HomeMy WebLinkAbout2017-07-26 Planning & Zoning PacketAGENDA
KENAI PLANNING & ZONING COMMISSION – REGULAR MEETING
JULY 26, 2017 - 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 – Commissioner D. Fikes
*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. *June 28, 2017 .............................................................................................................. 1
b. *July 12, 2017 ............................................................................................................... 8
3. SCHEDULED PUBLIC COMMENT: None
4. UNSCHEDULED PUBLIC COMMENT
(Public comment limited to three (3) minutes per speaker; thirty (30) minutes aggregated)
5. CONSIDERATION OF PLATS:
a. PZ17-24 - Original Preliminary Plat of Dragseth Subdivision 2017 Addition submitted by
Integrity Surveys, 820 Set Net Dr., Kenai, AK 99611, on behalf of City of Kenai, 210
Fidalgo Avenue, Kenai, AK 99611 ............................................................................. 13
6. PUBLIC HEARINGS: None
7. UNFINISHED BUSINESS: None
8. NEW BUSINESS:
a. Discussion / Recommendation - Lease Application of Airport Reserve Lands between
the City of Kenai and Hilcorp Alaska, LLC, for the properties described as Lots 5 and 6,
FBO Subdivision, for a term of 35 years. ................................................................... 19
b. Discussion / Recommendation - Authorizing the City Planner to draft and send a letter
to the Kenai Peninsula Borough supporting a request by the developers of Windhaven
Estates Phase 3 for a two-year time extension. ......................................................... 21
9. PENDING ITEMS: None
____________________________________________________________________________________
AGENDA
KENAI PLANNING & ZONING COMMISSION – REGULAR MEETING
JULY 26, 2017 - 7:00 P.M.
Page 2 of 2
10. REPORTS:
a. City Council (July 19, 2017 regular meeting canceled, next regular meeting, August 2, 2017)
b. Borough Planning……………………………………………………………………………26
c. Administration
11. ADDITIONAL PUBLIC COMMENT
(Public comment limited to three (3) minutes per speaker; thirty (30) minutes aggregated)
12. INFORMATIONAL ITEMS: None
13. NEXT MEETING ATTENDANCE NOTIFICATION: August 9, 2017
14. COMMISSION COMMENTS & QUESTIONS
15. ADJOURNMENT
CITY 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
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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.
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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 spok e 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.
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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
Page 4 of 33
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
Page 5 of 33
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:
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There being no further business before the Commission, the meeting was adjourned at 8:52 p.m.
Minutes prepared and submitted by:
_____________________________
Jamie Heinz, CMC
Acting City Clerk
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CITY OF KENAI
PLANNING & ZONING COMMISSION
CITY COUNCIL CHAMBERS
JULY 12, 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, J. Halstead, G.
Greenberg
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
Commissioner Peterson noted the following modifications to the agenda and additions to the
packet:
Remove Item 8.a. Discussion/Recommendation – Lease Application of Airport Reserve
Lands – City of Kenai – Hilcorp Alaska, LLC Lots 5&6, FBO
Subdivision.
Remove Item 10.c. Revised Preliminary Plat Townsite of Kenai 2016 Addition.
MOTION:
Commissioner Peterson MOVED to approve the agenda with the revisions to the agenda and
packet and Commissioner Askin SECONDED the motion. There were no objections; SO
ORDERED.
d. Consent Agenda
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MOTION:
Commissioner Peterson MOVED to approve the consent agenda; Commissioner Halstead
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 – D. Fikes
2. *APPROVAL OF MINUTES: None.
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. PZ17-24 - Application for an Encroachment Permit to recognize an encroachment into the
side yard setback for an existing garage. The garage was constructed entirely into the
fifteen-foot (15’) side yard setback and onto the neighboring property. The property is
located at 1030 Angler Dr.; and further described as Lot 2, James H. Cowan Subdivision.
The Application was submitted by Kathryn Staskon, 1030 Angler Dr., Kenai, AK 99611.
City Planner Kelley reviewed his staff report provided in the packet noting the Encroachment
Permit was a requirement of a Conditional Use Permit that had been granted for a Commercial
Marijuana Cultivation Facility and found that the permit met the criteria for issuance and could be
approved with the following conditions:
• Applicant must comply with all Federal, State, and local regulations;
• Applicant must complete the modifications to the structure to alleviate the
encroachment across the property line between Lots 1 and 2, James H. Cowan
Estates.
MOTION:
Commissioner Springer MOVED to approve Resolution No. PZ17-24 and Commissioner Askin
SECONDED the motion.
Commission Chair Twait opened the public hearing.
Kathryn Staskon noted she had a survey done to ensure she remained on her property with the
reconstruction of garage and would remain within the requirements of the Building Official; also
noted that the encroachment occurred because the previous owner owned all three lots and didn’t
think it mattered what he built where.
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There being no one else wishing to speak, the public hearing was closed.
It was clarified that the driveway also encroached onto the neighboring property, but didn’t cause
an issue because an Access Easement had been granted; garage encroachment issue remained
and the Conditional Use Permit application caused a review.
VOTE:
YEA: Twait, Askin, Springer, Peterson, Halstead, Greenberg
NAY:
MOTION PASSED UNANIMOUSLY.
Commission Chair Twait noted the fifteen-day appeal period.
7. UNFINISHED BUSINESS: None.
8. NEW BUSINESS:
a. Discussion/Recommendation – Lease Application of Airport Reserve Lands between the
City of Kenai and Hilcorp Alaska, LLC, for the properties described as Lots 5 and 6, FBO
Subdivision, for a term of 35 years.
[Clerk’s Note: This item was removed from the agenda during Approval of the Agenda.]
9. PENDING ITEMS: None.
10. REPORTS:
a. City Council – Council Member Molloy reviewed the Action Agenda of the July 5 City
Council meeting which was provided in the packet.
b. Borough Planning – No Report; next meeting July 17.
c. Administration – City Planner M. Kelley reported on the following:
• Revised Preliminary Plat of property donated to Tribe was going
back to same as it was, without removal of property lines, due
to financial considerations at this time;
• Provided an update on the status and input regarding the Draft
Landscape Site Plan Ordinance;
11. PERSONS PRESENT NOT SCHEDULED: None.
12. INFORMATIONAL ITEMS:
a. Planning & Zoning Resolutions – Second Quarter 2017
b. Building Permits – Second Quarter 2017
c. Code Enforcement Report – Second Quarter 2017
13. NEXT MEETING ATTENDANCE NOTIFICATION: July 26, 2017
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Commissioner Halstead noted he would be available to attend telephonically.
14. COMMISSION COMMENTS & QUESTIONS:
Commissioner Halstead thanked staff for their efforts on the Draft Landscape Site Plan Ordinance
and also thanked Council Member Glendening for the report on the Bluff Erosion Project.
Commissioner Peterson thanked Council Member’s Molloy and Glendening for their reports.
15. ADJOURNMENT:
There being no further business before the Commission, the meeting was adjourned at 8:04 p.m.
Minutes prepared and submitted by:
_____________________________
Jamie Heinz, CMC
Acting City Clerk
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STAFF REPORT
To: Planning & Zoning Commission
Date: July 26, 2017 Res: PZ17‐23
GENERAL INFORMATION
Applicant: City of Kenai
210 Fidalgo Avenue
Kenai, Alaska 99611
Submitted by: Integrity Surveys, Inc.
820 Set Net Drive
Kenai, Alaska 99611
Requested Action: Preliminary Subdivision Plat – Dragseth Subdivision 2017
Addition
Existing Legal
Description: Tract B Dragseth Subdivision 2016 Addition according to Plat
2016-22; portion of the E ½ NE ¼ SW ¼ , SE ¼ SE ¼ NE ¼,
and Government Lots 4 through 14, Section 7, T5N, R11W,
Seward Meridian.
Proposed Legal
Description: Tracts C and D, Dragseth Subdivision 2017 Addition
Street Address: None
KPB Parcel No.: 04910128; 04910051
Existing Zoning: Heavy Industrial and Rural Residential
Current Land Use: Airstrip and Vacant
Land Use Plan: Parks, Recreation and Open Space
ANALYSIS
This plat reconfigures Tract B, Dragseth Subdivision according to Plat No. 2016-
22 as well as a portion of the E ½ NE ¼ SW ¼, SE ¼ SE ¼ NE ¼, and Government
Lots 4 through 14, Section 7, T5N, R11W, Seward Meridian into two parcels. The
subject parcels would be described as Tract C containing approximately 25.7 acres
and Tract D containing approximately 77.2 acres. As reconfigured, the two
proposed parcels would meet the minimum lot size of 20,000 square feet for the
Rural Residential Zone.
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PZ17‐23 Staff Report Page 2
The subject parcels would be accessed via Royal Street, which is a 60-foot to 85-
foot gravel roadway that is accessed off Old Cannery Road, both of which are
maintained by the City. As shown on the preliminary plat, Tract D would also be
accessible via Bowpicker Lane, which is a 60-foot gravel roadway and is
maintained by the City.
Pursuant to Kenai Municipal Code (KMC) 14.10.070 – Subdivision Design
Standards a Block length is limited to no more than 1,400 feet. As shown on the
preliminary plat, the Block length of Tract D along Royal Street, would be
approximately 924.22 feet and approximately 977.89 feet along Bowpicker Lane.
Therefore, it would comply with KMC 14.10.070.
Both Tract C and Tract D, are currently undeveloped and owned by the City of
Kenai. Pursuant to PZ17-19, a Conditional Use Permit was issued to PRL, Inc. to
allow the operation of an Airport and Limited Use Airstrip on the proposed Tract C.
the Airstrip would be approximately 1,900 feet long and approximately 50 feet wide
and is to be located on an existing gravel/grass airstrip currently located on the
subject parcel. As proposed, the subject Tract C would be sold to PRL, Inc. after
the proposed preliminary plat is recorded.
RECOMMENDATIONS
As proposed, the preliminary plat would reconfigure the above discussed parcels
into two tracts to be known as Tract C and Tract D. Tract C has been approved
pursuant to PZ17-19 to be used as an Airport and Limited Use Airstrip by PRL, Inc.
Tract D is presently undeveloped and would remain in the ownership of the City.
The side property line of Tract C would extend out to the mean high tide line.
However, to preserve public access to the beach and the personal use fishery, a
50-foot Public Access Easement from the Mean High Water is to be granted by the
proposed plat. Therefore, public access would be maintained to the beach area
and the waters of Cook Inlet.
The Planning and Zoning Commission recommends approval of the plat of
Dragseth Subdivision 2017 Addition, with the following conditions:
a. Further development of the property shall conform to all Federal, State and
local regulations.
b. The City Manager for the City of Kenai must sign the plat, acknowledging
acceptance by the City of Kenai of the final plat.
ATTACHMENTS:
1. Resolution No. PZ17-23
2. Application
3. Preliminary Plat
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Resolution No. PZ17-11
Page 2 of 2
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ17-23
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 DRAGSETH SUBDIVISION 2017 ADDITION was
referred to the City of Kenai Planning and Zoning Commission on July 26, 2017, and
received from Integrity Surveys; and,
WHEREAS, the City of Kenai Planning and Zoning Commission finds:
1. Plat area is zoned Rural Residential and Heavy Industrial 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. The City Manager for the City of Kenai must sign the plat, acknowledging
acceptance by the City of Kenai of the Final Plat.
NOW, THEREFORE, BE IT RESOLVED, THAT THE PLANNING AND ZONING
COMMISSION OF THE CITY OF KENAI RECOMMENDS THE KENAI PENINSULA
BOROUGH PLANNING COMMISSION APPROVE THE ATTACHED PLAT OF
DRAGSETH SUBDIVISION 2017 ADDITION, SUBJECT TO THE FINDINGS AS
STATED ABOVE.
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI,
ALASKA, this 26th day of July, 2017.
CHAIRPERSON: ___________________ ATTEST:
Jeff Twait, Chairperson Jamie Heinz, Acting City Clerk
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MEMORANDUM
TO: Planning and Zoning Commission
FROM: Matt Kelley, City Planner
DATE: July 26, 2017
SUBJECT: Lease of Airport Reserve Lands to Hilcorp Alaska, LLC.
Hilcorp Alaska, LLC. has requested to lease Lots 5 and 6, FBO Subdivision for a term of 35
years. It is their intent to lease the above-described property to construct a hangar to support
their Cook Inlet Oil and Gas Operations. In discussions with Hilcorp, they propose to construct
the hangar across the property line between Lots 5 and 6, thus requiring a subdivision plat. Staff
has requested that they provide an updated site plan, which shows this lot line being removed
and further indicates the location of their proposed development on the subject parcels.
Therefore, staff would like to ask the Planning and Zoning Commission to postpone their
recommendation of the proposed lease to the next regular meeting of August 9, 2017 to allow
Hilcorp time to update their site plan.
Thank you for your consideration.
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KENAI PENINSULA BOROUGH PLANNING COMMISSION
GEORGE A. NAVARRE ADMINISTRATION BUILDING
ASSEMBLY CHAMBERS
144 NORTH BINKLEY STREET
SOLDOTNA, ALASKA 99669
July 17, 2017 - 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. Seater View Subdivision .............................................................. 2
KPB File 2009-085 [Integrity/Seater]
Location: Bordering Nikishka Bay in Nikiski
*2. Planning Commission Resolutions - None
*3. Plats Granted Administrative Approval ..................................................... 8
*4. Plats Granted Final Approval (20.10.040) - None
*5. Plat Amendment Request - None
*6. Utility Easement Vacation - None
*7. Commissioner Excused Absences
a. Anchor Point / Ninilchik – Vacant
b. Rick Foster, Southwest Borough
c. Robert Ruffner, Clam Gulch / Kasilof
d. Paul Whitney, City of Soldotna
*8. Minutes
a. June 26, 2017 Plat Committee Minutes
b. June 26, 2017 Planning Commission Minutes
D. PUBLIC COMMENT/PRESENTATIONS/COMMISSIONERS
Paulette Bokenko-
Carluccio
PC Member
City of Seldovia
Term Expires 2018
Vacant
PC Member
Anchor Point/ Ninilchik
Term Expires 2019
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
Diane Fikes
PC Member
Kenai City
Term Expires 2019
James Isham
PC Member
Sterling
Term Expires 2018
Harry Lockwood
PC Member
Ridgeway
Term Expires 2019
Blair Martin
Chairman
Kalifornsky Beach
Term Expires 2018
Virginia Morgan
PC Member
East Peninsula
Term Expires 2019
Robert Ruffner
Vice Chairman
Kasilof/Clam Gulch
Term Expires 2018
Franco Venuti
PC Member
City of Homer
Term Expires 2019
Page 26 of 33
(Items other than those appearing on the agenda. Limited to five minutes per speaker unless
previous arrangements are made
E. UNFINISHED BUSINESS
F. PUBLIC HEARINGS
1. Vacate a public easement in the Bear Creek area. ................................ 16
Location and request: Vacate a portion of King Arthur Dr along a
portion of Lot 16 as dedicated on Camelot By The Sea
Subdivision, Plat SW 76. Also dedicate a public right of way from
a portion of Lot 23 of Camelot By The Sea Subdivision, Plat SW
76. The right-of-way being vacated is developed and located
within the SE 1/4 of S23, T01N, R01W, SM, AK, within the KPB.
File 2017-085V. Purpose as stated in petition: Existing house
encroaches into right-of-way. Petitioners: Amber St. Amand Bell
and Matthew Hall of Seward, Alaska.
2. Ordinance 2017-20; An ordinance authorizing retention or .................... 25
sale of certain real property obtained by the Kenai Peninsula
Borough through Tax Foreclosure Proceedings.
3. Resolution 2017-___; Classifying 66.5 acres of Borough ....................... 39
land in the Cooper Landing area as Recreational. The borough
land is approximately 8 miles east of the community of Cooper
Landing at mile 40 of the Sterling Highway and specifically
located within Sections 10, 15, 16, T5N, R2W, S.M., Alaska, as
Recreational. Petitioner: Cooper Landing Advisory Planning
Commission
4. Public hearing on an ordinance to amend KPB 2.56.050 ....................... 64
to adopt Volumes I and II of the Seward 2030 Comprehensive
Plan as the official comprehensive plan for that portion of the
borough within the boundaries of the City of Seward.
5. Public Hearings on the Marijuana Facility License Applications to provide
comments to the State of Alaska.
a. Applicant: Alaska Harvest Company LLC; ............................. 135
Facility Type: Standard Marijuana Cultivation Facility;
Parcel: 133-490-16; Location: 24900 Orion St, Kasilof;
Legal Description: Tract K, Starr Tracts Daniels 1982
Addition, according to Plat 83-1, Kenai Recording
District.
b. Applicant: Alaska Native Cannabis Company, LLC; .............. 183
Facility Type: Retail Marijuana Store; Parcel: 065-450-
01; Location: 37650 Ridgeway St, Sterling; Legal
Description: Lot 1, Block 2, East Sterling Park
Subdivision, according to Plat 76-51, Kenai Recording
District.
c. Applicant: Lady Gray Growing; Facility Type: ...................... 220
Limited Marijuana Cultivation Facility; Parcel: 058-291-
25; Location: 36322 Pine St, Soldotna; Legal
Description: Lot C2, Robinette Subdivision Grossl
Paul Whitney
PC Member
City of Soldotna
Term Expires 2017
Max J. Best
Planning Director
Mike Navarre
Borough Mayor
Page 27 of 33
Addition #2, according to Plat 2012-75, Kenai Recording
District.
d. Applicant: High Tide Distributors; Facility Type: .................. 255
Limited Marijuana Cultivation Facility; Parcel: 013-360-
30 & 013-360-29; Location: 49172 Heights Ln, Nikiski;
Legal Description: Lot 8 & Lot 9, Block 2, Halbouty
Heights Subdivision, according to Plat 78-184, Kenai
Recording District.
e. Applicant: Greenstar, Inc.; Facility Type: Standard .............. 306
Marijuana Cultivation Facility; Parcel: 013-144-05;
Location: 54843 Kenai Spur Hwy, Nikiski; Legal
Description: Lot 4, Bruner Subdivision, according to
Plat 2003-55, Kenai Recording District.
6. Public Hearings on the Marijuana Facility License Renewal Applications
to provide comments to the State of Alaska.
a. Applicant: Greatland Ganja, LLC; Facility Type: .................. 362
Standard Marijuana Cultivation Facility; Parcel: 133-
280-29; Location: 56475 Sterling Hwy Kasilof; Legal
Description: Lot 3, Spruce Hills Subdivision William E.
Dam Sr. 1984 Addition, according to Plat 85-43, Kenai
Recording District.
b. Applicant: Budding Alaska LLC; Facility Type: .................... 372
Standard Marijuana Cultivation Facility; Parcel: 145-
070-01; Location: 32273 Old Nash Rd, Seward; 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.
c. Applicant: Peace Frog Botanicals, LLC; Facility Type: ........ 382
Limited Marijuana Cultivation Facility; Parcel: 013-590-
05; Location: 47459 Lakeside Dr, Kenai; Legal
Description: Lot 2, Block 1, Hershberger Subd. No. 2,
according to Plat 81-76, Kenai Recording District.
d. Applicant: Terra House LLC; Facility Type: Limited ............. 400
Marijuana Cultivation Facility; Parcel: 055-641-15;
Location: 48714 Jones Road, Suite 1, Soldotna; Legal
Description: Lot 3B, Gaede Eighty Subdivision Addition
No. Five, according to Plat 2002-47, Kenai Recording
District
e. Applicant: Cannaboyd; Facility Type: Limited ...................... 410
Marijuana Cultivation Facility; Parcel: 172-071-57;
Location: 35047 Lowbush St, Homer; Legal
Description: Lot 4-A, Blueberry Hill No. 2, according to
Plat 86-53, Homer Recording District.
PART B AGENDA PACKET
Page 28 of 33
G. ANADROMOUS WATERS HABITAT PROTECTION DISTRICT (21.18)
1. Resolution 2017-20; Public notice is hereby given that an ................... 415
application for a Conditional Use Permit has been received to
replace Quartz Creek Bridge on Quartz Creek Road. This project
is within the Borough’s 50-foot Habitat Protection District. This
project is located on the left and right banks of Quartz Creek on
Quartz Creek Road near Cooper Landing, Alaska. Petitioner:
Alaska Department of Transportation and Public Facilities.
(Postponed at the June 26, 2017 Planning Commission meeting)
2. Resolution 2017-24; Public notice is hereby given that an ................... 470
application for a Conditional Use Permit has been received to
replace existing culverts and widen the shoulders of the Sterling
Highway between Soldotna, near milepost 97, and Clam Gulch,
near milepost 118. This project is adjacent to several
anadromous streams and is within the Borough’s 50-foot Habitat
Protection District. Petitioner: Alaska Department of
Transportation and Public Facilities
H. VACATIONS NOT REQUIRING A PUBLIC HEARING - None
I. SPECIAL CONSIDERATIONS
1. Kenai River Salmon Run Subdivision Part 1 Amended ........................ 512
Lot 1 Block 3 Building Setback Exception
KPB File 2017-087; PC Resolution No. 2017-22
Location: On Canal Avenue (formerly Sockeye Way) in the
Funny River area
2. Rolling Hills Subdivision Lot 3 Block 1 Building Setback ...................... 525
Exception
KPB File 2017-092; PC Resolution No. 2017-23
Location: On Harbin Avenue in Sterling
J. SUBDIVISION PLAT PUBLIC HEARINGS
1. The Plat Committee is scheduled to review 11 preliminary plats.
K. OTHER/NEW BUSINESS
1. Plat Committee (August & September 2017)
5 members / 2 alternates
Members
Alternates
a. Jim Isham, Sterling
b. Paul Whitney, City of Soldotna (August & September)
L. ASSEMBLY COMMENTS
M. LEGAL REPRESENTATIVE COMMENTS
N. DIRECTOR'S COMMENTS
Page 29 of 33
O. COMMISSIONER COMMENTS
P. PENDING ITEMS FOR FUTURE ACTION
Q. ADJOURNMENT
MISCELLANEOUS INFORMATIONAL ITEMS
NO ACTION REQUIRED
1. Kenai Planning & Zoning Commission Meeting Minutes ................................... 548
- June 14, 2017
NEXT REGULARY SCHEDULED PLANNING COMMISSION MEETING
The next regularly scheduled Planning Commission meeting will be held Monday, August
14, 2017 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@kpb.us
website: http://www.kpb.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 August 9, 2017 6:00 p.m.
Moose Pass Moose Pass
Community Hall TBD 6:30 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.
Page 30 of 33
KENAI PENINSULA BOROUGH PLAT COMMITTEE
GEORGE A. NAVARRE ADMINISTRATION BUILDING
ASSEMBLY CHAMBERS
144 NORTH BINKLEY STREET
SOLDOTNA, ALASKA 99669
6:00 p.m. July 17, 2017
Tentative Agenda
A. CALL TO ORDER
B. ROLL CALL
C. APPROVAL OF AGENDA, EXCUSED ABSENCES, AND MINUTES
1. Agenda
2. Member/Alternate Excused Absences
3. Minutes
a. June 26, 2017 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. Bay View Subdivision 2017 Replat ........................................................... 2
KPB File 2017-062
[Seabright / AK Power Sports LLC]
Location: Ocean Dr & Douglas Pl, City of Homer
Homer Advisory Planning Commission
2. Foothills Subdivision Sunset View Estates Addition No. 3 ..................... 23
KPB File 2017-086
[Ability / Sunset View Estates LLC, Cabana]
Location: Tajen Ln & Soundview Ave, City of Homer
Homer Advisory Planning Commission
3. Dan Lee Subdivision No. 2 ..................................................................... 50
KPB File 2017-073
[Segesser / Johnson]
Location: Ridgeview St & Trader John St, Nikiski area
4. Dawn Estates Subdivision No. 4 ............................................................. 63
KPB File 2017-094
[Tinker Creek / Hart, Ellington]
Location: Edgington Rd & Hart Ct, Sterling area
5. Carl F. Ahlstrom Subdivision RPM’s Replat ........................................... 74
KPB File 2017-046
[Integrity / RPM’s LLC]
Location: Kenai Spur Hwy & Wildwood Dr, City of Kenai
6. Horn Subdivision Miller Replat .............................................................. 101
MEMBERS:
ALTERNATES:
Jim Isham
Sterling
Term Expires 2018
Paul Whitney
City of Soldotna
Term Expires 2017
Page 31 of 33
KPB File 2017-089
[Integrity / Miller]
Location: Trevor Ave & Aloft St, Ridgeway area
7. Mackey Lakes Subdivision Furlong and Short Addition ....................... 112
KPB File 2017-091
[Integrity / Furlong, Short]
Location: Mackey Lake Rd & Rainbow Dr, Soldotna area
8. Marvel Manor Subdivision Phase 5 ...................................................... 127
KPB File 2017-082R1
[Integrity / Moline]
Location: Robinson Loop Rd & Julie Bowman Ave, Sterling area
9. Section Line Easement Vacation Plat Associated with Carroll ............. 143
Martin Subdivision No. 2
KPB File 2015-021
[Integrity / King, Martin, KPB]
Location: Kalifornsky Beach Rd, east of Bridge Access Rd
10. Thompson Park Subdivision Pettey Replat .......................................... 159
KPB File 2017-090
[Integrity / Pettey]
Location: Kenai Spur Hwy & Thompson Pl, City of Kenai
11. ROW Acquisition Plat Sterling Highway and Main................................ 175
Street Intersection
KPB File 2017-093
[State of Alaska DOT&PF / M W S Investments,
Aurora Novel Ventures, LLC, Willis, Wisniewski Trust]
Location: Sterling Hwy & Main St, City of Homer
Homer Advisory Planning Commission
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, August 14,
2017 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@kpb.us
web site: http://www.kpb.us/planning-dept/planning-home
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