Session 09-05, a Regular Meeting of the Homer Advisory Planning Commission was called to order by Chair Minsch at 7:07 p.m. on March 4, 2009 at the City Hall Cowles Council Chambers located at 491 E. Pioneer Avenue, Homer, Alaska.

 

PRESENT:      COMMISSIONER BOS, HAINA, KRANICH, MINSCH, MOORE, SINN

 

ABSENT:        COMMISSIONER STORM

 

 

STAFF:                   CITY PLANNER ABBOUD

                   PLANNING TECHNICIAN ENGEBRETSEN

                   DEPUTY CITY CLERK JACOBSEN

                  

AGENDA APPROVAL

 

 Agenda 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 February 18, 2009

2.       Time Extension Requests

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

4.       KPB Coastal Management Program Reports

 

The Consent Agenda was approved 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 09-29, 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 09-22, Public Sign Request - Exterior Library Sign

 

Kyra Wagner, LAB member and Chair of the Library Sign Committee, clarified that the sign is planned to be placed at the corner of Hazel Avenue and Heath Street. She said if power is needed to light the sign there has been discussion that power could come from the street light and would come on when the street light comes on. Mrs. Wagner commented that phase two of this design includes flower beds and the Friends of the Homer Library are considering funding that portion of it.

 

Bette Seamen, LAB member, encouraged the Commission to approve the sign.

 

Chair Minsch opened the public hearing. There were no public comments and Chair Minsch closed the public hearing.

 

KRANICH/MOORE MOVED TO BRING STAFF REPORT 09-22 PUBLIC SIGN REQUEST FOR AN EXTERIOR SIGN AT THE HOMER PUBLIC LIBRARY TO THE FLOOR FOR DISCUSSION AND APPROVAL.

 

There was discussion regarding the lighting of the sign. Comment was made that it would be better for the light to be shining down rather than shining out in an effort to capture the stray lighting. Point was raised that lighting placed down in the foliage would be more pleasing than a light over the top of the sign. There was assurance that the most appropriate lighting would be used.

 

VOTE: NON OBJECTION: UNANIMOUS CONSENT

 

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 09-21, Forest Glen Sub. Kalie’s Addition Preliminary Plat

 

Planning Technician Engebretsen reviewed the staff report and the laydown presented by Roger Imhoff requesting a exception to the setback on lot 7A3.

 

Roger Imhoff, project surveyor and applicant’s representative, clarified that code says the lot has to be 60 feet wide at the setback.  They are trying to situate it so the houses will have better viewscapes. By moving the lower house on 7A3 toward the street about 22 feet, it will give the house on 7A2 better sight on the lot. It helps the overall site configuration quite a bit.

 

There was brief discussion about the setbacks.

 

Question was raised regarding utility easements that were included on a plat that was before the Commission previously and Planning Technician Engebretsen clarified that utility easements aren’t required on the interior lot lines.

 

Mr. Imhoff added that it is in the City’s pervue to regulate setbacks and it is something that the Borough has always respected. He thinks it is a good thing in this case because it benefits the neighborhood.

 

KRANICH/BOS MOVED TO ADOPT THE ADOPT STAFF REPORT PL 09-21 FOREST GLEN SUBDIVISION KALIE’S ADDITION PRELIMINARY PLAT WITH STAFF RECOMMENDATIONS AND APPROVE THE APPLICANT’S REQUEST FOR EXCEPTION TO THE SIXTY FOOT WIDTH AT THE SETBACK.

 

Comment was made that when the preliminary plat and minutes go to the Borough the Plat Committee will see that the Commission looked at the request for the exception to the setback.

 

VOTE: NON OBJECTION: UNANIMOUS CONSENT

 

Motion carried.

 

PENDING BUSINESS

 

A.       Memorandum dated February 19, 2009 to the HAPC from Deputy City Clerk Jacobsen Re: February 4, 2009 Regular Meeting Minutes

 

KRANICH/BOS MOVED TO APPROVE THE MINUTES OF FEBRUARY 4, 2009.

 

There was brief discussion.

 

KRANICH/BOS MOVED TO AMEND THE MINUTES TO INCLUDE THE DISCUSSION AS OUTLINED IN THE MEMORANDUM FROM THE CLERK.

 

VOTE: (primary amendment): NON OBJECTION: UNANIMOUS CONSENT

 

Motion carried.

 

There was no further discussion.

 

VOTE: (main motion as amended): 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- 25, Steep Slope Development Ordinance

 

City Planner Abboud and Planning Technician Engebretsen reviewed the staff report.

 

Commissioner Moore commented if someone wants build up to the bluff and can keep the land from falling into the bay they should be able to. This ordinance should allow for a waiver to let people build where they want to on a coastal bluff if it can be done properly. Planning Technician Engebretsen responded that if there is a lot that doesn’t have enough buildable area the property owner could apply for variance.

 

KRANICH/BOS MOVED TO SUSPEND THE RULES TO ALLOW PUBLIC COMMENT.

 

There was no discussion.

 

VOTE: NON OBJECTION: UNANIMOUS CONSENT

 

Motion carried.

 

Roger Imhoff commented that he appreciates the Commission working on this ordinance as it has been long needed in Homer. He commented that there are some descriptions and wording that seem a little subjective. He referenced line 96 that a ravine is a long, deep, hollow in the earth’s surface, it seems that the words long and deep are open to interpretation, why not call it a hollow in the earth’s surface. He noted there are a few other spots with similar wording that could be changed. Mr. Imhoff questioned what went into the 50% cut off where it if it less than 50% it is not a steep slope, but 50% or more is; and what area’s of Homer that topographic break mostly affects. Mr. Imhoff also raised question about how this will tie in with the design criteria of the streets, utility placement, and so on in subdivision development. He recalled an ordinance the Transportation Advisory Committee proposed to allow narrow, steep streets in steep areas of Homer, it seemed at the time like an excuse to develop some of our bluff areas around town and he was opposed to it. His main concern is that visually and scenically the bluffs above town are part of the real nice scenic landscape of Homer and he would hate to see roads and houses put all the way up there. On the other hand Mr. Imhoff noted that they have to be careful that this is a police power situation where the City is doing a taking through land use regulations. There is the right to do that but on the other hand people need to be compensated if they are not going to be able to develop the property in an economically feasible manner.

 

KRANICH/BOS MOVED TO ADOPT STAFF REPORT PL09-25 STEEP SLOPE DEVELOPMENT ORDINANCE WITH STAFF RECOMMENDATIONS.

 

MOORE/KRANICH MOVED TO STRIKE LINE 111.

 

Commissioner Moore commented that he wants to strike this because there is no allowance in the draft ordinance for a person to build on the bluff. Some slopes can be developed safely if it is done properly. He thinks this applies to all the bluffs in the City, not only the coastal bluffs.

Staff responded that eliminating line 111 would mean there would be no regulation at all. It was suggested that a solution would be to add on line 152 that if you have a slope of 50% or greater or you were within 40 feet of a steep slope the requirements listed in that section would apply.

 

There was discussion that it could be possible for someone to invest the money in the development, but there are still concerns regarding health and safety.

 

VOTE: (Primary amendment): YES: MOORE

          NO: BOS, MINSCH, HAINA, KRANICH, SINN

 

Motion failed.

 

MOORE/KRANICH MOVED TO POSTPONE THIS AND HAVE FURTHER DISCUSSION AT A WORKSESSION.

 

The Commission commented to staff on other areas of the ordinance they would like more information on.

 

VOTE: NON OBJECTION: UNANIMOUS CONSENT

 

Motion carried.

 

B.       Staff Report PL 09-26, Comprehensive Plan Review: Chapter 8

 

City Planner Abboud reviewed the staff report.

 

KRANICH MOVED TO BRING STAFF REPORT PL 09-26, COMPREHENSIVE PLAN CHAPTER 8 TO THE TO FLOOR FOR DISCUSSION.

 

There was consensus and discussion ensued.

 

The Commission discussed in a worksession format the recommended amendments to Chapter 8 and provided recommendations to staff.

 

KRANICH/BOS MOVED THAT WE SEND CHAPTER 8 BACK FOR STAFF TO CORRECT AND SCHEDULE FOR PUBLIC HEARING.

 

There was no discussion.

 

VOTE: NON OBJECTION: UNANIMOUS CONSENT

 

Motion carried.

 

C.       Staff Report PL 09-27, Comprehensive Plan Review: Chapter 4

 

Chair Minsch called for a recess at 8:29 p.m. The meeting resumed at 8:36 p.m.  Commissioner Haina was excused from the meeting.

 

MINSCH/KRANICH MOVED TO AMEND CHAPTER FOUR OF THE COMPREHENSIVE PLAN THAT WAS APPROVED AT THE FEBRUARY 4, 2009 MEETING.

 

There was consensus and discussion ensued.

 

The Commission discussed in a worksession format Chair Minsch’s comments that were provided in the packet and provided recommended amendments to Chapter 4 to staff.

 

SINN/BOS MOVED TO FORWARD CHAPTER FOUR AFTER STAFF REVISIONS, FOR PUBLIC REVIEW.

 

There was no discussion.

 

VOTE: NON OBJECTION: UNANIMOUS CONSENT.

 

Motion carried.

 

There was brief discussion on the scheduling of the hearings.

 

INFORMATIONAL MATERIALS

 

A.       Letter dated February 20, 2009 to Glacier View Trust from Dotti Harness, Planning Technician regarding Violation at 5325 Collie Street

 

Commissioner Moore noted that Mr. Rosi sounded pretty upset about this when he commented at the meeting. City Planner Abboud commented that it was brought to light that there were some deficits in meeting the code requirements. He confirmed that he is in violation of the CUP. Mr. Fraiman hasn’t confirmed with documentation what has been done. Commissioner Moore commented that we just levied a fine against a developer but they are giving this guy leeway. Mr. Abboud said they will follow through with this.

 

B.       Letter dated February 23, 2009 to Mike Kennedy from Dotti Harness, Planning Technician regarding Lot 83, Oscar Munson Subdivision

 

There was discussion that Mr. Kennedy is operating a functional junkyard in residential area and it is not allowed there. A CUP is needed if he wants to operate a junkyard at the property out east.

         

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 that someone brought an issue to light and staff addressed it. It shows Mr. Rosi that if there is something wrong, staff will take care of it. He is glad to see that.  He thanked them for bringing Chapter 4 back.

 

Commissioner Kranich thought they got a lot done tonight. He thanked the Attorney Suozzo for the training with them tonight. Mr. Kranich said he got a phone call from Mr. Rosi who said he understands Mr. Fraiman got a letter and asked if Mr. Kranich had anything to do with it. He responded that he had not, he had no comments with the planning office and whatever transpired after the meeting he had zero involvement. He was glad to understand that something was started.

 

Commissioner Bos reiterated Commissioner Moore’s thanks for bird dogging some of the folks that we need to keep an eye on. It was a good meeting tonight.

 

Commissioner Sinn said he is glad to be through chapter 4. He said he would think that if these violations are happening, if we had enforcement it would come to light quicker.

 

Chair Minsch thanked Attorney Suozzo, the information was most helpful. She said good job and thanked them for going over chapter 4.

 

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 9:35 p.m. The next Regular Meeting is scheduled for March 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: