Session 06-03, a Regular Meeting of the Homer Advisory Planning Commission was called to order by Vice Chair Hess at 7:10 p.m. on January 18, 2006 at the City Hall Cowles Council Chambers located at 491 E. Pioneer Avenue, Homer, Alaska.

 

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

 

ABSENT:       COMMISSIONERS: CHESLEY, CONNOR (both excused)

 

STAFF:           CITY PLANNER MCKIBBEN

                        DEPUTY CITY CLERK JOHNSON

                        PLANNING CLERK ROSENCRANS

                        POLICE CHIEF ROBL

 

A quorum is required to conduct a meeting.

 

APPROVAL OF AGENDA AND ADOPTION OF CONSENT AGENDA

 

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

 

            A.        Time Extension Requests

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

            C.         KPB Coastal Management Program Reports

                         1.        Letter dated December 29, 2005 from State of Alaska to Mr. and Mrs. Tulin regarding Coastal Project # AK 0512-12AA, Beluga Lake Dock.         

D.                Commissioner Excused Absences

 

The agenda was approved by consensus of the Commission.

 

APPROVAL OF MINUTES

 

Commission approves minutes with any amendments.

 

A.                 Approval of January 4, 2006 regular meeting minutes.

 

The amended meeting minutes of January 4, 2006 were approved by consensus of the Commission.

 

PUBLIC COMMENT, PRESENTATIONS

 

The public may speak to the Planning Commission regarding matters not on the agenda.  The Chair may prescribe time limits.  Public comment on agenda items will be heard at the time the item is considered by the Commission.  Presentations are approved by the Planning Director, the Chair, or the Planning Commission.  A Public Works representative may address the Planning Commission.

 

There were no presentations and no public comment.

 

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 06-04, Conditional Use Permit 06-02, Alaskan Suites, Request for Approval for more than one building containing a permitted principal use on a lot, as permitted by HCC 21.61, located at 3255 Sterling Highway, Tract B-2 Tice-Henrikson-Bouman.

 

City Planner McKibben summarized the staff report and recommendations.  Laydown items included Conditional Use Permit (CUP) application, addendum to application, and letter dated January 17, 2006 from John and Sherry Bouman of Purdon, Texas.

 

Applicant Sharon Bouman was in the audience to answer questions from the Commission. 

 

There were no public comments.

 

FOSTER/KRANICH – MOVED TO ACCEPT STAFF REPORT PL 06-04 WITH RECOMMENDATIONS AND FINDINGS.

 

Commissioner Foster asked why the phased project was not introduced as a PUD (Planned Unit Development).  City Planner McKibben answered that although the planned development is a phase project, it doesn’t have to go through the PUD process.  There are five phases planned, all motel/hotel related with parking.  The CUP is a more efficient use of both the applicant and Commission’s time.

 

Commissioner Pfeil asked the applicant where the septic system was located.  Sharon Bouman responded that would be a question for her husband, although the septic system is up to DEC (Department of Environmental Conservation) code and standards.  

 

Commissioner Lehner commented the Alaskan Suites establishment shows a pride of ownership.  Vice Chair Hess agreed the business was an asset to the community.  He asked City Planner McKibben if parking had been assessed and she answered the spaces are more than sufficient to meet parking code dimensions.

 

STAFF RECOMMENDATIONS:

 

Planning Commission grant approval of the Conditional Use Permit with the following requirements:

 

1.  The applicants to provide sight-obscuring screening along the east lot line, which abuts the Rural Residential district per HCC 21.49.040 (b) (3).

 

2.      This project to comply with all city, state and federal standards per HCC 21.42.030.

 

3.      This project to comply with HCC 21.49.080 Lighting Standards.

 

4.      Applicant to apply for a sign permit that complies with HCC 21.60.

 

VOTE:  YES.  FOSTER, PFEIL, LEHNER, KRANICH, HESS

 

Motion carried.

 

B.                 Staff Report PL 06-02 Request For Re-Zone From Urban Residential to Residential Office for a portion of Lots 1, 37-A, And 12-A in A. A. Mattox Subdivision.

 

Laydown items included the rezone application, letter from Pastor Rick Wise requesting postponement to February 15, 2006, corrected draft ordinance and map.  City Planner McKibben noted the public hearing was scheduled and advertised for this evening and the Commission may postpone action until February 15, 2006.

 

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

 

Applicants Geoff Coble and Rick Wise appeared and stated that the rezone is to make the lots uniform as there is a one-acre restriction on applying.  Commissioner Kranich asked if the water line was built now.  Mr. Wise answered when the road (East End Road) was redone water was completed with a 6” water line into Kallman Road and the church property.  The water line was stubbed to Kallman Road.  The sewer runs in front of the church property on his side of the street. 

 

Commissioner Kranich said the staff report indicates the current uses may be expanded although no formal plans were submitted.  He questioned the applicants if plans were coming for expansion.  Mr. Coble answered it is his intent to expand the office building and preliminary architectural drawings are being made.  His intent of the rezone is for office building expansion.  Mr. Wise stated the church is planning expansion, although it will be a year before they know what type of building.  

 

City Planner McKibben clarified Mr. Coble’s statement pertaining to a one-acre restriction in applying for a rezone, noting Homer City Code (HCC) states that except for an expansion of an existing district you have to have more than one acre.  She said the one-acre minimum does not apply in this case, although there is logic in bringing the zoning districts together. 

 

Vice Chair Hess asked what the detriment to keeping the third lot in Urban Residential zoning was.  Mr. Wise answered there is double coverage because of the church and they thought it would be better to have the zoning uniform rather than one little corner different from the rest.

 

Commissioner Lehner questioned if the applicants planned to vacate the lot line at a later date.  Mr. Wise answered he does not plan to vacate the lot line.  The lots were merged together in 1999 due to the Borough’s restrictive tax laws.  Before it was merged into one lot it was looked at as an investment property.  As it is used for the church for different functions it was put into one lot.

 

There was no public comment.

 

PFEIL/LEHNER – MOVED TO POSTPONE ACTION TO FEBRUARY 15, 2006.

 

VOTE:  YES.  NON OBJECTION.  UNANIMOUS CONSENT.

 

Motion carried.

 

C.                 Staff Report PL 06-05, Conditional Use Permit 06-01, Refuge Room, Request for Approval for a men’s homeless shelter in the Central Business District, as permitted by HCC 21.61, located at 397 East Pioneer, Lot 12 Block 3 Glacier View Subdivision No. 1.           

 

Vice Chair Hess asked for a three-minute time limit for those wishing to testify.

 

City Planner McKibben summarized the staff report and read the staff recommendations.  She asked the Commission to consider a conditional approval for one year with a review after the year.  Laydown information included a parking and building plan, memorandum from Chief of Police Mark Robl to Planning Technician Dotti Harness dated November 22, 2005, letters of support and opposition, and petition against the proposed homeless shelter.

 

Darren Williams, Pastor of the Refuge Chapel, and Jim Pastro, Elder at the Refuge Chapel, appeared before the Commission.  Mr. Williams is willing to comply with all recommendations, with the exception of the 24 hours, 7 days a week staffing of the facility.  There will be a staff person at the Refuge Room during the hours of operation to make sure no one is loitering before or after.  There are staff people at the Refuge Chapel throughout the day, but asking for a staff person for 12 hours when there are no occupants there is not agreeable.

City Planner McKibben said the recommendations not listed on the staff report include a third planter bed and a one year approval with a review after the year to assess the shelter.  Mr. Williams agrees with those recommendations. 

 

Mr. Williams said the Refuge Room has been in operation for over two years at another location within the city.  At the Spit Road location they were told they weren’t able to have a homeless shelter, so operated as a bunk house.  There was no negative impact to the neighborhood, and Wagon Wheel owner Barb Walker provided a letter of support.  Mr. Williams explained the Refuge Room is separate from the church.  He questioned what the staff person would do when the doors were locked. 

 

Commissioner Foster noted the letter from Police Chief Robl advocating the 15 day maximum stay, 24/7 staffing and daytime access.  The police comments may be due to the assumption they may be dealing with problems if there is no staff on the premises.  Mr. Williams asked why you would want to limit a homeless person’s stay to 15 days.  He said the police had not talked to him about their 15 day limit recommendation.  He has a good ongoing relationship with the Homer police as when they receive an intoxicated person they do not have a procedure to deal with them.  They come to the Refuge Room often.  Mr. Williams asked the police for a letter of recommendation.  He said they would have a problem with the 24/7 staffing as they do not have the budget for paid staffing.  The only exception would be to have someone live on the location to oversee the shelter and he questioned if that would be appropriate.  Mr. Williams stated they are a church and here to serve the community of Homer.  They are willing to comply as long as they can with both time and budget.  He said they have put thousands of dollars of their own money into the facility.  Other churches in the areas will house homeless people attending their church on an emergency situation.  Mr. Williams did that for years and sometimes had twenty homeless people at a time.  Then he was shut down by the Fire Marshal.  He was told he could house the homeless legally.  Mr. Williams doesn’t want to turn away those that need help and if he has a warm place for someone he will give them a place to stay.  He reiterated he agrees with the 15 day maximum stay, but doesn’t know what a staff person would be doing during the 12 hour period when no one is allowed on the property.

 

Commissioner Lehner questioned the proposed number of individuals at the shelter, as the drawing shows ten beds and the CUP is for 12 people.  Mr. Williams stated he would have 10 beds in the refuge.  City Planner McKibben added the parking is based on 12 beds.  Commissioner Lehner questioned the 5 ft. alley setback, and Public Works comments that there is a 20 ft. setback from the alley.  City Planner McKibben said the code states a 20 ft. setback from rights of way rather than alleys.  

 

Commissioner Pfeil asked if there would be access to the bathroom during the day and Mr. Williams replied the bathroom is not locked and has access to the outside of the building.  It will be accessible during the day.

 

Jim Pastro, Elder at the Refuge Chapel, said he just wants to see the men get on their feet and find a place of their own.  Fifteen days is not enough time as other agencies may get involved and money may be forthcoming.  To shut their stay at the shelter off after 15 days limits their ability to get on their feet.  Mr. Pastro would rather see the men established so the shelter is not necessary.

 

Homer Police Chief Mark Robl said he wrote the recommendation.  He is concerned about the shelter turning into a place that will develop into a long-term homeless population in Homer.  Chief Robl has been a police office for 21 years and remembers back to the late 1980’s when there was a shelter in Homer.  There is a high percentage of alcohol and drug problems among the homeless and 30% have mental illness issues.  They bring other problems with them.  He has no objection to the way the Williams’ want to run the shelter as they want to help people get back on their feet.  It is a wonderful service.  Chief Robl said after 15 days there should be counseling and interviews with the assurance they are working to establish a permanent relationship with Homer.  There is a danger of establishing a permanent homeless population in Homer if the stay is extended.  Shelters in Ketchikan have a four day maximum stay and those in the Lower 48 have substantially less.  Some shelters do the 30-day extension.  Chief Robl said in the 1980’s they dealt with significant alcoholics.  He has heard from people if we build a shelter the homeless will come.  That did happen years ago with the shelter and when it closed the people left.  As a young officer Chief Robl was in the shelter a couple times a week.  He concluded the Refuge folks are very cooperative and helpful and he believes we can work with them.

 

Vice Chair Hess asked if renewal options had been discussed and City Planner McKibben answered recommendation #5 addresses extensions.  A certified case management service may request one 30-day occupancy extension for a client.  Chief Robl stated he would not be opposed to a 15-day renewal.

 

Commissioner Foster asked if the open restroom without a staff person would be a concern.  Chief Robl answered every shelter has 24/7 staffing as people use some of the facilities during the day when the overnight facilities close.  Commissioner Kranich asked if the curtailed daytime access would be a concern.  Chief Robl said he recommends daytime access not be allowed by live-ins.

 

Shari Daugherty, President of Share the Spirit, said the shelter is a much needed facility.  As an organization that catches those that fall through the gaps, the shelter would cut down on their need to fill in.  She believes the Refuge Chapel is doing an excellent job as they are conscientious and providing a service the town needed.  Share the Spirit set out to establish a shelter and could not make the long-term commitment.  Tonight the Commission will hear from neighbors and businesspeople that say they don’t want the shelter in their back yard.  She asked the Commission to be courageous and say the shelter is needed and that is where it is going to be.  The 15 or 30-day stay and the number of planters can be worked out.  Ms. Daugherty said it is necessary the bathroom be open as it is creating a public nuisance if it is not.  She trusts the Planning Commission will do their duty to make it work out.

 

John Williams, city resident, and Darren Williams’ father, is a board member of the Refuge Room.  He spends nights there.  There is success there as many of the guys have found their way again because the Williams’ were there.  Not all have succeeded as there have been problems with alcohol and trying to get the guys off of it.  The Refuge is faith based and they are in it to help others, not for the dollars.  Mr. Williams is proud to be a part of it.  He hopes the community will see the need to have a place for those that are displaced.  With the sign on the door word gets around there is a warm place to stay.  There will always be some person that gets drunk and the police will have to be called.  Without the shelter they have to pick up guys in boats and dumpsters.  Mr. Williams said they want to help the community and look at the positive instead of the negative.  

 

Commissioner Foster questioned the shelter’s proximity to the liquor store and bars.  Mr. Williams said it is too late to move liquor store or bars.  He hates the bumper sticker that says Homer is a quaint little drinking village with a fishing problem.  Alcohol is a serious problem.  They strongly urge the men to stay away from both, as they are trying to be a positive influence.

 

Commission Pfeil asked if they receive help from the state or federal government since they are faith based.  Mr. Williams answered they do not and have thought about grants but have no grant writer.  They would like to get some help.  He said there is always someone there to spend the night with the men.  He doesn’t understand the need for 24/7 staffing as NAMI (National Alliance on Mental Illness) and Community Mental Health give the men a place to go during the day.  They are also sent to job service and social services, as they don’t like to have the men loitering. 

 

Commissioner Kranich asked if there would be a staff person at the shelter during the sign-in hours and Mr. Williams answered he goes in at 6:30 p.m. and leaves by 9:00 a.m.  Vice Chair Hess asked if the refuge shelter and homeless shelter is under the same tax status and Darren Williams replied they are under the same non-profit corporation.

 

Eric Scott, city resident and Pastor at the Refuge, asked the Commission to consider a longer shelter stay than the 15 days.  He is familiar with the 1980’s shelter and that they can easily turn into flop houses and hangouts that attract many homeless.  The Refuge Chapel is quite different.  A 15-day limit would be difficult for the things they would like to see happen.

 

Skip Mills, city resident living near the proposed site, said the liquor store is in close proximity.  When a drunken person is turned away from the shelter, where do they go?  There are 75 children in the area and two daycare centers.  Mr. Mills is retired after 28 years in law enforcement, three of those years spent investigating sex crimes against children.  Pedophiles have no profile.

 

Elizabeth DeArmoun represents the Dolphin Villas, Homer Senior Citizens and Fred Lau.  She has owned Dolphin Villas for four years.  It is located directly across the street from the senior center.  In the future she hopes it will be a retirement community.  She paid for a porti-potty near her cabins so when patrons are kicked out for three days they are not over there defecating, urinating, drinking, leaving materials on her property and preying on her tenants that are mentally handicapped and on disability.  She provides a service and is paying for it.  Ms. DeArmoun agrees there is a need for a men’s homeless shelter due to mental, alcohol, disability, criminal, social and financial reasons.  She does not believe it is in the best interest of Homer to put it in the heart of the business community and on the main street where the school buses let children off.  Dolfin is a magnet for that type of activity.  She has tried to get rid of the stigma by closing the cabins for the winter and upping police patrols.  Ms. DeArmoun said the long scope plans of the retirement community that lies back behind the layer of trees and alders needs to be considered.  People hide, camp out, and pitch tents.  She cannot police it all.  Most tenants have been there since she purchased the building.  They are long-term residents and viable parts of the community.  Most of the residents have signed the petition opposing the shelter.  Ms. DeArmoun believes the shelter can be located in an industrial type of environment.  She feels the 15 day stay is too long.

 

Lynda Reed owns a retail business, art gallery and women’s apparel store on Pioneer Avenue.  She has been working hard in Homer for 15 years to build a retail atmosphere.  She supports the efforts to provide shelter to the homeless, but the heart of the retail district is not the place.  The mix of retail and problems associated with a homeless shelter don’t compliment each other.  Ms. Reed urged the Planning Commission to consider the business owners’ wishes, those that make Homer grow.

 

Charlie Gaines addressed the Commission, stating he knew some of them but felt connected to all through the community.  In the 1970’s he was a novitiate brother in the Order of the Holy Family, a nonecumenical Order located in downtown Denver, Colorado.  The Order ran a Homeless Outreach program that housed 1,500 homeless and fed 2,500 meals per month.  There was a free medical clinic, a heroin rehabilitation center and a crisis hotline.  After that he ran a street mission in San Francisco and one in Santa Cruz, California.  He established Free Food for People that grew from feeding 100 people a day to 300 per day.  Mr. Gaines is presently a working father residing on Klondike Street for the past six years.  There is a need for addressing the issues of the homelessness, along with the need to balance the needs for the safety and security of our children and the elderly.  He strongly feels the needs of children and the elderly, our most valued treasures, should be addressed over the needs of the homeless.  The shelter’s proposed location is a bad fit as the area to the south is comprised of 90% single family dwellings to include 75 children and two daycares within a block of the proposed shelter.  There are multiple unattended school bus stops within a two-block radius, one being 50 ft. from the location.  During the day children will pass through the area of the shelter.  He is not willing to label all homeless men of a devious nature as he believes a large part of the homeless population is of a decent nature.  Mr. Gaines stated 15% to 20% of the homeless population have serious issues, due to mental health and substance abuse, and 20% are felons with a percentage of them as violent and sex offenders.  It will happen; it’s how often it will happen.  An adult male homeless shelter brings a criminal element to the business and residential neighborhood.  The situation can be controlled as to the placement of the centers.  Across the nation there are only two instances of homeless shelters succeeding within communities in the United States.  Mr. Gaines is not against a homeless shelter.  He likes the work he has seen and heard about with Mr. Williams and the Refuge Chapel.  We need to be careful not to shape destiny through tragedy, but through wise planning and common sense.  Thirty-two percent of adult male homeless suffers from serious mental disorders.  We shouldn’t forget the lesson of Jesse Pritcher.  In the past year there have been two incidences of homeless adults, one a stabbing on Kachemak Drive and the stabbing at Wynn Center.  To say there will be moments of public intoxication is short-sighted; there will be violent incidences. 

 

Scott Wheat is in favor of the homeless shelter.  He asked if not at the proposed location, where?  If not now, when?  By whom, if not the Refuge Chapel?  He has lived in Homer since 1990 and owned property in the Borough since 1993.  There have been issues in the neighborhood of this type.  Mr. Wheat is aware of the Bear Creek facility the mental health center established as a group home.  The facility has turned out well.  His partner, Kelly is on the Kenai Peninsula Housing Initiative Board and is involved with more formal housing for low income.  As it takes time for the agencies to respond, the stay limit is relevant.  Time extensions would be important and conditions of counseling could be set.  There will be people drinking, those with drug problems and mental health problems, but the shelter makes for a safer community.  The central location makes all services within walking distance.  The Independent Living Center offers a taxi voucher to qualified people, making a little more flexibility. 

 

Tom McGreenery, city resident, lives on Klondike Avenue.  He asked that Charlie Gaines be allowed to speak again as he has extensive knowledge on the issue.  Mr. McGreenery met with Mr. Gaines and he was amazed at the knowledge he has on the subject.  He asked the Commission to allow Mr. Gaines more time to speak rather than submitting written testimony.  HCC 21.61.020(b) applies the standard that the value of the adjoining properties will not be negatively impacted greater than that anticipated from other permitted uses in the district.  Mr. McGreenery believes the homeless shelter will negatively impact the values of adjoining properties greater than any other permitted use.  From a zoning point of view the applicant’s intended use must be in harmony with the community plan and with surrounding land use.  Glacierview subdivision is the most densely populated subdivision in the Homer city limits.  There are numerous young children, single women and daycare centers.  He cannot think of a more inappropriate location within the city limits for a homeless center.  The primary causes of homelessness are alcohol and drug abuse and mental illness.  A certain percentage of homeless are convicted felons, sex offenders, etc.  He asked if this is the type of facility we want in a densely populated residential neighborhood.  Mr. McGreenery asked where people would go if they were turned away from the shelter for drug or alcohol use.  He questioned if they would sleep in his backyard, shed or in the field behind Kachemak Heritage Land Trust.  Mr. McGreenery concluded these are serious issues and the proposed location is the worst place within the city.  There may be a need for the facility somewhere in Homer, but this isn’t it.

 

Frank Griswold, city resident in the affected area, is happy to see that he and Tom McGreenery agree on something.  City Code acknowledges that a homeless shelter is not a desirable use, as it is not permitted outright in any zoning district and is only used as a conditional use in GC1, GC2 and CBD.  Even as a conditional use it is not allowed if it abuts an urban, rural or office residential zoning district.  The proposed shelter location does not abut an urban zoning district, but the surrounding neighborhood is largely residential.  The Board of Adjustment determined that Pioneer Avenue was in the surrounding area with Grubstake[1].  Residents of Glacierview subdivision should be afforded the same protection AS other residential neighborhoods.  How would you like a men’s homeless shelter next to your home?  Mr. Griswold said it was not a “not in my backyard” argument, as the facility would have a negative effect on the neighborhood character, property values and the health, safety and welfare of those living in the surrounding area including himself.  There are appropriate places in Homer for such a facility.  Mr. Griswold said as noted in the packet, the Glory Hole Homeless Shelter in Juneau is located on the outskirts of town, not in a residential neighborhood in the center of the city.  Peg Coleman cautioned planning staff to avoid creating a new homeless population and Chief Robl recommended limiting the stay from three to five days.  The plan calls for a 30-day limit with a possible 30-day extension.  Mr. Griswold asked if one night away will restart the clock and who would check on it?  Although there is a zero tolerance for drugs and alcohol, it does not prevent clients from showing up drugged or drunk.  The hours are 8:00 p.m. to 8:00 a.m., so for whom and for what is the fenced recreation area, night volleyball?  He questioned why the bathroom needed to remain open if people were not to be there.  He questioned where residents would loiter if they were not allowed to loiter on site.  The assumption is made that clients will not drive vehicles, but just because someone doesn’t have a home doesn’t mean they don’t have a car.  The former site of the Refuge Chapel had a derelict bus parked in front of it.  Will the bus show up and provide overflow housing in town?  One provision states if the shelter has overflow they should, but not must, call the Home Police Department.  What will happen with overflow?  It is little consolation clients showing up with large knives or other weapons may be required to place them in secure storage while on site.  Neighbors have a right to be concerned about the weapons, especially when shelter clients are loitering on their property.  Under staff finding A staff identifies the purposes of the zoning code and zoning district and indicates all the purposes are met without any explanation.  Mr. Griswold said it is not a finding; it is a baseless conclusionary statement.  Staff finding B states the shelter will not negatively impact the value of adjoining property greater than that anticipated from other permitted uses in the district.  He said it will have a negative impact.  Mr. Griswold said it will probably create a much bigger problem.  The only reference to the Comprehensive Plan is the reference to the 1989 plan when there was a homeless shelter in Homer.  That plan is now obsolete.  Mr. Griswold asked City Planner McKibben if a zoning permit was obtained for the $20,000 renovation.  City Planner McKibben answered she was not sure.  When the Refuge Chapel purchased the building the chapel was already there.  Mr. Griswold said the $20,000 renovation was done in preparation for the homeless shelter; an after the fact deal.  It shows they are not following regulations.  He is confused if it is a flop house, a bunkhouse, or a homeless shelter as it doesn’t meet the definition without providing meals.  He said there is serious concern about cramming 10 to 12 people into 540 sq. ft. with one bathroom.  Mr. Griswold reached his allowed comment time and was encouraged to provide written testimony.

 

City Planner McKibben commented the 1989 Comprehensive Plan is still relevant as the 1999 update was for land use, not health and social services. 

 

Irene Randolph, city resident and owner of Fireweed Gallery and an apartment on Pioneer Avenue voiced her objection to the homeless shelter.  She and other business owners have tried really hard to raise the standards on Pioneer Avenue in the business areas and she believes they have done a good job at that.  She would hate to see them backslide.  Ms. Randolph marvels at the very idea of proposing a homeless shelter in between a liquor store and bar, which were there before the proposed homeless shelter.  She cannot see how it can benefit the souls they are trying to help.  Everyone has difficult times and she appreciates wanting to help people, but this is not the location.  As a business owner she believes it will be detrimental on many levels.  As a property owner it will negatively impact the property value.  Many years there was a place available to the homeless on Pioneer Avenue in the very location of her building.  She has heard stories about it that there were problems with folks being harassed with cat calls and water balloons.  While Ms. Randolph agrees the homeless need a shelter, she doubts the main business street between two liquor establishments and backing up on residential property with children is the proper place.    

 

Roger Shannon, city resident, stated he has listened to comments on both sides and tries to ride the center until he arrives at an answer to five different questions.  Who, what, when, where and why need to be answered before you can arrive at an answer.  We know the where and what.  Mr. Shannon spends a night a week at the shelter to keep an eye on the guys.  Some of them there are not exactly homeless.  They are there because of circumstances in their home, and the shelter gets them out of a bad situation.  Some have suggested a limited stay, but if a man has no other place to go, after four or fifteen days they have to be put out. Where are they going to go?  When a guy is flat on his back financially it is a pretty short time to get back on his feet. When a guy works for a boat owner and works for the whole season, and only comes back with $300, how will he get back on his feet?  There are plenty of boat owners out there that take advantage of a less intelligent individual.  When they spend the 15 days they will be put back on the streets and social services can deal with them.  The Refuge is trying to get their feet underneath them and they are using out-of-pocket money.  There have been a lot of adverse comments, and Mr. Shannon would like to hear more.  He asks that the decision can be postponed for more public testimony.  Mr. Shannon said he has listened to paranoia from the property owners and wonders if the paranoia is shown about the Grog Shop, The Alibi and Kharacters.  He said the clientele there outnumber the five to ten that stay at the Refuge Room by a bunch during the night hours.

 

Matt Shadle, city resident and Homer City Councilmember, said he has no opinion, but wants to give the Commission the best advice—to look at other communities that have dealt with the same problem.  There are cities much closer to Homer that can be compared to see how they did it.  The right plan will meet the citizen’s needs of the community.  Mr. Shadle said he spent a lot of years in Kodiak and the Brother Francis Shelter was right downtown in the vicinity of city residents.  With some restrictions it worked out and is working out great.  He urged the Commission to call them.

 

Darren Williams, applicant for the Refuge Room, said 90% of the people that come to the shelter have problems with drugs and alcohol.  They have developed a three strikes policy, if they come in intoxicated more than three times they can’t come back.  It takes care of them quickly.  The Refuge Room is a last stop for the homeless that don’t have any money.  They will generally exit the community.  Mr. Williams has helped quite a few of them leave by giving them tickets.  Boardmember Doug Dodd came from a homeless shelter in Spokane, Washington where he was rehabbed.  He helps Mr. Williams make decisions about who can be at the shelter and how they will deal with them.  Mr. Williams said he dealt with a person today that had stayed at the shelter before and had been kicked out.  In order to stay at the shelter he is required to do mental screening at mental health and AA meetings every day.  Mr. Williams said he has a relationship with Mel (Strydom) at the Rum Locker and he does not sell liquor to people intoxicated or those he knows are staying at the refuge shelter.  When they came to the Pioneer Avenue location it was as a bunkhouse rather than a homeless shelter.  They would prefer to stay as a bunkhouse as they can charge patrons $10 a night or allow them to work it off.  He didn’t want to become a homeless shelter but they are willing to deal with it.  Mr. Williams said he is not a professional homeless help person but they have many on staff that have been in shelters and are now rehabbed.  Mr. Williams appreciates everyone’s testimony and takes it to heart being in the neighborhood.  He will try to make it as safe a place as possible.

 

Lannie Simpson, Klondike street resident, provided a letter of support for the Refuge Room that was read into the record.

 

City Planner McKibben said it was suggested by a member that testified that the public hearing be continued.

 

Commissioner Foster said he may have a conflict of interest as he is a property owner and he is building a home for his mother. 

 

LEHNER/KRANICH - MOVED TO CONTINUE THE PUBLIC HEARING TO THE NEXT MEETING.

 

Commissioner Lehner thanked the participants, stating the Commission is gaining information.  Commissioner Kranich encouraged people to bring written information to the Commission.  The packet deadline to receive information is 5:00 p.m. January 25.

 

Vice Chair Hess asked if there was an operation in the building now.  City Planner McKibben answered she was not sure.

 

VOTE:  YES.  PFEIL, HESS, KRANICH, FOSTER, LEHNER

 

Motion carried.

 

Vice Chair Hess called for a recess at 8:58 p.m. and reconvened the meeting at 9:20 p.m.

 

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. 

 

A.                 Staff Report PL 05-132 Virginia Lynn 2006 Replat Preliminary Plat

 

City Planner McKibben advised the Commission of the new staff report PL 06-07 that is supplemental to PL 05-132.  Laydown information included a letter from Seabright Surveying.

 

Vice Chair Hess declared a conflict of interest as was recognized in the December 7, 2005 meeting.  He was excused from the plat consideration and took a seat in the audience.  Commissioner Pfeil assumed the role of Acting Chair and presided over the plat consideration.

 

The current motion on the floor:

LEHNER/PFEIL - MOVED TO APPROVE PRELIMINARY PLAT AS DESCRIBED IN STAFF REPORT PL 05-132 WITHOUT RECOMMENDATIONS.

 

Commissioner Kranich stated the new staff report includes three recommendations.

 

KRANICH/ - MOVED TO AMEND MOTION TO ADOPT PL 05-132 TO INCLUDE STAFF REPORT PL 06-07 INCLUDING THREE RECOMMENDATIONS.

 

City Planner McKibben reported Seabright Surveying verified the measurements of the parcel.  Based on the surveyor and department’s information, approval of the preliminary plat without conditions or stipulations would be appropriate.

 

Motion died for lack of a second.

 

VOTE: (main motion) YES.  LEHNER, FOSTER, PFEIL, KRANICH

 

Motion carried.

 

B.                 Staff Report PL 06-01 Levesque Subdivision No. 2 Preliminary Plat

 

LEHNER/KRANICH – MOVED FOR A CONFLICT OF INTEREST.

 

Commissioner Lehner stated she is so rabidly pro trail that she cannot be unbiased when it comes to vacating any easement that might conceivably result in a negotiation of a trail.  Ms. Lehner owns the adjoining property and wants the trails to go up to Skyline Drive.

 

There was no further discussion.

 

VOTE:  YES.  KRANICH, FOSTER, PFEIL, HESS

 

Motion carried. 

 

Commissioner Lehner was excused from the preliminary plat discussions and took a seat in the audience.

 

There was no applicant’s representative or members of the public that wished to testify.

 

Vice Chair Hess asked for a motion to adopt the preliminary plat.

 

KRANICH/PFEIL - MOVED FOR THE ADOPTION OF STAFF REPORT PL 06-01 FOR LEVESQUE SUBDIVISION #2 PRELIMINARY PLAT.

 

Commissioner Kranich said Homer Electric Association is not utilizing the easement and he does not believe it should be retained when the property line goes away.

 

Vice Chair Hess questioned if there should be a letter from HEA to approve the vacation of the utility easement.  City Planner McKibben answered the Borough requires the letter approving the vacation, but the City does not.  Vice Chair Hess referred to the City Attorney’s letter dated January 6, 2006 included in the packet that refers to zoning permits and platting relative to the Comprehensive Plan.  The attorney said platting actions are the purview of the Borough and the Homer Planning Commission can only make recommendations.  It is not out of line for the Commission to make recommendations for something out of the Comprehensive Plan even if it is not in the subdivision code.  In light of Commissioner Lehner’s stand on trails, the Non Motorized Transportation and Trails Plan (NMTTP) may provide input on the subject preliminary plat.  

 

City Planner McKibben said the landowner would have to sign a letter granting approval for an electrical easement to be used as a trails easement.  In the current easement only electrical utilities have been granted easement.  The Planning Commission and Public Works require 20 ft. pedestrian easements.  Ten feet is probably not enough due to the steep terrain.  No route in the vicinity is identified by the NMTTP, only East End Road to Skyline connections are mapped.  Surveyor Roger Imhoff said there is a trail on the adjacent property, the Alaska Bible Institute.  City Planner McKibben said based on the above information it is her recommendation the electrical easement be vacated. 

 

VOTE:  YES.  FOSTER, PFEIL, KRANICH, HESS

 

Motion carried.

 

COMMISSION BUSINESS

 

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

 

A.        Staff Report PL 05-82   Re:  Lot sizes within the Rural Residential Zoning District.  Continued from August 17, September 7, and October 5, 2005 Homer Advisory Planning Commission meeting.

 

B.        Staff Report PL 05-98 Re:  Amending Homer City Code 21.70 Amendment Procedures.  Continued from August 17 & September 7, 2005 Homer Advisory Planning Commission meeting.

 

C.             Staff Report PL 05-117 Time Limited Moratorium for Large Scale Subdivisions.

 

KRANICH/PFEIL – MOVED TO MOVE ITEMS A & B TO NEXT MONTH’S AGENDA AND PLACE ITEM C ON THE WORK LIST.

 

VOTE:  YES.  NON OBJECTION.  UNANIMOUS CONSENT.

 

Motion carried.

 

D.                Staff Report PL 06-06 Re:  Commission Work List, On-going.

 

Commissioner Kranich asked if a bulk adoption of permitted use structures in the annexed area could be added to the Work List.  Vice Chair Hess said the Storm Water Plan in already developed properties should be added too.

 

City Planner McKibben said she had asked the Commission about the application of lots that are 60% developed and the application of the Storm Water Plan.  It is clear when it is a virgin piece of property never developed.  She struggles with applying it to already developed sites for an addition.  Lots on Pioneer Avenue, due to the lot sizes are beyond 60% developed with a building and a parking lot.  Commissioner Foster said pollutants that could accumulate could increase with the size of the parking lot, or if they were producing or dealing with pollutants such as a auto repair shop.  Then he could see reason for change.  City Planner McKibben suggested the Commission work on the code to clarify it.  Commissioner Foster will provide suggestions from other communities.  

 

REPORTS

 

A.                 Borough Report

 

Commissioner Foster said he had no Borough report, as he has been on vacation.  He submitted a letter regarding Quiet Creek Park while vacationing in California to assure the City of Homer was heard.

 

            B.        Kachemak Bay Advisory Planning Commission Report

 

PLANNING DIRECTOR’S REPORT

 

Vice Chair Hess was impressed with the staff reports, stating they were all well done.  He appreciated the in depth report on the Refuge Chapel.  Commissioner Pfeil thanked City Planner McKibben for the letter that was sent to the Cabana’s regarding the bright lights on the highway.  Vice Chair Hess asked if Full Power, the alternator repair shop on Ocean Drive, had a sign permit.  

           

INFORMATIONAL MATERIALS

 

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

 

            A.        Letter dated January 6, 2006 from Beth McKibben, City Planner to Mary Toll, KPB Platting Officer regarding Barnett’s South Slope Subdivision Quiet Creek Park Preliminary Plat.

 

            B.        Email correspondence dated January 6, 2006 from Jo Johnson, Deputy City Clerk to Tony Neal regarding an excerpt of the HAPC January 4, 2006 meeting minutes.

 

            C.         Letter dated January 6, 2006 from Gordon Tans, City Attorney to Beth McKibben, City Planner regarding Zoning Permits and Platting Relative to Comprehensive Plan.

 

            D.        Public Notice of Application for Permit Reference Number POA-1978-312-T,             from English Bay Corporation dated December 22, 2005.

 

            E.        Public Notice of Application for Permit Reference Number POA-2003-1101-4, from English Bay Corporation dated December 22, 2005.

 

            F.         Letter dated December 13, 2005 from Dotti Harness, Planning Technician to Steve             Riedel and Richard Bremicker regarding 4296 Kachemak Drive.

 

            G.        Letter dated December 15, 2005 from Dotti Harness, Planning Technician to GCI regarding Equipment Storage on Lot 5, Block 7 Glacier View Subdivision.

 

            H.        Letter dated January 6, 2006 from Dotti Harness, Planning Technician to Mr. and Mrs. Cabana regarding modification of outside lighting.

 

            I.         Letter dated January 4, 2006 from Dotti Harness, Planning Technician to Trudy Ritchie regarding proposed furniture store at 813 East End Road.

 

            J.         Resolution 06-03 (A), A Resolution of the City Council of Homer, Alaska on the             Development of Roads and Long Term Traffic Plan for the City of Homer.

 

The Commission briefly discussed the informational items.

 

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 Kranich said it was a good meeting.

 

Commissioner Foster said the next workshop in the Coastal Dynamics series is on the science of building roads and their impact on environments and the environment’s impact on them.  It will be held in March or April.  There are some great folks from the Forest Service that are working on fish passage and the hydrology of building road designs.  

 

Commissioner Pfeil thanked everyone for their hard work.

 

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 10:11 p.m.  The next Regular Meeting is scheduled for February 1, 2006 at 7:00 p.m., in the Cowles Council Chambers.  There will be a work session at 6:00 p.m. prior to the meeting. 

 

 

 

___________________________________

JO JOHNSON, DEPUTY CITY CLERK

 

Approved: _________________________

 

 



[1] Board of Adjustment Decision on Appeal,  September 26, 2005, Griswold vs. McGreenery CUP 05-10