Session
09-16, a Regular Meeting of the Homer Advisory Planning Commission was called
to order by Chair Minsch at 7:00 p.m. on October 7, 2009 at the City Hall
Cowles Council Chambers located at 491 E. Pioneer Avenue, Homer, Alaska.
PRESENT: COMMISSIONER BOS, HAINA, KRANICH, MINSCH,
SINN
STAFF: CITY PLANNER ABBOUD
DEPUTY CITY CLERK JACOBSEN
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).
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.
1. Approval of Minutes of September 16,
2009
2. Time Extension Requests
3. Approval of City of Homer
Projects under
4. KPB Coastal Management Program
Reports
The
consent agenda was approved by consensus of the Commission.
PRESENTATIONS
Presentations
approved by the City Planner, the Chair, or the Planning Commission.
There
are no presentations scheduled.
REPORTS
a. Borough Report
b. Kachemak Bay Advisory Planning Commission
Report
c. City Planner’s Report
1. Staff
Report PL 09-86, City Planner’s Report
City
Planner Abboud reviewed the staff report.
PUBLIC HEARINGS
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. (3 minute time limit) The Commission may question
the public. Once the public hearing is closed the Commission can not hear additional
comments on the topic.
The applicant is not held to the 3 minute time limit.
A. Staff Report PL 09-79, 595 Ocean Drive
Loop/Lot 70-A Oscar Munson Subdivision
City
Planner Abboud reviewed the staff report.
Bill
Bell, applicant, commented that the staff report addressed most of the plan. He
said that first and foremost this will end up as a single family dwelling. The
plan with the property is to build their retirement home. As coach of softball
team, to have a competitive team he needs a facility to practice in winter. For
years he has relied on finding warehouses, which are unsatisfactory because
they can’t be modified for their use. They have also utilized Community Schools,
but now it may be defunct, or resurrected with higher usage fees that are
outside the budget of a non profit. Purchasing a building is also too costly.
The program receives no funding from the high school or the Borough. He had the
idea of preparing the pad for their house, and use it as a batting cage to help
build the competitive softball program. The more competitive their program is
the more we will be able to attract teams to town to use the Jack Gist fields.
He sees that it is important to have athletic programs in the high school as it
is a good way to teach responsibility, team work, and education. Dr. Bell said
they started out with 9 players in 2000 and last year had 45 players, which is
about 30% of the female student body at Homer High, he sees that as a major
success. The softball cages are important to the program and will fit in well
in the neighborhood. He has received a lot of support from the neighborhood and
hopes the Commission will support it as well.
Chair
Minsch opened the public hearing.
Donna
Rae Faulkner, neighborhood resident, commented in support of the building and
what the applicants are proposing. She noted that the notice she received in
the mail had the address as 959 instead of 595.
Michael
Kennedy, neighborhood resident, commented in support of this. He said it is a
good idea, especially with the way City funding is going. It is refreshing to
see someone in the private sector take the initiative.
There
were no further public comments and Chair Minsch closed the public hearing.
Question
was raised regarding the lighting, restroom facilities, and insurance. Dr. Bell
commented that the building is somewhat opaque and the lighting will produce a
soft warm glow. There will be restrooms that will include showers, sinks, and
changing areas. The program is insured through the American Softball
Association.
KRANICH/BOS
MOVED TO ADOPT STAFF REPORT PL 09-79 WITH STAFF RECOMMENDATIONS AND FINDINGS IN
FAVOR OF INCLUDING CONDITIONS 1 THROUGH 7.
Commissioner
Kranich commented that it is refreshing to see someone in the private sector
taking this initiative for the youth of this community.
SINN/MINSCH
MOVED TO POSTPONE TO THE DELIBERATIONS TO THE END OF THE MEETING.
There
was discussion that it would be taken up after the last business item.
VOTE:
NON OBJECTION: UNANIMOUS CONSENT
Motion
carried.
B. Staff Report PL 09-85, Appeal of a Zoning
Enforcement at 844 Ocean Drive Loop,
Lot
83 Oscar Munson Subdivision
City
Planner Abboud explained that due to noticing this agenda item is postponed to
the next regular meeting.
PLAT CONSIDERATION
The Commission hears a report from
staff, presentation from the
applicant and testimony from the public.
The Commission may ask questions of staff, applicants and the public.
A. Staff Report PL 09-82, Homer JW
Right-of-Way Dedication Preliminary Plat
City
Planner Abboud reviewed the staff report.
There
were no applicant or public comments.
KRANICH/BOS
MOVED TO ADOPT STAFF REPORT PL 09-82 WITH STAFF RECOMMENDATIONS.
There
were comments in support of the action and its benefit to the community.
Commissioner Haina expressed that it is a generous gesture and would like to see
Council try to get the church reimbursed for the entire amount of the cost
involved for the replat.
VOTE:
NON OBJECTION: UNANIMOUS CONSENT.
Motion
carried.
B. Staff Report PL 09-84, Harrington Heights
– Aulikki’s Addition Preliminary Plat
City
Planner Abboud reviewed the staff report.
A
typographical error was noted on the lot size.
KRANICH/BOS
MOVED TO ADOPT STAFF REPORT PL 09-84 HARRINGTON HEIGHTS – AULIKKI’S ADDITION
PRELIMINARY PLAT WITH STAFF RECOMMENDATIONS.
There
was no discussion.
VOTE:
NON OBJECTION: UNANIMOUS CONSENT
Motion
carried.
C. Staff Report PL 09-83, Mitigation Plan in
Bridge Creek Watershed Protection District at 1135 Queets Circle, Lot 21, Block
3 Kelly Ranch Estates
City Planner Abboud reviewed the staff report and
reviewed the plan on the aerial photo.
Karen Walls, applicant, commented that she didn’t
have anything to add to the staff report, but was available to answer
questions. In response to questions, Mrs. Walls commented that the exact location
of the leach field hasn’t been determined yet. The infiltrator is the drain off
from the roof and is separate from the leach field. The infiltrator system will
take the roof runoff back into the ground, not into the water shed.
There were no public comments.
KRANICH/BOS MOVED TO ADOPT STAFF REPORT PL 09-83
WITH STAFF FINDINGS, CONDITIONS, AND RECOMMENDATIONS.
The Commission discussed concerns about where the
roof water will be discharged in relation to the leach field. Concern was
expressed that if the roof water leaves the infiltrator and goes into the leach
field it could result in flooding the septic pushing it out into the ground
water. There are no requirements for a separation distance. Comment was made
that based on the site plan drawing with lot dimensions, it shows an alder
patch collecting the roof water. With out soil analysis you don’t know for sure
where the water goes. A one bedroom septic is designed to take a minimal amount
of water and can be surcharged and flooded with the amount of water that can
come off a roof. In that case you are surcharging into the ground water which
can reach Bridge Creek.
MINSCH/BOS MOVED THAT THERE BE AN ENGINEERED
CERTIFICATION OF NO ADVERSE IMPACT OF INFILTRATOR ON LEACH FIELD.
The applicant questioned if it would be more
acceptable to abandon the infiltrator and collect the roof runoff into a
cistern and utilize that water. She expressed that she didn’t want to incur the
cost of an engineer. There was discussion of the process of resubmitting the application.
The applicant commented that they have built next door and are aware of the
issues. She feels 1.23 acres is adequate to meet the requirements for
developing the property.
VOTE: (Primary amendment): YES: BOS, MINSCH, HAINA,
SINN
NO:
KRANICH
Motion carried.
KRANICH/HAINA MOVED TO POSTPONE TO THE NEXT MEETING
TO SEE IF THERE IS ANY ADDITIONAL REVISION AND SUBMITTAL BY THE APPLICANT.
Mrs. Walls expressed that if it is going to delay
action she does not want to revise it.
VOTE: YES: HAINA, KRANICH, BOS
NO:
MINSCH, SINN
Motion failed.
There was no further discussion on the main motion
as amended.
VOTE: (Main motion as amended): YES: KRANICH, BOS,
HAINA, SINN, MINSCH
Motion carried.
PENDING BUSINESS
A. Staff Report PL 09-80, Policies and Procedures
Manual
The
Commission discussed this at the worksession and provided input to staff.
KRANICH/BOS
MOVED TO POSTPONE STAFF REPORT PL 09-80 UNTIL BROUGHT BACK BY STAFF.
There
was no discussion.
VOTE:
NON OBJECTION: UNANIMOUS CONSNET.
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 and the applicants. Any items brought before the
commission for discussion are on the floor for discussion following
introduction of the item. The Commission will accept presentation on
agenda items that involve an applicant (such as acceptance of a nonconformity.)
A member of the public wishing to
comment on regular business items that do not require a public hearing or
public notice may do so under Public Comment.
A. Staff Report PL 09-87, Comprehensive Plan
Chapter 5
City
Planner Abboud reviewed the staff report.
KRANICH/BOS
MOVED TO BRING TO THE FLOOR WITH A MOTION TO DISCUSS AND PROPOSE AMENDMENTS TO
COMPREHENSIVE PLAN CHAPTER 5.
The
Commission understood from their previous discussions that they struck huge
pieces of the second and most of the third paragraph regarding the airport. The
discussion was that moving the airport out of Homer isn’t in the best interest
of Homer. The plan the Council has doesn’t have any of their recommended
changes on it. It was noted that it was such an absurd idea that it probably
wouldn’t go through, especially went the State expects it will take over $300
million to move it, which is their entire State airport budget for a year. The
Commission agreed they should send a recommendation to Council to strike that language.
Removing the airport would remove a huge tax base out of the Community,
increasing the carbon footprint having to drive the extra mileage to and from
an out of town airport.
KRANIICH/BOS
MOVED TO ADOPT STAFF REPORT 09-87 WITH STAFF PROPOSED AMENDMENTS INCLUDING
STRIKING THE LAST PARAGRAPH ON PAGE 99 AND THE FIRST PARAGRAPH ON PAGE 100 AND
INCLUDE THE STAFF COMMENTS AND ACTIONS IN THE BOTTOM TWO PARAGRAPHS ON PAGE
100.
There
was brief discussion that this clears up their intent and that these recommendations
go to Council.
VOTE:
NON OBJECTION: UNANIMOUS CONSENT.
Motion
carried.
B.
Staff Report PL 09-88, Comprehensive
Plan Work List
The
Commission discussed this at the worksession and provided input to staff.
KRANICH/BOS
MOVED TO POSTPONE STAFF REPORT PL 09-88 UNTIL BROUGHT BACK BY STAFF.
There
was no discussion.
VOTE:
NON OBJECTION: UNANIMOUS CONSENT
Motion
carried.
C. Staff Report PL 09-89, Ordinance 09-50,
Nonconforming Structures (mobile homes) for recommendation
City
Planner Abboud reviewed the staff report. It was clarified that Ordinance 09-46
which is specific to Mr. Nakada is a separate issue from this Ordinance 09-50.
KRANICH/SINN
MOVED TO BRING STAFF REPORT 09-89 AND ACCOMPANYING ORDINANCE TO THE FLOOR FOR
DISCUSSION.
The
Commission discussed the time line for making recommendations to Council.
Procedurally an amendment to the zoning code needs to come before the
Commission for consideration and public hearing. The Commission expressed that they
want to have an opportunity for discussion at the next worksession then it can
come before them with a public hearing at the regular meeting.
KRANICH/BOS
MOVED TO POSTPONE UNTIL THE NEXT MEETING AND WORKSESSION.
There
was brief discussion.
VOTE:
NON OBJECTION: UNANIMOUS CONSENT.
Motion
carried.
INFORMATIONAL MATERIALS
Items listed under this agenda item
can be
A. Letter dated September 23, 2009 to T.A.
McKeever from Dotti Harness, Planning Technician regarding property cleanup
The
Commission recessed into deliberations at 8:56 p.m. for the consideration of
staff report PL 09-79, 595 Ocean Drive Loop/Lot 70-A Oscar Munson Subdivision. The
meeting resumed at 9:17 p.m.
KRANICH/BOS
MOVED TO ADD CONDTION NUMBER 8 THAT THIS CONDITIONAL USE PERMIT IS CONTINGENT
UPON MAINTAINING CURRENT OWNERSHIP OF THE PROPERTY; CONDITION 9 OFFSITE PARKING
SHALL BE PROVIDED IN HOMER CITY CODE 21.55; AMEND CONDITION 5 TO DELETE ALL
AFTER THE WORD USE SO IT READS: “STRUCTURE TO BE USED FOR NON COMMERCIAL USE.”
There
was no discussion on the amendment.
VOTE:
NON OBJECTION: UNANIMOUS CONSENT.
Motion
carried.
There
was no further discussion on the main motion as amended.
VOTE:
(Main motion as amended): YES: MINSCH, HAINA, KRANICH, SINN, BOS
Motion
carried.
COMMENTS OF THE AUDIENCE
Members of the audience may address
the Commission on any subject. (3 minute
time limit)
Chair
Minsch requested that public refrain from commenting regarding the pending
appeal that was scheduled for this agenda but was postponed.
Nancy
Hillstrand, city resident, commented regarding the watershed. She expressed her
appreciation for the Commissions concern regarding the watershed. She doesn’t
like that people have to pay a lot of money, but thinks it important to write
what you think and make it as strong as you possibly can because one person can
turn into 400 people. If you have to do every one at a time, put it in the
ordinance so it is very strict and very strong so that when they buy their
land, it is on their deed and they know that they are going to be pooping in
our water. It is very serious. It means more chemicals, and more cost to the
City. It is a serious issue that you can see across the country. She also noted
that there are 48 lights burning in this room, 8 lights in the bathroom, and 28
lights in the hall. She thinks that somehow we, as the City, need to start
curbing our energy use. 88,000 kW hours on the spit. Recycling is easy to do;
it costs a lot of money to just keep putting things in the dump. She suggested
that there be separate switches so that not all the lights have to be on.
Michael
Kennedy expressed that he needed to address the Commission regarding comments
that Commissioner Haina made to him on the street yesterday when Mr. Haina
didn’t know who he was. Mr. Kennedy said he didn’t know what the chance was for
him to pick him out from the rest of the town. Mr. Kennedy said that as he just
heard, this is a quasi judicial board. He thinks that as a Commissioner you are
supposed to keep this stuff under your hat and not talk to the general public
about things that are on the agenda and what your personal opinion is,
especially when it is coming up as an appeal in a semi court of law, where he
could face substantial, financial, possibly criminal actions. Mr. Kennedy
explained that Mr. Haina was campaigning. He said he didn’t know Mr. Haina at
all. He pulled in in his truck and wanted to ask him one question to see how he
would vote for him. He asked what he thought about the permits for special
events because he would know how he would vote for him based on his answer. Mr.
Haina said he supported it, Mr. Kennedy knew right then that he wouldn’t vote
for him. He asked Mr. Haina why. First they talked about revenue and
reimbursement to the City. One thing and another and Mr. Kennedy said he asked
why can’t Homer be different? He said Mr. Haina responded that things are
different in Homer, things are changing. Mr. Kennedy said things aren’t
changing if we do just like every other city with that law. He said Mr. Haina
responded that Rick Abboud is cleaning this place up. He’s doing a good job
cleaning this place up. There is a man with a large junk yard on the other side
of town that is coming before the meeting tomorrow and we are going to get him
too. Mr. Kennedy said when he heard that he was flabbergasted. He said thank
you, turned around and walked away. He said he didn’t even know he was on the
agenda, this was the first he had heard of it. He came to City Hall and asked
about it because he hadn’t received notification. He wants to lodge this
complaint and ask the Commission to direct Mr. Haina in the proper conduct of a
Commissioner and also to keep him from participating in any appeals that he has
before the board because Mr. Haina obviously has his mind made up ahead of
time, in the fact that he would go before the general public and talk this out.
It leads him to have serious doubts that he will get any kind of fair trial
here. He thinks it is an abuse of power of a Commissioner, a breach of conduct,
an ex parte communication, and he plans to form a letter to send to the Mayor,
City Manager, and Council. It is kind of like a gut shot here in the public
process to already be convicted before you get here. The fact that he would say
there is a man with a junk yard leads him to believe that he is already
convicted, much less what else was said. Mr. Kennedy said he wants to go on
record as opposing Mr. Haina’s involvement. If the Commission decides to go
ahead with it, it will probably end up in court. He will make Frank Griswold
look tame when he gets done with them.
Councilmember
Zak expressed his appreciation for the Commission and the work that they are
doing here.
COMMENTS OF THE COMMISSION
Commissioners may comment on any
subject, including requests to staff and requests for excused absence.
Commissioner
Bos commented that it was a good meeting.
Commissioners
Sinn, Kranich, and Haina had no comment.
Chair
Minsch commended the Commission and asked them to keep up the good work.
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 9:31 p.m. The next Regular Meeting is scheduled for October 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,
Approved: