HomeMy WebLinkAbout2018-03-14 Planning & Zoning MinutesKENAI PLANNING & ZONING COMMISSION
REGULAR MEETING
1. CALL TO ORDER
MARCH 14, 2018 • 7:00 P.M.
KENAI CITY COUNCIL CHAMBERS
210 FIDALGO AVENUE, KENAI, ALASKA
http ://www .kena i.city
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 , V. Askin, D. Fikes, G . Greenberg
Commissioners absent: None .
Staff/Council Liaison present: City Manager P. Ostrander, City Clerk J. Heinz, Planning
Assistant W . Anderson, Council Liaison H. Knackstedt
A quorum was present.
c. Agenda Approval
MOTION:
Commissioner Peterson MOVED to approve the agenda and Commissioner Halstead
SECONDED the motion. There were no objections; SO ORDERED.
d. Consent Agenda
MOTION:
Commissioner Peterson MOVED to approve the consent agenda and Commissioner Halstead
SECONDED the motion. There were no objections; SO ORDERED.
*All items listed with an asterisk (*) are considered to be routine and non-controversial by the
Commission and will be approved by one motion. There will be no separate discussion of
these items unless a Commission Member so requests, in which case the item will be
removed from the Consent Agenda and considered in its normal sequence on the agenda
as part of the General Orders.
e. *Excused absences -None .
2. *APPROVAL OF MINUTES : February 14, 2018 and February 28, 2018 .
The minutes were approved by the Consent Agenda .
3. SCHEDULED PUBLIC COMMENT: (10 minutes) None scheduled .
4. UNSCHEDULED PUBLIC COMMENT: (3 minutes) None.
5. CONSIDERATION OF PLATS: None.
6. PUBLIC HEARINGS:
a. Resolution PZ2018-05 -Application for a Conditional Use Permit to operate an
approximately 984 square-foot Marijuana Cultivat ion Facility, Standard, within an
existing approximately 1,216 square foot detached garage; located on the property
known as 505 Ames Rd., Kenai, AK 99611 , and further described as a portion of the
NW1/4SW1/4, Section1 , Township 5 North, Range 11 West. Application submitted by:
Janna Karvonen , d/b/a Lone Fox Farms LLC, P .O. Box 393, Sterling , AK 99672.
[Clerk's Note: Commissioner Fikes joined the meeting at 7:06 p .m.]
City Manager Ostrander reviewed the staff report, which was provided in the packet, noting the
marijuana cultivation facility would occupy an existing detached garage, reviewed the findings
relevant to the criteria for issuance pointing out that the Conditional Use Permit could be approved
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, Standard, 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;
• Prior to operation of the Marijuana Cultivation Facility, Standard, the property owner
shall submit a copy of the approved and fully executed license or the Marijuana
Cultivation Facility, Standard. The applicant shall comply with all regulations as
stipulated by the State of Alaska Marijuana Control Board ;
• Other than a 1.5 foot x 2 foot sign near the main entrance of the building that will
contain the name if the business , no signs will be placed on the subject parcel or on
the subject Commercial Marijuana Establishment, which will advertise its use on the
property;
• All security lighting for the Commercial Marijuana Establishment shall be downcast
and shielded ;
• 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;
• The Commercial Marijuana Establishment may not increase in square footage
without a new or amended Conditional Use Permit;
• Pursuant to Kenai Municipal Code Section 14.20 .150(f), the applicant shall submit
an Annual Report to the City of Kenai.
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March 14, 2018
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MOTION:
Commissioner Peterson MOVED to approve Resolution No. PZ2018-05 with staff
recommendations and Commissioner Halstead SECONDED the motion.
Chairman Twait opened the floor for public testimony.
Tim Flick spoke in opposition suggesting it would impair property values; expressed concern with
the unknown outlet of the floor drain; also expressed concern that it was a Landlord/Tenant
situation .
Casey Bierner inquired about a petition of neighbors stopping the Commercial Marijuana
Establishment from operating.
Phil Daniel spoke in opposition noting he had small children and was concerned with the proximity
of the establishment to the property line; asked if a condition could be added for a privacy fence
to keep children from accessing property.
Tim Flick pointed out that Alaska Department of Transportation was doing construction on Beaver
Loop Road and was doing a lot of clearing; expressed concern that the establishment would be
seen from the road.
There being no one else wishing to be heard, public comment was closed .
MOTION:
Commissioner Halstead MOVED to amend by requiring a six-foot slatted screening fence on the
back and side lot area as appropriately deemed by land management and Commissioner Askin
SECONDED the motion.
It was noted the fence was to provide for screening for children in the neighborhood .
Removal of naturally screening trees to construct a fence and setting precedence for requiring a
fence were discussed.
The motion was withdrawn with approval of the second .
The unknown outlet of the floor drain and the location of restroom facilities for employees were
discussed.
Commissioner Springer noted he disagreed with Administration with regard to values of adjoining
properties stating that, in his opinion as a Real Estate Broker, the values would be impaired as
potential buyers are made aware of marijuana facilities in disclosure statements and if there was
one aspect of a neighborhood a buyer didn't like, they wouldn 't purchase the property. He pointed
out that during work sessions where the Commission was creating guidelines , they recommended
marijuana establishments not be allowed in residential areas and that had been changed to
permitted by Conditional Use Permit; suggested readdressing the issue.
Commissioner Greenberg noted the standard cultivation license provided for unlimited square
footage and didn 't think a standard license was appropriate for a garage in a residential area; was
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March 14, 2018
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more appropriate as an industrial use.
It was clarified that the license was held by the tenant and without a marijuana establishment
license, the facility could not be operated by anyone else. It was further clarified that the
Conditional Use Permit was associated with the property and was transferrable so, if another
licensee came in, the Conditional Use Permit could be transferred .
Commissioner Fikes expressed concerns with the tenant/landlord situation, with the unknown
drain outlet and the potential use of pesticides, and the industrial type use with no means of
screening or buffering.
Commission Chair Twait pointed out that use of pesticides was not in the scope of the
Commission's concern.
It was pointed out that if Commissioners intended to deny the Permit, the decision needed to be
based on something in the code and drainage out of a floor drain was not a criteria in code .
VOTE:
YEA: Peterson, Twait, Greenberg
NAY: Fikes , Springer, Halstead , Askin
MOTION FAILED.
Chairman Twait noted there was a 15-day appeal period .
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 March 7
City Council meeting and added the City was recruiting for Public Works Director and
reviewing the candidates for the City Planner. He also pointed out that that denying a
Conditional Use Permit required the decision to be based on findings and code ; suggested
the Commission have discussions and request Administration 's help drafting defendable
code changes and forward to Council to adopt.
b. Borough Planning -Commissioner Fikes noted that on March 12 the Commission
approved two Conditional Use Permits in the water habitat district to improve a walkway
and place structures; postponed a third Conditional Use Permit for the purpose of
requesting more information; approved a Conditional Use Permit for material extraction in
the Happy Valley area .
c. Administration -City Manager Ostrander reported on the following:
• Alaska Department of Corrections work camp at PacStar for inmates may require a
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March 14, 2018
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change of use ; not pursuing program immediately;
• Alaska Gas line Development Corporation looking at feasibility of extending the City's
water lines six miles north ; found it to be feasible with added wells; will insure no
negative impacts to residents if the decision is made to move forward ;
• The Alaska Board of Fisheries agreed to hold their 2020 meeting in the Kena i/Soldotna
area; thanked Mayor Gabriel for participating in person ;
• The new owner of the theater and fun center was getting started on improvements to
screen rooms and the fun center;
• The Bluff Erosion project was moving forward again; April 30 deadline will be missed
but not delayed by much.
11. ADDITIONAL PUBLIC COMMENT
Jim Glendening pointed out that when there were issues with gravel pits, he brought forth an
ordinance to change the code and suggested the same in the case of marijuana ; also suggested
an at ease to deliberate or postponement if more information was needed.
Phil Daniel asked about mailed notices; it was clarified that one was mailed to him but his address
had not been updated with the Borough . He urged the Commission to consider looking at
residential zoned areas and only permitting the smaller, limited cu ltivation .
12. INFORMATIONAL ITEMS-None .
13. NEXT MEETING ATTENDANCE NOTIFICATION: March 28, 2018
14. COMMISSION COMMENTS & QUESTIONS
Commissioner Askin suggested scheduling a work session to discuss code amendments relevant
to marijuana establishments .
Commissioners Halstead and G reenberg echoed Commissioner Ask in 's concerns.
Commissioner Springer thanked the Commission for listening to his opposition . Suggested
revisiting the code; a lot of commercial vacancies that could easily house the facilities rather than
their being in res idential neighborhoods where he believed it would affect rea l estate values .
Commissioner Fikes clarified she felt the establishment would negatively impact property values
with the size being impactful.
Commissioner Twait asked Administration to have a work session to discuss marijuana
establishments at 6pm on March 281h .
15. ADJOURNMENT
There being no f urther business before the Commission , the meeting was adjourned at 8: 15 p .m.
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