Session 06-24, a Regular Meeting
of the Homer Advisory
PRESENT: COMMISSIONERS: FOSTER, HESS, KRANICH, MINSCH, ZAK
ABSENT: CHESLEY, PFEIL (both excused)
STAFF: CITY PLANNER MCKIBBEN
DEPUTY CITY CLERK JOHNSON
PUBLIC WORKS DIRECTOR MEYER
APPROVAL OF AGENDA AND ADOPTION OF CONSENT AGENDA
All items on the consent agenda are
considered routine and non-controversial by the
A. Time Extension Requests
1. Christensen Tracts No. 4
2. Eagle View Subdivision No. 2
B. Approval of City of
C. KPB Coastal Management Program Reports
D. Commissioner Excused Absences
1.
The agenda was approved by consensus of the Commission.
APPROVAL OF MINUTES
Commission approves minutes with any
amendments.
A.
Approval of
HESS/MINSCH - MOVED TO POSTPONE
APPROVAL OF THE
VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
B.
Approval of
The minutes of
Minutes are approved by consensus of the
Commission.
PUBLIC COMMENT, PRESENTATIONS
The public may speak to the
There were no public comments.
A. Seabright Surveying
John Fowler, Kenton Bloom and Lindsay Winkler provided a PowerPoint presentation of a permanent trail network. The greenway development will add value to the community, landowner and place. The key elements of design are:
* Maximize open space
* Pedestrian trail system
* Clustered building sites
* Minimized development footprint
* Diffused stormwater flow
* Steep slope protection
An open house will be held on
RECONSIDERATION
None.
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
City Planner McKibben summarized the staff report and read the staff comments/recommendations.
Kurt Marquardt,
applicant and owner of the property, said his proposed development is new to
Homer. It is a cluster development or a
pocket neighborhood, a concept that is not new in other parts of the
country. He has fashioned his proposal
after a developer in
Mr. Marquardt answered questions from the Commission to include:
* The cottages will be 2 and 3 bedrooms
* There are 5 different designs for the 8 cottages
* RV and boat storage can be arranged offsite in rental units throughout town
* The market will include folks looking for a weekend place, young professionals, singles or retirees
* The development will provide low maintenance and low impact housing
* The homeowner’s association will be regulated by bylaws and covenants
City Planner McKibben was asked if the development should be categorized as a Planned Unit Development (PUD). She answered that the proposed development meets code requirements and there are no special exceptions needed for the application. HCC 21.61.060 PUD was read; it is more appropriate to process the application as a Conditional Use Permit (CUP), for more than one principal permitted use. HCC 21.31.135 condominium definition was read; the proposed development is not within a multi-family dwelling. The type of ownership rather than type of building define condominium.
The Commission
voiced concerns of parking and the need for extra spaces to accommodate grounds
maintenance vehicles and resident’s guests.
Extra vehicles would be required to park on
The public hearing was opened.
Dave Scheer, DNA Design, did the site plan and landscape design and prepared the documents for the permit. There are two buffer parking spaces to allow access for fire engines. Pervious pavers could be used in that area. The area in front of the dumpsters could be used for maintenance vehicles. The intent is an efficient layout with as much landscaping as possible to minimize cars. He is pleased to be involved in the project as it addresses the needs for lower cost residential units that both the community and homeowner can be proud of. The wetland area is being used to enhance the development.
The public hearing was closed.
Mr. Marquardt said he has worked hard on the design with several gyrations in the process to create an efficient design. As the owner of the Inlet Trading Post building he shares the concerns of the parking shortage. Events sometimes cause people to spill out on the street, but the police are accommodating to ask people to move their cars.
MINSCH/ZAK - MOVED
TO ACCEPT
Commissioner Zak
said although the design is very good and it needs to be sent back and brought
back as a PUD. HCC 21.61.060 provides
for more
City Planner
McKibben commented the CUP application does not require any flexibility; the
PUD process allows flexibility. CUP’s are
not required for condominiums. It would
not be appropriate for the
Commissioner Zak commented that subdivisions that do not have common ownership in roads, trails, picnic areas and doggie parks, therefore would not require a PUD. The common area ownership and plan for maintenance is not addressed in a CUP, although it would be in a PUD. All multi-family unit developments should be treated as PUD’s.
A need for consistency in the Commission’s definition of CUP’s and PUD’s was discussed.
ZAK/MINSCH - MOVED TO AMEND TO RETURN TO STAFF AND HAVE THIS PROCESSED UNDER HCC 21.61.060 AS A PLANNED UNIT DEVELOPMENT.
The Commission discussed the need for work on the PUD code. Commissioner Hess said the development should not have to go through the PUD standards until the code is revised. It will not set a precedent by disapproving this development through the CUP process. The PUD code should be at the top of the commission’s work list so future developments would go through the new process. Commissioner Foster commented there is no finer example of a development although he can see the precedent being set.
An additional public hearing may be required.
VOTE: YES. MINSCH, HESS, KRANICH, ZAK
VOTE: NO. FOSTER
Motion carried.
B.
Staff
City Planner McKibben summarized the staff report and read the staff comments/recommendations.
Chris Newby,
applicant, subdivided two acres 13 years ago and entered into a subdivision
agreement that called for building a road and bringing utilities in. After the land was partially cleared it was
apparent a couple of the lots will be problematic to develop. After talking with Public Works he decided it
is in the best interest to replat five lots into three. Mr. Newby wishes to take advantage of
exceptions in the code that would allow him not to enter into a development
agreement. He will be bringing water and
sewer to the lots and hopes to use a longer driveway to access the remaining
lots. Ability Surveys replatted the
property and an application was given to the
The public hearing was opened. There was no public testimony. The public hearing was closed.
FOSTER/MINSCH – MOVED TO POSTPONE TO AFTER ITEM A ON PLAT CONSIDERATION ON TONIGHT’S AGENDA.
VOTE: YES. 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.
City Planner McKibben summarized the staff report and read the staff comments/recommendations.
Chris Newby, applicant, said the recommendations speak to the subdivision agreement. It is his intent to install water and sewer and build a long driveway. If there is another type of agreement that would facilitate that he would use it. Mr. Newby is not opposed to entering into a subdivision agreement if it speaks specifically to a utility extension. Additions in the neighborhood have not been required to build their portion of the road.
The Commission noted paving is not required in rural residential. The ROW is owned by the City but will be used as a driveway. Mr. Newby plans to improve the driveway and extend it to reach the other three lots; it will still remain a public ROW.
ZAK/FOSTER - MOVED TO ACCEPT
HESS/MINSCH – MOVED TO DELETE STAFF RECOMMENDATION #1.
There was no discussion.
VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
The Commission discussed the concerns of creating a subdivision and then changing it to create more lots.
VOTE: (main motion as amended) YES. ZAK, HESS, FOSTER, MINSCH, KRANICH
Motion carried.
STAFF COMMENTS/RECOMMENDATIONS:
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. Remove plat note number 3, as there are no panhandles within the proposed subdivision.
3. Amend the vicinity map to show the correct city limits and area subdivision parcels.
4. HAPC not waive the requirement for a Subdivision Agreement.
Chair Kranich called for a recess
at
Return to Item B – PUBLIC HEARINGS
ZAK/MINSCH - MOVED TO ACCEPT STAFF REPORT O6-99(S) WITH STAFF RECOMMENDATIONS.
The Commission’s recommendation is a road be constructed providing a turnaround as a temporary measure.
VOTE: YES. FOSTER, MINSCH, ZAK, KRANICH, HESS
Motion carried.
STAFF COMMENTS/RECOMMENDATIONS:
Return to Item B – PLAT
CONSIDERATION
City Planner McKibben summarized the staff report and read the staff comments/recommendations.
Commissioner Zak disclosed a possible conflict of interest as he represents the Breckenridge’s in the sale of one of the lots.
Pursuant to advice from the Deputy City Clerk, Chair Kranich ruled a conflict of interest. There was no objection from the Commission.
Commissioner Zak was excused from the plat consideration and took a seat in the audience.
Roger Imhoff, the applicant’s representative,
answered questions about the drainage easement.
He stated because there are no guidelines the drainage easement is set
at whatever the Commission feels like that evening. It is not fair to subdividers and the public
to get a different answer each time. A
30 ft. easement is more than adequate with the steep gullies. Mr. Imhoff’s concern is if Public Works and
the highway people can get to the culvert under the
City Planner McKibben said Mr.
Imhoff has referenced the lack of guidelines for drainage easement at previous
meetings. Over a 50 year period of time Commissioner
Kranich’s recollection are two or three times the culvert plugged and Bidarki
Creek ran down the
Authority to require drainage easement was discussed. The Kenai Peninsula Borough Code states drainage easements are normally 30 ft. in width centered on the drainage. Plat Note #8 indicates there is an overhead power line located in a 10 ft. utility easement that adjoins the west side of the subdivision. The Commission determined the plat note was sufficient. The use of words “easement” and “buffer” was discussed. City Planner McKibben said the words were used interchangeably. Concern of the most critical area that acts as the discharge of the canyon and eventually runs into saltwater was noted. It would be inappropriate to not keep the same easement that goes to the canyon.
FOSTER/MINSCH – MOVED TO MAINTAIN THE EXISTING 50 FT. WIDE DRAINAGE EASEMENT CENTERED ON THE CREEK ALL THE WAY ALONG BIDARKI CREEK.
There was discussion of where the easement was measured, from the bank of the creek or the canyon. As there is no set standard on width of the easement, the 50 ft. easement will remain in the canyon. The drainage easement is for protection of the natural course of the creek.
VOTE: YES. MINSCH, HESS, KRANICH, FOSTER
Motion carried.
VOTE: (main motion) YES. MINSCH, KRANICH, HESS FOSTER
Motion carried.
STAFF COMMENTS/RECOMMENDATIONS:
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. Extend a drainage easement from the western property boundary eastward, from the existing 50-foot drainage easement along the existing drainage. This new drainage easement to be twenty feet wide, centered on the drainage.
3.
Dedicated a 15 ft. utility easement along the
4. Depict existing utility easement on Tr 1A3.
Commissioner Zak joined the Commission.
C.
Staff
City Planner McKibben summarized the staff report and read the staff comments/recommendations.
Roger Imhoff, applicant’s representative, was present for questions.
HESS/MINSCH - MOVED FOR APPROVAL
OF
Mr. Imhoff said the section line easement was present when the plat was homesteaded. They do not propose to dedicate it into a public ROW or street, but will leave it as a section line easement.
VOTE: YES. MINSCH, ZAK, KRANICH, HESS, FOSTER
Motion carried.
STAFF COMMENTS/RECOMMENDATIONS:
1. Dedicate the radius at the
proposed intersection of
HESS/MINSCH – MOVED TO SUSPEND THE RULES AND MOVE AGENDA ITEMS 8C AND 9A FORWARD TO ACCOMMODATE THE PUBLIC.
MINSCH/HESS – MOVED TO AMEND TO ADD ITEM 9D.
VOTE: (amendment) YES. NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
VOTE: (main motion) YES. NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
OLD BUSINESS (moved forward)
City Planner McKibben stated the correct staff report number is 06-100(S). The staff report and recommendations were read.
Jody Harlow, applicant, stated she contacted neighbors to verify the mobile home has had continual use and not been vacant since it was placed on the property. She is looking at adding another single wide to her current mobile home to make it her own living area.
Three additional letters were provided to document continued use.
Motion on the floor from August 16: HESS/MINSCH - MOVED TO ACCEPT
NONCONFORMITY AT
VOTE: YES. MINSCH, ZAK, KRANICH, HESS
VOTE: NO. FOSTER
Motion carried.
NEW BUSINESS
A.
Staff
City Planner McKibben summarized the staff report and read the staff recommendations.
Robert Bond, applicant, stated he
has owned the property for 25 years.
When he moved there it was zoned rural residential and rezoned commercial
in 1997. The surrounding area is all
residential with the nearest business being Pudgy’s, a half mile away. There is no access to
MINSCH/ZAK – MOVED TO APPROVE
A question of more than one principle use on less than an acre was raised. Both residences were located on the lot prior to it being zoned rural residential. The lack of plumbing in one of the houses was discussed. When water and sewer are not available, 40,000 sq. ft. minimum lot size is required in rural residential. The Commission questioned whether both structures have existed continuously.
Mr. Bond has city water, but no sewer. Mr. Clifford Rhoton lives in the A-frame and said he is installing a cistern.
Commissioner Foster said there is a need for consistency. The Grandfather rule has allowed expansion and it is a wide open hole for folks to take advantage of. He cannot support the nonconformity knowing the cabin was torn down and built on top of it after zoning had taken effect.
City Planner McKibben said the nonconforming code needs work.
VOTE: YES. MINSCH, ZAK, KRANICH, HESS
VOTE: NO. FOSTER
Motion carried.
The October 18 meeting is on
Alaska Day and Planning Department staff would like to attend training in
MINSCH/HESS - MOVED TO APPROVE
VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
OLD BUSINESS
MINSCH/HESS - MOVED TO TAKE FROM
THE
There was no discussion.
VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
MINSCH/HESS – MOVED TO POSTPONE
There was no discussion.
VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
MINSCH/HESS - MOVED TO POSTPONE PL
06-77 GATEWAY OVERLAY DISTRICT TO THE NEXT REGULAR MEETING.
There was no discussion.
VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
This was heard earlier.
NEW BUSINESS
The Commission hears a report from staff, testimony from applicants and
the public. Commission business includes
resolutions, ordinances, zoning issues, requests for reconsideration and other
issues as needed. The Commission may ask
questions of staff, applicants, and the public.
This was heard earlier.
MINSCH/ZAK – MOVED TO AMEND THE BYLAWS AND POLICY AND PROCEDURES MANUAL TO INCORPORATE THE THREE MINUTE TIME LIMIT AND THE MINUTES FORMAT AND DIRECT STAFF TO DRAFT THE RESOLUTION ACCORDINGLY FOR FINAL ADOPTION AT THE NEXT MEETING.
There was no discussion.
VOTE: NO. MINSCH, HESS
VOTE: YES. KRANICH, FOSTER, ZAK
Motion failed.
HESS/MINSCH - MOVED TO EXTEND THE APPEAL HEARING FOR THE SIGN COMPLIANCE DECISION AT 4241 HOMER SPIT ROAD AMENDED LOT 22 HOMER SPIT SUBDIVISION, CENTRAL CHARTERS/BRADSHAW TO THE NOVEMBER 2ND MEETING.
The appeal hearing was scheduled for September 20th and the Bradshaw’s are requesting an extension as they could not be present. The code allows the Commission to extend the time for appeal hearings.
VOTE: YES. ZAK, KRANICH, MINSCH, HESS, FOSTER
Motion carried.
This was heard earlier.
REPORTS
A. Borough Report
Commissioner Foster said a letter
in the Borough packet talked about the plat waiver process. The Borough Planning Department can appeal a
decision made by the
The next meeting will be in Cooper Landing.
B.
None.
PLANNING DIRECTOR’S REPORT
City Planner McKibben said a
platting and subdivision law class will be offered. Collette Thompson, KPB attorney and other
attorneys are the presenters.
Commissioner Minsch had asked if copies of the same material could be
alleviated. It was suggested the
Commissioners bring their materials for the worksessions.
INFORMATIONAL MATERIALS
Items listed under this agenda item can
be HCC meeting minutes, copies of zoning violation letters, reports and
A. Notes from Bank Stabilization meeting on
B. Letter dated
C. Letter dated
D. Letter dated
E. Memorandum dated
F. Letter dated
City Planner McKibben has information from an engineer the Vann’s provided. Information about how the wall was constructed has been requested.
COMMENTS OF THE AUDIENCE
Members of the audience may address the
Commission on any subject. The Chair may
prescribe time limits.
There was no audience.
COMMENTS OF THE COMMISSION
Commissioners may comment on any subject,
including requests to staff and requests for excused absence.
Commissioner Hess requested the correct procedure for a conflict of interest be examined by Deputy City Clerk Johnson.
Commissioner Foster noted the 3 minute time limit can be adjusted up or down by 2 minutes. The June meeting on erosion will be followed up with notes from the August meeting. They will be sent to the Planning Department soon.
Commissioner Zak declared a conflict of interest with the letter City Manager Wrede provided to Brad Hibberd at Homer Electric.[2] The Commission discussed appeal procedures.
Commissioner Minsch had no comments.
Chair Kranich thanked everyone for their patience and assistance. Twice he has received email through his hotmail account with attachments from the City infrastructure and was not able to open them as they contained viruses.
ADJOURNMENT
Notice of the next regular or special
meeting or work session will appear on the agenda following “adjournment.”
There
being no further business to come before the Commission the meeting adjourned
at
____________________________________
JO
JOHNSON, DEPUTY CITY CLERK
Approved:
____________________________