HomeMy WebLinkAbout2017-06-28 Planning & Zoning Packet
AGENDA
KENAI PLANNING & ZONING COMMISSION – REGULAR MEETING
June 28, 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 J. Halstead
*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 14, 2017 ................................................................................................... 1
3. SCHEDULED PUBLIC COMMENT: None
4. PERSONS PRESENT NOT SCHEDULED: (3 Minutes)
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 .................................................................... 7
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 ............................................................ 35
7. UNFINISHED BUSINESS: None
8. NEW BUSINESS: None
9. PENDING ITEMS: None
10. REPORTS:
a. City Council ...................................................................................................... 67
b. Borough Planning ..................................................................................... 71
c. Administration
11. PERSONS PRESENT NOT SCHEDULED: (3 Minutes)
12. INFORMATIONAL ITEMS:
a. Resolution No. 2017-24 – Amend Council Policy 2016-01, Procedures for
Commissions, Committees and Council on Aging ........................................... 77
13. NEXT MEETING ATTENDANCE NOTIFICATION: July 12, 2017
14. COMMISSION COMMENTS & QUESTIONS:
15. ADJOURNMENT:
CITY OF KENAI
PLANNING & ZONING COMMISSION
CITY COUNCIL CHAMBERS
JUNE 14, 2017- 7:00 P.M.
COMMISSION VICE CHAIR KEN PETERSON, PRESIDING
MINUTES
1. CALL TO ORDER:
Commission Vice Chair Peterson called the meeting to order at 7:00 p.m.
a. Pledge of Allegiance
Commission Vice Chair Peterson led those assembled in the Pledge of Allegiance.
b. Roll Call
Commissioners present: K. Peterson, J. Halstead, G. Greenberg, 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 Halstead 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 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 – B. Springer, J. Twait
2. *APPROVAL OF MINUTES: May 24, 2017
Page 1 of 83
Minutes were approved by the consent agenda.
[Clerk’s Note: Commission Chair Fikes joined the meeting at 7:01 p.m.]
3. SCHEDULED PUBLIC COMMENT: (10 Minutes) None scheduled.
4. PERSONS PRESENT NOT SCHEDULED: (3 Minutes) None.
5. CONSIDERATION OF PLATS:
a. PZ17-22 – Original Preliminary Plat of Thompson Park Subdivision Pettey Replat submitted
by Integrity Surveys, 820 Set Net Dr., Kenai, AK 99611, on behalf of Jay and Shirley G.
Pettey, 590 Dolchok Lane, Kenai, AK 99611.
City Planner Kelley reviewed his staff report provided in the packet noting plat vacated a property
line so the property owners could construct an addition to their residence and recommended
approval with the following recommendations:
• Further development of the property shall conform to all Federal, State, and local
regulations;
• The name, “Shirley G. Petter” be corrected to reflect the correct spelling of the
applicant’s name.
MOTION:
Commissioner Askin MOVED to approve Resolution No. PZ17-22 and Commissioner Fikes
SECONDED the motion.
Commission Vice Chair Peterson opened the public hearing.
Glenese Pettey spoke in favor of approval of the plat noting that they weren’t aware of the lot line
being in the way.
There being no one else wishing to speak, the public hearing was closed.
VOTE:
YEA: Greenberg, Askin, Fikes, Halstead, Peterson
NAY:
MOTION PASSED UNANIMOUSLY.
6. PUBLIC HEARINGS:
a. PZ17-17 - Application for a Conditional Use Permit to construct a residential income based
six family dwelling unit located in Kenai, Alaska, and further described as Lot 2, Kenai
Meadows. The application was submitted by Kenai Peninsula Housing Initiatives, 3751
Sterling Highway, Homer, Alaska 99603.
City Planner Kelley reviewed his staff report provided in the packet noting the Conditional Use
Page 2 of 83
Permit would allow a six-unit apartment community, 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;
• Prior to issuance of a Building Permit, a landscape/Site plan must be reviewed by
the City Planner;
• Priro to beginning construction of the project, a building permit must be issued by the
Building Official for the City of Kenai;
• A Biennial fire inspection must be completed by the Fire Marshall for the City of
Kenai;
• A yearly Conditional Use Permit report must be submitted to the City of Kenai prior
the 31st day of December of each year.
MOTION:
Commissioner Halstead MOVED to approve Resolution No. PZ17-17 and Commissioner Askin
SECONDED the motion.
Commission Vice Chair Peterson opened the public hearing.
Brandi McGee clarified that the playground was to be constructed at the same time as the
apartment building.
VOTE:
YEA: Greenberg, Askin, Halstead, Peterson, Fikes
NAY:
MOTION PASSED UNANIMOUSLY.
Commission Vice Chair Peterson noted the fifteen-day appeal period.
7. UNFINISHED BUSINESS: None.
8. NEW BUSINESS:
a. Discussion/Recommendation – Lease Renewal by Dewayne Benton for a period of five years
on the property located at 170 Granite Point Court.
Kelley reported that the property had been leased and transferred to Mr. Benton who utilizes the
property for aircraft storage and maintenance; requested 5 year lease renewal.
MOTION:
Commissioner Fikes MOVED to recommend approval of the lease renewal by Dewayne Benton
for a period of five years on the property located at 170 Granite Point Court and Commissioner
Greenberg SECONDED the motion.
Staff clarified that the property had been leased continually by various lessees since 1972.
Page 3 of 83
VOTE:
YEA: Greenberg, Askin, Halstead, Peterson, Fikes
NAY:
MOTION PASSED UNANIMOUSLY.
9. PENDING ITEMS: None.
10. REPORTS:
a. City Council – Council Member Molloy reviewed the Action Agenda of the June 7 City
Council meeting which was provided in the packet pointing out that the Committee
Commission policy had been amended and approved and clarifying that the ordinance
purchasing Lawton Acres was for the entire parcel. Also noted a resident complaint in the
Birch Street area regarding livestock.
b. Borough Planning – Borough Planning Commissioner Fikes thanked City Council for
nominating her to represent the City on the Borough Planning Commission and reviewed
actions from the June 12 meeting.
c. Administration – City Planner M. Kelley reported on the following:
• Attended Airport Commission meeting regarding the Landscape
Site Plan Ordinance; recommended the regulations not apply to
the Airport Light Industrial Zone;
• Working with Ex-Officios of Beautification Committee, Parks &
Recreation Commission, and Harbor Commission to schedule
discussions regarding the Landscape Site Plan Ordinance;
• Working on Conditional Use Permits for marijuana facilities;
• Looking at management of General Fund lands at the request
of the City Manager for a potential land sale.
11. PERSONS PRESENT NOT SCHEDULED: None.
12. INFORMATIONAL ITEMS: None.
13. NEXT MEETING ATTENDANCE NOTIFICATION: June 28, 2017
Joe Halstead noted he would be absent.
14. COMMISSION COMMENTS & QUESTIONS:
Commissioner Askin noted a trailer park was for sale.
Commissioner Greenberg asked about the availability of the Kenai Dipnet App.
15. ADJOURNMENT:
There being no further business before the Commission, the meeting was adjourned at 7:54 p.m.
Page 4 of 83
Minutes prepared and submitted by:
_____________________________
Jamie Heinz, CMC
Acting City Clerk
Page 5 of 83
THIS PAGE INTENTIONALLY LEFT BLANK
Page 6 of 83
STAFF REPORT
To: Planning & Zoning Commission
Date: June 28, 2017 Res: PZ17‐20
GENERAL INFORMATION
Applicant: ACG LLC.
386 Heath Place
Soldotna, AK 99669
Representative: Roger Boyd
37095 K-Beach Road
Kenai, AK 99611
Property Owner: Peninsula Moose Lodge
PO Box 309
Kenai, AK 99611
Requested Action: 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.
Legal Description: Lot 2, C-Plaza Subdivision
Street Address: 12516 Kenai Spur Highway
KPB Parcel No.: 04314013
Existing Zoning: CG – General Commercial
Current Land Use: Commercial Building
Land Use Plan: Mixed Use
ANALYSIS
General Information:
This is an application for the construction and operation of Commercial Marijuana
Establishment (CME) consisting of an approximately 3,000-square-foot Marijuana
Cultivation Facility, Standard and an approximately 2,500-square-foot Marijuana Product
Manufacturing Facility. The proposed CME would be located within an existing
approximately 5,500-square-foot commercial building, located on an approximately
42,253-square-foot lot.
Page 7 of 83
PZ17‐20 Staff Report
Page 2
The subject parcel is accessed via the Kenai Spur Highway and is located approximately
1,000 feet west of North Gill Street between McKinley Street and Haller Street. The
subject parcel is also bound by Second Avenue to the North, and is served by City of
Kenai water and sewer.
The subject parcel is developed with an existing approximately 5,500-square-foot
commercial building which was built in 1977.
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 Marijuana Cultivation Facility, Standard and a Marijuana Product
Manufacturing 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 14.20.120 is intended to provide
for areas where a broad range of retail, wholesale, and service establishments is
desirable. Uses are regulated to concentrate commercial development to the
greatest extent possible and to prevent any uses, which would have an adverse
effect upon nearby properties. New single-family and two-family residential uses and
other noncommercial uses, except as otherwise provided in this chapter, are not
permitted in this zone as principal uses because it is intended that land classified in
this zone be reserved for commercial purposes, and because a commercial zone is
not suited to the uses excluded above.
The subject commercial building was constructed in 1977 and has operated as the
Peninsula Moose Lodge until its closure in 2017. The operation of the Peninsula
Moose Lodge consisted of a private social club and included a private restaurant and
bar. Pursuant to KMC 14.20.010 – Land Use Table, a Fraternal Organization and a
Restaurant/Bar are a principally permitted use within the General Commercial Zone.
As proposed, the Commercial Marijuana Establishment would consist of an
approximately 3,000-square-foot Marijuana Cultivation Facility and a 2,500-square-
foot Marijuana Product Manufacturing Facility. According to the submitted
application, the proposed CME would not be open to the public, and would only be
used as a Marijuana Cultivation Facility and Product Manufacturing Facility.
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”.
Page 8 of 83
PZ17‐20 Staff Report
Page 3
Pursuant to the submitted site plan, primary access to the subject Commercial
Marijuana Establishment (CME) would be from the Kenai Spur Highway. Therefore,
impacts to the surrounding neighborhood would be minimal, concerning 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 purpose of KMC 14.20.150 and the intent of the
General Commercial Zoning District given the compliance with staff recommended
specific conditions of approval.
(2) The value of the adjoining property and neighborhood will not be significantly
impaired;
The proposed development must comply with the requirements of KMC 14.20.330 –
Standards for Commercial Marijuana Establishments. In addition, the proposed
development must also comply 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 Marijuana Cultivation Facility,
Standard and a Marijuana Product Manufacturing Facility 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.
Pursuant to the submitted application materials and a site visit by staff, the proposed
CME would comply with the requirements contained within KMC 14.20.330. 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, the
applicant has indicated that they will implement an Odor Control Plan. The Odor
Control Plan will consist of carbon filters and use of negative air pressure.
Furthermore, the applicant has indicated that Marijuana Product Manufacturing
portion of the proposed CME would not generate any odors, which would be
detectable by the public.
Concerning visual impacts and auditory impacts of the proposed CME, pursuant to
the KMC 14.20.330 the proposed CME would be locate within a fully enclosed
secure commercial building. Chapter 14.25 details the requirements of the
submission and approval of a Landscape Site Plan. KMC 14.25.020 gives the
requirements and in part states that a Landscape Site Plan is required for all
commercial development, which requires a change of use under KMC 14.20.250(a).
The proposed project requires a change of use under KMC 14.20.250(a) – Off-street
parking and loading requirements requires the submission of a Landscape Site Plan
because the proposed use of the building is a change of use. A Landscape Site
Plan will be required to be approved by the Planning Department prior to issuance of
the Building Permit.
Page 9 of 83
PZ17‐20 Staff Report
Page 4
The Landscape Site Plan will need to demonstrate compliance with the off-street
parking requirements in KMC 14.20.250(8) for a “Manufacturing/Industrial, research
and laboratories”, which requires One (1) space for every 500 square feet of gross
floor area plus three (3) for patron parking and “Nurseries and greenhouses” which
requires One (1) space per 500 square feet of gross floor area. Therefore, 8-spaces
will be required for the Marijuana Product Manufacturing Facility and 6-spaces will be
required for the Marijuana Cultivation Facility, Standard for 16 off-street parking
spaces.
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 2030 Imagine Kenai Comprehensive Plan as
Mixed Use (MU). The plan defines MU as “Mixed Use is intended for a compatible
mix of residential, retail, service, office, public, institutional and recreational uses.
Use are co-located in an integrated way that supports sustainable forms of transport
such as public transport, walking and biking, and increases neighborhood amenities.
Compatibility issues are addressed through careful site layout and building design.”
Goal 3 – Land Use of the 2030 Imagine Kenai Comprehensive Plan seeks to discuss
land use strategies to implement a forward-looking approach to community growth
and development. Objective LU-1 states “Establish siting and design standards so
that development is in harmony and scale with surrounding uses.” The applicants
have inducted that they do not plan to enlarge the existing commercial building nor
change its overall design. The proposed use would not be open to the public, and
there would be use of minimal signage. Therefore, there will be minimal evidence of
the proposed change of use for the proposed project and would largely go unnoticed
by the public. Therefore, as proposed, the developed would be in harmony with the
2030 Imagine Kenai Comprehensive Plan.
(4) Public services and facilities are adequate to serve the propose use;
City water and sewer serve the subject property. 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;
The proposed use is to establish and operate a Commercial Marijuana
Establishment consisting of an approximately 3,000-square-foot Marijuana
Cultivation Facility, Standard and an approximately 5,500-square-foot Marijuana
Product Manufacturing Facility.
Page 10 of 83
PZ17‐20 Staff Report
Page 5
The proposed CME would be located within an existing approximately 5,500-square-
foot commercial building, located on an approximately 42,253-square-foot lot.
Pursuant to the submitted application, and KMC 14.20.330(e) the CME would not
emit an odor that is detectable by the public. The CME would also require the
approval and issuance of a Standard Marijuana Cultivation Facility license and a
Marijuana Product Manufacturing 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.
KMC 14.20.330(f) provides that no portion of a CME can be located within the
following buffer distances:
(1) 1,000 feet of any primary and secondary schools (K-12) and 500 feet of any vocational
programs, post-secondary schools including but not limited to trade, technical, or vocational
schools, colleges and universities, recreation or youth centers, correctional facilities,
churches, and state licensed substance abuse treatment facilities providing substance abuse
treatment; and,
(2) Buffer distances shall be measured as the closest distance from the perimeter of a
stand-alone commercial marijuana establishment structure to the outer boundaries of the
school, recreation or youth center, or the main public entrance of a church, correctional
facility, or a substance abuse treatment facility providing substance abuse treatment. If the
commercial marijuana establishment occupies only a portion of a structure, buffer distances
are measured as the closest distance from the perimeter of the closest interior wall
segregating the commercial marijuana establishment from other uses, or available uses in
the structure, or an exterior wall if closer, to the outer boundaries of the school, recreation or
youth center, or the main public entrance of a church or correctional facility, a substance
abuse treatment facility providing substance abuse treatment.
Located east of the proposed CME is Kenai Christian Church, which was constructed
in 1971 with a Sanctuary and public entrance off McKinley Street. In 1982, Kenai
Christian Church added an addition and constructed a new Sanctuary and a new
public entrance located north of the then existing public entrance leading from a
newly constructed and expanded parking area. Then in 2004, a new covered entry
with artic entry was constructed to provide covered access to the church from the
parking area located to the north.
KMC 14.20.330(f) requires that buffer distances for churches be measured from the
closest distance from the perimeter of the CME to the main public entrance of a
church. In speaking with Kenai Christian Church, and in conducting a site visit both
during the week and on multiple Sunday’s, staff observed that the public primarily
uses the covered entrance, which is located off the main parking area to access, the
church.
In reviewing the City’s Geographic Information System, staff measured the distance
from the closest exterior wall of the proposed CME to the covered entrance and
determined that it is approximately 504 feet in length. Staff also measured the
distance from the entrance located off McKinley Street and determined that it is
approximately 420 feet in length. The applicant has submitted a survey, which
shows the distance from the entry of the proposed CME to the covered entry of the
church and shows that its distance is 516 feet in length.
Page 11 of 83
PZ17‐20 Staff Report
Page 6
Thus, staff feels that the buffer distance from the closest exterior wall of the
proposed CME to the main covered artic entrance of Kenai Christian Church is over
500 feet in length and that the proposed project meets the buffer requirements of
KMC 14.20.330(f).
Therefore, giving the above discussion and proposed conditions of approval, staff
believes that they proposed Commercial Marijuana Establishment, would not have a
harmful impact to the public safety, health or welfare.
(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 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/Site Plan Regulations.
4. All Marijuana Product Manufacturing methods shall conform to the requirements
within the International Fire Code.
5. Prior to operation of the Marijuana Cultivation Facility, Standard and/or the
Marijuana Product Manufacturing Facility, the applicant shall submit a copy of the
approved and fully executed license from the Alaska Alcohol & Marijuana Control
Board. The property owner shall comply with all regulations as stipulated by the
State of Alaska Marijuana Control Board.
6. A Sign Permit will be required for the construction of any proposed signage.
7. Pursuant to Kenai Municipal Code Section, 14.20.150(f) the property owner shall
submit an Annual Report to the City of Kenai.
Page 12 of 83
PZ17‐20 Staff Report
Page 7
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 for the
establishment and operation of a Commercial Marijuana Establishment consisting of a
Marijuana Cultivation Facility, Standard and a Marijuana Product Manufacturing Facility
be approved, subject to 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 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/Site Plan Regulations.
4. All Marijuana Product Manufacturing methods shall conform to the requirements
within the International Fire Code.
5. 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 Board. The property owner shall comply with all regulations as stipulated
by the State of Alaska Marijuana Control Board.
6. A Sign Permit will be required for the construction of any proposed signage.
7. Pursuant to Kenai Municipal Code Section, 14.20.150(f) the property owner shall
submit an Annual Report to the City of Kenai.
ATTACHMENTS:
1. Resolution No. PZ17-20
2. Application
3. Supplemental Application Information
4. Site Plan
5. Map
6. Public Notice, Application for Marijuana Establishment License
Page 13 of 83
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ17-20
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 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.
APPLICANT: ACG LLC.
PROPERTY ADDRESS: 12516 Kenai Spur Highway, Kenai, AK 99611
LEGAL DESCRIPTION: Lot 2, C-Plaza Subdivision
KENAI PENINSULA BOROUGH PARCEL NO: 04314013
WHEREAS, an application meeting the requirements of Section 14.20.150 has been submitted
and received on May 19, 2017; 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 28, 2017; and,
WHEREAS, the applicant has demonstrated with plans and other documents that the
prerequisites of a Conditional Use Permit have been met; and,
WHEREAS, Kenai Municipal Code 14.20.150 details the intent and application process for
conditional uses and specifies the review criteria that must be satisfied prior to issuing the
permit, which are the following:
(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.
210 Fidalgo Avenue, Kenai, Alaska 99611-7794
Telephone: 907-283-7535 / Fax: 907-283-3014
www.kenai.city
Page 14 of 83
Resolution No. PZ17-20 Conditional Use Permit
Page | 2
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 Marijuana Cultivation
Facility, Standard and a Marijuana Product Manufacturing 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 14.20.120 is intended to provide for
areas where a broad range of retail, wholesale, and service establishments is desirable.
Uses are regulated to concentrate commercial development to the greatest extent possible
and to prevent any uses, which would have an adverse effect upon nearby properties. New
single-family and two-family residential uses and other noncommercial uses, except as
otherwise provided in this chapter, are not permitted in this zone as principal uses because
it is intended that land classified in this zone be reserved for commercial purposes, and
because a commercial zone is not suited to the uses excluded above.
The subject commercial building was constructed in 1977 and has operated as the
Peninsula Moose Lodge until its closure in 2017. The operation of the Peninsula Moose
Lodge consisted of a private social club and included a private restaurant and bar.
Pursuant to KMC 14.20.010 – Land Use Table, a Fraternal Organization and a
Restaurant/Bar are a principally permitted use within the General Commercial Zone.
As proposed, the Commercial Marijuana Establishment would consist of an approximately
3,000-square-foot Marijuana Cultivation Facility and a 2,500-square-foot Marijuana Product
Manufacturing Facility. According to the submitted application, the proposed CME would
not be open to the public, and would only be used as a Marijuana Cultivation Facility and
Product Manufacturing Facility.
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. Therefore, impacts to the
surrounding neighborhood would be minimal, concerning 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 purpose of KMC 14.20.150 and the intent of the General Commercial
Zoning District given the compliance with staff recommended specific conditions of
approval.
(2) The value of the adjoining property and neighborhood will not be significantly impaired.
The proposed development must comply with the requirements of KMC 14.20.330 –
Standards for Commercial Marijuana Establishments. In addition, the proposed
development must also comply 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.
Page 15 of 83
Resolution No. PZ17-20 Conditional Use Permit
Page | 3
Pursuant to KMC 14.20.010 – Land Use Table, a Marijuana Cultivation Facility, Standard
and a Marijuana Product Manufacturing Facility 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.
Pursuant to the submitted application materials and a site visit by staff, the proposed CME
would comply with the requirements contained within KMC 14.20.330. 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, the applicant has indicated that they will
implement an Odor Control Plan. The Odor Control Plan will consist of carbon filters and
use of negative air pressure. Furthermore, the applicant has indicated that Marijuana
Product Manufacturing portion of the proposed CME would not generate any odors, which
would be detectable by the public.
Concerning visual impacts and auditory impacts of the proposed CME, pursuant to the
KMC 14.20.330 the proposed CME would be locate within a fully enclosed secure
commercial building. Chapter 14.25 details the requirements of the submission and
approval of a Landscape Site Plan. KMC 14.25.020 gives the requirements and in part
states that a Landscape Site Plan is required for all commercial development, which
requires a change of use under KMC 14.20.250(a). The proposed project requires a
change of use under KMC 14.20.250(a) – Off-street parking and loading requirements
requires the submission of a Landscape Site Plan because the proposed use of the
building is a change of use. A Landscape Site Plan will be required to be approved by the
Planning Department prior to issuance of the Building Permit.
The Landscape Site Plan will need to demonstrate compliance with the off-street parking
requirements in KMC 14.20.250(8) for a “Manufacturing/Industrial, research and
laboratories”, which requires One (1) space for every 500 square feet of gross floor area
plus three (3) for patron parking and “Nurseries and greenhouses” which requires One (1)
space per 500 square feet of gross floor area. Therefore, 8-spaces will be required for the
Marijuana Product Manufacturing Facility and 6-spaces will be required for the Marijuana
Cultivation Facility, Standard for 16 off-street parking spaces.
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.
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Resolution No. PZ17-20 Conditional Use Permit
Page | 4
(3) The proposed use is in harmony with the Comprehensive Plan.
The subject parcel is defined in the 2030 Imagine Kenai Comprehensive Plan as Mixed
Use (MU). The plan defines MU as “Mixed Use is intended for a compatible mix of
residential, retail, service, office, public, institutional and recreational uses. Use are co-
located in an integrated way that supports sustainable forms of transport such as public
transport, walking and biking, and increases neighborhood amenities. Compatibility issues
are addressed through careful site layout and building design.”
Goal 3 – Land Use of the 2030 Imagine Kenai Comprehensive Plan seeks to discuss land
use strategies to implement a forward-looking approach to community growth and
development. Objective LU-1 states “Establish siting and design standards so that
development is in harmony and scale with surrounding uses.” The applicants have
inducted that they do not plan to enlarge the existing commercial building nor change its
overall design. The proposed use would not be open to the public, and there would be use
of minimal signage. Therefore, there will be minimal evidence of the proposed change of
use for the proposed project and would largely go unnoticed by the public. Therefore, as
proposed, the developed would be in harmony with the 2030 Imagine Kenai
Comprehensive Plan.
(4) Public services and facilities are adequate to serve the proposed use.
City water and sewer serve the subject property. 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.
The proposed use is to establish and operate a Commercial Marijuana Establishment
consisting of an approximately 3,000-square-foot Marijuana Cultivation Facility, Standard
and an approximately 5,500-square-foot Marijuana Product Manufacturing Facility.
The proposed CME would be located within an existing approximately 5,500-square-foot
commercial building, located on an approximately 42,253-square-foot lot. Pursuant to the
submitted application, and KMC 14.20.330(e) the CME would not emit an odor that is
detectable by the public. The CME would also require the approval and issuance of a
Standard Marijuana Cultivation Facility license and a Marijuana Product Manufacturing
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.
KMC 14.20.330(f) provides that no portion of a CME can be located within the following
buffer distances:
(1) 1,000 feet of any primary and secondary schools (K-12) and 500 feet of any vocational
programs, post-secondary schools including but not limited to trade, technical, or vocational schools,
colleges and universities, recreation or youth centers, correctional facilities, churches, and state
licensed substance abuse treatment facilities providing substance abuse treatment; and,
Page 17 of 83
Resolution No. PZ17-20 Conditional Use Permit
Page | 5
(2) Buffer distances shall be measured as the closest distance from the perimeter of a stand-alone
commercial marijuana establishment structure to the outer boundaries of the school, recreation or
youth center, or the main public entrance of a church, correctional facility, or a substance abuse
treatment facility providing substance abuse treatment. If the commercial marijuana establishment
occupies only a portion of a structure, buffer distances are measured as the closest distance from
the perimeter of the closest interior wall segregating the commercial marijuana establishment from
other uses, or available uses in the structure, or an exterior wall if closer, to the outer boundaries of
the school, recreation or youth center, or the main public entrance of a church or correctional facility,
a substance abuse treatment facility providing substance abuse treatment.
Located east of the proposed CME is Kenai Christian Church, which was constructed in
1971 with a Sanctuary and public entrance off McKinley Street. In 1982, Kenai Christian
Church added an addition and constructed a new Sanctuary and a new public entrance
located north of the then existing public entrance leading from a newly constructed and
expanded parking area. Then in 2004, a new covered entry with artic entry was
constructed to provide covered access to the church from the parking area located to the
north.
KMC 14.20.330(f) requires that buffer distances for churches be measured from the closest
distance from the perimeter of the CME to the main public entrance of a church. In
speaking with Kenai Christian Church, and in conducting a site visit both during the week
and on multiple Sunday’s, staff observed that the public primarily uses the covered
entrance, which is located off the main parking area to access, the church.
In reviewing the City’s Geographic Information System, staff measured the distance from
the closest exterior wall of the proposed CME to the covered entrance and determined that
it is approximately 504 feet in length. Staff also measured the distance from the entrance
located off McKinley Street and determined that it is approximately 420 feet in length. The
applicant has submitted a survey, which shows the distance from the entry of the proposed
CME to the covered entry of the church and shows that its distance is 516 feet in length.
Thus, staff feels that the buffer distance from the closest exterior wall of the proposed CME
to the main covered artic entrance of Kenai Christian Church is over 500 feet in length and
that the proposed project meets the buffer requirements of KMC 14.20.330(f).
Therefore, giving the above discussion and proposed conditions of approval, staff believes
that they proposed Commercial Marijuana Establishment, would not have a harmful
impact to the public safety, health or welfare.
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.
Page 18 of 83
Resolution No. PZ17-20 Conditional Use Permit
Page | 6
3. Prior to issuance of the Building Permit, the applicant 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/Site
Plan Regulations.
4. All Marijuana Product Manufacturing methods shall conform to the requirements within
the International Fire Code.
5. Prior to operation of the Marijuana Cultivation Facility, Standard and/or the Marijuana
Product Manufacturing Facility, the applicant shall submit a copy of the approved and
fully executed license from the Alaska Alcohol & Marijuana Control Board. The property
owner shall comply with all regulations as stipulated by the State of Alaska Marijuana
Control Board.
6. A Sign Permit will be required for the construction of any proposed signage.
7. 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 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 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 28th day of June, 2017.
___________________________
ATTEST: JEFF TWAIT, CHAIRPERSON
_______________________________________
Jamie Heinz, Acting City Clerk
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SECOND AVE
KENAI SPUR HWY MCKINLEY ST504 Feet504 Feet
Proposed Commercial Marijuana Establishment
Kenai Christian Church
Covered Main Public Entrance
PZ17 - 20 Proposed Commercial MarijuanaEstablishment Buffers
420 Feet420 Feet
®
McKinley Street Entrance
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Page 34 of 83
STAFF REPORT
To: Planning & Zoning Commission
Date: June 28, 2016 Res: PZ17‐21
GENERAL INFORMATION
Applicant: Majestic Gardens
P.O. Box 3526
Kenai, AK 99611
Representative: Deniece and Ronald Isascs
P.O. Box 3526
Kenai, AK 99611
Property Owner Deborah Charlesworth
P.O. Box 8312
Nikiski, AK 99635
Requested Action: 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 a
3,800-square-foot Marijuana Cultivation Facility, Standard
and an approximately 1,200-square-foot Marijuana Product
Manufacturing Facility.
Legal Description: Government Lot 142 & the West 20 Feet of Government
Lot 141, Section 31, T5N, R11W
Street Address: 12656 Kenai Spur Highway
KPB Parcel No.: 04314010
Existing Zoning: CG – General Commercial
Current Land Use: Undeveloped
Land Use Plan: Mixed Use
ANALYSIS
General Information:
The applicant requests to construct a proposed approximately 2,016-square-foot
detached one-story commercial building which would consist of a Commercial Marijuana
Establishment (CME) and contain an approximately 288-square-foot Retail Marijuana
Store, 500-square-foot Marijuana Cultivation Facility, and an approximately 360-square-
foot garden supply retail store.
Page 35 of 83
PZ17‐21 Staff Report
Page 2
The project is also a request to construct a proposed approximately 5,000-square-foot
detached one-story metal commercial building which would consist of a Commercial
Marijuana Establishment containing an approximately 3,800-square-foot Marijuana
Cultivation Facility, Standard, and an approximately 1,200-square-foot Marijuana
Product Manufacturing Facility.
The subject parcel is located on the Northeastern corner of the Kenai Spur Highway and
Evergreen Street and is further bound by Second Avenue to the North. Access to the
subject parcel would be from existing driveway encroachments located on the Kenai
Spur Highway and Evergreen Street. City of Kenai water and sewer serve the subject
parcel.
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, Marijuana Cultivation Facility, Limited, Marijuana
Cultivation Facility, Standard, and a Marijuana Product Manufacturing Facility may
be established and operated under a Conditional Use Permit within the General
Commercial Zone. The General Commercial Zone, as outlined in KMC 14.20.120 is
intended to provide for areas where a broad range of retail, wholesale, and service
establishments is desirable. Uses are regulated to concentrate commercial
development to the greatest extent possible and to prevent any uses, which would
have an adverse effect upon nearby properties. New single-family and two-family
residential uses and other noncommercial uses, except as otherwise provided in this
chapter, are not permitted in this zone as principal uses because it is intended that
land classified in this zone be reserved for commercial purposes, and because a
commercial zone is not suited to the uses excluded above.
The subject parcel previously contained Larry’s Club restaurant and bar, which
burned down in early 1990’s. Pursuant to KMC 14.22.010 – Land Use Table, a
Retail Marijuana Store, Marijuana Cultivation Facility, Limited and Standard, as well
as a Marijuana Product Manufacturing Facility are a Conditional Use within the
General Commercial Zoning District.
Pursuant to the submitted site plan, the applicant proposes to construct the smaller
building containing the Retail Marijuana Store and Limited Marijuana Cultivation
Facility at a distance of 80 feet from the front property line. The larger building would
be constructed behind the proposed smaller building at a distance of 145 feet from
the front property line. The front setback for the General Commercial Zoning District
is 20 feet. Therefore, the proposed project meeting the setback requires as required
in the General Commercial Zoning District.
Page 36 of 83
PZ17‐21 Staff Report
Page 3
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 with a marijuana cultivation facility would
be appropriate within the zone.
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
or Evergreen Street, and not through the surrounding neighborhood. Therefore,
impacts to the surrounding neighborhood should be minimal, concerning 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, Marijuana
Cultivation Facility, Limited and Standard, and a Marijuana Product Manufacturing
Facility 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) no CME’s shall 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.
Page 37 of 83
PZ17‐21 Staff Report
Page 4
Concerning visual and auditory impacts of the proposed CME, pursuant to the KMC
14.20.330 the proposed CME would be located within a fully enclosed secure
commercial building. Chapter 14.25 details the requirements of the submission and
approval of a Landscape Site Plan. KMC 14.25.020 gives the requirements and in
part states that a Landscape Site Plan is required for all commercial development for
new construction. The proposed project requires a building permit and is new
construction and therefore requires the submission of a Landscape Site Plan. A
Landscape Site Plan will be required to be approved by the Planning Department
prior to issuance of the Building Permit.
The Landscape Site Plan will need to demonstrate compliance with the off-street
parking requirements in KMC 14.20.250(8) for “Store: Retail and wholesale sales of
non-bulky items”, which requires One (1) space per 300 square feet of gross floor
area, “Manufacturing/Industrial, research and laboratories”, which requires One (1)
space for every 500 square feet of gross floor area plus three (3) for patron parking
and “Nurseries and greenhouses” which requires One (1) space per 500 square feet
of gross floor area. Therefore, 1-space will be required for the Retail Marijuana
Store, 2-spaces for the Garden Supply Store, 6-spaces for the Marijuana Product
Manufacturing Facility and 10-spaces will be required for the Marijuana Cultivation
Facility, Standard and Limited for a total of 19 off-street parking spaces.
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 2030 Imagine Kenai Comprehensive Plan as
Mixed Use (MU). The plan defines MU as “Mixed Use is intended for a compatible
mix of residential, retail, service, office, public, institutional and recreational uses.
Use are co-located in an integrated way that supports sustainable forms of transport
such as public transport, walking and biking, and increases neighborhood amenities.
Compatibility issues are addressed through careful site layout and building design.”
Goal 3 – Land Use of the 2030 Imagine Kenai Comprehensive Plan seeks to discuss
land use strategies to implement a forward-looking approach to community growth
and development. Objective LU-1 states “Establish siting and design standards so
that development is in harmony and scale with surrounding uses.”
The area is comprised of existing commercial development located along the Kenai
Spur Highway, which fosters a mix of compatible commercial and retail uses. The
proposed Retail Marijuana Store and Garden Supply Retail Store would be open to
the public whereas the remaining portions of the project would not.
Page 38 of 83
PZ17‐21 Staff Report
Page 5
Therefore, as proposed, the developed would be in harmony with the 2030 Imagine
Kenai Comprehensive Plan.
(4) Public services and facilities are adequate to serve the propose use;
City water and sewer serve the subject property. 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;
The proposed project is construct an approximately 2,016-square-foot detached one-
story commercial building that would consist of a Commercial Marijuana
Establishment (CME) and contain an approximately 288-square-foot Retail Marijuana
Store, 500-square-foot Marijuana Cultivation Facility, and an approximately 360-
square-foot garden supply retail store. The project is also to construct a proposed
approximately 5,000-square-foot detached one-story metal commercial building
which would consist of a Commercial Marijuana Establishment containing an
approximately 3,800-square-foot Marijuana Cultivation Facility, Standard, and an
approximately 1,200-square-foot Marijuana Product Manufacturing Facility.
KMC 14.20.330(f) provides that no portion of a CME can be located within the
following buffer distances:
(1) 1,000 feet of any primary and secondary schools (K-12) and 500 feet of any vocational
programs, post-secondary schools including but not limited to trade, technical, or vocational
schools, colleges and universities, recreation or youth centers, correctional facilities,
churches, and state licensed substance abuse treatment facilities providing substance abuse
treatment; and,
(2) Buffer distances shall be measured as the closest distance from the perimeter of a
stand-alone commercial marijuana establishment structure to the outer boundaries of the
school, recreation or youth center, or the main public entrance of a church, correctional
facility, or a substance abuse treatment facility providing substance abuse treatment. If the
commercial marijuana establishment occupies only a portion of a structure, buffer distances
are measured as the closest distance from the perimeter of the closest interior wall
segregating the commercial marijuana establishment from other uses, or available uses in
the structure, or an exterior wall if closer, to the outer boundaries of the school, recreation or
youth center, or the main public entrance of a church or correctional facility, a substance
abuse treatment facility providing substance abuse treatment.
With regards to buffer distances as discussed in KMC 14.20.330(f)(1), the proposed
CME would not be located within 1,000 feet of any primary and secondary school (K-
12) or within 500 feet of any vocational program, post-secondary school including but
not limited to trade, technical, or vocational schools, college and universities. In
addition, it would not be within 500 feet of any, recreation or youth centers,
correctional facilities, churches, and state licensed substance abuse treatment
facilities providing substance abuse treatment. Therefore, the proposed CME meets
the buffer requirements of KMC 14.20.330(f)(1).
Therefore, giving the above discussion and proposed conditions of approval, staff
believes that they proposed Commercial Marijuana Establishment, would not have a
harmful impact to the public safety, health or welfare, provided that all conditions
recommended by staff and the Planning and Zoning Commission are followed.
Page 39 of 83
PZ17‐21 Staff Report
Page 6
(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 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/Site Plan Regulations.
4. All Marijuana Product Manufacturing methods shall conform to the requirements
within the International Fire Code.
5. Prior to operation of the Retail Marijuana Store and/or Marijuana Cultivation
Facility, Limited and/or 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 Board. The applicant shall comply with all regulations as stipulated by
the State of Alaska Marijuana Control Board.
6. 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.
7. Pursuant to Kenai Municipal Code Section 14.20.150(f), the applicant shall
submit an Annual Report to the City of Kenai.
Page 40 of 83
PZ17‐21 Staff Report
Page 7
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 for the
establishment and operation of a Commercial Marijuana Establishment consisting of a
Retail Marijuana Store, Marijuana Cultivation Facility, Limited, Marijuana Cultivation
Facility Standard, and a Marijuana Product Manufacturing Facility be approved, subject
to 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 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/Site Plan Regulations.
4. All Marijuana Product Manufacturing methods shall conform to the requirements
within the International Fire Code.
5. Prior to operation of the Retail Marijuana Store and/or Marijuana Cultivation
Facility, Limited and/or 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 Board. The applicant shall comply with all regulations as stipulated by
the State of Alaska Marijuana Control Board.
6. 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.
7. Pursuant to Kenai Municipal Code Section 14.20.150(f), the applicant shall
submit an Annual Report to the City of Kenai.
ATTACHMENTS:
1. Resolution No. PZ17-21
2. Application
3. Supplemental Application Information
4. Site Plan
5. Map
Page 41 of 83
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ17-21
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 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 A 3,800-SQUARE-FOOT MARIJUANA
CULTIVATION FACILITY, STANDARD AND AN APPROXIMATELY 1,200-SQUARE-FOOT
MARIJUANA PRODUCT MANUFACTURING FACILITY.
APPLICANT: Majestic Gardens
PROPERTY ADDRESS: 12656 Kenai Spur Highway, Kenai, AK 99611
LEGAL DESCRIPTION: Government Lot 142 & the West 20 Feet of Government Lot 141,
Section 31, T5N, R11W
KENAI PENINSULA BOROUGH PARCEL NO: 04314010
WHEREAS, an application meeting the requirements of Section 14.20.150 has been submitted
and received on May 30, 2017; 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 28, 2017; and,
WHEREAS, the applicant has demonstrated with plans and other documents that the
prerequisites of a Conditional Use Permit have been met; and,
WHEREAS, Kenai Municipal Code 14.20.150 details the intent and application process for
conditional uses and specifies the review criteria that must be satisfied prior to issuing the
permit, which are the following:
(1) 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
Page 42 of 83
Resolution No. PZ17-21 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,
Marijuana Cultivation Facility, Limited, Marijuana Cultivation Facility, Standard, and a
Marijuana Product Manufacturing Facility may be established and operated under a
Conditional Use Permit within the General Commercial Zone. The General Commercial
Zone, as outlined in KMC 14.20.120 is intended to provide for areas where a broad range
of retail, wholesale, and service establishments is desirable. Uses are regulated to
concentrate commercial development to the greatest extent possible and to prevent any
uses, which would have an adverse effect upon nearby properties. New single-family and
two-family residential uses and other noncommercial uses, except as otherwise provided in
this chapter, are not permitted in this zone as principal uses because it is intended that land
classified in this zone be reserved for commercial purposes, and because a commercial
zone is not suited to the uses excluded above.
The subject parcel previously contained Larry’s Club restaurant and bar, which burned
down in early 1990’s. Pursuant to KMC 14.22.010 – Land Use Table, a Retail Marijuana
Store, Marijuana Cultivation Facility, Limited and Standard, as well as a Marijuana Product
Manufacturing Facility are a Conditional Use within the General Commercial Zoning
District.
Pursuant to the submitted site plan, the applicant proposes to construct the smaller building
containing the Retail Marijuana Store and Limited Marijuana Cultivation Facility at a
distance of 80 feet from the front property line. The larger building would be constructed
behind the proposed smaller building at a distance of 145 feet from the front property line.
The front setback for the General Commercial Zoning District is 20 feet. Therefore, the
proposed project meeting the setback requires as required in the General Commercial
Zoning District.
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 with a marijuana cultivation facility would be appropriate within the zone.
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 or Evergreen Street, and not through the surrounding
neighborhood. Therefore, impacts to the surrounding neighborhood should be minimal,
concerning 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.
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Resolution No. PZ17-21 Conditional Use Permit
Page | 3
(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, Marijuana
Cultivation Facility, Limited and Standard, and a Marijuana Product Manufacturing Facility
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) no
CME’s shall 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.
Concerning visual and auditory impacts of the proposed CME, pursuant to the KMC
14.20.330 the proposed CME would be located within a fully enclosed secure commercial
building. Chapter 14.25 details the requirements of the submission and approval of a
Landscape Site Plan. KMC 14.25.020 gives the requirements and in part states that a
Landscape Site Plan is required for all commercial development for new construction. The
proposed project requires a building permit and is new construction and therefore requires
the submission of a Landscape Site Plan. A Landscape Site Plan will be required to be
approved by the Planning Department prior to issuance of the Building Permit.
The Landscape Site Plan will need to demonstrate compliance with the off-street parking
requirements in KMC 14.20.250(8) for “Store: Retail and wholesale sales of non-bulky
items”, which requires One (1) space per 300 square feet of gross floor area,
“Manufacturing/Industrial, research and laboratories”, which requires One (1) space for
every 500 square feet of gross floor area plus three (3) for patron parking and “Nurseries
and greenhouses” which requires One (1) space per 500 square feet of gross floor area.
Therefore, 1-space will be required for the Retail Marijuana Store, 2-spaces for the Garden
Supply Store, 6-spaces for the Marijuana Product Manufacturing Facility and 10-spaces will
be required for the Marijuana Cultivation Facility, Standard and Limited for a total of 19 off-
street parking spaces.
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.
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Resolution No. PZ17-21 Conditional Use Permit
Page | 4
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 2030 Imagine Kenai Comprehensive Plan as Mixed
Use (MU). The plan defines MU as “Mixed Use is intended for a compatible mix of
residential, retail, service, office, public, institutional and recreational uses. Use are co-
located in an integrated way that supports sustainable forms of transport such as public
transport, walking and biking, and increases neighborhood amenities. Compatibility issues
are addressed through careful site layout and building design.”
Goal 3 – Land Use of the 2030 Imagine Kenai Comprehensive Plan seeks to discuss land
use strategies to implement a forward-looking approach to community growth and
development. Objective LU-1 states “Establish siting and design standards so that
development is in harmony and scale with surrounding uses.”
The area is comprised of existing commercial development located along the Kenai Spur
Highway, which fosters a mix of compatible commercial and retail uses. The proposed
Retail Marijuana Store and Garden Supply Retail Store would be open to the public
whereas the remaining portions of the project would not.
Therefore, as proposed, the developed would be in harmony with the 2030 Imagine Kenai
Comprehensive Plan.
(4) Public services and facilities are adequate to serve the proposed use.
City water and sewer serve the subject property. 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.
The proposed project is construct an approximately 2,016-square-foot detached one-story
commercial building that would consist of a Commercial Marijuana Establishment (CME)
and contain an approximately 288-square-foot Retail Marijuana Store, 500-square-foot
Marijuana Cultivation Facility, and an approximately 360-square-foot garden supply retail
store. The project is also to construct a proposed approximately 5,000-square-foot
detached one-story metal commercial building which would consist of a Commercial
Marijuana Establishment containing an approximately 3,800-square-foot Marijuana
Cultivation Facility, Standard, and an approximately 1,200-square-foot Marijuana Product
Manufacturing Facility.
KMC 14.20.330(f) provides that no portion of a CME can be located within the following
buffer distances:
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Resolution No. PZ17-21 Conditional Use Permit
Page | 5
(1) 1,000 feet of any primary and secondary schools (K-12) and 500 feet of any vocational
programs, post-secondary schools including but not limited to trade, technical, or vocational schools,
colleges and universities, recreation or youth centers, correctional facilities, churches, and state
licensed substance abuse treatment facilities providing substance abuse treatment; and,
(2) Buffer distances shall be measured as the closest distance from the perimeter of a stand-alone
commercial marijuana establishment structure to the outer boundaries of the school, recreation or
youth center, or the main public entrance of a church, correctional facility, or a substance abuse
treatment facility providing substance abuse treatment. If the commercial marijuana establishment
occupies only a portion of a structure, buffer distances are measured as the closest distance from
the perimeter of the closest interior wall segregating the commercial marijuana establishment from
other uses, or available uses in the structure, or an exterior wall if closer, to the outer boundaries of
the school, recreation or youth center, or the main public entrance of a church or correctional facility,
a substance abuse treatment facility providing substance abuse treatment.
With regards to buffer distances as discussed in KMC 14.20.330(f)(1), the proposed CME
would not be located within 1,000 feet of any primary and secondary school (K-12) or within
500 feet of any vocational program, post-secondary school including but not limited to
trade, technical, or vocational schools, college and universities. In addition, it would not be
within 500 feet of any, recreation or youth centers, correctional facilities, churches, and
state licensed substance abuse treatment facilities providing substance abuse treatment.
Therefore, the proposed CME meets the buffer requirements of KMC 14.20.330(f)(1).
Therefore, giving the above discussion and proposed conditions of approval, staff believes
that they proposed Commercial Marijuana Establishment, would not have a harmful
impact to the public safety, health or welfare, provided that all conditions recommended by
staff and the Planning and Zoning Commission are followed.
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.
3. 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/Site Plan Regulations.
4. All Marijuana Product Manufacturing methods shall conform to the requirements within
the International Fire Code.
Page 46 of 83
Resolution No. PZ17-21 Conditional Use Permit
Page | 6
5. Prior to operation of the Retail Marijuana Store and/or Marijuana Cultivation Facility,
Limited and/or 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 Board. The applicant
shall comply with all regulations as stipulated by the State of Alaska Marijuana Control
Board.
6. 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.
7. Pursuant to Kenai Municipal Code Section 14.20.150(f), the applicant 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 CONSTRUCTION AND OPERATION OF AN APPROXIMATELY 288-SQUARE-FOOT
RETAIL MARIJUANA STORE AND A 500-SQUARE-FOOT MARIJUANA CULTIVATION
FACILITY, LIMITED AND ALSO THE CONSTRUCTION AND OPERATION OF AN
APPROXIMATELY A 3,800-SQUARE-FOOT MARIJUANA CULTIVATION FACILITY,
STANDARD AND AN APPROXIMATELY 1,200-SQUARE-FOOT MARIJUANA PRODUCT
MANUFACTURING FACILITY 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 28th day of June, 2017.
___________________________
ATTEST: JEFF TWAIT, CHAIRPERSON
_______________________________________
Jamie Heinz, Acting City Clerk
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KENAI SPUR HWYHALLER STSECOND AVEEVERGREEN STDUJEM
I
D
R GRANT PLWESBET CT
First BaptistChurch of Kenai
PZ17 - 21 Proposed Commercial MarijuanaEstablishment 500 - Foot Buffer ®
Subject Parcel
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ACTION AGENDA
KENAI CITY COUNCIL – REGULAR MEETING
JUNE 21, 2017 – 6:00 P.M.
KENAI CITY COUNCIL CHAMBERS
210 FIDALGO AVE., KENAI, AK 99611
http://www.kenai.city
A. CALL TO ORDER
1. Pledge of Allegiance
2. Roll Call
3. Agenda Approval
4. Consent Agenda (Public comment limited to three (3) minutes per speaker;
thirty (30) minutes aggregated)
*All items listed with an asterisk (*) are considered to be routine and non-
controversial by the council and will be approved by one motion. There will be
no separate discussion of these items unless a council 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.
B. SCHEDULED PUBLIC COMMENTS (Public comment limited to ten (10) minutes
per speaker)
1. Bob Frates, Parks and Recreation Director - Introduction of the Winners of
the 2017 Pathway of Poetry Project Sponsored by the Friends of the Kenai
Community Library and the Kenai Parks and Recreation Department.
2. Dan Castimore, IT Manager – Introduction and Demo of the City Dipnet App.
C. UNSCHEDULED PUBLIC COMMENTS (Public comment limited to three (3)
minutes per speaker; thirty (30) minutes aggregated)
D. PUBLIC HEARINGS
1. ENACTED UNANIMOUSLY. Ordinance No. 2965-2017 – Amending Kenai
Municipal Code 4.32.015 – Local Amendments to the 2012 International
Residential Code, to Facilitate Fee Schedule Changes for Building Permits and
Plan Reviews.
2. ENACTED UNANIMOUSLY. Ordinance No. 2966-2017 – Increasing General
Fund Estimated Revenues and Appropriations for Costs in Excess of Budgeted
Amounts.
3. ENACTED UNANIMOUSLY. Ordinance No. 2967-2017 – Appropriating
Transfers for FY2018 Budgeted Capital Projects in the Public Safety Capital
Project Fund, the Kenai Animal Shelter Improvements Capital Project Fund,
the Municipal Roadway Improvements Capital Project Fund, the City Shop
Page 67 of 83
Improvements Capital Project Fund, and the Cemetery Improvements Capital
Project Fund.
4. POSTPONED TO 7/5 FOR 2ND PUBLIC HEARING AND AIRPORT
COMMISSION REVIEW AND RECOMMENDATION. Ordinance No. 2968-
2017 – Appropriating General Fund Balance Funds into General Fund Land
Administration-Lands Fund for the Purchase by the City of Kenai’s General
Fund of Airport Property Outside the Airport Reserve Constituting
Approximately 16.49 Acres of Real Property Described as S1/2 S1/2 SW1/4,
Section 33,T6N, R11W, Seward Meridian, Commonly Referred to as ‘Lawton
Acres’ and Deed Restricting the Future Use Of the Property to Parks and
Recreational Uses to be Retained by the City for a Public Purpose.
5. ADOPTED UNANIMOUSLY. Resolution No. 2017-31 – Amending its
Comprehensive Schedule of Rates, Charges, and Fees to Incorporate
Changes to Library Fees, as Recommended by the Library Director.
6. ADOPTED UNANIMOUSLY. Resolution No. 2017-32 – Amending its
Comprehensive Schedule of Rates, Charges, and Fees to Incorporate
Changes to the Water Service Fee Schedule.
7. ADOPTED UNANIMOUSLY. Resolution No. 2017-33 – Amending its
Comprehensive Schedule of Rates, Charges, and Fees to Incorporate
Changes to the Planning & Zoning Fees, as Recommended by the City
Planner.
8. ADOPTED UNANIMOUSLY. Resolution No. 2017-34 – Amending its
Comprehensive Schedule of Rates, Charges, and Fees to Incorporate
Changes to the City’s Dock Fees.
9. ADOPTED UNANIMOUSLY. Resolution No. 2017-35 – Amending its
Comprehensive Schedule of Rates, Charges, and Fees to Incorporate
Changes to the City’s Animal Control Fees, as Recommended by the Chief
Animal Control Officer.
10. ADOPTED UNANIMOUSLY. Resolution No. 2017-36 – Amending its
Comprehensive Schedule of Rates, Charges, and Fees to Incorporate
Changes to the City’s Building Permit Fees.
11. ADOPTED UNANIMOUSLY. Resolution No. 2017-37 – Amending its
Comprehensive Schedule of Rates, Charges, and Fees to Eliminate Fees for
Private Detective Agencies, as Recommended by the Police Chief.
12. ADOPTED UNANIMOUSLY. Resolution No. 2017-38 – Amending its
Comprehensive Schedule of Rates, Charges, and Fees To Incorporate
Changes To The Fees Of The Kenai Municipal Airport, As Recommended By
The Airport Manager.
13. ADOPTED UNANIMOUSLY. Resolution No. 2017-39 – Stating its
Conditional Protest Regarding the Issuance Of A New Limited Marijuana
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Cultivation Facility, Marijuana License No. 12303, for Peninsula Botanicals,
LLC, DBA Peninsula Botanicals, Located at 1030 Angler Drive Unit B, Kenai
AK, 99611 and Authorizing the City Clerk to take Certain Action.
14. ADOPTED UNANIMOUSLY. Resolution No. 2017-40 – Authorizing a Budget
Transfer within Other Buildings & Areas Department of the Airport Fund for a
Professional Services Agreement to Review the Airport’s Land Lease and Land
Sales Policies.
15. ADOPTED UNANIMOUSLY. Resolution No. 2017-41 - Consenting to an
Assignment of Lease of Certain Airport Lands Between Sidney Morris and
Schilling Rentals (2016), LLC and Consenting to an Amendment Changing the
Annual Lease Rate from Ten Percent to Eight Percent of the Existing Lease
on Real Property Described as Lot 1A, Block 1, Deshka Subdivision.
E. MINUTES
1. APPROVED BY THE CONSENT AGENDA. *Regular Meeting of June 7, 2017
F. UNFINISHED BUSINESS – None.
G. NEW BUSINESS
1. APPROVED BY THE CONSENT AGENDA. *Action/Approval – Bills to be
Ratified.
2. APPROVED UNANIMOUSLY AS AMENDED. *Action/Approval – Purchase
Orders Exceeding $15,000.
3. INTRODUCED BY CONSENT AGENDA/PUBLIC HEARING 7/5/2017.
*Ordinance No. 2969-2017 – Amending Kenai Municipal Code Title 24 –
Municipal Cemetery, to Update Procedures for Development of Cemetery
Regulations and Opening and Closing of Graves, and to Provide Regulations
in the Cemetery Regulations Appendix for Columbarium Niches, Marker or
Headstone Deposits, and Other Housekeeping Changes.
4. INTRODUCED BY CONSENT AGENDA/PUBLIC HEARING 7/5/2017.
*Ordinance No. 2970-2017 – Increasing Fiscal Year 2017, General Fund,
Airport Fund, Water & Sewer Fund, Personal Use Fishery Fund, and
Congregate Housing Fund Estimated Revenues And Appropriations For The
Transfer Of Funds To Establish The New Employee Health Care Internal
Service Fund Which Shall Be Utilized For Administering Employee Health Care
Beginning In Fiscal Year 2018, July 1, 2017.
5. UNANIMOUSLY APPROVED. Action/Approval – Approving Travel
Expenses for MacSwain Consulting Relating to Appraisal of Lawton Acres.
6. UNANIMOUSLY APPROVED. Action/Approval – Special Use Permit to
Reddi Towing for an Impound Lot.
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H. COMMISSION/COMMITTEE REPORTS
1. Council on Aging
2. Airport Commission
3. Harbor Commission
4. Parks and Recreation Commission
5. Planning and Zoning Commission
6. Beautification Committee
7. Mini-Grant Steering Committee
I. REPORT OF THE MAYOR
J. ADMINISTRATION REPORTS
1. City Manager
2. City Attorney
3. City Clerk
K. ADDITIONAL PUBLIC COMMENT
1. Citizens Comments (Public comment limited to five (5) minutes per speaker)
2. Council Comments
L. EXECUTIVE SESSION
1. REVIEWED; WILL CONTINUE REVIEW ON 7/5. Review and Discussion of
Interview Questions, Interview Dates, and Applications Submitted for the City
Clerk Position. [AS 44.62.310(C)(2)(3) a Subject that Tends to Prejudice the
Reputation and Character of an Applicant and Matters which by Law, Municipal
Charter, or Ordinance are Required to be Confidential.]
M. PENDING ITEMS – None.
N. ADJOURNMENT
****************************************************************************************************
INFORMATION ITEMS
1. Purchase Orders between $2,500 and $15,000 for Council Review.
The agenda and supporting documents are posted on the City’s website at
www.kenai.city. Copies of resolutions and ordinances are available at the City Clerk’s
Office or outside the Council Chamber prior to the meeting. For additional information,
please contact the City Clerk’s Office at 907-283-8231.
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KENAI PENINSULA BOROUGH PLANNING COMMISSION
GEORGE A. NAVARRE ADMINISTRATION BUILDING
ASSEMBLY CHAMBERS
144 NORTH BINKLEY STREET
SOLDOTNA, ALASKA 99669
June 26, 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. Townsite of Port Graham
KPB File 2010-096 [Bloom/Port Graham Village Council]
Location: Port Graham
*2. Planning Commission Resolutions - None
*3. Plats Granted Administrative Approval
*4. Plats Granted Final Approval (20.10.040) - None
*5. Plat Amendment Request - None
*6. Utility Easement Vacation
a. Vacate the 10-foot utility easement on both sides of the northern
boundary of Lot 1-B and the 10-foot utility easement centered on
the underground powerline granted by Hollywood Subdivision
Glasgow Replat (HM 2009-25) within SW1/4 SW1/4, S14, T4S,
R15W, SM, north of Whiskey Gulch Street, Anchor Point and the
KPB. File. 2017-065V. Petitioner: Geraldine Johnson (aka Geri
Glasgow) of Anchor Point, Alaska
*7. Commissioner Excused Absences
a. Anchor Point / Ninilchik – Vacant
b. Cindy Ecklund, City of Seward
c. Robert Ernst, Northwest Borough
*8. Minutes
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 71 of 83
a. June 12, 2017 Plat Committee Minutes
b. June 12, 2017 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
F. PUBLIC HEARINGS
1. Vacate the north 10 feet of the existing 20-foot wide alley easement
along the south boundary of Lots 115 and 116 as dedicated on Bay View
Subdivision, Plat HM 0000839. The alley easement being vacated is
unconstructed and located within the SW1/4 SW1/4 of S21, T06S,
R13W, SM, AK, and within the KPB. File 2017-062V. Petitioners: John
Rummery, AK Power Sports & Floyd C. Newkirk, Augustine Services,
LLC of Homer, AK.
2. Limited Marijuana Cultivation Facility license application in the
Kalifornsky area. Applicant: Green Thumb Solutions. Landowner:
Jacob Nyman. Parcel Number: 055-081-65; Property Description:
Lot 5, Block 2, Ashton Park Subdivision, according to Plat 97-74, Kenai
Recording District. Location: 47375 Aries Ct., Soldotna.
3. Resolution 2017-21; Conditional land use permit for material extraction on
a parcel in the Sterling area. Applicant: Granite Construction Inc.;
Landowner: Robert Eshleman; Parcel Number: 065-322-29. Legal
Description: Lot 4, El Rancho Costa Plente Subdivision, according to
Plat 99-57, Kenai Recording District. Location: 28691Sterling Highway,
immediately east of Card Street. Proposed Land Use: The applicant
wishes to obtain a permit for gravel extraction on a portion of the 57.96
acre parcel listed above.
G. ANADROMOUS WATERS HABITAT PROTECTION DISTRICT (21.18)
1. Resolution 2017-17; An application for a Conditional Use Permit has
been received to install a fish passage culvert at an unnamed stream
(stream #247-20-10050-2025) adjacent to State of Alaska (SOA) 1061
Road within the Borough’s 50-foot Habitat Protection District near
Tyonek, Alaska.
2. Resolution 2017-18; An application for a Conditional Use Permit has
been received to install a bridge over an unnamed stream (#244-30-
10010-2036) located is located at 0.5 mile on Knackstedt Road,
approximately 1000-feet easterly along the Enstar right-of-way (ROW)
within the Borough’s 50-foot Habitat Protection District near Soldotna,
Alaska.
3. Resolution 2017-20; Public notice is hereby given that an 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
Paul Whitney
PC Member
City of Soldotna
Term Expires 2017
Max J. Best
Planning Director
Mike Navarre
Borough Mayor
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Facilities
H. VACATIONS NOT REQUIRING A PUBLIC HEARING - None
I. SPECIAL CONSIDERATIONS
1. Silver King Estates Lot 14 Block 3
Building Setback Exception
KPB File 2017-084; PC Resolution 2017-19
Location: On Seabury Court in Anchor Point
J. SUBDIVISION PLAT PUBLIC HEARINGS
1. The Plat Committee is scheduled to review 9 preliminary plats.
K. OTHER/NEW BUSINESS
1. Plat Committee (July, August & September 2017)
5 members / 2 alternates
L. ASSEMBLY COMMENTS
M. LEGAL REPRESENTATIVE COMMENTS
N. DIRECTOR'S COMMENTS
O. COMMISSIONER COMMENTS
P. PENDING ITEMS FOR FUTURE ACTION
Q. ADJOURNMENT
MISCELLANEOUS INFORMATIONAL ITEMS
NO ACTION REQUIRED
1. Kenai Planning & Zoning Commission Meeting Minutes
- May 24, 2017
NEXT REGULARY SCHEDULED PLANNING COMMISSION MEETING
The next regularly scheduled Planning Commission meeting will be held Monday, July 17,
2017 in the Assembly Chambers of the George A Navarre Kenai Peninsula Borough, 144
North Binkley St, Soldotna, Alaska at 7:30 p.m.
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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 July 12, 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.
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KENAI PENINSULA BOROUGH PLAT COMMITTEE
GEORGE A. NAVARRE ADMINISTRATION BUILDING
ASSEMBLY CHAMBERS
144 NORTH BINKLEY STREET
SOLDOTNA, ALASKA 99669
6:00 p.m. June 26, 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
a. Robert Ernst, Northwest Borough
3. Minutes
a. June 12, 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. Bouman’s Bluff 2017 Addition
KPB File 2017-076
[Fineline / Van Pelt, Bouman]
Location: Off Sterling Highway in the City of Homer
2. Fritz Creek Estates
KPB File 2017-075
[Orion / Drechnowicz, Loughlin]
Location: Off of Benjamin St & Karluk St in the Fritz Creek area
Kachemak Bay APC
3. Homer Spit Amended Homer Boathouse Replat
KPB File 2017-080
[Geovera / City of Homer]
Location: Off Homer Spit Rd in the City of Homer
4. Soares Subdivision
KPB File 2017-078
[Johnson / Soares]
Location: Off East Aliak Dr & Cinderella St in the City of Kenai
5. Dutch Landing Subdivision Part Five
KPB File 2017-081
[Integrity / Holland]
Location: Off Dutch Landing Loop in the Sterling area
MEMBERS:
Robert Ernst
Northwest Borough
Term Expires 2017
Robert Ruffner
Clam Gulch /Kasilof
Term Expires 2018
Paul Whitney
City of Soldotna
Term Expires 2017
ALTERNATES:
Rick Foster
Southwest Borough
Term Expires 2017
Harry Lockwood
Ridgeway
Term Expires 2019
Virginia Morgan
East Peninsula
Term Expires 2019
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6.Mackey Lakes Subdivision 2017 Addition
KPB File 2017-077
[Integrity / Willis, Bidwell]
Location: Off Rainbow Dr in the Mackey Lake area
7.Hesketh Island Adventure Tract 13-A2 (2017)
KPB File 2017-079
[Mullikin / Porter]
Location: Hesketh Island
8.Riverview Subdivision Coghill Replat
KPB File 2017-063
[McLane / Coghill, Rodgers]
Location: Off S. Kobuk St & Kobuk Ct in the City of Soldotna
9.Seashore Subdivision N/C
KPB File 2017-083
[Segesser / Roukema, Ehama, Kenai Peninsula Borough]
Location: Off Kalifornsky Beach Road
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, July 17,
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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