Session 08-04, a Special Meeting of the Homer
Advisory Planning Commission was called to order by Chair Kranich at
Chair Kranich noted for the record that
Commissioner Storm has read and signed the oath of office.
PRESENT: COMMISSIONER
FOSTER, HESS, KRANICH, MINSCH, STORM, ZAK
ABSENT: COMMISSIONER
HOWARD
STAFF:
DEPUTY
AGENDA
APPROVAL
The agenda was approved by consensus of the
Commission.
COMMISSION
BUSINESS
The Commission hears a report from staff, testimony
from applicants and public. Commission business includes resolutions,
ordinances, zoning issues; request for reconsideration and other issues as
needed. The Commission may ask questions of staff, applicants, and the public.
City Planner McKibben asked Commissioner Storm if
she has had the opportunity to review the minutes from the public hearing.
Commissioner Storm said she has.
Commissioner Zak commented that after consideration
since the last meeting he believes he has a conflict of interest regarding the
town center.
HESS/FOSTER I MAKE A MOTION THAT COMMISSIONER ZAK
Commissioner Zak explained that
There was brief discussion regarding the potential
business and the location of Mr. Shadle’s lots.
VOTE: YES: KRANICH
NO:
FOSTER, MINSCH, STORM, HESS
Motion failed.
Commissioner Hess asked about the laydown item that
refers to a conflict of interest with Chair Kranich. The Commission just
received it and hasn’t had an opportunity to review it. City Planner McKibben
said it had been forwarded to the City Attorney for review.
HESS/STORM
MOVED TO AMEND THE AGENDA TO ALLOW PUBLIC COMMENT.
There
was no discussion.
VOTE:
NON OBJECTION: UNANIMOUS CONSENT.
Motion
carried.
Frank Griswold, City resident, commented regarding
the copy of the legal opinion he provided the Commission, and said the property
that Assemblyman Coffey owned was outside the area rezoned by about a block.
When the Commission does discuss conflict of interest issues he thinks it would
be very good to refer to the specific provisions of the conflict of interest
code. Mr. Griswold said in today’s Homer Tribune there was a letter to the
editor from Frank Vondersaar in which he makes a reference to Homer’s first
Comprehensive Plan in 1969 where page one allegedly includes a statement that the
plan “outlines objectives for future development, emphasizing the need
for a strong centralized downtown.” Mr. Vondersaar states “39 years later we
are hoping to begin development that w
Chair Kranich reiterated the Commission’s recommendation
against building heights being increased above 35 feet. He commented in
opposition to reduction in the setback as noted on lines 170 and 171. He feels
it w
Commissioner Storm disagreed and commented that in
a lot of very successful small towns Main Streets are successful because what
they are doing is creating an exterior room in which personal bodies feel
comfortable. The reason Pioneer is not a nice place to walk is because the
physical body does not feel comfortable in space that is overwhelmingly large.
In order to make this space a destination place, creating smaller exterior
spaces make it more attractive for people to be on the sidewalk. The landscape
architects are looking at how to create some traffic calming and create spot
landscaped zones. There may not be a whole alley of trees, but there w
Question was raised whether lines 193 and 201 where
it refers to the square feet of building space are the same. City Planner
McKibben explained that this language is the same as they exist in the Central
Business District and mean different things. Line 193 limits the size of the
footprint and line 201 limits the building square feet.
There was discussion of #7 on line 249 regarding
whether a grading and drainage plan is required for all projects. City Planner
McKibben responded that it is for all projects in this proposed district. In
the
Discussion ensued regarding parking, specifically
line 337, parking lots with one single or one double loaded aisle and their
buffering requirements. City Planner McKibben explained that if there is a
minimum of a 15 foot buffer between the right-of-way then they don’t have to
have the internal landscaping with in the parking lot. She drew an
There was discussion about utilities. It was
pointed out that there are some criteria in the subdivision code.
MINSCH/FOSTER SO MOVED THAT
Comment was made that this is the time to add it
and the Council can discuss it.
VOTE: NON OBJECTION: UNANIMOUS CONSENT.
Motion carried.
Question was raised regarding cell phone towers and
whether they should be prohibited in the district. City Planner McKibben said
it may be covered in the Community Design Manual. No action was taken.
HESS/MINSCH I WOULD LIKE TO MAKE A MOTION FOR AN
ADDITION TO 21.50.070 AN ADDITIONAL NUMBER 4 ON SITE DEVELOPMENT OF C STARTING
AT LINE 301. IT SHALL READ “STORM WATER MANAGEMENT
There was no discussion.
VOTE: NON OBJECTION: UNANIMOUS CONSENT
Motion carried.
Discussion ensued regarding open air business and
the farmer’s market. Allowing open air market with out specifying farmers
market is moving backward. Concern was raised regarding limitless mobile food
service and itinerant merchants. They should be limited to City property. Right
now there is no oversight when it is in peoples parking lots and potential
problems arise. It was noted that currently the farmer’s market sets up in the
spring and breaks down in the fall, and that w
FOSTER/MINSCH MOVED TO REPLACE OPEN
There was no discussion.
VOTE: NON OBJECTION: UNANIMOUS CONSENT.
Motion carried.
There was discussion regarding the Town Center
District boundaries. Comment was made that zoning can be extended, but it isn’t
something that is easy to do in this town, because of the rule that it has to
meet a certain standard. Someone who wants to add a property to this zone isn’t
doing it because it is a benefit to the community, it w
They further discussed extending the boundary and
what boundaries they want to have considered. Non conforming status could be
extended to those properties that need it. This is the way to preserve this
core and encourage it to grow together.
STORM/MINSCH MOVED TO EXPAND THE DISTRICT SO THE
DISTRICT IS BOUND BY THE
Commissioner Zak requested to abstain from voting
on this motion because if the amendment passes the lots he referred to in his
earlier discussion of conflict would be included in the boundary. Chair Kranich called for a recess to clarify
what action needs to be taken at
Discussion resumed and Deputy City Clerk Jacobsen
reviewed the bylaws that pertain to abstaining. It was suggested that they vote
on Commissioner Zak abstaining and then if the vote on amending the boundaries
of the district passed, the Commission could take up his conflict of interest.
HESS/STORM I MAKE A MOTION FOR COMMISSIONER ZAK TO
ABSTAIN FROM THE QUESTION ABOUT THE EXPANSION OF THE DISTRICT.
There was no discussion.
VOTE: YES: FOSTER, MINSCH, STORM, KRANICH, HESS
Motion carried.
Commissioner Foster commented regarding including
the library property. There was brief discussion that it wouldn’t benefit to
the inclusion.
Chair Kranich noted that if the expansion of the
boundary takes place his brother’s property would be in the neighborhood of 300
feet from the corner of the new district. There was no action taken.
VOTE (Main motion): YES: KRANICH, FOSTER, STORM,
HESS, MINSCH
ABSTAIN:
ZAK
Motion carried.
HESS I WOULD LIKE TO MAKE A MOTION THAT
COMMISSIONER ZAK
Chair Kranich called for a second. Hearing no
response he stated the motion dies for lack of second.
FOSTER/MINSCH I MOVE THAT WE PUT
It could be changed if needed but this would start
things off on the right foot and this would make it easier to enforce. On the
other side of that it prohibits property owners from leasing spaces. Discussion
ensued.
HESS I CALL FOR THE QUESTION.
There was no discussion.
VOTE: YES: ZAK, HESS, STORM, FOSTER
NO:
MINSCH, KRANICH
Motion carried.
VOTE (Main motion): YES: HESS, KRANICH, FOSTER,
STORM
NO:
MINSCH, ZAK
Motion carried.
Commissioner Zak reiterated his concern regarding
his conflict of interest.
HESS/FOSTER I MOVE THAT COMMISSIONER ZAK
Commissioner Zak stated three reasons he feels he
has a conflict. The first is having worked for someone who now has property in
the district, the second having discussed a future business with someone who
now has property in the district and third because he has submitted a proposal
for art in the
Commissioner Hess did not agree with the conflict due
to the art project because that was available to anyone in the community to
participate in.
VOTE: YES: HESS, STORM, MINSCH, KRANICH
NO:
FOSTER
Motion carried.
Commissioner Zak left the table.
Comment was made that he participated for the rest
of the conversation and it was noted that he participated until the zoning
boundaries were changed.
There was brief discussion regarding parking.
STORM/FOSTER MOVED THAT ON STREET PARKING
It was noted that it isn’t likely to happen with
the schedule the Council has set up for the Town Center Ordinance. City Planner
McKibben said they have started working on the Title Seven amendments that are recommended
in the Town Center Development Plan and are likely to be done before the final
plat.
STORM/FOSTER MOVED TO AMEND THAT IT BE ADDRESS
PRIOR TO FINAL PLATTING.
There was no discussion.
VOTE (Primary amendment): NON OBJECTION: UNANIMOUS
CONSENT.
There was no further discussion.
VOTE (Main motion as amended): NON OBJECTION:
UNANIMOUS CONSENT.
Motion carried.
Question was raised on the reasoning for no
frontage roads. City Planner McKibben responded that frontage roads don’t
facilitate moving buildings closer to the street and creating the human scale
environment the Town Center Plan calls for.
There was discussion regarding whether there would
be another public hearing required. City Planner McKibben cited
City Planner McKibben suggested they recommend a
whereas clause that says the Commission held a public hearing since it is a
requirement. The Commission concurred and City Planner McKibben said she could
take care of it.
There was some discussion regarding how the
Community Design Manual is tied into this ordinance.
It was noted that a courthouse would be considered
under offices.
There was brief discussion recapping some of the
amendments that were proposed at the previous meeting where the Town Center
Zoning was first discussed and amended and also some discussion regarding
parking.
AUDIENCE
COMMENTS
Frank Griswold commented regarding a few procedural
matters. He said the doctrine of necessity allowing all conflicted members to
participate only kicks in if the meeting cannot be postpone to a time when a
meeting of non conflicted members is available. The City does not have the
authority to adopt extensive changes to its land use plan only non extensive
changes and the Town Center Plan was very extensive and both extensive and non
extensive revisions to the land use plan must be adopted by the Kenai Peninsula
Borough. The Town Center Plan was not. The purpose of the
If the zone is expanded to include the entire
Commissioner Zak returned to the table.
COMMISSION
COMMENTS
The Commissioners welcomed Commissioner Storm.
ADJOURN
There being no further business to come before the
Commission the meeting adjourned at
Melissa Jacobsen, Deputy City Clerk
Approved: