Session 04-27 a Regular Meeting of the Homer Advisory Planning Commission was called to order at 7:10 p.m. on December 15, 2004 by Chair Chesley at the Homer City Hall Council Chambers located at 491 E. Pioneer Avenue, Homer, Alaska.
PRESENT: COMMISSIONERS CHESLEY, FOSTER, PFEIL, HESS, LEHNER,
CONNOR
ABSENT: COMMISSIONERS BARTLETT (excused)
STAFF: CITY PLANNER MCKIBBEN
DEPUTY CITY CLERK JACOBSEN
ROLL CALL
A quorum is required to
conduct a Meeting
APPROVAL
OF AGENDA AND ADOPTION OF CONSENT AGENDA
All items on the consent agenda are considered routine and non-controversial by the Planning Commission and are approved in one motion. There 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
1. Tice-Henrickson No. 2 Subdivision
B. Approval of City of Homer
Projects under HCC 1.76.030 g.
C. KPB Coastal Management
Program Reports
D. Commissioner Excused
Absences
1. Tom Bartlett
2. Bruce Hess
The Consent Agenda was adopted by unanimous consent.
The Agenda was approved by unanimous consent.
APPROVAL OF MINUTES
Commission approves minutes, with any amendments.
A. Approval of the
Regular Meeting of November 17, 2004 meeting minutes.
The minutes of the Regular Meeting of November 17, 2004 were adopted as
amended.
B.Approval of the Regular
Meeting of December 1, 2004 meeting minutes.
The minutes of the Regular Meeting of December 1, 2004 were adopted as
amended.
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 must be approved by the Planning Director, the Chair, or the Planning Commission. A Public Works representative may address the Planning Commission.
There
were no Public Comments or Presentations
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- Re: Proposed Ordinance 04- Re:
Proposed Ordinance of the City Council of the City of Homer, Alaska
Amending Homer City Code Chapter 21.42 Zoning Permit. - CANCELLED
B. Staff
Report PL 04-108 Re: An Ordinance of
the City Council of the City of Homer, Alaska Amending Homer City Code Chapter
21.48 Central Business District 21.48.060(H) Landscaping Requirements, Section
21.49 General Commercial 1 21.49.060(H) and Section 21.61 Conditional Use
Permit 21.61.105(L)(7) Landscaping.
City Planner McKibben said this has to do with the
amendments to Central Business District, GC1, which by reference also amends
GC2, Marine Commercial, Marine Industrial and the Ordinance will also amend the
Conditional Use Permit section for large retail and wholesale in regards to
landscaping. Ms. McKibben said she
attended a conference and learned that landscaped islands and dividers are not
conducive to snow removal or good plant survivability. She said she worked on the ordinance with
City Attorney Tans and made some changes but the intent is still there. She said that Mr. Tans suggested that there
be clarification in these chapters that buffers should be called landscaped
buffers. There is a definition of
buffer in the code and other things than landscaping can be a buffer, but these
sections call specifically for landscaped buffering.
HESS/FOSTER MOVED TO ACCEPT STAFF REPORT PL 04-108.
HESS/FOSTER MOVED THAT ANYWHERE THAT BUFFERS ARE
MENTIONED IT BE CHANGED TO LANDSCAPED BUFFER.
City Planner McKibben pointed out buffer is on
lines 49, 51, 79, 81, 108, and 110 of Ordinance 04-52.
Commissioner Hess said the Commission had added
things like benches and bike racks, as being allowed and he wanted to make sure
that inserting “landscaped” wouldn’t cause a problem. City Planner McKibben said that would be part of the
landscaping. She said that a buffer can
be landscaped but doesn’t have to by the definition in the code and wanted to
make sure it is very clear in the landscaping sections. Commissioner Hess asked if landscaped would
include pedestrian ways. City Planner
McKibben said that from the common sense aspect if there is a landscaped
buffer, providing a pedestrian way wouldn’t preclude that in any way. She said it is easy to include a bench or a
bike rack in the landscape plan for a buffer, but if the proposed buffer only
included a bench and no vegetation that may be a problem. Commissioner Lehner pointed out that HCC
21.61.105(l)(7)(c) “Required landscaping shall be limited to the following
materials” includes pedestrian ways.
VOTE:
YES: UNANIMOUS CONSENT
Motion carried.
City Planner McKibben said she wanted to
double-check a previous change that had been made. She pointed out that on line 70 the original language said “the
defined drainage channel or stream” and it was suggested that it be changed to
“any defined drainage channel or stream”.
She wanted to make sure it was the intent of the Commission that the
stream or channel did not necessarily have to be on the lot that the
development was taking place but if you are adjacent to a stream or channel
then a buffer is needed even if it is on the neighboring property. The Commission agreed that the change is
correct.
VOTE:
YES: UNANIMOUS CONSENT
Motion carried.
PLAT CONSIDERATION
The Commission hears a report from staff, testimony from applicants and the public. The Commission may ask questions of staff, applicants and the public.
A.Staff Report PL 04-104
Re: Tsunami View Subdivision
Preliminary Plat - POSTPONED AT HAPC MEETING DECEMBER 1, 2004.
PFEIL/CONNOR MOVED TO POSTPONE STAFF REPORT PL04-104 UNTIL FURTHER
NOTICE.
Commissioner Foster said he was very disappointed that this was back on
the agenda before he realized that it was a mistake that it was on the agenda
again. He asked if there was anything
in the Policy and Procedures Manual that says how many times something gets
postponed before it can be denied.
Chair Chesley said he believed that they could keep moving it forward. Commissioner Foster asked if a property
owner was told to make changes and didn’t, then brought the original plan back
for approval, would it have to be approved.
City Planner McKibben said if the Commission asked for changes to a
proposal, and the changes were not made and it came back on the agenda, the
plan does not have to be approved; the Commission could make findings to
recommend disapproval.
VOTE: YES: UNANIMOUS CONSENT
Motion carried.
COMMISSION BUSINESS
The Commission hears a report from staff, testimony from applicants and the public. Commission business includes resolutions, ordinances, zoning issues, requests for reconsideration and other issues as needed. The Commission may ask questions of staff, applicants, and the public.
A. Staff
Report PL 04-109 Re: Commission Work
List – Continuing
City Planner McKibben said that the Drive-Thru code amendments, the
Conditional Use language, and Grading/Filling permit information have been
added to the work list. She said that
the conservation zoning was marked off, a check by phase one of the Policies
and Procedures Manual, and they are close to being done with the code
amendments for the zoning permit and the Transportation Plan. She said she would have a draft of the
Bridge Creek Watershed code amendments by the second meeting in January. City Planner McKibben asked the Commission
if they wanted her to try to set up a worksession with City Attorney Tans to
discuss non-conforming uses. She said
they need to have the overall discussion of non-conforming uses so everyone is
on the same page and can move forward as to what direction to go with the
amendments. Chair Chesley said he is
interested in dealing with the Fraiman case in the up coming year and that he
would talk to City Planner McKibben about how to break them out because one is
more appropriate at an Executive level and one at the Commission level. The Commission agreed to have City Planner
McKibben look into setting up a worksession to discuss non-conforming uses with
the City Attorney in the next three months.
Commissioner Foster said he was hoping they could review and amend the
mobile home regulations and mobile home park regulations.
Commissioner Hess said that he wanted to mention again the definition
of use and just wanted to make sure that it doesn’t get lost. City Planner McKibben said that Definitions
is already on the work list.
Commissioner Hess suggested a sub heading if there is a particular
definition that needs to be addressed.
City Planner McKibben asked if a sub-committee of Commissioner Foster
and Commissioner Lehner could work with her on the mitigation handbook in the
next few months. The Commissioners
agreed and Ms. McKibben said she would be in touch with them.
City Planner McKibben told the Commission they should prioritize their
next two top items. Commissioner Pfeil
asked where they are at with the sign code.
She said they have been working with the sign code a lot and are finding
it difficult to use. He said he is
concerned about the signs and the three satellites at the Horizon Satellite
office. City Planner McKibben said
staff had checked and the satellites are being used, they are not there for
advertisements. She said she would look
at the sign, but was not sure what the Commission had in mind for the sign code
amendment. Commissioner Hess said he
would like to see the sensitive area ordinance move up to a higher
priority. Commissioner Foster suggested
moving review of lot size minimum requirements in all districts up as more
areas get hooked up to water this next building season. City Planner McKibben said she would number
them as five and six and until the others get crossed off.
B. Staff
Report PL 04-84 Re: Resolution 04-68 A
Resolution of the City Council of the City of Homer, Accepting and
Acknowledging the 2004 Homer Area Transportation Plan.
City Planner McKibben said she had nothing to add, she asked that the
Commissioners have their proposed recommendations for the Transportation Plan
to her by December 27; she will summarize them and include them in her staff
report. Commissioner Connor said she
would like to recommend specific places for round abouts in the report and
asked the Commission if they had any feelings where those should be. Commissioner Foster said they had identified
one at the bottom of East Hill and East End Road, one at Greatland Street and
one at Lake Street and the Sterling Highway.
Chair Chesley commented that if the Commission takes action on this in
January and the Council won’t take action until February. He is afraid that it may become a
contentious issue but hopes it won’t because it deserves serious
consideration. Commissioner Connor
said she would write something up for the Commission to discuss at the next
meeting. Commissioner Hess asked what
the status was on the idea of one big round about where you have one-way
traffic coming into town and one-way traffic going out. Commissioner Foster said the opposition to
that was from the big trucks and trailers pulling the large boats would have to
come through town. Commissioner Hess
said he liked the idea and would put something together for discussion at the
next meeting.
B.Staff Report PL 04-56
Re: Review of HCC 21.42 Zoning Permit -
Continuing.
City Planner McKibben recommended the Commission that they postpone
this because she hasn’t had a chance to work with the Chairman on the changes
that were discussed at the previous meeting.
LEHNER/FOSTER MOVED THAT STAFF REPORT PL 04-56 BE CONTINUED TO THE
JANUARY 5, 2005 MEETING.
VOTE: YES: UNANIMOUS CONSENT
Motion carried.
REPORTS
A. Borough Report
Commissioner Foster said there were three things that came up at the
last meeting, one was a worksession on the Comprehensive Plan. He stated that while there is a lot of work
that needs to be done, he is pleased to see the changes on the upgrading of the
Comprehensive Plan, primarily in the interest toward natural hazards. Mapping the hazards is being addressed as
well as discussion about limiting the size of lots in certain areas in
proximity to natural hazards. Secondly
was the Coastal Management Program and the required revision that is going on
throughout the State in all the districts.
He believes it is important for the City to realize that most of the
power is being focused in the central State requirements and it can’t be
duplicated at the District requirements.
He said there are three areas where the Borough can have more specific
regulations than the State and they are dealing with natural hazards,
subsistence and habitat protection. He
continued that all three of these areas have to have mapping to identify the
areas that are hazardous, such as erosive zones and flood plains. He said they can’t just be mentioned, they
have to be mapped and based on science, and the science is identified coming
from the State geophysical and geological survey or the flood plain
manager. He said that he asked if the
work the City has just done mapping the bluff lines would constitute good
science as far as hazard areas because now you can see what the erosion rate is
and do prediction model for 50 years.
He said the answer was yes, so the City is the one place in the whole
Borough that can map the hazardous areas for the Coastal Management
Program. He thinks it is important for
the City to share this information with the Borough because by June 30th
the mapping has to be done or they will have to amend the whole Coastal
Management Plan for adding additional areas.
Thirdly, they spent a lot of time in the last year and a half changing
the names of the streets throughout the Borough that had the same or similar sounding
names for 911 emergency services. It
has been determined that the systems are now sophisticated enough that even
with cell phones, they can determine where the call is coming from. Commissioner Foster said that he has been
put back on the Plat Committee for the next year.
B. Kachemak Bay Advisory Planning
Commission Report
Chair Chesley asked if there was anyone on the Commission that would
like to serve on the Kachemak Bay Advisory Planning Commission. Commissioner Foster said it is a good idea,
they have had a problem getting a quorum.
He said now that there is more and more development going on around us,
their minutes go into the Borough, and they liked it when someone from the City
cared enough about it to show up.
PLANNING DIRECTOR’S REPORT
City Planner McKibben advised the
Commission that the Clerk has indicated that it is okay if they have a Plat
Committee, so she will be putting a proposal together soon for the Commission
to look at.
Commissioner Hess asked what the
status is on the Fred Meyer Traffic Impact Analysis (TIA). Ms. McKibben said the City got the proposal
for the TIA then it was given to Fred Meyer to review. She said it took them a while to get it back
to her so she has just drafted the contract for Northland Systems Engineering
to get started on January 3rd.
She reminded the Commission that Karen Weiss with Northland Systems
Engineering worked with the Commission on the development of the code
language. Ms. McKibben said they only
received one proposal for the Community Economic Impact Analysis and it was a
pretty expensive proposal, so they extended it a little longer in hopes of
getting some additional proposals.
Commissioner Hess asked how the extension is being solicited. Ms. McKibben said it is not being advertised,
she has identified firms and faxed information to them and is keeping a list,
which is okay as long as there are more than three firms. She said it is not City money paying for the
analysis and she has reviewed the procurement policy to make sure it is
fine. Commissioner Foster asked if the
existing traffic data is available from last summer. Ms. McKibben said the data is easy to get from DOT plus the
consultants will come down to gather their own information. City Planner McKibben said the Coastal
Management Program was designed as a grass roots program to give local
communities local control and she said that is gone. Ms. McKibben said in reference to Commissioner Foster’s Borough
Report, finding the three areas and mapping them are not enough and asked how
do you show subsistence areas with science.
Commissioner Foster said that just has to be social science research,
mapped and explained, it can’t just be described. Ms. McKibben said she would like to talk further with
Commissioner Foster about the Borough’s plan.
Commissioner Hess asked what was
happening with Safeway. City Planner
McKibben said it looks like they will be doing a presentation in January.
Commissioner Lehner commented
that she noticed that the City is applying for a three-year extension of the
general wetlands project. City Planner
McKibben said the purpose of the grant was to map wetland areas for the general
permit, but there is other work that has to occur besides the mapping before it
can actually be used. Commissioner
Lehner said that some wetlands are identified where they weren’t before also
the whole annexation area is included.
She said she would hate to see that information not brought before the
Commission at all simply because it is not in final form, and if a situation
develops where they are concerned about an issue they can make decisions based
on the newer information. City Planner
McKibben said she would have to check the legalities of using the information. Commissioner Lehner said she thinks it is
important that if there is good wetlands information they figure out how they
can use that information.
City Planner said that the staff
reports are on line now, the attachments are not though.
Commissioner Pfeil asked for an
update on the McDonald’s lighting. Ms.
McKibben said she has not done that yet but it is on her list and will report
back.
Commissioner Foster pointed out
on the violation matrix there was some information missing. He asked for the status on the Fraiman issue
and the lots along the Sterling Highway.
He asked if the Sterling Highway lots were being used as a snow storage
area and said there was a discussion at the Comprehensive Plan meeting about
the toxins that are in snow, they addressed it with the Storm Water Management
Plan. He also commented that the cabin
is still there. City Planner McKibben
said the owner of the cabin came in and got a zoning permit to it to cabin to
another lot. She said she is not sure
why the Fraiman entry is blank, but they were able to obtain photography from
Eagle Eye Photo from a few years ago that makes it look like the sign that he
has got is a replacement for what was there, so the sign part of it is
resolved. With regard to the
nonconforming uses, she said that there is a discussion that has to take place
about the interpretation of the code.
In regard to the Sterling Highway lots she said that work was but the
ground was so wet they felt they were doing more damage to the site. Planning Technician Eggertsen-Goff went out
to check it and agreed so they stopped and she is not sure where they are at
now. Commissioner Foster said his
concern is that it is such a visible spot and he gets comments about it every
time he goes to a Borough meeting. Ms.
McKibben said she agrees, it is something that we see but to take a positive
approach, the owners have been responsive to the letters and are making effort
and at some point it will go away. City
Planner McKibben said there is nothing in the code that gives them a time
limit, sometimes they will implement time limits. She said they have a permit to fill from the Corp, but they can’t
get a zoning permit until the violation is cleared. He asked if there is something the Planning Commission should do
like make a recommendation that there be a time limit from the time staff gets
a violation. Ms. McKibben said that
each violation is unique and would hate Planning to have their hands tied to
that extent. She knows it is
frustrating, but the owners have responded, they are speaking to what the City
has asked, and they want a zoning permit but are not getting it until the
violation is resolved.
Commissioner Connor asked about
the TIA studies and wondered if there are parameters about when the studies
take place. City Planner McKibben said
the proposal specifically addressed the requirement to take into account
Homer’s unique seasonal traffic patterns.
INFORMATIONAL MATERIALS
Items listed under this agenda item can be HCC meeting minutes, copies of zoning violation letters, reports and information from other government units.
A. Zoning
Violation Table
B. Zoning
Violation letter dated 11/30/04 to Peter & Melissa Arno re: 1005 Skyline
Drive - Zoning Permit required.
C. Zoning
Violation letter dated 12/3/04 to Tony & Diane Romeril re: 1172 East End
Road - Noncompliant Sign.
D. Zoning
Violation letter dated 12/7/04 to Robert Simcoe re: 2169 Aspen Lane - Zoning Permit required.
E. Zoning
Violation letter dated 12/7/04 to Nazary & Anastasia Basargin re: 4464 Mariner Drive - Zoning Permit required.
F. Zoning
Violation letter dated 12/07/04 to Brad Drew re: 3774 April Place - Zoning Permit required.
G. Zoning
Violation letter dated 12/7/04 to Jessica Tenhoff re: 389 Grubstake Avenue - building area in excess of 30 percent of
the lot area.
H. City and
Borough of Juneau Chapter 49.70 Specified Area Provisions
COMMENTS OF THE AUDIENCE
Members of the audience may address the Commission on any subject. The Chair may prescribe time limits.
There were no audience comments.
COMMENTS OF THE COMMISSION
Commissioners may comment on any subject, including requests to staff and requests for excused absence.
Chair Chesley informed the
Commission that the Vanns have filed an appeal of the Commissions findings and
it will go to the City Council Board of Adjustments on January 24, 2005. He said he hasn’t heard anything from City
Attorney Tans on the Griswold appeal.
Commissioner Connor said she hopes
everyone has great holidays and will see everyone in January.
Commissioner Foster said he would be
absent at the January 5th meeting and hopes everyone has a wonderful
holiday.
Commissioner Pfeil said ditto.
Commissioner Hess thanked City
Planner McKibben for getting the information on line.
Commissioner Lehner said wetlands,
wetlands, wetlands.
Chair Chesley said that he had
wanted to get a card to send to Tom Bartlett but ran out of time so asked that
the Commissioners remember Tom and is family situation and remember all the
contributions he made to the Commission over his term, he carried a lot of weight
as a licensed general contractor helping with building codes, easement and
other things and he will be missed a lot.
He told the Commission if they know of anyone who is interested in
serving on the Planning Commission, get him their name and he will pass it on
to the Mayor. Chair Chesley thanked the
Commissioner for a year of hard work and thanked those who came on mid stream
for their participation and for becoming such crucial part of the group, they
have come up to speed so fast and are doing a great job. Chair Chesley thanked City Planner McKibben
for working with the Commission and all the things that they have accomplished
this year. He said he is looking
forward to working with her in all the things they have to accomplish in
2005. Chair Chesley thanked Deputy City
Clerk Jacobsen for enduring many hours of headphones and mixed conversations
and the job she is doing on the minutes.
Chair Chesley said he again wanted to acknowledge the members of the press
for hanging with them and doing such a good job reporting the Planning and
Zoning issues that are going on in the City.
He said there is some new stuff coming along and they are doing a good
job of making it interesting and understandable to the broader community. He invited them to make comments even though
they wear a journalistic hat and are trying to come from an independent point
of view, they are also members of the community.
Randi Sommers said that in the
business the journalists are in, they see way to much that they don’t like to report
and it is really great to have community members like the Commissioners that do
a good honest job of keeping the community safe and thanked the Commission for
doing the best they can for the community.
Chris Eschleman said that he has
been in Homer for three months and it has been a pleasure to work with so many
people who are so interested in what is going on around them.
ADJOURNMENT
Notice of the next regular or special meeting or work session will appear on the agenda following “adjournment”.
There being no further business to come before the Commission the
meeting adjourned at 8:38 p.m. The next
Regular Meeting is scheduled for January 5, 2005 at 7:00 p.m. with a
worksession to begin at 6:00 p.m.
MELISSA JACOBSEN, DEPUTY CITY CLERK
Approved: