HomeMy WebLinkAbout2017-12-13 Planning & Zoning PacketAGENDA
KENAI PLANNING & ZONING COMMISSION – REGULAR MEETING
December 13, 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
*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: November 8, 2017 ........................................................... 1
3. SCHEDULED PUBLIC COMMENT: (Public comment limited to ten (10) minutes per
speaker)
4. UNSCHEDULED PUBLIC COMMENT (Public comment limited to three (3) minutes per
speaker; thirty (30) minutes aggregated)
5. CONSIDERATION OF PLATS:
a. Resolution No. PZ2017-36 – Original Preliminary Plat of Radar Subdivision 2017 Replat,
submitted by Integrity Surveys, Inc. 820 Set Net Dr., Kenai, Alaska 99611, on behalf of
Lisa Coates and Johnna DeGray, P.O. Box 1686, Kenai, Alaska 99611 .................... 7
b. Resolution No. PZ2017-38 – Original Preliminary Plat of Candlelight Subdivision
Hermann Replat, submitted by Segesser Surveys, 30485 Rosland St., Soldotna, Alaska
99622, on behalf of Rita Victoria Hermann, P.O. Box 1627, Kenai, AK 99611 ...... …15
6. PUBLIC HEARINGS: None
7. UNFINISHED BUSINESS:
a. Reconsideration of Resolution No. PZ2017-33 - Application for a Conditional Use
Permit to operate an aapproximately 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. (Clerk’s Note: At the November 8th meeting, Resolution No. PZ2017-33
failed by a vote of 4 - 2. A consideration of the vote has been requested.) ................. 22
____________________________________________________________________________________
AGENDA
KENAI PLANNING & ZONING COMMISSION – REGULAR MEETING
DECEMBER 13, 2017 - 7:00 P.M.
Page 2 of 2
8. NEW BUSINESS: None
9. PENDING ITEMS: None
10. REPORTS:
a. City Council …………………………………………………………………………………….72
b. Borough Planning …………………………………………………………………………......76
c. Administration
11. ADDITIONAL PUBLIC COMMENT (Public comment limited to three (3) minutes per
speaker; thirty (30) minutes aggregated)
12. INFORMATIONAL ITEMS: None
13. NEXT MEETING ATTENDANCE NOTIFICATION: January 10, 2018
14. COMMISSION COMMENTS & QUESTIONS
15. ADJOURNMENT
CITY 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.
Page 1 of 91
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 Googled property values versus gravel pits; property values in the proximity of
gravel pits near adjoining or up to a mile away see 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:
Page 2 of 91
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 Millennial 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.
Page 3 of 91
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; suggested Millennial Square and its use by young
people was not interpreted correctly under the code.
Commissioner Askin noted her opposition to the Conditional Use Permit due to public opposition
and disagreed with the interpretation of the park definitoin; 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 Millennial 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 Millennial 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.
Page 4 of 91
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:
_____________________________
Jamie Heinz, CMC
City Clerk
Page 5 of 91
THIS PAGE INTENTIONALLY LEFT BLANK
Page 6 of 91
STAFF REPORT
To: Planning & Zoning Commission
Date: December 13, 2017 Res: PZ2017‐36
GENERAL INFORMATION
Applicant: Lisa A. Coates
Johnna DeGray
P.O. Box 1686
Kenai, AK 99611
Submitted by: Integrity Surveys, Inc.
820 Set Net Dr.
Kenai, AK 99611
Requested Action: Preliminary Subdivision Plat – Radar Subdivision 2017 Replat
Existing Legal
Description: Lots One through Five (1‐5), Block Four (4), Radar Subdivision,
According to Plat No. K‐706
Proposed Legal
Description: Lot One A (1A), Block Four (4), Radar Subdivision 2017 Replat
Street Address: 14927 Kenai Spur Highway
KPB Parcel No.: 039‐010‐10
Existing Zoning: Light Industrial (IL)
Current Land Use: Vacant
Land Use Plan: General Commercial
ANALYSIS
This plat reconfigures Lots One through Five (1 – 5), Block Four (4) , Radar Subdivision,
according to Plat No. K‐706, into a larger parcel to be described as Lot One A (1A), Block
Four (4), Radar Subdivision 2017 Replat. The resulting parcel would be approximately
1.432 acres and would meet the minimum lot size for the Heavy Industrial zone. Access
to the reconfigured Lot One A (1A), Block Four (4), Radar Subdivision 2017 Replat is
provided by the Kenai Spur Highway which is a paved State maintained road.
Page 7 of 91
PZ2017‐36 Staff Report Page 2
The proposed plat shows a right‐of‐way for Ninilchik Drive; however, this is an
unimproved right‐of‐way and cannot be used for access to the lot until it is developed to
City of Kenai road standards.
Connections to the City Water and Sewer services are not available to this parcel. The
applicant’s construction drawings indicate that the applicant intends to drill a well and
install a private DEC approved septic system. An installation agreement is not required.
The applicant has submitted a Building Permit Application for the construction of a
proposed Marijuana Product Manufacturing Facility to be located on the subject
property. The applicant has also submitted a Conditional Use Permit Application for the
proposed use as well. The site plan indicates that the water well will be located on Lot
Five (5), Block Four (4), Radar Subdivision and that the septic system will be located on
Lot Three (3), Block Four (4), Radar Subdivision. The proposed building would be located
on Two (2), Block Four (4), Radar Subdivision. The Building Official for the City of Kenai
has indicated that this is problematic because the Uniform Plumbing Code does not
permit the well and septic system to be located on a lot separate from the structure. The
replatting of the five lots into one parcel will bring the project in compliance with the
Uniform Plumbing Code.
The applicant has requested to vacate a ten foot (10’) utility easement along the Westerly
boundary of Lots One through Four (1 ‐ 4), Block Four (4), and along the Easterly boundary
of Lot Five (5), Block Four (4), Radar Subdivision. A ten foot (10’) utility will be dedicated
along the perimeter of Lot One A (1A), Block Four (4), Radar Subdivision 2017 Replat. The
Kenai Peninsula Borough will require letters of non‐objection from the utility companies
prior to the vacation of the utility easements.
Public Works Director Comments: The portion of Ninilchik Drive that will be constructed
in the Kenai Spur Highway right‐of‐way will require a Permit from the State of Alaska,
Department of Transportation. It is likely that the Permit from the State would require
paving of that portion of the road lying within the State right‐of‐way.
Building Official Comments: The vacation of the property lines will bring the project in
compliance with the Uniform Plumbing Code because the utilities will be on the same
parcel as the structure and the utilities will not be crossing property lines.
RECOMMENDATIONS
Planning and Zoning Staff hereby recommends approval of the plat of Radar Subdivision
2017 Replat, subject to the following conditions:
a. Further development of the property shall conform to all Federal, State and local
regulations.
b. The City Council for the City of Kenai must approve the vacation of the of the ten
foot (10’) utility easement pursuant to Kenai Municipal Code 22.05.110 and Kenai
Peninsula Borough Code 20.28.100.
Page 8 of 91
PZ2017‐36 Staff Report Page 3
c. The numbering of the “Notes” section of the plat should be corrected.
d. Prior to issuance of the building permit, the plat of Radar Subdivision 2017 Replat
must be recorded.
ATTACHMENTS:
1. Resolution No. PZ2017‐36
2. Application
3. Preliminary Plat
4. Map
Page 9 of 91
Resolution No. PZ17-36 – Radar Subdivision 2017 Replat
Page 1 of 2
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ2017-36
SUBDIVISION PLAT
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF
KENAI RECOMMENDING THAT THE ATTACHED SUBDIVISION PLAT BE APPROVED
SUBJECT TO THE FOLLOWING FINDINGS AND CONDITIONS:
WHEREAS, the attached plat of RADAR SUBDIVISION 2017 REPLAT was referred to
the City of Kenai Planning and Zoning Commission on December 13, 2017, and received
from Integrity Surveys, Inc.; and,
WHEREAS, the ten foot (10’) utility easement along the Westerly boundary of Lots One
through Four (1 - 4), Block Four (4), and along the Easterly boundary of Lot Five (5), Block
Four (4), Radar Subdivision is no longer needed for a public purpose and may be vacated
as follows:
1. Vacate a ten foot (10’) wide utility easement along the Westerly boundary of Lots One
through Four (1-4), Block Four (4), Radar Subdivision; and
2. Vacate a ten foot (10’) wide utility easement along the Easterly boundary of Lot Five
(5), Block Four (4), Radar Subdivision.
As set forth on the plat of RADAR SUBDIVISION 2017 REPLAT, which is attached hereto
as Exhibit “A”; and,
WHEREAS, the City of Kenai Planning and Zoning Commission finds:
1. Plat area is zoned Light Industrial and therefore is subject to said zone conditions.
2. Plat does not subdivide property within a public improvement district subject to special
assessments. There is not a delinquency amount owed to the City of Kenai for the
referenced property.
3. Installation agreement or construction of improvements is not required.
4. Status of surrounding land is shown.
5. Utility easements, if required, shall are shown.
6. Surveyor shall verify that no encroachments exist. If an encroachment exists; the plat
does not create nor increase the encroachment.
7. Street names designated on the plat are correct.
Page 10 of 91
Resolution No. PZ17-36 – Radar Subdivision 2017 Replat
Page 2 of 2
NOW, THEREFORE, BE IT RESOLVED, THAT THE PLANNING AND ZONING
COMMISSION OF THE CITY OF KENAI RECOMMEND THE KENAI PENINSULA
BOROUGH PLANNING COMMISSION APPROVE RADAR SUBDIVISION 2017
REPLAT, SUBJECT TO THE FINDINGS AS SET FORTH ABOVE AND THE
FOLLOWING CONDITIONS OF APPROVAL:
a. Further development of the property shall conform to all Federal, State and local
regulations.
b. The City Council for the City of Kenai must approve the vacation of the of the ten
foot (10’) utility easement pursuant to Kenai Municipal Code 22.05.110 and Kenai
Peninsula Borough Code 20.28.100.
c. The numbering of the “Notes” section of the plat should be corrected.
d. Prior to issuance of the building permit, the plat of Radar Subdivision 2017 Replat
must be recorded.
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI,
ALASKA, this 13th day of December, 2017.
CHAIRPERSON: ATTEST:
Jeff Twait, Chairperson Jamie Heinz, City Clerk
Page 11 of 91
Page 12 of 91
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170 '
Date: 12/4/2017
The information depicted hereon is for graphic representationonly of the best available sources. The City of Kenai assumes no responsibility for errors on this map.
1 inch equals 167 feet
Lots 1 through 5, Block 4, RADAR SUBD.
Page 13 of 91
Page 14 of 91
STAFF REPORT
To: Planning & Zoning Commission
Date: December 13, 2017 Res: PZ2017‐38
GENERAL INFORMATION
Applicant: Rita Victoria Herrmann
P.O. Box 1627
Kenai, AK 99611
Submitted by: Segesser Surveys
30485 Rosland St.
Soldotna, AK 99669
Requested Action: Preliminary Subdivision Plat – Candlelight Subdivision Herrmann
Replat
Existing Legal
Description: Lot 1A, Candlelight Subdivision Addition No. 1, according to Plat No.
83‐223, and Lot 2, Candlelight Subdivision, according to Plat No. 78‐
110
Proposed Legal
Description: Lot One A One (1A1), Candlelight Subdivision Herrmann Replat
Street Address: 206 Candlelight Dr. and 205 Copper Lane
KPB Parcel No.: 04515323 and 04515310
Existing Zoning: Suburban Residential (RS)
Current Land Use: Single Family Dwelling and Vacant
Land Use Plan: Suburban Residential
ANALYSIS
This plat reconfigures two lots; namely, Lot One A (1A), Candlelight Subdivision Addition
No. 1, and Lot Two (2), Candlelight Subdivision, into a larger parcel to be described as Lot
One A One (1A1), Candlelight Subdivision Herrmann Replat. The resulting parcel would be
approximately 30,345 square feet and would meet the minimum lot size for the Suburban
Residential zone. Access to the reconfigured Lot One A One (1A1), Candlelight Herrmann
Replat is provided by the Candelight Drive which is a paved City maintained road.
Page 15 of 91
PZ2017‐38 Staff Report Page 2
The proposed plat shows a twenty‐five foot (25’) right‐of‐way for Copper Lane; however,
this is an unimproved right‐of‐way and cannot be used for access until it is developed to
City of Kenai road standards.
Water and Sewer lines are located in the right‐of‐way for Candlelight Drive; the single
family dwelling located on Lot 1A, Candlelight Subdivision Addition No. 1 is connected to
these services. An installation agreement is not required.
The proposed preliminary plat indicates that there is a twenty‐five foot (25’) set back
along the rights‐of‐way for Candlelight Drive and Copper Lane. These front set back
requirements are a carryover from the original plats of Candlelight Subdivision and
Candlelight Subdivision Addition No. 1. At the time that said plats were approved, the
front building set back requirement was twenty‐five feet (25’); however, Ordinance 2702‐
2013 changed the front setback requirement from twenty‐five feet (25’) to twenty feet
(20’). It is the recommendation of the City of Kenai that the building setback delineation
be removed from the preliminary plat.
The Public Works Director and Building Official did not have comments on this preliminary
plat.
RECOMMENDATIONS
Planning and Zoning Staff hereby recommends approval of the plat of Candlelight
Subdivision Herrmann Replat, subject to the following conditions:
a. Further development of the property shall conform to all Federal, State and local
regulations.
b. Remove the twenty‐five foot (25’) building set back as delineated on the plat.
ATTACHMENTS:
1. Resolution No. PZ2017‐38
2. Application
3. Preliminary Plat
4. Map
Page 16 of 91
Resolution No. PZ17-38 – Candlelight Subdivision Herrmann Replat
Page 1 of 1
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ2017-38
SUBDIVISION PLAT
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF
KENAI RECOMMENDING THAT THE ATTACHED SUBDIVISION PLAT BE APPROVED
SUBJECT TO THE FOLLOWING FINDINGS AND CONDITIONS:
WHEREAS, the attached plat of CANDLELIGHT SUBDIVISION HERRMANN REPLAT
was referred to the City of Kenai Planning and Zoning Commission on December 13,
2017, and received from Segesser Surveys; and,
WHEREAS, the City of Kenai Planning and Zoning Commission finds:
1. Plat area is zoned Suburban Residential and therefore is subject to said zone
conditions.
2. Plat does not subdivide property within a public improvement district subject to special
assessments. There is not a delinquency amount owed to the City of Kenai for the
referenced property.
3. Installation agreement or construction of improvements is not required.
4. Status of surrounding land is shown.
5. Utility easements, if required, shall are shown.
6. Surveyor shall verify that no encroachments exist. If an encroachment exists; the plat
does not create nor increase the encroachment.
7. Street names designated on the plat are correct.
NOW, THEREFORE, BE IT RESOLVED, THAT THE PLANNING AND ZONING
COMMISSION OF THE CITY OF KENAI RECOMMEND THE KENAI PENINSULA
BOROUGH PLANNING COMMISSION APPROVE CANDLELIGHT SUBDIVISION
HERRMANN REPLAT, SUBJECT TO THE FINDINGS AS SET FORTH ABOVE AND
THE FOLLOWING CONDITIONS OF APPROVAL:
a. Further development of the property shall conform to all Federal, State and local
regulations.
b. Remove the twenty-five foot (25’) building setback as delineated on the plat.
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI,
ALASKA, this 13th day of December, 2017.
CHAIRPERSON: ATTEST:
Jeff Twait, Chairperson Jamie Heinz, City Clerk
Page 17 of 91
Page 18 of 91
ADDN. NO. 1AMERICANSHANKEL SUBD.GETTYBILDERBACKSUBD.SHARON L.ROPER'SCANDLELIGHT1
2
51
3
4
2
4
3
2
1
5
2
32 4
3
3 4
2
1
4-A
1-A
1-B
4-B205214208206204202209207209207 1303302
1304
2142082061303
1303302
1304
1405 1407
140620420213011301
13061306
1305 1307 1309 1311
1308
2051405 1407
1406
1305 1307 1309 1311
1308
2051310 1316 1318
13121314203CANDLELIGHT DRCOPPER LNBAKER ST2006-011437-0
2052142082062042022092072092071303302
1304
2142082061303
1303302
1304
1405 1407
140620420213011301
13061306
1305 1307 1309 1311
1308
2051405 1407
1406
1305 1307 1309 1311
1308
2051310 1316 1318
13121314203.
100 '
Date: 12/7/2017
The information depicted hereon is for graphic representationonly of the best available sources. The City of Kenai assumes no responsibility for errors on this map.
1 inch equals 100 feet
Lot 1A, Candlelight Subd.Addn. No. 1 & Lot 2,CandlelightSubdivision
Page 19 of 91
Page 20 of 91
THIS PAGE INTENTIONALLY LEFT BLANK
Page 21 of 91
Page 22 of 91
STAFF REPORT
To: Planning & Zoning Commission
Date: November 3, 2017 Resolution No. PZ2017‐33
GENERAL INFORMATION
Applicant: Ryan Tunseth
PO Box 1922
Kenai, AK 99611
Property Owner: Zan Inc.
PO Box 2009
Kenai, AK 99611
Requested Action: 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.
Legal Description: Lot 1-C, Spur Subdivision No. 2
Street Address: 10767 Kenai Spur Highway, Unit D
KPB Parcel No.: 047-051-06
Existing Zoning: CMU – Central Mixed Use
Current Land Use: Commercial Building
Land Use Plan: Central Commercial
ANALYSIS
General Information:
This is an application for the construction and operation of Commercial Marijuana
Establishment (CME) consisting of an approximately 1,396-square-foot Retail Marijuana
Store located within in leased tenant space further located within an existing
approximately 10,560-square-foot commercial building. The proposed Retail Marijuana
Store would contain an approximately 300-square-foot retail area, marijuana product
storage area and an approximately 1,300-square-foot non-marijuana storage basement.
The subject CME would be located within an existing commercial building, located on an
approximately .54 acre lot.
Page 23 of 91
PZ2017‐33 Staff Report
Page 2
The subject parcel is bound on its north property line by the Kenai Spur Highway and by
Frontage Road on its southern property line. Located east of the subject parcel is Arby’s
Restaurant and a detached commercial building with various commercial uses. Located
to the west is another detached commercial building with various commercial uses. The
subject commercial building was built in 1997.
Kenai Municipal Code (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 Central Mixed Use (CMU), 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 may be established and operated under a Conditional Use
Permit within the Central Mixed Use Zone.
The Central Mixed Use Zone, as outlined in KMC 14.20.125 is established to provide
a centrally located area in the City for general retail shopping, personal and
professional services, entertainment establishments, restaurants and related
businesses. The district is also intended to accommodate a mixture of residential
and commercial uses. The CMU Zone shall be designed to encourage pedestrian
movement throughout the area. Building and other structures within the district
should be compatible with one another and the surrounding area.
The subject commercial building was constructed in 1997 and contains four tenant
spaces. The subject tenant spaces range in size from approximately 956 square feet
to 1,496 square feet. Furthermore, the subject building contains a basement which
is located beneath the proposed CME and the space next door located to the west.
The existing commercial building contains a retail-clothing store, accounting and tax
office and a dentist office. The subject commercial building also contains a separate
1-bedroom apartment space, which is located above the proposed CME.
As proposed, the Commercial Marijuana Establishment would consist of an
approximately 1,396-square-foot Retail Marijuana Store located within a leased
tenant space. The proposed Retail Marijuana Store would contain an approximately
300-square-foot retail area, a marijuana product storage area and an approximately
1,300-square-foot non-marijuana storage area located in the basement.
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 24 of 91
PZ2017‐33 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 or from
Frontage Road. Designated parking would be located to the south of the proposed
CME within the existing parking lot. The parking area would consist of 10 spaces
there are striped and specific to the proposed CME.
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 Central
Mixed Use 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 Retail Marijuana Store may be
established in the Central Mixed Use 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) no CME’s shall 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 a clean air intake and HEPA filtration. Furthermore, the
applicant has indicated that they will use mechanical ventilation, active carbon
filtration and use of negative air pressure to further control odors. Furthermore, the
applicant has indicated that marijuana products will be pre-packaged in sealed jar or
blister packs to ensure that odors are minimized. The applicant has indicated in their
Odor Control Plan that excess marijuana products would be stored in a separate
restricted access room to ensure that higher potential odor area is segregated and
filtered. Thus, according to the Odor Control Plan, the proposed CME would not
generate any odors, which would be detectable by the public.
Concerning visual and auditory impacts of the proposed CME, pursuant to the KMC
14.20.330 the Retail Marijuana Store would be located within a fully enclosed secure
commercial building. The subject tenant space contains two entrances, one, which
is located on the east side of the space, and one, which is located on the south side
of the space. The applicant has indicated that they will be using the entrance located
on the south side of the space. Thus, access will be controlled through one door.
Page 25 of 91
PZ2017‐33 Staff Report
Page 4
KMC 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 and
therefore 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 “Stores: Retail and wholesale of
non-bulky items”, which requires One (1) space for every 300 square feet of gross
floor area. Therefore, five (5) off-street parking spaces will be required.
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
Central Commercial (CC). The plan defines CC as “Central Commercial is intended
for retail, service, and office businesses at a more compact and denser scale;
locations are accessible and convenient to both motorist and pedestrians. Central
Commercial-type development is particularly desirable in the Townsite Historic
District and adjacent core area...”
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 be open to the public between
the hours of 9:00 AM and 11:00 on any day. The name of the applicants company is
Cook Inlet Cannabis Company, doing business as East Rip. Therefore, the applicant
has proposed to install two sings on the existing building. The subject commercial
building contains an existing sign face, which is located above the space that the
applicant proposes to lease.
The area is comprised of existing commercial development located along the Kenai
Spur Highway and Frontage Road. Therefore as proposed, the development would
be in harmony with the 2030 Imagine Kenai Comprehensive Plan.
Page 26 of 91
PZ2017‐33 Staff Report
Page 5
(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 Retail Marijuana Store, located within an existing
commercial building.
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 Retail Marijuana Store license from the State of Alaska
Marijuana Control Board. The license is 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.
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.
Page 27 of 91
PZ2017‐33 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 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. Prior to operation of the Retail Marijuana Store, the applicant 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.
5. A Sign Permit will be required for the construction of any proposed signage.
6. Pursuant to Kenai Municipal Code Section, 14.20.150(f) the applicant shall
submit an Annual Report to the City of Kenai.
Page 28 of 91
PZ2017‐33 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 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 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. Prior to operation of the Retail Marijuana Store, the applicant 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.
5. A Sign Permit will be required for the construction of any proposed signage.
6. 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. PZ2017 - 33
2. Application
3. Supplemental Application Information
4. Site Plan
5. Map
Page 29 of 91
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ2017-33
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 1,396-SQUARE-FOOT RETAIN 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.
APPLICANT: Ryan Tunseth
PROPERTY ADDRESS: 10767 Kenai Spur Highway, Unit D, Kenai, AK 99611
LEGAL DESCRIPTION: Lot 1-C, Spur Subdivision No. 2, Section 31, T5N, R11W
KENAI PENINSULA BOROUGH PARCEL NO: 047-051-06
WHEREAS, an application meeting the requirements of Section 14.20.150 has been submitted
and received on September 27, 2017; and,
WHEREAS, the application affects land which is zoned as Central Mixed Use (CMU); 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 November 8, 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 Central Mixed Use (CMU), 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
210 Fidalgo Avenue, Kenai, Alaska 99611-7794
Telephone: 907-283-7535 / Fax: 907-283-3014
www.kenai.city
Page 30 of 91
Resolution No. PZ17-33 Conditional Use Permit
Page | 2
on January 20, 2016, which became effective on February 19, 2016, a Retail Marijuana
Store may be established and operated under a Conditional Use Permit within the Central
Mixed Use Zone.
The Central Mixed Use Zone, as outlined in KMC 14.20.125 is established to provide a
centrally located area in the City for general retail shopping, personal and professional
services, entertainment establishments, restaurants and related businesses. The district is
also intended to accommodate a mixture of residential and commercial uses. The CMU
Zone shall be designed to encourage pedestrian movement throughout the area. Building
and other structures within the district should be compatible with one another and the
surrounding area.
The subject commercial building was constructed in 1997 and contains four tenant spaces.
The subject tenant spaces range in size from approximately 956 square feet to 1,496
square feet. Furthermore, the subject building contains a basement which is located
beneath the proposed CME and the space next door located to the west. The existing
commercial building contains a retail-clothing store, accounting and tax office and a dentist
office. The subject commercial building also contains a separate 1-bedroom apartment
space, which is located above the proposed CME.
As proposed, the Commercial Marijuana Establishment would consist of an approximately
1,396-square-foot Retail Marijuana Store located within a leased tenant space. The
proposed Retail Marijuana Store would contain an approximately 300-square-foot retail
area, a marijuana product storage area and an approximately 1,300-square-foot non-
marijuana storage area located in the basement.
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 from Frontage Road.
Designated parking would be located to the south of the proposed CME within the existing
parking lot. The parking area would consist of 10 spaces there are striped and specific to
the proposed CME.
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 Central Mixed Use
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
Page 31 of 91
Resolution No. PZ17-33 Conditional Use Permit
Page | 3
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 may be
established in the Central Mixed Use 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) no CME’s shall
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 a clean air intake
and HEPA filtration. Furthermore, the applicant has indicated that they will use mechanical
ventilation, active carbon filtration and use of negative air pressure to further control odors.
Furthermore, the applicant has indicated that marijuana products will be pre-packaged in
sealed jar or blister packs to ensure that odors are minimized. The applicant has indicated
in their Odor Control Plan that excess marijuana products would be stored in a separate
restricted access room to ensure that higher potential odor area is segregated and filtered.
Thus, according to the Odor Control Plan, the proposed CME would not generate any
odors, which would be detectable by the public.
Concerning visual and auditory impacts of the proposed CME, pursuant to the KMC
14.20.330 the Retail Marijuana Store would be located within a fully enclosed secure
commercial building. The subject tenant space contains two entrances, one, which is
located on the east side of the space, and one, which is located on the south side of the
space. The applicant has indicated that they will be using the entrance located on the
south side of the space. Thus, access will be controlled through one door.
KMC 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 and therefore 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 “Stores: Retail and wholesale of non-bulky items”,
which requires One (1) space for every 300 square feet of gross floor area. Therefore, five
(5) off-street parking spaces will be required.
Page 32 of 91
Resolution No. PZ17-33 Conditional Use Permit
Page | 4
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 Central
Commercial (CC). The plan defines CC as “Central Commercial is intended for retail,
service, and office businesses at a more compact and denser scale; locations are
accessible and convenient to both motorist and pedestrians. Central Commercial-type
development is particularly desirable in the Townsite Historic District and adjacent core
area...”
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 be open to the public between the hours of 9:00
AM and 11:00 on any day. The name of the applicants company is Cook Inlet Cannabis
Company, doing business as East Rip. Therefore, the applicant has proposed to install two
sings on the existing building. The subject commercial building contains an existing sign
face, which is located above the space that the applicant proposes to lease.
The area is comprised of existing commercial development located along the Kenai Spur
Highway and Frontage Road. Therefore as proposed, the development 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 Retail Marijuana Store, located within an existing commercial building.
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 Retail Marijuana Store license from the State of Alaska Marijuana Control
Board. The license is 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
Page 33 of 91
Resolution No. PZ17-33 Conditional Use Permit
Page | 5
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.
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; and,
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 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.
Page 34 of 91
Resolution No. PZ17-33 Conditional Use Permit
Page | 6
4. Prior to operation of the Retail Marijuana Store, the applicant 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.
5. A Sign Permit will be required for the construction of any proposed signage.
6. 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 OPERATION OF AN APPROXIMATELY 1,396-SQUARE-FOOT RETAIN 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 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 8th day of November, 2017.
___________________________
ATTEST: JEFF TWAIT, CHAIRPERSON
_______________________________________
Jamie Heinz, City Clerk
Page 35 of 91
Cook Inlet Cannabis Co. DBA East Rip
Retail License Application / Conditional Use Permit Supplement
Cook Inlet Cannabis Co.
Conditional Use Permit Supplement
09/27/2017 (Revised 10.23.17)
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Elevations / Curbside
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Table of Contents
A 03 Adjoining Tenants / Uses
A 04 Buffer Map 1 of 3
A 05 Buffer Map 2 of 3
A 06 Buffer Map 3 of 3
A 07 City Of Kenai Comprehensive Plan References 1 of 3
A 08 City Of Kenai Comprehensive Plan References 3 of 3
A 09 City Of Kenai Comprehensive Plan References 3 of 3
A 10 Zoning
A 11 Location Reference Photos
A 12 Parking Plan
A 13 Logos
A 14 Floor Plan / Premises Diagram 1 of 2
A 15 Floor Plan / Premises Diagram 2 of 2
A 16 Floor Plan / Premises Diagram 3 of 3
A 17 Security / Camera Plan 1 of 2
A 18 Security / Camera Plan 2 of 2
A 19 Signage Plan
A 20 Ventilation / AHU Plan
A 21 Business Snapshot
Table of Contents
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Space A
Denali Family Dentistry
Dentist Office
Space B
Hammer Tax & Accounting
Tax / Accounting
Space D
“Proposed Retail Marijuana
Location”
Space C
Kelsis Kloset
Retail Clothing Sales
Space E
1bd Apartment
Currently Occupied
Located above Space D
Separate outside access.
Adjoining Uses
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RDFRONTAGE RDS
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EWKENAI SPUR HWY
SPUR V
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500' PARCEL BUFFER
1000' PARCEL BUFFER
NORTH
600
FEET
3000
SCALE
500' SETBACK FROM BOUNDARY LOT 1-C KN 83-28 PER COK P&Z ZONING CODE 14.20.330 (b)
Parcel ID Existing Landuse Owner Mailing Address CityStateZip
1 4338001 Vacant KENAI CITY OF 210 FIDALGO AVE STE 200 KENAI, AK 99611
2 4338002 Vacant KENAI CITY OF 211 FIDALGO AVE STE 200 KENAI, AK 99611
3 4338003 Vacant KENAI CITY OF 212 FIDALGO AVE STE 200 KENAI, AK 99611
4 4338004 Commercial KENAI CITY OF 213 FIDALGO AVE STE 200 KENAI, AK 99611
5 4339052 Vacant KENAI CITY OF 210 FIDALGO AVE STE 200 KENAI, AK 99611
6 4339054 Vacant KENAI CITY OF 212 FIDALGO AVE STE 200 KENAI, AK 99611
7 4705101 Institutional KENAI CITY OF 213 FIDALGO AVE STE 200 KENAI, AK 99611
8 4705102 Commercial SCHILLING ALASKA INC 47 SPUR VIEW DR KENAI, AK 99611
9 4705103 Commercial SCHILLING ALASKA INC 48 SPUR VIEW DR KENAI, AK 99611
10 4705104 Commercial RPM'S RENTAL PROPERTIES LLC 14096 KENAI SPUR HWY KENAI, AK 99611
11 4705105 Commercial RPM'S RENTAL PROPERTIES LLC 14097 KENAI SPUR HWY KENAI, AK 99611
12 4705106 Commercial ZAN INC PO BOX 2009 KENAI, AK 99611
13 4705107 Commercial ZAN INC PO BOX 2009 KENAI, AK 99611
14 4705108 Commercial ZAN INC PO BOX 2009 KENAI, AK 99611
15 4705109 Commercial RPM'S RENTAL PROPERTIES LLC 14096 KENAI SPUR HWY KENAI, AK 99611
16 4705110 Commercial JACARANDA PROPERTIES INC 416 FRONTAGE RD STE 400-A KENAI, AK 99611
17 4705302 Commercial HOLIDAY ALASKA INC PO BOX 1224 MINNEAPOLIS, MN 55440
18 4705324 Vacant SCHILLING MICHAEL 420 N WILLOW ST KENAI, AK 99611
19 4705325 Vacant SCHILLING MICHAEL 420 N WILLOW ST KENAI, AK 99611
20 4705326 Commercial ALASKA INDUSTRIAL HARDWARE INC 2192 VIKING DRIVE ANCHORAGE, AK 99501
21 4705602 Accessory Building KENAI CITY OF 210 FIDALGO AVE STE 200 KENAI, AK 99611
22 4705805 Vacant KENAI CITY OF 211 FIDALGO AVE STE 200 KENAI, AK 99611
23 4705807 Vacant KENAI CITY OF 212 FIDALGO AVE STE 200 KENAI, AK 99611
NOTES:
1. THE PROPOSED FACILITY WILL OCCUPY A PORTION OF A STRUCTURE ON LOT 1-C, KN 83-28, PID 4705106.
2. PER COK P&Z ZONING CODE 14.20.330 (f) (1) & (2) THERE ARE ZERO (0) PRIMARY OR SECONDARY SCHOOLS (K-12)
WITHIN 1000 FEET OF PROPOSED FACILITY. THERE ARE ZERO (0) 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,A ND STATE LICENSED
SUBSTANCE ABUSE TREATMENT FACILITIES PROVIDING SUBSTANCE ABUSE TREATMENT WITHIN 500 FEET OF THE PORTION
OF THE STRUCTURE THAT WILL CONTAIN THE PROPOSED FACILITY .
Buffer Map 1 of 3
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Parcel ID Existing Landuse Owner Attention Mailing Address CityStateZip
4323017 Commercial KENAI CITY OF 210 FIDALGO AVE STE 200 KENAI, AK 99611
4323019 Commercial SCHILLING RENTALS ALASKA PARTNERSHIP 47 SPUR VIEW DR KENAI, AK 99611
4323020 Commercial SCHILLING RENTALS ALASKA PARTNERSHIP 47 SPUR VIEW DR KENAI, AK 99611
4323031 Commercial KENAI CITY OF 210 FIDALGO AVE STE 200 KENAI, AK 99611
4331001 Vacant ALASKA STATE D N R 550 W 7TH AVE STE 650 ANCHORAGE, AK 99501
4331002 Vacant ALASKA STATE D N R 550 W 7TH AVE STE 650 ANCHORAGE, AK 99501
4331014 Vacant ALASKA STATE D N R 550 W 7TH AVE STE 650 ANCHORAGE, AK 99501
4331015 Institutional ALASKA STATE D N R 550 W 7TH AVE STE 650 ANCHORAGE, AK 99501
4331016 Institutional USPS FACILITIES SERVICE OFFICE ATTN CHERYL HAMILTON 8055 E TUFTS AVE STE 400 DENVER, CO 80237
4331017 Vacant USPS FACILITIES SERVICE OFFICE ATTN CHERYL HAMILTON 8055 E TUFTS AVE STE 400 DENVER, CO 80237
4331028 Vacant USPS FACILITIES SERVICE OFFICE ATTN CHERYL HAMILTON 8055 E TUFTS AVE STE 400 DENVER, CO 80237
4331031 Commercial NELSON WILLIAM J & MELINDA M 37215 KALIFORNSKY BEACH RD KENAI, AK 99611
4331032 Vacant BIDARKA 135 LLC 125 E REDOUBT AVE SOLDOTNA, AK 99669
4331033 Commercial BIDARKA 135 LLC 125 E REDOUBT AVE SOLDOTNA, AK 99669
4331034 Vacant BIDARKA 135 LLC 125 E REDOUBT AVE SOLDOTNA, AK 99669
4331035 Commercial SITENGA GARRET L 4381 E HILL RD HOMER, AK 99603
4331037 Commercial KENAI ELKS LODGE #2425 205 BARNACLE WAY KENAI, AK 99611
4337001 Institutional KENAI CITY OF 210 FIDALGO AVE STE 200 KENAI, AK 99611
4337002 Vacant KENAI CITY OF 211 FIDALGO AVE STE 200 KENAI, AK 99612
4337003 Commercial ALASKA USA FEDERAL CREDIT UNION PO BOX 196020 ANCHORAGE, AK 99519
4337004 Vacant KENAI CITY OF 210 FIDALGO AVE STE 200 KENAI, AK 99611
4337005 Vacant KENAI CITY OF 210 FIDALGO AVE STE 200 KENAI, AK 99611
4337006 Vacant JOHNSON‐SNOWDER CAROLYN M 2290 ROYAL ST KENAI, AK 99611
4337007 Commercial MCCARTAN RENTALS LLC 10976 KENAI SPUR HWY KENAI, AK 99611
4338001 Vacant KENAI CITY OF 210 FIDALGO AVE STE 200 KENAI, AK 99611
4338002 Vacant KENAI CITY OF 211 FIDALGO AVE STE 200 KENAI, AK 99611
4338003 Vacant KENAI CITY OF 212 FIDALGO AVE STE 200 KENAI, AK 99611
4338004 Commercial KENAI CITY OF 213 FIDALGO AVE STE 200 KENAI, AK 99611
4339006 Vacant KENAI CITY OF 214 FIDALGO AVE STE 200 KENAI, AK 99611
4339007 Vacant KENAI CITY OF 215 FIDALGO AVE STE 200 KENAI, AK 99611
4339034 Commercial KENAI PLAZA/CARRS‐SAFEWAY LLC ATTN ALLAN J NORVILLE 301 RIVERSIDE DR SOLDOTNA, AK 99669
4339035 Commercial SCHILLING RENTALS ALASKA PARTNERSHIP 47 SPUR VIEW DR KENAI, AK 99611
4339042 Commercial COMPTON COMPANY LLC PO BOX 3743 SOLDOTNA, AK 99669
4339043 Commercial KENAI PLAZA GENERATIONS LLC 301 RIVERSIDE DR SOLDOTNA, AK 99669
4339052 Vacant KENAI CITY OF 210 FIDALGO AVE STE 200 KENAI, AK 99611
4339053 Vacant KENAI CITY OF 210 FIDALGO AVE STE 200 KENAI, AK 99611
4339054 Vacant KENAI CITY OF 210 FIDALGO AVE STE 200 KENAI, AK 99611
4705101 Institutional KENAI CITY OF 210 FIDALGO AVE STE 200 KENAI, AK 99611
4705102 Commercial SCHILLING ALASKA INC 47 SPUR VIEW DR KENAI, AK 99611
4705103 Commercial SCHILLING ALASKA INC 47 SPUR VIEW DR KENAI, AK 99611
4705104 Commercial RPM'S RENTAL PROPERTIES LLC 14096 KENAI SPUR HWY KENAI, AK 99611
4705105 Commercial RPM'S RENTAL PROPERTIES LLC 14096 KENAI SPUR HWY KENAI, AK 99611
1000' BUFFER FROM LOT 1‐C KN 83‐28
Buffer Map 2 of 3
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COK - Comprehensive Plan References 1 of 3 Imagine Kenai 2030 Comprehensive Plan 61 July 2016 Kenai Peninsula Borough Assembly Adopted – January 3, 2017 Page 43 of 91
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Imagine Kenai 2030 Comprehensive Plan 59 July 2016
Kenai Peninsula Borough Assembly Adopted – January 3, 2017
Table 16. Land Use Plan Classifications
Suburban Residential (SR) Land Use Classification
Suburban Residential is intended for single-family and multi-family residential uses that are urban or suburban in character.
The area will typically be developed at a higher density; lots are typically smaller; and, public water and sewer services are
required or planned. Some developments may be required to construct streets to a paved standard and larger subdivisions may
be required to provide sidewalks and public areas. Parks and open space land uses may be considered appropriate.
Low Density Residential (LDR) Land Use Classification
Low Density Residential because of location or poor site conditions is intended for large-lot single-family low-density residential
development. The area will typically be developed with individual on-site water supply and wastewater disposal systems. Streets
will typically be constructed to rural street standards (i.e., gravel) and sidewalks will not be typically included in the subdivision
design. Rural Residential becomes Low Density Residential to avoid confusion with zoning category.
Commercial Land Use Classifications – General Commercial (GC) and Central Commercial (CC)
General Commercial is intended for retail, service, and office businesses that serve Kenai and the larger region. General
Commercial is appropriate for locations along the arterial road system. General Commercial-type development requires larger
parcels of land and access to a major road system. It is also intended to support smaller-scale businesses.
Central Commercial is intended for retail, service, and office businesses at a more compact and denser scale; locations are
accessible and convenient to both motorists and pedestrians. Central Commercial-type development is particularly desirable in
the Townsite Historic District and adjacent core area. Residences may be appropriate among commercial uses in these central
areas. Non-commercial uses such as public offices, institutional uses and residences may be appropriate among commercial uses.
Central Commercial may also apply at locations that have evolved into new Kenai commercial “centers” that are developed at a
small to medium scale.
Buffers or buffer zones between commercial uses and adjacent non-commercial uses are desirable.
Mixed Use (MU) Land Use Classification
Mixed use is intended for a compatible mix of residential, retail, service, office, public, institutional and recreational uses. Uses
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.
Use of buffers may desirable.
Industrial Land Use Classifications – Industrial (IN) and Airport Industrial (AI)
Industrial is intended for a variety of light and heavy industrial uses such as: warehousing, trucking, packaging, distribution,
production, manufacturing, processing, marine-related industry and storage, and similar industrial activities. Public water and
sewer; utilities; and safe, convenient vehicular access are required or planned. Because uses generate noise, odors and emissions
typically at a higher level than other land uses, measures should be taken to minimize conflicts with adjacent non-industrial
uses. Buffers between industrial uses and adjacent non-industrial uses are desirable.
Airport Industrial is intended to support continued development at the Kenai Municipal Airport. It is intended for those lands
reserved for the airport and its future expansion are included in this classification. Residential uses may be considered
appropriate provided the residential use is associated with and secondary to the primary industrial use.
Imagine Kenai 2030 Comprehensive Plan 69 July 2016
Kenai Peninsula Borough Assembly Adopted – January 3, 2017
5.4 Land Use Classifications
5.4.1 Commercial Land Uses
Kenai’s role as a major trade and services center for the Kenai Peninsula generates local investment,
employment, and sales tax revenue. Local residents are provided a varied mix of shopping
opportunities, however, much of the market base lives outside Kenai city limits.
Commercial land uses dominate the corridor along the Kenai Spur Highway, Bridge Access Road,
and in the downtown business district or central commercial area (Map 10). As the City of Kenai
commercial areas have shifted east and along the major road corridors, some of Kenai’s older
business areas are presented with economic challenges. Retail marketing trends, particularly the
trend towards big-box retail stores, can displace the sales at existing businesses, which must then
downsize/adapt or close.
Residents have also expressed a strong
desire for increased occupancy and
improvements to the appearance of older
commercial buildings.
The Land Use Plan identifies two types of
commercial land uses: (1) General
Commercial (GC) and (2) Central
Commercial (CC). The General Commercial
land uses are typically retail, service, and
office businesses that serve Kenai and the
larger region. This type of development
typically requires larger parcels of land and
access to major arterial road systems.
Central Commercial land uses are typically
retail, service, and office businesses developed at a more compact and denser scale; locations are
accessible and convenient to both motorists and pedestrians; and, residences may be appropriate.
These uses can be found in the downtown core area, Townsite Historic District, and specific areas
of along the Kenai Spur Highway and the mostly undeveloped area adjacent to the Bridge Access
Road and the Spur Highway known as Millennium Square (Map 14).
COK - Comprehensive Plan References 2 of 3
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Imagine Kenai 2030 Comprehensive Plan 70 July 2016
Kenai Peninsula Borough Assembly Adopted – January 3, 2017
Central commercial replaces the former “mixed use” classification where it was applied to the
downtown core area. It includes other “centers” with existing commercial uses or the sites are
zoned commercial.
5.4.1.1 Millennium Square
Millennium Square (Map 11), formerly known as the Daubenspeck Tract, encompasses several
irregularly shaped parcels totaling over 21 acres. Millennium Square is the last large city-owned
parcel of undeveloped land in the city’s downtown core overlooking the Kenai River. The site
provides multiple opportunities for development. Refer to the 2006 KEDS vision and conceptual
drawings for detail.
5.4.1.2 Kenai Townsite Historic District
The City of Kenai created the Kenai Townsite
Historic District in 1993 (Map 15), comprised of
34 properties in the traditional townsite
located on the bluff above the Kenai River.
COK - Comprehensive Plan References 3 of 3
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COHOE AVE
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access/water easement2006-011437-0
REECE ST
BRYSON AVE ROW issuesee bldg file66' VACATE ROW
2009-006759-0
2009-009059-0SEWER EASEMENT
2006-011437-0 2009-011422-0 VACATE 50' ROWBEAVER LOOP ROAD
COLE DR
CANDLELIGHT DRPEARSON AVE.Utility Easement2012-012093-0COMMERCIAL LOOPBREE AVEPEY DRK
E
E'S TER
N WAY
STANDARD CT
City of Kenai Zoning
April 2017
Zoning
Conservation
Airport Light Industrial
Rural Residential
Rural Residential 1
Suburban Residential
Suburban Residential 1
Suburban Residential 2
Urban Residential
Central Commercial
General Commercial
Central Mixed Use
Limited Commercial
Light Industrial
Heavy Industrial
Recreational
Townsite Historic
Education
The information depicted hereon is
for graphic representation only of
the best available sources. The
City of Kenai assumes no responsibility
for errors on this map.
Document Path: M:\Maps\Planning\ZoningWallMap_April_2017.mxd
Date: 4/12/2017
®
14.20.125 Central Mixed Use Zone (CMU zone).
(a) Intent. The CMU Zone is established to provide a centrally
located area in the City for general retail shopping, personal and
professional services, entertainment establishments, restaurants and
related businesses. The district is also intended to accommodate a
mixture of residential and commercial uses. The CMU Zone shall be
designed to encourage pedestrian movement throughout the area.
Building and other structures within the district should be compatible
with one another and the surrounding area.
(b) Principal Permitted Uses. As allowed in the Land Use Table.
(c) Conditional Uses. As allowed in the Land Use Table and subject
to the provisions of this chapter.
(d) Accessory Uses. As defined (see definitions in KMC
14.20.320).
(e) Home Occupations. Uses as allowed in this chapter.
(f) Parking Requirements. As required by this chapter.
(g) Development Requirements.
(1) No open storage shall be located closer than twenty-five feet
(25′) to the adjoining right-of-way of any collector street or main
thoroughfare. Any open storage in front or side yard visible from a
collector street shall be enclosed with an eight-foot (8′) high
commercial grade fence,
(2) As set forth in KMC 14.20.250 (b)(4)(B).
(h) Landscaping. As required in KMC 14.25.
(Ords. 2185-2006, 2245-2007)
Zoning
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08 /01 /2017 RMT
Cook Inlet Cannabis Co. DBA East Rip
Retail License Application / Conditional Use Permit Supplement
Location Reference Photos
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08 /01 /2017 RMT
Cook Inlet Cannabis Co. DBA East Rip
Retail License Application / Conditional Use Permit Supplement
Parking Plan
10 Designated Parking Spaces
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REVISIONS
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Cook Inlet Cannabis Co. DBA East Rip
Retail License Application / Conditional Use Permit Supplement
Logos
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Cook Inlet Cannabis Co. DBA East Rip
Retail License Application / Conditional Use Permit Supplement
Boundary / Proposed Licensed Premises.
Floor Plan / Premises 1 of 3
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08 /01 /2017 RMT
Cook Inlet Cannabis Co. DBA East Rip
Retail License Application / Conditional Use Permit Supplement
Floor Plan / Premises 2 of 3
283 sq. ft.283 sq. ft.
Up
DownUp
Down36'-0"ATM
Non Product
Vending Machine
Main Entrance
;
ID Check upon entry.
*RESTRICTED ACCESS TO BASEMENT
Non Product Retail
Emergency Exit ONLY. No entrance from
outside. Signage from inside (STOP
EMERGENCY EXIT ONLY)
Swing door for employee access
to retail floor. LOCKED.
EMPLOYEE ACCESS ONLYNon Product RetailPOS
Marijuana Dispensing Floor. Locking glass display cases
in front. Shelving for deli style in back with locking lower
wood cabinets. Fridge on back wall for edibles. Pipes
and other accessories in display cases. Locking drawers
for Marijuana product storage.
Metal
Post
Scale: 1/8" = 1'-0"
Bathroom
Break Room
Cleaning Supplies
Non Cannabis
merchandise
storage.
Employee Lockers
Bulletin / Legal
Postings
Air Filters
*Employee Access Only*
Marijuana Product Storage
WASTE Storage
*Restricted Access*
283 sq. ft.
Up
Down36'-0"ATM
Non Product
Vending Machine
Main Entrance
;
ID Check upon entry.
*RESTRICTED ACCESS TO BASEMENT
Non Product Retail
Emergency Exit ONLY. No entrance from
outside. Signage from inside (STOP
EMERGENCY EXIT ONLY)
Swing door for employee access
to retail floor. LOCKED.
EMPLOYEE ACCESS ONLYNon Product RetailPOS
Marijuana Dispensing Floor. Locking glass display cases
in front. Shelving for deli style in back with locking lower
wood cabinets. Fridge on back wall for edibles. Pipes
and other accessories in display cases. Locking drawers
for Marijuana product storage.
Metal
Post
Scale: 1/8" = 1'-0"
Bathroom
Break Room
Cleaning Supplies
Non Cannabis
merchandise
storage.
Employee Lockers
Bulletin / Legal
Postings
Air Filters
*Employee Access Only*
Marijuana Product Storage
WASTE Storage
*Restricted Access*
East Rip – Premises Diagram / Rev 3 / 10.23.17
LICENSED PREMISES #13382LICENSED PREMISES #13382 RESTRICTED ACCESS AREARESTRICTED ACCESS AREALICENSED PREMISES #13382 RESTRICTED ACCESS AREAW 8'-0"
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Cook Inlet Cannabis Co. DBA East Rip
Retail License Application / Conditional Use Permit Supplement
Floor Plan (BASEMENT) / Premises 3 of 3
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Cook Inlet Cannabis Co. DBA East Rip
Retail License Application / Conditional Use Permit Supplement
Surveillance / Security Plan (Main Floor)
SECURITY SYSTEMS & CAMERAS
Window / glass sensors on all exterior
windows.
Door alarms - in/out sensors on all exterior
doors.
Restricted key access to all marijuana product
areas.
Restricted access to all security systems &
business records.
Exterior premises and parking lot monitoring.
Motion detection alarm during closed hours.
Marijuana Product Storage
*Restricted Access*
Up
DownUp
DownNon Product RetailNon Product RetailPOS
RESTRICTED ACCESS AREARESTRICTED ACCESS AREA
EXTERIOR
CAMERAS
INTERIOR
CAMERAS
RESTRICTED
ACCESS
EXTERIOR
CAMERAS
INTERIOR
CAMERAS
RESTRICTED
ACCESS
Glass Break
Sensor
WINDOWS
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08 /01 /2017 RMT
Cook Inlet Cannabis Co. DBA East Rip
Retail License Application / Conditional Use Permit Supplement
Surveillance / Security Plan (Basement)
Up
UpUpBasement
Surveillance Room
Cameras / Security
Owner Access Only
Office
Business Records
Owner Access Only
RESTRICTED ACCESS AREARESTRICTED ACCESS AREA
INTERIOR
CAMERAS
RESTRICTED
ACCESS
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08 /01 /2017 RMT
Cook Inlet Cannabis Co. DBA East Rip
Retail License Application / Conditional Use Permit Supplement
Signage Plan
Exterior sings.
One on the south facing
side and one on the east
facing side.
Design consistent with
the existing property
signage.
Door signage on front
door.
East ~RipEast ~Rip
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Cook Inlet Cannabis Co. DBA East Rip
Retail License Application / Conditional Use Permit Supplement
Ventilation / AHU
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Cook Inlet Cannabis Co. DBA East Rip
Retail License Application / Conditional Use Permit Supplement
Business Plan
Business Operation Snapshot
Hours of Operation:
East Rip will not be open before 9AM and after 11PM on any day.
The business intends to be open at least 4 days / week depending on market conditions.
The business intends to be open at least 6 hours per day depending on market conditions.
East Rip will be closed on Christmas and Easter holidays at a minimum.
Employees:
East Rip expects to employ 6 full time employees.
Key Policies & Procedures Consistent with State of Alaska Regulation:
Security, Lighting & Surveillance. Anti Loitering. Employee Code of Conduct and Ethics. Employee qualification & training.
Diversion Prevention. Odor Control.
Theme / Design
Interior and exterior design themes to draw inspiration from the rugged industries on the Kenai peninsula. Including
commercial fishing, natural environments, the ocean, and early Cook Inlet exploration.
Page 57 of 91
Cook Inlet Cannabis Co. DBA East Rip
Atmosphere Control Plan
Rev. 11/01/2017
The control of cannabis odors and the overall atmospheric conditions inside the store is achieved utilizing the
following systems:
DESIGN / SOURCE REMOVAL:
The single most important factor in controlling marijuana odors is the proper storage and packaging of the
source (Marijuana Flowers / Terpenes). Products are pre-packaged in sealed jars or blister pack bags to ensure
odors are minimized. Excess marijuana products are stored in a separate “Marijuana Storage” room so that
the higher potential odor area is segregated and filtered.
CLEAN AIR INTAKE / HEPA FILTRATION:
Fresh “Intake” air enters the store in the basement through a 10” duct. The intake air is pre-filtered with a
HEPA filer. Filters are changed out according to manufacturer recommendations or sooner if needed.
MECHANICAL VENTILATION / ACTIVE CARBON FILTRATION:
Inside air is removed from the store through a 10” mechanical ventilation ducting system that runs inside the
drop ceiling. Inside air is passed through Active Carbon filters prior to exiting the building. Carbon filters are
changed out according to manufacturer recommendations or sooner if needed. Controllers on the air handling
system will ensure that there is always negative pressure inside the building so that air is drawn into the store,
instead of being exhausted outside. The mechanical ventilation system will be evaluated by an air handling
specialist to ensure proper flow rates and room pressures are achieved in accordance with applicable air
quality and building standards for indoor air quality.
NEGETIVE ION GENERATION / OZONE GENERATION:
Additional odor source treatment and removal will utilize Negative Ion and Ozone generators as needed. The
Negative-Ion Generators are small wall mounted electrical units that can be placed throughout the store.
Ozone Generators are installed in-line with the ducting and upstream of the outside vent.
TEMPERATURE & HUMIDITY:
Temperature and humidity controls are vital to the proper storage of marijuana products. Mold and other
biological concerns are controlled by keeping the temperature of the space at a temperature around 65F.
Temperature reduction will be achieved utilizing small wall mounted AC units throughout the space.
Excess humidity will be removed from the space utilizing small wall mounted dehumidifiers.
REFERENCE MATERIAL:
CICC Conditional Use Supplement 10.23.17 - Page A20
Godish, T. (2004). Air Quality (4th ed.). Lewis.
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BASEMENT
MAIN FLOOR / STREET LEVEL
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SPUR NO. 4 & REPLATNO. 6
NO. 2 SPUR SUBD. NO. 11983 ADDITIONALEYESKA PART THREER/
W
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NO. 7
TR. A
2-C
2-D
2
1A
1-A
1-C 1-B
2-B
2-A
1-3A1
1 3-B
2-3A2
4
(4)1080110801108214710880 10800108191081997106711073310639
107351076741610821108804124151073597106711073310639
41241510767416SP
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125 '
Date: 11/3/2017
The information depicted hereon is for graphic representationonly of the best available sources. The City of Kenai assumes no responsibility for errors on this map.
1 inch equals 125 feet
Lot 1_C Spur Subdivision, No. 2
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Page 75 of 91
KENAI PENINSULA BOROUGH PLANNING COMMISSION
GEORGE A. NAVARRE ADMINISTRATION BUILDING
ASSEMBLY CHAMBERS
144 NORTH BINKLEY STREET
SOLDOTNA, ALASKA 99669
November 13, 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 - None
*2. Planning Commission Resolutions - None
*3. Plats Granted Administrative Approval ..................................................... 2
*4. Plats Granted Final Approval (20.10.040)
*5. Plat Amendment Request
a. Camelot by the Sea 2017 Replat ............................................... 11
File 2017-085 [Johnson / Bell, Hall]
Recording No. SW 2017-09
Location: Off King Arthur Drive, Seward area
*6. Utility Easement Vacation
a. Utility easement vacation to vacate the ten ............................... 15
foot wide utility easement adjoining the eastern lot line of
Lot 1, Block 3 Mariner Village Subdivision, granted by
Mariner Village Subdivision (Plat HM 68-657); within
Section 16, Township 6 South, Range 13 West, Seward
Meridian, AK, City of Homer, within the KPB. File 2017-
152V. Purpose as stated in petition: Over 17% of the
property is subject to utility easements. Vacation of the
easterly ten foot utility easement will allow the owner to
have fuller use of her property. Petitioner: Candace R.
Edwards of Homer, AK.
*7. Commissioner Excused Absences
a. Syverine Bentz, Anchor Point / Ninilchik
Paulette Bokenko-
Carluccio
PC Member
City of Seldovia
Term Expires 2018
Syverine Abrahamson-
Bentz
PC Member
Anchor Point/ Ninilchik
Term Expires 2019
Cindy Ecklund
PC Member
City of Seward
Term Expires 2020
Robert F. Ernst
PC Member
Northwest Borough
Term Expires 2020
Dr. Rick Foster
Parliamentarian
Southwest Borough
Term Expires 2020
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 76 of 91
b. Robert Ernst, Northwest Borough
c. James Isham, Sterling
d. Blair Martin, Kalifornsky Beach
*8. Minutes
a. October 23, 2017 Plat Committee Minutes
b. October 23, 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. Ordinance 2017-30, An Ordinance Authorizing the ................................ 30
Negotiated Sale of a 60 Foot-Wide Strip of Land in the McBride
Subdivision Near Seward to Dean Carl at Fair Market Value
2. Public easement vacation to vacate the 40 foot wide ............................. 46
public access easement crossing Tract 3 Parkinson Tracts as
granted on Parkinson Tracts, Plat HM 78-63. The public access
easement being vacated is developed and located off Seaward
Ave, Anchor Point, within the NE1/4 NE1/4 of Section 8,
Township 5 South, Range 15 West, Seward Meridian, AK, within
the KPB. File 2015-156V. Purpose as stated in the petition: An
alternate roadway is constructed and will be dedicated as a right-
of-way in the plat that will finalize this action. Petitioners: Vickey
J. Hodnik & George Krier of Homer, AK.
G. ANADROMOUS WATERS HABITAT PROTECTION DISTRICT (21.18)
1. < < < WITHDRAWN > > > Appeal of permit denial to ................. 54
relocate and rebuild a prior existing accessory structure within
the 50-foot Habitat Protection District.
H. VACATIONS NOT REQUIRING A PUBLIC HEARING - None
I. SPECIAL CONSIDERATIONS - None
J. SUBDIVISION PLAT PUBLIC HEARINGS
1. The Plat Committee is scheduled to review 4 preliminary plats and one
final plat.
K. OTHER/NEW BUSINESS
L. ASSEMBLY COMMENTS
M. LEGAL REPRESENTATIVE COMMENTS
Paul Whitney
PC Member
City of Soldotna
Term Expires 2020
Max J. Best
Planning Director
Charlie Pierce
Borough Mayor
Page 77 of 91
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 ..................................... 55
- October 11, 2017
- October 25, 2017
NEXT REGULARY SCHEDULED PLANNING COMMISSION MEETING
The next regularly scheduled Planning Commission meeting will be held Monday,
November 27, 2017 in the Assembly Chambers of the George A Navarre Kenai Peninsula
Borough, 144 North Binkley St, Soldotna, Alaska at 7:30 p.m.
ADVISORY PLANNING COMMISSION MEETINGS
CONTACT INFORMATION
KENAI PENINSULA BOROUGH PLANNING DEPARTMENT
Phone: 907-714-2200
Phone: toll free within the Borough 1-800-478-4441, extension 2215
Fax: 907-714-2378
e-mail address: planning@kpb.us
website: http://www.kpb.us/planning-dept/planning-home
Advisory
Commission
Meeting Location Date Time
Anchor Point Anchor Point
Chamber of Commerce TBD 7:00 p.m.
Cooper Landing Cooper Landing
Community Hall
November 8, 2017
December 6, 2017 6:00 p.m.
Moose Pass Moose Pass
Community Hall TBD 6:30 p.m.
Hope / Sunrise Hope Social Hall November 7, 2017 6:00 p.m.
The Kachemak Bay and Funny River
Advisory Planning Commissions are inactive at this time.
NOTE: Advisory planning commission meetings are subject to change. Please verify the meeting
date, location, and time with the advisory planning commission chairperson. Chairperson contact
information is on each advisory planning commission website, which is linked to the Planning
Department website.
Page 78 of 91
KENAI PENINSULA BOROUGH PLAT COMMITTEE
GEORGE A. NAVARRE ADMINISTRATION BUILDING
ASSEMBLY CHAMBERS
144 NORTH BINKLEY STREET
SOLDOTNA, ALASKA 99669
6:30 p.m. November 13, 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. October 23, 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. Correia Subdivision 2017 Addition ............................................................ 2
KPB File 2017-150
[Integrity / Mattox]
Location: Cohoe Loop Rd & Alexander Ave, Cohoe area 2. Mott’s Farm Jackson Siblings 2017 Addition .......................................... 10 KPB File 2017-151 [Integrity / Smith, Jackson, Mott, Wortham] Location: Echo Lake Rd & Gas Well Rd, Kalifornsky area
3. Carver Subdivision Suominen Replat ..................................................... 30
KPB File 2017-153
[Integrity / Suominen]
Location: Carver Dr, Ridgeway area
4. Trapper Lake Estates Yancy Addition .................................................... 38
KPB File 2017-154
[Integrity / Yancy]
Location: Trapper St & Edgar Ave, Cohoe area
F. FINAL SUBDIVISION PLAT PUBLIC HEARING
1. Galen Gray Subdivision Jackman Addition ............................................. 50
KPB File 2017-134
[Integrity / Jackman, Corbeille-Jackman]
Location: Gray Ave & Tarawa St, Nikiski area
MEMBERS:
Paulette Bokenko-
Carluccio
PC Member
City of Seldovia
Term Expires 2018
Cindy Ecklund
PC Member
City of Seward
Term Expires 2020
Robert Ernst
PC Member
Northwest Borough
Term Expires 2020
Virginia Morgan
PC Member
East Peninsula
Term Expires 2019
ALTERNATES:
Robert Ruffner
PC Member
Kasilof / Clam Gulch
Term Expires 2018
Franco Venuti
PC Member
City of Homer
Term Expires 2019
Paul Whitney
PC Member
City of Soldotna
Term Expires 2020
Page 79 of 91
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, November
27, 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
Page 80 of 91
KENAI PENINSULA BOROUGH PLANNING COMMISSION
GEORGE A. NAVARRE ADMINISTRATION BUILDING
ASSEMBLY CHAMBERS
144 NORTH BINKLEY STREET
SOLDOTNA, ALASKA 99669
November 27, 2017 - 7:30 P.M.
Tentative Agenda
A. CALL TO ORDER
B. ROLL CALL
1. Election of Officers
- Chairman; Vice Chairman & Parliamentarian
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. Marley Subdivision ....................................................................... 2
KPB File 2007-239 [None / Marley, Nellis, Smith]
Location: City of Homer
*2. Planning Commission Resolutions - None
*3. Plats Granted Administrative Approval ................................................... 10
*4. Plats Granted Final Approval (20.10.040) - None
*5. Plat Amendment Request - None
*6. Utility Easement Vacation - None
*7. Commissioner Excused Absences
a. Harry Lockwood, Ridgeway
b. Robert Ruffner, Kasilof / Clam Gulch
*8. Minutes
a. November 13, 2017 Plat Committee Minutes
b. November 13, 2017 Planning Commission Minutes
D. PUBLIC COMMENT/PRESENTATIONS/COMMISSIONERS
(Items other than those appearing on the agenda. Limited to five minutes per speaker unless
Paulette Bokenko-
Carluccio
PC Member
City of Seldovia
Term Expires 2018
Syverine Abrahamson-
Bentz
PC Member
Anchor Point/ Ninilchik
Term Expires 2019
Cindy Ecklund
PC Member
City of Seward
Term Expires 2020
Robert F. Ernst
PC Member
Northwest Borough
Term Expires 2020
Dr. Rick Foster
Parliamentarian
Southwest Borough
Term Expires 2020
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 81 of 91
previous arrangements are made.)
E. UNFINISHED BUSINESS
F. PUBLIC HEARINGS
1. Public Hearing on a Marijuana Product Manufacturing .......................... 20
license application to provide comments to the State of Alaska.
Applicant: Lady Gray Gourmet Medibles; Landowner:
Frederick Grossl; Parcel Number: 058-291-25; Property
Description: Lot C2, Robinette Subdivision Grossl Addition #2
according to Plat 2012-75, Kenai Recording District. Location:
36322 Pine Street, Suite 1, Soldotna, AK
2. Public Hearing on a Marijuana Product Manufacturing license ............ 106
application to provide comments to the State of Alaska.
Applicant: Fire Eater; Landowner: Frank E Sanders, III; Parcel
Number: 057-101-24; Property Description: Lot 2-A, Irons
Subdivision Enterprise Addition according to Plat 86-42, Kenai
Recording District. Location: 36160 Spur Hwy, Suite A,
Soldotna, AK.
3. Public hearing on a Standard Marijuana Cultivation Facility ................ 153
license in the Nikiski area. Applicant: Hempco, LLC;
Landowner: Zan, Inc; Parcel Number: 017-160-41; Property
Description: That portion of Government Lot 106 lying east of
Kenai Spur Highway in Section 14, Township 6 North, Range 12
West, Seward Meridian.
PART 2 OF AGENDA PACKET
4. Resolution 2017-30, Conditional Land Use Permit for material ............ 235
extraction on a parcel in the Nikiski area. Applicant: Remote
Alaska Solutions; Landowner: GAS Holdings; Parcel Number:
014-180-05; Legal Description: The Northeast ¼ of the
Northwest ¼ and the Northwest ¼ of the Northeast ¼, Section
15, Township 7 North, Range 12 West, Seward Meridian.
Location: East of the Kenai Spur Highway, at the end of
Tachatna Avenue. (Postponed from the September 25 & October
23, 2017 Planning Commission meeting.)
G. ANADROMOUS WATERS HABITAT PROTECTION DISTRICT (21.18)
1. Resolution 2017-38; Public hearing for a Conditional Use ................... 422
Permit to construct a private boat launch. The project is adjacent
to Bishop Lake and is within the 50-foot Habitat Protection
District. The project is located on the south shore of Bishop
Lake, Lot 14, Thompson’s Lake Estates Subdivision, Section 21,
T7N, R11W, Seward Meridian, KN 0810048 Alaska, KPB Parcel
#013-580-20. Petitioner: Scott Bieber, Soldotna.
H. VACATIONS NOT REQUIRING A PUBLIC HEARING - None
I. SPECIAL CONSIDERATIONS - None
J. SUBDIVISION PLAT PUBLIC HEARINGS
Paul Whitney
PC Member
City of Soldotna
Term Expires 2020
Max J. Best
Planning Director
Charlie Pierce
Borough Mayor
Page 82 of 91
1. The Plat Committee is scheduled to review 4 preliminary plats.
K. OTHER/NEW BUSINESS
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
NEXT REGULARY SCHEDULED PLANNING COMMISSION MEETING
The next regularly scheduled Planning Commission meeting will be held Monday,
December 11, 2017 in the Assembly Chambers of the George A Navarre Kenai Peninsula
Borough, 144 North Binkley St, Soldotna, Alaska at 7:30 p.m.
ADVISORY PLANNING COMMISSION MEETINGS
CONTACT INFORMATION
KENAI PENINSULA BOROUGH PLANNING DEPARTMENT
Phone: 907-714-2200
Phone: toll free within the Borough 1-800-478-4441, extension 2215
Fax: 907-714-2378
e-mail address: planning@kpb.us
website: http://www.kpb.us/planning-dept/planning-home
Advisory
Commission
Meeting Location Date Time
Anchor Point Anchor Point
Chamber of Commerce TBD 7:00 p.m.
Cooper Landing Cooper Landing
Community Hall December 6, 2017 6:00 p.m.
Moose Pass Moose Pass
Community Hall TBD 6:30 p.m.
Hope / Sunrise Hope Social Hall TBD 6:00 p.m.
The Kachemak Bay and Funny River
Advisory Planning Commissions are inactive at this time.
NOTE: Advisory planning commission meetings are subject to change. Please verify the meeting
date, location, and time with the advisory planning commission chairperson. Chairperson contact
information is on each advisory planning commission website, which is linked to the Planning
Department website.
Page 83 of 91
KENAI PENINSULA BOROUGH PLAT COMMITTEE
GEORGE A. NAVARRE ADMINISTRATION BUILDING
ASSEMBLY CHAMBERS
144 NORTH BINKLEY STREET
SOLDOTNA, ALASKA 99669
6:30 p.m. November 27, 2017
Tentative Agenda
A. CALL TO ORDER
B. ROLL CALL
C. APPROVAL OF AGENDA, EXCUSED ABSENCES, AND MINUTES
1. Agenda
2. Member/Alternate Excused Absences
3. Minutes
a. November 13, 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. Parkinson Tract 3 Replat Right of Way Acquisition .................................. 2
KPB File 2017-156
[Mullikin / Hodnik, Krier] Location: Seaward Ave & Spruce View St, Anchor Point area Anchor Point APC 2. J Booth Recreational Subdivision Olsgard 2017 Addition ...................... 13 KPB File 2017-157 [Integrity / Olsgard] Location: Moore St, Happy Valley area Anchor Point APC
3. Starr Tracts 2017 Addition ...................................................................... 40
KPB File 2017-159
[Johnson / Kopec]
Location: Sterling Hwy & Capella Dr, Kasilof area
4. Mott’s Farm Jackson Siblings 2017 Addition .......................................... 70 KPB File 2017-151 [Integrity / Smith, Jackson, Mott, Wortham] Location: Echo Lake Rd & Gas Well Rd, Kalifornsky area (Postponed from the November 13, 2017 Plat Committee Meeting)
F. FINAL SUBDIVISION PLAT PUBLIC HEARING
G. OTHER / NEW BUSINESS
H. MISCELLANEOUS INFORMATION – NO ACTION REQUIRED
I. ADJOURNMENT
MEMBERS:
Paulette Bokenko-
Carluccio
PC Member
City of Seldovia
Term Expires 2018
Cindy Ecklund
PC Member
City of Seward
Term Expires 2020
Robert Ernst
PC Member
Northwest Borough
Term Expires 2020
Virginia Morgan
PC Member
East Peninsula
Term Expires 2019
ALTERNATES:
Robert Ruffner
PC Member
Kasilof / Clam Gulch
Term Expires 2018
Franco Venuti
PC Member
City of Homer
Term Expires 2019
Paul Whitney
PC Member
City of Soldotna
Term Expires 2020
Page 84 of 91
NEXT REGULARLY SCHEDULED MEETING
The next regularly scheduled Plat Committee meeting will be held Monday, December
11, 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
Page 85 of 91
KENAI PENINSULA BOROUGH PLANNING COMMISSION
GEORGE A. NAVARRE ADMINISTRATION BUILDING
ASSEMBLY CHAMBERS
144 NORTH BINKLEY STREET
SOLDOTNA, ALASKA 99669
December 11, 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. River Quest Phase 3 .................................................................... 2
KPB File 2009-189 [Integrity / Leland Corp]
Location: Porter Rd, Kalifornsky
*2. Planning Commission Resolutions - None
*3. Plats Granted Administrative Approval ..................................................... 7
*4. Plats Granted Final Approval (20.10.040) .............................................. 13
*5. Plat Amendment Request - None
*6. Utility Easement Vacation
a. Vacation of a portion of the five-foot utility easement ................ 15
that has a structure within the south 2/3rds of the
easement. Said easement is along the north boundary
fronting Tawney Ave of Tract 2 Loralyn Subdivision, KN
74-65 and was granted by that platting action. It is
located within S1, T2N, R12W, SM, AK within the Kenai
Peninsula Borough; KPB File 2017-143V.
*7. Commissioner Excused Absences
a. Harry Lockwood, Ridgeway
*8. Minutes
a. November 27, 2017 Plat Committee Minutes
b. November 27, 2017 Planning Commission Minutes
Paulette Bokenko-
Carluccio
PC Member
City of Seldovia
Term Expires 2018
Syverine Abrahamson-
Bentz
PC Member
Anchor Point/ Ninilchik
Term Expires 2019
Cindy Ecklund
PC Member
City of Seward
Term Expires 2020
Robert F. Ernst
PC Member
Northwest Borough
Term Expires 2020
Dr. Rick Foster
Parliamentarian
Southwest Borough
Term Expires 2020
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 86 of 91
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. Public Hearing on a Standard Marijuana Cultivation .............................. 21
Facility license application to provide comments to the State of
Alaska. Applicant: Alaska Growth; Landowner: Pay Dirt
Investments, LLC; Parcel Number: 014-180-13; Property
Description: The Northeast ¼ of the Northeast ¼ of the
Southwest ¼ of the Northeast ¼, Section 14, Township 7 North,
Range 12 West, Seward Meridian; Location: 49787 Island Lake
Road, Nikiski.
G. ANADROMOUS WATERS HABITAT PROTECTION DISTRICT (21.18) - None
H. VACATIONS NOT REQUIRING A PUBLIC HEARING - None
I. SPECIAL CONSIDERATIONS
1. Reconsideration of the November 13, 2017 Plat................................ 68
Committee’s Decision of requiring a Public Access
Easement over an existing gravel drive.
Galen Gray Subdivision Jackman Addition Reconsideration
KPB File 2017-134
[Integrity / Jackman, Corbeille-Jackman]
Location: Gray Ave & Tarawa St, Nikiski area
J. SUBDIVISION PLAT PUBLIC HEARINGS
1. The Plat Committee is scheduled to review 5 preliminary plats.
K. OTHER/NEW BUSINESS
1. 2018 Comprehensive Plan Draft Presentation
2. Plat Committee (January, February, March 2018)
- 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
Paul Whitney
PC Member
City of Soldotna
Term Expires 2020
Max J. Best
Planning Director
Charlie Pierce
Borough Mayor
Page 87 of 91
NEXT REGULARY SCHEDULED PLANNING COMMISSION MEETING
The next regularly scheduled Planning Commission meeting will be held Monday, January
8, 2018 in the Assembly Chambers of the George A Navarre Kenai Peninsula Borough,
144 North Binkley St, Soldotna, Alaska at 7:30 p.m.
ADVISO RY 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 January 3, 2018 6:00 p.m.
Moose Pass Moose Pass
Comm unity Hall TBD 6:30 p.m.
Hope / Sunrise Hope Social Hall TBD 6:00 p.m.
The Kachemak Bay and Funny River
Advisory Planning Commissions are inactive at this time.
NOTE: Advisory planning commission meetings are subject to change. Please verify the meeting
date, location, and time with the advisory planning commission chairperson. Chairperson contact
information is on each advisory planning commission website, which is linked to the Planning
Department website.
Page 88 of 91
KENAI PENINSULA BOROUGH PLAT COMMITTEE
GEORGE A. NAVARRE ADMINISTRATION BUILDING
ASSEMBLY CHAMBERS
144 NORTH BINKLEY STREET
SOLDOTNA, ALASKA 99669
6:30 p.m. December 11, 2017
Tentative Agenda
A. CALL TO ORDER
B. ROLL CALL
C. APPROVAL OF AGENDA, EXCUSED ABSENCES, AND MINUTES
1. Agenda
2. Member/Alternate Excused Absences
3. Minutes
a. November 27, 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. Big T Homestead Subdivision 2017 Replat .............................................. 2
KPB File 2017-164
[Johnson / Brand] Location: Tustumena Lake Rd & Bull Moose St, Kasilof 2. Tote Estates Subdivision 2017 Replat .................................................... 14 KPB File 2017-162 [Johnson / Brown, Metz] Location: Tote Rd & Covenants Cir, Kalifornsky area 3. Bush Homestead 2017 Addition ............................................................. 24 KPB File 2017-160 [Integrity / Bush] Location: Yukon Rd, Kasilof
4. Goat Haven Estates Subdivision 2017 Addition ..................................... 40
KPB File 2017-163
[Cooper / LaRock]
Location: Ewe Loop & Billy Cir, Moose Pass area
Moose Pass APC
5. Todd Subdivision .................................................................................... 58
KPB File 2017-158
[Segesser / John A. Todd, Jr. Trust Agreement, Todd]
Location: Near Brody Rd, Ninilchik area
F. FINAL SUBDIVISION PLAT PUBLIC HEARING
G. OTHER / NEW BUSINESS
MEMBERS:
Paulette Bokenko-
Carluccio
PC Member
City of Seldovia
Term Expires 2018
Cindy Ecklund
PC Member
City of Seward
Term Expires 2020
Robert Ernst
PC Member
Northwest Borough
Term Expires 2020
Virginia Morgan
PC Member
East Peninsula
Term Expires 2019
ALTERNATES:
Robert Ruffner
PC Member
Kasilof / Clam Gulch
Term Expires 2018
Franco Venuti
PC Member
City of Homer
Term Expires 2019
Paul Whitney
PC Member
City of Soldotna
Term Expires 2020
Page 89 of 91
H. MISCELLANEOUS INFORMATION – NO ACTION REQUIRED
I. ADJOURNMENT
NEXT REGULARLY SCHEDULED MEETING
The next regularly scheduled Plat Committee meeting will be held Monday, January 8,
2018 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
Page 90 of 91
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Page 91 of 91