Session 06-17, a Regular Meeting of the Homer Advisory Planning Commission was called to order at 7:13 p.m. on June 21, 2006 by Vice Chair Hess at the Homer City Hall Cowles Council Chambers located at 491 E. Pioneer Avenue, Homer, Alaska.

 

PRESENT:       COMMISSIONERS CONNOR, FOSTER, HESS, KRANICH, LEHNER

 

ABSENT:        COMMISSIONER CHESLEY, PFEIL (Both Excused)

 

STAFF:            CITY PLANNER MCKIBBEN

                        DEPUTY CITY CLERK JACOBSEN

 

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 Homer Projects under HCC 1.76.030 g           

            C.  KPB Coastal Management Program Reports

            D.  Commissioner Excused Absences

 

The agenda was approved as presented by consensus of the Commission.

 

APPROVAL OF MINUTES

Commission approves minutes with any amendments

 

A.        Memorandum Dated June 8, 2006 from Deputy City Clerk Jacobsen re: Motion in question from the May 17, 2006 meeting minutes.

 

The Commission discussed the memorandum regarding a motion that was made during discussion of the Sutton/Cups replat on May 17, 2006.

 

Commissioner Kranich commented that the original motion is contradictory in itself as the first part of it says the east half of Swatzell Street will be dedicated and the last part says as a utility easement.  He understands the intent of it is that it be a utility easement, not a right-of-way. 

 

The Commission agreed that reference to Swatzell Street should not have been made in the motion and the amended main motion should have been that a 30 foot utility easement be dedicated along the west lot line. 

 

RECONSIDERATION

 

PUBLIC COMMENT, PRESENTATIONS

The public may speak to the Planning Commission regarding matters not on the agenda.  The Chair may prescribe time limits.  Public comments on an agenda item 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.

 

Jerry Anderson, PO Box 13, Homer, commented that Commissioner Foster missed the fireworks at the Borough last meeting.  Mr. Anderson said the Borough Platting Officer made the comment that it isn’t uncommon for a surveyor to order a certificate to plat prior to preparing the preliminary.  In response to that Mr. Anderson responded that he doesn’t order the certificate to plat until he finds out what the squirrels at the City are going to do.  Mr. Anderson said that Public Works Director Meyer was offended by the comment and he wanted to apologize and explain publicly what he meant.   Mr. Anderson explained that when a pilot a pilot talks about winds being squirrelly, it means they are subject to change in direction and intensity.  He said some of the people that he has the greatest regard for because of their intellect and integrity are his adult children, and they are a bunch of squirrels. They think outside the box and come up with stuff you would never have thought of before. 

 

Mr. Anderson expressed his dismay at seeing Commissioner’s Connor and Lehner leaving.  He thinks they did a great job, thought outside the box and didn’t become so choked up over the letter of the ordinance that they were unable to see possible solutions that were both in the best interest of the City and the property owners.  If properly viewed, those two interests are generally very close to the same. 

 

Mr. Anderson commented that there is intrigue going on in the City’s Administration that would make a great James Bond film.  He said the City advisory Planning Commission is the body that advises the Borough Planning Commission on platting matters within the City.  When he got up to the Borough and the Sutton/Cups replat was on the agenda, the Borough Platting Officer had written the Borough Staff Report to reflect all of the recommendations of the Administration on the dedication of Swatzell Street.  It stated that “the Homer Advisory Commission approved the Plat subject to the staff recommendations with some minor revisions.”  He felt that was a misleading statement and accused the City Public Works Director and Borough Platting Officer of collusion.  When it came time for the Public Hearing, the City Public Works Director, with the blessing of the City Manager, got up and said “I am Carey Meyer, Public Works Director and I am here to represent the City of Homer”.  Mr. Anderson reported that Public Works Director Meyer proceeded to try to push the agenda of requiring the dedication of Swatzell Street.  Mr. Anderson said he raised a point of order and said Mr. Meyer is free to make comments as an individual, but the City of Homer Advisory Planning Commission speaks for the City of Homer on platting issues.   Mr. Anderson said that if the City Administration is going to try to undermine the Commission, then the Commission may as well go home and let the hired help take care of it.  He doesn’t believe that is what anyone had in mind when the Commission was appointed.  Mr. Anderson added that last year when he brought the Tulin West Highland plat before the Commission, he and the property owner had met with Public Works Director Meyer and Public Works Inspector Gardner, answered all their questions and came to an agreement on what Public Works wanted them to do, then at the meeting there was a mystery email from Public Works requesting a postponement.  Mr. Anderson said he talked to Mr. Meyer the next day who said that he never sent an email to postpone and that he and Commissioner Foster had a heated discussion whether the Public Works Director had requested postponement.  Mr. Anderson stated that somebody is lying to somebody here.  He said he has dealt with these Boards and Commissions for over thirty years and he has served on the Borough Assembly and the Homer City Council.  He said he will do battle for things that he thinks are inappropriate and will go to the mat for his client, but he said he has never lied to a Planning Commission and never tried to pull the wool over their eyes.  For the City Administration to send an employee up to undermine the Commission is unconscionable. 

 

Lastly, Mr. Anderson commented that last year he had given a letter to staff and also to the City Manager regarding the filing fees for subdivisions and his letter was never responded to in any shape or form.  In November he sent in a plat and staff advised him they had everything except the filing fee, which he said he would be happy to pay when they provided him a copy of the ordinance that authorizes charging the fee.  He said the plat he submitted in November and another submitted in March came before the Commission and they acted on them sans the application fee.  In May he submitted two more plats.  The City Manager sent a letter stating the City has the authority to charge for services and with out payment, the City will return the plats and not review them.  Mr. Anderson said he explained to the City Manager that the City of Homer Advisory Planning Commission (HAPC) has a dual role function.  When it comes to zoning matters of things that affect only the City, HAPC is advisory to the City Council, when it comes to platting matters the HAPC is advisory to the Borough Planning Commission.  In the platting authority, the HAPC authority is no more or less than any of the other cities planning commissions.  The Borough asks for the Commission’s advice regarding the plat for their area and is a function of the City and Borough, not the surveyor.  Mr. Anderson said he hand carried a letter to the City Manager and said that if the City doesn’t want to review the plats, he doesn’t care, it just means it is another meeting that he doesn’t have to go through.  Mr. Anderson said he would like the Commission to be aware that the administration has returned the two plats and the Borough subdivision ordinance has a provision that if the City does not send their recommendations within 49 days, then they are deemed to have no recommendation.  The City of Homer is now past the opportunity to comment on the two subdivisions, which are going to the Borough.   Mr. Anderson said there is not another Planning Commission in the Borough that has tried to charge a filing fee, the Borough’s filing fee is only $100 and the City charges the subdivider $200 to make their comments to the Borough.  He stated that if the City wants to have that much control, then they should ask to assume platting powers.  He said he feels that the Commission is being set out to dry and circumvented and he doesn’t believe that is the way the system is supposed to work. 

 

Commissioner Foster said the discussion he missed was with the Borough Plat Committee and it was not that he chose to miss it.  He asked Mr. Anderson for his opinion on an issue with the City and Borough in which the Borough Attorney has made a recommendation that if a member of the City Planning Commission hears a plat at the City level, they should not be able to comment on it at the Borough level.  It has caused Commissioner Foster to have to recuse himself at the Borough level.

 

Mr. Anderson responded that flies in the face of 42 years of tradition.  Traditionally the Borough Planning Commission has looked very heavily toward the City representative to comment on, clarify if necessary and be the spokesman for the City Advisory Planning Commission.  He thinks the Borough Attorney is dead wrong.  Mr. Anderson added that the two plats the City doesn’t get to see are not big deals, one eliminates a lot line and the other cuts a 20 into four fives with no dedications involved, so they aren’t missing anything big. 

 

Commissioner Foster said that there is a Commissioner from another City who chooses not to act at the City level so he can participate at the Borough level.  Mr. Anderson suggested calling their bluff and said his personal recommendation is that Commissioner Foster should comment. 

 

Commissioner Kranich asked for the status of the Sutton/Cups Replat.  Mr. Anderson said it was postponed because he did not have the contours on it, which aren’t required unless a street is being dedicated and he feels it is another indication of the collusion between the two administrations.  

 

Vice Chair Hess thanked Mr. Anderson for the information he brought to the Commission. 

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.

 

            A.        Staff Report PL 06-60 Vacation of a portion of Kallman Road Right-of-way

 

City Planner McKibben read the staff report. 

 

Rick Wise, Pastor of Glacierview Baptist Church, commented to the reason for the requested vacation stating there are two principal reasons.  First it would give complete access to their campus.  Currently this section of Kallman Road has a limited right-of-way of 30 to 35 feet and additional right-of-way and street setbacks would have a dramatic negative effect on their ability to utilize their property.  He said that if the Kallman right-of-way was increased to 60 feet plus a 20 foot set back on each side of the right-of-way, a third of their present building would be jeopardy and their building on lot 3 could be seriously encroached, depending on how the right-of-way is placed.  Pastor Wise noted that the existing 50 foot setback was added by the City thirty years after the construction of the church building.  He said they were pressured by the City to accept the setback while applying for the unification of lots 12 and 13.  Second there are safety concerns for the 100+ children that come to the campus twice weekly. They would like to preserve the safe residential atmosphere where possible.  The present layout requires children and adults cross Kallman several times per event.  With the continued increase in the utilization of their total campus, safety will be an ongoing concern. 

 

Pastor Wise stated that if Kallman were to become an active street, it would change the character of their campus.  Presently, Kallman is partially constructed at about 18 feet wide and is virtually a dead end street.  The water, sewer and ditch easements, as they now exist, could remain.  He said as the community continues to grow, there is a corresponding need to increase the size of buildings for public assembly.  He said it is difficult for churches and other non profits to compete for large tracts of land, particularly with in the City.  Many of Homer’s churches will not be able to grow with the community because there is insufficient room for expansion.  If their church cannot expand in its present location, it is difficult to determine where in the City they could build a building.  Pastor Wise pointed out that churches serve the community in many ways such as polling places and providing spaces for civic groups to meet, most of the time free of charge.  He stated the Borough has used their building for the past several years for testing students because there is no space available in the City, the high school soccer team has used their field for practice and the flex school has used their parking area for recreation, parking and other things, as the school doesn’t have adequate space.  He said the churches also open their buildings for grieving families and shelter in times of emergency.  He added that their building has been used for music recitals, and social services have used their offices repeatedly for counseling.  Pastor Wise reported that the church offers youth ministries grades K-12, as other churches in the community do.  He said most importantly, churches provide a place where people can worship according to their own choices.  He added that churches offer positive additions to most communities and neighborhoods. They break up the residential look and offer a large open space in the community.

 

Pastor Wise noted some have claimed that the church is a drain on the economy because they are tax exempt.  He said he is not one who feels they have an inalienable right to tax exemption, but it is a nice benefit.  He said it should be noted that the church offers many benefits to the community free of charge.  The church has an annual budget of $250,000 and most of that is put back into the community. 

 

Pastor Wise pointed out that East End to Mattox Street is already congestion at peak times during the day, even when school is not in session.  If Kallman were to become a north/south corridor the traffic would be more congested as it connects with East Road.  He commented that it makes more sense to bring traffic down East Hill Road and local traffic from lower subdivision to use Nelson and Ronda Streets or other available accesses to East Road.  Pastor Wise noted that Scott Thomas of Alaska DOT provided and email comment that this street does not appear to be critical to future traffic patterns.  Pastor Wise recognized that normally it’s not wise for the City to give up valuable rights-of-way; however large parcels of land within the City can provide an added value to the future of our community, a value equal to or greater than some rights-of-way. 

 

Pastor Wise commented that Public Works commented about multiple access corridors, and said these are preferable only when certain conditions are met.  There is only 357 feet between Kallman Road and Kramer Lane.  If a developer were to propose a situation like this in Homer today, alternative entry points would likely be proposed.  He pointed out that Heath Street, when complete, could carry most of the traffic west of Aurora Avenue in the Quiet Creek Subdivision.   He noted that with the Quiet Creek property that is being developed and should the Uminski property be developed he estimates 500 -600 traffic movements per day down Kallman Road.  In reference to Public Works point # 2, they have not suggested any utility easements, only making comment that there is a water line at the beginning of Kallman and there would be no reason to move or change it.   Regarding the 50 foot setback, Pastor Wise commented that the City has the leverage to ask for any rights-of-way that they want.  Back when the church applied to have lots 12 and 13 combined, they agreed to the 50 foot setback primarily because there was no other recourse.  He said they didn’t think it was a great idea; they just didn’t have any choice in the matter. 

 

Pastor Wise noted his familiarity in water and sewer lines with work he has done in the past.  He said there are a lot of options for getting water and sewer to the other subdivisions without Kallman. 

 

In closing, Pastor Wise commented that they are not proposing something dramatic.  They are asking, as an entity that has been part of the community for more than 50 years, to grow in the historical location they chose.  He provided a copy of signatures of over 150 adults who attend the church in support of the vacation. 

 

Commissioner Connor asked Pastor Wise for his input on Public Works recommendation for the realignment of Kallman.  Pastor Wise responded that he is a cooperative person, but the problem is if the street were better aligned it would benefit the church but would nullify the neighboring lots.  He doesn’t feel it would be the best solution.  He pointed it out to the Commission on the aerial map. 

 

Commissioner Foster questioned, with regard to the Homer Non Motorized Transportation and Trails Plan, if the church has issue with a trail being added.  Pastor Wise said he has talked with Kenton Bloom and had discussed sharing a trail that would align with Pennock.  He said the church is not opposed to trails and would be willing to discuss location. 

 

There was discussion of the need to eliminate lot lines between lots 1 and 2.  City Planner McKibben clarified that Borough Code states that within one year of vacation, the lots have to be re-platted.  It is two separate steps and the applicant wasn’t aware of this until after they submitted the vacation.

 

It was clarified that the church owns lots 1, 2 and 3.

 

Nathan Wise commented that they just got lot 3 this spring and have control of the property on both sides of the street.  Pastor Wise noted that the City could bring traffic down Ronda, which could be lined up with Mattox and that is more favorable than having several streets in close proximity bringing traffic onto East End Road.  

 

Karen Newell, property owner on Kramer Lane, voiced concern that because of the subdivision being developed up above, with out Kallman, it seems that Kramer Lane would be the preferred choice.  She said it is not a great street and to have all the additional traffic on Kramer, not to mention it is very congested there, especially with school traffic.  She appreciates the options being stated, but the truth is people want the shortest route, which would be Kramer. 

 

Gary Thomas, City resident whose property adjoins Kallman Street and north of the churches location, asked to clarify the record.  He noted that at the bottom of page 4 of the staff report in the paragraph that starts off “Staff notes in November 2005 the HAPC recommended..” Mr. Thomas said the quote at the tail end of the paragraph is missing an important word.   He said the Commission may recall at that meeting the recommendation was that the subdivider not be able to do some things and they came up with a list.  He explained it should read that the subdivider was not to construct Kallman within the Quiet Creek subdivision until such time that Kallman Street is fully constructed south from Quiet Creek Subdivision to East End Road.  Mr. Thomas said he does not want the record to get screwed up in the translations and repeatings over time.  He felt that is important, as the intent was so they didn’t spill a bunch of traffic on to Kramer and through the other residential subdivision.  Mr. Thomas said that vacating Kallman is not a big issue in that the Nelson/Ronda alternative has been developed.  He said he has seen from his deck while barbequing, that there are a lot of kids that run all over the church yard.  There is a lot of activity there.  He noted that as far as utilities are concerned, when Tony Neal testified to his plan for Quiet Creek, the utilities are located at the end of Kramer.  Vacating the bottom of Kallman won’t affect the utilities getting into the other subdivisions.   Mr. Thomas thanked Commissioners Connor and Lehner for their service on the Commission and he looks forward to their replacements doing a fabulous job too. 

 

Commissioner Foster asked whether Mr. Thomas was or was not in favor of the vacation request.  Mr. Thomas said that personally, he would love to never have Kallman developed next to his house, because it gives him some green buffer space.  He added that he would not like Kallman developed and spill traffic onto Kramer as well and Nelson/Ronda puts the traffic onto East End Road from a better position from a traffic control stand point.  He does not oppose having it developed as a trail, the issue is setting the easement in place is going to dictate how the church can develop the parcel. 

 

City Planner McKibben commented regarding Mr. Thomas’ clarification on the recommendation of the Quiet Creek Plat.  She said her recollection is the same as Mr. Thomas, but she copied and pasted into her staff report directly from the minutes of the November meeting.  She said if it is something the Commission wants to be clear about then more investigation can be done. 

 

Rich Fetterhoff, City resident, reiterated Pastor Wise and Mr. Thomas’s concerns.  His concern is primarily safety.  He is a leader in the Pioneer Club at the church and there are a lot of kids involved and a lot of games played where they are crossing the right-of-way.  If it were to be developed into a thoroughfare, it would put a lot of kids in a precarious situation. 

 

Pastor Wise followed up with Mr. Thomas’s comments regarding water and sewer.  He pointed out on the aerial photo where the water and sewer stubs are and water is contingent on which pressure reducing station and what level it is.  From a practical point of view a lot of the water would have to come from the area near Paul Banks, but the lower portion could be fed very easily through Kramer, which is already stubbed in there.  He noted the main at Kallman only has a 6 inch stub across.  He feels the utilities can be brought in a variety of ways. 

 

Deputy City Clerk Jacobsen commented regarding Mr. Thomas’s concern with the staff report and City Planner McKibben’s response.  Ms. Jacobsen said the entire section of the minutes was not cut and paste into the staff report, only the item number three.  She stated the minutes do say that they shall not construct Kallman, as Mr. Thomas had pointed out.[1]

 

There were no further comments and Vice Chair Hess closed the Public Hearing.

 

CONNOR/KRANICH MOVED TO ADOPT STAFF REPORT PL 06-60 THE VACATION OF A PORTION OF KALLMAN ROAD WITH STAFF RECOMMENDATION.

 

STAFF COMMENTS/RECOMMENDATION:

Planning Commission recommend the vacation of the Kallman Street not be approved and findings adopted supporting this.

 

Commissioner Connor commented that she understands the concerns of both parties and would like to see all of Kallman vacated.  She questioned that the way the motion was written and what has been referred to in the Quiet Creek Subdivision, if Kallman was not fully constructed south of the Quiet Creek Subdivision, then would it void it as a right-of-way.

 

City Planner McKibben responded that the Borough Code requires that rights-of-way be platted to connect with other platted rights-of-way.  The preliminary plat had to show the connection to the existing right-of-way of Kallman Street.  Even though Nelson/Ronda was platted it doesn’t take away the requirement in Borough Code to connect rights-of-way.  It had to be platted with the Kallman right-of-way.  If the south 30 feet of Kallman is vacated it doesn’t make it the remaining portion go away.  The north section of Kallman still exists. The recommendation is still in place and it could still be constructed up to where it ends. 

 

Commissioner Foster asked if the vacation was granted and Kallman was built, would another applicant be forced to provide a cul-de-sac or turn around. 

 

City Planner McKibben responded that she thinks Public Works would have included it if it were needed. 

 

Commissioner Kranich responded that he is undecided at this point.  He can see positives and negatives on both sides of the issue.

 

There was discussion regarding what has happened regarding the development of  Nelson and Ronda.

 

Commissioner Lehner commented that she likes the idea of promoting alternative modes of transportation.  It could be done here in a proactive way for pedestrian and bicycle access.

 

LEHNER/CONNOR MOVED TO VACATE THE MOTORIZED RIGHT-OF-WAY AND SUBSTITUTE A NON MOTORIZED RIGHT-OF-WAY OF THE SAME WIDTH.

 

Ms. McKibben commented that the rights-of-way have setbacks so this action will not take away the 20 foot set back.  She noted that only alleys can have reduced setbacks.  She doesn’t believe the City Code or Borough Code differentiates between motorized and non motorize rights-of-way and questions if it is something that can be noted in a plat note. 

 

It was discussed that if the vacation was not granted, the City would still need the additional thirty feet on the other side of the property line.  Keeping the thirty feet will still allow Public Works to use it for utilities and the public could still use it for non motorized activity. 

 

 

VOTE:  NO:  CONNOR, KRANICH, HESS, FOSTER, LEHNER

 

Motion failed. 

 

Commissioner Kranich commented that from the community standpoint it would be adequate to be able to traverse up the west property line of the large lot 12A and across the top of the north boundary.  It is a new concept so the applicant should have the opportunity to comment on it.

 

City Planner McKibben noted the staff report refers to Borough Code 20.28.160 Other Access Provisions.  Commissioner Foster added that the Borough has a lot of requirements and restrictions regarding half streets.  He said that an easement may be a possible alternative and suggested only from the north end of the lot to the south end. 

 

 

Commissioner Connor commented that she is in favor of the vacating, but not at the expense of increased traffic on Kramer.  She asked that the Commission not forget about that issue. 

 

LEHNER/KRANICH MOVED TO POSTPONE UNTIL IT IS BROUGHT BACK BY STAFF.

 

VOTE:  YES:  CONNOR, HESS, KRANICH, FOSTER, LEHNER

 

Motion carried.

 

Vice Chair Hess called for a recess at 8:47 pm.  The meeting resumed at 8:59 pm.

 

            B.         Staff Report PL 06-62 Vacation of a portion of East Hill Road

 

City Planner McKibben read the staff report.

 

Paul Voeller, project surveyor, advised the Commission he is available for questions.  He stated he agrees with the staff report for this and the following action.

 

There was brief discussion regarding the status of the lot.  City Planner McKibben pointed out that the staff report identifies it as vacant and the aerial photo shows it as vacant.

 

Commissioner Connor asked if there were other drainages besides the one shown on the western lot line.  Mr. Voeller responded he needs to get up there and map it to show them on the plat as all drainages and steeps slopes must be shown. 

 

There were no public comments.

 

LEHNER/KRANICH MOVED TO ACCEPT STAFF REPORT PL 06-62 WITH RECOMMENDATION. 

 

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 Corps. of Engineers prior to any on-site development or construction activity to obtain the most current wetlands designation (if any).

2.         Grades in excess of 20% to be identified on plat.

3.         Drainages to be shown on plat.

 

There was discussion regarding the need for that particular piece of land for East Hill Road.  It was clarified that the property belongs to DOT and while vacations of rights-of-way are always taken under serious consideration it doesn’t appear that this portion serves the public good, it may be in the best interest to get it on the tax rolls. 

 

Commissioner Foster questioned if the City gets a notice from the State that they are in agreement with vacating the right-of-way.  City Planner McKibben responded that the applicant will need to have it when they go to the Borough.    

 

VOTE:  YES:  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 public.

 

A.        Staff Report PL 06-63 Bayview Gardens Addition No. 3 Subdivision Fefelov Replat Preliminary Plat

 

City Planner McKibben reviewed the staff report.

 

Mr. Voeller had no comment.

 

There were no public comments. 

 

LEHNER/KRANICH MOVED TO ACCEPT STAFF REPORT PL 06-63 WITH RECOMMENDATION.

 

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.         Army Corps. of Engineer permits submitted to Public Works prior to the execution of the Subdivision Development Agreement.

3.         Depict and note the 100 foot drainage easement centered on the creek dedicated by the parent plat.

 

Commissioner Kranich commented that on the section of the new lot next to East Hill Road he sees a notation for a 20 foot road easement and questioned what it was for.

 

Mr. Voeller responded that an action similar to this was taken previously and they added the 20 foot easement to follow what was done on that plat to carry it on out.  He said it is a roadway easement. 

 

City Planner McKibben added that it may be a slope easement as Public Works Director Meyer has commented in the past about needing those easements and in this case it is also the building setback. 

 

Mr. Voeller commented that they had received a letter back from DOT asking for some additional information and it will be included in the information that goes to the Borough. 

 

VOTE:  YES:  LEHNER, HESS, FOSTER, CONNOR, KRANICH

 

Motion carried. 

 

B.         Staff Report PL 06-64 Bidarka Heights Unit 3 Subdivision Letzring Addition Preliminary Plat

 

City Planner McKibben read staff report.

 

Vice Chair Hess noted for the record that two letters were provided regarding this preliminary plat.  [2]

 

Matt Letzring, applicant and owner, pointed out that he has kept the subdivision at a minimum density, taking into consideration the topography and noted that there is drainage on the east side of the plat.  Mr. Letzring said he is not opposed to dedicating the sixty feet through the subdivision for the road, but the road goes out to where there is a 100 foot drainage setback, so he questions the purpose of building the whole road to City standards.  He said he has talked with staff and understands the City’s concern that in the future other people will subdivide which will bring up issues.  Mr. Letzring commented his understanding is that dedicating the right-of-way will help accomplish the City’s goal of Highland Drive connecting all the way across.  He noted that the property owner of the 20 acres next to his has said he has no intention of subdividing; adding that could always change in the future, but connecting the two would create a very sharp “S” turn through the drainages.  Mr. Letzring reiterated that he is open to dedicating the right-of-way but he would have to divide his property into smaller lots to make it fiscally possible to construct the road.  He said the area doesn’t lend itself to high density because of soils and wetlands in the area.  The road connection doesn’t make sense with the master plan.  Mr. Letzring said he has tried to stay out of the wetlands with his plan and do things that make sense based on the topography of the land.  He made reference to the two letters that were presented to the Commission and noted the owners have concerns and perhaps don’t see the need to develop Highland Drive all the way through because of effects on the springs and their water.  He suggested either dedicating and not constructing all the way through or not dedicating and stopping half way through would make sense.  

 

There was question whether Mr. Letzring had contacted the Corps. of Engineers (COE) and Mr. Letzring said he spoke to them briefly.  Their response had been that staying out of the delineated areas, it is a moot point.  When the road gets built or dealing with septics is when the COE would need to be involved.

 

Question was raised regarding a cul-de-sac.  Mr. Letzring said he spoke to Public Works Inspector Gardner who said it is his job to get what is dedicated constructed to standards.  Mr. Letzring spoke to Borough Platting Officer Toll who wasn’t in favor of a cul-de-sac. 

 

Commissioner Connor asked for clarification on what Mr. Letzring was in favor of doing regarding the road.  He responded that he was willing to dedicate the entire road and build it to standards to the point on the drawing he provided the Commission.  Ms. Connor asked about the trail going through the property.  Mr. Letzring responded it is his understanding that it is a logging road.  It follows closely to where the dedication would be and is the one spot that would fit through the canyon.  He said he would be open to consideration of pedestrian easement. 

 

Commissioner Kranich questioned if Public Works would really require that the road be developed all the way up.  Mr. Letzring responded that Mr. Gardner felt that if it was dedicated all the way through, it needed to be built to standards, unless the Commission approved an alternate plan. 

 

Discussion continued regarding the dedication and the development of Highland all the way across.  A suggestion was raised to prohibit further subdivision of the properties.  City Planner McKibben commented that it is important that the right-of-way be platted.  She raised the point of what would happen if the property owner on the other side decided to subdivide and the City obtained the last piece of Highland Drive and it is constructed.  She questioned what mechanism the City would have to go back and require the responsible party come back and construct that portion.    

 

Jonathon McCubbins, property owner below the subject property, clarified that the road there now is not a pioneer road, it is a logging road.  He suggested that if the City is going to have the easement all the way through, they should get all of the East Highland property owners in because it is going to affect them too.  Mr. McCubbins pointed out there is a through street already where Sprucewood connects to Highland.  He questioned why Highland had to be developed when Sprucewood already serves that purpose. 

 

Marjolein Cardon, property owner on Bay Vista Court, stated that there is a waterway that feeds the well that has served homes there for years and expressed her concern of how the increased development and septic systems will affect the water source.  Ms. Cardon recommended platting with heavy restrictions.  She said there are thirteen lots that will be directly affected with this subdivision and is concerned that with further development there will be failing septics going into the water system.  She noted that several property owners own water rights.  She further suggested that because of the aquifer there be a conservation easement or watershed protection easement added.  Ms. Cardon explained that the water from the spring goes under the highway and several wells pull water from the spring.

 

There was discussion of a 20 foot conservation easement.  City Planner McKibben pointed out that staff recommendations include a 100 foot drainage easement centered on the creek dedicated by the parent plat.

 

Dennis Novak, Councilmember and property owner in the area commented that he sat through this same issue 10 years ago when it was 62 acres being subdivided into three lots and Eileen Bechtol was the City Planner, adding that he is not for or against Mr. Letzring’s proposal.  He said they went ahead and approved the subdivision but said that next time they would need to be developed to City standards.  He said here we are again subdividing into three lots and not wanting to bring it up to City standards until the next person subdivides.  Councilmember Novak commented that the real issue is that a lot of this area contains wetlands and recharge areas for the spring that Ms. Cardon spoke about and the stream that comes down on the east side of Mr. Letzring’s property.  It is a historic water source and because several property owners in the area own their water rights they would have legal recourse if something impacts the water source.  Councilmember Novak said this arae would lend itself better to subdividing if City water and sewer were available.  He also noted that a road could create a dam for the recharge area.  Councilmember Novak provided a letter from City Attorney Tans to Ms. Bechtol regarding the prior subdivision in 1996 and he specifically noted Mr. Tans’ comment at the end of the importance of protecting the water sources in and around the proposed subdivision. 

 

Commissioner Foster questioned who is supporting the connection of Highland Drive besides the City and Borough.  Councilmember Novak responded there isn’t really any neighborhood support except perhaps the people on Sprucewood to take away the traffic from people going to the dump.  He noted that the development of Highland Drive is in the master plan.

 

Vice Chair Hess stated that he resides on Highland Drive.

 

Vice Chair Hess called for a recess at 10:04 pm.  The meeting resumed at 10:10 pm.

 

Vice Chair Hess recognized that he did not give Mr. Letzring the opportunity to rebut and asked if he had any further comments.

 

Mr. Letzring commented that because of the amount of trees that were logged off the property it is clearly not a flowing wet stream area but noted there are sections that need to be dealt with.  He said his plan makes sense and is the best use.  The wetlands are first and foremost in his mind.  If it is left as 20 acres and a cattle farmer comes in, then there will be issues with feces and contamination of the water source.  

 

CONNOR/LEHNER MOVED TO POSTPONE ACTION UNTIL A FURTHER TIME.

 

Commissioner Lehner commented that there are a whole lot of issues that are intermingled here.  She noted the hydrological issues and concerns of connecting Highland through.  She noted that the landowner appears to be willing to implement some long term protections that benefit the community by maintaining less dense development along the Gateway. 

 

Commissioner Kranich commented in reference to the letter from City Attorney Tans, it contains some clear language pertaining to plat approvals.  He asked that it be included in their next packet.

 

Commissioner Connor suggested that having the COE pay a visit to the site may be in order due to the sensitivity of the area and the questions regarding the water quality and that would be another reason to postpone action.  She recognized it is something the applicant would have to be willing to do. 

 

Vice Chair Hess commented that it has been brought to their attention that people with water right have an avenue of recourse if the development of the subdivision affects their water.  He added that they could possibly identify an issue of affecting health, safety and welfare in this case. 

 

Commissioner Foster commented that the only hand the Commission can play is whether the road is being developed in a manner suitable to City and Borough standards.  The water rights are an individual issue that property owners would have to deal with.  He feels the State would have a better chance stating that the road may wash out because of flooding from wetlands being taken away.  Commissioner Foster commended the City for their recommendations before the final plat, especially having the COE permits to Public Works prior to the subdivision agreement.  He also commended the property owner for looking at different options for conserving the area.  Commissioner Foster added that based on information from a roads conference he attended, he is concerned about roads being built just because they were on a plat before.

 

Commissioner Kranich commented that there is a procedure in place in the City which allows a property owner to build a driveway in the right-of-way which could be an option in this case.

 

City Planner McKibben pointed out that the applicant has requested the Commission recommend to Public Works that he not be required to develop the entire right-of-way.  She referenced Commissioner Lehner’s concern that an evaluation of the Transportation Plan with regard to this proposed right-of-way should be done.  Ms. McKibben said that after looking over City Attorney Tans’ letter it appears to relate primarily to water rights and how it is affected by a platting action.  In general it indicates that people with water rights have legal rights, but they are outside the platting authority.  She noted that the developer has already said he would voluntarily take some steps to limit development on the property. 

 

VOTE:  YES:  LEHNER, HESS, CONNOR

NO:  KRANICH, FOSTER,

           

Motion failed for lack of a majority.

 

FOSTER/KRANICH MOVED TO ACCEPT STAFF REPORT PL 06-64 WITH THE THREE STAFF RECOMMENDATIONS 1,3 AND 2.

 

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).

3.  Army Corps of Engineer permits submitted to Public Works prior to the execution of the Subdivision Agreement.

2.  Depict and note the 100 foot drainage easement centered on the creek dedicated by the parent plat. 

 

Commissioner Foster commented that the Public Works recommendations that the Subdivision Agreement focus on Highland Drive improvements rather than on the COE permits, as the staff recommendation states. 

 

Commissioner Kranich pointed out that the alternate plat the applicant submitted seems to make more sense because the only dedication required would be enough to gain access to the properties and not going another 600 feet as a road to nowhere. 

 

There was discussion of appropriate action regarding the dedication of the road. 

 

KRANICH/LEHNER MOVED TO ADD A RECOMMENDATION THAT HIGHLAND DRIVE BE DEDICATED TO PROVIDE APPROXIMATELY 50 FEET OF ROAD FRONTAGE ON LOT 2B.

 

Commissioner Kranich commented that there is concern about the road being extended all the way through and this does provide access.

 

Commissioner Foster recommended that reference be made to the laydown provided by the applicant. 

 

FOSTER/KRANICH TO AMEND THE AMENDMENT TO INCLUDE A REFERENCE TO THE LAYDOWN PROVIDED BY THE APPLICANT. 

 

There was no further discussion on the secondary amendment.

 

VOTE (Secondary amendment):  YES: CONNOR, HESS, KRANICH, FOSTER, LEHNER

 

Motion carried.

 

There was no further discussion on the primary amendment.

 

VOTE (Primary amendment): YES: CONNOR, LEHNER, KRANICH, HESS, FOSTER

 

Motion carried.

 

CONNOR/LEHNER MOVED FOR A RECOMMENDATION THAT A PLAT NOTE BE ADDED THAT NO FURTHER SUBDIVISION WILL BE ALLOWED.

 

Commissioner Connor commented that the applicant seems willing to do that and she thinks it is what is best for the land and the neighbors surrounding it.

 

There was discussion that this is the type of action the developer spoke in support of.

 

VOTE: YES:  CONNOR, LEHNER, KRANICH, HESS, FOSTER

 

Motion carried.

 

LEHNER/CONNOR MOVED FOR A RECOMMENDATION THAT THE SUBDIVISION AGREEMENT ENSURE THAT THE ROAD BE ENGINEERED TO ALLOW CROSS FLOW BENEATH THE ROAD PRISM. 

 

Commissioner Lehner said that it was recommended in her subdivision that they could put cobble rocks underneath the gravel and allow subsurface flows as opposed to intercepting the flows and conveying them in a ditch.  She feels the subdivision agreement could address this.

 

VOTE:  YES:  LEHNER, HESS, FOSTER, CONNOR, KRANICH

 

Motion carried.

 

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

 

VOTE:  YES:  FOSTER, CONNOR, LEHNER, KRANICH, HESS

 

Motion carried.

 

OLD BUSINESS

 

A.        Staff Report PL 06-47, Resolution 06-19 Gateway Zoning District

 

City Planner McKibben reminded the Commission there is a worksession scheduled for June 22nd at 1:00 pm in the Conference Room.  She would like to schedule the public hearing for July 19.

 

LEHNER/KRANICH MOVED TO POSTPONE TO TOMORROWS WORKSESSION.

 

There was no discussion.

 

VOTE:  NON OBJECTION:  UNANIMOUS CONSENT.

 

Motion carried.

 

B.         Commission Work List, Ongoing

 

There was no discussion regarding the work list.

 

NEW BUSINESS

The Commission hears a report from staff, testimony from applicants and the public.  Commission business includes resolutions, ordinances, zoning issues, request fro reconsideration and other issues as needed.  The Commission may ask questions of staff, applicants and public.

 

A.        Staff Report PL 06-66 City of Homer Capital Improvement Plan - Commission Input needed by June 22, 2006

 

City Planner McKibben clarified that they have the next three regular meetings to discuss this item.

 

KRANICH/FOSTER MOVED TO POSTPONE ACTION ON THIS ITEM UNTIL AUGUST 2ND.

 

Commissioner Foster encouraged the Commission review and do their scoring prior to the August 2nd meeting because there is a lot of good stuff in there.

 

VOTE:  NON OBJECTION:  UNANIMOUS CONSENT.

 

Motion carried.

 

B.         Staff Report PL 06-67 Amendment to Marine Commercial and Marine Industrial Zoning Districts - HCC 21.52 and 21.53

 

There was discussion that they would like to have input from the Port and Harbor Commission prior to taking action.

 

Vice Chair Hess suggested postponing action on this until they hear back from the Port and Harbor Commission.

 

CONNOR/LEHNER SO MOVED.

 

There was no further discussion.

 

VOTE:  NON OBJECTION:  UNANIMOUS CONSENT.

 

Motion carried.

 

REPORTS

 

A.                 Kenai Peninsula Borough Report

 

Commissioner Foster commented that Mr. Anderson gave a good report today and the most important aspect is whether he should recuse himself when the City’s plats come before the Borough.  Vice Chair Hess asked if it would be appropriate for staff to take this up with the City Manager and possibly get a legal opinion from the City Attorney to direct Commissioner Foster at the Borough level.  Commissioner Foster expressed his understanding that he listen to each issue with an open mind and quite often new information is presented for consideration.  He requested clarification if he would be restricted to vote as he did during the City’s action.  He said if the concern is an unbiased opinion, then he believes he should vote as the facts are laid out in a manner that seems appropriate.  He added that the City of Homer doesn’t have anything on the agenda for the next Borough Planning Commission.  Commissioner Foster said that Mr. Anderson told him what the two subdivisions are and Commissioner Foster said he would have a problem with one of them. 

 

            B          Kachemak Bay Advisory Planning Commission Report

 

There was no Kachemak Bay Advisory Planning Commission Report.

 

PLANNING DIRECTOR’S REPORT

 

There was discussion regarding upcoming meetings.  The Fred Meyer CUP will be scheduled for a special meeting July 12th. 

 

Vice Chair Hess asked if she had any input regarding Mr. Anderson’s earlier comments.  City Planner McKibben said she had no specific comments but appreciated his apology for offending Public Works Director Meyer.

 

INFORMATIONAL MATERIALS

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

 

A.        Letter dated May 23, 2006 to Timothy Carr from Dotti Harness, Planning Technician

B.         Letter dated May 23, 2006 to Doug Meeker from Dotti Harness, Planning Technician

C.        Letter dated June 2, 2006 to Ken and Linda Rowell from Dotti Harness, Planning Technician

D.        Letter dated June 6, 2006 to Mary Naumann from Dotti Harness, Planning Technician

E.        Letter dated June 8, 2006 to Richard Gregoire from Dotti Harness, Planning Technician

F.        Letter dated June 8, 2006 to Dennis and Annette Koth and Contractors from Dotti Harness, Planning Technician

G.        Memorandum dated June 8, 2006 to the HAPC from Melissa Jacobsen, Deputy City Clerk I regarding Making a Motion

H.        Letter dated June 13, 2006 to Bryan Zak, HAPC from James C. Hornaday, Mayor by Val McLay, Mayor ProTempore regarding appointment to the HAPC

I.         Letter dated June 13, 2006 to Sharon Minsch, HAPC from James C. Hornaday, Mayor by Val McLay, Mayor Pro Tempore regarding appointment to the HAPC

J.         Memorandum 06-92, Appointments of Sharon Minsch and Bryan Zak to the Homer Advisory Planning Commission

 

 

COMMENTS OF THE AUDIENCE

Members of the audience may address the Commission on any subject.  The Chair may prescribe time limits.

There were no audience comments.

 

COMMENTS OF THE COMMISSION

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

 

Vice Chair Hess expressed his appreciation for the input of both Commissioner Lehner and Commissioner Connor.  He is sad about the circumstances regarding Ms. Connor no longer being able to participate.  He added that he is looking forward to the working with the new Commissioners. 

 

Commissioner Lehner said it has been a pleasure to work with everyone.  City Planner McKibben added that Ms. Lehner has a perfect attendance record.  Ms. Lehner said this is a challenging job and appreciates the new Commissioner’s willingness to put in the time and effort.

 

Commissioner Connor thanked Mr. Hess for his sentiments.  She said it has been a pleasure and honor to do this and realizes that she is going to miss it.  It is very interesting to her and they will see her at the meetings.  She welcomed the new Commissioners and wished them good luck.

 

Commissioner Kranich commented that he would miss Commissioner Connor, even though they usually sat pretty solidly on opposite sides of the fence.  He recognized that different view points need to be brought forward.  He hopes to be pleasantly surprised and someone else coming on will share her view point.  He said he is also looking forward to working with the new Commissioners.  Commissioner Kranich commented that it was brought up to him regarding the memorandum on approval of the minutes, that it wasn’t clear by looking at the agenda specifically what the memorandum was pertaining to. 

 

Commissioner Foster called Ms. Connor the Lorax, as she speaks for the trees and he appreciates that.  He appreciated knowing that the trails and the trees would be addressed and although he may not agree with all the decisions, he knew they would be addressed.  He said on Monday he attended an education program as a representative from the Kachemak Bay Research Reserve.  It was a discussion with the City, Phil North from EPA, Dave Casey from COE and Gary Williams from KPB Coastal Management Program for a discussion of the bank stabilization that is going on.  Commissioner Foster said he received an email from City Manager Wrede regarding the workshop with Orson Smith regarding best management procedures for property owners on how to deal with the erosion and how best to deal with it. He is looking for guidance from the City on what type of workshop they would like.  He said he will keep the Commission updated on the progress. 

 

There was discussion regarding the sign for the Bunk House sign that the Refuge Chapel displays from time to time.  City Planner McKibben said staff is meeting with them to discuss what is going on there. 

 

City Planner McKibben reminded the Commission of the special meeting for an executive session for the GCI appeal on June 28th and the special meeting for the Fred Meyer CUP on July 12th.

 

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 11:06 p.m. The next Regular Meeting is scheduled July 19, 2006 at 7:00 p.m. in the City Council Chambers.  There will be a worksession at 6:00 p.m. prior to the meeting.  A Special Meeting is scheduled for Jul90y 12, 2006 in the City Hall Cowles Council Chambers.

 

 

 

                                                                                   

MELISSA JACOBSEN, DEPUTY CITY CLERK

 

Approved:                                                                   

           

 

 



[1] Deputy City Clerk Jacobsen reviewed the minutes of November 16, 2005 via the internet. 

[2] Both letters were in opposition to the approval of this subdivision.