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HomeMy WebLinkAbout2016-03-23 Planning & Zoning Packet AGENDA KENAI PLANNING & ZONING COMMISSION – REGULAR MEETING MARCH 23, 2016 - 7:00 P.M. KENAI CITY COUNCIL CHAMBERS 210 FIDALGO AVENUE, KENAI, ALASKA http://www.kenai.city Work Session from 6:00 p.m. to 7:00 p.m. to review and discuss a 5-year update to the City of Kenai ANNEX to the Kenai Peninsula Borough All Hazard Mitigation Plan. The Work Session may reconvene after the regular scheduled meeting at the discretion of the Planning & Zoning Commission. 1. CALL TO ORDER: a. Pledge of Allegiance b. Roll Call c. Agenda Approval d. Consent Agenda e. *Excused Absences – Commission Pettey *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. *March 9, 2016 3. SCHEDULED PUBLIC COMMENT: None 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. ........................................................................ 1 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 ................................................................................................................... 16 7. UNFINISHED BUSINESS: None 8. NEW BUSINESS: None 9. PENDING ITEMS: None 10. REPORTS: a. City Council ....................................................................................................... 92 b. Borough Planning ............................................................................................ 96 c. Administration 11. PERSONS PRESENT NOT SCHEDULED: (3 Minutes) 12. INFORMATIONAL ITEMS: a. Notice of Town Hall Meeting – March 26, 2016 .............................................. 102 13. NEXT MEETING ATTENDANCE NOTIFICATION: April 13, 2016 14. COMMISSION COMMENTS & QUESTIONS: 15. ADJOURNMENT: STAFF REPORT To: Planning & Zoning Commission Date: March 23, 2016 Res: PZ16-09 GENERAL INFORMATION Applicant: Kevin & Jessica Stearns 108 S. Tinker Lane, No. 4 Kenai, AK 99611 Requested Action: A Variance Permit for the construction of a four unit multi-family dwelling on a lot within the Rural Residential Zone, which is approximately 18,295 square feet in size where 20,000 square feet is required. Legal Description: Lot 4, Block 2, Thompson Park Subd., Addn. No. 1 Street Address: 240 Fern St. KPB Parcel No.: 04913046 Existing Zoning: Rural Residential Current Land Use: Vacant Land Use Plan: Rural Residential ANALYSIS Applicant recently purchased subject property and wishes to construct a four unit multi-family dwelling on the property. The property is located in the Rural Residential Zone. Kenai Municipal Code 14.24.010 Development Requirements Table provides that the minimum lot area required in the Rural Residential Zone is 20,000 square feet; applicant’s lot is approximately 18,295 square feet. Thompson Park Subdivision Addition No. 1 was developed in 1965, prior to the enactment of zoning code; therefore, twelve of the thirty-five lots in this subdivision are classified as legal non-conforming because the lots do not meet the minimum lot area required in the Rural Residential Zone. Kenai Municipal Code 14.20.050 (a)(1)(c) provides that a single family dwelling may be constructed on a non-conforming lot. The construction of a multi-family dwelling requires a Variance Permit. General Information: KMC 14.20.180 details the intent and application process for Variance Permits. The Code also outlines the review criteria that should be used by the Planning 1 and Zoning Commission to determine if a variance should be granted. The Commission shall establish a finding that all of the following conditions exist as a prerequisite to issuance of a variance permit: 1. Special conditions or circumstances are present which are peculiar to the land or structures involved which are not applicable to other lands or structures in the same zoning district. The area referred to as Thompson Park was initially developed by J.W. Thompson in the early 1960’s prior to zoning regulations being enacted. That portion of Thompson Park described as Thompson Park Addition No. 1 consists of 35 lots with twelve of those lots being classified as legal non-conforming lots because they fail to meet the lot area requirement of 20,000 square feet in the Rural Residential Zone. Thompson Park is a well-established neighborhood with a mixture of older homes, newly constructed homes, and multi-family dwellings. 2. The special conditions or circumstances have not been caused by actions of the applicant and such conditions and circumstances do not merely constitute a pecuniary hardship or inconvenience. The lots within Thompson Park Addition No. 1 were developed in 1965 prior to the current zoning requirements; therefore, twelve of the thirty-five lots within this subdivision are considered legal non- conforming lots. All of the lots fronting on Fern Street with the exception of the two lots at the end of Fern Street (across from Lupine Drive) are non-conforming lots. 3. The granting of the variance shall not authorize a use that is not a permitted principal use in the zoning district in which the property is located. A four-family dwelling is a permitted use in the Rural Residential Zone. There are other multi-family dwellings in the neighborhood. 4. The granting of a variance shall be the minimum variance that will provide for the reasonable use of the land and/or structure. The minimum lot area for development in the Rural Residential Zone is 20,000 square feet. The applicant’s lot is 18,295 square feet, which is 1,705 less that the minimum lot area requirement. 5. The granting of a variance shall not be based upon other non- conforming land uses or structures within the same land use or zoning district. 2 The applicant understands that the decision of the Commission shall not be based on other non-conforming lots in the Rural Residential Zone. The applicant has provided a site plan that shows the structure will fit on the lot and meet the necessary building setbacks. The site plan further discloses that that the gross living area for the structure is 3,360 square feet and the square footage of the garage area is 1,232 for a total square footage of 4,562 square feet for the building. The square footage of the building is under the maximum lot coverage of 5,489 square feet. The site plan also reflects that applicant meets the parking requirements for a four unit multi-family dwelling. RECOMMENDATIONS Administration recommends the granting of this variance because it would be consistent with the intent of KMC 14.20.180(a) which states “to provide relief when the literal enforcement would deprive a property owner of the reasonable use of his real property”. The issuance of the variance shall be conditioned upon the following: a. Applicant must comply with all Federal, State, and local regulations. b. Prior to obtaining a building permit, applicant must submit a Landscape Site plan for review and approval by Planning Administration. c. Applicant must obtain a building permit prior to beginning construction of the multi-family dwelling. ATTACHMENTS: 1. Resolution No. PZ16-09 2. Application 3. Floor Plan, Elevations and Site Plan 4. Map 3 CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ16-09 VARIANCE PERMIT A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI GRANTING A VARIANCE FOR THE CONSTRUCTION OF A FOUR UNIT FAMILY DWELLING ON A LOT WITHIN THE RURAL RESIDENTIAL ZONE, WHICH IS APPROXIMATELY 18,295 SQUARE FEET IN SIZE WHERE 20,000 SQUARE FEET IS REQUIRED AS A MINIMUM LOT AREA. THIS VARIANCE IS AUTHORIZED BY 14.20.180 OF THE KENAI MUNICIPAL ZONING CODE: APPLICANT’S NAME AND ADDRESS: KEVIN AND JESSICA STEARNS, 108 S. TINKER LANE, NO. 4, KENAI, ALASKA 99611 PROPERTY LOCATION: 240 FERN STREET, KENAI, ALASKA, 99611, LOT 4, BLOCK 2, THOMPSON PARK SUBDIVISION, ADDITION NO. 1 WHEREAS, The Commission finds that Section 14.20.180 provides that a variance from the strict provisions of the zoning code may be granted by the Commission if all conditions specified in 14.20.180 are met; and WHEREAS, the City of Kenai Planning and Zoning Commission finds: 1. That an application meeting the requirements of Section 14.20.180 (b) has been submitted and received on February 24, 2016; 2. This request is located on land zoned as Light Industrial 3. Borough Parcel No: 04913046 4. That the applicant seeks a variance for the construction of a four unit family dwelling on a lot within the Rural Residential Zone, which is approximately 18,295 square feet in size where 20,000 square feet is required as a minimum lot area. 5. The Planning & Zoning Commission has found that the conditions which are a prerequisite to issuance of a variance have been met, as follows: a. Special conditions or circumstances are present which are peculiar to the 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907-283-7535 / Fax: 907-283-3014 www.kenai.city 4 land or structures involved which are not applicable to other lands or structures in the same zoning district. The area referred to as Thompson Park was initially developed by J.W. Thompson in the early 1960’s prior to zoning regulations being enacted. That portion of Thompson Park described as Thompson Park Addition No. 1 consists of 35 lots with twelve of those lots being classified as legal non- conforming lots because they fail to meet the lot area requirement of 20,000 square feet in the Rural Residential Zone. Thompson Park is a well-established neighborhood with a mixture of older homes, newly constructed homes, and multi-family dwellings. b. The special conditions or circumstances have not been caused by actions of the applicant and such conditions and circumstances do not merely constitute a pecuniary hardship or inconvenience. The lots within Thompson Park Addition No. 1 were developed in 1965 prior to the current zoning requirements; therefore, twelve of the thirty-five lots within this subdivision are considered legal non-conforming lots. All of the lots fronting on Fern Street with the exception of the two lots at the end of Fern Street (across from Lupine Drive) are non-conforming lots. c. The granting of the variance shall not authorize a use that is not a permitted principal use in the zoning district in which the property is located. A four-family dwelling is a permitted use in the Rural Residential Zone. There are other multi-family dwellings in the neighborhood. d. The granting of a variance shall be the minimum variance that will provide for the reasonable use of the land and/or structure. The minimum lot area for development in the Rural Residential Zone is 20,000 square feet. The applicant’s lot is 18,295 square feet, which is 1,705 less that the minimum lot area requirement. e. The granting of a variance shall not be based upon other non-conforming land uses or structures within the same land use or zoning district. The applicant understands that the decision of the Commission shall not be based on other non-conforming lots in the Rural Residential Zone. The applicant has provided a site plan that shows the structure will fit on the lot and meet the necessary building setbacks. The site plan further discloses that that the gross living area for the structure is 3,360 square feet and the square footage of the garage area is 1,232 for a total square 5 footage of 4,562 square feet for the building. The square footage of the building is under the maximum lot coverage of 5,489 square feet. The site plan also reflects that applicant meets the parking requirements for a four unit multi-family dwelling. 6. That a duly advertised public hearing as required by KMC 14.20.153 was conducted by the Commission on March 23, 2016. 7. Applicant must comply with all Federal, State, and local regulations. 8. Prior to obtaining a building permit, applicant must submit a Landscape Site plan for review and approval by Planning Administration. 9. Applicant must obtain a building permit prior to beginning construction of the multi- family dwelling. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, ON THIS 23rd DAY OF MARCH, 2016. CHAIRPERSON: ATTEST: Jeff Twait, Chairperson Sandra Modigh, City Clerk 6 7 8 9 10 11 12 13 14 THIS PAGE INTENTIONALLY LEFT BLANK 15                   STAFF REPORT        To:    Planning & Zoning Commission         Date: March 23, 2016 Res: PZ16‐06        GENERAL INFORMATION Applicant: Roger Boyd 37095 Kalifornsky Beach Road Kenai, AK 99611 Requested Action: 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. Legal Description: Lot 6A1, Thompson Park 2013 Replat Street Address: 5455 Kenai Spur Highway KPB Parcel No.: 04907032 Existing Zoning: LC – Limited Commercial Current Land Use: Vacant Land Use Plan: Neighborhood Commercial ANALYSIS General Information: This is an application for the operation a Commercial Marijuana Establishment (CME) consisting of an approximately 400-square-foot Retail Marijuana Store and an approximately 800-square-foot Marijuana Cultivation Facility, Standard. The proposed CME would be located within an existing approximately 2,256-square-foot commercial building, located on an approximately 40,096-square-foot lot. The subject parcel is accessed via the Kenai Spur Highway and Lupine Drive; both roads are maintained. The subject parcel is served by City of Kenai water and sewer. History The subject parcel is Lot 6A1 created by the Thompson Park 2013 Replat which combined three lots (8A, 7A and 6A, Thompson Park One Stop Replat) into one lot. The plat reconfigured these three lots to accommodate the existing convenience/liquor store building and moved the property lines to the exterior walls of the building. This was done due to one property line going through the interior of the existing building and former gas station canopy. 16 PZ16‐06 Staff Report  Page 2  The subject building was built in 1986 and operated as a convenience/liquor store and gas station until closing in 2008. In May, 1986 a Landscape Review was approved by the Landscape Review Board and upheld by the City Council for the construction and operation of the convenience/liquor store. At that time, it was determined that natural vegetation would remain on the subject property to serve as screening. In addition, it was required that an 8-foot tall cedar fence be constructed along the rear property line of former Lot 8A and 7A to act as a barrier between the subject parcel and the residence to the east. On March 7, 2013, PZ13-11, a Conditional Use Permit was approved by the Planning and Zoning Commission to allow for the operation of an Internet/Retail Business to sell seafood products. In October of 2014, the business was closed and since that time the building has remained vacant. Prior to Lots 8A, 7A, and 6A being vacated via the Thompson Park One Stop Replat in 2000, the subject parcel remained as three separate parcels. In 2003 it was noted by an adjacent property owner that Lot 6A had been partially cleared of existing vegetation and trees by new property owners. On July 28, 2004, PZ04-24 a Landscape Site Plan was approved by the Planning and Zoning Administration to allow for the construction of a Coffee Kiosk on Lot 6A. Pursuant to KMC 14.25.020, a Landscape Site Plan was required because it was determined that the Coffee Kiosk was defined as new commercial development. The conditions of approval required the owners to obtain a building permit for a Coffee Kiosk and also to plant grasses on the bare areas of the lot and maintain the existing trees located on the lot. The Coffee Kiosk has been removed from the subject parcel, however, the record remains unclear as to when that occurred. KMC 14.20.150(d) details the intent and application process for conditional uses. The code also specifies the review criteria that must be satisfied prior to issue the permit. The criteria are: (1) The use is consistent with the purpose of this chapter and the purposes and intent of the zoning district; The subject parcel is zoned Limited Commercial (LC), and is therefore subject to the Principal Permitted and Conditional land-uses as shown on KMC 14.22.010 - Land Use Table. Pursuant to Ordinance 2870-2016 as approved by the Council of the City of Kenai on January 20, 2016 which became effective on February 19, 2016, a Retail Marijuana Store and a Marijuana Cultivation Facility, Standard may be established and operated under a Conditional Use Permit within the Limited Commercial Zone. The Limited Commercial Zone as outlined in KMC 14.20.115 is intended to provide transition areas between commercial and residential districts by allowing low to medium volume businesses, mixed residential and other compatible uses which complement and do not materially detract from the uses allowed with adjacent districts. In 2006, the subject parcel was rezoned from General Commercial to Limited Commercial, which caused some businesses within the surrounding area to becoming nonconforming. KMC 14.20.050(b) permits nonconformities to continue operating until such time as they are removed or cease operation. Due to the subject parcel being rezoned, the convenience/liquor store and gas station became legal nonconforming because an Automotive Service Station could only be established with a Conditional Use Permit under the Limited Commercial Zone. 17 PZ16‐06 Staff Report  Page 3  Thus, its use was allowed to continue until it was closed in 2008 and remained closed for twelve (12) consecutive months pursuant to KMC 14.20.050(e)(5), it could not be reestablished except by a Conditional Use Permit. As discussed above, on March 7, 2013 a Conditional Use Permit was approved by the Planning and Zoning Commission which allowed for the operation of an Internet/Retail Business to sell seafood products. Given the intent of the Limited Commercial Zone which allows a mixture of low to medium volume businesses mixed with residential and other compatible uses a retail business would be appropriate within the zone. As discussed above, the applicant has applied for a Conditional Use Permit to establish and operate a Retail Marijuana Store and Marijuana Cultivation Facility, Standard within an existing approximately 2,256- square-foot commercial building located on the subject parcel. Pursuant to the submitted floor plan, the Retail Marijuana Store would occupy approximately 400- square-foot and the Marijuana Cultivation Facility would occupy approximately 860 square feet. The remaining, approximately 996 square feet would be used for an office, work room, bathroom, storage room and mechanical room. The Kenai Spur Highway is classified by the State of Alaska Department of Transportation and Public Facilities as a Major Collector. A collector is defined as “A road classification applicable to roads serving a mixture of local access and through traffic, for which the volume, average speed, and trip length of vehicles using the road are usually lower than for principal or minor arterials, but higher than for local roads.” Furthermore, KMC 14.20.320 defines a Collector as “…a street located and designed for the primary purpose of carrying through traffic and of connecting major areas of the City”. Pursuant to the submitted site plan, primary access to the subject Commercial Marijuana Establishment (CME) would be from the Kenai Spur Highway, and not through the surrounding residential neighborhood. Therefore, impacts to the surrounding residential neighborhood should be minimal, with regards to vehicular access. Therefore, given the above discussion within the context of the proposed land-use project, it seems reasonable the proposed Commercial Marijuana Establishment would be consistent with the purpose of KMC 14.20.150 and the intent of the Limited Commercial Zoning District given the compliance with staff recommended specific conditions of approval. (2) The value of the adjoining property and neighborhood will not be significantly impaired; The proposed development must be in compliance with the requirements of KMC 14.20.330 – Standards for Commercial Marijuana Establishments. In addition, the proposed development must also be in compliance with Alaska Statue 17.38, an Act to Tax and Regulate the Production, Sale, and Use of marijuana as well as Alaska Administrative Code – Title 3 – Marijuana Control Board – Omnibus licensure requirements and procedures for marijuana establishments. Pursuant to KMC 14.20.010 – Land Use Table, a Retail Marijuana Store and a Marijuana Cultivation Facility, Standard may be established in the Limited Commercial Zone with a Conditional Use Permit. In addition, pursuant to KMC 14.20.330 – Standards for Commercial Marijuana Establishments, provisions have been put in place to help mitigate impacts to the value of adjoining property and the surrounding neighborhood. 18 PZ16‐06 Staff Report  Page 4  Pursuant to the submitted application materials and a site visit by staff, the proposed CME would comply with the requirements contained within KMC 14.20.330. As reviewed by staff, the proposed CME would be contained within a fully enclosed secure indoor facility as required by KMC 14.20.330(d), thereby, helping to mitigate the potential impact to surrounding property owners. In addition, pursuant to KMC 14.20.330(e) all CME’s shall not emit an odor that is detectable by the public from outside the CME. Pursuant to the submitted supplemental application materials, under Section 2 the applicant has indicated that they will implement an Odor Control Plan. The Odor Control Plan will consist of carbon filters and a negative-ion generator. In addition, should odor if needed to further control odor, the applicant would install an ozone generator within the attic spaces of the CME. With regards to visual impacts and auditory impacts of the proposed CME, KMC Chapter 14.25 details the requirements of the submission and approval of a Landscape Site Plan. KMC 14.25.020 gives the requirements and in part states that a Landscape Site Plan is required for all commercial development which requires a change of use under KMC 14.20.250(a). The proposed project requires a change of use under KMC 14.20.250(a) – Off-street parking and loading requirements requires the submission of a Landscape Site Plan because the proposed use of the building is a change of use. A Landscape Site Plan will be required to be approved by the Planning Department prior to issuance of the Building Permit. The Landscape Site Plan will need to demonstrate compliance with the off-street parking requirements in KMC 14.20.250(8) for a “Store: Retail and wholesale sales of non-bulky items”, which requires One (1) space per 300 square feet of gross floor area and a “Nurseries and greenhouses” which requires One (1) space per 500 square feet of gross floor area. Therefore, 2-spaces will be required for the Retail Marijuana Store and 4 spaces will be required for the Marijuana Cultivation Facility, Standard for a total of 6 off-street parking spaces. In addition, to reduce the visual impact of the proposed CME, it is recommended that 10 new 6-inch diameter by a minimum of 6- foot tall native spruce trees be planted in the southern section of the subject lot to aid in natural screening. In addition, to further minimize visual impacts of the proposed CME from the adjacent single-family residences located to the west and south, staff recommends that the existing 8-foot cedar fence which was built as part of the Landscape Site Plan requirements in 1986 for the convenience/liquor be replaced. Staff further recommends that the fence be extended to run the full length of the western property line and be constructed as a “good neighbor” fence. Pursuant to Alaska Statue 17.38, an Act to Tax and Regulate the Production, Sale, and Use of marijuana as well as Alaska Administrative Code – Title 3 – Marijuana Control Board – Omnibus licensure requirements and procedures for marijuana establishments an appropriate license for a Marijuana Establishment will have to be issued by the State of Alaska Marijuana Control Board. Staff therefore recommends that a condition be added to require that prior to operation of the CME a copy of the approved appropriate license be furnished to the City of Kenai. Therefore, provided that all conditions recommended by staff and the Planning and Zoning Commission are followed, staff believes that the value of the adjoining property and neighborhood will not be significantly impaired. 19 PZ16‐06 Staff Report  Page 5  (3) The proposed use is in harmony with the Comprehensive Plan; The subject parcel is defined in the 2003 Comprehensive Plan as Neighborhood Commercial. The plan defines Neighborhood Commercial as “The Neighborhood Commercial district applies to areas along the arterial road system that are suitable for small-scale neighborhood-serving retail, service, and office uses.” The Limited Commercial Zone closely resembles the Mixed Use Zone in the 2003 Comprehensive Plan. The Mixed Use District fosters a compatible mix of retail, service, office, public, institutional recreational and multi-family residential uses. The district does not prescribe specific proportions for these uses, only that all these uses are desirable within the district. The existing commercial building, which was built in 1986 has traditionally served in a small-scale neighborhood-serving retail capacity. The proposed use of the existing building as a CME would be a similar type use in that it is a small-scale neighborhood-serving retail use. The applicant has proposed to remodel the exterior of the building to create a more modern looking structure that would be clad in wood with earth-tone colors. As proposed, the proposed use would be in harmony with the 2003 Comprehensive Plan and mixed use nature of the larger surrounding neighborhood and is consistent with existing development along the Kenai Spur Highway. (4) Public services and facilities are adequate to serve the propose use; The subject property is served by City water and sewer. City of Kenai police and fire department resources are sufficient to serve the proposed use. (5) The proposed use will not be harmful to the public safety, health, or welfare; The proposed use is to establish and operate a Commercial Marijuana Establishment consisting of an approximately 400-square-foot Retail Marijuana Store and an approximately 800-square-foot Marijuana Cultivation Facility, Standard. The proposed CME would be located within an existing approximately 2,256-square-foot commercial building, located on an approximately 40,096-square-foot lot. Pursuant to the submitted application, the CME would not emit an odor that is detectable by the public from outside the CME pursuant to KMC 14.20.330(d). The CME would also require the approval and issuance of a Standard Marijuana Cultivation Facility license and a Retail Marijuana Store license from the State of Alaska Marijuana Control Board. Both licenses are subject to the provisions found in Alaska Statue 17.38, an Act to Tax and Regulate the Production, Sale, and Use of marijuana as well as Alaska Administrative Code – Title 3 – Marijuana Control Board – Omnibus licensure requirements and procedures for marijuana establishments. With regards to buffer distances as discussed in KMC 14.20.330(f)(1), the proposed CME would not be located within 1,000 feet of any primary and secondary school (K- 12) or within 500 feet of any vocational program, post-secondary school including but not limited to trade, technical, or vocational schools, college and universities, recreation or youth centers, correctional facilities, churches, and state licensed substance abuse treatment facilities providing substance abuse treatment. Therefore, the proposed CME meets the buffer requirements of KMC 14.20.330(f)(1). With regards to consumption of Marijuana and Marijuana Products within the proposed Retail Marijuana, the applicant has indicated that they will not allow it to take place. Thus, the operation of the proposed Retail Marijuana Store would comply with Ordinance No. 2868-2015, which was approved by the Council of the 20 PZ16‐06 Staff Report  Page 6  City of Kenai on January 6, 2016 and became effective February 5, 2016. Pursuant to the subject Ordinance and Alaska Administrative Code - Title 3 – Marijuana Control Board - Omnibus licensure requirements and procedures for marijuana establishments, the consumption of Marijuana and Marijuana Products, would be allowed within a designated area of a Retail Marijuana Store. However, the Alaska State regulations do not provide any standards for which the Marijuana Control Board would approve or disapprove a Retail Marijuana Store to permit consumption of marijuana or marijuana products. Thus, it was in the best interest of the City of Kenai pursuant to the above Ordinance to establish a moratorium prohibiting the consumption of marijuana and marijuana products in Retail Marijuana Stores until further guidance is provided by the Marijuana Control Board or State Legislature ensures minimum health and safety standards are met to protect consumers, the public, first responders, and employees of such establishments. Therefore, pursuant to the above Ordinance a Moratorium is in effect for one year from the effective date of the Ordinance, unless terminated sooner or extended by Ordinance of the City Council. Therefore, giving the above discussion and proposed conditions of approval, staff believes that they proposed Commercial Marijuana Establishment, consisting of an approximately 400-square-foot Retail Marijuana Store and an approximately 800- square-foot Marijuana Cultivation Facility, Standard would not have a harmful impact to the public safety, health or welfare. (6) Any and all specific conditions deemed necessary by the commission to fulfill the above-mentioned conditions should be met by the applicant. These may include, but are not limited to measures relative to access, screening, site development, building design, operation of the use and other similar aspects related to the proposed use. 1. Further development of the property shall conform to all Federal, State, and local regulations. 2. Prior to issuance of the Building Permit, the property owner shall submit a Landscape Site Plan for review and approval by Planning Administration. The Landscape Site Plan shall demonstrate compliance with Kenai Municipal Code Chapter 14.25 – Landscaping/Site Plan Regulations. The Landscape Site Plan shall also include a provision for the planting of ten (10) 6-inch diameter native spruce trees in the southern portion of the subject parcel to aid in visual screening. 3. Prior to final inspection of the Building Permit for the remodeling of the existing commercial building, the property owner shall construct an 8-foot tall “Good Neighbor” cedar fence along the entire length of the western and southwestern property lines. A Building Permit is also required for the construction of the cedar fence. The cedar fence shall be maintained in perpetuity by the property owner. 4. Prior to operation of the Retail Marijuana Store and/or the Marijuana Cultivation Facility, Standard, the property owner shall submit a copy of the approved and fully executed license for the Retail Marijuana Store and the Marijuana Cultivation Facility, Standard. The property owner shall comply with any and all regulations as stipulated by the State of Alaska Marijuana Control Board. 21 PZ16‐06 Staff Report  Page 7  5. A Sign Permit will be required for the construction of the proposed marquee sign which is shown on the submitted floor plan and building elevations. Prior to installation of any new signs, a Sign Permit shall be submitted to the City of Kenai Planning Department for review and approval. 6. Pursuant to Kenai Municipal Code Section 14.20.150(f) the property owner shall submit an Annual Report to the City of Kenai. 22 PZ16‐06 Staff Report  Page 8  RECOMMENDATIONS Based on the application and a review of the criteria required to approve the permit, it appears the application meets the intent of the Limited Commercial Zone and complies with the Comprehensive Plan. Staff therefore recommends approval with the following conditions: The issuance of the Rezoning permit shall be conditioned upon the following: 1. Further development of the property shall conform to all Federal, State, and local regulations. 2. Prior to issuance of the Building Permit, the property owner shall submit a Landscape Site Plan for review and approval by Planning Administration. The Landscape Site Plan shall demonstrate compliance with Kenai Municipal Code Chapter 14.25 – Landscaping/Site Plan Regulations. The Landscape Site Plan shall also include a provision for the planting of ten (10) 6-inch diameter native spruce trees in the southern portion of the subject parcel to aid in visual screening. 3. Prior to final inspection of the Building Permit for the remodeling of the existing commercial building, the property owner shall construct an 8-foot tall “Good Neighbor” cedar fence along the entire length of the western and southwestern property lines. A Building Permit is also required for the construction of the cedar fence. The cedar fence shall be maintained in perpetuity by the property owner. 4. Prior to operation of the Retail Marijuana Store and/or the Marijuana Cultivation Facility, Standard, the property owner shall submit a copy of the approved and fully executed license for the Retail Marijuana Store and the Marijuana Cultivation Facility, Standard. The property owner shall comply with any and all regulations as stipulated by the State of Alaska Marijuana Control Board. 5. A Sign Permit will be required for the construction of the proposed marquee sign which is shown on the submitted floor plan and building elevations. Prior to installation of any new signs, a Sign Permit shall be submitted to the City of Kenai Planning Department for review and approval. 6. Pursuant to Kenai Municipal Code Section 14.20.150(f) the property owner shall submit an Annual Report to the City of Kenai. ATTACHMENTS: 1. Resolution No. PZ16-06 2. Ordinance No. 2870-2016 3. Ordinance No. 2868-2015 4. Application 5. Supplemental Application Information 6. Site Plan 7. Map 8. Public Notice, Application for Marijuana Establishment License 23 CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ16-06 CONDITIONAL USE PERMIT A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI GRANTING A REQUEST 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-SQUARE-FOOT COMMERCIAL BUILDING. APPLICANT: Roger Boyd PROPERTY ADDRESS: 5455 Kenai Spur Highway, Kenai, AK 99611 LEGAL DESCRIPTION: Lot 6A1, Thompson Park 2013 Replat KENAI PENINSULA BOROUGH PARCEL NO: 04907032 WHEREAS, an application meeting the requirements of Section 14.20.150 has been submitted and received on February 4, 2016; and, WHEREAS, the application affects land which is zoned as Limited Commercial (LC); and, WHEREAS, a duly advertised public hearing as required by Kenai Municipal Code 14.20.153 was conducted by the Planning and Zoning Commission on March 23, 2016; and, WHEREAS, the applicant has demonstrated with plans and other documents that the prerequisites of a Conditional Use Permit have been met. Kenai Municipal Code 14.20.150 details the intent and application process for conditional uses. The code also specifies the review criteria that must be satisfied prior to issuing the permit. The criteria are: A. The use is consistent with the purpose of this chapter and the purposes and intent of the zoning district. The subject parcel is zoned Limited Commercial (LC), and is therefore subject to the Principal Permitted and Conditional land-uses as shown on KMC 14.22.010 - Land Use Table. Pursuant to Ordinance 2870-2016 as approved by the Council of the City of Kenai on January 20, 2016 which became effective on February 19, 2016, a Retail Marijuana Store and a Marijuana Cultivation Facility, Standard may be established and operated under a Conditional Use Permit within the Limited Commercial Zone. The Limited Commercial 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907-283-7535 / Fax: 907-283-3014 www.ci.kenai.ak.us 24 Zone as outlined in KMC 14.20.115 is intended to provide transition areas between commercial and residential districts by allowing low to medium volume businesses, mixed residential and other compatible uses which complement and do not materially detract from the uses allowed with adjacent districts. In 2006, the subject parcel was rezoned from General Commercial to Limited Commercial, which caused some businesses within the surrounding area to becoming nonconforming. KMC 14.20.050(b) permits nonconformities to continue operating until such time as they are removed or cease operation. Due to the subject parcel being rezoned, the convenience/liquor store and gas station became legal nonconforming because an Automotive Service Station could only be established with a Conditional Use Permit under the Limited Commercial Zone. Thus, its use was allowed to continue until it was closed in 2008 and remained closed for twelve (12) consecutive months pursuant to KMC 14.20.050(e)(5), it could not be reestablished except by a Conditional Use Permit. As discussed above, on March 7, 2013 a Conditional Use Permit was approved by the Planning and Zoning Commission which allowed for the operation of an Internet/Retail Business to sell seafood products. Given the intent of the Limited Commercial Zone which allows a mixture of low to medium volume businesses mixed with residential and other compatible uses a retail business would be appropriate within the zone. As discussed above, the applicant has applied for a Conditional Use Permit to establish and operate a Retail Marijuana Store and Marijuana Cultivation Facility, Standard within an existing approximately 2,256-square-foot commercial building located on the subject parcel. Pursuant to the submitted floor plan, the Retail Marijuana Store would occupy approximately 400-square-foot and the Marijuana Cultivation Facility would occupy approximately 860 square feet. The remaining, approximately 996 square feet would be used for an office, work room, bathroom, storage room and mechanical room. The Kenai Spur Highway is classified by the State of Alaska Department of Transportation and Public Facilities as a Major Collector. A collector is defined as “A road classification applicable to roads serving a mixture of local access and through traffic, for which the volume, average speed, and trip length of vehicles using the road are usually lower than for principal or minor arterials, but higher than for local roads.” Furthermore, KMC 14.20.320 defines a Collector as “…a street located and designed for the primary purpose of carrying through traffic and of connecting major areas of the City”. Pursuant to the submitted site plan, primary access to the subject Commercial Marijuana Establishment (CME) would be from the Kenai Spur Highway, and not through the surrounding residential neighborhood. Therefore, impacts to the surrounding residential neighborhood should be minimal, with regards to vehicular access. Therefore, given the above discussion within the context of the proposed land-use project, it seems reasonable the proposed Commercial Marijuana Establishment would be consistent with the purpose of KMC 14.20.150 and the intent of the Limited Commercial Zoning District given the compliance with staff recommended specific conditions of approval. B. The value of the adjoining property and neighborhood will not be significantly impaired. 25 The proposed development must be in compliance with the requirements of KMC 14.20.330 – Standards for Commercial Marijuana Establishments. In addition, the proposed development must also be in compliance with Alaska Statue 17.38, an Act to Tax and Regulate the Production, Sale, and Use of marijuana as well as Alaska Administrative Code – Title 3 – Marijuana Control Board – Omnibus licensure requirements and procedures for marijuana establishments. Pursuant to KMC 14.20.010 – Land Use Table, a Retail Marijuana Store and a Marijuana Cultivation Facility, Standard may be established in the Limited Commercial Zone with a Conditional Use Permit. In addition, pursuant to KMC 14.20.330 – Standards for Commercial Marijuana Establishments, provisions have been put in place to help mitigate impacts to the value of adjoining property and the surrounding neighborhood. Pursuant to the submitted application materials and a site visit by staff, the proposed CME would comply with the requirements contained within KMC 14.20.330. As reviewed by staff, the proposed CME would be contained within a fully enclosed secure indoor facility as required by KMC 14.20.330(d), thereby, helping to mitigate the potential impact to surrounding property owners. In addition, pursuant to KMC 14.20.330(e) all CME’s shall not emit an odor that is detectable by the public from outside the CME. Pursuant to the submitted supplemental application materials, under Section 2 the applicant has indicated that they will implement an Odor Control Plan. The Odor Control Plan will consist of carbon filters and a negative-ion generator. In addition, should odor if needed to further control odor, the applicant would install an ozone generator within the attic spaces of the CME. With regards to visual impacts and auditory impacts of the proposed CME, KMC Chapter 14.25 details the requirements of the submission and approval of a Landscape Site Plan. KMC 14.25.020 gives the requirements and in part states that a Landscape Site Plan is required for all commercial development which requires a change of use under KMC 14.20.250(a). The proposed project requires a change of use under KMC 14.20.250(a) – Off-street parking and loading requirements requires the submission of a Landscape Site Plan because the proposed use of the building is a change of use. A Landscape Site Plan will be required to be approved by the Planning Department prior to issuance of the Building Permit. The Landscape Site Plan will need to demonstrate compliance with the off-street parking requirements in KMC 14.20.250(8) for a “Store: Retail and wholesale sales of non- bulky items”, which requires One (1) space per 300 square feet of gross floor area and a “Nurseries and greenhouses” which requires One (1) space per 500 square feet of gross floor area. Therefore, 2-spaces will be required for the Retail Marijuana Store and 4 spaces will be required for the Marijuana Cultivation Facility, Standard for a total of 6 off-street parking spaces. In addition, to reduce the visual impact of the proposed CME, it is recommended that 10 new 6-inch diameter by a minimum of 6-foot tall native spruce trees be planted in the southern section of the subject lot to aid in natural screening. In addition, to further minimize visual impacts of the proposed CME from the adjacent single- family residences located to the west and south, staff recommends that the existing 8-foot cedar fence which was built as part of the Landscape Site Plan requirements in 1986 for the convenience/liquor be replaced. Staff further recommends that the fence be extended to run the full length of the western property line and be constructed as a “good neighbor” fence. Pursuant to Alaska Statue 17.38, an Act to Tax and Regulate the Production, Sale, and Use 26 of marijuana as well as Alaska Administrative Code – Title 3 – Marijuana Control Board – Omnibus licensure requirements and procedures for marijuana establishments an appropriate license for a Marijuana Establishment will have to be issued by the State of Alaska Marijuana Control Board. Staff therefore recommends that a condition be added to require that prior to operation of the CME a copy of the approved appropriate license be furnished to the City of Kenai. Therefore, provided that all conditions recommended by staff and the Planning and Zoning Commission are followed, staff believes that the value of the adjoining property and neighborhood will not be significantly impaired. C. The proposed use is in harmony with the Comprehensive Plan. The subject parcel is defined in the 2003 Comprehensive Plan as Neighborhood Commercial. The plan defines Neighborhood Commercial as “The Neighborhood Commercial district applies to areas along the arterial road system that are suitable for small-scale neighborhood-serving retail, service, and office uses.” The Limited Commercial Zone closely resembles the Mixed Use Zone in the 2003 Comprehensive Plan. The Mixed Use District fosters a compatible mix of retail, service, office, public, institutional recreational and multi-family residential uses. The district does not prescribe specific proportions for these uses, only that all these uses are desirable within the district. The existing commercial building, which was built in 1986 has traditionally served in a small-scale neighborhood- serving retail capacity. The proposed use of the existing building as a CME would be a similar type use in that it is a small-scale neighborhood-serving retail use. The applicant has proposed to remodel the exterior of the building to create a more modern looking structure that would be clad in wood with earth-tone colors. As proposed, the proposed use would be in harmony with the 2003 Comprehensive Plan and mixed use nature of the larger surrounding neighborhood and is consistent with existing development along the Kenai Spur Highway. D. Public services and facilities are adequate to serve the proposed use. The subject property is served by City water and sewer. City of Kenai police and fire department resources are sufficient to serve the proposed use. E. The proposed use will not be harmful to the public safety, health or welfare. The proposed use is to establish and operate a Commercial Marijuana Establishment consisting of an approximately 400-square-foot Retail Marijuana Store and an approximately 800-square-foot Marijuana Cultivation Facility, Standard. The proposed CME would be located within an existing approximately 2,256-square-foot commercial building, located on an approximately 40,096-square-foot lot. Pursuant to the submitted application, the CME would not emit an odor that is detectable by the public from outside the CME pursuant to KMC 14.20.330(d). The CME would also require the approval and issuance of a Standard Marijuana Cultivation Facility license and a Retail Marijuana Store license from the State of Alaska Marijuana Control Board. Both licenses are subject to the provisions found in Alaska Statue 17.38, an Act to Tax and Regulate the Production, Sale, and Use of marijuana as well as Alaska Administrative Code – Title 3 – Marijuana Control Board – Omnibus licensure requirements and procedures for marijuana establishments. 27 With regards to buffer distances as discussed in KMC 14.20.330(f)(1), the proposed CME would not be located within 1,000 feet of any primary and secondary school (K-12) or within 500 feet of any vocational program, post-secondary school including but not limited to trade, technical, or vocational schools, college and universities, recreation or youth centers, correctional facilities, churches, and state licensed substance abuse treatment facilities providing substance abuse treatment. Therefore, the proposed CME meets the buffer requirements of KMC 14.20.330(f)(1). With regards to consumption of Marijuana and Marijuana Products within the proposed Retail Marijuana, the applicant has indicated that they will not allow it to take place. Thus, the operation of the proposed Retail Marijuana Store would comply with Ordinance No. 2868-2015, which was approved by the Council of the City of Kenai on January 6, 2016 and became effective February 5, 2016. Pursuant to the subject Ordinance and Alaska Administrative Code - Title 3 – Marijuana Control Board - Omnibus licensure requirements and procedures for marijuana establishments, the consumption of Marijuana and Marijuana Products, would be allowed within a designated area of a Retail Marijuana Store. However, the Alaska State regulations do not provide any standards for which the Marijuana Control Board would approve or disapprove a Retail Marijuana Store to permit consumption of marijuana or marijuana products. Thus, it was in the best interest of the City of Kenai pursuant to the above Ordinance to establish a moratorium prohibiting the consumption of marijuana and marijuana products in Retail Marijuana Stores until further guidance is provided by the Marijuana Control Board or State Legislature ensures minimum health and safety standards are met to protect consumers, the public, first responders, and employees of such establishments. Therefore, pursuant to the above Ordinance a Moratorium is in effect for one year from the effective date of the Ordinance, unless terminated sooner or extended by Ordinance of the City Council. Therefore, giving the above discussion and proposed conditions of approval, staff believes that they proposed Commercial Marijuana Establishment, consisting of an approximately 400-square-foot Retail Marijuana Store and an approximately 800-square-foot Marijuana Cultivation Facility, Standard would not have a harmful impact to the public safety, health or welfare. WHEREAS, any and all specific conditions deemed necessary by the Planning and Zoning Commission to fulfill the conditions as set forth below shall be met by the applicant. These may include, but are not limited to measures relative to access, screening, site development, building design, operation of the use and other similar aspects related to the proposed use, as follows: 1. Further development of the property shall conform to all Federal, State, and local regulations. 2. Prior to issuance of the Building Permit, the property owner shall submit a Landscape Site Plan for review and approval by Planning Administration. The Landscape Site Plan shall demonstrate compliance with Kenai Municipal Code Chapter 14.25 – Landscaping/Site Plan Regulations. The Landscape Site Plan shall also include a provision for the planting of ten (10) 6-inch diameter native spruce trees in the southern portion of the subject parcel to aid in visual screening. 28 3. Prior to final inspection of the Building Permit for the remodeling of the existing commercial building, the property owner shall construct an 8-foot tall “Good Neighbor” cedar fence along the entire length of the western and southwestern property lines. A Building Permit is also required for the construction of the cedar fence. The cedar fence shall be maintained in perpetuity by the property owner. 4. Prior to operation of the Retail Marijuana Store and/or the Marijuana Cultivation Facility, Standard, the property owner shall submit a copy of the approved and fully executed license for the Retail Marijuana Store and the Marijuana Cultivation Facility, Standard. The property owner shall comply with any and all regulations as stipulated by the State of Alaska Marijuana Control Board. 5. A Sign Permit will be required for the construction of the proposed marquee sign which is shown on the submitted floor plan and building elevations. Prior to installation of any new signs, a Sign Permit shall be submitted to the City of Kenai Planning Department for review and approval. 6. Pursuant to Kenai Municipal Code Section 14.20.150(f) the property owner shall submit an Annual Report to the City of Kenai. NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA THAT THE APPLICANT HAS DEMONSTRATED THAT THE PROPOSED OPERATION OF AN APPROXIMATELY 400- SQUARE-FOOT RETAIL MARIJUANA STORE AND AN APPROXIMATELY 860-SQUARE- FOOT MARIJUANA CULTIVATION FACILITY, STANDARD, WITHIN AN EXISTING APPROXIMATELY 2,256-SQUARE-FOOT COMMERCIAL BUILDING MEETS THE CONDITIONS REQUIRED FOR SAID OPERATION AND THEREFORE THE COMMISSION DOES AUTHORIZE THE ADMINISTRATIVE OFFICIAL TO ISSUE THE APPROPRIATE PERMIT. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, this 23rd day of March, 2016. Jeff Twait, Chairperson ATTEST: Sandra Modigh, City Clerk 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 March 16, 2016  Dear Mr. Kelley and members of the Planning and Zoning Commission,  Thank you for the opportunity to explain my opposition to the proposed operation of a commercial pot  growing and retail store in front of my home. Our property (4092 Lupine Dr.) is immediately adjacent to  5455 Kenai Spur Highway and we have first‐hand experience with the reality of sharing a fence line with  this specific business location, property owner, and some prior tenants.  My husband and I purchased our home from long‐time family friends in 2000. At that time, Mr. Boyd’s  property was occupied by a small convenience store and gas station. Over the next several years, we  learned what it meant to live with an erratic stream of sketchy, uninvited visitors prowling around our  side of the fence, untold amounts of garbage, empty liquor bottles, beer cans, and the occasional theft  of items from our property. After fruitless conversations with the store managers, it was evident there  would be no assistance in addressing any of these issues, so we were forced to chase off trespassers,  haul numerous bags of garbage to our own dumpster, and vigilantly keep our buildings and vehicles  locked up. This was not the Kenai in which I had grown up. Consequently, we were not unhappy when  the store closed and the gas station was dismantled.  During those same years, I had occasion to pay Kenai City Planner, Marilyn Kebschull, a couple of visits  regarding the property now referred to as 5455 Kenai Spur Highway. Marilyn did some research and  found that although Mr. Boyd was obligated by the City to install the fence that still stands, there was no  written provision for any maintenance or upkeep. We understood that there would be no assistance in  maintaining the fence, so we removed brush from the fence line, scraped moss from the planks, and cut  up and removed trees that fell on or around the fence.   The last visit with Marilyn was particularly frustrating. In one weekend, the store manager clear‐cut the  property to the south of the store, leaving that portion of the lot entirely devoid of any buffer between  our lot line and the Spur Highway ‐ a buffer we had been assured would be retained. Marilyn, too, was  surprised by this action, but was not optimistic that the City of Kenai would actually enforce the code or  place any sanctions on the individual or the property owner, regardless of the legality or propriety of  this action. While I appreciated her candor, I certainly did not savor the message, and she was right: The  City did nothing.  Fast forward. 2016 is upon us and we are now faced with an entirely new proposal from Mr. Boyd…a  Retail Marijuana Store and Cultivation Facility. Wow. Just wow. A social experiment operated for the  personal profit of a few, at what cost to the community?   When presented with the notice for application for a permit to operate a pot store, memories of the  traffic congestion at the intersection of Lupine Dr. and the Spur Highway caused by the gas station and  store customers immediately came to mind, as well as the loss of privacy from people using our  driveway to turn around, the frequent theft of our property and that of our neighbors, the burglaries  and robberies of the convenience store (one of which ended with the culprit being held at gun point  after being found hiding in our next door neighbor’s truck bed), the cacophony of noise from revved  engines and blaring music vibrating out of the cars circling the empty parking lot in the wee hours of the  night, the trespassers, the trash, the odd and sometimes frightening requests from people who think  nothing of driving or walking onto property close to a commercial enterprise.   59 Without doubt, a commercial pot store operating in the same location will result in these same  circumstances as well as introducing a far more dangerous set of circumstances. In light of the past  history with this property, I have no confidence that the City of Kenai would enforce regulations or  provide the necessary oversight. Living with those conditions was unpleasant at the time, but at this  point in our lives we are unable to deal with such adversity.  Currently, our grandchildren, ages 2 and 4, live with us, and I am licensed to provide part‐time child care  for up to 5 children. It is unfathomable to me that any of my babies could be placed at risk merely  because some opportunistic adults want to grow and sell pot in front of our home.  It is also dismaying  to learn that any hope of expanding my child‐care business would be immediately quashed because of  the establishment of a retail pot store 13 feet from our property.  Mr. Boyd proposes to establish an enterprise that will diminish the peace, safety and welfare of my  family and my neighbors. The expectation of “quiet enjoyment” of my home and property is stripped  away for the sake of a business that lends nothing in the way of community building.  Ordinance 2870‐2016 states that “Commercial Marijuana Establishments shall be a prohibited use as a  Home Occupation in order to preserve the character, health, and safety of neighborhoods (bold  added).” I would not be allowed to operate such an enterprise out of my home in order to safe guard my  neighborhood. However, a mere 13 feet away from my property line, a commercially rated building site  is free to do so with no harm to that same neighborhood? I simply do not understand.  Please consider:  In our immediate neighborhood there are recovering addicts who struggle to work their  programs. Some are not working quite so hard. A pot store will be a magnet for those addicts  and many others. As was evident with the previous liquor store, there are those who will imbibe  (legally or not) outside the store and those who just feel like hanging around. Is this an  enterprise that will ‘preserve the character, health, and safety of neighborhoods’?  Vehicular deaths and accidents on this stretch of the Spur Highway are numerous. Those  numbers will surely increase with the likelihood of impaired drivers crossing the heavily used  bike path, dealing with oncoming traffic, and merging into traffic. The costs and logistics of  providing commensurate police coverage will be shared by all city tax payers.  Enjoying bike  rides and walks on the path will be difficult due to constant vigilance. Is this an enterprise that  will ‘preserve the character, health, and safety of neighborhoods’?  Mr. Boyd’s property has been the site of too many robbery attempts to ignore. Regardless of the  type or quality of security measures intended, there is always going to be that one optimistic  thug who will make an attempt to rob a marijuana store. I could no longer allow children to play  freely in a yard separated from this danger by a thin wooden fence.  Is this an enterprise that  will ‘preserve the character, health, and safety of neighborhoods’?  Ordinance 2870‐2016 does not acknowledge the potential for diminished property values in  neighborhoods adjacent to a pot store, so I can only conclude that unlike those of us adversely  affected, the City of Kenai is unconcerned with this eventuality. At the same time, the city  comprehensive plan states that, “One of the goals of zoning is to achieve stable, livable  residential neighborhoods by separating them from incompatible uses (emphasis added).” So  60 which is it? Do we build stable, livable neighborhoods, or allow businesses that jeopardize our  safety and welfare?  Ordinance 2870‐2016 (14.20.330) iterates standards for Commercial Marijuana Establishments,  including specific buffer distances that will be permitted between the CME and schools, youth  centers, churches, treatment facilities, etc. The functions of those facilities generally involve  protecting, educating or caring for a specific user group, many of whom are vulnerable children.  My grandchildren and potential daycare children are fewer in number, but no less deserving of  protection and nurturing. Is this an enterprise that will ‘preserve the character, health, and  safety of neighborhoods’?  Rather than simply insist that a commercial pot store is incompatible with the goals and purposes of a  residential neighborhood, I implore the City and P&Z Commission to consider where such a business  should become established; where it could thrive and provide the financial profits sought by the owners  as well as contribute to local and state tax coffers.  Similarly, because this is a precedent setting endeavor, it is incumbent upon all those involved to utilize  ‘best practices’ not only in choosing the site location, but in presenting this particular business model to  the citizens of our City, Borough and State.   Colorado resident Gina Carbone observed that a commercial marijuana establishment results in  “Socializing the costs and privatizing the profits”. This simple sentence is the very essence of my  objections to a CME in the wrong location.  Kenai City Center or the proposed Millennium Square is a logical location for a commercial marijuana  enterprise. In both areas there are numerous locations where this business ‘can be efficiently served  with public roads, utilities and services; maintains the quality of existing development; and creates a  stable, predictable setting for future investment.’ (City of Kenai Comprehensive Plan)  Being mindful that the business Mr. Boyd and his business partners propose is a highly polarizing issue  will go a long way in helping to create a scenario that provides a successful outcome for all.   I appreciate your time and consideration.  Regards,  Christine Cook  4092 Lupine Dr.  Kenai  907.252.7929             61 March 17, 2016 Ladies and Gentlemen of the Planning and Zoning Commission, I am submitting written testimony to be included in the record for review in regards to the application for a conditional use permit for 5455 Kenai Spur Highway (PZ16-06). I reside at 4092 Lupine Drive, which is adjacent to that property, and I request that this conditional use permit be denied for the safety of my children and the best interests of our neighborhood. I have two small children and I am afraid for their safety. If this drug dealership is placed in our neighborhood, it will not only damage the public safety and welfare, it will specifically endanger my children. I urge you to reject this conditional use permit because, if this pot growing and distribution center is placed in our neighborhood, it will: Endanger Children:  Because it is within 75 Feet of a School: It has been determined that marijuana establishments shall not be located within 1,000ft of any school. The public entrance of the proposed drug facility is only 75ft away from the outer parcel boundaries of our property, which is used as a homeschool. Our preschooler is enrolled in a statewide correspondence program (since September 2015) and attends school full-time in our home. He is an Alaskan public school student with the same rights as any other public school student, which includes the right to be free from the dangers of retail drug dealerships operating within 1000ft of his school. My children must be afforded the same level of protection given to any other Alaskan student. The intent of current legislation is clear: drug related trades must be kept away from children. Placing this drug dealership next to our property violates that goal and places my children at risk.  By Exposing Children and Youth in our Neighborhood to Drug Users: If the Planning and Zoning Commission and the City Council permit this drug establishment, it will place my children and the other children and youth of our neighborhood in close proximity to drug users. A reasonable and prudent person would not locate a commercial pot growing and distribution center in a residential neighborhood where young children and youth live and play, exposing them to drug users and drug activity and threatening their safety. Drug addiction is rampant in Alaska; it is highly likely that some of the individuals who frequent the proposed drug establishment will be addicted to drugs much more dangerous than marijuana, such as heroin, methamphetamine, cocaine, etc. As a mother, I am petrified that drug users will be frequenting a store within 13ft of where my children live and play (the back of the facility is only 13 feet away from our front property line). There is nothing keeping these individuals from entering our property and threatening my children. In the past, unsavory individuals have trespassed onto my family’s property from the property in question when it was operating as a retail store. These individuals skulked along the fence line on our property while scoping out my family’s belongings. Furthermore, the property owner has not maintained the partial, deteriorating fence (which is at least 25 years old) between our properties (for example, there is currently a tree, which has fallen down from his property, laying over the fence and it has not be removed). The fence, which does not even span the entire length of his property, offers no protection from individuals entering our property from his. Although the city required him to build that fence originally, his lack of maintenance has contributed to putting our property and safety at risk in the past—a risk that will only be increased by opening a marijuana growing and distribution center. The reality is, whether or not the property owner implements safety measures (like putting up a fence around his entire property), the facility will still present a safety hazard to our neighborhood. The safety of our children and neighborhood youth, along with the kids who walk and ride their bikes on the public bike path that goes through the 5455 Kenai Spur Highway property, will be fundamentally jeopardized if this drug dispensary is established. Members of the Planning and Zoning Commission, I ask you to consider whether or not you would like a commercial pot growing and distribution center operating directly next to your homes or next to any location where your children play and ride their bikes. The profits from this drug dealership are not 62 more valuable or more important than the safety of my children and the safety and wellbeing of the other children in our neighborhood.  By Increasing Crime: When the property in question was run as a retail store, there were multiple robberies, some of which involved guns, and neighborhood thefts. The risk of more burglaries and crime increases greatly when marijuana is the primary commodity exchanged. We will see a rise in criminal activity in our neighborhood and specifically in front of our home. It only takes one stray bullet to kill a child. My children will be a mere 13ft away from this threat. Please, do not allow this danger into our neighborhood. Create a Private Nuisance:  By destroying our right to reasonable expectations of peace and quiet enjoyment of our home. If this drug establishment is approved to operate 13 feet away from our property line, it will damage our peace and the quiet enjoyment of our home. Our family has worked diligently for years to create a lovely and wholesome place to live. Now we can expect to have constant drug activity within feet of our home; it will be accompanied by increased traffic, bright security lights, police activity, unsavory members of the public roaming around, and increased criminal activity. My family and I are trying to raise and educate our children in a wholesome, healthy, and safe environment. We should not be forced to move from our home for the sake of a business owner who is seeking to grow his personal wealth at the expense of our children’s safety and welfare. Do the members of the Planning and Zoning Commission and the City Council of Kenai want to push responsible families out of the city? That is exactly what will happen if you set a precedent for allowing drug emporiums to be established in residential neighborhoods, directly next to the homes of small children and youth. I request that the Planning and Zoning Commission and the City Council:  Find a More Suitable Location: I ask that you find a more suitable location for a pot growing and distribution center within the city. There are many other commercially zoned locations that are away from residential areas, schools, and public parks. This business does not need to be placed in our neighborhood and can easily be located in a safer more appropriate area with other businesses that cater to adult entertainment.  Conduct Thorough Risk Assessments: Before establishing a drug dealership in our neighborhood, we insist that the Planning and Zoning Commission and the City Council perform a thorough health impact assessment, social impact assessment, and economic impact assessment of the proposed retail drug dealership on our neighborhood and on the Kenai community.  Provide Updated Communication: I request that you provide me with immediate notice of all public and executive proposals, deliberations, findings, determinations, and legislation on this issue. In summary, I urge the members of the Planning and Zoning Commission to reject this conditional use permit. Allowing a drug dealership in a residential neighborhood is a socially irresponsible and morally reprehensible action that will damage the public safety and welfare. If you allow the first retail marijuana establishment in Alaska to operate in a residential neighborhood, you will be establishing a dreadful precedent and violating your responsibility to provide “Zoning Regulations that protect the public peace, health, safety and welfare.” Please do not endanger my children by allowing drug dealers and drug users to conduct business within a few feet of our front yard. My children are entitled to live, learn, and play in their own home, school, and yard without fear. Again, I beg you not to grant this conditional use permit for 5455 Kenai Spur Highway. Sincerely, Megan Green 4092 Lupine Dr. Kenai, AK 99611 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 SH A G I N O F F S U B D . LOTS 2 0 , 2 1 , 2 2 & 2 3 O F B L O C K 8 & BL O C K S 9 & 1 0 O F V A L H A L L A HEIG H T S S U B D . N O . 1 2013REPLAT 9 1112 21 20 10 19 22 2 6A 1013 14 1 2 3 3 23 19 4A 19 23 21 18 22 20 9 8A 7A (3) 2 5 5 5 5 5 1 2 6 5 5 5 1 9 4085 2 7 5 4080 340340 5 5 0 1 5 5 0 1 32 0 310 5 4 5 5 32 0 310 4084 40 8 8 4092 4093 4084 4 0 8 8 4092 2 5 5 5 5 5 1 2 6 5 5 5 1 9 4085 2 7 5 4080 4093 4110 5 3 2 6 2 7 0 5 5 0 4 5 4 5 6 4115 4105 5 3 9 2 5 3 7 0 5 3 9 1 5 3 6 0 5 3 2 8 5 2 9 6 5 3 4 5 5 3 2 6 2 7 0 5 5 0 4 5 4 5 6 4115 4105 4110 5 3 9 2 5 3 7 0 5 3 9 1 5 3 6 0 5 3 2 8 5 2 9 6 5 3 4 5 F R O N T A G E R D F I R E W E E D L N TH O M P S O N P L 2 5 5 5 5 5 1 2 6 5 5 5 1 9 4085 2 7 5 4080 340340 5 5 0 1 5 5 0 1 32 0 310 5 4 5 5 32 0 310 4084 40 8 8 4092 4093 4084 4 0 8 8 4092 2 5 5 5 5 5 1 2 6 5 5 5 1 9 4085 2 7 5 4080 4093 4110 5 3 2 6 2 7 0 5 5 0 4 5 4 5 6 4115 4105 5 3 9 2 5 3 7 0 5 3 9 1 5 3 6 0 5 3 2 8 5 2 9 6 5 3 4 5 5 3 2 6 2 7 0 5 5 0 4 5 4 5 6 4115 4105 4110 5 3 9 2 5 3 7 0 5 3 9 1 5 3 6 0 5 3 2 8 5 2 9 6 5 3 4 5 . 125 ' Date: 3/18/2016 The information depicted hereon is for graphic representationonly of the best available sources. The City of Kenai assumes no responsibility for errors on this map. 1 inch equals 125 feet Lot 6A1Thompson Park2013 Replat Text 92 ACTION AGENDA KENAI CITY COUNCIL – REGULAR MEETING MARCH 16, 2016, 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. Duane Bannock – Purchase of Airport Property [Clerk’s Note: 15 minutes has been 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. FAILED. Ordinance No. 2882-2016 – Waiving a Sale Restriction Imposed by Kenai Municipal Code Section 21.05.010(B) with Respect to Lot 1, Block 1, Gusty Subdivision (KPB Parcel No. 04327008) Located within the Airport Reserve; Authorizing the Sale of Lot 1, Block 1, Gusty Subdivision to Ronald and Shirley Smith; and Determining that Lot 1, Block 1 Gusty Subdivision is Not Needed for a Public Purpose. 2. ADOPTED UNANIMOUSLY. Resolution No. 2016-09 – Authorizing a $10,000 Budget Transfer within the General Fund – Buildings Department for Professional Services as a Result of a Personnel Vacancy. 3. POSTPONED TO 4/6 MEETING. Resolution No. 2016-10 – Confirming the Assessment Roll on the VIP Drive Lid Street Improvement Special Assessment District. 4. ADOPTED UNANIMOUSLY. Resolution No. 2016-11 – Awarding an Agreement for Construction of First Street Improvements 2015-2016. 93 5. ADOPTED UNANIMOUSLY. Resolution No. 2016-12 – Consenting to the Vacation of a 25-Foot Wide by Approximately 297-Foot Long Right-of-Way with Cul-De-Sac, which is Set Forth on the Plat of Haddock Subdivision KDC Replat, which is Attached Here to as Exhibit “A”. E. MINUTES 1. *Summary of the February 23, 2016 Work Session 2. *Regular Meeting of March 2, 2016 3. *Summary of March 3, 2016 Work Session ALL MINUTES WERE APPROVED BY THE CONSENT AGENDA. F. UNFINISHED BUSINESS – None. G. NEW BUSINESS 1. APPROVED BY THE CONSENT AGENDA. *Action/Approval – Bills to be Ratified. 2. APPROVED BY THE CONSENT AGENDA. *Action/Approval – Purchase Orders Exceeding $15,000. 3. 5/9 – CITY ATTORNEY & CLERK EVALS/ 5/16 – CITY MANAGER EVAL. Action/Approval – Schedule Annual Employee Performance Evaluations for the City Clerk, City Attorney, and City Manager. 4. DONATION OF $250 APPROVED FOR EACH REQUEST. Action/Approval – KCHS Baseball Booster Club Sponsorship Request and KCHS After-Prom Donation Request. H. COMMISSION/COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Parks and Recreation Commission a. Kenai Outdoor Opportunity Location Committee 5. Planning and Zoning Commission 6. Beautification Committee 7. Mini-Grant Steering Committee I. REPORT OF THE MAYOR REQUESTED A RECONSIDERATION OF ORDINANCE NO. 2882-2016 AT THE APRIL 6 MEETING. J. ADMINISTRATION REPORTS 94 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 Scheduled. M. PENDING ITEMS – None. N. ADJOURNMENT **************************************************************************************************** INFORMATION ITEMS 1. Purchase Orders between $2,500 and $15,000 for Council Review. 2. Thank You from KCHS Hockey Team. 3. Request for Federal Subsistence Fish and Shellfish Regulatory Proposals. 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. 95 THIS PAGE INTENTIONALLY LEFT BLANK 96 KENAI PENINSULA BOROUGH PLAT COMMITTEE GEORGE A. NAVARRE ADMINISTRATION BUILDING ASSEMBLY CHAMBERS 144 NORTH BINKLEY STREET SOLDOTNA, ALASKA 99669 6:30 p.m. March 14, 2016 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. February 22, 2016 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. James 2016............................................................................................... 2 KPB File 2016-030 [Orion Surveys / James, The Sign Tree, LLC.] Location: Off of Maria Road in Fritz Creek Kachemak APC 2. Haddock Subdivision KDC Replat Assoc with Coolidge St .................... 25 ROW Vacation KPB File 2016-002 [McLane / Kenai Development Company LLC] Location: On the corner of Second Ave and N. Forest Dr City of Kenai 3. Spruce Park Estates Subdivision Davis Replat ...................................... 45 KPB File 2016-027 [Integrity / Davis] Location: Off of Spruce Park Drive in Kalifornsky 4. Grande View Heights Phase 4 ................................................................ 59 KPB File 2016-029 [Integrity / Hope Community Resources, Inc.] Location: On the corner of Black Spruce Dr. and Grande Heights Dr. Sterling 5. Tern Lake Estates 2016 South Addition ................................................. 81 (Postponed February 22, 2016) KPB File 2016-011 [Integrity / Hetrick] Location: Near MP 36 of the Seward Highway in Moose Pass Moose Pass APC (MOTION ON THE FLOOR: Motion made and seconded ty approve the preliminary plat of Tern Lake Estates 2016 South Addition per staff recommendations and conditions.) MEMBERS: Sandra Holsten East Peninsula Term Expires 2016 James Isham Sterling 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 Franco Venuti City of Homer Term Expires 2016 97 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, March 28, 2016 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 98 KENAI PENINSULA BOROUGH PLANNING COMMISSION GEORGE A. NAVARRE ADMINISTRATION BUILDING ASSEMBLY CHAMBERS 144 NORTH BINKLEY STREET SOLDOTNA, ALASKA 99669 March 14, 2016 - 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. Cynthia’s Forty Subdivision.......................................................... 2 KPB File 2006-170 [McLane / Wells] Location: Off of Tote Road in Kalifornsky *2. Planning Commission Resolutions - None *3. Plats Granted Administrative Approval ................................................... 11 *4. Plats Granted Final Approval (20.10.040) - None *5. Plat Amendment Request - None *6. Utility Easement Vacations - None *7. Commissioner Excused Absences a. Paulette Bokenko-Carluccio, City of Seldovia b. Cindy Ecklund, City of Seward c. Blair Martin, Kalifornsky Beach *8. Minutes a. February 22, 2016 Plat Committee Minutes b. February 22, 2016 Planning Commission Minutes D. PUBLIC COMMENT/PRESENTATIONS/COMMISSIONERS (Items other than those appearing on the agenda. Limited to five minutes per speaker unless previous arrangements are made 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 James Glendening PC Member Kenai City Term Expires 2016 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 Franco Venuti PC Member City of Homer Term Expires 2016 99 E. UNFINISHED BUSINESS F. PUBLIC HEARINGS 1. Resolution 2016-___; Resolution authorizing the acquisition by ............ 16 donation of 0.69 acres of real property located in the Anchor Point area on behalf of Anchor Point Fire & Emergency Medical Service area. 2. Resolution 2016-05; Public hearing for a conditional land use ............... 41 permit for material extraction on a parcel in the Nikiski area. Applicant / Landowner: Chumley’s, Inc. Parcel ID: 012-140-39; Legal Description: NW¼ SW¼, Township 7 North, Range 12 West, Seward Meridian excluding the south 33 feet and excluding the west 33 feet. Location: The parcel is located south of Forest Hills Subdivision Part 2 and north of Arbor Estates Subdivision. The parcel will be accessed off the Kenai Spur Highway via Aleutian Court and the Blustery Street Right- of-Way. 3. Ordinance 2016-03 Substitute, An Ordinance Amending ...................... 64 KPB Chapters 21.44 and 21.46 Regarding Local Option Zoning, and Repealing KPB 21.50.050 Relating to Fines and Reenacting as KPB 21.50.055 G. ANADROMOUS WATERS HABITAT PROTECTION DISTRICT (21.18) 1. Resolution 2016-06; Conditional Use Permit to install temporary ........ 150 plastic fencing, permanent wooden fencing and a maximum of four (4) educational and/or directional signs within Borough’s 50- foot Habitat Protection District. This project is located on the left bank of the Kenai River at River Mile 73.5-74, T5N, R4W, Sec 32 & 33 SM, SW Lot 2 USS 13166 (KPB Parcel # 119-010-36). Petitioner: Kenai National Wildlife Refuge. 2. Resolution 2016-07; Conditional Use Permit to install multiple ............ 191 elevated Light Penetrating (ELP) gratewalks within the 50-foot Habitat Protection District of the Kenai River. This project is located on the right bank of the Kenai River at River Mile 25, Hideaway Estates Subdivision, Section 35, T5N, R10W, SM, AK, KPB Parcel # 058-230-30. Petitioner: Ronald J and Deborah K Verney. H. VACATIONS NOT REQUIRING A PUBLIC HEARING - None I. SPECIAL CONSIDERATIONS 1. Lillian Walli Estate Removal of Plat Note Restriction ........................... 215 KPB File 2016-028 Petitioner(s): Mary K. Koester and Carey Meyer, representing the City of Homer Location: Near milepost 172 of the Sterling Highway in the City of Homer J. SUBDIVISION PLAT PUBLIC HEARINGS Paul Whitney PC Member City of Soldotna Term Expires 2017 Max J. Best Planning Director Mike Navarre Borough Mayor 100 1. The Plat Committee is scheduled to review 5 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 NEXT REGULARY SCHEDULED PLANNING COMMISSION MEETING The next regularly scheduled Planning Commission meeting will be held Monday, March 28, 2016 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 TBD 7:00 p.m. Cooper Landing Cooper Landing Community Hall April 6, 2016 6:00 p.m. Hope / Sunrise Hope Social Hall TBD 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. 101 CITY OF KENAI 2016 COMPREHENSIVE PLAN UPDATE TOWN HALL MEETING SATURDAY – MARCH 26, 2016 9:00 AM – 12:00 NOON KENAI SENIOR CENTER 361 SENIOR COURT KENAI, ALASKA 99611 http://www.kenai.city Please join the City of Kenai as it kicks off the process to update its 2003 Comprehensive Plan. The City needs your comments on the proposed plan update process. At the meeting participants will be able to discuss the following:  The role of the comprehensive plan in City decision-making.  An overview of the how the plan should be updated.  An overview of the proposed timeline for the update.  An overview and discussion of Chapters 1-3 of the 2003 Comprehensive Plan and Chapters 1 – 4 of the draft 2013 Comprehensive Plan and how they should be updated. Public comment on the process and statistical and historical data contained in the Plan is welcomed, encouraged and important to the Plan. For more information on the meeting please contact: Matt Kelley, City Planner at 907-283-8235 or email at: compplan2016@kenai.city Members of the Council of the City of Kenai and the Planning and Zoning Commission may be in attendance, however, no action will be taken. Publish: 3/18, 20, 23 25, 2016 D168/648552 102