By Marcia Kuszmaul

Homer Independent Press


In a newly scheduled 5:30 p.m. worksession on Feb. 18, the Planning Commission will finish up its input to the public review draft of the Title 21 zoning update. The focus will be housing (including short-term rentals), wetlands, and watercourses and steep slopes.


These topics generated considerable written and in-person public comment at the commission’s Feb. 4 worksession, but were postponed after vigorous debate on conditional use permits (CUPs) and administrative adjustments consumed the two-hour meeting.


CPUs and administrative adjustments

The commission rejected a proposed change to remove the current CUP requirement for more than one principal building on a lot and large buildings (more than 8,000 square feet or more than 30% lot coverage). In a Jan. 26 memorandum, City Planner Ryan Foster spelled out the purpose of a CUP – to approve land uses and structures “with special design or site requirements, operating characteristics, or potential adverse effects on surroundings.” CUP applications require a public hearing.


Commissioners broadly agreed with Commissioner Heath Smith’s belief that CUPs “safeguard the community.”


“[T]he process is just as, if not more, important than the result,” Commissioner David Schneider said. “. . . especially as regards the opportunity for the public to come forth and have their say.” 


Commissioners considered a detailed draft table of “dimensional and intensity standards” meant to create unique standards by zoning districts for building height, coverage, setbacks and more. 


For example, in a Rural Residential district, a 35-foot building height with 30% building coverage is the proposed maximum standard; in a Downtown Multi-Use district, the maximum standard is 50 feet. and 70%. Any variance from standard would trigger a CUP.


Commissioners generally were in favor of the flexibility built into the proposed dimensional standards structure, but debated some of the specifics and asked the consultants to review the standards again. They agreed, however, that in application, building coverage percentage calculations must be based on buildable area, not lot size, to account for environmental constraint overlays such as wetlands, steep slopes and flooding. 


Commissioners also were asked to consider an administrative adjustment process that would allow the city planner to approve up to a 10% variance from dimensional standards or up to a 2-foot reduction in setbacks. Commissioners thought that greater flexibility in the standards and the existing CUP processes would be sufficient without an administrative option.


Housing, wetlands and slopes

Questions before the commission at the upcoming Feb. 18 worksession include:

• Do we need a CUP requirement for townhouses or just large projects?
• Should we limit multi-unit housing in commercial and industrial districts to preserve space for those uses?
• Should we establish a registration process or establish regulations for short-term rentals?
• What are the next steps to enhance wetlands and steep slope regulations?
  
  

Commissioner Smith suggested that the U.S. Army Corps of Engineers be invited to the Feb. 18 worksession to clarify what capacity they do or do not have with regards to wetlands and watersheds.


In his public testimony, Hal Shepherd, president of the Kachemak Bay Watershed Council, said he liked the recommendation to talk to the Army Corps of Engineers. 


“The elephant in the room for a lot of us who are focused on conservation issues is the Army Corps of Engineers jurisdiction,” Shepherd said. “Currently, the attempt by the Trump administration is to dramatically reduce that jurisdiction over protecting wetlands and watersheds.”


Shepherd encouraged the commission to take on jurisdiction of wetlands and watersheds or at least augment the Corps’ jurisdiction with strong regulations. 


Karin Marks, chair of the Economic Development Advisory Commission, asked the commissioners to think of “appropriate housing,” not just affordable housing. She said people getting started in jobs are looking for multi-unit rentals and “we need to have them here.”


A complete recording of the Feb. 4 Planning Commission worksession with transcript and supporting documents and agenda packets for the Feb. 18 worksession are available on the city website.