Session 09-01, a Regular
Meeting of the Homer Advisory Planning Commission was called to order by Chair
Minsch at
PRESENT: COMMISSIONER HAINA, KRANICH, MINSCH,
ABSENT: COMMISSIONER BOS
STAFF:
PLANNING TECHNICIAN ENGEBRETSEN
DEPUTY
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 w
1. Approval
of Minutes of
2. Time
Extension Requests
3. Approval
of City of
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.
There was no KBAPC report.
C. Planning Director’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 w
Commissioner Moore
stated he may have a conflict of interest.
KRANICH/SINN MOVED THAT
COMMISSIONER MOORE
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
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,
Motion carried.
Planning Technician
Engebretsen clarified that the right-of-way
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
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 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
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
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
Commissioner Storm
commented this lays out the requirement to bring water and sewer to the
property and not create an
VOTE: YES: MINSCH,
HAINA, KRANICH, SINN, STORM,
Motion carried.
KRANICH/HAINA MOVED TO
DELETE STAFF RECOMMENDATIONS
This is to clarify the
intent that the first two recommendations would be removed.
VOTE: YES: HAINA, SINN,
STORM, MINSCH,
Motion carried.
Commissioner Moore
stated he agrees with the subdivision but w
VOTE: YES: MINSCH, SINN,
KRANICH, STORM, HAINA
NO:
Motion carried.
PENDING BUSINESS
STORM/SINN MOVED TO DISCUSS
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
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 w
A.
Staff Report PL 09-02 Steep Slope - Draft Ordinance
KRANICH/MOORE MOVED TO
DISCUSS
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
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
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
There being no further
business to come before the Commission, the meeting adjourned at
MELISSA JACOBSEN,
Approved: