HOMER ADVISORY PLANNING COMMISSION

REGULAR MEETING

MAY 5, 2010

Session 10-08, a Regular Meeting of the Homer Advisory Planning Commission was called to order by Chair Minsch at 7:05 p.m. on May 5, 2010 at the City Hall Cowles Council Chambers located at 491 E. Pioneer Avenue, Homer, Alaska.

PRESENT: COMMISSIONER SINN, DRUHOT, HIGHLAND, KRANICH, MINSCH

ABSENT: COMMISSIONER BOS

STAFF: CITY PLANNER ABBOUD

PLANNING TECHNICIAN ENGEBRETSEN

DEPUTY CITY CLERK KRAUSE

APPROVAL OF AGENDA

The agenda was approved by consensus of the Commission.

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

No items were 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 the April 21, 2010 regular meeting minutes.

Commissioner Kranich submitted a few grammar and spelling corrections to the clerk.

The April 21, 2010 Regular Meeting Minutes were approved by consensus of the Commission.

PRESENTATIONS

There were no presentations scheduled.

REPORTS

City Planner Abboud apologized that the written staff report was omitted from the packet. He reported on the following items:

- City Council approved the 2008 Comprehensive Plan. It will be hand delivered to the Borough on Thursday, May 6, 2010 with all amendments. The process is to introduce the Comprehensive Plan to the Assembly while simultaneously it goes to the Borough Planning Commission for review. Estimated approval is summer of this year. Staff will attend the Assembly meeting on May 18, 2010. It is not required for Commissioners to attend.

- Planning Technician Engebretsen will be attending this meeting.

- City Council Board of Adjustment will conduct an appeal hearing at 5:30 p.m. on May 13, 2010. No commission presence is required.

- The sign workshop was well attended by vendors and business owners. They are expecting some improvements to the local business signage, code wise and style too.

- Attended a meeting on Community Health – the health of a community through design and planning

Comments and questions were made regarding the appropriateness of the City addressing style issues with signage.

There was no further discussion.

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 10-39, Vacation of 33’ Access Easement West of Kachemak Drive

Planning Technician Engebretsen reviewed the staff report. The applicant’s representative, Roger Imhoff was present for questions.

City Planner Abboud addressed Commissioner Highland’s question if removal of the easement extended to adjacent properties. He explained that it would only remove this portion of the easement leaving the other easements in place.

Chair Minsch opened the Public Hearing.

There was no public testimony.

The Public Hearing was closed.

KRANICH/SINN - MOVED TO ADOPT STAFF REPORT PL 10-39, VACATION OF 33 FOOT ACCESS EASEMENT WEST OF KACHEMAK DRIVE.

Commissioner Kranich commented that this vacation of an easement was an equitable trade between the property owner and the city since the property owner was giving a 30’ right of way dedication and 35’ utility easement to the city.

VOTE. YES. NON-OBJECTION. UNANIMOUS CONSENT.

Motion carried.

PLAT CONSIDERATION

A. Staff Report PL 10-38, John Warren Replat Preliminary Plat

Planning Technician Engebretsen reviewed staff report.

Discussion on the following ensued:

- Setback requirements on the property.

- Existing building encroaches in utility easement.

- Cannot prevent property owner from subdividing property.

- Staff providing information to the property owner of potential problems regarding setback requirements.

- Drawing is represented of exact location of building on property.

- Recommend adding Plat note 7 that improvements must meet city zoning codes.

- Recommend adding note on the plat recognizing that the city or borough does not accept any existing building encroachments.

Brief discussion on the common place occurrence of vacating easements along the Kachemak Drive corridor. It was noted that the subdivision existed prior to construction of the road.

HIGHLAND/KRANICH - MOVED TO ADOPT STAFF REPORT PL 10-38, JOHN WARREN REPLAT PRELIMINARY PLAT.

There was no further discussion.

VOTE. YES. NON-OBJECTION. UNANIMOUS CONSENT.

Motion carried.

PENDING BUSINESS

A. Staff Report PL 10-44, Bonny Bluff No. 2 Preliminary Plat

Chair Minsch noted that there is a motion on the floor to discuss from the April 21, 2010 meeting. The surveyor, Roger Imhoff was asked to return.

City Planner Abboud stated there were no additional comments outside his report.

Discussion was held regarding the location correction to West Hill Road on the plat from the previous meeting; the assurance that there is an area suitable for building on these lots; the overall percentage of the lot that is designated as steep slope; the surveyor did not feel it was necessary to indicate the slope lines on the plat map.

Commissioner Kranich inquired about the comments from Dan Gardner at Public Works. City Planner Abboud read the comments into the record as follows:

The Public Works Department recommends not dedicating the proposed right of way cul de sac with simply carrying the panhandle into the existing section easement it does not appear that a city standard road could be constructed at this point and that any shared access and turn around area can be called out as an access easement.

Further discussion was held amending the enclosed staff report; that in the future it may not need a large turn around, this would be dedicated to the city and the city would not want it right now because it unbuildable, gives the public the right to use.

KRANICH/HIGHLAND – MOVED TO AMEND STAFF REPORT PL 10-44, BONNY BLUFF NO. 2, PRELIMINARY PLAT TO INCLUDE PUBLIC WORKS COMMENTS DATED APRIL 20, 2010 FROM DAN GARDNER.

There was no discussion.

VOTE. YES. NON-OBJECTION. UNANIMOUS CONSENT.

Motion carried.

KRANICH/HIGHLAND – MOVED TO AMEND THE STAFF REPORT PL 10-44 TO CHANGE ROAD NAME FROM SKYLINE DRIVE TO WEST HILL ROAD.

There was no discussion.

VOTE. YES. NON-OBJECTION. UNANIMOUS CONSENT.

Motion carried.

KRANICH/HIGHLAND - MOVED TO ADOPT STAFF REPORT PL 10-44, BONNY BLUFF NO. 2, PRELIMINARY PLAT AS AMENDED.

Discussion to clarify that the amendments are to be considered as recommendations from the Planning Commission.

VOTE. YES. NON-OBJECTION. UNANIMOUS CONSENT.

Motion carried.

B. Staff Report PL 10-40, Draft Steep Slope Ordinance

Planning Technician Engebretsen stated the draft ordinance will be forwarded to the City Attorney for minor edits. Staff will attempt to have the revised draft ordinance before them for the June 2, 2010 meeting, holding a public hearing on June 16, 2010 to allow public comment.

There was no further discussion.

C. Staff Report PL 10-41, Draft Ordinance Amending Appeal Procedure

KRANICH/HIGHLAND - MOVED TO BRING TO THE FLOOR STAFF REPORT PL 10-41 FOR DISCUSSION AND POSSIBLE AMENDMENT.

Chair Minsch opened discussion on the draft ordinance, line 44-45, to change listing names to just the number. She referenced the comments from the City Attorney. She noted that names are not required and she would like to amend that to state how many not who. Further discussion was held regarding code requirements and the city attorney referencing how the Board of Adjustment proceeds. It was necessary to make this change for reporting requirements. Clarification was made on the term “express vote”.

KRANICH/HIGHLAND - MOVED TO CHANGE LANGUAGE IN LINE 45 AFTER THE FIRST COMMA FROM “WHO VOTED” TO “NUMBER VOTING” IN FAVOR OF THE DECISION, AND “NUMBER VOTING” AGAINST THE DECISION.

No changes to line 44 is required it is proper to read as written.

VOTE. YES. NON-OBJECTION. UNANIMOUS CONSENT.

Motion carried.

KRANICH/HIGHLAND – MOVED TO APPROVE THE DRAFT ORDINANCE AMENDING APPEAL PROCEDURES AS AMENDED AND FORWARD FOR PUBLIC HEARING.

There was clarification on the motion.

VOTE. YES. NON-OBJECTION. UNANIMOUS CONSENT.

Motion carried.

D. Staff Report PL 10-42, Spit Comprehensive Plan

Chair Minsch stated she would entertain a motion to postpone action on this item until the commission has had the time to properly review the draft document.

City Planner Abboud commented on the draft document. He was pleased with the efforts to include implementation items; ideas from the last commission meeting were included; definitely some changes required in relationship issues. Chair Minsch instructed the Commission to review their notes and incorporate them into the new draft plan since this is the document that they will be using in two weeks. City Planner Abboud recommended the Commissioners think about the time frame for approving this document.

KRANICH/ HIGHLAND - MOVED TO CONTINUE THE HOMER SPIT COMPREHENSIVE PLAN AT THE NEXT WORKSESSION MEETING.

There was no discussion.

VOTE. YES. NON-OBJECTION. UNANIMOUS CONSENT.

Motion carried.

E. Staff Report PL 10-43, Draft Ordinance Amending Storm Water Requirements and Establishing Standards for Filling Land

Planning Technician Engebretsen stated that the Commission discussed this draft ordinance at the worksession and requested staff to bring the revised draft with the recommended changes to the fill standard section of it for their next worksession.

KRANICH/HIGHLAND - MOVED TO SEND THE DRAFT ORDINANCE AMENDING STORM WATER REQUIREMENTS AND ESTABLISHING STANDARDS FOR FILLING LAND BACK TO STAFF FOR AMENDMENT AND RETURN FOR REVIEW AT THE NEXT WORKSESSION.

Clarification was made on keeping the storm water and land fill together on one ordinance.

VOTE. YES. NON-OBJECTION. UNANIMOUS CONSENT.

Motion carried.

NEW BUSINESS

None.

INFORMATIONAL MATERIALS

None.

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

City Planner Abboud stated the sun was still shining after a meeting.

COMMENTS OF THE COMMISSION

Commissioner Highland has been doing her homework and read the following from the first page of the Community Design Manual, “The scenic beauty of Kachemak Bay is an Alaskan natural treasure. This design manual has been adopted in order to maintain and improve the overall quality of the built environment and the way it fits into the splendid natural setting.”

Commissioner Kranich commented that some headway has finally been made on these ordinances and getting through the sticking points. He will have to look long and hard at certain points in the Spit Comprehensive Plan in regards to the location of overslope development. If they end up recommending setting aside that area, then in the future will need that area for harbor expansion he wants to be very careful.

Chair Minsch commented why she has requested the Commissioners to carefully review the draft plan and make a decision to leave issues behind or bring them through. They made those same types of decisions on the Comprehensive Plan. Summer is coming, everyone will be getting busy. We need a new commissioner. Gretchen has agreed to be re-appointed, Ray has answered her yet. Everyone is doing a great job.

Commission Druhot said welcome to Spring/Summer.

Commissioner Sinn added to the overslope comment made by Commissioner Kranich that if the reality of expansion is going towards town and his suggestion recommending bringing both forward. He was not sure how realistic that would be adding another 1000 feet you would be in the lagoon. Leave both in as an option. He is in favor of overslope on that end of the harbor but wants to ensure room for expansion. Good to be back.

ADJOURN

Meetings will adjourn promptly at 10 p.m. An extension is allowed by a vote of the Commission.

There being no further business to come before the Commission, the meeting adjourned at 8:03 p.m. The next regular meeting is scheduled for May 19, 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.

Renee Krause, Deputy City Clerk I

Approved: