Planning commission denies Doyon conditional use permit

In a special meeting held Wednesday, Jan. 31, the Homer Planning Commission passed a majority 6-1 vote against approving Doyon, Limited’s application for a conditional use permit to develop the former Lighthouse Village site.

After deliberating for over three hours in a closed session, the commission returned to the Homer City Hall Cowles Council Chambers to cast their votes and reveal their findings to the public.

Commission Chair Scott Smith, Vice Chair Charles Barnwell, and commissioners Roberta Highland, Brad Conley, Franco Venuti and David Schneider voted against approving the CUP application. Commissioner Mike Stark voted in favor of approving Doyon’s application.

Stark’s vote was based on the factors including the planned development’s potential positive impacts on Homer’s economic development, housing, creation of jobs, and the “well-being and quality of life for individual Homer residents and visitors.”

Highland reasoned that the proposed development “is not compatible with existing uses of surrounding land with rural residential and the protected wetlands and conservation zone.”

Conley stated that his reason for voting no had to do with “the inconsistency with using the application of a planned unit development for the CUP.”

Barnwell tied his reasons to the impact the planned development would have on local traffic and surrounding lots.

Citing Homer City Code 21.24.010, Barnwell said, “The General Commercial 1 district … is intended to minimize congestion and adverse effects on adjacent residential districts and on the appearance of the community.”

He also expressed concern regarding airport proximity and safety.

“The DOT designated approach surface that’s shown in the 2022 Homer DOT Airport Layout Plan clearly shows an approach surface that is directly over this proposed development,” he said.

However, the major reason Barnwell cited for voting against the CUP lay with concerns over the development’s “environmental location.”

“There’s a part of the 2018 (comprehensive) plan called the Green Infrastructure Map … and it very clearly shows this development in an area called ‘critical green infrastructure,’” he said. “Therefore, I think that the location here, environmentally, is pretty concerning.”

Venuti based his decision on the Doyon project’s noncompliance with HCC 21.44.040, as well as the maximum building height stated in city code.

“This project does not comply with Homer code 21.44.040, which requires that no structure may be closer to the top of a ravine, deep slope or bluff in the lesser of 40 feet,” he said. “Also, city code says that maximum building height in a General Commercial 1 district shall be 35 feet, and this exceeds that 35 feet.”

Smith preceded his findings by saying, “Everything in me wanted to vote yes…. However, there was one thing that was presented in our deliberations that I feel responsible to the city for, to prevent litigation.

“We appreciate Doyon’s development proposal. The planning commission feels it would be a great benefit to the Homer community. After thorough evaluation of CUP application 23-08, City Planner Report 23-060, and weighing public comment, the Homer Planning Commission finds against the application with the following finding per page 659 of the application. It lists the total square footage of the hotel structure as 80,505 square feet. This exceeds allowances in HCC 21.24.040 E4 and HCC 21.24.040 E1, which calls for up to 75,000 square feet. Therefore, the footprint of the hotel is larger than what is allowed by code,” Smith said.

Schneider cited Smith’s findings as his reasons for voting against the CUP.

This is not yet the end of the road for Doyon or for the planned Lighthouse Village development.

According to the Homer city clerk’s office, the Planning Commission will adopt its findings on Doyon’s conditional use permit application at their next regular meeting on Feb. 21 and submit their decision to Doyon. The corporation will have 15 days upon receipt to file an appeal. They also have the option to reconfigure their development plan and submit a new application to the planning commission.

The other items that Doyon applied for in conjunction with their conditional use permit application will still go before the Homer City Council or the Kenai Peninsula Borough Planning Commission for review, unless Doyon decides to pull those applications for rezoning the 1.35-acre lot at 1491 Bay Avenue, vacating the B Street right of way, and the replat preliminary plat.

Homer News previously reported that at their Jan. 3 meeting, the Planning Commission voted to recommend approval for Doyon’s application to rezone the 1.35-acre lot at 1491 Bay Avenue from rural residential to General Commercial 1. Rezoning authority does not lie with the Planning Commission, but with the Homer City Council. The commission’s recommendation that the rezone be approved will be forwarded to the council for their consideration at a later time, to be determined.

Also on Jan. 3, the commission passed a majority vote against recommending approval of Doyon’s application to vacate the B Street right of way south of Bay Avenue. As with the rezone, the authority to vacate rights of way lies with the city council. The council will consider the Planning Commission’s recommendation to not approve vacating the B Street right of way at a future meeting, to be determined.

In line with the majority vote against the ROW vacation, the commission decided at their meeting on Jan. 17 to not recommend approval of the Bayview Subdivision Lighthouse Village replat preliminary plat to the KPB planning commission. Platting authority lies with the borough planning commission rather than the Homer commission. As such, the Homer commission’s comments and recommendation will be passed along to the borough’s own review process at a future time to be determined.

Several members of the audience came forward toward the end of the Jan. 31 meeting to thank the commission for their effort and integrity during the process of considering Doyon’s application.

Zach Dunlap, representing Doyon at the meeting, echoed the Homer community members in the audience and thanked the planning commission and city staff for their work.

Commissioner Venuti recalled a moment from the commission’s Jan. 3 meeting when he asked the Doyon representatives what they would do if their proposal was voted down, and Vice President Patrick Duke replied they would sharpen their pencils and come back with a better idea.

“We’re looking forward to a better idea,” Venuti said.

The full recording of the Jan. 31 meeting, as well as supplemental materials, can be found online at www.cityofhomer-ak.gov/hapc/planning-commission-special-meeting-6.

Homer Planning Commission chair Scott Smith reads his findings into the records regarding Doyon, Limited’s conditional use permit application at the special meeting on Wednesday, Jan. 31<ins>, 2024</ins> in the Homer City Hall Cowles Council Chambers<ins> in Homer, Alaska</ins>. Screenshot.

Homer Planning Commission chair Scott Smith reads his findings into the records regarding Doyon, Limited’s conditional use permit application at the special meeting on Wednesday, Jan. 31, 2024 in the Homer City Hall Cowles Council Chambers in Homer, Alaska. Screenshot.

Homer city planner Ryan Foster (rear) listens as commissioner Franco Venuti (front) explains his reasons for voting against Doyon, Limited’s conditional use permit application at the Planning Commission special meeting on Wednesday, Jan. 31<ins>, 2024</ins> in the Homer City Hall Cowles Council Chambers<ins> in Homer, Alaska</ins>. Screenshot.

Homer city planner Ryan Foster (rear) listens as commissioner Franco Venuti (front) explains his reasons for voting against Doyon, Limited’s conditional use permit application at the Planning Commission special meeting on Wednesday, Jan. 31, 2024 in the Homer City Hall Cowles Council Chambers in Homer, Alaska. Screenshot.