Memorandum 14-068 Planning Commission Recommendations on Ordinance 14-09(A)

Memorandum 14-068
 
TO:                    Mayor Wythe and Homer City Council     
FROM:                  RIck Abboud, City Planner

DATE:                   March 25, 2014

SUBJECT:      Ordinance 14-09(A), An Ordinance of the City Council of Homer,   Alaska, Amending Homer City Code 21.12.020, “Permitted Uses and Structures”, to Expand the Permitted Uses in the Rural Residential District to Include the Addition of a Detached Dwelling Unit as an Accessory to a Single Family Dwelling on a Lot Serviced by City Water and Sewer Services and On a Lot That Is Over One Acre Not Serviced by City Water and Sewer Services. City Manager/Planning.

A public hearing was held by the Planning Commission March 19, 2014 on the proposed ordinance. One person provided public testimony. A motion to exclude the additional language added at the City Council was made. Several issues were raised, most revolving around septic systems including:

The value of notifying neighbors to help document local concerns.

Concern for contamination or preclusion of nearby wells or well sites.

Adequacy and documentation of current systems in relation to proposed expansion of  septic.

The wording of the amendment conflicts with standards for dwelling provisions for onsite water and wastewater (40,000 sf per dwelling w/o city services).

The uncertain follow through and documentation of AKDEC.

The ability of the city to inspect conditions and final work.

The ability of a CUP hearing to address unique concerns of individual applications and apply appropriate conditions.

Recommendation:

The Homer Advisory Planning Commission recommends to not amend Ordinance 14-09.

Note: While the City Council is not bound to the recommendation of the Planning Commission, this ordinance, as written, presents conflicting language with other provisions of title 21. If the concept is adopted, I strongly recommend a consultation with myself and the City Attorney to carefully craft the true intent of the ordinance.

Attachments:

Staff Reports 14-24, 14-28

Excerpts from Planning commission meeting minutes 3.3.14 and 3.19.14