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HomeMy WebLinkAbout2016-06-22 Planning & Zoning MinutesCITY OF KENAI PLANNING & ZONING COMMISSION CITY COUNCIL CHAMBERS JUNE 22, 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, G. Pettey, D. Fikes, J. Glendening, and J. Focose 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 Springer MOVED to approve the agenda with the addition of the items provided as a laydown; Commissioner Pettey SECONDED the motion. There were no objections; SO ORDERED. d. Consent Agenda MOTION: Commissioner Fikes MOVED to approve the consent agenda; Commissioner Glendening 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 — K. Peterson 2. *APPROVAL OF MINUTES: May 25, 2016 & June 8, 2016 Minutes were approved by the consent agenda. 3. SCHEDULED PUBLIC COMMENT: (10 Minutes) None scheduled. 4. PERSONS PRESENT NOT SCHEDULED: (3 Minutes) None. 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. City Planner Kelley reviewed his staff report recommending approval with the following conditions: • Further development of the property shall conform to all Federal, State and local regulations. Applicant must obtain a building permit prior to beginning construction of the detached garage. At such time as Lot A4 is developed or sold, a well and DEC certified septic system must be installed on said lot. MOTION: Commissioner Springer MOVED to approve Resolution No. PZ16 -18 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: YEA: Pettey, Glendening, Springer, Fikes, Twait, Focose NAY: MOTION PASSED UNANIMOUSLY. The Commission took a brief at ease to allow the City Planner to access the GIS system to provide a visual of the measurements outlined in the meeting material for PZ16 -17. 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. City Planner Kelley reviewed his staff report provided in the packet. Staff recommended the Planning and Zoning Commission Meeting June 22, 2016 Page 2 Commission deny the permit based on the baseball fields on Government Lot 86, located within the 500 foot buffer zone required by Kenai Municipal Code 14.20.330(f)(2). Its outer boundary was determined by the property line located east of the centerline of South Spruce Street. The measurement from the closest exterior wall of the proposed Commercial Marijuana Establishment was approximately 455 ft. It was noted that the nearby church met the buffering distance required by Code and wasn't hindering the permit application. MOTION: Commissioner Glendening MOVED to approve Resolution No. PZ16 -17 with staff recommendations and Commissioner Fikes SECONDED the motion. Chair Twait opened the public hearing. Joan Kirkham spoke in opposition of the permit on behalf of the Episcopal Diocese of Alaska congregation as that type of business was against their religion. Jeff Kipp noted that the type of business granted by the permit could decrease the value of his rental properties; spoke in opposition of granting the permit; and further noted he wasn't opposed to the type of business, but more the location of such. Christine Lagoutaris, owner of Katina's, advised that her business had already suffered from the Green Rush Events business and expressed health and safety concerns for her family and patrons; spoke in opposition of the location. Ron Isaacs, applicant of conditional use permit, advised he and his wife were looking for a legal and honest business within the City. Noted that the buffer zone measured was comprised of wooded area and parking lots. Isaacs advised that it was never their intent to allow smoking within the establishment. He mentioned that the facility staff had completed the state's handling certification courses and that he would take measures to ensure a secure facility. Mr. Isaacs stated they were complying with all of the state's regulations and that they had been given consent from the building /property owner to conduct a marijuana business. Deniece Isaacs, applicant, stated that the confusion was due to the differing definitions of outer boundary line and lot lines. Noted that the measurements from the GIS versus the actual measurements differ significantly due to terrain and questioned the city's measurements of the property line. It was noted that the applicant could not request a variance for buffer distances. Administration confirmed that the property line did cross the road as the road was considered an easement on city property. Administration agreed that the GIS database was approximately 7 feet off of the actual lines in either direction, however would not affect the city's measurements on this permit. It was discussed that there wasn't a right -of -way to Coral Street, making the parcel in question, one legal parcel and that although the land was considered airport land, the current ball fields on Planning and Zoning Commission Meeting June 22, 2016 Page 3 the land created a recreational parcel. Twait noted loopholes not in favor of the applicant, prohibiting the business from operating at the requested location; however, had a duty to the City's regulations. Commissioner Glendening advised of his obligation to uphold the criteria of the Kenai Municipal Code. Fikes questioned the state's regulations related to odors emanating from the facility, and spoke in opposition of the location and close proximity to other local business. VOTE: YEA: NAY: Pettey, Glendening, Springer, Fikes, Twait, Focose MOTION FAILED UNANIMOUSLY. Chairman Twait advised of the 15 day appeal period. 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 June 15 meeting noting an ordinance enacted prohibiting motorized vehicles on South Street; commented on the Kenai Initiative Housing legislation; ordinance to update the city's codes were enacted; allocated a $10,000 grant for the restoration of a fire truck; and the City Manager's resignation as of the end of the year. b. Borough Planning — Commissioner Glendening reviewed the action taken at the June 13 meeting noting there were seven plats approved; 15 public hearings, nine of which were marijuana applications, all of which were approved; authorized a one year renewal borough annexation in Seward; introduction of an ordinance to reduce the number of commissioners. c. Administration — Kelley reminded the Commission of the work session scheduled on June 23 for review of the Comprehensive Plan and the Land Use Map. 11. PERSONS PRESENT NOT SCHEDULED: 12. INFORMATIONAL ITEMS: None. 13. NEXT MEETING ATTENDANCE NOTIFICATION: July 13, 2016 14. COMMISSION COMMENTS & QUESTIONS: Planning and Zoning Commission Meeting June 22, 2016 Page 4 Commissioner's thanked those that attended and participated in the meeting, and thanked staff for their assistance on the conditional use permit. 15. ADJOURNMENT: There being no further business before the Commission, the meeting was adjourned at 8:32 p.m. Minutes prepared Gn'd /submitted by: 1y dra Modigh, CMC Clerk Planning and Zoning Commission Meeting June 22, 2016 Page 5