HomeMy WebLinkAbout2018-06-13 Planning & Zoning MinutesKENAI PLANNING & ZONING COMMISSION
REGULAR MEETING
JUNE 13, 2018-7:00 P.M.
KENAI C ITY COUNCIL CHAMBERS
2 10 FIDALGO AVENUE, KENAI, ALASKA
CHAIR JEFF TWAIT, PRESIDING
MINUTES
1. CALL TO ORDER
Commission Chair Twait called the meeting to order at 7:00 p.m.
a. Pledge of Allegiance
Commission Chair Twait led those assembled in the Pledge of the Allegiance.
b. Roll Call
Commissioners present:
Commissioners absent:
Chair J . Twait, Vice-Chair R. Springer, D. Fikes , K.
Peterson, G. Greenberg , J . Halstead, V. Askin
Staff/Council Liaison present: City Manager P. Ostrander, City Planner E. Appleby, Deputy
City Clerk J. Kennedy, Planning Assistant W . Anderson,
Council Liaison H. Knackstedt
A quorum was present.
c. Agenda Approval
Chair Twait noted the following addition to the packet:
Add to item 8.c. Resolution PZ17-30
• Soil Sample Report
MOTION:
Commissioner Askin MOVED to approve the agenda with the add ition for Item 8(c) as noted and
Commissioner Peterson SECONDED the motion. There were no objections; SO ORDERED.
d. Consent Agenda
MOTION:
Commissioner Peterson MOVED to approve the consent agenda and Commissioner Springer
SECONDED the motion . There were no objections; SO ORDERED.
*All items listed with an asterisk(*) are considered to be routine and non-controversial by the
Commission and will be approved by one motion . There will be no separate discussion of
these items unless a Commission Member so requests, in which case the item will be
removed from the Consent Agenda and considered in its normal sequence on the agenda
as part of the General Orders.
e. *Excused absences -None
2. *APPROVAL OF MINUTES: May 23, 2018
The minutes were approved by the Consent Agenda.
3. SCHEDULED PUBLIC COMMENT: (10 minutes) None scheduled .
4. UNSCHEDULED PUBLIC COMMENT: (3 minutes)
Bruce Richards, Kenai resident, expressed opposition in PZ17-30 and noted he intended to speak
at the public hearing if the application was deemed complete.
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
City Planner Appleby reviewed the staff report and noted the existing building was constructed in
1979 for a convenience store, and more recently used by Metal Magic. Appleby added that the
applicant did not intend on changing the design and only intended on using 925 sq . ft. of the
building for the commercial retail store. Appleby noted that the applicant was aware that this would
not include a cultivation facility, and that the lot adjacent to the property was owned by the
applicant so it may be used as a parking area . Appleby added that the City received two formal
complaints, as provided in the packet, objecting this application and one informal phone call
supporting the application .
COMMISSIONER HALSTEAD ARRIVED AT 7:08 P .M.
City Planner Appleby recommended based on the application and a review of the criteria required
that the proposed Conditional Use Permit for the establishment and operation of a Commercial
Marijuana Establishment consisting of a Retail Marijuana Store be approved, subj ect to the
following conditions, as outlined in the packet:
• Further development of the property shall conform to all State and local regulations;
• A building permit will be required for the remodeling of the Commercial Marijuana
Establishment as shown on the submitted floor plan ;
• Prior to operation of the 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;
• 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
Planning and Zoning Commission Meeting
June 13, 2018
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Control Board . The applicant shall comply with all regulations as stipulated by the State of
Alaska Marijuana Control Board ;
• Pursuant to Kena i Municipal Code Section 14.20.330(e), the Commercial Marijuana
Establishment shall not em it an odor that is detectable by the public from outside the
Commercial Marijuana Establishment;
• A Sign Permit will be required for the construction of any proposed s ignage ;
• The hours of operation shall be from 9 :00 AM to 9 :00 PM , Monday through Sunday; and
• Pursuant to Kenai Municipal Code Section , 14.20.150(f) the applicant shall submit an
Annual Report to the City of Kena i.
MOTION :
Commissioner Peterson MOVED to approve Resolution No. PZ2018-16 with staff
recommendations and Commissioner Askin SECONDED the motion .
Chair Twait opened the floor for public testimony; there being no one w ishing to be hea rd , public
comment was closed.
VOTE:
YEA: Springer, Peterson , Fikes, Askin, Greenberg, Twait, Halstead
NAY:
MOTION PASSED UNANIMOUSLY.
Chairman Twait noted there was a 15-day appeal period.
7. UNFINISHED BUSINESS -None.
8. NEW BUSINESS:
a. Discuss and Recommendat ion -Airport Reserve Land Lease Application for property
located a t 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
City Planner Appleby reported that 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. She noted the proposed
lease term is 45 years to start in September 2018 and SOAR would build on the portion of the lot
that was currently treed , and would need to be subdivided prior to construction. She added that
SOAR was current on rent payments of the three lots it currently leases within the Airport Reserve
from t he City.
Appleby noted that Airport Manager Mary Bondurant reviewed the lease appl ication and agreed
it was consistent w ith t he Airport Land Use Plan , Airport Layout Plan , Federal Aviation
Administration regu lat ions, Airport Master Plan, A irport Improvement Program grant assurances,
and Airport operations. She added the Airport Commission would also review the lease
application at their July 12 meeting .
Pl ann ing a nd Zoning Com m ission Meeti ng
June 13, 2 01 8
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MOTION:
Commissioner Peterson MOVED to recommend approval to Council of the Airport Reserve Land
Lease Application by SOAR and Commissioner Halstead SECONDED the motion .
VOTE:
YEA: Halstead, Peterson, Fikes, Askin , Greenberg, Twait, Springer
NAY:
MOTION PASSED UNANIMOUSLY.
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
City Planner Appleby noted that 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. Appleby noted the detached garage would not be constructed and an
addition to the resolution would be the requirement that an approved business license issued by
the State of Alaska be submitted . Appleby clarified that the changes were to correct clerical errors
in the resolution so that the permit accurately reflected the intended use and would include the
requirement that the City of Kenai receive a copy of the business license .
MOTION:
Commissioner Springer MOVED to amend something previously adopted by replacing with the
substitute resolution PZ2018-03 and Commissioner Greenberg SECONDED the motion.
VOTE :
YEA: Peterson , Fikes, Askin, Greenberg, Twait, Springer, Halstead
NAY:
MOTION PASSED UNANIMOUSLY.
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 X of Section 7,
Township 5 North , Range 1 O West lying West of Spur Highway and East of the Kenai River (Kenai
Borough Parcel No . 04937136)
City Planner Appleby clarified the purpose of this item was to review the materials submitted for
completeness , not debate the permit request. Appleby reviewed the staff report and provided the
application history. She noted the laydown material fulfilled the previous request of the Planning
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June 13, 2018
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and Zoning Commission for additional soil surveys .
Commissioners agreed the application was complete and expressed support in a public hearing
as recommended by staff. ·
MOTION:
Commissioner Greenberg MOVED to deem the Conditional Use Permit application by Dr.
Davidhizar complete and schedule a public hearing on June 27; Commissioner Askin
SECONDED the motion .
VOTE:
YEA: Fikes , Askin , Greenberg , Twait, Springer, Halstead, Peterson
NAY:
MOTION PASSED.
9. PENDING ITEMS: None.
10. REPORTS:
a . City Council -Council Member Knackstedt reviewed the action agenda from the June
6 City Council Meeting; noted the FY2019 budget was approved.
b. Borough Planning -Commissioner Fikes reported that the Commission met on June
11; noted four plats were approved, one was a final approval, three were preliminary;
there were two limited marijuana cultivation facility applications , one was in the Ninilchik
area and one was in the Kasilof area, both were recommended to the Assembly for
approval; and there was one conditional land use permit for material site modification
that was approved.
c . Administration -City Planner Appleby noted that there would likely be a series of work
sessions upcoming to discuss the Kenai Zoning Code and Land Use Table for marijuana
in addition to possibly modifying the Kenai Sign Code, clarifying it was not sufficient and
could use revamping . Appleby also reported on the following:
• The lease map for available parcels within the airport reserve was now available
online;
• She attended the Kenai Peninsula Borough Alaska L&G Work Committee meeting
for Council Member Glendening and a motion was made for the Mayor to request
that Alaska Gasline Development Corporation investigate some additional water
sources;
• She attended a conference for the FAA and gained useful information regarding
airport land leases and sales; and
• The City is preparing for the upcoming Dipnet Season and she recommended
everyone download the Dip Kenai app .
City Manager Ostrander clarified that the May 14 deadline for Resolution PZ17-30 was originally
established to get this meeting 's review scheduled . He noted that the applicants were allowed to
submit materials up until the meeting date and clarified that the decision at the public hearing on
Pla nning and Zoning Commission Meeting
June 13, 2018
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June 27 would be based on the materials provided at this meeting. Additional information from
the applicant would not be forthcoming .
11. ADDITIONAL PUBLIC COMMENT
Kenai Resident, John Hammelman spoke in opposition of the Resolution No. PZ17-30 . He noted
some of the supporting materials in the application packet were deceptive, specifically on page
102 of the packet, Wetlands Investigation. He noted that it was only one of 52 pages available
with clearer and more detailed views, if requested. Mr. Hammelman further noted on page 109 of
the packet, the cover letter by the Alaska Consulting and Environmental Engineering on behalf of
property owner, Travis Hall, requested Alaska Department of Environmental Conservation
(ADEC) plan approval of the proposed wastewater system . He clarified that he contacted ADEC
to find out if it was approved but there was no information available about it or even the fees that
would be associated with it. Mr. Hammelman added he then contacted the Waste Water Division
and they were unable to find that it was ever processed. He clarified that page 109 was simply a
cover letter requesting approval and it means nothing . His final point regarded his contact with
the Conservation Fund of Alaska and their interest in purchasing the wetlands down below. He
noted they would pay fair market value, even with the current pad in place; if any additional work
were done there though, the Conservation Fund would no longer be interested . Mr. Hammelman
advised the City to contact the Conservation Fund as well as the Nature Conservancy.
12. INFORMATIONAL ITEMS-None.
13. NEXT MEETING ATTENDANCE NOTIFICATION: June 27, 2018
City Planner Appleby noted an upcoming site visit on Tuesday, June 19 at 6 :00 p.m. to the
neighborhood and proposed gravel extraction site as in Dr. Davidhizar's application.
14. COMMISSION COMMENTS & QUESTIONS
Commissioner Fikes thanked the City Manager for clarification on policy and procedures moving
forward with the application.
15. ADJOURNMENT
There being no further business before the Commission, the meeting was adjourned at 7 :51 p.m .
Minutes prepared and submitted by:
Planning and Zoning Commission Meeting
J une 13 , 2018
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