Session 09-09, a Regular
Meeting of the Homer Advisory Planning Commission was called to order by Chair
Minsch at 7:00 p.m. on May 20, 2009 at the City Hall Cowles Council Chambers
located at 491 E. Pioneer Avenue, Homer, Alaska.
PRESENT: COMMISSIONER KRANICH, MINSCH, MOORE, SINN
ABSENT: COMMISSIONER BOS, 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.
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 May 6, 2009
2. Time Extension Requests
3. Approval of City of Homer Projects under
4. KPB Coastal Management Program Reports
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 PL09-52, 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 PO 09-48, CUP 09-03 at 173 W. Pioneer Ave, request for more than one
building containing a permitted principle use on a lot, to allow a detached
single family home to be constructed behind Northwind Homer Collections
Commissioner
Moore stated that he may have a conflict of interest and disclosed that the
financial amount does not exceed the amount outlined in code.
There
was discussion on how to proceed as there were only four Commissioners present
therefore only three could vote on the conflict. Staff and the Commissioners
were in agreement that because there were not enough Commissioners to vote on a
Conditional Use Permit (at least 5 votes are needed), then they would hold the
public hearing and take action at the next regular meeting. Commissioner Moore
was advised not to participate in any discussion that may arise.
Planning
Technician Harness reviewed the staff report.
Barbara
Scalzi, applicant had nothing to add to the staff comments. She said she has a
good design and a good builder and feels her project will enhance the
neighborhood.
Chair
Minsch opened the public hearing. There were no public comments and the public
hearing was closed.
KRANICH/SINN
MOVED TO POSTPONE ACTION ON CUP 09-03 UNTIL THE NEXT REGULAR MEETING SINCE WE
LACK FIVE MEMBERS PRESENT.
There
was no discussion.
VOTE:
NON OBJECTION: UNANIMOUS CONSENT
Motion
carried.
B.
Staff
Report PL 09-49, CUP 09-04 at 353 Grubstake, request for a reduction in the
setback from a dedicated right of way to construct a deck 10 feet in the 20
foot setback.
City Planner
Abboud reviewed the staff report.
Question
was raised to staff if the deck would have to be moved if the road was
constructed. City Planner Abboud said it probably would not have to be moved.
Further question was raised that if the road goes in it would likely have a
bike path or trail on either side of the road, which will take up some of the
right-of-way, if the deck is in the way, who would be responsible for moving
it. City Planner Abboud responded that it wouldn’t be an issue because the City
can’t put a trail through private property and it would still be 10 feet away
from the property line. Concern with the site triangle was raised.
Point
of order was made that according to bylaws, the applicant comment period and
public hearing should take place prior to questions for staff.
Wayne
Aderhold, applicant, commented that he recognized that this is a small lot when
he purchased it in 1978. They have designed a compact house and if there was
any way to avoid this they would have. About 45% of the lot is unbuildable due
to the two 20 foot setbacks. The Poopdeck Trail is very important to him; it is
a popular trail and getting more popular. The conditions on the staff report
are reasonable. He and his wife currently live across the street and will work
the parking requirement. He noted the photos in the packet that show the
relation of the deck to the setback.
Chair
Minsch opened the public hearing. There were no comments and the public hearing
was closed.
There
was brief discussion regarding the site triangle. Planning Technician Harness
referenced the drawing of the sight triangle in the packet. She noted there are
a few options for the layout of the parking on the property. She noted the
condition 2 is that there is no parking within the clear sight triangle; it
doesn’t mention anything about trees. Commissioner Moore commented that you
can’t park there because you will block the sight triangle but you can plant
trees there and block it. It seems a little ironic.
KRANICH/SINN
MOVED TO POSTPONE ACTION ON CUP 09-04 TO THE NEXT MEETING SINCE WE HAVE A LACK
OF FIVE MEMEBERS PRESENT.
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.
A.
Staff Report PL 09-50, JG Evans Tracts
Subdivision Preliminary Plat
Commissioner
Moore stated he has a possible conflict of interest. He does business with
applicant but it is under the amount out lined in Homer City Code.
The
Commission discussed conflict of interest as it is outlined in Code and in
their policy and procedures manual. City Planner Abboud said he would contact
the City Attorney for clarification in dealing with this situation
appropriately.
KRANICH/SINN
MOVED TO POSTPONE CONSIDERATION ON STAFF REPORT PL 09-50 JG EVANS TRACTS
SUBDIVISION PRELIMINARY PLAT.
There
was brief discussion.
VOTE:
NON OBJECTION: UNANIMOUS CONSENT
Motion
carried.
PENDING BUSINESS
A.
Staff
Report PL 09-51, Draft Ordinance 09-xx Small Wind Energy Systems
Planning
Technician Harness reviewed the staff report.
The
Commission had discussion to establish the criteria for allowing small wind
energy systems. They considered:
·
The
need to test soils to support larger systems to ensure they will be secure.
·
Whether
or not to allow them inside City limits.
·
Tower
height and setbacks based on height.
·
Setback
based on lot lines.
·
Blade
clearance.
·
Whether
it is allowed in the Gateway Business District.
·
Building
mounted.
·
Dealing
with abandoned or broken systems.
·
Sound
and Visual impacts.
·
Pole
types.
·
Birds.
·
Approval
from another entity like Department of Energy, American Wind Energy, etc.
·
Appropriate
notification to utility company.
·
Whether
to allow stand alone systems on vacant lots.
·
Addressing
windmill farms in the future time when HEA is buying back electric.
·
Definition
of Wind Energy System Tower.
·
Applications
in commercial districts where more kW might be allowed.
The
Commissioners agreed on the following items for consideration in the draft
Ordinance:
·
Lot
size requirement is no less than one acre.
·
Rated
at 10kW or less in residential districts. No CUP’s allowed for anything higher
in residential districts.
·
Setback
of 1.1 pole height to the lot line. The setback allows for safety of
neighboring properties.
·
Minimum
blade clearance of 20 feet between lowest point of blade to the ground.
·
One
system per lot.
·
They
will be dealt with through the office as a zoning permit, not by the
Commission.
·
No
restrictions on type of pole as mono poles are more expensive. Guy wires cannot
go over the lot line, but can be in the building set back. Not allowed in
rights-of-way or utility easements.
·
Allowable
in all districts.
·
Roof
mounted systems will require permit as well.
·
No
soil requirements.
·
It
will be permitted as an accessory use. Commissioner Moore was opposed to this
requirement.
·
Written
proof of utility notification unless it is off the grid.
·
Reference
the tower as Wind Energy System Tower, to avoid confusion with other towers.
·
A
CUP for anything over 10 kW up to 25 kW only allowed in Marine Commercial,
Marine Industrial, GC1, and GC2.
It
was requested that staff send the revised draft to HEA for their input. They would
like confirmation whether HEA can buy power back at this time and if they
require notification of a 10kW or less Small Wind Energy System being hooked to
a structure.
KRANICH/SINN
MOVED TO SEND THE DRAFT ORDINANCE ON WIND ENERGY SYSTEMS BACK TO STAFF ALONG WITH
RESULTS FROM THE DISUCSSION FOR FURTHER MODIFICATION.
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 w
A.
Election
of Vice Chair
Chair
Minsch commented that Commissioner Bos had said he would be willing to be Vice
Chair for the next two months.
KRANICH/SINN
MOVED FOR COMMISSIONER BOS AS VICE CHAIR.
There
was no discussion.
VOTE:
NON OBJECTION: UNANIMOUS CONSENT
Motion
carried.
INFORMATIONAL
MATERIALS
There
were no informational items included.
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
Moore commented that something he has seen come up tonight and in the past and
in the Community Design Manual is fences around dumpsters. What is the
difference of a green fence around a green dumpster, if the dumpster is well
kept, maintained, and painted. He doesn’t understand it.
Commissioner
Kranich and Commissioner Sinn had no comment.
Chair
Minsch expressed her appreciation for 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 w
There
being no further business to come before the Commission, the meeting adjourned
at 9:10 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: