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HomeMy WebLinkAbout2015-11-10 Planning & Zoning MinutesCITY OF KENAI PLANNING & ZONING COMMISSION CITY COUNCIL CHAMBERS NOVEMBER 10, 2015 - 7:00 P.M. CHAIR JEFF TWAIT, PRESIDING MINUTES 1. CALL TO ORDER: Commissioner Twait called the meeting to order at 7:00 p.m. a. Pledge of Allegiance Twait led those assembled in the Pledge of Allegiance. b. Roll Call Commissioners present: G. Pettey, D. Fikes, R. Springer, J. Twait, K. Peterson, J. Glendening, J. Focose Staff/Council Liaison present: City Planner M. Kelley, City Attorney S. Bloom, Chief of Police G. Sandahl, Planning Assistant W. Anderson, Deputy City Clerk J. Heinz, Council Liaison H. Knackstedt A quorum was present. c.'Excused Absences d. Agenda Approval Chairman Twait noted the following requested additions to the packet: Add to Item 6a Memorandum dated July 14, 2015 from Council Member Molloy Add to Item 6a Questions for Kenai City Council providing direction to the Planning & Zoning Commission MOTION: Commissioner Peterson MOVED to approve the agenda with requested revisions; Commissioner Fikes SECONDED the motion. There were no objections; SO ORDERED. e. Consent Agenda MOTION: Commissioner Peterson MOVED to approve the consent agenda and Commissioner Fikes SECONDED the motion. There were no objections; SO ORDERED. *All items listed with an asterisk (`) are considered to be routine and non - controversial by the Commission and will be approved by one motion. There will be no separate discussion of these items unless a Commission Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. 2. *APPROVAL OF MINUTES: October 28, 2015 Approved by the consent agenda. 3. SCHEDULED PUBLIC COMMENT: (10 Minutes) —None. 4. PERSONS PRESENT NOT SCHEDULED: (3 Minutes) — None. 5. CONSIDERATION OF PLATS: None. 6. PUBLIC HEARINGS: a. PZ15 -30 — Resolution recommending an Ordinance to the Council of the City of Kenai, Alaska, Amending Kenai Municipal Code Chapter 14.20.230 — Home Occupations, to Prohibit Commercial Marijuana Establishments as Allowed Uses, Amending Kenai Municipal Code Chapter 14.20.320 — Definitions, to Add Marijuana Related Definitions, Enacting Kenai Municipal Code Chapter 14.20.330 - Standards for Commercial Marijuana Establishments, Creating Standards for Commercial Marijuana Establishments and Amending Kenai Municipal Code Chapter 14.22.010 — Land Use Table, to Add Commercial Marijuana Establishment Uses and Regulations and Make Other Housekeeping Changes. City Planner Kelley reviewed his staff report recommending approval of the resolution, which recommended Council's adoption of the draft ordinance that was prepared upon several Work Sessions conducted by the Planning & Zoning Commission. MOTION: Commissioner Peterson MOVED to approve Resolution No. PZ15 -30 and Commissioner Pettey SECONDED the motion. Chairman Twait opened the public hearing Dolly Phelps spoke against prohibiting home occupation for cultivation; explained it would exacerbate the black market. She explained that people were already growing it in their homes and the limited cultivation license was created to allow the home growers. She pointed out that some provisions were in conflict with state regulations and encouraged amending the draft ordinance after the state's regulations were set. She also gave an overview of what a home cultivation facility would look like. Patricia Patterson spoke in favor of allowing those growing plants in their homes be able to obtain licensure; noted that the draft ordinance left the limited cultivator out of the market. She also asked for clarification on the Conditional Use Permit process relevant to state licensure. Joshua Bird spoke against the Conditional Use Permit process as it made it more difficult for Planning and Zoning Commission Meeting November 10, 2015 Page 2 businesses to be legal and get out of the black market. He encouraged using the states definitions for buffer zones. He also noted that the Marijuana Control Board might consider removing the prohibition on marijuana clubs from state regulations. Michael Reynolds spoke against the draft ordinance pointing out that the black market isn't going to go away because the bigger market will come in and there will be no way for there to be smaller markets. He spoke in favor of someone from community owning and maintaining the market as opposed to someone else coming in and taking over. Dolly Phelps, again spoke in favor of the limited cultivation license. She explained that plants are tracked and there was no way for a licensee to get it out of the tracking system without destroying the marijuana. She also explained the surveillance requirements and acknowledged the need for a generator backup to meet the surveillance requirements. There being no one else wishing to speak, the public hearing was closed. It was pointed out that licensure as currently written in the draft Marijuana Control Board regulations would be limited to Alaska residents. It was clarified that where the word greenhouse was plural in two places could be administratively fixed to be singular. VOTE: YEA: Twait, Focose, Glendening, Fikes, Peterson, Springer NEA: Pettey MOTION PASSED. 7. UNFINISHED BUSINESS: None. 8. NEW BUSINESS: None. 9. PENDING ITEMS: None. 10. REPORTS: a. City Council — Knackstedt reported that two culverts in the Kenai Spur Highway were slated to be replaced; reviewed the action agenda of the November 4 Council meeting, which was provided in the packet. b. Borough Planning — Glendening reported the action taken by the Borough Planning Commission and Platting Committee at their November 9 meetings; 3 plats approved; 1 postponed. He also reported that the Planning Commissions approved a resolution that defined the term water dependent. c. Administration — Kelley reported on the following matters: • Upcoming joint work session with the Airport Commission regarding rezoning airport lands on November 12. • Upcoming APA training and subsequent conference. Planning and Zoning Commission Meeting November 10, 2015 Page 3 11. PERSONS PRESENT NOT SCHEDULED: None. 12. INFORMATIONAL ITEMS: None. 13. NEXT MEETING ATTENDANCE NOTIFICATION: December 9, 2015 Commissioner Fikes noted she would not be present. COMMISSION COMMENTS & QUESTIONS: Commissioners Focose and Glendening thanked the Chief of Police for attending. Commissioner Pettey explained that she voted no on PZ15 -30 to give City Council the option to opt out of commercial legalization of marijuana and represents the portion of the community that voted against legalization. Commissioner Twait thanked the City Attorney and Chief of Police for attending. 14. ADJOURNMENT: There being no further business before the Commission, the meeting was adjourned at 8:21 p.m. Minutes prepared an submitted by: J mi Heinz, CIVIC De ty City Clerk ®G off FD Planning and Zoning Commission Meeting November 10, 2015 Page 4