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HomeMy WebLinkAbout2018-02-28 Planning & Zoning PacketAGENDA KENAI PLANNING & ZONING COMMISSION REGULAR MEETING FEBRUARY 28, 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 *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: None 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: None 6. PUBLIC HEARINGS: a. Resolution PZ2018-03 - Application for a Conditional Use Permit to operate an approximately 498 square-foot Marijuana Cultivation Facility, Limited, within an existing approximately 1,252 square foot attached garage; located on the property known as 1817 Sunset Blvd., Kenai, AK 99611, and further described as G. L. 5, Section 26, Township 6 North, Range 12 West. Application submitted by: Jennifer Huffman, d/b/a Grateful Buds LLC, 40095 Lamont St., Kenai, Alaska 99611 ................................................................. 1 7. UNFINISHED BUSINESS: None 8. NEW BUSINESS: None 9. PENDING ITEMS: None 10. REPORTS: a. City Council .............................................................................................................. 29 b. Borough Planning ..................................................................................................... 33 c. Administration ____________________________________________________________________________________ AGENDA KENAI PLANNING & ZONING COMMISSION – REGULAR MEETING FEBRUARY 28, 2018 - 7:00 P.M. Page 2 of 2 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: March 14, 2018 14. COMMISSION COMMENTS & QUESTIONS 15. ADJOURNMENT STAFF REPORT To: Planning & Zoning Commission Date: February 28, 2018 Res: PZ2018-03 GENERAL INFORMATION Applicant: Jennifer Huffman d/b/a Grateful Buds LLC 40095 Lamont St. Kenai, AK 99611 Requested Action: Application for a Conditional Use Permit to operate an approximately 498 square-foot Marijuana Cultivation Facility, Limited, within an existing approximately 1,252-square-foot attached garage. Legal Description: Government Lot 5, Section 26, Township 6 North, Range 12 West Street Address: 1817 Sunset Blvd. KPB Parcel No.: 039-010-01 Existing Zoning: RR – Rural Residential Land Use Plan: Low Density Residential Current Land Use: Single Family Residential ANALYSIS General Information: This is an application for the operation a Commercial Marijuana Establishment (CME) consisting of an approximately 498 square-foot Marijuana Cultivation Facility, Limited. The proposed CME would be located within an existing approximately 1,252 square-foot attached garage, located on an approximately 3.47 acre parcel. The subject parcel is bound on the West by Cook Inlet, and on the North and South by single family residences, and on the East by undeveloped property adjacent to the Kenai Spur Highway. The subject parcel is accessed via Sunset Boulevard, which is a dirt road that is maintained by the City of Kenai only in the winter. The subject parcel is served by a private well and septic system which has been approved by the State of Alaska, Department of Environmental Conservation (DEC). 1 The subject parcel is developed with an existing approximately 3,064 square-foot single- family residence, which was constructed in 2001, with an approximately 1,252 square foot attached garage. It is the intent of the applicant to convert approximately 498 square feet within the garage space to a Marijuana Cultivation Facility, Limited. 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 Rural Residential (RR), and is therefore subject to the Principal Permitted and Conditional land-uses as shown on KMC 14.22.010 - Land Use Table. Pursuant to KMC 14.20.330(a) and KMC 14.22.010 – Land Use Table - a Marijuana Cultivation Facility, Limited may be established and operated under a Conditional Use Permit within the Rural Residential Zone. The Rural Residential Zone, as outlined in KMC 14.20.080 is intended to provide for low-density residential development in outlying and rural areas in a form, which creates a stable and attractive residential environment. Pursuant to the submitted floor plan, the Marijuana Cultivation Facility will be divided into two areas. One area will be designated for the cultivation of mature flowering plants and secure storage area. The second area will be for the growth of immature plants. The facility will include secure entry points utilizing commercial grade door locks and deadbolts with internal vestibules and a secure storage room. The secure storage room will be for all marijuana and products. The secured storage room will be reinforced and climate controlled ensuring that all marijuana and product is in a secured, locked access area that will prevent degradation, theft, and loss. The exterior perimeter wall, interior separation walls, and dividing walls to restricted access areas will be enhanced with intrusion resistant paneling to enhance prevention of exterior penetration. The existing garage doors will be locked with commercial locks. A permanent wall will be built on the outside of the building to enclose the garage door opening. Kenai Municipal Code 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 2 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. In reviewing the submitted application and the City’s Geographic Information System, it does not appear that there are any facilities, which would require buffering from the proposed CME. There are currently nine parcels within a 500 foot periphery of the parcel owned by the property owners applying for the Conditional Use Permit for a Marijuana Cultivation Facility, Limited. Of those nine parcels, five of the parcels are vacant and four of the parcels, including the applicant’s parcel, contain single family residences. Two of these parcels are outside of the Kenai city limits and are located within the Kenai Peninsula Borough. Kenai Municipal Code 14.20.330(i) provides that a Marijuana Cultivation Facility, Limited may be located on any size lot in the Rural Residential (RR) zone; therefore, the subject parcel meets the minimum lot size for a Marijuana Cultivation Facility, Limited. Pursuant to the submitted site plan, primary access to the subject Commercial Marijuana Establishment (CME) would be from the existing private driveway off Sunset Boulevard. According to the submitted application, the applicants do not intend to construct any signs or otherwise advertise the subject CME in any way. Therefore, the average person passing by the subject parcel would not be able to identify the CME as being located on the property. Given the above discussion within the context of the proposed land-use project, it seems reasonable that the proposed Commercial Marijuana Establishment would be consistent with the intent of KMC 14.20.150 and the intent of the Rural Residential Zoning District with respect to the proposed use as a CME. (2) The value of the adjoining property and neighborhood will not be significantly impaired; The proposed development must be in compliance with the requirements of KMC 14.20.330 – Standards for Commercial Marijuana Establishments. In addition, the proposed development must also be in compliance with Alaska Statue 17.38, an Act to Tax and Regulate the Production, Sale, and Use of marijuana as well as Alaska Administrative Code – Title 3 – Marijuana Control Board – Omnibus licensure requirements and procedures for marijuana establishments. Pursuant to KMC 14.20.330 – Standards for Commercial Marijuana Establishments, provisions have been put in place to help mitigate impacts to the value of adjoining property and the surrounding neighborhood. As reviewed by staff, the proposed CME would be contained within a fully enclosed secure indoor facility as required by KMC 14.20.330(d), thereby, helping to mitigate the potential impact to surrounding property owners. In addition, pursuant to KMC 14.20.330(e) CME’s may not emit an odor that is detectable by the public from outside the CME. Pursuant to Section 4 of the Operating Plan Supplemental 3 submitted by the applicant to the Alaska Marijuana Control Board, the applicant has indicated that they will implement an Odor Control Plan. The Odor Control Plan will consist of carbon filters and use of negative air pressure. The negative pressure produced by the fans drawing suction on a restricted airspace will prevent any orders from escaping to be detected by the public per AAC 306.43(c)(2). Applicant states that the air filtration system will scrub the entire volume of air in the facility ten (10) times an hour preventing any detectable orders from leaving the premises. Concerning visual impacts and auditory impacts of the proposed CME, pursuant to the submitted application materials, the applicants would have a secure Cultivation Facility. The facility will include secure entry points utilizing commercial grade door locks and deadbolts. The existing garage doors will be locked with commercial locks. A permanent wall will be constructed over the garage door to enclose the openings. There would be no other proposed exterior modifications to the subject garage. Access to the proposed CME would only be allowed by those persons who are 21 years of age or older. 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 Low Density Residential (LDR). The plan defines LDR as “Low Density Residential because of poor site conditions is intended for large-lot single-family 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.” There are currently four single family dwellings located off of Sunset Boulevard, including the parcel where the proposed Marijuana Cultivation Facility, Limited is to be located. There has not been any commercial development in this area; however, there are two parcels which front the Kenai Spur Highway and it is reasonable to believe that there may be commercial development on those parcels in the future. Kenai Municipal Code 14.22.010 – Land Use Table provides that the majority of commercial uses in the Rural Residential Zone (RR) require a Conditional Use Permit. At the time of development of these two parcels for a commercial use, it is likely that property owners would be required to make application for a Conditional Use Permit for a commercial use. 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 stated that they do not plan to enlarge the existing attached garage nor make any additional improvements to the structure other than, installing intrusion resistant paneling, enclosing the garage door openings and installing security doors with commercial grade locks and deadbotls. Pursuant to KMC 14.20.330(d) the growing, preparation and packaging of all marijuana will be conducted in a fully enclosed secure indoor facility. Thus, there will be no anticipated evidence that surrounding neighbors will view the proposed operation of the CME. Therefore, the proposed 4 development 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 property is served by a private onsite water well and septic system. Water used in the proposed CME will be collected and reused; therefore, there would not be any water runoff from the proposed CME. Any wastewater, which is not reused, would be voided into the existing onsite septic system. 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; 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). Given the above discussion and proposed conditions of approval, staff believes that the proposed CME would not have a harmful impact to the public safety, health or welfare, provided that all conditions recommended by staff and the Planning and Zoning Commission are followed. (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 State and local regulations. 2. A building permit will be required for the remodeling of the Commercial Marijuana Establishment as shown on the submitted floor plan. 3. Prior to operation of the Marijuana Cultivation Facility, Limited, the property owner shall submit a copy of an approved Business License issued by the State of Alaska, Department of Commerce, Community and Economic Development. 4. Prior to operation of the Marijuana Cultivation Facility, Limited, the property owner shall submit a copy of the approved and fully executed license for the Marijuana Cultivation Facility, Limited. The applicant shall comply with all regulations as stipulated by the State of Alaska Marijuana Control Board. 5. There are to be no signs placed on the subject parcel or on the subject Commercial Marijuana Establishment, which advertise its use on the property. 6. All security lighting for the Commercial Marijuana shall be downcast and 5 shielded. 7. At no time shall the Commercial Marijuana Establishment be open to the public, nor shall the CME be accessible by the public. 8. Pursuant to Kenai Municipal Code Section 14.20.330(e), the Commercial Marijuana Establishment shall not emit an odor that is detectable by the public from outside the Commercial Marijuana Establishment. 9. Pursuant to Kenai Municipal Code Section 14.20.150(f), the applicant shall submit an Annual Report to the City of Kenai. RECOMMENDATIONS Based on the application and a review of the criteria required to approve the permit, it is the recommendation of staff that the proposed Conditional Use Permit for the establishment and operation of a Commercial Marijuana Establishment consisting of a Marijuana Cultivation Facility, Limited 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 State and local regulations. 2. A building permit will be required for the remodeling of the Commercial Marijuana Establishment as shown on the submitted floor plan. 3. Prior to operation of the Marijuana Cultivation Facility, Limited, the property owner shall submit a copy of an approved Business License issued by the State of Alaska, Department of Commerce, Community and Economic Development. 4. Prior to operation of the Marijuana Cultivation Facility, Limited, the property owner shall submit a copy of the approved and fully executed license for the Marijuana Cultivation Facility, Limited. The applicant shall comply with all regulations as stipulated by the State of Alaska Marijuana Control Board. 5. There are to be no signs placed on the subject parcel or on the subject Commercial Marijuana Establishment, which advertise its use on the property. 6. All security lighting for the Commercial Marijuana shall be downcast and shielded. 7. At no time shall the Commercial Marijuana Establishment be open to the public, nor shall the CME be accessible by the public. 8. Pursuant to Kenai Municipal Code Section 14.20.330(e), the Commercial Marijuana Establishment shall not emit an odor that is detectable by the public from outside the Commercial Marijuana Establishment. 9. Pursuant to Kenai Municipal Code Section 14.20.150(f), the applicant shall submit an Annual Report to the City of Kenai. 6 ATTACHMENTS: 1. Resolution No. PZ2018-03 2. Site Plan 3. Map 4. Application 7 CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ2018-03 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 498 SQUARE-FOOT MARIJUANA CULTIVATION FACILITY, LIMITED, WITHIN AN EXISTING APPROXIMATELY 1,252 SQUARE-FOOT ATTACHED GARAGE. APPLICANT: Jennifer Huffman, d/b/a Grateful Buds LLC PROPERTY ADDRESS: 1817 Sunset Boulevard LEGAL DESCRIPTION: Government Lot 5, Section 26,Township 6 North, Range 12 West KENAI PENINSULA BOROUGH PARCEL NO: 039-010-01 WHEREAS, an application meeting the requirements of Section 14.20.150 has been submitted and received on January 19, 2018; and, WHEREAS, the application affects land which is zoned as Rural Residential (RR); 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 February 28, 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 Rural Residential (RR), and is therefore subject to the Principal Permitted and Conditional land-uses as shown on KMC 14.22.010 - Land Use Table. Pursuant to KMC 14.20.330(a) and KMC 14.22.010 – Land Use Table - a Marijuana Cultivation Facility, Limited may be established and operated under a Conditional Use Permit within the Rural Residential Zone. The Rural Residential Zone, as outlined in KMC 14.20.080 is intended to provide for low-density residential development in outlying and rural 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907-283-7535 / Fax: 907-283-3014 www.kenai.city 8 areas in a form, which creates a stable and attractive residential environment. Pursuant to the submitted floor plan, the Marijuana Cultivation Facility will be divided into two areas. One area will be designated for the cultivation of mature flowering plants and secure storage area. The second area will be for the growth of immature plants. The facility will include secure entry points utilizing commercial grade door locks and deadbolts with internal vestibules and a secure storage room. The secure storage room will be for all marijuana and products. The secured storage room will be reinforced and climate controlled ensuring that all marijuana and product is in a secured, locked access area that will prevent degradation, theft, and loss. The exterior perimeter wall, interior separation walls, and dividing walls to restricted access areas will be enhanced with intrusion resistant paneling to enhance prevention of exterior penetration. The existing garage doors will be locked with commercial locks. A permanent wall will be built on the outside of the building to enclose the garage door opening. Kenai Municipal Code 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. In reviewing the submitted application and the City’s Geographic Information System, it does not appear that there are any facilities, which would require buffering from the proposed CME. There are currently nine parcels within a 500 foot periphery of the parcel owned by the property owners applying for the Conditional Use Permit for a Marijuana Cultivation Facility, Limited. Of those nine parcels, five of the parcels are vacant and four of the parcels, including the applicant’s parcel, contain single family residences. Two of these parcels are outside of the Kenai city limits and are located within the Kenai Peninsula Borough. Kenai Municipal Code 14.20.330(i) provides that a Marijuana Cultivation Facility, Limited may be located on any size lot in the Rural Residential (RR) zone; therefore, the subject parcel meets the minimum lot size for a Marijuana Cultivation Facility, Limited. 9 Pursuant to the submitted site plan, primary access to the subject Commercial Marijuana Establishment (CME) would be from the existing private driveway off Sunset Boulevard. According to the submitted application, the applicants do not intend to construct any signs or otherwise advertise the subject CME in any way. Therefore, the average person passing by the subject parcel would not be able to identify the CME as being located on the property. Given the above discussion within the context of the proposed land-use project, it seems reasonable that the proposed Commercial Marijuana Establishment would be consistent with the intent of KMC 14.20.150 and the intent of the Rural Residential Zoning District with respect to the proposed use as a CME. (2) The value of the adjoining property and neighborhood will not be significantly impaired; The proposed development must be in compliance with the requirements of KMC 14.20.330 – Standards for Commercial Marijuana Establishments. In addition, the proposed development must also be in compliance with Alaska Statue 17.38, an Act to Tax and Regulate the Production, Sale, and Use of marijuana as well as Alaska Administrative Code – Title 3 – Marijuana Control Board – Omnibus licensure requirements and procedures for marijuana establishments. Pursuant to KMC 14.20.330 – Standards for Commercial Marijuana Establishments, provisions have been put in place to help mitigate impacts to the value of adjoining property and the surrounding neighborhood. As reviewed by staff, the proposed CME would be contained within a fully enclosed secure indoor facility as required by KMC 14.20.330(d), thereby, helping to mitigate the potential impact to surrounding property owners. In addition, pursuant to KMC 14.20.330(e) CME’s may not emit an odor that is detectable by the public from outside the CME. Pursuant to Section 4 of the Operating Plan Supplemental submitted by the applicant to the Alaska Marijuana Control Board, the applicant has indicated that they will implement an Odor Control Plan. The Odor Control Plan will consist of carbon filters and use of negative air pressure. The negative pressure produced by the fans drawing suction on a restricted airspace will prevent any orders from escaping to be detected by the public per AAC 306.43(c)(2). Applicant states that the air filtration system will scrub the entire volume of air in the facility ten (10) times an hour preventing any detectable orders from leaving the premises. Concerning visual impacts and auditory impacts of the proposed CME, pursuant to the submitted application materials, the applicants would have a secure Cultivation Facility. The facility will include secure entry points utilizing commercial grade door locks and deadbolts. The existing garage doors will be locked with commercial locks. A permanent wall will be constructed over the garage door to enclose the openings. There would be no other proposed exterior modifications to the subject garage. Access to the proposed CME would only be allowed by those persons who are 21 years of age or older. 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 Low 10 Density Residential (LDR). The plan defines LDR as “Low Density Residential because of poor site conditions is intended for large-lot single-family 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.” There are currently four single family dwellings located off of Sunset Boulevard, including the parcel where the proposed Marijuana Cultivation Facility, Limited is to be located. There has not been any commercial development in this area; however, there are two parcels which front the Kenai Spur Highway and it is reasonable to believe that there may be commercial development on those parcels in the future. Kenai Municipal Code 14.22.010 – Land Use Table provides that the majority of commercial uses in the Rural Residential Zone (RR) require a Conditional Use Permit. At the time of development of these two parcels for a commercial use, it is likely that property owners would be required to make application for a Conditional Use Permit for a commercial use. 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 stated that they do not plan to enlarge the existing attached garage nor make any additional improvements to the structure other than, installing intrusion resistant paneling, enclosing the garage door openings and installing security doors with commercial grade locks and deadbotls. Pursuant to KMC 14.20.330(d) the growing, preparation and packaging of all marijuana will be conducted in a fully enclosed secure indoor facility. Thus, there will be no anticipated evidence that surrounding neighbors will view the proposed operation of the CME. Therefore, the proposed development 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 property is served by a private onsite water well and septic system. Water used in the proposed CME will be collected and reused; therefore, there would not be any water runoff from the proposed CME. Any wastewater, which is not reused, would be voided into the existing onsite septic system. 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; 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). 11 Given the above discussion and proposed conditions of approval, staff believes that the proposed CME would not have a harmful impact to the public safety, health or welfare, provided that all conditions recommended by staff and the Planning and Zoning Commission are followed. WHEREAS, any and all specific conditions deemed necessary by the Planning and Zoning Commission to fulfill the conditions as set forth below shall be met by the applicant. These may include, but are not limited to measures relative to access, screening, site development, building design, operation of the use and other similar aspects related to the proposed use, as follows: 1. Further development of the property shall conform to all 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 and to recognize the construction of the existing detached garage. 3. Prior to operation of the Marijuana Cultivation Facility, Limited an Encroachment Permit for the existing detached garage will need to be reviewed and approved by the Planning Commission. 4. Prior to operation of the Marijuana Cultivation Facility, Limited, the property owner shall submit a copy of the approved and fully executed license for the Retail Marijuana Store and the Marijuana Cultivation Facility, Limited. The applicant shall comply with all regulations as stipulated by the State of Alaska Marijuana Control Board. 5. There are to be no signs placed on the subject parcel or on the subject Commercial Marijuana Establishment, which advertise its use on the property. 6. All security lighting for the Commercial Marijuana shall be downcast and shielded. 7. At not time shall the Commercial Marijuana Establishment be open to the public, nor shall the CME be accessible by the public. 8. Pursuant to Kenai Municipal Code Section 14.20.330(e), the Commercial Marijuana Establishment shall not emit an odor that is detectable by the public from outside the Commercial Marijuana Establishment. 9. 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 PROPOSED OPERATION OF AN APPROXIMATELY 498 SQUARE- FOOT MARIJUANA CULTIVATION FACILITY, LIMITED, WITHIN AN EXISTING APPROXIMATELY 1, 252 SQUARE-FOOT ATTACHED GARAGE MEETS THE CONDITIONS REQUIRED FOR SAID OPERATION AND THEREFORE THE COMMISSION DOES AUTHORIZE THE ADMINISTRATIVE OFFICIAL TO ISSUE THE APPROPRIATE PERMIT. 12 PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, this 28th day of February, 2018. ___________________________ ATTEST: Jeff Twait, Chairperson _______________________________________ Jamie Heinz, Acting City Clerk 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ACTION AGENDA KENAI CITY COUNCIL – REGULAR MEETING FEBRUARY 21, 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. Sean Wedemeyer, Public Works Director, City of Kenai – An Overview of the Wastewater Treatment Plant. 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. 3006-2018 – Increasing Estimated Revenues and Appropriations by $1,441.42 in the General Fund for the Police Department to Purchase Supplies from Asset Forfeiture Funds Received from the State of Alaska. 2. ENACTED UNANIMOUSLY. Ordinance No. 3007-2018 – Appropriating Available Fund Balance to the Multipurpose Facility Capital Project Fund for Facility Improvements Including the Purchase of New Heaters for the Player Benches and Spectator Area. 3. ENACTED UNANIMOUSLY. Ordinance No. 3008-2018 – Accepting and Appropriating $1,600.00 from the Kenai Chamber of Commerce and Visitor Center (the Chamber) for a New Camera in Support of the City and the Chamber’s Joint Eagle Camera Project. 29 4. ADOPTED UNANIMOUSLY. Resolution No. 2018-11 - Authorizing a Budget Transfer within the General Fund – Fire Department for Overtime in Excess of Budgeted Amounts. 5. ADOPTED AS AMENDED. Resolution No. 2018-12 – Approving an Amended Policy to Include Alternatives for the Sale of Ten Specific City-Owned Airport Fund Leased Lands Outside the Airport Reserve with Substantial Constructed Leasehold Improvements. E. MINUTES – None. F. UNFINISHED BUSINESS 1. ENACTED UNANIMOUSLY AS AMENDED. 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. [Clerk’s Note: This Item was Postponed as Amended to this Meeting from the February 7, 2018 Meeting; A Motion to Enact is On the Floor.] 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. APPROVED BY THE CONSENT AGENDA. *Action/Approval – Non-Objection to Liquor License Renewals for: • BPO Elks Lodge #2425 • New Peking Restaurant 4. INTRODUCED BY CONSENT AGENDA/PUBLIC HEARING 03/07/2018 *Ordinance No. 3009-2018 – Increasing Estimated Revenues and Appropriations by $63,850 in the Water and Sewer Capital Project Fund for Projects Identified in the FY2018 Budget. 5. MEETING START TIME CHANGED TO 6:00 P.M. Action/Approval – Revise the Beautification Committee Meeting Start Time, Pursuant to Policy, from 7:00 p.m. to 6:00 p.m. 6. FREDDIE PEREZ CONFIRMED TO PARKS & RECREATION COMMISSION. Action/Approval – Mayoral Nomination of Freddie Perez for Appointment to the Parks and Recreation Commission. 30 7. CITY MANAGER AUTHORIZED TO SEND LETTER. Action/Approval – City of Kenai Letter to Alaska Department of Environmental Conservation in Response to Kenai River Special Management Area Advisory Board Comments. H. COMMISSION/COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Parks and Recreation Commission 5. Planning and Zoning Commission 6. Beautification Committee 7. Mini-Grant Steering Committee I. REPORT OF THE MAYOR J. ADMINISTRATION REPORTS 1. City Manager 2. City Attorney 3. City Clerk K. ADDITIONAL PUBLIC COMMENT 1. Citizens Comments (Public comment limited to five (5) minutes per speaker) 2. Council Comments L. EXECUTIVE SESSION – None. M. PENDING ITEMS – None. N. ADJOURNMENT **************************************************************************************************** INFORMATION ITEMS 1. Purchase Orders between $2,500 and $15,000 for Council Review 2. Cross Inlet Pipeline Extension Project Decision Information 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. 31 THIS PAGE INTENTIONALLY LEFT BLANK 32 33 34 35 THIS PAGE INTENTIONALLY LEFT BLANK 36 37 38 ADD: 6a COMM ISSION CHAIR REPORT FEBRUARY 28, 2018 REGULAR COMMISSION MEETING SUPPORTING MATERIALS APPED TO PACKET Site Plan -Changing square footage of Marijuana Cu lt ivation Faci lity for 498 square feet to 500 square feet REQUESTED BY: J . Huffman i I . -- ! .- -. t • I -·~ -___ ... _ _... . I . . -1ri -, ~ n 01 ~ ·~~ IJ!OJ ' :n ===~:-11~;;;1~ro-.~~::r-t--r-t-r-t-t-t-t-+-r~~~-t--t--t--t--+ ... -+-t--t--+-+-+--+--+-'--l-4--f...,+-~.=l-~-C~~ ~ iq ::tt =' ";;;I".! I .. ,, c ~l'r ~ I~ n U\ ~ ..,., -. ~-U\ ,,, -IE ... ,, d . '• 0 -... . CJ v _! .11 ' ,., lo. I i ,,. "'I -,.,. ri I I ' ..- - ·. v v .. I . ' L1 \ lllfo!"" ............... ..__ I - .. - . .... ... I'" r> " --. ' 1. IL