Session 07-13, a Regular Meeting of the Homer Advisory Planning Commission was called to order by Chair Kranich at 7:03 p.m. on August 15, 2007 at the City Hall Cowles Council Chambers located at 491 East Pioneer Avenue, Homer, Alaska.

 

PRESENT:         COMMISSIONER CHESLEY, FOSTER, HESS, KRANICH, MINSCH, ZAK

                       

ABSENT:           COMMISSIONER HOWARD (Excused)

 

STAFF:             CITY PLANNER MCKIBBEN

                        DEPUTY CITY CLERK JACOBSEN

                        PUBLIC WORKS DIRECTOR MEYER

 

AGENDA APPROVAL

 

Chair Kranich requested that item D. under Plat Consideration be moved to item A.

 

The amended 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 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 August 1, 2007

                  2.         Time Extension Requests

                  3.         Approval of City of Homer Projects under HCC 1.76.030 g.

                  4.         KPB Coastal Management Program Reports

                  5.         Commissioner Excused Absences

                              a.         Barbara Howard

 

The consent agenda was approved by consensus of 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 scheduled.

 

REPORTS

 

A.         Borough Report

 

Commissioner Foster commented that they had a long meeting on Monday. There were a number of appeals to the fifty foot habitat protection ordinance on the Kenai River. It was interesting to get some of the concerns of the Borough and Staff taken care of. The next meeting will be in Seward.

 

B.         Kachemak Bay Advisory Planning Commission Report

 

There was no KBAPC Report.

 

C.         Planning Director’s Report     

 

City Planner McKibben reviewed her staff report that was included in the packet.   

           

PUBLIC HEARINGS

The Commission conducts Public Hearings by hearing a staff report, hearing public testimony and then 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 PL 07-58, Bunnell’s Subdivision No. 21/Vacation of a Public Right of Way

 

City Planner McKibben reviewed the staff report and read the staff recommendations.

 

Chair Kranich noted a laydown item from Karin Marks in support of the action. 

 

Roger Imhoff, applicants representative, advised the Commission that it came to his attention today that the action of vacating a lot line is not considered to be a subdivision and it is questionable whether the City has the authority to require the granting of utility easements.  However, the owners are willing to grant the utility easement along Pioneer Avenue, except for the portion that may encroach into the area where their business sign is.  The sign is mounted on a concrete pedestal and would be difficult to move.

 

Chair Kranich opened the public hearing.  There were no public comments.  Chair Kranich closed the public hearing.

 

MINSCH/FOSTER I MAKE A MOTION TO ADOPT STAFF REPORT PL07-58 BUNNELL SUBDIVISION NO. 21 VACATION OF PUBLIC RIGHT-OF-WAY WITH STAFF COMMENTS AND RECOMMENDATIONS.

 

STAFF COMMENTS/RECOMMENDATIONS:

Planning Commission recommend approval of the vacation of the alleyways as shown.

 

It was clarified that the first 57 feet of the right-of-way off Pioneer Avenue will remain.

 

VOTE: NON OBJECTION: UNANIMOUS CONSENT.

 

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. The Commission will accept testimony or a presentation on agenda items that involve an applicant. 

 

A.         Staff Report PL 07-73, Staubyeska Subdivision Preliminary Plat

 

City Planner McKibben reviewed the staff report and read the staff recommendations.

 

Don Mullikin, applicant’s representative, commented that he and the property owner are available for questions. He said they agree with the staff recommendations and noted that he neglected to show the drainage easements on the survey.  He pointed out the drainages on the aerial photo. 

 

Question was raised as to whether the lots meet the 3 to 1 length to width ratio. Mr. Mullikin responded that essentially they do.  The frontage on lots three and four has to have exception from the Borough, but lot two meets the three to one. They are making the existing lot one wider than it was before. Mr. Mullikin said the reasoning for the exception is because of the terrain and location of the top of the bluff leaves no choice other than the long lot configuration. Commissioner Foster noted that the Borough would generally look to see if the buildable section of the lot would meet the 3 to 1. Mr. Mullikin added that the extensions of the longer portions are a buffer zone where steep land can be left as is.

 

Shirley Fedora, owner of lots 6 and 7 Paradise Heights, commented that she is confused.  She said Chuck and Joan Jackson, who own lot 9 explained to her that Mr. Stauber had approached them about a year ago asking for access on their property so he could build a road up to his place because the top part is very steep.  Rather than giving Mr. Stauber a right-of-way, the Jackson’s sold him the property with the understanding that it was for access to his property.  She spoke to the Jackson’s today to ask if they were aware of this and they were not. Mr. Jackson had said that when he sold former lot 8 to Mr. Stauber he did put in language that there would be no building within 150 feet adjacent to the lot line.  She did not have the documentation regarding that stipulation. If it is true, it would also restrict lot 1.  She is surprised that it is turning into a subdivision when the intent was better access. Ms. Fedora noted that the staff report said that notices were sent out to property owners, but the neighbors she spoke to did not receive notices and they want to know about the access.

 

City Planner McKibben noted for the record that notices were sent to 26 landowners of 27 parcels. These are property owners within 500 feet. One notice was returned. The information for the mailing is taken from the Borough website. They were mailed on August 4th.

 

Ms. Fedora commented that everyone on Horizon Court is concerned about the subdivision.

 

There were no further comments.

 

MINSCH/CHESLEY I MAKE A MOTION WE ADOPT STAFF REPORT PL07-73, Staubyeska Subdivision Preliminary Plat WITH STAFF RECOMMENDATIONS.

 

STAFF COMMENTS/RECOMMENDATIONS:

Planning Commission recommend approval of the preliminary plat with the following comments:

  1. A plat note indicating that this subdivision may contain wetlands.  Property owners should contact the Army Corp. of Engineers prior to any on-site development or construction activity to obtain the most current wetlands designation (if any).
  2.  Show the drainages on the plat.
  3. A plat note indicating the land within the City of Homer is subject to the provisions of the City of Homer Zoning regulations and landowners should contact the City of Homer Planning Department prior to development.
  4. Increase the utility easement on Horizon Court from ten feet to fifteen feet.

 

It was noted that the flag on the lot 2 is 341.77 feet in length. Question was raised whether the Commission should make a recommendation more specific to the fire code language so it is the standard for the recommendation. City Planner McKibben commented that after her discussion with the Fire Chief, his comments are consistent to where they left off as far as the City can exercise the requirement at this point.

 

FOSTER/MINSCH I WOULD LIKE TO MAKE A MOTION TO ADD A COMMENT THAT WOULD STATE THAT THE BUILDABLE PORTION OF EACH LOT SHOULD MEET THE KENAI PENINSULA BOROUGH’S THREE TO ONE LENGTH TO WIDTH RATIO.

 

This comment will ensure that the City is consistent with the Borough’s length to width ratio and the way the Borough is calculating it.  It would support the applicants request for an exception.

 

Discussion ensued regarding the Borough’s policy on calculation of the ratio. Commissioner Zak expressed his disagreement that it shouldn’t be restricted to the buildable area.  Commissioner Foster rebutted that the area they are planning to build on does meet the Borough requirement and therefore it should get the exception.

 

CHESLEY/ZAK I WOULD LIKE TO MOVE THAT WE CONTINUE THIS TO A FUTURE MEETING SO THAT STAFF CAN CONSULT WITH THE BOROUGH PLANNING DEPARTMENT TO ANSWER MR. ZAK’S INFORMATION AND THE INFORMATION MR. FOSTER BROUGHT FORWARD SO WE CAN HAVE A POLICY POSITION FROM THE CITY ON HOW TO TREAT THESE LOTS.

 

Commissioner Hess commented that when the plat comes back he would like information regarding this situation where the lot line gets moved and the City line is in the portion of a lot and how the City treats that in a zoning situation. 

 

VOTE: NON OBJECTION: UNANIMOUS CONSENT.

 

Motion carried.

 

B.         Staff Report PL 07-63, DeGarmo Subdivision No. 2 Preliminary Plat

 

City Planner McKibben reviewed the staff report and read staff recommendations.

 

There were no applicant or public comments.  Chair Kranich noted a letter from Paul Sandhofer in opposition to approval of this plat.

 

CHESLEY/MINSCH I MOVE THAT WE APPROVE LOT 13 B DEGARMO SUBDIVISION NO. 2 AND LOT 12A GREWINGK VIEW SUBDIVISION REPLAT WITH STAFF RECOMMENDATIONS.

 

STAFF COMMENTS/RECOMMENDATIONS:

Planning Commission recommend approval of the preliminary plat with the following comments:

  1. A plat note indicating that this subdivision may contain wetlands.  Property owners should contact the Army Corp. of Engineers prior to any on-site development or construction activity to obtain the most current wetlands designation (if any).
  2. Show the 100 foot Kachemak Drive right-of-way.
  3. Show the Mean High Water Line.
  4. Show the 15 foot utility easement from parent plat.

 

It was noted that the letter provided as a laydown references a vacation which has already taken place and the right-of-way has been reduced to at 20 foot pedestrian easement.

 

Other discussion points included

·         Items 3, 5, 6 and 9 under the analysis commented that there are deficiencies. Those deficiencies are addressed in the staff recommendations.

·         Add a plat note in reference to the erosion study.

 

FOSTER/HESS I MOVE THAT WE ADD A STAFF RECOMMENDATION TO INCLUDE A PLAT NOTE STATING THE HOMER EROSION STUDY LANGUAGE AS THE PLANNING DIRECTORS REPORT USED ON PAGE 12A ON THE PACKET.

 

It was noted that it would be recommendation number 5.

 

City Planner McKibben said staff can research the specific erosion rate for this particular site and provide the information to the Borough.

 

VOTE: (Primary amendment) NON OBJECTION: UNANIMOUS CONSENT.

 

Motion carried.

 

There was no further discussion on the main motion as amended.

 

VOTE: (Main motion as amended): NON OBJECTION: UNANIMOUS CONSENT.

 

Motion carried.

 

C.         Staff Report PL 07-52, Hillstrand’s Homestead Preliminary Plat

 

Commissioner Hess requested the Commission excuse him based on the Ethics Ordinance, HCC 1.18.030(b).

 

CHESLEY/FOSTER I WOULD MOVE THAT COMMISSIONER HESS HAS A CONFLICT OF INTEREST OR THE APPEARANCE OF A CONFLICT OF INTEREST IN THIS ACTION.

 

There was brief discussion regarding the ethics ordinance.

 

VOTE: NON OBJECTION: UNANIMOUS CONSENT.

 

Motion carried. 

 

Commissioner Hess left the table.

 

City Planner McKibben reviewed the staff report and read the staff recommendations.

 

Public Works Director Meyer commented that he has nothing to add, but is available for questions.

 

It was noted that amendment to recommendation 8 regarding a 15 foot utility easement along the right-of-way would be consistent. It was further noted that the substandard lot being created here can be replatted and added to the larger lot.

 

There was brief discussion regarding the substandard lot that would be created. 

 

Rick Alexander, property owner in the Bridge Creek Watershed District, questioned the City’s exemption from meeting the mitigation standards. There was discussion that City Utilities are subject to the minimum lot size requirement; however the City plans to meet the standards to set a good precedence in the area and demonstrate what can be done for mitigation.

 

MINSCH/ZAK MOTION TO ADOPT STAFF REPORT PL07-52 HILLSTRAND’S HOMESTEAD PRELIMINARY PLAT WITH STAFF RECOMMENDATIONS.

 

STAFF COMMENTS/RECOMMENDATIONS:

Planning Commission recommend approval of the preliminary plat with the following comments:

 

1.      A plat note indicating that this subdivision may contain wetlands.  Property owners should contact the Army Corp. of Engineers prior to any on-site development or construction activity to obtain the most current wetlands designation (if any).

2.      A plat note indicating the land is subject to the provisions of the Bridge Creek Watershed Protection District regulations and landowners should contact the City of Homer Planning Department prior to development.

3.      A plat note stating that the impervious coverage on the ‘unsubdivided remainder’ is limited to 3.95%.

4.      Depict Homer City Limits.

5.      Add a plat note stating that Bridge Creek is a Class A public water system and provide DEC separation distance information for sewage disposal systems.

6.      Include plat notes from the parent plat, Tulin Terrace Upper Terrace, describing the existing utility easements and tree buffers.

7.      Add the City of Homer in the land owner signature block.

8.      Increase the utility easement per Public Works Recommendation.

9.      Number the ‘unsubdivided remainder’ as a lot.

 

 

CHESLEY/FOSTER I MOVE TO AMEND STAFF RECOMMENDATION NUMBER 8 WHICH WOULD ADD THESE WORDS AT THE END OF THE EXISTING RECOMMENDATION “INCREASE THE UTILITY EASEMENT PER PUBLIC WORKS RECOMMENDATION TO 15 FEET IN WIDTH”.

 

There was no discussion.

 

VOTE:(Primary amendment): NON OBJECTION: UNANIMOUS CONSENT

 

Motion carried.

 

There was no further discussion on the main motion as amended.

 

VOTE: (Main motion as amended): NON OBJECTION: UNANIMOUS CONSENT

 

Motion carried.

 

The Chair called for a short break at 8:20 p.m. The meeting resumed at 8:28 p.m.

 

D.         Staff Report PL 07-71, Bunnell’s Subdivision No. 21 Preliminary Plat

 

City Planner McKibben reviewed the staff report and read staff recommendations. 

 

Roger Imhoff, applicant’s representative, spoke to the Commission regarding the property owner’s willingness to grant the utility easement with the exception of the area around the existing sign. Mr. Imhoff expressed concern regarding staff recommendation 6 and the statement that drainage easements are “normally” 30 feet in width.  As far as he knows there are no drainage easement requirements in City Code and the easement really depends on the size of the drainage.

 

Mr. Imhoff clarified plat note 7 regarding the existing underground power line. He believes it is located from the northeast corner of the lot that has the Christian Science building, over to the Pioneer Inn building. Mr. Imhoff said note 7 is common as HEA doesn’t know where their lines are and therefore he doesn’t either. The note says if there is an underground power line easement, then it has a 15 foot wide utility easement centered on it.    

 

MINSCH/ZAK I MOVE WE ADOPT STAFF REPORT PL 07-71 BUNNELL SUBDIVISION NO. 21 PRELIMINARY PLAT WITH STAFF RECOMMENDATIONS.

 

STAFF COMMENTS/RECOMMENDATIONS:

Planning Commission recommend approval of the preliminary plat with the following comments:

            1. Dedicate a 15 foot utility easement along Pioneer Avenue.

 

The issue of the easement and the sign was discussed briefly. The subdivision code does not apply when removing lot lines, but the City can request a property owner grant an easement.

 

CHESLEY/MINSCH MOVED TO AMEND STAFF RECOMMENDATION ONE TO READ “REQUEST A DEDICATION OF A FIFTEEN FOOT UTILITY EASEMENT ALONG PIONEER AVENUE.”

The applicant can work out the easement/sign issue with public works before it goes to final plat.

 

VOTE (Primary amendment): NON OBJECTION: UNANIMOUS CONSENT

 

Motion carried.

 

CHESLEY/MINSCH I MOVE TO CREATE STAFF RECOMMENDATION TWO THAT LOT 37F1 BE SHOWN TO BE DEDICATED FOR PUBLIC USE.

 

There was no discussion.

 

VOTE (Primary amendment): NON OBJECTION: UNANIMOUS CONSENT

 

Motion carried.

 

There was discussion of making recommendations based on the Comprehensive Plan. 

 

VOTE: (Main motion as amended): NON OBJECTION: UNANIMOUS CONSENT

 

Motion carried.

 

E.         Staff Report PL 07-70, James Waddell - Burns Addition Preliminary Plat

 

City Planner McKibben reviewed the staff report and read staff recommendations. 

 

Roger Imhoff, applicant’s representative, noted the access that has been used and the history of the subdivision on the aerial photo.

 

It was clarified that the right-of-way dedication that is being included in the action is the small portion going to the north from Thomas Court. It is 25 feet wide.  There was discussion of current access and potential options for future development. The future dedications depicted on the lot are there to illustrate how things might be done and won’t be shown on the final plat. Mr. Imhoff clarified on the aerial photo where the proposed turn around would be located. It was explained that this action will establish legal access.

 

Public Works Director Meyer addressed the Commission regarding some issues regarding this plat.

 

·         The transportation plan suggests that Latham be extended easterly from where it terminates now to the adjacent piece of property 2A.

·         Issues in subdividing off a piece of property from a larger property, include what it will look like in the future and if it will be difficult for the adjacent properties and neighborhood as a whole to get to where the community would like to be in the future.

·         It is a mess up there now, why are we thinking of providing additional lots that access through the same substandard non legal access.

·         Concerns arise that if the transportation plan calls for a connection from the top of Thomas Drive across the property and through the adjacent 2A to Latham Drive, why not require it be accomplished as part of this plat.

·         Some of these issues have been addressed with the surveyor.

Public Works Director Meyer pointed out on the aerial photo a scenario that included dedicating a 60 foot right-of-way from the top of the 30 foot flag lot piece. He noted what the transportation plan recommends and described how it would work.

 

Mr. Imhoff explained that when the Burn’s bought the lot they created at 30 foot easement to benefit the 10 acres. The easement was re-drafted and granted to the City as a public right-of-way. Lots of this size have been allowed some leeway in the past because they are likely to be re-subdivided. When the re-subdivision occurs, the transportation plan can be brought forward.

 

FOSTER/MINSCH MOVE TO ADOPT STAFF REPORT PL07-70 WITH STAFF RECOMMENDATIONS.

 

STAFF COMMENTS/RECOMMENDATIONS:

Planning Commission not recommend approval of the preliminary plat because it does not conform to the recommendations of the 2005 Transportation Plan because it does not provide the connections from Latham Lane and to Thomas Court.   HOWEVER, should the Commission decide to recommend approval of the preliminary plat, staff recommends the following comments be included.

  1. A plat note indicating that this subdivision may contain wetlands.  Property owners should contact the Army Corp. of Engineers prior to any on-site development or construction activity to obtain the most current wetlands designation (if any).
  2. Add a plat note about the existing driveway to the Brinster’s property and record a driveway easement in lieu of dedicating right of way.
  3. Dedicate a cul-de-sac at the top of the Right of Way.

 

Commissioner Foster expressed concern that this has some similarities with the Country Club Estates plat waiver issues in that splitting the lot into two lots does not require all the amenities that a subdivision would require.  He is interested in hearing more discussion.

 

Further comment included:

·         This is not a good situation and the access situation needs to be squared away.

·         There is access there and has been there since the 60’s although it is steep. If it subdivides more in the future, more requirements could be set.

·         The Commission could turn this down based on the staff recommendations.

 

It was questioned if the right-of-way being dedicated as shown on the bottom of the plat meets Borough Code.  City Planner McKibben pointed out that it is all that can be dedicated as it is the only land they own in the section.

 

Commissioner Chesley raised the point that not long ago the Commission dealt with the Uminski Subdivision where there was a small vestige right-of-way and they were faced with the issue that it was the legal access even though there was no practical access. In this situation there is a practical access they are trying to use.  This is an imperfect situation but argued that what has been proposed is reasonable based on the land use patterns we have in the area.

 

There was discussion whether it would be better not to require the right-of-way but have a dedication to encourage development toward Latham. It was suggested that allowing the developer to create the right-of-way at the end of  what is already dedicated and make it a standard bulb at least one part of the right-of-way provided meets the Borough standard. It would create a situation where it can be developed in the future. City Planner McKibben outlined the procedure for vacating a cul-de-sac as explained to her by Borough Platting Officer Toll, which includes getting signatures of 75% of the owners along the cul-de-sac. It also includes a review by the Planning Commission and is not guaranteed if there is opposition.   

 

Chair Kranich called for break at 10:04 p.m. to allow the applicant’s representative time to discuss options with his client. The meeting resumed at 10:11 p.m.

 

Mr. Imhoff commented that the crux of the whole thing is the Borough Code.  The Transportation Plan is a moving target.  This property is right in the middle with nothing on either side.  He suggested countenance of legal access to adjoining properties. He pointed out on the aerial photo where he recommended extending the 30 foot public road and dedicate another 30 foot right-of-way.

 

CHESLEY/FOSTER I WOULD LIKE TO MAKE A MOTION TO REPLACE STAFF RECOMMENDATION THREE WITH A STAFF RECOMMENDATION THAT WOULD CREATE A 30 FOOT RIGHT-OF-WAY ACROSS THE NORTH SIDE OF TRACT ONE AND CREATE A 30 FOOT DEDICATED RIGHT-OF-WAY ACROSS THE SOUTH SIDE OF TRACT TWO.

 

There was no discussion.

 

VOTE: (Primary amendment): NON OBJECTION: UNANIMOUS CONSENT.

 

Motion carried.

 

There was discussion that the staff recommendation is not to recommend approval.

 

CHESLEY/FOSTER I MOVE TO STRIKE THE FIRST PARAGRAPH UNDER STAFF RECOMMENDATIONS.

 

There was brief discussion to clarify.

 

VOTE: (Primary amendment): YES: KRANICH, FOSTER, CHESLEY, ZAK

                                                NO: MINSCH, HESS

 

Motion carried.

 

FOSTER/CHESLEY MOVED TO HAVE A RECOMMENDATION THAT STATES THE FUTURE SUBDIVISION WOULD TAKE INTO ACCOUNT THE HOMER 2005 TRANSPORTATION PLAN.

 

It was clarified that this would create staff recommendation 4 and the purpose is to encourage the linkage of Latham Lane to the south and east would be taken into account.

 

VOTE: (Primary amendment): YES: MINSCH, ZAK, KRANICH, HESS, CHESLEY, FOSTER

 

Motion carried.

 

There was no further discussion on the main motion as amended.

 

VOTE: (Main motion as amended): YES: FOSTER, CHESLEY, ZAK, KRANICH, HESS

                                                NO: MINSCH

 

Motion carried.

 

CHESLEY/FOSTER I MOVE TO SUSPEND THE RULES.

 

There was no discussion.

 

VOTE: NON OBJECTION: UNANIMOUS CONSENT

 

Motion carried.

 

The Commission agreed to take up New Business items before Pending Business to accommodate the members of the audience who were waiting.

 

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 nonconformity). 

 

A.         Staff Report PL 07-60, Request for approval of  Bridge Creek Watershed Protection District Mitigation Plan at  1295 Don's Drive

 

City Planner McKibben reviewed staff report and read staff recommendations. 

 

Tom Stroozas, applicant, respectfully requested the Commission approve his mitigation plan as submitted.  There was discussion that entailed review of the current drainage situation, the plan for the garage, and clarifying dimensions and measurements.

 

FOSTER/HESS I MOVE THAT WE ADOPT STAFF REPORT PL 07-60 WITH THE STAFF COMMENTS AND RECOMMENDATIONS AND THE ONE CHANGE IN NUMBER FOUR TO CHANGE THE WORD NATURAL TO NATIVE.

 

STAFF COMMENTS/RECOMMENDATIONS:

A. Staff recommends the Commission approve the mitigation plan and the increase to 6.4% impervious coverage with the following conditions:

  1. Applicant will implement and thereafter continuously comply with the approved plan per HCC 21.59.070 (a)(2) BCWP Requirements.
  2. The garage rain gutters will drain into a 55 gallon leach drum filled with washed rock.
  3. Disturbed soils shall be minimized and revegetated immediately per HCC 21.59.080(b)(7).
  4. The natural tall grasses and vegetation shall remain undisturbed except as necessary to construct the improvements per HCC 21.59.080(b)(4).
  5. No tree clearing is allowed for this project or future projects.
  6. Silt fencing, straw bales and other best management practices will be used to control erosion and sedimentation during construction.  These measures to be in place prior to the issuance of a zoning permit and maintained until re-seeding is complete.
  7. The approved mitigation plan and site plan, this staff report, and the Planning Commission minutes shall be recorded.  A copy of the recorded documents to be provided to the Planning Office prior to issuance of a zoning permit.
  8. Applicant shall comply with all other applicable federal, state and local regulations per HCC 21.42.030.

 

A discrepancy was noted between the agenda and staff report. City Planner McKibben suggested a clarification amending the title of the staff report to Lot 3 Tulin East Highlands at 1294 Don’s Drive, which is the street address.

 

CHESLEY/MINSCH I’LL MOVE THAT CORRECTION (amending the title of the staff report to Lot 3 Tulin East Highlands at 1294 Don’s Drive, which is the street address).

 

There was brief discussion for clarification.

 

VOTE: (Primary amendment): NON OBJECTION: UNANIMOUS CONSENT.

 

Motion carried.

 

In discussion regarding setback, it was noted that an asbuilt survey is not required upon completion of the project.

 

CHESLEY/FOSTER I MOVE TO AMEND THE CALCULATIONS ON PAGE 123 TO REFLECT THAT THE CALCULATION FOR IMPERVIOUS SURFACE FOR THE GARAGE SHOULD BE REFLECTED AS 32X32 FOOT PAD DIMENSION.

 

There was discussion regarding the design and it was clarified that the level surface of the pad, including the overhang of the eaves, is 25x25, taking into consideration the 1 foot overhang of the eaves. The 32x32 includes the base of the slope which could be pervious.

 

VOTE: (Primary amendment): NO: CHESLEY, MINSCH, ZAK, KRANICH, HESS, FOSTER

 

Motion failed.

 

It was clarified that the applicant would not have to come back for the future storage shed and green house. Approval of this action would allow up to 6.4%.

 

VOTE: (Main motion as amended): YES: KRANICH, FOSTER, CHESLEY, ZAK, HESS, MINSCH

 

Motion carried.

 

B.         Staff Report PL 07-72, Request for Approval of Bridge Creek Watershed Protection District Mitigation Plan for Lot 8, Block 2 Kelly Ranch Estates

 

 

 

Chair Kranich suggested that he has a conflict of interest regarding this agenda item.

 

CHESLEY/HESS I MOVE THAT YOU (Chair Kranich) HAVE A CONFLICT OF INTEREST IN THIS MATTER.

 

Chair Kranich explained that he and Mr. Alexander’s father had been in business together for over 20 years and has known Mr. Alexander for all his life. He feels that if he participated there may be a perception of conflict and therefore feels he should sit out.

 

Question was raised if Chair Kranich thought he would be unfairly biased.  Chair Kranich responded that he would try and make his decision based solely on the information provided, but he doesn’t want to leave anything open for a perception of a conflict.

 

It was clarified that there is no long term financial gain at stake here. 

 

VOTE: YES: HESS

            NO: MINSCH, FOSTER, CHESLEY, ZAK

 

Motion failed.

 

City Planner McKibben reviewed the staff report and read staff recommendations.

 

Rick Alexander, applicant, commented that the intent of the 50% reduction is to be able to build in the future, a shop/greenhouse not to exceed 780 square feet. The main purpose of the long driveway is an effort to keep the green trees. Because of the long driveway he decided to go with the wider area of drain rock on the side of the driveway. He has lived in the area for five years and there is only a short period of time that there is any surface water and that is when the snow is trying to recede and the ground is still frozen. The ground perc’s well. This is his home and he wants to make it nice. The future shop will have the perimeter drain, leach field and the gutters will be addressed as well.

 

CHESLEY/FOSTER I MOVE TO ADOPT STAFF REPORT PL07-72 WITH THE FOLLOWING CORRECTIONS:

·         ON PAGE 137 UNDER ITEM B THE CORRECTION BE MADE FROM 6.2% TO 6.4%. AND IN THE SECOND PARAGRAPH UP FROM THE BOTTOM THAT THE SECOND SENTENCE BE CORRECTED TO 6.4%.

·         ON PAGE 140 ITEM 6 EDITORIAL CORRECTION FOR INCASE TO BE ENCASE.

·         PAGE 141 B TITLE BE 6.4% IMPERVIOUS COVERAGE.

·         UNDER SENTENCE THAT BEGINS STAFF RECOMMENDS APPROVES MITIGATION PLAN INCREASE TO 6.4.

·         RECOMMENDATION 5 AND 7 CHANGE THE WORD NATURAL TO NATIVE.

A. [1]

            Request for reduction in driveway imperviousness calculation and Mitigation

           

STAFF RECOMMENDATIONS:

Staff recommends that Planning Commission reduce the impervious rating from 100% to 70% for the driveway, walkway and parking area based on the following findings:

  1. The pie shape lot is narrow near the road.
  2. The 12 foot by 130 foot driveway avoids tree clearing
  3. Potential run off from the driveway will flow into ditches lined with filter fabric and drain rock, allowing the runoff to slowly leach into the surrounding soil.
  4. A 20 foot undisturbed buffer will be retained on both sides of the lot which provides additional filtering.
  5. The lot has a gentle slope of 6-8% which allows runoff to slowly filter.
  6. Filter fabric will incase the driveway and side ditches.  No Typar to be used.
  7. The driveway will be topped with 6” of course washed gravel.
  8. The mitigation plan includes periodic maintenance to function properly.
  9. Given reasonable site conditions, research indicates that gravel driveways are 70% impervious.

 

B.  The mitigation plan for 6.2% impervious coverage

 

STAFF RECOMMENDATIONS:

Staff recommends the Commission approve the mitigation plan and the increase to 6.2% impervious coverage with the following conditions:

  1. Applicant will implement and thereafter continuously comply with the approved plan per HCC 21.59.070 (a)(2) BCWPD Requirements.
  2. There will be interception ditches along each side of the driveway which will be lined with filter fabric and filled washed drain rock.  These two ditches are 130 feet in length, 2 feet deep and 4 feet wide.
  3. The footer drains will drain into an area lined with filter fabric and filled with washed drain rock.  These areas will in turn leach into sandy soil on the north side of the property.
  4. Roof drains will drain into a second drainage area also lined with filter fabric and filled with washed drain rock.  This area will also leach into the same sandy area to the north.
  5. Construction activities shall minimize impact to the site, and natural vegetation shall be retained to the maximum extent possible per HCC 21.59.080(b)(7).
  6. The applicant will not clear green trees for proposed or future projects.
  7. The natural tall grasses and vegetation shall remain undisturbed except as necessary to construct the improvements per HCC 21.59.080(b)(4).
  8. A minimum of 20 feet of undisturbed buffer will be retained on the north and south lot lines.
  9. Silt fencing, straw bales and other best management practices will be used to control erosion and sedimentation during construction.  These measures to be in place prior to the issuance of a zoning permit and maintained until re-seeding is complete per HCC 21.59.080.
  10. The approved mitigation plan, site plan, this staff report, and the Planning Commission minutes shall be recorded.  A copy of the recorded documents to be provided to the Planning Office prior to issuance of a zoning permit.
  11. The mitigation plan includes periodic maintenance to function property.
  12. Applicant shall comply with all other applicable federal, state and local regulations.

 

Staff will review the 6.2% in the table shown on page 138 to confirm whether it needs to be corrected to 6.4%.

 

There was brief discussion regarding the research regarding the 70% imperviousness in staff recommendation 9 under section A.

 

FOSTER/CHESLEY MAKE A MOTION TO AMEND STAFF RECOMMENDATION 9[2] THAT WE ADD AFTER DRIVEWAYS CAN BE MITIGATED TO 70% IMPERVIOUSNESS.

 

They discussed the research that says the driveway can be mitigated to 70% impervious. City Planner McKibben commented that when reviewing this particular case nothing proposed seems unreasonable, but following the research seemed to be a reasonable way to address the site. 

 

Mr. Alexander cited HCC 21.59.070(b), Impervious Coverage Calculation, and said he believes he has submitted his mitigation plan and agreed to maintain it per code. Under the guidelines provided to him, he would like to have either the whole thing, or at least 50% excluded from the total 6.4% calculation. 

 

Commissioner Foster commented that at the time this was put together they didn’t have all the literature, so they didn’t want to get to specific because they wanted to see what the engineers and literature show what they can mitigate for.  Otherwise, they were giving it 100% impervious but if someone can design something with higher permeability it would allow more wiggle room.

 

CHESLEY/ZAK I WOULD MOVE THAT WE REDUCE THE IMPERVIOUSNESS OF THE DRIVEWAY BASED ON THE PLAN THAT WAS SUBMITTED BY THE APPLICANT TO 50%.

 

Commissioner Foster expressed that he would vote against this and if it passes he will vote against the entire plan because he doesn’t feel the science is there to support that.

 

Further points of discussion included:

·         Code says it can be reduced to 50%.

·         It has to be designed to meet the requirement, and packed gravel does not meet the requirement.

·         50% imperviousness allows an accessory building of up to 780 square foot. 70% imperviousness would allow up to 250 square feet.

 

Chair Chesley commented in support of the motion that the applicant has proposed a maintenance plan, which has never been proposed and based on that he feels they can move from 70% to 50%.

 

VOTE: (Primary amendment): YES: KRANICH, CHESLEY, ZAK, HESS, MINSCH

                                                NO: FOSTER

 

Motion carried.

 

Deputy City Clerk Jacobsen questioned if the 50% proposed in Commissioner Chesley’s amendment was a secondary amendment to Commissioner Foster’s amendment as Mr. Foster’s amendment hadn’t been voted on yet. There was discussion to clarify. Commissioner Chesley and Chair Kranich stated they were under the impression that Commissioner Foster’s motion was adopted by unanimous consent.  Ms. Jacobsen said that if the Commission was in agreement that they have already voted unanimously on it then it would stand approved. There was no opposition to that understanding by the Commission and therefore Commissioner Foster’s primary amendment stands approved.

 

It was confirmed that the intention of Commissioner Chesley’s motion was for the driveway to be at 50% impervious.

 

Commissioner Foster said both of these are good projects and he would have liked to support them but will not because of the 50% and the science isn’t there to support it.  When questioned why this was different than any projects the Commission has supported in the past with similar plans that didn’t include the maintenance plan as this one does. Commissioner Foster responded that now there is more information and other plans didn’t include a 700 square foot additional storage beyond a large garage and a large house.

 

There were further arguments in favor of supporting the application. Mr. Alexander commented that if there was new research, it should have been passed along before this came to the table, so he could have designed the driveway accordingly.

 

FOSTER I CALL FOR THE QUESTION.

 

VOTE: (Call for the question): YES: FOSTER, MINSCH, ZAK, KRANICH, HESS

                                                NO: CHESLEY

 

Motion carried.

 

Deputy City Clerk Jacobsen reviewed the motion as amended.

 

VOTE: (Main motion as amended): YES: ZAK, KRANICH, HESS

                                                            NO: MINSCH, CHESLEY, FOSTER

 

Motion failed for lack of majority.

 

Commissioner Chesley explained that the applicant can come back and work with staff to bring this back before the Commission.

 

FOSTER/CHESLEY I MAKE A MOTION THAT WE ADOPT STAFF REPORT PL07-72 B THE MITIGATION PLAN TO INCREASE THE ALLOWABLE IMPERVIOUS COVERAGE FROM 6.2% TO 6.4% WITH THE CHANGES THAT WERE IDENTIFIED, NATURAL TO NATIVE. 

 

There was discussion if Commissioner Foster’s motion was in order. Deputy City Clerk Jacobsen suggested that the motion may be out of order and suggested reconsidering the main motion as amended for further amendment.

 

Chair Kranich called for recess at 11:43 p.m.  The meeting resumed at 11:48 p.m.

 

Chair Kranich ruled that Commissioner Foster’s motion was out of order.

 

CHESLEY/FOSTER I WOULD LIKE TO MAKE A MOTION FOR RECONSIDERATION OF STAFF REPORT PL07-72.

 

 

VOTE: YES: CHESLEY, ZAK, KRANICH, HESS, FOSTER

            NO: MINSCH

 

Motion carried.

 

The main motion as amended was back on the floor. There was discussion on what to do next.  Deputy City Clerk Jacobsen suggested they amend the main motion to approve item B, mitigation plan to the 6.4 impervious coverage as amended and postpone action on item A until staff brings it back with whatever information the Commission needs.

 

FOSTER/CHESLEY SO MOVED (amend the main motion to approve item B, mitigation plan to the 6.4 impervious coverage as amended and postpone action on item A until staff brings it back with whatever information the Commission needs).

 

There was no further discussion.

 

VOTE: (Main motion as amended): YES: HESS, KRANICH, FOSTER, CHESLEY, ZAK

                                                            NO: MINSCH

 

Motion carried.

 

Mr. Alexander recommended to the Commission that when he, Joe Consumer, is given a set of guidelines, if the guidelines are to be changed from the time he submits his application and the time it comes to the meeting, it should go back to the guidelines and rules he was given. If this further education on the 70% shows that it should be 70%, he should have been afforded that information to be able to come up with a mitigation plan to correct it. He feels they have guideline dates and deadline dates to hear it on a certain day. If there are changes for the staff it has to be disclosed before the deadline. Now he has to go back, and will happily go back, to get the information from staff on the driveway, but if he would have been given the information when it came up, it would have been done. He thanked the Commission.

 

PENDING BUSINESS

 

A.         Staff Report 07-61 (S), Supplemental to Staff Report PL 07-53, CUP 07-11                              2007 Water Treatment Plant

 

CHESLEY/HESS I MOVE THAT WE CONTINUE STAFF REPORT 07-61(S) TO OUR NEXT MEETING.

 

There was no discussion.

 

VOTE: NON OBJECTION: UNANIMOUS CONSENT.

 

Motion carried.

 

B.         Staff Report PL 07-64, Capital Improvement Plan (Please bring your CIP packet from the August 1, 2007 meeting)

 

City Planner McKibben stated that based on their discussion at the worksession it is her understanding that the following projects be forwarded to City Council;

 

Number one priority for the CIP would be the Water Supply to include the Water Treatment Plant; Water Source and Water Shed Land Acquisition

 

Local roads:

1. Town Center

2.  Land acquisition with Waddell Road being the first.

 

Trails:

1. Senior Trail

 

State Roads:

1. East End Road, Main Street and the Intersection Improvements

 

Utilities

1. Water Supply

 

Equipment

1. Rescue Equipment

2. Communication System

 

Structures

1. Deep Water Dock

2. City Hall

3. Port and Harbor Building

4. Kachemak Bay Campus

 

ZAK/MINSCH SO MOVED TO SUBMIT THOSE PRIORITIES TO CITY COUNCIL.

 

There was no discussion.

 

VOTE: NON OBJECTION: UNANIMOUS CONSENT

 

Motion carried.

 

C.         Staff Report PL 07-77, Sign Code Amendment

 

INFORMATIONAL MATERIALS

Items listed under this agenda item can be HCC meeting minutes, copies of zoning violation letter reports and information from other government units. 

 

A.       Letter dated July 27, 2007 to Ed Adair and Tom and Charlie Knoll from Dotti Harness, Planning Technician

B.       Letter dated August 1, 2007 to Salvation Army Church from Dotti Harness,          Planning Technician

 

Comments Of The Audience

Members of the audience may address the Commission on any subject.  (3 minute time limit)  

 

There were no audience comments.

 

Comments Of The Commission

Commissioners may comment on any subject, including requests to staff and requests for excused absence. 

Commissioners Zak and Minsch had no comments.

 

Commissioner Hess suggested they look closer at the Ethics ordinance. He is aware that there are some past actions that were take by the Commission that may be effected by some new knowledge that he has of both the Ethics and Conflict of Interest ordinances.

 

Commissioner Foster commented that he believes the last applicant was reading quite a bit into that statement. He knows when that was put together and when modifications were made they wanted to leave an option for mitigating the driveway and to say just by following those two things you can get it down, at the time they discussed if they could take someone else’s design and use it.  The original plan was to work with the Soil Conservation Service and the NRCS and engineers and work on the mitigation. They didn’t give a stock answer.  Commissioner Foster showed the Commission a journal that came out about preserving scenic roadways and trying to limit strip development.  There was an article on late nights with the Commission and they are right on with mental consideration, what effects late night meetings have on mental activity and decision making under duress is severely compromised.

 

Commissioner Chesley commented regarding the sign code.  The Refuge Chapel free standing sign is approximately 32 square feet. The direction they are heading now is allowing up to 72 square feet of free standing signage.  He asked that they look at the huge visual impact 72 square feet of visual signage would have for a single business.

 

ADJOURNMENT

 

There being no further business to come before the Commission, the meeting adjourned at 12:05 a.m. The next Regular Meeting is scheduled for September 5, 2007 at 7:00 p.m. in the City Hall Cowles Council Chambers.  There will be a Worksession at 5:00 p.m. prior to the meeting. 

 

 

                                                                       

MELISSA JACOBSEN, DEPUTY CITY CLERK

 

 

Approved:                                                       

 



[1] The following italicized recommendations are the original staff recommendations copied from the staff report, prior to any amendment.

[2] Clerk’s note: Staff Recommendation 9 under section A.