Session 08-20, a Regular Meeting of the Homer
Advisory Planning Commission was called to order by Chair Minsch at
PRESENT: COMMISSIONER
BOS, KRANICH, MINSCH,
STAFF:
DEPUTY
PLANNING
TECHNICIAN ENGEBRETSEN
AGENDA
APPROVAL
The agenda was amended to change the order of New
Business item and hear Item E as D and Item D as E.
The amended 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.
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 w
1.
Approval of Minutes of
2. Time Extension Requests
3. Approval of City of
4. KPB Coastal Management Program Reports
Commissioner Kranich requested the minutes be moved
to new business for discussion.
The amended 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.
A.
Presentation
by Nancy Casey, Casey Planning and Design, 65% draft Article 5.14 of the Design
Criteria Manual, Non-Motorized Trails and Public Access Easements.
Planning Technician Engebretsen introduced Nancy
Casey of Casey Planning and Design, who has been contracted to prepare the
Trails Design Criteria Manual.
Ms. Casey explained that the development of the
Trails Design Criteria Manual stems from implementation of the Homer Non
Motorized Transportation and Trails Plan (HNMTTP). The manual is necessary to
have in place prior to the adoption or acceptance of access easements.
Currently there are no codes that require trails to be part of a subdivision or
development. The intent of the content of the manual is for it to be used by
the developers, the City, or anyone who is looking to incorporate a trail project
or access easement on their property. The manual is also to be used by the
reviewing staff to evaluate any proposed easements or trails. It sets the early
stage that the trail w
In response to questioning, Ms. Casey commented
that in the development of this plan they used ASHTO sources as the guiding
principle for safety on bicycle and pedestrian facilities. Other sources
included Forest Service Design parameters for trails, which have become widely
accepted by State and Federal Agencies for recreational trails; and
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 and
the activity at the last City Council meeting.
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
Commissioner Moore stated he does business with the
applicant.
KRANICH/STORM MOVED THAT COMMISSIONER MOORE
Commissioner Moore stated that he has known the
applicant just about his entire life and has been doing refuse service business
with him for a while.
VOTE: YES: MINSCH, STORM, KRANICH, SINN
NO:
BOS
Motion carried.
Commissioner Moore left the table.
City Planner Abboud reviewed the staff report.
Chair Minsch noted the laydown items provided
regarding this non conformity.
James Dolma, applicant’s representative, said he
would be happy to answer any questions. In response to questioning Mr. Dolma
explained that both mobile homes are about the same size. He said they were
under the impression that Mr. Nakada had applied for non conformity some time
in the past, and Mr. Nakada thought since 1982 everything had been done that
needed to be. Mr. Dolma said Mr. Nakada is living between the two mobile homes
at this point. He has not moved the bed from the original trailer; electric
service, and water and sewer are hooked up to both. He is waiting to get this
resolved so he can get the old trailer moved out of there. Mr. Dolma provided
photos showing the condition of the current mobile home and the mobile home
intended to replace it. Mr. Dolma stated the long term plan is to have a
conventional addition built on to the home.
Chair Minsch opened the public hearing. There were
no public comments. Chair Minsch closed the public hearing.
Neither Mr. Dolma nor Mr. Nakada had any further
comments.
STORM/SINN MOVED TO BRING TO THE
The motion was approved by consensus.
STORM/SINN MOVED TO GO INTO EXECUTIVE SESSION FOR
DELIBERATION.
There was no discussion.
VOTE: YES: MINSCH, SINN, KRANICH, BOS, STORM
Motion carried.
The Commission adjourned into executive session at
STORM/KRANICH MOVED TO APPROVE
STAFF RECOMMENDATIONS:
the Commission move to go
into executive session for deliberations.
Considerations if nonconforming status is granted:
·
The ‘older’ mobile home
must be removed within 30 days of the Decisions and Findings.
There was no discussion. Chair Minsch stated for
the record that the Commission discussed this item in executive session.
VOTE: NO: MINSCH, KRANICH, SINN, STORM, BOS
Motion failed.
STORM/BOS MOVED TO ADOPT FINDINGS TO SUPPORT OUR
VOTE.
There was no discussion.
VOTE: NON OBJECTION: UNANIMOUS CONSENT
Motion carried.
STORM/KRANICH MOVED TO AMEND “A” FROM THE STAFF
REPORT AS FOLLOWS:
a. A nonconforming structure may be enlarged or altered,
but only if it does not increase its nonconformity;
Finding: Replacing the mobile home with another of the
same dimensions can be considered an alteration.
Finding: Replacing a mobile home with another mobile
home that is the same size, does not enlarge or increase its
nonconformity.
There was no discussion.
VOTE: YES: KRANICH, BOS, STORM, SINN, MINSCH
Motion carried.
STORM/BOS MOVED TO AMEND FINDING B AS FOLLOWS:
b. If a nonconforming structure is moved for any reason
for any distance whatsoever it shall thereafter conform to the code provisions
applicable in the zone in which it is located after it is moved;
Finding: The
trailer that is proposed to be replaced must be removed and
disposed of or relocated to an accommodating zoning district. The older trailer that
There was no discussion.
VOTE: YES: BOS, MINSCH, STORM, KRANICH, SINN
Motion carried.
STORM/KRANICH MOVED TO AMEND FINDING C AS FOLLOWS:
c.
If a nonconforming structure or nonconforming portion of a structure is damaged
by any means to an extent of more
Finding: an alteration and
is not considered to be reconstructed. A RECONSTRUCTION
Finding: The
“older” mobile home is reaching the end of its’ economic life and is proposed
to be replaced with a ‘newer’ mobile home.
There was no discussion.
VOTE: YES: STORM, MINSCH, KRANICH, SINN, BOS
Motion carried.
STORM/BOS MOVED TO SUPPORT ADOPT ITEM “D” AS IS.
There was no discussion.
VOTE: YES: MINSCH, KRANICH, SINN, STORM, BOS
Motion carried.
City Planner Abboud advised the applicant that
there is a procedure for appealing a Planning Commission decision to the BOA
and suggested contacting staff.
Commissioner Moore returned to the table.
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
A.
Staff
City Planner Abboud reviewed the staff report.
There were no applicant or public comments.
STORM/MOORE MOVED TO ADOPT
STAFF COMMENTS/RECOMMENDATIONS:
Planning
Commission recommend approval of the preliminary plat with the following
comments:
·
A plat note indicating that
this subdivision may contain wetlands.
Property owners should contact the Army Corp. of Engineers prior to any
on-site development or construction activity to obtain the most current
wetlands designation (if any).
·
Confirm the property
ownership and that the correct names are shown on the plat.
·
Correct the subdivision
information along the western lot line to show the Hartman Subdivision.
·
Conform to KPB code
20.12.0060 (M). Show approximate locations of slopes over 20 percent in grade.
·
Dedicate 15 foot utility
easements to serve each lot. (This is typically accomplished by dedication the
15 ft easement along rights of way.)
There was brief comment regarding the utility
easement.
VOTE: NON OBJECTION: UNANIMOUS CONSENT.
Motion carried.
PENDING
BUSINESS
There were no items scheduled for pending business.
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
STORM/BOS MOVED TO ADOPT
There was brief discussion on deleting the second
meeting in November. There was no action taken.
VOTE: NON OBJECTION: UNANIMOUS CONSENT
Motion carried.
STORM/BOS MOVED TO SUSPEND THE RULES FOR THE
BOROUGH REPORT.
There was no discussion.
VOTE: NON OBJECTION: UNANIMOUS CONSENT
Motion carried.
Rick Foster, Borough Planning Commissioner,
reported that he is currently on the Plat Committee as well. The plat for
removal of a lot line near the hospital on
B.
Staff
Chair Minsch noted that they discussed the staff
report during the worksession.
STORM/KRANICH MOVED TO
There was brief discussion.
VOTE: NON OBJECTION: UNANIMOUS CONSENT
Motion carried.
C.
Staff
STORM/BOS MOVED TO DISCUSS
There was no discussion.
VOTE: NON OBJECTION: UNANIMOUS CONSENT
Motion carried.
Comments included:
·
It
is great to have comprehensive design criteria for something that will
hopefully last the community a long time.
·
If
this is going to Parks and Rec it is important that they catch the significance
of the fact that three or four levels of trails appear to allow for equestrian
use. The trails could be heavily damaged.
KRANICH/SINN MOVED THAT WHEN THIS DESIGN CRITERIA
MANUAL IS PRESENTED TO THE PARKS
Commissioner Moore expressed his opposition to
singling out equestrian users of trails, noting that anyone can do damage, even
people walking on the trails.
Commissioner Sinn commented that he felt the
purpose is more of a nature to let the people who are going to be using this
item as a tool, if this is something
they want to address, now is the time. They could also consider another level
of trail development designed for equestrian use.
VOTE: YES: MINSCH, KRANICH, SINN, STORM, BOS
NO:
Motion carried.
Chair Minsch noted there was discussion of the
staff report during the worksession.
STORM/BOS MOVED TO BRING
City Planner Abboud noted that another goal was added
supporting beach access and referencing the Beach Policy.
There was discussion regarding the wording of goal
8 and activities on the beaches. Further discussion ensued on how to proceed
with proposing amendments.
Chair Minsch called for a recess at
KRANICH/SINN MOVED TO AMEND OBJECTIVE A
There was no discussion.
VOTE: NON OBJECTION: UNANIMOUS CONSENT
Motion carried.
KRANICH/BOS MOVED WE ADOPT GOAL 7 ON PAGE 133 AS
PROVIDED BY STAFF.
There was no discussion.
VOTE: NON OBJECTION: UNANIMOUS CONSENT
Motion carried.
·
Page
7-5
KRANICH/SINN MOVED TO AMEND OBJECTIVE A3 BI CHANGE
THE FIRST WORD FROM "REQUIRE" TO "ENCOURAGE".
There was no discussion.
VOTE: NON OBJECTION: UNANIMOUS CONSENT
Motion carried.
·
Page
7-7
KRANICH/BOS MOVED TO AMEND IN GOAL THREE
IMPLEMENTATION ACTIONS, THE FIRST LINE ABOUT FIVE WORDS IN, REPLACE THE WORD “WILL”
WITH THE WORD “
There was no discussion.
VOTE: NON OBJECTION: UNANIMOUS CONSENT
Motion carried.
KRANICH/BOS MOVED TO AMEND NUMBER 1 DELETE THE
There was no discussion.
VOTE: NON OBJECTION: UNANIMOUS CONSENT
Motion carried.
KRANICH/BOS MOVED TO AMEND NUMBER 2 PLACE A PERIOD
AFTER THE
There was no discussion.
VOTE: NON OBJECTION: UNANIMOUS CONSENT
Motion carried.
KRANICH/BOS MOVED TO PLACE A PERIOD AFTER THE WORD
GOALS, “IMPROVE THE EXISTING
BOS/KRANICH MOVED TO AMEND TO READ “CONTINUE TO
IMPROVE…”
There was no discussion.
VOTE (Primary amendment): NON OBJECTION: UNANIMOUS
CONSENT
Motion carried.
There was brief discussion.
VOTE (Main motion): NON OBJECTION: UNANIMOUS
CONSENT
Motion carried.
KRANICH/BOS MOVED IN ITEM 6 DELETE WORDS “PARTNER
WITH BUSINESSES
There was no discussion.
VOTE: NON OBJECTION: UNANIMOUS CONSENT
Motion carried.
·
Page
7-8
KRANICH/BOS MOVED IN GOAL 5 IMPLEMENTATION ACTIONS
NUMBER 1 DELETE THE WORD “USE” AT THE VERY START
There was no discussion.
VOTE: NON OBJECTION: UNANIMOUS CONSENT
Motion carried.
·
Page
7-9
KRANICH/BOS MOVED TO PUT A PERIOD AFTER THE COMMA
IN THE SENTENCE
There was no discussion.
VOTE: NON OBJECTION: UNANIMOUS CONSENT
Motion carried.
·
Page
7-11
SINN/BOS MOVED TO AMEND THE IMPLEMENTATION TABLE
FOR CHAPTER 7 FIRST LINE “
There was brief discussion.
VOTE: NON OBJECTION: UNANIMOUS CONSENT
Motion carried.
SINN/BOS MOVED TO AMEND THE IMPLEMENTATION TABLE
NEAR THE BOTTOM SECOND TO LAST LINE “CREATE A PARKS
There was no discussion.
VOTE: NON OBJECTION: UNANIMOUS CONSENT
Motion carried.
SINN/KRANICH MOVED TO AMEND THE IMPLEMENTATION
TABLE “BUILD A
City Planner Abboud commented that there may be a
lease that is expiring that could potentially eliminate it soon. He will bring
information regarding that with the next draft.
It was noted that moving the greenhouse and other
projects out to long term may be objectionable to the public who has put a lot
of effort into this. There was discussion that there are funding issues and the
City’s priorities need to be considered for near term. There are other facilities
that could be utilized for a City Greenhouse, specifically the upstairs of the
old school that is currently being used for storage, should restructuring take
place.
VOTE: NON OBJECTION: UNANIMOUS CONSENT
Motion carried.
STORM/MOORE MOVED TO EXTEND THE MEETING TO
There was brief discussion.
VOTE: NON OBJECTION: UNANIMOUS CONSENT
Motion carried.
MOORE/SINN MOVED TO AMEND THE IMPLEMENTATION TABLE
“IMPROVE ACCESS REMOVE BARRIERS OF USING PARKS
There was no discussion.
VOTE: NON OBJECTION: UNANIMOUS CONSENT
Motion carried.
MOORE/BOS MOVED TO AMEND THE IMPLEMENTATION
SCHEDULE “DEVELOP PUBLIC RESTROOMS DOWNTOWN” MOVE IT TO NEAR TERM.
There was no discussion.
VOTE: NON OBJECTION: UNANIMOUS CONSENT
Motion carried.
KRANICH/SINN MOVE TO AMEND THE IMPLEMENTATION TABLE
SECOND ITEM “INCREASE STAFFING AT PARKS
A near term consideration of increasing staff is
not prudent at this time.
VOTE: NON OBJECTION: UNANIMOUS CONSENT
Motion carried.
STORM/BOS MOVED TO MOVE COMPREHENSIVE PLAN CHAPTER
7 STAFF REPORT PL08-122 BACK TO STAFF WITH COMMENTS
There was no discussion.
VOTE: NON OBJECTION: UNANIMOUS CONSENT
Motion carried.
STORM/BOS MOVED TO
There was brief discussion regarding the date.
VOTE: NON OBJECTION: UNANIMOUS CONSENT
Motion carried.
F. Approval of Minutes of
STORM/BOS MOVED TO APPROVE THE MINUTES FROM THE
OCTOBER 15 MEETING.
Commissioner Kranich noted there were two places
where the second wasn’t listed. Deputy City Clerk Jacobsen explained that she
had reviewed the recording and would have the information recorded in the copy
that goes into the permanent record.
VOTE: NON OBJECTION: UNANIMOUS CONSENT
Motion carried.
INFORMATIONAL MATERIALS
A. Memorandum dated
B. Notice of Decision dated
City Planner Abboud noted that the comments from
Mr. Foster are comments from a year ago.
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 said he will be out of town from
November 17 through December 14. Regarding his conflict of interest they need
to find some common ground on the dumpsters. City Code says he doesn’t have a
conflict, it states $300 per occurrence or $5000 in a year, and they aren’t
hitting those numbers.
Commissioner Sinn responded that tonight he didn’t
vote Commissioner Moore off due to the financial interest, but because of the
personal interest of having known the applicant since childhood.
Chair Minsch concurred and suggested that if
Commissioner Moore needs more direction or the Commission isn’t hearing him
right, he needs to let them know. She asked that he clarify when making his
statement whether or not it exceeds the standards in the code of ethics. There
may come a point where they will have to decide if he is helping or hurting the
Commission, but right now, he is a big help and they are doing okay.
Commissioner Kranich commented that they had a
piece of business before them tonight that they took very seriously and they
were guided by City Code. There were one or two items that were very clear. It
wasn’t an easy decision for any of them. He hopes in the next step there will
be a better solution to the problem.
Commissioner Bos agreed that it was a tough
decision to make and he hopes no one gets caught up in an emotional
conversation or issue by locals who may chastise anyone for the decision that
was made.
Chair Minsch stated that this was a quasi-judicial
issue and is subject to appeal. If it is appealed to Council, they can remand
it back to the Planning Commission. The Commissioners should not discuss it
with anyone.
Commissioner Storm asked City Planner Abboud to add
to their worklist about looking at the hole in the nonconformity.
Commissioner Sinn reiterated the need for
information the status of the green house for them to review.
Chair Minsch commended the Commissioners. She
recognized that they are doing their homework, reading their packets and giving
it careful consideration. Tonight was ugly; she admires them all for their
work. Right or wrong, everyone is respectful. She asked for feed back if she is rushing the
meeting or going to slow and she noted she should have been clearer to the applicant
regarding the Soundview decision.
ADJOURN
Meetings adjourn promptly at
There being no further business to come before the
Commission, the meeting adjourned at
MELISSA JACOBSEN,
Approved: