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 HCC 1.76.030 g.

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, CMC, DEPUTY CITY CLERK

 

Approved: