Session
10-03, a Regular Meeting of the Homer Advisory Planning Commission was called to
order by Chair Minsch at 7:07 p.m. on February 17, 2010 at the City Hall Cowles
Council Chambers located at 491 E. Pioneer Avenue, Homer, Alaska.
PRESENT: COMMISSIONER BOS, DRUHOT, HIGHLAND,
KRANICH, MINSCH, SINN
STAFF: CITY PLANNER ABBOUD
PLANNING TECHNICIAN
ENGEBRETSEN
DEPUTY CITY CLERK JACOBSEN
APPROVAL OF
AGENDA
The
agenda was amended to remove Item C under new business due to advertising
requirements not being met.
A
short recess was taken while Commissioner Highland signed the oath of office.
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
are no items scheduled 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.
A. Approval of Minutes of February 3,
2010
B. Draft Decision and Findings for an
amendment of CUP 86-02 to expand CUP 86-02 from two (2) hotel-motel units to three (3) hotel-motel units under
Homer City Code 21.28.030(h) Marine Commercial (MC) at 3815 Homer Spit Road.
C. Draft Decision and Findings for an
Application for a Conditional Use Permit per HCC 21.14.030(l) for ‘more
than one building containing a permitted principle use on a lot’ at Lot
22-A2 Bunnell’s Subdivision No. 22, 4048 Bartlett Street
The
consent agenda was approved by consensus of the Commission.
PRESENTATIONS
There
were no presentations scheduled
REPORTS
A. Staff Report PL 10-19, City Planner’s
Report
City
Planner Abboud reviewed the staff report.
PUBLIC HEARINGS
Testimony limited to 3 minutes per
speaker. 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. 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 10-07, Vacation of a
portion of Hough Road
City
Planner Abboud reviewed the staff report.
Roger
Imhoff, project surveyor and applicant’s representative, said he was available
to answer questions.
Commissioner
Kranich asked for clarification that the subdivision will address dedication of
a new right-of-way. Mr. Imhoff said that was correct.
Chair
Minsch opened the public hearing. There were no public comments and the hearing
was closed.
KRANICH/BOS
MOVED TO ADOPT STAFF REPORT PL 10-07 WITH FINDINGS.
There
was brief discussion reiterating that the next action will address the
right-of-way.
VOTE:
NON OBJECTION: UNANIMOUS CONSENT
Motion
carried.
PLAT
CONSIDERATION
A.
Staff
Report PL 10-18, Christensen Tracts 2009 Addition Preliminary Plat
City Planner Abboud reviewed the staff report.
Roger
Imhoff, project surveyor and applicant’s representative, said he was available
to answer questions.
There was discussion that during the Stream Hill
Park project the subject lots were addressed by the wetlands designation study.
The City uses the wetland study to identify parcels that may need to meet
wetland permitting requirement. It was noted that the upper cul-de-sac will not
be vacated as it provides legal access to the upper lot. Mr. Imhoff said he
would clarify the reference to lots B1B and B1C that carried over from a former
plat, as those lots have been reconfigured and renamed.
There were no public comments.
KRANICH/BOS
MOVED TO ADOPT STAFF REPORT PL 10-06 WITH STAFF RECOMMENDATIONS.
It
was noted that the agenda references staff report PL 10-18, but it is staff
report in the packet is titled PL 10-06.
There
was brief discussion that the legal access provided by the cul-de-sac to the
upper lot could present a challenge. It is questionable if it can be developed
to acceptable standard for a city maintained road because of the topography.
VOTE:
NON OBJECTION: UNANIMOUS CONSENT
Motion
carried.
PENDING BUSINESS
A.
Staff
Report PL 10-15, Draft Steep Slope Ordinance
Planning
Technician Engebretsen reviewed the staff report.
The
following points were addressed:
·
The
adequacy of 15 feet from the toe of the bluff. Planning Technician Engebretsen
will research and see if there is a maximum footage.
·
Currently
there is no code regarding building on steep slopes, and this is a good first
step.
·
The
ordinance addresses building requirements on a coastal bluff, and on a land
bluff. Coastal erosion needs to be dealt with separately.
·
The
City Attorney will review format and content prior to the public hearing.
·
In
the event that the Public Works Director can not review a plan timely, he can
contract with another engineer. If there is going to cost to the tax payers for
this process it needs to be delineated somewhere. If there is going to be a
third party reviewing the plan, the burden of the cost should not be to the
developer who has already paid for their required engineering services.
·
Based
on prior conversations, Conditional Uses can be approved by the Commission to
allow a property owner with appropriate engineering documentation the
opportunity to build within the setback.
·
There
are stricter rules we could get to, but this is a good place to start.
·
There
needs to be more specifics about the requirement for the geotechnical report
from an engineer.
·
Planning
Technician Engebretsen will research setting a performance standard for seismic
activity.
KRANICH/BOS
MOVED TO SEND THE STEEP SLOPE ORDINANCE BACK TO STAFF TO INCORPORATE CHANGES
DISCUSSED TONIGHT AND FOR LEGAL REVIEW BEFORE RETURNING IT TO THE COMMISSION
AND THE PUBLIC HEARING.
There
was no discussion.
VOTE:
NON OBJECTION: UNANIMOUS CONSENT
Motion
carried.
B. Staff Report PL 10-05, Draft Ordinance
10-XX, Amending HCC 21.75, Storm Water Plans
Planning
Technician Engebretsen recapped that at the worksession there was consensus with
150% finance security, using escrow funds, and defined rainfall events. The
last outstanding issue is talking about bonding exemption.
The
Commission discussed different scenarios of bonding for small projects that
presumably have a smaller dollar cost. It can be done based on the size of the
project or a minimum engineer’s cost estimate. The Commission came to an
agreement that $7500 for a bonding limit is a place to start. If there are any
significant changes after the legal review the Commission would like to see it
again.
KRANICH/BOS
MOVED TO SEND STAFF REPORT 10-05 AND THE ACCOMPANYING ORDINANCE TO STAFF FOR
REVISION, LEGAL REVIEW, AND THEN SCHEDULE FOR PUBLIC HEARING.
There
was no further discussion.
VOTE:
NON OBJECTION: UNANIMOUS CONSENT.
Motion
carried.
C. Staff Report PL 10-12, BOA Decision on
Refuge Room
Chair
Minsch noted that this is the same staff report as last meeting and will not be
addressed tonight.
NEW BUSINESS
A. Staff Report PL 10-16, Land Allocation
Plan
The
Commission had brief discussion about the Land Allocation Plan. No recommendations were brought forward.
B. Staff Report PL 10-17, Draft Ordinance
10-XX, Allowing Schools in GC1
City
Planner Abboud reviewed the staff report.
The
Commission expressed the following concerns about allowing schools in an
industrial area:
·
Health
and safety issues for students and conflicts of the industrial uses.
·
There
is limited GC1 space in the City of Homer, and we have an obligation to protect
what little we have.
·
Trade
school enrollment is for older students. Theoretically, you shouldn’t have a 16
to 25 year old running out in front of a loader that is moving something on an
industrial site.
·
If
a school goes in, what happens if someone wants to go into the vacant building
next door and put in an automotive collision repair shop? All of a sudden, that
property is deemed unusable because right next door is a passel of little kids.
·
There
would have to be buffers and it limits the use and capability of the
surrounding properties.
·
There
is no way to with the best of intentions to ensure the safety or the use of
surrounding property.
·
All
of the children will be dropped off, increasing the traffic in a business
district where there is traffic as is. Will our roads accommodate the added
traffic going in and coming out?
·
You
can not put a school in the middle of a commercial district and expect it to
remain safe.
·
If
you have a school you hope it grows. If it does, where do you grow it?
·
As
a result of the condos trying to go in on Ocean Drive there are pages of
testimony about the traffic issues in that area. By the dump there will have to
be flashing lights and stop lights.
·
It
is GC1 for a reason and the existing businesses do not promote school age
children of any kind. There are no bus turnarounds and no sidewalks, it is just
as inappropriate as it could possibly be.
KRANICH/BOS
MOVED TO MOVE THE DRAFT ORDINANCE PERTAINING TO SCHOOLS IN GC1 UNDER STAFF
REPORT 10-16 FOR PUBLIC HEARING.
There
was no discussion.
VOTE:
NON OBJECTION: UNANIMOUS CONSENT
Motion
carried.
C. Staff Report PL 10-20, Appointment to the
Transportation Advisory Committee (TAC)
This
item was removed under agenda approval.
INFORMATIONAL
MATERIALS
A.
Memorandum
dated February 10, 2010, to Rick Abboud City Planner, from Tom Klinkner, City
Attorney Re Refuge Room – Proceedings on
Remand from Board of Adjustment
B.
Frank
Griswold vs. Cit of Homer and Don Blackwell, Notice of Appeal
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 STAFF
There
were no staff comments.
COMMENTS OF THE
COMMISSION
Commissioner
Sinn welcomed Commissioner Highland. He commended the group on their good work.
He is pleased to see some things moving forward, and that they are drawing
lines in the sand.
Commissioner
Bos commented to Commissioner Highland that he was told in the beginning that
sometimes you have to a little patient, and said it is good to have her here.
Commissioner
Druhot welcomed Commissioner Highland.
Commissioner
Kranich welcomed Commissioner Highland and said she will probably find it is a
different venue being at the table than sitting out in the audience. He
recommended she get a copy of the Planning Commissioners hand book to review.
It has good information on the Open Meetings Act and ex parte communication.
It’s important to remember that the public’s business has to be done in public,
and if you keep that in mind you won’t go wrong.
Commissioner
Highland thanked everyone. She thanked them for all their work because she knew
this was going to be the more serious endeavor she has leapt into for a while.
Planning Technician Harness-Foster went over some information with her which is
fresh in her mind so it is just the learning curve. She said hopefully she won’t
get in too much trouble, because she could.
Chair
Minsch told Commissioner Highland that the Commissioners and staff will help
her in any way they can. They want her to look good because it makes them all
look good. She said the Commissioners are continuing to do great work and they
are wonderful. She suggested staff see if former Commissioners Haina and Walker
would return their books for the new Commissioners to use.
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 9:42 p.m. The next Regular Meeting is scheduled for March 3, 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: