Session 08-19, a Regular Meeting of the Homer Advisory Planning Commission was called to order by Chair Minsch at 7:01 p.m. on October 15, 2008 at the City Hall Cowles Council Chambers located at 491 E. Pioneer Avenue, Homer, Alaska.

 

PRESENT:      COMMISSIONER BOS, KRANICH, MINSCH, MOORE, SINN, STORM, ZAK

 

STAFF:                   CITY PLANNER ABBOUD

                   DEPUTY CITY CLERK JACOBSEN

                   PLANNING TECHNICIAN HARNESS

                  

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.

 

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 September 17, 2008

2.       Time Extension Requests

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

4.       KPB Coastal Management Program Reports

 

 

 

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.       Kachemak Bay Advisory Planning Commission Report

 

There was no KBAPC report.

 

C.       Planning Director’s Report

          1.       Staff Report PL 08-108, City Planner’s Report

 

City Planner Abboud reviewed his 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 Report PL 08-103, CUP 08-09, Tracts 1&2 Paper Plat Sub.

 

City Planner Abboud reviewed the staff report.

 

Commissioner Moore stated he has a potential conflict of interest.

 

KRANICH/BOS MOVED THAT COMMISSIONER MOORE HAS A CONFLICT OF INTEREST.

 

Commissioner Moore stated that he does business with Mr. Arno and also with one of the people who have a letter in the packet. The amount in either case does not exceed the dollar figure set forth in code, but it could in the future. He stated there was also ex parte communication, but that can be dealt with separately if needed.

 

In response to questioning Commissioner Moore commented that they have been long term relationships, in the past he may have exceeded the dollar amount in code, but in the current business relationship he has not. Neither of the relationships would affect his decision to make a fair decision on the issue.

 

VOTE: YES: STORM, MINSCH, ZAK, SINN

          NO: KRANICH, BOS

 

Motion carried.

 

Commissioner Moore left the table.

 

Mike Arno, applicant, commented that every item in HCC 21.40.080 is addressed in the sediment control plan. He had Public Works Director Meyer review it and he thought it was adequate. Mr. Arno said he could address any of their questions by referencing his drawings and statements. Regarding the stream buffer variance, the buffer separations have already been established. The drawing is exactly what is happening there. He was informed by the Corps of Engineers (COE) that the COE permit was issued and a copy was provided to staff yesterday. They are crossing 65 feet of wetlands. If they attempted another route in, they would be crossing ten times the wetlands. The vegetation in the creek area will not be disturbed as they are planning to go over the top of what is there. He clarified they have 30 foot buffers from the sediment pond to the creek because the COE requested they have their silt ponds outside the wetlands. The 65 foot crossing will be left with heavy vegetation which includes willow brush, swamp grass, and what ever else is there. He stated they are not planning any other development other than possibly a small cabin on the other lot. Their plan is to have access to the cabin that is there and keep it as private and quiet as possible. One of the letters references a construction company that wants to build, which makes it sound like a development, but he happens to own a construction company. The cabin is a residence for his son. Mr. Arno purchased the property but the access and septic need to be developed before the bank will finance it for his son.

 

Mr. Arno pointed out current access on the aerial photo noting there is four wheeler access up to the ravine then it is basically walk in. In response to questioning he stated he would not have a problem with a condition restricting the access for two single family dwellings only.

 

Chair Minsch opened the public hearing.

 

Joe Miles said that there is a legal deed of access across the native land and provided a copy to the Commission. He said in investigating the property himself he was led to believe that crossing Bridge Creek is not allowed. He doesn’t understand why a culvert would cause more turbidity and suggested asking staff. He referenced the aerial photo and described what crossing the 65 feet of wetlands would entail. In looking over the engineered proposals for the crossing it looks like they have taken into consideration the run off but he doesn’t know about the subsurface flow. It appears that they have put effort into taking the water shed into consideration. In response to questioning Mr. Miles said he does not own property in the area, but he signed a contract on this specific property twice.

 

Chair Minsch confirmed that after closing the public hearing the Commission couldn’t take anymore information without opening another public hearing.

 

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

 

Mr. Arno referenced the aerial photo, noting an area of high value wetland. He explained that they have chosen the shortest area of wetland crossing for the project. Regarding construction his goal is to start as soon as possible. If it stays wet he would wait until there is some frost.

 

STORM/SINN MOVED TO ADJOURN INTO EXECUTIVE SESSION TO DELIBERATE ON CUP 08-09.

 

There was brief discussion.

 

VOTE: YES: MINSCH, SINN, KRANICH, BOS, STORM, ZAK

 

Motion carried.

 

The Commission went into executive session at 8:01 p.m. The meeting resumed at 9:22 p.m.

 

STORM/SINN MOVED TO APPROVE STAFF REPORT PL08-103 AND CUP 08-09 WITH CONDITIONS AND FINDINGS.

STAFF COMMENTS/RECOMMENDATIONS:

The Planning Commission hold a public hearing and move to executive session. 

Findings for approval are:

1.      An Erosion and Sediment Control Plan that specifically addresses the requirements of HCC 21.40.080 ESCP, 21.40.110 Stream Buffers and 21.40.130 Exceptions to Buffers that is prepared by a certified hydrologist or professional engineer.  The ESCP to meet the conditions of the ACOE permit.  The ESCP to be reviewed and approved by the Public Works Department prior to obtaining a permit or any disturbance.  An ESCP that does not address the code requirements will be denied.

2.      ACOE permit is reviewed and approved by Public Works Department.

3.      Road construction to occur within one calendar year from the date of the decisions and findings document.

There was brief discussion to clarify that the first 200 feet of the right-of-way has to meet City standards and is 14 feet across and then it is 12 feet across the rest of the way in.

 

KRANICH/SINN MOVED TO ADD A CONDITION THAT THIS DRIVEWAY ONLY BE USED TO PROVIDE ACCESS FOR ONE SINGLE FAMILY DWELLING ON EACH LOT. THE DRIVEWAY SHALL NOT BE EXTENDED TO PROVIDE ACCESS TO ANY OTHER PROPERTY.

 

There was brief discussion that this condition is intended to keep the traffic level down in the watershed district and it would limit exposure to the environment as much as possible.

 

VOTE (Primary amendment): NON OBJECTION: UNANIMOUS CONSENT.

 

Motion carried.

 

ZAK/BOS MOVED TO ADD A FINDING ON PAGE 8 OF THE STAFF REPORT ITEM B A SECOND FINDING TO ITEM 4 TO READ “BASED ON INFORMATION IN THE RECORD, NO OTHER DEDICATED ACCESS EXISTS.”

 

Comment was made that in reviewing the record and the information provided by the public the Commission determined that there is no other legal access other than Coplais Street to a private drive.

 

VOTE (Primary amendment): NON OBJECTION: UNANIMOUS CONSENT

 

Motion carried.

 

BOS/SINN MOVED TO AMEND THE SECOND FINDING UNDER NUMBER 8 ON PAGE 20 TO SAY “PROPERLY PERMITTED EROSION AND SEDIMENT CONTROL PLAN CONSTRUCTED AND MAINTAINED WILL NOT CAUSE DEGRADATION OF THE WATER QUALITY OR ENDANGER THE SUITABILITY OF THE BRIDGE CREEK RESERVOIR AS A WATER SUPPLY SOURCE FOR THE CITY’S PUBLIC WATER UTILITY.”

 

There was comment that if the driveway is constructed with the best practices available and following the proper permitting process there should be minimal if any turbidity created.

 

VOTE (Primary amendment): NON OBJECTION: UNANIMOUS CONSENT

 

Motion carried.

 

SINN/KRANICH MOVED TO ADD A CONDITION TO READ “ANY NEW STRUCTURES OR IMPROVEMENTS TO EXISTING STRUCTURES ON EITHER LOT WILL HAVE A DEC APPROVED AND SITE ENGINEERED INSPECTED SEPTIC PRIOR TO OCCUPANCY.

 

This was addressed partially due to the soil conservation statement on page 39 of the packet which reads:

Your particular site slopes directly toward an offshoot of the main stem of Bridge Creek, However, with the lush native vegetation that occurs on your property, if most of the development of your lower lot occurs in it’s North portion, there should be an acceptable buffer of native vegetation to further filter and prevent an sediment from reaching the actual water course. This is of course providing that you follow proper mitigation measures and expose and treat as small an area as feasible to accomplish your development plan.

 

VOTE (Primary amendment): NON OBJECTION: UNANIMOUS CONSENT

 

Motion carried.

 

STORM/SINN MOVED TO ADD A CONDITION THAT THE APPLICANT IS OBLIGED AND MUST AT ALL TIMES PROTECT THE WATERSHED.

 

There was brief discussion in support of the motion.

 

VOTE (Primary amendment): NON OBJECTION: UNANIMOUS CONSENT.

 

Motion carried.

 

City Planner Abboud recommended that with these conditions the document should be recorded with the properties so future owners are aware of these conditions.

 

STORM/SINN MOVED TO RECORD THE DECISIONS AND FINDINGS DOCUMENT OF THE CONDITIONAL USE PERMIT TO BOTH PROPERTIES.

 

There was no discussion.

 

VOTE (Primary amendment): NON OBJECTION: UNANIMOUS CONSENT.

 

Motion carried.

 

ZAK/KRANICH MOVED THAT BASED ON THE CRITICAL NATURE OF THE WATER SHED THAT PROPANE OR WOOD FUEL BE USED AT THE CABINS AND NOT DIESEL.

 

There was discussion that a spill of diesel fuel could be a catastrophe due to the critical nature of the creek. Agreement was expressed regarding the concept however there are other roads in the area that cross the watershed and it wouldn’t be appropriate to limit these property owners ability to heat when there are others in the area who have already have fuel oil delivered.

 

VOTE (Primary amendment): YES: ZAK

          NO: SINN, BOS, STORM, MINSCH, KRANICH

 

Motion failed.

 

There was no further discussion of main motion as amended.

 

VOTE (Main motion as amended): YES: MINSCH, ZAK, KRANICH, SINN, STORM BOS,

 

Motion carried.

 

Mr. Arno was advised that there is a 30 day appeal period upon the release of the decisions and findings. The decisions and findings are not prepared until after the minutes of this meeting are approved.

 

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 will accept testimony or a presentation on agenda items that involve an applicant.

 

There were no plats for consideration.

 

PENDING BUSINESS

 

A.       Staff Report PL 08-109, Comprehensive Plan Review of Chapter 6

 

STORM/KRANICH MOVED TO BRING TO THE FLOOR FOR DISCUSSION COMPREHENSIVE PLAN REVIEW OF CHAPTER 6.

 

Chair Minsch noted for the record that the Commission had extensive discussion of the staff report during their worksession.

 

Commissioner Moore expressed that he might have a conflict of interest.

 

KRANICH/ZAK MOVED THAT COMMISSIONER MOORE HAS A CONFLICT OF INTEREST REGARDING COMPREHENSIVE PLAN CHAPTER 6 ON THE WATER SECTION.

 

Commissioner Moore stated that he feels uncomfortable about changes the Commission may want to make regarding the bulk water portion of this plan due to the business he is in.

 

It was noted that Mr. Moore could have made comments during the public review portion of this and that his input could be beneficial because of the knowledge he has on the subject.

 

VOTE: YES: MINSCH, KRANICH

          NO: BOS, STORM, ZAK, SINN

 

Motion failed.

 

STORM/BOS MOVED TO EXTEND THE MEETING TIME TO 10:30 P.M.

 

There was no discussion.

 

VOTE: NON OBJECTION: UNANIMOUS CONSENT

 

Motion carried.

 

STORM/KRANICH MOVED UNDER GOAL 1 OBJECTIVE A CURRENT STATUS ADD A SENTENCE TOWARD THE END OF THE FIRST PARAGRAPH, “THE GOAL IS TO MAINTAIN THE CURRENT ISO RATING AS WELL AS THE 35 FOOT STRUCTURE HEIGHT LIMIT” AND MOVE TO NUMBER 5 ON THE NEAR TERM IMPLEMENTATION STRATEGIES.

 

There was brief discussion.

 

KRANICH/BOS MOVED TO AMEND THE CURRENT MOTION ON THE FLOOR INSTEAD OF MAINTAIN THE CURRENT RATING, CHANGE TO MAINTAIN OR IMPROVE THE CURRENT ISO RATING. “THE GOAL IS TO MAINTAIN OR IMPROVE THE CURRENT ISO RATING AS WELL AS THE 35 FOOT STRUCTURE HEIGHT LIMIT”

 

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.

 

Regarding Goal 1 Objective C Water and Sewer:

 

STORM/BOS MOVED TO MOVE LONG TERM NEED IMPLEMENTATION STRATEGY NUMBER 1 TO THE NEAR TERM PRIORITY IMPLEMENTATION STRATEGY TO BECOME NUMBER 6.

 

It was confirmed that staff would address the change in the implementation table as well.

It was expressed that it is very important for the City of Homer to start looking for another water source. Earthen filled dams have been known to fail around the country and there has been concern about the one we have. It probably wouldn’t take much of an earthquake and we would have a major problem here in Homer.

 

VOTE: NON OBJECTION UNANIMOUS CONSENT.

 

Motion carried.

 

KRANICH/ZAK MOVED TO DELETE THE LAST HALF OF THE FIRST SENTENCE AT THE TOP OF THE PAGE. “Demand for water will continue to rise as the community grows and as the outlying areas grow, since Homer’s water is hauled to residences outside city boundaries.”

 

It leaves the basic statement the same but doesn’t single out the neighbors who bring in sales tax dollars every day.

 

VOTE: NON OBJECTION: UNANIMOUS CONSENT

 

Motion carried.

 

ZAK MOVED TO REMOVE ITEM 2 UNDER IMPLEMENTATION STRATEGIES. “2. Consider limitation on the practice of water hauling outside city limits.”

 

It was discussed during the worksession about the percentage of water delivered outside City limits as a small amount in relation to the amount of water used inside City limits.

 

VOTE: NON OBJECTION: UNANIMOUS CONSENT

 

Motion carried.

 

ZAK/KRANICH MOVED TO ADD NEW ITEM 6 TO ADD UNDER IMPLEMENTATION STRATEGIES THAT WE ENACT A BETTER COST/SHARE IMPLEMENTATION PLAN FOR WATER AND SEWER.

 

Currently there is no incentive for people participate in City water and sewer. There needs to be a strategy. 

 

VOTE: NON OBJECTION: UNANIMOUS CONSENT

 

Motion carried.

 

Regarding Objective D Port & Harbor:

 

STORM/KRANICH MOVED TO CHANGE NUMBER 1 UNDER IMPLEMENTATION STRATEGIES “Upgrade or replace the harbormaster office. The harbormaster office is reaching has reached the end of its intended lifespan and is in need of an upgrade.”

There was no discussion.

 

VOTE: NON OBJECTION: UNANIMOUS CONSENT

 

Motion carried.

 

Regarding Goal 1 Objective F Storm Water:

 

STORM MOVED TO REPHRASE NUMBER 3 “Utilize ENCOURAGE THE UTILIZATION OF green infrastructure mapping as a means to identify and retain natural drainage channels and important wetlands, which serve drainage functions. 

 

There was no discussion.

 

VOTE: NON OBJECTION: UNANIMOUS CONSENT

 

Motion carried.

 

It was noted for the record regarding discussion at the worksession under Objective D current status it describes a thousand boat stalls and it had been discussed that they reference the year the data was pulled as a bench mark and on page 54 to change the number to percentage of the City budget.

 

STORM/SINN MOVED TO ADD AN ADDITIONAL NEAR TERM IMPLEMENTATION STRATEGY UNDER STORM WATER CONTROL SIMPLY TO ENCOURAGE THE USE OF ONSITE STORM WATER INFILTRATION MANAGEMENT.

 

It is tying into the long term needs and calling out an immediate need to encourage onsite storm water management for pervious surfaces.

 

VOTE: NON OBJECTION: UNANIMOUS CONSENT.

 

Motion carried.

 

Regarding Goal 1 Objective H Administration:

 

KRANICH/BOS MOVED TO ADD AT THE TOP OF PAGE 55 THE FIRST SENTENCE IN DELETED BOX ON PAGE 77 “THE CITY MANAGER’S OFFICE IS RESPONSIBLE FOR OVERALL ADMINISTRATION, INCLUDING BUDGET AND FINANCE, PLANNING AND ENFORCEMENT OF ORDINANCES AS WELL AS IMPLEMENTATION OF POLICY DIRECTED BY THE CITY COUNCIL.” 

 

That sentence sets out the tone that our City has a strong City Manager type of administration.

 

VOTE: NON OBJECTION: UNANIMOUS CONSENT

 

Motion carried.

 

STORM/SINN MOVED TO REMOVE THE FIRST SENTENCE UNDER THE IMPLEMENTATION STRATEGY. “The City is moving forward on building a new City Hall with the goal of having a new facility in 2009.”

 

There was no discussion.

 

VOTE: NON OBJECTION: UNANIMOUS CONSENT

 

Motion carried.

 

Regarding Goal 2 Objective A Solid Waste

 

STORM/BOS MOVED TO ADD NUMBER THREE UNDER IMPLEMENTATION STRATEGIES UNDER SOLID WASTE TO “THE CITY TO WORK WITH THE BOROUGH ON DEVELOPING FUTURE STRATEGIES FOR WASTE DISPOSAL AND/OR A NEW LANDFILL SITE.

 

There was no discussion.

 

VOTE: NON OBJECTION: UNANIMOUS CONSENT

 

Motion carried.

 

As staff makes changes and additions they will update the implementation process.

 

Under education on page 58 the middle of the middle paragraph may need to be revised regarding the funding received by the University to acquire and remodel the Homer City Hall.

 

Chair Minsch requested the Commission get new copies as they are revised.

 

STORM/ZAK MOVED TO ADOPT THIS CURRENTLY REVISED DRAFT OF CHAPTER 6.

 

There was discussion about the procedure for going through the public hearing process for the plan.

 

VOTE: NON OBJECTION: UNANIMOUS CONSENT

 

Motion carried.

 

STORM/BOS MOVED TO POSTPONE ITEM B UNDER PENDING BUSINESS AND ITEM A UNDER NEW BUSINESS TO THE NEXT REGULARLY SCHEDULED MEETING OF THE HOMER ADVISORY PLANNING COMMISSION.

 

There was no discussion.

 

VOTE: NON OBJECTION: UNANIMOUS CONSENT

 

Motion carried.

 

B.       Staff Report PL 08-110, Comprehensive Plan Review of Chapter 7

 

 

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 08-112, Draft Parking Ordinance Amending HCC 7.12m, Off street Parking

 

INFORMATIONAL MATERIALS

 

A.       Letter dated October 2, 2008 from Frank Griswold to the HAPC regarding the HAPC Worksession of October 1, 2008

 

B.       Kenai Peninsula Borough Staff Report for the Double “O” Ranch Preliminary Plat

 

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.

 

Chair Minsch congratulated Mr. Zak and said they will really miss him. She hopes that his being on the City Council will facilitate a better working relationship with this group and Council.

 

Commissioner Zak said it has been a pleasure serving on the Commission and feels that there are some real talented folks on the Commission now. Having been on the Commission he knows it isn’t easy, you put in a lot of time, and learn a lot. He will miss being here but is looking forward to moving on.

 

Commissioner Moore wished Mr. Zak good luck on the Council. He said he didn’t believe he had a conflict of interest on the conditional use permit tonight. The dollar amount didn’t fit what is in code. He does a lot of business with a lot of people and talks to a lot of people. He asked if staff could include the Commissioners when mailing out the Public Hearing notices so they are aware of what is coming up, so they know who to avoid in conversation.

 

Commissioner Kranich thanked Mr. Zak, wished him good luck, and said the experience here will be valuable at the Council level.

 

Commissioner Bos congratulated Mr. Zak. He commented that he felt Commissioner Moore’s input was beneficial for the water topics. He also said that the executive session was a good opportunity to share ideas.

 

Commissioner Storm wished Mr. Zak good luck.

 

Commissioner Sinn congratulated Mr. Zak. He thanked him for his encouragement to get involved and jump in with both feet.

 

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 10:58 p.m. The next Regular Meeting is scheduled for November 5, 2008 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. There is a worksession scheduled for October 22, 2008 at 6:00 p.m.

 

 

                                                         

MELISSA JACOBSEN, CMC, DEPUTY CITY CLERK

 

Approved: