Session 08-13, a Regular Meeting of the Homer Advisory Planning Commission was called to order by Chair Kranich at 7:00 p.m. on June 18, 2008 at the City Hall Cowles Council Chambers located at 491 E. Pioneer Avenue, Homer, Alaska.

 

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

 

ABSENT:           COMMISSIONER FOSTER (Excused)

 

STAFF:             ACTING CITY PLANNER ENGEBRETSEN

                        DEPUTY CITY CLERK JACOBSEN

                       

AGENDA APPROVAL

 

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.

 

There were no public comments.

 

RECONSIDERATION

 

A.         Staff Report PL 08-72, Reconsideration of Staff Report PL 08-65. CUP 07-12, Lighthouse Village

 

STORM/HESS MOVED TO RECONSIDER STAFF REPORT 08-72.

 

Commissioner Minsch commented that she requested reconsideration for two reasons. One reason was to establish findings for the denial of the CUP at the last meeting. The other is because the packet they were working from at the last meeting did not include the entire TIA. Her particular vote was based on the executive summary of the TIA, which was only in the original packet. During discussion, she had the packet from the previous meeting and she doesn’t know that the other Commissioners had the same information.

 

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

 

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 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, 2008

2.         Time Extension Requests

            a.         Tulin Terrace Subdivision East Terrace Addition, KPB File 2005-123

3.         Approval of City of Homer Projects under HCC 1.76.030 g

4.         KPB Coastal Management Program

5.         Commissioner Excused Absences

 

Commissioner Zak requested the time extension for Tulin Terrace be put under New Business.

 

MINSCH/STORM MOVED TO APPROVE THE CONSENT AGENDA AS AMENDED.

 

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 scheduled.

 

REPORTS

 

A.         Borough Report

 

There was no Borough Report

 

B.         Kachemak Bay Advisory Planning Commission Report

 

There was no KBAPC report.

 

C.         Planning Director’s Report

 

Acting City Planner Engebretsen reported at the last City Council meeting the sign code amendments and rezone to residential office were introduce and the public hearings will be held at the next meeting. The policy and procedures and bylaws were adopted. Council approved the memo for a Spit Comprehensive Plan and the City Manager will prepare an ordinance to allocate the funding. Rick Abboud has been hired as the new City Planner and he should be starting by August 1.

 

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 08-73, Title 21 Technical Rewrite Ordinance

 

Acting City Planner Engebretsen reviewed the staff report.

 

Chair Kranich opened the public hearing.

 

There were no public comments.

 

Chair Kranich closed the public hearing.

 

MINSCH/ZAK MOVED TO ADOPT PL 08-73 TITLE 21 TECHNICAL REWRITE WITH STAFF RECOMMENDATIONS.

 

It was noted that in the re-write there is a section that talks about the Comprehensive Plan and lists each document and the year it was adopted. City Attorney Tans recommended that the plans which have not been adopted, like the Non Motorized Transportation and Trails Plan and the Water Sewer Master Plan, should not be included in the technical re-write.

 

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 will accept testimony or a presentation on agenda items that involve an applicant.

 

A.         Staff Report PL 08-68, Binocular Bluff No. 4 Preliminary Plat

 

Acting City Planner Engebretsen reviewed the staff report.

 

Jim Henkelman, property owner, explained that his plan is to subdivide into two lots, sell the larger lot and build a smaller house for himself on the vacant lot.

 

Roger Imhoff, project surveyor, commented regarding the recommendation for an easement to be created across lot 8A to provide access to lot 8B and placed on the plat. Mr. Imhoff said if the Commission decides an easement is appropriate, it is preferred that it be provided on a separate easement document. He explained it is so much easier to alter in the future. If it is on the plat then they have to go through the entire platting process again to modify, change, or relinquish it. 

MINSCH/HESS MOVED TO ADOPT STAFF REPORT PL 08-68 BINOCULAR BLUFF NO. 4 PRELIMINARY PLAT WITH STAFF RECOMMENDATIONS.

 

Staff Comments/Recommendations:

Planning Commission recommend approval of the preliminary plat with the following comments:

1.  Lots should be reconfigured so that access to lot 8B is directly from the cul-de-sac.

2. Meet Public Works recommendations 1-4.

            Public Works recommendations:

            1. Dedicate remaining half of Pogey Point Avenue cul-de-sac as shown on plat.

            2. Show 15 foot wide utility easement around the new cul-de-sac dedication.

            3. Remove the word “underground” from plat note 5

4. An easement needs to be created across lot 8A to provide access to lot 8B. Recommend this easement be placed on the plat rather than using a separate easement document. This easement should also allow for the extension of utility services (water, sewer) to lot 8B from the cul-de-sac, when available in the future. No easement would be required if lot 8B was platted as a flag lot (extending over the cul-de-sac).

5. The City does not maintain roads serving these two parcels or provide water and sewer service. The owners of these two lots may be required in the future to construct road improvements within the rights-of-way fronting the properties at their own cost. Lot 8A may not be eligible for inclusion in the road HARP LID program. As the properties are currently configured, PW does not envision that a subdivision agreement requiring road improvements to City Standards within the cul-de-sac is required.

 

Question was raised regarding Public Works note 5. Acting City Planner Engebretsen explained that it is more of an informational item.

 

There was brief discussion regarding the utility easement. It was noted that there is a 10 foot utility easement along the southern property line. Typically the City recommends 15 foot easements. It is hard to guess what future water and sewer easements might be needed. They do have access to utility easements and meet the Borough Code requirements for subdividing.

 

Point was raised that there is conflict with Staff Recommendation 1 and the Public Works recommendation that there be an easement. Acting City Planner Engebretsen noted that dedicating an access easement instead of reconfiguring the lot would be acceptable to staff.

 

HESS/STORM MOVED TO ELIMINATE STAFF RECOMMENDATION 1.

 

There was brief discussion regarding another amendment.

 

VOTE: NON OBJECTION: UNANIMOUS CONSENT.

 

Motion carried.

 

STORM/ZAK MOVED TO AMEND STAFF RECOMMENDATION 2 TO READ MEET PUBLIC WORKS RECOMMENDATION 1-3 AND RECOMMEND THAT AN ACCESS EASEMENT BE ALLOWED TO BE PLACED ON A SEPARATE EASEMENT DOCUMENT.

 

There was discussion to clarify that recommendation four is eliminated and a new recommendation is to allow the access easement be on a separate easement document.

 

VOTE: NON OBJECTION: UNANIMOUS CONSENT.

 

Motion carried.

 

Chair Kranich noted that item 12 on page 3 of the staff report states that no rights-of-way are to be dedicated by this action, but it should state that a half cul-de-sac dedication is being completed by this action.

 

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

 

Motion carried.

 

PENDING BUSINESS

 

Pending Main Motion as amended:

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:

  1. The project will meet all applicable local, state and federal requirements.
  2. 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.
  3. Prior to excavation activity, a Development Activity Plan per HCC 21.49.060(d) will be submitted and approved by the City of Homer. 
  4. 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.
  5. All lighting to be down lit.
  6. 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, 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. 
  7. 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.
  8. Fire Marshal certification required prior to foundation work.
  9.  Maximum of 22 residential dwelling units.
  10.  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. 

  1. 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.
  2. Upon 50% completion of the building area, Lighthouse Village Drive to be paved.
  3. 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.
  4. The developer will record a copy of the decisions and findings prior to the issuance of a zoning permit.

 

Acting City Planner Engebretsen noted that the Commission could make a motion to re-open the public hearing to consider new information on the 30th as well as include the complete traffic impact analysis.

 

Commissioner Minsch commented that if they are going to postpone action she wants to have a complete packet with all of the information that has been considered.

 

There was discussion that the first application presented was different from the one that has been reconsidered. Point was raised that the TIA was based on the first application. Acting City Planner Engebretsen noted that the Commission is being asked to consider the second application. She explained that the differences between the two applications is not significant, it is one dwelling unit and 1000 square feet of commercial.  It was argued that the first action was approved based on the TIA, so it should be part of the packet along with public comments, applicant comments, and minutes. Acting City Planner Engebretsen said she would discuss what would be most appropriate with the City Clerk and provide that information in the next packet.

 

HESS/STORM MOVED TO POSTPONE ACTION OF THE RECONSIDERATION TO A SPECIAL MEETING ON JUNE 30TH TO INCLUDE A NEW PUBLIC HEARING.

 

There was brief discussion regarding the 45 day timeline required for action. It was noted that the applicant wants to submit new information and Acting City Planner Engebretsen said she could get an extension from the applicant if needed.

 

VOTE: NON OBJECTION: UNANIMOUS CONSENT

 

Motion carried.

 

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).

 

A.                 Staff Report PL 08-74, Nonconformity at 3745 East End Road

 

Acting City Planner Engebretsen clarified for the record that the applicant is Don Berglund. She reviewed the staff report. She noted that the non conformity is that the building does not meet the minimum 5 foot setback along the west property line.

 

There were no applicant comments.

 

MINSCH/ZAK MOVED TO ADOPT STAFF REPORT PL 08-74 NONCONFORMING STATUS WITH STAFF COMMENTS AND RECOMMENDATIONS AT 3745 EAST END ROAD LOT 1 HK DAVIS SUBDIVISION.

 

There was brief discussion supporting the non conformity.

 

VOTE: NON OBJECTION: UNANIMOUS CONSENT

 

Motion carried.

 

B.         Tulin Terrace Subdivision East Terrace Addition KPB File 2005-123

 

Commissioner Zak declared he may have a conflict of interest.

 

MINSCH/STORM MOVED THAT COMMISSIONER ZAK HAS A CONFLICT OF INTEREST.

 

Commissioner Zak explained that Mr. Tulin is his attorney.

 

VOTE: NON OBJECTION: UNANIMOUS CONSENT

 

Motion carried.

 

Commissioner Zak left the table.

 

Acting City Planner Engebretsen explained that time extension requests don’t require any action from the Commission; the extensions are informational from the Borough. She noted it would have been a good change to have it as an informational item when they revised their bylaws.

 

Commissioner Zak returned to the table.

 

INFORMATIONAL MATERIALS

 

There were no informational items.

 

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 Hess said the 30th will be his last meeting and it has been a pleasure working with everyone.

 

Commissioner Storm asked that all the Commissioners, including herself, read the TIA and get a good comprehension of what it is recommending for their reconsideration on the 30th.

 

Commissioner Zak had no comments.

 

Commissioner Minsch requested that it gets clarified with the City Clerk what they can consider regarding the Lighthouse Village, because in October the Commission approved it with one of the conditions being the TIA. She wants to make sure everyone is clear that there was an October process, a March process, and this recent process.

 

Chair Kranich commented that it has been a pleasure working with Commissioner Hess. There has been good discussion about differing view points and thinks he will be hard to replace.

 

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 7:57 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. There is a Special Meeting scheduled for June 30, 2008 at 6:30 p.m.

 

 

                                                                       

MELISSA JACOBSEN, DEPUTY CITY CLERK

 

Approved: