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Home My WebLink About2018-01-24 Planning & Zoning PacketAGENDA KENAI PLANNING & ZONING COMMISSION – REGULAR MEETING January 24, 2018 - 7:00 P.M. KENAI CITY COUNCIL CHAMBERS 210 FIDALGO AVENUE, KENAI, ALASKA http://www.kenai.city 1. CALL TO ORDER a. Pledge of Allegiance b. Roll Call c. Agenda Approval d. Consent Agenda e. *Excused absences – Commissioner J. Halstead *All items listed with an asterisk (*) are considered to be routine and non-controversial by the Commission and will be approved by one motion. There will be no separate discussion of these items unless a Commission Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. 2. *APPROVAL OF MINUTES: January 10, 2018 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 PZ2017-43 – Original Preliminary Plat of Pelch Subdivision White Addition, submitted by McLane Consulting, Inc. P.O. Box 468, Soldotna, Alaska 99669, on behalf of James A. White, 2214 Stephanie Brooke, Wenatchee, WA 98801 ................................ 1 b. Resolution PZ2018-02 – Original Preliminary Plat of Original Townsite of Kenai Bluff Replat, submitted by Segesser Surveys, 30485 Rosland St., Soldotna, AK 99669, on behalf of Jerry A. Sprague and Patricia Bushman-Sprague 2012 Trust, 32000 Green Rd., Cloverdale, CA 95425; Julie Latta, 37070 Cannery Rd., Kenai, AK 99611; and City of Kenai, 210 Fidalgo Ave., Kenai, AK 99611 .................................................................. 7 6. PUBLIC HEARINGS: a. Resolution PZ2017-40 - Application for a Conditional Use Permit to construct and operate an approximately 1,656-square-foot Marijuana Product Manufacturing Facility located on an approximately 1-acre parcel, which is, zoned Light Industrial (IL). The use would consist of the extraction of Marijuana Concentrate from Marijuana via CO2 extraction technology and ethanol extraction, located on the property known as 14927 Kenai Spur Highway, Lots 1—5, Block 4, Radar Subdivision, KPB Parcel No. 03901010. Application submitted by: Buddy Crowder d/b/a Herban Extracts, 410 Magic Avenue, Kenai, Alaska 99611 .................................................................................................. 23 ____________________________________________________________________________________ AGENDA KENAI PLANNING & ZONING COMMISSION – REGULAR MEETING JANUARY 24, 2018 - 7:00 P.M. Page 2 of 2 7. UNFINISHED BUSINESS: None 8. NEW BUSINESS: None 9. PENDING ITEMS: None 10. REPORTS: a. City Council …………………………………………………………………………………….70 b. Borough Planning ……………………………………………………………………………...74 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: February 14, 2018 14. COMMISSION COMMENTS & QUESTIONS 15. ADJOURNMENT KENAI PLANNING & ZONING COMMISSION – REGULAR MEETING JANUARY 10, 2018 - 7:00 P.M. KENAI CITY COUNCIL CHAMBERS 210 FIDALGO AVENUE, KENAI, ALASKA http://www.kenai.city 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: V. Askin, J. Halstead, G. Greenberg, K. Peterson, B. Springer, D.Fikes 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.Election of Chair and Vice Chair MOTION: Commissioner Peterson MOVED to re-appoint Commissioner Twait as Chair; Commissioner Fikes SECONDED the motion. There were no objections; SO ORDERED. MOTION: Commissioner Peterson MOVED to appoint Commissioner Springer as Vice-Chair; Commissioner Fikes SECONDED the motion. There were no objections; SO ORDERED. d.Agenda Approval MOTION: Commissioner Halstead MOVED to approve the agenda and Commissioner Askin SECONDED the motion. There were no objections; SO ORDERED. e.Consent Agenda MOTION: Commissioner Askin MOVED to approve the consent agenda and Commissioner Halstead SECONDED the motion. There were no objections; SO ORDERED. Page 1 of 79 *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. f. *Excused absences: Commissioner J. Twait 2. *APPROVAL OF MINUTES: December 13, 2017 3. SCHEDULED PUBLIC COMMENT: (10 Minutes) None scheduled. 4. UNSCHEDULED PUBLIC COMMENT: (3 Minutes) None. 5. CONSIDERATION OF PLATS: a. Resolution PZ2017-39 – Original Preliminary Plat of Kenai Spur Highway Rehabilitation: Sports Lake Road to Swires Road – Phase II, CFHWY00253 submitted by State of Alaska, Department of Transportation & Public Facilities, 4111 Aviation Ave., Anchorage, AK 99502 City Planner Kelley reviewed his staff report, which was provided in the packet, noting the plat reconfigured lots into Right-of-W ay as part of the Kenai Spur Highway Rehabilitation, Sports Lake Road to Swires Road, Phase II. Based on his review, recommended approval with the following condition: • Further development of the property shall conform to all Federal, State and local regulations. MOTION: Commissioner Greenberg MOVED to approve Resolution No. PZ2017-39 with staff recommendations and Commissioner Halstead SECONDED the motion. Commission Vice-Chair Peterson opened the floor for public testimony; there being no one wishing to be heard, public comment was closed. VOTE: YEA: Fikes, Askin, Greenberg, Springer, Halstead, Peterson NAY: MOTION PASSED UNANIMOUSLY. 6. PUBLIC HEARINGS: a. Resolution PZ2017-41 – Application for an Encroachment Permit to recognize an encroachment into the front yard setback for an existing one story single family residence. The residence was constructed at a distance of approximately 16.5 feet from the front property line where 20 feet is required. The property is located at 1650 Pebble Beach Court, and further described as Lot 11, Keemau Subdivision Crestwood Addition. The application was submitted by Robin Sevenson on behalf of the property owners, Dwight Page 2 of 79 H. Kramer and Marlyn L. Kramer, 230 N. Fern Street, Kenai, Alaska 99611 City Planner Kelley reviewed his staff report, which was provided in the packet, noting it is a new development, Encroachment Permit for the front yard setback due to an error in measuring. It was found that the applicant complied with the criteria for issuance as set forth in Kenai Municipal Code 14.20.185, and staff recommended approval with the following conditions: • Applicant must comply with all Federal, State and local regulations. MOTION: Commissioner Springer MOVED to approve Resolution No. PZ2017-41 with staff recommendations and Commissioner Halstead SECONDED the motion. Commission Vice-Chair Peterson opened the floor for public testimony. Dwight Kramer explained that the contractor made a regretful measuring error and suggested an encroachment permit be sought. There being no one else wishing to be heard, public comment was closed. VOTE: YEA: Askin, Greenberg, Springer, Halstead, Peterson, Fikes NAY: MOTION PASSED UNANIMOUSLY. b. Resolution PZ2018-01 - A Resolution of the Planning and Zoning Commission Recommending the City Council Enact Ordinance 2998-2018 Repealing, Renaming and Re-Enacting Kenai Municipal Code Chapter 21.10-Leasing of Airport Reserve Lands to Encourage Growth, Development and a Thriving Aviation Community Through Responsible Land Policies and Practices City Attorney Bloom presented on Leasing of Airport Reserve Lands. He explained the purpose was to develop a leasing program at the airport designed to encourage growth, development and a thriving aviation community. Bloom presented an overview of the proposed changes made to the code. He emphasized the goals included: • Make the leasing program competitive with other airports to attract new leases and retain existing lease holders; • Reduce large changes in rental rates from year to year; • Develop a process for rent increases that reduces controversy and appeals; • Simplify the application process; • Standardize the leasing process and provide transparency; and • Provide an exit process for leaseholders. Bloom noted that solutions forward included, but not limited to, eliminating the zone based appraisal process, new lease application review, reduction of development requirements, and would offer temporary development incentives. The new section was more comprehensive and would allow current lessees 2 years to convert to the new plan. Page 3 of 79 City Manager Ostrander noted that an internal working group was formed to address the Land Sale and Leasing of City Lands; explained that the working group focused on recommendations to address a number of issues as well as simplify the City’s land sale and lease program. He clarified that the City planned to address the off-airport properties upon completion of the airport properties. MOTION: Commissioner Askin MOVED to approve Resolution No. PZ2018-01 and Commissioner Halstead SECONDED the motion. Commission Vice-Chair Peterson opened the floor for public testimony; there being no one wishing to be heard, public comment was closed. VOTE: YEA: Greenberg, Springer, Halstead, Peterson, Fikes, Askin NAY: MOTION PASSED UNANIMOUSLY. 7. UNFINISHED BUSINESS: None. 8. NEW BUSINESS: None. 9. PENDING ITEMS: None. 10. REPORTS: a. City Council – Council Member Knackstedt noted the Council meeting was on January 3; reviewed the action agenda; and invited commission members to visit the new Atrium at the Senior Center. b. Borough Planning - Borough Commissioner Fikes noted met on January 8; 10 plats proposed, 9 approved; a cultivation facility was approved; comp plan draft was reviewed. c. Administration – City Planner Kelley noted an update on Bluff Erosion, awarding contract to Johnsons Survey; goal to have all acquisitions done by end of 2018; questioned interest in commission packets on IPad’s with Ilegislate program, as City Council. The commission welcomed the change from hard-copies to electronic. The City Clerk provided policy details behind Council Ipad use. 11. ADDITIONAL PUBLIC COMMENT: (3 Minutes) None. 12. INFORMATIONAL ITEMS: a. Planning & Zoning Resolutions – Fourth Quarter 2017 b. Building Permits – Fourth Quarter 2017 c. Code Enforcement Report – Fourth Quarter 2017 Page 4 of 79 13. NEXT MEETING ATTENDANCE NOTIFICATION: January 24, 2018 Commission Halstead noted he may not be present. 14. COMMISSION COMMENTS & QUESTIONS Commissioners expressed appreciation for the Administration effort with the Airport leases program and the presentation. 15. ADJOURNMENT There being no further business before the Commission, the meeting was adjourned at 8:10 p.m. Minutes prepared and submitted by: _____________________________ Jacquelyn Kennedy Deputy City Clerk Page 5 of 79 THIS PAGE INTENTIONALLY LEFT BLANK Page 6 of 79 STAFF REPORT To: Planning & Zoning Commission Date: January 24, 2018 Res: PZ2017-42 GENERAL INFORMATION Applicant: James A. White 2214 Stephanie Brooke Wenatchee, WA 98801 Submitted by: McLane Consulting, Inc. P.O. Box 468 Soldotna, AK 99669 Requested Action: Original Preliminary Subdivision Plat – Pelch Subdivision White Addition Existing Legal Description: The NE ¼ SE ¼ NE ¼ Section Two (2) Township 5 North, Range 11 West, Seward Meridian, Excluding Lot Five (5), Block One (1), Pelch Subdivision Part One (1) Proposed Legal Description: Lot Two (2), Three (3), and Four (4), Pelch Subdivision White Addition Street Address: 330 Ames Road KPB Parcel No.: 04949031 Existing Zoning: Rural Residential (RR) Current Land Use: Vacant Land Use Plan: Low Density Residential ANALYSIS The proposed preliminary plat will create three lots from an aliquot part parcel described as the NE ¼ SE ¼ NE 1/4 , Section Two (2), Township 5 North, Range 11 West, Seward Meridian, Excluding Lot Five (5), Block One (1), Pelch Subdivision Part One (1). Lots Three (3) and Four (4) are approximately 1.033 acres each, and Lot Two (2) is approximately 7.238 acres. Page 7 of 79 The subject parcel is zoned Rural Residential (RR); therefore, pursuant to Kenai Municipal Code 14.24.010 the minimum lot size is 20,000 square feet. The proposed lots meet the minimum lot size requirement. Furthermore, the proposed lots meet the minimum lot width of 90 feet as required in the Rural Residential zone. City Water and Sewer services are not available at this time; therefore, property owners will need to install individual water wells and septic systems. Access to the property will be provided via Ames Road, which is, a City maintained paved road. An installation agreement is not required. Note number two (2) on the proposed preliminary plat states “A building setback of twenty (20) feet is required from all street rights-of-way”. Building set back requirements are subject to change, the City recommends that the current note number two (2) be removed and replaced with the following notation: Development of this parcel is subject to the City of Kenai Zoning Standards. RECOMMENDATIONS Planning and Zoning Staff hereby recommends approval of the plat of Pelch Subdivision White Addition, subject to the following conditions: a. Further development of the property shall conform to all Federal, State and local regulations. b. Block One should be added to the face of the plat. c. The City Manager for the City of Kenai must sign the plat to acknowledge acceptance of the right-of-way dedication of Ames Road. ATTACHMENTS: 1. Resolution No. PZ2017-42 2. Application 3. Preliminary Plat 4. Map Page 8 of 79 CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ2017-42 SUBDIVISION PLAT A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI RECOMMENDING THAT THE ATTACHED SUBDIVISION PLAT BE APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: WHEREAS, the attached plat of PELCH SUBDIVISION WHITE ADDITION was referred to the City of Kenai Planning and Zoning Commission on January 24, 2018, and received from McLane Consulting, Inc.; and, WHEREAS, the City of Kenai Planning and Zoning Commission finds: 1. Plat area is zoned Rural Residential and therefore subject to said zone conditions. 2. Plat does not subdivide property within a public improvement district subject to special assessments. There is not a delinquency amount owed to the City of Kenai for the referenced property. 3. Installation agreement or construction of improvements is not required. 4. Status of surrounding land is shown. 5. Utility easements, if required, shall be shown. 6. Surveyor shall verify that no encroachments exist. If an encroachment exists; the plat does not create nor increase the encroachment. 7. Street names designated on the plat are correct. 8. CONDITIONS: a. Further development of the property shall conform to all Federal, State and local regulations. b. Block One should be added to the face of the plat. c. The City Manager for the City of Kenai must sign the plat to acknowledge acceptance of the right-of-way dedication of Ames Road. NOW, THEREFORE, BE IT RESOLVED, THAT THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI RECOMMENDS THE KENAI PENINSULA BOROUGH PLANNING COMMISSION APPROVE PELCH SUBDIVISION WHITE ADDITION, SUBJECT TO THE CONDITIONS OF APPROVAL SET FORTH ABOVE. Page 9 of 79 PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, this 24th day of January 2018. CHAIRPERSON: ATTEST: Jeff Twait, Chairperson Jamie Heinz, City Clerk Page 10 of 79 Page 11 of 79 AMES RDPTARMIGAN STALEENE WAYTIDAL STJU L I U S S E N S T DOLCHOK LNCU B C T KIM-N-ANG CTCREEK AVE TOGIAK ST HOLLIER STDOLCHOK LNBASIN VIEW WAYAMES RDAMES RDBEAVER LOOP RDMUDH E N D R EAGLE ST600520620710630352025591335036085590991151076541614097805805805909911515765416135093509 75042245705805906107104224570580590610710 345635203936371392594537203620 1261241151201101052751384833351 51537044443454311441636035542893654350370375260 44172751384833351350 420041925055356096257157853303402652752853053159133503604097420041925055356096257157853303402652752853053158353713925945 3704832471548161301254641476015047364704170454512011010548324715481613012546414760150473647041704545245 255 492849283325 3415 3425 3201453103325 3415 3425 3201453105153703903853045 610615308030504276395470485455465495555307530805753065307030603055305030353040635 48013203000 3330 4739288 44604384134135130125245 255 270 44494544281 280 285 32533544443454311441636035542893654350370375260 4417142486548653505 1423505 560425742573005 3903853045 610615308030504276395470485455465495555307530805753065307030603055305030353040635 48013203000 3330 47394605288 44604384134135130125126124115700700 270 44494544281 280 285 32533533053275 3020 800250. 850 ' Date: 1/19/2018 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 833 feet NE 1/4 SE 1/4 NE 1/4Section 2, T5N, R11WEXCLUDING Lot 5, Blk. 1,Pelch Subd. Part 1 TextTextText Text Page 12 of 79 Page 13 of 79 Page 14 of 79 STAFF REPORT To: Planning & Zoning Commission Date: January 24, 2018 Res: PZ2018-02 GENERAL INFORMATION Applicant: Segesser Surveys 30485 Rosland St. Soldotna, AK 99669 Property Owners: The Jerry A. Sprague and Patricia Bushman-Sprague 2012 Trust, dated May 31, 2012 Owner of Parcel Number One (1) 32000 Green Rd. Cloverdale, CA 95425 Julie Latta, Owner of Parcel Number Two (2) 37070 Cannery Rd. Kenai, AK 99611 City of Kenai, Owner of Parcel Number Three (3) and Four (4) 210 Fidalgo Ave. Kenai, AK 99611 Requested Action: Original Preliminary Subdivision Plat – Original Townsite of Kenai Bluff Replat Existing Legal Descriptions: Parcel One (1): Lot 2C, Block 18, and Lot 4B, Block 19, Original Townsite of Kenai Laddville Replat; Parcel Two (2): Lot 1, Block 18, Original Townsite of Kenai; and Parcel Three (3) and Four (4): Lots 1 and 2, Block 19, Original Townsite of Kenai; and the West 35.03 feet more or less of the North 361.51 feet more or less of Government Lot 7, Section 5, Township 5 North, Range 11West Proposed Legal Description: Lots 1A and 2C1 and Tract A, Block 18, Original Townsite of Kenai Bluff Replat Page 15 of 79 Street Address: 805 Cook Avenue; 805 Riverview Drive; 801 Cook Avenue; 801 Riverview Drive; and 515 Broad Street Existing Zoning: Central Commercial (CC) Current Land Use: Single Family Dwellings and Vacant Land Use Plan: Mixed Use ANALYSIS The proposed preliminary plat will reconfigure five parcels into three lots; namely, Lots 1A and 2C1, and Tract A, Block 18, Original Townsite of Kenai Bluff Replat. Lot 1A, Block 18, is approximately 14,516 square feet (.333 acres). Lot 2C1, Block 18, is approximately 52,252 square feet (1.2 acres). Tract A is approximately 117,306 square feet (2.693 acres). The subject parcels are zoned Central Commercial; pursuant to Kenai Municipal Code 14.24.010 – Minimum Lot Area Requirements, the Central Commercial Zoning District has no minimum required parcel size. Therefore, the proposed preliminary plat would meet the minimum lot size requirements of the Central Commercial Zoning District. The dwellings located at 805 Cook Avenue (Lot 2C1, Block 18, of the proposed plat) are connected to City Water and Sewer. The dwelling located at 801 Cook Avenue (Lot 1A, Block 18, of the proposed plat) is serviced by a private well and septic system. Tract A of the proposed plat will become part of the bluff erosion project and will not be serviced by water, sewer or utilities. An installation agreement is not required. The applicant also requests that the existing right-of-way for Riverview Drive be vacated by this plat. This right-of-way has not been developed and does not provide access to the existing parcels. Access to the proposed Lots 1A and 2C1, Block 18, is provided via Cook Avenue, which is, a City maintained gravel road. Access to the proposed Tract A, Block 18, of the proposed plat will be provided by a right-of-way dedication of Parcel Number Four (4) by the City of Kenai. The owners of Parcels Number One (1) and Two (2) have entered into Purchase Agreements with the City of Kenai for the portions of their existing parcels, which will be incorporated into Tract A, Block 18, Original Townsite of Kenai Bluff Replat at the time the plat is recorded. After the recordation of the plat, said Tract, will be held in joint ownership by the Jerry A. Sprague and Patricia Bushman-Sprague 2012 Trust, Julie Latta and the City of Kenai. The Jerry A. Sprague and Patricia Bushman-Sprague 2012 Trust and Julie Latta will convey their interest in Tract A, Block 18, Original Townsite of Kenai Bluff Replat to the City of Kenai, pursuant to the Purchase Agreements between the parties. RECOMMENDATIONS Planning and Zoning Staff hereby recommends approval of the plat of Original Townsite of Kenai Bluff Replat, subject to the following conditions: Page 16 of 79 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 right-of- way for Riverview Drive pursuant to Kenai Municipal Code 22.05.110 and Kenai Peninsula Borough Code 20.70.110. c. The City Manager must sign the proposed plat to accept the dedication of the right of-way created on the parcel of property owned by the City of Kenai. d. The area that the City of Kenai is proposing be dedicated to right-of-way should be delineated or noted on the plat. ATTACHMENTS: 1. Resolution No. PZ2018-02 2. Application 3. Preliminary Plat 4. Map Page 17 of 79 CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ2018-02 SUBDIVISION PLAT A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI RECOMMENDING THAT THE ATTACHED SUBDIVISION PLAT BE APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: WHEREAS, the attached plat of ORIGINAL TOWNSITE OF KENAI BLUFF REPLAT was referred to the City of Kenai Planning and Zoning Commission on January 24, 2018, and received from Segesser Surveys; and, WHEREAS, the City of Kenai Planning and Zoning Commission finds: 1. Plat area is zoned Central Commerical and therefore subject to said zone conditions. 2. Plat does not subdivide property within a public improvement district subject to special assessments. There is not a delinquency amount owed to the City of Kenai for the referenced property. 3. Installation agreement or construction of improvements is not required. 4. Status of surrounding land is shown. 5. Utility easements, if required, shall be shown. 6. Surveyor shall verify that no encroachments exist. If an encroachment exists; the plat does not create nor increase the encroachment. 7. Street names designated on the plat are correct. 8. CONDITIONS: a. Further development of the property shall conform to all Federal, State and local regulations. b. The City Council for the City of Kenai must approve the vacation of the right-of- way for Riverview Drive pursuant to Kenai Municipal Code 22.05.110 and Kenai Peninsula Borough Code 20.70.110. c. The City Manager must sign the proposed plat to accept the dedication of the right of-way created on the parcel of property owned by the City of Kenai. d. The area that the City of Kenai is proposing be dedicated to right-of-way should be delineated or noted on the plat. NOW, THEREFORE, BE IT RESOLVED, THAT THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI RECOMMENDS THE KENAI PENINSULA BOROUGH PLANNING COMMISSION APPROVE ORIGINAL TOWNSTIE OF KENAI BLUFF REPLAT, SUBJECT TO THE CONDITIONS OF APPROVAL SET FORTH ABOVE. Page 18 of 79 PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, this 24th day of January 2018. CHAIRPERSON: ATTEST: Jeff Twait, Chairperson Jamie Heinz, City Clerk Page 19 of 79 Page 20 of 79 Page 21 of 79 Page 22 of 79 STAFF REPORT To: Planning & Zoning Commission Date: January 24, 2018 Resolution No. PZ2017‐40 GENERAL INFORMATION Applicant: Buddy Crowder 410 Magic Avenue Kenai, AK 99611 Property Owner: L&J Outfitters, LLC. P.O. Box 1686 Kenai, AK 99611 Requested Action: Application for a Conditional Use Permit to construct and operate an approximately 1,656-square-foot Marijuana Product Manufacturing Facility located on an approximately 1-acre parcel, which is, zoned Light Industrial (IL). The use would consist of the extraction of Marijuana Concentrate from Marijuana via CO2 extraction technology and ethanol extraction. Legal Description: Lot’s 1-5, Block 4, Radar Subdivision Street Address: 14927 Kenai Spur Highway KPB Parcel No.: 039-010-10 Existing Zoning: IL – Light Industrial Current Land Use: Undeveloped Land Use Plan: General Commercial ANALYSIS General Information: This is an application for the construction and operation of Commercial Marijuana Establishment (CME) consisting of an approximately 1,656-square-foot Marijuana Product Manufacturing Facility. The subject CME would be located on an approximately 1-acre parcel, which is zoned Light Industrial (IL). The subject use would consist of the extraction of Marijuana Concentrate from Marijuana via CO2 extraction technology and ethanol extraction. Page 23 of 79 PZ2017‐40 Staff Report Page 2 The subject parcel is bound by the Kenai Spur Highway to the North and by Ninilchik Drive on its eastern property line. Located north of the subject parcel is the Kenai Peninsula Economic Development District building which contains various other commercial uses. 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 Light Industrial (IL), and is therefore subject to the Principal Permitted and Conditional land-uses as shown on KMC 14.22.010 - Land Use Table. Pursuant to Ordinance, 2870-2016 as approved by the Council of the City of Kenai on January 20, 2016, which became effective on February 19, 2016, a Marijuana Product Manufacturing Facility may be established and operated under a Conditional Use Permit within the Light Industrial Zone. The Light Industrial Zone, as outlined in KMC 14.20.130 is established to provide for the development of industrial and commercial uses which are usually compatible and which are of a type which has no nuisance effects upon surrounding property, or which may be controlled to prevent any nuisance effects upon surrounding property. New residential uses and other uses, except as otherwise provided in this chapter, are not permitted in this zone as principal uses because it is intended that land classified in this zone for industrial and commercial purposes, and because the IL zone is not suited to the excluded uses. Pursuant to the submitted site plan, the applicant proposes to construct the subject CME at a distance of 89 feet from the front property line along Ninilchik Drive and 34 feet from the property line fronting along the Kenai Spur Highway. The IL Zone has a setback requirement of 20 feet from the front property line; therefore, the proposed CME would meeting the setback requirements of the Light Industrial Zone. Given the intent of the Light Industrial Zone, which are compatible with the surrounding land uses a Marijuana Product Manufacturing Facility, would be appropriate within the zone. The subject parcel is known as Lots 1-5, Block 4, Radar Subdivision and is comprised of five (5) separate lots. The subject CME would be constructed on one lot with the septic and water well being constructed on two other additional lots. Pursuant to the 2009 International Building Code, structure cannot cross a property line nor can a water well or a septic system. Thus, a subdivision plat would be required to be recorded prior to the construction of the proposed CME. The applicants submitted a preliminary subdivision plat, which was approved on December 13, 2017. 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.” Page 24 of 79 PZ2017‐40 Staff Report Page 3 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 Ninilchik Drive. Therefore, impacts to the surrounding neighborhood should be minimal, concerning vehicular access. Therefore, given the above discussion within the context of the proposed land-use project, it seems reasonable the proposed Commercial Marijuana Establishment would be consistent with the intent of KMC 14.20.150 and the intent of the Light Industrial Zoning District with respect to the proposed use as a CME, given compliance with staff recommended specific conditions. (2) The value of the adjoining property and neighborhood will not be significantly impaired; The proposed development must comply with the requirements of KMC 14.20.330 – Standards for Commercial Marijuana Establishments. In addition, the proposed development must also comply with Alaska Statue 17.38, an Act to Tax and Regulate the Production, Sale, and Use of marijuana as well as Alaska Administrative Code – Title 3 – Marijuana Control Board – Omnibus licensure requirements and procedures for marijuana establishments. Pursuant to KMC 14.20.010 – Land Use Table, a Marijuana Product Manufacturing Facility may be established in the Light Industrial 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 proposed CME would be located within a fully enclosed secure commercial building. Chapter 14.25 details the requirements of the submission and approval of a Landscape Site Plan. KMC 14.25.020 gives the requirements and in part states that a Landscape Site Plan is required for all commercial development for new construction. Page 25 of 79 PZ2017‐40 Staff Report Page 4 The proposed project requires a building permit and is new construction and therefore requires the submission of a Landscape Site Plan. A Landscape Site Plan will be required to be approved by the Planning Department prior to issuance of the Building Permit. The Landscape Site Plan will need to demonstrate compliance with the off-street parking requirements in KMC 14.20.250(8) for “Manufacturing/Industrial, research and laboratories”, which requires One (1) space for every 500 square feet of gross floor area plus three (3) for patron parking. The subject CME would be approximately 1,656 square feet in size and therefore six (6) off-street parking spaces would 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 General Commercial (GC). The plan defines GC as “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.” Goal 3 – Land Use of the 2030 Imagine Kenai Comprehensive Plan seeks to discuss land use strategies to implement a forward-looking approach to community growth and development. Objective LU-1 states “Establish siting and design standards so that development is in harmony and scale with surrounding uses.” The area is comprised of existing commercial development located along the Kenai Spur Highway, which fosters a mix of compatible commercial and retail uses. The proposed Marijuana Product Manufacturing Facility would not be open to the public. Therefore, as proposed, the developed would be in harmony with the 2030 Imagine Kenai Comprehensive Plan. (4) Public services and facilities are adequate to serve the propose use; The subject parcel would be served by an onsite water well and septic system. The subject water and well and septic system will need to be installed by a certified Department of Environmental Conservation Installer. Prior to operation of the CME, a copy of an approval letter from DEC will be required. City of Kenai police and fire department resources are sufficient to serve the proposed use. Page 26 of 79 PZ2017‐40 Staff Report Page 5 (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 the construction of an approximately 1,656-square-foot Marijuana Product Manufacturing Facility. 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 Marijuana Product Manufacturing Facility 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. Located within the Kenai Peninsula Economic Development District Building which is located north of the subject parcel is the Kenai Peninsula Construction Academy and Kenai Peninsula Driving Instruction Academy. Both of these programs would be considered a Vocational Program or a Post-Secondary School and would therefore be subject to the 500 buffer distance requirements of KMC 14.20.330(f). In reviewing the submitted site plan and in speaking with the Kenai Peninsula Economic Development District (KPEDD), both of these programs take place within the KPEDD building. In measuring the required buffer distance the KPEDD building is located 483 feet from the property line fronting along the Kenai Spur Highway. Furthermore, the submitted site plan shows a setback of 34 feet from this property line, which would make the total distance 517 feet. Therefore, the proposed CME meets the buffer requirements of KMC 14.20.330(f)(1). Page 27 of 79 PZ2017‐40 Staff Report Page 6 Therefore, giving the above discussion and proposed conditions of approval, staff believes that they proposed Commercial Marijuana Establishment, would not have a harmful impact to the public safety, health or welfare. (6) Any and all specific conditions deemed necessary by the commission to fulfill the above-mentioned conditions should be met by the applicant. These may include, but are not limited to measures relative to access, screening, site development, building design, operation of the use and other similar aspects related to the proposed use. 1. Further development of the property shall conform to all Federal, State, and local regulations. 2. A building permit will be required for the construction of the Commercial Marijuana Establishment. 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 final of the Building Permit, the applicant shall submit a letter from the Department of Environmental Conservation, which demonstrates approval of the Septic and Water Well. 5. Prior to issuance of the Building Permit, the applicant shall submit a copy of the recorded final subdivision plat of Radar Subdivision 2017 Replat. 6. Prior to operation of the Marijuana Product Manufacturing Facility, the applicant shall submit a copy of the approved and fully executed license from the Alaska Alcohol & Marijuana Control Board. The applicant shall comply with all regulations as stipulated by the State of Alaska Marijuana Control Board. 7. A Sign Permit will be required for the construction of any proposed signage. 8. 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 79 PZ2017‐40 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. 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 final of the Building Permit, the applicant shall submit a letter from the Department of Environmental Conservation, which demonstrates approval of the Septic and Water Well. 5. Prior to issuance of the Building Permit, the applicant shall submit a copy of the recorded final subdivision plat of Radar Subdivision 2017 Replat. 6. Prior to operation of the Marijuana Product Manufacturing Facility, the applicant shall submit a copy of the approved and fully executed license from the Alaska Alcohol & Marijuana Control Board. The applicant shall comply with all regulations as stipulated by the State of Alaska Marijuana Control Board. 7. A Sign Permit will be required for the construction of any proposed signage. 8. 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 - 40 2. Application 3. Supplemental Application Information 4. Site Plan 5. Map Page 29 of 79 CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ2017-40 CONDITIONAL USE PERMIT A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI GRANTING A REQUEST FOR A CONDITIONAL USE PERMIT TO CONSTRUCT AN APPROXIMATELY 1,656-SQUARE-FOOT MARIJUANA PRODUCT MANUFACTURING FACILITY LOCATED ON AN APPROXIMATELY 1-ACRE PARCEL. APPLICANT: Buddy Crowder PROPERTY OWNER: L&J OUTFITTERS, LLC. PROPERTY ADDRESS: 14927 Kenai Spur Highway, Kenai, AK 99611 LEGAL DESCRIPTION: Lot’s 1-5, Block 4, Radar Subdivision, Section 26, T6N, R11W KENAI PENINSULA BOROUGH PARCEL NO: 039-010-10 WHEREAS, an application meeting the requirements of Section 14.20.150 has been submitted and received on December 6, 2017; and, WHEREAS, the application affects land which is zoned as Light Industrial (IL); 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 January 24, 2018; 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 Light Industrial (IL), and is therefore subject to the Principal Permitted and Conditional land-uses as shown on KMC 14.22.010 - Land Use Table. Pursuant to Ordinance, 2870-2016 as approved by the Council of the City of Kenai on January 20, 2016, which became effective on February 19, 2016, a Marijuana Product 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907-283-7535 / Fax: 907-283-3014 www.kenai.city Page 30 of 79 Resolution No. PZ17-33 Conditional Use Permit Page | 2 Manufacturing Facility may be established and operated under a Conditional Use Permit within the Light Industrial Zone. The Light Industrial Zone, as outlined in KMC 14.20.130 is established to provide for the development of industrial and commercial uses which are usually compatible and which are of a type which has no nuisance effects upon surrounding property, or which may be controlled to prevent any nuisance effects upon surrounding property. New residential uses and other uses, except as otherwise provided in this chapter, are not permitted in this zone as principal uses because it is intended that land classified in this zone for industrial and commercial purposes, and because the IL zone is not suited to the excluded uses. Pursuant to the submitted site plan, the applicant proposes to construct the subject CME at a distance of 89 feet from the front property line along Ninilchik Drive and 34 feet from the property line fronting along the Kenai Spur Highway. The IL Zone has a setback requirement of 20 feet from the front property line; therefore, the proposed CME would meeting the setback requirements of the Light Industrial Zone. Given the intent of the Light Industrial Zone, which are compatible with the surrounding land uses a Marijuana Product Manufacturing Facility, would be appropriate within the zone. The subject parcel is known as Lots 1-5, Block 4, Radar Subdivision and is comprised of five (5) separate lots. The subject CME would be constructed on one lot with the septic and water well being constructed on two other additional lots. Pursuant to the 2009 International Building Code, structure cannot cross a property line nor can a water well or a septic system. Thus, a subdivision plat would be required to be recorded prior to the construction of the proposed CME. The applicants submitted a preliminary subdivision plat, which was approved on December 13, 2017. 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 Ninilchik Drive. Therefore, impacts to the surrounding neighborhood should be minimal, concerning vehicular access. Therefore, given the above discussion within the context of the proposed land-use project, it seems reasonable the proposed Commercial Marijuana Establishment would be consistent with the intent of KMC 14.20.150 and the intent of the Light Industrial Zoning District with respect to the proposed use as a CME, given compliance with staff recommended specific conditions. (2) The value of the adjoining property and neighborhood will not be significantly impaired. The proposed development must 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 – Page 31 of 79 Resolution No. PZ17-33 Conditional Use Permit Page | 3 Marijuana Control Board – Omnibus licensure requirements and procedures for marijuana establishments. Pursuant to KMC 14.20.010 – Land Use Table, a Marijuana Product Manufacturing Facility may be established in the Light Industrial 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 proposed CME would be located within a fully enclosed secure commercial building. Chapter 14.25 details the requirements of the submission and approval of a Landscape Site Plan. KMC 14.25.020 gives the requirements and in part states that a Landscape Site Plan is required for all commercial development for new construction. The proposed project requires a building permit and is new construction and therefore requires the submission of a Landscape Site Plan. A Landscape Site Plan will be required to be approved by the Planning Department prior to issuance of the Building Permit. The Landscape Site Plan will need to demonstrate compliance with the off-street parking requirements in KMC 14.20.250(8) for “Manufacturing/Industrial, research and laboratories”, which requires One (1) space for every 500 square feet of gross floor area plus three (3) for patron parking. The subject CME would be approximately 1,656 square feet in size and therefore six (6) off-street parking spaces would 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. Page 32 of 79 Resolution No. PZ17-33 Conditional Use Permit Page | 4 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 General Commercial (GC). The plan defines GC as “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.” Goal 3 – Land Use of the 2030 Imagine Kenai Comprehensive Plan seeks to discuss land use strategies to implement a forward-looking approach to community growth and development. Objective LU-1 states “Establish siting and design standards so that development is in harmony and scale with surrounding uses.” The area is comprised of existing commercial development located along the Kenai Spur Highway, which fosters a mix of compatible commercial and retail uses. The proposed Marijuana Product Manufacturing Facility would not be open to the public. Therefore, as proposed, the developed would be in harmony with the 2030 Imagine Kenai Comprehensive Plan. (4) Public services and facilities are adequate to serve the proposed use. The subject parcel would be served by an onsite water well and septic system. The subject water and well and septic system will need to be installed by a certified Department of Environmental Conservation Installer. Prior to operation of the CME, a copy of an approval letter from DEC will be required. 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 the construction of an approximately 1,656-square-foot Marijuana Product Manufacturing Facility. 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 Marijuana Product Manufacturing Facility 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: Page 33 of 79 Resolution No. PZ17-33 Conditional Use Permit Page | 5 (1) 1,000 feet of any primary and secondary schools (K-12) and 500 feet of any vocational programs, post-secondary schools including but not limited to trade, technical, or vocational schools, colleges and universities, recreation or youth centers, correctional facilities, churches, and state licensed substance abuse treatment facilities providing substance abuse treatment; and, (2) Buffer distances shall be measured as the closest distance from the perimeter of a stand-alone commercial marijuana establishment structure to the outer boundaries of the school, recreation or youth center, or the main public entrance of a church, correctional facility, or a substance abuse treatment facility providing substance abuse treatment. If the commercial marijuana establishment occupies only a portion of a structure, buffer distances are measured as the closest distance from the perimeter of the closest interior wall segregating the commercial marijuana establishment from other uses, or available uses in the structure, or an exterior wall if closer, to the outer boundaries of the school, recreation or youth center, or the main public entrance of a church or correctional facility, a substance abuse treatment facility providing substance abuse treatment. With regards to buffer distances as discussed in KMC 14.20.330(f)(1), the proposed CME would not be located within 1,000 feet of any primary and secondary school (K-12) or within 500 feet of any vocational program, post-secondary school including but not limited to trade, technical, or vocational schools, college and universities. In addition, it would not be within 500 feet of any, recreation or youth centers, correctional facilities, churches, and state licensed substance abuse treatment facilities providing substance abuse treatment. Located within the Kenai Peninsula Economic Development District Building which is located north of the subject parcel is the Kenai Peninsula Construction Academy and Kenai Peninsula Driving Instruction Academy. Both of these programs would be considered a Vocational Program or a Post-Secondary School and would therefore be subject to the 500 buffer distance requirements of KMC 14.20.330(f). In reviewing the submitted site plan and in speaking with the Kenai Peninsula Economic Development District (KPEDD), both of these programs take place within the KPEDD building. In measuring the required buffer distance the KPEDD building is located 483 feet from the property line fronting along the Kenai Spur Highway. Furthermore, the submitted site plan shows a setback of 34 feet from this property line, which would make the total distance 517 feet. 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. Page 34 of 79 Resolution No. PZ17-33 Conditional Use Permit Page | 6 (3) Prior to issuance of the Building Permit, the applicant shall submit a Landscape Site Plan for review and approval by Planning Administration. The Landscape Site Plan shall demonstrate compliance with Kenai Municipal Code Chapter 14.25 – Landscaping/Site Plan Regulations. (4) Prior to final of the Building Permit, the applicant shall submit a letter from the Department of Environmental Conservation, which demonstrates approval of the Septic and Water Well. (5) Prior to issuance of the Building Permit, the applicant shall submit a copy of the recorded final subdivision plat of Radar Subdivision 2017 Replat. (6) Prior to operation of the Marijuana Product Manufacturing Facility, the applicant shall submit a copy of the approved and fully executed license from the Alaska Alcohol & Marijuana Control Board. The applicant shall comply with all regulations as stipulated by the State of Alaska Marijuana Control Board. (7) A Sign Permit will be required for the construction of any proposed signage. (8) Pursuant to Kenai Municipal Code Section, 14.20.150(f) the applicant shall submit an Annual Report to the City of Kenai. NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA THAT THE APPLICANT HAS DEMONSTRATED THAT THE CONSTRUCTION OF AN APPROXIMATELY 1,656-SQUARE-FOOT MARIJUANA PRODUCT MANUFACTURING FACILITY MEETS THE CONDITIONS REQUIRED FOR SAID OPERATION AND THEREFORE THE COMMISSION DOES AUTHORIZE THE ADMINISTRATIVE OFFICIAL TO ISSUE THE APPROPRIATE PERMIT. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, this 24th day of January, 2018. ___________________________ ATTEST: Jeff Twait, Chairperson _______________________________________ Jamie Heinz, City Clerk Page 35 of 79 Page 36 of 79 Page 37 of 79 Page 38 of 79 Page 39 of 79 Page 40 of 79 Page 41 of 79 Page 42 of 79 Page 43 of 79 Page 44 of 79 Page 45 of 79 Page 46 of 79 Page 47 of 79 Page 48 of 79 Page 49 of 79 Page 50 of 79 Page 51 of 79 Page 52 of 79 Page 53 of 79 Page 54 of 79 Page 55 of 79 Page 56 of 79 1 5 2 8 1 5 2 8 1 4 9 2 7 1 5 3 2 1 5 3 0 1 4 9 2 7 1 5 3 2 1 5 3 0 1 5 0 2 4 1 5 0 2 3 1 5 0 2 4 1 5 0 2 3 1 4 9 4 0 1 4 9 4 0 1 5 3 4 1 5 3 4 1 4 7 6 8 1 4 7 6 7 1 4 8 9 6 1 4 8 6 3 1 4 7 9 9 1 5 2 6 1 5 2 4 1 5 2 2 1 4 8 1 1 1 4 7 8 1 1 4 7 0 4 1 4 8 1 1 1 4 7 8 1 160215281 5 2 4 1 5 2 2 1 4 7 6 8 1 4 7 6 7 160215281 4 8 9 6 1 4 8 6 3 1 4 8 2 1 1 4 7 9 9 1 5 2 6 1 5 4 01610 1 4 8 3 1 K E N A I S P U R H W Y N I N I L C H I K D R WELLS WAYSELDOVIA AVESEWARD AVE . 230 ' Date: 1/19/2018 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 205 feet PZ2017 - 40Crowder / L&J OutfittersMarijuana ProductManufacturing Facility Page 57 of 79 Page 58 of 79 Page 59 of 79 Page 60 of 79 Page 61 of 79 Page 62 of 79 Page 63 of 79 Page 64 of 79 Page 65 of 79 Page 66 of 79 Page 67 of 79 Page 68 of 79 THIS PAGE INTENTIONALLY LEFT BLANK Page 69 of 79 ACTION AGENDA KENAI CITY COUNCIL – REGULAR MEETING JANUARY 17, 2018 – 6:00 P.M. KENAI CITY COUNCIL CHAMBERS 210 FIDALGO AVE., KENAI, AK 99611 http://www.kenai.city A. CALL TO ORDER 1. Pledge of Allegiance 2.Roll Call 3. Agenda Approval 4. Consent Agenda (Public comment limited to three (3) minutes per speaker; thirty (30) minutes aggregated) *All items listed with an asterisk (*) are considered to be routine and non-controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. B. SCHEDULED PUBLIC COMMENTS (Public comment limited to ten (10) minutes per speaker) 1.Mayor John Williams – Board of Director’s Report to Cook Inlet Regional Citizens Advisory Council Stakeholders and Carport for the Renovated Firetruck. 2.Jodi Stuart, Project Homeless Connect – An update on the areas homelessness and near homelessness as well as information on Project Homeless Connect 2018. C. UNSCHEDULED PUBLIC COMMENTS (Public comment limited to three (3) minutes per speaker; thirty (30) minutes aggregated) D. PUBLIC HEARINGS 1.ENACTED UNANIMOUSLY. Ordinance No. 2995-2018 - Accepting and Appropriating a Federal Grant from the Institute of Museum and Library Services (IMLS) Passed Through the Alaska State Library for Employee Travel and Training. 2.ENACTED UNANIMOUSLY. Ordinance No. 2996-2018 – Authorizing a Budget Transfers in the Public Safety Improvements Capital Project Fund and the Animal Control Facility Improvements Capital Project Fund for the Transfer of Remaining Balances from Completed Capital Projects to the City Dock Repair Capital Project Fund and Appropriating such Transfers and Insurance Proceeds Received from the City’s Insurer to Complete Repairs to Damage Sustained from the Magnitude 7.1, January 2016 Southcentral Alaska Earthquake and for the Installation of a New Cathodic Protection System and Other Repairs. Page 70 of 79 3. ENACTED UNANIMOUSLY. Ordinance No. 2997-2018 – Amending Kenai Municipal Code 14.20.330- Standards for Commercial Marijuana Establishments, for Purposes of Consistency with the City’s Land Use Table. 4. ENACTED UNANIMOUSLY AS AMENDED. Ordinance No. 2998-2018 – Repealing, Renaming and Re-Enacting Kenai Municipal Code Chapter 21.10-Leasing Of Airport Reserve Lands to Encourage Growth, Development and a Thriving Aviation Community Through Responsible Land Policies and Practices. 5. ADOPTED UNANIMOUSLY. Resolution No. 2018-02 – Authorizing Redirection of Previously Appropriated Funds from a Completed Road Maintenance Capital Project to a Newly Identified Project. 6. ADOPTED UNANIMOUSLY. Resolution No. 2018-03 – Adopting a Policy to Provide for a Student Representative for the Parks and Recreation Commission. E. MINUTES 1.*Regular Meeting of January 3, 2018 F. UNFINISHED BUSINESS 1. POSTPONED TO 02/07/2018. Ordinance No. 2992-2017 - Waiving the Requirements of KMC 17.20.010 - Mandatory Connections and Abandonment of Old On-Site Sewer Systems, for 2737 Iliamna Road. G. NEW BUSINESS 1. APPROVED BY THE CONSENT AGENDA. *Action/Approval – Bills to be Ratified. 2. REMOVED FROM THE AGENDA. *Action/Approval – Purchase Orders Exceeding $15,000. 3. INTRODUCED BY CONSENT AGENDA/PUBLIC HEARING 02/07/2018 *Ordinance No. 2999-2018 – Increasing / (Decreasing) Estimated Revenues and Appropriations in the Airport Equipment Capital Project Fund and Authorizing Grant Amendments to Adjust Estimated Grant Proceeds as a Result of Proceeds from the Sale of Equipment Previously Purchased with Federal Aviation Administration Grant Funds. 4. INTRODUCED BY CONSENT AGENDA/PUBLIC HEARING 02/07/2018 *Ordinance No. 3000-2018 – Accepting and Appropriating a Federal Grant from the Institute of Museum and Library Services (IMLS) Passed Through the Alaska State Library for Employee Travel and Training. 5. INTRODUCED BY CONSENT AGENDA/PUBLIC HEARING 02/07/2018 *Ordinance No. 3001-2018 – Repealing and Re-Enacting Kenai Municipal Code Section 7.15.090- Sales, Surplus, Competitive Bidding to Provide Administrative Page 71 of 79 Authority for the Disposal of Certain Surplus or Obsolete Supplies, Materials or Equipment. 6. INTRODUCED BY CONSENT AGENDA/PUBLIC HEARING 02/07/2018 *Ordinance No. 3002-2018 – Increasing / (Decreasing) Estimated Revenues and Appropriations in the Personal Use Fishery Fund for the Remaining FY2018 Expenditures which were Presented in the 2017 Kenai River Personal Use Fishery Report. 7. INTRODUCED BY CONSENT AGENDA/PUBLIC HEARING 02/07/2018 *Ordinance No. 3003-2018 – Amending Kenai Municipal Code Section 17.10.010- Mandatory Connection and Abandonment of Old Well, and Section 17.20.010- Mandatory Connections and Abandonment of Old On-Site Sewer Systems, to Change the Mandatory Connection Requirements. 8. INTRODUCED BY CONSENT AGENDA/PUBLIC HEARING 02/07/2018 *Ordinance No. 3004-2018 – Amending Kenai Municipal Code Section 1.15.050- Order of Business, to Amend the Use of the Pending Legislation Agenda Item and Make Other Housekeeping Changes. 9. INTRODUCED BY CONSENT AGENDA/PUBLIC HEARING 02/07/2018 *Ordinance No. 3005-2018 – Amending Kenai Municipal Code Chapter 7.10-Sales Tax, to Exempt Public Water and Sewer Utility Services to Residential Housing from the City’s Levy of Sales Tax. 10. Discussion – Contract Award Procedures for Purchase Orders Exceeding $15,000. 11. Discussion – 2014 / 2016 Integrated Water Quality and Assessment Report – City of Kenai Comments. 12. Discussion – Council Input on a Future Dipnet Vendor Permit. H. COMMISSION/COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Parks and Recreation Commission 5. Planning and Zoning Commission 6. Beautification Committee 7. Mini-Grant Steering Committee I. REPORT OF THE MAYOR J. ADMINISTRATION REPORTS 1. City Manager 2. City Attorney 3. City Clerk Page 72 of 79 K. ADDITIONAL PUBLIC COMMENT 1. Citizens Comments (Public comment limited to five (5) minutes per speaker) 2. Council Comments L. EXECUTIVE SESSION – None. M. PENDING ITEMS 1. Ordinance No. 2993-2017 - Amending Kenai Municipal Code Chapter 14.25- Landscaping/Site Plan Regulations, to Require Landscaping and Site Plans for All Retention Basins, Commercial, Industrial and Multifamily Development and Land Clearing in Certain Zones in the City and Making other Material and Housekeeping Changes. (Postponed to February 7, 2018) N. ADJOURNMENT **************************************************************************************************** INFORMATION ITEMS 1. Purchase Orders between $2,500 and $15,000 for Council Review The agenda and supporting documents are posted on the City’s website at www.kenai.city. Copies of resolutions and ordinances are available at the City Clerk’s Office or outside the Council Chamber prior to the meeting. For additional information, please contact the City Clerk’s Office at 907-283-8231. Page 73 of 79 KENAI PENINSULA BOROUGH PLANNING COMMISSION GEORGE A. NAVARRE ADMINISTRATION BUILDING ASSEMBLY CHAMBERS 144 NORTH BINKLEY STREET SOLDOTNA, ALASKA 99669 January 22, 2018 - 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 *2. Planning Commission Resolutions - None *3. Plats Granted Administrative Approval ..................................................... 2 *4. Plats Granted Final Approval (20.10.040) - None *5. Plat Amendment Request - None *6. Utility Easement Vacation - None *7. Commissioner Excused Absences a. Syverine Abrahamson-Bentz, Anchor Point / Ninilchik b. Harry Lockwood, Ridgeway c. Robert Ruffner, Kasilof / Clam Gulch *8. Minutes a. January 8, 2018 Plat Committee Minutes b. January 8, 2018 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.) 1. CES Fire Station Site Selection – Roy Browning, CES Fire Chief E. UNFINISHED BUSINESS 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 74 of 79 F. PUBLIC HEARINGS 1. Resolution 2018-002; A resolution classifying 66.5 +/- acres ................... 4 of Borough land in the Cooper Landing area as Recreational. 2. Ordinance 2018-06; Adopting amendments to ....................................... 35 “Community Recommendations on a Land Use Plan for Borough lands at Cooper Landing, 1992”, an element of the Comprehensive Plan. 3. Ordinance 2018-___; Authorizing a negotiated lease at ........................ 44 less than fair market value of certain real property containing 66.5 acres more or less to the Cooper Landing Rifle and Sportsman’s Club for the development of shooting facilities. G. ANADROMOUS WATERS HABITAT PROTECTION DISTRICT (21.18) - None 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 5 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 1. Kenai Planning & Zoning Commission Minutes ................................................... 86 - December 13, 2017 NEXT REGULARY SCHEDULED PLANNING COMMISSION MEETING The next regularly scheduled Planning Commission meeting will be held Monday, February 12, 2018 in the Assembly Chambers of the George A Navarre Kenai Peninsula Borough, 144 North Binkley St, Soldotna, Alaska at 7:30 p.m. Paul Whitney PC Member City of Soldotna Term Expires 2020 Max J. Best Planning Director Charlie Pierce Borough Mayor Page 75 of 79 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 February 7, 2018 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 76 of 79 KENAI PENINSULA BOROUGH PLAT COMMITTEE GEORGE A. NAVARRE ADMINISTRATION BUILDING ASSEMBLY CHAMBERS 144 NORTH BINKLEY STREET SOLDOTNA, ALASKA 99669 6:00 p.m. January 22, 2018 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 Ruffner, Kasilof / Clam Gulch 3. Minutes a. January 8, 2018 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. McCorison Subdivision ............................................................................. 2 KPB File 2017-166 [Peninsula Surveying / Tilbury] Location: Brody Rd & Alice Ave, Ninilchik area 2. Forest Acres Subdivision 2017 Addition ................................................. 34 KPB File 2017-161 [Integrity / Harmon] Location: Maple St & Hemlock Ave City of Seward 3. Radar Subdivision 2017 Replat .............................................................. 54 KPB File 2017-178 [Integrity / Coates, DeGray] Location: Kenai Spur Hwy & Ninilchik Dr City of Kenai 4. Crooked Creek Subdivision Marre Replat .............................................. 76 KPB File 2017-173 [McLane / Marre, Heames] Location: Saskatoon Ave & Crooked Creek Rd, Cohoe area 5. Buxton Subdivision Eagle Rock Addition .............................................. 103 KPB File 2017-175 [McLane / Castillo H2H Trust, Worley] Location: Second Ave & Coolidge Ln City of Kenai MEMBERS: Paulette Bokenko- Carluccio PC Member City of Seldovia Term Expires 2018 Cindy Ecklund PC Member City of Seward Term Expires 2020 Robert Ruffner PC Member Kasilof / Clam Gulch Term Expires 2018 Paul Whitney PC Member City of Soldotna Term Expires 2020 ALTERNATES: Robert Ernst PC Member Northwest Borough Term Expires 2020 James Isham PC Member Sterling Term Expires 2018 Page 77 of 79 F. FINAL SUBDIVISION PLAT PUBLIC HEARING G. OTHER / NEW BUSINESS H. MISCELLANEOUS INFORMATION – NO ACTION REQUIRED I. ADJOURNMENT NEXT REGULARLY SCHEDULED MEETING The next regularly scheduled Plat Committee meeting will be held Monday, February 12, 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 78 of 79 THIS PAGE INTENTIONALLY LEFT BLANK Page 79 of 79