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HomeMy WebLinkAbout2018-02-28 Planning & Zoning Minutes1. CALL TO ORDER KENAI PLANNING & ZONING COMMISSION REGULAR MEETING FEBRUARY 28, 2018 -7:00 P.M . KENAI CITY COUNCIL CHAMBERS 210 FIDALGO AVENUE, KENAI, ALASKA h ttp ://www .kenai .c ity MINUTES Commission Chair Twait called the meeting to order at 7:00 p.m . a. Pledge of Allegiance Commission Chair Twait led those assembled in the Pledge of the Allegiance . b. Roll Call Commissioners present: Chair J. Twait, Vice-Chair R. Springer, J . Halstead, K. Peterson , D . Fikes , V. Askin Commissioners absent: G. Greenberg Staff/Council Lia ison present: City Manager P. Ostrander, Deputy Clerk J . Kennedy, Planning Assistant W . Anderson, Council Liaison H. Knackstedt A quorum was present. c. Agenda Approval MOTION: Comm issioner Peterson MOVED to approve the agenda and Comm issioner Halstead SECONDED the motion . There were no objections; SO ORDERED. d. Consent Agenda MOTION: Commissioner Askin MOVED to approve t he consent agenda and Commissioner Halstead SECONDED the motion. There were no objections; SO ORDERED . *All items listed with an asterisk(*) are cons idered to be routine and non-controversial by the Commiss ion and will be approved by one motion . There will be no separate discussion of these items unless a Commission Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. e. *Excused absences -Gary Greenberg 2. *APPROVAL OF MINUTES : None. 3 . SCHEDULED PUBLIC COMMENT: (10 minutes) None scheduled. 4. UNSCHEDULED PUBLIC COMMENT: (3 minutes) None. 5. CONSIDERAT ION 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 City Manager Ostrander reviewed the staff report, which was provided in the packet, not ing 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. Based on the application and review by staff of the criteria required , approval was recommended with the following conditions : • Further development of the property shall conform to all State and local regulations ; • A building permit will be required for the remodeling of the Commercial Marijuana Establishment as shown on the submitted floor plan; • Prior to operation of the Marijuana Cultivation Facility, Limited, the property owner shall submit a copy of an approved Business License issued by the Sta te of Alaska , Department of Commerce, Community and Economic Development; • 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; • 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; • All security lighting for the Commercial Marijuana shall be downcast and shie lded; • At no time shall the Commercial Marijuana Establishment (CME ) be open to the publ ic, nor shall the CME be accessible by the public; • 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; and • Pursuant to Kenai Municipal Code Section 14.20.150(f), the appl icant shall submit an Annual Report to the City of Kenai. Chairman Twait opened the floor for public testimony. Nathan Brass, resident since 2004, next door neighbor to the proposed establishment, expressed opposition . He noted that he did not see anything posted about this until seeing the new sign posted . He noted there were already several marijuana establishments , retail or cultivation Pl anning and Zoning Commiss ion Meeting Februa ry 28, 2018 Page 2 of 5 facilities being set up in the community. He explained that right next to the dwelling , he owns the two lots . He noted that across the highway a marijuana edibles facility would also be developed . It was noted that the proposed property was purchased in October, ye t the LLC license was established in July. Brass exp lained that they had a house fire last year and if they had known since the purchase of that property it was intended to be a marijuana cultivation facility , he would not have re-built his home and instead built on their property in Kasi lof. Brass expressed concern that this would lower their house value as they intended to put it on the market next year. It was further expressed that too many marijuana establishments are being developed in residential areas . With there being no one else wishing to be heard , public comment was c losed . It was noted that the Commission was bound by C ity Ordinance and if all requirements were met, it was their obligation to support it. There was question as to the number of facilities being created and the demand to support them . It was expressed that although some commissioner's personal opinions were indifferent, they were bound by City code . It was noted that it was of interest to bring before City Council a discussion regarding limiting the number of types of facilities in residential areas, at some point in near future . Ostrander c larified that there was no limit in code of how many establishments could be in an area, just the requirements on the buffer distances as outlined in Kenai Municipal Code Section 14.20 .330 . MOTION: Commissioner Peterson MOVED to approve Resolution No. PZ2018-03 w ith staff recommendations and Commissioner Askin SECONDED the motion. MOTION TO AMEND: Commissioner Peterson MOVED to amend Resolution No. PZ2018-03 with changing the si ze of the facil ity to 500 ft. in all instances it appeared as presented ; and Comm iss ione r Halstead SECONDED the motion . VOTE ON AMENDMENT: YEA: Twait , Springer, Halstead, Peterson , Fikes, Askin NAY: MOTION PASSED UNANIMOUSLY. VOTE: YEA: Springer, Halstead, Peterson, Fikes, Askin , Twait NAY: Chairman Twait noted there was a 15-day appeal period . Pl a nnin g and Zoning Commiss io n Meet ing Febru ary 28, 201 8 Page 3 of 5 7. UNFINISHED BUSINESS: None . 8. NEW BUSINESS: None 9. PENDING ITEMS: None 10. REPORTS: a. City Council -Council Member Knackstedt reviewed the action agenda from the February 21 City Council meeting; it was clarified that the Overview of the Wastewater Treatment Plant by Sean Wedemeyer was removed from the Council agenda for a later presentation date. b. Borough Planning -Commissioner Fikes reviewed the agenda from the February 26 meeting as provided in the packet; noting there was a Homer elementary school site recommendation on the agenda as the current location was a residential home that was built on no foundation so the flooring was unstable and a new location was a priority. She reported that several community members, School Board members and staff were in attendance to that meeting. Commissioner Fikes stated the Borough sided with what was presented by staff, although further from town, it scored higher on the rating scale , most specifically, cost. They hoped to break ground in December 2018 . Commissioner Peterson inquired about the controversial gravel pit in Nikiski. Commissioner Fikes stated that it had not come back before the Commission yet. It was clarified that it was proposed to be located across the Nikiski Recreation Center/Pool area . Adding that Alaska Department of Transportation was concerned about the ability to get doubles and single-hull trucks down that road and the unlikelihood of that area being able to accommodate it. c. Administration -City Manager Ostrander reported on the following: • The previous Spur Motel , located on Evergreen Street had new owners and would be submitting a building permit soon with plans to completely renovate the building; • Met with Alaska Gas Line Development Corporation regarding the Kenai Spur Highway relocation and possible waterline extension to the Liquid Natural Gas facility; • The airport terminal renovations bid for renovating interior and exterior was expected in near future ; • Bluff Erosion -there was movement on funding, progress made , and should see results soon; • Consultant with Borough Comprehensive Plan wanted to have a wo rk session with the Planning and Zoning Commission. 11. ADDITIONAL PUBLIC COMMENT -None . 12. INFORMATIONAL ITEMS-None . 13. NEXT MEETING ATTENDANCE NOTIFICATION: March 14, 2018 14. COMMISSION COMMENTS & QUESTIONS Commissioner Peterson thanked City Manager Ostrander for providing the City Planning report , Planning and Zoning Commission Meeting February 28 , 2018 Page 4 of 5 Councilor Knackstedt for his report and the audience for their attendance. It was clarified that the City Planner position recruitment would close this Friday; staff would then review applications, set up interviews and hopefully have a decision soon . 15. ADJOURNMENT There being no further business before the Commission, the meeting was adjourned at 7:39 p.m . Minutes prepared and submitted by: Planning and Zoning Commission Meeting February 28, 2018 Pag e 5 of 5