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Home My WebLink About2018-07-25 Planning & Zoning MinutesKENAI PLANNING & ZONING COMMISSION REGULAR MEETING 1. CALL TO ORDER JULY 25, 2018 -7:00 P.M. KENAI CITY COUNCIL CHAMBERS 210 FIDALGO AVENUE, KENAI, ALASKA VICE CHAIR BOB SPRINGER, PRESIDING MINUTES Commission Vice Chair Springer called the meeting to order at 7:02 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, D. Fikes, K. Peterson, G . Greenberg , J. Halstead, V. Askin 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 Askin MOVED to approve the agenda and Commissioner Halstead SECONDED the motion. There were no objections ; SO ORDERED. d. Consent Agenda MOTION: Commissioner Peterson MOVED to approve the co nsent agenda and Commissi oner Halstead SECONDED the motion. There were no objections; SO ORDERED. *All items listed with an asterisk (*) are considered to be routine and non-controversial by the Commission and will be approved by one motion . There will be no separate discussion of these items unless a Commission Member so requests , in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders . e. *Exc used absences -Jeff Twait. 2. *APPROVAL OF MINUTES: June 27, 2018 The minutes were approved by the Consent Agenda. 3. SCHEDULED PUBLIC COMMENT: (10 minutes) None scheduled. 4. UNSCHEDULED PUBLIC COMMENT: (3 minutes) None. 5. CONSIDERATION OF PLATS-None. 6. PUBLIC HEARINGS -None. 7. UNFINISHED BUSINESS-None . 8. NEW BUSINESS a. *Resolution No. PZ2018-35 -Application for a Home Occupation Permit to operate a gunsmithing, repair, and selling of firearms business from the existing garage located at 115 Haida Dr., submitted by Andrew Whipple, 115 Haida Dr., Kenai, AK 99611 The rules were suspended and consideration was taken to amend the motion of the Consent Agenda . MOTION TO AMEND: Commissioner Peterson MOVED to amend the Consent Agenda, removing item 8(a) and Commissioner Askin SECONDED. There were no objections; SO ORDERED . City Planner Appleby reviewed the staff report and explained how the applicant's intended use met the development requirements for a Home Occupation Permit. Appleby noted that City Staff recommended the Planning and Zoning Commission approve the application for a Home Occupation Permit to operate a gunsmithing, repair, and selling of firearms business from the existing garage on this residential property, subject to the following conditions: • Applicant must comply with all Federal, State, and local regulations, including , but not limited to regulations imposed by the Bureau of Alcohol, Tobacco, and Firearms; • Prior to operation, the applicant must submit a copy of the federal firearms license issued by the Bureau of Alcohol , Tobacco, and Firearms to the City of Kenai ; and • If the Fire Marshall for the City of Kenai deems it necessary to perform a fire inspection, pursuant to KMC 14.20.230(h)(2), the premises shall be inspected for compliance with the Fire Code (KMC 8.05). Failure to comply with the Fire Code (KMC8.05) shall be grounds for the suspension or revocation of the home occupation permit. MOTION : Commissioner Peterson MOVED to adopt Resolution No . PZ2018-35 with staff recommendations and Commissioner Askin SECONDED the motion. It was noted a clerical error was made only on the agenda and the resolution number should be PZ2018-17. Staff noted the number change in the motion by Commissioner Peterson. There were Planning and Zoning Commission Meeting July 25, 2018 Page 2 of 4 no objections to the correction being reflected in the motion. Vice Chair Springer opened the floor for public testimony; there being no one wishing to be heard, the public testimony was closed. Clarification was provided that there would not be any use of heavy machinery, alleviating any noise concerns. The applicant also clarified that he did not apply for a manufacturing or reloading license and the business would be focused on adjusting sights, cleaning, polishing , and tampering . He added that he did not intend to move in the near future , as it would result in having to re-apply for his license to operate the business . VOTE: YEA: Springer, Halstead, Peterson, Fikes , Askin , Greenberg NAY: MOTION PASSED UNANIMOUSLY. b. Commercial Marij uana Facility Update -Statistics on facilities permitted by the Planning and Zoning Commission City Planner Appleby reviewed the Marijuana Facility Statistics as provided in the packet with maps showing the location of all facilities, manufacturing facilities, retail facilities , and cultivation facilities within Kenai. She noted two marijuana facilities were denied approval. The standard cultivation facility, Lone Fox Farms was deemed incompatible within the residential zoning district while the other facility, Majestic Gardens did not meet buffer requirements. Neither of them were included on the maps . Appleby additionally noted the Kenai Police Departmen t received no calls for service at any of the addresses for permitted marijuana facilities. She further reported that the discussion of State of Alaska onsite use regulations was delayed and expected in August. Appleby noted that City staff recommended the Planning and Zoning Commission not spend time at present considering updates to the Kenai Municipal Code related to marijuana facilities until after the State's discussion on onsite consumption was determined . The City Planner was thanked for the report and update. 9 . PENDING ITEMS : None. 10. REPORTS: a. City Council -Council Member Knackstedt reviewed the action agenda from the July 5 City Council Meeting. He specifically noted the Kenai Municipal Airport Terminal was going through a substantial design change phase and provided an update on the status. b. Borough Planning -Commissioner Fikes reported that the Commission met on July 16; noted five plats were approved; specifically noting a controversial one that was approved, located off Ciechanski Road , Virginia Drive with covenants and restrictions. She added that a conditional land use permit for a cannabis business was approved ; and an extraction site use permit on an Anchor Point homestead lot was not approved Planni ng and Zoni ng Commission Meeting July 25, 2018 Page 3 of 4 and may go to the Board of Adjustment for review . c. Administration -City Planner Appleby reported staff has been helping manage the dipnet personal use fishery, responded to some land sale and leasing inquiries, and was updating policies and tracking procedures, including lands as part of a larger effort of to create a City alliance plan . She noted updating the Sign Code was a priority. She further reported that she attended the Rotary Club of Soldotna 's Economic Development Forum on July 23 and expected that surveys would be sent to residents of Kenai. She clarified that the result would be a report of industries that were compatible and desirable to be located within the City of Kenai , the Kenai Peninsula Borough and possibly the City of Homer and City of Soldotna . Appleby clarified the Kenai Sign Code was not clear and not concurrent with Federal law about s igns. She noted she would have an update and timeline at the next Commission meeting. 11. ADDITIONAL PUBLIC COMMENT -None. 12. INFORMATIONAL ITEMS a. Planning and Zoning Resolutions -Second Quarter 2018 b. Code Enforcement -Second Quarter 2018 c. Building Permits -Second Quarter 2018 d . Memorandum of Agreement Between City of Kenai and Kenai Municipal Borough for Hazard Mitigation Plan Coordination Appleby provided a summary of the informational items in the packet. 13. NEXT MEETING ATTENDANCE NOTIFICATION: August 8 , 2018 Commissioner Greenberg noted he would be absent. 14. COMMISSION COMMENTS & QUESTIONS There was discussion about updating code similarly to the Kenai Peninsula Borough that restricts development within the flood plain . City Planner Appleby noted she would provide more information to help the Commission make a recommendation and setting a date for a work session at the next meeting . Commissioner Fikes thanked Appleby for the report around the Marijuana Facilities in Kenai. 15. ADJOURNMENT There being no further business before the Commission. the meeting was adjourned at 7 :44 p.m . Minutes prepared and submitted by: J~u~~n~ty ~~~ D uty 1ty Clerk Planning a nd Zoning Commission Meeting July 25, 2018