Session 09-14, a Regular Meeting of the Homer Advisory Planning Commission was called to order by Chair Minsch at 7:00 p.m. on September 2, 2009 at the City Hall Cowles Council Chambers located at 491 E. Pioneer Avenue, Homer, Alaska.

 

PRESENT:      COMMISSIONER HAINA, KRANICH, MINSCH, SINN

 

ABSENT:        COMMISSIONER BOS

 

STAFF:                   CITY PLANNER ABBOUD

                   PLANNING TECHNICIAN ENGEBRETSEN

                   DEPUTY CITY CLERK JACOBSEN

 

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 July 1, 2009 and August 5, 2009                        

2.       Time Extension Requests

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

4.       KPB Coastal Management Program Reports

5.       Draft Decision and Findings for an Application for a Conditional Use Permit per HCC 21.30.030 for a restaurant in the Marine Industrial district, at 4501Ice Dock Road, The Auction Block                                                               

6.       Draft Decision and Findings for an Application for a Conditional Use Permit per HCC 21.14.030(l) for ‘more than one building containing a permitted principle use on a lot’ at Lot 11-A, Weber Subdivision No. 7, 510 Waddell Street   

7.       Draft Decision and Findings for an Application for an unlisted use, to erect a wind energy system (“WES”) at 2603 Sterling Highway, Tract B Wohlstenholme Subdivision                  

KRANICH/SINN MOVED TO ADOPT THE CONSENT AGENDA.

 

There was no discussion.

 

VOTE: NON OBJECITON: UNANIMOUS CONSENT

 

Motion carried.

                  

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.

 

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- Staff Report PL 09-76, City Planners Report.

 

City Planner Abboud reviewed his staff report.

 

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 09-72, Remand of Ordinance 09-19, Rezone thirty (30) parcels from Urban Residential to Residential Office

 

City Planner Abboud reviewed the staff report.

 

Tarri Thurman, Boardmember for the Kachemak Bay Family Planning, commented that it has been interesting talking to the community about this rezone. There have been a few that aren’t so supportive, but a majority of the people she has spoken to are glad. She encouraged the Commission to do their best to consider it and send it on to council. Regarding affect to the neighborhood, small business owners want their places to look nice and attractive, so she thinks this will enhance the neighborhood and add the transition that is needed between the CBD and RO. She said she has enjoyed working on this project; she thanked the Commission for their time. 

 

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

 

KRANICH/SINN MOVED TO ADOPT STAFF REPORT 09-72 WITH STAFF RECOMMENDATIONS.

 

There was brief discussion about the few parcels that were not included. It was explained that they were not included because those few properties are facing Lakeside Court rather than Lakeside Street.

 

It was noted that the information in the staff report addresses the points brought up by the City Attorney regarding the remand.

 

VOTE: YES: MINSCH, HAINA, KRANICH, SINN

 

Motion carried.

 

B.           Staff Report PL 09-67, An Ordinance of the City of Homer City Council to Amend Homer City Code 21.60.040 Public Sign Definition and Deleting 21.60.097 (k) and (l)

 

City Planner Abboud reviewed the staff report.

 

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

 

There was brief discussion clarifying that the amendment is that signs at public buildings will not require a public sign permit.

 

KRANICH/SINN MOVED TO ADOPT STAFF REPORT PL 09-67 INCLUDING THE DRAFT ORDINANCE AND FORWARD TO CITY COUNCIL FOR INTRODUCTION AND PUBLIC HEARING.

 

There was no discussion.

 

VOTE: YES: MINSCH, HAINA, KRANICH, SINN

 

Motion carried.

 

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.

 

A.           Staff Report PL 06-69, Bayveiw Gardens Ireland Addition Preliminary Plat

 

Planning Technician Engebretsen reviewed the staff report.

 

There was discussion regarding the setback in the flag of the lot. Gary Nelson, surveyor, commented that typically building setbacks aren’t addressed in the flag.

 

Gary Nelson, surveyor, commented regarding the desire for an exception to the requirement for a sewer permit. He pointed out that HCC 13.24.040 has a provision which may allow the Public Works Director to waive the requirement for the sewer permit. He explained the existing house has a DEC approved septic system and the owner is hoping to keep it that way.

 

Collette Ireland, applicant, explained that the lawn of the house consists of about $75,000 worth of landscaping and installing the sewer line would entail digging up the lawn. She would like to avoid that if at all possible. She explained that the stub is on lot 1B and would have to be run to 1A.

 

 

 

Chair Minsch called for a motion to adopt staff report PL09-69 Bayview Gardens Ireland Addition Preliminary Plat with Staff Recommendations.

 

KRANICH/SINN SO MOVED.

 

There was discussion about staff recommendation three is to comply with Public Works comments. Question was raised whether adopting that would tie the subdividers into having to hook up to the sewer. It was suggested the action be postpone until the applicant can discuss this further with Public Works.

 

KRANICH/SINN MOVED TO POSTPONE THIS STAFF REPORT UNTIL BROUGHT BACK BY STAFF.

 

There was no discussion.

 

VOTE: NON OBJECTION: UNANIMOUS CONSENT.

 

Motion carried.

 

PENDING BUSINESS

 

A.   Staff Report PL 09-73, Draft Grading and Filling

 

The Commission discussed this at the worksession.

 

KRANICH/SINN MOVED TO POSTPONE UNTIL BROUGHT BACK BY STAFF.

 

There was no discussion.

 

VOTE: NON OBJECTION: UNANIMOUS CONSENT.

 

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, 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 09-74, Election of Officers

 

Chair Minsch was nominated as Chair and Commissioner Kranich was nominated as Vice Chair. There was no objection voiced.

 

INFORMATIONAL MATERIALS

Items listed under this agenda item can be HCC meeting minutes, copies of zoning violation letters, reports and information from other government units.

 

A.           Memorandum dated August 26, 2009 to HAPC from Thomas Klinkner, City Attorney regarding Remand of CUP 07-03

 

 

COMMENTS OF THE AUDIENCE

Members of the Audience may address the Commission on any subject.

 

There were no audience comments.

 

COMMENTS OF THE COMMISSION

Commissioner Kranich had no comment.

 

Commissioner Haina apologized for missing the worksession.

 

Commissioner Sinn congratulated Chair Minsch and Commissioner Kranich.

 

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 8:00 p.m. The next Regular Meeting is scheduled for September 16, 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, CMC, DEPUTY CITY CLERK

 

Approved: