Loading...
HomeMy WebLinkAbout2017-12-13 Planning & Zoning MinutesCITY OF KENAI PLANNING & ZONING COMMISSION CITY COUNCIL CHAMBERS DECEMBER 13,2017- 7:00 P.M. COMMISSION CHAIR TWAIT, PRESIDING MINUTES 1. CALL TO ORDER: Commission Chair Twait called the meeting to order at 7:00 p.m. a. Pledge of Allegiance Commission Chair Twait led those assembled in the Pledge of Allegiance. b. Roll Call Commissioners present: V. Askin, J. Halstead, G. Greenberg, K. Peterson, B. Springer, J. Twait Staff/Council Liaison present: City Planner M. Kelley, City Clerk J. Heinz, City Attorney S. Bloom, Planning Assistant, W. Anderson, Deputy Clerk, J. Kennedy, and Council Liaison H. Knackstedt A quorum was present. c. Agenda Approval MOTION: Commissioner Peterson MOVED to approve the agenda and Commissioner Halstead SECONDED the motion. There were no objections; SO ORDERED. d. Consent Agenda MOTION: Commissioner Askin MOVED to approve the consent agenda and Commissioner Halstead SECONDED the motion. Commissioner Springer requested the removal of the minutes from the consent agenda. 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 — Fikes. 2. *APPROVAL OF MINUTES: a. *November 8, 2017 [Clerk's Note: The minutes were removed from the consent agenda during approval of the consent agenda.] MOTION: Commissioner Springer MOVED to approve the minutes and Commissioner Peterson SECONDED the motion. MOTION TO AMEND: Commissioner Springer MOVED to amend the minutes to change his findings in Resolution PZ 2017-33 to read he intended to vote against the conditional use permit, "due to the hardship that the use placed on the other tenants of the building and the fact that there was recreation or youth activities that were traditionally and historically allowed on the City owned properties which were located within the five -hundred foot buffer requirement," and Commissioner Askin SECONDED the motion. There were no objections; SO ORDERED. VOTE ON THE MAIN MOTION AS AMENDED: YEA: Greenberg, Peterson, Askin, Halstead, Springer, Twait NAY: MOTION PASSED UNANIMOUSLY. 3. SCHEDULED PUBLIC COMMENT: (10 Minutes) None scheduled 4. PERSONS PRESENT NOT SCHEDULED: (3 Minutes) Council Member Jim Glendening reintroduced Council Member Henry Knackstedt as Council Liaison to Planning & Zoning Commission. Larry Tunseth spoke in favor of the marijuana retail store noting the applicants spent hundreds of hours preparing to open the establishment; had done their due diligence and was confident in their intent to remain compliant with the regulations. Gus Linnell applauded the reconsideration of the motion; reiterated his points where the application did not comply with code, disagreeing that the use was in harmony with the Comprehensive Plan and asserting that the use was harmful to public safety, health, or welfare; added there was a conflict between the code and the land use table and suggested the use wasn't allowed in commercial mixed use pursuant to the code. Amy Jackman spoke in favor of the Conditional Use Permit noting it was not the role of the Commission to deny a permit based on concerns of other tenants and that there was also an alcohol establishment in the vicinity of the green lot to be considered. Jackman noted the type of people she had seen utilizing retail marijuana stores were employed, middle aged people, who Planning and Zoning Commission Meeting December 13, 2017 Page 2 were looking for pain relief to get off man-made opiates; also noted a vast majority were pleasant, happy, clean, well-spoken members of society and encouraged reconsideration. Cathy Hammer spoke against the Conditional Use Permit noting the bar across street couldn't let a patron leave with a drink and give it to a minor, something that could potentially be done with the marijuana establishment; also noted the greenbelt had been used as park for years and the area had been considered for an event center. Buddy Crowder spoke in favor of the Conditional Use Permit noting the industry would bring tax dollars to the community and that he sees more problems with alcohol than marijuana. Lisa Coates spoke in favor of reconsideration noting the proposed use provided year round employment, an open storefront in a space that that was vacant. Also noted other industry operators were successful and that it would be nice for more operators to come into the City; suggested it would increase the likelihood that some would shop at neighborhood stores while they were in town; noted that Alaska was able to uniquely capitalize on the market since no outside marijuana could come into the state. Heidi Tunseth spoke in favor of the Conditional Use Permit noting she had a business management degree and was confident they would run the business well, they had done hours of research and worked with city professionals to prepare the application; had spent thousands of dollars in legal and startup expenses and their family was relying on approval of the Conditional Use Permit; suggested there had been severe misrepresentations presented at the previous meeting. Cassie Kiel reiterated she was against the Conditional Use Permit noting it was not about the applicants but that she didn't want the business next to her store suggesting the smell would be an issue due to the drop ceilings in the building, and that her staff was mostly under 21. Ryan Tunseth spoke in favor of reconsideration asking that the application be considered on its own merits; noted some comments had been misleading or false. He noted the wall created a sealed space and his unit would have its own air handling; also noted the mechanical and plumbing were installed per code. He pointed out that the land behind the building was not a park, was called Millennium Square and when received had been zoned mixed use land; further pointed out that no youth program used the space and that an event park for adults was an idea of what the future might hold. He noted that zero property owners objected to the business and suggested that lessees should not be allowed to weigh in on the use. David Blackley spoke against the Conditional Use Permit noting his wife owned a business in Kenai and suggested that he didn't want to see a marijuana shop on every corner in town as it was not a good image. He noted the location was a high profile location that tourists were going to see and that marijuana wasn't going to increase the business image. 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 Planning and Zoning Commission Meeting December 13, 2017 Page 3 City Planner Kelley reviewed his staff report, which was provided in the packet, noting the Plat reconfigured smaller lots into a larger parcel and, based on his review, recommended that the plat be approved with the following conditions: • Further development of the property shall conform with all Federal, State, and local regulations; • The City Council for the City of Kenai must approve the vacation of the ten foot (10') utility easement pursuant to Kenai Municipal Code 22.05.110 and Kenai Peninsula Borough Code 20.28.100; • The numbering of the "Notes" section of the plat should be corrected; • Prior to issuance of the building permit, the plat of Radar Subdivision 2017 Replat must be recorded. MOTION: Commissioner Peterson MOVED to approve Resolution No. PZ2017-36 with staff recommendations and Commissioner Springer SECONDED the motion. Commission Chair Twait opened the floor for public testimony; there being no one wishing to be heard, public comment was closed. It was clarified that access to the property was off Ninilchik Drive. VOTE: YEA: Greenberg, Peterson, Askin, Halstead, Springer, Twait NAY: MOTION PASSED UNANIMOUSLY. 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 City Planner Kelley reviewed his staff report, which was provided in the packet, noting the Plat reconfigured two lots into a larger parcel and, based on his review, recommended that the plat be approved with the following conditions: • Further development of the property shall conform with all Federal, State, and local regulations; • Remove the twenty-five foot (25') building set back as delineated on the plat. MOTION: Commissioner Askin MOVED to approve Resolution No. PZ2017-38 with staff recommendations and Commissioner Halstead SECONDED the motion. Commission Chair Twait opened the floor for public testimony; there being no one wishing to be heard, public comment was closed. VOTE: Planning and Zoning Commission Meeting December 13, 2017 Page 4 YEA: Greenberg, Peterson, Askin, Halstead, Springer, Twait NAY: MOTION PASSED UNANIMOUSLY. 6. PUBLIC HEARINGS: None. 7. UNFINISHED BUSINESS: Reconsideration of 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. (Clerk's Note: At the November 8' meeting, Resolution No. PZ2017-33 failed by a vote of 4 - 2. A consideration of the vote has been requested.) Commission Chair Twait passed the gavel to Commission Vice -Chair Peterson. MOTION TO RECONSIDER: Commissioner Halstead MOVED to reconsider the November 8, 2017 vote of Resolution No. PZ2017-33 and Commissioner Greenberg SECONDED the motion. Commissioner Halstead suggested further discussion of the topic was warranted for due process as the impacts and decision lingered with him for some time after the vote. Requested a vote in favor of reconsideration. VOTE ON THE RECONSIDERATION: YEA: Greenberg, Peterson, Askin, Halstead NAY: Springer MOTION PASSED. The three topics that were at issue were addressed noting the status of the adjacent property was not a park and should not be an issue, there were requirements in place that the smell not be an issue and it was up to the applicant to ensure that, and the tenant complaints were not up to the Commission to decide, but property management instead. It was also suggested that a tobacco shop or liquor store in the location would have been supported, and that marijuana should be considered similarly. Commissioner Springer noted he would be voting no again pointing out that that when the Commission was tasked with drafting regulations for marijuana in the City one regulation was that marijuana uses would be buffered from recreational youth areas and that the adjacent property to the location had historically been used as recreational youth activity area and was within the buffer area; suggested that when youth used the adjacent property, there would be a code Planning and Zoning Commission Meeting December 13, 2017 Page 5 violation. Clarification was provided that the proposed location was 510.8 feet from Leif Hansen Memorial Park. Commissioner Greenberg noted his vote would still be in favor noting buffers were to proximity to parks, the use was permitted per land use table, and smell was a function of licensing; noted the application met all requirements of code. Commissioner Halstead noted in the past the adjacent property may have been used for recreational purposes, but no youth programs were currently using it and it was not specifically a park; pointed out that what used to be versus what is current shouldn't be a consideration. Commissioner Springer pointed out that the property was not being used for recreational purposes on a regular basis but was from time to time and was concern in meeting the buffer requirement. It was noted that, on occasion, events held at the adjacent property, had had beer gardens. Gratitude was expressed for reconsideration; the open discussion was appreciated. VOTE ON THE RECONSIDERED MOTION: YEA: Greenberg, Peterson, Halstead NAY: Askin, Springer MOTION PASSED. Commission Vice -Chair Peterson noted the 15 -day appeal period. Commission Vice -Chair Peterson passed the gavel back to Commission Chair Twait. 8. NEW BUSINESS: None. 9. PENDING ITEMS: None. 10. REPORTS: a. City Council — Council Member Knackstedt noted it was good to be back as the liaison to the Commission and reviewed the Action Agenda for the December6 City Council meeting which was provided in the packet. b. Borough Planning — There was no report as Borough Commissioner Fikes was absent; it was noted the minutes from the meeting were provided in the packet. c. Administration — City Planner M. Kelley thanked those that attended the American Planning Association Conference; noted sessions he attended included sustainability and smart cities; provided an update on pending and upcoming projects and advised on his being out of the office over the holiday. Planning and Zoning Commission Meeting December 13, 2017 Page 6 11. PERSONS PRESENT NOT SCHEDULED: None. 12. INFORMATIONAL ITEMS: None. 13. NEXT MEETING ATTENDANCE NOTIFICATION: January 10, 2018 Commission Chair Twait noted he would be absent. 14. COMMISSION COMMENTS & QUESTIONS: Commissioner Askin wished all a Merry Christmas Commissioner Halstead welcomed Council Member Knackstedt as Council Liaison and again thanked the commissioners for discussing the Conditional Use Permit further. Commissioner Greenberg welcomed Council Member Knackstedt and thanked Council Member Glendening for being the liaison; thanked Commissioner Halstead for bringing forth the reconsideration. Commissioner Springer thanked Council Member Glendening for his service and welcomed Council Member Knackstedt back; noted he appreciated the feedback. Commissioner Peterson noted the discussion on the reconsideration was well handled; echoed other comments on farewell to Council Member Glendening and welcoming Council Member Knackstedt back. Commission Chair Twait echoed other comments on farewell to Council Member Glendening and welcoming Council Member Knackstedt back. il�il_1 �1�L�I�l7.h'd��flf There being no further business before the Commission, the meeting was adjourned at 8:27 p.m Minutes prepared and submitted by: Ja ie Heinz, CMC F KENq� yClerk 10, 1 �4ED Planning and Zoning Commission Meeting December 13, 2017 Page 7