Session
06-03, a Regular Meeting of the Homer Advisory Planning Commission was called
to order by Vice Chair Hess at
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
C. KPB
Coastal Management Program Reports
1. Letter dated
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
The
amended meeting minutes of
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
City Planner McKibben summarized the staff
report and recommendations. Laydown items included Conditional Use Permit (CUP)
application, addendum to application, and letter dated
Applicant Sharon Bouman
was in the audience to answer questions from the Commission.
There were no public comments.
FOSTER/KRANICH – MOVED TO ACCEPT
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.
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
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 (
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
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
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
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
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
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
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
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
Tom McGreenery, city resident, lives on
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
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
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
Lannie Simpson,
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
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
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
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
The current motion on the floor:
LEHNER/PFEIL - MOVED TO APPROVE PRELIMINARY PLAT AS DESCRIBED
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
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
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
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
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
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.
C.
Staff
KRANICH/PFEIL – MOVED TO
MOVE ITEMS A & B TO NEXT MONTH’S AGENDA AND PLACE ITEM
VOTE: YES.
NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
D.
Staff
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
REPORTS
A.
Borough
Report
Commissioner
Foster said he had no Borough report, as he has been on vacation. He submitted a letter regarding
B.
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
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
B. Email correspondence dated
C. Letter dated
D. Public Notice of Application for Permit
Reference Number POA-1978-312-T, from
English Bay Corporation dated
E. Public Notice of Application for Permit
Reference Number POA-2003-1101-4, from English Bay Corporation dated
F. Letter dated
G. Letter dated
H. Letter dated
I. Letter dated
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
___________________________________
JO
JOHNSON, DEPUTY CITY CLERK
Approved:
_________________________