Session
09-13, a Regular Meeting of the Homer Advisory Planning Commission was called
to order by Chair Minsch at 7:00 p.m. on August 5, 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
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.
Terry
Yager, city resident, commented regarding his concerns about wind energy
systems in city limits. He suggested they consider wind farms which would allow
more people an opportunity to participate. He suggested they not be allowed in
City limits or make it an even playing field for all through wind farms.
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 June 17, 2009
2. Time Extension Requests
3. Approval of City of Homer Projects under
4. KPB Coastal Management Program Reports
5. Approval of Draft Decision on appeal
dated April 9, 2009 regarding Remand of CUP 07-03, Frank Griswold, Appellant
KRANICH/BOS
MOVED TO ADOPT THE ITEMS CONTAINED ON 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
City
Planner Abboud commented that the Karen Hornaday Hillside Park Master Plan had
been adopted. The City Council upheld the Commission’s decision on the
DiFrancia Appeal. The Wind Energy System Ordinance was introduced and Council
will be holding two public hearings. He advised that the Spit Comprehensive
Plan is having public meetings at the Land’s End Quarter Deck on August 13 and
September 10.
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 09-66, CUP 09-07, A Request for Conditional Use Permit for a
Restaurant in Marine Industrial district per HCC 21.30.030, at 4501 Ice Dock
Road (The Auction Block), Lot 12-c City of Homer Port Industrial No. 4
City
Planner Abboud reviewed the staff report.
Kevin
Hogan, applicant, said he had nothing to add to the written record and was
available to answer questions.
Chair
Minsch opened the public hearing.
Paul
Mackie, city resident, commented that he had no objection to this proposal. If
it were a stand alone restaurant in the Marine Industrial he would object, but
since it is a small portion of the building it doesn’t take away from the use.
The Marine Industrial zone is a small area and it needs to be preserved to
support the fishing industry.
There
were no further comments and Chair Minsch closed the public hearing.
KRANICH/SINN
MOVED TO ADOPT STAFF REPORT 09-66 AND APPROVE CUP 09-07 FOR A RESTAURANT IN
MARINE INDUSTRAIL PER HCC 21.30.030 WITH STAFF RECOMMENDATIONS.
There
was brief comment in concurrence with Mr. Mackie’s statement of the importance
of preserving the Marine Industrial District.
VOTE:
YES: MINSCH, HAINA, KRANICH, SINN, BOS
Motion
carried.
B.
Staff
Report PL 09-62, CUP 09-05, A Request for a Conditional Use Permit at 2603
Sterling Highway, Tract B Wolstenholme Subdivision for an unlisted use, Wind
Energy System (WES)
City Planner
Abboud reviewed the staff report.
Erik
Schreier, applicant’s representative, commented that he currently works for
Alaska Wind Industries, the installer of the system in this project. He said
this proposal meets all the requirements that are currently being considered,
with exception of the lot size. The parcel in question is .95 acres just shy of
the one acre minimum. The City Planner supports it. Mr. Schreier explained that
there are systems on the market that are smaller in size and could easily be
accommodated safely on a smaller lot as well as the setback restrictions. He
explained Alaska Wind Industries is locally owned and subcontracts to other
local businesses for things like concrete, excavation, electrical, and steel
fabrication. In these turbulent times he hopes this Commission would want to
encourage job growth in Homer and feels that hundreds of residents will be
excluded from participating in wind energy because of their lot size. Mr.
Kreider is willing to take on this project at his own expense in an effort to
offset his environmental footprint and for betterment of his community. He
asked the Commission to make the decision for the betterment of Homer and show
others that we support those and the environment around us.
Richard
Kreider, city resident and applicant, said Mr. Schreier covered a lot of what
he had to say. He believes wind energy systems are good for everyone. He
explained the location on the property and that it won’t be very visible and doesn’t
see that it will be a problem.
Chair
Minsch opened the public hearing.
Terry
Yager commented on behalf of Dorothy Dublirer who is the next door neighbor.
She has concern that there is quite a bit of study and legislation that went
into developing the gateway. Mrs. Dublirer isn’t against wind energy she is
just concerned as she owns a lovely home that she utilizes as a vacation rental
and the view is very important to her as it is too many people in town. He is
unsure if she is absolutely opposed to having it there, but believes she would
like to have some say so as to where it is located on the property if the
Commission and City Council chose to adopt legislation to allow wind generation
in the City Limits.
Judy
Linsco said she is also here on behalf of Mrs. Dublirer. She explained that she
is the only year round resident on the property and has been there for 5 years.
Ms. Linsco said she recognizes the need for alternative power but before
putting the horse ahead of the cart, there needs to be reasonable ordinances to
protect property owner’s rights and protect the views we all love and value.
Considerable money has been put into the property and from the main house there
is only one room from which she would not be able to see the wind turbine.
Along with the concern of ruining the view, having them along the mountains
heading up to Skyline Drive isn’t what we want to portray to people as they are
driving into Homer. There is also concern of frightening or killing the eagles
and ravens that ride the air current along the bluff there. She commented about
the success of wind farms and encouraged that consideration be given to other
opportunities to invest in wind turbines. Ms. Linsco said that Mrs. Dublirer
has already had the misfortune of having her property devalued because of a
commercial green house that was allowed to be built right along the property
line, and now she is being asked to tolerate another disruption.
Paul
Mackie, city resident and neighboring property owner, commented that the
initial thought was that they don’t want to see it and they will probably see
the top of it. At the same time we need to move forward and not be “not in my
backyard” about it. There would be objection to every single place, but if we
ever want to move forward and get out from under our energy costs, these are
the steps we have to take. He has no objection to the approval of this.
There
were no further comments and Chair Minsch closed the public hearing.
Question
was raised as to the height of the tower. City Planner Abboud clarified that
right now they aren’t deciding the CUP or how it will be developed. They would
have to stay below the 35 foot limit and that question would be raised if they
consider the CUP.
KRANICH/BOS
MOVED TO ADOPT STAFF REPORT 09-62 WITH STAFF RECOMMENDATIONS 1-6.
Commissioner
Kranich commented in support of bringing it back as a CUP and felt they could
adopt findings based on unlisted uses section in the code. He feels it deserves
more review.
Chair
Minsch stressed that she doesn’t believe it is the intention of the ordinance
that this is an unlisted use. She thinks wind energy systems are a much bigger
issue in the community. They need to be dealt with, with regulations in place
by the City Council after the full public process. This use is not similar and
is more objectionable than other uses allowed in the district.
Further
comments were made which indicated that it is premature to deal with this now.
Point was raised that the Commission agreed that they wanted more input and
would hate to feel like they let one sneak in before the process is fully
thought out and complete. This is something that affects the whole community.
VOTE:
NO: MINSCH, SINN, KRNAICH, BOS, HAINA
Motion
fails.
There
was discussion whether findings need to be adopted. City Planner Abboud
commented that Chair Minch’s statement would be appropriate in this case.
C.
Staff
Report PL 09-68, CUP 09-06, A Request for a Conditional Use Permit for “more
than one building containing a permitted principal use of a lot” per HCC
21.14.030 at 510 Waddell Street, Lot 11A, Webber Subdivision No. 7
City
Planner Abboud reviewed the staff report.
Bill
Kaehr, applicant, gave an overview of what is on his lot now and the intended
use for the property. He provided a photo of the cabin he intends to purchase,
put on the property, and complete the finish work so that it will be similar to
the duplex that is there. He explained his intent to live in the new building
and use the duplex as a rental.
Chair
Minsch opened the public hearing.
There
were no public comments and Chair Minsch closed the public hearing.
Question
was raised regarding access to the property and the condition of the cabin
being moved onto the property. Mr. Kaehr referenced the aerial photo and
reviewed the layout of the lot, the buildings, and the access. He assured the
Commission that his plan is to finish it and clean it up. There was discussion
about connection to water, sewer, and electric.
KRANICH/BOS
MOVED TO ADOPT STAFF REPORT PL 09-68 AND APPROVE CUP 09-06 WITH ELEVEN
RECOMMENDATIONS AND FINDINGS.
Comment
was made that this is infill, something they have been pushing for. There is
plenty of room on the lot.
VOTE:
YES: MINSCH, HAINA, KRANICH, SINN, BOS
Motion
carried.
Chair
Minsch called for a short recess at 8:40 p.m. The meeting resumed at 8:45 p.m.
D.
Staff
Report PL 09-65, Amending Ordinance 09-xx Wind Energy Systems (WES)
City
Planner Abboud reviewed the staff report.
KRANICH
MOVED TO PLACE STAFF REPORT PL 09-65 ON THE FLOOR FOR DISCUSSION.
There
was no objection and discussion ensued.
The
Commission had discussion regarding the statistics provided in the report.
There was agreement that they felt one acre was a good place to start and it
was forwarded on for more input from the public and input from City Council.
Comment was made to clarify that the ordinance was introduced as a starting
point for discussion. Normally when they send an ordinance forward it is to
state that it is what they think should be happening. It is different in this
case as they aren’t necessarily supporting the systems, but supporting the need
for discussion and provided a set of regulations for that discussion. This is a
big issue. Council took the lead in the importance of alternative energy and
Council needs to be the ones to provide direction. It was clarified that if the
Council does not approve the ordinance, the systems would be prohibited, or
Council could remand it back for more discussion after more public hearing.
E.
Staff
Report PL 09-64, Draft Overslope Ordinance
City
Planner Abboud reviewed the staff report.
There
was no public in the audience to comment.
BOS/SINN
MOVED TO SEND PL 09-64 TO THE CITY COUNCIL AS READ.
Discussion
included:
· The bare bones of the draft make sense.
· There are parking issues, access issues, and there are no lot lines. There are a lot of reasons for this to be troublesome, but it is a starting point for discussion on how to do this.
·
It
seems to make sense for the City to extend the lot lines down, rather than
having different sized sections along the harbor making it look like a checker
board along there with access along city lots. That is going to turn into a
confusing situation.
·
When
someone leases a section there needs to be a guaranteed easement to ensure
access for customers coming to that lot.
·
There
is a Lease Committee and policies in place to deal with the leases.
·
The
City has had a 15 foot easement along the harbor that was there primarily for
fire and safety reasons. Now it is proposed to lease it out to build buildings.
·
There
is no subdivision for this area. The City can draw out a layout one day and
then change it the next. Nothing has to be recorded or approved through the
Borough. It isn’t consistent.
·
Port
and Harbor Commission has discussed it and recommended it be forwarded to the
City Council for final approval as written.
· The overslope area has to tie in to an upland lot.
VOTE:
YES: BOS, HAINA, SINN, MINSCH
NO: KRANICH
Motion carried.
F.
Staff
Report PL 09-64, Ordinance 09-xx, Amending Title 21.41, Flood Regulations and
Adopting the 2009 Flood Maps
City
Planner Abboud reviewed the staff report.
There
was no public in the audience to comment.
There was brief discussion and point was
raised that this is mandated by FEMA and these are their recommendations.
BOS/SINN
MOVED TO ADOPT STAFF REPORT PL 09-64 AND SEND TO COUNCIL FOR THEIR APPROVAL.
There
was no discussion.
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.
There
were no plats for consideration.
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 09-63, Capital Improvement Plan
BOS/SINN
MOVED TO BRING STAFF REPORT PL 09-63 TO THE FLOOR FOR DISCUSSION.
There
was no objection and discussion ensued.
The
Commission ranked their priorities for recommendation to the City Council.
KRANICH/SINN
MOVED TO RECOMMEND THE FOLLOWING LIST TO COUNCIL FOR CONSIDERATION:
1.
Alternative
Water Source
2.
Sewer
Treatment Plant Bio-solids Treatment Improvements
3.
East
Boat Harbor
4.
Skyline
Fire Station
5.
Deep
Water Dock Expansion
6.
Port
and Harbor Building
VOTE:
NON OBJECTION: UNANIMOUS CONSENT
Motion
carried.
B.
Staff
Report PL 09-69, Public Sign Code Amendment
City
Planner Abboud reviewed the staff report.
KRANICH/BOS
MOVED TO REVIEW STAFF REPORT PL 09-69 AND MOVE THE ORDINANCE FOR PUBLIC HEARING
AT THE COMMISSION LEVEL.
There
was discussion clarifying the differences between public building signs and
private business signs and that the purpose of the ordinance is for both to
have the same regulations.
MINSCH/KRANICH
MOVED TO AMEND TO ADD BACK THE STRIKEN PORTION OF LINE I.
Chair
Minsch referenced the City installed sign off the Sterling Highway heading
toward Beluga Lake that exceeds the height limit. The signs installed by the
City need to meet the same regulations as private signs.
There
was brief discussion that public signs should have the same standards as
private signs.
VOTE:
NON OBJECTION: UNANIMOUS CONSENT
Motion
carried.
BOS/MINSCH
MOVED TO AMEND LINE I THAT PUBLIC SIGN DESIGN AND PLACEMENT BE SUBMITTED TO
PLANNING AND ZONING RATHER THAN THE PLANNING COMMISSION FOR REVIEW.
Point
was raised that there aren’t that many public signs and it provides another
opportunity for public input.
VOTE:
YES: BOS
NO: KRANICH, HAINA, SINN, MINSCH
Motion
failed.
KRANICH/MINSCH
MOVED TO STRIKE ITEM C.
There
was brief discussion that it explains what the code requires and the change in
the definition of public signs.
VOTE:
NO: BOS, MINSCH, HAINA, KRANICH,
SINN
Motion
failed.
There
was no further discussion on the main motion as amended.
VOTE
(amended main motion): YES: MINSCH, HAINA, KRANICH, SINN, BOS
Motion
carried.
C.
Staff
Report PL 09-70, Dirt Work
Chair
Minsch noted that there was extensive discussion with staff during the
worksession and asked if there is consensus that they want more worksession
time on this draft ordinance.
KRANICH/BOS
MOVED TO SEND STAFF REPORT PL 09-70 AND THE ASSOCIATED DRAFT TO STAFF FOR
FURTHER CLARIFICATION.
Commissioner
Sinn commented that he would like clarification on the way to determine a
difference between what is large in commercial and dictate storm water plans
and site drainage plans as opposed to an owner builder who hires his own dirt
guy, and trying to find that separation so we don’t regulate a homeowner into
an expensive and costly deal.
There
was discussion that it is situational and there are models that are all over
the board. Chair Minsch noted that this is not a judicial decision and it would
be acceptable to get some feedback from dirt contractors, and bring the
information back to the worksession for discussion.
VOTE:
NON OBJECTION: UNANIMOUS CONSENT
Motion
carried.
INFORMATIONAL
MATERIALS
There
were no informational items provided.
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
Haina had no comment.
Commissioner
Sinn said good work, staff brought them good information. They have a lot of
work ahead of them and he is looking forward to it.
Commissioner
Bos said he felt like they got a lot of stuff done tonight.
Commissioner
Kranich said he is glad to be back. It was an interesting meeting tonight and
he feels like they accomplished something.
Chair
Minsch commended the Commission on their job tonight and commended staff on
their staff report.
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 9:40 p.m. The next Regular Meeting is scheduled for August 19, 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: