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 HCC 1.76.030 g.

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 will accept testimony or a presentation on agenda items that involve an applicant (such as acceptance of a non conformity).

 

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 will appear on the agenda following “adjournment”.

 

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, CMC, DEPUTY CITY CLERK

 

Approved: