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HomeMy WebLinkAbout2017-06-28 Planning & Zoning MinutesCITY OF KENAI PLANNING & ZONING COMMISSION CITY COUNCIL CHAMBERS JUNE 28, 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: B. Springer, J. Twait, K. Peterson, V. Askin, D. Fikes Staff/Council Liaison present: City Planner M. Kelley, Planning Assistant W. Anderson, Acting City Clerk J. Heinz, and Council Liaison B. Molloy A quorum was present. c. Agenda Approval MOTION: Commissioner Peterson MOVED to approve the agenda and Commissioner Askin SECONDED the motion. There were no objections; SO ORDERED. d. Consent Agenda MOTION: Commissioner Springer MOVED to approve the consent agenda; Commissioner Peterson 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, G. Greenberg 2. *APPROVAL OF MINUTES: June 14, 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. PZ17-20 - Application for a Conditional Use Permit to operate an approximately 3,000 - square -foot Marijuana Cultivation Facility, Standard and an approximately 2,500 -square - foot Marijuana Product Manufacturing Facility, within an existing approximately 5,500 - square -foot commercial building located at 12516 Kenai Spur Highway, Kenai, AK 99611 (KPB Parcel No. 04314013) and further described as Lot 2, C -Plaza Subd. Application submitted by: ACG, LLC, 836 Heath Place, Soldotna, AK 99669 City Planner Kelley reviewed his staff report provided in the packet noting the Conditional Use Permit would allow 3,000 square -foot Marijuana Cultivation Facility and a 2,500 square -foot Marijuana Product Manufacturing Facility within an existing 5,500 square -foot commercial building, 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; • A building permit will be required for the construction of the Commercial Marijuana Establishment as shown on the submitted floor plan; • Prior to issuance of the Building Permit, the property owner shall submit a Landscape Site Plan for review and approval by Planning Administration. The Landscape Site Plan shall demonstrate compliance with Kenai Municipal Code Chapter 14.25 — Landscaping/Suite Plan Regulations; • All Marijuana Product Manufacturing methods shall conform to the requirements within the International Fire Code; • Prior to operation of the Marijuana Cultivation Facility, Standard and/or the Marijuana Product Manufacturing Facility, the property owner shall submit a copy of the approved and fully executed license from the Alaska Alcohol & Marijuana Control Office. The property owner shall comply with all regulations as stipulated by the State of Alaska Marijuana Control Board; • A sign permit will be required for the construction of any proposed signage; • 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 Peterson MOVED to approve Resolution No. PZ17-20 and Commissioner Fikes SECONDED the motion. Commission Chair Twait opened the public hearing. Planning and Zoning Commission Meeting June 28, 2017 Page 2 David Daniel, member of Kenai Christian Church spoke against the Conditional Use Permit noting the main entrance, as far as patrons were concerned, was the office/chapel side and not under the covered entrance, pointing out that those attending weddings, funerals, etc. entered through the side. Suggested it was unreasonable to say that the door used on Sunday morning was the main entrance. Further noted they wanted to be a good neighbor and their proud tradition of supporting community. Eric Derleth, partner in Red Run Cannabis Company, noted the facility was meant to be a working facility and nothing on the outside would indicate what was taking place on the inside; pointed out that no one had complained of the retail operation. Also pointed out that the retail operation employed ten people and was paying significant taxes. Julie Naff, employee of the Red Run Cannabis Company retail facility, spoke in favor of the Conditional Use Permit noting the high level of professionalism at the Red Run Cannabis Company noting the promotion of good health and living naturally. Also noted that the staff was invested in maintaining the high quality of the property noting it reflected on the employees. John Rogers, cultivator at Red Run Cannabis Company, spoke in favor of the Conditional Use Permit, noting the company was great to work for and treated the neighborhood well. Hoped that with time, the stigma associated with cannabis would resolve. Marc Theiler, partner in Red Run Cannabis Company, expressed appreciation for the equitable treatment from the staff for the City of Kenai; proud to have businesses in Kenai and live in Kenai. Explained that the facility would not have retail and would not be able to have the on-site consumption rider on the license. Also explained that there was no reason for any signage from a marketing standpoint directing traffic to the facility and the intent was to keep it low key with very little traffic to and from the facility. Dave Hall, owner of C-Plaza, spoke against the facility noting he was enhancing the curb appeal of the property; was a family type atmosphere; expressed concern that the proposed business would limit who would want to lease space and visit the businesses in the plaza. Tina Hall, business owner in C-Plaza, reiterated that a number of people use the side entrance of the church on a daily basis; noted her business was one that catered to moms and children and was concerned she would lose business if a marijuana facility was nearby. Amy Jackman spoke in favor of the business; noted she had two teens and wouldn't consider not visiting businesses in C-Plaza or taking children into any of the businesses because of private manufacturing facility built and run under direct supervision of state and City regulations. Roger Boyd, partner in the Red Run Cannabis Company spoke in favor of the business noting their purchase of the building put it back into the private sector and allowed his company to grow their business; recognized a decision had to be made regarding the front door of the church; pointed out that the Moose Lodge was an alcohol establishment that may have presented a more negative image with neon signs; reiterated that signage for the new business could be minimal; planned on producing CBD oil for medicinal purposes. George Frasier, Red Run Cannabis Company extract expert, explained the plan to create extracts to be manufactured for edibles; also explained the difference between open and closed loop methods of oil extraction pointing out their intent to use a closed loop method. Planning and Zoning Commission Meeting June 28, 2017 Page 3 There being no one else wishing to speak, the public hearing was closed It was clarified that Kenai Municipal Code determined that the distance measurement was from the main public entrance and matched state regulations. Commission Chair Twait noted the proposal met code requirements and the Commission was mandated to approve the permit given Administration's determination on the entrance and would be voting in favor. Commissioner Peterson noted a majority of the State of Alaska voted to allow marijuana and though he wasn't excited about approval, the Commission was bound by code. Commissioner Fikes noted she didn't have an opinion one way or the other when Red Run Cannabis Company opened their other location; each criteria had been addressed line by line; noted the property was attractive now; hadn't heard of complaints to the Commission or the City; felt the company had succeeded; would be voting in favor. Commissioner Springer noted he would be voting in favor based on staff's decision regarding the church's main entrance. Commissioner Askin noted she would be voting in favor; echoed Commissioner Peterson's comments. Also noted she had some experience regarding the medicinal benefits; comments from the community gave a positive impression. VOTE: YEA: Twait, Askin, Springer, Peterson, Fikes NAY: MOTION PASSED UNANIMOUSLY. Commission Chair Twait noted the fifteen -day appeal period. b. PZ17-21 - Application for a Conditional Use Permit to construct and operate an approximately 288 -square -foot Retail Marijuana Store and a 500 -square -foot Marijuana Cultivation Facility, Limited and also construct and operate an approximately 3,800 - square -foot Marijuana Cultivation Facility, Standard, and an approximately 1,200 -square - foot Marijuana Product Manufacturing Facility located as 12656 Kenai Spur Highway, Kenai, AK 99611 (KPB Parcel No. 043140001) and further described as G. L. 142 and the West 20 feet of G. L. 141, Section 31, T6N, R11W. Application submitted by: Deniece and Ronald Isaacs, P.O. Box 3526, Kenai, Alaska 99611. City Planner Kelley reviewed his staff report provided in the packet noting the Conditional Use Permit would allow construction of a 2,016 square -foot commercial building which would contain a 288 square -foot Retail Marijuana Store, a 500 square -foot Marijuana Cultivation Facility, and a 360 square -foot garden supply retail store. The project also consists of construction of a 5,000 square -foot commercial building which would contain a 3,800 square -foot Marijuana Cultivation Facility and a 1,200 foot Marijuana Product Manufacturing Facility, all of which, based on the review of criteria, it was found that the permit could be approved with the following conditions: • Further development of the property shall conform to all Federal, State, and local Planning and Zoning Commission Meeting June 28, 2017 Page 4 regulations; • A building permit will be required for the construction of the Commercial Marijuana Establishment as shown on the submitted floor plan; • Prior to issuance of the Building Permit, the property owner shall submit a Landscape Site Plan for review and approval by Planning Administration. The Landscape Site Plan shall demonstrate compliance with Kenai Municipal Code Chapter 14.25 — Landscaping/Suite Plan Regulations; • All Marijuana Product Manufacturing methods shall conform to the requirements within the International Fire Code; • Prior to operation of the Retail Marijuana Store and/or Marijuana Cultivation Facility, and/or Marijuana Cultivation Facility, and/or the Marijuana Product Manufacturing Facility, the property owner shall submit a copy of the approved and fully executed license from the Alaska Alcohol & Marijuana Control Office. The property owner shall comply with all regulations as stipulated by the State of Alaska Marijuana Control Board; • 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; • 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. PZ17-21 and Commissioner Peterson SECONDED the motion. Commission Chair Twait opened the public hearing. Todd Slaughter, spoke on behalf of Tara Phillips, owner of Encore Dance Academy, noting she was against the operation. Deniece Isaacs spoke in favor of the permit noting the parcel was ideal and their plan to upgrade the run down property was a goal in the Comprehensive Plan; planned for a small operation. Ron Isaacs spoke in favor of the permit, explaining four walls had to be in place to apply for state permits; interested in CBD oils as father and uncle had Parkinson's Disease. Amy Jackman spoke in favor of the permit noting it was common sense pointing out that the Encore Dance Academy had been subjected more to negative effects with the former alcohol establishment than they would have to with the marijuana establishment. There being no one else wishing to speak, the public hearing was closed. It was clarified that a Conditional Use Permit for both types of establishments was acceptable VOTE: YEA: Twait, Askin, Springer, Peterson, Fikes Planning and Zoning Commission Meeting June 28, 2017 Page 5 NAY: MOTION PASSED UNANIMOUSLY. Commission Chair Twait noted the fifteen -day appeal period. 7. UNFINISHED BUSINESS: None. 8. NEW BUSINESS: None. 9. PENDING ITEMS: None. 10. REPORTS: a. City Council — Council Member Molloy reviewed the Action Agenda of the June 21 City Council meeting which was provided in the packet and gave an overview of the upcoming July 5 agenda; commended b. Borough Planning — Borough Planning Commissioner Fikes reviewed actions from the June 26 meeting. c. Administration — City Planner M. Kelley reported on the following: • Provided a copy of Resolution No. 2017-24 — amended policy regarding Committees, Commissions and Council on Aging; • Explained he was working on Bluff Erosion Project property evaluations; • Was working on an Encroachment Permit for Peninsula Botanicals; • Had scheduled future meetings with Harbor Commission, Parks & Recreation Commission and Beautification Committee to review Draft Landscape Site Plan Ordinance; • Provided information on services for Rick Koch. 11. PERSONS PRESENT NOT SCHEDULED: None. 12. INFORMATIONAL ITEMS: a. Resolution No. 2017-24 Amending Council Policy 2016-01, Procedures for Commissions, Committees, and Council on Aging. 13. NEXT MEETING ATTENDANCE NOTIFICATION: July 12, 2017 Commissioner Fikes noted she would be absent. 14. COMMISSION COMMENTS & QUESTIONS: Commissioner Peterson thanked Commissioner Fikes and Councilor Molloy for their reports. 15. ADJOURNMENT: Planning and Zoning Commission Meeting June 28, 2017 Page 6 There being no further business before the Commission, the meeting was adjourned at 8:52 p.m. Minutes prepared $nd submitted by: ie Heinz, CMC tg City Clerk s 00-6N ED Planning and Zoning Commission Meeting June 28, 2017 Page 7