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

 

PRESENT:      COMMISSIONER HAINA, KRANICH, MINSCH, MOORE, SINN, STORM (excused at 8:20 p.m.)

 

ABSENT:        COMMISSIONER BOS

 

STAFF:                   CITY PLANNER ABBOUD

                   PLANNING TECHNICIAN ENGEBRETSEN

                   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.

 

Roger Imhoff questioned if the amendment in the nonconformity section of code included setback waivers. It does not. There was discussion that it would be good if the City could adopt a policy similar to the Borough where generally a variance to a setback is granted subject to the condition that if the current structure is destroyed the new structure is built within the limits.

 

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 December 3, 2008

2.       Time Extension Requests

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

4.       KPB Coastal Management Program Reports

 

Commissioner Kranich noted one amendment to the roll call portion of the 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 scheduled.

 

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 09-07, 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.

 

There were no Public Hearings scheduled.

 

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 09-05, Eker Estates Kyle Addition Preliminary Plat

 

Commissioner Moore stated he may have a conflict of interest.

 

KRANICH/SINN MOVED THAT COMMISSIONER MOORE HAS A CONFLICT OF INTEREST.

 

Commissioner Moore stated that he has worked with the family. He doesn’t know the applicant personally but he has been on the property before working with Ray Clapp.

 

VOTE: NO: MINSCH, STORM, HAINA, KRANICH, SINN

 

Motion failed.

 

Planning Technician Engebretsen reviewed the staff report.

 

There were no applicant or public comments

 

STORM/KRANICH MOVED TO APPROVE STAFF REPORT PL 09-05 WITH STAFF RECOMMENDATIONS TO PROVIDE ACCESS TO A 15 FOOT UTILITY EASEMENT.

          Staff Comments/Recommendations:

Planning Commission recommend approval of the preliminary plat with the following comments:

1.         Provide a 15 foot utility easement.

 

There was discussion regarding 15 foot utility easement. It was noted that the City can make the recommendation for the easement and if the Borough supports it there are a number of ways the applicant and surveyor could meet the requirement.

 

VOTE: YES: STORM, MOORE, MINSCH, HAINA, KRANICH, SINN 

 

Motion carried.

 

B.       Staff Report PL 09-06. Lee Cole 2008 Preliminary Plat

 

Planning Technician Engebretsen clarified that the right-of-way Miller Landing Road already exists. She reviewed the staff report.

 

Public Works Director Meyer commented that the property owners are willing to participate in the LID and grant the additional easement to accommodate the utilities. He also addressed the status of the LID for this area of Kachemak Drive and the ability for Lot 2A to access the lines along East End Road. Public Works Director Meyer said he hopes the Commission will support widening the 15 foot easement to 30 feet.

 

Roger Imhoff, project surveyor, explained that lot three is a remnant piece that was created when the right of way was dedicated. He noted the heavy dashed lines on the plat delineate the flood zones from the new FEMA maps. The lot three is not being created with this plat, it was already there.

 

STORM/KRANICH MOVED TO ADOPT STAFF REPORT PL 09-06 WITH STAFF RECOMMENDATION THREE TO REQUIRE THE APPLICANT TO JOIN THE LID OR HAVE IN PLACE A SUBDIVISION AGREEMENT PRIOR TO FINAL PLAT, AND RECOMMENDATION FOUR REQUIRING A 30 FOOT EASEMENT ON KACHEMAK DRIVE.

Staff Comments/Recommendations:

Staff sent Public Work’s comments to the surveyor. As of the writing of this report, the land owner and potential buyer of lot one have not responded to public works. The problem is the larger parent tract is not part of the LID; it will not be served by water and sewer. However, it is a fair assumption to say that proposed lot one could physically be serve, IF it was part of the LID. But it is not part of the LID now, nor have any landowners or interested parties approached the city to be included. Therefore, planning staff makes the following recommendations to the Commission.

1.            Recommend approval of the preliminary plat with the condition that lot one be increased in size to meet the dimensional requirement of 21.12.040,

or

2.            Recommend denial of the preliminary plat because lot one does not meet the dimensional requirements and city water and sewer services are not planned to be extended to this property.

3. Require the applicant join the LID or have in place a subdivision agreement prior to final plat

4. Require a 30 foot easement on Kachemak Drive.

 

The Commission raised question about what would happen if the LID did not come to fruition. Questions were addressed to Mr. Imhoff who explained that if it fails the owner can reconfigure the lot to 40,000 square feet or bring the water main in at their own expense.

 

There was further discussion and question was raised regarding the additional easement needed. Public Works Director Meyer explained that the additional easement is needed to accommodate the installation of water and sewer lines along Kachemak Drive. DOT won’t allow the utilities to be run under the road and in this case the water and sewer lines will run along the same side of the road. It was noted that code doesn’t require the 30 foot easement, and Public Works Director Meyer reiterated that the property owners have agreed to it.

 

STORM/MINSCH MOVED TO AMEND STAFF RECOMMENDATION THREE TO READ THE APPLICANT IS REQUIRED TO JOIN THE LID OR ENTER INTO A SUBDIVISION AGREEMENT OR BRING IN SEWER AND WATER TO LOT 1 PRIOR TO PLAT RECORDING.

 

 

Commissioner Storm commented this lays out the requirement to bring water and sewer to the property and not create an illegal lot. It was clarified that that if they can’t bring water into the property then it has to be re-platted.

 

VOTE: YES: MINSCH, HAINA, KRANICH, SINN, STORM, MOORE

 

Motion carried.

 

KRANICH/HAINA MOVED TO DELETE STAFF RECOMMENDATIONS ONE AND TWO AND ONLY HAVE RECOMMENDATIONS THREE AND FOUR.

 

This is to clarify the intent that the first two recommendations would be removed.

 

VOTE: YES: HAINA, SINN, STORM, MINSCH, MOORE, KRANICH

 

Motion carried.

 

Commissioner Moore stated he agrees with the subdivision but will be voting no because he feels the request for the 30 foot easement is excessive and code does not support it.

 

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

          NO: MOORE

 

Motion carried.

 

PENDING BUSINESS

 

A.       Staff Report PL 08-120, Appointment of Planning Commissioner to the Transportation Advisory Committee

 

STORM/SINN MOVED TO DISCUSS AND SELECT A PLANNING COMMISSIONER FOR THE TRANSPORTATION ADVISORY COMMITTEE.

 

There was brief discussion. Commissioner Haina agreed to the appointment.

 

STORM MOVED TO APPOINT COMMISSIONER HAINA TO THE        TRANSPORTATION ADVISORY COMMITTEE.

 

There was no discussion.

 

VOTE: NON OBJECTION: UNANIMOUS CONSENT

 

Motion carried.

 

Chair Minsch called for a recess 8:20 p.m. The meeting resumed at 8:30 p.m. Commissioner Storm was excused during the break.

 

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 09-02 Steep Slope - Draft Ordinance

 

KRANICH/MOORE MOVED TO DISCUSS AND MAKE RECOMMENDATIONS ON THE STEEP SLOPE DRAFT ORDINANCE.

 

There was no objection and discussion ensued.

 

City Planner Abboud reviewed the staff report.

 

Discussion points included:

 

·         Definition or a Bluff, option C changing 10 feet to 25 feet.

An abrupt vertical change in topography of more than 10 25 feet with an average slope steeper than two feet of rise for one foot of horizontal travel.

·         The information regarding ravines doesn’t address how deep or tall a ravine is. There should be reference to say what depth is considered a ravine.

·         The purpose of the setback from the top of the bluff is for safety reasons. There are bluffs of varying heights within the City and a property owner can request a variance if they want to do something within the setback.

·         Item 2A in the staff report regarding fill placement is more in line with grading and filling than the steep slope ordinance.

·         People should be able to have an opportunity to build out on their lot.

 

B.       Staff Report 09-03, Nonconformity Draft Ordinance

 

City Planner Abboud reviewed the staff report.

 

Point was raised that the zoning of annexed areas did not happen until after the date of the annexation so the date needs to be open as to when the area was actually zoned.

 

KRANICH/MOORE MOVED TO DISCUSS AND MAKE RECOMMENDATION.  

 

There was no objection and discussion ensued.

 

It was noted that the entire nonconforming section should be available at public hearing time.

 

Line 35 should clarify that the Commission should receive the information prior to the public hearing for their review.

 

Rather than the ordinance referring to the reviewing authority it should to specify who the reviewing authority is.

 

KRANICH/SINN MOVED TO MOVE THIS TO PUBLIC HEARING.

 

There was no discussion.

 

VOTE: NON OBJECTION: UNANIMOUS CONSENT

 

Motion carried.

 

C.       Staff Report 09-04, Comprehensive Plan Review, Chapter 4: Land Use

 

City Planner Abboud reviewed the staff report.

 

The Commission discussed how to work with the proposed zoning areas. The Commission agreed to discuss the proposed zoning maps at the next worksession.

 

INFORMATIONAL MATERIALS

 

A.       Letter dated December 10, 2008 t Mike Arno from Dotti Harness, Planning Technician regarding Erosion and Sediment Control Plan

B.       A Resolution of the City Council of Homer, Alaska, Establishing the 2009 Regular Meeting Schedule for the City Council, Economic Development Advisory Commission, Library Advisory Board, Parks and Recreation Advisory Commission, Advisory Planning Commission, Port and Harbor Advisory Commission, Lease Committee, Permanent Fund Committee, Public Arts Committee and Transportation Advisory Committee of the City of Homer

 

COMMENTS OF THE AUDIENCE

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

 

There were no audience comments.

 

COMMENTS OF THE COMMISSION

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

 

Commissioner Moore commented the City should match the 20 foot setback required by the Borough or something where there is some wiggle room on the plat. It looks a deal we set up where it is easier to ask for forgiveness than permission. Regarding the bluff, he has a hard time telling people they can’t build close to certain places around town where it should be easy for them. He feels it is safe. Mr. Moore welcomed Commissioner Haina aboard.

 

Commissioner Kranich welcomed Commissioner Haina.  As a life long resident he likes to see new people and younger people in the community get involved.

 

Commissioner Sinn thanked staff for their work. He recognizes that it is frustrating, but they are trying to the right thing and he appreciates what staff does every day.

 

Commissioner Haina thanked everyone. He said he is still learning and drinking more in that he is putting out right now. Chapter four is a big challenge and he appreciates all the help from staff. It has been good.

 

Chair Minsch commended the group and said she is excited to see what chapter four looks like when she returns.

 

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   10:00 p.m. The next Regular Meeting is scheduled for January 21, 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: