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HomeMy WebLinkAbout2016-04-13 Planning & Zoning MinutesCITY OF KENAI PLANNING & ZONING COMMISSION CITY COUNCIL CHAMBERS APRIL 13, 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, G. Pettey, J. Focose, D. Fikes Staff /Council Liaison present: City Planner M. Heinz, Planning Knackstedt A quorum was present. c. Agenda Approval Kelley, City Attorney S. Bloom, Deputy Clerk J. Assistant W. Anderson, Council Liaison H. Commissioner Peterson noted the following items to be removed /added to the agenda /packet: 6.a. PZ16 -06 • Staff Report dated March 23, 2016 • Presentation of Drone Flyover Video • Correspondence from Citizens 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 — James Glendening 2. *APPROVAL OF MINUTES: March 9, 2016 and March 23, 2016 3. SCHEDULED PUBLIC COMMENT: (10 Minutes) a. Bob McIntosh - Citizen's Committee and Voter Approval for Final Comprehensive Plan (10 minutes) The scheduled individual was not present at the meeting; no comments were provided. 4. PERSONS PRESENT NOT SCHEDULED: (3 Minutes) 5. CONSIDERATION OF PLATS: None. 6. PUBLIC HEARINGS: a. 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 [Clerk's Note: At its March 23, 2016 meeting the Planning & Zoning Commission postponed Resolution PZ16 -06 to April 13, 2016 to allow for additional public hearing. A motion to approve PZ16 -06 is on the floor.] City Planner Kelley noted his staff report had not changed and the opportunity for continued public testimony. He also noted the additional information obtained from the attorney, determining that the adjacent home used as a home school did not set buffers into place. Chairman Twait opened the public hearing. Eric Derleth showed video of a flyover done with a drone to show the property noting the fencing doubled up on places, giving views of the property, noted where fencing was planned to prevent access to back of establishment. Brian Olson spoke in favor of the Conditional Use Permit noting he viewed commercial cannabis licensing from the perspective of alcohol licensing pointing out that cannabis was much more regulated. He stated he owned a winery, knows the alcohol regulations, read the marijuana regulations and pointed out that the regulations are for the safety of the public. Roger Boyd spoke in favor of the Conditional Use Permit, noting the issue was regarding zoning and asked the Commission to review it based on those merits pointing out that the Limited Commercial zone was to provide a transition between business and residential areas. He pointed Planning and Zoning Commission Meeting April 13, 2016 Page 2 out that in this situation the line was merely a property line, stated he was sympathetic to neighbors, and noted it would require a lot of communication and understanding on the company's part. He also pointed out that no one knew what the impact on property values would be and that the establishment would do no more harm than the liquor store as cleaning up the vacant business would improve the neighborhood. Ed Gaethele Spoke against the Conditional Use Permit noting that he was involved in real estate and stated the marijuana establishment would have detrimental impact. He also noted that he recently took custody of two grandchildren and would not have knowingly put them in a neighborhood with drugs and or alcohol. Kevin Moore testified in opposition of the Conditional Use Permit stating that it was not a benefit for the community noting the oil and gas economic driver, which required heavy homeland security. He further stated that if someone working in the oil and gas industry was found to have drugs in their system they couldn't ever work in the industry again meaning lost jobs and wages. Robert Rinehart testified that his concern with the Conditional Use Permit was with the parking lot tying into Lupine Street pointing out that customers could pull through neighborhood to consume. He also pointed out that traffic decreased after the liquor store closed. He requested that Lupine Street be blocked off leaving the neighborhood out of the picture. John White spoke against the Conditional Use Permit noting previous testimony that marijuana could be beneficial for seniors and veterans; he stated he was a senior and a veteran and opposed marijuana establishments in the City of Kenai, suggesting the establishments be placed in other locations where there was more commerce. Janice Houtz spoke against the Conditional Use Permit stating she didn't want any marijuana establishments in the City of Kenai noting that they didn't fit with the mission of the City; didn't see a future with the industry; pointing out it was a bad example for youth. She also stated that only the establishment owners were going to benefit, and asked for consideration be given to the community, City and children. Mark Tyler spoke in favor of the Conditional Use Permit stating he believed the establishment was consistent with the zoning regulations. He stated he was aware of negative activity in the area and that he believed the ownership group would make the area safer being occupied, lit, and with much higher security protocols. He pointed out that many were testifying that there was a fear with the establishment's proximity to children and noted that nobody ever expanded on what the danger to children looked like. Chad Boterious noted that he lived in the neighborhood, that he was in favor of dispensaries, requested the business hours be from 10:00 a.m. to 5:00 or 6:00 p.m., and that it would be better if the establishment were in a more commercial area. He also noted that he was concerned about property values. Chris Cook spoke against the Conditional Use Permit, noting that strip zoning was a problem and suggested marijuana be confined to the old Lowe's building or in the downtown district. She echoed previous testimony that the former liquor store had been burglarized and feared that the establishment would be a target for those looking to steal suggesting the establishment was an inconsistent use. Planning and Zoning Commission Meeting April 13, 2016 Page 3 Patricia Patterson spoke in favor of the Conditional Use Permit pointing out that when the Commission was considering the regulations, it was brought up that there were so many other entities being buffered that the marijuana establishments were going to be pushed out of the main commercial district of town. She also pointed out that the marijuana establishment owners were going to have to be good neighbors as the establishment would be highly scrutinized. Elizabeth Brennan spoke against the Conditional Use Permit noting that even though she was in favor of dispensaries, she didn't believe in them being so close to a neighborhood. She suggested there would be recordings of the business itself, but none provided for the surrounding residences. Ron Isaacs spoke in favor of the Conditional Use Permit noting there were a lot of entities that had been buffered within the City. He noted several residents of the area weren't present and that may be taken as support for the establishment. Chris Burccholz pointed out that the notice was only sent to residents that lived within 500 feet of the establishment. Leif Abel spoke in favor of the Conditional Use Permit noting that the permit should be granted if it met the zoning requirements. He also stated that the economic opportunity was good for the community. Chairman Twait closed the public hearing It was clarified that federal funding for the Kenai Spur Highway was not jeopardized as the Cole Memorandum, if followed, allowed the state to govern itself. It was pointed out that the purpose of a public hearing was to take testimony to determine if additional conditions such as parking, hours of operation, or buffers could be put into place to make the establishment harmonious with the area. It was reiterated that the City would have an opportunity to comment at every renewal which would allow for review of the Conditional Use Permit as well. Staff clarified that in 2006 the zoning of the property was changed from General Commercial to Limited Commercial. Commissioner Twait noted the City Council gave the Planning & Zoning Commission the directive to find areas that Commercial Marijuana Establishments could exist within the City and that there was not a lot of input during those meetings. He also noted that the task of the Commission was not to debate cannabis but determine if the establishments could meet the conditions set forth. Finally, Commissioner Twait pointed out that the public has opportunity to weigh in on the Conditional Use Permit annually. Commissioner Peterson stated his intention to vote in favor as the establishment followed the ordinances set forth. Commissioner Fikes noted a previous contentious issue regarding a Conditional Use Permit noting that the City had processes in place for rectifying situations. She noted that based on the state's licensing regulations and the City's land use regulations being met, she would vote in favor of the Conditional Use Permit. Planning and Zoning Commission Meeting April 13, 2016 Page 4 Commissioner Springer noted he was not an advocate for marijuana sales, but would vote in favor after considering the zoning regulations combined with the fact that the property had consistently been used as a retail establishment. He also noted the security measures proposed to be put into place were commendable. Commissioner Pettey noted that the Conditional Use Permit provided the opportunity to determine if the proposed establishment was in harmony with the surrounding community and after listening to the comments from the surrounding property owners, she would vote against the Conditional Use Permit. Commissioner Focose noted that after considering the zoning regulations, he would be voting in favor of the Conditional Use Permit. It was noted that based on the delay of the issuance of the license combined with the time it took to grow the product, the retail establishment would not be able to sell for a full year before the Conditional Use Permit could be reviewed again. VOTE: YEA: Peterson, Fikes, Focose, Twait, Springer NAY: Pettey MOTION PASSED. Commission Chair Twait noted the 15 -day appeal period. b. PZ16 -10 — A Resolution of the Planning and Zoning Commission of the City of Kenai, Alaska, Recommending Council Adopt the City of Kenai Annex to the Kenai Peninsula Borough All Hazard Mitigation Plan. City Planner Kelley reviewed his staff report noting that the Plan called for an update every five years and dealt with panic and hazard situations. He briefly discussed some of the changes that were made after the work session held on March 23, 2016, most affecting the erosion sections. MOTION: Commissioner Peterson MOVED to adopt Resolution PZ16 -10; Commissioner Focose SECONDED the motion. Chairman Twait opened the public hearing; there being no on wishing to be heard, the public hearing was closed. A numbering inconsistency was pointed out. MOTION TO AMEND: Commissioner Peterson MOVED to amend the table to be numbered sequentially number and add mobile home parks; Commissioner Fikes SECONDED the motion. VOTE ON THE AMENDMENT: Planning and Zoning Commission Meeting April 13, 2016 Page 5 YEA: Focose, Twait, Springer, Peterson, Fikes, Pettey NAY: MOTION PASSED UNANIMOUSLY. VOTE ON THE MAIN MOTION: YEA: Focose, Twait, Springer, Peterson, Fikes, Pettey NAY: MOTION PASSED UNANIMOUSLY. 7. UNFINISHED BUSINESS: None. 8. NEW BUSINESS: None. 9. PENDING ITEMS: None. 10. REPORTS: a. City Council — Council Member Knackstedt reviewed the action agenda from the 4/6 Council Meeting which was provided in the packet and added that there was renewed interest from the Beautification Committee regarding the Storefront Improvement program. b. Borough Planning — No report; Commissioner Glendening was absent. c. Administration — Kelley provided a reminder for the Town Hall meetings on April 16 and April 26 regarding the Comprehensive Plan revision. 11. PERSONS PRESENT NOT SCHEDULED: None. 12. INFORMATIONAL ITEMS: None. 13. NEXT MEETING ATTENDANCE NOTIFICATION: April 27, 2016 14. COMMISSION COMMENTS & QUESTIONS: Commissioner Focose noted the Public Hearings went smoothly. Commissioner Pettey stated that she was honored to participate in the public process. Commissioner Peterson thanked Chariman Twait for his management of the meeting. Commissioner Fikes echoed Commissioner Peterson's comments noting Chairman Twait's, kindness and professionalism in allowing everyone to speak. 15. ADJOURNMENT: There being no further business before the Commission, the meeting was adjourned at 9:16 p.m. Planning and Zoning Commission Meeting April 13, 2016 Page 6 j es prepared an submitted by: Heinz, CMC ty Clerk Planning and Zoning Commission Meeting April 13, 2016 Page 7