HomeMy WebLinkAbout2017-05-24 Planning & Zoning MinutesCITY OF KENAI
PLANNING & ZONING COMMISSION
CITY COUNCIL CHAMBERS
MAY 24, 2017- 7:00 P.M.
COMMISSION 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
Commission Chair Twait led those assembled in the Pledge of Allegiance.
b. Roll Call
Commissioners present: R. Springer, G. Greenberg, V. Askin, J. Twait
Staff/Council Liaison present: City Planner M. Kelley, Acting City Clerk J. Heinz, and Council
Liaison B. Molloy
A quorum was present.
c. Agenda Approval
Commission Chair Twait noted the following revisions to the packet:
Add to Item 6. a. Resolution PZ17-10
• Correspondence from Michael and Joyce Nelson
Add to Items 6. b. — g. Resolutions PZ17-12 thru PZ17-16, and PZ17-19
• Memo from staff
MOTION:
Commissioner Springer MOVED to approve the agenda and Commissioner Askin SECONDED
the motion. There were no objections; SO ORDERED.
d. Consent Agenda
MOTION:
Commissioner Askin MOVED to approve the consent agenda; Commissioner Greenberg
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 — J. Halstead, K. Peterson, D. Fikes
2. *APPROVAL OF MINUTES: May 10, 2017
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: None.
6. PUBLIC HEARINGS:
a. PZ17-10 - Application for a Conditional Use Permit to operate an approximately 500 -
square -foot Marijuana Cultivation Facility, Limited, within an existing approximately 576
square foot detached garage; located on the property known as 1030 Angler Drive, Kenai,
AK 99611, and further described as Lot 2, James H Cowan Subd. Application submitted
by: Kathryn Staskon, 1030 Angler Dr., Kenai, Alaska 99611.
City Planner Kelley reviewed his staff report provided in the packet noting the Conditional Use
Permit would allow a Marijuana Cultivation Facility, Limited in a detached garage, which, based
on the review of criteria found that the permit could be approved with the following conditions:
• Further development of the property shall conform to all Federal, State, and local
regulations;
• A building permit will be required for the construction of the Commercial Marijuana
Establishment as shown on the submitted floor plan and to recognize the
construction of the existing detached garage;
Prior to operation of the facility, an Encroachment Permit for the existing detached
garage will need to be reviewed and approved by the Planning Commission;
• Prior to operation of the facility, the property owner shall submit a copy of the
approved and fully executed license for the Marijuana Cultivation Facility, Limited.
The applicant shall comply with all regulations as stipulated by the State of Alaska
Marijuana Control Board;
• There are to be no signs placed on the subject parcel or on the subject Commercial
Marijuana Establishment, which advertises its use on the property;
• All security lighting for the establishment shall be downcast and shielded;
• Pursuant to KMC 14.20.330(e), the establishment shall not emit an odor that is
detectable by the public from outside the establishment;
• Pursuant top KMC 14.20.150(f), the applicant shall submit an annual report to the
City.
MOTION:
Planning and Zoning Commission Meeting
May 24, 2017
Page 2
Commissioner Springer MOVED to approve Resolution No. PZ17-10 and Commissioner
Greenberg SECONDED the motion.
Commission Chair Twait opened the public hearing.
Greg Anderson spoke against the operation of the facility noting most of the residents in the area
were against it and that the use didn't fit with the neighborhood; suggested there was no precedent
for the staff's finding that the property values wouldn't be affected.
Katherine Staskon explained that she had always had a passion for horticulture and the business
was an extension of that and being used to make money from home which the guides in the area
were also able to do. She pointed out that her business wouldn't have walk up customers or
signage and it wouldn't be visible from the street that the property was anything but a residence.
Ms. Staskon also provided an overview of her business plan and clarification on the state
regulations requiring the Conditional Use Permit, security, and testing.
Amber Buta, Staskon's sister, spoke in favor of her sister's endeavor pointing out that Alaskans
came together to allow for commercial marijuana; noted her sister was a responsible and reliable
person, was following the legally applicable processes, and seeking the permits to run her
business legally.
Debra Shuey spoke against the operation of the facility noting that she had testified in the past,
when the regulations were being developed, that the areas being allowed for commercial
marijuana needed to be thought about; expressed having a cultivation facility in her residential
area would be a worst case scenario. Also noted that she was of Baha'i faith, a religion that met
in homes and that youth walked the neighborhood streets; expressed concern for the security of
the neighborhood.
Aaron Langlois spoke in favor of the business noting that his internet based research on land
values in other states found that property values were not decreasing but increasing when in
proximity to marijuana establishments except warehouses, which did show a decrease; clarified
the business was a residential garage.
Helen Groeneveld expressed concern about the German Shepherd dogs that the business owner
mentioned having and wanted to know if they would be restrained as other residents in the
neighborhood walked their dogs. It was confirmed that the business owner would have proper
restraining for the dogs.
There being no one else wishing to speak, the public hearing was closed.
It was clarified that the property met the 40,000 square foot requirement, but not required to as it
was a Cultivation Facility - Limited; no fencing required as the entire facility was enclosed; also
clarified that driveway easements were forever.
It was noted that the nature of the Conditional Use Permit was that if the conditions weren't met,
the permit would go back to the Planning and Zoning Commission for review and that the
permittee had to submit annual reports showing compliance.
Commissioner Springer noted the application appear to meet the criteria and would be voting in
favor.
Planning and Zoning Commission Meeting
May 24, 2017
Page 3
Commission Chair Twait noted the new industry could be difficult to embrace; felt the application
met the criteria. Also noted that the industry needed to be scrutinized and the Conditional Use
Permit provided the needed reviews; would be voting in favor.
VOTE:
YEA: Greenberg, Askin, Twait, Springer
NAY:
MOTION PASSED UNANIMOUSLY.
Commission Chair Twait noted the fifteen -day appeal period.
PZ17-12 - Application for a Conditional Use Permit to operate an airport utilizing the
current/historically use hangar facility on the property, tie downs for small aircraft, staging,
light maintenance for small aircraft (up to a Twin Otter) and fueling; located on the property
known as 2270 Royal Street, Kenai, Alaska, 99611, and further described as Tract A,
Dragseth Subdivision 2016 Addition. Application submitted by PRL Logistics, LLC, 421 W.
151 Ave., Suite 250, Anchorage, AK 99501
City Planner Kelley reviewed his staff report provided for Resolutions PZ17-12, 13, 14, 15, 16,
and 19 in the packet noting the permits would allow a proposed private lodge, professional office,
and private use airport and, based on the review of criteria, found that the permit could be
approved with the following conditions:
• Further development of the property shall conform to all Federal, State, and local
regulations;
• The operation of the Limited Use Airport (Airstrip) shall comply with all regulations of
the FAA;
• The US Corps of Engineers shall approve the filling or impact to any wetlands;
• Prior to operation of the airstrip, PRL, Inc. shall submit an operational plan for review
by the City. Every two years following the submittal of the first operational plan, a
revised Plan shall be submitted to the City of Kenai for review; any revisions to the
operational plan will require approval of the City Manager before their
implementation;
• The existing airstrip shall remain a grass surface vegetated with Alaska native
grasses and there shall be no placement of fill material on the subject parcels without
an amendment to the Conditional Use Permit and approval of the Planning and
Zoning Commission;
• The footprint shall not be expanded without an amendment to the Conditional Use
Permit and approval of the Planning and Zoning Commission;
• Within 16 -months of the issuance of the Conditional Use Permits, the existing post
and chain fence that is fronting the dunes shall be extended south to Royal Street by
PRL, Inc. The posts and chain fence shall be of similar materials and colors and
shall be subject to inspection by the City of Kenai after their installation;
• The operation of the Limited Use Airport or Airstrip shall at no time damage or impact
the dune area to the west of the Airstrip. There shall be no construction or the
placement of any material on or in the dune area. PRL, Inc. shall remedy any
damages done to the dunes because of the operation or construction of the Limited
Use Airport or Airstrip to the satisfaction of the City of Kenai;
Planning and Zoning Commission Meeting
May 24, 2017
Page 4
• The loading or unloading of aircraft or airships shall take place during the period
between morning civil twilight and the end of evening civil twilight at the south end of
the existing Airstrip;
• Unless for safety or weather conditions the flight path for all aircraft approaching or
departing the Airstrip shall be located over the waters of Cook Inlet;
• At no time shall the use of any aircraft or airships endanger any participants of the
Personal Use Fishery;
• At no time shall there be any hazing or disturbing of any migratory birds utilizing the
wetland areas to the north or east of the existing Airstrip;
• Until such time as a Subdivision Plat is recorded, the use of that portion of Tract B
Dragseth Subdivision and a portion of Government Lots 9-15, inclusive, and a portion
of the SE '/4, SE '/4, NE ''/4, Section 7, TSN, R11 W for a Limited Use Airport and
Airstrip shall be restricted to the area shown on Attachment A.
• At no time shall members of the public be restricted from accessing the beach area
shown on Attachment A as "Area Reserved for Public Access Easement
• Prior to operation of the restaurant or lodge, the applicant shall submit documentation
from the Alaska DEC of approval for the septic and water systems for the Conditional
Uses;
• Prior to operation of the lodge or bed and breakfast, the City of Kenai Fire Marshal
shall inspect the premises compliance with the International Fire Code. Thereafter,
the City of Kenai Fire Marshal shall inspect the premises every other year pursuant
to KMC 147.20.321;
• Until such time as it expires, the Conditional Use Permits shall also be subject to the
conditions of approval in the Special Use Permit issued as a part of Resolution No.
2017-20;
• Loud music and other loud noises related to assemblage shall not occur between the
ours of 8:00 P.M. and 9:00 A.M. Sunday through Thursday and 11:00 P.M. through
9:00 A.M. Friday through Saturday;
• Operation of the professional office shall be subject to the requirements of this
Conditional Use Permit;
• Pursuant to KMC 14.20.150(f), the applicant shall submit annual reports to the City
of Kenai.
MOTION:
Commissioner Springer MOVED to approve Resolution No. PZ17-12 and Commissioner Askin
SECONDED the motion.
Commission Chair Twait opened the public hearing; there being no one wishing to speak, public
hearing was closed.
MOTION TO AMEND:
Commissioner Springer MOVED to amend by replacing condition #9 to read as follows, "Loading
or unloading of all aircraft or airships shall not unreasonable interfere with the enjoyment of
neighboring private property given their residential character," and Commissioner Greenberg
SECONDED the motion.
It was clarified that the Planning and Zoning Commission or the nuisance laws in Kenai
Planning and Zoning Commission Meeting
May 24, 2017
Page 5
Municipal Code would determine what was "unreasonable."
VOTE ON THE AMENDMENT:
YEA: Greenberg, Askin, Twait, Springer
NAY:
MOTION PASSED UNANIMOUSLY.
VOTE ON THE MAIN MOTION:
YEA: Greenberg, Askin, Twait, Springer
NAY:
MOTION PASSED UNANIMOUSLY.
Commission Chair Twait noted the fifteen -day appeal period
c. PZ17-13 Application for a Conditional Use Permit to operate a private lodge in the existing
single-family residence which could be used as a bed & breakfast, vacation rental home,
hotel, and general living quarters; located on the property known as 2270 Royal Street, Kenai,
Alaska, 99611, and further described as Tract A, Dragseth Subdivision 2016 Addition.
Application submitted by PRL Logistics, LLC, 421 W. 11' Ave., Suite 250, Anchorage, AK
99501.
MOTION:
Commissioner Springer MOVED to approve Resolution No. PZ17-13 and Commissioner Askin
SECONDED the motion.
Commission Chair Twait opened the public hearing; there being no one wishing to speak, public
hearing was closed.
MOTION TO AMEND:
Commissioner Springer MOVED to amend by replacing condition #9 to read as follows, "Loading
or unloading of all aircraft or airships shall not unreasonable interfere with the enjoyment of
neighboring private property given their residential character," and Commissioner Greenberg
SECONDED the motion.
VOTE ON THE AMENDMENT:
YEA: Greenberg, Askin, Twait, Springer
NAY:
MOTION PASSED UNANIMOUSLY.
VOTE ON THE MAIN MOTION:
YEA: Greenberg, Askin, Twait, Springer
Planning and Zoning Commission Meeting
May 24, 2017
Page 6
NAY:
MOTION PASSED UNANIMOUSLY.
Commission Chair Twait noted the fifteen -day appeal period.
d. PZ17-14 - Application for a Conditional Use Permit to operate assemblies which could
consist of weddings, private parties, and other outdoor events located on the property
known as 2270 Royal Street, Kenai, Alaska, 99611, and further described as Tract A,
Dragseth Subdivision 2016 Addition. Application submitted by PRL Logistics, LLC, 421 W.
1st Ave., Suite 250, Anchorage, AK 99501
MOTION:
Commissioner Springer MOVED to approve Resolution No. PZ17-14 and Commissioner Askin
SECONDED the motion.
Commission Chair Twait opened the public hearing; there being no one wishing to speak, public
hearing was closed.
MOTION TO AMEND:
Commissioner Springer MOVED to amend by replacing condition #9 to read as follows, "Loading
or unloading of all aircraft or airships shall not unreasonable interfere with the enjoyment of
neighboring private property given their residential character," and Commissioner Askin
SECONDED the motion.
VOTE ON THE AMENDMENT:
YEA: Greenberg, Askin, Twait, Springer
NAY:
MOTION PASSED UNANIMOUSLY.
VOTE ON THE MAIN MOTION:
YEA: Greenberg, Askin, Twait, Springer
NAY:
MOTION PASSED UNANIMOUSLY.
Commission Chair Twait noted the fifteen -day appeal period.
e. PZ17-15 —Application for a Conditional Use Permit to operate professional offices for PRL
staff and contractors; located on the property known as 2270 Royal Street, Kenai, Alaska,
99611, and further described as Tract A, Dragseth Subdivision 2016 Addition. Application
submitted by PRL Logistics, LLC, 421 W. 15t Ave., Suite 250, Anchorage, AK 99501
MOTION:
Planning and Zoning Commission Meeting
May 24, 2017
Page 7
Commissioner Springer MOVED to approve Resolution No. PZ17-15 and Commissioner
Greenberg SECONDED the motion.
Commission Chair Twait opened the public hearing; there being no one wishing to speak, public
hearing was closed.
MOTION TO AMEND:
Commissioner Springer MOVED to amend by replacing condition #9 to read as follows, "Loading
or unloading of all aircraft or airships shall not unreasonable interfere with the enjoyment of
neighboring private property given their residential character," and Commissioner Greenberg
SECONDED the motion.
VOTE ON THE AMENDMENT:
YEA: Greenberg, Askin, Twait, Springer
NAY:
MOTION PASSED UNANIMOUSLY.
VOTE ON THE MAIN MOTION:
YEA: Greenberg, Askin, Twait, Springer
NAY:
MOTION PASSED UNANIMOUSLY.
Commission Chair Twait noted the fifteen -day appeal period.
PZ17-16 - Application for a Conditional Use Permit to operate a restaurant and mobile
concession; located on the property known as 2270 Royal Street, Kenai, Alaska, 99611,
and further described as Tract A, Dragseth Subdivision 2016 Addition. Application
submitted by PRL Logistics, LLC, 421 W. 15' Ave., Suite 250, Anchorage, AK 99501
MOTION:
Commissioner Springer MOVED to approve Resolution No. PZ17-16 and Commissioner
Greenberg SECONDED the motion.
Commission Chair Twait opened the public hearing; there being no one wishing to speak, public
hearing was closed.
MOTION TO AMEND:
Commissioner Springer MOVED to amend by replacing condition #9 to read as follows, "Loading
or unloading of all aircraft or airships shall not unreasonable interfere with the enjoyment of
neighboring private property given their residential character," and Commissioner Askin
SECONDED the motion.
VOTE ON THE AMENDMENT:
Planning and Zoning Commission Meeting
May 24, 2017
Page 8
YEA: Greenberg, Askin, Twait, Springer
NAY:
MOTION PASSED UNANIMOUSLY.
VOTE ON THE MAIN MOTION:
YEA: Greenberg, Askin, Twait, Springer
NAY:
MOTION PASSED UNANIMOUSLY.
Commission Chair Twait noted the fifteen -day appeal period.
g. PZ17-19 — Application for a Conditional Use Permit to operate an airport to be utilized for
small aircraft, airship operations, cargo loading and unloading, light maintenance for small
aircraft and fueling; located on property described as a portion of Tract B, Dragseth
Subdivision 2016 Addition, and a portion of Government Lots 9 through 15, inclusive, and a
portion of the SE'/ SE'/4 NE'/, Section Seven, Township 5 North, Range 11 West, Seward
Meridian. Application submitted by PRL Logistics, LLC, 421 W. 151 Ave., Suite 250,
Anchorage, AK 99501
MOTION:
Commissioner Springer MOVED to approve Resolution No. PZ17-19 and Commissioner
Greenberg SECONDED the motion.
Commission Chair Twait opened the public hearing; there being no one wishing to speak, public
hearing was closed.
MOTION TO AMEND:
Commissioner Springer MOVED to amend by replacing condition #9 to read as follows, "Loading
or unloading of all aircraft or airships shall not unreasonable interfere with the enjoyment of
neighboring private property given their residential character," and Commissioner Askin
SECONDED the motion.
VOTE ON THE AMENDMENT:
YEA: Greenberg, Askin, Twait, Springer
NAY:
MOTION PASSED UNANIMOUSLY.
It was clarified that it was unknown when the airstrip was put into use, but had been in place for
many years; also noted that the homeowner had been asked to notify the FAA in 2007 but it was
unclear whether that happened or not. It was also clarified that when the tower was open, aircraft
landing at the airstrip needed tower approval and when the tower was closed, aircraft landed at
the airstrip at their own risk.
Planning and Zoning Commission Meeting
May 24, 2017
Page 9
VOTE ON THE MAIN MOTION:
YEA: Greenberg, Askin, Twait, Springer
NAY:
MOTION PASSED UNANIMOUSLY.
Commission Chair Twait noted the fifteen -day appeal period.
7. UNFINISHED BUSINESS: None.
8. NEW BUSINESS:
a. Discussion — Ordinance No. 2960-2017 Amending Kenai Municipal Code 14.25.015-
Landscaping/Site Plan for Land Clearing, and Kenai Municipal Code14.25.020-Application,
to Prohibit Land Clearing of More Than Twenty Percent of a Parcel Without an Approved
Landscaping/Site Plan
Kelley reported that the ordinance was a stop gap until the ordinance being worked on could be
adopted which would likely be next building season.
9. PENDING ITEMS: None.
10. REPORTS:
a. City Council — Council Member Molloy reviewed the Action Agenda of the May 17 City
Council meeting which was provided in the packet.
b. Borough Planning — Borough Planning Commissioner Glendening reviewed actions from
the May 22 meeting.
c. Administration — City Planner M. Kelley reported on the following:
• Properties donated to Habitat for Humanity had been
transferred; construction would begin in the summer;
• Airport leases that were up for renewal were coming forth;
• Kenai Peninsula Housing Initiative had applied for their
Conditional Use Permit to build low-income housing;
• His office was busy with permitting and projects.
11. PERSONS PRESENT NOT SCHEDULED: None.
12. INFORMATIONAL ITEMS: None.
13. NEXT MEETING ATTENDANCE NOTIFICATION: June 14, 2017
Commissioner Springer and Chair Twait noted they would not be present.
14. COMMISSION COMMENTS & QUESTIONS: None.
15. ADJOURNMENT:
Planning and Zoning Commission Meeting
May 24, 2017
Page 10
There being no further business before the Commission, the meeting was adjourned at 8:57 p.m.
Minutes prepared a d submitted by:
Onlie Heinz, CMC
c 'ng City Clerk
Planning and Zoning Commission Meeting
May 24, 2017
Page 11