Session 09-08, a Regular Meeting of the Homer Advisory Planning Commission was called to order by Chair Minsch at 7:00 p.m. on May 6, 2009 at the City Hall Cowles Council Chambers located at 491 E. Pioneer Avenue, Homer, Alaska.

PRESENT:      COMMISSIONER BOS, KRANICH, MINSCH, MOORE, SINN

ABSENT:        COMMISSIONER HAINA

STAFF:                   CITY PLANNER ABBOUD

                   PLANNING TECHINCIAN HARNESS

                   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.

 

Rika Mouw, city resident, commented:

·         The Comprehensive Plan Land Use Designation Map is not meant to be, nor is it, a zoning map. It is a tool for guiding future land decisions based on extensive mapping of various on the ground conditions like wetlands, drainages, steep slopes, development suitability, existing infrastructure, green infrastructure, and existing uses already in place.

·         The Commission previously stated that only public land could be designated for conservation yet there is much more land in this area that is public and therefore should be included in the Land Use Designation Map.

·         The Commission’s Land Use Designation Map does not reconcile with the many development suitability maps researched by professionals hired by the City, so the Comp Plan as now presented contradicts itself.

·         How did the Planning Commission’s Land Use Map find its way into the draft document before it has gone through the public hearing process?

·         She has concern about the process in handing the Comp Plan. Most of the discussion was held during worksessions, which are public, but no minutes are taken and therefore no record of the dialog is available. It is not understood how the Commission arrived at their recommendations. The public hearings were not well advertised, leaving a tremendous amount of professional and public input out of the community’s document.

 

Mrs. Mouw stated for the record that she believes the process has been mishandled and needs to be reviewed. She provided map supporting her second point and a copy of her comments for the record.

 

Elaine Burgess, city resident, presented five reasons marsh land surrounding the Homer Airport should not become industrial:

·         It would degrade the oceanfront residential properties resulting in disinvestment and waste of the resource. Property values would decline.

·         It would encourage traffic patterns that conflict with the growing number of recreation walkers and bicyclists that use Kachemak Drive as the connection between East End Road and the Homer Spit. Tractor-trailer trucks would not only accelerate costs of road maintenance and decay but also increase risk to cyclists and pedestrians.

·         The marsh is a vital watershed that is already being challenged by reckless unregulated drainage practices, and encroachment but the airport leading to an increase in flooding of homes and bluff erosion along Kachemak Drive.

·         The marsh is vital habitat to moose, birds and other wildlife that would, along with the residents of Kachemak Drive suffer significant noise, air, and light levels while destroying valued habitat. Once the decision is made to develop it is irreversible. The habitat cannot be restored. This also will negatively affect out oceanfront residential setting leading to property decline.

·         The benefit of industrialization serving the needs of a few is meager compared to the benefit of serving the many residents of Kachemak Drive while also protecting the natural resources that are vital to the whole community.

 

Mrs. Burgess provided a copy of her comments for the record.

 

Jan Needham, city resident, commented that she has lived on Kachemak Drive since 1975 and has had to fight three times to keep commercial from encroaching on Kachemak Drive. It destroys the value of the homes on the bluff side, and there are a lot of homes on the off water side of Kachemak Drive. To go in and suddenly tell them that their home is going to be East End mixed use and allowed to look like East End Road with the junk and everything else along there is a terrible thing to do to Kachemak Drive. Where the mixed use is, across the street from her, there are a lot of little homes coming in there, growing and expanding, and beyond that it turns in to General Commercial 2. There are three different zonings right in a row as she pointed out on the map. She suggested that Lampert Lake should be purchased for park land in the City of Homer; it would serve as an ice rink for the kids who already use it and the birds and marsh during the summer. She finds the idea that commercial has to be there next to the homes is described by words she can’t use in public. She is very disturbed by watching this. This is unthinkable for an area that is so beautiful and should have a bike path. She expressed concern regarding the drainage problems they have from the whole hillside coming down. The drainage has to be properly cared for before disrupting it and putting gravel on it, pressing down the mosses and peat underneath, preventing the natural flow. Recently there have been TV shows expressing the importance of getting through to the public how important it is to save these wetlands as they are not just there for the birds or moose, they are the filtering process of all this water that comes down. Beluga Lake used to flow through there. We must save that land for the filtering of that water.

 

Kyra Wagner, city resident, commented regarding the wind turbines. She noted that higher can be less of an eyesore and a common rule of thumb is 40 foot limit above the tree line is how high you need to be for wind power potential. She encouraged the Commission to come up with as much delineation as they can instead of a special permit when people apply to put in a wind turbine. It seems to be up and coming. A few months ago there was a wind turbine conference here. There was little advertising and many people showed up. People are interested in this, there is a business coming down from Kenai for it. The 35 foot height limit will be restrictive and that limit goes toward buildings. This isn’t something you would need a ladder truck to put out a fire for. Regarding the Comp Plan energy chapter, she encouraged the Commission to hammer it out and include it in the Comp Plan before putting up to City Council so that it doesn’t have to be rehashed on its own.

 

Annette Koth, city resident, commented she lives on Kachemak Drive right at the end of the airport. She has a letter included in the packet that talks about development around the area where she lives and hopes to continue living through her retirement years. Change is good, but a lot of change is not so good as far as changing the zoning area there. It would damper a situation where industry types could come in and take over the residential type look and feel that has been there for some time. She would hate to see the young families coming to Homer that go through Kachemak Drive and see the homes for sale there now or places they could build a home for their family. If it is zoned to become a commercial/residential type, their hopes and dreams are going to be out the door. There are reasons people move there, there is the migration of the birds that come through there. There are people there who want to keep it the way it is and not bring in big production, the greedy ones, that want to keep building and building. If that does happen because of the pressure of the water that come flowing down there from the east it will end up floating us away, as it has been trying to do since the road was built. She hates to see something that is so truly beautiful be changed for reasons that aren’t beautiful reasons. She recognizes that progress is one thing, but the places that they are thinking of changing to zone so that commercial can build, it just breaks her heart.

 

Amy Bollenbach, city resident, said she agrees with the others who have testified regarding Kachemak Drive. She commented about the drainage problems on Kachemak Drive and industrial use has exacerbated those problems. She lives across from Port Engineers and Caravan and fill has been extended to the very limits of those lots on the north side of Kachemak Drive. The diesel fumes and noise are pretty annoying for a residential area. She requested they keep as much of the area as possible in conservation or residential.

 

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 April 15, 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 and Findings regarding 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)

 

The Consent Agenda was approved by consensus of the Commission.

 

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 47, 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.

 

There were no public hearings scheduled.

 

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 plat considerations scheduled.

 

PENDING BUSINESS

 

A.       Staff Report PL 09-30, Small Wind Energy System

 

Planning Technician Harness reviewed the staff report.

 

SINN/KRANICH MOVED TO POSTPONE WIND ENERGY SYSTEMS UNTIL IT IS BROUGHT BACK BY STAFF WITH THE ADDITIONAL INFORMATION THAT WE REQUESTED.

 

Commissioner Sinn commented that in order to make better decisions they need more a little more information on sizes of blades and things of that nature.

 

VOTE: NON OBJECTION: UNANIMOUS CONSENT

 

Motion carried.

 

B.       Staff Report PL 09-33, Comprehensive Plan Forward through Chapter 4 and Land Use Map

 

KRANICH/BOS MOVED TO BRING THE COMPREHENSIVE PLAN LAND USE MAP TO THE FLOOR FOR DISCUSSION.

 

VOTE: NON OBJECTION: UNANIMOUS CONSENT

 

Motion carried.

 

The Commission discussed the mixed use portion along Kachemak Drive as shown on the land use map in the draft Comprehensive Plan.

 

Commissioner Moore commented that he would like to see the zoning changed back to the area from north of the commercial back down to the boat yard back to residential. His reasoning is because when people bought the property across the street on Kachemak Drive, the property across the street was residential. The property currently zoned as commercial, he would like to see stay that way as well.

 

Commissioner Kranich agreed with leaving what is residential, as residential up on the East End, as it is currently zoned. Leave the rest of the map as we have proposed which basically leaves the commercial as commercial and expands somewhat the conservation zoning.

 

Commissioner Moore reiterated that what is commercial on the airport side of Kachemak Drive should be left as commercial, those property owners have invested as commercial, just as those on the residential side have invested in residential.

 

KRANICH/MOORE MOVED TO AMEND THE COMPRENSHIVE PLAN LAND USE DESIGNATION MAP TO REINSITUTE RURAL RESIDENTIAL ZONING ON PROPERTIES TOWARD THE NORTH END OF KACHEMAK DRIVE WHICH WE HAD PROPOSED TO BE IN THAT EAST END MIXED USE COMMERCIAL.

 

There was discussion to review what the Commission had recommended at previous meetings and attempting to clarify the intent of the motion. Planning Technician Engebretsen outlined the area on the draft Comp Plan Land Use Map that she understood Commissioner Kranich to be referring to and he concurred she had the correct area.

 

Planning Technician Engebretsen explained that the Comp Plan consultants recommended the area be Transitional. Today it is zoned Rural Residential. The difference is Transition Zoning would allow for more density possibly in the future. She gave an example that a property owner on a Rural Residential lot with City water and sewer could subdivide down to a 10,000 square foot lot, on the flip side a property owner might have a single family home and want to have a B&B unit. The Transition Zone is intended to allow some more density but maybe have more design standards to keep a residential feel.

 

Concern was raised that the motion was unclear.

 

VOTE: NO: MOORE, MINSCH, SINN, KRANICH, BOS

 

Motion failed.

 

Commissioner Kranich requested a short break to write out the motion. Chair Minsch called for a recess at 7:53 p.m. The meeting resumed at 7:57 p.m.

 

KRANICH/MOORE MOVED TO AMEND THE COMP PLAN LAND USE MAP TO CHANGE THE PROPERTY AT THE NORTH END OF KACHEMAK DRIVE AS OUTLINED BY PLANNING STAFF TO RESIDENTIAL TRANSITION.

 

Commissioner Kranich stated that to him that reinstates what would be current zoning.

 

VOTE: NON OBJECTION: UNANIMOUS CONSENT

 

Motion carried.

 

There was brief discussion whether to forward this to council or wait for the energy chapter. Chair Minsch noted that chapters 5 through 8 have already been sent forward, they could move this forward, and then deal with the energy chapter. It will be sent to council as one document.

 

KRANICH/BOS MOVED THAT THE COMMISSION RECOMMENDS SENDING THE FORWARD AND CHAPTERS 1 THOUGH 4 AND THE LAND USE MAP TO THE COUNCIL

 

There was no discussion.

 

VOTE: NON OBJECTION: UNANIMOUS CONSENT

 

Motion carried.

 

C.       Staff Report PL 09-42, Draft Steep Slope Ordinance

 

Planning Technician Engebretsen reviewed the staff report.

 

KRANICH/BOS MOVED TO BRING STAFF REPORT 09-42 AND ACCOMPANYING DRAFT ORDINANCE TO THE FLOOR FOR DISCUSSION.

 

Discussion included:

 

·         There needs to be some clear boundaries set for the requirements of a CUP for development on a steep slope. No one here has the knowledge to look at a plan and okay it.

·         The set back is an issue. If you are building on a steep slope it is understandable to have the engineer requirements. But if you are on flat ground at the top of the hill, what is the problem.

·         40 feet is the international building code and is the standard. Another consideration is 1/3 the height of the bluff.

·         Part of the reason for the standards is to have a blanket rules that fit a lot of possibilities, for example if you were building 40 feet from the bluff and were planning to have a 10 foot basement, it might not be safe at 40 feet. 40 feet isn’t that far.

·         If there is a responsible process in place, then people could be allowed to build within the 40 foot setback.

·         If the ordinance says the development will not change the natural drainage patterns there will not be a road or driveway built on the side of a hill. Cutting into or filling a hillside will change the natural drainage pattern.

·         Line 166 setback exemptions granted by CUP. What are the conditions are considered in the CUP in that instance.

·         When we started this we were going to do a separate piece in the Sensitive Ordinance for the Coastal Bluffs.

·         Line 71 and 72, should it refer to a change in elevation rather than the change of topography.

·         Line 123 talks about the sites where you can’t do any development without a site plan approved and a zoning permit. Consideration could be given to have it say zoning permit issued.

 

KRANICH/BOS MOVED TO RETURN THE DRAFT STEEP SLOPE ORDINANCE TO STAFF FOR UPDATE AND RETURN TO THE COMMISSION.

 

There was no discussion.

 

VOTE: NON OBJECTION: UNANIMOUS CONSENT

 

Motion carried.

 

Chair Minsch called for a short recess at 8:27 p.m. for staff to prepare. The meeting resumed at 8:29 p.m.

 

D.       Staff Report PL 09-43, Draft Overslope Ordinance

 

Planning Technician Engebretsen reviewed the staff report.

 

·         There was brief discussion regarding parking. Currently the thought is that if the development is taking place on the overslope, the remaining lot area is available for parking. Input from the Port and Harbor Commission regarding parking is necessary.

·         Overslope development having direct access to the ramps is being considered as an option to have limited access to the wharf.

·         It is a good idea to bring people in the areas that are proposed. It is a good start and it makes sense.

 

MINSCH/KRANICH MOVED TO POSTPONE ACTION UNTIL IT IS 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 09-46, Draft Comprehensive Plan: New Energy Chapter.

 

City Planner Abboud reviewed the staff report.

 

BOS/KRANICH MOVED TO BRING THIS BACK AT A WORKSESSION.

 

The draft needs to be edited to be applicable to Homer and what is already addressed in the Comprehensive Plan. Point was raised that a lot of this information is addressed in the Climate Action Plan.

 

There was discussion regarding the time frame of reviewing this new chapter and getting it to Council.

 

VOTE: NON OBJECTION: UNANIMOUS CONSENT

 

Motion carried.

 

INFORMATIONAL MATERIALS

 

A.   US Army Corps of Engineers, Public Notice of Application for Permit dated April 17, 2009

 

B.   Notice of Decision of KPB Plant Committee meeting of April 13, 2009 regarding Forest Glen Subdivision, Kalie’s Addition Preliminary Plat

 

C.   Notice of Decision of KPB Plat Committee meeting of April 13, 2009 regarding Harrington Heights 2009 Preliminary Plat

 

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 said he is sorry to see Commissioner Storm go, she will be missed.

 

Commissioner Kranich concurred with Commissioner Moore. While sometimes he didn’t agree with her viewpoint it was quite often very valid. For being ultra conservative she weighed a lot of things and if they didn’t make sense all the way through she weighed them along with her personal convictions on things. It was a very good viewpoint to have involved in the Commission.

 

Commissioner Bos agreed that her view point will be missed. He thanked staff for their work and the presentations they have made.

 

Commissioner Sinn commented that Commissioner Storm was reasonably easy to work with and while sometimes she was the only dissenting view she was reasonable, cordial, and professional in discussion. He thanked the Commission and staff, it has been a tough couple of meetings and he thinks they have all done good work.

 

Chair Minsch commended the Commission. She reminded them they are moving away from the Comp Plan type of work back to Ordinance type of work with more formal business meetings. It will be on the agenda next meeting to elect a Vice Chair. She encouraged the other Commissioners to give it a try.

 

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 8:54 p.m. The next Regular Meeting is scheduled for May 20, 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: