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
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
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,
Approved: