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HomeMy WebLinkAbout2018-06-13 Planning & Zoning PacketAGENDA KENAI PLANNING & ZONING COMMISSION - REGULAR MEETING JUNE 13, 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. May 23, 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 - None 6. PUBLIC HEARINGS a. Resolution PZ2018-16 - Application for a Conditional Use Permit to operate a Retail Marijuana Store located on the property known as 14429 Kenai Spur Highway, Kenai, Alaska 99611; and further described as Lot 4, Block 1, Bush Lanes Subdivision. Application submitted by: Clint Pickarsky, Registered Agent for KRC LLC d/b/a Kenai River Cannabis, P.O. Box 1016, Soldotna, Alaska 99669 ............................................. 5 7. UNFINISHED BUSINESS - None 8. NEW BUSINESS a. Discuss and Recommendation - Airport Reserve Land Lease Application for property located at 209 N. Willow Street, Kenai, Alaska 99611; further described as a portion of Tract A, General Aviation Apron No. 2, submitted by SOAR International Ministries, Incorporated ................................................................................................................. 38 1 ____________________________________________________________________________________ AGENDA KENAI PLANNING & ZONING COMMISSION – REGULAR MEETING June 13, 2018 - 7:00 P.M. Page 2 of 2 b. 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 ............................................................. 56  Substitute Resolution PZ2018-03 c. Resolution PZ17-30 - Conduct Completeness Review of the updated application submitted by Dr. Lavern Davidhizar for a Conditional Use Permit for Extraction of Natural Resources pursuant to Kenai Municipal Code 14.20.152 AND schedule the application for a Public Hearing on June 27, 2018. Said application affects property located at 4905 Silver Salmon Dr., and further described as a portion of Government Lots 1 and 9, and a portion of the NE ¼ of Section 7, Township 5 North, Range 10 West lying West of Spur Highway and East of the Kenai River (Kenai Borough Parcel No. 04937136) ............. 94 9. PENDING ITEMS - None 10. REPORTS a. City Council ................................................................................................................ 111 b. Borough Planning ....................................................................................................... 116 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 - June 27, 2018 14. COMMISSION COMMENTS AND QUESTIONS 15. ADJOURNMENT 2 KENAI PLANNING & ZONING COMMISSION REGULAR MEETING MAY 23 , 2018 – 7:00 P.M. KENAI CITY COUNCIL CHAMBERS 210 FIDALGO AVENUE, KENAI, ALASKA VICE CHAIR BOB SPRINGER, PRESIDING MINUTES 1.CALL TO ORDER Commission Vice Chair Springer called the meeting to order at 7:00 p.m. a.Pledge of Allegiance Commission Vice Chair Springer led those assembled in the Pledge of the Allegiance. b.Roll Call Commissioners present: Vice-Chair R. Springer, G. Greenberg, K. Peterson, J. Halstead, V. Askin, D. Fikes Commissioners absent: Chair J. Twait Staff/Council Liaison present: City Planner E. Appleby, Deputy City Clerk J. Kennedy, Planning Assistant W. Anderson, Council Liaison H. Knackstedt A quorum was present. c.Agenda Approval MOTION: Commissioner Greenberg MOVED to approve the agenda and Commissioner Askin SECONDED the motion. There were no objections; SO ORDERED. d.Consent Agenda MOTION: Commissioner Askin MOVED to approve the consent agenda and Commissioner Greenberg 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 3 2. APPROVAL OF MINUTES: May 9, 2018 MOTION: Commissioner Peterson MOVED to approve the meeting minutes of May 9 and Commissioner Halstead SECONDED the motion. There were no objections; SO ORDERED. 3. SCHEDULED PUBLIC COMMENT: (10 minutes) None scheduled. 4. UNSCHEDULED PUBLIC COMMENT: (3 minutes) None. 5. CONSIDERATION OF PLATS – None. 6. PUBLIC HEARINGS – None. 7. UNFINISHED BUSINESS – None. 8. NEW BUSINESS: a. Discussion and Recommendation – Airport Reserve Land Lease Applications for properties located at 410 Coral Street and 420 Coral Street, Kenai, Alaska 99611, further described as Tract A, Gusty Subd. No. 3, and Tract B, Gusty Subd. No. 6 Amended, submitted by James H. Doyle, Individually, d/b/a Weaver Brothers, Inc. City Planner Appleby reported that on April 20, administration received an application from James H. Doyle to renew his leases that are within the airport reserve. She noted the applicant had leased the two adjacent properties since 1984 for a parking area for cargo trailers and would like to continue to lease the properties for a term of five years for the same purpose. Appleby clarified that the applicant was not proposing to build on these two parcels. City Planner Appleby reported that Airport Commission would also review the lease applications at their meeting on June 14. MOTION: Commissioner Peterson MOVED to recommend approval of the Airport Reserve Land Lease Applications with staff recommendations and Commissioner Halstead SECONDED the motion. Vice-Chair Springer opened the floor for public testimony; there being no one wishing to be heard, public comment was closed. VOTE: YEA: Fikes, Askin, Greenberg, Halstead, Springer, Peterson NAY: MOTION PASSED. b. Discussion – Consider scheduling a work session to discuss making additional amendments to Kenai Municipal Code 14.20.330 Standards for Commercial Marijuana Establishments and Kenai Municipal Code 14.22.010 Land Use Table. 4 City Planner Appleby clarified that this item was on the agenda as a follow-up to the interest expressed at the May 9 Commission meeting. Springer added that the purpose behind bringing this to the Commission was the interest expressed at the previous work session to have additional changes made to the Land Use Table. Commissioner Fikes noted that there was new information from the State expected in late June. Council Member Knackstedt and City Planner Appleby recommended to the Commission to list specific areas of interest for more information or areas of concerns to provide direction to Administration. Commissioners noted interest in feedback from the community since establishments opened regarding on-site consumption, business in residential areas, and possible police record complaints to help the Commission determine policy changes. The Commission agreed on postponement of holding a work session until more information was available. City Planner Appleby would provide more thorough background material to bring to the Commission for review in July. 9. PENDING ITEMS: None. 10. REPORTS: a. City Council – Council Member Knackstedt reviewed the action agenda from the May 16 City Council Meeting; noted the presentation by Alaska GasLine Development Corp. representative, and the upcoming plans; and a presentation by Student Riley Graves on his Caring for the Kenai project, Magnetic Beach Sweeper Concept, and that Administration was looking at the possibility of retrofitting equipment to do that on an industrial level. b. Borough Planning – Commissioner Fikes reported the Commission met on May 14; noting two resolutions for conditional land use permits for material site modifications in K-Beach area and Funny River area were approved; a resolution for a conditional land use permit material site modification in Coho area by Silver Fox Trucking for extracting gravel, was approved upon applicant agreeing to required conditions; and the deadline of the Material Site Working Group’s report was extended and expected in August. c. Administration – City Planner Appleby reported on the following: • The Budget work session on May 19 was successful, and Council returned the funds to the budget for FY2019 to allow for additional training for the City Planner as well as the Planning and Zoning Commission; • She was reviewing/researching what Soldotna had done for Sign Code and familiarizing herself with it more; and • The Planning Department made a site visit to the neighborhood that Dr. Davidhizar submitted an application for gravel extraction. 11. ADDITIONAL PUBLIC COMMENT – None. 12. INFORMATIONAL ITEMS – None. 5 13. NEXT MEETING ATTENDANCE NOTIFICATION: June 13, 2018 14. COMMISSION COMMENTS & QUESTIONS Commissioner Greenberg noted he had invited someone to speak regarding interest in a change in Code to allow a gunsmith permit in an RR-1 residential zone. Appleby noted that she was in contact with the individual and would follow-up. Fikes thanked Administration for clarifying the process for the next two Commission meetings. 15. ADJOURNMENT There being no further business before the Commission, the meeting was adjourned at 7:55 p.m. Minutes prepared and submitted by: _____________________________ Jacquelyn Kennedy Deputy City Clerk 6 STAFF REPORT To: Planning & Zoning Commission Date: June 13, 2018 Resolution No. PZ2018-16 GENERAL INFORMATION Applicant: Clint Pickarsky, Registered Agent for KRC LLC, d/b/a Kenai River Cannabis PO Box 1016 Soldotna, AK 99669 Property Owner: Peninsula Investments LLC 10672 Kenai Spur Hwy., Suite 112-177 Kenai, AK 99611 Requested Action: Application for a Conditional Use Permit to operate an approximately 925-square-foot Retail Marijuana Store within an existing approximately 3,600-square-foot commercial building. Legal Description: Lot 4, Block 1, Bush Lanes Subdivision Street Address: 14429 Kenai Spur Highway KPB Parcel No.: 039-022-40 Existing Zoning: General Commercial (CG) Current Land Use: Commercial Building Land Use Plan: Central Commercial ANALYSIS General Information: This building was constructed in 1979 and was initially used as an office and warehouse. In the 1980’s the building was a convenience store and gas station. Most recently, the building housed a business named Metal Magic Forge & Foundry, which was a metal fabrication shop. This is an application for the operation of a Commercial Marijuana Establishment (CME) within an approximately 3,600-square-foot existing building. The space for the Retail Marijuana Store is approximately 925 square feet, which includes an approximately 285- square foot area designated for the office and packaging area. The applicant states that he leased the entire building because he had originally intended to include a cultivation facility; however, he had decided not to pursue cultivation at this time. The applicant is 7 aware that if he wants to add a Marijuana Cultivation Facility in the future, he would need to apply for another Conditional Use Permit for that use. A restroom, mechanical room, and storage area is located in the rear of the building. The remainder of the building will not be used at this time, but would be available for storage of non-marijuana items in the future. The subject parcel is bound on the north by Lot 3, Block 1, Bush Lanes Subdivision. This lot is also being leased by the applicant and will be used for parking for the Commercial Marijuana Establishment (CME). Kenai Municipal Code 14.20.250(b)(3) provides, as follows: Location of Parking. Any parking space provided pursuant to this section shall be on the same lot with the main use it serves or on an adjoining lot except that the Commission, by a conditional use permit as specified in this chapter, may allow parking spaces on any lot if it is determined that it is impractical to provide parking on the same or adjoining lot. Accordingly, the applicant may use the adjoining lot for parking spaces for the Commercial Marijuana Establishment (CME). The subject parcel is bound on the south by an unimproved lot which is being used as a storage yard for equipment and materials. The properties to the west are unimproved lots which are zoned Suburban Residential and Rural Residential. The Kenai Spur Highway lies to the east of the subject parcel. A duplex and a residence are located across the Kenai Spur Highway. Kenai Municipal Code (KMC) 14.20.150(d) details the intent and application process for conditional uses. The code also specifies the review criteria that must be satisfied prior to issue the permit. The criteria are: (1) The use is consistent with the purpose of this chapter and the purposes and intent of the zoning district; The subject parcel is zoned General Commercial (CG), and is therefore subject to the Principal Permitted and Conditional land-uses as shown on KMC 14.22.010 - Land Use Table. Pursuant to Ordinance, 2870-2016 as approved by the Council of the City of Kenai on January 20, 2016, which became effective on February 19, 2016, a Retail Marijuana Store may be established and operated under a Conditional Use Permit within the General Commercial Zone. The General Commercial Zone, as outlined in KMC 14.20.120 The General Commercial (CG) Zone is established to provide for areas where a broad range of retail, wholesale, and service establishments is desirable. Uses are regulated to concentrate commercial development to the greatest extent possible and to prevent any uses which would have an adverse effect upon nearby properties. New single- and two (2) family residential uses and other noncommercial uses, except as otherwise provided in this chapter, are not permitted in this zone as principal uses because it is intended that land classified in this zone be reserved for commercial purposes, and because a commercial zone is not suited to the uses excluded above. As proposed, the Commercial Marijuana Establishment would consist of an approximately 925-square foot Retail Marijuana Store located within an approximately 3600-square foot building. A restroom, mechanical room, and storage area are located in the rear of the building. The remainder of the building will not be 8 used at this time, but could be used for storage of non-marijuana items in the future. Pursuant to the submitted site plan, primary access to the subject Commercial Marijuana Establishment (CME) would be from the Kenai Spur Highway. The Kenai Spur Highway is classified by the State of Alaska Department of Transportation and Public Facilities as a Major Collector. A collector is defined as “A road classification applicable to roads serving a mixture of local access and through traffic, for which the volume, average speed, and trip length of vehicles using the road are usually lower than for principal or minor arterials, but higher than for local roads.” Furthermore, KMC 14.20.320 defines a Collector as “…a street located and designed for the primary purpose of carrying through traffic and of connecting major areas of the City”. Designated parking would be on the adjoining lot described as Lot 3, Block 1, Bush Lanes Subdivision. Kenai Municipal Code14.20.250 requires six parking spaces. The applicant application (sheet SD-1) indicates that six parking spaces will be provided, including a ADA accessible parking space. Therefore, given the above discussion within the context of the proposed land-use project, it seems reasonable the proposed Commercial Marijuana Establishment would be consistent with the purpose of KMC 14.20.150 and the intent of the General Commercial Zoning District given the compliance with staff recommended specific conditions of approval. (2) The value of the adjoining property and neighborhood will not be significantly impaired; The proposed development must comply with the requirements of KMC 14.20.330 – Standards for Commercial Marijuana Establishments. In addition, the proposed development must also comply with Alaska Statue 17.38, an Act to Tax and Regulate the Production, Sale, and Use of marijuana as well as Alaska Administrative Code – Title 3 – Marijuana Control Board – Omnibus licensure requirements and procedures for marijuana establishments. Pursuant to KMC 14.20.010 – Land Use Table, a Retail Marijuana Store may be established in the General Commercial Zone with a Conditional Use Permit. In addition, pursuant to KMC 14.20.330 – Standards for Commercial Marijuana Establishments, provisions have been put in place to help mitigate impacts to the value of adjoining property and the surrounding neighborhood. Pursuant to the submitted application materials and a site visit by staff, the proposed CME would comply with the requirements contained within KMC 14.20.330. As reviewed by staff, the proposed CME would be contained within a fully enclosed secure indoor facility as required by KMC 14.20.330(d), thereby, helping to mitigate the potential impact to surrounding property owners. In addition, pursuant to KMC 14.20.330 (e) no CME’s shall emit an odor that is detectable by the public from outside the CME. Concerning visual and auditory impacts of the proposed CME, pursuant to the KMC 14.20.330 the Retail Marijuana Store would be located within a fully enclosed secure commercial building. The building has two entrances; the primary entrance is located on the east side of the building facing the Kenai Spur Highway. The second entrance is located on the north side of the building and will not be open to the public. There is 9 also an overhead garage door which will be locked at all times. Both entrances and the overhead garage door shall include commercial grade security locks. The building already has security screens on the windows to prevent entry to the building. The applicant states that the security screens will remain on the windows. The facility will be equipped with 24 hour surveillance of all customers and employees. Applicant states that exterior lighting will keep the outdoor premises, signs, doors, and windows well lit and allow the exterior surveillance cameras to record individuals up to twenty feet from all entry points into the building. Pursuant to Alaska Statue 17.38, an Act to Tax and Regulate the Production, Sale, and Use of marijuana as well as Alaska Administrative Code – Title 3 – Marijuana Control Board – Omnibus licensure requirements and procedures for marijuana establishments an appropriate license for a Marijuana Establishment will have to be issued by the State of Alaska Marijuana Control Board. Staff therefore recommends that a condition of approval be the requirement that prior to operation of the CME, a copy of the approved appropriate license be furnished to the City of Kenai. Therefore, provided that all conditions recommended by staff and the Planning and Zoning Commission are followed, staff believes that the value of the adjoining property and neighborhood will not be significantly impaired. (3) The proposed use is in harmony with the Comprehensive Plan; The subject parcel is defined in the 2030 Imagine Kenai Comprehensive Plan as Central Commercial. The plan defines CC as “Central Commercial is intended for retail, service, and office businesses at a more compact and denser scale; locations are accessible and convenient to both motorist and pedestrians. Central Commercial-type development is particularly desirable in the Townsite Historic District and adjacent core area...” 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 indicated that they do not plan to enlarge the existing commercial building nor change its overall design. The proposed use would be open to the public between the hours of 9:00 AM to 9:00 PM, Monday through Sunday. The name of the applicant’s company is KRC LLC, doing business as Kenai River Cannabis. Therefore, the applicant has proposed to install two signs on the premises. The sign located above the front door of the premises will be refaced. There will be a free standing double sided sign installed on the exiting sign pole in front of the building. A sign permit will be required for the installation of the signs prior to construction of the signs. The surrounding area is a combination of commercial and residential development. The lots fronting the Kenai Spur Highway are comprised of commercial development; namely, a storage yard and Doyle’s Fuel Service. There is a duplex and residential home directly across the Kenai Spur Highway. There are residential homes located behind the commercial development on Lilac Street. Therefore as proposed, the development would be in harmony with the 2030 Imagine Kenai Comprehensive Plan. 10 (4) Public services and facilities are adequate to serve the propose use; City water and sewer serve the subject property. City of Kenai police and fire department resources are sufficient to serve the proposed use. (5) The proposed use will not be harmful to the public safety, health, or welfare; The proposed use is to establish and operate a Commercial Marijuana Establishment consisting of Retail Marijuana Store, located within an existing commercial building. Pursuant to the submitted application, and KMC 14.20.330(e) the CME would not emit an odor that is detectable by the public. The CME would also require the approval and issuance of a Retail Marijuana Store license from the State of Alaska Marijuana Control Board. The license is subject to the provisions found in Alaska Statue 17.38, an Act to Tax and Regulate the Production, Sale, and Use of marijuana as well as Alaska Administrative Code – Title 3 – Marijuana Control Board – Omnibus licensure requirements and procedures for marijuana establishments. KMC 14.20.330(f) provides that no portion of a CME can be located within the following buffer distances: (1) 1,000 feet of any primary and secondary schools (K-12) and 500 feet of any vocational programs, post-secondary schools including but not limited to trade, technical, or vocational schools, colleges and universities, recreation or youth centers, correctional facilities, churches, and state licensed substance abuse treatment facilities providing substance abuse treatment; and, (2) Buffer distances shall be measured as the closest distance from the perimeter of a stand-alone commercial marijuana establishment structure to the outer boundaries of the school, recreation or youth center, or the main public entrance of a church, correctional facility, or a substance abuse treatment facility providing substance abuse treatment. If the commercial marijuana establishment occupies only a portion of a structure, buffer distances are measured as the closest distance from the perimeter of the closest interior wall segregating the commercial marijuana establishment from other uses, or available uses in the structure, or an exterior wall if closer, to the outer boundaries of the school, recreation or youth center, or the main public entrance of a church or correctional facility, a substance abuse treatment facility providing substance abuse treatment. With regards to buffer distances as discussed in KMC 14.20.330(f)(1), the proposed CME would not be located within 1,000 feet of any primary and secondary school (K- 12) or within 500 feet of any vocational program, post-secondary school including but not limited to trade, technical, or vocational schools, college and universities. In addition, it would not be within 500 feet of any, recreation or youth centers, correctional facilities, churches, and state licensed substance abuse treatment facilities providing substance abuse treatment. Therefore, the proposed CME meets the buffer requirements of KMC 14.20.330(f)(1). Therefore, giving the above discussion and proposed conditions of approval, staff believes that they proposed Commercial Marijuana Establishment, would not have a harmful impact to the public safety, health or welfare. 11 (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 Commercial Marijuana Establishment, 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 Commercial Marijuana Establishment, the applicant shall submit a copy of the approved and fully executed license from the Alaska Alcohol & Marijuana Control Board. The applicant shall comply with all regulations as stipulated by the State of Alaska Marijuana Control Board. 5. 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. 6. A Sign Permit will be required for the construction of any proposed signage. 7. The hours of operation shall be from 9:00 AM to 9:00 PM, Monday through Sunday. 8. 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 Retail Marijuana Store be approved, subject to the following conditions: 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 Commercial Marijuana Establishment, 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 Commercial Marijuana Establishment, the applicant shall submit a copy of the approved and fully executed license from the Alaska Alcohol & Marijuana Control Board. The applicant shall comply with all regulations as stipulated by the State of Alaska Marijuana Control Board. 12 5. 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. 6. A Sign Permit will be required for the construction of any proposed signage. 7. The hours of operation shall be from 9:00 AM to 9:00 PM, Monday through Sunday. 8. Pursuant to Kenai Municipal Code Section, 14.20.150(f) the applicant shall submit an Annual Report to the City of Kenai. ATTACHMENTS: 1. Resolution No. PZ2018-16 2. Application 3. Construction Drawings 4. Site Plan 5. Map 13 THIS PAGE INTENTIONALLY LEFT BLANK 14 CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ2018-16 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 925-SQUARE-FOOT RETAIL MARIJUANA STORE WITHIN AN EXISTING APPROXIMATELY 3,600-SQUARE-FOOT COMMERCIAL BUILDING. APPLICANT: KRC LLC, d/b/a KENAI RIVER CANNABIS PROPERTY ADDRESS: 14429 Kenai Spur Highway LEGAL DESCRIPTION: Lot 4, Block 1, BUSH LANES SUBDIVISION KENAI PENINSULA BOROUGH PARCEL NO: 039-022-40 WHEREAS, an application meeting the requirements of Section 14.20.150 has been submitted and received on May 23, 2018; and, WHEREAS, the application affects land which is zoned as General Commercial; 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 June 13, 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 General Commercial (CG), and is therefore subject to the Principal Permitted and Conditional land-uses as shown on KMC 14.22.010 - Land Use Table. Pursuant to Ordinance, 2870-2016 as approved by the Council of the City of Kenai on January 20, 2016, which became effective on February 19, 2016, a Retail Marijuana Store may be established and operated under a Conditional Use Permit within the General Commercial Zone. 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907-283-7535 / Fax: 907-283-3014 www.kenai.city 15 The General Commercial Zone, as outlined in KMC 14.20.120 The General Commercial (CG) Zone is established to provide for areas where a broad range of retail, wholesale, and service establishments is desirable. Uses are regulated to concentrate commercial development to the greatest extent possible and to prevent any uses which would have an adverse effect upon nearby properties. New single- and two (2) family residential uses and other noncommercial uses, except as otherwise provided in this chapter, are not permitted in this zone as principal uses because it is intended that land classified in this zone be reserved for commercial purposes, and because a commercial zone is not suited to the uses excluded above. As proposed, the Commercial Marijuana Establishment would consist of an approximately 925-square foot Retail Marijuana Store located within an approximately 3600-square foot building. A restroom, mechanical room, and storage area are located in the rear of the building. The remainder of the building will not be used at this time, but could be used for storage of non-marijuana items in the future. Pursuant to the submitted site plan, primary access to the subject Commercial Marijuana Establishment (CME) would be from the Kenai Spur Highway. The Kenai Spur Highway is classified by the State of Alaska Department of Transportation and Public Facilities as a Major Collector. A collector is defined as “A road classification applicable to roads serving a mixture of local access and through traffic, for which the volume, average speed, and trip length of vehicles using the road are usually lower than for principal or minor arterials, but higher than for local roads.” Furthermore, KMC 14.20.320 defines a Collector as “…a street located and designed for the primary purpose of carrying through traffic and of connecting major areas of the City”. Designated parking would be on the adjoining lot described as Lot 3, Block 1, Bush Lanes Subdivision. Kenai Municipal Code14.20.250 requires six parking spaces. The applicant application (sheet SD-1) indicates that six parking spaces will be provided, including a ADA accessible parking space. Therefore, given the above discussion within the context of the proposed land-use project, it seems reasonable the proposed Commercial Marijuana Establishment would be consistent with the purpose of KMC 14.20.150 and the intent of the General Commercial Zoning District given the compliance with staff recommended specific conditions of approval. (2) The value of the adjoining property and neighborhood will not be significantly impaired; The proposed development must comply with the requirements of KMC 14.20.330 – Standards for Commercial Marijuana Establishments. In addition, the proposed development must also comply with Alaska Statue 17.38, an Act to Tax and Regulate the Production, Sale, and Use of marijuana as well as Alaska Administrative Code – Title 3 – Marijuana Control Board – Omnibus licensure requirements and procedures for marijuana establishments. Pursuant to KMC 14.20.010 – Land Use Table, a Retail Marijuana Store may be established in the General Commercial Zone with a Conditional Use Permit. In addition, pursuant to KMC 14.20.330 – Standards for Commercial Marijuana Establishments, provisions have been put in place to help mitigate impacts to the value of adjoining 16 property and the surrounding neighborhood. Pursuant to the submitted application materials and a site visit by staff, the proposed CME would comply with the requirements contained within KMC 14.20.330. As reviewed by staff, the proposed CME would be contained within a fully enclosed secure indoor facility as required by KMC 14.20.330(d), thereby, helping to mitigate the potential impact to surrounding property owners. In addition, pursuant to KMC 14.20.330 (e) no CME’s shall emit an odor that is detectable by the public from outside the CME. Concerning visual and auditory impacts of the proposed CME, pursuant to the KMC 14.20.330 the Retail Marijuana Store would be located within a fully enclosed secure commercial building. The building has two entrances; the primary entrance is located on the east side of the building facing the Kenai Spur Highway. The second entrance is located on the north side of the building and will not be open to the public. There is also an overhead garage door which will be locked at all times. Both entrances and the overhead garage door shall include commercial grade security locks. The building already has security screens on the windows to prevent entry to the building. The applicant states that the security screens will remain on the windows. The facility will be equipped with 24 hour surveillance of all customers and employees. Applicant states that exterior lighting will keep the outdoor premises, signs, doors, and windows well lit and allow the exterior surveillance cameras to record individuals up to twenty feet from all entry points into the building. Pursuant to Alaska Statue 17.38, an Act to Tax and Regulate the Production, Sale, and Use of marijuana as well as Alaska Administrative Code – Title 3 – Marijuana Control Board – Omnibus licensure requirements and procedures for marijuana establishments an appropriate license for a Marijuana Establishment will have to be issued by the State of Alaska Marijuana Control Board. Staff therefore recommends that a condition of approval be the requirement that prior to operation of the CME, a copy of the approved appropriate license be furnished to the City of Kenai. Therefore, provided that all conditions recommended by staff and the Planning and Zoning Commission are followed, staff believes that the value of the adjoining property and neighborhood will not be significantly impaired. (3) The proposed use is in harmony with the Comprehensive Plan; The subject parcel is defined in the 2030 Imagine Kenai Comprehensive Plan as Central Commercial. The plan defines CC as “Central Commercial is intended for retail, service, and office businesses at a more compact and denser scale; locations are accessible and convenient to both motorist and pedestrians. Central Commercial-type development is particularly desirable in the Townsite Historic District and adjacent core area...” 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 indicated that they do not plan to enlarge the existing commercial building nor change its overall design. The proposed use would be open to the public between the hours of 9:00 AM to 9:00 PM, Monday through Sunday. The name of the applicant’s company is KRC 17 LLC, doing business as Kenai River Cannabis. Therefore, the applicant has proposed to install two signs on the premises. The sign located above the front door of the premises will be refaced. There will be a free standing double sided sign installed on the exiting sign pole in front of the building. A sign permit will be required for the installation of the signs prior to construction of the signs. The surrounding area is a combination of commercial and residential development. The lots fronting the Kenai Spur Highway are comprised of commercial development; namely, a storage yard and Doyle’s Fuel Service. There is a duplex and residential home directly across the Kenai Spur Highway. There are residential homes located behind the commercial development on Lilac Street. Therefore as proposed, the development would be in harmony with the 2030 Imagine Kenai Comprehensive Plan. (4) Public services and facilities are adequate to serve the propose use; City water and sewer serve the subject property. City of Kenai police and fire department resources are sufficient to serve the proposed use. (5) The proposed use will not be harmful to the public safety, health, or welfare; The proposed use is to establish and operate a Commercial Marijuana Establishment consisting of Retail Marijuana Store, located within an existing commercial building. Pursuant to the submitted application, and KMC 14.20.330(e) the CME would not emit an odor that is detectable by the public. The CME would also require the approval and issuance of a Retail Marijuana Store license from the State of Alaska Marijuana Control Board. The license is subject to the provisions found in Alaska Statue 17.38, an Act to Tax and Regulate the Production, Sale, and Use of marijuana as well as Alaska Administrative Code – Title 3 – Marijuana Control Board – Omnibus licensure requirements and procedures for marijuana establishments. KMC 14.20.330(f) provides that no portion of a CME can be located within the following buffer distances: (1) 1,000 feet of any primary and secondary schools (K-12) and 500 feet of any vocational programs, post-secondary schools including but not limited to trade, technical, or vocational schools, colleges and universities, recreation or youth centers, correctional facilities, churches, and state licensed substance abuse treatment facilities providing substance abuse treatment; and, (2) Buffer distances shall be measured as the closest distance from the perimeter of a stand-alone commercial marijuana establishment structure to the outer boundaries of the school, recreation or youth center, or the main public entrance of a church, correctional facility, or a substance abuse treatment facility providing substance abuse treatment. If the commercial marijuana establishment occupies only a portion of a structure, buffer distances are measured as the closest distance from the perimeter of the closest interior wall segregating the commercial marijuana establishment from other uses, or available uses in the structure, or an exterior wall if closer, to the outer boundaries of the school, recreation or youth center, or the main public entrance of a church or correctional facility, a substance abuse treatment facility providing substance abuse treatment. 18 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). Therefore, giving the above discussion and proposed conditions of approval, staff believes that they proposed Commercial Marijuana Establishment, would not have a harmful impact to the public safety, health or welfare. 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 remodeling of the Commercial Marijuana Establishment as shown on the submitted floor plan. 3. Prior to operation of the Commercial Marijuana Establishment, 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 Commercial Marijuana Establishment, the applicant shall submit a copy of the approved and fully executed license from the Alaska Alcohol & Marijuana Control Board. The applicant shall comply with all regulations as stipulated by the State of Alaska Marijuana Control Board. 5. 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. 6. A Sign Permit will be required for the construction of any proposed signage. 7. The hours of operation shall be from 9:00 AM to 9:00 PM, Monday through Sunday. 8. Pursuant to Kenai Municipal Code Section, 14.20.150(f) the applicant shall submit an Annual Report to the City of Kenai. NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA THAT THE APPLICANT HAS DEMONSTRATED THAT THE PROPOSED OPERATION OF AN APPROXIMATELY 500 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. 19 PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, this 13th day of June, 2018. ___________________________ ATTEST: Jeff Twait, Chairperson _______________________________________ Jamie Heinz, City Clerk 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 THIS PAGE INTENTIONALLY LEFT BLANK 39 MEMORANDUM TO:Planning and Zoning Commission THROUGH:Paul Ostrander, City Manager FROM:Elizabeth Appleby, City Planner DATE:June 5, 2018 SUBJECT: Kenai Municipal Airport Reserve Lease Application – Tract A, General Aviation Apron No. 2 ______________________________________________________________________ SOAR International Ministries, Incorporated (SOAR) submitted a lease application to develop a hangar, office, and parking on the undeveloped portion of Tract A, General Aviation Apron No. 2 within the Airport Reserve. SOAR is current on rent payments for the three lots it currently leases within the Airport Reserve from the City. SOAR proposes to lease Tract A, General Aviation Apron No. 2 for an aeronautical use. SOAR proposes to construct an approximately 120 foot x 180 foot hangar for aircraft storage and maintenance. There would also be a connecting office facility of approximately 100-foot x 110- foot, an aircraft ramp and tie-down area, and parking. Possible activities noted on SOAR’s lease application include flight training, aircraft parts sales, aviation safety meetings, community meetings, and storage of aircraft floats. SOAR requested a lease term of 55 years to start on September 1, 2018, however, the maximum term of a lease allowed under KMC 21.10.080 is 45 years. SOAR proposes to build on the portion of the lot that is currently treed, and would need to subdivide the lot prior to construction. This section of the lot is surrounded by existing development and other disturbed surfaces. SOAR would need to ensure the fence encompassing its development met Airport safety and security standards. Pursuant to KMC 14.20.065, the parcel is within the Airport Light Industrial (ALI) Zone. The purpose of the ALI Zone is to protect the viability of the Kenai Municipal Airport as a significant resource to the community by encouraging compatible land uses and reducing hazards that may endanger the lives and property of the public and aviation users. The proposed aeronautical use by SOAR is a permitted and compatible use in the ALI Zone. 40 Page 2 of 2 Airport Reserve Lease Applications The Imagine Kenai 2030 Comprehensive Plan outlines goals, objectives, and action items for the City, including this one pertaining to the Kenai Municipal Airport: x Objective T-1:Support future development near or adjacent to the airport when such development is in alignment with the Kenai Municipal Airport’s primary mission, “To be the commercial air transportation gateway to the Kenai Peninsula Borough and Cook Inlet.” The proposed use by SOAR complies with the Imagine Kenai 2030 Comprehensive Plan in that it supports development on lease lots and the development is in alignment with the Kenai Municipal Airport’s marketing strategy. The Airport Land Use Plan was developed to identify the highest and best uses of Kenai Municipal Airport land. The Airport Land Use Plan discusses leasing land and enhancing opportunities for local economic development. The proposed use by SOAR complies with the Airport Land Use Plan. It would enhance local economic development. Mary Bondurant, Airport Manager, will review the lease application for compliance with the Airport Land Use Plan, Airport Layout Plan, Federal Aviation Administration regulations, Airport Master Plan, Airport Improvement Program grant assurances, and Airport operations. The Airport Commission will also review the lease application at their July 12 th meeting. Does the Planning and Zoning Commission recommend the execution of a 45-year lease between the City of Kenai and SOAR, contingent upon the Airport Manager and the Airport Commission also supporting the execution of the lease and the inclusion in the lease terms that the parcel must be subdivided prior to construction?The City Council would be notified of the Planning and Zoning Commission’s decision as part of their evaluation of the lease applications. Thank you for your consideration. Cc: Mary Bondurant, Airport Manager 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 MEMORANDUM TO:Planning and Zoning Commission THROUGH:Elizabeth Appleby, City Planner FROM:Wilma E. Anderson, Planning Assistant DATE:June 13, 2018 SUBJECT:Substitute Resolution PZ2018-03 Conditional Use Permit 1817 Sunset Boulevard ______________________________________________________________________ On February 28, 2018, the Planning and Zoning Commission passed Resolution PZ2018-03 for a Conditional Use Permit to operate an approximately 500 square foot Marijuana Cultivation Facility, Limited, within an existing approximately 1,252 square-foot attached garage. The legal description of the property is Government Lot 5, Section 26, Township 6 North, Range 12 West. Resolution PZ2018-03 contained two clerical errors on under items “2.” and “3.” on page 5 of the resolution under conditions set forth to be met by the applicant as follows: 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. A detached garage will not be constructed and an encroachment permit is not necessary. It is necessary for the business owners to submit a copy of an approved business license issued by the State of Alaska, which was not denoted in the original resolution. Accordingly, I have prepared Substitute Resolution PZ2018-03 correcting the clerical errors. The conditions set forth to be met by the applicants are amended to read as follows: 2. A building permit will be required for the construction of the Commercial Marijuana Establishment as shown on the submitted floor plan. 58 Page 2 of 2 Substitute Resolution PZ2018-03 Conditional Use Permit 1817 Sunset Boulevard 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. It is my recommendation that the Planning and Zoning Commission move to amend something previously adopted by Substitute Resolution 2018-03 which corrects the errors outlined in this memorandum. Thank you for your consideration. 59 CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ2018-03 (SUBSTITUTE) 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 500 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 60 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. 61 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 62 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 deadbolts. 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). 63 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. 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 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 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. 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 500 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. 64 PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, this 13th day of June, 2018. ___________________________ ATTEST: Jeff Twait, Chairperson _______________________________________ Jamie Heinz, City Clerk Adopted: February 28, 2018 Amended: June 13, 2018 65 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). 66 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 67 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 68 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 69 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 70 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. 71 ATTACHMENTS: 1. Resolution No. PZ2018-03 2. Site Plan 3. Map 4. Application 72 THIS PAGE INTENTIONALLY LEFT BLANK 73 74 75 76 77 78 79 80 81 82 83 84 COMMISSION CHAIR REPORT FEBRUARY 28, 2018 REGULAR COMMISSION MEETING REQUESTED SUPPORTING MATERIALS ADDED TO PACKET BY: ADD: 6a Site Plan – Changing square footage of Marijuana Cultivation Facility for 498 square feet to 500 square feet J. Huffman 85 86 87 88 89 90 91 92 93 94 THIS PAGE INTENTIONALLY LEFT BLANK 95 MEMORANDUM TO:Planning and Zoning Commission THROUGH:Paul Ostrander, City Manager FROM:Elizabeth Appleby, City Planner DATE:June 8, 2018 SUBJECT:PZ 2017-30 Completeness Review – Conditional Use Permit Application for Surface Extraction of Natural Resources – 4905 Silver Salmon Drive, and further described as a portion of Government Lots 1 and 9, and a portion of the NE ¼ of Section 7, Township 5 North, Range 10 West lying West of Spur Highway and East of the Kenai River (Kenai Borough Parcel No. 04937136) _____________________________________________________________________ Application History: The applicant, Dr. Lavern Davidhizar, submitted a conditional use permit application for surface extraction of natural resources in July 2017 on an approximately 52.57-acre parcel of land. The parcel is located at 4905 Silver Salmon Drive, and further described as a portion of Government Lots 1 and 9, and a portion of the NE ¼ of Section 7, Township 5 North, Range 10 West lying West of Spur Highway and East of the Kenai River (Kenai Borough Parcel No. 04937136). The applicant provided a map of his proposed use in September 2017 that did not contain detailed elevation contours. The Planning and Zoning Commission conducted a completeness review during their meeting on October 11, 2017. Commissioners deemed the application incomplete and requested the applicant provide proposed post-extraction topographical contours drawn to scale and soil surveys. Commissioners also requested the applicant contact the U.S. Army Corps of Engineers and the Alaska Department of Transportation to check for compliance with their permitting processes and regulations. During the February 14, 2018 meeting of the Planning and Zoning Commission, a deadline of May 14, 2018 was selected for the applicant to submit additional information. This deadline was suggested by applicant. It was noted that the Planning and Zoning Commission would hold a 96 Page 2 of 3 PZ 2017-30 Completeness Review – Conditional Use Permit Application for Surface Extraction of Natural Resources – a portion of Government Lots 1 and 9, and a portion of the NE ¼ of Section 7, Township 5 North, Range 10 West lying West of Spur Highway and East of the Kenai River public hearing to approve or reject the application based upon the information provided by the applicant. The applicant submitted additional materials to the City of Kenai in May 2018. These materials included a well test drilling completed in 2018, a summary of soil and groundwater testing completed in 2005, and an elevation-contour map showing the location of the proposed project. The applicant also submitted a letter dated April 26, 2018 from the U.S. Army Corps of Engineers stating the proposed project is outside of their jurisdiction. Summary of Proposed Use as Stated by Applicant: The proposed use would extract approximately 500,000 cubic yards of gravel material over a period of three years. The applicant plans to create two ponds with a maximum depth of 20 feet from the extraction of gravel, topsoil, and overburden. Gravel extraction would be done in winter using an ice road. The applicant would begin gravel extraction at the north and would expand extraction southward toward a private driveway. The applicant states he plans to work long hours and there is no plan currently for future site development. The applicant states the water table is near the surface and that he would not need to fence the site because it cannot be seen from Silver Salmon Drive. He would not backfill any of the extraction site. Kenai Municipal Code Pertaining to A Completeness Review of an Application for Surface Extraction of Natural Resources: Ordinance 2977-2017 (substitute), effective October 6, 2017, amended Kenai Municipal Code (KMC) for conditional use permit applications for surface extraction of natural resources to allow the City Planner to determine application completeness. This application was received prior to the adoption of Ordinance 2977-2017(substitute) and will follow KMC in place at the time of application submission. Therefore, it is the Planning and Zoning Commission that will review the application materials. The proposed use is within the Rural Residential (RR) Zone. Pursuant to KMC 14.20.080, the intent of the zone is to prohibit uses which would violate the residential character of the environment or generate heavy traffic in a predominantly residential area and to separate residential structures in order to prevent health hazards and preserve the rural, open quality of the environment. The Land Use Table allows surface extraction of natural resources in the RR Zone with an approved conditional use permit. Permits may be granted if the proposed use would be compatible with the surroundings and the conditions and requirements are met. Pursuant to KMC 14.20.151, an application for a conditional use permit for surface extraction of natural resources must contain a site plan, narrative statement, proof that the applicant has obtained or is eligible to obtain the necessary licenses, and proof that the applicant is the owner of the subject property. The applicant is the property owner and has obtained or is eligible to obtain the necessary licenses. The applicant has submitted a site plan and narrative statements, both of which are evaluated in more detail per the requirements outlined in KMC 14.20.151(a) and 14.20.151(b). Pursuant to KMC 14.20.151(a), the site plan must be drawn to scale and include dimensions in feet and acres or square feet, have ten-foot contour intervals, show finished topographical 97 Page 3 of 3 PZ 2017-30 Completeness Review – Conditional Use Permit Application for Surface Extraction of Natural Resources – a portion of Government Lots 1 and 9, and a portion of the NE ¼ of Section 7, Township 5 North, Range 10 West lying West of Spur Highway and East of the Kenai River contours, show existing and proposed buildings or structures, show principal access points by trucks and equipment, indicate the existing landscape features, and indicate the nature of other operations to take place on site. The applicant submitted a map of existing contour intervals, but did not indicate proposed finished topographical contours. The dimension of the ponds resulting from the gravel extraction were not given (other than a depth of 20 feet and 500,000 cubic yards of material removal). Assuming a uniform depth of 20 feet in the ponds, the area of extraction would cover 25,000 square yards or 15.5 acres. Pursuant to KMC 14.20.151(b), the narrative statement must contain soil surveys with reference to the average year-round water table throughout the entire acreage, the estimated amount of material to be removed from the site, estimated length of time to complete the operation, proposed hours of operation, method of fencing or barricading the area to prevent casual access, amount and location of natural screening, plans to construct screening, description of operations, plans to shape the land for future use, method of backfilling or replacing topsoil, and proposed future use of the land after development. The Planning and Zoning Commission had requested the applicant provide additional information to meet KMC 14.20.151(b)(1) requiring “soil surveys with reference to the average year-round water table throughout the entire acreage”. In May 2018, the applicant submitted one soil survey from a well drilling and a description of the soil from a past wastewater treatment system study. These materials are not sufficient to describe the average water table throughout the entire acreage over a year. The Planning and Zoning Commission had requested the applicant contact the U.S. Army Corps of Engineers and the Alaska Department of Transportation to check for compliance. The applicant provided a letter from the U.S. Army Corps of Engineers stating the proposed use is not under their jurisdiction. The applicant did not show evidence of contact with the Alaska Department of Transportation. City Planner Recommendation: I recommend the Planning and Zoning Commission schedule a public hearing for this application at their June 27, 2018 meeting based upon the information provided by the applicant. I recommend the Commission conduct a site visit prior to the public hearing. Attachments to this memorandum are all materials submitted by the applicant, inclusive of the applicant’s 2017 application and revised 2018 application. Thank you for your consideration. 98 99 100 101 102 103 104 105 106 107 108 109 110 111 THIS PAGE INTENTIONALLY LEFT BLANK 112 Kenai City Council Meeting Page 1 of 5 June 6, 2018 ACTION AGENDA KENAI CITY COUNCIL – REGULAR MEETING JUNE 6, 2018 – 6:00 P.M. KENAI CITY COUNCIL CHAMBERS 210 FIDALGO AVE., KENAI, AK 99611 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 casetheitem 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 AS AMENDED. Ordinance No. 3022-2018 – Adopting the Annual Budget for the Fiscal Year Commencing July 1, 2018 and Ending June 30, 2019 And Committing $750,000 of General Fund, Fund Balance For Capital Improvements, Amending The Salary Schedule In Kenai Municipal Code Chapter 23.55 - Pay Plan, Amending Employee Classifications In Kenai Municipal Code Chapter 23.50, And Amending Police Department Qualification Pay In Kenai Municipal Code Chapter 23.55. (Administration) x Substitute Ordinance No. 3022-2018 2.ENACTED UNANIMOUSLY. Ordinance No. 3023-2018 – Increasing FY2018 General Fund Estimated Revenues and Appropriations by $13,747 and FY2019 General Fund Estimated Revenues and Appropriations by $35,996 in the General Fund Parks, Recreation and Beautification Department for the Receipt of a Grant from the United States Environmental Protection Agency Passed through the State of Alaska Department of Environmental Conservation for Bacteria Level Monitoring on the City’s Beaches During the 2018 -2019 Personal Use Fishery. (Administration) 3.ADOPTED UNANIMOUSLY.Resolution No. 2018-22 – Approving a Lease of Airport Reserve Lands Between the City of Kenai and Hilcorp Alaska, Inc., for Lot Five (5), 113 Kenai City Council Meeting Page 2 of 5 June 6, 2018 Block One (1), FBO Subdivision and Lot Six (6), Block One (1), FBO Subdivision. (Administration) 4.ADOPTED UNANIMOUSLY. Resolution No. 2018-23 – Approving the Purchase of Two Police Vehicles through State of Alaska Equipment Fleet Contract Pricing at a Total Cost of $71,861, Effective July 1, 2018. (Administration) 5.ADOPTED UNANIMOUSLY.Resolution No. 2018-24 – Amending its Comprehensive Schedule of Rates, Charges, and Fees to Incorporate Rental Rates for Airport Reserve Parcels Pursuant to KMC 21.10.090. (Administration) 6.ADOPTED UNANIMOUSLY.Resolution No. 2018-25 – Fixing the Rate of Levy of Property Tax for the Fiscal Year Commencing July 1, 2018 and Ending June 30,2019. (Administration) 7.ADOPTED UNANIMOUSLY. Resolution No. 2018-26 – Authorizing a Contract with Premera Blue Cross Blue Shield of Alaska to Provide Employee Health Care to City Employees Effective July 1, 2018. (Administration) 8.ADOPTED UNANIMOUSLY. Resolution No. 2018-27 – Authorizing Renewal of the City’s Insurance Coverage with Alaska Public Entity Insurance for July 1,2018 through June 30, 2019. (Administration) 9.ADOPTED UNANIMOUSLY.Resolution No. 2018-28 – Amending its Comprehensive Schedule of Rates, Charges, and Fees to Incorporate Changestobe Adopted in the FY2019 Budget Process to Include Adjusting Monthly Rental Rates at Vintage Pointe and Increasing Fees at the Kenai Municipal Airport. (Administration) 10.ADOPTED UNANIMOUSLY.Resolution No. 2018-29 – Amending its Comprehensive Schedule of Rates, Charges, and Fees to Incorporate Changestothe City’s Animal Control Fees. (Administration) 11.ADOPTED UNANIMOUSLY. Resolution No. 2018-30 – Authorizing a Budget Transfer within the General Fund Legislative to Parks, Recreation & Beautification Departments to Purchase Supplies for the Construction of a Display Pavilion for the City’s Historic Fire Truck. (Council Member Navarre) 12.ADOPTED UNANIMOUSLY.Resolution No. 2018-31 – Authorizing a Budget Transfer for Repairs to the Heating and Ventilation Controls at the Airport Operations Facility. (Administration) 13.ADOPTED UNANIMOUSLY. Resolution No. 2018-32 – Awarding an Agreement to Cook Inlet Spill Prevention and Response, Inc. for the Use of the Cranes, Offices, and Operating Area at the Kenai Boating Facility. (Administration) E. MINUTES 1.APPROVED BY THE CONSENT AGENDA.*Special Meeting of May 14, 2018 2.APPROVED BY THE CONSENT AGENDA.*Special Meeting of May 15, 2018 114 Kenai City Council Meeting Page 3 of 5 June 6, 2018 3.APPROVED BY THE CONSENT AGENDA.*Regular Meeting of May 16, 2018 4.APPROVED BY THE CONSENT AGENDA.*Work Session of May 19, 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 Over $15,000 3.INTRODUCED BY CONSENT AGENDA/PUBLIC HEARING 06/20/2018. *Ordinance No. 3024-2018 – Increasing Estimated Revenue and Appropriations in the General and Airport Special Revenue Funds for FY2018 Fire Department Overtime in Excess of Budgeted Amounts. (Administration) 4.INTRODUCED BY CONSENT AGENDA/PUBLIC HEARING 06/20/2018. *Ordinance No. 3025-2018 – Amending Kenai Municipal Code 14.20.330 –Standards for Commercial Marijuana Establishments and Amending Kenai Municipal Code Chapter 14.22.010 – Land Use Table, to Prohibit Standard Marijuana Cultivation Facilities in Residential Zones. (Administration) 5.INTRODUCED BY CONSENT AGENDA/PUBLIC HEARING 06/20/2018. *Ordinance No. 3026-2018 – Authorizing the Sale of Real Property Described as Lot Six (6) A, Block One (1), Gusty Subdivision, according to Plat 86-76, City-Owned Airport Property Located Outside the Airport Reserve to Pingo Properties, Inc. and Geoffrey M. Graves. (Administration) 6.INTRODUCED BY CONSENT AGENDA/PUBLIC HEARING 06/20/2018. *Ordinance No. 3027-2018 – Authorizing the Sale of Real Property Described as Lot Four (4)A, Block Three (3), Cook Inlet Industrial Air Park Subdivision, 2014 Replat, City-Owned Airport Land Located Outside the Airport Reserve, to Schilling Rentals, a Partnership Owned by David and Michael Schilling. (Administration) 7.INTRODUCED BY CONSENT AGENDA/PUBLIC HEARING 06/20/2018. *Ordinance No. 3028-2018 – Amending Kenai Municipal Code 23.25.060 – Overtime, 23.30.050 – Business Hours and Hours of Work, and 23.40.020 – Holidays to Eliminate the Shift Schedule for the Sewer Treatment Plant Employees. (Administration) 8.INTRODUCED BY CONSENT AGENDA/PUBLIC HEARING 06/20/2018. *Ordinance No. 3029-2018 – Increasing Estimated Revenues and Appropriations in the General and Airport Land Sales Permanent Funds to Transfer Earnings in Excess of Budgeted Amounts to the City’s General and Airport Special Revenue Fund. (Administration) 9.INTRODUCED BY CONSENT AGENDA/PUBLIC HEARING 06/20/2018. *Ordinance No. 3030-2018 – Increasing Estimate Revenues and Appropriations in the Municipal Roadway Improvement Capital Project Fund by the Proceed Amount 115 Kenai City Council Meeting Page 4 of 5 June 6, 2018 from the Sale of Tract A, Dragseth Subdivision 2016 Addition, according to the Official Plat thereof, Under Plat No. 2016-22, Filed in the Kenai Recording District, Third Judicial District, State of Alaska, including All Improvements thereon as Previously Approved in Ordinance No. 2957-2017 (Substitute). (Administration) 10.INTRODUCED BY CONSENT AGENDA/PUBLIC HEARING 06/20/2018. *Ordinance No. 3031-2018 – Amending Kenai Municipal Code 23.10.020- Unclassified Service, to Allow Greater Flexibility in Certain City Benefits Received by the City Manager, Attorney, And Clerk, for Purposes of Recruitment and Retention. (Council Member Molloy) 11.INTRODUCED BY CONSENT AGENDA/PUBLIC HEARING 06/20/2018. *Ordinance No. 3032-2018 – Increasing Estimated Revenue and Appropriations in the Water & Sewer Fund tor Utility Costs in Excess of Budgeted Amounts. (Administration) 12.APPROVED BY THE CONSENT AGENDA.Action/Approval –First Amendment to Agreement for Janitorial Services for Kenai City Hall between the City of Kenai and Integrity Janitorial, LLC. (Administration) 13.APPROVED BY THE CONSENT AGENDA.Action/Approval –First Amendment to Agreement for Janitorial Services for Kenai Airport between the City of Kenai and Precious Janitorial Ind. (Administration) 14.APPROVED BY THE CONSENT AGENDA.Action/Approval – First Amendment to Agreement for Janitorial Services for Kenai Visitor and Cultural Center between the City of Kenai and Precious Janitorial Ind. (Administration) 15.APPROVED BY THE CONSENT AGENDA.Action/Approval – First Amendment to Agreement for Janitorial Services for Kenai Community Library between the City of Kenai and Precious Janitorial Ind. (Administration) 16.APPROVED BY THE CONSENT AGENDA.Action/Approval – First Amendment to Agreement for Janitorial Services for Kenai Police Department between the City of Kenai and Precious Janitorial Ind. (Administration) 17.SPECIAL USE PERMIT APPROVED UNANIMOUSLY.Action/Approval –Special Use Permit to Empire Airlines, Inc., for Aircraft Parking on the Apron. (Administration) 18.SPECIAL USE PERMIT APPROVED UNANIMOUSLY.Action/Approval –Special Use Permit to CPD Alaska, LLC for Aviation Fueling on the Apron. (Administration) 19.SPECIAL USE PERMIT APPROVED UNANIMOUSLY.Action/Approval –Special Use Permit to United Parcel Service Co., Inc. for Aircraft Loading and Parking on the Apron. (Administration) 20.SPECIAL USE PERMIT APPROVED UNANIMOUSLY.Action/Approval –Special Use Permit to Everts Air Fuel, Inc. for Aircraft Loading and Parking. (Administration) 116 Kenai City Council Meeting Page 5 of 5 June 6, 2018 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. 117 118 119 120 121 122 THIS PAGE INTENTIONALLY LEFT BLANK 123 124 125 126 127 128 129 130 131 ADD: Be COMMISSION CHAIR REPORT JUNE 13, 2018 REGULAR COMMISSION MEETING SUPPORTING MATERIALS APPEP TO PACKET Site Investigation Report prepared by Tauriainen Engineering & Testinq REQUESTED BY: Adm i nistration ''tlttf~ UJ/t/e, a Pa~~ Ct'tf UJ/t/e, a h.tv.r-e" 210 F idalgo Ave , Kenai , Alaska 99611-7794 Telephone : (907) 283-7535 I Fax: (907) 283-3014 www.kenai.city MEMORANDUM TO: THROUGH: FROM: DATE: SUBJECT: Planning and Zoning Commission Paul Ostrander, City Manager Elizabeth Appleby, City Planner June 13, 2018 Laydown materials for June 13, 2018 Planning and Zoning Commission Meeting Agenda Item 8c. Conduct Completeness Review of the updated application submitted by Dr. Lavern Davidhizar for a Conditional Use Permit for Extraction of Natural Resources On June 13, 2018, the City received a site investigation report conducted by Tauriainen Engineering and Testing pertaining to Item 8c. Conduct Completeness Review of the updated application submitted by Dr. Lavern Davidhizar for a Conditional Use Permit for Extraction of Natural Resources pursuant to Kenai Municipal Code 14.20.152 and schedule the application for a Public Hearing on June 27, 2018. This application affects property located at 4905 Silver Salmon Dr., and further described as a portion of Government Lots 1 and 9, and a portion of the NE 'Y4 of Section 7, Township 5 North, Range 10 West lying West of Spur Highway and East of the Kenai River (Kenai Borough Parcel No. 04937136). The submitted site investigation report provided information on test probes conducted on June 12, 2018. The test probes determined soils are generally peat and silts, with some coarse gravel below peat at the south edge of the property. Site soils are Salamatof peat, forested (level) and support scrubby black spruce trees. Soils in the area of the previously cleared pad on the property are Kasilof silt loam, nearly level. The Kasilof soils are moist when undisturbed, draughty when the organic surface material is removed, and are underlain with gravel. The Planning and Zoning Commission had requested Dr. Davidhizar submit additional soil surveys at the October 11, 2017 review of his conditional use application. The site investigation report from Tauriainen Engineering and Testing fulfills that request. The applicant has yet to submit additional information on the finished contours for his proposed use, also requested by the Planning and Zoning Commission at the October 11, 2017 review. Given the prior Commission actions and directions regarding this application and the process outlined in Kenai Municipal Page 2 of 2 Laydown materials for June 13, 2018 Planning and Zoning Commission Meeting Agenda Item Be. Conduct Completeness Review of the updated appli cation submitted by Dr. Lavern Davidhizar for a Conditional Use Permit for Extraction of Natural Resources Code , it is time to evaluate the application and either approve or reject the application based upon the information provided in the record and the forthcoming public hearing . I recommend the Planning and Zoning Commission review this laydown document in addition to the documents provided in the packet as part of their completeness review at the June 13, 2018 meeting, and deem the application materials sufficient enough to schedule a public hearing at the June 27, 2018 meeting. The public hearing would evaluate the suitability for the City to grant a permit for the proposed use by the applicant, which is for surface extraction of approximately 500,000 cubic yards of gravel material over a period of three years. Thank you for your consideration . Date: To: Copy: From : Subject: I AURIAINEN ENGI NEERING & I E S T ING 35186 Spur Hwy Soldotna, AK 99669 (907)262-4624 FAX 262-5777 engineeringalaska@gci.net PRELIMINARY REPORT 12June2018 Lavern Davidhizar Mike Tauria inen KPB Parcel #04937136 Site Investigation Report 2 pages + Attachments 18072 We have performed an investigation to determine site suitability for construction of small ponds in a wetland areas . The lower portion of the 52 .57 acre parcel is bisected by an e xisting small road. Soil conditions encountered are typical of Salamatof Peat dominated wetlands and appear suitable for construction of proposed shallow ponds . Sufficient trees and other vegetation will remain to buffer the ponds from the Kenai River. Terrain is typical of forested peat wetland with black spruce and moss tussocks . Based on test probes conducted 12 June 2018, soi ls are generally peat and si lts to six feet below existing surface; however, coarse gravel was encountered near the south edge of the site under a foot of fibrous peat soils . Groundwater table was generally encountered within a half foot of the surface in proposed pond areas. See attached probe logs for detailed information . The parcel is bounded by the Kenai River to the we st and private land to the north, east and south . The parcel is accessed via Silver Salmon Drive to the southeast. The property is within T5N R10W SEC 7 Seward Meridian, Kenai, Alaska . Topography in the proposed pond areas is nearly level . Vegetation is primarily black spruc e and sphagnum moss. The adjacent upland area is forested primarily with white spruce with birch and some alder. According to th e USDA Soil Surve y of Kenai-Kasi/of Area , Alaska , site soil s are "Salamatof peat, forested (level) This soil supports a fo rest of scrubby black spruce, among which there are some b irches and willows . Ordinarily, the trees are very thin and seldom more than 20 feet high . This forested soil has no agricultural value ." Immediately south of the proposed pond 12 June 2018 KPB Parcel #04937136 Page2 Taurlalnen Engineering & Testing Soldotna, Alaska area is a previously cleared pad. Cleared area soils are primarily Kasflof silt loam, nearly level. "The Kasilof series consists of well-drained, very shallow soils underlain by a gravelly substratum .... principal soils of the low terraces along the Kenai and Kasi I of Rivers .... some of these terraces are narrow strips along the river." Soils observed by us were similar to the USDA descriptions. In our professional opinion, sufficient hydrogeologic information is available based on our site soils investigation, USDA Soil Survey, and knowledge of the area to confirm the proposed pond areas are wetland and can be developed as shallow ponds .. This investigation was performed according to TET standard procedures to evaluate site conditions. This report was prepared solely for Lavern Davidhizar to present the findings of our investigation to the City of Kenai regarding suitability for proposed ponds . Information from others considered in this report is believed to be reliable, but no responsibility is assumed for accuracy. Any use of this report, or conclusions drawn, by third parties is at their own risk. This report is based upon application of scientific principles and professional judgement with resultant subjective interpretation based on information currently available within the limits of scope of service, budget and schedule. Conclusions and recommendations stated herein are intended as guidance and not necessarily a firm course of action, unless explicitly stated . If more definitive conclusions are desired than are warranted by currently available information, additional investigation is recommended. TET makes no warranties as to merchantability or fitness for a particular purpose. Due to the variable nature of site soils and hydrogeology, limited investigation, and lack of a complete record of previous site activities, subsurface conditions may vary from information presented. If conditions are found to differ significantly from those described in this report, please contact us. End of Report Text Attachments Test Probe Logs KPB Parcel Viewer Map w/ Contours KPB Parcel Viewer Map w/ Contours and Possible Pond Areas Kenai-Kasilof Area Alaska Soil Survey Excerpts (6 pgs) P:\PROJE CTS\18\072 KPB Parcel 04937138 Oavldhlzar\Pre l!mRpt wpd 12 June 2018 KPB Percel#04937136 KPB Parcel #04937136: Test Probe Logs Teurlafnen Engineering & Testing Soldotna, .t.laska TEST PROBE 1 (12 June 2018) Shallow exc in cleared pad west of proposed northerly pond 0 -3' Silt/Sand/Gravel previously cleared of trees and organics (GM) TD 3' Groundwater Table Encountered at 2.5'TEST PROBE 1 (12 June 2018) Shallow exc immediately south of proposed northerly pond TEST PROBE 2 (12 June 2018) 40' N of cleared pad, level O -6"' Peat, brown, semi-fibrous (PT) 6" + refusal of probe on medium-large rocks TD 6" Groundwater Table Encountered at 0.5' TEST PROBE 3 (12 June 2018) -190' N of pad in low, area -18" below top of tussocks, level 0 -2' Peat, brown, semi-fibrous grading to Silt w/ sm rocks (PT-ML) 2'+ refusal of probe on medium-large rocks TD 6" Groundwater Table Encountered at 0.5' TEST PROBE 4 (12 June 2018) -250' N of pad, level 0 -18" Peat , brown, semi-fibrous, saturated (PT) 18 -40" Organic Silt, dk brown, saturated (OL) 40" Sand, gray, saturated (SM) Groundwater Table Encountered at -0.3' TEST PROBE 5 (12 June 2018)-450' N of pad, level 0 -6" Peat , brown, semi-fibrous, saturated (PT) 0.5' -7.5' Organic Silt, soft-firm, dk brown, saturated (OL) Groundwater Table Encountered at ... o• TEST PROBE 6 (12 June 2018) N edge of wetland; terrain begins sloping up 0 -1' Peat , brown, semi-fibrous, saturated (PT) 1 -2' Sandy SILT, organic, some rocks, firm , tan-brn, (ML) 2 -3' SAND w/ Silt, stiff, gray (SM) Refusal of probe Groundwater Table Encountered at-4" TEST PROBE 7 (12 June 2018) South sector, 100' south of road X ing 0 -1.5' Peat, brown, not fibrous, saturated (PT) 1.5 -4' Peat grading to SILT, sm Sand @4', brn, saturated (PT-ML) 2 -3' SAND w/ Silt, stiff, gray (SM) Refusal of probe Groundwater Table Encountered at-3-6" TEST PROBE 8 (12 June 2018) South sector, 200' south of road Xing 0 -1' Peat , brown, not fibrous, saturated (PT) 1 -6.5' SILT, soft-firm, bm, saturated (ML) 6.5' Firm -stiff, Refusal of probe Groundwater Table Encountered at-6" KPB Paree~ V ~ewerr Printed .Jun ·12 , 20'18 ~\. \ , .. ·. " J •\.,. I h= ,· .I 1 ii: ,, ,·,. ~!. t I', \ 'I '.-, 14 SO JL SURVEY SERIES l 9Ii8, NO. 20 JG to 30 inches +, light browuis h-gray n n<l bl'own fine s ilt loam moi-tled with <larl' red<li s h IJr0\\'11; ntoclernte p laty structure; friabl e but plastic whe n wet ; in plnces the soil s hows patterns, inc\epenc\ent of structure, of brown lea1·es auc\ stems on a light b ro\\'ni s h-grny lllntri x. These soils are strongly acid . T hin laye rs of sand or of more highly organic material occur at. any depth. Karluk silt loam (level) (Kc).-This soi l occurs only in a few small depressions in the nodhern part of the Kenai-Knsilof Area. It is associated with lakes 01· mus- kegs. It has n o inclusi ons of other soil s. (Ma nagement group 11) Kasilof series The Kasilof series consists of well -drnined, very shal- low soils underlain by a gravelly substratum. T hey are t h e principal soils of the low t·errnc es a long the Ke11ai and Kasilof Rivers and a few tributai·y sLre1ims . Some of these terraces are na.rrow strips a.long the ri ver; others are plu.ins as much as hal f a mile wid e. They are sepa- rated from t h e river flood plnins by short esca rpments 10 to 30 feet high. Away from the ri vers, they e ither grade to the aclja.cen t higher terraces or u plan el s or a r e separated from them by another escarpment. Some of the broadeL' terraces have sernrnl levels separated by steps a few feet high. Narrow old stream c hannels c u t through t he t erraces in many places. For the most part, t.hese soils s uppo r t a young, open stand of white spruce, birch, and nspe11 much like that on the Tustumena soi ls. In some places, however , there a.re good stands of ma.Lure white sprnce and birch. Typica.l profile of Kasilof silt loam: 3 inches to 0, (la rl; r ec\dis h-b1·0\\'J1 nnd bi nd; mn t of r oots n11d cl eco111poi:i11g organic material. 0 to 3 inches. ,·e r~· clark brown s il t loam; palc h es aud streaks of dnrk brown a n<l 1·ery dnrk grny; \'(!IT thin lenses of fine sa nd; weak granular strnctnre; 1·ery friable. 3 to 7 inches, dnrk-br o\Yll coarse s il t loam; patc h es um\ strea ks of clurk reddish brown anc\ yell owish brown ; few smnll pe bbl es; wen k granular st ructure; ve r y friable. i to f) in ches, oliYc-brow n fine g rn vell y lonu1; weak blocky strnctnrn ; frinhle to l oose. !J to 30 inf'hes +. s tratifiecl gra1·e\ aml s nllll: str11 d 11re l ess; dark rNhli ~h-1Jrow 11 patc·hes of s li g htly cemented mate rial in the upper 1111 rt. The depth to t.he underlying grrl\"e l ranges from 4 inches to 10 inches. These soi ls are s !1·ongly a cicl at the su rface but a.re less acid with dept h. Kasilof silt loam, nearly level (0 to :1 p e rc e nt slopes) (KfA).-This soi l co nstitutes almost nil t he totnl ac reage of t h e Kasilof so ils. Other than occas ional s pots o J Fore- hrnd soils in places affected by seeps, thern are fe\\' inclu- sions of othe1· so il s . In a few pla ces I he materia l above t.he gmvel is very fi n e sandy loam mther th nn s ilt l oam . The soil is a lm ost ahrnys moist in its 1111cli s tnrbcd c.ondi- tion, but it is clronghty when the mat of organic material on the su rface i s removed . Despite t h is. n fow ga rdens are located on this soil. Several areas are produc ing fair yields of hay. (Ma n agement g r oup 16) Kasilof silt loam, gently slopi ng-(ii to 7 percent s lo pes) (Kf B).-There a r e only a few areas of this soil. Despite the steeper gmclieut, this soil is genemlly as thick its Kasilof si l t l oam, nea rl y l evel. Its a gricultu ra l capacity is the same. (Management. g·1·011p 16) Kenai series The "·ell -drained Kenai soi l s are dominant in areas underln in by fine-textured g lac ial deposits. These so il s a.re ex l ensi\'C. They occur princ ipall y in bro:1cl zo11cs in th e southel'll and centml pa1ts of the K enai -Kasilof Arca and in s maller p a.tches e lse\\'here in the Area. They range from n ea rl y level to steep, bnt they are mos tly nearly level fo rolling. The nalive ,·egetation is <t forest. dominated by ll'hite sprn ce and b irrh bu t i neluclin g a lso fl few a s pens and bal sam poplars . The 11 mlerstory consists of alder, dcvi lsclub, other lo\\' s hru bs, and Jerns. Typica l profile of Kenai s ilt loam: 3 indH's to 0, dark re<lclish-bro\\'n mat of 1·oots nucl dc('0111pos- it 1g-01·gauic nutt eriul. 0 to 2 i nC'llC'S, gray sil t loam molllccl \\'i t h da r k brown; wcuk plnly l<tl'llctnre; friab le . · 2 to ;; ineh es, l.lrown s il t loam; a thin, disconti11uon s , dark l'ed1lish-browu lnJ•e 1· in th e u ppermost purt ; "'eak, fine, b\oc·k.r s trn<:l urc; fl'i11ble. ., to l l i11d1e s, dark )'ellowil;h-1.lro\\'n silt hmm; 1·e1 ",1' \l'Cak l.ll<><·k~· stru c ture; friabl e. l 1 t11 JG inl'l1es , Oli\'e-b r o\\'n ~ilt loam ; large pntd1es of dark ~·t'llo\\'i:>h brow11 ; mnssh·e; friable. rn to 22 inc·hes, olive coarse s il l loam ; moclernt e platy st l'll e- 1 m·e : friab le. 22 to 3G inc·hes +. o!i1·c si l ty el u~· loam; some\\'hal pebbly; massil·e ; Hrm; th is is gl ac·inl till. The depth to the underlying firm t i ll r anges from 10 to 24 inches. The texture of t h e till is si lt. loam t o s ilt y c la.y loam. In many pla.ces the firm t ill is underlain by liiyers of gmvelly O l' sit ndy m:tteria.I. These. soil s :U'e strongly ac1cl near the s urfa ce, but. t hey are on ] v mocler - at e.ly ncid at a greater d e pth. · · Because of the relntively s lo "· pe1·menbi lity of the underlying glac inJ t ill , \\'ate r itccu mulates abo\'e it in the spring. In most. yeal's, howevel', this wate r either pene- 1 rat es sl o\\·ly into the underlying material Ol' moves through the soil above it to lo\\'er lying areas. In mid - s ummer, especiall y in places l hM ha ve been clea r ed nnd cu lt ivated , the s ill y upper p:u·( of these soils may be d ry. Where th e co mpact. und erly in g ti ll is close. to the surface, it int e r feres with t ill age, esp ecial ly tillage for potatoes . Kenai silt loam, nearly level (0 to 3 p ercent s lo pes) (KnAJ .-.. This soil i s the most extensive of (he Kenai soi ls in the A r ea. It cove1·s the broad tops of hi·ll s 1tnd ridges as 1rell a s a r eas at the fool of these hills, where it . is acl jaC'ent to mor e pool'ly drained so ils. Jn !he south- e rn par( of t h e Area, the Kenai soils adjoin brnnd areas of the C'ohoe soi ls . T h e boundary bet ween the nenrly leve l phases of t he Kenai and Cohoe soils is 110! e very- \\'h ere c:lea l'l y d e fin ed. In these area s, inclusi ons of Cohoe s ilt'. Joa m a re common. Other in c lu sions are C'on I Creek s ilt. loam , Clam Gulch s ilt. Jonm , or one of th e pent s, all of whith oct·111· in dept'essions too sma ll to be delineated se parat ely. Northeast of Sol rl:tt n a there are some inclu - s ions o f Kaptom1e anrl So ldat nn soi ls. All these inc:ltt- s ion s are small. (Management. g l'oup 5) Kenai silt loam, gently sloping (3 to 7 perce nt slopes) (K nBJ.-Th is soil occurs in the same general pos itions as Kenai s ilt l oam, nearl y l evel. In general , it has the same in c lus ion s of other soil s. In many places the s urface is undu la ting, and there are numerous short, gen1'le s lopes separat ed by S\Yales or ridges insfertd of long, continuous s lopes. (Management gronp 5 ) 18 SOIL SURVEY SERIES 195 8, NO . 20 Nikolai silty peat (leve l) INpl.-This soil is less poorly dmined than the ot her orgn11i c soils, although :t good pnrt. of it is wet dnring mu ch of the summer. The soil is very sirnngly ilcid t hro nghont, but it has a somewhat, hi l{hc r con t ent of the 111ajor plant nutrients than m ost soils in the A r ea. (Management g roup 11 ) Pincher series The Pincher se ries co ns is t s of imperfec tly cl rained so ils d e veloped over layered, water-laid ma terials tha t arc in shallow d e pressions :ind drainagc ways . Ordinarily, they o ccur in association with the Tustumena soil s <>ll Lile broad plnins that border on mnj or rivers. T hey also occur in l ow p laces in the N:tptowne general soi l area and, infrequently, in t h e Soldntna anti Coh oe soi l area s. Mo s t areas of lhe Pincher soi ls arc covered by g1·as s a11d shru bs, but on some there arc d umps of sp rnce, birch, and aspen. Typical profile of Pincher si It loam: 2 i11c hes to 0, very dni·k bro"'n, decom1>osing organic 111:11.erial; blac k near s urface \\'here t he soil hns be e n hm·ne<I. O Lo 5 inches, very dark brnwn s ilt l oam; dal'k yellowis h · brown mottles n nd patches of bln<:k; weak, line, bloc ky s l ru<:tnre; friabl e. 5 Lo H inches , oli\'e-brow n s ill. loam; \'ery <lnrk g rarish- brown str e aks; weak hl oclcy sll'11ctnre; Crinbl e. H to l!) inc hes , olin-l!rny conri<c s ilt lo am; fo i nl o lh·e·hr own m ottles; mnssh ·e; fri n!Jl e. H> to 22 i nehes , oJh·e -grn ~· l oamy s 111Hl ; loose. 22 t o 30 i n ch es +, luye r ed oliYe·gmy flue s il l 10 11111 and olive-gray snnc1y loom; fll i11t olil·e-brown molli es; tbe s il t l onm is mnssi ve and llrm; t h e s andy loa m is mns!'il'e and frinbl e. These soils are mocl e rnt e ly acid to s lightly acid. The l'e is much varia t ion in the thidrness of the laye r s in t he underlying material. Pincher silt loam (0 tu a percen t s lopes) !P el.-T he boundary between Pinch e r silt lonm and lhe s urro 111 Hling "·ell-drained soils i s ordinarily indistinct. Near these boundaries, small areas of Tns tnmena silt l oam or Nap- t o wne si l t l oam are in c luclccl. (Ma n agem ent g roup 4) Salamatof series The Salama.to£ series co n s is t s of Ye r y poorly drained p (}a t soil s. They are t he most extensive orgarn c soils in the K e nai -Knsilof Area. They a 1·e the pri nci pal soi ls of t.he lnr~e muskegs (fig. H) and occur in many s nialler d epressions in all p a r ts of the Arca. Ordinarily, the Salamalof soil s s npport a wood y rnge- tat io n th at cons is ts o f bog bi r c h , clwnrf will o ws, Labra- dor-ten, and other shrnbs, among which t h e r e arn g rn sses, sedges, and h orsetails . Many arens, however , arc c o,•e r e d by a forest of small blac k s pruce. A m a t. of living sphagnum m oss covers the s urface of these soi ls. The wn.ler table is itlways at or n ear t he s n dace of t h e p eat, alt.hough the s urface i s fai rl y firm in most places . Open arens of water (fi g. 4), proba bly 1·e 1111rnnt s o f shn llow lakes that hu vc been mostly fill e d i 11 hy the peat, arc common , especially in the larger m u s k egs. Typical prnfile (fi g. 5) of S alamatof p eat: (> 0 l.o U inches, dark r e ddis h-brown (piulc wllcn clry ) 111oss; many roots of woocly s hrnbs . G to !) Inches, dark rc <l<li~h-brown mat of moss p eal n11tl roots. 9 to 48 inches +, dnrk retl<ll s h -brown (brown whe 11 tlry ) moss pent mixed wi t h fibrou s p eat. Pi yure 3.-Salamatof peat in a large muskeg. Note s cattel'ing of bl ack s pruce near edge of muskeg and the white spruce and pape1· birch on t he s urrounding uplands. In some areas woody parti c les are buried in 1h e peat , es p eci ally whe 1·e the peat is forest ed. The pent is from 30 in c hes to many feet thick. L aye rs of fi b r o us p eat or of m o l'e fin e ly cli videcl p en t oce 111· in the p rn fil e in so m e areas. The peat is rnry st.ro ng;ly ac id 11en1· lhe surface, but, i t i s l ess 1Lc id at a gTent e r dc pl h. Salarnatof peat (level) ISol.-M ost areas of this soi l iu·e either 11 of, fo r ested o r h n.,·e only il few iso lated c lumps of black spruce. P atches of lhe mol'e shall ow Dor oshin peat, are in cluded n ea r the edges o f some m uskegs. Some patc hes of the morn finely div ided Starichkof peat are inclurled, especiall y in the sout hcrn part of the K cnai- Kas i lof Arna. Salamatof peit l. ca11 110L be drained s u c- cessfolly. J.t s only ag ri cultural rnlue li es in its being used fo1· l imited gmzing. (Mana ge111 ent. group 19) Salarnatof peat, forested (level ) (Sb).-Th is soi l su p - port s a fores t o f scrubby b lack s prnce, among which t h er e :tre so111e birc h es and "'i llo \\'S. Ordinarily. t h e trees itr e \'ery t hi n nnd seldom more than 20 feet high . As a rnle, th e r e arn more "·ootly partic les in this fo rested peat thnn in the Salamalof p eat co1·ered by the 1011· scrubby vegetation . T h is forested soil h as n o agric u ltu ral valu e. (1Vfa11n.gc m e nt. grnup 22 ) Sea clifl' Sea cliff (Janel type) (Sci. There a r e steep sea cliffs almost. eve r y whe r e along the coastline of th e K cn a i- Ka si lof Area ; they a r e iute rntpt ed o n ly ut the months o f Figure d.-Shallow pond in cenle r is co mmon feature of most mue kcl{s. Grassy cover is bord e r e d by a stand of bla ck spruce. 40 SOIL SURVEY SERIES 1958, NO. 20 TABLB 6.-E ngineering Suitabili ty a s m ateria l for-Suit ability ns ll source of-Properties sign ifi ca nt in vert ic a l a linemen t of h ighways So il type Susceptibility to frost action R oad s ubgrndc Roa d fill (und isturbed (di sturbed material) material) Topsoil S1md 11 11d gravel Material Druinnge Island silt lou.m ___ High ______ ---Fa ir tu poor__ Poor _________ Good_ .. _____ Good to Sil ty ill 11ppc r-IJ cc p lo wat er fnir ; grnvel most 2 to 3 t a bl e. :;ubs tratu m fee t ; grnvel be low IL at grea ter depth of 2 de pth . to 3 fe e t. Kal ifo ns ky silt Hi gh _________ Fair to poor Poor iu up-F ri ir_ _. __ .... Poor; s ub-S il ty in upper-lligh wutcr loam . in upper-pcrmo st I stratum is most I t o 2 Lnblc. mos t l t o 2 to 2 feet; gravel or feet; well - feet; good good at sand but is g raded gra\'e l a t greate r g reater ordinarily at greater depth. d epth. below the depth . water t able . Karluk sil t lua111 .. _ High _________ Urnm itabl c . __ . Unsui table ____ Good .... ___ .. U11 s ui tu.u lc ____ Diatomaccou s 8 casona ll y earth. high water t a ble. Kasilof si ll, loam . __ High in up-Fair t o poor Poor i11 up-Poor._._ .. _ .. Good; gravel Silty in upper-Dee p to wale r p er most in uppe r-pcrmost s ubstratum. most few t able . few inches; most fe w few inches; inches ; gravel low at inches; good at a t greuter greater good at grea ter depth. depth. ~re ater depth . ep th . K enai sil t loam ____ High i n up-Fni r l o poo r ... Poor in up-Good .... ___ . _ Unsu it able .. __ Silty in upper-Deep to permost l permos l 1 most 1 t o 2 wa le r table; l o 2 feet ; t.o 2 fe et; feet; clayey s ubstratum moderutenl good at and compact is slowly greater greater be_low. pe rmeable . depth. depth. JGlley snndy loam _ Moderat e . ____ Fni r .. _. __ • _. _ F11il·----------Fair to poo r ___ Poor ; sub -Sund mixed S cnsoually s trntum is with silt i11 high wn ter san d b ut is uppermost. ~ I.able . o rdinari ly fet>t .. below t he water table. Longmare sil t High _________ F uir l.o poo r Poor in up-Gout! .... __ ... Good; g r o.ve l Sil t y in u pper-I ndurated loam _____ . _____ in upper-pcrmost 2 s ubstratum. most 2 t o 3 l a yer mny mos t 2 to a t o 3 feet; feet; grnvel r estri ct feet; good good at at greater drain ngc . ut gr eat er greater depth, bu t rlepth. d epth. induruled in upper par t . :\loose Rive r silt H igh'------__ Go od to fair __ Go od _________ P oor __ •• _. -. _ Poor; fin e Silty in up per-High waler lo a m. s and a n d most few t nble. gravel but i nches ; fine or dinarily sand an d below wa-grav el a t ler t n ble . gr eater dept h . Naptowne si lt High in u p-Fair to poor Poor in up-G ood __ . _____ . F a ir ; gravel Silty in u pper-Dee p t o loam . permost 1 in upper-permost 1 m ixed with most 1 to 2 wn lcr l n b lc. to 2 feet; most I t o 2 to 2 feet; silt in sub-feet; gravel moderate feet ; good good at stratum. mixed with at grea ter n t greater ~renter silt at gre a ter de p th . depth. epth . depth. Nikishkn s il t loam_ Hig h i n up-F a ir to poor Poor in np-Good _ ...• -..• G ood; g ra vel Silty in uppe r -D eep t o permost 1 in upper-p ermost 1 s ubst-r atum. most 1 foot.; wat.cr t.ub lP. foo t ; low at most I foot; foot; good grave l a t g reater good at at greater greater depth. depth. ~reatcr depth. ( ept,h . S ee footnotes :1 t end of tab le. KENAI-KASILOF AREA, ALASXA 4 1 interpretations of soils-Continued Properties that affect eultablllty ror- Properties that alfec~ ~ricultural Remarks Farm ponds dr nage Terraces and Waterways Irrigation diversions Reservoir area Embankment Highly Silty material -------------------·------------Moderately ------------------permeable unstable; hi~h water- substratum. gravel has ho ding good stability capacity. and is permeable. Highly perme-Silty material un-................................ .. .. .. .. .. ... .. -..... -... -.... -.... -... -.... --.......... High water table; able sub-stable ; ~ravel highly rsirme- stratum. has goo stabll-able eu stratum. ity and is per- meable; usually wet in natural state. Slowly perme-Unstable ____ -____ --------------------------------~h water-hold-Seasonally high able . ng capacity. water table; slowly perme- able soil. Highly perme-Silty 1nateri11.I uu-Very shallow ----------------Low water-holrl-Highly permeable able substra-stable ;Jravel over gravel Ing capacity. rmbstratum. tum. has go eta-substratum. bllity and is permeable. Slowly perme-Silty material un-Compact, slow-Erodible ________ Water-holding Slowly permeable Thickness of silty able substra-stable; substra-ly permeable cap~re-substratum. material over tum. tum fairly substratum. strlo by substratum may stable. substratum. be as little as 1 foot . Permeable ma-Fair stability; per-------------------------------------------------Seasonally high Silty lenses and terial. meable. water table; pockets in up- permeable soil . per /iart of pro le. Permeable s11b-Silty material un-----------------............ ---------Moderately high Moderately per- stratum. stable ;Jr a vel water-holding meable soil; has go sta-capacity. seasonally, wa- bllity and Is t er may perch permeable. on indurated layer. Highly perme-Sand and gravel --------------·· --------------------------------High water table; able substrar have good star li~hly r,rme-tum. bility and are ab e so 1. permeable; usually wet in natural state. Permeable sub-Silty material un-Gravelly sub-Erodible ________ Moderately high ------------------stratum. stable; gravelly stratum; few water-holding substratum has boulders . capaeUy. .. good stability and is perme- able. Highly perme-Siltfu material un-Shallow over Erodible ____ -___ Fairly low ------------------able subetra-s ble; ~ravel gravel sub-water-holding tum. has goo stabil-stratum. capacity. ity and is per- meable. 42 SOlL SU H\'GY SERIES 1 958. NO. 20 TABl,E 6.-Engi.necriny --------------------------~11it11bility :1s 111:11Ni:1l fo r --' f;11it:1hilit\' :1,. :1 ,.011n ·r o f ·· 1 l'ro1wrti l·~ 8il(nifh·nn~ in ,·cr liral : S oil 1.ypc l 'i111'1 1N ,.ill ln;ll ll . ~11 ,c rpl ihili1 .'· Lo fro '~ :i c l ion lliL?.li lli gh Ho:1d ~11 b g r :1de I (11mli:.:t.11rlwd 111:11rri:d ) I I F:1ir l 11 prn 11. i \ ~!'!I c lifl (\:1 11°1 ·\ t y p r ). SJikok rn 1w k .'· =-ill I loam . I :'oldnt11a :.:i lt 1011111 I Stnrid1kof p t>:il . __ . 'l'icl:il f\;l l-•.. -. • Torpndo 1.:tkl' :-ill lo am . lli1.d 1 lli!!h ill lip· jW rlll O'\ I 10 2 f1•1·I : low :11 !!:rcat1•r d r pth . 1 l i ~.dl :'l l n d1·r:1 11· ..• II ig h l o moch ·r:1l1 -. I I l 1t 1nr I I !·air lo p our i 11 11 pptr· 111 0:'\ I t o 2 il't'l; good at grr:11l·r d t•pth. l' 11 :.:11i l :il1h· . I . :1li11 r 111r111 o f hiJ?.l"rn.''" --------,------ l lond fill ld i,tmb1"l lllil l l'l'ial) 1 ·,.~11i1:1hk l 't 1111' I 1iH11" l'uor i11 n p- p <'r m o,1 \O 2 fprl: ~oocl at !!l'l':lll'I' dt•pllL 1·11-11 i1:1hl1 · F:iir l l'oor in lip· p~rlllO "l 2 fret ; f:I ir t ;oml l ' 11 !-1111 :i hi•· I ;oocl: l!r:l\'<'I Cir ,.:111<1 ,.u!J•I r:1- t1rn 1. .\1 a l Ni:il :-;;11 .'· I'""' Cl\'l'I' ... :t11cl~· ~u h­ ~\ rat111 11. :0-:ilt.\ Ill 11 pjll'I._ 111 n•I I 10 2 f1 •1•t , ~t 1·:11 i- li1•d al \!.1'1':dt•f 1l1•pl 11 I 11 •:1 I 11\ !'I° :"I ll\ nr ..:a11il .\· ... ,ih- .... 1 ra ' "'"· :-:ill\ 111;1ll'l'i1il, h.iJ!,h in or- g:111i1· 11 1:11 lt•r. :-:ill~· in 11ppcr- 1n o"1 I 10 '2 [Pl'I: gr:t\'l'I o r •:1 ;1c1 :1 1 gn·:111·r rl1·p 1l1. l '1 ·:t I \J\'l'I' "ill \ o r >':tn d y •1iti - .. q f:ll l lllL 1:it1t'·gr:1i1 u ·d 111:1I1·r i:tl. :-:;11.' in 11 ppt'r- 11H>•I 2 f1·l'l: cl:t,\'l'." :11 grea ter t i<'plh. ~··a ~o11:1lh' hil\h w:11t ·r l:1hh·. :-: .. :1-1111 :111" high \\;111 ·1 l:i h l•'. .\I\\ :i \, \\'t •I 1 •• ~u r f :I(·•· . ll igh \\:llf'\' l:thl•'. f)rcp l n "'" lrr i tnhll'. :\IW:ll'" \\'t'I "":r:11·1· . 11 i..,,h "."I,., t :ihlC'. S1·;1 ~0 1 1:1ll,· high \\·:111•1' 1:1hh·. I ~\ t g;rC'a 1 <·r depth . t ;oud: gra \'t'l ur :-iHl\d ,.11 1>.-1 r:1- :-:illy i n 11p1wr- 111us 1 I 10 2 f <:l'L; gr:H·<'l or ~an d tll grral<'f d t •plh. Dl'l'P 10 \\nl<'I'' T11 ;;t11nw na !-i ll lon m . ll i11h i11 \l)l• p e rmo>'l I 10 2 fr l'l' !OW :II 0 J!,r<':ll \'I' clrpth. Fair 10 p 1H11 in upp1•r - 1n o:.:1 t lo 2 reel; l(o u<I il \ µ,rt•:tl Pl' rlt•plh l'oor in lip· pl't'll1ll='l I l O 2 f<'l•I : good ul p;r e :11Pr rh•pth . t 111 11 . l :1 h lf> KENAI-KASILOF AREA, ALASKA inter-pretations of soils-Continued P roper t ies thnt nffecL suitflbility for- Farm ponds Terraces 11 nd diversions Res ervoir area Permeable sub- s tratum. Sandy lenses in substra- tum. l'vlo cl erately permeable. Highly perme- able substra- t um . S lowly permeable. Slow ly perme- able s u bstra- tum. Highly perme- able s u b- stratum. Embankment Peaty matcriul unstable. Silty material un- stable; m ixed material in s u b- stratum stable; moderately permeable. Unstable. _______ .. _ Siltv mo.terinl u11- stnble ; gravel aud sand have good stability and are per- meable. Fair s tability; usually too wet for compaction in natural s t ate. Siltv material un- stable; clayey substratum moderately s table. Si!Ly materinl 11 11- stablc ; gra vel and sand have good stn.bili t,y and a rc pcrrnen.bl c . Gravel or san d s ubs tratum. Gravel or sand substmtum. Waterways Ernrl ihl n. ______ _ l rrigtttion High wutcr- holding ca- pacit~·. Modcmtely high w:iter- holding cn.pncity. Modcrntcly high W!lter- holding capacity. Erodible ________ Modcratclv hi gh wai:c r- h o ld i ng capflcity. Properties that afTect agricultural drainage Seasonally high water table; µermcable s uh- strutum. Seasonally high water table. _ _ Water t11l>le a t. surface. Water table at s urface. H igh water table ; s lowly perme- able material. Season a lly hi gh water table; s lowly permea- able sub- stratum. 43 Remarks Depth to under- lying sand varies from 2 to more than 4 fe e t. Peat 111 ust l>c rr- movcd before cmb1.mkn11:rnts can be cou- structed. May be source of cons truct ion mater ial. Gwvcl substr11t11m more common than sand ; sand occurs princi- pall y along secondarv streams.· Peat must be re- moved before embankments can be con- struct.eel. Fine-grai ned and coarse-grained t idal deposits that nrc inun- dated dnil y. i\fay hav e peat lense s i11 profile . Stony layers common. Gravel sul>strntum more cornmou thnn sand.