Session 10-13,
a Regular Meeting of the Homer Advisory Planning Commission was called to order
by Chair Minsch at 7:00 p.m. on September 1, 2010 at the City Hall Cowles
Council Chambers located at 491 E. Pioneer Avenue, Homer, Alaska.
PRESENT: COMMISSIONERS BOS, DRUHOT, HIGHLAND, KRANICH, MINSCH, VENUTI
ABSENT: COMMISSIONER 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).
Nancy Hillstrand, city resident,
thanked the Commission for the reconsideration as it has given her time to get
a better understanding of what is happening. She provided some information to explain her
specific concerns. She explained that plat as written is that only a portion of
her property was involved in the eminent domain and the rest of her property
was not. She wants it to be as close to the original integrity of her original deed
as possible, because then the rest of her rights are not being taken away. She
has concern that some of the notes will pertain to the rest of her unsubdivided
land that was not part of the eminent domain process. She wants to ensure there
will not be more of a taking with the unsubdivided land. Ms. Hillstrand said
she better understands the vacation and doesn’t have any issue with that. She
would like the plat to reflect how clean the deed was prior to the eminent
domain. She is trying to keep the rest of her land clean from the restrictions
and encumbrances because that is a result of the taking of the four acres. It
kind of makes her a victim again, where she didn’t ask for this to happen. She
thanked the Commission again reiterating that the extra time has been helpful
to her to gain better understanding.
RECONSIDERATION
HIGHLAND/BOS MOVED TO RECONSIDER STAFF
REPORT PL 10-67, HILLSTRAND’S HOMESTEAD SECTION LINE EASEMENT AND RIGHT-OF-WAY
VACATION.
Commissioner Highland said that after
the last meeting she left with concerns and wanted to make sure that a private citizen
wasn’t wronged in some way. She said Ms. Hillstrand’s comments left her wanting
to investigate it more. It would have been more helpful to have more history of
the situation. It is a scenario where city’s go a little bit over the line on
doing some takings and she just wanted to have more information to make sure
something like that didn’t happen here.
It was noted that Ms. Hillstrand said
she did not have any objection to the vacation.
VOTE: YES: HIGHLAND
NO: BOS, MINSCH, DRUHOT, KRANICH, VENUTI
Motion failed.
HIGHLAND/KRANICH MOVED TO RECONSIDER
STAFF REPORT PL 10-66 HILLSTRAND’S HOMESTEAD PRELIMINARY PLAT.
Commissioner Highland said that she
had similar concerns as noted previously and wants to ensure that the plat
appropriately reflects that the conditions are specific to the subdivided
portion. Planning Technician Engebretsen explained that the City is happy to
create an additional plat note to specify that lots outside City limits but
inside the watershed district are only subject to the watershed rules, and not
the rest of the zoning code.
VOTE: NON OBJECTION: UNANIMOUS
CONSENT.
Motion carried.
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 August 18, 2010 regular meeting minutes
Commissioner Kranich requested the
minutes be placed under new business for discussion.
PRESENTATIONS
There were no presentations scheduled.
REPORTS
A.
Staff
Report PL 10-79, City Planner’s Report
City Planner Abboud reviewed his
report that was included in the packet.
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 10-72, Conditional Use
Permit PL 10-07, 3685 Sterling Highway for “more than one building containing a
permitted principal use on a lot” per HCC 21.12.030(n) Rural Residential
City Planner
Abboud reviewed the staff report.
John Bouman, applicant, asked for
clarification whether the deck could be 5 feet into the setback. City Planner
Abboud noted that the recommendation is for a 40 foot set back from the edge of
the porch. Mr. Bouman didn’t have any objection. He requested an opportunity to rebut after
the public hearing.
Chair Minsch
opened the public hearing.
Holly Van Pelt, city resident and
adjacent property owner, thanked the Commission. She provided the Commission
with a plan of action regarding the property. She provided written testimony
that was included in the packet. She does not want to see the CUP go forward as
she feels there are too many unanswered questions. She noted that there is a
propose subdivision of the property coming forward next week, so the 160 square
feet of property may be true today but may not be tomorrow. She does not
approve of putting the structures on a smaller lot. She added that she is part
owner of the driveway that allows access to the property and is concerned that
there are considerations that haven’t been thought about. She is concerned
about the hold harmless statements in the warranty deed because of the
increased traffic that will be created by this project and her liability as
part owner of the driveway. She is also concerned about being responsible for
50% of maintenance of the driveway and she certainly won’t be using it at a 50%
rate in relation to the proposed business. She wants to be cooperative with her
neighbor but she just found out about the project last week when notice came in
the mail and hasn’t had an opportunity to talk with the applicant about her
concerns. If it could be worked out so these are moot points, it would serve
everyone well. She hopes the Commission will consider her options so they won’t
have to butt heads and can live in harmony.
There were no
further comments and Chair Minsch closed the public hearing.
Mr. Bouman commented that he is
willing to work with Ms. Van Pelt on terms to resolve this issue and satisfy
her concerns.
BOS/HIGHLAND MOVED TO BRING STAFF
REPORT 10-72 TO THE TABLE FOR DISCUSSION.
There was no objection and discussion
ensued.
Commissioners
expressed interest in taking this up in deliberations.
Commissioner
Highland questioned if the plan for subdividing is before staff. City Planner
Abboud responded it is not. It was noted that subdivision is alluded to in the
staff report.
KRANICH/BOS
MOVED TO SCHEDULE DELIBERATIONS FOR A LATER TIME.
There was
discussion attempting to establish when they would deliberate.
VOTE: NON
OBJECTION: UNANIMOUS CONSENT.
Motion
carried.
Chair Minsch
called for a short break at 7:40. The meeting resumed at 7:45
PLAT
CONSIDERATION
No plats were scheduled for
consideration.
PENDING
BUSINESS
KRANICH
MOVED TO RE-ORDER PENDING BUSINESS TO DISCUSS THE PRELIMINARY PLAT BEFORE THE
OTHER PENDING BUSINESS.
A. Staff
Report PL 10-66 Hillstrand’s Homestead Preliminary Plat
The motion on
the floor after reconsideration passed:
KRANICH/BOS
MOVED TO ADOPT STAFF REPORT 10-66 WITH COMMENTS AND RECOMMENDATIONS.
Planning
Technician Engebretsen commented that she talked to Ms. Hillstrand and the City
is happy to add a plat note to clarify that the portions of the subdivision
outside the city are subject only to the Bridge Creek Water Shed Protection
District regulations, and note the appropriate code citation.
HIGHLAND/BOS
MOVED TO AMEND TO ADD A PLAT NOTE AS REFERENCED BY PLANNING TECHNICIAN
ENGEBRETSEN.
There was no
discussion.
VOTE: (Primary
amendment) NON OBJECTION: UNANIMOUS CONSENT.
Motion
carried.
There was
brief discussion.
VOTE: (Amended
main motion): NON OBJECTION: UNANIMOUS CONSENT.
Motion
carried.
KRANICH/BOS
MOVED TO SUSPEND THE RULES TO DISCUSS THE MINUTES NOW.
There was no
discussion.
VOTE: NON
OBJECTION: UNANIMOUS CONSENT.
Motion
carried.
There was consensus of the Commission
to amend the minutes to clarify that the items on the Consent Agenda were
approved, the recording of the meeting was inaudible, that Nancy Hillstrand
commented to the Commission regarding actions affecting her property, and to
clarify the voting process on the motions.
KRANICH/BOS
MOVED TO APPROVE THE AUGUST 18 MINUTES AS AMENDED.
There
was no discussion.
VOTE:
NON OBJECTION: UNANIMOUS CONSENT.
Motion
carried.
DRUHOT/KRANICH
MOVED TO GO INTO DELIBERATIONS RIGHT NOW ON CUP 10-07, 3685 STERLING HIGHWAY.
There
was no discussion.
VOTE:
NON OBJECTION: UNANIMOUS CONSENT.
The
Commission went into deliberations at approximately 7:56 p.m. The meeting
resumed at approximately 9:30 p.m.
HIGHLAND/BOS MOVED TO ADOPT STAFF
REPORT PL 10-72 CONDITIONAL USE PERMIT 10-07 WITH STAFF RECOMMENDATIONS AND
FINDINGS.
Chair Minsch restated the amendments
that were addressed in deliberations.
KRANICH/HIGHLAND
SO MOVED TO DELETE RECOMMENDATION TWO AND SUBSTITUTE PRIOR TO CONSTRUCTION OF
ANY IMPROVEMENTS AN ENGINEER IS TO CERTIFY ON SITE WELL AND SEPTIC SYSTEMS ARE
APPROVED BY ADEC AS PUBLIC WATER OR PUBLIC SEWER.
There was
brief discussion.
VOTE: NON
OBJECTION UNANIMOUS CONSENT.
Motion
carried.
KRANICH/BOS SO
MOVED THE MINIMUM LOT SIZE BE NOT LESS THAN 100,000 SQUARE FEET.
There was
brief discussion about adding reference to subdivision.
KRANICH/HIGHLAND MOVED TO AMEND TO ADD
“IF SUBDIVISION OCCURS” AT THE FRONT.
There was no discussion
VOTE (AMENDMENT): NON OBJECTION:
UNANIMOUS CONSENT
Motion carried.
VOTE (MOTION AS AMENDED): NON
OBJECTION: UNANIMOUS CONSENT
Motion carried.
KRANICH/BOS SO MOVED THAT IF ANY SUBDIVIDING
OCCURS OF THIS LOT OCCURS BOTH LOTS ARE TO HAVE DIRECT ACCESS TO THE STERLING
HIGHWAY VIA DOT DRIVEWAY PERMIT.
There was discussion supporting need
for direct access.
VOTE: NON OBJECTION: UNANIMOUS CONSENT
Motion carried.
Commissioner Druhot expressed that the
current access needs to be wider to accommodate two vehicles turning in and out
between the property and highway. There was discussion of the need for a wider
entrance based on the information provided.
DRUHOT/HIGHLAND
MOVED TO ADD A REQUIREMENT THAT THE DRIVEWAY BE MAINTAINED TO PROVIDE SAFE
SIMULTANEOUS INGRESS AND EGRESS OFF THE STERLING HIGHWAY.
There was no
discussion.
VOTE: NON OBJECTION: UNANIMOUS
CONSENT.
Motion carried.
B. Staff Report PL 10-78, Draft Spit
Comprehensive Plan
BOS/KRANICH
MOVED TO EXTEND THE MEETING TIME TO 10:30.
There
was no discussion.
VOTE: NON OBJECTION: UNANIMOUS
CONSENT.
Motion
carried.
The Commission started a page by page
review of the Draft Spit Comprehensive Plan. Typographical corrections were
noted as well as items that needed clarifications.
BOS/KRANICH
MOVED TO EXTEND THE MEETING TIME TO 10:45.
There
was no discussion.
VOTE: NON OBJECTION: UNANIMOUS
CONSENT.
Motion
carried.
The
Commission completed their review of the Draft Spit Comprehensive Plan.
C. Staff Report PL 10-59, Draft Rezone
Ordinance
NEW
BUSINESS
A.
August
18, 2010 Minutes
This was taken up earlier in the
meeting.
INFORMATIONAL
MATERIALS
A. City Manager’s
Report
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
There were no comments from staff.
COMMENTS
OF THE COMMISSION
There were no comments from the
commission.
Commissioner Highland asked to clarify
that on the motion to reconsider the vacation she had meant to vote no rather
than yes.
There were no other Commission
comments.
ADJOURN
There being no further business to
come before the Commission, the meeting adjourned at 10:45 p.m. The next regular
meeting is scheduled for September 15, 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.
MELISSA JACOBSEN, CMC, DEPUTY CITY
CLERK
Approved: