Session 06-21, a Regular Meeting of the Homer Advisory Planning Commission was called to order by Vice Chair Hess at 7:07 p.m. on August 2, 2006 at the City Hall Cowles Council Chambers located at 491 E. Pioneer Avenue, Homer, Alaska.

PRESENT: COMMISSIONERS: FOSTER, HESS, KRANICH, MINSCH, ZAK

ABSENT: CHESLEY, PFEIL (excused)

STAFF: CITY PLANNER MCKIBBEN

DEPUTY CITY CLERK JOHNSON

CITY MANAGER WREDE

PUBLIC WORKS DIRECTOR MEYER

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. Tsunami View Subdivision

2. Tulin Terrace Subdivision East Terrace Addition

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

C. KPB Coastal Management Program Reports

D. Commissioner Excused Absences

1. Lane Chesley

2. Fred Pfeil

ZAK/MINSCH – MOVED TO ADD ITEM A UNDER OLD BUSINESS GATEWAY – WRITE MEMO TO CITY COUNCIL REQUESTING INPUT AND CHANGE THE WORKSESSION TO A SPECIAL MEETING AND SHIFT AGENDA ITEMS DOWN.

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

KRANICH/FOSTER – MOVED TO PULL A-2 TULIN TERRACE SUBDIVISION EAST TERRACE ADDITION FROM CONSENT AGENDA AND PLACE UNDER NEW BUSINESS.

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

ZAK/MINSCH – MOVED TO APPROVE THE AGENDA AS AMENDED.

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

APPROVAL OF MINUTES

Commission approves minutes with any amendments.

A. Approval of May 11, 2006 special meeting minutes

KRANICH/FOSTER – MOVED TO ACCEPT THE MAY 11, 2006 MEETING MINUTES AS AMENDED.

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

B. Approval of May 31, 2006 special meeting minutes

KRANICH/FOSTER - MOVED TO APPROVE THE MAY 31, 2006 MEETING MINUTES.

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

C. Approval of June 7, 2006 regular meeting minutes

KRANICH/FOSTER - MOVED TO APPROVE THE JUNE 7, 2006 MINUTES.

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

D. Approval of June 14, 2006 special meeting minutes

FOSTER/KRANICH - MOVED TO POSTPONE APPROVAL OF THE JUNE 14, 2006 MINUTES UNTIL REFERENCE TO DISCUSSION IS COMPLETED.

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

E. Approval of July 12, 2006 special meeting minutes

KRANICH/MINSCH - MOVED TO APPROVE THE JULY 12, 2006 MEETING MINUTES.

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

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.

There was no public comment.

RECONSIDERATION

A. Staff Report PL 06-88 Vacation of a portion of Kallman Road Right of Way Reconsideration, See item D under Old Business

KRANICH/MINSCH - MOVED FOR RECONSIDERATION RE: ACTION ON STAFF REPORT PL 06-88 VACATION OF KALLMAN ROAD RIGHT OF WAY.

Commissioner Kranich moved for the reconsideration to staff time to consult the City Attorney to verify proper notification was given to adjacent property owners. Assurance has been received from the City Attorney that notification was done correctly.

VOTE: YES. FOSTER, MINSCH

VOTE: NO. ZAK, KRANICH, HESS

Motion failed.

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 06-65, CUP 06-07, Fred Meyer, Request for a Conditional

Use Permit for a Fred Meyer Retail Store over 15,000 Square Feet

In consideration of the large audience Vice Chair Hess asked for a three minute time limit on public testimony.

Valerie Connor, city resident, thanked the Commission for allowing extra public testimony. The current design fails to fulfill the expectations or the requirements of the community. There are two fatal flaws. The Conditional Use Permit (CUP) must satisfy HCC 21.51.020(c) – be in harmony with the community plan and the surrounding land use. Staff’s findings fail to illustrate how Fred Meyer is in harmony with the Town Center Development Plan (TCDP). In locating within the Town Center Fred Meyer must be required to comply with additional standards the location demands. If they cannot comply they can consider a different site or redesign the development. The second condition required for the CUP is compliance with HCC 21.61.020(h) – conformance with the Community Design Manual (CDM). Fred Meyer plans to clear the entire 6.43 acres of existing vegetation. References in the City Code, Comprehensive Plan, CDM and TCDP encourage retention of native vegetation; zero retention is not an acceptable compromise. Ms. Connor also objects to the parking plan as HCC 21.61.105(g) states that parking lots and structures may not visually dominate Homer’s urban setting and should enhance the City’s aesthetic qualities and natural surroundings. City Code and the CDM state that no more than 50% of the parking can be located between the front façade and the abutting streets. Fred Meyer claims it is not practical to break up their parking lot due to site restrictions, but their real concern is about profitability. People want to park within a certain distance of the doors and they are unwilling to provide more entrances due to costs. In other actions the Planning Commission is forbidden to take financial hardship or inconvenience to the applicant into account. It is not unreasonable to expect Fred Meyer to design their development to comply with Homer codes and standards. Fred Meyer needs to start over by thoroughly reading the CDM and TCDP and come back with a design both they and Homer can be proud of. The design would incorporate native vegetation, local art, respect topography, views and drainages and provide open spaces and connectivity. The design should reduce impervious coverage, mitigate traffic concerns, reduce the building mass and scale and place the building closer to the setback line. Fred Meyer should offer goods and services that are not readily available and provide a unique and aesthetically appealing development that fits into our community and Town Center. This is the first time the new standards for large wholesale and retail development are being applied and every compromise will have implications for future developments. Ms. Connor thanked the Commission for their time and service to the community.

Elise Wolf, city resident, has returned to Homer after a 25 year absence. Her hometown is Anchorage and she has spent the last 10 years in Bend, Oregon. It is an excellent example of where Homer can go. Anchorage used to be a nice town before the five lane highways and box stores. There is now no hope of Anchorage recovering. Care should be given to land use limitations in Homer due to the bay and the hillside. The precedence can affect the future in irreparable ways for decades to come. The decision is whether a small rural community can stand up for itself and its citizens; or whether wealth and power can win out over community needs and wishes. Real estate values on property adjoining box stores is half. The question is if the Planning Commission will stand the pressure from Fred Meyer and large entities over the years to come. The following criteria do not meet the Town Center or CDM rules: traffic mitigation, consistency to Homer character, parking and landscaping. Fred Meyer simply does not fit Homer. The Bypass promises were for no grocery store. Fred Meyer needs to come back with a small town feel and quaintness as they do in Aspen or Jackson Hole. She said Homer needs to stay the way it is as people have put a lot of heart and soul into it. She urged the Commission to vote no on the Fred Meyer CUP.

Debbie Poore, city resident, thanked the Commission for the additional public hearing. She asked that Fred Meyer comply with city code, the TCDP and CDM. There are many examples in town of large buildings working with the natural terrain: Islands and Ocean Visitors Center, the new library, the Homer Public Library, City Hall and the high school. Each facility has incorporated natural terrain and parking lots with different levels. They have interesting architectural elements and are aesthetic additions to our community. Fred Meyer has a responsibility with the city to address traffic safety concerns for Main Street, Pioneer Avenue, Sterling Highway intersections and pedestrian crossings. They should be required to retain the undisturbed buffer of woodland between the Sterling Highway and their grounds. It is imperative the relationship be beneficial to our community. Fred Meyer has chosen to build in a prominent location and they need to represent our city in the style this community directs. She thanked the Commission for their extra hard work on the CUP and urged them to enforce the hard earned city codes.

Gloria Corey, city resident, Economic Development Advisory Commission member, said the town does not need more groceries. There is room for a department store to meet residents’ needs and specialty foods. She does not want to deter Fred Meyer, but believes they should follow the codes. She thanked the Planning Commission for their hard work.

Roberta Highland, city resident, is not a fan of Fred Meyer, but it does look like the big box store is coming. The Commission should demand it is done right and that the building codes are followed. She thanked the Commission for their work.

Carole Hamik, city resident, echoed Valerie Connor and Debbie Poore’s testimony. It is important to follow city code to not allow RV’s. She wants to see the trees stay. She is appreciative of the time and effort of the Commission and hopes it turns out nicer looking than Safeway.

Bob Shavelson, city resident, thanked the Planning Commission for their difficult work. He regrets there was no discussion whether a large retail box store was appropriate for the area. In looking at compliance with the city code, CDM, and TCDP some things are black and white while others are gray. Traffic improvement requirements are laid out in HCC 21.61.110 and Fred Meyer failed to incorporate any improvements to the traffic flow. The intersection of Main and Pioneer and Main and the Bypass will have inadequate situations with the increased congestion of the store.

City Planner McKibben stated at the July 12, 2006 meeting traffic was addressed. The applicant will obtain required access permits from ADOT for the Main Street and Sterling Highway accesses and any necessary mitigation agreements that may be required by ADOT. Such mitigation shall meet HCC 21.61.110 in recognition that city code has a higher standard of level of service than the state codes.

Mr. Shavelson said one councilmember has been heard saying if there are conditions to the permit that Fred Meyer does not like, they can simply appeal it to the City Council and some of the things will be stripped out. He said it was particularly odd to see Councilman Stark in the parking lot before the meeting having discussion with the Fred Meyer representatives. Ex-parte communication could disqualify him from any consideration if it came before the City Council. The only green space on Fred Meyer’s plan is marked future development and it should come as no surprise they will likely expand once they get their foot in the door. There has been no effort to blend the store into the community. Topography is going to be leveled and vegetation will not be retained. This is an important precedent and it is up to the Planning Commission to represent the public’s interests.

Jeanne Parker, city resident, said Homer is at a crossroads and has an advantage of saying play by our rules if you want to come to Homer. There is no big desperate economic need to allow Fred Meyer to flatten the beautiful area known as Town Center. It is a slap in the face to the people that have worked so hard. The topography is a concern, as parking lots are not only ugly, but environmentally devastating. There needs to be good planning in the green spaces and drainage needs to be respected and treated naturally. Ms. Parker agrees the high school, Islands and Ocean, the library and City Hall are all beautiful buildings. She said Fred Meyer does want to come and they can be told to play by our guidelines.

Janet Fink thanked the Commission for continuing the public hearing. Over the last few years she has watched and listened as her friends and neighbors have worked hard to develop a CDM and the TCDP. Countless hours produced building standards that found compromises between diverse opinions of Homer’s residents. Fred Meyer’s proposed construction is the first time the standards have been applied to a large building project. The CUP must satisfy the standards set forth in the City’s building code and the CDM. Fred Meyer should have no more than 50% parking area in the front of the building and attempt to retain as much vegetation as possible. They should retain the natural topography and maintain green and open space. She would like to see the traffic design with prior approval. She asked the Commission to vote against the current CUP.

Robert Archibald, city resident, said there are a lot of people that have worked many years on the Town Center and he doesn’t see how Fred Meyer will fit into the vision. A big box store is not aesthetically pleasing, and he hopes we do not have to look at it. He thanked the Planning Commission, stating they do a fine job.

Toby Tyler, city resident, said he has been in Homer long before you could drive to Anchorage. He is not approving of the changes. There have been many buildings to discuss making the building look better. If nothing else the 1% for the arts could provide murals on the buildings. The design is so much gray, why couldn’t some of the stones be painted a color or several colors? The parking could follow the curves of the ground and the building could be moved to the center of the area. Despite all the meetings, Fred Meyer never came back with any improvements and hasn’t tried to fit in at all. He doesn’t trade at Safeway although it would be nice to have other things available in Homer.

Frank Griswold, city resident, told Mr. Tyler to come see him if he needs underwear. Although some are under the impression all CUP applications must be approved, this is not the case. HCC 21.61.010 states in part: “The purpose of review shall be to determine that the characteristics of any such use shall not be incompatible with the type of uses permitted in the surrounding areas and for the further purpose of establishing reasonable conditions so that the basic purpose of this chapter shall be served. Nothing herein shall be construed to require the granting of a CUP.” In 1986 a CUP was requested for automobile sales on a ½ acre lot on Main Street adjacent to the proposed site of the Fred Meyer store. The Commission found, among other things, that this use was not in harmony with the Comprehensive Plan and would negatively impact neighborhood character. The 66,000 sq. ft. retail store could negatively impact the neighborhood and the entire community. Substantial conditions should be imposed to limit or eliminate the deleterious effects which include increased traffic congestion, environmental degradation, increased road maintenance costs, increased public safety costs, depressed property values and economic impact to the community. If the deleterious effects cannot be offset by imposing reasonable conditions the CUP should be denied. The Traffic Impact Analysis (TIA) suggests Hazel Street be extended to alleviate traffic congestion. Extending a city street is not a reasonable condition to impose upon a retailer. A covenant may prevent the extension. Alternate means to alleviate traffic congestion should be explored. Mr. Griswold quoted City Manager Wrede’s Memorandum 06-45 which stated “a 66,000 sq. ft. Fred Meyer and a 60,000 sq. ft. City Hall and all of the parking required would likely take up too much space in Town Center leaving little room for anything else.” The Commission should require Fred Meyer to reduce the size of its building to fit in with the TCDP. The City of Homer should not be forced to build City Hall somewhere else. Green spaces, pocket parks and trails are promised in the TCDP and would be reasonable conditions to require of Fred Meyer.

Dagney Anderson, better known as Sage, was born and raised in Homer. She cannot image the spot being anything but woods. A Fred Meyer in town is absurd and Homer does not need more grocery stores. An 11 year old boy said they would have Fred Meyer without clothing and electronics. She urged the Commission to think about it.

Jim Levine thanked the Commission for having the special public hearing. He is surprised Fred Meyer was negative on the CDM requirements. He thought they were stand up guys until he saw the negative impacts to the building code. He was intimately involved in the construction of the Islands and Ocean Visitors Center across the street. There were many different requirements for keeping the building with different facades. There are three different colors of red blocks. The split face rocks were selected to make a cliff that was a random pattern. There are four or five other types of siding on the Islands and Ocean building. They maintained as many of the trees as they could. There was a change order from Fish and Wildlife to cut down more trees as they were afraid they would fall. The bridge is built over the existing creek and willows were saved by changing the design. The traffic problems should be addressed by the Commission.

George Meeker, city resident, thanked the Planning Commission for the work they have done over the years. He has confidence the Commission and Council will work out a good plan and solve the problems. Homer is fortunate to have anyone of this size wanting to come into town and not require privileges to come in, such as reduced taxes. Fred Meyer will help people in the community and the surrounding area and benefit the town in tax revenue. We can’t stop the growth of Homer.

Donna Beran, city resident, thanked the Commission for their hard work and tons of hours expended. She thanked those on the Town Center committee also. She asked what are the hours put into establishing HCC, CDM and TCDP if Fred Meyer is not required to play by the rules. The policies are being put to the test. Many speakers before have established the ways Fred Meyer is not in compliance with their CUP. Why have the codes if they are ignored? We have a responsibility to our children to show integrity. There are many businesses that go above and beyond what Fred Meyer has put forth. It can be beautiful and offer something special to the community. It is a short sighted proposal that should be turned down and Fred Meyer should start again.

Sue Post thanked the Commission for the opportunity to speak on the issues that are not to be taken lightly. She has a twenty pound box of paperwork on the issue and a list of 100 different people that have spoken. Many on the large retail/wholesale structure task force spent a long time on issues, bringing in codes and standards from other cities across the country to help with the wording. Obviously Soldotna and Wasilla do not have codes and that is what Homer is trying to protect itself from. They are not trying to stop the growth, just the sprawl and ugliness. If Fred Meyer is not required to adhere to the codes we may as well throw them away. Fred Meyer can build to the codes and standards in place. Islands and Ocean and the high school worked with the topography. She encouraged Fred Meyer to go back to the drawing board. The parking lot is an area of concern as it is in front of the building. Green is shown on the plans for future development; there is clearly intent to make the store larger. Vegetation is a huge issue, and it is possible to keep some of the trees standing. A representative from Fred Meyer came into one meeting and said they were glad Homer was setting standards as they would build the same way they do in every other place. There is no reason Fred Meyer should not follow the building codes, the CDM, the TCDP and the Comprehensive Plan. The wetland issue and topography issue are concerns of Ms. Post.

A letter from William and Maryann Schlegelmilch encouraging the Commission to have Fred Meyer comply with development regulations was read by Ms. Post

Ginny Expenshade, city resident, asked the Commission to consider Valerie Connor’s points one by one. It is the Planning Commission’s responsibility. She doesn’t hold Fred Meyer responsible for the appearance of the building. They are responsible to their shareholders and the bottom line. It is our community’s responsibility to enforce the code and the Planning Commission represents the City.

MaryClare Foecke, city resident, thanked the Commission for the time and opportunity to speak. She urged the Commission to send Fred Meyer back and not sell ourselves short. They have received a D- grade and are capable of an A. This is precedence setting. Take the time to hold Fred Meyer accountable and not come in and violate the code. There is no town that is noteworthy for its beauty, desirability and economic success that doesn’t scrupulously safeguard its green spaces and aesthetics of development. Nobody wants to stop the growth of Homer; we want it done well. She questioned at what cost will Fred Meyer do well? She urged the Commission to send them back to the drawing board.

Devony Lehner passed out photos to the Commission. She expressed her gratitude to the Commission, stating she was glad she was not sitting there. Codes are being tested and it is important to set precedence. The first photo depicted a walled garden in Ireland, which is often used in northern climates. Looking at concealing the huge gray wall in a positive way is needed. The other photo showed concealment plantings in an 8 to 12 ft. space adjacent to stone walls, against the wall. There are shorter flowering trees, a shrub layer and then flowers. It would be taking advantage of the warm micro climate to conceal the building. Ms. Lehner said the four layer concealment plantings on blank walls, the green roof system, art work, and future development as lands area is needed. Preserving the undisturbed naturally vegetated berm along the Sterling Highway is necessary. Native vegetation will promote bird activity.

Don McNamara, city resident said the CUP should be denied for the good reasons mentioned tonight.

Brenda Dolma, city resident since 1981, thanked the Commission for their time and effort. She is not excited about the aesthetics and asked the Commission to consider green space and artists. Recycled tires for watershed purposes was suggested.

Donna Rae Faulkner, city resident, thanked the Commission for the public hearing. She has spoken to the Council, Planning Commission and Public Works Department about long term comprehensive planning that is thoughtful and integrated with the world. The Commission is hard working and cares about Homer and she asked them to turn down the CUP for Fred Meyer. At a minimum she asked that the codes and ordinances be upheld.

Dan Hennick has lived in Homer since 1970. When he first moved out East Road there were times he couldn’t get to town. Now there is a nice highway and he appreciates it. The same is true about the Baycrest Hill and the stoplight. When Baycrest Highway was built there were meetings and people said they didn’t want it. The engineer said once it was built no one would remember what it was like without it. Mr. Hennick doesn’t remember other than the suffering he endured by following the diesel trucks’ fumes up the hill. There was a big controversy when Safeway went in and when the Bypass went in. He thinks it is great Fred Meyer is coming. He has raised his kids here, with only one remaining in Homer whose husband is a contractor that depends on progress. There are no jobs here and our kids leave and the retirees are moving in. He supports progress and there are good rules in place already. He keeps hearing about Town Center, but it is private land. He disagrees with dictating what a person can do with their own private land. This is not a communist state. Building rules need to be followed, but to keep people out based on vegetation makes no sense. Main Street was vegetated and lasted one winter until the moose got it. It is now a tree with a big ugly fence around it. There is room for compromises. The library and the Fish and Wildlife are two of the ugliest and newest buildings in town. The Fish and Wildlife looks more like a jail house as it is a big black ugly thing. Fred Meyer has gone a long ways in their plans to compromise and he hopes the Commission votes for it.

Rika Mouw thanked the Commission for the opportunity to speak, noting her belief is 180° different than the previous speaker. She is a tree person and asked the Commission to enforce code as it will set precedent. She agrees the big gray building does not fit in, as it looks like a big prison. The Commission has a right to say it doesn’t fit. Total vegetation removal is not necessary; removing 6.43 acres is not acceptable as Homer is a different place. Play by our rules and you are welcome to come in. Everyone here tonight has something in common, a care for the community. Once it goes in it will be there forever, so there is no rush.

Marga Raskin said the Fred Meyer CUP fails to comply with the HCC, TCDP and CDM. Fred Meyer is obligated to resubmit an application to comply with all the published rules. They have failed to design traffic improvements due to traffic increase from a large box store, thereby violating HCC. They have ignored the TCDP to be in harmony with the CDM and surrounding land use. The Fred Meyer proposal ignores and violates the standards for large box stores. Fred Meyer officials promised to design a 66,000 sq. ft. store that would benefit Homer’s aesthetic, economic and social standards. They fail to comply with applicable rules. She is surprised and alarmed officials of Fred Meyer failed to live up to their promises. Fred Meyer should submit new applications that comply with the City of Homer planning rules. Listening to nearly two hours of sincere pleadings from Homer residents for important changes to be implemented by Fred Meyer was the most depressing time she ever experienced in the Council Chambers. She finds it alarming and terrifying.

Bruce Creager of Barghausen Consulting Engineers stated a substantial amount of information was presented to the Planning Commission on June 14^th with follow up on July 14^th, 26^th and tonight. There have been opportunities for discussion on topics pertaining to the project. Randy Sauer is here to provide response to comments made tonight and answers to specific questions.

Mr. Creager emphasized that the application and staff report support the application’s compliance with the TCDP, CDEM, CUP criteria and HCC 21.61 Central Business District (CBD) regulations and HCC 21.48. The 6.43 acre site is unique in its location. The Fred Meyer site is to be located adjacent to two streets and the Sterling Highway. Unique circumstances include the adjacent streets and existing topography. It is designed to conform to the topography and meet all the design standards, ie. CBD regulations 21.48, storm water quality and storm water quantity detention. An open pond system has been located at the southeast quadrant of the site to provide 46,000 cubic yards of storm water storage. Water dependent type plant materials will be used as suggested by Devony Lehner to enhance the storm water facilities. This is a departure from what Fred Meyer would traditionally do in a community.

Fred Meyer has met or exceeded the requirement of buffering parking lots from adjoining streets. Drive aisles will be used to minimize the amount of paved areas allowing planting on street frontages. Also provided is a 20 ft. forested buffer along Sterling Highway along with the open pond. On site landscaping areas will include 62,800 sq. ft. The area shown as future development was not included in the calculation. The 62,800 sq. ft. of landscaped area represents 23% of the total site area; adding in the future development area increases the amount of landscaping to 76,000 sq. ft., or over 25% of the site area. The parking lot design is the best design to meet Fred Meyer’s needs and satisfy the requirement for parking lot screening. It meets code with 225 parking stalls. The typical Fred Meyer store this size would want 330 stalls. They have complied with HCC 21.61.105 15(c) of no more than 50% of the required parking is located between the front façade of the building and the abutting streets. Fred Meyer acknowledges that has not been met, they have 56% parking stalls in the front. Locating parking stalls behind the store does not make sense due to the practicality and customer safety. Customers would have to park behind the store in the midst of loading activities and service areas.

Randy Sauer of Mulvanny G2 Architecture said he has the difficult job of aesthetics of the building. He attended two public participation meetings with a good turnout and read all the comments. Additionally they read the CDM, Comprehensive Plan, and city codes. Several comments from citizens resulted in a complete redesign of the building. The comments made were across the board; different people had different ideas what they would like to see visually. Comments were made to look at Islands and Ocean Visitors Center and Alaska USA Federal Credit Union. It was Mr. Sauer’s task to take those comments, Fred Meyer’s needs and the CDM and put them into the design we have today. Comments were made that Homer doesn’t want a Fred Meyer that is anywhere USA. This is a unique design to Homer based on comments from the citizens, discussions presented in Planning Commission meetings and the CDM.

Unanimous in the citizen participation meetings was the use of white on the building. The white was taken out and more earth tones as suggested in the CDM were used. The intent is to use a 75/25 mix of split face CMU with the colors of natural and sandstone to give a more natural feel to the building. He assured the Commission and the public that their comments were taken into consideration to present the Fred Meyer in the community.

Vice Chair Hess closed the public hearing.

Vice Chair Hess called for a recess at 9:01 p.m. and resumed the meeting at 9:16 p.m.

The following are the conditions that were listed in the Staff Report and do not necessarily include previous amendments:

STAFF COMMENTS/RECOMMENDATIONS:

Planning Commission approve the applicant’s request for a Conditional Use Permit contingent on the following conditions:

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

2. Prior to issuance of a zoning permit for any site development the submitted Development Activity Plan and Storm Water Plan must be approved.

3. Prior to issuance of a zoning permit for any site development a Fire Marshall Review certificate will be submitted.

4. Building construction will include an internal sprinkler system. Proof of such system will be provided to the City Planner.

5. Proof of compliance with State of Alaska adopted building codes will be submitted to the City Planner.

6. Parking lot will be redesigned to have 10% of the area landscaped in islands or dividers to comply with HCC 21.61.105(l)(7)(a)(ii)(1) and allow for the 10 foot landscape adjacent to Hazel Avenue.

7. All lighting will conform to HCC 21.48.080. Shoebox style lights will be used in the parking lots.

8. The northern elevation of the building will be redesigned to incorporate wall jogs or architectural elements creating a human-scale and roofline variation.

9. Snow storage areas will be redesigned so that no required parking is used.

10. No outside sales will be permitted in the front plaza.

11. Infrastructure improvements, as provided in the subdivision development agreement, are required to be installed prior to, or in concert with, development of the Fred Meyer project.

12. At the intersection of Main Street Access (east/west) and Fred Meyer Drive (north/south), the eastbound and westbound approach geometry should match. An all way stop should be installed.

13. The southbound approach of Fred Meyer Access Drive at the Sterling Highway should be two lanes, a right turn and a through-left, and should be aligned with the Islands and Ocean driveway to the south.

14. The Hazel Avenue Extension should be constructed as soon as feasible. This will provide additional access to Fred Meyer and the rest of the town center and relieve traffic pressure on Sterling Highway, Main Street and Pioneer Avenue. The TIA recognizes that Fred Meyer has no control or authority to implement this recommendation. Nor is it necessary that the extension be in place when Fred Meyer opens their store. Levels of service are adequate at all intersections in the construction year 2006.

15. Fencing will not exceed 6 feet in height and will be screened by landscaping. Applicant will explore the feasibility of using fencing materials other than chain link.

16. All signs will comply with HCC 21.60. Sign permits will be applied for and obtained as needed.

17. All landscaping will be installed within 9 months of occupancy of the building or in the next growing season, whichever comes first. All landscaping will be maintained thereafter.

18. No over night camping is permitted on the site. All parking lots will be posted with signs stating this information.

19. Benches and trashcans will be provided near all 3 on-site pedestrian ways.

Conditions 20 – 23 added on July 12, 2006

20. The applicant will obtain required access permits from AK DOT for the two street accesses, one on Main Street and one on Sterling Highway and any necessary mitigation agreements that may be required by AK DOT.  Such mitigation shall meet Homer City Code 21.61.110.

21. Final plat approval be required prior to issuing a zoning permit.

22. Applicant to conduct educational seminar for local businesses to co-exist with applicant prior to opening the business.

23. Minor plan changes resulting from these conditions of approval or peripheral agency review, such as the army corps of engineers may be reviewed and approved by the City Planner. 

Condition 24 added on July 26, 2006

24. Fred Meyer allow a minimum of three days and notify the public that vegetation from the site is available and have a person on site to load the trees.

City Planner McKibben noted Commissioner Foster was not present at the July 26, 2006 special meeting and verification is needed that he reviewed the record from that meeting. Commissioner Foster had not read the meeting minutes or listened to the audio. Vice Chair Hess called for a recess at 9:18 p.m. to allow Commissioner Foster time to read the special meeting minutes. Vice Chair Hess resumed the meeting at 9:49 p.m.

Item C – The proposed use is in harmony with the community plan and with surrounding land use.

Commissioner Foster stated he reviewed the minutes from the last meeting. He asked about a covered area for inclement weather. Vice Chair Hess explained that was not made a condition and the applicant was asked to come back with more information. Commissioner Foster asked about an outside sales area, such as the store in Eagle River. City Planner McKibben explained HCC does not allow for outdoor sales for areas that are not part of the sales area. The Wasilla and Eagle River Fred Meyer stores have an outside area with pillars and chain link fences. They are used for fertilizers and potting soils, etc. No outdoor sales are allowed in the footprint design as addressed in condition #10.

Vice Chair Hess noted the public comments that the development was not in harmony with the TCDP. Map E of the TCDP depicts a 66,000 sq. ft. large retail development within the plan. CIRI has been widely supportive of the TCDP and is intricate to its feasibility and potential to become a reality. Greg Jones of CIRI commented that Fred Meyer is bringing a project to the community initiated to fruition, namely the TCDP. Fred Meyer will be responsible to install the majority of infrastructure required for the TCDP. Commissioner Foster commented the community asked how a 66,000 sq. ft. store could fit in. The landscape architect tried to accommodate both the commercial streetscape and parking needs. City Planner McKibben said the applicant explained the store is located where it is for screening of the loading and docking areas.

Commissioner Foster said having the store designed as the one in Portland with the streetscape feel is more in line with the Town Center approach. A front entrance more like the Kachemak Bay College with an entrance and parking in the back is desirable. Commissioner Kranich commented that the northern half of Fred Meyer’s parking is geographically in the center of the Town Center development. Although Fred Meyer’s parking may not be established as a joint use, with future development of Town Center there is a high likelihood their parking will be utilized to attend other facilities in the area. Having Fred Meyer move their parking area to the edge of the Town Center area will be defeating the purpose.

Tom Gibbons, Fred Meyer representative, explained they are just one piece of the Town Center plan. There is a proposal for City Hall to be on the area with a shared parking agreement.

Commissioner Foster commented he missed a lot of the Town Center meetings as he thought the Town Center envisioned a large park instead of a parking lot. Mr. Gibbons said if CIRI works out a deal with the City it is envisioned City Hall will be located within the center with open space on the city property going up the hill. Fred Meyer pedestrian sidewalks and trails are designed to connect to the proposed City Hall or other civic uses. Commissioner Foster asked how we can expect City Hall to comply with the streetscape feel if the standards are lowered for Fred Meyer. Commissioner Zak commented the Fred Meyer store is aesthetically set on the lot as well as it could be. The location contributes to an open feeling rather than being cramped in between cement buildings. The bay will be visible from the front of the public use area. Commissioner Foster commented the streetscape standards were not being met and parking could be located in the back. City Planner McKibben noted the TCDP states commercial buildings will generally be located close to the street. The plan does not mandate they will be located close to streets. Harmony does not mean it is identical. The commission needs to look at it as a whole, is it consistent as a whole?

The Commission noted the CDM states quality design is more important than strict performance. The Fred Meyer development contributes to the TCDP by moving the plan forward rather than hindering it. The viewscape will be maintained with the location of Fred Meyer. City Planner McKibben explained Mr. Gibbons has had conversations with CIRI and the City Manager about working together to build City Hall in the plaza. There have been discussions about shared parking but nothing has been formalized. Shared parking is not addressed in the CUP as Fred Meyer has satisfied the required number of parking spaces. In the future the city may be required to enter joint use parking with Fred Meyer. Mr. Gibbons said his agreement with CIRI is for joint shared use parking and will be recorded and encumbered upon the whole property upon Fred Meyer’s purchase of the property. Non customers will have the right to cross over the property.

ZAK/KRANICH – MOVED TO ADOPT FINDING C AS STATED IN THE STAFF REPORT.

VOTE: YES. MINSCH, ZAK, KRANICH, HESS

VOTE: NO. FOSTER

Motion carried.

Item F – Any and all specific conditions deemed necessary by the Commission to fulfill the above mentioned conditions shall be met by the applicant. Guarantees and evidence may be required that such conditions will be or are being complied with. Such conditions may include, but are not limited to, requiring;

Finding: Homer City Code 21.61.105 establishes standards specific to retail uses of more than 15,000 square feet in area.

City Planner McKibben said the one of the findings the Commission needs to make for CUPs is any and all specific conditions deemed necessary by the Commission to fulfill the conditions met by the applicant which may include:

· special yards and spaces

· fences and walls

· surfacing or parking areas

· street and road dedications and improvements (or bonds)

· control of points of vehicular ingress and egress

· special provisions on signs

· landscaping and maintenance thereof

· maintenance of the grounds

· control of noise, vibration, odors or other similar nuisances

· limitation of time for certain activities

· a time period within which the proposed use shall be developed

· a limit on total duration of use

The Commission asked the applicant about the fence requirements in the building code. Randy Sauer explained the chain link fence height is 42” to allow safety for separation from a vertical drop. The Commission discussed wooden fences and slats within the fences. Native vegetation was defined as native plant communities to include grouping of plants. Existing vegetation will be retained for distribution to parks and recreation, non profits and the community for a minimum of three days and will advertise as a mitigation to removing all natural vegetation and replanting. When 100% of the site is utilized with landscaping going back in it will have vegetation although it will take ten years for the trees to reach 12 ft. tall.

ZAK/KRANICH – MOVED TO ACCEPT STAFF FINDINGS FOR ITEM F: ANY AND ALL SPECIFIC CONDTIONS DEEMED NECESSARY BY THE COMMISSION TO FULFILL THE ABOVE MENTIONED CONDITIONS SHALL BE MET BY THE APPLICANT.

Commissioner Foster said he cannot support meeting HCC 21.48 requirements.

VOTE: YES. MINSCH, HESS, KRANICH, ZAK

VOTE: NO. FOSTER.

Motion carried.

Item H – Building and site development shall conform to the City of Homer Community Design Manual

Commissioner Foster commented trying to respect natural topography would be difficult with the shopping carts. FAA did the site in the 1950’s and he is competent when Fred Meyer works with the Corps of Engineers they will have to adjust to the wetlands.

City Planner McKibben said lighting for pedestrian safety needs to be addressed. Bruce Creager stated Galleria style of lights with a standard pole base mounting would be used. They are consistent with the CDM and the Town Center Task Force may wish to incorporate the style of lights into Town Center.

FOSTER/ZAK – MOVED TO ADD CONDITION #25 THAT THE APPLICANT ATTEMPT TO MEET THE RECOMMENDATIONS OF THE TOWN CENTER TASK FORCE OF THEIR LIGHTING STYLE.

The Commission discussed a cohesive style of lighting throughout Town Center. The Town Center Development Task Force has made a recommendation to the Commission that will make a recommendation to the Public Works Director who will develop the subdivision development agreement with the applicant. Lighting will be found that will work, is affordable and will facilitate the recommendation. That style of lighting will be incorporated in Fred Meyer’s on-site development.

VOTE: YES. MINSCH, ZAK, KRANICH, HESS, FOSTER

Motion carried.

Commissioner Zak called for a Point of Order as the deadline on the CUP is at midnight. City Planner McKibben clarified the deadline is midnight on August 3, 2006.

Prominent Facades

Condition #8 states the northern elevation of the building will be redesigned to incorporate wall jogs or architectural elements creating a human-scale and roofline variation.

Randy Sauer commented the roof color is a grayish tone.

Building Scale and Mass

There were no comments.

Siding and Trim

The Commission discussed the possibility of limiting exterior gray blocks to no more than 25% of the building. Randy Sauer said the building is not going to appear as gray as it appears on the drawings. The random mix is textured to provide a contrast to the smooth face sandstone. If the percentage of sandstone is increased it will decrease the contrast and reduce some of the elements that reduce the mass of the building. The 75%/25% mix of tan and gray is to contrast the smooth face. The Palmer store is the only other one with split face rock.

Miscellaneous Architectural Devices

The Commission discussed architectural integrated art work with local artists painting on the walls. Artistic bike racks and fish incorporated into the design were discussed.

FOSTER/ZAK – MOVED TO ADD CONDITION #26 THAT LOCAL ART BE INTEGRATED INTO THE DESIGN OF THE FENCE AND OTHER APPROPRIATE ARCHITECTURAL DEVICES.

Fred Meyer representatives said it is important to keep it open ended so local art could be placed elsewhere.

VOTE: YES. ZAK

VOTE: NO. HESS, KRANICH, FOSTER, MINSCH

Motion failed.

FOSTER/ZAK - MOVED TO ADD CONDITION #26 THAT ARCHITECTURALLY INTEGRATED LOCAL ART WORK WILL BE INTEGRATED IN EXTERIOR ARCHITECTURAL DEVICES.

VOTE: YES. KRANICH, FOSTER, ZAK, HESS, MINSCH

Motion carried.

Roofing Materials

There was no discussion.

Hierarchy in Building Design

There was no discussion.

SITE DESIGN

On-Site Walkways

City Planner McKibben said it was recommended by the Town Center Task Force that the crosswalks be colored and textured. Mr. Creager said walkways will have a diagonal scoring pattern making the pedestrian aware. Red could be used at the crosswalks but not in the raised sidewalks. Public intersections could be textured and colored and striped on the sides.

KRANICH/MINSCH – MOVED TO ADD CONDITION #27 THAT THE USE OF COLORED CONCRETE WILL BE INTEGRATED INTO PEDESTRIAN CROSSWALK AREAS AND OTHER AREAS DEEMED SUITABLE BY THE APPLICANT.

VOTE: YES. FOSTER, MINSCH, ZAK, KRANICH, HESS

Motion carried.

Outdoor Common Areas

The Commission discussed the need for a covered common area for inclement weather and to break up the design of the building. Randy Sauer said the north common area is covered and protrudes 6 ft. Mr. Gibbons commented Fred Meyer has a budget and all the conditions imposed may make the project too expensive to build. The Commission discussed making the covered common area look better and have enough room for carts to pass and a shelter from rain, snow and wind. Mr. Sauer corrected his statement that the covered walkway will be 8 ft. City Planner McKibben read the requirements of the common area, stating the applicant has complied.

FOSTER/ - MOVED TO CONSIDER REDESIGN TO LOCATE THE STRUCTURE NEAR THE FRONT SETBACK LINE THAT MEETS THE STERLING HIGHWAY.

City Planner McKibben commented a CUP is not allowed to reduce the setback on the Sterling Highway.

The motion died for lack of a second.

Commercial Streetscape

A conflict between locating the building near the front setback line and any parking in front of it would require a different definition of close. It was noted the college eliminated parking in the front. A circular drive could be made with main parking in the back. It was noted the college does not have six 40 ft. vans backing up with college students and cars coming and going. If Fred Meyer were required to move to the front setback and parking was forced behind the trucks would be forced to come and go through the main parking lot. It is not a healthy situation. With the Safeway remodel there are no more than four or five parking places on the east end of the building where the loading area is.

Landscaping and Screening

FOSTER/MINSCH - MOVED TO ADD CONDITION #28 TO RETAIN 10% OF THE EXISTING TREES IN THE PARKING AREAS AND RETAIN ALL VEGETATION ALONG THE SOUTHERN PERIMETER.

Commissioner Foster suggested replacing the trees with three per every one destroyed or trees taller than 6 ft. Ten percent of the existing trees could be retained by moving them offsite and then replanting them in the landscaping. Planting to screen retaining walls over 8 ft. tall was also suggested with plants at least half the height of the walls.

VOTE: NO. MINSCH, ZAK, KRANICH, HESS

VOTE: YES. FOSTER

Motion failed.

To address public concerns the Commission discussed retaining trees from the site for replanting.

FOSTER/KRANICH – MOVED TO ADD CONDITION #28 TO RETAIN NATIVE VEGETATION AND TO MEET THE SPIRIT OF THE COMMUNITY DESIGN MANUAL AND THE REQUESTS OF THE COMMUNITY.

City Planner McKibben said it may be interpreted different ways between the applicant and the public. The Commission discussed the community good that would come from distributing the vegetation to the community.

VOTE: NO. MINSCH, HESS, KRANICH, FOSTER, ZAK

Motion failed.

The Commission discussed means of utilizing the existing vegetation and it was noted the survival rate of trees lessens with their size. It is difficult to even get a 6 ft. tree to survive.

KRANICH/MINSCH – MOVED TO ADD CONDITION #28 THAT RETAINING WALLS OVER 8 FT. TALL SHALL BE SCREENED WITH SHRUBBERY AND TREES. THIS PLANTING SHALL BE APPROXIMATELY ONE HALF THE WALL HEIGHT AT THE TIME OF PLANTING.

This condition was for the front of the building for the retaining wall behind the pond.

VOTE: YES. MINSCH, KRANICH, FOSTER

VOTE: NO. ZAK, HESS

Motion failed.

FOSTER/MINSCH – MOVED TO ADD CONDITION #28 THAT THE 286 TREES BEING PLANTED TO REPLACE THE 220 CLEARED TREES AND OTHER VEGETATION WILL ALSO INCLUDE MULTI-STORY NATIVE VEGETATION.

Commissioner Foster said plant communities would include ground cover.

VOTE: YES. HESS, FOSTER, MINSCH, KRANICH

VOTE: NO. ZAK

Motion carried.

Fences

City Planner McKibben read the definitions of fences allowed that include chain link limited to non-visible areas with a maximum height of 6 ft. Bruce Creager said a chain link fence was proposed at the top of the keystone wall where the height exceeds 36 inches. The total height of the fence will be 42 inches. The fence can be moved inward so screening materials will screen its visibility from the Sterling Highway. The proposed fence would be adjacent to the retaining wall.

Chair Hess called for a recess at 12:40 a.m. and resumed the meeting at 12:45 a.m.

FOSTER/MINSCH - MOVED TO AMEND CONDITION #15 THAT APPLICANT WILL USE FENCING MATERIAL OTHER THAN CHAIN LINK.

VOTE: YES. KRANICH, FOSTER, HESS, MINSCH

VOTE: NO. ZAK

Motion carried.

Parking

Commissioner Foster said this was not the type of walkway that was discussed at the June 14, 2006 meeting.

FOSTER/MINSCH – MOVED TO ADD CONDITION #29 THAT THE APPLICANT WILL EXPLORE THE FEASIBLITY OF PEDESTRIAN ACCESS FROM THE SOUTHEAST CORNER OF THE SITE.

The Commission discussed pedestrian access that would prevent crossing the storm pond and walking near the drive-thru pharmacy area.

VOTE: YES. FOSTER, MINSCH, ZAK, KRANICH, HESS

Motion carried.

The Commission discussed the requirement of bear proof garbage containers and the ordinance recently passed to require such. City Planner McKibben does not believe the ordinance will require bear proof containers on the site; Fred Meyer said the trash containers will be emptied daily.

Finding H

ZAK/KRANICH – MOVED TO ADOPT FINDING H OF THE STAFF REPORT: BUILDING AND SITE DEVELOPMENT SHALL CONFORM TO THE COMMUNITY DESIGN MANUAL.

Commissioner Foster said he disliked the location of the site, stating it could be closer to the road, but he would not vote against adopting the finding.

VOTE: YES. MINSCH, ZAK, KRANICH, HESS, FOSTER

Motion carried.

Finding F

ZAK/MINSCH – MOVED TO ADOPT FINDING F OF THE STAFF REPORT.

VOTE: YES. MINSCH, HESS, KRANICH, FOSTER, ZAK

Motion carried.

The main motion from June 14, 2006 was read: MOVED TO BRING STAFF REPORT PL 06-65 REQUEST FOR CONDITIONAL USE PERMIT 06-07 FRED MEYER WITH STAFF FINDINGS AND RECOMMENDATIONS AND CONDITIONS.

City Planner McKibben recommended adopting conditions 1 through 29 separately.

KRANICH/ FOSTER – MOVED TO ADOPT CONDTIONS 1 THROUGH 29 PERTAINING TO CUP 06-07 FRED MEYER.

There was no additional discussion.

VOTE: YES. MINSCH, ZAK, KRANICH, HESS, FOSTER

Motion carried.

The following conditions were adopted in this meeting:

#25 THAT THE APPLICANT ATTEMPT TO MEET THE RECOMMENDATIONS OF THE TOWN CENTER TASK FORCE OF THEIR LIGHTING STYLE.

#26 THAT ARCHITECTURALLY INTEGRATED LOCAL ART WORK WILL BE INTEGRATED IN EXTERIOR ARCHITECTURAL DEVICES.

#27 THAT THE USE OF COLORED CONCRETE WILL BE INTEGRATED INTO PEDESTRIAN CROSSWALK AREAS AND OTHER AREAS DEEMED SUITABLE BY THE APPLICANT.

#28 THAT THE 286 TREES BEING PLANTED TO REPLACE THE 220 CLEARED TREES AND OTHER VEGETATION WILL ALSO INCLUDE MULTI-STORY NATIVE VEGETATION.

#29 THAT THE APPLICANT WILL EXPLORE THE FEASIBLITY OF PEDESTRIAN ACCESS FROM THE SOUTHEAST CORNER OF THE SITE.

There was discussion regarding the main motion and its lack of wording to accept or approve the staff report. Deputy City Clerk Johnson recommended a new motion be made to approve the CUP.

KRANICH/ZAK - MOVED TO APPROVE CUP 06-07 FRED MEYER INCLUDING ADOPTED CONDITIONS 1 THROUGH 29 AND FINDINGS.

There was no additional discussion.

VOTE: YES. ZAK, HESS, FOSTER, MINSCH, KRANICH

Motion carried.

At 1:02 a.m. Vice Chair Hess thanked the applicants for their patience stating it was a long and drawn out process. He hopes the community realizes the gains accomplished and not focus on what was not accomplished. The community won in this case. Fred Meyer applicants thanked the Commission.

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 06- 83 Forest Glen Subdivision Unit 1 Purcell Replat Lot 2 Blk 3 Preliminary Plat

City Planner McKibben summarized the staff report and read the staff recommendations.

Howard Purcell, applicant, addressed the staff recommendations which state the plat may contain wetlands. He has been working with the Army Corps of Engineers (COE) and the plat has been approved to facilitate the replatting. He has talked with the surveyor, Gary Nelson, and has found the 15 ft. utility easement on the ROW can be shown. Additionally, he has talked with Dan Gardner at Public Works and permits for water and sewer stub outs have been drawn.

Commissioner Foster said in addition to the concern of wetlands the development has a historical impact on the elementary school below. He asked if there were any discussions with the surveyor about the adverse effect of the school below with the increased development in the wetlands.

Mr. Purcell has had informal discussions with Mr. Nelson, but not about the wetlands. Mr. Nelson said he is glad to see the trees gone for fear of them dropping on his fences.

No comments of the wetlands were received by staff.

KRANICH/ZAK – MOVED TO APPROVE PRELIMINARY PLAT FOREST GLEN SUBDIVISION UNIT 1 PURCELL REPLAT LOT 2 BLOCK 3 INCLUDING STAFF RECOMMENDATIONS 1 THROUGH 3.

VOTE: YES. KRANICH, FOSTER, ZAK, HESS MINSCH

Motion carried.

STAFF COMMENTS/RECOMMENDATIONS:

Planning Commission recommend approval of the preliminary plat with the following comments:

1. A plat note indicating that this subdivision may contain wetlands. Property owners should contact the Army Corp. of Engineers prior to any on-site development or construction activity to obtain the most current wetlands designation (if any).

2. Show a 15 foot utility easement along the Right of Way

3. Water and sewer stub outs to be installed prior to final plat for lots 2B and 2C.

B. Staff Report PL 06-84 Eagle View Subdivision No. 1 Preliminary Plat

City Planner McKibben read the staff recommendations. The applicant was not present.

ZAK/MINSCH – MOVED TO APPROVE PL 06-84 EAGLE VIEW SUBDIVISION NO. 1 PRELIMINARY PLAT WITH STAFF RECOMMENDATIONS.

Commissioner Foster said there was no indication of contact with the COE despite the plat note regarding wetlands. City Planner McKibben said there is no requirement the applicant contact the COE because of a plat note indicating wetlands.

VOTE: YES. FOSTER, MINSCH, ZAK, KRANICH, HESS

Motion carried.

STAFF COMMENTS/RECOMMENDATIONS:

Planning Commission recommend approval of the preliminary plat with the following comments:

1. A plat note indicating that this subdivision may contain wetlands. Property owners should contact the Army Corp. of Engineers prior to any on-site development or construction activity to obtain the most current wetlands designation (if any).

2. The surveyor should complete the preliminary plat or include in a cover letter the proposed method of water and wastewater to serve these lots.

3. Show the required 15 foot utility easement along the Right of Way.

4. If the barn is not moved or removed prior to final plat, the land owner will be in violation of the City of Homer and may be subject to fines until any encroachments are resolved.

C. Staff Report PL 06-87(S) Wintergreen Subdivision 2006 Replat Preliminary

City Planner McKibben summarized the staff report.

The applicants were not present.

KRANICH/FOSTER – MOVED TO APPROVE PRELIMINARY PLAT WINTERGREEN SUBDIVISION 2006 REPLAT WITH STAFF RECOMMENDATIONS.

There was no discussion.

VOTE: YES. MINSCH, ZAK, KRANICH, HESS, FOSTER

Motion carried.

STAFF COMMENTS/RECOMMENDATIONS:

Planning Commission recommend approval of the preliminary plat with the following comments:

1. A plat note indicating that this subdivision may contain wetlands. Property owners should contact the Army Corp. of Engineers prior to any on-site development or construction activity to obtain the most current wetlands designation (if any).
2. Show 15-foot utility easements adjacent to the rights-of-way.

OLD BUSINESS

A. Gateway – Write a Memo to City Council Requesting Input and Change the Worksession to a Special Meeting

ZAK/FOSTER – MOVED TO ASK STAFF TO DRAFT A MEMO TO CITY COUNCIL MEMBERS TO PROVIDE THE COMMISSION THEIR INPUT ON THE GATEWAY BUSINESS DISTRICT AND THAT WE CHANGE THE WORKSESSION NEXT WEDNESDAY (August 9, 2006) TO A SPECIAL MEETING.

Commissioner Zak explained the memo would request Council’s input prior to the special meeting.

VOTE: YES. MINSCH, HESS, KRANICH, FOSTER, ZAK

Motion carried.

City Planner McKibben said she does not have a method of communicating the information to the City Council prior to the next Council packet. She will ask the City Manager to make the communication. Her recollection of previous discussion was she would write a memorandum to City Councilmembers telling them a special meeting was scheduled and we intended to send them the Gateway Business District and would like them to consider taking action.

KRANICH/FOSTER – MOVED TO REQUEST STAFF TO SEND A MEMORANDUM TO CITY COUNCIL REQUESTING THEM TO INITIATE AN ORDINANCE TO EXTEND THE SEPTEMBER 15^TH IMPLEMENTATION TIME OF THE EXPANDED CBD.

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

Commissioner Kranich asked if there was a time line deadline on Tulin Terrace. City Planner McKibben did not recall the timeline but said Public Works has no problem with it.

KRANICH/MINSCH – MOVED TO CONTINUE REMAINING OLD BUSINESS TO THE NEXT MEETING.

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

B. Staff Report PL 06-89(S) Town Center Task Force

C. Staff Report PL 06-82 Capital Improvement Plan/Legislative Request

D. PL 06-86(S) Marine Industrial and Marine Commercial Ordinances

E. Staff Report PL 06-60(S) Vacation of a portion of Kallman Road Right of Way

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.

A. Staff Report PL 06-85 Nonconformity at Lot 10 Block 7 Bayview Garden

Subdivision

KRANICH/MINSCH – MOVED TO CONTINUE ITEM A TO THE NEXT MEETING.

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

B. Tulin Terrace Subdivision East Terrace Addition

KRANICH/MINSCH – MOVED TO GRANT THE REQUEST FOR TIME EXTENSION.

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

REPORTS

A. Borough Report

There was no report.

B. Kachemak Bay Advisory Planning Commission Report

There was no report.

PLANNING DIRECTOR’S REPORT

There was no report.

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. Letter dated July 17, 2006 from Julie Engebretsen, Planning Technician 1 to Kachemak Shellfish Mariculture Association, Inc. regarding 3851 Homer Spit Road

COMMENTS OF THE AUDIENCE

Members of the audience may address the Commission on any subject. The Chair may prescribe time limits.

Frank Griswold, city resident, said the Commission made some strained interpretations of the code. They are good at passing the CDM and when it comes time to implement they make bizarre interpretations. He doesn’t know how anything can be reinforced. If you can say retaining natural vegetation means digging it up and putting it back later that is ridiculous. The words that are generally accepted must be given or everything in context is meaningless. Making conditions to say they should try to do something is not a condition. As to the Spit rezone the proposed amendments will make it more violator friendly. The requested changes are because the City doesn’t want to enforce the laws. Port and Harbor Commissioners have boarding houses on the Spit, properties with the wrong lot size are doing illegal things. Because the City is too lazy to enforce its code or too intimidated to enforce the code you are changing the code to accommodate the violators. It sends a bad message. A Port and Harbor Commissioner with an illegal boarding house or B&B shouldn’t even participate in the discussion as it is a direct conflict of interest. In the Port and Harbor Commission minutes Kevin Hogan said it doesn’t matter what is zoning code if it is not being enforced. Many rules are being broken, it is rampant at the harbor and throughout town and there is no enforcement. People that respect and pay attention are those that are deterred. Certain people obey and those that don’t are rewarded. It is a bad policy. Restaurant and drinking establishments should remain conditional uses in marine commercial. The districts should remain distinct or totally combined rather than the wishy-washy in between where permitted uses in one district are considered conditional uses in the other and vice versa. Port and Harbor Commission’s concerns of the rooming houses was not sewer and water; it is tsunami. It has been a long time, but it could happen again tomorrow. Public safety should be the number one concern and most uses allowed are not marine related. Stating that valuable land cannot be tied up in setbacks should not be considered. Setbacks are important. There was a fire on the Spit when Seward Fish burned and it could happen again. He urged the Commission to leave the 10 ft. setbacks alone. The uses outlined are not similar at all and some are required with conditional uses. He stated the Commission should leave it alone as the “improvements” are not.

COMMENTS OF THE COMMISSION

Commissioners may comment on any subject, including requests to staff and requests for excused absence.

ZAK/KRANICH – MOVED TO RECONSIDER CUP FOR FRED MEYER.

The Commission discussed the need to reconsider due to the important decision and the amount of testimony.

VOTE: NO. ZAK, HESS, FOSTER, MINSCH

VOTE: YES. KRANICH

Motion failed.

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 1:50 a.m. There will be a work session on August 9, 2006 at 6:00 p.m., in the City Hall Conference Room. The next Regular Meeting is scheduled for August 16, 2006 at 7:00 p.m., in the Cowles Council Chambers. There will be a work session at 6:00 p.m. prior to the meeting.

_________________________________

JO JOHNSON, DEPUTY CITY CLERK

Approved: ________________________