlling sections of the
ordinance. An official statement of
findings and reasons supporting the decision will be adopted. The Board of Adjustment may adopt, by vote,
the findings and reasons officially adopted by the Planning Commission. Copies of the decision will be promptly
mailed to the persons participating in the appeal.
Any person participating in the Board of Adjustment
appeal hearing will have thirty days to appeal to the Superior Court, any
decision not appealed within that period shall be final.
Step 1 Questions
and requests for conditional use permits will be directed to the Planning and
Zoning Department.
Any
property owner or authorized representative may initiate the process by
requesting a permit by the appropriate form.
The form must include:
1. Name and address of applicant;
2. Legal description of the property;
3. Description of the proposed use,
including a dimensional plot plan;
4. Description of neighboring land use;
5. Appropriate fee; and
6. Any additional information required to
determine if all the conditions will be satisfied.
The
appropriate fee must accompany the request.
All information must be supplied at the time of application and before
the public hearing will be scheduled.
Step 2 Staff
initiates a file upon receipt of the Conditional Use permit request.
Step 3 After
receiving an application and
determining that the application is complete, the Planning and Zoning
Department will schedule the matter before the Homer Advisory Planning
Commission within forty-five days of
the determination.
Step 4 A
public hearing is required. Notice of
the hearing must be published in a local newspaper one week prior to the
hearing. The notice will contain, at a
minimum, a brief description of the proposal, the date, time and place of the
hearing, a legal description of the property, and the person to contract
for further information. Additional
information could include a common description of the property and a
description of the proposed conditional use.
The deadline for written response to the notification will be 5:00 4:00p.m.
Step 5 At
the same time the hearing notice is sent to the newspaper, the public hearing
notice will be sent to real property owners on record on the Kenai Peninsula
Borough assessor's records adjacent to or within 300-feet of the area proposed
for the Conditional Use.
Step 6 Staff
will inform the Commission of the publication, number of parties of interest contacted, and
response from notification.
Step 7 Planning
and Zoning staff will research and report to the
Planning Commission the status of the following:
1. Purpose of the zoning ordinance and
zoning district and whether the use is consistent with the ordinance and
district.
2. Whether the proposed use will
negatively, impact-surrounding properties greater than other permitted uses in
the district.
3. Whether the proposed use is in harmony
with the Comprehensive Plan and
surrounding land use.
4. If there are existing sewage, water,
transportation and energy facilities to service the proposed use.
5. The
proposed use is consistent with the character of the neighborhood in relation
to scale, bulk, coverage, density, traffic generation, road capacity.
6. Any
specific conditions to minimize the impact of the development in relation to
the five general conditions specified above.
Conditions may include, but are not limited to:
-
special yards and spaces
-
fences and walls
-
surfacing of parking areas
-
street dedications and improvements
-
vehicular ingress and egress
-
sign provisions
-
landscaping and ground maintenance
-
lighting, noise, odor, vibration control
-
time limitations for certain activities
-
time period for development
-
limit on total duration of use
-
amount of lot covered by structures
-
drainage requirements
-
State Fire Marshall Approval
-
architectural review and approval
-
fill & excavation limits
-
State building code compliance
-
mitigation of impacts on other properties
-
viewscape (visual resources)
-
compliance inspection
-
antennas, aerials, or satellite dishes
-
parking
7. Buildings shall comply with building
codes adopted by the State of
8. Building and site development shall
conform to the City of
9. Analysis and recommendation.
Step 8 Upon
determination by the Planning Commission, the staff will document the decision and basis for decision.
Step 9 The
decision and pertinent meeting minutes will be sent to the petitioner when
minutes are in final draft and a copy filed in the case file.
An
appeal from decision of the Planning Commission regarding an application for a
Conditional Use will be brought before the Board of Adjustment in
accordance with Section 21.68. The City
Clerk will process all appeals.
HOMER
ADVISORY PLANNING COMMISSION
POLICY FOR
REVIEW OF ZONING VARIANCES
PURPOSE
The Homer Advisory Planning Commission may grant a
variance to provide relief when a literal enforcement of the regulations and
standards of the zoning ordinance, Chapter 21, would deprive a property owner
of the reasonable use of his real property.
The purpose of review is to ascertain that those
conditions specified as necessary to granting a variance shall be satisfied;
that the variance will be the minimum necessary to permit the reasonable use of
land or structure, and that the variance will not be granted which will permit
a land use in a district in which that use is otherwise prohibited.
QUALIFICATION
STATEMENT
Nothing in this chapter should be considered in lieu
of any applicable laws and procedures found in the Alaska State Statutes, the Kenai Peninsula Borough Code of
Ordinances, where applicable, or the Homer City Code.
INITIATION/APPLICATION
A request for a variance may be initiated by the property owner or his/her authorized
representative. The request must be on
the appropriate application form. The
application form will be filed with the Planning and Zoning Director and must
include:
1. The
name and address of the person seeking the variance;
2. A
legal description of the land;
3. A
description of the proposed use including a dimensional plot plan;
4. A
description of neighboring land use including any necessary maps and diagrams;
5. The
appropriate fee;
6. A
precise description of the variance requested, including the section, paragraph
and sentence of the zoning ordinance and the relief sought;
7. A
written item by item response to all of the conditions specified as satisfied
prior to granting a variance; and
8. Any
additional information the Planning Commission or Planning and Zoning staff may
require to determine if all the conditions will be satisfied.
The variance request will be scheduled for the next
Planning Commission meeting provided the application is received by the third
Wednesday preceding the meeting.
Public
Hearing
A public hearing before the Homer Advisory Planning
Commission is required before a variance may be granted.
a. Notice
of the public hearing shall be published once in a paper of general circulation
within the City. The notice shall be
published one week prior to the public hearing date.
b. The notice shall contain at least the
following information:
1. A brief description of the proposal on
which the public body is to act;
2. A legal or common description of the
property involved;
3.
Date, time and place of the public
hearing;
4. Person and place to contact for more
detailed information.
c. The rules of order of the body holding
the hearing shall prevail.
A copy of the public hearing notice will be mailed to
real property owners on record on the Kenai Peninsula Borough
assessor's records within a 300-foot periphery of the parcel affected by the
proposed action.
Review
Standards
In reviewing a variance request and prior to granting
a variance, the following conditions must be satisfied:
1. A
strict interpretation of the provisions of the zoning ordinance would deprive
the applicant of rights commonly enjoyed by other properties in the district;
2. Special
conditions and circumstances exist which are peculiar to the land or structures and which are not
applicable to other lands and structures in the district;
3. The special
conditions and circumstances have not been caused by actions of the applicant.
In addition, the
following conditions will apply;
1. Pecuniary hardship is not sufficient reason;
2. Other nonconforming land use or
structures within the district is not considered grounds;
3. The variance is the minimum necessary
to permit reasonable use of the land
or structure;
4. The variance cannot be granted to
permit a land use in a district in which that use is otherwise prohibited.
Determination
Approval to issue a variance will require the
concurring majority vote plus one (five
yes votes) of the Commission. The
Commission must make general findings of fact sufficient to support its
decision. Upon determination, the
Commission Chairman will direct the staff to will document the decision and the basis for decision. The petitioner will be notified by mail with
a copy of the meeting minutes (those portions that apply to the petition) and
the decision documentation. Commission
Chairman will alert the petitioner and other interested parties in attendance that an appeal of the
Commission's decision is possible and that the appeal must be filed within
thirty days of the distribution
of the decision document. (See
page 43, Appeals.)
Appeal
If an appeal is to be filed, the appeal must be filed
with the City Clerk within thirty days following the meeting at which
the determination was made. The appeal
must be in writing and must contain:
1. The
name and address of the applicant;
2. Description
of the determination from which the appeal is sought;
3. The
street address and legal description of the property directly affected by the
action or determination, and the name and address of property owner(s);
4. Detailed
and specific allegations of error, including reference to applicable provisions
of the zoning code or other law;
5. A
statement of whether the action or determination should be reversed, modified,
or remanded for further proceedings, or any other desired relief.
The appeal will be heard by the Board of Adjustment
within sixty days after the
appeal record has been prepared.
The Planning
Director or City Clerk shall mail copies of the notice of appeal to all parties
of record in the proceeding appealed from within seven days of the date of
receipt of the notice of appeal.
Any additional party filing a notice of appearance
may, within seven days after the date of filing of the initial notice of
appeal, file notice of cross appeal complying with subsection 21.68.040 Notice
of appeal, b.
The Planning Director or City Clerk shall promptly
give notice of the cross appeal to the appellant and all other parties who have
filed a notice of appearance.
During the hearing, no new evidence may be
introduced. Minutes will be taken and
preserved for one year unless required for further appeals.
Determination
All decisions will be in writing and shall refer to
evidence contained in the record and the controlling sections of the
ordinance. An official statement of
findings and reasons supporting the decision will be adopted. The Board of Adjustment may adopt, by vote,
those findings and reasons officially adopted by the Planning Commission. Copies of the decision will be promptly
mailed to the persons participating in the
appeal.
Any person participating in the Board of Adjustment
appeal hearing will have thirty days to appeal to Superior Court. Any decision not appealed within that period
shall be final.
Step 1 Questions
and requests for variances and applications will be directed to the Department
of Planning and Zoning.
Any
property owner or authorized representative may initiate the process by
requesting a variance by the appropriate form.
The form must include:
1. Name and address of applicant;
2. Legal description of the property;
3. Description of the proposed use,
including a dimensional plot plan;
4. Precise description of variance
requested, including the section, paragraph and sentence of the zoning
ordinance and the relief sought;
5. Written item-by-item response to the
conditions as satisfied precedent to granting a variance; and
6. Any additional information required to
determine if all the conditions will be satisfied.
The
appropriate fee must accompany the request.
All information must be supplied at the time of application and before
the public hearing will be scheduled.
Deadline
for submitting a variance application is three weeks prior to the Planning
Commission meeting.
If the application is determined to be
complete, the City Manager or his designee shall schedule a public hearing and
notice of the proposal as specified in Chapter 21.69, within 45 days of the
determination.
Step 2 The
staff initiates a file upon receipt of the variance request.
Step 3 After
receiving an application, the Planning and Zoning Department staff will
schedule the matter before the Homer Advisory Planning Commission.
Step 4 A
public hearing is required.
a. Notice of the
public hearing shall be published once in a paper of general circulation within
the City. The notice shall be published
one week prior to the public hearing date.
b. The notice shall contain at least the
following information:
1. A brief description of the proposal on
which the public body is to act;
2. A legal or common description of the
property involved;
3.
Date, time and place of the public
hearing;
4. Person and place to contact for more
detailed information.
c. The rules of order of the body holding
the hearing shall prevail.
d. Additional
information could include a common description of the property and a
description of the proposed variance.
Written responses must be received by the Planning Department prior to
Step 5 At
the same time the hearing notice is sent to the newspaper, the public hearing
notice will be sent to real property owners on record on the borough assessor's
records adjacent to or within 300 feet of the area proposed for the variance.
Step 6 Staff
will inform the Commission of the publication, number of parties of interest contacted, and
response from notification.
Step 7 Planning
and Zoning staff will research and report to the
Planning Commission the status of the following:
1. A
strict interpretation of the provisions of the zoning ordinance would deprive
the applicant of rights commonly enjoyed by other properties in the district;
2. Special
conditions and circumstances exist which are peculiar to the land or
structures, and which are not applicable to other lands and structures in the
district, and that these special conditions do not result from actions of the
applicant;
3. Pecuniary
hardship is not sufficient reason;
4. Other
nonconforming land use or structures within the district is not considered
grounds;
5. The
variance is the minimum necessary to permit reasonable use of the land or
structure; and
6. The
variance cannot be granted to permit a land use in a district in which that use
is otherwise prohibited.
Step 8 Upon
determination by the Planning Commission, the staff will document the decision
and basis for decision.
Step 9 The
decision and pertinent meeting minutes will be sent to the petitioner when
minutes are in final draft and a copy filed in the case file.
An appeal from a decision of the Planning Commission
regarding an application for a variance will be brought before the Board of
Adjustment in accordance with Section 21.68. The City Clerk will process all
appeals.
HOMER
ADVISORY PLANNING COMMISSION
POLICY FOR
REVIEW OF NONCONFORMITY
The Homer Advisory Planning Commission shall review
and determine the nonconformity of certain lots, structures and uses. The purposes of review is to establish the
commencement date of use, establish the effective date of applicable
regulations, formally accept the nonconformity and/or establish a reasonable
schedule for termination of a nonconforming lot/structure/use which
significantly impairs the public health, safety and general welfare.
Nothing in this chapter should be considered in lieu
of any applicable laws and procedures found in the Alaska State Statutes, the
Kenai Peninsula Borough Code of Ordinances, where applicable, or the Homer City
Code.
Any person can initiate the review of nonconforming lots/structures/uses. The request will be submitted to the Planning
and Zoning Department. The letter should
include:
1. The name and address of the person
seeking the determination;
2. A legal description of the land in
question;
3. A brief history of the situation; and
4. Proof
of continuing nonconforming use of the property or structure.
5. Any additional information, which the Planning Commission or
Planning and Zoning staff may require.
The request will be scheduled for the next Planning
Commission meeting according to the Planning Commission Meeting schedule and
due dates.
If the determination must be made as the result of a
zoning violation appeal, the determination will be scheduled for the next
Planning Commission meeting. (See Appeal procedure under Zoning Violations.)
Public
Hearing
No public hearing is required on a determination
unless the determination is the result of a zoning violation appeal. (See
Appeal procedure under Zoning Violations.)
Review
Standards
Prior to determining the nonconformity of a
lot/use/structure, the Planning Commission will determine:
1. The commencement date of use;
2. The effective date of applicable
regulations.
Within the zoning district established by the zoning
ordinance (and in the previous zoning districts established by previous zoning
ordinances), there may exist lots, uses, or structures which were legal before
the effective date of the controlling regulation, but which are now prohibited
under the terms of the existing ordinance.
These lots/uses/structures are considered nonconformities and may be
continued, but may not be expanded beyond the lot boundaries. When any lot, structure, use, or occupancy legally exists prior to
Nonconforming uses are considered to be incompatible
with permitted uses in the districts involved. Nonconformity’s are permitted to continue but
shall not be encouraged to expand. Nonconformity’s will not be allowed to
extend beyond the legal lot limits and will not be considered as grounds for adding other structures or uses
prohibited elsewhere in the same district.
To avoid undue hardships, actual construction or
construction plans lawfully begun prior to the effective date of the zoning
ordinance (September 28, 1982) will be allowed to continue provided the work
will be carried on diligently. Actual
construction is defined as the placement of materials in a permanent position
and fastened to produce a product.
Construction plans are defined as securing a Zoning permit. Zoning
permits may be renewed for one year.
It shall be the responsibility of the owner to show
proof of continuing nonconformity of any property, use or structure.
Nonconforming
Lots of Record
When any lot legally exists prior to
Legally existing
lots are those lots:
1. Of record on
2. Of record on
No lot of less than 6,000 square feet may be used
except in compliance with all provisions of the zoning ordinance.
A reasonable schedule for the termination of a
nonconforming lot which significantly impairs the public health, safety and general
welfare will be established by amendment to the zoning ordinance. (See Zoning
Amendment procedure.)
Nonconforming
Uses of Land/Structures
When a lawful structure exists prior to
Legally existing structures are those that:
1. Exist prior to effective date of
Ordinance 4-300-2 (Interim Zoning Ordinance) dated
2. Exist prior to effective date of
Ordinance No. 33 (Kenai
Peninsula Borough) dated
3. Exist prior to effective date of'
Ordinance 78-13 (Kenai Peninsula Borough) dated May 16, 1978 and are in
compliance with Kenai Peninsula Borough Ordinance No. 33 and Homer Ordinance
4-300-2.
4. Exist prior to effective date of
Ordinance 82-15 (Homer Zoning Ordinance) dated
Once a structure made nonconforming by this title is
abandoned or brought into conformity with this title, the structure shall
thereafter conform to the regulations of the zone in which it is located, and
the nonconformity shall not be allowed to continue.
The lawful use may continue so long as it remains lawful. It may expand but only on the legal lot as
It shall be the responsibility of the property owner
to demonstrate proof of nonconformity to the Homer Advisory Planning
Commission.
A reasonable schedule for the termination of a
nonconforming land/structure which specifically impairs the public health,
safety and general welfare will be established by amendment to the zoning
ordinance. (See Zoning Amendment procedure.)
Determination
Upon presentation of such proof that establishes the
continuing nonconformity of any lot/use/structure, the Homer Advisory Planning
Commission shall formally accept the nonconformity, as a valid
use/lot/structure on the legal lot until such time as the use ceases. Upon determination by the Planning Commission,
the Commission Chairman will direct the staff to will document the decision and
basis for decision. The petitioner will
be notified by mail by a copy of the meeting minutes (those portions that
relate to the matter) and the decision documentation. The Commission Chairman will alert the
petitioner and other interested parties that an appeal of the Commission's
decision is possible and the appeal must be filed within thirty days of the distribution of the decision document. (See
page 43, Appeals.)
BOARD OF
ADJUSTMENT
Appeal
If an appeal is to be filed, the appeal must be filed
with the City Clerk within thirty days following the meeting at which
the determination was made.
The appeal must be in writing and must contain:
1. The name and address of the
applicant;
2. Description of the determination
from which the appeal is sought;
3. The street address and legal description
of the property directly affected by the action or determination, and the name
and address of property owner(s);
4. Detailed and specific allegations of
error, including reference to applicable provisions of the zoning code or other
law; and
5. A statement of whether the action or
determination should be reversed, modified, or remanded for further
proceedings, or any other desired relief.
The appeal will be heard by the Board of Adjustment
within sixty days after the appeal record has been prepared.
The Planning
Director or City Clerk shall mail copies of the notice of appeal to all parties
of record in the proceeding appealed from within seven days of the date of
receipt of the notice of appeal.
Any additional party filing a notice of appearance
may, within seven days after the date of filing of the initial notice of
appeal, file notice of cross appeal complying with subsection 21.68.040 Notice
of appeal, b.
The Planning Director or City Clerk shall promptly
give notice of the cross appeal to the appellant and all other parties who have
filed a notice of appearance.
During the hearing,
no new evidence may be introduced.
Minutes will be taken and preserved for one year unless required for further
appeals.
Determination
All decisions will be in writing and shall refer to
evidence contained in the record and the controlling sections of the
ordinance. An official statement of
findings and reasons supporting the decision will be adopted. The Board of Adjustment may adopt, by vote,
those findings and reasons officially adopted by the Planning Commission. Copies of the decision will be promptly
mailed to the persons participating in the
appeal.
Any person participating in the Board of Adjustment
appeal hearing will have thirty days to appeal to higher authority. Any decision not appealed within that period
shall be final.
Step 1 Questions
on nonconforming lots/uses/structures will be directed to the Planning and
Zoning Department.
If the petitioner requests a review by the Planning
Commission, a letter directed to the
Planning Commission must include:
1. Name and address of the person seeking
the determination;
2. A legal description of the land in
question;
3. A brief history of the circumstances;
and
4. Any additional information, which the
Planning Commission or Planning and Zoning staff may require.
It is the
responsibility of the property owner to demonstrate proof of continuing
nonconformity. If the review is the result
of a zoning violation notification, the petitioner has fifteen days to appeal
the decision by indicating to Planning and Zoning staff an intention to pursue
the review.
Step 2 Letters must be received two weeks prior
to the Commission meeting in order to be included on the agenda, unless the
review is the result of a zoning violation notification. (See Zoning
Violations)
Step 3 A
memorandum from the Planning Director finding the
following is necessary:
1. The commencement date of use and supporting
documentation;
2. The effective date of applicable
regulations; and
3. Recommendation to abate the
nonconformity with a reasonable time schedule or acceptance of the
nonconformity.
Step 4 Upon
determination by the Planning Commission, the Commission Chairman will direct
staff to document the decision and basis for decision.
Step 5 A
copy of the decision and the appropriate section of the minutes from the
meeting will be sent to the petitioner and a copy filed in the case file.
An appeal from a decision of the Planning Commission
will be brought before the Homer City Council in accordance with Section 21.68.
The appeal must be filed within thirty days of the decision distribution of the decision document. The City Clerk will process all appeals. (See
page 43, Appeals).
HOMER
ADVISORY PLANNING COMMISSION
POLICY FOR
ZONING ORDINANCE AMENDMENT
PURPOSE
The Homer Advisory Planning Commission will review all
proposals to amend the zoning ordinance
or zoning map and make recommendations to the City Council. Neither the Planning Commission nor City
Council may consider a zoning map amendment that establishes a new zone within
an area of less than one acre, excluding streets and rights-of-way, except for
the extension of existing district boundaries.
Neither the Planning Commission nor City Council may consider a zoning
ordinance request which is substantially the same as any other amendment
submitted within the previous nine months and which was rejected.
QUALIFICATION
STATEMENT
Nothing in this document should be considered in lieu
of any applicable laws and procedures found in the Alaska State Statutes, the
Kenai Peninsula Borough Code of Ordinances, where applicable or the Homer City
Code.
INITIATION/APPLICATION
Amendments to the zoning ordinance may be initiated by
the City Council, Homer Advisory Planning Commission, or any persons, subject
to the following:
a. For a
zoning ordinance amendment, a
petition bearing the signatures of 50 voters registered in the city limits;
b. For a zoning map amendment, a request from the majority of the property owners
in the area concerned.
The amendment request will be filed with the Planning
Director and must include:
1. The name and address of the
applicant(s);
2. A map showing the area involved (include
legal description for clarification);
3. The present zoning and proposed zoning;
4. The appropriate fee; and
5. Any other pertinent information, which
the Planning Commission or Planning and Zoning staff may require.
The amendment request will be scheduled for the next Planning Commission meeting
according to the Planning Commission Meeting schedule and due dates.
PLANNING
COMMISSION REVIEW
Public
Hearing
A public hearing before the Homer Advisory Planning
Commission is required:
a. Notice
of the public hearing shall be published once in a paper of general circulation
within the City. The notice shall be
published one week prior to the public hearing date.
b. The notice shall contain at least the
following information:
1. A brief description of the proposal on
which the public body is to act;
2. A legal or common description of the
property involved;
3.
Date, time and place of the public
hearing;
4. Person and place to contact for more
detailed information.
c. The rules of order of the body holding
the hearing shall prevail.
A copy of the public hearing notice will be mailed to
real property owners on record on the borough assessor's records within a
300-foot periphery of the parcel affected by the proposed action. In the case of a zoning ordinance amendment
or major district boundary change, no notification of neighboring property will
be required, but notices will be posted in at least three public places.
Review
Standards
The Planning Commission will generally review the
zoning amendment to determine:
1. The public need and justification for the proposed change;
2. The effect on the public health, safety
and welfare;
3. The effect of the change on the
district and surrounding property; and
4. The relationship to the Comprehensive
Plan and purposes of the zoning regulations.
Determination
The Commission will make general findings and send its
written recommendations to the City Council along with certified copies of the
minutes and public records relating to the proposed amendment. Such recommendations of the Planning
Commission shall be advisory only and shall not be binding on the City Council.
CITY COUNCIL
REVIEW
When a zoning amendment ordinance has been forwarded
to the City Council, the City Council will act in accordance with ordinance
enactment procedures as provided in Chapter 1.08 of the Homer City Code.
Introduction of the ordinance will be considered first reading. An affirmative majority vote of the Council
is needed to schedule a public Hearing.
City Council
Public Hearing
A public hearing before the City Council is
required.
a. Notice of the public hearing shall be
once in a paper of general circulation within the City. The notice shall be published one week prior
to the public hearing date
b. The notice shall contain at least the
following information:
1. A brief description of the proposal on
which the public body is to act;
2. A legal or common description of the
property involved;
3.
Date, time and place of the public
hearing;
4. Person and place to contact for more
detailed information.
c. The rules of order of the body holding
the hearing shall prevail.
At the public hearing, the City Council will hear all
interested parties wishing to be heard.
After the hearing, the City Council will consider the amendment on
second reading, and may or may not adopt it, with or without amendments. Second reading may occur at the same meeting
of the hearing, however, it must occur no later than
the next regular Council meeting.
Ordinances take effect at
Appeal
An appeal from an action or determination of the Homer
City Council is heard by the Superior Court.
Step 1 Questions
and requests for amendments to the zoning ordinance will be directed to the
Planning and Zoning Department.
Amendments
may be initiated by:
1.
2. Homer Advisory Planning Commission;
3. Majority of property owners in the area of a zoning map amendment; or
4. Petition signed by 50 voters registered
in the city for an ordinance text change.
The
amendment request must include:
1. Name and address of the applicant(s);
2. Map showing the area involved (include
legal description for
clarification);
3. Present zoning and proposed zoning;
4. Appropriate fee; and
5. Any additional information required by
the Planning Commission or Planning Director.
The
appropriate fee for rezoning must accompany the request.
Amendment
requests will be submitted to the City Manager who will forward the request
to the Planning Director. All
information must be supplied at the time of application and before the public
hearing will be scheduled.
Deadline for application is according to the
Planning Commission Meeting schedule and due dates. The City Clerk will verify
the registered voters in a petition request.
Step 2 Staff
initiates a file upon receipt of the zoning amendment request.
Step
3 After receiving the
application and reviewing for completeness, the Planning and Zoning
Department will schedule the matter before the Homer Advisory Planning
Commission.
Step
4 A public hearing is
required.
a. Notice
of the public hearing shall be published once in a paper of general circulation
within the City. The notice shall be
published one week prior to the public hearing date.
b. The notice shall contain at least the
following information:
1. A brief description of the proposal on
which the public body is to act;
2. A legal or common description of the
property involved;
3.
Date, time and place of the public
hearing;
4. Person and place to contact for more
detailed information.
c. The rules of order of the body holding
the hearing shall prevail.
The deadline for written response to the notification will be
Step 5 At
the same time the hearing notice is sent
to the newspaper, the public hearing notice will be sent to real property
owners on record on the borough assessor's records adjacent to or within
300-feet of the area proposed for zoning change. In the case of a zoning ordinance amendment
or major district boundary change, no notification of neighboring property
owners is required, but notices must be posted in at least three places.
Step 6 A
public hearing informational memorandum will be
prepared informing the Commission of the publication, number of parties of
interest contacted, and response from notification.
Step 7 Planning
and Zoning staff will prepare a memorandum detailing
the facts and reviewing the request.
Step 8 After
the public hearing and recommendation of the Planning Commission, the Planning
and Zoning staff will forward the minutes to the Council.
Step 9 The
City Clerk follows the procedural steps as outlined in Chapter 1.08 of the Homer City Code. The proposed ordinance is scheduled before
the City Council.
Step 10 Introduction
of the ordinance will be considered first reading. A majority vote of the Council is needed to
set the public hearing.
Step 11 Summary
of the ordinance and the proposed amendment must be published, with a notice of
time and date of the hearing, at least five days prior to the hearing.
Step 12 Copies
of the ordinance and proposed amendments must be posted in three places and
filed in the Clerk's Office.
Step 13 After
the public hearing, the Council will consider the ordinance on second reading
and adopt it with or without amendments.
Second reading may occur at the same meeting of the public hearing;
however, it must occur no later than the first regular Council meeting
following the public hearing.
Step 14 If
an appeal from the Board of Adjustment is sought, the Superior Court hears the
Appeal.
Step 15 Appeals
must be filed within thirty days of the action or determination being appealed
to a higher agency or court.
Step 16 Amendments
that are substantially the same as other proposed amendments that were defeated
within the previous nine months will not be considered.
HOMER
ADVISORY PLANNING COMMISSION
POLICY FOR
REVIEW OF APPEALS
PURPOSE
The purpose of review of appeals before the Homer
Advisory Planning Commission is to ascertain that errors of fact or
interpretation have not been made pertaining to zoning matters. The purpose of review of appeals before the
Board of Adjustment is to ascertain that errors of decision have not been made
pertaining to zoning matters.
QUALIFICATION
STATEMENT
Nothing in this chapter should be considered in lieu
of any applicable laws and procedures found in the Alaska State Statutes, the
Kenai Peninsula Borough Code of Ordinances, where applicable, or the Homer City
Code.
INITIATION/APPLICATION
Any person or persons with interest in land that is affected The
applicant, property owner, administrative official, or any person aggrieved
by an action or determination of a zoning matter may appeal said action or
determination. The appeal from an
administrative action must be filed with the City Manager; the appeal from a
Planning Commission action or determination must be filed with the City Clerk. Appeals
are filed with the City Clerk; an appeal to the Planning Commission must be
filed within 14 days of the date of the distribution of the decision document.
The appeal An appeal to the
Board of Adjustment must be filed within thirty days of the distribution of the decision document
action or determination,. unless the
appeal is to the Superior Court, appeals An appeal to the Superior Court must be filed within thirty
days of the distribution of the
decision document date that the decision appealed from is mailed or
otherwise distributed to the parties appearing before the Board of
Adjustment. Any decision not appealed
within that period shall become final. A notice of appeal shall be in writing
and shall contain, but is not limited to, the following information:
1. Name and address of the appellant;
2. Description of the action or
determination from which the appeal is sought;
3. The street address and legal description of the property
directly affected by the action or determination, and the name and address of
property owner(s);
4. Detailed and specific allegations of
error, including reference to applicable provisions of the zoning code or other
law.
5. A statement of whether the action or
determination should be reversed, modified, or remanded for further
proceedings, or any other desired relief.
6. Proof showing the
appellant is an aggrieved person with standing to appeal per HCC 21.68.030.
The City Manager or City Clerk shall reject any notice
of appeal that does not comply with this subsection and notify the appellant of
the reasons for rejection. If a notice
of appeal is rejected for reasons other than timeliness, a corrected notice of
appeal that complies with this subsection will be accepted as timely if filed
within seven days of the date of mailing the notice of rejection.
PLANNING
COMMISSION REVIEW
Public
Hearing
A public hearing before the Homer Advisory Planning
Commission is required.
a. Notice
of the public hearing shall be published once in a paper of general circulation
within the City. The notice shall be
published one week prior to the public hearing date
b. The notice shall contain at least the
following information:
1. A brief description of the proposal on
which the public body is to act;
2. A legal or common description of the
property involved;
3.
Date, time and place of the public
hearing;
4. Person and place to contact for more
detailed information.
c. The rules of order of the body holding
the hearing shall prevail.
A copy of the public hearing notice will be mailed to
real property owners on record of the borough assessor's records within a
300-foot periphery of the parcel affected by the proposed action.
The appellant and all parties who have entered an
appearance shall be provided not less than fifteen days written notice of the
appeal hearing.
Review
Standards
In reviewing an appeal request, the Planning
Commission will consider:
1. Documentation
of evidence;
2. Record;
and
3. Controlling
sections of Chapter 21.28 through 21.70 Homer City Code.
Determination
All decisions will be in writing. The officially adopted minutes shall be made
part of the decision. A specific
statement of findings and reasons supporting the decision shall be made. Copies of the decision will be promptly
mailed to the persons participating in the appeal.
Appeal
An appeal from an action or determination of the
Planning Commission is to be filed
with the city clerk within thirty days of the distribution of the decision
document. the
appeal must be filed within thirty days with the City Clerk
following the meeting at which the action or determination was made. The appeal must be in writing, and must include:
1. Name and address of the appellant;
2. Description of the action or
determination from which the appeal is sought;
3. Reason
for the appeal, which includes a description of detailed and specific
allegations of error; and
4. Additional written brief in support of
or denying allegations of error (optional).
1. Name
and address of the appellant;
2. Description of the action or determination from which the
appeal is sought;
3. The street address and
legal description of the property directly affected by the action or
determination, and the name and address of property owner(s);
4. Detailed and specific allegations of error, including
reference to applicable provisions of the zoning code or other law.
5. A statement of whether the action or determination should
be reversed, modified, or remanded for further proceedings, or any other
desired relief.
6. Proof showing the
appellant is an aggrieved person with standing to appeal per HCC 21.68.030.
The appeal will be heard by the Board of Adjustment
within sixty days after the appeal record has been prepared. The City Clerk will prepare the following:
1. All relevant documents involved in the
original decision including staff reports, minutes, appellant documents
utilized in the original decision; and
2. Any additional briefs submitted, so
long as there is no new evidence
presented.
The members of the Board of Adjustment will be
notified immediately upon receipt of the appeal.
The appellant and affected property owners (within
300-feet of periphery of the parcel) will be provided fifteen days notice of
the appeal hearing date.
During the hearing, no new evidence may be
introduced. Any appeal alleging new
evidence will be remanded to the lower administrative body.
Minutes will be taken and preserved for one year
unless required for further appeals.
Determination
All decisions will be in writing and shall refer to
evidence contained in the record and the controlling sections of the
ordinance. An official statement of
findings and reasons supporting the decision will be adopted. The Board of Adjustment may adopt, by vote,
those findings and reasons officially adopted by the Planning Commission. Copies of the decision will be promptly
mailed to the persons participating in the appeal.
Any person participating in the Board of Adjustment
appeal hearing will have thirty days to appeal to a higher authority. Any decision not appealed within that period
shall be final.
Step 1 Questions
and information concerning appeals from an administrative action or
determination will be directed to the Planning and Zoning
Department. Questions and information concerning appeals from a Planning
Commission action or determination will be directed to the City Clerk.
Step 2 Any
person or persons with interest in land that may be affected by an action or
determination of a zoning matter may appeal said action or determination. Appeals must include:
1. Name and address of applicant;
2. Description of action or determination
being appealed; and
3. Reasons for appeal to include specific
allegations of error.
Appeals
must be in writing and filed with the respective agency within fifteen days of
the action or determination being appealed.
Appeals to the Superior Court must be filed within thirty days.
All
information must be supplied before the application deadline. The appeal hearing before the Planning
Commission will be scheduled for the next meeting provided the appeal
application is received by the third Friday preceding the meeting.
Step 3 After
receiving an application the Planning and Zoning Department will schedule the matter before the Homer Advisory
Planning Commission.
Step 4 A
public hearing is required.
a. Notice
of the public hearing shall be published once in a paper of general circulation
within the City. The notice shall be
published one week prior to the public hearing date
b. The notice shall contain at least the
following information:
1. A brief description of the proposal on
which the public body is to act;
2. A legal or common description of the
property involved;
3.
Date, time and place of the public
hearing;
4. Person and place to contact for more
detailed information.
c. The rules of order of the body holding
the hearing shall prevail.
d. The deadline for written response to the notification will
be
Step 5 At
the same time the hearing notice is sent
to the newspaper, the public hearing notice will be sent to real property
owners of record on the borough assessor's records adjacent to or within
300-feet of the parcel affected by the action.
Step 6 The
appellant and all parties participating in the decision will be provided with fifteen days notice of the appeal hearing.
Step 7 A
public hearing informational memorandum will be
prepared informing the Commission of the publication, number of parties of
interest contacted and response from notification.
Step 8 Planning
and Zoning staff will prepare a memorandum detailing, the following:
1. The record (i.e., minutes,
applications, complaints, etc.);
2. The controlling section of Chapter 1.28
to 21.70, Homer City Code;
3. The documentation of evidence; and
4. The recommendation.
Step 9 Upon
determination by the Planning Commission, the staff will document the decision
and basis for decision. The officially
adopted minutes shall be part of the decision.
Step 10 The
decision and minutes will be sent to the petitioner promptly following the
action.
An appeal from a decision of the
Planning Commission will be directed to the City Clerk. The appeal must be filed within thirty days
of the distribution of the decision
document meeting in which the action or determination was made. The City Clerk will process all Planning
Commission appeals.
HOMER
ADVISORY PLANNING COMMISSION
POLICY FOR
ACCEPTANCE OF
PRELIMINARY
PLATS
PURPOSE
The purpose of the preliminary plat process is to
allow an exchange of information between the subdivider,
the Planning and Zoning Department, and the Planning Commission before the
final plat is submitted. Proper
utilization of the preliminary process should result in approval for the
majority of the plats.
The purpose of this policy statement is to clarify the
position of the Homer Advisory Planning Commission with regard to their
acceptance or denial of preliminary plats within the
QUALIFICATION
STATEMENT
Nothing in this document should be considered in lieu
of any applicable laws and procedures found in the Alaska State Statues, the
Kenai Peninsula Borough Code of Ordinances, where applicable, or the Homer City
Code.
PROCEDURES
A. General.
The Kenai Peninsula Borough holds platting powers for the entire
borough, both inside and outside the city limits. The Homer Advisory Planning Commission acts
as an advisory to the Borough Planning Commission on plat matters inside city
limits and within the Bridge Creek Watershed Protection District.
20.12.050
Subdivision in first class or home rule city -- Transmittal of prints
required. Upon filing of a plat
subdividing land within a first class or home rule city, the surveyor
will submit four copies and a 11” x 17” reduced copy
of the preliminary plat to the Planning Director. The City Advisory Planning Commission
shall review the plat and take action within forty-nine days of the date of receipt unless the
applicant agrees to an extension.
Recommendations of the Homer Advisory Planning Commission based upon
lawful ordinances shall be incorporated in the final plat. The final plat will only be submitted to said city for review when the design deviates from the
preliminary in a manner, which has not been recommended by the city. In such instances, the Homer Advisory
Planning Commission shall have forty-nine days from the date of receipt in
which to review the final plat and take action (Kenai Peninsula Borough, 5/82).
Plats
are acted upon by both city and borough commissions. The city will consider plats and make
recommendations, the staff report and minutes are then forwarded to the borough
planning department.
The borough planning commission makes
the final determination. Once the
preliminary plat has been accepted, the final plat is submitted to the borough
for either administrative approval or approval by the borough planning
commission.
B. Homer Advisory Planning Commission
Meetings. The commission meets the first and third Wednesday of
each month with worksessions and special meetings
scheduled as necessary.
C. Plat Submittal. Plats are to be submitted to the Planning
Department. Four copies are required and
a reduced copy at least 11” x 17” in size.
D. Plat Submittal Deadline. Plats are required to be submitted according
to the Planning Commission Meeting schedule and due dates. (Normally submittal at this time will insure
the plat will be on the next agenda.
However, depending on the complexity or the time required to research
the plat, a time extension may be necessary.)
E. Courtesy Agendas. Agendas and Staff Reports are sent to
surveyor/s and property owners with plat/s on the agenda.
F. Subscriber Agendas. Anyone wishing to receive an agenda of each
Planning Commission meeting may do so by placing their name on a mailing list
available at the City Clerk's office and paying a subscription fee.
The subdivider is urged to
discuss the preliminary plat with the Planning and Zoning Department at any point
prior to submitting the plat for approval by the Planning Commission. The purpose of such discussion is to
facilitate the approval process, determine whether concept or preliminary
approval is requested, discuss any unusual circumstances, and to explain any
background information that has a bearing on the approval of the plat. This communication is particularly valuable
if time deadlines are involved.
REQUIREMENTS
FOR PRELIMINARY PLAT APPROVAL
A. Concept
Approval. The purpose of the concept
approval process is to allow the subdivider to obtain
commission approval of the general layout and design of the subdivision at an
early point in the design
process. Conceptual approval of a plat
does not imply approval of the preliminary plat, only that the commission
agrees with the general design and layout of the lots and streets. It requires the subdivider
to return the plat to the commission for preliminary approval. Submittal of a plat for conceptual approval
is voluntary on the part of the subdivider.
The
commission will consider a plat for conceptual approval if it contains the following information at the time it is presented:
1. Title block;
2. North point;
3. The
location, width and names of existing or platted streets, public rights-of-way
and easements;
4. The proposed street design;
5. Size and layout of
lots;
6. Natural drainage;
7. Vicinity map; and
8. Scale.
B. Preliminary
Approval. The commission will
consider a plat for preliminary approval if it contains the following
information at the time it is presented and is drawn to a scale of sufficient
size to be clearly legible.
1. Within the
title block:
a. Names of the subdivision which shall
not be the same as an existing city, town, tract or subdivision of land in the
borough, of which a map or plat has been previously recorded, or so nearly the
same as to mislead the public or cause confusion;
b. Legal description, location, date, and
total area in acres of the proposed subdivision;
c. Name and address of owner and
registered land surveyor;
d. Scale.
2. North point;
3. The location, width and name of
existing or platted streets and public ways, railroad rights-of-way and other
important features such as section lines, political subdivision or municipal
corporation boundaries abutting the subdivision.
4. A vicinity map, drawn to scale showing
location of proposed subdivision, north arrow if different from plat
orientation, township and range, section lines, roads, political boundaries and
prominent natural and manmade features, such as shorelines or streams.
5. All parcels of land including those
intended for private ownership and those to be dedicated for public use or
reserved in the deeds for the use of all property owners in the proposed
subdivision together with the purposes, conditions or limitation of such
reservations.
6. The names and widths of public streets
and alleys and easements including drainage easements existing and proposed,
within the subdivision. Drainage
easements are normally thirty feet in width centered on the
drainage. Final width of the easement
will depend on the ability to access the drainage with heavy equipment. An alphabetical list of street names is
available from City Hall.
7. The names of adjacent subdivisions or
an indication that the adjacent land is not subdivided.
8. Approximate location of areas subject
to inundation, flooding or storm water overflow. Indicate if a recognized flood plain is
present. Identify and locate the major
drainage systems.
9. Approximate locations of areas subject
to tidal inundation including the mean high water line.
10. Block and lot numbering per Section
20.16.110 of the borough subdivision code.
11. The general location of existing water
and sewer utilities, and the intent and methods of the subdivision to utilize
and access such utilities.
12. Provide a contour map of the subdivision
and road profiles if road grades exceed 6% on arterial and 10% on other
streets.
13. Identify and locate on the plat all
areas in excess of 20% grade.
C. Design
Requirements.
1. The plat
must conform to the Kenai Peninsula Borough Code of Ordinances, Chapter 20 and
applicable Homer City Code ordinances including Title 11, Streets, Sidewalks
and Driveway Construction; Title 14, Utilities; and Title 21, Zoning.
D. Bridge Creek Watershed Protection
District.
In
addition to the preliminary plat requirements, subdivisions after
1. The
minimum area of any parcel shall be 4.500 acres.
2. Parcels
of land subdivided shall be allowed a total Coverage of 4.2 percent including
Right-of-Way (ROW) dedication. ROW
Coverage area shall be calculated at 50% of the total area of the dedicated
ROW. The Coverage allowed for the
subdivided parcels shall be calculated after deducting the ROW Coverage from
the total parcel allowance according to the following formula.
Formula:
(Area of Parcel being subdivided) x .042 = Total
Allowed Coverage (TAC)
(Area of ROW dedication) x .5 = ROW Coverage (ROW C)
TAC – ROW C = Allowed
Coverage for remainder of parcel being subdivided
(Area of Parcel being
subdivided) – (area of ROW dedication – New Parcel area
(Allowed Coverage for remainder)/(New
Parcel area) x 100 – Percentage Coverage allowed on subdivided parcels.
3. Subdivisions, dedications, and vacations of easements and
right-of-ways in the BCWP District must be approved by the City of
Step 1 As
preliminary plats are received, either from the surveyor (four copies are required and an 11”
x 17” reduced copy) or from the Borough, the staff initiates a subdivision
file.
Plats are required to be submitted by the third Friday
preceding the Commission meeting with
the appropriate fee.
Step 2 Immediately
upon receipt of a plat, the Planning and Zoning staff reviews the plat for
completeness. If the plat is incomplete
and does not meet the requirements of the Kenai Peninsula Borough Code, Chapter
20.12, or the BCWP District, the staff will notify the subdivider/surveyor by phone and request the additional
information. The information must be submitted by
If
the plat meets all the requirements of the Kenai Peninsula Borough Chapter
20.12 and the BCWP District, the plat is scheduled for review at the next
Planning Commission meeting.
There
is a forty-nine day review deadline beginning from the date all materials are
submitted unless the applicant agrees to an extension.
Step 3 Two
copies of the plat are sent to Public Works for review. A reply back memo is included with the
deadline review date specified. The
review deadline date will be the Wednesday preceding the Commission
meeting. The comments are incorporated
into the Staff Report.
Step 4 One
copy of the plat is sent to the Fire Chief for review. A memo is included with the review date
deadline specified. The review deadline
date will be the Wednesday preceding the Commission meeting. Comments are incorporated into the Staff
Report.
Step 5 Staff
review and an on-site inspection, if necessary, is made. Planning and Zoning staff
prepares a staff report to the Homer Advisory Planning Commission which
includes any of the following applicable for the review:
Applicant Zoning History
Status of
Applicant Applicable
Regulations
Requested
Action Public
Utilities
Purpose Public Services
Existing
Zoning Transportation
Location Parking
Size Physical
Characteristics
Existing
Land Use Analysis
Surrounding
Land Master Plan
Use and
Zoning Recommendations
Attachments
Step 6 The
Planning Commission reviews the plat at a regular meeting and recommends, with
or without conditions, acceptance to the Borough Planning Commission.
Step 7 Staff
notifies the Borough Planning Commission of the Homer Advisory Planning
Commission's action by a copy of the staff report and unapproved minutes
of the meeting.
Step 8 After
presentation to the Homer Advisory Planning Commission, staff maintains the
file in active status. All forthcoming
documents (borough minutes, etc.) pertaining to the particular file will be
routed through the Planning Director before they are filed.
Step 9 When
the final plat is approved and all documentation is completed, the subdivision
plat is placed in inactive status and filed in the Plat files.
HOMER ADVISORY PLANNING COMMISSION
POLICY FOR REVIEW OF BRIDGE CREEK WATERSHED PROTECTION
DISTRICT
PURPOSE
The Homer Advisory Planning Commission may approve
development within the Bridge Creek Watershed Protection District (BCWPD)
subject to the standards provided in the zoning ordinance and in compliance
with the Comprehensive Plan, for those uses or structures specified within the
Bridge Creek Watershed Protection District ordinance. The purpose is to prevent the degradation of
the water quality and protect the Bridge Creek Watershed to ensure its continuing
suitability as a water supply source for the City’s public water utility. These provisions benefit the public health,
safety, and welfare of the residents of the City of
QUALIFICATION STATEMENT
Nothing in this document should be considered in lieu
of any applicable laws and procedures found in the Alaska State Statues, the
Kenai Peninsula Borough Code of Ordinances, where applicable, or the Homer City
Code.
CONDITIONAL USE
A conditional use permit may be issued in accordance
with Chapter 21.61 and subject to the requirements of the Bridge Creek
Watershed Protection District Chapter 21.59.060 Conditional uses and
structures, and/or Chapter 21.59.080 Erosion sediment control, Chapter
21.59.090 Agricultural activity, Chapter 21.59.100 Timber growing and
harvesting operations, Chapter 21.59.110 Steam buffers, and Chapter 21.59.130
Exceptions to buffers.
PASSED
AND ADOPTED by the Homer City Council on the 8th day of January,
2007.
CITY
OF
_____________________________
JAMES
C. HORNADAY, MAYOR
ATTEST:
______________________________________
MARY L. CALHOUN, CMC, CITY CLERK
Fiscal note: NA