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HomeMy WebLinkAbout2019-06-26 Planning & Zoning PacketAGENDA KENAI PLANNING & ZONING COMMISSION – REGULAR MEETING JUNE 26, 2019 - 7:00 P.M. KENAI CITY COUNCIL CHAMBERS 210 FIDALGO AVENUE, KENAI, ALASKA 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. June 12, 2019 ............................................................................................................. 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 PZ2019-23 – Application for Amendment to Conditional Use Permit PZ2018- 16 to remove the hours of operation restriction for the retail marijuana store, submitted by Clint A. Pickarsky d/b/a Kenai River Cannabis, P.O. Box 1016, Soldotna, Alaska 99669, for the property described as Lot 4, Block 1, Bush Lanes Subdivision, located at 14429 Kenai Spur Highway, Kenai, Alaska 99611 ................................................................................ 7 7. UNFINISHED BUSINESS - None 8. NEW BUSINESS a. Resolution PZ2019-22 – Application for a Home Occupation Permit to operate a daycare of no more than eight (8) children under the age of twelve (12), including children related to the caregiver, submitted by Glenn and Charlotte Yamada, 1806 4th Avenue, Kenai, Alaska ____________________________________________________________________________________ AGENDA KENAI PLANNING & ZONING COMMISSION – REGULAR MEETING JUNE 26, 2019 - 7:00 P.M. Page 2 of 2 99611, for property described as Lot 1-C, Block 1, Spruce Grove Subdivision Murphy’sReplat ……………………………………………………………………………………………………………25 9. PENDING ITEMS - None 10. REPORTS a. City Council ..…………………………………………………………………………………..39 b. Borough Planning ……………………………………………………………………………..43 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 a. Regular Meeting – July 26, 2019 (July 10, 2019 cancelled due to lack of quorum) 14. COMMISSION COMMENTS AND QUESTIONS 15. ADJOURNMENT KENAI PLANNING & ZONING COMMISSION REGULAR MEETING JUNE 12, 2019 – 7:00 P.M. KENAI CITY COUNCIL CHAMBERS 210 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: Chair J. Twait, Vice-Chair D. Fikes, R. Springer, V. Askin, T. McIntyre, J. Halstead Commissioners absent: G. Greenberg Staff/Council Liaison present: City Planner E. Appleby, Planning Assistant W. Anderson, Council Liaison B. Molloy A quorum was present. c. Agenda Approval MOTION: Commissioner Halstead MOVED to approve the agenda as presented 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 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. MOTION: Page 1 of 48 Pages June 26, 2019 City of Kenai Planning and Zoning Commission Meeting ___________________________________________________________________________________ Planning and Zoning Commission Meeting Page 2 of 6 June 12, 2019 Commissioner Halstead MOVED to approve the agenda as presented with the inclusion of the supporting materials added to the packet in the laydown and Commissioner Askin SECONDED the motion. There were no objections; SO ORDERED. e. *Excused absences – None. 2. *APPROVAL OF MINUTES a. May 22, 2019 The minutes were approved by the Consent Agenda. 3. SCHEDULED PUBLIC COMMENT – None. 4. UNSCHEDULED PUBLIC COMMENT – None. 5. CONSIDERATION OF PLATS – None. 6. PUBLIC HEARINGS a.Resolution PZ2019-17 – Application for a Conditional Use Permit for Surface Extraction of Natural Resources, submitted by Peninsula Commercial Ventures, 3201 Tamarak Ave., Wasilla, Alaska 99654, for the property described as Tract C, Hollier Subdivision No. 2, located at 695 Gravel Street, Kenai, Alaska 99611 MOTION: Commissioner Askin MOVED to approve Resolution No. PZ2019-17 and Commissioner Springer SECONDED the motion. City Planner Appleby reviewed the staff report provided in the packet noting the Conditional Use Permit would be for surface extraction of gravel in a parcel adjacent to parcels already being utilized for the same purpose and, based on the review of criteria, found that the permit could be approved with the following conditions: x Applicant must comply with all federal, State of Alaska, and local regulations; x The applicant will properly store fuel oil and hazardous materials away from wetlands or other sensitive areas of the landscape; x The applicant will not store fill materials, such as concrete and construction waste, in or near areas with an exposed water table; x The applicant will limit noise disturbances and not use compression release engine brakes; x The applicant will ensure the gate that can be used to block access from Cone Avenue is in working order; x A vegetated buffer of a minimum of six feet high will be constructed on the north and west boundaries of the extraction; x Applicant shall file an annual report for the Conditional Use Permit as set forth in Kenai Municipal Code 14.20.155; x The applicant will meet with City staff for on-site inspections when requested; Page 2 of 48 Pages June 26, 2019 City of Kenai Planning and Zoning Commission Meeting ___________________________________________________________________________________ Planning and Zoning Commission Meeting Page 3 of 6 June 12, 2019 x If there is a change of use for the above described property, a new Conditional Use Permit must be obtained pursuant to 14.20.150(i)(5). Chair Twait opened the floor for public testimony. Pat Daly, on behalf of the owner, answered Commissioner questions regarding buffers, drainage, excavation depth, reclamation, dust control, and the gravel benefitting the City. There being no one else wishing to be heard, public comment was closed. MOTION TO AMEND: Commissioner Springer MOVED to amend to include staff recommendations and requested UNANIMOUS CONSENT. Commissioner Halstead SECONDED the motion. VOTE ON THE AMENDMENT:There being no objections;SO ORDERED. Clarification was provided that the buffer had been encroached on by the previous owner. It was suggested that what was before the Commission seemed to be industry standard. VOTE ON THE MAIN MOTION: YEA: Springer, Halstead, Fikes, Askin, Twait NAY: McIntyre MOTION PASSED. Commission Chair Twait noted the fifteen-day appeal period. 7. UNFINISHED BUSINESS – None. 8. NEW BUSINESS a.Resolution PZ2019-18 –Application for Transfer of Conditional Use Permit PZ06-84 (PZ01-11) for a hotel (short-term recreational rentals) from Blue Heron Land Company, LLC, Transferor, to Blue Heron Enterprises, LLC, Transferee, located at 1230 Angler Dr., Kenai, Alaska 99611; further described as Lot 1, Block 2, Anglers Acres Subdivision Addition No. 1. MOTION: Commissioner Askin MOVED to approve Resolution No. PZ2019-18 with staff recommendations and Commissioner Halstead SECONDED the motion. City Planner Appleby reviewed the staff report provided in the packet noting the transfer was due to a name change and the current permit holder met the conditions of the permit and, based on the review of criteria, found that the permit transfer could be approved with the following conditions: x Further development of the property must comply with all federal, State of Alaska, and Page 3 of 48 Pages June 26, 2019 City of Kenai Planning and Zoning Commission Meeting ___________________________________________________________________________________ Planning and Zoning Commission Meeting Page 4 of 6 June 12, 2019 local regulations; x A biennial fire inspection must be completed by the Fire Marshal for the City of Kenai pursuant to Kenai Municipal Code 14.20.321(d); x The water and sewer system must meet the standards and have approval to operate from the Alaska Department of Environmental Conservation; x If food service is provided, it must meet State of Alaska requirements for food service; x Applicant shall file an annual report for the Conditional Use Permit as set forth in Kenai Municipal Code 14.20.155; x If there is a change of use for the above described property, a new Conditional Use Permit must be obtained pursuant to 14.20.150(i)(5). Chair Twait opened the floor for public testimony; there being no one wishing to be heard, public comment was closed. VOTE: YEA: Springer, Halstead, Fikes, Askin, Twait, McIntyre NAY: MOTION PASSED UNANIMOUSLY. b.Resolution PZ2019-19 – Application for Transfer of Conditional Use Permit PZ06-85 (PZ05-26) for a hotel, guide service, and boat parking from Blue Heron Land Company, LLC, Transferor, to Blue Heron Enterprises, LLC, Transferee, located at 1105 Angler Dr., Kenai, Alaska 99611; further described as Lot 6, Anglers Acres Subdivision, Part 3. MOTION: Commissioner Askin MOVED to approve Resolution No. PZ2019-19 with staff recommendations and Commissioner Halstead SECONDED the motion. City Planner Appleby reviewed the staff report provided in the packet noting the transfer was due to a name change and the current permit holder met the conditions of the permit and, based on the review of criteria, found that the permit could be approved with the following conditions: x Further development of the property must comply with all federal, State of Alaska, and local regulations; x A biennial fire inspection must be completed by the Fire Marshal for the City of Kenai pursuant to Kenai Municipal Code 14.20.321(d); x Applicant shall file an annual report for the Conditional Use Permit as set forth in Kenai Municipal Code 14.20.155; x If there is a change of use for the above described property, a new Conditional Use Permit must be obtained pursuant to 14.20.150(i)(5). Chair Twait opened the floor for public testimony; there being no one wishing to be heard, public comment was closed. Clarification was provided that staff was not aware of any complaints regarding the operation of the business. Page 4 of 48 Pages June 26, 2019 City of Kenai Planning and Zoning Commission Meeting ___________________________________________________________________________________ Planning and Zoning Commission Meeting Page 5 of 6 June 12, 2019 VOTE: YEA: Springer, Halstead, Fikes, Askin, Twait, McIntyre NAY: MOTION PASSED UNANIMOUSLY. c. Discussion/Recommendation –Authorizing the City Planner to draft and send a letter to the Kenai Peninsula Borough supporting a request by the developer of Kee’s Tern Subdivision for a one-year time extension to finalize the plat. City Planner Appleby reviewed the staff report provided in the packet. MOTION: Commissioner Askin MOVED to authorize the City Planner to draft and send a letter to the Kenai Peninsula Borough supporting a request for a one-year extension for the developer of the Kee’s Tern Subdivision and Vice Chair Fikes SECONDED the motion. Clarification was provided that some extensions were typically approved for plats; however, this development seemed to require more than usual. It was suggested that there be berms or gates built on the roads to prevent illegal activity taking place in the undeveloped subdivision. VOTE: YEA: Springer, Halstead, Fikes, Askin, Twait, McIntyre NAY: MOTION PASSED UNANIMOUSLY. 9. PENDING ITEMS – None. 10. REPORTS a.City Council – Council Member Molloy reviewed the action agenda from the June 5 City Council Meeting. b.Borough Planning – Vice-Chair Fikes reported the Commission met on June 10 and provided an update on the actions at that meeting. c.Administration – City Planner Appleby reported on the following: x Provided an update on iPad acquisition; x Bike Trail Map had been finalized and was available; x Provided an update on the TRASHercize events; x Noted the upcoming Council work session on land sale and leasing policy; x Noted plans to conduct site visits for resource extraction Conditional Use Permits; Page 5 of 48 Pages June 26, 2019 City of Kenai Planning and Zoning Commission Meeting ___________________________________________________________________________________ Planning and Zoning Commission Meeting Page 6 of 6 June 12, 2019 x Suggested moving a work session to discuss the sign code. 11. ADDITIONAL PUBLIC COMMENT – None. 12. INFORMATIONAL ITEMS – None. 13. NEXT MEETING ATTENDANCE NOTIFICATION – July 10, 2019 It was noted three Commissioners would be absent July 10. It was decided the July 10 meeting would be cancelled; next regular meeting July 24; next work session, June 25. 14. COMMISSION COMMENTS & QUESTIONS Commissioner Askin noted a university was working on a cognitive test for marijuana; also a study in Ohio showed 80% of accidents were due to operation under the influence. 15. ADJOURNMENT There being no further business before the Commission, the meeting was adjourned at 8:50 p.m. Minutes prepared and submitted by: ____________________________ Jamie Heinz, CMC City Clerk Page 6 of 48 Pages June 26, 2019 City of Kenai Planning and Zoning Commission Meeting STAFF REPORT To: Planning & Zoning Commission Date: June 21, 2019 Subject: Resolution PZ2019-23 – Amend Conditional Use Permit – Retail Marijuana Store Applicant:Clint Pickarsky d/b/a Kenai River Cannabis P.O. Box 1016 Soldotna, AK 99669 Owner:Peninsula Investments, LLC 35555 Kenai Spur Highway, PMB 437 Soldotna, AK 99669 Requested Action: Amend Conditional Use Permit – Retail Marijuana Store Legal Description:Lot 4, Block 1, Bush Lanes Subdivision Property Address:14429 Kenai Spur Highway KPB Parcel No:03902240 Lot Size:7,405 square feet (0.17 acres) – existing permit is for approximately 925 square-foot retail marijuana store within an approximately 3,600 square-foot commercial building Existing Zoning:General Commercial (CG) Current Land Use: Commercial Building Land Use Plan:Central Commercial GENERAL INFORMATION Application The applicant has requested an amendment to remove the condition for the hours of operation on a currently permitted retail marijuana store. Condition #7 of the permit states hours of operation shall be from 9am to 9pm Monday through Sunday. The applicant initially requested the hours of operation be amended to 9am to 1am, but after discussion with City staff the Page 7 of 48 Pages June 26, 2019 City of Kenai Planning and Zoning Commission Meeting PZ2019-23 Staff Report Page 2 applicant asked for the hours of operation be removed to match all other retail marijuana store permits in the City. Kenai River Cannabis is located at 14429 Kenai Spur Highway in a commercial building that was vacant and previously was the location of a business named Metal Magic Forge & Foundry. The City of Kenai Planning and Zoning Commission approved the conditional use permit for a retail marijuana store at their meeting on June 13, 2018 with Resolution No. PZ2018-16. The City has a letter on file from Peninsula Investments, LLC confirming their approval of Kenai River Cannabis being located in the building. Public Notice, Public Comment KMC 14.20.150(b) details application requirements for conditional use permits. City staff received a request in writing to amend the conditional use permit and discussed the request with the applicant. Pursuant to KMC 14.20.280, Public hearing and notifications, City staff published notice of the public hearing in the Peninsula Clarion, notification was sent to adjacent property owners within 500 feet, and notification was posted on the property. A written comment is included in the packet materials objecting to the modification to the hours. The City has received one additional phone call objecting to the modification to the hours. ANALYSIS Kenai Municipal Code 14.20.150(h) Conditional use permits, Modification of final approval KMC 14.20.150(h) states an approved conditional use permit may upon application by the permittee be modified by the Planning and Zoning Condition to implement a different development plan conforming to the standards for its approval. The applicant has requested the condition limiting the operating hours be removed to meet customer demand and to eliminate the competitive advantage given to all other retail marijuana stores in the City that do not have an hour limitation. The applicant states no adverse impacts to the surrounding area after being open for approximately one month. Kenai Municipal Code 14.20.150(d) – Review Criteria for Conditional Use Permits KMC 14.20.150 contains review criteria for conditional use permits. The requested change to the hours of operation are evaluated against these criteria as follows: x KMC 14.20.150(d)(1) The use is consistent with the purpose of this chapter and the purposes and intent of the zoning district; The subject parcel is within the General Commercial (CG) Zone. KMC 14.20.120 outlines the intent of the CG zone to provide for areas with a broad range of retail, wholesale, and service establishments, with uses regulated to concentrate commercial development to the greatest extent possible. Access to the store is from the Kenai Spur Highway, which is a Major Collector street. Removing the hours of operation would be a use consistent with the intent of the CG Zone. Other retail marijuana stores within the City close at midnight, 11:30pm, and 9pm. x KMC 14.20.150(d)(2) The value of the adjoining property and neighborhood will not be significantly impaired; Kenai River Cannabis occupies a structure that was previously vacant. Kenai River Cannabis has been open for approximately a month and was found not to significantly impair the value Page 8 of 48 Pages June 26, 2019 City of Kenai Planning and Zoning Commission Meeting PZ2019-23 Staff Report Page 3 of adjoining property and the neighborhood when the conditional use permit was issued. There is sufficient security on the building with locks and surveillance cameras in place. Lighting on the store adds to safety, but does not detract from surroundings with the location of the store on the major collector Kenai Spur Highway. The amount of additional traffic that may occur due to later operating hours is not likely to have a large impact on surrounding property as the store fronts the Kenai Spur Highway. Surrounding properties are a mix of commercial and residential development. A duplex and a residential home are across the street on the Kenai Spur Highway and residences are behind commercial development on Lilac Street. A storage yard for Weaver Brothers is on the same side of the Kenai Spur Highway as the store. Additional operating hours are not likely to significantly impair the adjacent properties. The applicant notes that some of his customers walk to the store. The City has received one formal letter of objection to the change in hours. However, no other retail marijuana store in the City has a limitation on the hours of operation and City staff does not feel the hours are a condition reflecting the location and instead reflect that the permit was granted later than other retail marijuana stores within the City. x KMC 14.20.150(d)(3) The proposed use is in harmony with the Comprehensive Plan; The staff report the existing conditional use permit granted by PZ2018-16 found the retail marijuana store to be in harmony with the 2016 Imagine Kenai 2030 Comprehensive Plan and specifically referenced Objective LU-1 under Goal 3-Land Use to establish siting and design standards in harmony and scale with surrounding uses. The location of the retail marijuana store within an existing vacant commercial building also supports Objective ED-5 under Goal 2-Economic Development to promote adaptive reuse of vacant commercial buildings along the Kenai Spur Highway. x KMC 14.20.150(d)(4) Public services and facilities are adequate to serve the proposed use; City and water and sewer serve the subject property. Access is provided from the Kenai Spur Highway and the applicant meets parking requirements specified under KMC 14.20.250. Public services and facilities would still be accurate to serve the proposed use with an extension of the operating hours. x KMC 14.150(d)(5) The proposed use will not be harmful to the public safety, health or welfare; The staff report the existing conditional use permit granted by PZ2018-16 noted the store met required buffer distances. The applicant followed through with required conditions to obtain additional permits, including a building permit, sign permit, and State licenses. Other retail marijuana stores within the City do not have an hours restriction in their conditional use permit and are the following: Majestic Gardens states they are open until 11:30pm on their sign, Red Run states they are open until midnight on their website, and East Rip states they are open until 9pm on their website. Staff has suggested a closing time of midnight to the applicant, but does not feel this should be a condition specific to the applicant’s permit to match other retail marijuana stores in the City. x KMC 14.150(d)(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. Page 9 of 48 Pages June 26, 2019 City of Kenai Planning and Zoning Commission Meeting PZ2019-23 Staff Report Page 4 Recommended conditions are stated at the end of the report. All conditions under the existing permit granted by PZ2018-16 would still apply. RECOMMENDATIONS Staff recommends the Planning and Zoning Commission approve the application to remove the hours of operation for the retail marijuana store. As such, Resolution PZ2019-23 would amend the conditions under PZ2018-16 with New Text Underlined; [DELETED TEXT BRACKETED] 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 the 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 an 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 9:00AM to 9:00PM, Monday through Sunday.] [8]7. Pursuant to Kenai Municipal Code Section, 14.20.150(f) the applicant shall submit an Annual Report to the City of Kenai. ATTACHMENTS A. Resolution No. PZ2019-23 B. Formal Request to Amend Permit C. Resolution No. PZ2018-16 D. Map Page 10 of 48 Pages June 26, 2019 City of Kenai Planning and Zoning Commission Meeting Resolution PZ2019-23 Page 1 of 3 CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ2019-23 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI GRANTING A REQUEST TO AMEND A CONDITIONAL USE PERMIT FOR A RETAIL MARIJUANA STORE TO: APPLICANT: CLINT PICKARSKY D/B/A KENAI RIVER CANNABIS USE: RETAIL MARIJUANA STORE LEGAL DESCRIPTION: LOT 4, BLOCK 1, BUSH LANES SUBDIVISION PHYSICAL ADDRESS: 14429 KENAI SPUR HIGHWAY KENAI PENINSULA BOROUGH PARCEL NUMBER: 03902240 WHEREAS, the applicant requested an amendment to the operating hours of the special use permit following Kenai Municipal Code 14.20.150(h) Conditional use permits, Modification of final approval; and, WHEREAS, the amendment affects land zoned as Central Commercial; and, WHEREAS, the City of Kenai Planning and Zoning Commission conducted a duly advertised public hearing on June 26, 2019, following requirements outlined in Kenai Municipal Code 14.20.280 for public hearings and notifications; and, WHEREAS, the amendment to the operating hours to be 9:00AM to 12:00AM would still meet the criteria for the issuance of the conditional use permit; and, WHEREAS, the Planning and Zoning Commission finds: 1. The applicant meets criteria for conditional use permits in KMC 14.20.150(d)(1) The use is consistent with the purpose of this chapter and the purposes and intent of the zoning district; The subject parcel is within the General Commercial (CG) Zone. KMC 14.20.120 outlines the intent of the CG zone to provide for areas with a broad range of retail, wholesale, and service establishments, with uses regulated to concentrate commercial development to the greatest extent possible. Access to the store is from the Kenai Spur Highway, which is a Major Collector street. Removing the hours of operation would be a use consistent with the intent of 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907-283-7535 / Fax: 907-283-3014 www.kenai.city Page 11 of 48 Pages June 26, 2019 City of Kenai Planning and Zoning Commission Meeting Resolution PZ2019-23 Page 2 of 3 the CG Zone. Other retail marijuana stores within the City close at midnight, 11:30pm, and 9pm. 2. The applicant meets criteria for conditional use permits in KMC 14.20.150(d)(2) The value of the adjoining property and neighborhood will not be significantly impaired; Kenai River Cannabis occupies a structure that was previously vacant. Kenai River Cannabis has been open for approximately a month and was found not to significantly impair the value of adjoining property and the neighborhood when the conditional use permit was issued. There is sufficient security on the building with locks and surveillance cameras in place. Lighting on the store adds to safety, but does not detract from surroundings with the location of the store on the major collector Kenai Spur Highway. The amount of additional traffic that may occur due to later operating hours is not likely to have a large impact on surrounding property as the store fronts the Kenai Spur Highway. Surrounding properties are a mix of commercial and residential development. A duplex and a residential home are across the street on the Kenai Spur Highway and residences are behind commercial development on Lilac Street. A storage yard for Weaver Brothers is on the same side of the Kenai Spur Highway as the store. Additional operating hours are not likely to significantly impair the adjacent properties. The applicant notes that some of his customers walk to the store. The City has received one formal letter of objection to the change in hours. However, no other retail marijuana store in the City has a limitation on the hours of operation and City staff does not feel the hours are a condition reflecting the location and instead reflect that the permit was granted later than other retail marijuana stores within the City. 3. The applicant meets criteria for conditional use permits in KMC 14.20.150(d)(3) The proposed use is in harmony with the Comprehensive Plan; The staff report the existing conditional use permit granted by PZ2018-16 found the retail marijuana store to be in harmony with the 2016 Imagine Kenai 2030 Comprehensive Plan and specifically referenced Objective LU-1 under Goal 3-Land Use to establish siting and design standards in harmony and scale with surrounding uses. The location of the retail marijuana store within an existing vacant commercial building also supports Objective ED-5 under Goal 2-Economic Development to promote adaptive reuse of vacant commercial buildings along the Kenai Spur Highway. 4. The applicant meets criteria for conditional use permits in KMC 14.20.150(d)(4) Public services and facilities are adequate to serve the proposed use; City and water and sewer serve the subject property. Access is provided from the Kenai Spur Highway and the applicant meets parking requirements specified under KMC 14.20.250. Public services and facilities would still be accurate to serve the proposed use with an extension of the operating hours. 5. The applicant meets criteria for conditional use permits in KMC 14.150(d)(5) The proposed use will not be harmful to the public safety, health or welfare; The staff report the existing conditional use permit granted by PZ2018-16 noted the store met required buffer distances. The applicant followed through with required conditions to obtain additional permits, including a building permit, sign permit, and State licenses. Other retail marijuana stores within the City do not have an hours restriction in their conditional use permit and are the following: Majestic Gardens states they are open until 11:30pm on their Page 12 of 48 Pages June 26, 2019 City of Kenai Planning and Zoning Commission Meeting Resolution PZ2019-23 Page 3 of 3 sign, Red Run states they are open until midnight on their website, and East Rip states they are open until 9pm on their website. Staff has suggested a closing time of midnight to the applicant, but does not feel this should be a condition specific to the applicant’s permit to match other retail marijuana stores in the City. NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA: Section 1. That the request to remove Condition 7 limiting the operating hours for the conditional permit for a retail marijuana store approved by PZ2018-16 is granted to Clint Pickarsky d/b/a Kenai River Cannabis. Section 2. Amended conditions of the conditional use permit approved by PZ2018-16 with New Text Underlined; [DELETED TEXT BRACKETED] 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 the 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 an 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 9:00AM to 9:00PM, Monday through Sunday.] [8]7. Pursuant to Kenai Municipal Code Section, 14.20.150(f) the applicant shall submit an Annual Report to the City of Kenai. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, this 26th day of JUNE, 2019. JEFF TWAIT, CHAIRPERSON ATTEST: ______________________________________ JAMIE HEINZ, CMC, CITY CLERK Page 13 of 48 Pages June 26, 2019 City of Kenai Planning and Zoning Commission Meeting Page 14 of 48 Pages June 26, 2019 City of Kenai Planning and Zoning Commission Meeting Page 15 of 48 Pages June 26, 2019 City of Kenai Planning and Zoning Commission Meeting Page 16 of 48 Pages June 26, 2019 City of Kenai Planning and Zoning Commission Meeting Page 17 of 48 Pages June 26, 2019 City of Kenai Planning and Zoning Commission Meeting Page 18 of 48 Pages June 26, 2019 City of Kenai Planning and Zoning Commission Meeting Page 19 of 48 Pages June 26, 2019 City of Kenai Planning and Zoning Commission Meeting Page 20 of 48 Pages June 26, 2019 City of Kenai Planning and Zoning Commission Meeting LILAC LNWELLS WAYKENAI S P U R H W Y WELLS WAYKENAI S P U R H W Y .50 'Date: 6/11/2019The information depicted hereon is for graphic representationonly of the best available sources. The City of Kenai assumes no responsibility for errors on this map.1 inch equals 67 feetParcel No:03902240Lot 4, Block 1,Bush Lanes Subd.Map for PZ2019-23Kenai River CannabisPage 21 of 48 Pages June 26, 2019 City of Kenai Planning and Zoning Commission Meeting Page 22 of 48 Pages June 26, 2019 City of Kenai Planning and Zoning Commission Meeting Page 23 of 48 Pages June 26, 2019 City of Kenai Planning and Zoning Commission Meeting THIS PAGE INTENTIONALLY LEFT BLANK Page 24 of 48 Pages June 26, 2019 City of Kenai Planning and Zoning Commission Meeting STAFF REPORT To: Planning & Zoning Commission From: Elizabeth Appleby, City Planner Date: June 26, 2019 Subject: Resolution PZ2019-22 – Application for a Home Occupation Permit for a Day Care of no more than eight (8) children under the age of twelve (12), including children related to the caregiver. GENERAL INFORMATION: Applicant:Glenn and Charlotte Yamada 1806 4th Avenue Kenai, AK 99611 Property Owners:Glenn and Charlotte Yamada and Jennifer L. McGrady 1806 4th Avenue Kenai, AK 99611 Requested Action: Application for a Home Occupation Permit for a Day Care of no more than eight (8) children under the age of twelve (12), including children related to the caregiver. Legal Description: Lot 1-C, Block 1, Spruce Grove Subdivision Murphy’s Replat Street Address: 1806 4 th Avenue KPB Parcel No.: 04302053 Existing Zoning: RS – Suburban Residential Current Land Use: Residential – Single Family Dwelling Land Use Plan:Suburban Residential ANALYSIS: Applicant has submitted an application for a Home Occupation Permit to operate a day care within her residence of no more than eight (8) children under the age of twelve (12), including children related to the caregiver. On January 11, 2006, the Planning and Zoning Commission passed Resolution PZ06-04 granting a Home Occupation Permit to the applicant for her day care located at 1106 First Street. The applicant has successfully operated Charlie’s Lil’ Angels from that location since 2006. The applicant sold her residence at 1106 First Street and purchased a residence located at 1806 4th Avenue. Kenai Municipal Code 14.20.230(f) provides as follows: Permits Nontransferable. A home occupation permit granted under this section is not transferable to another person or location. Page 25 of 48 Pages June 26, 2019 City of Kenai Planning and Zoning Commission Meeting PZ2019-22 Staff Report Page 2 Since the applicant has relocated from 1106 First Street to 1806 4th Avenue, Kenai Municipal Code dictates that the applicant must obtain a Home Occupation Permit for her new location. The proposed Day Care facility was inspected by Fire Marshal Jeremy Hamilton on December 20, 2018, pursuant to KMC14.20.230(h)(1) and applicant has submitted a copy of said inspection with her Home Occupation Permit application. Kenai Municipal Code 14.20.230 provides that the intent of this chapter to permit Home Occupations that are compatible with other permitted uses and with the residential character of a neighborhood, and that are clearly secondary or incidental to the residential use of the main building. Further, Day Care is specifically set forth in KMC 14.20.230(b)(2) as a permitted use for a Home Occupation. Kenai Municipal Code 14.20.230(d) sets forth the development requirements of a Home Occupation, as follows: (1) Not more than one (1) person outside the family shall be employed in the Home Occupation. Applicant states that she will be the sole employee and that she has no plans to employ other individuals. Staff finds that applicant meets this development requirement. (2) No more than thirty percent (30%) of the gross floor area of all buildings on the lot shall be used for the Home Occupation. Applicant indicates that she plans to use the living, dining and upstairs bathroom for the day care. According to the Kenai Peninsula Borough assessing records, the applicant’s residence contains 3,480 square feet of gross floor space; thirty percent (30%) of said residence equals approximately 1,044 square feet. The area designated for the day care is on the first floor and is approximately 864 square feet; therefore, Staff finds that the applicant meets this development requirement. (3) The Home Occupation shall be carried on wholly within the principal building, or other buildings, which are accessory thereto. Any building used for a Home Occupation shall be wholly enclosed. Applicant’s resident will be the only building used for the Day Care. Staff finds that applicant meets this development requirement. RECOMMENDATIONS: Staff has reviewed the application and the development requirements for a Home Occupation Permit and determined that the development requirements have been met by the applicant. It is the recommendation of Staff that the proposed Home Occupation Permit to operate a Day Care within applicant’s residence of no more than eight (8) children under the age of twelve (12), including children related to the caregiver be approved, subject to the following conditions: 1. Applicant must comply with all Federal, State, and local regulations. Page 26 of 48 Pages June 26, 2019 City of Kenai Planning and Zoning Commission Meeting PZ2019-22 Staff Report Page 3 2. Pursuant to KMC 14.20.230(h)(1), the premises shall be inspected every other year by the Fire Marshal for the City of Kenai. Failure to comply with the Fire Code (KMC8.05) shall be grounds for the suspension or revocation of the facilities’ home occupation permit. ATTACHMENTS: 1. Resolution No. PZ2019-22 2. Application 3. Site Plan 4. Fire Inspection 5. Business License 6. Map Page 27 of 48 Pages June 26, 2019 City of Kenai Planning and Zoning Commission Meeting _____________________________________________________________________________________ CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ2019-22 HOME OCCUPATION PERMIT A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, GRANTING A REQUEST FOR A HOME OCCUPATION PERMIT TO OPERATE A DAY CARE OF NO MORE THAN EIGHT (8) CHILDREN UNDER THE AGE OF TWELVE (12), INCLUDING CHILDREN RELATED TO THE CAREGIVER AS AUTHORIZED BY KENAI MUNICIPAL CODE 14.20.230, FOR APPLICANT: Glenn and Charlotte Yamada PROPERTY ADDRESS: 1806 4th Avenue, Kenai, Alaska 99611 LEGAL DESCRIPTION: Lot 1-C, Block 1, Spruce Grove Subdivision Murphy’s Replat KENAI PENINSULA BOROUGH PARCEL NO.: 04302053 WHEREAS, an application for Home Occupation Permit meeting the requirements of KMC 14.20.230 has been submitted and received on June 7, 2019; and, WHEREAS, the application affects land which is zoned Suburban Residential; and, WHEREAS, Kenai Municipal Code 14.20.230 details the intent and application process for Home Occupations and specifies the development requirements that must be met prior to issuing the Home Occupation Permit, which are as follows: (1) Not more than one (1) person outside the family shall be employed in the Home Occupation. Applicant states that she will be the sole employee and that she has no plans to employ other individuals. (2) No more than thirty percent (30%) of the gross floor area of all buildings on the lot shall be used for the Home Occupation. Applicant indicates that she plans to use the living, dining and upstairs bathroom for the day care. According to the Kenai Peninsula Borough assessing records, the applicant’s residence contains 3,480 square feet of gross floor space (including the two attached garages); thirty percent (30%) of said residence equals approximately 1,044 square feet. The area designated for the day care is on the first floor and is approximately 864 square feet; therefore, Staff finds that the applicant meets this development requirement. Page 28 of 48 Pages June 26, 2019 City of Kenai Planning and Zoning Commission Meeting Resolution No. PZ2019-22 Page 2 of 2 (3) The Home Occupation shall be carried on wholly within the principal building, or other buildings, which are accessory thereto. Any building used for a Home Occupation shall be wholly enclosed. Applicant’s resident will be the only building used for the Day Care; and WHEREAS, the applicant has demonstrated with plans and other documents that the development requirements of a Home Occupation Permit to operate a Day Care of no more than eight (8) children under the age of twelve (12), including children related to the caregiver have been met. NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA THAT THE APPLICANT HAS DEMONSTRATED THAT THE HOME OCCUPATION PERMIT TO OPERATE A DAY CARE OF NO MORE THAN EIGHT (8) CHILDREN UNDER THE AGE OF TWELVE (12), INCLUDING CHILDREN RELATED TO THE CAREGIVER MEETS THE DEVELOPMENT REQUIREMENTS OF SAID OPERATION AND; THEREFORE, THE COMMISSION DOES AUTHORIZE THE ADMINISTRATIVE OFFICIAL TO ISSUE SAID PERMIT, SUBJECT TO THE FOLLOWING CONDITIONS: 1. Applicant must comply with all Federal, State, and local regulations. 2. Pursuant to KMC 14.20.230(h)(1), the premises shall be inspected every other year by the Fire Marshal for the City of Kenai. Failure to comply with the Fire Code (KMC8.05) shall be grounds for the suspension or revocation of the facilities’ home occupation permit. PASSED BY THE PLANNING AND ZONING COMMISSION THE CITY OF KENAI, ALASKA, this 26 th day of June, 2018. Jeff Twait, Chairman ATTEST: ____________________________________ Jamie Heinz, City Clerk Page 29 of 48 Pages June 26, 2019 City of Kenai Planning and Zoning Commission Meeting Page 30 of 48 Pages June 26, 2019 City of Kenai Planning and Zoning Commission Meeting Page 31 of 48 Pages June 26, 2019 City of Kenai Planning and Zoning Commission Meeting Page 32 of 48 Pages June 26, 2019 City of Kenai Planning and Zoning Commission Meeting Page 33 of 48 Pages June 26, 2019 City of Kenai Planning and Zoning Commission Meeting Page 34 of 48 Pages June 26, 2019 City of Kenai Planning and Zoning Commission Meeting Page 35 of 48 Pages June 26, 2019 City of Kenai Planning and Zoning Commission Meeting Page 36 of 48 Pages June 26, 2019 City of Kenai Planning and Zoning Commission Meeting Page 37 of 48 Pages June 26, 2019 City of Kenai Planning and Zoning Commission Meeting THIS PAGE INTENTIONALLY LEFT BLANK Page 38 of 48 Pages June 26, 2019 City of Kenai Planning and Zoning Commission Meeting Kenai City Council Meeting Page 1 of 4 June 19, 2019 ACTION AGENDA KENAI CITY COUNCIL – REGULAR MEETING JUNE 19, 2019 – 6:00 P.M. KENAI CITY COUNCIL CHAMBERS 210 FIDALGO AVE., KENAI, AK 99611 http://www.kenai.city A. CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda (Public comment limited to three (3) minutes per speaker; thirty (30) minutes aggregated) *All items listed with an asterisk (*) are considered to be routine and non-controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. B. SCHEDULED PUBLIC COMMENTS (Public comment limited to ten (10) minutes per speaker) C. UNSCHEDULED PUBLIC COMMENTS (Public comment limited to three (3) minutes per speaker; thirty (30) minutes aggregated) D. PUBLIC HEARINGS 1.ENACTED UNANIMOUSLY.Ordinance No. 3069-2019 – Appropriating FY2019 Budgeted Funds for Municipal Roadway Improvements in the Municipal Roadway Improvements Capital Project Fund for Future Roadway Projects. (Administration) 2.ENACTED UNANIMOUSLY.Ordinance No. 3070-2019 – Authorizing a Budget Transfer in the General Fund, Decreasing Estimated Revenues and Appropriations in the Senior Citizen Special Revenue Fund and Appropriating FY2019 Budgeted Amounts in the Senior Center Improvement Capital Project Fund for Carpet Replacement. (Administration) 3.ENACTED UNANIMOUSLY AS AMENDED.Ordinance No. 3071-2019 -Increasing Estimated Revenues and Appropriations in the General, Airport Special Revenue, Personal Use Fishery Special Revenue, and Senior Citizen Special Revenue Funds; Authorizing the Binding of Insurance Coverage for the City for the Period of July 1, 2019 through June 30, 2020; and Authorizing Execution of a Three-Year Agreement for Insurance Coverage. (Administration) a. Motion for Introduction b. Motion for Second Reading (Requires a Unanimous Vote) c. Motion for Adoption (Requires Five Affirmative Votes) Page 39 of 48 Pages June 26, 2019 City of Kenai Planning and Zoning Commission Meeting Kenai City Council Meeting Page 2 of 4 June 19, 2019 4.ADOPTED UNANIMOUSLY.Resolution No. 2019-37 - Authorizing the City Manager to Enter Into an Automated Teller Machine (ATM) Concession for the Kenai Municipal Airport. (Administration) 5.ADOPTED UNANIMOUSLY.Resolution No. 2019-38 – Amending City Council Policy 2017-01, Procedures for the Use and Management of City Issued Mobile Devices, to Provide Procedures for Planning and Zoning Commission Use and Make Other Housekeeping Amendments. (Council Member Knackstedt) 6.ADOPTED UNANIMOUSLY.Resolution No. 2019-39 - Authorizing the Transfer of Funds from the General Fund Library Department to the General Fund Buildings Department; and Authorizing the Issuance of a Purchase Order in the Amount of $16,795.00 for the Replacement of ADA Automatic Door Operators at the Library. (Administration) 7.ADOPTED UNANIMOUSLY.Resolution No. 2019-40 – Authorizing a Budget Transfer in the General Fund – Police Department for the Purchase of a Forensic Investigation Tool. (Administration) 8.ADOPTED UNANIMOUSLY AS AMENDED.Resolution No. 2019-41 – Authorizing a Facility Management Agreement with the Boys & Girls Club of the Kenai Peninsula, Inc. for the Operation and Management of the Kenai Recreation Center in the Amount of $130,000 Per Year. (Administration) 9.ADOPTED UNANIMOUSLY.Resolution No. 2019-42 – Awarding an Agreement for Providing and Servicing Portable Restrooms and Dumpsters on the North and South Kenai Beaches, Including Portable Restrooms at the City Dock, During the 2019 Personal Use Fishery. (Administration) 10.ADOPTED UNANIMOUSLY.Resolution No. 2019-43 – Awarding An Agreement For Providing And Servicing Road Accessible Dumpsters At The End Of South Spruce Street, Kenai Little League Parking Lot And Kenai City Dock During The 2019 Personal Use Fishery. (Administration) 11.ADOPTED.Resolution No. 2019-44 - Supporting Kenai Peninsula Borough Ordinance 2019-11, Repealing KPB 5.18.430(F) which Requires Voter Approval to Increase the Sales Tax Cap. (Vice Mayor Navarre) E. MINUTES 1.APPROVED BY THE CONSENT AGENDA.*Regular Meeting of May 15, 2019 2.APPROVED BY THE CONSENT AGENDA.*Regular Meeting of June 5, 2019 F. UNFINISHED BUSINESS 1.ENACTED.Ordinance No. 3068-2019 – Amending Kenai Municipal Code 14.20.320- Definitions and 14.20.330- Standards for Commercial Marijuana Establishments to Prohibit Onsite Consumption of Marijuana at Retail Marijuana Stores Requiring an Onsite Consumption Endorsement. (Council Members Pettey and Glendening) Page 40 of 48 Pages June 26, 2019 City of Kenai Planning and Zoning Commission Meeting Kenai City Council Meeting Page 3 of 4 June 19, 2019 [Clerk’s Note: This Item was Postponed from the June 5 Meeting to This Meeting; A Motion to Enact is On the Floor] x Substitute Ordinance No. 3068-2019 – Amending Kenai Municipal Code 14.20.320 – Definitions, and Implementing a Moratorium Prohibiting Onsite Consumption of Marijuana at Retail Marijuana Stores Requiring an Onsite Consumption Endorsement Until July 1, 2021. G. NEW BUSINESS 1.APPROVED BY THE CONSENT AGENDA.*Action/Approval – Bills to be Ratified. (Administration) 2.APPROVED BY THE CONSENT AGENDA.*Action/Approval – Purchase Orders Exceeding $15,000. (Administration) 3.APPROVED BY THE CONSENT AGENDA.*Action/Approval – Non-Objection to the Renewal of a Marijuana Retail Store License for Cook Inlet Cannabis Company, D/B/A East Rip. (City Clerk) 4.APPROVED BY THE CONSENT AGENDA.*Action/Approval – Special Use Permit to Alaska Air Fuel, Inc. for Aircraft Loading and Parking on the Apron. (Administration) 5.APPROVED BY THE CONSENT AGENDA.*Action/Approval – Special Use Permit to Crowley Fuels, LLC for Aircraft Loading and Parking on the Apron.(Administration) 6.APPROVED BY THE CONSENT AGENDA.*Action/Approval – Special Use Permit to Empire Airlines, Inc. for Aircraft Parking on the Apron. (Administration) 7.APPROVED BY THE CONSENT AGENDA.*Action/Approval – Special Use Permit to Everts Air Fuel, Inc. for Aircraft Loading and Parking on the Apron. (Administration) 8.APPROVED BY THE CONSENT AGENDA.*Action/Approval – Special Use Permit to United Parcel Service Company for Aircraft Loading and Parking on the Apron. (Administration) 9.APPROVED UNANIMOUSLY.Action/Approval – Special Use Permit to James Doyle d/b/a Weaver Brothers for Truck and Trailer Storage. (Administration) 10.APPROVED UNANIMOUSLY.Action/Approval –SpecialUsePermittoAlaska Salmon Fertilizer for Filet Services to Collect Fish Cleaning Waste.(Administration) 11.APPROVED UNANIMOUSLY.Action/Approval – Confirm Mayoral Nomination for Recommendation of City of Kenai Representative to Kenai Peninsula Borough Planning and Zoning Commission. (Mayor Gabriel) 12.Discussion – Land Sale and Leasing Policies and Procedures. (Administration) H. COMMISSION/COMMITTEE REPORTS Page 41 of 48 Pages June 26, 2019 City of Kenai Planning and Zoning Commission Meeting Kenai City Council Meeting Page 4 of 4 June 19, 2019 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 1. Discussion of Kenai Visitor Center Management a Matter of Which the Immediate Knowledge may have an Adverse Effect upon the Finances of the City [AS44.62.310(c)(1)]. M. PENDING ITEMS – None. N. ADJOURNMENT **************************************************************************************************** INFORMATION ITEMS 1. Purchase Orders between $2,500 and $15,000 for Council Review 2. Federal Energy Regulatory Commission Notice of Intent – Kenai LNG Cool Down Project 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. Page 42 of 48 Pages June 26, 2019 City of Kenai Planning and Zoning Commission Meeting 144 N. Binkley Street, Soldotna, Alaska 99669 (907) 714-2215 (907) 714-2378 Fax Office of the Borough Clerk Betty J. Glick Assembly Chambers, Kenai Peninsula Borough George A. Navarre Administration Building Max J. Best, Planning Director • Charlie Pierce, Borough Mayor Blair Martin, Chairman – Kalifornsky Beach • Robert Ruffner, Vice Chairman – Kasilof/Clam Gulch Dr. Rick Foster, Parliamentarian – Southwest Borough • Syverine Abrahamson-Bentz – Anchor Point/Ninilchik Jeremy Brantley – Sterling • Paulette Bokenko-Carluccio – City of Seldovia • Cindy Ecklund – City of Seward Robert F. Ernst – Northwest Borough • Diane Fikes – City of Kenai • Virginia Morgan – East Peninsula Franco Venuti – City of Homer • Paul Whitney – City of Soldotna Planning Commission Tentative Agenda June 24, 2019 7:30 p.m. A. CALL TO ORDER B. ROLL CALL C. APPROVAL OF CONSENT AND REGULAR AGENDA All items marked with an asterisk (*) are consent agenda items. Consent agenda items are considered routine and non- controversial by the Planning Commission and will be approved by one motion. There will be no separate discussion of consent agenda items unless a Planning Commissioner so requests in which case the item will be removed from the consent agenda and considered in its normal sequence on the regular agenda. If you wish to comment on a consent agenda item or a regular agenda item other than a public hearing, please advise the recording secretary before the meeting begins, and she will inform the Chairman of your wish to comment. *1. Time Extension Request a. Seater View Subdivision KPB File 2009-085 [Integrity / Seater] Location: bordering Nikishka Bay in Nikiski *2. Planning Commission Resolutions - None *3. Plats Granted Administrative Approval *4. Plats Granted Final Approval (20.10.070) - None *5. Plat Amendment Request - None *6. Utility Easement Vacations - None *7. Commissioner Excused Absences a. Vacant, Ridgeway *8. Minutes a. June 10, 2019 Planning Commission Minutes Page 43 of 48 Pages June 26, 2019 City of Kenai Planning and Zoning Commission Meeting Planning Commission Tentative Agenda June 24, 2019 Page 2 D. PUBLIC COMMENT/PRESENTATIONS/COMMISSIONERS (Items other than those appearing on the agenda or scheduled for public hearing. Limited to five minutes per speaker unless previous arrangements are made.) E. UNFINISHED BUSINESS 1. Conditional Land Use Permit for Beachcomber LLC. Postponed from June 10, 2019 meeting. Motion on floor. F. VACATIONS NOT REQUIRING A PUBLIC HEARING 1. Vacate the 10-foot-wide drainage easement on Lot 24-A, AA Mattox Peggi’s Addition (HM 99-64); within Section 17, Township 6 South, Range 13 West, Seward Meridian, City of Homer, Kenai Peninsula Borough, Alaska. KPB File 2019-048V. Petitioner: Peggi Patton of Homer, Alaska. G. SPECIAL CONSIDERATIONS 1. Request to Review the May 13, 2019 Plat Committee’s Conditional Preliminary Approval of Diamond Ridge Estates No. 5 KPB File 2019-037 [Geovera, LLC / Arno] Location: on Estate Drive, off Skittles Street and Skyline Drive, Diamond Ridge Kachemak Bay APC H. PUBLIC HEARINGS 1. Vacate the southwesternmost approximately 560 feet, of the Dorothy Drive right-of-way as dedicated on Gruening Vista 1988 Addition (HM 88-37). Also, vacate the associated 10’ wide utility easements within Lots 38, 40, and 41 Gruening Vista 1988 Addition (HM 88-37). The right-of-way being vacated is unconstructed and located within the SE ¼ SE ¼ of Section 3, Township 6 South, Range 13 West, Seward Meridian, Kenai Peninsula Borough, Alaska. KPB File 2019-063V. Petitioner: Spotty Merle LLC of Peachtree City, GA. 2. Ordinance 2019-__; An Ordinance Amending KPB Chapter 21.25, Conditional Land Use Permits and Amending KPB Chapter 21.29, Material Site Permits. I. ANADROMOUS WATERS HABITAT PROTECTION DISTRICT (21.18) - None J. SUBDIVISION PLAT PUBLIC HEARINGS 1. The Plat Committee will review 7 preliminary plat. K. OTHER/NEW BUSINESS Page 44 of 48 Pages June 26, 2019 City of Kenai Planning and Zoning Commission Meeting Planning Commission Tentative Agenda June 24, 2019 Page 3 1. New Plat Committee (July, August, September 2019) – 5 Members / 2 Alternates L. ASSEMBLY COMMENTS M. LEGAL REPRESENTATIVE COMMENTS N. DIRECTOR'S COMMENTS O. COMMISSIONER COMMENTS P. PENDING ITEMS FOR FUTURE ACTION Q. ADJOURNMENT MISCELLANEOUS INFORMATIONAL ITEMS NO ACTION REQUIRED NEXT REGULARLY SCHEDULED PLANNING COMMISSION MEETING The next regularly scheduled Planning Commission meeting will be held Monday, July 15, 2019 in the Betty J. Glick Assembly Chambers of the Kenai Peninsula Borough George A. Navarre Administration Building, 144 North Binkley St, Soldotna, Alaska at 7:30 p.m. ADVISORY PLANNING COMMISSION MEETINGS NOTE: Advisory planning commission meetings are subject to change. Please verify the meeting date, location, and time with the advisory planning commission chairperson. Chairperson contact information is on each advisory planning commission website, which is linked to the Planning Department website. CONTACT INFORMATION KENAI PENINSULA BOROUGH PLANNING DEPARTMENT Phone: 907-714-2215 Phone: toll free within the Borough 1-800-478-4441, extension 2215 Fax: 907-714-2378 e-mail address: planning@kpb.us website: http://www.kpb.us/planning-dept/planning-home ADVISORY COMMISSION MEETING LOCATION DATE TIME Anchor Point Anchor Point Chamber of Commerce July 10, 2019 7:00 p.m. Cooper Landing Cooper Landing Community Hall July 10, 2019 6:00 p.m. Funny River TBD TBD TBD Moose Pass Moose Pass Community Hall TBD 6:30 p.m. Hope / Sunrise Hope Social Hall TBD 6:00 p.m. The Kachemak Bay Advisory Planning Commission is inactive at this time. Page 45 of 48 Pages June 26, 2019 City of Kenai Planning and Zoning Commission Meeting 144 N. Binkley Street, Soldotna, Alaska 99669 (907) 714-2200 (907) 714-2378 Fax Office of the Borough Clerk Betty J. Glick Assembly Chambers, Kenai Peninsula Borough George A. Navarre Administration Building Paulette Bokenko-Carluccio – City of Seldovia • Jeremy Brantley – Sterling Cindy Ecklund – City of Seward • Franco Venuti – City of Homer • Paul Whitney – City of Soldotna Alternates: Diane Fikes – City of Kenai Plat Committee Tentative Agenda June 24, 2019 6:00 p.m. A. CALL TO ORDER B. ROLL CALL C. APPROVAL OF AGENDA, EXCUSED ABSENCES, AND MINUTES 1. Agenda 2. Member/Alternate Excused Absences 3. Minutes a. June 10, 2019 Plat Committee Minutes D. PUBLIC COMMENT (Items other than those appearing on the agenda or not scheduled for public hearing. Limited to five minutes per speaker unless previous arrangements are made.) E. SUBDIVISION PLAT PUBLIC HEARINGS 1. Troy’s Camp KPB File 2019-022R1 [Seabright Surveying / Sorensen] Location: on Mona Road and Dave Road, Fox River Kachemak Bay APC 2. 59 North KPB File 2019-067 [[Seabright Surveying / Shavelson-Weiss Community Property Trust] Location: on W. Fairview Avenue and Rangeview Avenue; City of Homer 3. Condra Terrace Too 2019 Addition KPB File 2019-066 [Orion Surveys / Merrick, Bruce B. Shaw Revocable Trust, Shaw] Location: on East End Road and Old East End Road; Fritz Creek Kachemak Bay APC 4. Kachemak Bay Ranchos 2019 KPB File 2019-070 [Ability Surveys / Collins, Ward] Location: on Waldeck Avenue, Brenda Street, and Cindi Avenue, off of North Fork Road, Diamond Ridge Page 46 of 48 Pages June 26, 2019 City of Kenai Planning and Zoning Commission Meeting Plat Committee Tentative Agenda June 24, 2019 Page 2 5. Riverview Subdivision Fraley 2019 Replat KPB File 2019-050 [Segesser Surveys / Fraley] Location: on W. Riverview Avenue, off S. Kobuk Street, City of Soldotna 6. House Subdivision 2019 Replat KPB File 2019-068 [McLane Consulting Group / Plagge, The Dennis Ward Bible and Susan Bible Revocable Living Trust] Location: on Funny Moose Lane and House Drive, off Funny River Road, Funny River Funny River APC 7. Birch Acres Subdivision Number Two KPB File 2019-069 [Edge Survey & Design, LLC / Muller, Poppin Family Revocable Community Property Trust] Location: on Erlwein Road, off Forest Lane, Sterling F. FINAL SUBDIVISION PLAT PUBLIC HEARING - None G. OTHER / NEW BUSINESS H. MISCELLANEOUS INFORMATION – NO ACTION REQUIRED I. ADJOURNMENT NEXT REGULARLY SCHEDULED MEETING The next regularly scheduled Plat Committee meeting will be held Monday, July 15, 2019 in the Betty J. Glick Assembly Chambers of the Kenai Peninsula Borough George A. Navarre Administration Building, 144 North Binkley, Soldotna, Alaska at 5:30 p.m. PLANNING DEPARTMENT Phone: 907-714-2215 Fax: 907-714-2378 Phone: toll free within the Borough 1-800-478-4441, extension 2215 e-mail address: planning@kpb.us web site: http://www.kpb.us/planning-dept/planning-home Page 47 of 48 Pages June 26, 2019 City of Kenai Planning and Zoning Commission Meeting THIS PAGE INTENTIONALLY LEFT BLANK Page 48 of 48 Pages June 26, 2019 City of Kenai Planning and Zoning Commission Meeting