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
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,
Approved: