Session 07-08 a Regular Meeting of the Homer Advisory Planning Commission was called to order by Chair Kranich at 7:04 pm on May 16, 2007 at the City Hall Cowles Council Chambers located at 491 E. Pioneer Avenue, Homer, Alaska.

PRESENT: COMMISSIONERS FOSTER, HESS, KRANICH, MINSCH, SCHEER, ZAK[1]

ABSENT: COMMISSIONERS CHESLEY (Excused)

STAFF: CITY PLANNER MCKIBBEN

DEPUTY CITY CLERK JACOBSEN

APPROVAL OF AGENDA

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

Reconsideration of Staff Report PL 07-30, CUP 07-08 4530 Kachemak Drive. Hess. (If Reconsideration is Approved the Plat will be back before the Commission under Pending Business)

Commissioner Scheer noted that he had been determined to have a conflict of interest with this item at the previous meeting. He remained at the table but did not participate in any discussion or action.

HESS/FOSTER MOVED FOR RECONSIDERATION OF STAFF REPORT PL 07-30.

Commissioner Hess explained his reasoning for requesting reconsideration. He noted that there is a need to further discuss the requirement for Fire Department access as the driveway is over 300 feet long. He reminded the Commission that after they had approved this CUP there was another action where they approved a recommendation that the driveway of the plat meet the Fire Code requirements; however they did not address Fire Department access during the approval of the CUP. He expressed that it is important to reconsider this so the Commission can be consistent in applying these standards when they come before the Commission. Mr. Hess added that if reconsideration passes they could further discuss the requirements of the fire department and road standards.

VOTE: YES: FOSTER, KRANICH, HESS

NO: MINSCH, ZAK

Motion failed for lack of majority.

ADOPTION OF 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 Minutes of May 2, 2007

2. Time Extension Requests

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

4. KPB Coastal Management Program Reports

5. Commissioner Excused Absences

FOSTER/MINSCH MOVED TO ADOPT THE CONSENT AGENDA.

There was brief discussion.

FOSTER/MINSCH MOVED TO AMEND TO PUT THE MINUTES IN THE BUSINESS SECTION OF THE AGENDA.

There was brief discussion.

VOTE: (Primary amendment): YES: SCHEER, MINSCH, ZAK, KRANICH, HESS, FOSTER

Motion carried.

VOTE: (Main motion as amended) YES: 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 reported that the Country Club Estates plat waiver was postponed at the Borough Level. Jerry Anderson, the developer’s representative, provided some new information that shows another mathematical formula for determining the 3 to 1 ratio. A Commissioner had some concerns with his methodology. Brooks Chandler, attorney for Baycrest Investment, brought forth their argument KPB Code 20.20.030 could not be part of a plat waiver. Staff requested postponement to have their attorney look at it. It has been postponed until staff brings it back.

B. Kachemak Bay Advisory Planning Commission Report

There was no Kachemak Bay Advisory Planning Commission Report.

C. Planning Director’s Report

City Planner McKibben reported that the Sensitive Areas Ordinance was adopted along with moving the Flood Hazard Ordinance from Title 12 to Title 21 with the amendments the Planning Commission proposed and amendments from Councilmember Stark.

Ms. McKibben wanted to note a couple “atta boys” for Planning Technician Harness. There is no longer any heavy equipment on the corner of Main Street and Sterling Highway or at the Alaska USA site. Dead cars have been removed from the former Homer Tire, abandoned cars have been removed from the Pawn Shop on Pioneer, the Chapel’s are meeting with DEC and COE and Fish and Game visited his site. She added that the Planning Division has issued 16 zoning permits in April and May, done three storm water plans and ten CUP’ so far for 2007, noting that in 2006 there were only 11 CUP’s issued for the entire year.

Question was raised regarding the number of yes votes to pass a motion as Robert’s Rules state that it only takes a majority to pass a motion to reconsider. It was questioned if the bylaws take precedence over Robert’s Rules. Deputy City Clerk Jacobsen confirmed that the bylaws do take precedence. The Commission’s bylaws require four yes votes to pass a motion.

PUBLIC HEARING

The Commission conducts Public Hearings by hearing a staff report, hearing public testimony and then 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 07-33, Variance on Renee Court

City Planner McKibben reviewed staff report.

Chair Kranich opened the Public Hearing.

Dean Jackson, applicant, provided some pictures of the building site for the Commission to review. He noted that there is no through traffic on Orca Way, so traffic isn’t an issue. Orca Way has already been deleted and he is in the process of getting a no build variance for his side setback from his neighboring parcel and a septic easement. He quickly reviewed what his photos were. He was thinking of having Orca Way vacated, but whoever he spoke to in Planning said it would never happen. In reference to the easement document on page 31 in the packet, it was questioned whether Mr. Jackson would be meet those requirements as well as any others. Mr. Jackson believes that he is out of that easement for the road. There was discussion of the location of the 10 foot utility easement.

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

MINSCH/FOSTER MOVED TO ADOPT STAFF REPORT PL 07-33, VARIANCE 07-01 2526 RENEE COURT WITH STAFF RECOMMENDATIONS AND FINDINGS.

STAFF COMMENTS/RECOMMENDATIONS:

Staff recommends the Planning Commission deny the variance as findings cannot be made to support the application.

Discussion included:

· The setback needs to be reserved. It is unknown whether the plat waiver on the property above will go through and in the event it does, there will be a need for utility easements.

· A publication from Lee Sharp, an expert on planning and zoning, notes one of the criteria for a consideration of a variance is that the property owner must show that the regulations deny him of all beneficial uses of his land, not that it denies the most beneficial use.

· The staff report notes that Orca Avenue was established on a plat dating in 1976 which included a 66 foot right-of-way with a 20 foot building setback.

· There is other development in the area that was done without electric having been thought about previously. Now electricity is being proposed in the area, so there may be a need for alternate utility ways. Once electricity is in, the Borough could possibly consider vacating Orca Way. The consideration here is they wouldn’t do it until they have the utility access to the other lots.

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

NO: ZAK

Motion carried.

B. Staff Report PL 07-36, CUP 07-09, Tract C Rumley-Collie Subdivision No. 6

Commissioner Scheer stated he has a conflict of interest with items B and C.

MINSCH/FOSTER MOVED THAT COMMISSIONER SCHEER HAS A CONFLICT OF INTEREST ON ITEMS B AND C.

Commissioner Scheer stated that his company, DnA Design, prepared the CUP Application and design packet for both developments.

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

Motion carried.

Commissioner Scheer left the table.

City Planner McKibben noted a laydown item, an email from Donna Dowling addressed to Planning Technician Harness, with comments regarding this CUP. She reviewed the staff report.

Chair Kranich opened the Public Hearing.

Allegra Bukojemsky, landscape architect with DnA Design and applicant’s representative, said she was available to answer questions. She commented regarding the email from Donna Dowling, explaining that she had received Ms. Dowling’s email as well. In discussion with the client and Public Works it was noted that based on the traffic counts provided by Planning, the road was deemed adequate for the amount of traffic. She said her client contacted Ms. Dowling and to Ms. Bukojemsky’s knowledge they have come to an understanding.

It was noted that the application states it is for a mini storage similar to the neighboring development, which also contains commercial businesses. Ms. Bukojemsky stated currently there is no plan for anything other than a mini storage facility and there is no plan for permanent parking spaces.

There was brief discussion regarding drainage.

City Planner McKibben commented regarding traffic impact. The trip generation estimated for a single family residence is 94 trips on a Saturday and mini warehouse storage of that number of units is 32 trips during a weekday. Mini storage is a low volume traffic generator, relative to other uses that could be allowed in the area.

When questioned regarding landscaping requirements, Ms. Bukojemsky commented that in other states landscaping within the setback, particularly between properties, is often a buffering landscape, especially if there are differing uses between the facilities. If there are two similar commercial uses on neighboring parcels, a buffering landscape is not required.

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

MINSCH/ZAK MOVED TO ADOPT STAFF REPORT PL 07-36 CUP 07-09 WITH STAFF RECOMMENDATIONS.

STAFF COMMENTS/RECOMMENDATIONS:

Planning Commission grant approval of CUP 07-09 with the following requirements:

If the foundation work has not started by Dec. 31, 2008 this CUP expires.
Fire Marshal Certification required prior to issuance of a Zoning Permit.
Approved Development Activity Plan required prior to excavation work.
Approved Stormwater Plan required prior to issuance of a Zoning Permit.
Project to comply with HCC 21.49.080 Lighting Standards.
Landscaping to be maintained and installed per HCC 21.49.060(h)(2).
Any change of use must be reviewed and permitted by the City’s Planning and Zoning Office.

There was discussion regarding definition of uses and also the uses that are taking place on the neighboring parcel. It was noted that this application is for a stand alone mini storage, the neighboring property has mini storage among other uses. Approval of this application is for mini storage and other uses would have to come to the Planning Department for review.

HESS/MINSCH MOVED TO AMEND STAFF RECOMMENDATION SIX TO REFERENCE HCC 21.49.060(H) AND DROP OFF THE NUMBER 2.

There was no discussion.

VOTE: NON OBJECTION: UNANIMOUS CONSENT

Motion carried.

It was clarified in discussion that the decisions and findings regarding this CUP will state that the Commission has permitted more than one building containing a permitted principle use of mini storage, the condition is intended that should any other use want to be located in those buildings, the owner would need to come to the Planning Office to submit a change of use form or a CUP. There was discussion regarding whether there is a need to bring changes to the use back before the Planning Commission.

MINSCH/FOSTER MOVED TO AMEND NUMBER SEVEN TO ADD REVIEWED AND PERMITTED BY THE CITY’S PLANNING AND ZONING OFFICE AND THE HOMER ADVISORY PLANNING COMMISSION.

There was brief discussion as to whether the condition could be removed at a later date and it was clarified that it could not. Comment was made that this seems like something that should be put in City Code, rather than this particular conditional use.

VOTE: YES: MINSCH, KRANICH, HESS, FOSTER

NO: ZAK

Motion carried.

There was no further discussion.

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

Motion carried.

C. Staff Report PL 07-37, CUP 07-10, 850 Smoky Bay Way

City Planner McKibben noted a laydown item identified as alternative A and B. She reviewed the staff report.

Chair Kranich opened the Public Hearing.

David Scheer and Allegra Bukojemsky of DnA Design commented as representatives of the client. Mr. Scheer commented that he does not like to testify as he is a Planning Commission member, but in this case he was significantly involved in the project and will answer questions the Commission may have. He noted that the laydowns City Planner McKibben referenced have alternative final building layouts and there is a significant amount of architectural design work left to be done on the project. Mr. Scheer pointed out that the two sheets presented tonight show the range that they will potentially be moving between when finalizing the architectural design. Mr. Scheer commented that they have been in discussion with the Ulmer’s who are the neighboring property owners. He said there will be work done to deal with the drainage issues that are common to the whole area by putting in a storm water management area.

Ms. Bukojemsky clarified that the plan entails refurbishing the existing building, keeping some of the existing interior, but also putting storage units inside and doing an addition on the front of the building so that it has a modulated facade. Ms. Bukojemsky noted that they did the parking count based on a potential restaurant in the front. It is the use that would require the most parking; however there are no tenants in place yet.

There was discussion regarding fire department access. It was noted that currently the building does not have a sprinkler system. There is an alley way behind the Lakeside Mall and the staff report recommends the applicant explore an access easement as an alternative for meeting the Fire Department requirements.

The setback on the east side was addressed. The building footprint is right on the setback line, not in the setback. There isn’t much room for landscaping because the neighboring parcel developed a ditch which graded into the property. Currently the client is looking at negotiating with the neighbor on how to address the ditch and potential erosion.

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

MINSCH MOVED TO ADOPT PL 07-37, CUP 07-10 WITH STAFF RECOMMENDATIONS AND FINDINGS.

STAFF COMMENTS/RECOMMENDATIONS:

Planning Commission approve the request for a Conditional Use Permit with the following conditions:

HCC 7.12.035(j) requires screening by wall, fence or planting along the east lot line to protect the residential nature of the adjacent Urban Residential district.
Fire Marshal approval required prior any construction work.
If construction has not started by December 31, 2008 this Conditional Use Permit expires and a new permit will be required.

It was noted that

· The numbers for the development didn’t trigger a traffic impact analysis.

· Recommendation 1, which addresses the parking code, exceeds the landscaping requirement in the CBD in an effort to protect the residential nature of the adjacent urban residential district.

HESS/MINSCH I WOULD LIKE TO MAKE A MOTION TO ADD RECOMMENDATION NUMBER 4 THAT LANDSCAPING SHALL BE INSTALLED AND MAINTAINED PER HCC 21.48.060(H)

There was no discussion.

VOTE: YES: MINSCH, KRANICH, HESS, FOSTER

NO: ZAK

Motion carried.

In the event that the conditioned mini storage doesn’t work out for the interior of the building and the applicant decides to do something else, a change of use permit would be required.

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

Motion carried.

Chair Kranich called for a break at 8:57 pm. The meeting resumed at 9:08 pm.

Commissioner Zak was excused and left during the break.

Commissioner Scheer returned to the table.

PLAT CONSIDERATION

The Commission hears a report from staff, 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 07-38. Lot 16-A1 and 16A-2 AA Mattox Sub. 2007 Addition Preliminary Plat

City Planner McKibben reviewed the staff report.

There were no comments from the applicant or public.

MINSCH/SCHEER MOVED TO ADOPT STAFF REPORT PL 07-38 WITH STAFF RECOMMENDATIONS.

STAFF COMMENTS/RECOMMENDATIONS:

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

Add a plat note that all development is subject to the regulations of the City of Homer Zoning Code.
Dedicate a 15 ft utility easement along all rights of way.
Add a plat note or depiction of the 20 ft right of way setback.

The Commission discussed the location of the lot and potential placement of driveways on the lot. Separation distances for driveways were noted with reference to the speed limit in the area. City Planner McKibben clarified that the lot can meet the driveway separation distance to the intersection of Pennock.

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

Motion carried.

PENDING BUSINESS

A. Staff Report PL07-42, Reconsideration of Staff Report PL 07-30, CUP 07-08 4530 Kachemak Drive (If Reconsideration Passes)

Reconsideration failed. This item was not discussed.

B. Staff Report 07-39(S) Supplemental to Staff Report PL 07-29 Vacation of a 30’ Access Easement for Lot 2 WR Benson No. Three Subdivision

Commissioner Scheer was determined to have a conflict of interest at a prior meeting and was excused from the table.

City Planner McKibben reviewed the supplemental staff report.

MINSCH/FOSTER MOVED TO ADOPT STAFF REPORT PL 07-39(S) AND STAFF REPORT PL 07-29, VACATION OF A 30 FOOT EASEMENT WITH STAFF RECOMMENDATIONS.

The Commission requested the applicant’s representative comment regarding the supplemental staff report.

Kenton Bloom expressed that he felt the supplemental staff report was very accurate and sort of dispelled a lot of extraneous dialogue related to this action. It is their understanding and expectation that a plat note will be on the plat one that no direct access to State right-of-way will be permitted with out approval from DOT for the lots that are being combined into one. By and large the concern that has been expressed has been addressed. Mr. Bloom explained that platting happened first because it made the vacation relevant. It seemed like the most appropriate sequence of events. In response to a question regarding the effects of eliminating the access easement, Mr. Bloom commented that as far as he understands there is no projected use that would include an additional driveway off this property onto the Sterling Highway.

VOTE: YES: KRANICH, FOSTER, HESS, MINSCH

Motion carried.

C. Staff Report PL 07-41, Sign Code Amendments/Chesley

FOSTER/MINSCH MOVED TO BRING STAFF REPORT PL 07-41 TO THE FLOOR FOR DISCUSSION.

The Commission agreed by consensus to discuss.

Chair Kranich explained that Commissioner Chesley provided an outline of main points regarding cluster signage for the Commission to consider. Once the Commission had determined what changes to proceed with then an ordinance can be drafted.

It was noted that the bullets don’t address multiple buildings versus one building with multiple identified businesses and the multiplier is confusing.

HESS/MINSCH I MOVE THAT WE POSTPONE CONSIDERATION OF THIS UNTIL THE NEXT MEETING.

There was discussion that the Commission would like more input from Mr. Chesley and staff.

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 nonconformity).

A. Staff Report PL 07-40, Permitted Use Additions to the General Commercial District 1 (GC1), General Commercial District 2 (GC2), and possibly the Marine Commercial (MC) to include the Farmers market.

MINSCH/HESS MOVED TO DISCUSS STAFF REPORT PL 07-40.

The Commission agreed by consensus to discuss.

Chair Kranich commented that he wanted to bring this before the Commission. There is a very specific definition of Farmers Market that was very restrictive and specific on what the Farmers Market could include. Their plan was to be in one or two different locations in the CBD, but it hasn’t worked out and now they are operating in GC1 where it is not permitted. Chair Kranich suggested that the code may need to be amended in GC1, GC2 and Marine Commercial to allow the use.

Discussion points included

· It would be beneficial to review the public comments from the previous discussions of the Farmers Market to take the concerns into consideration before taking any action.

· In the Town Center it could have a positive, anchoring effect.

· This will have to go before the public again before any final decisions are made.

· Explore definition of Open Air Market and consider including Farmers Market.

· Farmers Markets are allowed in CBD, but not other types of open air markets.

· Marine Commercial and GC2 properties are limited and they have very specific purposes. Encouraging the carnival type activities to occur there will detract from the highest and best use of the areas.

· Commercial Developers are going to want some flexibility for other uses in the commercial areas.

City Planner McKibben said she would bring information back at the next meeting for the Commission to review.

The Commission agreed by consensus for staff to explore options for code amendments and bring it back at the next meeting if possible.

B. Memorandum 07-79 from the Homer City Clerk, Request for Recommendation of Candidates for the Kenai Peninsula Borough Planning Commission.

MINSCH/HESS MOVED TO BRING STAFF REPORT PL 07-79 TO THE FLOOR TO DISCUSS AND MAKE RECOMMENDATION FOR A CANDIDATE TO THE BOROUGH PLANNING COMMISSION.

The Commission agreed by consensus to discuss.

The Commission agreed to recommend Commissioner Foster as the candidate for the Borough Planning Commission. Commissioner Foster stated that he is a City resident and he would provide a letter for City Planner McKibben to include with the memo to Council.

C. Minutes of May 2, 2007

MINSCH/SCHEER MOVED TO BRING THE MINUTES OF MAY 2^ND TO THE FLOOR FOR DISCUSSION AND APPROVAL.

Chair Kranich noted corrections in the minutes.

VOTE: NON OBJECTION: UNANIMOUS CONSENT

Motion carried.

INFORMATIONAL MATERIALS

A. Memorandum dated May 2, 2007 to the Homer City Council from Beth McKibben, City Planner regarding Planning Commission participation in City – Town Plaza Review Committee

B. Letter dated May 7, 2007 to Walt Wrede, City Manager from Frank Griswold regarding The Refuge Chapel

C. American Planning Association (APA) The IPCC Reports: Relationship to Planning

D. Safe Routes to School brochure from Julie Engebretsen, Planning Technician

COMMENTS OF THE AUDIENCE

There were no audience comments.

COMMENTS OF THE COMMISSION

Commissioner Minsch thanked Deputy City Clerk Jacobsen for the special agendas.

Commissioner Foster expressed concern with the Country Club Estates issue. He hopes the issues get resolved, particularly with the plat waiver so the property owners in the area will be clearer on what is happening up there.

Commissioner Hess commented that if there can’t be any written clarification from staff or the Fire Chief, than he requests the Fire Chief be asked to attend the next worksession to give the Commission clarification regarding information in the staff reports and how to deal with it. He suggested the City Manager attend too.

Chair Kranich suggested the issue of telephonic attendance of Commissioners be addressed at a future meeting. Consistency in the way the Commission does business and the way the City does business will bring confidence from the public.

Commissioner Minsch suggested an attendance policy.

Commissioner Hess added that it is difficult for a Commissioner to participate telephonically because often the Commission has to reference written materials and laydown items at the meetings.

Commissioner Foster commented that it is critical to have as many participate as possible as it is too easy for one vote to turn something down. He doesn’t want to see it become detrimental to the applicant.

ADJOURN

There being no further business to come before the Commission the meeting adjourned at 10:30 pm. The next Regular Meeting is scheduled for June 6, 2007 at 7:00 pm in the City Hall Cowles Council Chambers located at 491 E. Pioneer Avenue, Homer, Alaska. There will be a worksession at 5:00 pm prior to the meeting.

MELISSA JACOBSEN, DEPUTY CITY CLERK

Approved: