Session 08-14, a Special Meeting of the Homer Advisory Planning Commission was called to order by Chair Kranich at 6:31 p.m. on June 30, 2008 at the City Hall Cowles Council Chambers located at 491 E. Pioneer Avenue, Homer, Alaska.

PRESENT: COMMISSIONER FOSTER, HESS, KRANICH, MINSCH, MOORE, STORM, ZAK

STAFF: ACTING CITY PLANNER ENGEBRETSEN

DEPUTY CITY CLERK JACOBSEN

Chair Kranich welcomed new Commissioner Lloyd Moore.

APPROVAL OF AGENDA AND 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

The agenda was approved by consensus of the Commission.

PLANNING DIRECTOR’S REPORT

A. Staff Report PL 08-75, Planning Director’s Report

Acting City Planner Engebretsen reminded Commissioners that if they weren’t here for the prior public hearings, they need to have read the record and minutes and declare it when the agenda items are introduced.

Acting City Planner Engebretsen advised the Commission that the Country Club Estates plat waiver is going through a lengthy appeal process through the Borough. Now is the time for parties to file their notice of appearance in order to continue to be part of the process. The City has filed on behalf of the City. The Planning Commission has the opportunity to be party to the appeal if they want to testify or present oral arguments. The Borough needs to be notified by Thursday. She noted that all of the comments and staff reports are part of the record of appeal already.

Commissioner Foster arrived at 6:34 p.m.

There was brief discussion and the Commission agreed to talk about it further after their other business items.

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 was discussion that the agenda states public may comment on matters not on the agenda, but the Commission bylaws state this public comment period is for agenda items. The Commission agreed to follow the information on the published agenda and allow comment on any matter.

Sharon Clause commented that she is a new resident over the last two or three years and wanted to speak regarding the CUP on the Sterling Highway, but since the public hearing has been closed she will make a general statement on behalf of crafts people in this area. She said there are a number of people that occupy their time doing different hobbies and creating crafts, and finding places to market those where they can. In Homer there is a dearth of places to market those crafts that are inexpensive or take a large percentage of the sale that the craftsperson, such as herself, is literally working for nothing. She encouraged that as the Commission is doing their planning and looking at different venues, to please keep in mind that there are a number of people who are retired or stay at home moms or dads who need a place to market their crafts and when a business comes forth and offers a place for that, please look at it as an enhancement of the flavor of Homer.

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.

A. Staff Report PL 08-76, CUP 07-12, 1563 Homer Spit Road (Lighthouse Village)

Acting City Planner Engebretsen noted three public comment items, a diagram of a possible intersection layout from Cynthia Cox, and letters from Glenn and Elizabeth Seaman and Ida Gryte. She reminded the Commission that exact design of the intersection is something that ADOT will come up with.

Acting City Planner Engebretsen summarized the staff report.

Commissioners Foster and Moore stated that they did read the record and minutes prior to this meeting.

Commissioner Foster stated that he has a professional, personal, and currently a ships crew relationship with the writer of this staff report.

Duane Knapp, applicant, thanked the Commission for the reconsideration and the opportunity to discuss the positive aspects of the project that have been backdoored because they have been busy mitigating the negative aspects. Mr. Knapp said he is receiving a lot of support from local businesses who will see more business from the project. He feels that the visual aspect for people visiting the spit will be attractive. The bike path will be very popular, as well as a good and safe addition to the community. The area will be paved and landscaped. They are going to do the best they can to make this an attractive development.

Commissioner Moore questioned if the lender is requiring a Phase II Environmental Study. Mr. Knapp responded that any lender will require it, it is a given.

Commissioner Foster asked if Mr. Knapp had any concern regarding the recommendations in the staff report. Mr. Knapp said he didn’t.

Doug Meeker, resident, neighbor, and owner of the Lighthouse Village, encouraged the Commission to accept the staff recommendation and grant the CUP. He noted the benefits of the project:

· It will boost local economy by utilizing construction crews, purchasing building supplies and plants and trees for landscaping, maintaining landscaping, sales tax revenues, and additional property tax will be generated.

· Safety benefits include decreased traffic on Spit Road, 7 foot wide bike path, and LOS C traffic control will be met.

· The development will make the spit more attractive through the planned landscape development.

Chair Kranich opened the public hearing.

Kelli Blue, owner of the Bay Club, commented in support of the project as it increases opportunity for business and growth in the community. She used to manage the Shorebird Run for the Chamber for several years and she sees this development as a wonderful addition and change to the landscape. It will improve the beauty and the impact as you pull out onto the spit road. She doesn’t feel the current uses are the first and best use of the property. She thinks the point is well taken that this development will enhance the aesthetic beauty of the environment. She thanked the Commissioners for their service and she has been impressed with the level of detail that they have given the project. As a community member she feels they have been extremely thorough and done the research. She feels confident in their work, that they have done their due diligence here, and encouraged them to move forward with this project.

Susan Cushing, city resident, thanked the Commission for their thoughtful consideration and the time spent listening to the neighborhood. She is grateful for good neighbors and believes the Meeker’s have been wonderful neighbors, but she wished they would have told them sooner what was going to happen there as it could have saved a lot of this distress. It has all turned out for the good and has resulted in good relations. She appreciates the outcome.

There were no further public comments and Chair Kranich closed the public hearing.

Mr. Knapp added that in response to concerns regarding traffic mitigation he has preliminary approval through his lender to participate in the funding of the intersection improvements.

The following main motion is on the floor for consideration:

TO ADOPT STAFF REPORT PL 08-65 CONDITION USE PERMIT 07-12 FOR LIGHTHOUSE VILLAGE WITH STAFF RECOMMENDATIONS 1B AND 2 THROUGH 15.

STAFF RECOMMENDATIONS:

Planning Commission make the following decision:

1. A. (Staff recommendation) The applicant to construct the B Street extension through from LHVD, a public right-of-way, to B Street per p28, Figure 8, TIA 2/22/08. This is in the best interest to the community and meets HCC 21.61.110. This also meets the goals and objectives of the 2005 Homer Area Transportation Plan, p26-33. This includes a bike path in the B Street right-of-way and along the LHVD, turning lanes on both the eastbound LHVD and the westbound Kachemak Drive, p22, Figure 7, TIA 2/22/08.

OR

B. The applicant to construct one-lane approaches on both the east bound, LHVD, a private drive, and westbound on Kachemak Drive, p22, Figure 7, TIA 2/22/08. LHVD to be its own Tract and built to city standards. The portion of the bike path running through LHVD Tract would be a dedicated public access easement, Note 4, 5/13/08 site plan. Upon completion of the intersection improvements at Homer Spit Road and Kachemak Drive, LHVD could be dedicated as a public right-of-way. At that time, the City could decide if it is willing to accept the public right-of-way.

Staff further recommends: Planning Commission approve CUP 07-12 with the following conditions, in addition to A or B above:

2. The project will meet all applicable local, state and federal requirements.
3. Due to the mixed uses and that 95% of the required parking can be accommodated by garage parking, a 50% parking reduction for outside parking spaces is granted.
4. Prior to excavation activity, a Development Activity Plan per HCC 21.49.060(d) will be submitted and approved by the City of Homer.
5. Prior to issuance of a Zoning Permit, a Stormwater Plan per HCC 21.49.060 (f) will be submitted and approved by the City of Homer.
6. All lighting to be down lit.
7. In the event that the utility and road infrastructure is not installed and paved, and minimum of 3 9 units are not ready for occupancy by November 1, 2013, the CUP will lapse. The applicant shall have one year to present a new timeline to staff. If no timeline is presented, the CUP shall expire at the end of that one year period. Any construction permitted under a valid zoning permit may continue. In the event that the applicant must reapply, new code requirements and conditions may apply and the project must conform to the Homer City Code in effect at the time of re-application.
8. Prior to installation of signs, the applicant must submit a sign plan that meets the intent of HCC 21.60 and obtain the necessary permit.
9. Fire Marshal certification required prior to foundation work.
10. Maximum of 22 residential dwelling units.
11. A minimum of 27% of the lot area must be landscaped and meet the following conditions:

· All trees susceptible to moose will have winter protection.

· Trees that do not survive the winter will be replanted the following growing season.

· Landscaping to be installed in phases, in conjunction with the building phases.

· For a year round visual buffer, 50% of the tree planting to be evergreens.

· The minimum trunk diameter is 1 ½” for deciduous trees. A minimum 3 foot height for evergreen trees.

12. Prior to issuance of a Zoning Permit an engineer to provide a Phase One Environmental Assessment that specifically states whether or not additional investigation or remediation is required.
13. Upon 50% completion of the building area, Lighthouse Village Drive to be paved.
14. Upon 50% completion of the building area, improvements to Kachemak Drive shall be completed or substantially under construction. If the AKDOT installs traffic control measures at this intersection prior to 50% project completion, the applicant may work with the HAPC to determine if the improvements are still needed.
15. The developer will record a copy of the decisions and findings prior to the issuance of a zoning permit.

There was discussion regarding how to handle dealing with the current motion on the floor. It was suggested that if the Commission intends to adopt the staff report 08-76 and its recommendations then the main motion should be amended.

FOSTER/ZAK SO MOVED TO CHANGE THE EXISTING STAFF REPORT WITHIN THE MOTION TO THE STAFF REPORT PL 08-76 WITH THE STAFF RECOMMENDATIONS.

Staff recommendation: The Planning Commission approve CUP 07-12 with the following Conditions:

1. The project will meet all applicable local, state and federal requirements including, but not limited to: HCC 21 for General Commercial 1, Fire Marshal Certification prior to a Zoning Permit, Development Activity Plan, Stormwater Plan, and a Sign Permit.

2. The developer will record the Decisions and Findings at the State Recorder’s Office prior to the issuance of a zoning permit.

3. There will be a maximum of 22 residential dwelling units.

4. A 50% parking reduction for outside parking spaces is granted based on the mixed uses and that 95% of the required parking can be accommodated by garage parking.

5. In the event that the utility and road infrastructure is not installed and paved, and a minimum of 9 units are not ready for occupancy by November 1, 2013, this CUP will lapse. The applicant shall have one year to present a new timeline to staff. If no timeline is presented, the CUP shall expire at the end of that one year period. Any construction permitted under a valid zoning permit may continue. In the event that the applicant must reapply, new code requirements and conditions may apply and the project must conform to the Homer City Code in effect at the time of re-application.

6. A minimum of 27% of the lot area or approximately 23,400 square feet must be landscaped and meet the following conditions:

· All trees susceptible to moose will have winter protection.

· Trees that do not survive the winter will be replanted the following growing season.

· Landscaping to be installed in phases, in conjunction with the building phases.

· For a year round visual buffer, 50% of the tree planting to be evergreens.

· The minimum trunk diameter is 1 ½” for deciduous trees, with a minimum 3 foot height for evergreen trees.

7. Prior to issuance of a Zoning Permit, an engineer is to provide a Phase One Environmental Assessment that specifically states whether or not additional investigation or remediation is required.

8. Upon 50% completion of the building area, the road/driveway improvements to Homer Spit Road, Lighthouse Village Drive, and Kachemak Drive (with no B Street improvements) shall be complete and paved.

9. The B Street right-of-way is to be limited to a bike path only.

10. Upon 50% completion of the building area, a LOS of C or better is required at the intersection the Homer Spit Road, Lighthouse Village Drive, and Kachemak Drive. This may involve cooperation with AkDOT.

11. Lighthouse Village Drive to be built to city standards.

12. The applicant is to construct a 7-foot wide bike path in the B Street right-of-way and along Lighthouse Village Drive. The applicant is to dedicate a 10-15 foot wide public access easement to accommodate the bike path along Lighthouse Village Drive.

Commissioner Foster commented that this process has shown there is a hole in the ordinance with the requirement 21.45.040, for dimensional requirements and how large multifamily houses can be in relationship to their lot. It is void in GC1. If there is a CUP with a link to impacting the residential area, he would argue that the City would want to look at some of the impact that it is having and consider dimensional requirements as a condition. This should be looked at in the new re-write since there is no ordinance for condominiums.

VOTE: (Primary amendment): NON OBJECTION: UNANIMOUS CONSENT

Motion carried.

There was brief discussion regarding recommendation 3.

FOSTER/STORM MOVED TO AMEND NUMBER 7 TO “NO ISSUANCE OF A ZONING PERMIT UNTIL THE APPLICANT HAS PROVIDED A PHASE 2 ENVIRONMENTAL ASSESSMENT(S) STATING THE SITE DOES NOT REQUIRE FURTHER REMEDIATION.”

There was discussion regarding the need for the amendment. The following points were raised:

· There isn’t a point in requiring the phase 2 when any bank is going to require it be done.

· It is a condition the Commission brought forward in October.

· Is it the Commissions duty to require a phase 2?

· Lots that have had auto shops or places with hazardous material would show up in phase 1, and then phase 2 would be required. This requirement ensures that it will happen.

· Condition 1 states that the development will meet all state and local requirements.

Chair Kranich called for break at 7:16 p.m. to get a copy of the wording for the motion. The meeting resumed at 7:20 p.m.

Discussion resumed:

· The Commission has to consider community health and safety. It is a good precedence for community safety.

· If a phase 1 satisfies the bank, requiring the applicant to have a phase 2 environmental is a waste of their money.

· If it was a requirement code, it would be understandable, but there are state regulations that come into play that may require it be done regardless. Getting outside the code could put the City at risk.

· There is broader leeway with a CUP regarding conditions that can be set on a project.

· Not all developers use the bank financing that would require the phase 2.

· The Commission approved the requirement in October.

· The phase 1 will determine if phase 2 needs to be done, per condition 1. It seems redundant to change recommendation 7.

· The applicant has stated a phase 2 is required, so there in no harm in the condition.

VOTE: (Primary amendment): YES: MINSCH, FOSTER

NO: MOORE, HESS, KRANICH, STORM, ZAK

Motion failed.

Chair Kranich suggested the Commission may want to change the numbering for recommendations 9 and 10. The Commission took no action regarding renumbering the recommendations.

VOTE: (Main motion as amended): YES: STORM, MOORE, MINSCH, ZAK, KRANICH, HESS, FOSTER

Motion carried.

Chair Kranich advised the applicant that this action could be appealed.

PENDING BUSINESS

A. Staff Report PL 08-52, CUP 08-03, 331 Sterling Highway

Commissioner Zak left the table based on the Commissions prior determination on his conflict of interest.

Commissioner Moore stated he may have a conflict of interest.

MINSCH/HESS MOVED THAT COMMISSIONER MOORE HAS A CONFLICT OF INTEREST.

Commissioner Moore stated that he provides trash service for the owner of this property.

There was discussion that Mr. Moore provides service to a majority of the property owners in the City and this could continually be a problem. There was discussion regarding Mr. Moore’s situation and a determination from the City Attorney was requested.

VOTE: YES: MINSCH, KRANICH, HESS, STORM

NO: FOSTER

Motion carried.

Commissioner Moore left the table.

Commissioner Foster said he had read the minutes and reviewed the record regarding this agenda item.

MINSCH/STORM MOVED TO ADOPT STAFF REPORT PL 08-52 CUP 08-03 AT 331 STERLING HIGHWAY WITH STAFF COMMENTS AND RECOMMENDATIONS.

STAFF RECOMMENDATIONS: Approval of CUP 08-03 with the following conditions:

(Approval of a Conditional Use Permit requires five yes votes)

1. Any fencing must protect traffic visibility and views shed and shall not exceed 4 feet in height.
2. All outdoor lighting to comply with HCC 21.48.080 Lighting Standards.
3. Applicants to submit for Fire Marshal review by July 1, 2008. Fire Marshal certification required by September 1, 2008.
4. All component fabrication, sewing, and assembly will take place inside the main building. All fabrics and materials will be in the enclosed building per HCC 21.48.030(i).
5. All signage to comply with HCC 21.60.
6. RV’s and storage units to be removed by June 30, 2008.
7. Except for the 7 yurts shown on the site plan dated May 14, 2008, products for sale may be displayed outdoors only during the open hours of the business. Commercial vehicles, trailers, shipping containers and other similar equipment shall remain on the premises only as long as required for loading and unloading operations, and shall not be maintained on the premises for storage purposes per HCC 21.48.070 (h)&(i).
8. Applicants must revegetate the site to at least 40% of the lot area or submit a Stormwater Plan per HCC 21.48.060(f). The following revegetation condition apply:

• Revegetation measures to consider soil conditioning and high exposure to traffic and wind.
• Revegetate to at least 40% of the lot area per HCC 21.48.060(f)(1).
• Choose plantings which are compatible with existing conditions, p26 CDM.
• Trees that do not survive the winter will be replanted the following growing season.
• For year round visual buffer, 50% of the tree planting to be evergreens.
• A minimum 2 foot height for evergreen trees on the initial planting.
• Flower boxes may count toward the revegetation calculations.
• A minimum 15-foot buffer from the drainage channel per HCC 21.48.060(h)(1)(a)(ii).
• The Landscaping Plan must be approved by the Planning and Zoning Office by Aug. 1, 2008.
• Landscape installation to be complete by September 1, 2008.
• If the landscaping is not complete by September 1, 2008, a SWP plan to be submitted by April 1, 2009 and installed by September 1, 2009.

Commissioner Minsch asked if the RV and storage units have been removed and if the rental yurts will be used all winter. Mrs. Tenhoff responded that the RV and storage units have been removed and that the yurts are heated and intended to be rented through the winter.

VOTE: YES: HESS, FOSTER, STORM, MINSCH, KRANICH

Motion carried.

Commissioners Zak and Moore returned to the table.

The Commission resumed discussion regarding the Appeal of the Country Club Estates Plat Waiver to the Borough Board of Adjustment. The Commission agreed that their minutes and recommendations to the Borough were acceptable and no Commissioners stated the desire to file a notice of appearance.

COMMENTS OF THE AUDIENCE

Members of the Audience may address the Commission on any subject.

Mrs. Tenhoff thanked the Commission. She said this has been educational as she has never been through this process before. She thanked them for their help.

COMMENTS OF THE COMMISSION

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

Commissioner Zak welcomed Commissioner Moore.

Commissioner Minsch welcomed Commissioner Moore and said that she would like something in black and white from the City Attorney on how to deal with his situation. She doesn’t think asking someone if they feel they have a conflict is what the code wants them to do. She said it has truly been a pleasure to work with Commissioner Hess and they will miss him.

Commissioner Storm welcomed Commissioner Moore and said it has been a pleasure to work with Commissioner Hess.

Commissioner Foster welcomed Commissioner Moore. He told Commissioner Hess that he appreciates his interest in the conflict; it has been one of his most important contributions. He thinks that it is important to ask Commissioners if they think they have a conflict because they may say they do, but the Commission might think they don’t.

Commissioner Hess commented that the conflict of interest rules are there because people have taken advantage of their positions and given favors, and the reason we have the rules is to prevent those things from happening. Unfortunately the past has proven that just because someone says they don’t have a conflict, it doesn’t work. The rules have been put in place to help ensure the public that it won’t happen.

Commissioner Moore said it would be good to get a determination on what to do. He is hoping there is a way to work with it so he can continue to participate.

Chair Kranich welcomed Commissioner Moore, he is glad to see him taking part on this side of the table. He said he will miss Commissioner Hess’s input and guidance, he has a historical perspective that has been beneficial to the new Commissioner’s.

ADJOURN

Notice of the next regular or special meeting or work session will appear on the agenda following “adjournment”.

There being no further business to come before the Commission, the meeting adjourned at 8:04 p.m. The next Regular Meeting is scheduled for July 16, 2008 at 7:00 p.m. in the City Hall Cowles Council Chambers. There is a worksession at 5:30 p.m. prior to the meeting.

MELISSA JACOBSEN, DEPUTY CITY CLERK

Approved: