Session 08-15, a Regular Meeting of the Homer
Advisory Planning Commission was called to order by Chair Kranich at
PRESENT: COMMISSIONER
BOS, KRANICH, MINSCH,
STAFF:
PLANNING TECHNICIAN
ENGEBRETSEN
DEPUTY
AGENDA
APPROVAL
Commissioner Storm requested that item D under
Public Hearings be moved to item B.
The amended agenda was approved by consensus of the
Commission.
PUBLIC
COMMENT
The Public may speak to the Planning Commission
regarding matters not scheduled for public hearing. (3 minute time limit)
Presentations 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.
RECONSIDERATION
There were no items for
reconsideration.
ADOPTION OF THE 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.
1. Approval of the Minutes of June 4, and
2. Time
Extension Requests
3. Approval
of City of
4. KPB
Coastal Management Program
MINSCH/STORM MOVED TO APPROVE THE CONSENT AGENDA.
There was no discussion.
VOTE: NON OBJECTION: UNANIMOUS CONSENT
Motion carried.
PRESENTATIONS
Presentations approved by the Planning Director,
the Chair, or the Planning Commission. A Public Works representative may
address the Planning Commission.
There were no presentations.
REPORTS
A. Borough
Report
There was no Borough Report.
B.
There was no KBAPC report.
C. Planning
Director’s Report
City Planner Abboud and Planning Technician
Engebretsen reviewed the staff report.
PUBLIC
HEARINGS
The Commission conducts Public Hearings by hearing
a staff report, hearing public testimony and the acting on the Public Hearing
items. (3 minute time limit) The commission may question the public. Once the
public hearing is closed the Commission cannot hear additional comments on the
topic.
City Planner Abboud
reviewed the staff report.
Chair Kranich noted there w
There were no public
comments.
Chair Kranich closed the
public hearing.
There were no commission
comments.
Commissioner Storm stated she has a conflict of
interest. She explained that she sat on the Board of Directors and helped f
MINSCH/ZAK MOVED THAT
COMMISSIONER STORM
There was no discussion.
VOTE: YES: MOORE, MINSCH,
ZAK, KRANICH, SINN, BOS
Motion carried.
Commissioner Storm left the
table.
Commissioner Moore stated
he may have a conflict as he provides dumpster service.
MINSCH/ZAK MOVED THAT
COMMISSIONER MOORE
There was brief discussion clarifying he provides
dumpster service for the church. The Commission reviewed their policy and
procedures and
VOTE: YES: MINSCH, SINN, KRANICH, BOS, ZAK
Motion carried.
Commissioner Moore left the
table
Emilie Otis, Boardmember of Kachemak Kids Early
Learning Center, explained that their mission is to provide a safe, nurturing,
cooperative style preschool and childcare program that strengthens families
through the education of parents and staff. It is a non profit organization
that opened in September of 2007. The program is based on a whole child
approach for early childhood development and provides a long awaited solution
for the needs for childcare and preschool in Homer. They believe in the value
of play and creative exploration as means for children to develop a love of
learning, effective sk
Chair Kranich opened the public hearing.
Marlena Hodgdon commented that she has a child
enrolled in the program since it opened and plans to keep her there until next
year. She supports the program completely and has started getting more involved
in the program. Moving to a larger location w
There were no further public comments and Chair
Kranich closed the public hearing.
MINSCH/BOS MOVED TO ADOPT
Planning
Commission approve CUP 08-06 with the following conditions.
There was brief discussion that the fencing is
required by code for a day care facility and that is the only thing needed to
be accomplished for the facility to operate.
VOTE: YES: MINSCH, ZAK, KRANICH, SINN, BOS
Motion carried.
Chair Kranich noted for the record that this action
can be appealed.
Commissioners Storm and
C. Staff Report PL 08-84, Land’s Staff Report PL 08-82, A
Request to Amend Conditional Use Permit 08-02 to Reduce the Garage Building Set
Back Distance from the North Property Line at Land’s End Condominiums, Located
at 4799 Homer Spit Road
Commissioner Moore stated that he has a conflict of
interest.
ZAK / MINSCH MOVED THAT
COMMISSIONER MOORE
Commissioner Moore explained that he provides
dumpster service. Lea Miner, project manager, noted that Mr. Moore works for
the Homeowners Association not the applicant.
VOTE: YES: ZAK, SINN, BOS,
STORM, KRANICH
NO: MINSCH
Motion carried.
Commissioner Moore left the
table.
City Planner Abboud and
Planning Technician Engebretsen reviewed the staff report.
Jon Faulkner, President of Land’s End Development
Corp. and applicant, welcomed the new Commissioners. He expressed his
understanding that it was clarified at the last meeting and he didn’t believe
it was the Commissions intent originally when this was passed to cause them to
redesign the project. He outlined that in the letter to the Commission. Mr.
Faulkner referenced the code that invoked the 25 foot setback, specifically
Public Works Director Meyer confirmed that he is in
agreement with Mr. Faulkner’s proposal. He explained that the easement that was
agreed upon was 21 feet total with 11 feet on Mr. Faulkner’s property and 10
feet on the neighboring City property and eventually the storm drain w
Chair Kranich opened the public hearing.
There were no public comments, and Chair Kranich
closed the public hearing.
MINSCH/SINN MOVED TO ADOPT
1. Amend Finding for PUD-
The proposed garage-boat storage
building must be set back a minimum of 14 feet from the north property line.
2. Amend Condition (i) to state:
i.
The
maximum garage floor area shall be 4,750 square feet. The maximum building height for the
garage-boat storage units w
3. Findings to support this recommendation:
Question was raised whether there were examples of
doing a similar size drainage easement with other property owners in the City.
Planning Technician Engebretsen responded that it may be found in certain
subdivisions, she is not aware of any between commercial properties, but there
is a problem out there and both parties need to work together for a solution.
Normally we don’t ask applicants to work with the City to find solutions for
our common problem, but in this case the City is one of the property owners.
The site demands this because of the problems there. This CUP only deals with
the Land’s End Corporation property so the drainage easement w
Public Works Director Meyer concurred that the City
is not granting an easement at this time, but at the appropriate time when the
City’s property is developed. Mr. Meyer said the proposed 15 foot setback is from
the bank of the ditch to the building.
It was clarified that this action only establishes
11 feet of a 21 foot easement. There is pending development on the City lot, so
the other 10 feet of the easement is in the future.
VOTE: YES: KRANICH, BOS, STORM, ZAK, SINN, MINSCH
Motion carried.
D. Staff Report PL 08-80, A Request for a Conditional Use
Permit at 3670 Lake Street for the Expansion of the Court House, for more than
one building containing a permitted principal use on a lot per
Planning Technician
Engebretsen reviewed the staff report.
Phil Slabaugh thanked Planning Technician’s
Engebretsen and Harness for doing a great job of pulling information together.
Mr. Slabaugh commented that the DAP that he f
Mr. Slabaugh clarified that the south lot is for the
State employee parking and police vehicles that bring the prisoners to court
and the north lot is for public and jurors. The goal is for separation between
the juror parking and employee parking as there is more concern for security.
Regarding snow removal, he expects it w
Chair Kranich noted for the record that Al Waddell,
the neighbor across the street called and left a message on Chair Kranich’s
home answering machine and cell phone expressing concern about parking for the
facility. Chair Kranich stated that he did not return Mr. Waddell’s calls and
had no conversation with him about it.
Mr. Slabaugh added that the State has agreed to a
25 year lease with 2 five year options. In the 35 years they want to set aside
another 2500 square feet and another ten parking spaces.
Point was raised that for a lot of people in the
community, parking at the court house has been a big problem in the past. It is
requested that there be a reduction in parking spaces, but there needs to be
assurance that this new parking design will be adequate to solve the problem.
Mr. Slabaugh responded that currently the north parking hasn’t really been used
by jurors at all because of the breezeway between the buildings. They would’ve
had to go around the building to get in. He noted the new parking layout on the
aerial photo. Regarding the islands, Mr. Slabaugh commented that he would like
to see the one on the north side of the building go away as they are creating a
green strip along the building, so it is not needed. The ones in the north lot
are fine.
Planning Technician Engebretsen noted that staff
followed code regarding office requirements and fixed seating in determining
the parking requirement. The code written a few years ago requires more
landscaping than this building has. It is an existing building so the parking
islands is an attempt to bring this property up to current City Code, if
possible, but there is a trade off between landscaping and parking. On the site
plan from 1983 there were 56 spaces; however the spaces on the north side
weren’t really developed. The current request is for a 5% reduction for a total
requirement of 66 spaces. Ms. Engebretsen clarified that 71 spaces are
required, 69 are shown on the site plan, and staff is recommending that 66 be
required.
There was brief discussion that the exit on the
south parking lot, entering
Chair Kranich opened the public hearing.
There were no public comments and Chair Kranich
closed the public hearing.
MINSCH/ZAK MOVED TO ADOPT
Question was raised if the dumpster has to be
completely enclosed. Planning Technician Engebretsen explained that the purpose
of the requirement is to block the sight of the dumpster from neighboring
properties and could probably be accommodated by enclosing three sides.
MINSCH/ZAK MOVED TO AMEND CONDITION 6 TO READ
ELIMINATE THE SOUTHERN MOST CURB CUT ON
It was clarified that the Commission’s intent is
for staff to deal with it, it doesn’t have to come back before the Commission.
There was brief discussion that in accordance with
City Code there is not frontage between the driveway and Ben Walters, but it
could be dealt with if it is one way.
VOTE: NON OBJECTION: UNANIMOUS CONSENT
Motion carried.
ZAK/MINSCH MOVED TO ELIMINATE STAFF RECOMMENDATION
Commissioner Zak explained that if this motion
passes he would recommend amending recommendation 5 to reduce some of the
islands and increase spaces.
Commissioner Storm expressed her view that the City
and Commission have worked hard to develop the Community Design Manual and
Comprehensive Plan calling for more landscaping and visual, aesthetic
improvement on property. She thinks that if the Commission keeps giving
concessions for more parking it undermines the other initiatives that the
Commission has put in place.
Discussion ensued regarding the effect of the
amendment. Planning Technician Engebretsen commented that the implication is
that if the parking spaces were removed, more landscaping could be added and
the applicant would have to meet the 10% landscaping requirement, which they
are close to with existing plan. By allowing the parking reduction they can
increase the landscaping. Further comments included:
·
There
is other landscaping in the plan and the islands in this particular parking
plan could be seen as a liability and it would be a better plan overall for the
project not to have these little islands.
·
The
applicant had mentioned earlier he would like to see island 3 removed and the
Commission has expressed the need for more parking. It is a little give and a
little take.
VOTE: YES: MOORE, MINSCH, SINN, KRANICH, BOS, ZAK
NO:
STORM
Motion carried.
MOORE/MINSCH MOVED TO AMEND CONDITION 8 THAT THERE
BE A SIX
Commissioner Moore clarified his intent is that it
not be enclosed on all four sides.
VOTE: NON OBJECTION: UNANIMOUS CONSENT.
Motion carried.
ZAK/MOORE MOVED TO AMEND CONDITION FIVE THAT WE
CHANGE IT FROM 10% TO 5% OF THE PARKING AREA TO ALLOW US TO ELIMINATE THE
It was clarified that that it is the intent to
change the 10% in both places in condition five to 5%.
Commissioner Storm reiterated her concern regarding
the Community Design Manual and efforts to beautify Homer. She feels they are
spot changing code requirements based on the use of this property.
Discussion points included:
·
When
dealing with snow removal in the winter, the islands further reduce parking
spaces.
·
If
this were a new building being built some of their views would likely be
different and they wouldn’t be recommending removing anything. This effort is
trying to find a compromise between new rules and an old building.
·
This
property is a unique case because we know how bad the parking there can be. No
one wants to eliminate the green spaces, but in reality this case dictates that
parking is more important.
·
In
the past the north lot has been used to less than 50% of its potential.
·
The
south lot is being designated for employees only and so all the jury pools will
be required to park only in the north lot.
VOTE: YES: ZAK, SINN, BOS, MINSCH, MOORE, KRANICH
NO:
STORM
Motion carried.
Planning Technician Engebretsen suggested the
Commission may want to consider specifying what island the Commission want
deleted from the upper lot. There was discussion that island three, the one
against the building, is the one the applicant would prefer to have
removed.
ZAK/MINSCH MOVED TO AMEND ITEM 5 TO ELIMINATE THE
LAST SENTENCE IN THE FIRST BULLET - THE PARKING ISLANDS TO BE A MAXIMUM OF
100 FEET APART PER THE CDM P 29 #4,7
There was no discussion.
VOTE: YES: BOS, MINSCH, MOORE, ZAK, KRANICH, SINN
NO:
STORM
Motion carried.
There was no further discussion on the main motion
as amended.
VOTE: (Main motion as amended): YES: BOS, MINSCH,
Motion carried.
Chair Kranich called for a recess at
PLAT
CONSIDERATION
The Commission hears a staff report, testimony from
applicants and the public, The Commission may ask questions of staff,
applicants and the public, The Commission will accept testimony or a
presentation on agenda items that involve an applicant.
Planning Technician Engebretsen reviewed the staff
report.
There were no applicant comments or public
comments.
MINSCH/STORM MOVED TO ADOPT
Planning Commission
recommend approval of the preliminary plat with the following comments:
There was no discussion.
VOTE: NON OBJECTION: UNANIMOUS CONSENT.
Motion carried.
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, applicants, and the public. Any items brought before the
Commission for discussion are on the floor for discussion following
introduction of the item. The Commission will accept testimony or a
presentation on agenda items that involve an applicant (such as acceptance of a
non conformity).
Chair Kranich opened the
floor for nominations for the Chair.
Commissioner Zak nominated
Commissioner Minsch as Chair. There were no other nominations.
VOTE: NON OBJECTION:
UNANIMOUS CONSENT.
Commissioner Minsch nominated Commissioner Storm as
Vice Chair. There were no other nominations.
VOTE: NON OBJECTION:
UNANIMOUS CONSENT.
There was no objection for
Commissioner Kranich to finish the meeting as Chair.
MINSCH/ZAK MOVED TO DISCUSS
Chair Kranich commented that the Commission
discussed this during the worksession.
Their first four recommendations are
·
Alternative
Water Source
·
Deep
Water Dock
·
·
Homer
Intersections
The remaining items they discussed will be included
in the memorandum to Council listed in no particular order.
MINSCH/SINN MOVED TO HAVE STAFF PREPARE A
MEMORANDUM FOR COUNCIL
There was no discussion.
VOTE: NON OBJECTION: UNANIMOUS CONSENT
Motion carried.
INFORMATIONAL MATERIALS
A. Memorandum dated
B. Letter dated
C. Letter dated
D. Resolution 08-81, a Resolution of the City Council of Homer,
Alaska, Requesting that the Alaska Department of Transportation Transfer
Parking Management and Enforcement Authority Within the Sterling Highway
Right-of-way Between Freight Dock Road and Fish Dock Road to the City of
Homer
COMMENTS OF THE AUDIENCE
Members of the Audience may
address the Commission on any subject.
There were no audience comments.
COMMENTS OF THE COMMISSION
Commissioners may comments
on any subject, including requests to staff and requests for excused absence.
Commissioner’s Sinn, Moore,
and Bos had no comments.
Commissioner Storm welcomed
the new Commissioners and the New City Planner.
Commissioner Zak dittoed Ms. Storm’s comments and
thanked Mr. Kranich for his leadership. He hopes Mr. Kranich knows that a no
vote against him does not say that they don’t like him as Chair.
Commissioner Minsch thanked Mr. Kranich for being a
great Chair. She thanked Commissioner Storm and welcomed the new Commissioners.
Chair Kranich welcomed the new Commissioners. As a
life long resident in Homer he is pleased to see Mr. Moore and Mr. Sinn two
long time, young residents stepping forward to become involved in the City
government process. Mr. Bos being new to the area will bring a new viewpoint.
Mrs. Storm is a relatively new member as well. He is happy to see them
involved, not that they will all agree on everything, but everyone’s view
points are respected. It has been a pleasure being Chair and working with
staff.
ADJOURN
Meetings adjourn promptly at
There being no further business to come before the
Commission, the meeting adjourned at
MELISSA JACOBSEN, DEPUTY
Approved: