Session 05-23, a Special Meeting of the Homer Advisory Planning Commission was called to order by Chair Chesley at 6:16 p.m. on November 9, 2005 at the City Hall Cowles Council located at 491 E. Pioneer Avenue, Homer, Alaska.
PRESENT: COMMISSIONER CHESLEY, HESS, FOSTER, PFEIL, LEHNER, CONNOR, KRANICH
STAFF: CITY PLANNER MCKIBBEN
DEPUTY CITY CLERK JACOBSEN
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 and considered in normal sequence.
A. Time Extension Requests
B. Approval of City of Homer Projects under HCC 1.76.030(g)
C. KPB Coastal Management Program Reports
D. Commissioner Excused Absences
The agenda was approved as written by consensus of the Commission.
LEHNER/KRANICH MOVED THAT WE COUNT THE VEGETATED DO NOT DISTURB ZONES AND LANDSCAPED AREAS ON SITE PLAN DATED 9/10/05 TOWARDS THE MINIMUM OPEN SPACE REQUIREMENTS FOR THE RV PARK.
VOTE (Main motion as amended): YES: KRANICH, CHESLEY, LEHNER, PFEIL, CONNOR
Motion carried.
CONNOR/FOSTER MOVED FOR RECONSIDERATION.
Commissioner Connor explained that after the last Adair meeting she did some research and decided she was not comfortable with the way she voted, so she would like to bring it back to the table for more discussion.
VOTE: YES: FOSTER, CONNOR, PFEIL, CHESLEY, LEHNER, KRANICH, HESS
Motion carried.
COMMISSION BUSINESS
The Commission hears a report from staff, testimony from applicants and the public. Commission business includes resolutions, ordinances, zoning issues, requests for consideration and other issues as needed. The Commission may ask question s of staff, applicants, and the public.
A. Conditional
Use Permit 05-09 1302 Ocean Drive, Planned Unit Development, Adair, Remanded to
the Homer Advisory Planning Commission by the City of Homer Board of
Adjustment.
Motion on the floor after
reconsideration:
LEHNER/KRANICH MOVED THAT WE COUNT THE VEGETATED DO NOT DISTURB ZONES AND LANDSCAPED AREAS ON SITE PLAN DATED 9/10/05 TOWARDS THE MINIMUM OPEN SPACE REQUIREMENTS FOR THE RV PARK.
Chair Chesley summarized
that at the Commission has held one meeting on the remand, which focused on
additional information needed on the site plan and the parking configurations,
and to ensure adequate parking is available for the volume of the uses. The meeting was continued to allow Staff the
opportunity to clear up some questions with Mr. Adair and to allow time to
prepare a revised site plan.
City Planner McKibben
summarized her staff report and made reference to a letter to Mr. Adair
regarding information from the previous meeting. She explained that Mr. Adair has sent a variety of information,
ü
His response to the
additional information that was accepted by the Commission from David Scheer.
ü
His response to the punch
list of questions that Ms. McKibben sent him after the last meeting.
ü
A revised site plan.
Ms. McKibben pointed out
the revised site plan includes 37 parking spaces, which is the minimum number
calculated based on the Code. In order
to accommodate those, he sacrificed an RV parking space. There was discussion that Mr. Adair had
included a manager’s residence on this
revised site plan, however Ms. McKibben explained to him that the
original application received had the manager’s residence included in one of
the four units. Mr. Adair responded
that he is willing to leave it as it was, but would prefer it as shown on the
most current revised site plan. She
pointed out his revisions:
ü
The parking spaces were
rearranged.
ü
The dumpster space is
shown
ü
A loading and unloading
zone is shown.
ü
2 employee parking
spaces, however they do not meet the criteria in Title 7.
Mr. Adair submitted this
third site plan that consolidates all the uses in one building. There was discussion regarding whether or
not the Commission could discuss the third site plan. Mr. Adair feels that this third plan addresses a lot of the
concerns and is open to considering holding another public hearing with this
third site plan. He feels it is a
better solution and hoped to get some feedback as to whether the Commission
feels it is a feasible plan. She feels
his primary concern is with his neighboring property owners. If the nieghbors are indicating a willingness
to look at a new site plan, he is indicating a willingness to submit a new
plan. The Commission felt they should
conclude work specific to the remand and would continue the dialogue on
discussing the third site plan upon conclusion of this business. They also agreed that they would not
consider the new location of the Manager’s residence.
Motion on the floor after
reconsideration:
LEHNER/KRANICH MOVED THAT WE COUNT THE VEGETATED DO NOT DISTURB ZONES AND LANDSCAPED AREAS ON SITE PLAN DATED 9/10/05 TOWARDS THE MINIMUM OPEN SPACE REQUIREMENTS FOR THE RV PARK.
Commissioner Connor explained that in the Code there is a requirement that at least 7% of the development is reserved as open space. Ms. Connor cited the definition for open space which states, "Open space" means areas of varying sizes which generally are developed for a variety of recreational uses or are preserved for their natural amenities. Open spaces may be for use by the public, by private development, or cooperatively owned for use by members of a homeowners association, and include squares, parks, bicycle/pedestrian paths, refuges, campgrounds, picnic areas and outdoor recreation facilities.” She pointed out that nowhere in the definition are buffers or setbacks mentioned and expressed her understanding that the intent of the Code is that there be open space. She doesn’t feel that including the setbacks and buffers add to a meaningful open space for this development.
There was discussion by the Commission regarding what is needed to meet the requirements for open space. There was discussion that the 8-foot do not disturb area should be counted as open space, because it cannot be developed. The suggestion was made that the area Mr. Adair listed as a Manager’s Residence would be a nice spot to put a picnic table, a piece of playground equipment or something of that sort to that would meet the open space definition. City Planner McKibben pointed out that each RV spot has an area that has been seeded and planted with a variety of plants. The point was brought up that 5 of the 8 feet is required setback. The Commission also discussed that there is some leeway because the definition says “means areas of varying sizes which generally are developed for a variety of recreational uses or are preserved for their natural amenities that” and having the word “or” doesn’t preclude vegetated buffers from also serving the purpose of open space. City Planner McKibben calculated 7% of the entire RV Park to be 2,927 square feet.
There was discussion for the wording of an amendment.
CONNOR/PFEIL MOVED TO AMEND THE MAIN MOTION TO EXCLUDE THE DO NOT DISTURB ZONES FROM THE OPEN SPACE REQUIREMENTS.
Commissioner Foster commented that he is not opposed to excluding the five-foot setback, but not the whole eight feet.
FOSTER/ CONNOR MOVED TO AMEND THE AMENDMENT TO EXCLUDE THE FIVE-FOOT SETBACK ON THE EASTERN SIDE FROM THE OPEN SPACE CALCULATION.
VOTE: YES: CONNOR, LEHNER, CHESLEY, FOSTER, PFEIL
NO: KRANICH, HESS
Motion carried.
VOTE (Amendment as amended): YES: PFEIL, CONNOR, ROSTER, CHESLEY, LEHNER
NO: KRANICH, HESS
Motion carried.
The amended main motion was restated as follows:
That we count 3
feet of the vegetated Do Not Disturb Zones on the eastern side and Landscaped
areas on site plan dated 9/10/05 towards the minimum open space requirements
for the RV park.
VOTE (Main motion as amended): YES: LEHNER, HESS, FOSTER, CHESLEY, CONNOR, PFEIL, KRANICH
Motion carried.
City Planner McKibben responded to information the Commission requested at the previous special meeting:
ü Regarding the Silver Fox CUP on the spit, one parking space was counted for the720 square foot fish-processing portion of the development.
ü Mr. Adair did make the request to Public Works to move the fire hydrant, which was denied.
ü The curb cut for the State requirement is 34 feet.
HESS/LEHNER MOVED THAT PARKING SPACES ONE AND TWO NOT BE COUNTED IN THE PARKING SPACE CALCULATION BECAUSE OF THE LESS THAN TWELVE FOOT REQUIRED FROM THE BUILDING TO THE EMPLOYEE PARKING ONE AND TWO.
Chair Chesley reminded the Commission that Ms. McKibben had pointed out that spaces one and two don’t meet the standards. He directed the Commission to Chapter 7 of the parking code and they had a brief discussion of parking requirements. Chair Chesley pointed out that even excluding those two spaces; there is enough parking to meet the requirements, including the spaces in the RV spaces, which have to be counted. There was discussion regarding the two ways to count for employee parking and City Planner McKibben explained that either way it is calculated, two spaces are required.
VOTE: YES: KRANICH, FOSTER, CHESLEY, LEHNER, PFEIL, HESS, CONNOR
Motion carried.
The Commission broke down the parking spaces on the site plan as follows:
ü 7 in the RV spaces (1 parking space in each RV space).
ü 1 RV visitor parking space.
ü 2 Manager spaces.
ü 25 spaces to meet Restaurant, Retail, Fish Processing and Cabin requirements.
With 35 spaces, Mr. Adair has met his burden for parking requirements.
Chair Chesley directed the Commission to the next discussion point, which is the required 15 feet minimum for a one-lane travel way, which is the case here. City Planner McKibben and Planning Technician Harness had gone out and measured from the drive to the bollards, which was the area in question from the last special meeting, and came up with 17 feet on one side and 19 feet on the other side. Chair Chesley and Commissioner Hess had measured as well and came up with the same results. Chair Chesley pointed out the inaccuracies in Mr. Adair’s site plan measurements compared to what staff and Mr. Chesley and Hess measured. The site plan needs to be tightened up to show that Mr. Adair does comply.
The Commission further discussed the measurements of the RV Spaces, the question being whether or not a turn could be made from space six or space seven out to Lake Street. Chair Chesley pointed out in the parking code 7.12.030 (b) it states “Designated parking space and driveways required under the provisions of this chapter shall be free of any physical feature which impedes or obstructs full use of those spaces or driveways for the purposes intended. It states that all parking facilities need to be on the site of the lot” and section (c) further states “All parking facilities, including parking spaces and driveways, shall be located on private property, and as specified in Section 7.12.040. Placements of parking facilities in designated rights-of-way shall not be permitted.” Commissioner Hess demonstrated, using the site plan, that it is questionable as to whether an RV can back into spaces six or seven without pulling out onto Lake Street.
The point Chair Chesley asked the Commission to consider would be to make an interpretation for staff on 7.12.030(c). His concern is that the public right-of-way of the street has to be used to begin to execute the backing maneuver into those two spaces, causing the RV’s to block off a lane of traffic in order to access those spaces, which is not consistent with this section of code. The Commission discussed several different scenarios that might work, emphasizing the need of a site plan with accurate measurements.
There was discussion regarding the appropriate wording of a motion.
HESS/LEHNER MOVED TO ADD A CONDITION TO THE CUP THAT VEHICLES MAY NOT IMPEDE TRAFFIC MOVEMENT ON ADJACENT RIGHT-OF-WAY IN ACCORDANCE WITH 7.12.030 (c).
VOTE: YES: FOSTER, CONNOR, PFEIL, CHESLEY, LEHNER, KRANICH, HESS
Motion carried.
The Commission took a short recess to determine what action needs to be taken now that they have completed their work on the remand. Following the break there was brief discussion on the wording of a motion.
PFEIL/LEHNER MOVED THAT IN REGARD TO CONDITIONAL USE PERMIT 05-09 PLANNED UNIT DEVELOPMENT, ADAIR, REMAND, THE HOMER ADVISORY PLANNING COMMISSION HAS PROVIDED ADDITIONAL PUBLIC NOTICE, HELD A PUBLIC HEARING TO HEAR ADDITIONAL TESTIMONY. THE COMMISSION HAS MADE DETERMINATIONS ON OPEN SPACE, PARKING AND BUILDING SIZE. THE COMMISSION HAS ADDED A CONDITION TO NOT ALLOW IMPEDIMENT OF TRAFFIC FLOW ON ADJACENT RIGHTS-OF-WAY. THE COMMISSION HAS CONSIDERED THE SIZE, LOCATION AND HEIGHT IN THE BUILDINGS AND THE CHANGES THAT WERE MADE FROM THE MAY 18 AND JUNE 1 SITE PLAN AND DETERMINED ADDITIONAL CONDITIONS WERE REQUIRED.
There was no discussion.
VOTE: YES: CHESLEY, PFEIL, CONNOR, LEHNER, KRANICH, HESS, FOSTER
Motion carried.
REPORTS
A. Borough Report
Commissioner Foster reported that there was a joint meeting between the Borough Planning Commission and the Assembly that dealt with gravel extraction. Members of the Army Corp of Engineers, Environmental Protection Agency, the Department of Natural Resources, the Department of Mine Safety and a geophysical engineer attended. It was explained that although each of the agencies does have oversight, that it is a case-by-case scenario when they do ask for additional information. The geophysical engineer recommended taking an extra step of assessment which is to put in four wells and a monitoring well in to identify where the ground water is. It was clear that for all the agencies involved the better information an applicant can give, the better it is. There is a lack of information about the ground water in those areas.
B. Kachemak Bay Advisory Planning Commission Report
PLANNING DIRECTOR’S REPORT
City Planner McKibben informed the Commission that on November 16 the Board of Realtors is having the COE, EPA and Mike Gracz of the Kenai Watershed Forum to speak to the Realtors regarding some of the disgruntlement about how many people are being referred to the COE prior to development. She will check to see how open the meeting is in case any Commissioners want to attend. She also told the group that she hopes to work with Dave Casey to set up a public meeting and explain how the COE does business, because they are in support of the Planning Staff referring people to their office. There was discussion about Councilmember Heimbuch’s resolution that is coming up on the Commissions next agenda, which is a proposal to remove the requirement for COE permitting prior to issuing a zoning permit.
Deputy City Clerk Jacobsen recommended the Commission suspend their rules to allow for audience comment, as it had been left of the agenda.
LEHNER/CONNOR MOVED TO SUSPEND THE RULES FOR PUBLIC COMMENT.
VOTE: YES: UNANIMOUS CONSENT.
Motion carried.
David Scheer commented that in the correspondence from Mr. Adair it is stated that Mr. Scheer has tried to force Mr. Adair to use him as his architect and Mr. Scheer will hold his project up forever because he has friends in the City. He wants to make sure that the Commission understands that there is no credence in that.
COMMENTS OF THE COMMISSION
Commissioners
may comment on any subject, including staff reports and requests for excused
absence.
Commissioner Lehner thanked Chair Chesley for his leadership. She questioned a letter in the packet from Councilmember Heimbuch. City Planner McKibben commented that it was supposed to be in the next regular meeting packet, not this one. She didn’t have any additional information for the Commission. Ms. Lehner commented that she isn’t clear about what a “come to Jesus” meeting is. Chair Chesley commented that it is where you come to make your heart right or put everything on the table and start a new direction.
Commissioner
Hess commented that at the HEA Board Meeting, the Executive Committee of the
Board along with the HEA administration unanimously agreed that joint use of
HEA easements for pedestrian is something they are totally willing to do. It is not a written policy yet but there are
emails out stating as such.
Commissioner
Pfeil concurred with Ms. Lehner’s words of thanks.
Commissioner
Foster offered his appreciation for all of their work on this. He expressed his concern that Mr. Adair
really prefers this new site plan and he wants it to be easy for Mr. Adair to
present this plan for discussion. Chair
Chesley said he will be asking Ms. McKibben to schedule the new site plan for
their next worksession so they can review it.
Commissioner
Kranich agreed that he would like to review the new plan, as the one they
approved may not be the best one.
Commissioner
Connor was glad to hear the Councilmember Heimbuch’s letter was not intended to
be in this packet, when she read it she perceived it as a thinly veiled
threat. She takes offence to the word “inquisition”. She read Webster’s definition of an
inquisition and explained that if this is an invitation for everyone to get
together and talk about important matters, it isn’t real enticing to her. She would like to see it re-written be a
more inviting letter, it just doesn’t seem appropriate.
Chair Chesley recommended that Ms. Connor’s comments be passed on to the City Manager. His recommendation which, he asked Ms. McKibben to pass on, through Mr. Wrede is to suggest the Commission is more than willing to meet with the Council to work on any specific issue related to zoning, ordinance interpretation or anything like that it would be entirely appropriate for them, but he doesn’t feel its appropriate to have a “come to Jesus” meeting or an inquisition. Those words don’t set up a formula for success of building understanding for the Council, Commission and staff. We all have different roles we fill and perhaps could better clarify where we sometimes may feel we are in conflict with each other. If we better understood our different roles, we may see each other’s perspectives better and have a better understanding. Good communication between all the departments is important. Chair Chesley thanked City Planner McKibben for her support.
ADJOURNMENT
There
being no further business to come before the Commission the meeting adjourned
at 8:40 pm. The next Regular Meeting is
scheduled for November 16, 2005 at 7:00 pm, in the City Hall Cowles Council
Chambers. There will be a Worksession
at 6:00 pm prior to the meeting. A
Special Meeting is scheduled for Wednesday November 30, 2005 at 6:00 pm.
MELISSA JACOBSEN, DEPUTY CITY CLERK
Approved: