Session 09-19, a Regular Meeting of the Homer Advisory Planning Commission was called to order by Vice Chair Kranich at 7:14 p.m. on December 2, 2009 at the City Hall Cowles Council Chambers located at 491 E. Pioneer Avenue, Homer, Alaska.

 

PRESENT:      COMMISSIONER DRUHOT, HAINA, KRANICH, SINN, MINSCH (arrived at 8:14 p.m.)

 

ABSENT:        COMMISSIONER BOS, WALKER

 

STAFF:                   CITY PLANNER ABBOUD  

                   DEPUTY CITY CLERK JACOBSEN

 

Vice Chair Kranich noted for the record that Commissioner Druhot has read and signed her oath of office. 

 

APPROVAL OF AGENDA

 

The agenda was approved by consensus of the Commission.

 

PUBLIC COMMENT

The public may speak to the Planning Commission regarding matters on the agenda that are not scheduled for public hearing or plat consideration.  (3 minute time limit).

 

There were no public comments.

 

RECONSIDERATION

 

There were no items for reconsideration.

 

ADOPTION OF 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 Minutes of November 4, 2009

2.       Time Extension Requests

3.       Approval of City of Homer Projects under HCC 1.76.030 g.

4.       KPB Coastal Management Program Reports

5.       Draft Decision and Findings for an appeal of an enforcement action at 844 Ocean Drive Loop, Kennedy

 

Item 5 was removed from the consent to item b under new business at the request of Vice Chair Kranich.

 

The amended consent agenda was approved as amended by consensus of the Commission.

 

PRESENTATIONS

Presentations approved by the City Planner, the Chair, or the Planning Commission.

 

There were no presentations scheduled.

 

REPORTS

a.       Borough Report

b.       Kachemak Bay Advisory Planning Commission Report

c.       City Planner’s Report

          1.       Staff Report PL 09-102, City Planner’s Report

 

City Planner Abboud reviewed his staff report. There was discussion regarding the condominium and townhouse information provided in the report.

 

PUBLIC HEARINGS

The Commission conducts Public Hearings by hearing a staff report, presentation by the applicant, hearing public testimony and then 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.  The applicant is not held to the 3 minute time limit.

 

A.       Staff Report PL 09-98, Ordinance Amending 21.54.060 Standards for Mobile Home Park

 

City Planner Abboud reviewed the staff report.

 

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

 

There was discussion clarifying that the amendment removes reference to mobile homes “in the park” because the code does not require that mobile homes be in mobile home parks. Also, tie downs and skirting would be required for any mobile home.

 

SINN/HAINA MOVED TO ADOPT STAFF REPORT PL 09-98 WITH STAFF RECOMMENDATIONS.

 

There was no discussion.

 

VOTE: NON OBJECTION: UNANIMOUS CONSENT

 

Motion carried.

 

B.       Staff Report PL 09-100, Ordinance Resolution 09-xx, Beach Road to be changed to Millers Landing Road, South of Kachemak Drive and East Road and Thomas Street to be changed to Glenview Street, Between the Sterling Highway and Forest Glen Drive.

 

City Planner Abboud reviewed the staff report.

 

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

 

There was no opposition expressed to the recommended street names.

 

SINN/DRUHOT MOVED TO ADOPT STAFF REPORT PL 09-100 STREET NAME CHANGES THOMAS STREET TO GLENVIEW STREET AND BEACH ROAD TO MILLERS LANDING ROAD WITH STAFF RECOMMENDATIONS.

 

There was no discussion.

 

VOTE: NON OBJECTION: UNANIMOUS CONSENT

 

PLAT CONSIDERATION

The Commission hears a report from staff, presentation from the applicant and testimony from the public.  The Commission may ask questions of staff, applicants and the public.

 

There were no plats for consideration.

 

PENDING BUSINESS

 

A.       Staff Report PL 09-99, Draft Ordinance Amending the Residential Office Zoning Code

 

City Planner Abboud reviewed the staff report.

 

HAINA/SINN MOVED TO DISCUSS AND MAKE RECOMMENDATIONS REGARDING THE DRAFT ORDINANCE AMENDING THE RESIDENTIAL OFFICE ZONING CODE.

 

There was no opposition expressed and discussion ensued.

 

There was discussion that this is amendment is more about taking existing residences and converting them into offices and not putting the burden on people having to come up to this 30 foot spacing. It was noted that there are triggers in place for facilities like daycares and others where public safety is involved.

 

HAINA/SINN MOVED TO APPROVE THE DRAFT ORDINANCE AMENDING THE RESIDENTIAL OFFICE ZONING CODE AND MOVE IT TO PUBLIC HEARING.

 

There was brief 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 and the applicants. Any items brought before the commission for discussion are on the floor for discussion following introduction of the item.  The Commission will accept presentation on agenda items that involve an applicant (such as acceptance of a nonconformity.)  A member of the public wishing to comment on regular business items that do not require a public hearing or public notice may do so under Public Comment.

 

A.       Staff Report PL 09-101, Draft Ordinance 09-xx, Amending the Bridge Creek Watershed Protection District.

 

City Planner Abboud reviewed the staff report.

 

HAINA/SINN MOVED TO DISCUSS AND MAKE RECOMMENDATIONS REGARDING THE DRAFT ORDINANCE AMENDING THE BRIDGE CREEK WATERSHED PROTECTION DISTRICT.

 

There was no opposition expressed and discussion ensued.

 

There was discussion for clarification that more than one building containing a principal permitted use on a lot will automatically trigger a CUP. There was also discussion about the second where as clause and the necessity referencing property owners outside City limits.

 

HAINA/DRUHOT MOVED TO AMEND THE SECOND WHEREAS PARAGRAPH AND STRIKE THE COMMA AFTER THE WORD LOT, REPLACE IT WITH A PERIOD, AND STRIKE EVERY WORD AFTER THAT TO THE END OF THE SENTENCE.

 

There was no discussion.

 

VOTE: NON OBJECTION: UNANIMOUS CONSENT

 

Motion carried.

 

HAINA/DRUHOT MOVED TO APPROVE THE DRAFT ORDINANCE AS AMENDED AMENDING THE BRIDGE CREEK WATERSHED PROTECTION DISTRICT AND MOVE IT FORWARD FOR PUBLIC HEARING.

 

There was no discussion.

 

VOTE: NON OBJECTION: UNANIMOUS CONSENT

 

Motion carried.

 

B.       Draft Decision and Findings for an appeal of an enforcement action at 844 Ocean Drive Loop, Kennedy

 

Deputy City Clerk Jacobsen noted for the record that if Commissioner Haina is going to be excused from discussion there would no longer be a quorum to approve the draft decisions and findings. A decision is required within 60 days from the date of the hearing which would be December 20, and the Commission has no other meetings scheduled this month. 

 

Vice Chair Kranich called for a recess to try to reach Chair Minsch at 8:09 p.m. who was absent due to illness. The meeting resumed at 8:14 with the arrival of Chair Minsch. She did not assume the seat of Chair and participated in the roll of a Commissioner.

 

Commissioner Haina was excused based on the determination at the 10/21/09 meeting that he may have a perceived personal bias. Commissioner Haina left the room.

 

There was discussion regarding point of appeal 4 which reads “The applicant states that he is guilty of continuing the “Alaska live and let live” principle.”, and finding 8 which reads “The Appellant is not and never was a homesteader and the property in question does not constitute a homestead.”

 

Question was raised whether the live and let live principle constitutes a statement that he was a homesteader, or that his property was considered a homestead. There is nothing that confirms if Mr. Kennedy ever homesteaded in Alaska. City Planner Abboud commented that this is a response to Mr. Kennedy’s statement in his appeal. As far as he knows, there is no legal standing. It was noted that this finding was approved at the October 21st meeting.

 

SINN/MINSCH MOVED THAT WE STRIKE FINDING 8.

 

There was discussion about whether or not they need to address the appellant’s statement. City Planner Abboud said as far as he knows there is no legal principle to defend here.

 

SINN/MINSCH MOVED TO AMEND TO STRIKE POINT OF APPEAL 4 AND FINDING 8.

 

There was no discussion.

 

VOTE (primary amendment): NON OBJECTION: UNANIMOUS CONSENT

 

Motion carried.

 

There was no further discussion on the main motion.

 

VOTE: (main motion as amended): NON OBJECTION: UNANIMOUS CONSENT

 

SINN/MINSCH MOVED TO ADOPT THE DECISIONS AND FINDINGS AS AMENDED REGARDING THE ENFORCEMENT ORDER AT 844 OCEAN DRIVE LOOP.

 

There was no further discussion.

 

VOTE: NON OBJECTION: UNANIMOUS CONSENT

 

Motion carried.

 

Commissioner Haina returned to the room and joined the Commission at the table.

 

INFORMATIONAL MATERIALS

Items listed under this agenda item can be HCC meeting minutes, copies of zoning violation letters, reports and information from other government units. 

 

A.           City Manager’s Report

 

B.           Memorandum 09-153, to the Homer City Council from Holly Souzzo, City Attorney

regarding Identifying and Addressing Conflict of Interest

 

COMMENTS OF THE AUDIENCE

Members of the audience may address the Commission on any subject.  (3 minute time limit)  

 

There were no audience comments.

 

COMMENTS OF THE COMMISSION

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

 

Commissioners Haina commented that he went to the Planning Commissioner’s conference. It was enjoyable, he learned a lot, and encouraged others to take the next opportunity to attend.

 

Commissioner Sinn welcomed Commissioner Druhot.

 

Commissioner Druhot and Commissioner Minsch had no comment.

 

Vice Chair Kranich welcomed Commissioner Druhot on board. He had discussion at the worksession with the consultant. Mr. Coleman had said it would fit his timeframe if the Commission has a worksession and action item at their January 6 meeting. If they need more time, they could schedule a worksession for this month. Vice Chair Kranich requested that 11 x 17 copies of the maps be included in their packets to review prior to the meeting. He wished Chair Minsch to get well, and wished the group a safe and happy holiday.

 

ADJOURN

Meetings adjourn promptly at 10 p.m. An extension is allowed by a vote of the Commission. 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 8:35 p.m. The next Regular Meeting is scheduled for January 6, 2010 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, CMC, DEPUTY CITY CLERK

 

Approved: