Session 04-24 a Regular Meeting of the Homer Advisory Planning Commission was called to order at 7:10 p.m. on November 17, 2004 by Chair Chesley at the Homer City Hall Council Chambers located at 491 E. Pioneer Avenue, Homer, Alaska.
PRESENT: COMMISSIONERS CONNOR, FOSTER, PFEIL,
CHESLEY, HESS, LEHNER
ABSENT: COMMISSIONER BARTLETT (excused)
STAFF: CITY PLANNER MCKIBBEN
DEPUTY CITY CLERK JACOBSEN
A quorum is required to conduct a meeting.
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.
A. Time Extension Requests
B. Approval of City of Homer Projects under HCC 1.76.030 g.
C. KPB Coastal Management Program Reports
D. Commissioner Excused Absences
The agenda was amended to switch item E. and item B under Commission Business. The amended agenda was approved by the consensus.
Commission approves minutes, with any amendments.
A. Approval of the Special Meeting of September 23, 2004 minutes.
The Special Meeting Minutes of September 23, 2004 were corrected and approved by consensus of the Commission.
B. Approval of the Regular Meeting of October 20, 2004 minutes.
The Regular Meeting Minutes of October 20, 2004 were corrected and approved by consensus of the Commission.
C. Approval of the Special Meeting of October 27, 2004
The Regular Meeting Minutes were approved by consensus of the Commission.
The public may speak to the Planning Commission regarding matters not on the agenda. The Chair may prescribe time limits. Public comment on agenda items will be heard at the time the item is considered by the Commission. Presentations must be 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 or presentation.
The Commission conducts Public Hearings by hearing a staff report,
hearing public testimony and then acting on the Public Hearing items. The Chair may prescribe time limits. The Commission may question the public.
A. Staff Report PL 04-93 Re: Request for Approval Of A Lot to Contain more than 8,000 Square Feet Of Building Area as Permitted by HCC 21.48.040 (d) Located at 299 East Bunnell, Tract B, W.R. Benson Sub, Lot 6.
City Planner McKibben read the findings from Staff Report PL 04-93 into the record.
Greg Sekanic, Refuge Manager of Alaska Maritime National Wildlife Refuge said the staff report described what is being proposed and asked if there were any further issues the Commission would like him to speak to. Commissioner Hess asked how the Refuge would be moving their equipment back and forth, what the parking arrangement would be and if there were any plans for the Islands and Ocean Visitor Center to increase current parking. Mr. Sekanic said they have small bobcat for snow removal. It has a four-wheel track, lights and emergency flashing equipment, is road ready and small enough to be driven on the sidewalk if it were clear. He said the parking would primarily be enough for a couple of vehicles to park while moving equipment, but not for storage of other vehicles. Mr. Sekanic stated that the current parking is adequate for their regular use. There have been two previous events that parking needs exceeded what was available and they dealt with it by opening up more parking and working with neighboring properties. They are watching the situation and if the need arises will contact the City to develop additional parking.
Commissioner Hess commented that he has seen people parking down by the trail on Bunnell and said that while some of that parking is probably related to Two Sisters Bakery, he asked Mr. Sekanic if they had considered developing parking there for people using the trail to walk up to the Islands and Ocean Visitor Center. Mr. Sekanic said they were not considering developing any parking there because they don’t want to disturb any more of the wetlands. Mr. Sekanic commented that a walking trail along the backside of the property to connect them with the Old Inlet Bookshop and the Homer Chamber of Commerce would work well. He also said that he appreciated the Staff efforts on the issue.
PFEIL/FOSTER MOVED TO ACCEPT STAFF REPORT PL 04-93 WITH RECOMMENDATIONS.
Commissioner Hess suggested putting a few parking places off Bunnell by the trail. The other Commissioners were opposed saying that there is room for parking in the Islands and Ocean parking lot or people could park at Bishops Beach and walk up.
VOTE: YES: FOSTER, CONNOR, PFEIL, CHESLEY, LEHNER, HESS
Motion Carried.
B. Staff Report PL 04-96 Re: Vacation of Twenty Foot Alley Right-of-Way Located Between Lot 90 and Lot 95 of Oscar Munson Subdivision with Dedication as a Pedestrian/Utility Easement.
Commissioner Hess reported a possible conflict of interest due to a business relationship between his company, Puffin Electric, and the applicant. He said he has substantial contracts with Jay-Brandt General Contractors, but they are not related to the subject property.
VOTE: YES: CHESLEY, LEHNER
NO: PFEIL, CONNOR, FOSTER
A majority of the Commission agreed that Commissioner Hess did not have a conflict of interest.
Commissioner Connor declared that she had a conflict of interest, as she is the owner of a neighboring property that physically borders the property in question.
VOTE: YES: PFEIL, HESS, FOSTER, CHESLEY, LEHNER
The Commission agreed that Commissioner Conner did have a conflict of interest and was asked to step down for the public hearing.
City Planner McKibben read Staff Report PL 04-96 into the record.
Chair Chesley asked for clarification of Public Works request of additional width to the 20-foot easement. City Planner McKibben said that Public Works requires 40 feet for the easement to accommodate the proposed sewer LID. She acknowledged Public Works Director Meyer nodding his head yes in agreement to her reply.
Bob Brandt asked to clarify that the letter from Seabright Surveys dated 9/2/04 in the meeting packet was intended to be deleted because it does not correctly describe the applicant’s position. He said their motivation is to access city water fronting on Lot 90 on Ocean Drive Loop for their building site, not to disturb the wetland on the front lot and to have home on one lot instead of two. He said it benefits the City in that the revised lot will conform to the rules for Rural Residential lot size, they will be adding developed private property to the tax rolls and will be providing permanent protection to the wetland by preventing a future dwelling being built on the front lot, based on his understanding of the one dwelling per lot rule. The cost to the City is that they only have to give up an undeveloped vehicular alleyway. Mr. Brandt said he intends to provide the utility easements and any pedestrian easements and that there is not foot traffic on the alleyway at this time. He commented that he wants to access the sewer through the alleyway and water through the front of Lot 90 on Ocean Drive Loop. He would like to add a wooden walkway above the wetlands across the lot and put a heat-traced utilidor for the water line under the walkway so they won’t have to dig into the wetland. The home site will be on the back of Lot 95.
Commissioner Hess clarified that the right of way and the lot lines will go away. City Planner McKibben said they will have to go through the platting process to re-plat into one lot and the utility pedestrian easement will be shown, this action is not a part of the platting process just getting approval for the vacation.
Gary Nelson, project surveyor with Ability Surveys, said it was his understanding that this action is in conjunction with the plat action and asking for the vacation will enable them to file a plat that shows this as one lot. He said that it is normally done in one action and asked that it be done in one action tonight. City Planner McKibben said she had understood that these are two actions and the staff report speaks to that. Ms. McKibben said that it was advertised for this meeting as a Public Hearing for Vacation of an Alley Right-of-Way and not as a re-plat, so they would not be able to take action on the re-plat until it is advertised as such. Chair Chesley clarified with Mr. Nelson that because he was not the original surveyor, he had not presented a letter specifically requesting the action he wanted to put before the Planning Commission and perhaps that is where the confusion came from.
Public Works Director Meyer commented that there are other utilities that have rights with in this alley and a second step of coming back with a plat would accomplish that. Mr. Meyer said that he did not believe that the City would develop this alley way unless the owners requested it and with the lots fronting a developed 60 foot right of way there is no particular need for the alley. Unless an alley is the only access to a parcel of land, they are generally not developed. Mr. Meyer said that installing a sewer line along Ocean Drive Loop would only provide service to lots on the north side of the road. He said the other side has sewer service so a main in on that right of way wouldn’t be cost effective. By installing the sewer in the alley, it will serve the lots more cost effectively and the neighborhood has supported using the easements rather than clearing trees out in front of the homes. Mr. Meyer said they are still surveying the site and haven’t determined how much of an easement they will need. Once it is determined they will have to approach each property owner. Public Works Director Meyer said the new trails plan does not show any trails down the corridor but when the vacation was discussed in a neighboring area there was concern that they could become pedestrian corridors in the future and the applicant proposed the pedestrian easement in their application.
Michael Kennedy, property owner along the alleyway, said that there will still be a utility corridor and the lots aren’t big enough to subdivide once the water and sewer are in. He doesn’t see a problem vacating the vehicular part of the easement as long as there is still pedestrian access.
Chair Chesley confirmed with Mr. Brandt that he wanted to delete page 107, the letter from Seabright Surveys. Mr. Brandt agreed because the letter incorrectly represents their purpose.
LEHNER/HESS MOVED TO ADOPT STAFF REPORT PL04-96 WITH STAFF RECOMMENDATIONS.
Commissioner Hess commented to Borough Code 20.28.170 that it might be a good idea during the platting action to go before HEA to say we are going to do this, but he did not believe it is required to go before the other utilities for an okay to do the vacation. City Planner McKibben said part of the Borough process for reviewing right of way vacations is that they obtain comments from the other utilities and those are included in their staff report to the Borough Platting Subcommittee.
VOTE: YES: LEHNER, HESS, CHESLEY, FOSTER, PFEIL
Motion carried.
Commissioner Connor returned.
C. Staff Report PL 04-97 Re: A Resolution of the City Council of Homer, Alaska Renaming Cowles Way to Hidden Way Within the City of Homer as Requested by the Property Owners.
City Planner McKibben read Staff Report PL 04-97 into the record.
Sally Oberstein, resident on Cowles Way, said that the street name is a point of frustration and it would be simple to live on a street with a name that would work for people when saying it and easy to spell when hearing it. She said there had been a neighborhood meeting to decide on a name and they have confirmed with the Borough to ensure Hidden Way is an acceptable street name with the Borough.
FOSTER/PFEIL MOVED TO ACCEPT STAFF REPORT PL 04-97 WITH STAFF RECOMMENDATIONS.
VOTE: YES: LEHNER, HESS, FOSTER, CHESLEY, CONNOR, PFEIL
Motion carried.
D. Staff Report PL 04-98 Re: Bayview Gardens Raspberry Court Vacation No. 2 Subdivision Preliminary Plat.
City Planner McKibben read Staff Report PL 04-98 and a Memorandum from Fire Chief Painter Re: Raspberry Court vacation into the record.
Gary Nelson, project surveyor with Ability Surveys, read one of the petitioners written comments into the record. The three lots on the east and south of Raspberry Court are owned by the Sitengas and are serviced by their own paved road. Neil Bergt owns the parcel to the west of the proposed vacation and uses Fireweed Ave. as his driveway access. Howard Cloud and Leah Evans own Lot 6A on the proposed plat. They are probably the only ones to use this right of way and are in favor of this vacation. There is unnecessary long-term expense to the City to develop and maintain the dead end street that is not wanted or needed by the property owners involved. The spring of 2004 the intersection of Fireweed Ave and its intersection with East Hill was a serious problem with potholes and break up. Public Works Director Carey Meyer was wonderful in responding to the problem but his hands are tied with other problems in the City, so again why would anyone want an additional dead end street to add to maintenance costs and time that is not needed. Another point is that HEA doesn’t like to have roads close to their power lines and that is the case with this right of way. Mr. Nelson commented on the memo from Fire Chief Painter and read the proposed easement language into the record:
The vacated right
of way within Lots 2A-1A, 4-A1 and Tract 6A is dedicated as an easement for
ingress and egress only of public agency emergency response and for egress,
ingress, drainage and driveway maintenance for the residents and invited guests
of said lots and including Tract 5A.
Mr. Nelson said they felt that would satisfy Mr. Painter’s concerns and additionally give egress, ingress, drainage and driveway maintenance to the right residents involved over the vacated area. Mr. Nelson also commented that on the Staff Report under analysis it says that the City of Homer is mandated to meet the requirements of the State adopted International Fire code and read the remainder of the 3rd paragraph of the Staff Report analysis. City Planner McKibben said her understanding is that an individual can put in a driveway that meets the requirements to be accessible by an emergency apparatus; or a distance of more than 150 feet can be approved if precautionary measures, for example, adding sprinklers, are taken by the property owner. She said it only applies to new subdivisions.
Al Lamendola commented that this vacation will simplify things and everyone involved wins. The property owners all want it, the utilities stay the same, and the City won’t have to maintain it and the Fire Department is happy with the paved road he built down to the structure on the Sitenga’s property. He also said the City has great Director of Public Works and he does a great job. Public Works Director agreed that it is a win/win and it is true that the City won’t have to build or maintain the right of way. Chair Chesley said that there are four bullet comments in the Staff Report that were not included in the Staff Recommendations and asked Mr. Meyer if he wanted those included, to be adopted with the Staff Report. Mr. Meyer said he would like those included.
CONNOR/FOSTER MOVED TO ACCEPT STAFF REPORT PL 04-98 WITH STAFF RECOMMENDATIONS.
LEHNER/PFEIL MOVED TO ADD BULLETED RECOMMENDATIONS FROM PUBLIC WORKS AS STAFF RECOMMENDATIONS AND BE ADDED AS NUMBERS 3,4,5 & 6.
VOTE: YES: UNANIMOUS CONSENT
Motion Carried
LEHNER/FOSTER MOVED THAT STAFF RECOMMENDATION 2 TO SAY: PLAT NOTE - THE VACATED RIGHT OF WAY WITHIN LOTS 2A-1A, 4-A1 AND TRACT 6A IS DEDICATED AS AN EASEMENT FOR INGRESS AND EGRESS ONLY OF PUBLIC AGENCY EMERGENCY RESPONSE AND FOR EGRESS, INGRESS DRAINAGE AND DRIVEWAY MAINTENANCE FOR THE RESIDENTS AND INVITED GUESTS OF SAID LOTS AND INCLUDING 5A.
VOTE: YES: UNANIMOUS CONSENT
Motion carried.
VOTE (main motion): YES: FOSTER, CHESLEY, LEHNER, PFEIL, HESS, CONNOR
Motion carried.
Chair Chesley called for a recess at 9:05 p.m. The meeting resumed at 9:11 p.m.
E. Staff Report PL 04-99 Re: Request for a Conditional Use Permit, CUP #04-16/Mug Bay - Request for Drive-Thru Establishment as Permitted by HCC 21.48.030(d), Located at 111 West Pioneer Avenue, Kranich Subdivision Lot 73-A.
City Planner McKibben summarized Staff Report PL04-99 for the record.
Chair Chesley recommended for consideration that subject business is permitted outright in the Central Business District. He said he didn’t believe it was the Commissions intent to require a drive through window go through a Conditional Use Permit process. It was his recommendation that they consider not taking action on the staff report, and recognizing the work that staff has done, refunding the fee for the Conditional Use Permit to the applicant and have the applicant pay a zoning permit fee to the City. The analysis that the City has done on the site plan and traffic plan meet the intent of what the Commission was hoping to achieve. Commissioner Hess said HCC 21.48.030 n. is under Conditional Uses but seems like it should be under Permitted Uses. City Planner McKibben said the Code could use some work to specifically address drive thru windows and requirements for stacking and signage that would be specific for that type of development.
FOSTER/LEHNER MOVED THAT STAFF REPORT PL 04-99 BE WITHDRAWN AND THE $500 CONDITIONAL USE FEE BE REFUNDED TO THE APPLICANT IN EXCHANGE FOR THE APPLICANT PAYING FOR A ZONING PERMIT APPLICATION FOR A COMMERCIAL ESTABLISHMENT AND THE STAFF APPLY THE ANALYSIS TO THE ZONING PERMIT.
VOTE: YES: PFEIL, CONNOR, HESS, FOSTER, CHESLEY, LEHNER
Motion carried.
Mary Marshall thanked the Commission and said that Planning Technician Eggertsen-Goff did an excellent job with the Staff Report and she really appreciates it.
The Commission hears a report from staff, testimony from applicants and the public. The Commission may ask questions of staff, applicants and the public.
A. Staff Report PL 04-100 Re: Yah Sure Subdivision No. 1 Preliminary Plat
City Planner McKibben read Staff Report PL 04-100 into the record.
Gary Nelson, project surveyor with Ability Surveys, said he had two exceptions requested in his submittal letter that City Planner McKibben did not address. Ms. McKibben apologized for the omission and said the first exception would be to HCC 22.10.040.a., subdivision improvement requirements, to which she said they have previously determined that the vacation of a lot line is not a subdivision so staff is not opposed to giving exception to that. The second exception is to HCC 22.10.051 and Ms. McKibben said that Public Works had no comment regarding the size of the easement; staff would not be opposed to this exception either. Mr. Nelson thanked Ms. McKibben for commenting to his requested exceptions.
FOSTER/PFEIL MOVED TO ACCEPT STAFF REPORT PL 04-100 WITH STAFF RECOMMENDATIONS.
Commissioner Hess asked about the status of the freestanding sign on the second lot. City Planner McKibben said she had not discussed it with Mr. Walker yet and intended to address it when the lot is re-platted. Chair Chesley confirmed that it could be addressed when Mr. Walker applies for his zoning permit. Commissioner Pfeil asked if Mr. Walker will be charged twice, $500 for Conditional Use Permit and $250 for the zoning. City Planner McKibben said yes.
VOTE: YES: UNANIMOUS CONSENT
Motion carried.
The Commission hears a report from staff, testimony from applicants and the public. 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.
A. Staff Report PL 04-94 Re: Request To Amend Site Plan For Garage To Include Attached Entry Way And Submit A Mitigation Plan In Bridge Creek Watershed Protection District At 1170 Queets Circle, Lot 18 Block 3 Of Kelly Ranch Estates.
City Planner McKibben recalled for the Commission that Mr. Carroll had come to the Planning Commission for a determination for allowing construction on an impervious surface coverage and the Commission determined that it was appropriate. After Mr. Carroll worked with his contractor they came up with a design that would require a location of the garage partly on currently undeveloped property. Mr. Carroll said he would be willing to remove and equal amount of impervious coverage from the parking pad so the total area of impervious coverage would not change. She read the Staff Recommendations into the record.
City Planner McKibben said that the mitigation plan that Mr. Carroll has proposed is very similar to one previously approved by the Planning Commission.
Mr. Carroll said he understands that he cannot have new impervious coverage unless he removes some old to keep the total impervious coverage the same. He said he submitted a mitigation plan as it had been recommended last time he spoke with the Commission.
HESS/FOSTER MOVED TO ACCEPT STAFF REPORT PL 04-94 WITH STAFF RECOMMENDATIONS.
There was no discussion or opposition.
VOTE: YES: UNANIMOUS CONSENT
Motion carried.
Commissioner Hess thanked City Planner McKibben for bringing this issue to the Commission. City Planner McKibben asked the Commission if in the future, exchanging impervious coverage would be acceptable and wouldn’t necessarily need to come before the Commission. She said that it is not addressed in the code. Commissioner Foster said that in the BMP guide that they have been discussing the Commission may want to consider a ratio that might work because he would be hesitant to say it is okay every time.
E. Staff Report PL 04-84 Re: Transportation Plan - Continuing.
Chair Chesley recognized members of the audience waiting to give feedback to the Planning Commission regarding the Transportation Plan.
Ginny Espenshade, a city resident at 566 Rainbow Court, said she is thankful for the opportunity to talk to the Commission at this early stage of the process. She believes that there is an overall concern about how the different values of our community are being weighed. She received a lot of comments against putting through roads in residential, pedestrian type neighborhoods. Two people she spoke to who are in favor of it live on East Hill Road and said there is a real problem at the bottom of East Hill. She wondered if anyone had considered putting a left turn lane at the bottom of East Hill, so the Paul Banks parents can wait their turn, the rest of the people who are turning towards town can go, and it would keep a continuous traffic flow. She thinks that is something that could be tried before drastically altering the character the neighborhoods of Elderberry and Mountain View Drive. Ms. Espenshade said that is the only area in town that has neighborhood trick or treating every year. Ms. Espenshade said that goals 4,5,6 & 8 in the Transportation Plan seem to be very relevant to the plan to bring traffic through the residential neighborhood. This is a pedestrian neighborhood there are kids walking to school, seniors walking, people walking their dogs, it is one of the few trails that people can use to walk from one place to another. She said she uses it everyday and it is a true connecting trail and she doesn’t know what the plan would do to that. She said the mitigating factors don’t minimize the impact, they mitigate the impact and the plan says that it should minimize the impact on residential streets. She hopes the Commission will look at other alternatives to try first. She said the concern is about the double traffic volume in the summer but this area is a high traffic volume in the school year. Ms. Espenshade said some of the models the City has for Homer’s traffic situation may not be valid because our traffic is not only seasonal, it is also based on the school situation and this change would very much impact the access to the high school by pedestrians. She said she would be willing to take anyone along the trail and show them that it is a neighborhood trail. Chair Chesley said that to summarize her points of concern she would like to see the Commission emphasize the goals listed in 2,4,5,6 & 8 minimizing impact in residential areas, minimize by pass and through trips on residential streets and recognize the needs and provisions for the walking citizens. Ms. Espenshade said she didn’t think they needed sacrifice their service goals for the impact goals.
Francie Roberts, a city resident who resides on Mountain View Drive, said she wanted to talk about the same issue. She is concerned that the Transportation Plan includes the east/west bypass plan to connect East Hill Road to the Mountain View area. She said the Commission needs to remember the neighborhood and connecting East Hill to this neighborhood is a damaging plan. There are people who drive to their neighborhood to walk around for exercise, the Homer High School uses the trail for cross country skiers and for track and she is concerned about the safety in the area. Ms. Roberts said she had read the Comprehensive Plan and wonders what the justification is for this connection when you look at the underlying goals of the plan. Like Ms. Espenshade had commented she said that widening the lane at the bottom of East Hill Road for a turn lane to move traffic would alleviate a lot of the problem. Ms. Roberts also is concerned about her tax dollars being spent to build a road through the terrain in that area. She said she has read the Non Motorized Transportation and Trail Plan (NMTTP) that has been adopted and discovered that a lot of her neighborhood has walking and hiking trails and wonders why they adopted a plan that says this is an area that is safe to walk around in and now are talking about making it a major east/west thorough fare. She thanked the Commission for their time
Paul Gavenus, a city resident who lives at 566 Rainbow Court, said one morning he counted 11 kids in five minutes walking along the trail to the high school. He said if you put a road there, some one is going to get hurt. The roads aren’t always clear and it is dark in the winter. He said there is already a bottleneck at the bottom of Heath and Pioneer every time school lets out. In the year 2022, the bottom of East Hill is still a C classification and Heath Street is an F so it doesn’t make sense to bring more traffic from East Hill Road down to Heath and Pioneer which is already one of the worst places. People won’t do that they will go through Mountain View and down Main Street, which is also an F. It would be better to have people come down East Hill and have a turn lane so people coming to town can go to the right. He said it conflicts with goals 3,4,5,6, objective 8, 2 & 7 in the Transportation Plan. Mr. Gavenus thanked the Commission for staying late to talk about this.
Lou Stewart, a city resident residing on Noview, said he doesn’t live in the impacted area and said if more people knew what is going on with the Transportation plan there would be more people speaking out. Mr. Stewart stated that he is an advocate for trails and would like to see the NMTTP that was adopted by the City Council move forward and offer that as some options for creating roads. There is no Commission or Subcommittee presently addressing trails or taking the NMTTP further. He would like to urge the Commission to integrate the NMTTP to the Transportation Plan.
Chair Chesley said he had someone from the public call him and shared the same comments as the others tonight and one of the big concerns in Homer is addressing the bottom of East Hill Road.
Chair Chesley told City Planner McKibben that the maps need to be corrected and available to the public prior to a Public Hearing. The Commission agreed to continue to discuss this at the December 1, 2004 Worksession and scheduled two Public Hearings for the Transportation Plan on the following dates, December 1, 2004 and January 5, 2005.
B. Staff Report PL 04-95 Re: Review and Approval of Planning Commission 2005 Meeting Schedule.
The Commission discussed the meeting schedule for 2005 and decided that there would be no meeting on July 6, 2005 and December 21, 2005. A Special Meeting may be scheduled if needed.
C. Staff Report PL 04-101 Re: Proposed Resolution Amending the Homer Advisory Planning Commission Bylaws and Procedures Manual.
Chair Chesley suggested moving this topic to a Worksession. City Planner McKibben said that the Policy and Procedures Manual has to be amended because of the Code amendments that have been made. It has to be introduced and a Public Hearing scheduled. She said she had spoken to the Commission previously about taking out some of the redundancy between the manual and the Homer City Code, which Planning Assistant Guyton has started doing, but has not completed yet. Ms. McKibben said she thought it was a two-step process by adopting the changes that have been made and staff would continue to work on it.
FOSTER/CONNOR MOVED TO HAVE A PUBLIC HEARING REGARDING AMENDMENTS TO THE PLANNING POLICY AND PROCEDURES MANUAL ON DECEMBER 1, 2004.
VOTE: YES: UNANIMOUS CONSENT
Motion carried.
D. Staff Report PL 04-72 Re: Commission Work List – Continuing
City Planner McKibben said that the owners Northern Enterprises Boatyard had re-submitted a letter they had originally submitted back in 2003 requesting the Commission evaluate the zoning in that district to see if it really fits. She suggested the Commission create a priority for that on the work list. Chair Chesley asked that their letter be added to the next packet. Commissioner Hess said he would like to add HCC 21.48.030 n. to the work list for discussion.
F. Staff Report PL 04-56 Re: Review of HCC 21.42 Zoning Permit- Continuing
City Planner McKibben commented that she worked with Commissioner Hess on the Zoning Permit language and City Manager Wrede took a copy to City Attorney Tans at the AML Conference. Mr. Tans sent City Planner McKibben his comments and they are working on some details. Chair Chesley asked to keep it on Commission Business so they can review it before a Public Hearing.
A. Borough Report
Commissioner
Foster had no Borough Report
B. Kachemak Bay Advisory Planning Commission Report
City Planner
McKibben said that her comments had been discussed during the other topics.
Chair Chesley
commented that he wrote a congratulatory letter to City Planner McKibben and
Planning Technician Eggertsen-Goff. The
establishment that he worked at had a sign that was in violation for the
Residential Office District sign code and they worked with the owner to come
into compliance and another sign popped up in the district that was even
larger. The owner of that business had
been uncooperative in some ways then an opportunity came along where the owners
were doing some modifications that required a zoning permit. That provided an opportunity for the
Planning Department to get some leverage and get the situation into compliance.
Items listed under this agenda item can be HCC meeting minutes, copies of zoning violation letters, reports and information from other government units.
Commissioner
Hess asked about the status of Mike Arno who is filling a lot on
Sprucewood. City Planner McKibben said
that he had come in and talked with staff about what he was doing and when he
started reaching the threshold for a DAP he would come back and get a zoning
permit. Ms. McKibben said they aware of
what he is doing, he has been cooperative with staff, and they will continue to
monitor it and make a site visit if needed.
A. Informational letter dated October 13, 2004 to Robert Simcoe re: 2169 Aspen Lane, Bear Creek Heights Subdivision Unit 2, Lot 24 - Zoning Permit.
B. Informational letter dated October 20, 2004 to Peter & Melissa Arno re: 1005 Skyline Drive, Lot 4, Skyline View Subdivision.
C. Zoning Violation letter dated October 21, 2004 to Randy Arndt, Twin Peaks Construction re: Lot 2 Bluff Park Subdivision No. 4, 671 Sterling Highway – abatement of violations required.
City Planner McKibben said the Planning Department had issued a general permit for fill but won’t issue a zoning permit until the violation is cleaned up. It was indicated that the property owner would start clearing up the property when their equipment is done on other jobs and comes back to town.
D. Zoning Violation letter dated October 25, 2004 to Tony & Diane Romeril re: 1172 East End Road, Dierich Add. Subdivision No. 3, Lot 1-A – Zoning Permit required.
E. Zoning
Violation Table
F. Zoning Violation letter dated October 20, 2004 to Peter J. and Melissa Arno re: 1005 Skyline Drive – Zoning Permit required.
G. Compliance with requirements of CUP 99-03 Homer Flex School letter dated October 29, 2004.
H. Zoning Violation letter dated November 1, 2004 to Lise K. and Valdis I. Kirsis re: Structure encroaching onto two neighboring parcels, Lot 1 and Lot 7.
I. November 2004 Calendar
J. Zoning Violation letter dated November 9, 2004 to Jessica Tenhoff re: 389 Grubstake Avenue – Lot contains building area in excess of 30 percent of the lot area.
K. Zoning Violation letter dated November 9, 2004 to Cindy Koch re: RV at 4535 Homer Spit Road, Jean Keene’s residence – CUP needed.
L. Zoning Violation letter dated November 9, 2004 to John & Margaret C. Chapple re: RV at 4535 Homer Spit Road, Jean Keene’s residence – CUP needed.
M. Zoning Violation later letter dated November 9, 2004 to Charles Stewart re: 5660 Katie Jean Circle – Zoning Permit required.
City Planner McKibben said that Mr. Stewart was building with out a zoning permit. When he got he zoning permit, Planning Technician Eggertsen-Goff did not do the impervious coverage calculations so she is trying to get Mr. Stewart to come back to take care of that.
City Planner McKibben said that a while back she had given the Commission applications for the American Planning Association and no one returned anything to her. Iif anyone is interested she needs them back so the money can be expended before the end of the year. The Commissioners said they would get their information back to her.
Members of the audience may address the Commission on any subject. The Chair may prescribe time limits.
There were no audience comments.
Commissioners may comment on any subject, including requests to staff and requests for excused absence.
Commissioner Pfeil said he was driving down the by-pass and was blinded by the glaring lights in the McDonald’s parking lot and wondered what was going on with them. City Planner McKibben said she would look into that. She said if the lights are new, then they have to comply with the lighting requirements.
Commissioner Lehner commented that she had problems with the email on the Planning website when she was trying to email the Commissioners. She said they are waiting for additional funding to continue the booklet she had discussed with the Commission at the October 27 Special Meeting.
Commissioner Hess said that there is a zoning issue that he is curious about regarding Bob Cousins property and that it would be nice to know what is going on there. Chair Chesley said it appears that he is engaged in vessel storage, motor vehicle storage and retail operation. He said he is not sure that all of it is legal and as it continues to grow it warrants looking into. Another spot they will need to keep an eye on is at the Lighthouse Village where they have the perpetual garage sale primarily in the summer. That area is DOT right of way and there has been discussion of leasing that right of way for additional parking for the spit trail. Chair Chesley asked to add instigating an application to DOT to lease that right of way for expanded parking for spit trail users to the work list.
Commissioner Foster thanked City Planner McKibben for attempting to streamline the meeting and recommended that she come up with a form of the bare minimum items she needs to read. He asked if she are required to read the staff reports since there is a hard copy in the record. Commissioner Foster said they are working on the second workshop in the Coastal Dynamic series, which is Flood Plains, Linking Policy to Science and it will be held in Seward on March 31 and April 1, 2005.
Chair Chesley said in an effort to streamline meeting it would be good to have the agenda for the Planning Commission meeting on the City web page and eventually the whole packet to help keep the public informed.
Commissioner Connor commented on the islands that were added to the Sterling Highway. She said it is unfortunate because it was a good idea but they are so badly placed, they are ugly, and there is no handicap access. Now the in the idea of islands for pedestrians, people will use these as an example and they are a bad example. Chair Chesley said the islands were a response by the City Council and the Road Standards Committee providing comment to DOT on a project that was in progress and while it is not an elegant design, it is the first step in a journey. He recommended giving comments to the Road Standards Committee and see if they can make specific recommendations because they are going to be doing future upgrades. Commissioner Connor thought a turn lane at the bottom of East Hill was a really good idea.
Chair Chesley thanked everyone for their work and for a great meeting.
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 11:30 p.m. The next Regular Meeting is scheduled for December 1, 2004 at 7:00 p.m. in the City Hall Council Chambers. There will be a Special Meeting on December 8, 2004 at 6:00 p.m. in the City Council Chambers
MELISSA JACOBSEN, DEPUTY CITY CLERK
Approved: