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HomeMy WebLinkAbout2017-11-08 Planning & Zoning MinutesCITY OF KENAI PLANNING & ZONING COMMISSION CITY COUNCIL CHAMBERS NOVEMBER 8,2017- 7:00 P.M. COMMISSION VICE CHAIR 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: D. Fikes, V. Askin, J. Halstead, G. Greenberg, K. Peterson, B. Springer Staff/Council Liaison present: City Planner M. Kelley, City Clerk J. Heinz, Planning Assistant, W. Anderson, and Council Liaison J. Glendening 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 Halstead MOVED to approve the consent agenda; Commissioner Greenberg SECONDED the motion. There were no objections; SO ORDERED. `All items listed with an asterisk (") are considered to be routine and non -controversial by the Commission and will be approved by one motion. There will be no separate discussion of these items unless a Commission Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. e. "Excused Absences — J. Twait. 2. *APPROVAL OF MINUTES: a. *October 25, 2017 Minutes were approved by the consent agenda. 3. SCHEDULED PUBLIC COMMENT: (10 Minutes) None scheduled. 4. PERSONS PRESENT NOT SCHEDULED: (3 Minutes) John Hamilton explained he did a Google search on property values versus gravel pits and property values in the proximity of gravel pits and noted reduced property values. 5. CONSIDERATION OF PLATS: None. 6. PUBLIC HEARINGS: a. Resolution No. PZ2017-33 Application for a Conditional Use Permit to operate an approximately 1,396 square -foot Retail Marijuana Store within an existing approximately 10,560 square -foot commercial building; consisting of an approximately 300 square -foot retail area, marijuana product storage area and an approximately 1,300 square -foot non - marijuana storage basement, located on the property known as 10767 Kenai Spur Highway, Space D, Lot 1-C, Spur Subdivision No. 2, KPB Parcel No. 04705106. Application submitted by: Ryan Tunseth, P.O. Box 1922, Alaska 99611. City Planner Kelley reviewed his staff report, which was provided in the packet, noting the Conditional Use Permit was for the operation of a Commercial Marijuana Establishment which would contain an approximately 1,396 square foot retail marijuana store within an existing 10,560 square foot commercial building consisting of an approximately 300 square foot retail area and an approximately 1,000 non -marijuana storage basement and, based on the review of criteria, found that the permit could be approved with the following conditions: • Further development of the property shall conform with all Federal, State, and local regulations; • A building permit will be required for the construction of the Commercial Marijuana Establishment as shown on the submitted floor plan; • Prior to issuance of the Building Permit, the 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; • Prior to operation of the Retail Marijuana Store the applicant shall submit a copy of the approved and fully executed licensed from the Alaska Alcohol & Marijuana Control Board. The applicant shall comply with all regulations stipulated by the State of Alaska Marijuana Control Board; A sign permit will be required for the construction of any proposed signage; Pursuant to Kenai Municipal Code Section, 14.20.150(f) the applicant shall submit an annual report to the City of Kenai. MOTION: Planning and Zoning Commission Meeting November 8, 2017 Page 2 Commissioner Springer MOVED to approve Resolution No. PZ2017-33 with staff recommendations and Commissioner Fikes SECONDED the motion. Commission Vice Chair Peterson opened the floor for public testimony. Cathy Hammer objected to the Conditional Use Permit pointing out she had a tax and accounting business in another suite of the building; noted she recognized the state legalized marijuana but it was still illegal federally and was concerned that it would jeopardize her licenses which were federal licenses. She also pointed out that the space had a drop ceiling and was concerned that smells would drift to the adjacent spaces; also concerned with safety late at night with unknown clientele and transient drug users in the empty lot across the street. Cassie Kiel owner of Kelsi's Closet objected to the Conditional Use Permit noting she had invested time, money, and other resources into the inventory in her store; expressed concern with the impact the clientele and potential smells that the retail marijuana store would have on her business; noted some of her staff were underage. She noted that she recognized the benefit to the City in increased taxes but suggested the space wasn't an appropriate location. Denise Linnell expressed objection; noted her husband's business was a tenant in an adjacent building. She pointed out that her husband had sent a letter and reiterated what his letter stated, that the permit could only be approved if certain conditions were satisfied suggesting that the use would significantly impair property value, that they disagreed that the use was in harmony with Comprehensive Plan, and that the use was harmful to public safety, health, or welfare. She encouraged denying the permit and keeping the central portion of Kenai thriving. Ryan Tunseth, applicant, spoke in favor of the Conditional Use Permit noting he had canvassed the area and never heard concerns from neighboring tenants; pointed out that odor was rarely an issue as the product was contained and prepackaged; also pointed out his unit was separated by a wall. He explained that he would have a significant investment in not only product but also security cameras and air filtration to comply with state licensing. Jake Reed, associated with Cassie Kiel, spoke against the Conditional Use Permit noting he had built a wall in one of the spaces in the building and explained that the drop ceiling did not provide for each suite being a sealed space; also noted the odor that had drifted from the former hair and nail salon were constantly noticeable. He noted that the spaces not being sealed off were a main concern, that he definitely expected to smell the marijuana odor, and was concerned about the clothing inventory. There being no one else wishing to be heard, public comment was closed. Concern with Millennium Square being adjacent to the premises was noted; suggested that the City explored the idea for it to be a significant event park in the future. It was also noted that even though it was not designated a park, soccer and softball games took place in the area. Administration provided the definition of park or youth center/facility as defined in Kenai Municipal Code. Clarification was provided that if the Conditional Use Permit were to be approved and then area became a park later, the premises could remain as long as it was used pursuant to the Conditional Use Permit. Planning and Zoning Commission Meeting November 8, 2017 Page 3 It was noted the Event Park was supported but was no longer in the budget; further noted that if or when bluff erosion remediation happened, there would be answers to the questions of the space and its use as a park. Commissioner Fikes expressed concern with odors in the shared space building and the ability to accomplish segregating the premises. Commissioner Springer noted his intention to vote against the Conditional Use Permit due to the hardship that the use placed on other tenants of the building and the fact that there was recreation or youth activities that were traditionally and historically allowed on the City owned properties which were located within the five -hundred foot buffer requirement. Commissioner Askin noted her opposition to the Conditional Use Permit due to public opposition and disagreed with the interpretation of the park definition; suggested the applicant would run a great business in another location. Commissioner Greenberg noted he would vote in favor of the Conditional Use Permit as he agreed that it met the requirements; noted the existing bar across from Millennium Square that had been there; reiterating that adjacent property had not been designated a park. Also noted odor concerns were expected to be minimal because the proposal didn't include a cultivation facility and the negative air conditions could mitigate the odors. Commissioner Halstead expressed concerns with Millennium Square being adjacent, odor, impaired driving, security, and neighboring tenants disapproval of the use. VOTE: YEA: Greenberg, Peterson NAY: Fikes, Askin, Halstead, Springer MOTION FAILED. Commission Vice Chair Peterson noted the fifteen -day appeal period. 7. UNFINISHED BUSINESS: None. 8. NEW BUSINESS: a. *Resolution No. PZ2017-35 - Application for a Home Occupation Permit for a Day Care of no more than eight (8) children under the age of twelve (12), including children related to the caregiver, submitted by Martina McCaughey, 701 Maple Dr., Kenai, AK 99611. Approved by the consent agenda. 9. PENDING ITEMS: None. 10. REPORTS: a. City Council —Council Member Glendening reviewed the Action Agenda for the November 1 City Council meeting which was provided in the packet. Planning and Zoning Commission Meeting November 8, 2017 Page 4 b. Borough Planning — No report; next meeting November 13. c. Administration — City Planner M. Kelley noted the November 22 meeting had been cancelled. 11. PERSONS PRESENT NOT SCHEDULED: Ryan Tunseth pointed out that the City of Kenai was linear with only one area identified as city center and the desire to place businesses in that corridor; noted he provided photos of the space to the Alcohol and Marijuana Control Office; pointed out the requirements for controlling temperature and pressure to mitigate odor. He also suggested that had there been an intent to provide for soccer fields, new ones would have been built because of the proximity to the bluff of the area being used. 12. INFORMATIONAL ITEMS: None. 13. NEXT MEETING ATTENDANCE NOTIFICATION: December 13, 2017 Commissioner Halstead noted he would be absent. 14. COMMISSION COMMENTS & QUESTIONS: None. 15. ADJOURNMENT: There being no further business before the Commission, the meeting was adjourned at 8:26 p.m. Minutes prepared and submitted by: �'L 0� - J i Heinz, CMC ity Jerk U� +0p;KEN OFL,...�..q! Planning and Zoning Commission Meeting November 8, 2017 Page 5