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Home My WebLink About2018-05-09 Planning & Zoning PacketAGENDA KENAI PLANNING & ZONING COMMISSION – REGULAR MEETING MAY 9, 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 a. April 25, 2018 .............................................................................................................. 1 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 PZ2018-11 – Original Preliminary Plat of Windhaven Estates Phase 3, submitted by Integrity Surveys, 820 Set Net Dr., Kenai, AK 99611, on behalf of Hall Building LLC, P.O. Box 2829, Kenai, Alaska 99611 .................................................... 7 6. PUBLIC HEARINGS a. Resolution PZ2018-13 – A Resolution of the Planning and Zoning Commission recommending the Council of the City of Kenai, Alaska amend Kenai Municipal Code Sections 14.20.330 – Standards for Commercial Marijuana Establishments and 14.20.010 – Land Use Table to prohibit Standard Marijuana Cultivation Facilities in Residential Zones .................................................................................................... 14 7. UNFINISHED BUSINESS - None 8. NEW BUSINESS a. Discussion and Recommendation – Airport Reserve Land Lease Application for property located at 413 N. Willow Street and 421 N. Willow Street, Kenai, Alaska 99611; further described as Lots 5 and 6, Block 1, FBO Subdivision, submitted by Hilcorp Alaska, LLC, 3800 Centerpoint Drive, Suite 1400, Anchorage, Alaska 99503 ........... 23 ____________________________________________________________________________________ AGENDA KENAI PLANNING & ZONING COMMISSION – REGULAR MEETING MAY 9, 2018 - 7:00 P.M. Page 2 of 2 b. Resolution PZ2018-10 - Application for Transfer of Conditional Use Permit PZ97-38 (PZ88-16), (amended by PZ16-44) from Beaver Loop Pit, LLC, Transferor, to Peninsula Community Ventures LLC, Transferee, located at 805 Gravel Street and 751 Gravel Street, Kenai, Alaska, 99611; further described as Tract A-1A Hollier Subdivision No. 4 and Tract B, Hollier Subdivision No. 2 ...................................................................... 36 9. PENDING ITEMS - None 10. REPORTS a. City Council ………………………………………………………………………………….49 b. Borough Planning (next meeting scheduled for May 14, 2018) 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 - May 23, 2018 14. COMMISSION COMMENTS AND QUESTIONS 15. ADJOURNMENT KENAI PLANNING & ZONING COMMISSION REGULAR MEETING APRIL 25, 2018 - 7:00 P.M. KENAI CITY COUNCIL CHAMBERS 210 FIDALGO AVENUE, KENAI, ALASKA http://www.kenai.city MINUTES 1. CALL TO ORDER Commission Chair Twait called the meeting to order at 7:00 p.m. a. Pledge of Allegiance Commission Chair Twait led those assembled in the Pledge of the Allegiance. b. Roll Call Commissioners present: Chair J. Twait, Vice-Chair R. Springer, J. Halstead, K. Peterson, V. Askin, D. Fikes Commissioners absent: G. Greenberg Staff/Council Liaison present: City Manager P. Ostrander, City Planner E. Appleby, Deputy City Clerk J. Kennedy, Planning Assistant W. Anderson, Council Liaison J. Glendening A quorum was present. c. Agenda Approval MOTION: Commissioner Halstead MOVED to approve the agenda and Commissioner Peterson SECONDED the motion. There were no objections; SO ORDERED. d. Consent Agenda MOTION: Commissioner Halstead MOVED to approve the consent agenda and Commissioner Peterson 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 – G. Greenberg 1 2. *APPROVAL OF MINUTES: April 11, 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: a. Resolution PZ2018-07 Original Preliminary Plat of Beluga Subdivision 2015 Replat Right-of-Way Vacation, submitted by Integrity Surveys, 820 Set Net Dr., Kenai, AK 99611, on behalf of Kenai New Life Assembly of God, 209 Princess Lane, Kenai, AK 99611 COMMISSIONER FIKES ARRIVED AT 7:03 PM City Manager Ostrander reviewed the staff report, as provided in the packet, noting that the purpose of this plat is to vacate the Right-of-Way of Beluga Drive West; vacate a fifteen foot (15’) utility easement; and dedicate a thirty foot (30’) utility easement which encompasses the existing underground water line. He further noted that the property owner would also like to vacate the fifteen foot (15’) utility easement along the southern boundary of Tract 5, Beluga Subdivision 2015 Replat & Right-of-Way vacation. Ostrander added that the City of Kenai does not object to the vacation of the utility easement because the property owner was dedicating a thirty foot (30’) utility easement which will be centered on the existing underground water line, allowing the City access to it. Planning and Zoning Staff recommended approval of the preliminary plat of Beluga Subdivision 2015 Replat Right-of-Way Vacation, subject to the following conditions: • Further development of the property shall conform to all Federal, State and local Regulations; • The City Council for the City of Kenai must approve the vacation of the sixty foot (60’) Right-of-Way for Beluga Drive West, pursuant to Kenai Municipal Code 22.05.110; and • The City Council for the City of Kenai must approve the vacation of the fifteen foot (15’) utility easement as shown on the proposed plat, pursuant to Kenai Municipal Code 22.05.110. MOTION: Commissioner Askin MOVED to approve Resolution No. PZ2018-07 with staff recommendations and Commissioner Springer SECONDED the motion. Chairman Twait opened the floor for public testimony; there being no one wishing to be heard, public comment was closed. VOTE: YEA: Twait, Springer, Halstead, Peterson, Askin, Fikes NAY: 2 MOTION PASSED. 6. PUBLIC HEARINGS: a. Resolution PZ2018-08 – Application for a Conditional Use Permit to Construct a Residential Six-Family Dwelling Unit for Seniors Age 55 and Older, located at 2392 Redoubt Avenue, Kenai, Alaska, 99611, and further described as Lot 1, Kenai Meadows. The application was submitted by Kenai Peninsula Housing Initiatives, P.O. Box 1869, Homer, Alaska 99603 City Manager Ostrander reviewed the staff report, as provided in the packet, noting that the City of Kenai conveyed Lot 2, Kenai Meadows, to Kenai Peninsula Housing Initiatives Inc. in May 2017 and Lot 1, Kenai Meadows, to Kenai Peninsula Housing Initiatives Inc. in March 2018. He further noted the Quitclaim Deeds conveying Lots 1 and 2, Kenai Meadows, from the City of Kenai to Kenai Peninsula Housing Initiatives Inc. contained the following restriction: Per City of Kenai Ordinance 2899-2016, in the event of a land sale, to a for Profit entity, the value of the property shall be reimbursed to the City, if the Sale occurs within twenty (20) years after transfer to Kenai Peninsula Housing Initiatives, Inc. This application was specifically for Lot 1. Based on the application and a review of the criteria required to approve the permit, the application met the intent of the zone and complied with the Comprehensive Plan. Staff recommended approval with the following conditions: • Further development of the property shall conform to all Federal, State, and local regulations; • Prior to issuance of a Building Permit, a Landscape/Site plan must be reviewed and approved by the City Planner; • Prior to beginning construction of the project, a building permit must be issued by the Building Official for the City of Kenai; • A biennial fire inspection must be completed by the Fire Marshall for the City of Kenai; and • A yearly Conditional Use Permit report must be submitted to the City of Kenai prior to the 31st day of December of each year. MOTION: Commissioner Springer MOVED to approve Resolution No. PZ2018-08 with staff recommendations and Commissioner Askin SECONDED the motion. Chairman Twait opened the floor for public testimony; there being no one wishing to be heard, public comment was closed. Commissioner Peterson noted he would be voting in support but wondered about the existing structure and if it would be sharing the paved common parking area. Representative of the Petitioner, Connie Van clarified that this residential unit would have its own entrance and parking area, it would not be shared with the common parking lot. 3 VOTE: YEA: Twait, Springer, Halstead, Peterson, Askin, Fikes NAY: MOTION PASSED. 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 Glendening reviewed the action agenda from the April 18 City Council Meeting; noted that he was invited to sit in on the Mineral Extraction Committee and nominated by the Borough Mayor to be part of the committee for the Gas Project on North Road in the interest of the City of Kenai; and he offered to sponsor an Ordinance for the Commission regarding limiting cultivation facilities in the City of Kenai. b. Borough Planning – Commissioner Fikes noted that the Borough Planning Committee met on April 24 and conditionally approved five plats, and recommended approval on an Ordinance regarding the foreclosed properties on a Cooper Landing homestead, to be sold back to the family by the Borough. c. Administration – City Manager Ostrander reported on the following: • On April 5 there was a City Managers meeting at Kenai Peninsula Economic Development District; • On May 7 there will be a joint work session with the Borough Assembly to discuss the fiscal gap and how it could affect the local cities; • The Harbor Commission meeting on April 9 recommended that No Wake signs be at the mouth of the Kenai River and it was on the City Council agenda for review next week; • Received full funding for the Bluff Erosion feasibility study and the City of Kenai will be requesting an extension from the current deadline of May 15; and • The new City Planner, Elizabeth Appleby will be taking over at the Commission meetings beginning next month. 11. ADDITIONAL PUBLIC COMMENT – None. 12. INFORMATIONAL ITEMS a. Planning & Zoning Resolutions – First Quarter 2018 b. Code Enforcement – First Quarter 2018 c. Building Permits – First Quarter 2018 d. Revised Plat of Aleyeska Subdivision 2017 Replat 4 City Manager Ostrander noted Item 12(d) was on the agenda because of a change with the utilities easement from what was previously presented, the phone line would be re-routed. 13. NEXT MEETING ATTENDANCE NOTIFICATION: May 9, 2018 14. COMMISSION COMMENTS & QUESTIONS Commissioner Peterson thanked Ostrander for filling in as City Planner during the interim period and transition; and thanked Glendening for his report. 15. ADJOURNMENT There being no further business before the Commission, the meeting was adjourned at 7:26 p.m. Minutes prepared and submitted by: _____________________________ Jacquelyn Kennedy Deputy City Clerk 5 THIS PAGE INTENTIONALLY LEFT BLANK 6 STAFF REPORT To: Planning & Zoning Commission Date: May 9, 2018 Res: PZ2018-11 GENERAL INFORMATION Applicant: Hall Building LLC P.O. Box 2829 Kenai, Alaska 99611 Submitted By: Integrity Surveys 820 Set Net Drive Kenai, Alaska 99611 Requested Action: Preliminary Subdivision Plat – Windhaven Estates Phase 3 Existing Legal Description: Tract 1-A, Parsons Homestead No. 3 Proposed Legal Description: Lots 1 through 3, inclusive, Block 3, and Tract A, Windhaven Estates Phase 3 Street Address: 1712 Redoubt Ave. KPB Parcel No: 04101444 Existing Zoning: Suburban Residential Current Land Use: Vacant Land Use Plan: Suburban Residential ANALYSIS Windhaven Estates Phase 1 was developed in the summer of 1998 and consisted of 33 lots varying in size from approximately 15,281 square feet to approximately 18,005 square feet. The plat was recorded on June 22, 1998, under Plat No. 98-26. An Installation Agreement was executed by the City of Kenai and Clint D. Hall, Developer, for Phase 1. Windhaven Estates Phase 2 was developed in the summer of 1999 and consisted of 8 lots varying in size from approximately 15,600 square feet to approximately 17,746 square feet. The plat was recorded on September 27, 1999, under Plat No. 99-60. An Installation Agreement was executed by the City of Kenai and Clint D. Hall, Developer, for Phase 2. The 2018 Windhaven Estates Phase 3 proposed preliminary plat currently up for review by the Planning and Zoning Commission would create 3 lots from the property described as Tract 1-A, Parsons Homestead No. 3. The proposed lots are described as Lots One through Three (1-3), Block Three (3), Windhaven Estates Phase 3 and each lot is approximately 15,300 square feet. The subject property is zoned Suburban Residential (RS); therefore, pursuant to Kenai Municipal Code 14.24.010 the minimum lot size is 7,200 square feet. The proposed lots meet the minimum lot size requirement. Furthermore, the proposed lots meet the minimum lot width of 60 feet as required in the Suburban Residential Zone. 7 City water and sewer services are located within the right-of-way of Skyler Lane and property owners will connect to water and sewer services as required by Kenai Municipal Code 17.10.010 and 17.20.010. Access to the proposed lots would be via Skyler Lane, a paved City-maintained road. Skyler Lane is already constructed and water and sewer services are available, so an additional Installation Agreement is not required for development of Lots One through Three (1-3), Block Three (3) in Windhaven Estates Phase 3. The 48.233-acre parcel shown as Tract A is designated for future development. Prior to the development of additional lots on Tract A, the Developer will be required to complete an Installation Agreement with the City for road construction and water and sewer line installation. There is an existing utility easement along the southerly twenty-feet (20’) of Lot One (1), Block Three (3), which is carried over from the parent plat of Parson’s Homestead No. 3, plat number 89-52. This easement is not currently shown on the 2018 preliminary plat of Lots One through Three (1 – 3), Block Three (3), Windhaven Estates Phase 3. Planning and Zoning staff recommend this easement be delineated on the proposed preliminary plat. RECOMMENDATIONS Planning and Zoning Staff recommends approval of the preliminary plat of Windhaven Estates, Phase 3, subject to the following conditions: 1. Further development of the property shall conform to all Federal, State and local regulations. 2. The existing twenty-foot (20’) utility easement shall be delineated on Lot One (1), Block Three (3), of the proposed plat. 3. Prior to the development of additional lots on Tract A, the developer will be required to complete an Installation Agreement with the City for road construction and water and sewer line installation. ATTACHMENTS: A. Resolution No. PZ2018-11 B. Application C. Preliminary Plat D. Map 8 CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ2018-11 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 WINDHAVEN ESTATES PHASE 3 was referred to the City of Kenai Planning and Zoning Commission on May 9, 2018, and received from Integrity Surveys; and, WHEREAS, the City of Kenai Planning and Zoning Commission finds: 1. Plat area is zoned Suburban 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: 1. Further development of the property shall conform to all Federal, State and local regulations. 2. The existing twenty-foot (20’) utility easement shall be delineated on Lot One (1), Block Three (3), of the proposed plat. 3. Prior to the development of additional lots on Tract A, the developer will be required to complete an Installation Agreement with the City for road construction and water and sewer line installation. NOW, THEREFORE, BE IT RESOLVED, THAT THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI RECOMMENDS THE KENAI PENINSULA BOROUGH PLANNING COMMISSION APPROVE WINDHAVEN ESTATES PHASE 3, SUBJECT TO THE CONDITIONS OF APPROVAL SET FORTH ABOVE. 9 PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, this 9th day of May, 2018. CHAIRPERSON: ATTEST: Jeff Twait, Chairperson Jamie Heinz, City Clerk 10 11 12 13 THIS PAGE INTENTIONALLY LEFT BLANK 14 CITY OF KENAI PLANNING & ZONING COMMISSION RESOLUTION PZ2018-13 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION RECOMMENDING TO THE COUNCIL OF THE CITY OF KENAI, ALASKA, TO AMEND KENAI MUNICIPAL CODE SECTIONS 14.20.330-Standards For Commercial Marijuana Establishments and 14.20.010- Land Use Table to Prohibit Standard Marijuana Cultivation Facilities in Residential Zones. WHEREAS, on November 4, 2014, the voters of the State of Alaska passed Ballot Measure No. 2, An Act to Tax and Regulate the Production, Sale, and Use of Marijuana, codified as Alaska Statute 17.38; and, WHEREAS, Alaska Statute 17.38.210 states in part that “a local government may enact ordinances or regulations not in conflict with this chapter or with regulations enacted pursuant to this chapter, governing the time, place, manner and number of marijuana establishment operations”; and, WHEREAS, the City, as a home rule municipality, has the authority to provide responsible Zoning Regulations that protect the public peace, health, safety and welfare; and, WHEREAS, the City has enacted regulations of commercial marijuana establishments through its zoning code and land use table; and, WHEREAS, after numerous public hearings on conditional use permits for commercial marijuana establishments, further review and implementation of the recently enacted regulations and experience with the newly legalized industry, the Planning and Zoning Commission recommends certain amendments to the current regulations; and, WHEREAS, State Statute and Kenai Municipal Code recognize a difference between commercial marijuana cultivation ‘standard’ (over 500 square feet or greater) and limited (less than 500 square feet); and, WHEREAS, current City regulations allow both standard and limited commercial cultivation in residential zones through a conditional use permit as long as other zoning requirements are met; and, WHEREAS, the Planning and Zoning Commission finds that standard commercial cultivation may have an unjustifiable impact on residential neighborhoods given the potential business nature of a larger scale cultivation, including numerous employees and increased traffic that is not compatible with residential neighborhoods; and, WHEREAS, the Planning and Zoning Commission recommends the Kenai Zoning Code and Land Use table be amended to prohibit standard marijuana cultivation facilities in residential zones as provided below. 15 NOW, THEREFORE, BE IT RECOMMENDED TO THE COUNCIL OF THE CITY OF KENAI, ALASKA, THAT Section 1. That an Ordinance be enacted to amend Kenai Municipal Code sections 14.20.330 and 14.22.010 as follows: A. 14.20.330 Standards for Commercial Marijuana Establishments. The purpose of this section is to establish general standards for commercial marijuana establishments. (a) Commercial marijuana establishments may be permitted or allowed with a conditional use permit under KMC 14.20.150, as provided in the City of Kenai’s land use table, KMC 14.22.010, and the provisions of this section. (b) Applicants applying for a conditional use permit must include an area map drawn to scale indicating all land uses on other properties within a five hundred (500) foot proximity of the lot upon which the applicant is seeking a conditional use permit. This shall be in addition to the conditional use permit submission requirements in KMC 14.20.150. (c) A public hearing shall be scheduled before the Planning and Zoning Commission to review the conditional use permit application once it has been deemed complete. The public hearing shall be scheduled in accordance with the requirements in KMC 14.20.280, except that notification shall be mailed to all real property owners on record on the Borough Assessor’s records within a five hundred (500) foot periphery of the parcel af fected by the proposed action. (d) The preparation, packaging, manufacturing, processing, and storing of all marijuana, marijuana concentrate or marijuana products must be conducted within a fully enclosed, secure indoor facility. The growing and cultivating of marijuana must be conducted within a fully-enclosed, secure indoor facility or greenhouse with view-obscuring rigid walls, a roof and doors, unless a non-rigid greenhouse, or other structure, is specifically approved, in which case the cultivation must be enclosed by a sight obscuring wall or fence at least six (6) feet high. (e) All commercial marijuana establishments shall not emit an odor that is detectable by the public from outside the commercial marijuana establishment. (f) No portion of a parcel upon which any commercial marijuana establishment is located shall be permitted within the following buffer distances: (1) One thousand (1,000) feet of any primary and secondary schools (K-12) and five hundred (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 entranc e of a church or correctional facility, or a substance abuse treatment facility providing substance abuse treatment. 16 (g) As provided in the Land Use Table, a person or licensee may apply for a conditional use permit to allow for a marijuana cultivation facility, standard, on lots of forty thousand (40,000) square feet or greater in size, and a marijuana cultivation facility, limited, on any size lot. (h) A marijuana cultivation facility, standard, or a marijuana cultivation facility, limited, shall only be allowed on a lot which has an existing structure consistent with a principal permitted use. (i) A marijuana cultivation facility located in an accessory building shall be subject to the setback provisions in KMC 14.24.020, development requirements table. A person or licensee seeking relief from the provisions in the development requirements table may apply for a variance subject to the provisions of KMC 14.20.180. B. 14.22.010 Land use table. LAND USE TABLE KEY: P = Principal Permitted Use NOTE: Reference footnotes on following pages for additional restrictions C = Conditional Use S = Secondary Use N = Not Permitted ZONING DISTRICTS LAND USES ALI C RR RR- 1 RS RS- 1 RS- 2 RU CC CG IL IH ED R TSH LC CMU RESIDENTIAL One-Family Dwelling N C18 P P P P P P P21 S1 S2 S2 C22 P P P S1/C21 Two-, Three-Family Dwelling N C18 P P P P P P P21 S1 C C C22 P P P S1/C21 Four-Family Dwelling N C18 P C3, 29 P N N P P21 S1 C C C22 N P C S1/C21 Five-, Six-Family Dwelling N C18 C3 N P N N P P21 S1 C C N N P C S1/C21 Seven- or More Family Dwelling N C18 C3 N C3 N N P P21 S1 C C N N P C S1/C21 Mobile Home Parks6 N N C N C C C C C C C C N C N N C Planned Unit Residential Development7 N C18 C C29 C C C C C C C C N C C C C Townhouses4 N C18 C3 C3, 29 C3 C3 C3 C3 C C C C C22 C C C C Accessory Building on Parcel Without Main Building or Use (See KMC 14.20.200) N N C C C C C C N N N N N N C N N COMMERCIAL Airport Compatible Uses P N N N N N N N C C C C N N N C C Automotive Sales C N C N N N N C P P P P N N N N P Automotive Service Stations C N C N N N N C P P P P N C N N P Banks C N C N C N N C P P P C N C C C P Business/Consumer Services C N C N C N N C P P P C N C C C P 17 Commercial Recreation N N C N C N N C P P C C N P C C P Guide Service C N C N C N N C P P P P N P P C P Hotels/Motels C N C N C N N C P P P C N C P C P Lodge C N C N C N N C P P P C N P P C P Marijuana Cultivation Facility, Limited 30 N N C C C C C C N C C C N N N C N Marijuana Cultivation Facility, Standard 30 N N [C]N [C]N [C]N [C]N [C]N [C]N N C C C N N N C N Marijuana Product Manufacturing Facility 30 N N N N N N N N N C C C N N N N N Marijuana Testing Facility 30 N N N N N N N N C C P P N N N C C Professional Offices C N C C29 C N N P P P P P N C P P P Restaurants C N C N C N N C P P P C N C C C P Retail Business C N26 C N C N N C P P P P S24 S24 C C P Retail Marijuana Store 30 N N N N N N N N N C C C N N N C C Theaters N N C N C N N C P P C C N P C C P Wholesale Business C N C N C N N C C P P P N S24 C C N INDUSTRIAL Airports C P20 C N C N N C C C C C N C N N C Necessary Aviation Facilities P P C C C C C C P P P P C P C P P Automotive Repair P N C N C N N C P P P P N N N N P Gas Manufacturer/Storage C9 N N N C N N N N N C9 C9 N N N N N Manufacturing/Fabricating/Assembly P N C N C N N C C P P P N C C N C Mini-Storage Facility C N C N C N N C C P P P N N N C C Storage Yard C N C N C N N C C P P P N N N N C Warehouses C N C N C N N C N P P P N C N N N PUBLIC/INSTITUTIONAL Assisted Living N C C C C C C C C C C C C C C C C Churches* N C P10 P10 P10 P10 P10 P10 P10 P10 C C P P10 P P P Clinics N C C N C C C C P P P C C C C P P Colleges* N C C C29 C C C C P P C C P C C C P Elementary Schools* N C C C29 C C C C P P C C P C C C P Governmental Buildings P C C C29 C C C C P P P C P C C P P High Schools* N C C C29 C C C C P P C C P C C C P Hospitals* N C C N C C C C P P P C C C C C P Libraries* N C C C29 C C C C12 P P P C P C P C P Museums C C C C29 C C C C P P P C P C P C P 18 Parks and Recreation N P C C29 C C C C P P P P P P P C P MISCELLANEOUS Animal Boarding/Commercial Kennel13 C C C N C C N N C C C C N C N C C Assemblies15 (Large: Circuses, Fairs, etc.) P C C N C C C C P15 P15 P15 P15 P15 C P N P15 Bed and Breakfasts N C C C C C C C C C C C N P C C P Cabin Rentals N C C N C N N N P P P C N P P C P Cemeteries P C C N C N N N N C C C N C C N N Communications Towers & Antenna(s), Radio/TV Transmitters/ Cell Sites** 28 C P C N C C C C P P P P P C C C C Crematories/Funeral Homes N N C N C N N C C C C C N C C C C Day Care Centers12 N C C C29 C C C C P P P C C C C P P Dormitories/Boarding Houses N C C N C C C P P21 S C P P23 C C C P Essential Services P P P P P P P P P P P P P P P P P Farming/General Agriculture*** N P P N N N N N N N N P N P N N N Fraternal Organizations/ Private Clubs/Social Halls and Union Halls N N C N C C C C P P P C N C P C P Greenhouses/Tree Nurseries13 N C C N C C C C P P P C N C C C P Gunsmithing, Taxidermy N N C N C C C C P P P P N C P P P Nursing, Convalescent or Rest Homes N N C N C C C C P P C C C C C C P Parking, Public Lots12 C C C N C C C C C C C C C C C C C Personal Services25 N C C N C C C C P P P P C C P P/C27 P Recreational Vehicle Parks N C C N C N N C C C C C N C C N C Subsurface Extraction of Natural Resources16 C C C C C C C C C C C C N C N N N Surface Extraction of Natural Resources17 C C C N C N N C N C C C N C N N N * See 42 USCA Sec. 2000cc (Religious Land Use and Institutionalized Persons Act of 2000) ** See 42 Telecommunications Act of 1996, Sec. 704(a) *** See, however, the limitations imposed under KMC 3.10.070 Footnotes: 1 Allowed as a secondary use except on the ground floor of the part of the building fronting on collector streets and major highways. Commercial or industrial which falls under the landscaping/site plans requirements of KMC 14.25 shall include any secondary uses in the landscaping and site plans. 2 One (1) single-family residence per parcel, which is part of the main building. 3 Allowed as a conditional use, subject to satisfying the following conditions: a The usable area per dwelling unit shall be the same as that required for dwelling units in the RS zone; 19 b The site square footage in area must be approved by the Commission; c Yards around the site, off-street parking, and other development requirements shall be the same as for principal uses in the RR zone; d Water and sewer facilities shall meet the requirements of all applicable health regulations; e The proposed dwelling group will constitute a residential area of sustained desirability and stability, will be in harmony with the character of the surrounding neighborhood, and will not adversely affect surrounding property values; f The buildings shall be used only for residential purposes and customary accessory uses, such as garages, storage spaces, and recreational and community activities; g There shall be provided, as part of the proposed development, adequate recreation areas to serve the needs of the anticipated population; h The development shall not produce a volume of traffic in excess of the capacity for which the access streets are designed; i The property adjacent to the proposed dwelling group will not be adversely affected. 4 See “Townhouses” section. 5 See “Mobile Homes” section. 6 Allowed as a conditional use, subject to “Mobile Homes” section and provided that any mobile home park meets the minimum Federal Housing Authority requirements. 7 See “Planned Unit Residential Development” section. 8 Allowed as a conditional use, provided that the proposed location and the characteristics of the site will not destroy the residential character of the neighborhood. 9 Allowed as a conditional use, provided that all applicable safety and fire regulations are met. 10 Provided that no part of any building is located nearer than thirty (30) feet to any adjoining street or property line. 11 Allowed as a conditional use, provided that no part of any building is located nearer than thirty (30) feet to any adjoining street or property line and provided further that the proposed location and characteristics of the use will not adversely affect the commercial development of the zone. 12 Allowed as a conditional use, provided that the following conditions are met: a The proposed location of the use and the size and characteristic of the site will maximize its benefit to the public; b Exits and entrances and off-street parking for the use are located to prevent traffic hazards on public streets. 13 Allowed as a conditional use, provided that setbacks, buffer strips, and other provisions are adequate to assure that the use will not be a nuisance to surrounding properties. The Commission shall specify the conditions necessary to fulfill this requirement. Animal boarding and commercial kennels require a kennel license (see KMC Chapter 3.15). 14 Allowed as a conditional use, provided that no indication of said use is evident from the exterior of the mortuary. 15 Allowed, provided that the following conditions are met: a An uncleared buffer strip of at least thirty (30) feet shall be provided between said use and any adjoining property in a residential zone. b Exits and entrances and off-street parking for the use shall be located to prevent traffic hazards on the public streets. 16 See “Conditional Uses” section. 17 See “Conditional Use Permit for Surface Extraction of Natural Resources” section. 18 Conditional Use allowed only on privately held property: Not allowed on government lands. 19 Reserved. 20 20 The airport related uses allowed under this entry are aircraft approach and departure zones pursuant to KMC 14.20.070(a), except that for properties contained inside the airport perimeter fence or having access to aircraft movement areas, taxiways or parking aprons, FAA authorized uses are allowed. 21 Developments for use shall be the same as those listed in the “Development Requirements Table” for the RU/TSH zones. 22 Allowed as a conditional use in conjunction with a permitted use in the ED zone: For example, housing for teachers or students for a school in the zone. 23 Allowed as an accessory use in conjunction with a permitted use in the ED zone: For example, a dormitory used to house students for a school or educational facility. 24 Retail businesses allowed as a secondary use in conjunction with the primary use (e.g., a gift shop or coffee shop within another business). 25 Art studios, barbers, beauticians, tattoo parlors, dressmakers, dry cleaners and self- service laundries, fitness centers, photographic studios, tailors, tanning salons and massage therapists. 26 Food services are allowed on a temporary or seasonal basis of not more than four (4) months per year. 27 Personal services not set forth in the below matrix are conditional uses. Limited Commercial Zone Personal Services- Permitted(P) Conditional Use(C) Art Studios X Barbers X Beauticians X Dressmakers X Dry Cleaners X Fitness Centers X Massage Therapist X Photographic Studios X Self-Service Laundries X Tailors X Tanning Salons X Tattoo Parlors X 28 Communications tower/antenna(s) allowed as a principal permitted (P) use if the applicable conditions set forth in KMC 14.20.255 are met or a conditional use (C) if the applicable conditions set forth in KMC 14.20.255 and 14.20.150 are met. 29 Use allowed only for those parcels that abut the Kenai Spur Highway: The access to any such parcel must be either from: (a) driveway access on the Kenai Spur Highway; or (b) driveway access from a dedicated right-of-way and that driveway access is not more than two hundred seventy-five (275) feet as measured from the constructed centerline of the Kenai Spur Highway to the center of the driveway access as shown on an as-built drawing/survey of the parcel. 30 See Marijuana Regulations, KMC Section 14.20.230 – Home Occupations, KMC Section 14.20.320 – Definitions, KMC Section 14.20.330 – Standards for Commercial Marijuana Establishments. 21 Section 2. That a copy of this Resolution be forwarded to the City Council of Kenai upon passage. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA this 9th day of May, 2018. JEFF TWAIT, CHAIRPERSON ATTEST: ______________________________________ JAMIE HEINZ, CITY CLERK 22 23 24 25 26 27 28 29 30 31 32 33 34 35 THIS PAGE INTENTIONALLY LEFT BLANK 36 STAFF REPORT To: Planning & Zoning Commission Date: May 9, 2018 Res: PZ2018-10 GENERAL INFORMATION Transferor: Beaver Loop Pit LLC 102 Highbush Ln. Kenai, AK 99611 Transferee: Peninsula Commercial Ventures LLC 5099 E. Blue Lupine Dr. Wasilla, AK 99654 Requested Action: Transfer of Conditional Use Permit PZ88-16 (PZ97-38, PZ16-44) Surface Extraction of Natural Resources Legal Description: Tract A-1A Hollier Subdivision No. 4, Tract B Hollier Subdivision No. 2 Street Address: 805 Gravel St., 751 Gravel St. KPB Parcel No: 04904094, 04904081 Existing Zoning: Rural Residential Current Land Use: Low Density Residential ANALYSIS On December 14, 1998, the original Conditional Use Permit (CUP) PZ88-16 for surface extraction of natural resources was issued to Ed Hollier and Joanna Hollier. On July 23, 1997, PZ88-16 was transferred to Bill E. Zubeck of Zubeck, Inc. by Resolution No. PZ97- 38. On December 5, 2011, the property was conveyed to Beaver Loop Pit LLC by Brenda M. Zubeck, individually and as surviving spouse of Bill E. Zubeck. On January 25, 2016, PZ88-16 (PZ97-38) was transferred to Beaver Loop Pit LLC by Resolution No. PZ16-44. On April 20, 2018, the property was conveyed to Peninsula Commercial Ventures LLC; and Transferor, Beaver Loop Pit LLC, pursuant to Kenai Municipal Code as set forth below, submitted an Application for Transfer of Conditional Use Permit: • KMC 14.20.150(i)(5) A Conditional Use Permit is not transferable from one (1) parcel of land to another. Conditional Use Permits may be transferred from one (1) owner to another for the same use, but if there is a change in use on the property, a new permit must be obtained. • KMC 14.20.158(a) No Conditional Use Permit issued hereunder shall be transferred until the proposed transferee has made application for transfer in writing filed with the administrative official, which application shall state that he intends to be bound by the plan and statements contained in the application of the 37 permit holder or shall contain the amendments to the plan his proposed operation would mandate. The Commission shall approve the application for transfer and in so doing amend the site plan and statements if such amendments as are contained in the application for transfer would have been approved had they been contained in the original application. Beaver Loop Pit LLC, transferor, and Peninsula Commercial Ventures LLC, transferee, have current business licenses with the State of Alaska. Both of these limited liability companies have filed biennial reports and are in good standing with the State of Alaska, Division of Corporations. Beaver Loop Pit LLC filed an annual report for 2017, pursuant to Kenai Municipal Code 14.20.150(f). Beaver Loop Pit LLC is current with obligations due to the City of Kenai and the Kenai Peninsula Borough. Peninsula Commercial Ventures LLC agrees to operate under the terms and conditions of the original Conditional Use Permit PZ88-16 (PZ97-38, PZ16-44) granted by the Planning & Zoning Commission. See conditions of approval as set forth below. RECOMMENDATIONS Staff hereby recommends approval of the Transfer of Conditional Use Permit PZ88-16, as amended by PZ97-38 and PZ16-44, subject to the original conditions as set forth on the original permit and additional conditions, as follows: 1. Facility be licensed by the State of Alaska and managed in compliance with State licensing requirements. 2. Applicant must comply with all Federal, State and local regulations. 3. Applicant shall file an annual report for the Conditional Use Permit as set forth in Kenai Municipal Code 14.20.150(f). 4. If there is a change of use for the above described property, a new Conditional Use Permit must be obtained, pursuant to KMC 14.20.150(i)(5). ATTACHMENTS: A. Resolution No. PZ2018-10 B. Application for Transfer of Conditional Use Permit C. Conditional Use Permit PZ88-16 D. Transfer of Conditional Use Permit PZ16-44 E. Map 38 CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ2018-10 TRANSFER OF CONDITIONAL USE PERMIT PZ88-16 (AMENDED BY PZ97-38 AND PZ16-44) A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI GRANTING A REQUEST FOR A TRANSFER OF CONDITIONAL USE PERMIT TO: NAME: Peninsula Commercial Ventures LLC USE: Surface Extraction of Natural Resources LOCATED: Tract A-1A Hollier Subdivision No. 4, Tract B Hollier Subdivision No. 2 KENAI PENINSULA BOROUGH PARCEL NO: 04904094, 04904081 WHEREAS, the Commission finds: 1. That an application meeting the requirements of Kenai Municipal Code 14.20.150(i)(5) and 14.20.157 has been submitted to the City of Kenai on April 20, 2018; 2. This request is on land zoned as RR – Rural Residential; 3. That the applicant has demonstrated with plans and other documents that they can and will meet the following specific requirements and conditions in addition to existing requirements: A. Facility be licensed by the State of Alaska and managed in compliance with State licensing requirements. B. Applicant must comply with all Federal, State and local regulations. 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907-283-7535 / Fax: 907-283-3014 www.kenai.city 39 C. Applicant shall file an annual report for the Conditional Use Permit as set forth in Kenai Municipal Code 14.20.150(f). D. If there is a change of use for the above described property, a new Conditional Use Permit must be obtained, pursuant to KMC 14.20.150(i)(5). NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI THAT THE CONDITIONAL USE PERMIT FOR BEAVER LOOP PIT LLC SURFACE EXTRACTION OF NATURAL RESOURCES BE TRANSFERRED TO PENINSULA COMMERCIAL VENTURES LLC PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, this 9th day of MAY 2018. _____________________________ Jeff Twait, Chairperson ATTEST: _______________________________________ Jamie Heinz, City Clerk 40 41 42 43 44 45 46 47 THIS PAGE INTENTIONALLY LEFT BLANK 48 ACTION AGENDA KENAI CITY COUNCIL – REGULAR MEETING MAY 2, 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) 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. 3015-2018 – Accepting and Appropriating a Volunteer Fire Assistance (VFA) Grant From the United States Department of Agriculture Forest Service Passed Through the State of Alaska Division of Forestry for the Purchase of Forestry Firefighting Equipment. (Administration) 2. ENACTED UNANIMOUSLY. Ordinance No. 3016-2018 – Increasing Estimated Revenues and Appropriations by $4,434.88 in the General Fund – Police Department for State Traffic Grant Overtime Expenditures. (Administration) 3. ENACTED UNANIMOUSLY. Ordinance No. 3017-2018 – Accepting Drug Seizure Funds Forfeited to the City in the Amount of $4,709.63 and Appropriating the Funds for the Purchase of Police Department Small Tools. (Administration) 4. POSTPONED TO THE MAY 16, 2018 MEETING. Ordinance No. 3018-2018 – Amending Kenai Municipal Code Title 23-Personnel Regulations, to Create a New Class of Employees Defined as “Department Head Service” that Includes Employees who Work at Will and are Compensated within A Salary Range Approved by the 49 Council, and Making other Housekeeping Changes. (Council Members Navarre & Glendening) 5. ENACTED UNANIMOUSLY. Ordinance No. 3019-2018 – Increasing Estimated Revenues and Appropriation in the General and Municipal Roadway Improvements Capital Project Funds and Awarding A Contract To Complete The Ryan’s Creek Outfall Repair Project To Foster Construction, Inc. (Administration) 6. ENACTED UNANIMOUSLY. Ordinance No. 3020-2018 – Increasing Estimated Revenues and Appropriations in the Water & Sewer Special Revenue and Water & Sewer Improvements Capital Project Funds and Authorizing a Change Order to the Contract with the State of Alaska Department of Transportation for the Project Entitled “Spur Highway Water Main Replacement – Spur Highway and Shotgun Drive”. (Administration) 7. ADOPTED UNANIMOUSLY AS AMENDED. Resolution No. 2018-18 – Awarding a Contract for External Audit Services to BDO USA, LLP. (Administration) 8. FAILED. Resolution No. 2018-19 - Amending Policy No. 2016-01, Procedures for Commissions, Committees and Council on Aging – to Provide for Recording Planning and Zoning Commission Work Sessions and Joint Work Sessions between Commissions, Committees, and/or Council on Aging. (Council Member Molloy) 9. ADOPTED UNANIMOUSLY. Resolution No. 2018-20 – Consenting to an Amendment Extending the Timeframe for Legacy Electric, LLC, Lessee, to Complete Improvements as set Forth in the Original Lease of Airport Reserve Lands. (Administration) E. MINUTES 1. APPROVED BY THE CONSENT AGENDA. *Regular Meeting of April 18, 2018 F. UNFINISHED BUSINESS – None. G. NEW BUSINESS 1. APPROVED BY THE CONSENT AGENDA. *Action/Approval – Bills to be Ratified. 2. APPROVED BY THE CONSENT AGENDA. *Action/Approval – Purchase Orders Exceeding $15,000. 3. APPROVED BY THE CONSENT AGENDA. *Action/Approval – Non-Objection to New Commercial Retail Marijuana Store for: • Cook Inlet Cannabis Company D/B/A East Rip – License No. 13382 4. INTRODUCED BY CONSENT AGENDA/PUBLIC HEARING 05/16/2018. *Ordinance No. 3021 – 2018 – Determining that Tract C Dragseth Subdivision – 2017 Addition, Located within the East ½ Section 7, Township 5 North, Range 11 West, Seward Meridian, City of Kenai, Kenai Recording District, Kenai Peninsula Borough, 50 Alaska is Not Needed for a Public Purpose and Approving a Sale of the Property for its Appraised Value to Ron Hyde. (Administration) 5. SUB-COMMITTEE APPROVED. Action/Approval – Authorize the Creation of a Sub- Committee of the Harbor Commission for the Purpose of Determining the Roles and Responsibilities of the Commission. (City Clerk) 6. SPECIAL USE PERMIT APPROVED. Action/Approval – Approving a Special Use Permit to Kenai Rotary for Use of the Multi-Purpose Facility for the Kenai Rotary Soap Box Derby. (Administration) 7. Discussion – Wake Zone Signage at the Mouth of the Kenai River. (Administration) 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 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. 51