HomeMy WebLinkAbout2016-06-22 Planning & Zoning Packet AGENDA
KENAI PLANNING & ZONING COMMISSION – REGULAR MEETING
JUNE 22, 2016 - 7:00 P.M.
KENAI CITY COUNCIL CHAMBERS
210 FIDALGO AVENUE, KENAI, ALASKA
http://www.kenai.city
1. CALL TO ORDER:
a. Pledge of Allegiance
b. Roll Call
c. Agenda Approval
d. Consent Agenda
e. *Excused Absences
*All items listed with an asterisk (*) are considered to be routine and non-controversial
by the Commission and will be approved by one motion. There will be no separate
discussion of these items unless a Commission Member so requests, in which case
the item will be removed from the Consent Agenda and considered in its normal
sequence on the agenda as part of the General Orders.
2. *APPROVAL OF MINUTES:
a. *May 25, 2016 and June 8, 2016 ........................................................................ 1
3. SCHEDULED PUBLIC COMMENT: None
4. PERSONS PRESENT NOT SCHEDULED: (3 Minutes)
5. CONSIDERATION OF PLATS:
a. PZ16-18 - Preliminary Original Plat of Wild Rose Subdivision 2016 Addition,
submitted by TAY Wild Rose LLC., 31878 Del Obispo St. #118-357, San Juan
Capistrano, CA 92675 ......................................................................................... 9
6. PUBLIC HEARINGS:
a. PZ16-17 Application for a Conditional Use Permit to operate an approximately 480
square-foot Retail Marijuana Store and an approximately 498 square-foot
Marijuana Cultivation Facility, Limited, within an existing approximately 1630
square-foot rental space (Unit No. 3) within a commercial building; located on the
property known as 11888 Kenai Spur Highway, Government Lots 19, 20, & 21, Sec.
6, T5N, R11W, Application submitted by: Ronald & Deniece Isaacs, P.O. Box
3526, Kenai, Alaska 99611 .............................................................................. 18
7. UNFINISHED BUSINESS: None
8. NEW BUSINESS: None
9. PENDING ITEMS: None
10. REPORTS: None
a. City Council ....................................................................................................... 77
b. Borough Planning ............................................................................................ 81
c. Administration
11. PERSONS PRESENT NOT SCHEDULED: (3 Minutes)
12. INFORMATIONAL ITEMS:
a. Board of Adjustment Decision – PZ16-09 Variance Permit ............................... 89
13. NEXT MEETING ATTENDANCE NOTIFICATION: July 13 , 2016
14. COMMISSION COMMENTS & QUESTIONS:
15. ADJOURNMENT:
CITY OF KENAI
PLANNING & ZONING COMMISSION
CITY COUNCIL CHAMBERS
MAY 25, 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, D. Fikes, and J
Glendening
Staff/Council Liaison present: City Planner M. Kelley, City Clerk S. Modigh, Planning Assistant
W. Anderson and Council Liaison H. Knackstedt
A quorum was present.
c. Agenda Approval
MOTION:
Commissioner Peterson MOVED to approve the agenda; Commissioner Pettey SECONDED the
motion. There were no objections; SO ORDERED.
d. Consent Agenda
MOTION:
Commissioner Peterson MOVED to approve the consent agenda; Commissioner Pettey
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 – None
2. *APPROVAL OF MINUTES: June 8, 2016
1
3. SCHEDULED PUBLIC COMMENT: (10 Minutes) None scheduled.
4. PERSONS PRESENT NOT SCHEDULED: (3 Minutes) None.
5. CONSIDERATION OF PLATS: None.
6. PUBLIC HEARINGS:
a. PZ16-13 – Application for a Conditional Use Permit for a coffee wagon to be located on
the property known as 4105 N. Dogwood Lane, Lot 35, Block 1, Valhalla Heights
Subdivision, submitted by Marlena Bellinger, P.O. Box 607, Cooper Landing, AK 99572
City Planner Kelley reviewed his staff report, noting that the application meets the intent of the
Limited Commercial Zone and complies with the Comprehensive Plan; recommended approval
with the following conditions:
• Further development of the property shall conform to all Federal, State and local
regulations.
• Prior to the issuance of the Conditional Use Permit, the property owner shall submit an
approval letter that the water holding tanks and incinerator toilet are approved by the State
of Alaska, Department of Environmental Conservation.
• Prior to issuance of the Building Permit, the property owner shall submit an application to
connect to the water main located within North Dogwood Road, unless an exemption is
granted by the City of Kenai.
• Prior to the issuance of the Building Permit, the property owner shall submit an application
to the City of Kenai Public Works Department for a Driveway Permit.
• Prior to the issuance of the Conditional Use 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 14.25-
Landscaping/Site Plan Regulations.
• Prior to issuance of the Building Permit, the property owner shall submit a revised site plan
which shows the setbacks from all property lines for the Coffee Wagon and the Storage
Shed.
• A Sign Permit will be required for all signage located on the property for the Coffee Wagon.
• Prior to final inspection of the Building Permit, the property owner shall submit approval
from the City of Kenai Fire Marshal that the Coffee Wagon has been inspected and
approved for operation.
• A biennial inspection must be completed by the City of Kenai Fire Marshall.
• Pursuant to Kenai Municipal Code Section 14.20.150(f) the property owner shall submit
an Annual Report to the City of Kenai.
MOTION:
Commissioner Springer MOVED to approve Resolution No. PZ16-13 with staff recommendations
and Commissioner Glendening SECONDED the motion.
Chairman Twait opened the public hearing.
The applicant Marlena Bellinger advised she’d had a seasonal coffee kiosk for 15 years in Cooper
Landing and would like to expand her business in Kenai. Mrs. Bellinger noted she’d been having
2
trouble getting information from Department of Environmental Conservation regarding an
approved public facility on site.
The Commission discussed the restroom requirement of the facility as its being considered a
restaurant by the Department of Environmental Conservation and that they would have to approve
the wastewater system used by the facility.
VOTE ON MOTION:
YEA: Pettey, Glendening, Springer, Peterson, Fikes, Twait
NAY:
MOTION PASSED UNANIMOUSLY
Commission Chair Twait noted the 15-day appeal period.
7. UNFINISHED BUSINESS: None.
8. NEW BUSINESS:
a. PZ16-14 – Application for a Transfer of a Conditional Use Permit PZ15-10 for the
construction and operation of a gravel pit for the extraction of natural resources from Greg
Duggin and Tom Reese, Transferors, to Michael S. Brown, Transferee
City Planner Kelley reviewed his staff report, noting that the transfer meets the requirements if
Kenai Municipal Code 14.20.150(i)(5) and 14.20.158(a); recommended approval subject to the
original conditions set forth on the original permit and the following conditions:
• Compliance with all Federal, State, and Local regulations
• If there is a change of use for the above-described property, a new Conditional Use Permit
must be obtained, pursuant to KMC 14.20.150(i)(5).
MOTION:
Commissioner Glendening MOVED to approve Resolution No. PZ16-14 with staff
recommendations and Commissioner Peterson SECONDED the motion.
Chairman Twait opened the public hearing, there being no one wishing to speak the public hearing
was closed.
It was noted that there weren’t any complaints filed by adjoining properties.
VOTE ON MOTION:
YEA: Pettey, Glendening, Springer, Peterson, Fikes, Twait
NAY:
MOTION PASSED UNANIMOUSLY
9. PENDING ITEMS: None.
3
10. REPORTS:
a. City Council – Council Member Knackstedt reviewed the action agenda from the May 18
Council Meeting which was provided in the packet noting the light industrial zone creation
and the rezone of several properties; funds appropriated for a new water tank; utility rates
increase; approval to purchase a columbarium for the cemetery.
Commissioner Peterson inquired as to how much reserve was needed for water and sewer and
how close the City was in meeting that amount.
b. Borough Planning – Commissioner Glendening reviewed the action of the May 23 meeting
noting they approved the name change for eight streets and it was discussed to reduce
the number of commissioners to nine therefore, Soldotna and Kenai would share a
representative.
c. Administration – Kelley reported on the following:
• Reminded of the upcoming comprehensive plan work session.
• South Beach road has been completed.
• Hasn’t received any other comments regarding the comprehensive plan other
than those provided at meetings.
11. PERSONS PRESENT NOT SCHEDULED: None.
12. INFORMATIONAL ITEMS: None.
13. NEXT MEETING ATTENDANCE NOTIFICATION: June 8, 2016
14. COMMISSION COMMENTS & QUESTIONS:
No comments.
15. ADJOURNMENT:
There being no further business before the Commission, the meeting was adjourned at 7:38 p.m.
Minutes prepared and submitted by:
_____________________________
Sandra Modigh, CMC
City Clerk
4
CITY OF KENAI
PLANNING & ZONING COMMISSION
CITY COUNCIL CHAMBERS
JUNE 8, 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, D. Fikes, and J
Glendening, J. Focose
Staff/Council Liaison present: City Planner M. Kelley, Deputy City Clerk J. Heinz, Planning
Assistant W. Anderson and Council Liaison H. Knackstedt
A quorum was present.
c. Agenda Approval
MOTION:
Commissioner Peterson MOVED to approve the agenda with the removal of the approval of
minutes; 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 – None
5
2. *APPROVAL OF MINUTES: May 25, 2016
[Clerk’s Note: This item was removed at approval of the agenda.]
3. SCHEDULED PUBLIC COMMENT: (10 Minutes) None scheduled.
4. PERSONS PRESENT NOT SCHEDULED: (3 Minutes) None.
5. CONSIDERATION OF PLATS:
a. PZ16-11 – Preliminary Original Plat of Alaska State Land Survey No. 2013-49, submitted
by State of Alaska, Department of Natural Resources, 550 W. 7th Ave., Suite 650,
Anchorage, AK 99501
City Planner Kelley reviewed his staff report, noting rights-of-way and easements being
incorporated into the plat and also explained that the City was acquiring the property from the
state to provide for future well sites and protection for existing municipal wells which required the
platting process; approval was recommended with the following conditions:
• Further development of the property shall conform to all Federal, State and local
regulations.
• The City Council of the City of Kenai must approve the acceptance of dedication of Rights-
of-Way of north Fern Street and the acceptance of Public Access easement for
Boundbrook Drive and Public Access Road for Shotgun Drive and the 10-foot utility
easement.
• The portion of the lot shown as “Remainder of Govt. Lot 4” shall be shown on the Plat as
having a 33-foot Right of Way of North Fern Street.
• The name of Fern Street shall be changed to North Fern Street to correct the Spelling.
• The City Manager for the City of Kenai must sign the plat acknowledging acceptance by
the City of Kenai of the final plat.
Chair Twait opened and closed the public hearing; there was no one wishing to testify.
MOTION:
Commissioner Fikes MOVED to approve Resolution No. PZ16-11 with staff recommendations
and Commissioner Peterson SECONDED the motion.
It was confirmed that the easement in the middle of the property was to stay.
VOTE:
YEA: Pettey, Glendening, Springer, Peterson, Fikes, Twait, Focose
NAY:
MOTION PASSED UNANIMOUSLY
6. PUBLIC HEARINGS: None.
7. UNFINISHED BUSINESS: None.
6
8. NEW BUSINESS:
a. PZ16-16 – Application for a Transfer of a Conditional Use Permit PZ97-24 (and as
amended by PZ08-61) for a coffee house from Shilo Miller, Transferor, to Mary S. Darling,
Transferee.
City Planner Kelley reviewed his staff report, noting that the transfer meets the requirements of
Kenai Municipal Code 14.20.150(i)(5) and 14.20.158(a); recommended approval subject to the
original conditions set forth on the original permit and the following conditions:
• Compliance with all Federal, State, and Local regulations
• Applicant shall file an annual report for the Conditional Use Permit as set forth in Kenai
Municipal Code 14.20.155.
• If there is a change of use for the above described property, a new Conditional Use Permit
must be obtained, pursuant to KMC 14.20.150(i)(5).
• Applicant shall file a 2015 Annual Report.
MOTION:
Commissioner Peterson MOVED to approve Resolution No. PZ16-16 with staff recommendations
and Commissioner Fikes SECONDED the motion.
Chair Twait opened and closed the public hearing; there was no one wishing to testify.
VOTE ON MOTION:
YEA: Pettey, Glendening, Springer, Peterson, Fikes, Twait, Focose
NAY:
MOTION PASSED UNANIMOUSLY
9. PENDING ITEMS: None.
10. REPORTS:
a. City Council – Council Member Knackstedt reviewed the action agenda from the June 1
Council Meeting which was provided in the packet noting Mackenzie Lindeman was sworn
in as the Student Representative; budget adoption; amendments to Title 2 to include
marijuana license processing; amendments to the Board of Adjustment Appeal process;
confirmation of nomination of Commissioner Glendening to the Kenai Peninsula Borough
Planning Commission.
Commissioner Peterson inquired as to the decision of the Board of Adjustment on the Wagoner
matter; it was noted a ruling hadn’t been issued.
b. Borough Planning – Commissioner Glendening noted the next meeting was to be held on
June 13.
c. Administration – Kelley reported on the following:
7
• Reminded of the upcoming comprehensive plan work session; reviewing final
draft.
• Reminded of the upcoming Air Fair on June 11.
Commissioner Peterson inquired as to the status of the Garrettson’s horse. It was confirmed that
the horse had been replaced and fencing had not been removed; both being violations of the
Conditional Use Permit and was being followed up on.
It was confirmed that Green Rush events was out of compliance with Kenai Municipal Code and
that the City Attorney’s office was handling the situation.
11. PERSONS PRESENT NOT SCHEDULED:
Kristine Schmidt indicated that her office had fielded a complaint regarding the replacement of
the horse; pointed out that the homeowners were out of compliance with the Conditional Use
Permit and asked the City to follow up.
12. INFORMATIONAL ITEMS: None.
13. NEXT MEETING ATTENDANCE NOTIFICATION: June 22, 2016
14. COMMISSION COMMENTS & QUESTIONS:
Commissioner Pettey thanked staff for their work.
15. ADJOURNMENT:
There being no further business before the Commission, the meeting was adjourned at 7:33 p.m.
Minutes prepared and submitted by:
_____________________________
Jamie Heinz, CMC
Deputy City Clerk
8
THIS PAGE INTENTIONALLY LEFT BLANK
STAFF REPORT
To: Planning & Zoning Commission
Date: June 22, 2016 Res: PZ16-18
GENERAL INFORMATION
Applicant: TAY Wild Rose LLC
31878 Del Obispo St. #118-357
San Juan Capistrano, CA 92675
Submitted by: Integrity Surveys, Inc.
820 Set Net Dr.
Kenai, AK 99611
Requested Action: Original Preliminary Subdivision Plat – Wild Rose
Subdivision 2016 Addition
Legal Description: A resubdivision of Lots A1, A2, and A3, Wild Rose
Subdivision Tay Addition, according to Plat No. 2012-55
Street Address: 1385 Barabara Drive; 1401 Barbara Drive; and 1403
Barabara Drive
KPB Parcel No.: 04912089; 04912090; and 04912091
Existing Zoning: RR – Rural Residential
Current Land Use: Residential
Land Use Plan: Rural Residential
ANALYSIS
The new plat reconfigures the existing Lots A1, A2 and A3, which contain
approximately 3.922 acres, into two lots. Lot A4 will be approximately 1.249 and
Lot A5 will be approximately 2.673 acres in size; therefore, both lots will meet the
minimum lot size requirement for the zone of 20,000 square feet. The properties
are zoned Rural Residential. The reconfigured lots meet the minimum lot width
of 90 feet for the Rural Residential zone. Access to the lots will be provided by
Barabara Drive which is a city maintained gravel street. The proposed Lot A5 is
serviced by an existing well and septic system. At such time as the proposed Lot
A4 is developed, a well and septic system must be installed on said lot.
There is a single family residence and attached garage located on Lot A3, Wild
Rose Subdivision Tay Addition. The applicant would like to build a 30 X 40 X 14
accessory structure (detached garage) on Lot A1, Wild Rose Subdivision Tay
Addition. Kenai Municipal Code 14.20.200(b) and (c), provides as follows:
(b) Unoccupied accessory structures may be allowed as a conditional
9
use on a residential parcel that does not have a main building or use of the land
only when the parcel on which the unoccupied accessory structure proposed is
adjacent to and shares a common lot line with a parcel owned by the same
owner and a main building or use is constructed or used on the adjacent parcel.
The conditional use for an unoccupied accessory structure on an adjacent parcel
shall expire upon transfer of either parcel to a third party and all accessory
buildings on adjacent parcels without a main building or main use must be
removed.
(c) Unoccupied accessory structures allowed as a conditional use on
residential parcels adjacent to a parcel owned by the same owner with a main
structure or use of the land shall be limited to structures without a permanent
foundation and less than four hundred (400) square feet.
Since there is not a main structure on Lot A1, and the proposed structure is over
four hundred (400) square feet; it is necessary for the applicant to vacate the
property lines between Lot A1 and Lot A3 so he may construct the proposed
structure on one residential parcel (Lot A5, of the proposed plat of Wild Rose
Subdivision 2016 Addition).
RECOMMENDATIONS
The Planning and Zoning staff recommend approval with the following
requirements:
a. Further development of the property shall conform to all Federal, State
and local regulations.
b. Applicant must obtain a building permit prior to beginning construction of
the detached garage.
c. At such time as Lot A4 is developed or sold, a well and DEC certified
septic system must be installed on said lot.
ATTACHMENTS:
1. Resolution No. PZ16-17
2. Preliminary Plat
3. Application
4. Map
10
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ16-18
SUBDIVISION PLAT
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF
KENAI RECOMMENDING THAT THE ATTACHED SUBDIVISION PLAT BE APPROVED
SUBJECT TO THE FOLLOWING CONDITIONS:
WHEREAS, the attached plat of WILD ROSE SUBDIVISION 2016 ADDITION was
referred to the City of Kenai Planning and Zoning Commission on June 22, 2016, and
received from Integrity Surveys, Inc.; and,
WHEREAS, the City of Kenai Planning and Zoning Commission finds:
1. Plat area is zoned Rural Residential and therefore subject to said zone conditions.
2. Plat does not subdivide property within a public improvement district subject to special
assessments. There is not a delinquency amount owed to the City of Kenai for the
referenced property.
3. Installation agreement or construction of improvements is not required.
4. Status of surrounding land is shown.
5. Utility easements, if required, shall be shown.
6. Surveyor shall verify that no encroachments exist. If an encroachment exists; the plat
does not create nor increase the encroachment.
7. Street names designated on the plat are correct.
8. CONDITIONS:
a. Further development of the property shall conform to all Federal, State and local
regulations.
b. Applicant must obtain a building permit prior to beginning construction of the
detached garage.
c. At such time as Lot A4 is developed or sold, a well and DEC certified septic system
must be installed on said lot.
NOW, THEREFORE, BE IT RESOLVED, THAT THE PLANNING AND ZONING
COMMISSION OF THE CITY OF KENAI RECOMMENDS THE KENAI PENINSULA
BOROUGH PLANNING COMMISSION APPROVE WILD ROSE SUBDIVISION 2016
ADDITION, SUBJECT TO ANY NEGATIVE FINDINGS AS STATED ABOVE.
11
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI,
ALASKA, this 22nd day of June, 2016.
CHAIRPERSON: ATTEST:
Jeff Twait, Chairperson Sandra Modigh, City Clerk
12
THIS PAGE INTENTIONALLY LEFT BLANK
STAFF REPORT
To: Planning & Zoning Commission
Date: June 22, 2016 Res: PZ16-17
GENERAL INFORMATION
Applicant: Deniece and Ronald Isascs
P.O. Box 3526
Kenai, AK 99611
Property Owner Swanson Stephanie & Swanson Suzette Family Trust
C/O Stephanie Swanson Paull
7536 North Saint John Avenue
Portland, OR 97203
Requested Action: Application for a Conditional Use Permit to operate an
approximately 480-square-foot Retail Marijuana Store
and an approximately 498-square-foot Marijuana
Cultivation Facility, Limited, within an existing
approximately 1,630-squre-foot commercial rental
space within an existing approximately 9,332-square
foot commercial building.
Legal Description: Government Lots 19, 20, 21, Section 6, T5N, R11W
Street Address: 11888 Kenai Spur Highway, Suite #3
KPB Parcel No.: 04702001
Existing Zoning: CG – General Commercial
Current Land Use: General Commercial
Land Use Plan: Neighborhood Commercial
ANALYSIS
General Information:
This is an application for the operation a Commercial Marijuana Establishment (CME)
consisting of an approximately 480-square-foot Retail Marijuana Store and an
approximately 498-square-foot Marijuana Cultivation Facility, Limited. The proposed
CME would be located within an existing approximately 1,630-square-foot commercial
rental space (Unit 3) within an existing commercial building, located on an approximately
1.67-acre parcel. The subject parcel is bound by the Kenai Spur Highway and North
Spruce Street to the south and west and First Avenue to the North.
27
Access to the subject parcel is from driveways located on the Kenai Spur Highway and
North Spruce Street. The subject parcel is served by City of Kenai water and sewer.
History
The subject parcel is comprised of three legally separate parcels described as
Government Lots 19, 20 and 21. The existing commercial building is located on
Government Lots 20 and 21 with the property line bisecting it, with the proposed CME
being in Unit 3; located on Government 20.
The subject building was built in 1969 and is approximately 9,332 square feet in size.
The subject building is comprised of 4 individual lease spaces with three of those spaces
being occupied by a restaurant, billiards hall, and a social club.
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 General Commercial (CG), 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, Limited may be
established and operated under a Conditional Use Permit within the General
Commercial Zone. The General Commercial Zone as outlined in KMC 14.20.110 is
intended to provide for an area of concentrated commercial development.
Regulations applying to this zone are designed to encourage a compact group of
businesses of the type which are mutually beneficial and located close enough
together to encourage walk-in trade.
Pursuant to KMC 14.22.010 – Land Use Table, a Retail Marijuana Store and a
Marijuana Cultivation Facility, Limited are allowed as a Conditional Use within the
General Commercial Zoning District. As discussed above, the applicant has applied
for a Conditional Use Permit to establish and operate a Retail Marijuana Store and
Marijuana Cultivation Facility, Limited, within an existing approximately 1,630-
square-foot lease space located within an existing approximately 9,332-square-foot
commercial building located on the subject parcel. Pursuant to the submitted floor
plan, the Retail Marijuana Store would occupy approximately 480 square feet and
the Marijuana Cultivation Facility would occupy approximately 498 square feet. The
remaining, approximately 652 square feet would be used for an office, work room,
bathroom, and storage room.
Given the intent of the General Commercial Zone which encourages a compact
group of businesses of the type which are located close enough together to
encourage walk-in trade a retail business would be appropriate within the zone. The
subject commercial building is a commercial mall, which consists of multiple uses
which are consistent with a walk-in trade retail type business. In addition, further to
the east of the subject parcel is the Salvation Army retail store, which also serves as
a walk-in trade retail business, which is consistent with the General Commercial
Zoning District.
28
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 neighborhood. Therefore, impacts to the
surrounding 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 intent of KMC 14.20.150 and the intent of the General
Commercial Zoning District with respect to the proposed use as a CME, given
compliance with staff recommended specific conditions.
(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, Limited may be established in the General 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.
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 Odor the applicant has indicated that they will implement an Odor Control
Plan. The Odor Control Plan will consist of carbon filters and Ona Gel. Pursuant to
the submitted application materials the use of Ona Gel in combination with charcoal
filters results in a clean, fresh smell which neutralizes odors that would be detectable
by the public from outside the CME or in the adjacent retail lease spaces.
With regards to visual impacts and auditory impacts of the proposed CME, pursuant
to the submitted application materials, the applicants would have a secure store
front. They propose to obscure the windows and front doors with a security gate to
restrict unauthorized access. Furthermore, they plan to install plate glass to further
secure the front windows. Access to the proposed CME would only be allowed by
those persons who are 21 years of age or older.
29
In addition, the rear entrance to the CME would be secured with a steel door and
security bar, to restrict access. Pursuant to the submitted application, the applicants
do not plan to enlarge the lease space or otherwise add onto the existing building,
therefore, a Landscape Site Plan, pursuant to KMC 14.25.020 would not be required.
With regards to off-street parking, KMC 14.20.250(8) details the parking
requirements for a Retail Store and a Nursery or Greenhouse. Pursuant to KMC
14.20.250(8), “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.
A Landscape Site Plan will not be required, because the proposed use is not a
change of use and the existing commercial building is currently landscaped.
However, in order to verify that the proposed CME would meet the off-street parking
requirements of 2-spaces for the Retail Store Marijuana Store and 1-space for the
Marijuana Cultivation Facility, Limited, staff will require the submission of a parking
plan prior to operation of the CME.
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.
(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 existing
commercial building, which was built in 1969 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. 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;
30
The proposed use is to establish and operate a Commercial Marijuana
Establishment consisting of an approximately 480-square-foot Retail Marijuana Store
and an approximately 498-square-foot Marijuana Cultivation Facility, Limited. The
proposed CME would be located within an existing approximately 1,630-square-foot
rental space, located on an approximately 1.67-acre parcel. 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 Limited 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 consumption of Marijuana and Marijuana Products within the
proposed Retail Marijuana Store, 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.
With regards to buffer distances as discussed in KMC 14.20.330(f)(1), staff feels that
the proposed CME would be located within 500 feet of the outer boundaries of two
Recreation and Youth Centers. Pursuant to KMC 14.20.320 – Definitions, a
“Recreation or Youth Center” is defined as: “a building, structure, athletic playing
field, or playground, run or created by a local government or the state to provide
athletic, recreation, or leisure activities for minors, or operated by a public or private
organization, licensed to provide shelter, training, or guidance for persons under 21
years of age”. According to the City of Kenai’s Geographic Information System (GIS)
there are baseball fields which are operated by the City of Kenai located on South
Spruce Street. Furthermore, located on Main Street Loop and further bound by First
Avenue and Birch Street are softball fields which are operated by the City of Kenai.
On South Spruce Street, the baseball fields are located on 12 legally separate
Government Lots. Government Lot Number 86 which is located south of
Government Lot 62 contains a portion of the closest baseball filed to the proposed
CME.
31
Pursuant to the submitted application materials, the applicants have submitted a
survey which shows that the proposed CME would be located approximately 505 feet
from the north eastern corner of the grass area directly adjacent to South Spruce
Street. In discussions with the applicants, they have indicated that the outer
boundary of the baseball field would be this corner because that is the closest
entrance and parking area to the baseball fields. Pursuant to KMC 14.20.330(f)(2),
buffer distances are measured from the closest exterior wall of the CME to the outer
boundaries of the Recreation or Youth Center. In this case, it is the understanding of
staff that this measurement would be taken from the front door of the proposed CME,
to the property line northeastern corner of Government Lot 86; which is
approximately 455 feet. This understanding is being based on the intention and
discussion with the Council of the City Kenai that was given during the public hearing
for Ordinance No. 2870-2016 on January 20, 2016 that the outer boundaries of
Schools would be the property line. This is because these types of uses often
include grass areas, out buildings and other appurtenances which make up school
grounds. Given this, it is recommended that the outer boundaries of an athletic
playing field also be the property lines given that they can be clearly defined. Athletic
playing fields contain grass areas and other appurtenances which vary in their
placement and can sometimes change depending on the season or user
requirements. Whereas, property lines do not change unless the parcel is re-plated,
which therefore allows for buffer measurements to remain consistent for all athletic
fields.
Given the above discussion, with regards to the softball fields located on Main Street
Loop and further bound by First Avenue to the north, Cohoe Avenue to the south and
Birch Street to the west. The parcel on which the softball fields are located extends
to and is bound by a portion of Birch Street. This is due to the Right-of-Way for Coral
Street, not connecting completely with First Avenue. Therefore, a buffer
measurement from the proposed CME to the subject most western property line of
this parcel is approximately 438 feet. Conversely, a similar measurement as
provided by the applicants and as shown in the City’s GIS would be approximately
1,436 feet from the proposed CME to closet entrance to the Recreation or Youth
Center.
Recommendation to deny the Conditional Use Permit application:
Thus, given the above discussion with regards to buffers and pursuant to KMC
14.20.330(f)(2), staff believes that this finding cannot be made and that the proposed
Commercial Marijuana Establishment consisting of an approximately 480-square-foot
Retail Marijuana Store and an approximately 498-square-foot Marijuana Cultivation
Facility, Limited would be harmful to the public safety, health, or welfare. Staff
therefore recommends that the Planning and Zoning Commission deny the proposed
Conditional Use Permit application without prejudice.
Recommendation to approve the Conditional Use Permit application:
Given the above discussion with regards to buffers and pursuant to KMC
14.20.330(f)(2), should the Planning and Zoning Commission wish to find that the
proposed Commercial Marijuana Establishment consisting of an approximately 480-
square-foot Retail Marijuana Store and an approximately 498-square-foot Marijuana
Cultivation Facility, Limited, would not be harmful to the public safety, health, or
welfare, staff would like to make the following finding recommendation.
32
The Planning and Zoning finds that the proposed Commercial Marijuana
Establishment, consisting of an approximately 480-square-foot Retail Marijuana
Store and an approximately 498-square-foot Marijuana Cultivation Facility, Limited
would not be harmful to the public safety, health, or welfare and that is complies with
buffer distance requirements outlined in Kenai Municipal Code Section
14.20.330(f)(2) because it lies approximately 505 feet from the Recreation or Youth
Center (Baseball Fields) located on South Spruce Street and it lies approximately
1,436 feet from the Reaction or Youth Center (Softball Fields) located on Main Street
Loop and further bound by First Avenue to the north, Cohoe Avenue to the south and
Birch Street to the west. The Planning and Zoning Commission interprets Kenai
Municipal Code Section 12.20.330(f)(2) to mean that buffer distances to Recreation
or Youth Centers be measured from the outer boundaries of the facility and not the
property line.
(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. A building permit will be required for the construction of the Commercial
Marijuana Establishment as shown on the submitted floor plan.
3. Prior to issuance of the Building Permit, the applicant shall submit a site plan
which shows the location of 3 off-site parking spaces which serve the
Commercial Marijuana Establishment.
4. Prior to operation of the Retail Marijuana Store and/or the Marijuana Cultivation
Facility, Limited, the property owner shall submit a copy of the approved and fully
executed license for the Retail Marijuana Store and the Marijuana Cultivation
Facility, Limited. The applicant 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 applicant shall submit
an Annual Report to the City of Kenai.
33
RECOMMENDATIONS
Based on the application and a review of the criteria required to approve the permit, it is
the recommendation of staff that the proposed Conditional Use Permit application be
denied without prejudice because it does not comply with Kenai Municipal Code Section
14.20.330.
Should the Planning and Zoning Commission wish to approve the Conditional Use
Permit and make the following finding: The Planning and Zoning finds that the proposed
Commercial Marijuana Establishment, consisting of an approximately 480-square-foot
Retail Marijuana Store and an approximately 498-square-foot Marijuana Cultivation
Facility, Limited would not be harmful to the public safety, health, or welfare and that is
complies with buffer distance requirements outlined in Kenai Municipal Code Section
14.20.330(f)(2) because it lies approximately 505 feet from the Recreation or Youth
Center (Baseball Fields) located on South Spruce Street and it lies approximately 1,436
feet from the Reaction or Youth Center (Softball Fields) located on Main Street Loop and
further bound by First Avenue to the north, Cohoe Avenue to the south and Birch Street
to the west. The Planning and Zoning Commission interprets Kenai Municipal Code
Section 12.20.330(f)(2) to mean that buffer distances to Recreation or Youth Centers be
measured from the outer boundaries of the facility and not the property line.
Staff recommends the following conditions:
The issuance of the Conditional Use Permit shall be conditioned upon the following:
1. Further development of the property shall conform to all Federal, State, and local
regulations.
2. A building permit will be required for the construction of the Commercial
Marijuana Establishment as shown on the submitted floor plan.
3. Prior to issuance of the Building Permit, the applicant shall submit a site plan
which shows the location of 3 off-site parking spaces which serve the
Commercial Marijuana Establishment.
4. Prior to operation of the Retail Marijuana Store and/or the Marijuana Cultivation
Facility, Limited, the applicant shall submit a copy of the approved and fully
executed license for the Retail Marijuana Store and the Marijuana Cultivation
Facility, Limited. The applicant 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 applicant shall submit
an Annual Report to the City of Kenai.
34
ATTACHMENTS:
1. Resolution No. PZ16-17
2. Ordinance No. 2870-2016
3. Ordinance No. 2868-2015
4. Application
5. Supplemental Application Information
6. Site Plan
7. Map
35
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ16-17
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 480-SQUARE-FOOT RETAIL MARIJUANA STORE AND AN
APPROXIMATELY 498-SQUARE-FOOT MARIJUANA CULTIVATION FACILITY,
LIMITED, WITHIN AN EXISTING APPROXIMATELY 1,630-SQUARE-FOOT
COMMERCIAL RENTAL SPACE WITHIN AN EXISTING APPROXIMATELY 9,332-
SQUARE-FOOT COMMERCIAL BUILDING.
APPLICANT: Deniece and Ronald Isascs
PROPERTY ADDRESS: 11888 Kenai Spur Highway, Suite #3 Kenai, AK 9611
LEGAL DESCRIPTION: Government Lots 19, 20, 21, Section 6, T5N, R11W
KENAI PENINSULA BOROUGH PARCEL NO: 04702001
WHEREAS, an application meeting the requirements of Section 14.20.150 has been
submitted and received on May 24, 2016; and,
WHEREAS, the application affects land which is zoned as General Commercial (CG); 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 June 22, 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.
210 Fidalgo Avenue, Kenai, Alaska 99611-7794
Telephone: 907-283-7535 / Fax: 907-283-3014
www.kenai.city
36
Resolution No. PZ16-06 Conditional Use Permit
Page | 2
The subject parcel is zoned General Commercial (CG), 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, Limited may be
established and operated under a Conditional Use Permit within the General
Commercial Zone. The General Commercial Zone as outlined in KMC 14.20.110 is
intended to provide for an area of concentrated commercial development.
Regulations applying to this zone are designed to encourage a compact group of
businesses of the type which are mutually beneficial and located close enough
together to encourage walk-in trade.
Pursuant to KMC 14.22.010 – Land Use Table, a Retail Marijuana Store and a
Marijuana Cultivation Facility, Limited are allowed as a Conditional Use within the
General Commercial Zoning District. As discussed above, the applicant has applied
for a Conditional Use Permit to establish and operate a Retail Marijuana Store and
Marijuana Cultivation Facility, Limited, within an existing approximately 1,630-
square-foot lease space located within an existing approximately 9,332-square-foot
commercial building located on the subject parcel. Pursuant to the submitted floor
plan, the Retail Marijuana Store would occupy approximately 480 square feet and
the Marijuana Cultivation Facility would occupy approximately 498 square feet. The
remaining, approximately 652 square feet would be used for an office, work room,
bathroom, and storage room.
Given the intent of the General Commercial Zone which encourages a compact
group of businesses of the type which are located close enough together to
encourage walk-in trade a retail business would be appropriate within the zone. The
subject commercial building is a commercial mall, which consists of multiple uses
which are consistent with a walk-in trade retail type business. In addition, further to
the east of the subject parcel is the Salvation Army retail store, which also serves as
a walk-in trade retail business, which is consistent with the General Commercial
Zoning District.
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 neighborhood. Therefore,
impacts to the surrounding 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 intent of KMC 14.20.150 and the intent of the General
Commercial Zoning District with respect to the proposed use as a CME, given
compliance with staff recommended specific conditions.
37
Resolution No. PZ16-06 Conditional Use Permit
Page | 3
B. 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, Limited may be established in the General 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.
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 Odor the applicant
has indicated that they will implement an Odor Control Plan. The Odor Control Plan will
consist of carbon filters and Ona Gel. Pursuant to the submitted application materials the
use of Ona Gel in combination with charcoal filters results in a clean, fresh smell which
neutralizes odors that would be detectable by the public from outside the CME or in the
adjacent retail lease spaces.
With regards to visual impacts and auditory impacts of the proposed CME, pursuant to the
submitted application materials, the applicants would have a secure store front. They
propose to obscure the windows and front doors with a security gate to restrict
unauthorized access. Furthermore, they plan to install plate glass to further secure the
front windows. Access to the proposed CME would only be allowed by those persons who
are 21 years of age or older.
In addition, the rear entrance to the CME would be secured with a steel door and security
bar, to restrict access. Pursuant to the submitted application, the applicants do not plan to
enlarge the lease space or otherwise add onto the existing building, therefore, a
Landscape Site Plan, pursuant to KMC 14.25.020 would not be required.
With regards to off-street parking, KMC 14.20.250(8) details the parking requirements for a
Retail Store and a Nursery or Greenhouse. Pursuant to KMC 14.20.250(8), “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. A Landscape Site Plan will not be required,
because the proposed use is not a change of use and the existing commercial building is
currently landscaped.
38
Resolution No. PZ16-06 Conditional Use Permit
Page | 4
However, in order to verify that the proposed CME would meet the off-street parking
requirements of 2-spaces for the Retail Store Marijuana Store and 1-space for the
Marijuana Cultivation Facility, Limited, staff will require the submission of a parking plan
prior to operation of the CME.
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.
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 existing
commercial building, which was built in 1969 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. 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 480-square-foot Retail Marijuana Store and an
approximately 498-square-foot Marijuana Cultivation Facility, Limited. The proposed CME
would be located within an existing approximately 1,630-square-foot rental space, located
on an approximately 1.67-acre parcel. 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 Limited
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.
39
Resolution No. PZ16-06 Conditional Use Permit
Page | 5
With regards to consumption of Marijuana and Marijuana Products within the proposed
Retail Marijuana Store, 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.
With regards to buffer distances as discussed in KMC 14.20.330(f)(1), staff feels that the
proposed CME would be located within 500 feet of the outer boundaries of two Recreation
and Youth Centers. Pursuant to KMC 14.20.320 – Definitions, a “Recreation or Youth
Center” is defined as: “a building, structure, athletic playing field, or playground, run or
created by a local government or the state to provide athletic, recreation, or leisure
activities for minors, or operated by a public or private organization, licensed to provide
shelter, training, or guidance for persons under 21 years of age”. According to the City of
Kenai’s Geographic Information System (GIS) there are baseball fields which are operated
by the City of Kenai located on South Spruce Street. Furthermore, located on Main Street
Loop and further bound by First Avenue and Birch Street are softball fields which are
operated by the City of Kenai. On South Spruce Street, the baseball fields are located on
12 legally separate Government Lots. Government Lot Number 86 which is located south
of Government Lot 62 contains a portion of the closest baseball filed to the proposed CME.
Pursuant to the submitted application materials, the applicants have submitted a survey
which shows that the proposed CME would be located approximately 505 feet from the
north eastern corner of the grass area directly adjacent to South Spruce Street. In
discussions with the applicants, they have indicated that the outer boundary of the baseball
field would be this corner because that is the closest entrance and parking area to the
baseball fields. Pursuant to KMC 14.20.330(f)(2), buffer distances are measured from the
closest exterior wall of the CME to the outer boundaries of the Recreation or Youth Center.
In this case, it is the understanding of staff that this measurement would be taken from the
front door of the proposed CME, to the property line northeastern corner of Government
Lot 86; which is approximately 455 feet. This understanding is being based on the
intention and discussion with the Council of the City Kenai that was given during the public
hearing for Ordinance No. 2870-2016 on January 20, 2016 that the outer boundaries of
Schools would be the property line. This is because these types of uses often include
grass areas, out buildings and other appurtenances which make up school grounds. Given
this, it is recommended that the outer boundaries of an athletic playing field also be the
property lines given that they can be clearly defined. Athletic playing fields contain grass
areas and other appurtenances which vary in their placement and can sometimes change
depending on the season or user requirements.
40
Resolution No. PZ16-06 Conditional Use Permit
Page | 6
Whereas, property lines do not change unless the parcel is re-plated, which therefore
allows for buffer measurements to remain consistent for all athletic fields.
Given the above discussion, with regards to the softball fields located on Main Street Loop
and further bound by First Avenue to the north, Cohoe Avenue to the south and Birch
Street to the west. The parcel on which the softball fields are located extends to and is
bound by a portion of Birch Street. This is due to the Right-of-Way for Coral Street, not
connecting completely with First Avenue. Therefore, a buffer measurement from the
proposed CME to the subject most western property line of this parcel is approximately 438
feet. Conversely, a similar measurement as provided by the applicants and as shown in
the City’s GIS would be approximately 1,436 feet from the proposed CME to closet
entrance to the Recreation or Youth Center.
Recommendation to deny the Conditional Use Permit application:
Thus, given the above discussion with regards to buffers and pursuant to KMC
14.20.330(f)(2), staff believes that this finding cannot be made and that the proposed
Commercial Marijuana Establishment consisting of an approximately 480-square-foot
Retail Marijuana Store and an approximately 498-square-foot Marijuana Cultivation Facility,
Limited would be harmful to the public safety, health, or welfare. Staff therefore
recommends that the Planning and Zoning Commission deny the proposed Conditional
Use Permit application without prejudice.
The Planning and Zoning finds that the proposed Commercial Marijuana Establishment,
consisting of an approximately 480-square-foot Retail Marijuana Store and an
approximately 498-square-foot Marijuana Cultivation Facility, Limited would not be harmful
to the public safety, health, or welfare and that is complies with buffer distance
requirements outlined in Kenai Municipal Code Section 14.20.330(f)(2) because it lies
approximately 505 feet from the Recreation or Youth Center (Baseball Fields) located on
South Spruce Street and it lies approximately 1,436 feet from the Reaction or Youth Center
(Softball Fields) located on Main Street Loop and further bound by First Avenue to the
north, Cohoe Avenue to the south and Birch Street to the west. The Planning and Zoning
Commission interprets Kenai Municipal Code Section 12.20.330(f)(2) to mean that buffer
distances to Recreation or Youth Centers be measured from the outer boundaries of the
facility and not the property line.
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. A building permit will be required for the construction of the Commercial Marijuana
Establishment as shown on the submitted floor plan.
41
Resolution No. PZ16-06 Conditional Use Permit
Page | 7
3. Prior to issuance of the Building Permit, the applicant shall submit a site plan which
shows the location of 3 off-site parking spaces which serve the Commercial Marijuana
Establishment.
4. Prior to operation of the Retail Marijuana Store and/or the Marijuana Cultivation Facility,
Limited, the applicant shall submit a copy of the approved and fully executed license for
the Retail Marijuana Store and the Marijuana Cultivation Facility, Limited. The
applicant 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
480-SQUARE-FOOT RETAIL MARIJUANA STORE AND AN APPROXIMATELY 498-
SQUARE-FOOT MARIJUANA CULTIVATION FACILITY, LIMITED, COMMERCIAL
RENTAL SPACE WITHIN AN EXISTING APPROXIMATELY 9,332-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 22nd day of June, 2016.
_______________________________________
Jeff Twait, Chairperson
ATTEST:
_______________________________________
Sandra Modigh, City Clerk
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
82
83
KEN
A
I
S
P
U
R
H
W
Y
S
S
P
R
U
C
E
S
T
BIRCH
S
T
N
S
P
R
U
C
E
S
T
455
F
e
e
t
455
F
e
e
t
COH
O
E
A
V
E
COR
A
L
S
T
COR
A
L
S
T
C
O
H
O
E
A
V
E
FIRST AVE
BI
R
C
H
S
T
MAIN
S
R
E
E
T
L
O
O
P
R
D
MAI
N
S
T
R
E
E
T
L
O
O
P
R
D
FIRST AVE
K
E
N
A
I
S
P
U
R
H
W
Y
COR
A
L
S
T
C
O
H
O
E
A
V
E
BIRCH
S
T
MAI
N
S
T
R
E
E
T
L
O
O
P
R
D
1,436
F
e
e
t
1,436
F
e
e
t
Front Door of Proposed Commercial Marijuana Establishment
Propety Line
Government Lot 62
Government Lot 86
Propety Line
PZ16-17 Proposed Commercial Marijuana Establishment Buffers
438 Feet438 Feet
84
THIS PAGE INTENTIONALLY LEFT BLANK
85
86
87
88
89
KENAI PENINSULA BOROUGH PLANNING COMMISSION
GEORGE A. NAVARRE ADMINISTRATION BUILDING
ASSEMBLY CHAMBERS
144 NORTH BINKLEY STREET
SOLDOTNA, ALASKA 99669
June 13, 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. Foothills Sub Sunset View Estates Addn. No 2 ........................... 2
KPB File 2006-004; [Imhoff/Sunset View Estates LLC]
Location: City of Homer
b. Marriott Subdivision Steadman Addition & Vacation ................. 10
of Harbin Ave ROW
KPB File 2002-05; [Whitford/Cole, Habermann]
Location: Off of Steadman St. in Sterling
c. Krogseng Subdivision ................................................................ 14
KPB File 2011-145; [Segesser/Krogseng]
Location: Island Lake, Nikiski
d. Ptarmigan Estates Subdivision Struthers Addition ................... 19
KPB File 2012-140; [Segesser/Struthers]
Location: Off Zenith Street in Sterling
e. Kee’s Tern .................................................................................. 24
KPB File 2013-023; [Segesser/Martin]
Location: City of Kenai
f. Homer East End Road Kachemak Drive to Waterman .............. 30
Road ROW
KPB File 2010-019; [SOA-DOT/LeQuire, Boneta]
Location: City of Homer & City of Kachemak
*2. Planning Commission Resolutions
a. SN 2016-06; Renaming certain public Rights-of-Way ............... 34
within Sections 37, 33, 34, T4S, R15W, SM, AK; within
ESN 401; Renaming certain Public Rights-of-Way within
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
90
Section 15, T4N, R11W, SM, AK; within ESN 302;
Renaming certain Public Rights-of-Way within Section
36, T4N, R12W, SM, AK; within ESN 302; Renaming
certain Public Rights-of-Way within Section 17, T5N,
R8W, SM, AK; within ESN 302; Renaming certain Public
Rights-of-Way within Sections 10 & 19, T5N, R10W; SM,
AK; within ESN 302; Renaming certain Public Rights-of-
Way within Section 27, T5N, R11W, SM, AK; within ESN
302; and Renaming certain Public Rights-of-Way within
S8, T7N, R11W, SM, AK; within ESN 501
*3. Plats Granted Administrative Approval ................................................... 46
*4. Plats Granted Final Approval (20.10.040) - None
*5. Plat Amendment Request
a. Hayward Hill Subdivision No.5 ................................................... 50
KPB File 2015-044
[Segesser /Alaska Homesteaders, Inc,
Kenai Spur Investments, LLC]
Recording No. KN 2016-15
Location: Off the Kenai Spur Highway / City of Soldotna
*6. Utility Easement Vacations
a. Notice is hereby given that an application to ............................. 54
vacate a utility easement in the Kalifornsky area has
been received by the Planning Department of the Kenai
Peninsula Borough. Location: Vacate the entire 200
feet of the 20-foot wide utility easement centered along
the interior lot line between Lot 36 and Lot 37, granted
by Diamond Willow Estates Subdivision Part 9 (Plat KN
2005-5); Located within the NW ¼ of Section 24,
Township 5 North, Range 11 West, Seward Meridian,
Alaska, within the Kenai Peninsula Borough. KPB File
2016-054. Purpose as stated in petition: Removing the
lot line and combining lots adjacent to the easement will
make better use of the property. Petitioner(s): Gregory
and Emanuela Pokryfki of Kenai, Alaska.
*7. Commissioner Excused Absences
a. Cindy Ecklund, City of Seward
*8. Minutes
a. May 23, 2016 Plat Committee Minutes
b. May 23, 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
E. UNFINISHED BUSINESS
Paul Whitney
PC Member
City of Soldotna
Term Expires 2017
Max J. Best
Planning Director
Mike Navarre
Borough Mayor
91
F. PUBLIC HEARINGS
1. Public notice is hereby given that a petition has been received ............. 66
to vacate a public right-of-way in Kachemak City. Area under
consideration is described as follows: Location and request:
Vacate the north 97 feet of the 60-ft wide (154 feet long) Lazy
Street right-of-way as dedicated on Joy Joy’s House, plat HM 79-
11. The unconstructed right-of-way being vacated is located
within the SE ¼ SW ¼ of S1, T06S, R13W, SM, within
Kachemak City, and within the Kenai Peninsula Borough,
Alaska. File 2016-051. Purpose as stated in petition:
Petitioners state that: 1) the right-of-way has not been
constructed; 2) a new right-of-way is being dedicated, providing
connection from Tract A-1 to East End Road; 3) the portion of
Lazy Street to be vacated is no longer needed; and 4) the
owners wish to use the land for different purposes. Petitioner(s):
Alan R. Turkington of Homer, AK.
2. Public notice is hereby given that a petition has been received ............. 79
to vacate two access easements and a corporate utility
easement in the City of Seward. Area under consideration is
described as follows: Location and request: Vacate two access
easements as shown by plat note on Fourth of July Creek
Tracts, plat SW 84-6, described as follows: “There shall be
reserved within Tract ‘E’ (2) access easements of 100.00-foot
width each. Said easements shall be located at such time the
ultimate requirements of the Fourth of July Creek development is
determined”. Vacate a blanket utility easement as granted by
Book 42, page 869, Seward recording district, described as ”an
easement for sewer, water, electric and other public utilities,
above, across and beneath the Spring Creek correctional site
located on Parcel A, according to plat No. 84-12, and Tract E,
Fourth of July Creek Tracts, according to plat 84-6”. The
locations of some easements are shown on Record of Survey
Plat SW 97-13. Utility locations and travel way access routes are
depicted on Record of Survey Plat SW 2012-11. All requested
vacations are located within S7, 8, 17, & 18, T01S, R01E, SM,
City of Seward, AK & within the KPB. File 2016-059. Purpose as
stated in petition: Existing access and corporate utility easement
locations are not sufficiently described to be physically located.
The area of this vacation is being replatted and platted
easements are being dedicated to all existing utilities. All vacated
easements are being replaced with location and use-specific
platted easements. Petitioner(s): James Hunt, City Manager for
the City of Seward
3. Resolution 2016-___: Authorizing the Borough to enter into .................. 88
a One-Year lease agreement with Four One-Year renewal
options with SeaView Community Services for the occupancy of
the Borough’s Annex Office in Seward
4. Resolution 2016-___; Authorizing the Borough to enter into .................. 99
a One-Year lease agreement with Four One-Year renewal
options with SeaView Community Services for the occupancy of
the Seward Bear Creek Flood Service Area in Seward
92
5. Resolution 2016-20; Authorizing a Negotiated Lease at ...................... 110
Less Than Fair Market Value with SAH Soccer, Inc. dba Soccer
Association of Homer of Approximately 3.5 Acres of Borough
Land Adjacent to the Homer Middle School for the Development,
Management and Maintenance of a Year-Round Indoor Field
AKA “South Peninsula Athletic and Recreation Center
6. The State has notified the Borough of the following applications for
marijuana establishments. The Borough will hold a public hearing prior to
providing comments to the State on these applications. The following
applicants wish to obtain a license from the Alaska Marijuana Control
Board for a marijuana cultivation facility.
a. Applicant: Alaska Bud Brothers Aerogardens LLC; ............... 130
Landowner: James Gossman; Parcel #133-511-06;
Legal Description: Tract B, Fort Morgan Subdivision
Addn 1; according to Plat 83-23, Kenai Recording
District. Location: 22720 Yukon Road, Kasilof area.
b. Applicant: Budding Alaska LLC; Landowner: ...................... 205
Frostbite Lease Services LLC; Parcel #145-070-01;
Legal Description: That portion of the west 198 feet of
Government Lot 6 lying south of Old Nash Road within
Section 35, Township 1 North, Range 1 West, Seward
Meridian. Location: 32273 Old Nash Road; Seward
area.
c. Applicant: Croy’s Enterprises LLC; Landowner: ................... 247
James Michael Harris; Parcel #058-290-15; Legal
Description: Lot 2A1, Robinette Commercial
Subdivision #3, according to Plat 2011-39, Kenai
Recording District, State of Alaska. Location: 36130
Pine St, Soldotna area.
d. Applicant: Greatland Ganga LLC; Landowner:.................... 301
Glen Creek Group LLC; Parcel #133-280-29; Legal
Description: Lot 3, Spruce Hills Subdivision, William E.
Dam Sr. 1984 Addition, according to Plat 85-43, Kenai
Recording District, State of Alaska. Location: 56475
Sterling Highway (east side of highway near milepost
108), Kasilof area.
e. Applicant: Peace Frog Botanicals, LLC; Landowner: .......... 368
Jeffrey D Phelps; Parcel #013-590-05; Legal
Description: Lot 2, Block 1, Hershberger Subd No. 2,
according to Plat 81-76, Kenai Recording District.
Location: 47459 Lakeside Street, Nikiski area.
f. Applicant: Permafrost Distributors; Landowner: ................... 417
Chase R. Griffith; Parcel #012-260-10 & 012-260-11;
Legal Description: Lot 10 & Lot 11, Block 1, Field
Subdivision 2, according to Plat 1541, Kenai Recording
District. Location: 54200 Leonard Drive, Nikiski area.
g. Applicant: Stoney Creek Growers, LLC; Landowner: .......... 462
Ryan J. Anger; Parcel #125-410-59; Legal Description:
93
Lot 24, Block 2, Questa Woods Subdivision No. 4,
according to Plat 95-18, Seward Recording District.
Location: 33485 Vinewood Lane; Bear Creek area.
h. Applicant: Talisman Farms; Landowner: .............................. 511
Omar John Gucer; Parcel #173-680-21; Legal
Description: Lot 2A, Bakke Subdivision No. 2,
according to Plat 86-48, Homer Recording District.
Location: 62250 Crossman Ridge Road, Homer area.
i. Applicant: Green Rush Gardens LLC; Landowner: ............. 548
Ryan J. Geller; Parcel #063-800-04; Legal Description:
Lot 3, Block 3, Weaver Subdivision Part One, according
to Plat 82-2, Kenai Recording District. Location: 38827
Twin Road, Sterling area.
7. Ordinance 2016-___; Amends KPB 2.40, Planning ............................. 607
Commission Membership & Appointment
G. ANADROMOUS WATERS HABITAT PROTECTION DISTRICT (21.18)
1. Conditional Use Permit to install 500 cubic yards of class 3 ................ 614
and class 4 riprap stone onto and adjacent to the riverbank
within the 50 foot Habitat Protection District of the Funny River
near the confluence of the Funny and Kenai Rivers. This project
is located on the left bank of the Funny River at River Mile 1 near
the confluence of the Funny and Kenai Rivers, Clearwater
Subdivision, Section 28, T5N, R9W, SM, AK, Parcel #066-350-
12). Petitioner: Clearwater Homeowners Association, James
Harpring (Agent), Anchorage, Alaska 99508
H. VACATIONS NOT REQUIRING A PUBLIC HEARING - None
I. SPECIAL CONSIDERATIONS
1. Arctic Moon Lot 4 Building Setback Exception ..................................... 670
KPB 2016-062; Petitioner: Lindsey Bryant
J. SUBDIVISION PLAT PUBLIC HEARINGS
1. The Plat Committee is scheduled to review 7 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
94
MISCELLANEOUS INFORMATIONAL ITEMS
NO ACTION REQUIRED
1. Kenai Planning & Zoning Commission Minutes ................................................. 685
- May 11, 2016
NEXT REGULARY SCHEDULED PLANNING COMMISSION MEETING
The next regularly scheduled Planning Commission meeting will be held Monday, June 27,
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
website: 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 July 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.
95
KENAI PENINSULA BOROUGH PLAT COMMITTEE
GEORGE A. NAVARRE ADMINISTRATION BUILDING
ASSEMBLY CHAMBERS
144 NORTH BINKLEY STREET
SOLDOTNA, ALASKA 99669
6:00 p.m. June 13, 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
a. Cindy Ecklund, City of Seward
3. Minutes
a. May 23, 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. Kachemak Estates 15 ............................................................................... 2
KPB File 2016-052
[Orion Surveys / Trust Agreement of Robert B. Turkington and Trust
Agreement of Carolyn R. Turkington]
Location: Off of East End Road in Kachemak City
Kachemak Bay APC
2. Spring Creek Correctional Facility Site Replat No. 1 .............................. 35
KPB File 2016-060
[Cline / City of Seward]
Location: Off of Bette Cato Ave; City of Seward
3. Forest Acres Subdivision Levee Replat No. 2 ........................................ 91
Revised Preliminary Plat
KPB File 2015-113
[Cline / University of Alaska, City of Seward, Lemme]
Location: South of the Resurrection River, adjoining Dieckgraeff Road
and Dimond Blvd; City of Seward
4. Halcyon Villas........................................................................................ 168
KPB File 2016-061
[Karabelnikoff / Harmon]
Location: Off of Redoubt Ave; City of Soldotna
5. Douglas Lake Subdivision 2016 Addition ............................................. 198
KPB File 2016-063
MEMBERS:
JoAnne Collins
Anchor Point / Ninilchik
Term Expires 2016
Cindy Ecklund
City of Seward
Term Expires 2017
James Glendening
City of Kenai
Term Expires 2016
James Isham
Sterling
Term Expires 2018
ALTERNATES:
Robert Ernst
Northwest Borough
Term Expires 2017
Harry Lockwood
Ridgeway
Term Expires 2016
Franco Venuti
City of Homer
Term Expires 2016
96
[Integrity / Nash]
Location: Off of Douglas Ln in Nikiski
6. Meeks Subdivision Davison Replat ...................................................... 212
KPB File 2016-065
[Integrity / Davison]
Location: Off of Irish Hills Ave in Kalifornsky
7. Hillstrand Subdivision ............................................................................ 232
KPB File 2016-064
[Fineline / Hillstrand]
Location: MP 164 of the Sterling Highway in Anchor Point
Anchor Point APC
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, June 27,
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
97
98
99
100
101
102
103
104
105
106
107
108
THIS PAGE INTENTIONALLY LEFT BLANK
109