Session 06-22, a Special Meeting of the Homer Advisory Planning Commission was called to order by Chair Chesley at 6:03 p.m. on August 9, 2006 at the City Hall Conference Room located at 491 E. Pioneer Avenue, Homer, Alaska.

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

ABSENT: FOSTER, PFEIL (excused)

STAFF: CITY PLANNER MCKIBBEN

DEPUTY CITY CLERK JOHNSON

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

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

C. KPB Coastal Management Program Reports

D. Commissioner Excused Absences

The agenda was approved by consensus of the Commission.

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 were no public comments.

OLD BUSINESS

A. Staff Report PL 06-76 Ordinance 06-20(A), Of the City Council of the City of Homer, Alaska Amending Homer Zoning Map to Rezone a Gateway Business District (a Subdistrict of the Central Business District) Portions of Rural Residential (RR) and Portions of Urban Residential (UR) Zoning Districts Fronting on the Sterling Highway West Hill area to the South West Boundary of the Central Business District.

City Planner McKibben said after the joint worksession with City Council the Commission should focus on the Gateway Business District (GBD). Recommendations are to be forwarded to Council. The City Attorney’s corrections in Ordinance 06- are more semantics and wording rather than substantial. The Commission should began their discussion on HCC 21.XX.140 Dimensional Requirements.

Laydowns from John Mouw, Rika Mouw and Mike Heimbuch were acknowledged. Mr. Heimbuch’s correspondence was read into the record. There was discussion of a misunderstanding on Councilmember Heimbuch’s part of the two different items the Commission is working on. It is a misinterpretation of the Commission’s objective of the GBD. The Commission is taking prohibited uses as defined in the CBD and listing allowed uses in the GBD, a more appropriate format. It was noted Mr. Heimbuch’s correspondence talks about the prohibited retail in the GBD; Council objects to prohibiting retail in the GBD. City Council’s main objections to the GBD are:

· Minimum lot size

· Maximum building size

· Lack of retail

A number of uses that are currently permitted in the CBD were taken out of the GBD. The Commission discussed professional offices and administrative offices and it was suggested administrative offices be changed to offices.

HESS/KRANICH - MOVED TO STRIKE “ADMINISTRATIVE” FROM LINE 65 OF ORDINANCE 06-

The intent is to broaden the definition so it includes everything listed in code. Professional offices differ from offices. Currently there are problems with the definitions of offices in code and all chapters can be fixed at the same time.

VOTE: YES. MINSCH, CHESLEY, ZAK, HESS

VOTE: NO. KRANICH

Motion carried.

HCC 21.XX.020(b) is the same language as in the CBD. The Commission decided to keep the wording in line with the definitions.

Mayor Hornaday stopped by and thanked the Commission for their good work and long hours.

KRANICH/ZAK - MOVED TO HAVE STAFF MERGE ITEM A LINE 61 AND ITEM B LINE 65 INTO ONE USE.

The Commission discussed keeping the definitions the same as the CBD until all the corrections were made. City Planner McKibben said she had no preference whether the definitions were changed now or after the document was completed. Upon being asked for direction, Ms. McKibben said it would be best if the changes to administrative and professional offices were not made now as they would need to be made elsewhere in Title 21. All the code changes could then be done together, rather than piecemeal fixes. Currently the definition of offices includes professional and administrative offices.

HESS/MINSCH - MOVED TO CHANGE THE MERGE OF ITEM A TO READ OFFICES.

VOTE: (amendment) NO. CHESLEY, MINSCH, ZAK, KRANICH, HESS

Motion failed.

VOTE: (main motion) NO. MINSCH, HESS, KRANICH, CHESLEY, ZAK

Motion failed.

HESS/MINSCH – MOVED TO COMBINE ITEM A AND B AND CHANGE TO OFFICE.

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

Motion carried.

The Commission discussed the traffic impact on the Sterling Highway, stating if retail was allowed in the GBD it should not generate large amounts of traffic. This would reaffirm the issues that are caused by accesses onto the arterial. Conditional uses would still trigger traffic impact standards.

ZAK/KRANICH – MOVED TO STRIKE UNDER 21.XX.010 PURPOSE BEGINNING AT LINE 45 AND ENDING ON LINE 47: “BUT DOES NOT INCLUDE DIRECT RETAIL BUSINESS OR WHOLESALE BUSINESS USES EXCEPT FOR SALES WHICH ARE INCIDENTAL AND SUBORDINATE TO THE ALLOWED USES.”

A comment was made that Council was clear on their intentions. Chair Chesley said the Commission’s job was to advise, not necessarily follow. At times the Commission and Council may not be in harmony. The Commission’s job is to present information and work with staff. Staff is to help formulate recommendations to the Council. If the Council chooses not to follow, that is their prerogative. The Commission’s job is to give Council from a planning perspective the best planning based information.

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

Motion carried.

ZAK/KRANICH - MOVED TO ADD NEW ITEM A UNDER PERMITTED USES AND STRUCTURES: “ANY RETAIL BUSINESS WHERE THE PRINCIPAL ACTIVITY IS THE SALE OF MERCHANDISE AND SERVICES IN AN ENCLOSED BUILDING, INCLUDING BUT NOT LIMITED TO FOOD ESTABLISHMENTS, DRUG, VARIETY, DRY GOODS, HARDWARE, APPLIANCE, AND FURNITURE STORES”.

The intent is to limit uses, providing a mixture of professional offices and retail from the GBD area to the CBD. Longtime Homer residents are looking at small businesses on the ground floor and condos on the upper floor. Fifty percent could be business use and the other 50% could be residential. It makes economic sense to build the base from the bottom up. It was noted that it is easier to make the change to add more uses to the code, and harder to make changes to restrict uses.

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

Motion carried.

The Commission discussed the applicability of the Community Design Manual (CDM) in the GBD. The CDM will apply to any proposed commercial development.

Percentages of allowed retail within a building versus a defined amount of allowed retail square footage was discussed. Not allowing the expansion of any nonconforming use was the consensus. The Commission noted the differences:

Floor area – total area of all floors of a building as measured from the exterior surfaces including

Building area – total area of the horizontal plane main building and access

Chair Chesley called for a recess at 7:26 p.m. and resumed the meeting at 7:33 p.m.

KRANICH/HESS - MOVED TO ADD TO BUILDING AREA AND DIMENSIONS: 1. BUILDINGS CONTAINING ONLY RETAIL USE SHALL NOT EXCEED 8.000 SQ. FT. IN BUILDING AREA.

The addition will allow 8,000 sq. ft. of retail per floor.

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

Motion carried.

KRANICH/HESS – MOVED TO ADD TO HCC 21.XX.040(E) BUILDING AREA AND DIMENSIONS: BUILDINGS OVER 8,000 SQ. FT. BUILDING AREA MAY CONTAIN NO MORE THAN 50% RETAIL BUSINESS.

The amendment will allow and encourage combined uses of motels and hotels with retail business and offices. This would mean a building over 9,000 sq. ft. would allow up to 4,500 sq. ft. in retail.

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

Motion failed.

MINSCH/ZAK – MOVED THAT BUILDINGS OVER 8,000 SQ. FT. IN TOTAL BUILDING AREA SHALL CONTAIN NO MORE THAN 8,000 SQ. FT. OF RETAIL BUSINESS.

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

Motion carried.

Chair Chesley called for a recess at 7:46 p.m. and resumed the meeting at 7:55 p.m.

HCC 21.48.050 Site and Access Plan

HESS/KRANICH – MOVED STARTING AT LINE 206 THAT DEVELOPMENT WITHIN THIS DISTRICT THAT BORDERS OR CONTAINS A STREET DESIGNATED AS AN ARTERIAL SHALL REQUIRE A FRONTAGE STREET. ALTERNATIVELY, AN INTERIOR ROAD SHALL BE REQUIRED WHICH WILL SERVE THE ACCESS REQUIREMENTS FOR ALL DEVELOPMENT FRONTING THE ARTERIAL.

The Commission noted one of the main points of the expansion of the business district would be the problems the multiple accesses create. Definite language is needed. It was suggested City Attorney Tans review the language after the Commission is comfortable with the intent. Access requirements are not covered in zoning codes and it may be an issue for multiple property owners.

Fred Meyer was discussed and their need for access permits onto the two State streets. Access permits are required by DOT and can be applied for by the City, CIRI, or Fred Meyer. Fred Meyer is the responsible party for the access permits and the State holds them to the level of service the City requires. The GCI appeal has caused DOT to be more proactive in working with the City before they issue driveway permits.

To avoid the Borough subdivision code there are developers that will take a tract of land and create less than three lots. They then come back and do the serial platting action to avoid the standards.

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

Motion failed.

Chair Chesley called for a recess at 8:09 p.m. and resumed the meeting at 8:14 p.m.

HESS/ KRANICH - MOVED THAT LINE 206 REPLACE ITEM 1 WITH A NEW ITEM 1 VEHICULAR CIRCULATION AND ACCESS:

i. development within this district shall be limited to one entrance and one exit per street. One combined entrance/exit is encouraged to facilitate traffic movement on adjacent streets.

ii. to minimize turning movements onto adjacent public roads, developers are encouraged to provide internal circulation systems that connect to adjacent developments within the Gateway Business District. When several adjacent lots front one street it is preferred that they share one driveway or street access. Site design shall continue internal vehicular ways in order to reduce the number of driveway and curb cuts onto the Sterling Highway. Curb cuts onto the Sterling Highway shall be kept to an absolute minimum.

iii. facilities and access routes for deliveries, service and maintenance shall be separated when practical from public access routes and parking areas.

The Commission discussed the use of “may” and “shall”, stating it was a contentious issue when developers are not able to comply.

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

Motion carried.

HESS/MINSCH - MOVED TO AMEND THE ZONING MAP FOR THE GBD BOUNDARY TO END ON THE EASTERN SIDE OF WEST HILL ROAD.

The Commission discussed amending the zoning map to exclude the lots in Carriage Court. It is a platted residential subdivision. If other uses are desired in the residential area a Residential Office (RO) amendment could be made to encompass more than the two lots. Chair Chesley said it is inappropriate for the Commission to consider an argument from a realtor that said the property was on the market for a long time without selling. The Commission does not make zoning regulations around circumstances; zoning is to have long term impact. An amendment to the zoning map would address RO in the area. There was discussion to leave the two zones residential. If there is a compelling argument to make the lots RO it could be expanded to a broader district to avoid spot zoning.

Commissioner Zak said he brought it up at the joint worksession and afterward the realtor called him and told him why it should be commercial property. From a planning commissioner standpoint the properties were to be a Planned Unit Development. The realtor expressed strong concerns why it should be commercial.

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

Motion carried.

HCC 21.XX.020(f) Parks

Parks are permitted uses, yet there is no definition of a park, just that of a recreational facility. Definitions of open space were read.

HESS/ZAK - MOVED TO CHANGE LINE 81 FROM PARKS TO OPEN SPACE AS DEFINED BY HCC 21.32.365.

The definition of open space covers parks. Campgrounds are not a permitted use in the GBD.

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

Motion carried.

MINSCH/KRANICH - MOVED THAT LINE 88 BE CHANGED FROM “APARTMENT” TO “RESIDENTIAL”.

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

Motion carried.

ZAK/MINSCH – MOVED TO AMEND LINE ITEM 137 (a)(1): THE MINIMUM LOT AREA SHALL BE 20,000 SQ. FT.

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

Motion carried.

Signs

City Planner McKibben explained roof forms and canopies are included in the signage dimension if there is a commercial message on it. Chair Chesley said the intent of the code when written was that a chain restaurant with a motif specific to their advertising image included in the roof line would count for signage. It was noted the sign code needs clarification.

HESS/MINSCH – MOVED TO ADD TO LINE 182 2(f): MAIN ENTRANCE TO DEVELOPMENT MAY INCLUDE ONE GROUND SIGN ANNOUNCING THE NAME OF THE DEVELOPMENT. SUCH SIGN SHALL CONSIST OF NATURAL MATERIALS. AROUND THE SIGN GRASS, FLOWERS, AND SHRUBS SHALL BE PLACED AS TO PROVIDE COLOR AND VISUAL INTEREST.

Taken from the Gateway Overlay District architecture based on generic franchise design is prohibited. When franchise and national chains are proposed architects will comply with the CDM.

The need for address numbers on buildings and the procedure for obtaining them was discussed. City Planner McKibben will research the process and report to the Commission.

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

Motion carried.

HESS/ZAK - MOVED TO CREATE A NEW CHAPTER: HCC 21XX-- ARCHITECTURAL STANDARDS – ARCHITECTURAL BASED ON GENERIC FRANCHISE DESIGN IS PROHIBITED, RATHER WHERE FRANCHISE BUILDINGS ARE PROPOSED ARCHITECTS WILL COMPLY WITH THE COMMUNITY DESIGN MANUAL.

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

Motion carried.

HESS/ ZAK - MOVED TO INCLUDE THE WORD “NOT” ON LINE 174.

HESS/MINSCH - MOVED TO AMEND THAT ANY USE WHICH IS MADE NONCONFORMING BY THE ADOPTION OF THIS CHAPTER MAY NOT BE EXPANDED IN ANY MANNER.

Nonconforming covers anything that is existing.

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

Motion carried.

KRANICH/ZAK - MOVED TO CHANGE LINE 188: CHANGE THE WORD “CENTRAL” TO “GATEWAY”.

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

Motion carried.

MINSCH/KRANICH - MOVED TO REQUIRE PAVING OF ALL VEHICULAR WAYS, INCLUDING BUT NOT LIMITED TO PARKING LOTS, ACCESS ROADS AND DRIVEWAYS ON ALL NEW DEVELOPMENT IN THE GATEWAY BUSINESS DISTRICT.

Dust control and keeping on par with everyone else within the district is the intent. It would not be fair to let others in with dirt roads.

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

Motion carried.

HESS/MINSCH – MOVED THAT STARTING ON LINE 110 STRIKE “ONLY AS AN ACCESSORY USE” PERMITTED IN THE GATEWAY BUSINESS DISTRICT.

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

Motion carried.

HESS/MINSCH – MOVED THAT STARTING ON LINE 74 CHANGE THE LANGUAGE TO RESTAURANTS, CLUBS, DRINKING ESTABLISHMENTS.

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

Motion carried.

MINSCH/ZAK – MOVED TO DELETE LINES 19 AND 20.

The Commission discussed the origin of the language and does not believe the GBD is complementary to the CBD. They are two separate entities, are zoned differently, and the retail is not complementary to the CBD.

VOTE: YES. KRANICH, ZAK, HESS, MINSCH

VOTE: NO. CHESLEY

Motion carried.

When Dr. Marley initiated the petition to expand the CBD the emphasis was for visitor related uses. City Planner McKibben said retail has been limited in a way that differs from other districts. Hotels and motels have not been limited in the same way. It could be argued it has the tourism emphasis. The Commission agreed by unanimous consent to add a Whereas clause for traffic.

The Commission discussed the CDM and its application to the GBD. The CDM only applies to conditional uses in the CBD; Council will have to pass a resolution for the CDM to apply to the GBD.

City Planner McKibben is to prepare a memorandum for the ordinance that will go before the City Council on August 28, 2006.

B. Staff Report PL 06-77 – Gateway Overlay District - Ordinance 06-XX

HESS/MINSCH – MOVED TO CONTINUE ITEM B TO THE NEXT MEETING.

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

COMMENTS OF THE AUDIENCE

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

Emmitt Trimble told the Commission they did some good work tonight. He clarified that tourism and Dr. Marley was in response to the request of Bill Smith to introduce the rezoning request. He was reluctant to introduce it into the CBD and suggested coming up with a new zoning classification. That is the first time we talked about gateway or tourism.

Mr. Trimble was asked if there was anything inappropriate the Commission has done on the GBD since discussions first began. Mr. Trimble doesn’t think anything was done tonight that is controversial. The gentleman with the two lots may not feel that way. The area could be solved with Residential Office. The next logical expansion of the CBD would be out close to East Hill. The justification for the two lots in Carriage Court is that it is an intersection; it would be better being Residential Office. The other way out East Road would be for more office cluster. Beyond the road there is an intersection flow of traffic. The neighbors testified they did not like it. Mr. Trimble concluded everything that happed tonight served everyone well.

Chair Chesley urged the visitor to express his compliments to the City Council.

COMMENTS OF THE COMMISSION

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

Commissioner Hess agreed with Chair Chesley the compliments should be taken to City Council as Council may feel that the Commission is overly restrictive. The Commission’s goal is to have quality development.

Commissioner Minsch asked if the ordinance could be presented to Council with a copy of the CBD early so they have time to review it. City Planner McKibben said she needs time to prepare the report and can highlight the changes. She has no mechanism to communicate with Council outside of the packet. Chair Chesley said a Planning Commissioner could go to the Council meeting of August 14^th to give a report of the Commission’s work on the GBD. City Councilmembers can call the City Planner to obtain information while waiting for her to complete the staff report. City Planner McKibben would appreciate their comments early in the process.

Commissioner Zak said the Commission did good work.

Commissioner Kranich said adding retail in was the change the Commission was trying to accomplish. He hopes it will be acceptable to City Council.

Chair Chesley thanked the Commission for enduring a series of meetings. He has missed the Commission and has been thinking positive thoughts their way. He thanked Deputy City Clerk Johnson and City Planner McKibben.

City Planner McKibben reported there is an appeal from Central Charters on a sign issue that may dissolve. The Commission briefly discussed the appeal process.

ADJOURNMENT

There being no further business to come before the Commission the meeting adjourned at 9:51 p.m. 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: ________________________