Session 09-03, a Regular Meeting of the Homer Advisory Planning Commission was called to order by Vice Chair Storm at 7:01 p.m. on February 4, 2009 at the City Hall Cowles Council Chambers located at 491 E. Pioneer Avenue, Homer, Alaska.

 

PRESENT:      COMMISSIONER BOS, HAINA, KRANICH, SINN, STORM

 

ABSENT:        COMMISSIONER MINSCH, MOORE

 

STAFF:                   CITY PLANNER ABBOUD

                   DEPUTY CITY CLERK JACOBSEN

                  

AGENDA APPROVAL

 

The agenda was approved by consensus of the Commission.

 

PUBLIC COMMENT

The Public may speak to the Planning Commission regarding matters not scheduled for public hearing. (3 minute time limit) Presentations approved by the Planning Director, the Chair or the Planning Commission. A Public Works representative may address the Planning Commission.

 

There were no public comments.

 

RECONSIDERATION

 

There were no items for reconsideration.

 

ADOPTION OF THE 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 January 21, 2008

2.       Time Extension Requests

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

4.       KPB Coastal Management Program Reports

 

It was noted that the adjournment time should be added to the January 21 minutes.

 

The Consent Agenda was adopted by consensus of the Commission.

 

PRESENTATIONS

Presentations approved by the Planning Director, the Chair, or the Planning Commission. A Public Works representative may address the Planning Commission.

 

There were no presentations.

 

REPORTS

 

A.       Borough Report

 

There was no Borough Report.

 

B.       Kachemak Bay Advisory Planning Commission Report

 

There was no KBAPC report.

 

C.       Planning Director’s Report

          1.       Staff Report PL 09-15, City Planner’s Report

 

City Planner Abboud reviewed the staff report.

 

PUBLIC HEARINGS

The Commission conducts Public Hearings by hearing a staff report, hearing public testimony and the 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.

 

A.       Staff Report PL 09-14, Appeal of Fines at 3670 Lake Street

 

City Planner Abboud reviewed the staff report.

 

There were no applicant comments.

 

The public hearing was opened.                                                                                 

 

There were no public comments.

 

The public hearing was closed.

 

KRANICH/BOS MOVED TO ADOPT STAFF REPORT PL09-14 UPHOLDING STAFF’S DECISION TO ENFORCE THE NEED FOR A ZONING PERMIT PRIOR TO CONSTRUCTION AND ASSESSING SUNLAND DEVELOPMENT COMPANY’S $4000 FINE FOR VIOLATING A STOP WORK ORDER.

 

Commissioner Sinn asked the City Planner if it was spelled out clearly in the certified letter what the violation was for, it was for not having a storm water plan submitted, it had nothing to do with the installation, and that was clear in the certified letter.

 

City Planner Abboud responded yes, he had to have a permit on site.

 

Commissioner Sinn said that was his only question and thanked the City Planner.

 

Commissioner Kranich commented that the second sentence in the second paragraph of the staff report, which is borne out in code says that a storm water plan is required for projects in commercial districts that have an impervious coverage of 60 percent or greater of the lot area and so since gravel parking lots and/or roads are considered impervious according to Homer Code, and that has been in place for twenty some odd years, would seem pretty clear, that especially with the time line that has been laid out by staff, the discussions that were held with the appellant and his communications with some of his contractors, i.e. Seabright Surveying/Engineering that it was pointed out numerous times that the storm water plan was required prior to getting the zoning permit and so Commissioner Kranich doesn’t know how it could have been made more clear to them that they needed to have that plan irregardless of whether they installed anything. The plan had to be approved before they get a permit to build.

 

VOTE: YES: BOS, STORM, HAINA, KRANICH, SINN

 

Motion carried.

 

PLAT CONSIDERATION

The Commission hears a staff report, testimony from applicants and the public, The Commission may ask questions of staff, applicants and the public, The Commission will accept testimony or a presentation on agenda items that involve an applicant.

 

A.       Staff Report PL 09-13, KPB-Cabana Subdivision Preliminary Plat

 

City Planner Abboud reviewed the staff report. Mr. Abboud suggested the Commission delete staff recommendation 2 as it is out of the Commissions pervue.

 

Don Mullikin, project surveyor, commented that there is a dilapidated shed near the new property line that could be removed. Mr. Mullikin clarified that he believes the 200 foot well on the property was done in 1993 and a replacement tank has been added to the septic system. He requested that only the first sentence of staff recommendation 1 be placed on the plat. He doesn’t feel the rest of the recommendation is appropriate as there have been recent court cases where it has been shown that the Corps of Engineers may not have jurisdiction on unconnected wetlands. He agrees it is wise to notify people that there may be wetlands, but nothing further.

 

KRANICH/BOS MOVED TO ADOPT STAFF REPORT PL09-13 APPROVING THE CABANA SUBDIVISION PRELIMINARY PLAT AND ELIMINATE THE SECOND SENTENCE OF STAFF RECOMMENDATION 1 AND DELETE IN ITS ENTIRETY STAFF RECOMMENDATION 2.

 

There was brief discussion.

 

VOTE: YES: STORM, HAINA, KRANICH, SINN, BOS

 

Motion carried.

 

PENDING BUSINESS

 

KRANICH/BOS MOVED TO SUSPEND THE RULES TO ALLOW FOR COMMENTS OF THE AUDIENCE.

 

Commissioner Kranich wanted to provide an opportunity for audience comments before they started discussion on the next agenda items.

 

VOTE: NON OBJECTION: UNANIMOUS CONSENT.

 

Motion carried.

 

Guy Rosi commented regarding CUP 07-09 for the storage buildings out East End Road near Collie Street. He said a nice drawing was submitted that included settling ponds and drainage areas for the project, but none of it was done. The water runs down onto the adjoining lot. He questioned what recourse neighboring property owners have when a development plan isn’t followed. The property owner’s fence line goes right up to the property line and he blows snow onto the neighboring properties and into the road. Nothing was ever done about the drainage, the water, and all the things that go with it. The property owner is a habitual abuser of going into setbacks and this body needs to look at what has happened on this project. He isn’t sure if this is the right way to go about this, but it is really aggravating.

 

City Planner Abboud commented that there may need to be some follow up on the CUP. Regarding the snow removal there may be some civil recourse the neighboring property owners can follow up on. The Commission encouraged Mr. Rosi to continue discussion with staff regarding the issues with the CUP.

 

A.       Staff Report PL 09-17, Comprehensive Plan Review: Chapter 4, Land Use Map and Text Changes

 

The Commission continued their worksession discussion regarding the land use map.

 

KRANICH/BOS MOVED TO ADOPT STAFF REPORT PL09-17 INCLUDING CHANGES A THROUGH C.

 

It was noted that they have had considerable discussion regarding chapter 4 and everyone seems comfortable with it.

 

 

VOTE: NON OBJECTION: UNANIMOUS CONSENT.

 

Motion carried.

 

KRANICH/SINN MOVED THAT STAFF ARRANGE A SCHEDULE FOR PUBLIC HEARING FOR CHAPTER 4 OF THE COMP PLAN.

 

There was no 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, applicants, and the public. Any items brought before the Commission for discussion are on the floor for discussion following introduction of the item. The Commission will accept testimony or a presentation on agenda items that involve an applicant (such as acceptance of a non conformity).

 

A.       Staff Report PL 09-08, Draft Parking Ordinance

 

City Planner Abboud reviewed the staff report.

 

There was brief discussion regarding the amendments and no additional changes were recommended.

 

KRANICH/BOS MOVED TO ADOPT STAFF REPORT PL09-08 AND HAVE STAFF PREPARE A SCHEDULE TO BRING THIS DRAFT ORDINANCE TO PUBLIC HEARING.

 

There was no discussion.

 

VOTE: NON OBJECTION: UNANIMOUS CONSENT.

 

Motion carried.

 

B.       Staff Report PL 09-17, Memorandum 09-13, Land Allocation Joint Worksession

 

City Planner Abboud reviewed the staff report and gave some input regarding available lease space. There was some discussion regarding Kevin Hogan who leases parcel 12C and has requested a replat for a sliver behind the fish grinder on lot 12B to accommodate materials he has stored there. Comment was made that allowing the replat would set precedence and it shouldn’t be done. There was brief discussion regarding land use on the available property on the spit.

 

The Commission had no formal recommendation.

 

It was suggested that Chair Minsch and Commissioner Moore attend the worksession on February 23rd. Commissioner Kranich said he would be willing to sit in on it.

 

INFORMATIONAL MATERIALS

 

A.       Memorandum dated January 30, 2009 to Max Best, KPB Planning Director from Rick Abboud, City Planner and Carey Meyer, Public Works Director regarding Ordinance 09-04 Amending KPB Chapter 20.20 to Require minimum lot width

 

B.       Resolution 09-15, A Resolution of the City of Homer, Alaska, Approving a Request for Proposals to Conduct a Homer Spit Comprehensive Plan and Associated Parking Study        

 

COMMENTS OF THE AUDIENCE

Members of the Audience may address the Commission on any subject.

 

Guy Rosi addressed the Commission before Pending business. There were no further audience comments.

 

COMMENTS OF THE COMMISSION

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

 

Commissioner Bos commented that it was a strange meeting as there were a lot of people in the audience but they didn’t say much. It was kind of a fun meeting, but he noted that he is a little tired of looking at things repeatedly. He is still having fun though.

 

Commissioner Kranich commented that he is glad to have chapter 4 behind them and thinks it is important that they went through it several times. It was a good meeting.

 

Commissioner Sinn had no comment.

 

Commissioner Haina agreed with Commissioner Bos. There is a fine line between too little and too much. It is important to learn the history though so that is good.

 

Vice Chair Storm thanked staff for their patience and the Commission for a good meeting.

 

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 9:25 p.m. The next Regular Meeting is scheduled for February 18, 2009 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: