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HomeMy WebLinkAbout2016-03-23 Planning & Zoning MinutesCITY OF KENAI PLANNING & ZONING COMMISSION CITY COUNCIL CHAMBERS MARCH 23, 2016 - 7:00 P.M. CHAIR JEFF TWAIT, PRESIDING MINUTES 1. CALL TO ORDER: Commission Chair 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: R. Springer, J. Twait, K. Peterson, J. Glendening, J. Focose, D. Fikes Staff /Council Liaison present: City Planner M. Kelley, City Attorney S. Bloom, Police Chief, G. Sandahl, Deputy Clerk J. Heinz, Planning Assistant W. Anderson, Council Liaison H. Knackstedt A quorum was present. c. Agenda Approval Commissioner Peterson noted the following items to be removed /added to the agenda /packet: 2.a. Minutes — March 9, 2016. • Remove from the agenda 6.a. PZ16 -09 • Correspondence from Citizens • Pictures of the subject property 6.b. PZ16 -06 • Correspondence from Citizens • Pictures of the subject property • Memo from the City Planner MOTION: Commissioner Peterson MOVED to approve the agenda including the removals /additions to the agenda /packet; Commissioner Fikes SECONDED the motion. There were no objections; SO ORDERED. d. Consent Agenda MOTION: Commissioner Peterson MOVED to approve the consent agenda; 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. e. *Excused Absences — Glenese Pettey. 2. *APPROVAL OF MINUTES: March 9, 2016 [Clerk's Note: This item was removed at approval of the agenda.] 3. SCHEDULED PUBLIC COMMENT: (10 Minutes) 4. PERSONS PRESENT NOT SCHEDULED: (3 Minutes) 5. CONSIDERATION OF PLATS: None. 6. PUBLIC HEARINGS: a. PZ16 -09 — Application for a Variance Permit for the construction of Four -Plex on a lot within the Rural Residential Zone, which is approximately 18,295 square feet in size where 20,000 square feet is required. Located at 240 Fern Street, otherwise known as Lot 4, Block 2, Thompson Park Subd. Addn. No. 1. The application was submitted by the Kevin and Jessica Stearns, 108 S. Tinker Lane, No. 4, Kenai, Alaska 99611 City Planner Kelley reviewed his staff report, reviewing the conditions that are to exist as a prerequisite to issuance of a variance permit and recommending approval of the variance with the following conditions: • Compliance with all Federal, State, and Local regulations • Prior to obtaining a building permit, applicant must submit a Landscape Site Plan • Applicant must obtain a Building Permit prior to beginning construction MOTION: Commissioner Peterson MOVED to approve Resolution No. PZ16 -09 with staff recommendations and Commissioner Focose SECONDED the motion. Chairman Twait opened the public hearing. Sydney Ayer spoke against the variance noting traffic concerns, decrease to property values, and his desire to keep the neighborhood single - family residential. Planning and Zoning Commission Meeting March 23, 2016 Page 2 Elizabeth Brennan spoke against the variance noting that the neighborhood consisted mostly of single - family residences; stated she did not want transient neighbors in the neighborhood, and noted the blind corner from Lupine Drive onto Fern Street. Rosie Thompson spoke against the variance noting that she had lived in the neighborhood most of her life and that it was her grandfather that subdivided the property and had intended the properties be used for single - family residences. She also noted the blind corner from Lupine Drive onto Fern Street and suggested that the lot is too small for a 4 -plex. Nancy Meiers spoke against the variance suggesting the parcel was too small for a 4 -plex and noted there were approximately ten duplexes in the neighborhood. She echoed previous comments regarding the blind corner and pointed out that she couldn't see enough space for dumpster location in relation to garages. Mike Burcholz spoke against the variance suggesting more land be purchased, and a negative impact to property values. Phillip Smith spoke against the variance suggesting transient residents use drugs and pointed out that a marijuana store was also under consideration across highway Barb and BJ Elder spoke against the variance noting safety concerns, pointing out that neighbors had not changed in many years. They also noted that there were duplexes in neighborhood and that allowing a 4 -plex would create noticeably more traffic in the neighborhood. Arnold Wagaman spoke in favor of the variance, noting that he sold the applicants the property believing they could build a 4 -plex. He also pointed out that the blind corner had not been a problem in 18 years and that the variance was only required because the lot was 1,070 square feet too small, which was smaller than a house. Jessica Stearns spoke in favor of the variance noting that when they purchased the property, they thought they could build a 4 -plex, and had plans drawn up by an architect, but learned later that they needed a variance. She also noted that she respected the fears of the neighbors and assured they would be selective landlords and keep the property well maintained. She pointed out that when they moved to Kenai, they had a hard time finding a nice place to live and noted the shortage in rental properties. Finally, she suggested that a road condition that they were unable to resolve should not stop their building plans. There being no one else wishing to be heard, the public hearing was closed. Commissioner Peterson stated that because of the controversy within the neighborhood, he would not support the variance. Commissioner Fikes stated that due to the concerns regarding parking and the condensed small area, she would not support the variance Commissioner Twait noted that the traffic concerns were not on the lot itself, pointed out that the lot only needed to be ten feet wider and that the variance was proper for consideration and would support the variance. Commissioner Springer echoed Commissioner Twait's comments and added that if the plans Planning and Zoning Commission Meeting March 23, 2016 Page 3 were for a duplex, the variance would be easily approved. He noted he would support the variance. Commissioner Glendening noted the different zoning, which allowed only single - family residences, was across the street and would support the variance. Planning Director M. Kelley noted that public works could look at the streets and be reviewed to alleviate safety concerns. Commissioner Focose noted that with the safety precautions addressed, he was in favor of the variance. VOTE: YEA: Glendening, Focose, Twait, Springer NAY: Peterson, Fikes MOTION PASSED. Commission Chair Twait noted the 15 -day appeal period. b. PZ16 -06 — Application for a Conditional Use Permit to operate an approximately 400 - square -foot Retail Marijuana Store and an approximately 860 - square -foot Marijuana Cultivation Facility, Standard, within an existing approximately 2,256 -squre -foot commercial building; located on the property known as 5455 Kenai Spur Highway, Lot 6A1, Thompson Park 2013 Replat, KPB Parcel No. 04907032. Application submitted by: Roger Boyd, 37095 Kalifornsky Beach Road, Kenai, Alaska 99611 City Planner Kelley reviewed his staff report noting the review criteria that must be satisfied prior to issuance of a conditional use permit and recommending approval with the following conditions: • Development of the property shall conform to all Federal, State and Local Regulations • A Landscape Site Plan be submitted and approved prior to issuance of the Building Permit • Construction of an 8' Cedar fence along western and southwestern property lines prior to final inspection of Building Permit • Prior to operations, owners shall comply with any and all regulations stipulated by the Alaska Marijuana Control Board. • Prior to installation of any new signs, a sign permit shall be submitted and approved. • Annual reports to City. Additionally, he noted the following revised recommended conditions, • Plant trees on southern portion of lot. • Rebuild the 8 -foot cedar fence as a "good neighbor" fence in which both sides were aesthetically pleasing. MOTION: Commissioner Fikes MOVED to approve Resolution No. PZ16 -06 and Commissioner Focose SECONDED the motion. Planning and Zoning Commission Meeting March 23, 2016 Page 4 Chairman Twait opened the public hearing Christine Cook spoke against the Conditional Use Permit noting her home was adjacent to the property and had lived there when the property was a quick stop and liquor store where she dealt with trash, onsite liquor consumption, trespassers, theft of personal property, and attempted theft of the store. She also noted that she provided daycare to her grandchildren in the home and had obtained a business license in the event she wanted to increase the daycare business. She suggested there would be an increase in traffic and trespassers if the property was allowed to be used as a marijuana cultivation and retail facility, and finally, she pointed out that the code prohibits Commercial Marijuana Establishments as Home Occupations in order to preserve the character, health, and safety of neighborhoods, and that the proposed establishment was thirteen feet away from her home and residential zone. John and Mary White spoke against the Conditional Use Permit, noting they had thirteen grandchildren and did not want them viewing a marijuana retail store in the neighborhood. Also suggested the business was not appropriate in a largely residential area and that property values would be affected. They also noted the problems getting vehicles turned around that miss the Eagle Rock boat launch and feared the marijuana establishment would compound the problem. Phillip Smith spoke against the Conditional Use Permit noting the separation between zones being just a fence. He also noted that as his time as a police officer in Knoxville, he saw property devalued by drugs and pulled drivers over for smoking marijuana because the odor could be smelled when they passed by; suggested that the odor from growing marijuana would be worse. He also pointed out that the establishment's proximity to the bike path was dangerous. Eric Derleth, partner in the ownership group, explained they had developed a website encouraging comments and feedback, to include complaints from neighbors, which had been online for several months and pointed out that the business license for the daycare had been purchased on February 26, 2016. Nancy Meiers spoke against the Conditional Use Permit; stated she did not want a marijuana store in her neighborhood as it would devalue homes and increase traffic and crime. Mike Burcholz spoke against the Conditional Use Permit, pointed out marijuana has side effects just as alcohol and other drugs do. He suggested negative impacts would stem from the establishment to the area around it and negatively affect property values. Roger Boyd, partner in the ownership group, spoke in favor of the Conditional Use Permit, stating that they wanted to work with their closest neighbors to ensure minimal impact and an improvement over the former liquor store. He noted he could understand the objection to legal cannabis due to the paradigm change. He pointed out that the industry would be one of the most closely watched industries in the state, is highly regulated and recorded with security cameras. Finally, he stated the group is committed to engaging in the business in the most responsible way possible and thanked the Planning and Zoning Commission and the Administration for taking it on the task of creating regulations to allow it in the community. Megan Green spoke against the Conditional Use Permit, noting drugs should be kept away from children and that profits from drugs were not more important than children. She stated she had two small children and lived in a multi - generational home adjacent to the proposed establishment. She suggested the industry would damage the public's safety and welfare, would increase crime Planning and Zoning Commission Meeting March 23, 2016 Page 5 in neighborhoods, and decrease property values. She further stated that one of her children was home - schooled in the home and felt her child should be afforded the same protection as those that went to a public school. Finally, she read a portion of code from the City of Boulder, Colorado and pointed out that marijuana was still considered a federal drug. Britton Cook spoke against the Conditional Use Permit, noted he owned a property adjacent to the proposed establishment and would have sold it if he had known a marijuana establishment was being considered. He stated he was concerned about his grandchildren after the trespassing and other crime from the previous liquor store. He also stated that there was still not an effective way to prove a driver was impaired by cannabis. Mark Tyler spoke in favor of the Conditional Use Permit noting he was heavily involved in the legislative process for legalization and that it is a scary project for an entrepreneur. He stated he believed the marijuana industry would give adults a better choice than using prescriptions, alcohol and other drugs and pointed out that adults purchased liquor with kids present and the industry would protect children by minimizing the black market. He further stated the owners and managers of the proposed marijuana establishment intended to have continued open dialogue with property owners, and community stake - holders by providing for patrolling parks, logging complaints, trash clean -up, and data tracking to provide data. He added that the business model would never allow for onsite consumption, called for redundant employee training protocol, and would combat loitering. Finally, he stated the group's intent was to see their business model as a sound model for a high -end establishment employing eight to ten people, serving thirty to fifty customers per day with zero tolerance for inappropriate behavior. Ron Isaacs spoke in favor of the Conditional Use Permit, noting that he had worked in construction for many years and those co- workers that smoked marijuana got in less trouble than those that drank alcohol. He also stated that legislation had been introduced to change the classification of marijuana from a Schedule I drug. Elizabeth Brennan spoke against the Conditional Use Permit noting she wasn't against marijuana establishments, but was against them being adjacent to neighborhoods. She suggested there would be negative aspects to the store being in a neighborhood such as people going into the woods within the neighborhood to use the marijuana. She stated she recognized marijuana could be helpful for some that used it for medicinal purposes and pointed out that it was still a mind altering drug and people made poor choices to get it. Finally, she stated she didn't want her neighborhood to be a trial location and that it was a technicality that that the proposed property wasn't a residence as there were homes all around it. Barbara Patrick spoke against the Conditional Use Permit and echoed Ms. Brennan's comments. She stated she cared less about marijuana and more about the single - family residences that surrounded the proposed establishment. There being no one else wishing to be heard, the public hearing was closed. City Attorney S. Bloom explained that the adjacent daycare did not trigger a separation distance requirement and that he would review separation distance regulations in regards to the adjacent home being used as a homeschool. He also pointed out that city gets two opportunities to comment on marijuana establishments, first in considering the Conditional Use Permits and second when the Marijuana Control Board notified the City and requested comments. Planning and Zoning Commission Meeting March 23, 2016 Page 6 City Planner M. Kelley provided definitions from code for different types of schools. MOTION: Commissioner Fikes MOVED to postpone PZ16 -06 to the April 13, 2016 meeting to allow for more public testimony, allowing for any and all to testify, and further deliberation; Commissioner Focose SECONDED the motion. There were no objections; SO ORDERED. 7. UNFINISHED BUSINESS: None. 8. NEW BUSINESS: None. 9. PENDING ITEMS: None. 10. REPORTS: a. City Council — Council Member Knackstedt noted that due to the late meeting, he was available to answer questions regarding City Council actions; there were no questions asked of him. b. Borough Planning — Commissioner Glendening noted the following from the March 14 Borough Planning Commission and Platting Committee meetings: • Four plats were approved • One time extension request was granted • A Conditional Use Permit for a gravel pit was approved • A resolution was adopted for the donation of land near Anchor Point • Continued work on an ordinance revising local option zoning. c. Administration — Kelley provided a reminder for the Town Hall meeting on March 26 regarding the kickoff for the Comprehensive Plan revision. 11. PERSONS PRESENT NOT SCHEDULED: None. 12. INFORMATIONAL ITEMS: None. 13. NEXT MEETING ATTENDANCE NOTIFICATION: April 13, 2016 14. COMMISSION COMMENTS & QUESTIONS: Commissioner Glendening thanked Chariman Twait for his patience in giving everyone a chance to talk and ask questions; also suggested a site visit. Administration was thanked for putting together the marijuana package. 15. ADJOURNMENT: There being no further business before the Commission, the meeting was adjourned at 10:38 p.m. Planning and Zoning Commission Meeting March 23, 2016 Page 7 Minutes prepare and submitted by: J m e Heinz, CMC Zuuty Clerk Planning and Zoning Commission Meeting March 23, 2016 Page 8