Session 05-11, a Regular Meeting of the Homer Advisory
Planning Commission was called to order by Vice Chair Hess at
PRESENT: COMMISSIONERS: HESS, CONNOR, FOSTER, LEHNER, PFEIL, KRANICH
ABSENT: CHESLEY (excused)
STAFF: CITY PLANNER
MCKIBBEN
DEPUTY CITY
CLERK JOHNSON
PUBLIC WORKS
DIRECTOR MEYER
A quorum is required to conduct a
meeting.
APPROVAL OF AGENDA
AND ADOPTION OF 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.
A. Time Extension Requests
B. Approval of City of
C. KPB Coastal Management Program Reports
D.
Commissioner
Excused Absences
The agenda was
approved by consensus of the Commission.
APPROVAL OF MINUTES
Commission
approves minutes with any amendments.
A.
Approval of
The Regular Meeting Minutes of
PUBLIC COMMENT, PRESENTATIONS
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 are 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.
PUBLIC HEARINGS
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.
City Planner McKibben said at the
prior public hearing on the re-plat of the
FOSTER/LEHNER- MOVED TO GRANT APPROVAL OF STAFF REPORT PL 05-59 TO GRANT APPROVAL OF THE VACATION OF THE RIGHT-OF-WAY ON THE NORTH 65.5 FEET OF BARTLETT STREET BETWEEN LOT 1 BLOCK 8 AND LOT 2 BLOCK 7 FAIRVIEW SUBDIVISION.
VOTE: YES. FOSTER, CONNOR, PFEIL, LEHNER, KRANICH, HESS.
Motion carried.
B. Staff
Report PL 05-60 Re: Request
For A Conditional Use Permit, Cup #05-10 McGreenery
For Approval Of A Reduction In The Setback From A Dedicated Right Of Way
As Permitted By HCC 21.48.040 (B) (4)
At 445 Grubstake Avenue, Lot 2, Block 11, Glacier View Subdivision.
A letter from Jay-Brant General Contractors as laydown information was provided to the Commissioners. City Planner McKibben summarized the staff report.
Laura Patty, city resident, opposes the setback stating there was no reason for the variance. She owns the adjoining lot and will have a 70 foot trailer outsider her window. Although they are only asking for five extra feet from the variance, once it is in place and a deck built it will be too large of a structure for the existing lot.
Vice Chair Hess clarified this was not a variance. City Planner McKibben explained there is a 20 ft. setback requirement from ROW’s and the applicant is requesting less than a 20 ft. setback. The Homer City Code (HCC) allows for a reduction of the setback from the ROW.
Tom McGreenery, applicant, said he was in the
process of purchasing the property from Ken Castner. The 5 ft. of stairs and 4 ft. porch will
create no additional noise or disruption.
He asked that the reduction in the setback be granted, as it is allowed
in the commercial district. Mr. McGreenery provided the Commission with photos depicting the
front and side view of the porch and stairs.
He explained the trailer is a single wide 14 ft. x 70 ft., the lot is 100
ft. deep, and there is a 10 ft. setback for utility easement and 20 ft. setback
from the ROW. The arctic entry is flush
with the front of trailer. The porch and
stairs would go 9 ft. in the 20 ft. setback.
Mr. McGreenery concluded the trailer is
attractive, allowed in the district, and staff recommended approval.
Ruthe Schoder-Ehri lives across the street and would
prefer real houses to pre-fab units.
FOSTER/PFEIL – MOVED TO ACCEPT
Staff Recommendations and Findings:
Staff recommends
approval of the conditional use permit.
21.61.020 Prior to granting a conditional use permit, it
shall be established that the use satisfies the following conditions:
A. The use is consistent with the purpose
of Chapters 21.28 through 21.70 and the purpose of the zoning district.
Finding: The use is consistent with the
purpose of the zoning code as it complies with a conditionally permitted use
per HCC 21.48.040 (b) (4). This is an
area of mixed residential and commercial uses.
The addition of the mobile home is consistent with the surrounding land
uses in this neighborhood. HCC 21.48.020
(p) allows mobile homes, subject to the requirements set forth in HCC 21.61.080
(g) (1) and (g) (2).
B. The
value of the adjoining property will not be negatively impacted greater than
that anticipated from other permitted uses in
this district.
Finding: The value of surrounding properties will not be negatively impacted
with the addition of a mobile home that will be used as a single-family
residence. HCC 21.48.020 (p) permits mobile
homes, subject to the requirements set forth in HCC 21.61.080 (g)(1) and (g)(2);
within the Central Business District (CBD).
The allowance of an artic entry and staircase extending into the usual
20-foot setback will enhance the site for the future residents of the home the
applicant proposes to place on the lot. The requirements for mobile homes in
the CBD include:
1. The mobile home shall contain sleeping accommodations, a flush toilet,
a tub or shower and kitchen facilities, with plumbing and electrical
connections provided for attachment to outside systems.
2. The mobile home shall be fully skirted and if a single-wide unit,
shall be tied down with devices that meet State standards.”
The applicant has stated that he will comply with all the items listed in
HCC 21.61.080 g. 1 and 2. In addition to
the stated requirements for sleeping accommodations, sanitary and kitchen
facilities, as well as the plumbing and electrical connections and skirting and
tie downs he will install the arctic entry and a 16 foot by 14 foot wood deck
and a chain link fence as further improvements to the property.
C. The proposed use is in
harmony with the community plan and with surrounding land use.
Applicant response: “Both
the Comprehensive Plan and the surrounding land uses allow for a single family
residence – mobile home. Numerous other
mobile homes exist in Glacierview Subdivision.”
Finding: The
Comprehensive Plan Update states “The City shall encourage infilling of the
area planned and zoned as CBD prior to contemplating enlarging the zoning
district.” Homer City Code 21.48.010
Purpose states: The district is also intended to accommodate a mixture of
residential and commercial uses with conflicts being resolved in favor of
business.” Single family residences,
including mobile homes, duplexes and multiple-family dwellings are permitted
uses within the Central Business District.
Existing surrounding land uses are made up of single family and
multi-family residences, mixed use, residential/commercial business and vacant
land.
D. Public services and
facilities are adequate to service the proposed use.
Finding: Public services and
facilities are adequate to service the proposed residence as city water and
sewer are available. Electricity is
available and will be connected to the residence.
E. In evaluating the above-mentioned conditions,
consideration was given to the harmony in scale, bulk, coverage and density, to
the harmful effect, if any, upon desirable neighborhood character, to the
generation of traffic and the capacity of surrounding streets and roads, and to
any other relevant impact of the use.
Applicant Response: no effect
Finding: The proposed addition of a
mobile home residence will not add a significant amount of traffic to the
neighborhood. The proposed structure is
of a scale in harmony with surrounding uses, and the density of development on
the lot is consistent with the requirements of HCC 21.48.
F. Any
and all specific conditions deemed necessary by the Homer Advisory Planning
Commission to fulfill the above mentioned conditions shall be met by the
applicant. Such conditions may include
but are not limited to, requiring control of ingress/egress, fences, time
limitations, etc.
Applicant
Response: b) fences and walls: plan to build small rock retaining wall and a
5 foot chain link fence on south lot line
c) surfacing of
parking area: gravel
k) time
period within which the proposed use shall be developed: 1 – 6 months
all
other items, not applicable
Finding: The
above proposed development includes use of some existing materials at the site
for a retaining wall and five foot chain link fence along the south lot
line. The retaining wall and fence, as
well as the gravel parking area are acceptable site development methods.
G. Buildings
shall comply with building codes adopted by the State of
H. Building
and site development shall conform to the City of
Finding: The
Design Manual, except for outdoor lighting, does not apply to residential uses
of less than twelve residential units.
All outdoor lighting associated with the new residence will comply with
the requirements of HCC 21.49.080.
Commissioner Foster said the reasoning behind
the CUP (conditional use permit) process is to produce a friendly pedestrian environment
in the Central Business District, and the walkway in the setback does just
that. City Planner McKibben added that the
stairway will be 11 ft. from the ROW and will not intrude in the visibility of passing
vehicles. The 4 ft. porch and 5 ft.
stairway are a minor intrusion and mobile homes are allowed in the district.
Commissioner Connor commented that the porch
could be rearranged and set to the side.
She said the value of the adjoining properties could be negatively
impacted.
VOTE: YES. PFEIL, CONNOR, LEHNER, KRANICH, HESS, FOSTER.
Motion carried.
PLAT CONSIDERATION
The Commission
hears a report from staff, testimony from applicants and the public. The Commission may ask questions of staff,
applicants and the public.
LEHNER/KRANICH – MOVED TO ACCEPT
Staff Recommendations
1. Dedication of a 30-foot right-of-way creating half the south
extension of
2. Show access to a utility easement per HCC 22.10.051.
City Planner McKibben read the staff report and recommendations.
Jerry Anderson, representative for the applicant, introduced himself stating he was here to answer questions. Commissioner Connor noted the 100 ft. easement on each side of the creek and questioned the waste water for the lots. Mr. Anderson answered that the Borough requires waste water for lots over five acres in size. He stated the parent plat allows development within the 100 ft. setback with a city permit.
Commissioner Foster said the Commission had a prior meeting on subdivision requirements and agreements. He asked Mr. Anderson to share a grand scale plan of the property. Mr. Anderson explained the applicant Jonathan McCubbins is cutting off seven acres for his sister. Although they had talked about creating another lot it was Mr. McCubbins’ intent to keep the parcel in the family.
Mr. Anderson said there was a preliminary plat several years ago and it was caught up in the twilight zone of the City passing an ordinance for paved streets. If anything is done it will probably follow the subdivision as done by Ken Branch.
Shaulane Shadley, sister of the plat owner, stated she and her brother have lived in Homer all their life, are starting families and looking for a piece of property to live on close to town. She does not believe she will see the parcel subdivided in her lifetime.
Commissioner Lehner
expressed her approval of maintaining the 100 ft. easements on each side of the
creek. She said in the Commission’s discussions of the Transportation Plan it
was noted that
LEHNER/CONNOR – MOVED TO AMEND STAFF RECOMMENDATIONS TO DELETE THE 30 FT. RIGHT OF WAY.
There was no discussion.
VOTE: YES. CONNOR, LEHNER, HESS, FOSTER
NO: KRANICH, PFEIL
During the vote Commissioner Hess
declared he may have a conflict of interest as he lives on
Motion carried.
VOTE: (main motion as amended) YES. PFEIL, CONNOR, HESS, KRANICH, FOSTER, LEHNER
Motion carried.
Vice Chair Hess noted there were several
members of the audience wishing to testify and set a three minute time limit
for public testimony.
CONNOR/KRANICH
– MOVED TO ACCEPT
Staff
Recommendations:
Planning Commission grant approval of the preliminary plat with the following recommendations:
1. Dedicate water, sewer and access easements across the entire panhandle of each flag lot.
2. Submission of preliminary engineering on the water/sewer/drainage/road improvements to the Public Works Department.
3. Show wetlands and identify drainages on the final plat.
City Planner McKibben read the staff report and recommendations. She acknowledged the laydowns provided for the Commission’s review.
Tony Neal, applicant for
Mr. Neal acknowledged the valid concerns from
the public and asserted his willingness to work on those to the extent he
can.
People may complain about the
density of the proposed community as it is all woods now and then will be all
houses. Mr. Neal said people are born
every second and the planet benefits by people living together closely. Although everyone would like the dream home
with an acre or two, the world would run out of room. Dense clusters maximize greenspace. Mr. Neal explained the lots within the
subdivision average over 12,000 sq. ft. (the local limit being 10,000 sq. ft.)
while
Commissioner Lehner
voiced her appreciation to Mr. Neal for being upfront with the overall
plan. She admires Mr. Neal for
presenting the whole plan to give the Commission the full illustration of the
development.
Commissioner Foster questioned why there was
no cul de sac if Mr. Neal didn’t want to connect with
Commissioner Kranich
questioned if Mr. Neal was referring to the short length of
Roger Imhoff, Surveyor,
stated he has been working on the preliminary concept for the property for
several months. A laydown
letter suggested looking at access from
Don Ronda stated he has lived here for 48 years
and access to the lots is a problem his son is having. His son owns Lot L8 and when he bought it he
was assured he would be allowed access through Mr. Barnett’s property. Mr. Barnett sold the land to Tony Neal and he
has the right to develop a subdivision.
Mr. Ronda remarked that it is a nice subdivision. There is a panhandle at the curve between Lots
59 and 61. Lot M/B is owned by a person
out of state and they refuse access to his son’s property via
Commissioner Kranich
questioned if Mr. Ronda’s son had purchased the property from Mr. Barnett. Mr. Ronda answered his son purchased the
property from another person but Mr. Barnett told him to could get access,
although he didn’t know if that was in writing.
Bill Abbott, city resident, voiced his
discouragement that he did not receive notice from the City of tonight’s meeting. His neighbors informed him of the
meeting. He was not sent notice as he
lives more than 500 ft. from the proposed subdivision boundary. Mr. Abbott objects to the notification
criteria as the entire neighborhood is affected, not just those living within 500
ft. He suggested putting the preliminary
plat approval on hold to inform the entire surrounding neighborhoods so they
may study issues and make comments. Mr.
Abbott said he had spoken several times about the proposed East/West corridor
and it is recorded in the minutes. He
suggested a more proactive way to inform citizens as many people are not informed. His concern with the proposed subdivision is
that traffic will more than triple through his neighborhood
affecting safety and piece of mind. The
addition of the 94 lot development will put most of the traffic through
Brian Bennett, city resident, stated he is one
lot removed from receiving notice of tonight’s meeting. He has lived in the
area since 1984 and knew there would be a subdivision in time. He hopes it is done in a responsible way for
the community and neighborhood. His
concern about the development is where
James Dolma, city
resident, lives on
Sid Huffnagle, city resident, lives on
City Planner McKibben said that route was identified
in a draft long range Transportation Plan, although there may be some topography
issues.
Mr. Huffnagle said the flood that came down
the gulley on
Marianne Schlegelmilch,
city resident, lives on the corner of
Francie Roberts, city resident, submitted a letter
for the record that was read by Marianne Schlegelmilch. Ms. Roberts lives on
Gary Thomas, city resident, said access is
the issue. Tony Neal doesn’t want to
build South Slope as he doesn’t want traffic through his subdivision going to
other places.
Laura Patty, city resident, lives with Gary
Thomas on the corner of
Kathy George, city resident, lives on
1. Population
Density. The population density of a new
subdivision should be compatible with the
surrounding neighborhood.
2. Traffic
Patterns. Significantly changing the
City’s traffic patterns should require the developer to fund and submit a comprehensive traffic study showing the
effects of the development.
3. Habitat
Destruction. What are the consequences
of loss of irreplaceable habitat?
4. Safety. Children at play, pedestrians, etc. should be
considered.
5. Public
Notice. The entire city should be made aware
of a subdivision of this scope, not only property
owners within 500 ft.
As for Ms. George’s own things, access,
quality of life and the desire for a quiet neighborhood are values that speak
to all. She is hopeful most people can
get what they would like to have. Tony
Neal can have a subdivision that will make him some money and the neighborhood
can have a traffic flow that won’t disrupt their lives. She is concerned that the ditches designated
as parks. Ms. George would like to see
more greenspaces and just a little less of everything
to fit what Homer is about. Larger lots
would bring more money with less impact of traffic and city services. Ms. George sees it as access and quality of
life, but also a conflict of Mr. Neal’s right to develop land as he sees
fit. She concluded that we need to slow
down and find a compromise.
Paul Gavenus, city
resident, resides on
Kathy George, city resident, addressed the
Commission again. She said the piece of
Tony Neal, applicant, addressed the audience
stating that he appreciated all the comments as they are all valid. There is more public comment than he expected
and he realizes what a hornet’s nest the
Questions from the audience ensued and Vice
Chair Hess stopped the discussion and brought the meeting back to order.
Tony Neal related there were 550 people when he
came to Homer and they wanted to block it off then. Now there are 5,500 people and they can’t
block it off. They have to take what is
coming and do the best they can. As to
the parks, Mr. Neal defended that some of the park areas are in creeks and it
should remain like that as parks do not need to be totally developable.
The Commission asked for Public Works
Director Carey Meyer’s comments regarding preliminary data on infrastructure
and access ideas.
Public Works Director Meyer said the utility
layout plan for the subdivision was discussed with the engineer. There are four areas of modifications the
City would like to see including conceptual layout of drainage. Mr. Meyer judged it as a good utility layout
plan and probably the best the City has had for a subdivision in the early
stage of the project. As to access, it
is an issue that needs discussion as both current and future residents are
affected. Spreading out access points
would be a better situation. Mr. Meyer
related the many public meetings on the value of the
Commissioner Lehner
remarked that Tony Neal was receptive to evaluating input, sitting down with Public
Works and exploring alternative access points.
She would like Mr. Neal to review the language[2]
to keep traffic from East Hill using
LEHNER/CONNOR - MOVED TO POSTPONE THE DECISION
UNTIL REVIEWED FURTHER BY PUBLIC WORKS AND IN LIGHT OF THE TRANSPORTATION PLANS
ARTICULATED BY THE PLANNING COMMISSION AND CITY COUNCIL.
The Commission discussed the traffic access
briefly and suggested Mr. Neal could have a community meeting to discuss
alternatives.
VOTE:
NO: KRANICH, FOSTER, LEHNER,
PFEIL, HESS, CONNOR
Motion failed.
Discussion ensued as to the preliminary
plat. City Planner McKibben related to
the Commission there was no process in the Code for the developer to have a
community meeting. She suggested it be
the developer’s decision. As to public
notice of the proposed subdivision, City Planner McKibben explained the Code
requires property owners within 500 ft. of the location are noticed by
mail. Additionally, the pending action
is advertised in the newspapers.
KRANICH/CONNOR – MOVED TO ADD STAFF
RECOMMENDATION #4 TO ADD A 10 FT. GREENBELT EASEMENT TO LOTS 98, 95, 94, 93 AND
LOTS 97, 96 AND 92.
Commissioner Kranich
explained this would be in keeping with the greenbelt easement that is
established with the double row of lots east of the above mentioned. City Planner McKibben said the greenbelt
easement is in addition to the setback requirements and adds additional buffer
where lots adjoin each other.
VOTE:
YES. FOSTER, CONNOR, PFEIL,
LEHNER, KRANICH, HESS
Motion carried.
FOSTER/PFEIL – MOVED TO ADD 10 FT.
VOTE:
YES. PFEIL, CONNOR, LEHNER,
KRANICH, HESS, FOSTER
Motion carried.
Commissioner Connor requested that the
significant drainages be added to the plat map and 15 ft. setbacks also be required.
CONNOR/ KRANICH - MOVED TO REQUIRE 15 FT.
BUILDING SETBACKS FROM THE TOP OF THE BANK OF ANY DEFINED DRAINAGE CHANNEL OR
STREAM.
Commissioner Kranich
commented that it was prudent land use to require the 15 ft. setbacks from
drainage areas in all subdivisions.
VOTE:
YES. PFEIL, CONNOR, HESS,
KRANICH, FOSTER, LEHNER
Motion carried.
Commissioner Connor noted the NMTTP shows
several ideas for land and dedicated trails.
She would like to see the trails hook up for a continuous trail system. Ms. Connor would like the developer to refer
to the NMTTP to get ideas for the grand plan of linking trails.
City Planner McKibben said there were two
proposed trails within the preliminary plat.
While the NMTTP does not make specific recommendations for trails, the
proposed subdivision provides for connecting trails both inside and outside the
plat. Mr. Neal said he had reviewed the
NMTTP and even though the plan was non specific he
tried to put trails in the preliminary plat to match up with the plan.
City Planner McKibben explained the parks
will be dedicated for public use. Only
one park within the subdivision is to be developed into a formal park. The others will be left as open space.
Tony Neal said there were two choices, those
being to not plan to dedicate the parks to the City and continue ownership or
to dedicate the public easement where all people have a legal right to walk on
it. Easement would have to be accepted by the City.
Commissioner Kranich
said there is the access issue with the property in the middle of the
City. A large portion fronts onto school
property, precluding access, and to the east there is already a developed subdivision
with one road linking an existing ROW to the east. On the west side the property fronts
undeveloped Anderson ROW and the undeveloped Shellfish ROW to the north. There are not many possible points of ingress
and egress to the property. Commissioner
Kranich referred to City Attorney’s correspondence in
the packet regarding authority on exactions.
He suggested the developer, Public Works and
the City Planner sit down and work out improvements to access of the
subdivision. It is not a simple process
to work something out. Commissioner Kranich believes it should be sent back to the
developer.
City Planner McKibben clarified the City
Attorney’s correspondence in the packet referred to another case and specific questions
would need to be asked of the City Attorney for clarification of offsite access
requirements.
It was the consensus of the commission to
obtain attorney clarification.
LEHNER/PFEIL - MOVED TO POSTPONE APPROVAL SO
THAT THE APPLICANT CAN MEET WITH PUBLIC WORKS, OTHER CITY STAFF, AND
REPRESENTATIVES OF OTHER ADJOINING NEIGHBORHOODS TO DEVELOP ALTERNATIVE ACCESS
OPTIONS THAT MINIMIZE ROUTING OF SUBDIVISION AND THROUGH TRAFFIC ON TO ADJACENT
RESIDENTIAL STREETS TO INCORPORATE RECOMMENDATIONS CONTAINED IN THE DRAFT
TRANSPORTATION PLAN THAT ADDRESS TRAFFIC FLOW ON MOUNTAIN VIEW AND ELDERBERRY
DRIVES.
VOTE:
YES. CONNOR, LEHNER, KRANICH,
HESS, FOSTER, PFEIL
Motion carried.
Vice Chair Hess called for a recess at
CONNOR/PFEIL
– MOVED TO RECOMMEND ADOPTION OF
Staff
Recommendations:
Planning Commission grant approval of the preliminary plat with the following recommendations:
1. Show access to a utility easement per HCC 22.10.051.
2. Correct the right-of-way name to Ocean Drive Loop.
3. Depict approximate locations of areas subject to inundation, flooding or storm water overflow in compliance with KPB 20.12.060 (H).
4. Depict the location of the existing water main in compliance with KPB 20.12.060 (K).
CONNOR/KRANICH – MOVED TO DECLARE A CONFLICT OF INTEREST.
Commissioner
Connor stated some of the property she owns is in the LID (Local Improvement
District) and the combining of plats could affect her assessment.
Public Works Director Meyer said three of the lots
will be combined into one which will decrease the LID assessment. He spoke with Larry Peterson who leads the
Cranberry Point LLC. Mr. Meyer concluded
the replat will increase the assessments.
VOTE: YES.
KRANICH, FOSTER, LEHNER, PFEIL, HESS
Motion carried.
City Planner
McKibben read the staff report and recommendations.
Lance
Peterson represents the property owners in the un-subdividing and restoration
of property that belongs together. As to
the LID, testimony was given to the City Council this process was going to take
place to make the lots larger.
There was no
public testimony.
Commissioner Kranich requested Public Works Director Meyer’s input about
Public Works
Director Meyer explained three lots are being combined into one U-shape lot.
All three lots are in the sewer LID and will be combined into one lot.
Mr. Meyer said he and Mr. Peterson are going to find out the interests of the property owner across the street. If the property owner on the other side of the street is interested in the sewer LID he may join in. Public Works Director Meyer explained a sewer line had been planned for Victoria Place Lot 9 and the lot with a structure. In between the combining of the lots and reduction of lots receiving assessments and inclusion of another lot there will be additional costs that will balance close to the original estimate.
Commissioner Kranich questioned if the Code requires the water or sewer
main to front the entire piece of property.
Mr. Meyer said the City Council approved that as the standard,
preventing an unfair extension of one property owner. Spaghetti lines will not be used, everyone is to extend the main across their property
to get service to the main.
VOTE: YES.
LEHNER, HESS, FOSTER, PFEIL, KRANICH
Motion
carried.
COMMISSION BUSINESS
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.
The motion on the floor from the
KRANICH/FOSTER – MOVED TO ACCEPT
Staff recommends that the Planning Commission approve the applicant’s
request for a Conditional Use Permit contingent on the following conditions:
City Planner McKibben referred to the revised site plan in the Commission packet and laydown information from the City Attorney. The new site plans were read.
Eldon Adair, applicant, thanked
City Planner McKibben, her staff, and the Commissioners for the hours they have
put into this matter. Mr. Adair stated
the 27 ft. parking requirement has been met and a sign erected stating there is
no RV access from
City Planner McKibben directed the Commission to a laydown showing the site plan with additional landscaping on the eastern lot.
Commissioner Foster questioned if
there was a way for an RV to pull out from the park onto
Commissioner Kranich noted the back-in spaces will require more than a 90 degree turn to back in to. He asked if the park had a two-way street and Mr. Adair affirmed that it could be, as it meets the 30 ft. access requirement.
Dave Scheer, adjacent property owner, stated he appreciates the design revisions and work the Commission has done. He feels like he has been heard and believes the planning process is good. Mr. Scheer has a few suggestions for the proposed development and has no opposition to the CUP with these items included:
* A 5 ft. setback of RV spaces from his property line be formalized.
* Clarify what it means to protect the roots of Mr. Scheer’s trees from damage. He requests no excavation within 8-10 ft. of tree trunks of his property.
* Clarify what the 3 ft. vegetation buffer means. Does it mean to maintain native vegetation or can it be replanted?
Commissioner Foster returned to discussion on the pedestals, stating the Commission’s concern of the setback was access to utilities to allow visibility. City Planner McKibben said the pedestals do not meet the setback code definition for buildings, although it would not be inappropriate for the Commission to set a distance from the roadway.
FOSTER/LEHNER- MOVED THAT ANY
PERMANENT STRUCTURES, INCLUDING POWER PEDESTALS, ARE SET BACK 20 FT. FROM THE RIGHT-OF-WAYS
OF
VOTE: YES. PFEIL, CONNOR, LEHNER, KRANICH, HESS, FOSTER
Motion carried.
FOSTER/KRANICH – MOVED TO ADD FINDINGS: POWER PEDESTALS FOR RV’S COULD IMPACT ACCESS TO UTILITIES, THEREFORE SHOULD BE SUBJECT TO THE 20 FT. BUILDING SETBACK TO RIGHTS OF WAY.
VOTE: YES. PFEIL, CONNOR, HESS, KRANICH, FOSTER, LEHNER
Motion carried.
Commissioner Kranich said the new site plan shows the retaining wall extends into the 20 ft. setback and also slightly into the ROW. City Planner McKibben noted no structure is permitted in the ROW. Commissioner Connor said the lot line on the east side has only a 5 ft. setback and she agrees with Mr. Scheer excavating that close to trees can damage the root systems.
CONNOR/LEHNER - MOVED THAT FINDING BE FOUND: AS PER HCC 21.49.060(a) NO DISTURBANCE SHALL OCCUR WITHIN 8 FT. OF THE EASTERN LOT LINE OR WITHIN THE DRIP LINE OF TREES ON THE ADJACENT LOT TO PREVENT ROOT DAMAGE, FURTHERMORE PER HCC 21.61.060(f)(5) TO ENSURE PRIVACY OF ADJACENT PROPERTY.
There was no discussion.
VOTE: YES. CONNOR, LEHNER, KRANICH, HESS, FOSTER, PFEIL
Motion carried.
LEHNER/PFEIL – MOVED THAT DRAINAGE SHALL BE DEVELOPED AS SHOWN ON THE REVISED SITE PLAN.
There was no discussion.
VOTE: YES. LEHNER, HESS, FOSTER, CONNOR, PFEIL, KRANICH
Motion carried.
Commissioner Connor stated the retaining wall seems to be at odds with the direction of the drainage. She questioned the effect on the drainage. Vice-Chair Hess said it would be addressed through drain holes in the wall.
VOTE: (main motion as amended): YES. FOSTER, CONNOR, PFEIL, LEHNER, KRANICH, HESS
Motion carried.
LEHNER/KRANICH – MOVED TO
POSTPONE TO THE NEXT REGULAR SCHEDULED MEETING.
VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
FOSTER/LEHNER – MOVED TO
DISCUSS.
VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
Father Paul Jaroslaw, Pastor of All Saints of America Antiochian Orthodox Mission on East Skyline, told the
Commission he moved to Homer in 1996 with the intention of developing the Orthodox
Church. When he bought the two pieces of property one parcel was for the Holy
Cross House and the other was for the Orthodox Church. Due to the lay of the land parking would be
on the left hand piece of the property by the large house. Three to four years ago they started cutting
trees before the Bridge Creek Watershed District was formed. Trees were cut, stumps removed and then the
impervious coverage business came through.
Father Jaroslaw said they are now stranded as
the Code does not allow them to continue with the parking lot. There is a cemetery on the grounds and they
want to build a social hall. A modular
home on the gravel pad near the parking lot is planned for Joanna Little and her husband who are now staying in a motor home
on the property. Father Jaroslaw said they are now over the percentages of
impervious coverage allowed and can’t add more parking.
Commissioner Lehner said it was her understanding that currently impervious
coverage created on the parcels is balanced by pervious coverage for a one for
one exchange. Father Jaroslaw
said he would be glad to re-vegetate areas if needed
to increase the pervious coverage percent.
He doesn’t understand how erosion will get to Bridge Creek. Commissioner Foster explained maintaining the
natural vegetation is preferred. Water will
flow down the roads, although there is a good distance to the creek.
Commissioner Connor asked
for clarification on the considerations requested and City Planner McKibben read
the staff requests:
Commissioner Foster
questioned if the driveway leading to the property would need
improvements. He said any crossing of
Bridge Creek should be a bridge rather than a culvert as it is much sounder for
the creek and watershed. Commissioner Kranich pointed out digging the culvert and adding gravel
to the driveway would not be necessary until the culvert needed
replacement.
Commissioner Connor
questioned if the Commission had the authority to approve further
non-conformities. In HCC 21.59.135(b)
nonconformities may not increased beyond the non-conformity existing. City Planner McKibben said the applicant’s
proposal is to accept the pre-existing clearing as pre-existing impervious
coverage and the applicant be allowed to finish
developing it. An exchange of impervious
coverage for the social hall would be re-vegetating an
area so there would be no increase in impervious coverage.
Commission Kranich asked what the maximum population of the cemetery
would be. Father Jaroslaw
said he foresees it being there for a long time, although there is just one
person buried there at this time.
LEHNER/KRANICH – STAFF
REQUEST #1 - MAKE A DETERMINATION THAT THE CLEARED AREA ON LOT 3B-1A IS
CONSIDERED A NON-CONFORMING IMPERVIOUS COVERAGE THAT CAN BE FURTHER DEVELOPED
INTO A GRAVEL PARKING PAD AND AREA FOR SMALL PARKING PAD FOR THE RV REFERENCED
IN ATTACHED LETTER.
VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
LEHNER/KRANICH – STAFF
REQUEST #2 - MAKE A DETERMINATION THAT THE RE-VEGETATION OF EXISTING IMPERVIOUS
COVERAGE ON
VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
Commissioner Connor said
she would like the assurance that the re-vegetated state will absorb water as
studies have shown that lawns are not necessarily pervious.
CONNOR/PFEIL – MOVED TO
AMEND STAFF REQUEST #2 TO ADD THE AREA WILL BE RE-VEGETATED WITH NATIVE PLANTS.
VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
PFEIL/LEHNER – STAFF
REQUEST #3 – APPROVE THE OTHER EXISTING IMPERVIOUS COVERAGE, STRUCTURES,
DRIVEWAYS, PARKING AREAS AND PATHWAYS AS NONCONFORMING.
VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
LEHNER/KRANICH – STAFF
REQUEST #4 – APPROVE THE EXISTING CEMETERY ON
VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
Commissioner Foster requested that the Commission
review and amend the mobile home and mobile home park regulations.
REPORTS
A.
Borough
Report
Commissioner Foster reported they
are still working on the Comprehensive Plan.
There will be another discussion at the next meeting to provide a solid
document prior to going to the assembly.
Mr. Foster advised he was still on the Plat Committee.
B.
PLANNING DIRECTORS’ REPORT
City Planner McKibben questioned
the Commission’s intent on the amended mitigation plans for driveways. She noted Joel Cooper’s concerns that were
relayed to the City
City Planner McKibben said the Planning Department is expecting a request for a nonconformity for the next meeting.
Vice Chair Hess questioned the
status of the lot on the corner of Rogers Loop and Sprucewood. City Planner McKibben answered there was no
violation. A notice was sent and the
alteration of a lot does not require a zoning permit or a development activity
plan in a residential district. The lot
owner is aware of the wetlands in the forest jurisdiction. The last time Ms. McKibben looked he was
still quite a distance from the wetlands.
INFORMATIONAL MATERIALS
Items listed under this agenda item can be HCC meeting
minutes, copies of zoning violation letters, reports and information from other
government units.
A. Zoning
Violation letter dated May 13, 2005 to Bjorn Larson and Sasha
Raupp re: Lot
167 W R Benson Subdivision Amended – Zoning Permit, Flood Hazard Area Development
Permit, Driveway Permits needed.
COMMENTS OF THE AUDIENCE
There were no
comments.
Members of the
audience may address the Commission on any subject. The Chair may prescribe time limits.
COMMENTS OF THE COMMISSION
Commissioner Connor said it was a good meeting.
Commissioner Kranich
said the Commission dealt with critical issues and there was positive action by
the Commission. He said it was a good
meeting.
Commissioner Foster said he
appreciates the work of the Commission, especially Vice Chair Hess who handled
a difficult meeting this evening very well.
Commissioner Pfeil
thanked the Commission for their hard work and apologized for his absence at
the last meeting. He explained he was
out of state and called the Chair to
Commissioner Lehner said pizzazz to all.
Vice Chair Hess said he will be happy Chair Chesley will be back for the next meeting.
The Town Center Development
Committee Open House is June 9th between
Commissioners
may comment on any subject, including requests to staff and requests for
excused absence.
ADJOURNMENT
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
________________________________
JO JOHNSON, DEPUTY CITY CLERK
Approved: _______________________