Session 07-01, a Regular Meeting
of the Homer Advisory Planning Commission was called to order by Chair Kranich
at
PRESENT: COMMISSIONERS FOSTER, KRANICH, SCHEER, ZAK
ABSENT: CHESLEY, HESS, MINSCH (all excused)
STAFF:
DEPUTY
APPROVAL OF 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
D. Commissioner Excused Absences
1. Bruce Hess
2.
Chair Kranich welcomed new Commissioner David Scheer. Due to the lack of commissioners present, Conditional Use Permits (CUP’s) will need to be continued to the next meeting.
The agenda was approved by consensus of the Commission.
APPROVAL OF MINUTES
Commission
approves minutes with any amendments.
A.
Approval of
The Regular 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.
Frank Griswold, city resident, thanked Commissioner Minsch for her comments at the October 2006 meeting re: procedures not being followed by other commissioners. He hopes training will occur this year as promised by City Planner McKibben.
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 Report PL 07-01 CUP 06-13, The Surfshack - A
Request for a Conditional Use Permit at
City Planner McKibben summarized
the staff report and added requirement #5:
All outdoor lighting will comply with
the Community Design Manual.
The applicant or representative was not present.
Chair Kranich opened the public hearing.
Valerie Connor, city resident and
neighbor to the subject property, voiced concerns for the land, water, plants
and wildlife. With no permit required
for clearing or grading land, trees have been removed from the eroding and
sensitive bluff. The permitting process needs revision, as a CUP is required
for building, but not for land preparation.
The lot is too small; although 27,000 sq. ft., only 6,000 sq. ft. remains,
the rest of the land is in the ocean.
Minimum lot sizes of 10,000 sq. ft. were adopted and the purpose of
Ms. Connor answered questions from the Commission:
· The lot is too small to be in harmony with neighboring properties. It would be too intense and at the very least should have a drainage plan.
· It would create a negative impact to neighboring properties. The seawall helped slow down erosion, but it would be adding more impervious coverage on the eroding bluff.
Frank Griswold, city resident, comments included:
· Commissioners should disclose business relationships with applicant, exparte communication and make full disclosure, and declare conflict of interest if it exists.
·
Staff finding A misapprehends standard of
·
Use allowable under
·
Purposes of zoning code in
·
CUP in conflict with
· Less than 6,000 sq. ft. of usable land.
· High density development inconsistent with purpose of district.
· Risk to sleeping tourists in path of tsunami does not promote health, safety and welfare.
·
· Proof of compliance with State building codes too vague, time limit and type of compliance is needed.
Chair Kranich closed the public hearing.
FOSTER/ZAK
– MOVED TO CONTINUE TO THE
The applicant may rebut public testimony based on the unapproved minutes and may request a copy of the recording.
VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.
Motion
carried.
B.
Staff
City Planner McKibben read the staff report and recommendations.
Phil Hickerson, representative for Alaska Digitel, asked for CUP approval. The height of the utility pole is limited and its service will bring data and voice for high speed internet use for the Spit and surrounding areas.
Mr. Hickerson answered questions from the Commission:
· The 10 ft. x 10 ft. platform houses radio and power cabinets 36” off the ground.
· The wood pole is 26” in width with flush antennas. It is stand alone, meets local wind structures and has no guide wires.
· Frequencies create no harmful effects to landing eagles; no reported damage to mammals or birds.
· Fence requested by owner, equipment enclosed inside metal cabinet to keep people from climbing the pole.
Chair Kranich opened the public hearing. There being no public testimony, the public hearing was closed.
FOSTER/ ZAK - MOVED TO CONTINUE
TO THE
There was no discussion.
VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
C.
Staff
FOSTER/ZAK – MOVED A CONFLICT OF INTEREST.[1]
Commissioner Foster declared a
conflict of interest, citing possible financial impact, as he owns property across
the street on
There was no objection from the Commission.
Chair Kranich ruled a conflict of interest that will carry through subsequent meetings on the subject CUP.
Commissioner Zak stated his objection to the conflict of interest, asking for reconsideration. Chair Kranich upheld his earlier ruling of Commissioner Foster’s conflict, but said the conflict will be addressed at the next meeting.
City Planner McKibben summarized the staff report and read the staff recommendations.
Darren Williams, Pastor of Refuge
Chapel, introduced boardmembers Doug Dodd, Tom Hagen and John Williams and
thanked City Planner McKibben and Planning Technician Harness for their
patience and work with the chapel. The
Refuge Chapel has been in operation since 2003.
They are not classified as a homeless shelter, as many occupants pay $300
per month to stay. No one stays without paying.
They service the homeless often and those that are not homeless but
chose to stay at the facility. A low
cost dormitory for men best describes them.
They have made a positive impact on the city of
Doug Dodd, city resident, volunteers,
but does not live at the refuge. He
requested approval of the operation of the refuge citing its close location to
the church and ability to provide low cost housing to men. They follow safeguards including background
checks and supervision. He asked that staff
recommendation #12 for taxi pickups and drop offs on Pioneer Avenue not be
accepted. It would require refuge
residents to loiter upstairs on the sidewalk and parking area since they have
no access to that part of the building.
Pickup on the
In defense of the Refuge Chapel, Mr. Dodd and Mr. Williams offered the following:
· There is no day limit on occupancy.
· There are showers.
· Men hang out at the washer/dryer doing laundry or at their jobs.
· Criminal charges can be viewed on State websites.
· Men are productive members of the community and have jobs.
· There is a Director for 24-hour supervision.
· Help is available for men to get hooked up with services and jobs.
· Guys have a personal interest; they don’t want deviant behavior with each other.
· Policing is done at the refuge by the guys that live there.
Asked if there was inside physical access from the shelter/dormitory to the teen center:
· Sliding glass door from teen center to downstairs area will only be open for concerts on the weekends.
· There is access to create a flow from assembly area downstairs to teen center.
· Both the teen center and refuge room are staffed; there will be no flow from upstairs to downstairs during operating hours.
· Have 3 doors to control access.
· Will not want to co-mingle those activities.
· Locked doors will not be in conflict with Fire Marshall’s requirements for exit.
· Verification will be provided after a walk-thru with the Fire Marshall.
Chair Kranich opened the public hearing.
Mark Shufelt,
George Suetir, city resident, believes the chapel is providing a service to the community, due to the lack of housing in Homer. He has a good job and still can’t find a decent place to live, making it logical for him to live at the refuge for the low cost.
Mark came to Homer seeking employment. With no place to stay he signed up to live at the Refuge Chapel. He now has a job to support his family and be a part of his daughter’s life. If not for the refuge those things would not have happened; he would have been homeless in a tent or car. The refuge has a zero tolerance for drugs and alcohol and is not a safe haven for criminals. It is for men that want to get back on their feet, become part of society and do positive things.
Charlie Gaines, neighborhood resident, lives directly behind the refuge chapel and was initially opposed to the idea. Last year when the shelter was seeking a CUP he gathered over 130 signatures against the shelter, but since that time has changed his mind after many conversations with Darren Williams. Significant changes have been made and the new staff report by Planning Technician Harness is exceptional in addressing the complexities of the CUP. Condition #12 regarding taxi pick up/drop off at the rear of the building has less negative impact on the neighborhood. Mr. Gaines fully supports the CUP. Once a cynic, he is now a believer that the shelter is good for the community at large. Living right behind the property with his two children, he has complete faith in the refuge and his prior concerns have evaporated.
Frank Griswold, city resident, commented that Charlie is now a believer due to the paycheck he got from the Refuge Chapel. A year ago he got 130 signatures; this year they made him a security guard and gave him a job at the teen center.
Due to interruption from the audience Chair Kranich called for a point of order.
Frank Griswold noted from the testimony tonight and last year every resident has a car, 90% of the clients are alcoholics and clients were asked to check their knives at the door. It’s not unreasonable to assume some residents may be intoxicated and carry weapons. Mr. Griswold should not have to be equally armed with the people living in the chapel. He walks his dogs each night and has always felt safe in the neighborhood. The taxis on the street are bothersome with their speeding and running stop signs. The Refuge Chapel does not fall under the use of dormitory.
John Williams, father to Darren and boardmember, believes Mr. Griswold makes up his mind in advance and doesn’t pay attention to the facts. If he had come to the open house Mr. Williams would have explained everything. Frank is never for anything, against everything and has his blinders on. If he were the first man in Homer no one else would have been allowed. It is malarkey that Charlie is on the payroll.
Jack Blakemore resides at the
shelter and appreciates the concerns of Mr. Griswold. Darren is concerned for the neighbors’ welfare. It is not who we are, but whom we serve. The refuge has a wholesome influence on the community. As a former correctional officer of the
maximum security and forensics unit at the
Darren Williams extended an olive branch to Frank, welcoming him to visit the facility anytime. He feels no animosity towards Frank, believes he is misinformed and may have fears built up that are not real. Mr. Williams asked for an extension of the CUP due to his absence at the next regular scheduled meeting. Charlie volunteers at the chapel and has received no compensation. Mr. Williams works at Save-U-More as he only receives nominal compensation at the chapel.
With consensus of the applicant, Chair
Kranich continued the public hearing to
Chair
Kranich 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 read the staff report and recommendations.
The applicant or representative was not present. Chair Kranich opened the public hearing. There was no public testimony. The public hearing was closed.
ZAK/FOSTER - MOVED TO ACCEPT
There was no discussion.
VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
STAFF COMMENTS/RECOMMENDATIONS:
Planning Commission
recommend approval of the preliminary plat with the following comments:
B.
Staff
City Planner McKibben summarized the staff report and recommendations.
The applicant or representative was not present. Chair Kranich opened the public hearing. There was no public testimony. The public hearing was closed.
FOSTER/ZAK – MOVED TO ACCEPT
Water service is the property owner’s responsibility and must be specified prior to recording the plat. Reference to whose finding it was and approval of plat note #3 was discussed. Surveyor Roger Imhoff was asked if the reference was needed. It is his opinion the final decision is with the State and it is not needed by the Commission.
FOSTER/SCHEER - MOVED TO AMEND STAFF RECOMMENDATION #1 TO ABANDON UNNECESSARY WATER SERVICE ON LOT 20A PRIOR TO RECORDING OF FINAL PLAT.
There was no additional discussion.
VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
VOTE: (main motion as amended) YES. NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
STAFF COMMENTS/RECOMMENDATIONS:
Planning Commission
recommend approval of the preliminary plat with the following comments:
C.
Staff
City Planner McKibben summarized the staff report and read the recommendations.
Mary Ann Fell, applicant, agrees with the plat. Carlos Freeman is currently out of town, but can fulfill the requirements. Her only concern is the 5 ft. drainage easement along the east lot line. Trees have been planted to the property line to replace the spruce bark beetle kill. If service was needed to the utility drain, arrangements would need to be made to get in. She is reluctant to give a 5 ft. easement and take the chance of the trees being knocked out.
City Planner McKibben noted the creation of the easement does not mean the trees have to be removed; it gives Public Works access for maintenance. Although there is the potential to take out the trees, Public Works would want to work with the Fell’s.
Chair Kranich opened the public hearing.
Roger Imhoff, surveyor, suggested the easement could include a plat note that the ground and vegetation be restored to its original condition.
Chair Kranich closed the public hearing.
FOSTER/ZAK - MOVED TO ACCEPT
FOSTER/ZAK - MOVED TO AMEND STAFF
RECOMMENDATION #5 IF ANY
There was no additional discussion.
VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
VOTE: (main motion as amended) YES. NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
STAFF
COMMENTS/RECOMMENDATIONS:
Planning Commission
recommend approval of the preliminary plat with the following comments:
5. Dedicate a 5 ft drainage easement along the eastern lot line.
D. Staff Report PL 07-08, Tice-Henrikson No. 2, Oracle Point Lots 1-8 Preliminary Plat
City Planner McKibben summarized the staff report and read the recommendations.
Roger Imhoff, surveyor and applicant’s
representative, has no objections to staff recommendations or comments. If the plat is approved they will apply to
DOT for driveway permits on the
Questions from the Commission included:
· Driveway permits will be for Lots 4 & 5.
· One road will access both lots, providing a total width of 40 ft. to allow for a 23 ft. wide standard driveway.
· If city water/sewer goes there in the future, lots could be subdivided.
· Every attempt to widen the 20 ft. panhandles was made; there were constraints to utilize the existing driveways on the east and west due to the location of bluff line, setbacks and septic.
·
KPB code requires each lot have frontage on a
public
·
A 60-ft. wide
· Meets 40,000 sq. ft. minimum lot size for the Gateway Overlay District.
· The Fire Department will have a 40 ft. wide easement to work with, rather than two separate driveways.
·
A common use driveway easement could be granted
at any width to the existing driveway for access to the
· There is one curb cut on the west end of the panhandle for Lots 2 and 3 and one on the east end of the panhandle for Lot 6, shared with the Shell station lot.
City Planner McKibben cited
21.49.050(a) for GC1 (General Commercial 1) pertaining to access of
SCHEER/ZAK - MOVED TO ADOPT
There was no discussion
SCHEER/FOSTER – MOVED TO AMEND
STAFF NOTE #3: AFTER “CREATE” INSERT “25 FT.”
There was brief discussion on 25 ft. being sufficient for the Fire Department. and a restriction of no new curb cuts. It was suggested some leeway be provided in the event another curb cut was needed.
Roger Imhoff answered questions:
·
·
Anyone buying one of the lots on the
The Planning Commission is seeing more shared driveway easements. The subject property has the potential of having up to eight businesses on a shared driveway easement that will not receive City maintenance. It will require business owners to get along to maintain the driveway. The Commission noted the differences between a meandering driveway to serve the lots versus a frontage road that looked like an urban situation. Owners of the eight lots could work out a subdivision agreement for driveway maintenance.
VOTE: YES. SCHEER FOSTER
VOTE: NO. KRANICH, ZAK
Motion failed.
ZAK - MOVED TO ELIMINATE STAFF
RECOMMENDATION #3
Motion died for lack of a second.
Discussion ensued of allowing one
more curb cut on the
SCHEER/ZAK – MOVED TO DEDICATE THE
DRIVEWAY EASEMENT TO
It was suggested an additional curb cut is logical with the concept behind the Gateway Business District. It is a large lot and efficient subdivision and three lots could be served by each curb cut.
VOTE: YES. ZAK, SCHEER
VOTE: NO. KRANICH, FOSTER
Motion failed.
Discussion followed as to the eight lots served by two driveways. It was suggested flexibility be given on the roads to allow room for leach fields as long as the subdivision complies with the written language of the code, its intent and purposes.
VOTE: (main motion) YES. ZAK, FOSTER, SCHEER, KRANICH
Motion carried.
STAFF COMMENTS/RECOMMENDATIONS:
Planning Commission
recommend approval of the preliminary plat with the following comments:
1.
A plate note
stating access to occupied structures must meet fire department standards.
2.
Correct city limits shown on the vicinity map.
3.
Create shared driveway easements for access to
the
E.
Staff
Commissioner Scheer stated a possible conflict of interest as he owns property across the street but does not feel that would bias his opinion.
Chair Kranich ruled Commissioner Scheer did not have a conflict of interest.
City Planner McKibben summarized the staff report and read the recommendations.
There was no applicant or representative present.
Chair Kranich opened the public hearing. There was no public testimony. Chair Kranich closed the public hearing.
FOSTER/ZAK – MOVED TO ADOPT
Commissioner Foster quoted former commissioner Fred Pfeil that he likes it when the lots get bigger.
SCHEER/FOSTER – MOVED TO ADD RECOMMENDATION #4 - THE CURRENT WETLAND DELINIATION BE SHOWN ON THE PLAT.
It is no additional burden on the surveyor and owner and provides help for future permitting on the property. The addition of a plat note for the date of the delineation was suggested.
SCHEER/FOSTER - MOVED TO AMEND THE AMENDMENT (RECOMMENDATION #4) THAT THE CURRENT WETLAND DELINIATION WITH THE DATE BE SHOWN ON THE PLAT.
It is a new requirement to add wetlands to plats.
VOTE: (secondary amendment) YES. NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
VOTE: (amendment as amended) YES. NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
Exceptions to the survey monumentation may be requested at the borough level. The surveys are in an area where there is a lot of fill right up to the neighboring house.
SCHEER/FOSTER – MOVED TO ADD RECOMMENDATION #5 THAT THE BOROUGH SHOULD NOT GRANT EXCEPTION TO SURVEY MONUMENTATION.
There was no further discussion.
VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
VOTE: (main motion as amended) YES. NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
STAFF COMMENTS/RECOMMENDATIONS:
Planning Commission
recommend approval of the preliminary plat with the following comments:
1. Label
the acreage of the new lot within the lot boundaries.
2. Preliminary plat submittals
are required to show general water and sewer stub out locations.
3. A plat note indicating that
any activity within wetlands requires Army Corps of Engineer permitting prior
to development activities.
OLD BUSINESS
A.
Staff
A public hearing will be scheduled
for
· Critical facilities should include utilities.
· Higher standards for flood plains.
·
Definitions need to apply only to
ZAK/SCHEER – MOVED TO BRING TO THE FLOOR FOR DISCUSSION.
VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
Commissioner Foster will provide flood plain information to staff and Chair Kranich will review the ordinance with City Planner McKibben prior to the public hearing.
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
07-05 Ordinance amending the Sign Code to include the Gateway Business District
Supplemental regulations need
to be amended to reflect the new district.
The sign code is the same as in the
FOSTER/SCHEER - MOVED TO ADOPT
It was suggested the sign code
be revised for this district. City
Planner McKibben commented with no sign ordinance in effect for the GBD
(Gateway Business District) it could create problems. The sign code needs a lot of work and a
quality job for the revisions; the GBD needs a sign code now. The public hearing was scheduled for
VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
STAFF
COMMENTS/RECOMMENDATIONS:
Planning Commission
move the draft ordinance to public hearing.
REPORTS
A. Borough Report
Commissioner Foster reported he
was absent for the
B.
None.
PLANNING DIRECTOR’S REPORT
City Planner McKibben reminded
the Commission of a joint worksession on February 26th with City Council for
the Land Allocation Plan. Consultants
for the Comprehensive Plan will be here January 29th and 30th. The first Community Advisory Committee
meeting will be held on January 29th at
INFORMATIONAL MATERIALS
Items listed under this agenda item can
be
A. Letter dated
B. Letter dated
C. Letter dated
D. Letter dated
E. Letter dated
F. Letter dated
G. Letter dated
COMMENTS OF THE AUDIENCE
Members of the audience may address the
Commission on any subject. The Chair may
prescribe time limits.
Frank Griswold, city resident,
spoke on voting procedures and motions for conflicts of interest. He believes the Chair applied the wrong
standards in determining the conflict of interest for Commissioner Foster. He urged the Commission to view the aerial
map of the Refuge Chapel and note the lack of parking space. Non conforming status and other legal issues
addressed tonight should be addressed prior to the next meeting. Chief Robl attended last year’s meeting on
the Refuge Chapel and should be encouraged to attend the next one for his
input. All testimony from last year should
be included in the record since people believe they had their say earlier and
may not attend. The Commission should be
aware the CUP goes with the land. Future
owners/operators are not bound by verbal assurances, only by conditions on the
permit. If a dormitory or homeless
shelter is so wonderful the use should be allowed in all zoning districts. The staff report was bias towards
approval. He asked where it is specified
the applicants have a time limit for testimony.
Commissioner Foster read the procedure
for a conflict of interest.
COMMENTS OF THE COMMISSION
Commissioners
may comment on any subject, including requests to staff and requests for
excused absence.
Commissioner Foster said it was good to be back. He welcomed Commissioner Scheer.
Commissioner Scheer commented he was glad to be on the commission and
hear the great conversations about the future of Homer.
Commissioner Zak questioned lot sizes for bluff lots that go to the
water and the 3:1 ratio for flag lots for subdivisions.
Discussion ensued as to bluff lots and flag lots.
Commissioner Kranich welcomed Commissioner Scheer, stating the first
meeting was interesting with a lot going on.
He reminded the Commission of the wetlands meeting tomorrow morning.
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
Approved: ________________________