Session 08-11, a Regular Meeting of the Homer Advisory Planning Commission was called to order by Chair Kranich at 7:00 p.m. on May 21, 2008 at the City Hall Cowles Council Chambers located at 491 E. Pioneer Avenue, Homer, Alaska.

 

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

 

STAFF:             CITY PLANNER MCKIBBEN

                        PUBLIC WORKS DIRECTOR MEYER

                        DEPUTY CITY CLERK JACOBSEN

                       

AGENDA APPROVAL

 

The agenda was approved as presented 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 was no public comment.

 

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 May 7, 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

 

MINSCH/STORM MOVE TO APPROVE.

 

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

 

Commissioner Foster noted the Borough Planning Commission meeting will be Tuesday,  May 27th. There is one meeting in July which will likely be postponed to the last Monday of the month and he said he will miss the meeting on the 27th and both meetings in June.

 

B.         Kachemak Bay Advisory Planning Commission Report

 

There was no KBAPC report.

 

C.         Planning Director’s Report

            1. Staff Report PL 08-59, Planning Director’s Report

 

City Planner McKibben reviewed the staff report.

 

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 08-53, Sign Code Amendment

 

City Planner McKibben reviewed the staff report.

 

Chair Kranich opened the public hearing. There was no public testimony. Chair Kranich closed the public hearing.

 

MINSCH/HESS MOVED TO ADOPT STAFF REPORT PL 08-53 AND FORWARD IT TO CITY COUNCIL.

 

Chair Kranich commented briefly that this amendment is based on Councilmember Heimbuch’s concern about the requirements with regard to City owned property and leaseholders responsibility for the sign permits. There was brief discussion about property owners being responsible for lease holders getting their own permits. Question was raised regarding another area of the sign code and City Planner McKibben responded that this amendment is specific to cluster businesses and amendments to other sections could be dealt with separately.

 

VOTE: NON OBJECTION: UNANIMOUS CONSENT.

 

Motion carried.

 

B.         Staff Report PL 08-56, CUP 08-04, A Request for a Conditional Use Permit at 1646 Saltwater Drive for More than One Building Containing Principle Permitted Use on a Lot

 

City Planner McKibben reviewed the staff report.

 

Commissioner Foster disclosed for the record that he has a professional and personal relationship with a staff member who contributed to this report. No motion was made regarding his situation of personal interest.

 

Joseph Kaplan, applicant, introduced his wife Ruth and commented that initially they were applying for CUP for four dwelling units however they have no issue with staff’s recommendation and concede to amend their application to 2 dwelling units rather than 4. They had asked for 4 units to maximize value of property, however after reading the report they better understand issues of City. He asked that they approve the findings. He thanked the Commission for their consideration.

 

Chair Kranich opened the public hearing.

 

Bill Marley, property owner in the area, provided written comments to the Commission that state opposition to allowing 4 dwelling units on the property. Dr. Marley commented that Mr. Kaplan’s comments changed his testimony a little bit. He gave a brief overview of the history of the development of Binocular Bluff Subdivision and Saltwater Drive. He appreciates that Mr. Kaplan is accepting the findings of the Planning Commission. Dr. Marley said he understands that the Commission has to work within the confines of the code and rules put forth by the City and they don’t have anything to do with the protective covenants. He noted that the covenants were written in 1974 and they provide for single unit dwellings. He didn’t realize until this issue came up that there are two dwellings on the subject property. In response to question raised by Commissioner Foster, Dr. Marley said there has not been an issue where the covenants have been enforced through legal action nor has anyone attempted to amend the covenants.

 

Judy Marley, property owner, asked for clarification that the two dwellings on the property are the only ones that will be allowed in this action. It was confirmed that only the two dwellings will be permitted. There was brief discussion that the two dwellings were already in place when the Kaplan’s purchased the property.

 

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

 

Mr. Kaplan explained his understanding that when the house was being built 8 years ago the builder was living in the apartment while building the main home.

 

MINSCH/FOSTER MOVED TO ADOPT STAFF REPORT PL 08-56 AND CUP 08-04 WITH STAFF RECOMMENDATIONS AND FINDINGS.

STAFF RECOMMENDATIONS:

Planning Commission approve a CUP for more than one building containing a permitted principal use per HCC 21.44.030(q) with the following conditions:

  1. Maximum of two dwelling units per HCC 21.44.040(a)(2).  “Dwelling” or “dwelling unit” means any building or portion thereof which contains living facilities, including provisions for sleeping, eating, cooking and sanitation, for not more than one family, per HCC 21.32.158.    
  2. Applicant to provide proof of compliance with city, state and federal codes per HCC 21.42.030.
  3. All outdoor lighting to comply with the Community Design Manual standards and per HCC 21.48.080.

 

Question was raised regarding the original request for the PUD. City Planner McKibben responded that staff didn’t feel the PUD was appropriate because of health and safety relating to density based on minimum lot size so a CUP was recommended. She noted that their septic does not qualify for community septic.

 

Commissioner Foster commented that the Commission should take the covenants into consideration, not with regard to enforcement, but to address the harmony and scale as noted in questions c and e in the findings. He added that neither the Comp Plan nor the Code addresses specific neighborhoods. The only way to address these questions is in looking at the covenants.

 

Commissioner Hess commented in support of moving toward a paradigm of greater density in development in an effort to reduce dependence on automobiles. He referenced the information provided by City Planner McKibben on the importance of this issue. Point was raised that when looking at increasing density, consideration also has to be given to the capability of the land to handle higher density.

 

Further comment was made regarding the Commission referencing the covenants in a recommendation. Opposition was express and input from the City Attorney was requested.

 

VOTE (Main Motion): YES: MINSCH, HESS, KRANICH, FOSTER, STORM

            NO: ZAK

 

Motion carried.

 

C.         Staff Report PL 08-45, CUP 08-02, A Request to Amend Conditional Use Permit 97-02 to Allow One Building Housing Seven (7) Garage-Boat Storage Units at Land’s End Condominiums Located at 4799 Homer Spit Road

 

Commissioner Foster disclosed for the record that he has a professional and personal relationship with a staff member who contributed to this report. No motion was made regarding his situation of personal interest.

 

City Planner McKibben reviewed the staff report.

 

Jon Faulkner, applicant, requested that Public Works Director Meyer comment first regarding the drainage.

 

Public Works Director Meyer commented that in the past he thinks the drainage moved from the City’s lot to the bay and perhaps sometimes through the land where the condominiums are. With construction of the condos there is a need to ditch and ultimately add a storm drain on the north side of the condo property and the south side of the City property. There will be an outfall to the beach on the west side of the condo property.  Currently there is a five foot building setback on the condo property, and no other restrictions. Public Works Director Meyer said he and Mr. Faulkner spoke prior to the meeting and agreed on the idea of dedicating an 11 foot drainage easement. The 5 feet closest to Mr. Faulkner’s development would also be there for a berm or vegetative screen between the two properties. Mr. Meyer said it uses the space most effectively by having a 10 foot corridor on the condo property that could become part of a piped drainage easement in the future and also allow some of it to be used as a vegetated buffer. Normally plantings are encumbrances in an easement like this, but this is a corridor set aside for future drainage improvements when the City’s lot is developed to the same density as the condo lot.

 

There was discussion regarding whether the Commission should recommend a ten foot drainage easement as referenced in the staff report or and eleven foot easement as recommended by Public Works Director Meyer. It was suggested that the Commission could amend the recommendation to allow the applicant to work with Public Works to establish a drainage easement on the north property line and specify a time frame. Public Work Director said 60 to 90 days would not be unreasonable.

 

Public Works Director clarified that the easement isn’t required along the entire lot line and clarified on the aerial photo the location from the access road to the end of the property line.

 

Commissioner Hess disclosed that he worked on the condo project several years ago during phase 1. He has no relationship with the applicant now and hasn’t had one for many years. No motion was made regarding a conflict of interest.

 

Mr. Faulkner introduced Lea Miner, project manager and manager of the Home Owners Association.  He recognized the planning staff, particularly Planning Technician Harness for doing an outstanding job in research and preparation of the staff report.  He commended City Planner McKibben and said she will be sorely missed by the town with her professional approach to planning and her fastidious attention to detail. He wished her the best of luck in Juneau.

 

Mr. Faulkner said he was in attendance to answer questions the Commission may have. He doesn’t feel the application is as complex as it appears on paper. He provided a copy of an individual property owner consent and approval of the concept of this addition. He said there was unanimous agreement from the property owners and all the signed forms can be presented. Mr. Faulkner said he supports Public Works Director Meyer’s representation of the drainage solution. He pointed that the planning staff is calling for a vegetated buffer between his property and the City’s and it is very hard to maintain a vegetated buffer in the same location to perform a drainage easement. The compromise that Mr. Meyer alluded to has their support and they are prepared to implement the five foot buffer as well as a five or six foot drainage easement to the north of that. They are prepared to accept a 10 foot wide drainage easement and no buffer if that is the City’s preference, but he explained that they have already built the buffer because that was one of the requirements from 1998. It isn’t wholly planted but they are prepared to complete it. He asked that the record reflect the location for the easement is from the gravel access, and the easement to the east does not require a drainage easement. He noted the area to the east of the gravel access has extensive planted landscaping as well as retaining walls for parking.

 

Chair Kranich opened the public hearing. There was no public testimony. Chair Kranich closed the public hearing.

 

Ms. Miner responded to questions from the Commission, stating that the form signed by condo owners giving consent for the project states that it is a draft and the property owners understand it is a draft proposal that is not final and is subject to the association, developer, and city approval. She also stated the drawings in the packets are copies and the plans with the surveyor’s stamp are on file with planning. Mr. Faulkner added that everything that has representation to square footage is stamped by a registered surveyor.

Commissioner Zak encouraged creative landscaping, which could include upside down trees for the eagles to sit on.

 

There was discussion regarding a 25 foot setback from the drainage easement as referenced in recommendation h on page 71 of the staff report. City Planner McKibben commented that if they are going to leave the details of the drainage easement to be worked out later it should be amended to say the garage-boat storage building will be set back in accordance with HCC 21.44. 050 (b)(2).

 

Question was raised to why the buildings are located so close to the property line. Ms. Miner clarified that the garages are located close to the property line to meet the minimum requirement and allow room for maneuverability.

 

MINSCH/ZAK MOVED TO ADOPT STAFF REPORT PL 08-45 WITH STAFF RECOMMENDATIONS TO AMEND CUP 97-02 TO ALLOW THE COMPLETION OF PHASE 8, UNITS 20, 21, AND 22 AND TO FURTHER AMEND CUP 97-02 TO ALLOW THE ADDITION OF A GARAGE-BOAT STORAGE BUILDING ON LOT 24-B1.

 

STAFF COMMENTS/RECOMMENDATIONS: Approval of a Conditional Use Permit requires five yes votes. 

Staff recommends amending CUP 97-02 to allow the completion of Phase 8, Units 20, 21 and 22 of Land’s End Condominiums.  Further, staff recommends amending CUP 97-02 to allow the addition of a garage-boat storage building on Lot 24-B-1 Lands End Subdivision No. 2 Amended.   

 

If the Planning Commission approves the request, staff recommends:

a.      (Minimum: completion of Phase 8) - CUP 97-02 Condition 2:  Total floor area of the residential condominiums shall not exceed 52,500 square feet.

b.              (Full request:  completion of Phase 8 plus the garage-boat storage building) - CUP 97-02 Condition 2:  Total floor area of the residential condominiums and the garage-boat storage building, shall not exceed 56,500 square feet.  No further expansion will be granted on Lot 24-B-1 Lands End Subdivision No. 2 Amended.  Hotel expansion is limited to an addition 18,000 square feet as outlined in the letter dated May 14, 2008.

c.               CUP 97-02 Condition 3:  Lot Coverage of the residential condominiums and the garage-boat storage building shall not exceed 32,500 square feet.

d.      Update CUP 97-02 Conditions 11,12,13,14,17,and 21 by replacing the word cottage with condominium.

e.      Amend CUP 97-02 Condition 13:  A detailed landscaping plan will be provided and adhered to in conjunction with zoning permit approval for the conjunction with building permit approval for the construction of the condominium.  Replacing dead evergreens along Land’s End Way to be completed by July 31, 2008.  Extend the tree planting along the entire length of the north property line by July 31, 2009. 

f.       Establish a timeline for Condition 14:  The Land’s End Condominium property will be paved by August 31, 2009 per the Paving Plan dated 4/16/08.

g.      Modify Condition 21:  The number of residential condominiums is limited to 22 units.

h.      Maximum garage floor area is 4,750 square feet.  Maximum building height for the garage-boat storage units will be 26 feet.  The garage-boat storage building will be setback 25 feet from north property line.

i.        Fire Marshal approval for the garage-boat storage building required prior to construction.  Flood Elevation Certification required upon completion.

j.       With the completion of the final expansion of the hotel lobby-spa scheduled for 2009-10, the applicant agrees to no further expansion on Lot 24-C-1 Lands End Subdivision No. 2 Amended.

Approve Finding:  Land’s End Lodge Condominium meets the floor area ratios and open area standards per HCC 21.61.060(e)(2).  

Approve Finding:  The number of condominium units is reduced from 28 to 22.

Approve Finding:  No further expansion is allowed on the condominium lot, Lot 24-B-1 Lands End Subdivision No. 2 Amended.

Approve Finding:   Traffic demands are not increased by this proposal.

Approve Finding:  The Decision of Appeal, pg 4 & 6, signed February 9, 1998 states that the then, proposed PUD is no greater risk, population density and traffic than the existing uses. 

Approve Finding:  The Decision of Appeal, pg 6, signed February 9, 1998 states that “City code seems clearly to approve the concept of a residential PUD on the Spit.  PUDs are specifically authorized to include residential uses, HCC 21.61.060(b), and PUDs are allowable in the Marine Commercial District, HCC 21.52.030. 

Approve Finding:  The Decision of Appeal, pg 7, signed February 9, 1998 states “The community plan for the Homer Spit contemplates a wide variety of uses, which include open space/recreation, HCC 21.54, marine commercial, HCC 21.52, and marine industrial, HCC 21.53.  By reason of the PUD provisions of the zoning code, it also includes residential uses under controlled condition, HCC 21.61.060(b).  In light of the code provisions specifically authorizing some residential usage in the Marine Commercial District, one cannot conclude that all residential use is per se against the community plan.”

Approve Finding:  The 1999 Homer Comprehension Plan Update, page 5 the Homer Spit Plan states “Require appropriate engineer’s approval for structural integrity for any large additions to existing structures.”  The applicant has submitted FEMA’s Floodplain Elevation Certificate, Summary of Building Inspections and Notice of Completion for Phases 1-7.  Phase 8 is under construction. 

If the Planning Commission denies the request, staff recommends:  

k.      Update CUP 97-02 Conditions 11,12,13,14,17,and 21 by replacing the word cottage with condominium.

l.        CUP 97-02 Condition 13:  A detailed landscaping plan will be provided and adhered to in conjunction with zoning permit approval for the conjunction with building permit approval for the construction of the condominium.  Replacing dead evergreens along Land’s End Way to be completed by July 31, 2008.  Extend the tree planting along the entire length of the north property line by July 31, 2009. 

m.    Establish a timeline for Condition 14:  The Land’s End Condominium property will be paved by August 31, 2009 per the Paving Plan dated 4/16/08.

n.      Modify Condition 21:  The number of residential condominiums is limited to 22 units.

Denial Finding:  The existing project exceeds CUP 97-02 Condition 2.

Denial Finding:  The proposed addition exceeds CUP 97-02 Condition 3.

 

Question was raised regarding the applicant wanting to exceed CUP 97-02 condition 2. Mr. Faulkner explained that the reason for asking permission to exceed the original limits is that it is in keeping with the intent of the project and there is proven demand. These are all pre-sold. He said there are three reasons they are at this point. First, the design from phase 1 hasn’t changed, with the exception of the stand alone unit built in phase 6. If they built nothing more than what they built in phase 1 they wouldn’t be in the in the overage situation. The interior of the units changed, not the exterior. They decked over the second level on two or three units and added interior decking in the units through a customization process, which added square footage, but didn’t increase the building footprint or lot coverage. These were all requests for interior customizations. Second, when they started the project there wasn’t a lot of demand for customization. When they got to phase 3, each unit has been customized. The planning horizon from planning construction to the time they finish is about a year and a half. They applied for phase 8 before 6 and 7 were complete. Customization happens during construction. They don’t know the total square footage until the project is done, asbuilt surveyed, and complete. They had no way of know when they applied for the building permit in January 2007 for phase 8 that they were close to the thresholds because phase 6 and 7, which didn’t close until fall of 2007. Third, they weren’t keeping as close track as they should have and the planning department wasn’t keeping track of the square footage with them as the project advanced.

 

Confirmation was requested regarding the amendment to CUP 97-02 Condition 21 that the number of condos is limited to 22 units. Mr. Faulkner said the original plan called for 28 and they are willing to limit it to the 22 that exist or are under construction now.

 

Question was raised regarding reference to code citation HCC 21.61.060 (e)(5)(c) in that it does not say “garage-boat storage units” in the code. City Planner McKibben commented that it was a typographical error.

 

Chair Kranich called for a break at 8:46 p.m. The meeting resumed at 9:01 p.m.

 

ZAK/MINSCH MOVED ON PAGE 72 OF THE STAFF REPORT WE ELIMINATE FROM THE TOP BOLD PRINT THROUGH THE SECOND DENIAL FINDING.

If the Planning Commission denies the request, staff recommends:  

o.      Update CUP 97-02 Conditions 11,12,13,14,17,and 21 by replacing the word cottage with condominium.

p.      CUP 97-02 Condition 13:  A detailed landscaping plan will be provided and adhered to in conjunction with zoning permit approval for the conjunction with building permit approval for the construction of the condominium.  Replacing dead evergreens along Land’s End Way to be completed by July 31, 2008.  Extend the tree planting along the entire length of the north property line by July 31, 2009. 

q.      Establish a timeline for Condition 14:  The Land’s End Condominium property will be paved by August 31, 2009 per the Paving Plan dated 4/16/08.

r.       Modify Condition 21:  The number of residential condominiums is limited to 22 units.

Denial Finding:  The existing project exceeds CUP 97-02 Condition 2.

Denial Finding:  The proposed addition exceeds CUP 97-02 Condition 3.

 

There was brief discussion regarding modifying condition 21, it was noted that it is referenced in the approval recommendations too.

 

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

 

Motion carried.

 

MINSCH/ZAK MOVED TO DELETE STAFF RECOMMENDATION A ON PAGE 70.

(Minimum: completion of Phase 8) - CUP 97-02 Condition 2:  Total floor area of the residential condominiums shall not exceed 52,500 square feet.

 

Commissioner Minsch commented that she understood that they needed to take action to remove either a or b. City Planner McKibben concurred.

 

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

 

Motion carried.

 

MINSCH/ZAK MOVED TO ADD A NEW CONDITION THAT THE APPLICANT IS TO DEDICATE A DRAINAGE EASEMENT, WORKING WITH PUBLIC WORKS TO ESTABLISH A DOCUMENT, ALONG THE NORTH PROPERTY LINE ADJACENT TO THE CITY PROPERTY NO LATER THAN 90 DAYS AFTER THE DECISIONS AND FINDINGS DOCUMENT IS APPROVED.

 

There was brief comment regarding the drainage easement and buffers. In other instances around town the drainage easement is to be counted in as part of the buffer. City Planner McKibben cited code and read the setback requirement from drainage:

Where open ditch construction is used to handle drainage within the tract the minimum of 15 feet shall be provided between any structures and the top of the bank of the defined channel.

 

She said it wasn’t intended to be a setback from the easement. She suggested that condition h might be amended to be the storage building will be setback from the north property line in accordance with 21.44.050(b)(2).

 

Mr. Faulkner referenced CUP 97-02 condition 13 and said they have submitted a detailed landscaping plan that calls for a 5 foot vegetated buffer along the lot line. The berm exists along the north lot line and the eastern third has been planted.

 

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

 

Motion carried.

 

MINSCH/FOSTER MOVED TO ADOPT ANOTHER FINDING THAT THE PROJECT IS TO COMPLY WITH  HCC 21.49.060 SITE DEVELOPMENT REQUIREMENTS-STORM WATER PLAN.

 

There was no discussion.

 

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

 

Motion carried.

 

MINSCH/HESS MOVED TO AMEND ITEM H SO THE SECOND SENTENCE READS THE GARAGE-BOAT STORAGE BUILDING WILL BE SET BACK FROM THE NORTH PROPERTY LINE IN COMPLIANCE WITH HCC 21.44.050 (B)(2).

Maximum garage floor area is 4,750 square feet.  Maximum building height for the garage-boat storage units will be 26 feet.  The garage-boat storage building will be setback 25 feet from north property line in compliance with HCC 21.44.050(b)(2).

 

There was no discussion.

 

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

 

Motion carried.

 

ZAK/MINSCH MOVED TO ADD A RECOMMENDATION THAT UPSIDE DOWN EAGLE TREES BE ALLOWED TO SUBSTITUTE FOR EVERGREEN TREES IN THE DRAINAGE EASEMENT/LANDSCAPE BUFFER.

 

There was discussion that the eagles will sit anywhere. Given the uniqueness of the spit it would be nice to have a few of them and Land’s End would do a good job of integrating them into the design. It was noted that the applicant doesn’t have to do it.

 

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

            NO: KRANICH, HESS

 

Motion carried.

 

There was no further discussion on the main motion as amended.

 

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

 

Motion carried.

 

Mr. Faulkner thanked the Commission and staff.

 

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.

 

There were no plats for consideration.

 

PENDING BUSINESS

 

A.         Staff Report PL 08-58, Planning Commission Worklist

 

City Planner McKibben reviewed the staff report and the current worklist. Regarding the Technical re-write of Title 21, City Planner McKibben reminded the Commission that it is not a policy re-write and to stay focused on the technical part of it. The policy changes should be saved until after the Comprehensive Plan.

 

Points of discussion included:

·         Move overslope down to the un-prioritized list and address it after the spit plan is developed.

·         Move residential office district regulations to the prioritized list as item 5.

·         Permitting for higher density development should be prioritized. It could be included in the title 21 re-write as it is a major theme in the plan.

·         Zoning permit requirements might be clarified with the technical re-write as there has been a difference in opinion and the re-write may clear it up.

·         Integrate building standards into #6.

·         Remove interim CUP process (item 6 second bullet)

·         Integrate grading and filling with the DAP and place it in the prioritized list. Grading and filling are still issues with the fill that is moving around, it doesn’t matter if it is steep slope or wetlands. Spit Parking and Overslope should be addressed after there is a spit plan.

·         Add the dark skies initiative and lighting standards in all districts.

 

B.         Staff Report PL 08-55, Bylaws and Policy and Procedures Manual

 

Chair Kranich reviewed the amendments that were recommended during the worksession.

·         Applicant presentation 10 minutes

·         Public Testimony 3 minutes.

·         Rebut of evidence by applicant 5 minutes.

·         Definitions for exparte.

·         What items are quasi-judicial or legislative.

 

Review standards for rezone need to be included in code and removed from policy and procedures. It was requested that it be added to the worklist with the un-prioritized items.

 

ZAK/STORM MOVED TO SEND THE POLICY AND PROCEDURES MANUAL AND BYLAWS ON TO COUNCIL WITH THE CHANGES THAT WERE MADE TONIGHT.

 

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).

 

A.         Staff Report PL 08-60, Memo to Council Requesting Funding for the Homer Spit Comprehensive Plan

 

City Planner McKibben reviewed the staff report and recommended the Commission make this recommendation to Council.

 

MINSCH/ZAK SO MOVED TO RECOMMEND TO COUNCIL.

 

There was brief discussion regarding funding, the title of the memorandum, and spit parking.

 

VOTE: NON OBJECTION: UNANIMOUS CONSENT.

 

Motion carried.

 

B.         Staff Report PL 08-63, Joint Worksession with Port & Harbor Commission

 

City Planner McKibben reviewed the staff report.

 

The Commission briefly discussed the meeting notes and summary.  Commissioner Hess noted a correction in the meeting notes at the top of page 7. He recalled saying that there was $50,000 that may be an availability of funds for the plan and would like to have it amended.

 

MINSCH/STORM MOVED TO APPROVE STAFF REPORT PL 08-63 WITHOUT SIGNATURES.

 

There was brief discussion.

 

VOTE: NON OBJECTION: UNANIMOUS CONSENT.

 

Motion carried.

 

C.         Staff Report PL 08-61, Amendment to HCC 21.64 - Nonconformity

 

City Planner McKibben reviewed the staff report.

 

City Planner clarified that if the recommendation for nonconformity is going to be handled by the Planning Commission, it should go through a public hearing process. If the Commission decides it is an administrative process, there is no public hearing required and would be appealable to the Planning Commission. She hasn’t found a code that requires public hearing before the Commission. In some municipalities it is done administratively.

 

MINSCH/ZAK MOVED TO DISCUSS AMENDING THE NONCONFORMING PORTION, STAFF REPORT PL 08-61 AN AMENDMENT TO HCC 21.64.

 

There was consensus and discussion ensued.

 

There was discussion regarding nonconformity and annexation. City Planner McKibben expressed that nonconformity should be addressed when the annexation happens and the area is zoned. A timeline would be established and property owners would have a timeframe to document their nonconformity through an established process. Comment was made that it is incumbent on the City to determine what exists.  Other points included:

·         A subchapter in the nonconformity code to deal with annexed properties.

·         When annexation is proposed, send a letter to property owners to make them aware of the uses allowed in their district and ask them to contact the City to go through the nonconforming process.

·         We need to deal with the issues from this current annexation. It would be good for staff to deal with nonconformity and if issues arise, then the nonconformity can come before the Commission with a public hearing.

·         Changes to permitting requirements shouldn’t have anything to do with getting nonconforming status.

 

The Commission agreed to schedule this for discussion at their next worksession.

 

INFORMATIONAL MATERIALS

 

A.         Letter from City Planner McKibben, to Mary Toll, Platting Officer dated May 6, 2008 regarding Remand of Country Club Estates Plat Waiver         

        

COMMENTS OF THE AUDIENCE

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

 

Public Works Director Meyer said that Public Works will miss working with City Planner McKibben. He said he attended the Borough Planning Commission meeting on May 12 and the City’s preliminary plat was approved for the Water Treatment Plant, and they secured a permit of entry to allow the City to begin construction. Oral argument on the eminent domain issue is scheduled for Friday so the whole issue of ownership and being able to carry through with the project should be resolved by the end of the week. Mr. Meyer said he spoke during the public testimony period on Country Club Estates. He thinks the Borough understands the issue is bigger than just the 5 acre property. The Borough appears to recognize that it is an issue that runs all along the bay, and is looking forward to getting before a judge to get a decision. It has huge implications to all the property along the bay, along the Kenai River, and probably in other places. Public Works Director Meyer advised the Commission that Public Works is working on Kachemak Drive Phase II water and sewer, finishing up the design, and securing easements.

 

Question was raised regarding whether it is feasible to put a bike path along the sewer line. Mr. Meyer said not as part of this project. The funds that are authorized to be used are water and sewer funds. The City won’t be doing anything to preclude it from happening, but we don’t have the dollars to accomplish it.

 

Chair Kranich noted that this is something that should be addressed in the Comp Plan. They say the City is at the end of the road so we don’t have to worry about through traffic, but according to the last estimate from the Borough, 50% of the population lives past us. He feels the City and DOT should be working hand in glove to figure out what is going to be the way of the future to accommodate the ever increasing traffic.

 

COMMENTS OF THE COMMISSION

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

 

The Commissioners thanked City Planner McKibben and wished her good luck in Juneau.

 

Commissioner Foster added that he doesn’t think he has been in a department that has worked so smoothly as the Planning Division. A lot of that has to do with her leadership to drive that.

 

Chair Kranich reminded the Commission about the public workshops on the landscape suitability map and encouraged people to attend.

 

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 10:40 p.m. The next Regular Meeting is scheduled for June 4, 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: