HomeMy WebLinkAbout2015-12-09 Planning & Zoning Packet AGENDA
KENAI PLANNING & ZONING COMMISSION – REGULAR MEETING
DECEMBER 9, 2015, 7:00 P.M.
KENAI CITY COUNCIL CHAMBERS
210 FIDALGO AVENUE, KENAI, ALASKA 99611
http://www.kenai.city
1. CALL TO ORDER:
a. Pledge of Allegiance
b. Roll Call
c. Agenda Approval
d. Consent Agenda
e. *Excused Absences
*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:
a. *November 10, 2015 ........................................................................................ 1
3. SCHEDULED PUBLIC COMMENT: (10 Minutes)
4. PERSONS PRESENT NOT SCHEDULED: (3 Minutes)
5. CONSIDERATION OF PLATS:
a. PZ15-31 – Original Preliminary Plat of Haddock Subdivision KDC Replat,
submitted by McLane Consulting, P.O. Box 498, Soldotna, AK 99669 ............ 5
6. PUBLIC HEARINGS: None
7. UNFINISHED BUSINESS: None
8. NEW BUSINESS: None
9. PENDING ITEMS: None
10. REPORTS:
Work Session from 6:00 p.m. to 6:45 p.m. to review and discuss a proposed
ordinance pertaining to Kenai Municipal Code 12.50 – Abandoned Mobile Homes,
to Promote Public Peace, Health, Safety and Welfare through the Regulation of
Abandoned Mobile Homes Including Provisions for Abatement and Penalties. The
Work Session may reconvene after the regular scheduled meeting at the
discretion of the Planning & Zoning Commission.
a. City Council ..................................................................................................... 17
b. Borough Planning .......................................................................................... 21
c. Administration
11. PERSONS PRESENT NOT SCHEDULED: (3 Minutes)
12. INFORMATIONAL ITEMS:
13. NEXT MEETING ATTENDANCE NOTIFICATION: January 13, 2016
(Note: December 23, 2015 Planning & Zoning Commission meeting will be canceled due to the Christmas Holiday.)
14. COMMISSION COMMENTS & QUESTIONS:
15. ADJOURNMENT:
CITY 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
1
Planning and Zoning Commission Meeting
November 10, 2015
Page 2
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
2
Planning and Zoning Commission Meeting
November 10, 2015
Page 3
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.
3
Planning and Zoning Commission Meeting
November 10, 2015
Page 4
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 and submitted by:
_____________________________
Jamie Heinz, CMC
Deputy City Clerk
4
5
6
7
8
9
10
11
12
13
14
15
16
ACTION AGENDA
KENAI CITY COUNCIL – REGULAR MEETING
DECEMBER 2, 2015
*** NEW MEETING TIME – 6:00 P.M. ***
KENAI CITY COUNCIL CHAMBERS
210 FIDALGO AVE., KENAI, AK 99611
http://www.kenai.city
A. CALL TO ORDER
1. Pledge of Allegiance
2. Roll Call
3. Agenda Approval
4. Consent Agenda (Public comment limited to three (3) minutes per speaker;
thirty (30) minutes aggregated)
*All items listed with an asterisk (*) are considered to be routine and non-
controversial by the council and will be approved by one motion. There will be
no separate discussion of these items unless a council 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.
B. SCHEDULED PUBLIC COMMENTS (Public comment limited to ten (10) minutes
per speaker)
1. Charlie Yamada – Resurrection of the Community Bowling Alley.
2. Michelle Drew, BDO USA, LLP. – Fiscal Year 2015 Comprehensive Annual
Financial Report. [Clerk’s Note: 30 minutes requested for this presentation.]
C. UNSCHEDULED PUBLIC COMMENTS (Public comment limited to three (3)
minutes per speaker; thirty (30) minutes aggregated)
D. PUBLIC HEARINGS
1. ADOPTED AS AMENDED. Ordinance No. 2863-2015 – Amending Kenai
Municipal Code Chapter 12.25 – Abandoned Vehicles, to Define Abandoned
Vehicles, Amend the Definition of Junk Vehicles and Make Other Changes
Regarding Vehicle Storage, Repair and Enforcement and Amending Kenai
Municipal Code 12.20.030 – Debris and Junk Prohibited, to Reflect the Title
Change to Chapter 12.25.
2. ADOPTED AS AMENDED. Ordinance No. 2864-2015 – Increasing Estimated
Revenues and Appropriations by $11,991 in the Airport Fund and by $13,000
in the Airport Improvement Capital Project Fund for the 2016 Airfield Marking
& Signage Project and Authorizing Reappropriation of Remaining Funds from
Completed Projects to the 2016 Airfield Marking & Signage Project.
17
3. ADOPTED UNANIMOUSLY. Resolution No. 2015-64 – Supporting the
Efforts of the Central Area Rural Transit System (CARTS) to Secure a Grant
to Perform a Feasibility Analysis of Implementing Expanded Transit Services
in the Central Peninsula Area.
4. ADOPTED UNANIMOUSLY. Resolution No. 2015-65 – Adopting an
Alternative Allocation Method for the FY16 Shared Fisheries Business Tax
Program and Certifying that this Allocation Method Fairly Represents the
Distribution of Significant Effects of Fisheries Business Activity in FMA 14:
Cook Inlet.
5. ADOPTED UNANIMOUSLY. Resolution No. 2015-66 – Awarding an
Agreement for Construction of Beaver Creek Well Field Improvements, Wells
2C And 2E 2015-2016.
6. REMOVED FROM THE AGENDA. Resolution No. 2015-67 – Awarding an
Agreement for Construction of Vintage Pointe Heating Control Upgrades.
E. MINUTES
1. APPROVED BY CONSENT AGENDA. *Regular Meeting of November 4, 2015
2. APPROVED BY CONSENT AGENDA. *Work Session Summary of October
27, 2015
F. UNFINISHED BUSINESS – None.
G. NEW BUSINESS
1. APPROVED BY CONSENT AGENDA. *Action/Approval – Bills to be
Ratified.
2. APPROVED BY CONSENT AGENDA. *Action/Approval – Purchase Orders
Exceeding $15,000.
3. INTRODUCED BY CONSENT AGENDA/PUBLIC HEARING SET ON
12/16/15. *Ordinance No. 2865-2015 – Amending Kenai Municipal Code
Section 1.10.040 - Time of Regular Meeting, to Provide Procedures for
Establishing, Canceling and Changing Meeting Dates.
4. INTRODUCED BY CONSENT AGENDA/PUBLIC HEARING SET ON
12/16/15. *Ordinance No. 2866-2015 – Appropriating Transfers for FY2016
Budgeted Capital Projects in the Terminal Improvements Capital Project Fund
and the Airport Improvements Capital Project Fund.
5. INTRODUCED BY CONSENT AGENDA/PUBLIC HEARING SET ON
12/16/15. *Ordinance No. 2867-2015 – Increasing (Decreasing) Estimated
Revenues and Appropriation in the Personal Use Fishery Fund and Authorizing
Budgetary Transfers in that Fund for Remaining FY2016 Projected
Expenditures.
Kenai City Council Meeting Page 2 of 4
December 2, 2015
18
6. APPOINTMENTS CONFIRMED. Action/Approval – Mayoral Appointment
and Council Confirmation of Council Liaisons to Committees and Commission.
7. NOMINATIONS CONFIRMED. Action/Approval – Mayoral Nomination and
Council Confirmation of Appointments to the Planning and Zoning
Commission.
8. NO ACTION TAKEN. Action/Approval – Providing Direction to the City
Attorney and City Clerk to Draft a Resolution Establishing a Policy for Use of
City Email.
H. COMMISSION/COMMITTEE REPORTS
1. Council on Aging
2. Airport Commission
3. Harbor Commission
4. Parks and Recreation Commission
a. Event Park Sub-Committee
5. Planning and Zoning Commission
6. Beautification Committee
7. Mini-Grant Steering Committee
I. REPORT OF THE MAYOR
J. ADMINISTRATION REPORTS
1. City Manager
2. City Attorney
3. City Clerk
K. ADDITIONAL PUBLIC COMMENT
1. Citizens Comments (Public comment limited to five (5) minutes per speaker)
2. Council Comments
L. EXECUTIVE SESSION - None
M. PENDING ITEMS – None
N. ADJOURNMENT
****************************************************************************************************
INFORMATION ITEMS
1. Purchase Orders between $2,500 and $15,000 for Council Review.
2. Correspondence from the Kenai Peninsula Food Bank Board of Directors
Regarding Donations.
Kenai City Council Meeting Page 3 of 4
December 2, 2015
19
The agenda and supporting documents are posted on the City’s website at
www.kenai.city. Copies of resolutions and ordinances are available at the City Clerk’s
Office or outside the Council Chamber prior to the meeting. For additional information,
please contact the City Clerk’s Office at 907-283-8231.
Kenai City Council Meeting Page 4 of 4
December 2, 2015
20
1
KENAI PENINSULA BOROUGH PLANNING COMMISSION
GEORGE A. NAVARRE ADMINISTRATION BUILDING
ASSEMBLY CHAMBERS
144 NORTH BINKLEY STREET
SOLDOTNA, ALASKA 99669
November 23, 2015 - 7:30 P.M.
Tentative Agenda
A. CALL TO ORDER
B. ROLL CALL
C. APPROVAL OF CONSENT AND REGULAR AGENDA All items marked with an asterisk (*) are consent agenda items. Consent agenda items are
considered routine and non-controversial by the Planning Commission and will be approved by one
motion. There will be no separate discussion of consent agenda items unless a Planning
Commissioner so requests in which case the item will be removed from the consent agenda and
considered in its normal sequence on the regular agenda.
If you wish to comment on a consent agenda item or a regular agenda item other than a public
hearing, please advise the recording secretary before the meeting begins, and she will inform the
Chairman of your wish to comment.
*1. Time Extension Request
a. Misty Mountain (N/C) Time Extension ......................................... 2
KPB File 2006-267; [Imhoff/Rand, Tucker]
Location: North of Homer City Limits within Bridge Creek
Watershed Protection District; Kachemak Bay APC
b. Denali Subdivision Sexton Addition No.2 Time Extension .......... 8
KPB File 2009-194; [Tinker/Sexton]
Location: Corner of McKee St and Whitlock Ave in the
Kalifornsky area
*2. Planning Commission Resolutions - None
*3. Plats Granted Administrative Approval ................................................... 13
*4. Plats Granted Final Approval (20.10.040) - None
*5. Plat Amendment Request - None
*6. Utility Easement Vacations - None
*7. Commissioner Excused Absences
a. JoAnne Collins, Anchor Point / Ninilchik
*8. Minutes
a. November 9, 2015 Plat Committee Minutes
b. November 9, 2015 Planning Commission Minutes
D. PUBLIC COMMENT/PRESENTATIONS/COMMISSIONERS
Paulette Bokenko-
Carluccio
PC Member
City of Seldovia
Term Expires 2018
Alice Joanne Collins
PC Member
Anchor Point/ Ninilchik
Term Expires 2016
Cindy Ecklund
PC Member
City of Seward
Term Expires 2017
Robert F. Ernst
PC Member
Northwest Borough
Term Expires 2017
Dr. Rick Foster
Parliamentarian
Southwest Borough
Term Expires 2017
Sandra Key Holsten
PC Member
East Peninsula
Term Expires 2016
James Isham
PC Member
Sterling
Term Expires 2018
Harry Lockwood
PC Member
Ridgeway
Term Expires 2016
Blair Martin
Chairman
Kalifornsky Beach
Term Expires 2018
Robert Ruffner
Vice Chairman
Kasilof/Clam Gulch
Term Expires 2018
James Glendening
PC Member
Kenai City
Term Expires 2016
Franco Venuti
PC Member
Homer City
Term Expires 2016
21
2
(Items other than those appearing on the agenda. Limited to five minutes per speaker unless
previous arrangements are made
E. UNFINISHED BUSINESS
F. PUBLIC HEARINGS
1. Public notice is hereby given that a petition has been received ............. 18
to vacate a portion of a right-of-way and associated utility
easements in the Sterling area. The area under consideration is
described as follows: Location and request: Vacate the 60-ft
wide Goracke Circle cul-de-sac right-of-way and all associated
utility easements as dedicated on Soldotna – East Subdivision
No. 7, plat KN 85-10. The right-of-way being vacated is
unconstructed and located within the NW ¼, NW ¼, NW ¼ of
Section 25, Township 05 North, Range 10 West, Seward
Meridian, Alaska and within the Kenai Peninsula Borough. KPB
File 2015-134. Purpose as stated in petition: Petitioners state
that the cul-de-sac is no longer necessary and that all lots have
alternate access. Petitioner(s): Robert A. Green & Colleen M.
Smagge of Soldotna, AK, Dean D. & Mary E. Talley of Soldotna,
AK, and Teresa E. & Robert L. Baker Jr. of Soldotna, AK.
G. ANADROMOUS WATERS HABITAT PROTECTION DISTRICT (21.18) - None
H. VACATIONS NOT REQUIRING A PUBLIC HEARING - None
I. SPECIAL CONSIDERATIONS - None
J. SUBDIVISION PLAT PUBLIC HEARINGS
1. The Plat Committee is scheduled to review 3 preliminary plats.
K. OTHER/NEW BUSINESS
L. ASSEMBLY COMMENTS
M. LEGAL REPRESENTATIVE COMMENTS
N. DIRECTOR'S COMMENTS
O. COMMISSIONER COMMENTS
P. PENDING ITEMS FOR FUTURE ACTION
Q. ADJOURNMENT
MISCELLANEOUS INFORMATIONAL ITEMS
NO ACTION REQUIRED
1. Alaska LNG Monitor ............................................................................................. 28
2. Kenai Planning & Zoning Commission Minutes ................................................... 37
- October 28, 2015
NEXT REGULARY SCHEDULED PLANNING COMMISSION MEETING
The next regularly scheduled Planning Commission meeting will be held Monday,
Paul Whitney
PC Member
City of Soldotna
Term Expires 2017
Max J. Best
Planning Director
Mike Navarre
Borough Mayor
22
3
December 14, 2015 in the Assembly Chambers of the George A Navarre Kenai Peninsula
Borough, 144 North Binkley St, Soldotna, Alaska at 7:30 p.m.
ADVISORY PLANNING COMMISSION MEETINGS
CONTACT INFORMATION
KENAI PENINSULA BOROUGH PLANNING DEPARTMENT
Phone: 907-714-2200
Phone: toll free within the Borough 1-800-478-4441, extension 2215
Fax: 907-714-2378
e-mail address: planning@borough.kenai.ak.us
web site: http://www.borough.kenai.ak.us/planning-dept/planning-home
Advisory
Commission
Meeting Location Date Time
Anchor Point Anchor Point
Chamber of Commerce November 17, 2015 7:00 p.m.
Cooper Landing Cooper Landing
Community Hall December 9, 2015 6:00 p.m.
Hope / Sunrise Hope Social Hall December 10, 2015 7:00 p.m.
The Kachemak Bay and Funny River
Advisory Planning Commissions are inactive at this time.
NOTE: Advisory planning commission meetings are subject to change. Please verify the meeting
date, location, and time with the advisory planning commission chairperson. Chairperson contact
information is on each advisory planning commission website, which is linked to the Planning
Department website.
23
THIS PAGE INTENTIONALLY LEFT BLANK
24
1
KENAI PENINSULA BOROUGH PLAT COMMITTEE
GEORGE A. NAVARRE ADMINISTRATION BUILDING
ASSEMBLY CHAMBERS
144 NORTH BINKLEY STREET
SOLDOTNA, ALASKA 99669
6:30 p.m. November 23, 2015
Tentative Agenda
A. CALL TO ORDER
B. ROLL CALL
C. APPROVAL OF AGENDA, EXCUSED ABSENCES, AND MINUTES
1. Agenda
2. Member/Alternate Excused Absences
3. Minutes
a. November 9, 2015 Plat Committee Minutes
D. PUBLIC COMMENT
(Items other than those appearing on the agenda. Limited to five minutes per speaker
unless previous arrangements are made.)
E. SUBDIVISION PLAT PUBLIC HEARINGS
1. Carmichael Subdivision #3 ....................................................................... 2
KPB File 2015-139 [Johnson/Kimball]
Location: On Glacier Ave W in Sterling
2. Eagle Ridge Estates 2015 Replat ........................................................... 14
KPB File 2015-140 [Johnson/Fandrei]
Location: Off of Wildberry Ct in Kalifornsky
3. Isaaks’ Daughters Subdivision #2 ........................................................... 31
KPB File 2015-129
[Johnson/Paul Isaak 1992 Revocable Trust
Amy Isaak 1992 Revocable Trust]
Location: Off of Doc’n’ Amy Street – Kalifornsky
(Postponed at the October 26 Meeting)
MOTION ON THE FLOOR: Commissioner Ruffner moved, seconded by
Commissioner Collins to grant preliminary approval to Isaaks’ Daughters
Subdivision #2 subject to Borough Code and recommendations by staff.
F. FINAL SUBDIVISION PLAT PUBLIC HEARING
G. OTHER / NEW BUSINESS
H. MISCELLANEOUS INFORMATION -- NO ACTION REQUIRED
I. ADJOURNMENT
NEXT REGULARLY SCHEDULED MEETING
The next regularly scheduled Plat Committee meeting will be held Monday, December
MEMBERS:
JoAnne Collins
Anchor Point / Ninilchik
Term Expires 2016
Harry Lockwood
Ridgeway
Term Expires 2016
Blair Martin
Kalifornsky Beach
Term Expires 2018
Robert Ruffner
Kasilof / Clam Gulch
Term Expires 2018
Paul Whitney
City of Soldotna
Term Expires 2017
ALTERNATES:
James Glendening
City of Kenai
Term Expires 2016
James Isham
Sterling
Term Expires 2018
25
2
14, 2015 in the Assembly Chambers of the George A Navarre Kenai Peninsula Borough,
144 North Binkley, Soldotna, Alaska at 5:30 p.m.
PLANNING DEPARTMENT
Phone: 907-714-2215 Fax: 907-714-2378
Phone: toll free within the Borough 1-800-478-4441, extension 2215
e-mail address: planning@borough.kenai.ak.us
web site: http://www.borough.kenai.ak.us/planning-dept/planning-home
26