Session 08-07, a Regular Meeting of the Homer Advisory Planning Commission was called to order by Chair Kranich at 7:01 p.m. on March 19, 2008 at the City Hall Cowles Council Chambers located at 491 E. Pioneer Avenue, Homer, Alaska

PRESENT: COMMISSIONER FOSTER, HESS, HOWARD, KRANICH, MINSCH, ZAK

ABSENT: STORM (excused)

STAFF: PLANNING TECHNICIAN ENGEBRETSEN

CITY MANAGER WREDE

DEPUTY CITY CLERK JACOBSEN

AGENDA APPROVAL

MINSCH/HESS I WOULD LIKE MAKE A MOTION TO POSTPONE PENDING BUSINESS ITEM B, STAFF REPORT PL08-33 LIGHTHOUSE VILLAGE, UNTIL THE CONDITIONAL USE PERMIT IS BROUGHT BACK BY STAFF.

There was no discussion.

VOTE: NON OBJECTION: UNANIMOUS CONSENT

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.

Patti Boily asked if she could comment on an item not on the agenda. There was brief discussion.

MINSCH/ZAK I WOULD LIKE TO MAKE A MOTION TO SUSPEND THE RULES TO ALLOW AUDIENCE PARTICIPATION FOR THREE MINUTES.

There was no discussion.

VOTE: NON OBJECTION: UNANIMOUS CONSENT.

Motion carried.

Mrs. Boily, resident on Clover Lane, said she is very upset regarding the Commissions decision on the Cooper Clay Subdivision No. 4. The property is across the street from her home. She said for some reason she did not receive notice of the hearing although she did confirm with the Planning Department that she was on the mailing list. She attended the Borough Plat Committee meeting on March 10 to register her objection there. She said her objection to the replat, aside from the quality of life issues in her neighborhood, is the drainage problem and the failure of the City and Borough to address drainage in a proactive manner. Instead they wait for the reaction of neighbor against neighbor when one’s actions cause damage to another’s property. Mrs. Boily said there is no way Mr. Clay can accommodate the drainage of those gullies without adversely affecting the downhill neighbors. Regardless of the City’s hope that the developer will ensure drainage toward the street, it is impossible as water does not flow up hill. The Curriers are already adversely affected by Mr. Clay’s subdividing of the land below, causing water to back up into their yard and impact their driveway. Her understanding is the City workers looked at the problem but said t here is nothing the City could do about it. Mrs. Boily said years ago the DEC condemned Cooper Subdivision because of the lack of drainage; there is very shallow top soil over blue clay. There is no place for water to go. Everyone’s sewer systems failed and there was untreated sewage into the street and during one January thaw it was flowing across the lot above them and into their yard. The DEC was so appalled by the conditions they provided a grant for 50% of the cost of installing City sewer into the entire subdivision to alleviate those drainage issues. Now that water and sewer are available entrepreneurs look at Clover Lane as ripe for subdividing, but it is a neighborhood that was never intended to accommodate high density housing. The sloping swales and gullies of Cooper Subdivision are the natural drainage of Skyline Drive down to the Beluga flats. If you interfere with that, the water will find a way, and in this case the only place it will go is to the downhill neighbor’s yards. This area is also a moose nursery and further impact to the neighborhood will only adversely affect the struggling moose population we have in Homer. Borough Commissioner Martin asked if Mrs. Boily had considered buying the property to prevent it from being subdivided. She said she kind of snapped at him because she considers such a premise to be the biggest of libertarian lies. This is a long established subdivision that she has invested 30 plus years in, this why we have governments and Planning Commissions, to protect our rights, our investments, and our quality of life. It is very short sided for the City of Homer and Kenai Peninsula Borough to not address the issues of drainage. She questions who is going to take responsibility for protecting the rights of the neighborhood when the subdivision code language indicates that cooperation of the subdivider is completely voluntary. Borough Commissioner Johnson understood there were no grounds to deny the subdivision, especially since the City Commission gave unanimous consent, but he was concerned about the drainage issues and wants to bring it to the Assembly’s attention. Chairman Carluccio said it is up to the City to address the drainage issues in their code. So here we are, too little too late. The Commission gave Mr. Clay permission to subdivide and his maps made it look like a little gulley, but it is a full twelve feet from Clover Lane to the bottom of the gulley. There is no way to fill that and direct the water anywhere except downhill in to the neighbors.

There was discussion regarding the situation. It was noted that are sections of City code regarding not having adverse impacts on adjacent properties. When it comes to the development activity that is done, if there are adverse impacts to adjacent properties there is a mechanism in code to deal with those. The issue of water and sewer being developed in rural residential areas resulting in what seems to be an unlimited amount of subdivision was brought up to the folks working on the Comp Plan as something that needs to be addressed. The public needs to help make Council aware that we need a change in the Ordinance, as the Borough looks at the City’s recommendation.

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 March 5, 2008

2. Time Extension Requests

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

4. KPB Coastal Management Program

5. Commissioner Excused Absences

FOSTER/MINSCH MOVE TO APPROVE.

There was brief comment regarding non substantive changes to the minutes that would be provided to the clerk.

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

Commissioner Foster commented that there was nothing on their last agenda other than a Flood Plain Plan for the City of Seward. He said Mrs. Boily’s drainage concern came up at the meeting and he read the excerpt from the minutes regarding the discussion. Commissioner Foster said there was also discussion regarding legal access. The definition that was in the road ordinance that did not pass will be brought to the Assembly by staff to be addressed. The City could have the same language regarding legal access in City code.

B. Kachemak Bay Advisory Planning Commission Report

There was no KBAPC report.

C. Planning Director’s Report

1. Staff Report PL 08-37, Planning Director’s Report

Planning Technician Engebretsen reviewed the Planning Director’s Report.

There was brief discussion regarding buildings over 35 feet in the Town Center Zone.

Question was raised regarding where the boundaries are for Bridge Creek within the City Limits. Planning Technician Engebretsen responded that they have the lydar and hill shade. She said there are come areas that probably could be incorporated but because there is water that goes to Bridge Creek and there is also the head water to Diamond Creek there is no clear cut line. She noted there is no lydar for the northern boundary.

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.

There were no public hearings scheduled.

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 08-36, City of Homer Town Center Preliminary Plat.

ZAK/MINSCH I MAKE A MOTION COMMISSIONER HESS HAS A CONFLICT OF INTEREST.

Commissioner Hess commented that if this project goes forward there is a good chance that he will have a substantial financial interest in the project.

VOTE: YES: HOWARD, MINSCH, KRANICH, FOSTER, ZAK

Motion carried.

Commissioner Hess left the table.

Planning Technician Engebretsen reviewed the staff report.

Kenton Bloom, project surveyor and applicant’s representative, commented that they have prepared the preliminary plat, which has been the subject of a lot of discussion and public input. The proximity of the road on this plat is pretty close to where it will be. CIRI has asked that the plat be revised to show the extension of the road to the bypass. This would create an additional tract and have some impact on the schedule of events. He pointed it out on a copy of the plat. In response to questions raised by the Commission Mr. Bloom noted that the road would be close to directly across from the Employee Parking of the Islands and Ocean, but the driveway is not a public entrance to the facility and after discussion with Public Works, they feel it won’t have significant impact.

City Manager Wrede commented that previously CIRI wanted to keep their options open because they weren’t sure how the wanted to subdivide the area. CIRI is now thinking they would like to plat the road down to the Sterling Highway. At some point they want to have the connection regardless of what is developed there and it would be good to make it know right now. Mr. Wrede said there will likely be a thirty foot drainage easement next to the road, which will include a pathway. Mr. Wrede explained to the Commission that the goal is to redirect the surface water back to its original course through the middle of Town Center with a stream like feature and greenery, then channel it under the road and back into the wetlands at Islands and Ocean Visitor Center where it used to go, to replenish the wetlands there. Presently much of it has been diverted. He feels putting the road in is a big enough change that it should come to the Commission at the next meeting.

Mr. Bloom added that the same perspective of the drainage is carrying through the whole site. He referenced the larger map and explained the current drainage and how it will be addressed with the project. He also outlined where sidewalks would be located as well as areas with parallel parking and bicycle traffic through the site. He said there are still negotiations with the Land Trust on a land use plan.

City Manager Wrede added there will be a north south connection but it isn’t shown here because they don’t know exactly where it will go. He said there are currently three alternatives that are being discussed, but there is a lot of planning that needs to be done for that connection.

In discussion regarding right-of-way, Mr. Bloom explained that the right-of-way next to the laundromat would be the primary pathway to the drainage easement and into the town center area. It would get you very nicely from Main Street to Poopdeck unimpeded through the site.

Regarding topography Mr. Bloom said there is a rise on the westerly side of where the road would be coming down, so there would be a site distance concern that will have to be addressed.

There were no public comments.

MINSCH/FOSTER I MAKE A MOTION TO ADOPT STAFF REPORT PL 08-36 CITY OF HOMER TOWN CENTER PRELIMINARY PLAT WITH STAFF RECOMMENDATIONS.

There was discussion regarding the panhandle referenced in plat note 10. It was noted that the panhandle is the Kilcher easement which was donated for access into town center. CIRI purchased the property and there hasn’t been any discussion with the family regarding moving it. It is being looked at as a possible trail entrance into the Town Square. They want to make sure it is shown clearly on the plat. The flag lot is going away and the plat note does not reflect the easement there. Regarding utilities noted in item 11 of the staff report, Mr. Bloom noted that the overhead power lines are noted on the map and he will show where the sewer is on the revised plat.

There was discussion about bringing the revised plat with a supplemental staff report at the next meeting.

MINSCH/FOSTER I WOULD LIKE TO MAKE A MOTION TO POSTPONE THIS UNTIL IT CAN BE BROUGHT BACK BY STAFF.

There was no discussion.

VOTE: NON OBJECTION: UNANIMOUS CONSENT.

Motion carried.

PENDING BUSINESS

A. Staff Report PL 08-26, Lot 164-A1 & 164-B1 Bayview Subdivision No. 7 Preliminary Plat.

This agenda item was withdrawn.

B. Staff Report PL 08-33, Lighthouse Village Traffic Impact Analysis Presentation

This item was postponed during agenda approval.

C. Staff Report PL 08-35, Ordinance 08-XX, Of the City Council of the City of Homer Alaska, Amending Homer City Code, Chapter 21.32 by Adding a New Section Entitled “Dormitory” and amending Chapter 21.48, Central Business District, Chapter 21.49 General Commercial 1 and Chapter 21.50 General Commercial 2 by adding Dormitory as a Permitted Use.

Planning Technician Engebretsen reviewed the staff report. She noted the laydown items that were provided.

MINSCH/FOSTER I MOVE TO POSTPONE ACTION UNTIL THIS IS BROUGHT BACK BY STAFF FOR OUR DISCUSSION AT OUR WORKSESSION.

There was no discussion.

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).

There were no New Business items scheduled.

INFORMATIONAL MATERIALS

There were no informational items provided.

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.

Commissioners Zak, Minsch, Howard, Hess, and Foster had no comments.

Chair Kranich commented that he had a copy of the February 27 Port and Harbor Commission meeting minutes provided. At that meeting a Planning Commissioner attended as a private citizen. The Commission suspended the rules and allowed discussion to include the private citizen and the discussion carried on through about three quarters of the meeting. Chair Kranich said he believes that while the private rights of a Commission can’t be restricted, we really have to watch our presentations because even speaking as a private citizen, the public, as well as Council and other Commissions perceive the words coming out of a Commissioner’s mouth differently than a private citizen. It is very easy for opinions of a private citizen/Commissioner to be perceived by other bodies as something from the Commission. Chair Kranich said when he speaks to other bodies he won’t express his opinion because it is too easy to blur the line between Commission opinion and his personal opinion. He said we have to careful how we, as Commissioners, make personal presentations to bodies within the City. This instance pertains to parking on the Spit and while a lot of those things that were covered in the discussion were discussed by the Planning Commission, the Planning Commission never took any formal action. He reiterated that it is easy for the lines between private citizen and Commissioner to get blurred and we need to be careful how we present things.

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 8:27 p.m. The next Regular Meeting is scheduled for April 2, 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: