Session 08-16, a Regular Meeting of the Homer
Advisory Planning Commission was called to order at
PRESENT: COMMISSIONERS BOS, KRANICH, MINSCH,
STAFF:
PLANNING TECHNICIAN
ENGEBRETSEN
PLANNING TECHNICIAN HARNESS
DEPUTY
Approval of Agenda
The agenda was approved by consensus of the Commission.
Public Comment
The public may speak to the Planning Commission
regarding matters on the agenda that are not scheduled for public hearing or plat
consideration. (3 minute time limit).
Public may comment on new business items A and B
Reconsideration
There were no items for consideration.
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 w
1. Approval
of Minutes of
2. Time
Extension Requests
3. Approval
of City of
4. KPB
Coastal Management Program Reports
The consent agenda was approved by consensus of the
Commission.
Presentations
Presentations approved by the City Planner, the
Chair, or the Planning Commission.
There were no presentations.
Reports
a. Borough
Report
Rick Foster, Borough Planning Commissioner,
introduced himself and said he w
b.
There was no Kachemak Bay Advisory Planning
Commission report.
c. City
Planner’s Report
City Planner Abboud reviewed the staff report.
Public Hearings
The Commission conducts Public Hearings by hearing
a staff report, presentation by the applicant, hearing public testimony and
then acting on the Public Hearing items.
(3 minute time limit) The
Commission may question the public. Once
the public hearing is closed the Commission can not hear additional comments on
the topic. The
applicant is not held to the 3 minute time limit.
City Planner Abboud reviewed the staff report.
Chair Minsch opened the public hearing.
Kevin Hogan, City resident, commented that they
need to watch out for unintended consequences. He thinks we all realize what
drove the size limitations in the first place, the big box store issue. He
thinks right now this is a self-limiting defacto limitation on size with the
30% foot print, as there are not very many lots in the districts that can
accommodate a huge building, unless you start combining lots. We don’t know
what we could need in the future, it might be a high school or a super sized
hospital, he doesn’t think size limits are something that need to be on the
books at all. It was successful in keeping out Fred Meyer, but maybe that isn’t
what the community wanted. He would prefer that there isn’t a size limit at all
and they go with the 30% lot usage. His concern is what if this is put in and
then something comes along that we haven’t thought about. We need something
that is a huge building. If we don’t need it, don’t do it.
Barbara Howard, City Council member, commented that
we have some tidy up work to do as a result of the lawsuit. We put in place
ordinances that take us back to square one. The ordinance before the Commission
tonight is to take it to where we were prior to where we were before the
supreme the court ruling, except town square was not included because it was
not part of the lawsuit.
Commissioner Kranich asked if they feel that by
increasing the rest of the
Commissioner Storm questioned why 75,000 square
feet was chosen. Councilmember Howard responded that there was no specific
purpose behind the number, but it would allow 9,000 or 10,000 square feet
remodel capabilities to some of the existing stores that are getting close to
their max. Safeway or Ulmer’s for example. She expressed that there is some
merit to Mr. Hogan’s point about the percentage for the footprint. Her goal was
to get it back where we were and bump it up a little bit. She is eager to hear
the Commission’s discussion and what they find is the best thing to do at this
time.
There were no more public comments. Chair Minsch
closed the public hearing.
Question was raised regarding the size of Safeway
and Ulmer’s. Planning Technician Engebretsen said she thinks they are at about
30,000 square feet. Kachemak Gear Shed is larger at about 40,000 square feet.
STORM/KRANICH MOVED TO APPROVE ORDINANCE 08-30(S)
Commissioner Storm expressed her support for the
ordinance and her reason for not taking out the size limitation is 75,000
square feet is a lot of space for a town the size of Homer. Also if you take
out the size limitations there is the possibility of someone coming in a buying
up quite a number of lots and removing the lot lines and getting around size
limitations.
Commissioner Kranich commented if we were to look
at 2 acres with the 30% coverage limitation it would be around 28,000 square
feet. To have the parking associated with something 75,000 square feet; the
property would have to be 6 to 7 acres to accommodate the parking. He doesn’t
know if it would work based on 30% if we get rid of the size limit we may have
to rethink the coverage percentage and it may be upward of 30%.
Commissioner Sinn questioned if this is adopted
what w
Planning Technician Engebretsen clarified that the
30% lot coverage in the business district triggers a conditional use permit, it
is not a size cap. The only limitation in code is the 66,000 square feet.
There were no further comments Chair Minsch asked
for a role call.
VOTE: YES: STORM
NO:
BOS, MINSCH, MOORE, KRANICH, SINN
Motion failed.
Chair Minsch noted that they need to adopt findings
to support the action. She called for a short break at
SINN/BOS MOVED TO ADOPT A FINDING IT IS NOT
APPROPRIATE TO
There was no discussion.
VOTE: YES: MOORE, MINSCH, KRANICH, SINN, BOS
NO:
STORM
Motion carried.
KRANICH/BOS MOVED TO ADD A FINDING THAT THE HOMER
ADVISORY PLANNING COMMISSION RECOMMENDS THAT THE
There was no discussion.
VOTE: YES: MOORE, SINN, KRANICH, BOS
NO:
STORM, MINSCH
Motion carried.
Chair Minsch asked if the Commission wanted to
adopt any staff findings that support the comprehensive plan.
KRANICH/SINN MOVED TO ADOPT FINDING 1.
Large retail is associated with the creation
of year-round employment which supports the goal listed in the Homer
Comprehensive Plan Update (HCPU) (p.9).
There
was no discussion.
VOTE:
YES: MINSCH, KRANICH, SINN, BOS, MOORE
NO: STORM
Motion
carried.
The
Commission reviewed code relating to finding 3.
KRANICH/MOORE
MOVED TO ADOPT FINDING 3.
Chapter 21.57 of the
There was no discussion.
VOTE: YES: SINN, BOS, MINSCH, MOORE, KRANICH
NO: STORM
Motion carried.
There were no more findings proposed.
Chair Minsch entertained a motion to suspend the
rules and postpone this item until Commissioner Zak returns.
KRANICH/STORM SO MOVED.
There was no discussion.
VOTE: NON OBJECTION: UNANIMOUS CONSENT.
The Commission discussed their new business and
informational items.
Chair Minsch called for a recess at
Commissioner Moore stated he has a conflict of
interest.
ZAK/KRANICH MOVED THAT COMMISSIONER MOORE
Commissioner Moore said he provides refuse service
for the applicant.
There was brief discussion.
VOTE: YES: STORM, MINSCH, ZAK, KRANICH, SINN, BOS
Motion carried.
Commissioner Moore left the table.
Commission Bos stated he has a conflict of
interest.
ZAK/KRANICH MOVED THAT COMMISSIONER BOS
Commissioner Bos stated that he is a friend of Mr.
Adair and helped with this project.
VOTE: YES: MINSCH, SINN, KRANICH, STORM, ZAK
Motion carried.
Commissioner Bos left the table.
City Planner Abboud and Planning Technician Harness
reviewed the staff report.
Ed Adair, applicant, commented that the building
was built for storing equipment during the building process. He has finished it
to match the rest of the project and st
Commissioner Minsch opened the public hearing.
There were no public comments and she closed the public hearing.
STORM/KRANICH MOVED TO ADOPT
Commissioner Storm commented it is preferred that
people who develop their properties really need to stick with their CUP plans
the way it is initially presented to the Commission, she fully understands the
need for storage space on properties in Alaska and she agrees that this storage
building does not negatively impact the site or adjoining properties.
There were no further discussions.
VOTE: YES: MINSCH, ZAK, KRANICH, SINN, STORM
Motion carried.
Plat Consideration
The Commission hears a report from staff,
presentation from the applicant and testimony from the public. The Commission may ask questions of staff,
applicants and the public.
There were no plats for consideration.
Pending Business
There were no pending business items.
New Business
The Commission hears a report from staff. Commission business includes resolutions,
ordinances, zoning issues, requests for reconsideration and other issues as needed. The Commission may ask questions of staff and the
applicants. Any
items brought before the commission for discussion are on the floor for
discussion following introduction of the item.
The Commission w
City Planner Abboud reviewed the staff report.
STORM/SINN MOVED TO APPROVE
There was no discussion.
VOTE: NON OBJECTION: UNANIMOUS CONSENT.
Motion carried.
Informational Materials
Items listed under this agenda item can be
There was brief discussion about Commission training.
City Planner Abboud commented that he had communication with our legal
representatives to talk to the Commission about quasi-legal issues.
Comments of The Audience
Members of the audience may address the Commission
on any subject. (3 minute time limit)
There were no audience comments.
Comments of The Commission
Commissioners may comment on any subject, including
requests to staff and requests for excused absence.
Commissioner Zak appreciates the Commission letting
him be gone until
Commissioner Storm commented that she feels the
Commission has a responsibility to uphold the sentiments of Homer. Those
desires were presented in the Comprehensive Plan. She is hoping the Commission
can get to a better understanding and closer to being on the same page as we
get through the Comprehensive Plan.
Commissioners Sinn, Bos, Moore, and Kranich had no
comment.
Chair Minsch said good job. It is going to take
some time to get a rhythm and get it figured out.
Adjourn
Meetings w
There
being no further business to come before the Commission the meeting adjourned
at
MELISSA
JACOBSEN,
Approved: