Session 07-14, a Regular Meeting of the Homer Advisory Planning Commission was called to order by Chair Kranich at 7:04 p.m. on September 5, 2007 at the City Hall Cowles Council Chambers located at 491 E. Pioneer Avenue, Homer, Alaska.

 

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

 

STAFF:             CITY PLANNER MCKIBBEN

                        DEPUTY CITY CLERK JACOBSEN

                        PUBLIC WORKS DIRECTOR MEYER

 

AGENDA APPROVAL

 

CHESLEY/HESS I WOULD MOVE THAT WE CHANGE THE ORDER UNDER ITEM 10 OF PENDING BUSINESS THE EXISTING ITEMS WOULD BE RENUMBERED AS FOLLOWS, ITEM A WILL REMAIN THE SAME, ITEM B WILL BECOME ITEM C, ITEM C WILL BECOME ITEM D, ITEM D WILL BECOME ITEM B, AND ITEM E WILL REMAIN THE SAME.

 

There was no discussion.

 

VOTE: NON OBJECTION: UNANIMOUS CONSENT

 

Motion carried.

 

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

 

A.         Staff Report PL 07-80, Reconsideration of Staff Report PL07-70, James Waddell-Burns Addition Preliminary Plat (If reconsideration is approved the Preliminary Plat will be back before the Commission under Pending Business)

 

HESS/MINSCH I WOULD LIKE TO MOVE THAT WE RECONSIDER STAFF REPORT PL 07-70.

 

Commissioner Hess commented that after giving more consideration to the Transportation Plan and potential amendments to the Borough Code regarding legal access he thinks it is worthy of another look from the Commission.

 

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

            NO:  MINSCH, ZAK

 

Motion carried.

 

Chair Kranich advised the Commission that this will be taken up as Pending Business Item A.

 

ADOPTION OF THE CONSENT AGENDA

All items on the consent agenda are considered routine and non-controversial by the Planning Commission and are approved in one motion. There will be no separate discussion of these items unless requested by a Planning Commissioner or someone from the Public, in which case the item will be moved to the regular agenda and considered in normal sequence.

 

1.         Approval of the Minutes of August 15, 2007

2.         Time Extension Requests

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

4.         KPB Coastal Management Program

5.         Commissioner Excused Absences

 

CHESLEY/FOSTER I WOULD MOVE THAT WE ADOPT THE CONSENT AGENDA.

 

Chair Kranich stated that Commissioner Foster had noted an explanation that he was going to give to the City Clerk and Chair Kranich would provide a copy of the typographical errors he noted.

 

VOTE: NON OBJECTION: UNANIMOUS CONSENT

 

Motion carried.

 

PRESENTATIONS

Presentations approved by the Planning Director, the Chair, or the Planning Commission. A Public Works representative may address the Planning Commission.

 

There were no presentations.

 

REPORTS

 

A.         Borough Report

 

Commissioner Foster commented that he would talk about the road ordinance when it comes up later on the agenda. He said that at the last two meetings there have be a fair amount of violations brought before the Planning Commission in regard to the 50 foot setback on the anadramous streams. There have been some late meetings because of this but the Planning Commission has upheld the staff requests of dealing with the violations. He noted that their next meeting is in Seward.

 

B.         Kachemak Bay Advisory Planning Commission Report

 

No KBAPC report.

 

C.         Planning Director’s Report

            1.         Staff Report PO 07-85, Planning Director’s Report

 

City Planner McKibben reviewed her staff report. She advised the Commission that today the decision by the Board of Adjustment (BOA) on the Refuge Chapel was distributed and copies will be available for the Commission. The decision has been remanded back to the Planning Commission. The BOA only addressed one allegation of error, which was Mr. Griswold’s allegation that Planning Technician Harness had a conflict of interest because she is a property owner within 300 feet of the project. The BOA determined there was a reasonable appearance of a conflict.

 

PUBLIC HEARINGS

The Commission conducts Public Hearings by hearing a staff report, hearing public testimony and the acting on the Public Hearing items. (3 minute time limit) The commission may question the public. Once the public hearing is closed the Commission cannot hear additional comments on the topic.

 

There were no public hearings scheduled.

 

PLAT CONSIDERATION

The Commission hears a staff report, testimony from applicants and the public, The Commission may ask questions of staff, applicants and the public, The Commission will accept testimony or a presentation on agenda items that involve an applicant.

 

A.         Staff Report PL07-75, Anderson 1973 Subdivision Johnson Addition Preliminary Plat

 

City Planner McKibben summarized the staff report.

 

Roger Imhoff, surveyor and applicant’s representative, commented that he has an issue with recommendation three regarding the 30 foot building setback. He noted that a 20 foot building setback is standard if Heath Street does end up adjacent to the lot. It seems unlikely to him and it is not shown on the State Transportation Plan that they anticipate a taking from this lot. Mr. Imhoff thinks 30 feet is a bit too much. The property owner is willing to give up 20 feet for a setback. Mr. Imhoff recommended eliminating the language about the accessory structures and amending the recommendation to grant a 20 foot setback along the eastern property line.

 

MINSCH/ZAK I MAKE A MOTION TO ADOPT STAFF REPORT PL 07-75 ANDERSON 1973 SUBDIVISION JOHNSON ADDITION PRELIMINARY PLAT WITH STAFF RECOMMENDATIONS.

 

STAFF COMMENTS/RECOMMENDATIONS:

Staff notes this is a complete preliminary plat submittal and includes all of the customary plat notes.

 

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

 

  1. Dedicate the standard radius return at the SE corner or lot 7B as opposed to the narrow sliver of ROW dedication proposed
  2. Depict the twenty-foot utility easement along the northern property line from the parent plat.
  3. Dedicate a 30 foot building setback along the eastern property line, with a plat note stating that detached accessory structures under 200 square feet are allowed within that area (but still meeting any side yard lot line requirements) until such time as the Heath Street extension to Anderson Street is platted. At that time, the landowner may petition to delete the plat note if the parcel is not otherwise replated as part of the extension.

 

There was discussion regarding the 30 foot setback and reason for the request being that they can not request right-of-way at this time. There are many potential alignments and uncertainty in the plan and timing. In more certain cases the City would recommend a dedication of right-of-way.

 

CHESLEY/FOSTER I WOULD LIKE TO MOVE THAT WE AMEND STAFF RECOMMENDATION THREE TO CHANGE THE 30 FOOT BUILDING SETBACK TO 20 FOOT BUILDING SET BACK AND THAT WE END THE SENTENCE AFTER THE WORD PROPERTY LINE AND STRIKE THE REST OF THE RECOMMENDATION.

 

It was suggested that they leave a small portion at the end of the eastern property line at the 30 feet to accommodate the potential intersection plan study as shown in the color insert of their packet. Point was made that recommendation 1 will address the alignment issue as the radius return will go around the corner of the lot.

 

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

 

Motion carried.

 

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

 

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

 

Motion carried.

 

B.         Staff Report PL07-78, Derose Subdivision-Martin Addition Preliminary Plat

 

City Planner McKibben reviewed the staff report. 

 

Roger Imhoff, surveyor and applicant’s representative, said he had no comments but was available for questions. He was asked what the grade change would be from the front of the lot to where it rises up to the back of the lot line. Mr. Imhoff said his guess was 10 to no more than 15%.

 

There were no public comments.

 

Chair Kranich suggested that he may have a conflict of interest. He has known the applicant, Diann Martin, for many years and was employed by her and her husband years ago. They still maintain a casual friendship.

 

CHESLEY/FOSTER I WOULD MOVE THE CHAIRMAN KRANICH HAS A CONFLICT OF INTEREST IN THIS MATTER.

 

When questioned, Commissioner Kranich stated he believes that the relationship would not hinder his judgment on the application and he expects no financial gain from the action.

 

Chair Kranich passed the gavel to Vice Chair Minsch, who called for the vote.

 

VOTE: NO: FOSTER, CHESLEY, ZAK, HOWARD, HESS, MINSCH

 

Motion failed.

 

Chair Kranich received the gavel from Vice Chair Minsch.

 

MINSCH/FOSTER I MAKE A MOTION TO ADOPT PL07-78 DEROSE SUBDIVISION-MARTIN ADDITION PRELIMINARY PLAT WITH STAFF RECOMMENDATIONS.

 

City Planner McKibben referenced the aerial photo and commented that the flag of the lot is about 450 feet from West Hill. Commissioner Chesley noted that anything within 600 feet of West Hill is in the zone of influence of the intersection.

 

Commissioner Chesley questioned the fire department accessibility with this 20 foot panhandle that is 223 feet long. City Planner McKibben responded that based on the recommendation of the City Attorney, the Fire Chief is not making those recommendations at this time.

 

It was noted that when there is a subdivision action that is adjacent to an arterial, the Commission has the ability to require a frontage road to limit the accesses on to the arterial. It was further noted that shared access is also an option, so there is only one access to the highway from these lots. Commissioner Chesley cited HCC 11.040.40(d). City Planner McKibben commented that Borough Code requires the frontage road to be 40 feet.

 

There was brief discussion of an earlier action regarding a vacation of Robert Avenue.

 

CHESLEY/MINSCH I MOVE TO AMEND PLAT NOTE 6 TO READ AS FOLLOWS “NO DIRECT ACCESS TO STATE MAINTAINED RIGHT-OF-WAYS IS PERMITTED WITHOUT THE PRIOR WRITTEN APPROVAL OF THE ALASKA STATE DOT & PF AND THE CITY OF HOMER”.

 

Commissioner Chesley said when the property owner comes in for a zoning permit, this recommendation will require that the City of Homer will have the opportunity to review the sight and access plan.

 

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

 

Motion carried.

 

CHESLEY/MINSCH I MOVE FOR THE CREATION OF PLAT NOTE 10 WHICH WOULD, PER HOMER CITY CODE 11.040.40(D) REQUIRE A SHARED ACCESS TO THE STERLING HIGHWAY FOR THESE TWO LOTS.

 

There was no discussion.

 

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

 

Motion carried.

 

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

 

VOTE (Main Motion as Amended): YES: FOSTER, MINSCH, HOWARD, CHESLEY, ZAK, KRANICH, HESS

 

Motion carried.

 

The Commission took a short recess at 8:05 p.m. The meeting resumed at 8:11 p.m.

 

PENDING BUSINESS

 

A.         Staff Report PL07-80, Reconsideration of Staff Report PL07-70, James Waddell-Burns Addition Preliminary Plat

 

The amended main motion on the floor:

 

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

Amended as follows:

  1. 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. (Chesley/Foster)
  2. STRIKE THE FIRST PARAGRAPH UNDER STAFF RECOMMENDATIONS. (Chesley/Foster)
  3. HAVE A RECOMMENDATION THAT STATES THE FUTURE SUBDIVISION WOULD TAKE INTO ACCOUNT THE HOMER 2005 TRANSPORTATION PLAN. (Foster/Chesley)

 

Public Works Director Meyer commented that he understands that the property owner has an interest in subdividing into two lots and there has been previous discussion that carving off one piece from a larger piece may be in the best interest of the property owner but not necessarily in the best interest of the neighborhood. In looking at the Transportation Plan and the neighborhood there needs to be a connection from the south across the property and connected over to the north. There are various ways to do that. He encourages property owners to look to the long term and how property will be developed in the future. Mr. Meyer commented that he doesn’t like to see what has happened to the south and the west of this property where they plat lots and provide legal access by half street rights-of-way, but there are never any roads constructed.

 

Roger Imhoff, surveyor and applicant’s representative, commented that the Transportation Plan kind of a is a wish list. The City wants to decide for private property owners the best and highest use for their property. The fact is there were no dedications in the property to the south. The City does not have any proposed alignment to connect Latham Lane all the way down. They haven’t talked to the community and there haven’t been any engineering studies. It is not fair to saddle his client with developing the road in the middle of a situation where there is no connection on either end. Mr. Imhoff read the following excerpt from the Transportation Plan:

The alignment of proposed road improvements shown on this map are meant to be approximate in nature and not definitive. Final road alignments will be determined only through a public design process that will include community involvement.

 

VOTE (Main Motion as Amended): YES: MINSCH, ZAK, KRANICH, CHESLEY, FOSTER, HOWARD

            NO: HESS

 

Motion carried.

 

B.         Staff Report PL07-87(S), Supplemental to Staff Report PL07-87(S), Staubyeska Subdivision Preliminary Plat

 

 

Pending motions on the floor are as follows:

 

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

 

And one primary amendment:

 

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.

 

City Planner McKibben read the supplemental staff report.

 

Tom Latimer with Mullikin Surveys and applicant’s representative commented that they are taking the existing lot and making it wider. The owner went through the property looking for building sites which is where the lot designs come from. The owner is fine with the staff recommendations to require all of lot one to be subject to Homer City Code.

 

When questioned regarding the 3 to 1 ratio, Mr. Latimer commented his understanding is at the Borough level the 3 to 1 is basically a rule of thumb, it is reviewed on a case by case basis, and they are looking for people blatantly trying to make a bunch of skinny lots and escape decent lot design. He didn’t see any issue with Commissioner Foster’s recommendation from next meeting.

 

FOSTER/CHESLEY MOVED TO ADD THE WORD STANDARDS SO IT WOULD READ MEET THE BOROUGH’S STANDARD FOR THREE TO ONE LENGTH TO WIDTH RATIO.

 

There was no discussion.

 

VOTE (Secondary amendment):  YES: FOSTER, MINSCH, HOWARD, CHESLEY, KRANICH, HESS

            NO: ZAK

 

Motion carried.

 

There was no further discussion on the primary amendment.

 

VOTE (Primary amendment as amended): YES: HESS, FOSTER, CHESLEY, MINSCH, HOWARD, KRANICH

            NO: ZAK

 

Motion carried.

 

HESS/CHESLEY I WOULD LIKE TO MAKE A MOTION TO TAKE THE RECOMMENDATION FROM THE SUPPLEMENTAL STAFF REPORT PL07-87 AND ADD IT TO THE COMMISSION RECOMMENDATIONS ON 07-73 AS NUMBER 5.

 

5.  All development on Lot 1 will comply with the City of Homer zoning regulations.

 

 

There was no discussion.

 

VOTE (Primary amendment): NON OBJECTION: UNANIMOUS CONSENT

 

Motion carried.

 

Commissioner Chesley expressed his concern with enforcement issues on a lot when only a portion of the lot is inside City Limits. He felt there may be some merit in realigning the lot line so it is all inside the City Limits.

 

City Planner McKibben commented that the City does not have the power to enforce the plat notes. She recognizes that this is an awkward situation but aside from realigning the lots to align with the City boundary this was the next best solution.

 

There was discussion that the majority of the buildable lot is inside the City. A little over 60 feet is outside the City Limits.

 

CHESLEY/HESS I MOVE FOR A STAFF RECOMMENDATION SIX THAT THE NORTH LOT LINE ON LOT ONE BE MOVED TO BE CO-ALIGNED WITH THE HOMER CITY LIMIT BOUNDARY LINE.

 

There was brief discussion regarding driveway permits for lot 2.

 

Commissioner Hess suggested the applicant’s representative be given the opportunity to respond to the proposed amendment.

 

Mr. Latimer commented that the owner realized that the design was creating an odd situation but in looking at where the building sites were and the usable area around a house that seem like the best way to do it. He said we don’t normally get a certificate to plat at the preliminary plat stage, so there are often things at that point that they don’t notice. After comment at the last meeting, Mr. Latimer reviewed the deed and discovered that the owner of lot nine encumbered the lot 8 with a restriction saying that no structures are to be built within 150 feet of the property line shared with lot 9. His indication was that he did not want any houses built in the lower part of lot 8. In addition to reducing the buildable area by moving the lot line down, it severely restricts the buildable area of the lot.

 

Commissioner Hess noted that he not aware of any restrictions in City or Borough Code regarding portions of a lot being inside and outside the City boundary. Brief discussion ensued.

 

HESS I CALL FOR THE QUESTION.

 

VOTE (Question): YES: MINSCH, ZAK, KRANICH, HESS, HOWARD

            NO: CHESLEY, FOSTER

 

Motion carried.

 

VOTE (Primary Amendment): YES: FOSTER, CHESLEY

NO: HOWARD, MINSCH, HESS, KRANICH, ZAK

           

Motion failed.

 

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

 

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

            NO: FOSTER, CHESLEY

 

Motion carried.

 

C.         Staff Report PL07-61(S), Supplemental to Staff Report PO 07-53, CUP 07-11 2007 Water Treatment Facility

 

Pending motion from June 20, 2007 meeting.

 

CHESLEY/FOSTER - MOVED TO ADOPT STAFF REPORT PL 07-53 REGARDING CUP 2007-11 for a public water utility facility and an erosion sediment control plan WITHIN THE BRIDGE CREEK WATERSHED PROTECTION DISTRICT.              

 

Commissioner Hess left the table. The Commission determined he had a conflict of interest at the August 15, 2007 meeting.[1]

 

City Planner McKibben reviewed the supplemental staff report.

 

Public Works Director Meyer commented that he supports the conditions recommended in the supplemental staff report.

 

Chair Kranich called for a short break at 9:07 p.m. The meeting resumed at 9:11 p.m.

 

It was clarified that this does not have to meet the 6.4% impervious coverage. City Planner McKibben cited HCC 21.59.070 (b) and item (e) which states the City of Homer water utility is exempt.

 

Public Works Director advised the Commission of the status of the land. Mr. Meyer explained that City Council approved the idea of trading properties with Nancy Hillstrand and he expects that is what will occur. The City is in the process of having the land appraised to ensure it is a fair trade and the final plat is at the Borough level to legally create the lot lines to make it a real parcel.

Public Works Director Meyer said that he anticipates the trade will be complete by the end of October.

 

There was question regarding the relationship of the parcel for the water treatment facility with other City or Borough land that may be adjacent. Public Works Director Meyer commented that the 4 acre parcel that was platted is immediately adjacent to the property to the south that the 1 million gallon water tank sits on. In the beginning the City wanted to purchase the entire Hillstrand property and made an offer for over 400 acres of property immediately adjacent to this in an effort to protect the Bridge Creek Water Shed.

 

Discussion ensued regarding the recommendation that a condition be placed that the water treatment site not exceed 4 acres in the southwestern most corner of the tract and if an alternative site is needed it be approved through the Conditional Use Process. It was noted that the recommendation may not be necessary now that the Preliminary Plat has gone to the Borough and the land exchanges are progressing. Public Works Director Meyer commented that the purchase agreement does provide for increasing the size of the piece of property the City would acquire from Ms. Hillstrand more than the four acres if the assessed value of the property that the City is trading ends up being worth more than the four acres is worth right now. It is possible that the four acres may increase slightly. It won’t change where the building would be located or fences would be, it would be added to the vegetated buffer and would only make the impermeable calculation better than it is now.

 

There was discussion regarding staff recommendations.

 

CHESLEY/MINSCH I WOULD LIKE TO MOVE THAT WE INCLUDE RECOMMENDATION NUMBER THREE FROM STAFF REPORT PL 07-61(S) AS A CONDITION FOR STAFF REPORT PL 07-53.

 

There was no discussion on the primary amendment.

 

VOTE (Primary amendment): NON OBJECTION: UNANIMOUS CONSENT

 

Motion carried.

 

Question was raised regarding time limits for actions on CUP’s. City Planner McKibben explained that CUP’s can have a time limit and staff has been suggesting them in more applications. No time limit was recommended for the water treatment plant.

 

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

 

Motion carried.

 

Commissioner Hess returned to the table.

 

D.         Staff Report PL07-82(S), Supplemental to PL07-72, Request for Approval of Bridge Creek Watershed Protection District Mitigation Plan for Lot 8 Block 2 Kelly Ranch Estates.

 

City Planner McKibben reviewed the supplemental staff report. Ms. McKibben said at some point she would like to have a generic conversation about Bridge Creek. It is not specific to this application, but is related to the applicant’s comments at a previous meeting. She would like to develop some specific policies on how to reduce the percentage on driveways in the Bridge Creek Water Shed District.

 

FOSTER/HESS I MOVE WE ADOPT THE STAFF REPORT PL 07-82(S) WITH STAFF RECOMMENDATIONS AND COMMENTS.

STAFF COMMENTS/RECOMMENDATIONS:

 

The HAPC has considered four requests to have the impervious coverage calculations for driveways reduced from 100%.  One request was required to provide an engineer’s statement specific to that site and proposed mitigation.  One required site specific engineering, should the applicant not use Grasspave.  Another was accompanied by an engineer’s statement regarding general driveway construction in Kelly Ranch Estates. The forth was postponed for additional information, and the applicant chose not to pursue the request any further.

 

Staff’s literature search indicates that impervious coverage for driveways range from 70% to 95%.  McCuen, a leading authority on the subject indicates that variability is based on soil, slope, lot size and storm frequency. 

 

Staff recommends that the Planning Commission approve the mitigation plan, outlined in SR 07-72, and allow the reduction of the impervious calculation from 100% to 70% for the driveway, walkway and parking located on Lot 8, Block 2 Kelly Ranch Estates.

 

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 encase the driveway and side ditches.  No Typar will 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 can be   mitigated to be 70% impervious.

10.   The lot is approximately 1,800 feet from Bridge Creek based on the applicants GPS data.

 

Any further reduction in the impervious coverage calculation must include a site specific engineered plan which documents a mitigation plan that meets the intent of the BCWPD code 21.59 and stormwater provisions outlined into 21.48.060(f) Stormwater.

 

Commissioner Foster expressed his support for the reduction to 70% on the driveway.

 

Chair Kranich expressed his concerns regarding lack of information regarding reference to a study that was cited in the last packet and the issues in trying to get copies of the information from staff. Chair Kranich reviewed some of the information he found.

 

CHESLEY/ZAK I MOVE THAT WE ALLOW THE IMPERVIOUS COVERAGE TO 50% FOR THE DRIVEWAY.

 

Commissioner Chesley commented that the applicant’s proposal seems like a very reasonable approach to get his driveway mitigated to 50%.

 

Discussion ensued and comments were made regarding the importance of having references for local research for science specific to Alaska. If the Commission is going to lean on science they need the opportunity to review it and agree on it to better serve the applicants that come before the Commission.

 

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

            NO: MINSCH, HESS, FOSTER

 

Motion carried.

 

City Planner McKibben noted for clarification that the Commission amended to the 50% and item #9 on page 82 will also be 50%. She reviewed the status of the application and the actions taken at the previous meeting. She noted the recommendations on page 92 are specific to the driveway mitigation.

 

It was noted that Mr. Alexander’s plan is the first one to come along where the homeowner is committing in a recorded document that he is going to remove the upper layer of material and replace it to continue to have permeability. Discussion comment included that the plan doesn’t provide any runoff coefficients specific to this lot and there is concern that if this is approved others will take this plan and use it.

 

CHESLEY I CALL FOR THE QUESTION.

 

VOTE (Question): YES: HOWARD, MINSCH, HESS, KRANICH, FOSTER, CHESLEY, ZAK.

 

There was brief discussion clarifying the Commission is now voting on the main motion.

 

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

                        NO: FOSTER, MINSCH, HOWARD, CHESLEY

 

Motion failed.

 

City Planner McKibben explained that the Alexander’s have a mitigation plan at 6.4% but their site plan and mitigation plan as approved won’t let them develop the site.

 

CHESLEY/HESS I MOVE TO RECONSIDER.

 

Commissioner Hess suggested that if they go to 70% it would pass and the applicant would have what he wants.

 

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

 

Motion carried.

 

HESS/FOSTER I WOULD LIKE TO MAKE A MOTION TO CHANGE WHAT IS NOW 50% IMPERVIOUS TO 70% IMPERVIOUS ON STAFF RECOMMENDATION #9 ON 07-82(S).

 

There was no discussion.

 

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

 

Motion carried.

 

Commissioner Chesley commented that the applicant is eligible to apply for reduced coverage if he wants to bring an engineered plan back to staff and the Commission for review that would support a reduction in the impervious percentage.

 

Commission Foster commented that he would support and help out to get local science to look at what impervious coverage can be obtained in the Bridge Creek Water Shed for various driveway types.

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

 

Motion carried.

 

The Commission took a short recess at 10:10 p.m. The meeting resumed at 10:15 p.m.

 

E.         Staff Report PL07-77, Sign Code Amendments

 

City Planner McKibben reviewed the Staff Report.

 

Commissioner Chesley referenced page 142 of the packet noting the upper paragraph that is all struck. He recommended the Commission reinstate from the third sentence down, which states:

If part of the allowed signage is used on a free standing sign in no case shall the sign exceed 72 square feet in area to be calculated as follows:

 

Note was made that there had been discussion of allowing up to 72 square feet on a free standing sign. Commissioner Chesley referenced the Refuge Chapel sign, which is approximately 32 square feet for one business. He thinks they need to go back to the regular language and continue to work on the sign code.

 

CHESLEY/HESS I MOVE THAT WE BRING STAFF REPORT PL07-77 TO THE FLOOR FOR DISCUSSION AND AMENDMENT.

 

There was no discussion or opposition, the motion passed by consensus.

 

CHESLEY/FOSTER I MOVE TO AMEND TABLE 2 ON PAGE 142 IN THE FIRST PARAGRAPH TO UNDELETE, BEGINNING AT THE END OF THE THIRD SENTENCE AND RESTORE THE FOLLOWING TEXT: If part of the allowed signage is used on a free standing sign in no case shall the sign exceed 72 square feet in area to be calculated as follows: 1 BUSINESS MAY HAVE 36 SQUARE FEET IN TOTAL AREA, TWO BUSINESSES MAY HAVE A TOTAL OF 54 SQUARE FEET IN AREA, THREE BUSINESSES MAY HAVE A TOTAL OF 63 SQUARE FEET IN AREA MORE THAN THREE BUSINESS MAY HAVE 72 SQUARE FEET IN AREA, NO ONE BUSINESS MAY HAVE MORE THAN 36 SQUARE FEET IN TOTAL AREA, NO FREE STANDING SIGN SHALL EXCEED TEN FEET IN HEIGHT.

 

Once this is done it will give direction on how to handle the other bold text that is in the middle of the table. Commissioner Chesley will work with City Planner McKibben on this amendment.

 

VOTE: NON OBJECTION: UNANIMOUS CONSENT.

 

Motion carried.

 

Commissioner Hess requested that they look at the maximum total area of all signs, look at all the instances. He noted on line 177 is the computation of height that he feels would work well with fences.

 

Commissioner Foster suggested clarifying the definition of freestanding sign and building sign.

 

HESS/MINSCH I MAKE A MOTION TO POSTPONE THIS ITEM TO SUCH TIME THAT STAFF AND COMMISSIONER CHESLEY CAN WORK ON THIS AND BRING IT BACK TO US.

 

Chair Kranich suggested including on page 142 top line add the word multiple before buildings.

 

VOTE: NON OBJECTION: UNANIMOUS CONSENT

 

Motion carried.

 

NEW BUSINESS

The Commission hears a report from staff. Commission business includes resolutions, ordinances, zoning issues, requests for reconsideration and other issues as needed. The Commission may ask questions of staff, applicants, and the public. Any items brought before the Commission for discussion are on the floor for discussion following introduction of the item. The Commission will accept testimony or a presentation on agenda items that involve an applicant (such as acceptance of a non conformity).

 

A.         Staff Report PL07-81, Scenic Gateway Overlay Zone and Community Design Manual

 

MINSCH/CHESLEY MOVE TO POSTPONE ACTION ON THIS UNTIL THE NEXT MEETING.

 

The Commission was asked to hold on to the copy of this so it won’t have to be reprinted for the next packet.

 

VOTE: NON OBJECTION: UNANIMOUS CONSENT

 

Motion carried.

 

B.         Staff Report PL07-84, October 3, 2007 Meeting

 

City Planner McKibben said there is a training opportunity on October 3, which is the same night as their regular meeting and the second meeting in November is the day before Thanksgiving. The Commission discussed the meeting schedule.

 

CHESLEY/HESS I MOVE THAT WE CANCEL THE OCTOBER 3 REGULAR MEETING OF THE HOMER ADVISORY PLANNING COMMISSION.

 

There was no discussion.

 

VOTE: NON OBJECTION: UNANIMOUS CONSENT

 

Motion carried.

 

MINSCH/CHESLEY I WOULD LIKE TO MAKE A MOTION THAT WE CANCEL THE SECOND REGULAR SCHEDULED MEETING IN NOVEMBER.

 

There was no discussion.

 

VOTE: NON OBJECTION: UNANIMOUS CONSENT

 

Motion carried.

 

CHESLEY/MINSCH I MOVE THAT WE SCHEDULE A SPECIAL MEETING OF THE HOMER ADVISORY PLANNING COMMISSION FOR TUESDAY OCTOBER 30.

 

Commission Foster said he has a conflict with that date.

 

VOTE: NON OBJECTION: UNANIMOUS CONSENT

 

Motion carried.

 

C.         Staff Report PL07-88, Kenai Peninsula Borough Ordinance 2007-33, Amending Titles 14 & 20 Regarding Road Construction in Subdivisions

 

MINSCH/HESS I MAKE A MOTION TO POSTPONE STAFF REPORT PL 07-88 TO A FUTURE MEETING.

 

There was discussion regarding the time frame to report to the Borough. City Planner McKibben suggested the Commission make recommendations to City Council and have Council’s action forwarded to the Borough. There was discussion regarding the Council schedule.

 

Commission Howard advised the Commission that the Borough Assembly will be meeting in Homer on September 18th, which is one of the Public Hearing nights.

 

VOTE: NON OBJECTION: UNANIMOUS CONSENT

 

Motion carried.

 

INFORMATIONAL MATERIALS

 

A.         Appeal Notice from the Kenai Peninsula Borough dated August 7, 2007 regarding Country Club Estates

B.         Memorandum 07-137 to Planning Commission from Mayor and City Council dated August 21, 2007 regarding Draft Ordinance 21.55, Overslope District   

C.         Memorandum to Anne Marie Holen, Administrative Assistant from Beth McKibben City Planner dated August 30, 2007 regarding Capital Improvement Program/Legislative Request

D.         Notification of Appeal Record for Oscar Munson Subdivision Brant Replat     Preliminary Plat

 

COMMENTS OF THE AUDIENCE

Members of the Audience may address the Commission on any subject.

 

COMMENTS OF THE COMMISSION

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

 

Commissioner’s Zak and Minsch had no comments.

 

Commissioner Chesley read two memo’s that he prepared. One was to the City Manager and Council requesting a meeting with the City Manager and the Mayor to assist the Commission in identifying strategies that would help them make the most informed recommendations to Council. The second memo was to the HAPC Chair and Commissioners asking for their support in taking up HCC 21.42.010(a) through (c) to clarify what types of additions to structures, such as but not limited to free standing or attached decks, should come within the Zoning Permit Process. Copies of the memos were provided for the record. 

 

The Commission agreed to add the letter to the City Manager and Council on their agenda for discussion and add HCC 21.42.010(a) through (c) to the Commission worklist.

 

Commissioner Hess asked that the language from the sign ordinance that could be used in reference to fences be added to the worklist as well.

 

They discussed the schedule of upcoming meetings. City Planner McKibben said she would email everyone with a meeting schedule.

 

Commissioner Foster recommended the Commission review the appeal notice for Country Club estates. He commented that a boardwalks on the spit is one building as it has one foundation and there are multiple buildings attached to it.

 

Commissioner Howard asked to be excused from the next meeting.

 

Commissioner Kranich said it was a good meeting; a lot of information was covered. He asked if the Commission wants to continue starting their worksessions at 5:00 p.m.  They agreed to start at 5:30 p.m.

 

ADJOURN

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. The next Regular Meeting is scheduled for September 19, 2007 at 7:00 p.m. in the City Hall Cowles Council Chambers. There is a worksession at 5:00 p.m. prior to the meeting. There is a Special Meeting scheduled for September 11, 2007 at 6:30 p.m.

 

                                                                       

MELISSA JACOBSEN, DEPUTY CITY CLERK

 

Approved:                                                       



[1] Clerk’s note: Commissioner Hess’s COI was addressed under the Plat Consideration for Staff Report PL 07-52, Hillstrand’s Homestead Preliminary Plat in the August 15, 2007 minutes.