Session 04-09, a Regular Meeting of the Homer Advisory Commission was called to order at 7:07 p.m. on April 21, 2004 by Chair Smith at the Homer City Hall Council Chambers located at 491 E. Pioneer Avenue, Homer, Alaska.

PRESENT: COMMISSIONERS: SMITH, BARTLETT, PFEIL, CHESLEY, FOSTER, CELENTANO

ABSENT: HESS (excused)

STAFF: CITY PLANNER MCKIBBEN

DEPUTY CITY CLERK JOHNSON

PUBLIC WORKS DIRECTOR MEYER

APPROVAL OF AGENDA AND ADOPTION OF CONSENT AGENDA

All items on the consent agenda are considered routine and non-controversial by the Planning Commission and are approved in one motion. There will be no separate discussion of these items unless requested by a Planning Commissioner or someone from the public, in which case the item will be moved to the regular agenda and considered in normal sequence.

A. Time Extension Requests

B. Approval of City of Homer Projects under HCC 1.76.030 g.

C. KPB Coastal Management Program Reports

D. Commissioner Excused Absences

The agenda was approved by consensus of the Commission.

APPROVAL OF THE MINUTES

A. The Special Meeting Minutes of March 30, 2004 were corrected as follows:

Heading was amended to March 30, 2004, Special Meeting Minutes and Commissioner Foster had an excused absence. The amended minutes were approved by consensus of the Commission.

B. The Regular Meeting Minutes of April 7, 2004 were approved by consensus of the Commission.

PUBLIC COMMENT, PRESENTATIONS

The public may speak to the Planning Commission regarding matters not on the agenda. The Chair may prescribe time limits. Public comment on agenda items will be heard at the time the item is considered by the Commission. Presentations are approved by the Planning Director, the Chair, or the Planning Commission. A Public Works representative may address the Planning Commission.

Carey Meyer, Public Works Director, provided an update on projects within the Public Works Department. The East End Road project is well underway with underground digging in progress. Mr. Meyer said there will be inconveniences during the course of the construction to make the improvements. The Water and Sewer Master Plan is still being worked on with improvements on the existing facilities and growth on all borders being envisioned. A computer model of the water and sewer system will be completed allowing the infrastructure system to be evaluated before new development occurs. The program is being created within the GIS (Geographic Information Systems) data base and will produce a tool to combine aerial, contours, water and sewer and wetlands zoning information overlaying them all together. GIS will alleviate the separate maps that are currently used and help the Planning Commission make good decisions as developers seek approvals. By summer’s end there should be a good draft on the Water and Sewer Master Plan that can be presented to the Planning Commission and forwarded to the City Council to create an official document.

Public Works Director Meyer said the Roads Standard Committee (RSC) is still working on the Transportation Plan for presentation to the Planning Commission with their recommendation to the City Council for an official document. The RSC reviewed three DOT (Department of Transportation) City projects in the Pioneer Avenue crosswalks and additionally recommended crosswalks along Sterling Highway, Bartlett Street and East End Road which will be presented to the City Council.

Public Works Director Meyer reported that the (Pioneer) dock project has been completed with the Coast Guard making modifications to include floating bollards (floating mooring collars) enabling the tender to tie up directly and float up and down on the dock. Continuous tension winches are now operating, allowing the Coast Guard vessel to automatically keep tension on the mooring lines. Mr. Meyer said it is interesting and complex equipment that will aid the Coast Guard in maintaining a limited crew on the ship, allowing more personnel to man the station.

Additionally Public Works is completing the ongoing maintenance on the streets, sweeping earlier than usual.

Commissioner Foster said he was approached by folks organizing an event at the Islands and Oceans Visitors Center on July 3^rd. The group asked if they could find anticipated road delays or closures scheduled for the time of their event. In viewing the DOT web page Commissioner Foster found that it was not up to date. Public Works Director Meyer said the State maintains a good website during the summer months. In response to Commissioner Foster’s request of what the City had planned for the upcoming months, Mr. Meyer said at the next City Council meeting he hopes the final approval will be put on road repaving projects to include pedestrian pathways. Those include Main Street north of Pioneer, Bayview, Ben Walters, Kachemak Way and Rochelle. Additionally the access road of Heath Street to the high school will be paved. DOT may be completing work at the upper end of Forest Glen and the west end of Soundview.

In response to Commissioner Chesley’s question when the reconstruction and striping of the Sterling Highway will commence, Public Works Director Meyer answered he was reluctant to comment, as the State had not projected when the project would happen. Mr. Meyer said he has heard that the Homer portion of the Sterling Highway contract would not be fulfilled until next year, although the contractor may have some say in which part of the project is completed first. Mr. Meyer said with the work on East End Road and Bartlett Street things could get crazy if the Sterling Highway became impassable and Pioneer Avenue took the brunt of the detour.

Commissioner Pfeil asked Public Works Director Meyer whom was responsible for Main Street south of Pioneer Avenue and when would road and sidewalk improvements be expected. Mr. Meyer answered that DOT’s position changed rapidly in the last fiscal year and as to Bartlett and Hohe Street, the State wants the business of maintaining local roads. The first step was to bring Bartlett up to standards and have the City take over its maintenance. The next step was Main Street from Pioneer to Sterling Hwy. and then Sterling Hwy. to Bunnell Street. Bunnell Street is a DOT maintained road. Several projects on DOT’s list were cut and it’s doubtful they will be able to follow that schedule. There has been no further discussion of Main Street, but the City is willing to take over the maintenance of the roads provided storm drains and pedestrian walkways are brought up to standards. The City may have also accepted the paint and scrape responsibilities on Main Street between Pioneer Avenue and the Sterling Highway. but the State is still responsible for the major repairs to bring the streets up to standards. In response to Commissioner Pfeil’s question of whom he would contact, Mr. Meyer said Rex Young is the State area-wide planner. Mr. Meyer said there is a lot going on in both City and private projects and that it should be an exciting summer.

PUBLIC HEARINGS

The Commission conducts Public Hearings by hearing a staff report, hearing public testimony and then acting on the Public Hearing items. The Chair may prescribe time limits. The Commission may question the public.

A. Staff Report PL 04-25 Re: Request For A Conditional Use Permit, Cup #04-04 Dubliver Request For More Than One Building Containing A Permitted Principal Use, Two Residential Homes, On A Lot As Permitted By HCC 21.44.030 (q) At 2617 Sterling Highway, Tr H, Wolstenholme Tracts Subdivision.

City Planner McKibben reviewed the revised staff report provided as a laydown and staff recommendations. Staff recommends that the Planning Commission approve the applicant’s request for a Conditional Use Permit contingent on the following conditions:

1. The communal water and septic system meet DEC’s requirements.

2. The twenty-foot setback to be maintained in a vegetated state.

3. The project meets all other applicable local, state and federal requirements.

Commissioner Chesley said his understanding was once a public hearing closes the Commissioners are not able to ask questions of members in the audience. Chair Smith said with the consent of the Commission the public hearing right may be reopened.

Ron Alderfer said the only additional information he had to offer was that the larger home is proposed to be placed almost exactly where the existing home is. Both the existing home and garage will be demolished and removed. The proposed garage will be slightly closer to the house, further away from the Sterling Highway than the existing garage. The caretaker house will be on a right curve off the Sterling Highway, slightly separated. The screening of all improvements will be at least as good as the screening of the existing improvements. Mr. Alderfer said like the City, the owner desires to maintain the vegetative buffer for the visual screen. There is one driveway accessing Sterling Highway.

Commissioner Foster said in light of the recent erosion science workshop he attended, he has concerns about the size of the septic system. His concern is that the septic system will be communal, requiring a larger system. The picture shows the top of the steep slope with a drain field below and there would be two houses adding water to a system with an erosive slope. Ron Alderfer said the engineer has been reviewing the site and plans and is working on those plans. His recommendation will be separate systems, with a treatment tank and leach field for the small house and separate one for the large house. In response to Commissioner Foster’s question if the City Code would be met for the 40,000 sq. ft. requirement (for each dwelling unit in areas not served by public sewer and water), Chair Smith answered that trucking in water would meet the 20,000 sq. ft. requirement.

Commissioner Chesley said he understands DEC (Department of Environmental Conservation) has a term about a community water system, but not about a communal water system. Ron Alderfer said that word was submitted by the applicant, but he believes there will be a cistern for each unit. City Planner McKibben said the septic system will meet DEC criteria and water will be hauled by a DEC approved water hauler.

With no further testimony Chair Smith closed the public hearing portion of the conditional use permit.

CHESLEY/FOSTER - MOVED TO ACCEPT STAFF REPORT PL 04-25 REVISED WITH STAFF RECOMMENDATIONS ALONG WITH THE FINDINGS RECOMMENDED BY STAFF.

Commissioner Chesley said Staff finding under Item C says clustering residential homes in residential areas, with no talk about encouraging the type of development the applicant is seeking. Mr. Chesley does not see that as the rule and takes exception to its content, stating he would like to be convinced that it has merit. City Planner McKibben said it was her intent that the sentence be removed when Staff Report PL 04-25 was revised and she did not disagree with Commissioner Chesley.

CHESLEY/FOSTER – MOVED TO STRIKE UNDER FIRST SENTENCE IN ITEM C – STAFF FINDING: “THE COMPREHENSIVE PLAN UPDATE RECOMMENDS CLUSTERING OF COMPATIBLE USE TYPES AND DENSITIES AND PROTECT THE INTEGRITY AND ATTRACTIVENESS OF THE RESIDENTIAL NEIGHBORHOOD.”

Commissioner Foster questioned how City Planner McKibben concluded that an increase in traffic would not be generated from the second residence on the property. City Planner McKibben responded that the lot could have been subdivided and there would not have been a need for the conditional use permit. Chair Smith said private property has development rights and if it goes past the point where a detrimental impact is created, the community can step in with regulations. Commissioner Foster said making sure one driveway was maintained to the highway would be good.

VOTE: (motion to amend) YES: NO OBJECTION. UNANIMOUS CONSENT.

Motion carried.

CHESLEY/PFEIL – MOVED TO MODIFY STAFF RECOMMENDATION #1 TO READ: “THE SEPTIC SYSTEM MUST MEET DEC REQUIREMENTS“ AND #4 “THE LOT MUST BE SERVED BY A DEC APPROVED PUBLIC WATER SUPPLY.”

VOTE: YES: NO OBJECTION. UNANIMOUS CONSENT.

Motion carried.

VOTE: (main motion to approve CUP as amended) YES: NO OBJECTION. UNANIMOUS CONSENT.

Motion carried.

B. Staff Report PL 04-26 Re: Request for a Public Sign by the Homer Animal Friends.

City Planner McKibben reviewed the staff report and staff recommendations: Staff recommends approval of Option B as Option A does not meet the 32 square feet in area requirement per Homer City Code 21.60.097(e).

PFEIL/FOSTER – MOVED TO ACCEPT STAFF REPORT WITH STAFF RECOMMENDATIONS.

Commissioner Pfeil stated that he had talked with Sherry Bess from the Animal Shelter and didn’t see any problem with the sign, believing it was for a good cause and temporary. Ms. Bess is willing to work with the Planning Commission in any way to make sure the sign is in compliance.

VOTE: YES: NO OBJECTION. UNANIMOUS CONSENT.

Motion carried.

PLAT CONSIDERATION

COMMISSION BUSINESS

A. Staff Report PL 04-21 Re: Resolution 04- A Resolution Of The City Council Of Homer, Alaska Renaming Gjosund Drive To Pacific Place Within The City Of Homer At The Request Of The Property Owners. POSTPONED AT APRIL 7^TH HAPC MEETING.

City Planner McKibben said she had made no contact with the residents on Gjosund Drive and suggested postponing the matter to the next meeting agenda. Commissioner Foster said the two people living on the street requested changing the name and no one has appeared to object. Ms. McKibben said the residents could be called or she could direct staff to send a letter requesting input.

City Planner McKibben said at the last staff meeting the clerk had asked if the matter was going to be deferred to the next agenda. Bob Painter, Fire Chief, explained that the 911 system is automated, so the alphabetized pronunciation is a non-issue. Directions to a location appear from the phone company locating the caller rather than the caller’s directions.

FOSTER/PFEIL – MOVED TO POSTPONE STAFF REPORT PL 04-21 TO THE NEXT MEETING.

VOTE: YES: NO OBJECTION. UNANIMOUS CONSENT.

Motion carried.

Commissioner Pfeil said he supported leaving the street as Gjosund for historical reasons. Commissioner Foster said the borough hears a lot of name changes, if there are more than one name for a particular court or lane, such as Blueberry. The majority of the time the borough listens to the residents on the street, and most wish to keep a name due to its historical nature.

B. Staff Report PL 04-27 Re: 2004 Planning Commission Work Plan - Staff Report PL 04-23 Re: Homer Advisory Planning Commission Work Plan And Goals for 2004. POSTPONED AT THE APRIL 7^TH HAPC MEETING.

City Planner McKibben reviewed the staff report and recommendations: Staff recommends the Commission review and discuss the work plan, and adopt an updated work plan for 2004.

The Commission discussed and decided to adopt the following items in their Work List 2004:

§ Rezone of Area-Junior High School to West Hill Road (examine visitor industry district)

§ Rezone of Ben Walters Lane (recognizing changing uses)

§ Review Residential Office District Regulations (review purpose and allowed activities-focus on East End Road)

§ Review GC1 and GC2 District (review allowed uses, consider subordinate residential uses)

§ Review Rural Residential District (cottage industries)

§ Commercial Districts (lot sizes)

§ Conservation Zoning for City Properties (EVOS)

§ Review/Amendment of Planned Unit Development code

§ Review/Amend Nonconforming Uses Code Section

§ Sign Code Amendment (internally illuminated signs or back lighted signs)

§ Policy and Procedures Manual (update)

§ Develop Steep Slope Ordinance (wetlands/shorelines/bluff erosion/water body setbacks)

§ Review/Amend Subdivision Code (work with borough and other cities)

§ Review/Amend Trailer Park Regulations

§ Review/Amend Parking Code

§ Community Design Manual

Complete connection section

Scenic Gateways

Scenic Spit

Old Town

§ Bridge Creek Watershed Protection District Enhancements

§ Adding Definitions

§ Revise Permit Forms

§ Enforcement

§ Include in Staff Report “Applicant is responsible to comply with” and that the applicant “has read and understood”

BARTLETT/PFEIL – MOVED TO ADOPT THE WORK LIST AS AMENDED.

City Planner McKibben verified the changes to the above Work List 2004:

Rural residential – take out lot sizes, leave cottage industries, scratch commercial districts and have lot sizes

Move water body setbacks into the group with the steep slope ordinance

Take out question mark there, and the question mark under subdivision code

Add “er” to trail park regulations

Adding definitions

Revising permit forms

Enforcement

Include in staff report “applicant is responsible to comply with” and that the applicant “has read and understood”

Bridgecreek Watershed Protection District Enhancements

VOTE: YES: NO OBJECTION. UNANIMOUS CONSENT.

Motion carried.

REPORTS

A. Borough Report

Commissioner Foster said at the Borough Planning Commission meeting a subdivision with two alleys was denied at plat level and was being brought back to the City Planning Commission as the Findings and Fact were not clear. The re-subdivision of the lands owned by Tilley Court, Scenic Drive and Spruce Lane are on the upcoming Borough packet and they do not have the City Planning Commission’s report. Commissioner Foster said they usually get the unapproved minutes, and City Planner McKibben said the minutes were most likely sent earlier.

B. Kachemak Bay Advisory Planning Commission Report

PLANNING DIRECTOR’S REPORT

City Planner McKibben said she will be out of the office over the next week for a trip to Washington, D.C. Mary Tole will be at the next regular meeting under PUBLIC COMMENT, PRESENTATIONS to talk about platting. If there are questions from the Commission Ms. McKibben will email them to Ms. Tole prior to the meeting.

Commissioner Chesley said he and Commissioner Foster were talking about sign issues on East End Road at the mini storage. He said the owner has put up yet another sign. City Planner McKibben said she was not aware of any response from the owner about the sign. Additionally Commissioner Chesley said there is a semi-trailer parked in the bowling alley parking lot with the Assembly of God church revival sign on it. He said although it may be classified as a temporary sign its mounting on the semi-trailer is unacceptable.

Commissioner Chesley questioned updating the ordinance books to include Ordinance 04-11. He said it was important to have the new information in front of the Commission for them to be informed.

Another sign issue Commissioner Chesley pointed out was the flag at The Alibi.

INFORMATIONAL MATERIALS

A. Letter from Gordon Tans, City Attorney, dated April 12, 2004 Re: Zoning – Ordinance 04-11 Proposal for Allowing Reduced Building Setback Pursuant to a Conditional Use Permit.

B. Letter from Frank S. Griswold dated April 14, 2004 Re: CUP Setback Standards.

C. Planning Commissioner’s Corner: Twenty Ways to Conduct a Successful Planning and Zoning Hearing.

COMMENTS OF THE AUDIENCE

COMMENTS OF THE COMMISSION

Commissioner Foster said on May 24^th the Borough Planning Commission will have their regular meeting at Land’s End in Homer. The Plat Committee will be here as well with a presentation on the wetlands function tool.

Commissioner Pfeil said in reading the paper over the last couple days it is official that the oceans are in trouble. Mr. Pfeil thanked the staff and Commission for all their hard work, and particularly the staff and Commission members that attended the City Council meeting Monday night.

Commissioner Celentano expressed her appreciation for the extra information added to the packets which she finds helpful.

ADJOURNMENT

There being no further business to come before the Commission the meeting adjourned at 9:21 p.m. The next Regular Meeting is scheduled for May 5, 2004 at 7:00 p.m. in the City Council Chambers.

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JO JOHNSON, DEPUTY CITY CLERK

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APPROVED