Session 04-16, a
Special Meeting of the Homer Planning Advisory Commission was called to order
at
PRESENT: COMMISSIONERS CHESLEY, HESS, LEHNER,
PFEIL, BARTLETT, FOSTER (arrived late)
ABSENT: NONE
STAFF: CITY PLANNER MCKIBBEN
DEPUTY CITY CLERK
JOHNSON
CITY MANAGER WREDE
A quorum
is required to conduct a meeting.
All items on the consent agenda are considered routine and
non-controversial by the Planning Commission and are approved in one
motion. There will be no separate
discussion of these items unless requested by a Planning Commissioner or
someone from the public, in which case the item will be moved to the regular
agenda and considered in normal sequence.
A.
Time
Extension Requests
B.
Approval
of City of
C.
KPB
Coastal Management Program Reports
D.
Commissioner
Excused Absences
The agenda was approved by consensus of the
Commission.
APPROVAL
OF MINUTES
Commission
approves minutes, with any amendments.
A.
Approval of
the Regular Meeting Minutes of
B.
Approval of
the Special Meeting Minutes of
Chair Chesley asked for an amendment to Mayor
Cushing’s remarks as to Page 11 of the
The
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 approved by the Planning
Director, the Chair, or the Planning Commission. A Public Works representative may address
the Planning Commission.
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.
City Planner McKibben read the staff report and recommendations. Additionally, Item 4 was recommended that no construction begin until after the LID (Local Improvement District) has been implemented.
John Szajkowski, city resident and applicant, appeared
before the Commission. He said the LID
may come into question. His long term
construction plan is to frame and close in the building this Fall with no
occupancy until the sewer LID is complete.
Mr. Szajkowski said Public Works informed him the LID has passed and is in
the process of survey with construction to begin the summer of 2005.
PFEIL/LEHNER - MOVED TO ACCEPT STAFF REPORT PL04-49
AND STAFF RECOMMENDATIONS.
HESS/FOSTER – MOVED TO AMEND THE STAFF
RECOMMENDATIONS THAT THE APARTMENT NOT BE OCCUPIED UNTIL THE SEWER LID IS
COMPLETE AND CONNECTED, AS ITEM 4.
City Planner said allowing construction prior
to the LID completion is contrary to Homer City Code (HCC) 21.44.040 that
requires 10,000 sq. ft. per dwelling unit when water and sewer are
available.
VOTE: (amendment
to staff recommendations/LID) YES: FOSTER, PFEIL,
NO: CHESLEY,
LEHNER, BARTLETT, HESS
Motion failed.
HESS/BARTLETT – MOVED TO PROPOSE AN AMENDMENT
TO STAFF REPORT TO ADD STAFF RECOMMENDATION ITEM 4 THAT A ZONING PERMIT CANNOT
BE ISSUED UNTIL THE
Commissioner Lehner said the unit would not be
considered a residence until there is a kitchen facility. Chair Chesley said it is clear the applicant
intends an apartment residence, and in fairness to him the Commission would not
want to delay the zoning permit. Waiting
until the sewer LID is complete will streamline the process.
John Szajkowski, applicant, stated he was
amenable to construction on the second floor.
As a teacher his summer reprieve allows him more time to work on the
project. Mr. Szajkowski said if the sewer
LID is not completed as scheduled he has the option of expanding his current
sewage treatment system to provide for both residences.
Commissioner Foster said he supported the
applicant until hearing about an expansion to the current sewer system as it
would mean more erosion to the bluff.
Hooking up to City sewer will prevent more water within the soil,
specifically on
VOTE: (amendment to staff recommendations/zoning
permit)
YES: CHESLEY,
PFEIL, LEHNER, BARTLETT, HESS, FOSTER
Motion carried.
VOTE:
(original motion as amended)
YES: PFEIL,
HESS, BARTLETT, FOSTER, CHESLEY, LEHNER
Motion carried.
B. Staff Report PL04-50 Re: Proposed
Ordinance 04-33 Of The City Council Of Homer, Alaska Amending Homer City Code
Chapters 21.32, 21.48, 21.49 And 21.50 To Increase The Allowable Footprint Area
Of Buildings Used For Retail And Wholesale Business To 66,000 Square Feet In
The CBD, GC1 And GC2 Zoning Districts.
City Planner McKibben read the staff report and
recommendations. Chair Chesley provided
two letters of support to Ordinance 04-33 from Stan and Nikki Welles and Kerry
Plant.
Ray Kranich, city resident, said the special
election approved 66,000 sq. ft. building size limits for retail/wholesale
business and Ordinance 04-33 will provide clarification of Ordinance
04-11. The citizens of Homer desire a 66,000
sq. ft. [2]retail
business for better local availability of goods. Mr. Kranich thanked the Commission for their
diligent work and hours spent on the design standards. He said there is no reason why developments
of this size could not blend with the community. Mr. Kranich asked the Commission to send
approval of Ordinance 04-33 to the City Council.
Frank Griswold, city
resident, read a statement urging the Planning Commission to wait to make a
final decision on either Ordinance 04-33 or 04-34 until the court ruling. He said the City could face further
litigation in the event it has to rescind or revoke a zoning permit after
contracts are signed on the Fred Meyer store.
Mr. Griswold said the Commission should not speculate on the court
ruling, nor what the citizens thought on their vote. He said the box store ballot initiative added
a 66,000 sq. ft. limitation for the HCC and did not repeal the existing 35,000
sq. ft. limit for total retail space.
Mr. Griswold advised the Commission a repeal of the HCC would have to be
done by referendum. He believes the
sponsors of the initiative jumped the gun and guessed at language for Ordinance
04-11. While the size restrictions of
box stores may be confusing, they do not conflict with the existing code. When voters approve a ballot initiative the
City certifies the election and the initiative becomes effective.
Mr. Griswold said
Ordinance 04-11 was enacted three months ago and there is no significant
change. He noted that the Planning
Commission held 26 Worksessions, 18 Regular Meetings, and one Special Meeting
before they decided on the 35,000 sq. ft. limitation for retail/wholesale
space. The Community Design Manual (CDM)
was completed with 35,000 sq. ft. in mind.
Mr. Griswold said there are 36 whereas clauses in Ordinance 04-11. He urged the Commission to refrain from
jumping the gun as the sponsors did, and postpone reading of the proposed
ordinances until the court makes its ruling.
Jean Calhoun, city
resident, told the Commission her parents homesteaded on East Hill and she has
lived in Homer for 32 years. She would
not want to lose the current small businesses, but those businesses caused
smaller ones to fail when they arrived. She
said Homer’s economy is not favored when residents are forced to drive to Soldotna,
Kenai or
George Meeker, city
resident, relayed that his testimony in April favored the 66,000 sq. ft.
limitation. He does not believe growth
can be stopped in Homer and people should obtain their desires. He recommends the Commission do any necessary
paperwork and send the corrections back to the City Council. He questioned why the Planning Commission
didn’t advise the City Council of a legal problem prior to the election,
stating that after the vote he doesn’t see how the peoples’ will can be
negated.
Mary E. Wythe (Beth), 31-year
city resident, is in favor of Ordinance 04-33 and supports Homer’s growth. While the Planning Commission has done a lot
of work on the issue, there may be personal conflicts of some Commissioner’s on
a larger store. Ms. Wythe asked the
Commission to review the topic from the larger perspective, rather than the
individual impact. In the last thirty
years there have been businesses starting in Homer that have caused others to go
out of business. As a city resident Ms.
Wythe sees Homer failing and dying from financial insecurity. Some growth and new business will help
support the community. The public school
systems are failing as a direct result of people leaving the community as they
are unable to find local employment to support a family. Ms. Wythe said a small minority of residents have
good jobs with benefits. Children grow
up only to leave Homer. It is her
personal objective that in her own children’s lifetime they can return to Homer
to raise their children with a supportive economy.
Eileen Wythe, city
resident for 50 years, said she has seen many changes, as there was no road
when she arrived to Homer. She believes
in small growth, having come from a small community that experienced growth
from atomic energy. She knows what large
growth can do to a community and does not believe 66,000 sq. ft. of building will
impact Homer in a negative way. Ms.
Wythe asked the Commission to approve Ordinance 04-33, stating that she agrees
with both Beth Wythe and Jean Calhoun. She
approves all the work the Commission has done, with the exception of the size
limits.
Laurie Coates, city resident, said there has
been great testimony and she agrees with everyone who favors Ordinance
04-33. She believes the 66,000 sq. ft.
footprint should be approved as the people resounding said they want it. Ms. Coates asked the Commission to respect
what the people want, stating that everyone knew what size limit they were
voting on.
Rika Mouw, city resident, thanked the Planning
Commission for their hard work on the issue.
She said she is a stickler on clear wording of the ordinance. Although testimony this evening indicates the
vote was a clear voice, she knows people who were confused by the wording in
the special election ballot. Ms. Mouw said
it is dangerous to speculate on what voters want, but if the citizen’s intent
is truly the 66,000 sq. ft. size, that would be agreeable with her. It would still limit the retail /wholesale
size to 35,000 sq. ft. Ms. Mouw said if
the vote was not clear it may need to be done again.
Bill Smith, city resident, stated he was on the
Planning Commission when the size standards were made and it was never the
intent of the Commission to stop growth, but rather to guide how growth
occurred. He said the City Council
receives advice from the Planning Commission and it is not the Commission’s
role to work in the political realm.
Public input was important in forming recommendations for Ordinance
04-11. Mr. Smith was personally in favor
of a larger size limit than that adopted by the Council. The Planning Commission has to weigh a
compromise of interest in the community.
While there are conflicting ideas in the community, it is the
Commission’s role to accommodate those differences to guide the community’s
growth. Mr. Smith said the vote
indicated the public wants a different size limit than was enacted by the
Council. He said that needs to be
considered to achieve good planning with a balance of interest. Mr. Smith believes Ordinance 04-33 should be
amended to reflect a total building area limit of 66,000 sq. ft. in addition to
the footprint of the building. Although there has been no public discussion on
why 66,000 sq. ft. was the magic number, Fred Meyer talked about that size of building. Mr. Smith suggested postponing the
Commission’s recommendation to the next meeting (
Scott Ulmer, city resident, has operated a
business in Homer for 27 years. He is
not surprised with the outcome of the election, as people do not understand the
town’s economy. Bringing another
retailer to town will stress local businesses.
Although the Planning Commission and City Council expressed the desire
for a strong and open economy, Mr. Ulmer questioned how that could happen with
half of it going to one business. He is
concerned with Fred Meyer, but more so with the prospect of WalMart. He questioned why WalMart was not here and
answered that they knew the public’s opinion of a WalMart would be more
negative. Mr. Ulmer said WalMart was
sitting back to allow Fred Meyer to do their dirty work, opening up square
footage for a WalMart.
Mr. Ulmer urged people to look at history,
citing when Ulmer’s came to town they may have displaced businesses back in
1977. He said his major competitor Homer
Rexall was not displaced until Eagle arrived in 1988 causing a serious economical
impact. It took ten years for his
customer count to recover. A big store intends
to take over the vast majority of business that is already here. Fred Meyer has already solicited his
pharmacists, as Safeway tried to hire and buy them away from him. Mr. Ulmer has asked 100 people where they
would shop for groceries if Fred Meyer came to town and 90% said at Fred
Meyer. He wonders if Safeway could
survive if they lost half of their business as he knows he couldn’t.
Scott Ulmer said statistically across the
nation thousands of communities have suffered and are trying to figure out how to
block development and growth of the large retailers. WalMart has said by 2010 they want to control
50% of retail in the country. He
referred to Soldotna, questioning the growth since Fred Meyer arrived, noting
that the Kenai Mall is still empty for more than ten years. Mr. Ulmer said the Kenai Mayor approached him
with tax advantages to locate his store within
their building as they are desperately trying to expand their economy. Allowing an unfair player who packs a huge
club would be devastating as there is not a retailer in town who can compete. He has been coming to Homer for 50 years and
has seen how slow it has grown as there is no economic base and industry. He said it is frightening to see the
community hanging in a balance. Mr.
Ulmer asked the Planning Commission to reflect on the testimony and information
that brought them to their earlier decision on square footage. He urged the Commission to refrain from square
footage that will bring box stores. Mr.
Ulmer said the Commission had decided to protect the community with their
intelligent decisions and asked them to stick with the guidelines that will
create a positive economy for Homer.
HESS/FOSTER
– MOVED TO ADOPT STAFF REPORT PL04-50 WITH STAFF RECOMMENDATIONS.
Chair Chesley reported
he advised the City Manager the Commission would continue PL04-50 to the next
meeting agenda to allow for more time, in view of tonight’s full agenda.
FOSTER/LEHNER
– MOVED TO CONTINUE STAFF REPORT PL04-50 TO THE NEXT REGULAR MEETING.
VOTE: (motion to
continue) YES: LEHNER, HESS, FOSTER,
CHESLEY, PFEIL
NO:
Motion carried.
Chair
Chesley called for a recess at
C. Staff Report PL04-51 Re: Proposed
Ordinance 04-34 Of The City Council Of Homer, Alaska Amending Homer City Code
Section 21.48.040 (E)(1) To Read 45,000 Square Feet In The CBD, And Section
21.49.040(E)(2) To Read 55,000 Square Feet In GC1 East End Road, And Section
21.49.040(E)(3) To Read 25,000 Square Feet In GC1 Scenic Gateway.
City Planner McKibben
read the staff report and recommendations.
Frank Griswold, city
resident, stated he would like his previous comments to be entered into the
record for Ordinance 04-34. A conflict
in the HCC would still exist with this ordinance. He said many people have spoken tonight and
others have missed the point. This type
of zoning cannot be done with ballot initiative, and if it were allowed there
would be no need for a Planning Commission.
Mr. Griswold heard Councilmember Stark say that small businesses would
adapt and thrive with competition. While
he is not sure of Mr. Stark’s expertise on the subject, he has not heard one
single local business owner supportive of the extended size cap. He questioned why the ballot was so
convoluted and didn’t simply say we want Fred Meyer. He compared the initiative to the method of
weighing a pig back on his farm in
George Meeker, city resident, said he was happy
to testify again. He said businesses
survive by the fittest. He is in favor
of the initiative and is not sure how it went on the ballot incorrectly. He said we have to allow progress. Currently there are no limitations on new
hotels, bed and breakfasts or charter boats.
Mr. Meeker said as a farmer all his life he bought acreage and put two
or three little farmers out of business.
That is progress. He lived in a
small town with a population of 7,500 and a Gibson store (like a small Fred
Meyer) came into town and other businesses thrived. The little town grew to 30,000 and now there
is a WalMart, Home Depot and every kind of store you can think of. He said he is not interested in putting
people out of business, but you can’t keep people from starting a
business. People will not come to Homer
if they think they can’t prosper. He
urged the Commission to get the 66,000 sq. ft. proposal back to the City
Council.
Beth Wythe, citizen of Homer, is supportive of
the voter’s desire for a 66,000 sq. ft. cap.
She hopes that Ordinance 04-34 is continued with Ordinance 04-33. As a former employee of Homer Rexall, she
said Ulmer’s had the largest impact on Rexall’s failure. Looking at the issue from Mr. Ulmer’s semi-protectionist
point of view is inappropriate. Ms.
Wythe spends a lot of money in Kenai, Soldotna and
Ray Kranich, city
resident, said Ordinance 03-34 does not eliminate the conflicts in the
Code. Waiting until the current
litigation is decided could drag the issue on for several years, as prior court
proceedings elevated to the State Supreme Court level. Since there is no clear definition if the
voter has the right to decide zoning issues, the matter will most likely go to
the Supreme Court. Mr. Kranich, as the
primary sponsor of the initiative, said the 66,000 sq. ft. number came from a
scenario presented by the
Chair Chesley explained the
Scott Ulmer, city resident, said the Homer
Comprehensive Plan (HCP) encourages the City to work with private business and
property owners to insure Homer’s unique cultural identity is not lost to
national market. A balance of open space
in the business commercial area should be maintained. The City put tremendous effort into the plan,
deciding to help protect Homer’s economy and business environment. Mr. Ulmer said America-free-for-all is sure
not the case or we would have one airline, one bank, one telephone and one
insurance company. All industries have
regulation and control, as the big companies have the ability and power to weaken
and destroy their competition. The
Government has stepped in to regulate industry, allowing competition to the general
public. The retail industry has been
lagging until Sam Walton came on the scene.
There used to be 8,500 True Value stores and pharmacies across the
country and now there are half that amount.
The Feds haven’t stepped in to the retail industry to oust WalMart from
the scene, but have left it to the local communities. Fred Meyer laughed and smirked at Palmer as
there were no ordinances to prevent them from building any size store. Home Depot in Kenai is a building yard that
is now selling fishing tackle in their Kenai store. They are the only Home Depot in the country
that stocks fishing tackle and are going to kill dozens of sporting
goods/tackle stores in Kenai. Mr. Ulmer
said stores such as theirs are predators that come in where there is money to
be made. They are coming after the
grocery, pharmacy, health and beauty, music and fast food business.
Mr. Ulmer stated that many restaurants in Homer
are already closed in the winter due to hard times. He questioned why there are not Chevy, Mercedes
Benz, Subaru or
Mr. Ulmer asked the Planning Commission to
review the HCP and try to protect the economy, creating an environment for a
growing community. People will be
looking at Homer to start a business here as they figure they have a chance. The reality of the Homer economy will sink in
by September and gel by April and they will see the loss of money for
months. Mr. Ulmer said after 27 years of
doing business in Homer he is still struggling.
When he first expanded his store sales increased by 12%, the second year
5% and the third year 2%. He hit the
perimeter of the pie and further expansion to his business would not gain any
more profits, as the pie is only so big.
He agrees with Mr. Griswold on the voting issue comparing it with asking
our kids if they want to stay up late and watch R-rated movies and eat junk
food. He said it sounds fun but they
don’t see the other side. That is what
happened in the election, as the residents did not see the other side. When Eagle came to town Mr. Ulmer’s mall
value dropped, the economy crashed and many small businesses closed. Fifteen years ago there was economic
devastation with several closed businesses making Homer a sad and dilapidated community. He urged the Commission to stand behind the HCP
decisions that were made and support the square footage that protects the
economy of our community.
Jean Calhoun, city resident, said her parents
homesteaded on East Hill and she has lived in Homer for 32 years. She said there have been many changes since
1956 and her memories were of the stores back then. She said Homer is large enough to deserve
more services including stores with clothing, underwear and socks. She believes people across the bay would stop
in Homer to shop and Ninilchik residents may be tempted to come to Homer. Ms. Calhoun is in favor of Ordinance 04-33,
but opposes Ordinance 04-34. She stated
Homer needs an environment where growth can happen.
Laurie Coates, city resident, agrees with Ms.
Calhoun adding that people from Ninilchik, Clam Gulch, and Anchor Point would
drive to Homer to shop. Surrounding
businesses would be helped with their visits.
Ms. Coates operates a charter business and bed and breakfast. She shops up the road and on the internet for
availability. She does not believe we
need another grocery store, although supports the 66,000 sq. ft. store for
variety and selection. She said business
is survival of the fittest and they wouldn’t be coming to town unless they
thought they could make a living. Ms.
Coates said she supports Ordinance 04-33 and opposes Ordinance 04-34, adding
that she understood what she was voting on.
Eileen Wythe, 50-year city resident, said she
had only heard one retail person testify tonight. In 1946 her family started Wythe and Son
Builders Supply which was a thriving and viable business until 1980. The business did not dissolve from
competition or any other reason that was mentioned tonight, but rather from the
death of her husband. Ms. Wythe was left
with three children to raise and a full-time job. She had to sell the business as she could not
run it with all the other responsibilities.
Ms. Wythe added that W&W Auto Parts is now the
Chair Chesley thanked everyone for attending
tonight to express their different views and is appreciative of the kindness
shown by everyone.
PFEIL/HESS – MOVED TO
ADOPT STAFF REPORT PL04-51 WITH STAFF RECOMMENDATIONS.
Commissioner Bartlett
said the final vote may be made in a meeting he will miss. He is in favor of postponing Ordinances 04-33
and 04-34 until he returns. He strongly
agrees with the legitimate reasoning of Mr. Griswold to postpone for the legal
decision. After a year and a half of
serving on the Task Force and Commission and listening to public testimony he believes
the 66,000 sq. ft. approved by the voters is for a building. Time was spent developing the right standards
for the town and they are pure and simple.
Commissioner Bartlett said Mr. Griswold has many strong points and his
conclusions will be the outcome. He said
there are a lot of legal issues if we do allow the issue to move forward. The issue with the 66,000 sq. ft. was
confusing to the voters and if it had been clearly stated perhaps the vote
would have been different. He said we
all want to make the right decision and possibly in eight to ten years down the
road a 66,000 sq. ft. or 100,000 sq. ft. building will fit into the town. He said he prefers the Planning Commission’s
original recommendations go to the Council and those may need to be postponed.
Chair Chesley said it was his desire to
continue the matter to the next meeting.
He asked that the City Manager return to listen to his remarks regarding
the legal and political process of the Commission.
Chair Chesley said the legal process is in
place and it doesn’t have any bearing on what the Planning Commission does, or
what jobs the City Council asks of the Commission. The legal process is on track and it will
keep going at its own pace. The political
process allows the City to legislate and make ordinance changes while the legal
process is going. The Planning
Commission process allows for public hearing and a subsequent meeting to
discuss issues if desired. The
Commission may review and absorb the public’s comments and send something
meaningful back to the City Council.
City Planner McKibben recommended that she be
allowed to report to the City Council that public hearings were held, the
number of people that testified and
recommendations would be made for their next meeting (August 9,
2004). Chair Chesley agreed that made
good sense and invited the public to hear the Commission’s discussion at the
PFEIL/LEHNER – MOVED TO CONTINUE STAFF REPORT PL04-51
TO THE NEXT MEETING.
VOTE: YES:
FOSTER, PFEIL, CHESLEY, LEHNER, BARTLETT, HESS
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.
HESS/LEHNER – MOVED TO
ADOPT STAFF REPORT PL04-41 AS AMENDED.
Commissioner Hess said
the applicant was given the chance to respond to easement questions and had not
yet done so, therefore the Commission should move forward.
VOTE: YES: NON
OBJECTION. UNANIMOUS CONSENT.
Motion carried.
B. Staff Report PL 04-43 Re: DeGarmo
Subdivision No. 2 Preliminary Plat - POSTPONED FROM JUNE 16, 2004 HAPC MEETING
City
Planner McKibben read the staff report and staff recommendations.
Kenton Bloom, licensed
surveyor and applicant’s representative, said there was over 20,000 sq. ft. of
contiguous square footage in the developable area. The pond is a temporary entity for a research
process relating to the ground water on
As to Item 1 Mr. Bloom submitted a map defining
the replat of Lots 13A and 13B to show developable area above the bluff. In reference to Item 2 he provided a letter
from Coble Geophysical Services (CGS) dated
Chair
Chesley called for a recess at
Mr. Bloom said the owner’s intention is to
clearly develop the property within the regulations of the City of
Commissioner Hess asked Mr. Bloom for
clarification on the CGS letter. Mr.
Bloom said it looks like someone dug a hole to study ground water, a raw
excavation site. The pond will be eliminated
before completion of the plat and certainly before the request for a zoning
permit. He said it is likely there will
no longer be a pond when there is further discussion.
Chair Chesley said if there were a setback
issue related to the pond it would eliminate the setback issue as to Item
2. City Planner McKibben said the setback
was a condition of the State rather than the City. Chair Chesley said the Borough would have to
accept the septic plan before passing the preliminary plat. Mr. Bloom said the KPB does not review
wastewater disposal plans at the end of the process, but rather finds an
engineer in the beginning to review the wastewater plan.
Colette Ireland, city resident, said she owns
two houses adjacent to Michael Yourkowski on
Chair Chesley interrupted Ms.
Ms.
Ms.
Mr. Yourkowski’s property warranty deed states
it is a one family personal dwelling.
There is a home and a shop on the property. Ms.
Ms.
Commissioner Hess said the Commission has to
decide if the CUP meets the intent of the subdivision code. He said zoning violations do not pertain to
the plat issue before the Planning Commission.
Chair Chesley explained that Ms. Ireland was demonstrating there was a
history or non-compliance and violations for respecting neighbor’s rights. He said there was a limited scope the
Planning Commission could consider and said many of the issues would need to be
referred to the KPB.
Rika Mouw asked for clarification on the septic
system requirements and City Planner McKibben explained that the City’s rural
residential zoning code requires 40,000 sq. ft. for an individual well and
septic. The zoning code does not differentiate
between developable area and the legal lot size. Commissioner Lehner added the requirement was
20,000 sq. ft. for either public sewer or water and a cistern is considered
public water. If both public sewer and
water are used the requirement is 10,000 sq. ft. Ms. Mouw questioned the driveway access and
City Planner McKibben said driveways are not considered at the platting
process.
Ms. Mouw is very concerned about the bluff
flooding and drainage. She is sorry the zoning
code cannot address safety matters and land endangerment issues. Ms. Mouw said her rights and property are also
at stake.
Mike Yourkowski, city resident and applicant,
said everyone is concerned with the drainage problems and the neighbors have
come together to hire Geoff Coble. Mr.
Yourkowski stated he would follow Mr. Coble’s recommendations regarding the pond. At this point Mr. Coble has recommended the
pond not be filled. Mr. Yourkowski said
Commissioner Bartlett clarified with Mr. Yourkowski
that he did not intend on filling the pond.
Mr. Yourkowski answered he would follow Mr. Coble’s recommendations
which did not include filling the pond at this time. Commissioner Bartlett stated that was
contrary to Mr. Bloom’s testimony.
FOSTER/LEHNER – MOVED TO ADOPT STAFF REPORT PL04-43
AS AMENDED WITH STAFF RECOMMENDATIONS.
Commissioner Hess asked if there was anything
in the preliminary plat that didn’t meet the intent of the Code. Commissioner Foster said the Commission was
learning about erosion concerns and hearing that it may be knowingly or
adversely impacting other properties.
Commissioner Hess questioned if the City uses both the Borough and our
own subdivision codes for evaluating a preliminary plat. Chair Chesley said the City works from their
own standards and the Borough has their own.
Chair Chesley called for a recess at
Commissioner Hess questioned if the section
line would have any bearing on the subdivision regulations. Chair Chesley said the Planning Commission
takes the concerns along
FOSTER/HESS – MOVED TO AMEND STAFF
RECOMMENDATIONS TO ADD ITEM 4 - INFORMATION IN THE STAFF REPORT AND NEW
INFORMATION SUBMITTED TODAY WILL BE SUBMITTED TO THE
VOTE: YES:
NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
FOSTER/PFEIL – MOVED TO ADD ITEM 5 –
INFORMATION IN THE PACKET AND SUBMITTALS AT THE MEETING BE PROVIDED TO LANI
EGGERTSEN-GOFF, CITY PERMITTING AND ENFORCEMENT OFFICER FOR REVIEW.
VOTE: YES:
NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
HESS/LEHNER – STAFF
RECOMMENDS THE COMMISSION APPROVE THE PRELIMINARY PLAT AS THE APPLICANT HAS
DEMONSTRATED THE FOLLOWING:
ITEM 1 – THERE IS
20,000 SQ. FT. OF DEVELOPABLE CONTIGUOUS AREA FOR BOTH LOTS.
ITEM 2 – IT IS POSSIBLE
TO INSTALL DEC APPROVED SEPTIC SYSTEMS ON BOTH LOTS OUTSIDE THE 100’ SETBACK
FROM THE POND.
ITEM 3 – THE SECTION
LINE EASEMENT HAS BEEN VACATED OR HAS NEVER EXISTED ON THE PROPERTY.
ITEM 4 – INFORMATION IN
THE STAFF REPORT AND NEW INFORMATION SUBMITTED TODAY WILL BE SUBMITTED TO THE
ITEM 5 - INFORMATION IN THE PACKET AND
SUBMITTALS AT THE MEETING BE PROVIDED TO LANI EGGERTSEN-GOFF, CITY PERMITTING
AND ENFORCEMENT OFFICER FOR REVIEW.
VOTE: YES:
NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
HESS/PFEIL – MOVED TO
REMOVE STAFF RECOMMENDATION ITEM 2.
VOTE: YES:
NON OBJECTION. UNANIMOUS
CONSENT.
Motion carried.
The items are modified
as follows:
ITEM 1 – THERE IS
20,000 SQ. FT. OF DEVELOPABLE CONTIGUOUS AREA FOR BOTH LOTS.
ITEM 2 – THE SECTION
LINE EASEMENT HAS BEEN VACATED OR HAS NEVER EXISTED ON THE PROPERTY.
ITEM 3 – INFORMATION IN
THE STAFF REPORT AND NEW INFORMATION SUBMITTED TODAY WILL BE SUBMITTED TO THE
ITEM 4 - INFORMATION IN THE PACKET AND
SUBMITTALS AT THE MEETING BE PROVIDED TO LANI EGGERTSEN-GOFF, CITY PERMITTING
AND ENFORCEMENT OFFICER FOR REVIEW.
Commissioner Foster stated he cannot support
the motion as presented.
VOTE: (main motion to adopt staff report with
amendments)
YES: HESS, BARTLETT, CHESLEY
NO: PFEIL, FOSTER, LEHNER
Motion failed.
C. Staff
Report PL04-52 Re: W. R. Benson’s Subdivision Laukitis Replat
Preliminary Plat
City Planner McKibben
read the staff report and staff recommendations.
PFEIL/LEHNER – MOVED TO ACCEPT STAFF REPORT
PL04-52 AND STAFF RECOMMENDATIONS.
VOTE: NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
D. Staff Report PL04-53 Re: Cooper
Subdivision Clay Addition Preliminary Plat
City Planner McKibben read the staff report and
staff recommendations.
Phil Clay, applicant, talked with the surveyor
Roger Imhoff who had been in contact with
HESS/BARTLETT
– MOVED TO ACCEPT STAFF REPORT PL04-53 WITH STAFF RECOMMENDATIONS.
Commissioner Lehner questioned if density was
defined in the Code and Chair Chesley explained that the adopted Ordinance
04-11(A) contains a new list of definitions, although low or high density is
not defined. City Planner McKibben added
that density is not addressed in the zoning code. The majority of the Commissioners expressed
their opposition to flag lots, adding that when the Code is updated
constructible lots should be a requirement.
The Commissioners acknowledged the letter from Patti and Brendan Boily and
stated that Public Works must handle the water and sewer issues. Additionally, subdivision activity that was
against the terms of the permit will be referred to
VOTE: YES:
NON OBJECTION. UNANIMOUS CONSENT.
Motion
carried.
Chair
Chesley called for a recess at
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 PL04-48 Re: Request to
Amend Conditional Use Permit 04-3/Homer Hockey Association for Indoor
Recreational Facilities including Ice-skating Rink, Social and Cultural Events
Located at
Chair
Chesley said there was no new staff report.
Questions for the City Attorney from the
Frank
Griswold, city resident, told the Commission he likes hockey, played it in
college and still skates. He supports
the Homer Hockey Association (HHA) and their effort to bring the Olympics to
Homer. Mr. Griswold supports the HCP and zoning code and does not see HHA’s
request provided in the plan. The plan
is general and stray phases may support any plan. The overall intent of the Plan does not
encourage temporary, inflatable or phased construction. HHA is innovative and has the support to find
a means for the project to fit the code.
The conditional use application is not designed to relax the zoning
standards, but rather apply conditions to minimize adverse effects. Mr.
Griswold said the language for variances in the HCC indicates a financial
hardship or inconvenience are not grounds to approve a variance. The CUP should not be used for a variance. He encouraged the Commission to follow the HCP. He said it was his understanding the
inflatable structure would only be in place until the soil stabilized, although
he is skeptical it will only be a temporary structure. In closing Mr. Griswold said he supports the
HHA but does not want to see the code torn apart to accommodate them.
Chair
Chesley said it was unclear how the air structure would benefit the
construction process from prior talks with HHA.
He added that the request for the temporary structure was not for fund-raising
issues. Mr. Chesley read a letter from
consulting engineers PND, Inc. who said the inflatable structure will aid the
surcharge effort.
Chair
Chesley told the Commission as part of the construction process it would be
appropriate to allow HHA to proceed with the following conditions:
Commissioner
Bartlett declared to the Commission he was excused from discussion of the CUP
at the last meeting due to possible monetary interest in the proposed
building. His company withdrew their
offer and has had no contact with HHA.
In all honesty Mr. Bartlett related that he knows engineers have
discussed his prior proposal with suppliers.
At this point Commissioner Bartlett declares he has no monetary involvement
in the project.
By
consensus the Commission found no conflict and determined Commission Bartlett
was free to participate in discussions.
In
response to Commissioner Bartlett’s question of the joint signatories, Chair
Chesley explained the City Council would not be able to take action to
guarantee the completion of the project.
The City is willing to commit to a MOU (Memorandum of Understanding) and
to the terms of the CUP and at the expiration of the term they would see that
the structure came down. City Planner
McKibben added that she spoke with City Manager Wrede following the last
meeting and he explained he could not take that question to the Council as it
may financially obligate future Councils.
She said amending or adding an addendum to the MOU would specify removal
of the structure when the CUP required. Chair Chesley said without the Council’s
approval the CUP does not go forward. If
HEA has to sign on as a property owner they would be an accountable party if
HHA did not comply with terms of the permit.
He said it will provide the necessary teeth and prevent re-writing the
code to meet the need of a special interest group.
Commissioner
Hess said the surcharge of the soil would still take place without the
building. Other structures are requested
that will not have anything to do with construction. Phase construction is not dealt with in a
CUP. Mr. Hess believes the building
needs to stand on its own merits.
Commissioner
Bartlett and Lehner expressed their agreement that using the air structure to
cover the surcharge is not a legitimate justification for phase construction. Commissioner Bartlett said there were
alternatives to consolidate the surcharge.
Commissioner Hess said in removing HHA from the equation and focusing on
the air structure in the CBD he opposes the request. He struggles with the public good from the
facility. Chair Chesley said reasonable
consideration within parameters should be given to any developer. He added it was more appropriate to follow
this direction than to define a temporary structure. Commissioner Bartlett said he believes
allowing the CUP will set a precedence to allow jury-rigging of the code.
FOSTER/LEHNER – MOVED
THAT HOMER ELECTRIC ASSOCIATION AS THE PROPERTY OWNER AND THE CITY OF
VOTE: YES:
NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
FOSTER/PFEIL – MOVED
TO ALLOW HOMER HOCKEY ASSOCIATION TO ERECT AN INFLATABLE STRUCTURE AS AN
INTEGRAL PART OF THEIR CONSTRUCTION PROCESS AND MUST BE REMOVED BY APRIL 2006.
VOTE: YES:
LEHNER, HESS, FOSTER, CHESLEY, PFEIL
NO:
Motion carried.
Chair Chesley asked
for a condition of the CUP that HHA can erect an air supported structure in one
of Homer’s commercial districts for the purpose of the 2006 Arctic Winter Games
special event subject to review by Public Works, City Manager, Homer Volunteer
Fire Department and Homer Police Department.
City Planner McKibben
said the condition of the CUP was not appropriate as it does not go to the City
Manager for review.
Commissioner Bartlett
asked if anyone had suggested to HHA that the air structure be placed at
Commissioner
Lehner questioned why the specific element was needed. Chair Chesley answered the need for the
element was if HHA purchases the air structure, uses it in their engineering
plan and later determines they will not get the flexibility for other special
events. Chair Chesley asked for a
determination of nothing in the code to prevent HHA from erecting an air
supported structure to solely host the Arctic Winter Games. City Planner McKibben said she wouldn’t have
an answer tonight as she was unable to confer with the City Attorney. Mr. Chesley withdrew his request.
Commissioner
Hess said deliberating the issue without the City Attorney’s input is another
objection he has with the CUP.
Commissioner Bartlett said the matter was being pushed through so HHA
could receive funding related to money issues.
LEHNER/PFEIL – MOVED
THAT ANY CONSTRUCTION STRUCTURES AS IDENTIFIED IN THE JULY 21, 2004 MEMORANDUM
BE TAKEN DOWN AND DISASSEMBLED BY APRIL 2006.
VOTE: (amendment)
YES: FOSTER, PFEIL, CHESLEY,
LEHNER, BARTLETT, HESS
Motion carried.
PFEIL/LEHNER – MOVED
TO AMEND STAFF RECOMMENDATION ITEM 1 THAT ALL AUXILLARY STRUCTURES WILL BE
REMOVED BY APRIL 2006.
VOTE: YES:
NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
LEHNER/PFEIL – MOVED
TO STRIKE ITEM 2.
VOTE: YES:
NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
The staff
recommendations are as follows.
1. ALL AUXILLARY STRUCTURES WILL BE
REMOVED BY APRIL 2006.
2. THE PROPERTY OWNER AND THE CITY OF
3. CONSTRUCTION STRUCTURES AS IDENTIFIED
IN THEIR
VOTE: (main motion)
YES: LEHNER, CHESLEY, FOSTER,
PFEIL
NO: BARTLETT, HESS
Motion failed.
Chair Chesley
suggested the remaining staff reports be continued to the next regular meeting
due to the late hour.
PFEIL/LEHNER – MOVED
TO POSTPONE COMMISSION BUSINESS ITEMS B, C AND D TO THE
VOTE: YES:
NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
B. Staff Report PL04-57 Re: Proposed
Resolution 04- to amend the Community
Design Manual. – POSTPONED FROM SPECIAL HAPC MEETING OF JULY 14.
C. Staff Report PL04-55 Re: Location
Of Speed Sign On The
D. Staff Report PL04-56 Re: Review
Of HCC 21.42 Zoning Permit
REPORTS
A.
Borough
Report
Commissioner Foster said a number of Borough
properties will go on the auction block and one is on the outskirts of the
City. It is next to the ski trails,
gravel sales and by the private water company.
A request from administration is to turn a quarter of the 40-acre parcel
into light industrial. Mr. Foster
recommended it be recreation and also to follow the Kachemak Bay Advisory
Planning Commission to zone the ¼ piece as rural residential. A representative from Anchor Point
recommended that the entire lower half be zoned industrial. All proposals lost. The lower ¼ was zoned industrial by the
Borough and will now go to the Assembly.
He advised anyone with a differing preference may testify before the Assembly. The Borough does look to the City for their
recommendations. Mr. Foster asked to
invite Mary Toll to the Commission’s meeting for her input.
B.
PLANNING DIRECTOR’S
REPORT
None.
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 letter to Paul Heuper dated
B. Zoning Violation letter to David
Gilbert dated
C. Zoning Violation letter to Bart Chow
dated
D. Zoning Violation letter to Mark &
Isabelle Halpin dated
E. Letter to James Dolma dated
F. Gordon Tans review of Fraiman permitting
issues dated
G. Living With Tourism.
H. New Lighting Demands Play Increasing
Import Role in Parking Facilities.
I. Design Review Comes to My Garden.
J. Keeping Small Towns Small.
K. Baby,
It’s Code Outside.
L.
Calendar
for July 2004.
Comments
on Informational Materials were deferred to the
COMMENTS OF THE
AUDIENCE
Members of the audience
may address the Commission on any subject.
The Chair may prescribe time limits.
Bill Smith, city
resident, said there was confusion when parcel was added into the requirements
for a permit. When the use of a parcel
is changed it requires a permit.
Frank Griswold said
the Planning Commission set a dangerous precedent by allowing a two-year temporary violation of the Code. The Commission told Mr. Griswold the CUP
did not pass, as a five person affirmative vote was required. Mr. Griswold said next time someone will
ask for three, six or ten years and then an extension of the CUP. He said the request for the CUP was a financial
hardship. If phase or temporary
development was allowed they are not identified as conditional uses and would
be void.
COMMENTS OF THE
COMMISSION
Commissioners may
comment on any subject, including requests to staff and requests for excused
absence.
Commissioner Bartlett was excused from the
Chair Chesley announced the
Commissioner Hess stated the HHA application was the hardest decision
he has had to make as a member of the Planning Commission. He said the Commission needs to deal with
conditional uses when carnivals come to town and it seems strange they do not
have to make application for a permit.
City Planner McKibben announced that the Planning Department is
overbudget on their subsistence, which means they are out of money to buy
meals. She said the account was budgeted
the same as last year and the shortage is an indication of the number of Worksessions held.
ADJOURNMENT
Notice of the next
regular or special meeting or work session will appear on the agenda following
“adjournment”.
There being no further business to come before
the Commission the meeting adjourned at
_________________________________
JO JOHNSON, DEPUTY CITY CLERK
Approved:_______________________
[1] Clerk’s note: After
listening to the audio portion of Mayor Cushing’s comments it was confirmed the
contents were correctly reported. As a
result, no changes were made to the
[2] Although not stated by Mr. Kranich, the Planning
Commission requested that “footprint” be added to his description of the 66,000
sq. ft. building.