Session 09-15, a Regular Meeting of the Homer Advisory Planning Commission was called to order by Chair Minsch at 7:00 p.m. on September 16, 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

PUBLIC WORKS DIRECTOR MEYER

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 2, 2009

2. Time Extension Requests

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

4. KPB Coastal Management Program Reports

KRANICH/SINN MOVED TO ADOPT THE CONSENT AGENDA.

There was no discussion.

VOTE: NON OBJECTION: 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 09-81, City Planners Report.

City Planner Abboud reviewed his staff report and reviewed actions at the September 14, 2009 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 09-78, Appeal of an Enforcement Order at 501 Soundview Avenue

There was discussion that the applicant’s representative requested this hearing be postponed to the first meeting in October.

KRANICH/BOS MOVED TO POSTPONE STAFF REPORT PL 09-78 UNTIL BROUGHT BACK BY STAFF.

There was no discussion.

VOTE: NON OBJECTION: UNANIMOUS CONSENT

Motion carried.

B. Staff Report PL 09-77, Bunnell’s Subdivision (Sutton/Cups) Petition to vacate a right-of-way.

City Planner Abboud reviewed the staff report.

Attorney Dan Westerburg, commented as the representative for Dave and Jen Olsen, owners of property impacted by the request for the dedication. Mr. Westerburg gave an overview of the previous events from the Planning Commission’s action in 2006 that resulted in the right-of-way being vacated and a public utility easement taking its place. It was explained that the Borough had requested modified plat to show the appropriate changes. Jerry Anderson was the surveyor and when he amended the preliminary plat, he incorrectly labeled the right-of-way being vacated as a public use easement, instead of a public utility easement. The error was not discovered until after it went through the Borough platting process. Mr. Anderson acknowledged his error, but to correct it, it is required that the plat go through the appropriate process to be corrected. Mr. Westerburg said that Surveyor Gary Nelson prepared the new plat and they are requesting the Commission approve this vacation and substitute the public use easement in place of the public utility easement.

Chair Minsch opened the public hearing.

Gary Nelson, project surveyor, commented that he noticed 2 mistakes in the testimony. Mr. Abboud referred to it at one point as an access easement, which is incorrect as it is recorded as a public use easement. At one point in Mr. Westerburg’s testimony he got crossed up and used the terms in reverse order, public use easement and public access easement, as they apply. He noted for the record that it was agreed by the Planning Commission that it should be a public utility easement. It was recorded in error as a public use easement. This action is to vacate the public use easement and have a public utility easement put in its place.

Karin Marks, city resident, is an adjacent property owner. She commented that during the process several years ago she was in agreement that there would be utility, not a usage or a road. She noted that both properties need parking and a right-of-way dumping out on this part of Pioneer Avenue is too close to the two existing sections. That is why the utility easement was a better fix.

Dave Olsen, property owner, commented that this comes down to one word that was mistakenly written down. The sale of lot 53 A1 to Mr. Sutton and reconfiguring it with the flag line down to Pioneer Avenue was so that he could utilize that lot for his needs. It was land locked. They originally has first right of refusal to purchased the two lots, but only needed one for parking. The action allowed Mrs. Marks to keep her parking, as Swatzell Street would have taken most of it out. Swatzell Street coming down to Pioneer was too close to the other street to generate that much traffic. He asked the Commission to approve what has already been approved.

Chair Minsch closed the public hearing.

Mr. Westerburg noted that if the parties had known it was going to be a public use easement it would never have been approved. It took months to come up with this plan and the whole deal was premised on the fact that there would be a public utility easement.

KRANICH MOVED TO ADOPT STAFF REPORT PL 09-77 WITH COMMISSION RECOMMENDATIONS THAT THE PUBLIC USE EASEMENT BE VACATED AND REPLACED WITH A PUBLIC UTLITY EASEMENT AS RECOMMENDED BY THIS COMMISSION WHEN REVIEWED ON MAY 17, 2006.

Commissioner Kranich gave brief history of events leading to the decision for the 30 foot utility easement.

Chair Minsch said she will support the motion but requested staff set up a worksession with the Commission and Public Works so they can get a better understanding of this process. She does not agree with what happened, the Commission should have followed the staff report and Public Works as those are the rules that are in place. She suggested scheduling a worksession will help them get a better understanding of the rules, and how the water sewer map, and road and transportation maps, and how they play into the process.

VOTE: NON OBJECTION: UNANIMOUS CONSENT

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(S), Bayveiw Gardens Ireland Addition Preliminary Plat

City Planner Abboud reviewed the staff report.

There was question regarding the staff report PL 06-69(S) eliminating all the recommendations of the original staff report PL 06-69.

Public Works Director Meyer commented his position would be that when a property owner comes in to subdivide a piece of property, gain the value associated with that, part of the platting process is to come before a public board to determine if it is in the best interest and if there are things that should be done in the best interest of the community in exchange for that value gained. It is reasonable to argue that if Homer City Code says a house must be connected to the sewer line, if it is within 200 feet of the sewer line. He is not sure how to argue that the Planning Commission doesn’t have a right to make it a condition of the increased density that is now going to occur at a location.

City Planner Abboud said that the substitute staff report is not disregarding the comments in the previous report, just that it can be enforced regardless of this platting action. The sewer connection to the house can be enforced through City code. He sees it as a different issue than the subdivision.

Gary Nelson, project surveyor, and Colette Ireland, applicant, addressed the Commission. Mr. Nelson said the staff report is right on and straight forward. He commented that years ago the DEC tried to place their authority over a subdivision action and plat review, over the objection of many. The DEC got their way and had laws enacted to put them in charge of reviewing and approving plats to ensure people had proper waste water disposal. After a few years they realized they had made a mistake and stopped doing it. As Mr. Abboud explained, there are other ways of enforcing those requirements, not as part of the subdivision process.

Ms. Ireland added that the previous owner spent $75,000 on the lawn and there is a DEC approved septic. Connecting to the sewer will devalue the property considerably. Part of the reason for purchasing the property was this lawn. It is a quite an expensive part of the property and why she would like to keep the DEC approved septic on the home.

There were no public comments.

The motion on the floor that was postponed from the meeting prior-

KRANICH/SINN SO MOVED TO ADOPT STAFF REPORT PL09-69 BAYVIEW GARDENS IRELAND ADDITION PRELIMINARY PLAT WITH STAFF RECOMMENDATIONS.

There was discussion about how to deal appropriately with the main motion and address the substitute staff report.

KRANICH/BOS MOVED TO POSTPONE ACTION ON PL STAFF REPORT 09-69 INDEFINITLY.

There was brief discussion.

VOTE: NON OBJECTION: UNANIMOUS CONSENT.

There was a short recess at 8:03 p.m. to allow Commissioner Kranich time to establish wording for a new motion. The meeting resumed at 8:10 p.m.

KRANICH/SINN MOVED TO ADOPT STAFF REPORT 09-69(S)

There was discussion that all other matters covered in the previous staff report are covered by city code and not part of platting action.

VOTE: YES: HAINA, SINN, BOS, KRANICH

NO: MINSCH

Motion carried.

PENDING BUSINESS

There were no pending business items scheduled.

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 09-80, Policies and Procedures Manual

City Planner Abboud reviewed the staff report.

There was brief discussion that this should come to a worksession first.

KRANICH/BOS MOVED TO RESCHEDULE ACTION ON STAFF REPORT 09-80 TO A WORKSESSION AT OUR NEXT MEETING AND ON THE AGENDA AS BROUGHT BACK BY STAFF.

There was brief discussion.

VOTE: NON OBJECTION: UNANMOUS CONSENT

Motion carried.

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 Sinn commented that he attended the Spit Comp Plan public meeting. It was informative and there were some good suggestions. It will be interesting to see the plan when it comes back.

Commissioner Bos said it is wonderful to be back.

Commissioner Haina welcomed Mr. Bos back.

Chair Minsch reiterated her request for a worksession with Public Works regarding issues with rights-of-way and re-platting. She commended everyone on their work tonight.

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 8:26 p.m. The next Regular Meeting is scheduled for October 7, 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: