Session 09-07, a Regular
Meeting of the Homer Advisory Planning Commission was called to order by Chair
Minsch at 7:02 p.m. on April 15, 2009 at the City Hall Cowles Council Chambers
located at 491 E. Pioneer Avenue, Homer, Alaska.
PRESENT: COMMISSIONER BOS, HAINA, KRANICH, MINSCH, MOORE, SINN
ABSENT: COMMISSIONER STORM
STAFF: CITY PLANNER ABBOUD
PLANNING TECHNICIAN
ENGEBRETSEN
DEPUTY CITY CLERK JACOBSEN
HARBORMASTER HAWKINS
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 w
1.
Approval of Minutes of April 1, 2009
2. Time Extension Requests
3. Approval of City of Homer Projects under
4. KPB Coastal Management Program Reports
5. Approval of Draft Decision and Findings
regarding a Request for a Conditional Use Permit at 1002 Ocean Drive Loop for
more than one building containing a permitted principle use on a lot per HCC
21.12.030(n)
KRANICH/BOS
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
1. Staff
Report PL 41, City Planner’s Report
City
Planner Abboud reviewed the 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 09-39, Draft
Comprehensive Plan: Chapter 5 through End and Ordinance 09-XX, Adopting the
2008 Homer Comprehensive Plan and Recommending Adoption by the Kenai Peninsula
Borough
City
Planner Abboud reviewed the staff report.
Chair
Minsch opened the public hearing.
Maya
Rohr and Jason Baird, members of Homer Alaska Youth for Environmental Action
(HAYEA), said that they were here to encourage that the Commission consider and
include a new chapter for the Comprehensive Plan. They suggested adding a
chapter 9 regarding energy and provided a draft for review. It was adapted from
Juneau’s Comprehensive Plan energy chapter. They believe it will help Homer get
started with new energy. The vision statement reads:
Homer
will take vigorous action to reduce energy use and greenhouse gas emissions to
save taxpayer dollars. The City will also work to diversify the energy
portfolio through clean alternative energy resources which will: 1. Strengthen
the local economy by creating jobs; 2. Improve air quality and public health;
and 3. Improve community livability. Developing sustainable energy sources that
reduce greenhouse gas emissions will mean overall long term security.
They
gave a quick overview of what the chapter includes and how it can benefit the
community.
Kyra
Wagner, said she works with the HAYEA group and is member of the Chamber of
Commerce Economic Development Committee, who she is not representing. She said
some of the insight she has gotten from the Committee shows that something like
this kind of statement in the Comprehensive Plan would really be nice to add to
the aspect of that image for Homer. The City is already looking at alternative
energy aspects with tidal energy and the sustainability handbook. It is the vision
of Homer and you can take some of the aspects that are our strengths and play
off those. It makes sense financially anyway and it also makes sense as a
movement forward for the City to have a good solid vision. She hopes the
Commission will consider the draft of the new chapter.
Nina
Faust commended the youth who brought this before them. She expressed her
agreement that an energy chapter would be good. It makes a lot of sense to
include something about energy, especially since production of energy use not
only fits into the Climate Action Plan, but it will also save the City a lot of
money if we can come up with more efficient buildings, better ways to heat and
utilize alternative that we might have available here in Kachemak Bay. She encouraged them to look closely at it and
forward it on to Council for their consideration.
Oceana
Wills, member of HAYEA and the statewide organization AYEA, said one of their
big campaigns this year is on renewable energy. They have been trying to push
for the $50 million for renewable energy into the budget. She thinks Homer has
this opportunity to become one of the forefront cities to adopt renewable
energy and really go with it. She thinks it is an important issue and thanked
the Commission.
Bill
Smith agreed with the idea of the City taking the lead on looking at energy use
in a Community wide basis. The City has already started in this direction by
applying for the grant for the tidal energy study. Someone has to pull together
the vision for the Community. He thinks the City is the one to do that.
Rika
Mouw, city resident, thanked the HAYEA group for coming before the Commission
to share their vision. Mrs. Mouw commented on page 6-10 regarding
infrastructure. One priority listed is to develop a storm water design criteria
for large parcel development. The statement in the plan encourages the
utilization of green infrastructure mapping as a means to identify and retain
natural drainage channels and important wetlands which serve as drainage
functions. She wants to re-emphasize the fact that the Comprehensive Plan is a
vision, and a guide.
Robert
Archibald commented in support of trails. He said we just cannot go wrong
having a trails system for the folks in town. He said there is a big benefit
for Karen Hornaday Park and Woodard Creek on Saturday night at Alice’s. The
money raised is to go toward grant money to help develop a master plan and go
forward with some meaningful improvements up there.
There
were no further public comments and Chair Minsch closed the public hearing.
There
was discussion regarding the energy chapter. City Planner Abboud noted that it
is a good idea to have something like this in the Comprehensive Plan. If we
were a larger city we could have been due some funds that filter down for
energy projects. One of the requirements would have been to have an energy plan
like this. If it isn’t incorporated right now it can be put up as an amendment
to the plan on a future agenda. Point was raised that a lot of the information
they provided is already in the plan. There was agreement that the Commission
would like to look at a chapter 9 regarding energy.
KRANICH/STORM
MOVED TO APPROVE COMPREHENSIVE PLAN CHAPTERS 5 THROUGH THE END AND FORWARD TO
CITY COUNCIL.
There
was brief discussion regarding moving forward with the current chapters and
taking up chapter 9 separately and provide it as an amendment to the plan.
Commissioner
Kranich noted that he would get with staff regarding some typographical errors
he encountered while reviewing the document.
VOTE:
NON OBJECTION: UNANIMOUS CONSENT
Motion
carried.
B. Staff Report PL 09-04, CUP 09-01, A
Request for a Conditional Use Permit at 1028 Skyline Drive for Public Utility
Facilities and Structures per HCC 21.12.030(g) and 21.40.060(b)
City
Planner Abboud reviewed the staff report.
David
Stringer, applicant, commented that the staff report addresses their
intentions. He explained that some of the new features Alaska Digitel will be
bringing to Alaska include mobile broadband. The advantage of a mono pole is
that it can accommodate future cellular companies which could co-locate on the
tower. The towers are designed for three carriers. Digitel’s focus of the last
few years is to be sensitive to community issues about towers. Some of the
current uses now are an antenna for the school bus radio system for Homer, and
they are in negotiations with Spit Spots, a local wireless internet service
provider, to increase their coverage area.
Chair
Minsch opened the public hearing.
Aaron
Larson, owner of Spit Spots, commented there are very few locations that
overlook Homer where you can put a tower. It makes sense as this is a site that
already has a tower, and the new tower will be more aesthetically pleasing and
be more valuable for covering the area.
There
were no further public comments and Chair Minsch closed the public hearing.
KRANICH/BOS
MOVED TO ADOPT STAFF REPORT 09-04, CUP 09-01 REQUEST FOR A CONDITIONAL USE
PERMIT AT 1028 SKYLINE DRIVE FOR PUBLIC UTLITITES, FACILITIES, AND STRUCUTRES.
The
was brief discussion.
KRANICH/BOS
MOVED TO AMEND TO ADD WITH CONDITIONS AND FINDINGS.
There
was no discussion.
VOTE
(Primary amendment): NON OBJECTION: UNANIMOUS CONSENT
Motion
carried.
There
was discussion regarding the building being set on the lot contrary to setback
requirements on two sides, which would create non conformity and the status of the
paperwork. City Planner Abboud commented that the building was built before the
area was annexed, the plat is from the 50’s and the Borough regulated setbacks
with plat notes. There were no plat notes on this lot, so it was not in
violation before it was annexed and it was accepted as non conforming.
KRANICH/BOS
MOVED TO ADD CONDITION NUMBER 2 THAT PRIOR TO ISSUING THE CONDITIONAL USE
PERMIT THE NON CONFORMITY PERTAINING TO BUILDING SETBACKS BE COMPLETED BY
STAFF.
There
was brief discussion that this is a paperwork issue that can be taken care of
in the morning, it won’t hold anything up.
VOTE:
(Primary Amendment): NON OBJECTION: UNANIMOUS CONSENT
Motion
carried.
In
regard questions about Mr. Glynn’s letter City Planner Abboud explained that
the CUP deals with a portion that was separated from the lot and the activities
that are proposed there. Activities on the other side of the road will be dealt
with accordingly.
VOTE:
(Main Motion as Amended): YES: MOORE, MINSCH, SINN, KRANICH, BOS, HAINA
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.
PENDING
BUSINESS
A. Staff Report PL 09-36, KPB-Cabana Replat
Preliminary Plat
Planning
Technician Engebretsen advised the Commission that the applicant requested this
be pulled from the agenda. The Commission recognized the request.
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 w
A.
Staff
Report PL 09-40, Definition of Caretaker’s Residence in the Marine Industrial
Zoning District
Harbormaster
Hawkins commented that the Port and Harbor took over administrative duties of
the uplands leases for the spit last year. They have been going through the
leases individually and addressing the issues as they come up. One issue is
code violations for people living on the leases, as you can only have people
living on the lease if there is a CUP as an amendment to the lease. Harbormaster
Hawkins said in review of City Code regarding a CUP, it doesn’t give any
definition of what a caretaker’s residence is. It only says it is allowed with
a CUP.
City
Planner Abboud commented when he looked at it he considered a few things:
·
Number:
It is meant for a caretaker’s residence per lot.
·
Size:
Does a caretaker mean you build a three story house and live in it? It should
support their duties, not necessarily a residence.
·
Health
& Safety Issues: Appropriate facilities need to be provided by the person
on the lot.
City
Planner Abboud noted that the marine industrial district is supposed to provide
for water dependant industrial uses, and there are things going on with
residents and their animals, storage of personal items, gardening and other
activities that don’t support the industrial uses of the district. Regarding
consistency in zoning codes, should it be allowable to permit a caretakers
residence that consists of a camper or RV, when it isn’t allowed anywhere else
in town. The caretaker’s residence is reasonable and should be on the lot in
the setbacks. He reviewed the ordinance. Their goal is to be fair and
consistent and have some explicit expectations.
Harbormaster
Hawkins commented that he tried to consider what a caretaker would do. He
thinks it would include things like watchman, specialized duties, general
maintenance, but it isn’t a primary residence or a benefit for an employee to
be able to move a trailer in for free. It isn’t a benefit, it is a job.
Discussion
ensued and Commission comments included:
·
It
needs to be a definition that can be used throughout code.
·
A
caretaker could also be considered as someone who needs to be there 24/7 for
365 days of the year and because of that, it could be considered a residence.
·
The
caretaker’s residence could be considered in relation to size the lot size.
·
In
looking at lot sizes on the spit it would be hard to justify how there could be
an additional structure on a footprint.
KRANICH/SINN MOVED TO DISCUSS
THE DRAFT ORDINANCE AND FORWARD TO THE PORT AND HARBOR COMMISSION FOR
CONSIDERATION.
Discussion continued:
·
Just
don’t allow it. No one definition will apply to every business on the spit and
there is no way to define it clearly and apply it broadly on the spit or in the
CBD.
·
Consideration
could be given to what size of a lot would accommodate a caretaker’s residence.
·
The
caretaker’s quarters could be inside a portion of the main structure and not
allow for an additional building. But then you have to get into lot size again.
·
In
looking at lot size you would have to look at the remaining lot size after the
primary structure is on it. The remaining lot space could already be designated
for something like loading or required parking.
·
When
it gets to the point that you micromanage every lot, you just don’t allow
caretaking in marine industrial. Instead you have someone who has a job and
drives out to the spit like the rest of us do when we work on the spit.
·
A
caretaker is an employee who is camping. You could make them prove that they
are on call 24 hours, but then you are getting into business operations, and
that isn’t the Commission’s job.
·
Ask
the Port and Harbor if they feel caretaker’s residences and things of the like
are even necessary out there.
VOTE:
NON OBJECTION: UNANIMOUS CONSENT
Motion
carried.
INFORMATIONAL
MATERIALS
A. Letter Dated April 9, 2009 to Darren
Williams, Refuge Chapel, from Rick Abboud, City Planner regarding CUP 07-03,
Remand
The
Commission acknowledged that they could not discuss this information as it is
the subject of an appeal. City Planner Abboud suggested that the Commissioners
who are unfamiliar with the subject could review the file. Chair Minsch noted
that the information will be available with the packet.
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.
Commissioner
Moore apologized for being absent from the last meeting. He said the Commission
did good at being beat up on, and being threatened as he heard from some of the
speaking public, which he felt was wrong. They heard a lot from the people
regarding land use, but if you don’t use a road to divide zoning, what do you
use? It seems like it is the best thing to use as it is a good barrier.
Something brought up tonight was the LID’s, people trying to get conservation
people to take the property so they don’t have to pay for LID’s on Kachemak
Drive, he would be against that. If it were ever to happen, the whole public
needs to vote on that as it is the tax payer’s money that is going on there.
Some of the property that the public spoke about would be worth more as
commercial. Out on the spit, he would like to see all public property fenced
that is being used for free. He thinks it would be good for the City to do it
because then they will lease it. There are a lot of people taking a free ride
on some vacant lots out there and it isn’t right to the tax payers or the
people who are using the property right. He thanked the Commission.
Commissioner
Kranich had no comment.
Commissioner
Haina commented that the audience discussion was good. They talked about how
swampy, and drainage, and other problems with developing some of that property
as residential. He wanted to point out that in Waikiki the real expensive
property was nothing but a swamp a long time ago, so it is possible. He thanked
Harbormaster Hawkins for bringing his information to the Commission’s attention
and hopes he is successful, even though it isn’t his job to clean up the spit.
He appreciates that the Harbormaster is taking an interest as it is long overdue.
Commissioner
Sinn felt it was a good discussion and public comments were good. He was
encouraged to see the young members of the audience get involved. He welcomed
Commissioner Moore back to the fun.
Chair
Minsch commented it will be interesting to see chapter 9 as a lot of it is already
there. She noted that the Commission handled themselves well at the last
meeting where there was all the contentious testimony. The Kachemak Drive thing
is much bigger than the Comp Plan. We are going to be getting away from the
Comp Plan and getting into other business. At future meetings they will be
stricter in following code and meeting rules.
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 w
There
being no further business to come before the Commission, the meeting adjourned
at 8:56 p.m. The next Regular Meeting is scheduled for May 6, 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: