Session 08-01, a Regular Meeting of the Homer
Advisory Planning Commission was called to order by Chair Kranich at
PRESENT: COMMISSIONER
HESS, HOWARD, KRANICH, MCNARY, MINSCH
ABSENT: COMMISSIONER
FOSTER, ZAK (Both excused)
STAFF:
DEPUTY
AGENDA
APPROVAL
HESS I
There was no discussion or objection.
Motion carried.
The 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.
Councilmember Chesley commented regarding
RECONSIDERATION
HOWARD/HESS I
Commissioner Howard commented that she requested
reconsideration so she could further study the parking issues and would like to
have more discussion.
VOTE: NON OBJECTION: UNANIMOUS CONSENT.
Motion carried.
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 w
1. Approval
of the Minutes of
2. Time
Extension Requests
3. Approval
of City of
4. KPB
Coastal Management Program
5. Commissioner
Excused Absences
Chair Kranich noted that the November 7 and
December 20 meeting minutes were removed during agenda approval. He also noted
that he had some typographical amendments he would provide to the Clerk
regarding the December 5 minutes.
The amended consent agenda was approved by
consensus of the Commission.
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 McKibben reported that the
Policy/Procedure and Bylaw Committee meets next Wednesday at
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 McKibben
reviewed the staff report.
There were no applicant comments. Chair Kranich
opened the public hearing. There were no public comments. Chair Kranich closed
the public hearing.
MINSCH/HESS I MAKE A MOTION TO ADOPT
Staff recommends the
Planning Commission recommend adoption of the attached rezone ordinance and
make the following findings:
Commissioner McNary questioned if any of the
noticed property owners had commented regarding this action. City Planner
McKibben said they received no comments.
Commissioner Hess commented his understanding that this
rezone is in no way related to the potential CUP that may come before the
Commission regarding the expansion of the water treatment facility and disclosed
that he has full intentions in bidding on the project. He doesn’t feel he has a
conflict in dealing with the rezone.
Commissioner Hess stated that he agrees with the
concept behind the rezone. As a Commissioner he is supposed to be following the
Code and said because this was an annexed property and rezoned after annexation
those properties would come before the commission for non conforming status.
The non conforming section of the Code allows for expansion of the facilities
on those lots and there is nothing in Code that would not allow the continued
operation of the water treatment facilities, so he can’t agree with the
statement in the staff report that the public need and rezone is justified
because these facilities are necessary for continued operation of the water
treatment facility. It would presently be allowed to expand if the City
requests a non conforming status.
Commissioner Minsch commented regarding comment in
the application on page 28 that should the lot lines change the water treatment
facility w
There was discussion for clarification regarding
the replat that is in process.
VOTE: NON OBJECTION: UNANIMOUS CONSENT.
Motion carried.
City Planner McKibben read the staff report.
Chair Kranich opened the public hearing. There were
no public comments and Chair Kranich closed the public hearing.
MINSCH/HESS I MAKE A MOTION TO ADOPT
Planning Commission conduct
a public hearing, and recommend the City Council approve the proposed
ordinance.
MCNARY/MINSCH MOVED TO AMEND THE DRAFT ORDINANCE
TABLE 2 PART A FIRST SENTENCE THAT READS “THE MAXIMUM COMBINED TOTAL
Table 2 Part
B
In all other
districts (sign area of all signs, in square feet,…
There was brief discussion.
VOTE(Primary Amendment): NON OBJECTION: UNANIMOUS
CONSENT
Motion carried.
MCNARY/MINSCH I MAKE A MOTION TO AMEND THE FIRST
PARAGRAPH BELOW TABLE TWO PART B THAT BEGINS “
In all
districts covered by Table 2 Part B, on any lot with multiple principal
buildings or with multiple independent businesses or occupancies in one or more
buildings, the total allowed sign area may be increased beyond the maximum
allowed signage as shown in Table 2 Part B by 20%, but t . This
additional sign area can only be used to promote or identify the building or
complex of buildings.
There was no discussion.
VOTE (Primary Amendment): NON OBJECTION: UNANIMOUS
CONSENT.
Motion carried.
There was no further discussion on the main motion
as amended.
VOTE: NON OBJECTION: UNANIMOUS CONSENT.
Motion carried.
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 w
There were no plats for consideration.
PENDING
BUSINESS
MINSCH/HESS I
MAKE A MOTION TO ADOPT
Amended as follows at
the Dec. 20 meeting:
MCNARY/FOSTER-MOVED TO AMEND STAFF REPORT 07-103 DELETE REQUIREMENT TO lease
MCNARY/FOSTER - MOTION TO AMEND THE SUMMARY OF STAFF RECOMMENDATIONS ON
MCNARY/MINSCH -
FOSTER/ MCNARY - MOVED TO LIMIT FIXED SEATING TO
Commissioner Howard expressed
concern about the additional conditions placed on the project and the practical
viability and ultimate success due to the proximity of the off site parking. She noted that the staff report identifies
several CUP’s on the spit which have on site parking and that this project has
historically been plagued with parking difficulties. She asked for
clarification on measuring for off site parking in
City Planner McKibben
reviewed
There was discussion regarding the location of the
crosswalks. City Planner McKibben referred to staff report PL 07-103 and said
the proximity of the proposed off site parking is across the street. The
pedestrian crosswalk is approximately 300 feet to the north. When considering
the off-site parking staff referred section 7.12.144 offsite multiple use
parking. Ms. McKibben said they did not refer back to the mainland section that
Commissioner Howard referred to, which requires the proximity to the crosswalk.
On the spit the Code is less specific.
Commissioner Hess stated that he supports the goals
of KSMA, but the Commission is dealing with the zoning issues and problems. He
reiterated his suggestion from a previous meeting that this parking issue
should go to the Council for a determination. Chair Kranich noted that there is
a determination from the City Attorney that the Commission is empowered to make
determinations on Code matters they have the authority to deal with and parking
is one of them. Mr. Hess argued that he doesn’t agree that they need to make
the interpretation if the Code is unclear.
Commissioner Hess further commented regarding the appropriateness
of using a Planned Unit Development (PUD) for relief from the setback. He noted
that there have been two or three other PUD’s, including
City Planner McKibben said the purpose
Commissioner
Hess reiterated his concern of putting too broad of a standard on when an
applicant is applying for a PUD.
Marie
Bader, applicant, requested an opportunity to speak to the Commission. There
was no objection.
Ms.
Bader thanked the Commission for their consideration of this matter. She knows
they are putting their minds to it and trying to come up with some doable
alternatives. She noted her letter dated December 31 that was provided to the
Commission and said this project has been in the City’s periscope for over four
years. Several members of the group have met with the last two Mayors and City
Manager on how to go about this. If parking issues were going to be a stumbling
block, there have been four years to sort out the code. KSMA has complied with
a whole bunch of agencies, bureaus, managements, w
Commissioner
Hess asked about the State DOT requirements for parking, he asked if she is
aware if DOT would not grant KSMA continued use of the parking, that the use
would not be allowed anymore and the facility could not operate without the
continued approval. Ms. Bader said they have received no indication from DOT
that they would not extend parking there. KSMA has been in contact with them,
but they are waiting for the City to move. It has come down to the Planning
Commission.
Commissioner Hess asked if they are aware that if
the scope of their project changes the way she is suggesting it may, then the
permit is no longer valid and they may have to go through another permit
process for that. City Planner McKibben
clarified that generally if a CUP is approved and the project remains the same
but is reduced in scale, they approve it. If the types of uses substantially
change from what was approved or if it is substantially larger, it would be
required to come back. Mr. Hess and Ms. McKibben discussed that point.
Commissioner Hess reiterated his concern regarding
the PUD.
Commissioner McNary commented that they are given
the leeway to make to decisions by looking at each case and its merits
individually and make a call. Being consistent implies that each case is the
same, and they are not. It appears that the PUD allows for relief from the
setback.
There was discussion regarding procedure with
regard to the call for the question and discussion with the applicant to
postpone. Commissioner Hess suggested they ask the applicant if they want to
postpone.
Chair Kranich called for a break at
Marie Bader asked for clarification that they need
five yes votes to pass. Ms. Bader commented that they are minute by minute
making decisions on what to do because every day that they can’t employ the
contractor is very important. If they have the vote tonight and it doesn’t
pass, they would have to appeal, which would be more time and she understands
it can be lengthy and expensive in the event they have to get a lawyer. She
feels they need to ask for postponement until February when the Commission w
MCNARY/HOWARD SO MOVED TO POSTPONE UNTIL THE NEXT
FULL COMMISSION ATTENDANCE MEETING.
City Planner McKibben anticipates February 20th.
There was brief discussion.
VOTE: NON OBJECTION: UNANIMOUS CONSENT.
Motion carried.
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 w
MINSCH/MCNARY MOVED TO POSTPONE THIS ITEM TO A TIME
AFTER COUNCIL CAN ADDRESS IT.
There was no discussion.
VOTE: NON OBJECTION: UNANIMOUS CONSENT
Motion carried.
City Planner reviewed the
staff report.
MINSCH/HESS I WOULD LIKE TO MAKE A MOTION TO ADOPT
Discussion ensued, points included:
·
Concern
about the potential to impact the
·
There
may be an opinion regarding
·
Strike
line 152 in the draft ordinance and when the City can afford ladder truck, they
can revisit the issue.
MCNARY/MINSCH I MOVE TO STRIKE 21.56.030(i) LINE
152 IN THE DRAFT ORDINANCE.
Commissioner Hess noted the Fire Chief’s comments
regarding the recent
There was brief discussion regarding landscaping
and site design with relation to density in the town center.
VOTE (Primary Amendment): NON OBJECTION: UNANIMOUS
CONSENT
Motion carried.
Further discussion followed:
·
There
has been discussion that the town center would be a future home for the
Farmer’s Market.
·
Allowing
open air business allows for flexibility for uses permitted there.
·
There
is a need to establish some rules for open air business.
·
Architectural
Standards for the siding and trim.
HESS/MINSCH I MOVE THAT WE STRIKE LINE 131
Commissioner Hess expressed his concern regarding
PUDs.
Commissioner McNary asked for clarification. City
Planner McKibben explained that this makes a significant change from the
current PUD language in our other districts. For this district it would only
allow permitted uses in the district but would still provide for flexibility in
other aspects of the development and phasing.
The Commission continued to discuss PUD’s.
VOTE (Primary Amendment): YES: HESS
NO:
MINSCH, KRANICH, MCNARY, HOWARD
Motion failed.
It was noted that there will be other opportunities
to address this prior to the adoption of the ordinance.
Other discussion included:
·
Drive
through establishments as a deleted use and how that could effect having a
drive through espresso stand or coffee establishment. More research needs to be
done on that.
·
Ensure
definitions of the deleted uses are included for reference when issues arise.
There was consensus of the
Commission to add this to the January 16 worksession.
VOTE (Main motion as
amended): NON OBJECTION: UNANIMOUS CONSENT.
Motion carried.
City Planner McKibben reviewed the Commission Work
List.
There was discussion.
·
Move
spit parking to 1 and PUD to 2.
·
Itinerant
Merchants added to list regarding whether they require permits or not.
·
Procedure
for Commission asking questions of City Attorney.
·
In
lieu of dealing with spit parking, add a spit plan with the idea of asking for
consultant funding in the next budget year, recognizing that the spit needs to
be looked at.
·
Quarterly
meeting with Council is coming up and that would be an opportunity to discuss
Council’s priorities for the commission.
·
Comp
Plan and
·
Boundaries
for the Bridge Creek Watershed.
Commissioner Howard commented regarding the Code.
The Commission recognizes that it is broken, but doesn’t stop long enough to
fix it, even if it requires outsourcing to take care of it. Code codifiers are
skilled at this. She doesn’t know of better money that would be spent to help
the Commission and Council and also with lawsuits. It would pay for itself in
staff work soon. We don’t have the people power to do this and need to take
care of it through funding.
City Planner McKibben pointed out that the
technical rewrite should help in resolving a lot of the problems. The policy
rewrite would come after the Comp Plan is adopted.
City Planner McKibben said they need to add
overslope. She will reorganize the list based on what is coming up in the near
future and bring it back to the Commission.
INFORMATIONAL MATERIALS
A. “Temps Welcome” article by Jennifer Gerend, AICP, Planning
Magazine, December 2007
COMMENTS OF THE AUDIENCE
Members of the Audience may
address the Commission on any subject.
B
Francie Robert, Councilmember, said she came to the
meeting to hear the Commission discussion on the Town Center Zoning Ordinance.
It came before the Council and they made the one amendment, but she wants to
hear the Commission’s input. She values the Commissions opinions because they
are looking at planning things. She w
COMMENTS OF THE COMMISSION
Commissioners may comments
on any subject, including requests to staff and requests for excused absence.
Commissioner Howard commented that the conversation in the
reconsideration was helpful. She hopes the applicant has observed their
struggle and that they w
Commissioner Hess commented that he probably said
too much during the meeting, but he is kind of wishing the vote would have gone
through tonight, he thinks it might have worked out for them.
Commissioner McNary said good night.
Commissioner Minsch had no comment.
Chair Kranich apologized and said when they have an
issue come up that requires a super majority or majority plus one, he w
ADJOURN
Notice of the next regular
or special meeting or work session w
There being no further business to come before the
Commission, the meeting adjourned at
MELISSA JACOBSEN, DEPUTY
Approved: