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HomeMy WebLinkAbout2021-12-22 Planning & Zoning PacketKenai Planning & Zoning Commission – Regular Meeting Page 1 of 2 December 22, 2021 Kenai Planning & Zoning Commission - Regular Meeting December 22, 2021 ꟷ 7:00 PM Kenai City Council Chambers 210 Fidalgo Avenue, Kenai, Alaska **Telephonic/Virtual Information on Page 2** www.kenai.city Agenda A. CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda 5. *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 it em will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. B. APPROVAL OF MINUTES C. SCHEDULED PUBLIC COMMENT (Public comment limited to ten (10) minutes per speaker) D. UNSCHEDULED PUBLIC COMMENT (Public comment limited to three (3) minutes per speaker; thirty (30) minutes aggregated) E. CONSIDERATION OF PLATS F. PUBLIC HEARINGS 1. Resolution PZ2021-43 - Application for a Conditional Use Permit for a Limited Marijuana Cultivation Facility for the property described as Lot 2, Block 9, Valhalla Heights Subdivision Part 1, located at 5345 Kenai Spur Highway, Kenai, Alaska 99611. The application was submitted by Bryce Hoxeng, 5345 Kenai Spur Highway, Unit B, Kenai, Alaska 99611. 2. Resolution PZ 2021-44 - Application for a Conditional Use Permit for a Standard Marijuana Cultivation Facility for the property described as Lot 1, Yragui Subdivision, located at 8847 Kenai Spur Highway, Kenai, Alaska 99611. The application was submitted by Nicholas Mann, 140 Bidarka Street #1342, Kenai, Alaska 99611. Page 1 Kenai Planning & Zoning Commission – Regular Meeting Page 2 of 2 December 22, 2021 G. UNFINISHED BUSINESS 1. Resolution PZ2021-39 - Recommending the Council of the City of Kenai Approve and Adopt the City of Kenai Land Management Plan. [Clerk's Note: At the December 8th Meeting, this Resolution was Postponed to this Meeting; a Motion to Enact is On the Floor.] H. NEW BUSINESS I. PENDING ITEMS J. REPORTS 1. City Council 2. Kenai Peninsula Borough Planning 3. City Administration K. ADDITIONAL PUBLIC COMMENT (Public comment limited to five (5) minutes per speaker) L. INFORMATIONAL ITEMS M. NEXT MEETING ATTENDANCE NOTIFICATION 1. January 12, 2022 N. COMMISSION COMMENTS AND QUESTIONS O. ADJOURNMENT 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. Join Zoom Meeting https://us02web.zoom.us/j/85212059041 OR Call: (253) 215-8782 or (301) 715-8592 Meeting ID: 852 1205 9041 Passcode: 922716 Page 2 _____________________________________________________________________________________ CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. 2021-43 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI GRANTING A CONDITIONAL USE PERMIT FOR A LIMITED MARIJUANA CULTIVATION FACILITY. APPLICANT: Bryce Hoxeng PROPERTY ADDRESS: 5345 Kenai Spur Highway LEGAL DESCRIPTION: Lot 2, Block 9, Valhalla Heights Subdivision Part 1 KENAI PENINSULA BOROUGH PARCEL NUMBER: 04925017 WHEREAS, a complete application meeting the requirements of Kenai Municipal Code 14.20.150 was submitted to the City; and, WHEREAS, the applicant has demonstrated with plans and other documents that the prerequisites of a Conditional Use Permit have been met pursuant to Kenai Municipal Code 14.20.150; and, WHEREAS, the City of Kenai Planning and Zoning Commission conducted a duly advertised public hearing on December 22, 2021, following requirements outlined in Kenai Municipal Code 14.20.280 and KMC14.20.330(c) for public hearings and notifications. WHEREAS, the Planning and Zoning Commission finds: 1. 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; Critera Met: 5345 Kenai Spur Highway is zoned Limited Commercial (LC). The proposed Limited Marijuana Cultivation Facility meets the intent of the Limited Commercial Zone (LC) to provide transition areas between commercial and residential districts by allowing low to medium volume business, mixed residential and other compatible uses which complement and do not materially detract from the uses allowed with adjacent districts. A Limited Marijuana Cultivation Facility would be a low volume business in a mixed residential and commercial neighborhood. The Land Use Table provides that Limited Marijuana Cultivation Facilities are a conditional use for the Limited Commercial Zoning Districts; therefore, a conditional use permit must be granted for the operation of a Limited Marijuana Cultivation Facility. The applicant has provided a site plan that provides the layout of the premises. Page 3 Resolution No. PZ2021-43 Page 2 of 4 “Marijuana cultivation facility, limited” means an entity registered to cultivate in an area of five hundred (500) square feet or less of cultivation, prepare, and package marijuana and to sell marijuana to retail marijuana stores, to marijuana product manufacturing facilities, and to other marijuana cultivation facilities, but not to consumers. 2. KMC 14.20.150(d)(2) The economic and noneconomic value of the adjoining property and neighborhood will not be significantly impaired; Criteria Met. The parcel to the North has a residential accessory structure. The parcels to the South and West have residential dwellings. And the Kenai Spur Highway is located to the East. Both the economic and noneconomic value of adjacent properties should not be significantly impacted by this change in use since the Limited Marijuana Cultivation Facility is limited to 500 square feet or less in an existing building, the business is for wholesale only with no consumers accessing the property, and no additional traffic. The applicant has also noted “items owned by the cultivation will not be stored outside. There will be no signs attached to the outside of the building that display the cultivation's business name or the industry type (marijuana)”. 3. KMC 14.20.150(d)(3) The proposed use is in harmony with the Comprehensive Plan; Criteria Met. The Land Use Plan, from the 2016 Comprehensive Plan, proposes a Mixed Use land use for this neighborhood. The Mixed Use Land Use Classification is defined in the Comprehensive Plan: “Mixed use is intended for a compatible mix of residential, retail, service, office, public, institutional and recreational uses. Uses are co-located in an integrated way that supports sustainable forms of transport such as public transport, walking and biking, and increases neighborhood amenities. Compatibility issues are addressed through careful site layout and building design.” All of the adjacent parcels are zoned Limited Commercial, providing for a mix of residential and commercial uses, connected by a walking/bike path along the Kenai Spur Highway. The Comprehensive Plan has goals to support businesses and economic development and to provide a high quality of life within the City. Below are specific goals/objectives from the Comprehensive Plan that support this CUP application: Goal 1 of the Comprehensive Plan is to promote and encourage quality of life in Kenai. • Q-4 Promote the siting and design of land uses that are in harmony and scale with surrounding uses Goal 2 of the Comprehensive Plan is to provide economic development to support the fiscal health of Kenai. • ED-5 Promote adaptive reuse of vacant commercial buildings in the city center and along the Kenai Spur Highway. Goal 3 of the Comprehensive Plan is to Develop land use strategies to implement a forward-looking approach to community growth and development. • LU-5 Support development at emerging community “centers” that lie outside the major employment centers but provide a mix of retail, service, and residential uses. Page 4 Resolution No. PZ2021-43 Page 3 of 4 4. KMC 14.20.150(d)(4) Public services and facilities are adequate to serve the proposed use; Criteria Met. The subject property is accessed via a paved, State of Alaska Department of Transportation maintained highway. There are no City sewer or water services in the vicinity (sewer and water services are located 500+ feet to the North, beyond the two hundred (200) feet required for connecting to the public water system per Kenai Municipal Code 17.10.010.), the property has an existing a private septic and water well system. There is access to natural gas, electricity, and telephone services. 5. KMC 14.150(d)(5) The proposed use will not be harmful to the public safety, health or welfare; Criteria Met: A Limited Marijuana Cultivation Facility would not be harmful to the public safety, health, or welfare. The applicant has noted items owned by the cultivation will not be stored outside. There will be no signs attached to the outside of the building that display the cultivation's business name or the industry type (marijuana). The applicant has also provided a site plan with the layout of the facility on the property and no additional traffic will be generated since it is a wholesale business, and consumers will not be accessing the property. 6. 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. See Conditions of Approval as set forth below. NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA: Section 1. That a conditional use permit is granted to Bryce Hoxeng for a Limited Marijuana Cultivation Facility for properties described as Lot 2, Block 9, Valhalla Heights Subdivision Part 1 and located at 5345 Kenai Spur Highway. Section 2. That the conditional use permit is subject to the following conditions: 1. Further development of the property shall conform to all federal, State of Alaska, and local regulations. 2. Prior to starting operations, a landscape/site plan must be reviewed and approved by the Planning Director. 3. Prior to beginning construction of any new structures, a building permit must be issued by the Building Official for the City of Kenai. Any renovations must check in with the Building Official regarding any required building permits. 4. Standards for commercial marijuana establishments per KMC14.20.330 must be maintained. Page 5 Resolution No. PZ2021-43 Page 4 of 4 5. A yearly Conditional Use Permit report must be submitted to the City of Kenai prior to the 31st day of December of each year. 6. The applicant will meet with City staff for on-site inspections when requested. 7. 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(l)(5). 8. Pursuant to KMC 14.20.150(l)(2), this permit shall expire automatically upon termination or interruption of the use for a period of at least one year. 9. Failure to provide documentation to the City for meeting these conditions shall be grounds for the suspension or revocation of the conditional use permit. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, this 22nd day of December, 2021. JEFF TWAIT, CHAIRPERSON ATTEST: ______________________________________ MEGHAN THIBODEAU, DEPUTY CITY CLERK Page 6 STAFF REPORT TO: Planning and Zoning Commission FROM: Ryan Foster, Planning Director DATE: December 14, 2021 SUBJECT: PZ2021-43 – CUP – Limited Marijuana Cultivation Facility Applicant: Bryce Hoxeng 5345 Kenai Spur Highway, Unit B Kenai, Alaska 99611 Legal Description: Lot 2, Block 9, Valhalla Heights Subdivision Part 1 Property Address: 5345 Kenai Spur Highway KPB Parcel No: 04925017 Lot Size: 0.42 Acres (18,295 square feet) Existing Zoning: Limited Commercial Current Land Use: Residential Dwelling Land Use Plan: Mixed Use GENERAL INFORMATION The applicant, Bryce Hoxeng, has submitted a conditional use permit application for a Limited Marijuana Cultivation Facility at 5345 Kenai Spur Highway. Per Kenai Municipal Code 14.22.010 Land use table, a Limited Marijuana Cultivation Facility use requires a conditional use permit in the Limited Commercial zoning district. A conditional use permit is requested in order to operate a limited marijuana cultivation facility out of the un-occupied building on this property. The building is mostly setup for a commercial operation since it was last used as a hair salon. Application, Public Notice, Public Comment Pursuant to Kenai Municipal Code 14.20.330(c) notices of the public hearing for the conditional use were mailed to property owners within a five hundred-foot (500’) periphery of the subject property. City staff published notice of the public hearing in the Peninsula Clarion. The applicant Page 7 Page 2 of 5 submitted an Affidavit of Posting verifying a sign was placed on the parcel with information on the public hearing for the conditional use request. ANALYSIS KMC14.20.330 – Standards for Commercial Marijuana Establishments The purpose of KMC14.20.330 is to establish general standards for commercial marijuana establishments. f) No portion of a parcel upon which any commercial marijuana establishment is located shall be permitted within the following buffer distances: (1) One thousand (1,000) feet of any primary and secondary schools (K-12) and five hundred (500) feet of any vocational programs, post-secondary schools, including but not limited to trade, technical, or vocational schools, colleges and universities, recreation or youth centers, correctional facilities, churches, and State-licensed substance abuse treatment facilities providing substance abuse treatment; and There are no primary or secondary schools (institutional land use) within 1,000 feet of the subject property. There are no institutional land uses within 500 feet of the subject property. See attached Power Point presentation with the 500 foot buffer map with list of land use type and 1,000 foot buffer map with list of land use type. Recommended condition #4 states that “Standards for commercial marijuana establishments per KMC14.20.330 must be maintained.” Kenai Municipal Code 14.20.150(e) – Review Criteria for Conditional Use Permits Pursuant to KMC 14.20.150(a), the intent of a conditional use permit is to allow some uses that may be compatible with the designated principal uses in specific zoning districts provided certain conditions are met. KMC 14.20.150(e)-Conditional Use Permits Review Criteria states six conditions that the Planning and Zoning Commission must deem to exist when establishing findings prior to issuing a conditional use permit: Criteria # 1: The use is consistent with the purpose of this chapter and the purposes and intent of the zoning district. Applicant Response: The parcel is zoned as limited commercial. The cultivation facility will not increase traffic due to all sales being wholesale and not retail. Items owned by the cultivation will not be stored outside. There will be no signs attached to the outside of the building that display the cultivation's business name or the industry type (marijuana). Staff Response: 5345 Kenai Spur Highway is zoned Limited Commercial (LC). The proposed Limited Marijuana Cultivation Facility meets the intent of the Limited Commercial Zone (LC) to provide transition areas between commercial and residential districts by allowing low to medium volume business, mixed residential and other compatible uses which complement and do not materially detract from the uses allowed with adjacent districts. A Limited Marijuana Cultivation Facility would be a low volume business in a mixed residential and commercial neighborhood. Page 8 Page 3 of 5 The Land Use Table provides that Limited Marijuana Cultivation Facilities are a conditional use for the Limited Commercial Zoning Districts; therefore, a conditional use permit must be granted for the operation of a Limited Marijuana Cultivation Facility. The applicant has provided a site plan that provides the layout of the premises. “Marijuana cultivation facility, limited” means an entity registered to cultivate in an area of five hundred (500) square feet or less of cultivation, prepare, and package marijuana and to sell marijuana to retail marijuana stores, to marijuana product manufacturing facilities, and to other marijuana cultivation facilities, but not to consumers. Criteria #2: The economic and noneconomic value of the adjoining property and neighborhood will not be significantly impaired. Applicant Response: No increase in traffic, no signs indicating a marijuana cultivation is operating, a high level of security will be in place and AMCO requires that no odor is detectable from a public place. Staff Response: The parcel to the North has a residential accessory structure. The parcels to the South and West have residential dwellings. And the Kenai Spur Highway is located to the East. Both the economic and noneconomic value of adjacent properties should not be significantly impacted by this change in use since the Limited Marijuana Cultivation Facility is limited to 500 square feet or less in an existing building, the business is for wholesale only with no consumers accessing the property, and no additional traffic. The applicant has also noted “items owned by the cultivation will not be stored outside. There will be no signs attached to the outside of the building that display the cultivation's business name or the industry type (marijuana)”. Criteria #3: The proposed use is in harmony with the Comprehensive Plan. Applicant Response: The cultivation facility will benefit the state and local economy through taxes, both excise tax and sales tax from retail stores. The cultivation facility will not alter the current land use due to the building being already in place. Natural resources will stay protected since the cultivation's waste consists of water used in the bathroom (no liquid waste from growing) and a combination of growing medium (peat moss) and ground up plant material. Staff Response: The Land Use Plan, from the 2016 Comprehensive Plan, proposes a Mixed Use land use for this neighborhood. The Mixed Use Land Use Classification is defined in the Comprehensive Plan: “Mixed use is intended for a compatible mix of residential, retail, service, office, public, institutional and recreational uses. Uses are co-located in an integrated way that supports sustainable forms of transport such as public transport, walking and biking, and increases neighborhood amenities. Compatibility issues are addressed through careful site layout and building design.” Page 9 Page 4 of 5 All of the adjacent parcels are zoned Limited Commercial, providing for a mix of residential and commercial uses, connected by a walking/bike path along the Kenai Spur Highway. The Comprehensive Plan has goals to support businesses and economic development and to provide a high quality of life within the City. Below are specific goals/objectives from the Comprehensive Plan that support this CUP application: Goal 1 of the Comprehensive Plan is to promote and encourage quality of life in Kenai.  Q-4 Promote the siting and design of land uses that are in harmony and scale with surrounding uses Goal 2 of the Comprehensive Plan is to provide economic development to support the fiscal health of Kenai.  ED-5 Promote adaptive reuse of vacant commercial buildings in the city center and along the Kenai Spur Highway. Goal 3 of the Comprehensive Plan is to Develop land use strategies to implement a forward-looking approach to community growth and development.  LU-5 Support development at emerging community “centers” that lie outside the major employment centers but provide a mix of retail, service, and residential uses. Criteria #4: Public services and facilities are adequate to serve the proposed use. Applicant Response: Electric, gas, and telephone are connected to the proposed building. A private well and septic service the building as well. Staff Response: The subject property is accessed via a paved, State of Alaska Department of Transportation maintained highway. There are no City sewer or water services in the vicinity (sewer and water services are located 500+ feet to the North, beyond the two hundred (200) feet required for connecting to the public water system per Kenai Municipal Code 17.10.010.), the property has an existing a private septic and water well system. There is access to natural gas, electricity, and telephone services. Criteria #5: The proposed use will not be harmful to the public safety, health or welfare. Applicant Response: No increased traffic, no detectable odors to the public, no signage indication business nature (marijuana), no hazardous waste generated and a high level of security to prevent unauthorized access. Staff Response: A Limited Marijuana Cultivation Facility would not be harmful to the public safety, health, or welfare. The applicant has noted items owned by the cultivation will not be stored outside. There will be no signs attached to the outside of the building that display the cultivation's business name or the industry type (marijuana). The applicant has also provided a site plan with the layout of the facility on the property and no additional traffic will be generated since it is a wholesale business, and consumers will not be accessing the property. Page 10 Page 5 of 5 Criteria # 6: Specific conditions deemed necessary. Applicant Response: No impacts are foreseen by the conditional use of the property. Staff Response: See Conditions of Approval as set forth below. RECOMMENDATIONS City staff find that the applicant meets the criteria for issuance of a Conditional Use Permit as set forth in subsections (e)(1) through (e)(6) of Kenai Municipal Code 14.20.150, and hereby recommends that the Planning and Zoning Commission approve the Conditional Use Permit application, subject to the following conditions: 1. Further development of the property shall conform to all federal, State of Alaska, and local regulations. 2. Prior to starting operations, a landscape/site plan must be reviewed and approved by the Planning Director. 3. Prior to beginning construction of any new structures, a building permit must be issued by the Building Official for the City of Kenai. Any renovations must check in with the Building Official regarding any required building permits. 4. Standards for commercial marijuana establishments per KMC14.20.330 must be maintained. 5. A yearly Conditional Use Permit report must be submitted to the City of Kenai prior to the 31st day of December of each year. 6. The applicant will meet with City staff for on-site inspections when requested. 7. 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(l)(5). 8. Pursuant to KMC 14.20.150(l)(2), this permit shall expire automatically upon termination or interruption of the use for a period of at least one year. 9. Failure to provide documentation to the City for meeting these conditions shall be grounds for the suspension or revocation of the conditional use permit. ATTACHMENTS A. Conditional Use Permit Application B. Draft Site Plan C. Aerial Map D. KMC14.20.330 Standards for commercial marijuana establishments Page 11 City of Kenai c Planning and Zoning Department Conditional Use Permit 210 Fidalgo Aven!.le Kenai, AK 99611 Application (907) 283-8200 planning@kenai.city www.kenai.city/planning ~(!,1'··~~1:;1 Name: Maryann Cannon Mailing Address: 5345 Kenai Spur Hwy, Unit A City: Kenai I state: AK !Zip Code: 199611 Phone Number(s): 907-252-0551 Email: c4taggs@yahoo.com I ' ~~~ ~ r:n . .ffil~ lIF' r.t"t•1~1::a1 Name: Dryce Hoxeng Mailing Address: 5345 Kenai Spur Hwy, Unit B City: Kenai I state: AK IZip Code: 199611 Phone Number(s): 360-513-6358 Email: puffintuff2l@gmail.com -f~J~~U!V Kenai Peninsula Borough Parcel# (Property Tax ID): 04925017 Physical Address: 5345 Kenai Spur Hwy, Unit C, Kenai, AK 99611 Legal Description: T SN R lOW SEC 6 Seward Meridian KN 0001633 VALHALLA llElGHTS SUB PART 1 LOT 2 BLK 9 Zoning: Residential I Limited Commercial Acres: 0.42 1:!i1J,;'ll1][11(1i:~ ltl:::S....'f~:'.U~ ~ • I • ' . • f..'i• I• r.1 (:.Jlfltl• lt:l• 1:~-,-I --~ ---'"'!'--' ' . -l9111Al•.lar.aar-'& ... How is this property currently being used? I Two unit home and a separate un-occupied building Conditional Use Requested for (attach additional sheets if necessary): A conditional use permit is requested in order to operate a limited marijuana cultivation facility out of the un-occupied building on this property. The building is mostly setup for a commercial operation since it was last used as a hair salon. Explain how the conditional use is consistent with purposes and intent of the zoning district of the property: The parcel 1s 2one(1 ss nmited oommercu:n. The eumvatton raetlitY wm not inerease ttamc t!U~ to aii ~~it::S uemg wholesale and not retail. Items owned by the cultivation will not be stored outside. There will be no signs attached to the outside of the building that display the cultivation's business name or the industry type (marijuana). Explain how the value of adjoining property and neighborhood will not be significantly impaired by the conditional use: No increase in traffic, no signs indicating a marijuana cultivation is operating, a high level of security will be in place and AMCO requires that no odor is detectable from a public place. Page 12 Use of surrounding property -north: Vacant land to the Kenai Spur Highway Use of surrounding property-south: Thompson Place - 3 residential buildings U.se. of surrounding_ pr.operty-east .Kenai. Spur Highway, Use of surrounding property -west A 2-unit residential building on the same parcel Explain how the conditional use is in harmony with the City's Comprehensive ~Ian: The cultivation facility will benefit the state and local economy through taxes, both excise tax and sales tax from retail stores. The cultivation facility will not alter the current land use due to the building being already in place. "Natural resources will stay protected since the cultivation's waste consists of water used in tlie bathroom {no liquid waste from growing) and a combination of growing medium (peat moss) and ground up plant material. Are public services and facilities on the property adequate to serve the proposed conditional use? Electric, gas, and telephone are connected to the proposed building. A private well and septic service the ·building as wen-~ Explain how the conditional use will not be harmful to public safety, health, or welfare: f\l.Q. io.~r~~~~(t tr~ffiP., np_ d.~f~Qtab.!t}.. QQPF'.&. tQ .. tb~_ publiG, nQ_ $ign~ge indicating. business natwr~, (matiJJ.Ai:!O~) •. , no hazardous waste generated and a high level of security to prevent unauthorized access. Are there any measures with access, screening, site development, building design, or business operation that will lessen. potential.impacts of the conditional use to .neighbors? No impacts are foreseen by the conditional use of the property. AUTHORITY TO APPLY FOR CONDITIONAL USE: I hereby certify that (I am) (f have be.en au:thorized to act for) owner of the property described above and that I petition for a conditional use .permit in conformance with Title 14 .of the Kenai 1\i1unicipal Code. I understand that payment of the application fee is nonrefundable and is to cover the costs associated wilh processing thi.s application, and that it does not assure approval .of the conditi'onal use. I also understand that assigned hearing dates e1re tentative and may have to be postponed by Planning Department staff of the Planhin.g and Zoning Commission for administrative reasons. I understand that a site visit may be required to. process this application. City of Kenai personnel are .authorized to access the abo"Vesreferenred property fur the purpose cf pra.ce~sing this application. Signature: I Date: I Print Name: Bryce Hoxeng I Title/Business: !Owner I Puffin Tuff Farms Fer CU:ty U&e Only Date Appiication Fee Received: PZ Resotution Number: Page 13 Page 14 .. I I IJ ...__ "' _J -- ~ 1D J I I ...--.J > LJ "\ ~ D / R n n ·~ y_ J i · t :L i G -9 c c(J { -+- -h lt + ~ Page 15 -I I I l I - ,__ I I ... -I ' '~ l o .f ,, ii I 1-Page 16 Puffin Tuff ~arms LLCis Approviar of building/land use for a cultavation. I /2" rva.f'V'.t'/ t!ae/ o r/ agree to rent 5345 Kenai Spur l Hwy Unit C, Kenai Alaska 99611 to Bryce Hoxeng & Michael Welch for the Cultivation of Puffin Tuff Farms LLC. Building Owner's Signature /"/--#f R[i? 04t.e:JL.j JO /.2.6.1..} . 1 Page 17 Page 18 Page 19 PZ2021-43 CUP Limited Marijuana Cultivation Facility5345 Kenai Spur Highway KENAI SPUR HWYTHOMPSON PL.Data Source: Kenai Peninsula Borough. Data is for graphic representation only. Imagery may not match true parcel boundaries. 0 5025 Feet LEGEND Su bject Parcel Date: 12/14/2021 Page 20 14.20.330 Standards for commercial marijuana establishments. The purpose of this section is to establish general standards for commercial marijuana establishments. (a) Commercial marijuana establishments may be permitted or allowed with a conditional use permit under KMC 14.20.150, as provided in the City of Kenai’s Land Use Table, KMC 14.22.010, and the provisions of this section. On-site consumption endorsements may not be approved by conditional use permit or otherwise and are not permitted within the City. (b) Applicants applying for a conditional use permit must include an area map drawn to scale indicating all land uses on other properties within a five hundred (500) foot proximity of the lot upon which the applicant is seeking a conditional use permit. This shall be in addition to the conditional use permit submission requirements in KMC 14.20.150. (c) A public hearing shall be scheduled before the Planning and Zoning Commission to review the conditional use permit application once it has been deemed complete. The public hearing shall be scheduled in accordance with the requirements in KMC 14.20.280, except that notification shall be mailed to all real property owners on record on the Borough Assessor’s records within a five hundred (500) foot periphery of the parcel affected by the proposed action. (d) The preparation, packaging, manufacturing, processing, and storing of all marijuana, marijuana concentrate or marijuana products must be conducted within a fully enclosed, secure indoor facility. The growing and cultivating of marijuana must be conducted within a fully enclosed, secure indoor facility or greenhouse with view-obscuring rigid walls, a roof and doors, unless a nonrigid greenhouse, or other structure, is specifically approved, in which case the cultivation must be enclosed by a sight-obscuring wall or fence at least six (6) feet high. (e) All commercial marijuana establishments shall not emit an odor that is detectable by the public from outside the commercial marijuana establishment. (f) No portion of a parcel upon which any commercial marijuana establishment is located shall be permitted within the following buffer distances: (1) One thousand (1,000) feet of any primary and secondary schools (K-12) and five hundred (500) feet of any vocational programs, post-secondary schools, including but not limited to trade, technical, or vocational schools, colleges and universities, recreation or youth centers, correctional facilities, churches, and State- licensed substance abuse treatment facilities providing substance abuse treatment; and (2) Buffer distances shall be measured as the closest distance from the perimeter of a stand-alone commercial marijuana establishment structure to the outer boundaries of the school, recreation or youth center, or the main public entrance of a church, correctional facility, or a substance abuse treatment facility providing substance abuse treatment. If the commercial marijuana establishment occupies only a portion of a structure, buffer distances are measured as the closest distance from the perimeter of the closest interior wall segregating the commercial marijuana establishment from other uses, or available 14.20.330 Standards for commercial marijuana establishments | Kenai Municipal Code Page 1 of 2 The Kenai Municipal Code is current through Ordinance 3243-2021, passed September 15, 2021. Page 21 The Kenai Municipal Code is current through Ordinance 3243-2021, passed September 15, 2021. Disclaimer: The City Clerk has the official version of the Kenai Municipal Code. Users should contact the City Clerk for ordinances passed subsequent to the ordinance cited above. Note: This site does not support Internet Explorer. To view this site, Code Publishing Company recommends using one of the following browsers: Google Chrome, Firefox, or Safari. City Website: www.kenai.city City Telephone: (907) 283-7535 Code Publishing Company 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, or a substance abuse treatment facility providing substance abuse treatment. (g) As provided in the Land Use Table, a person or licensee may apply for a conditional use permit to allow for a marijuana cultivation facility, standard, on lots of forty thousand (40,000) square feet or greater in size, and a marijuana cultivation facility, limited, on any size lot. (h) A marijuana cultivation facility, standard, or a marijuana cultivation facility, limited, shall only be allowed on a lot which has an existing structure consistent with a principal permitted use. (i) A marijuana cultivation facility located in an accessory building shall be subject to the setback provisions in KMC 14.24.020, development requirements table. A person or licensee seeking relief from the provisions in the development requirements table may apply for a variance subject to the provisions of KMC 14.20.180. (j) No retail marijuana store may conduct business on, or allow any customer or consumer to access, the licensed premises between the hours of 5:00 a.m. and 8:00 a.m. daily. (Ords. 2870-2016, 2997-2018, 3025-2018, 3068-2019, 3088-2019) 14.20.330 Standards for commercial marijuana establishments | Kenai Municipal Code Page 2 of 2 The Kenai Municipal Code is current through Ordinance 3243-2021, passed September 15, 2021. Page 22 PLANNING & ZONING COMMISSION Resolution PZ2021-43 –Conditional Use Permit –Limited Marijuana Cultivation Facility 5345 Kenai Spur Highway 1 Page 23 SUMMARY 2 Applicant:Bryce Hoxeng 5345 Kenai Spur Highway, Unit B Kenai, Alaska 99611 Legal Description: Lot 2, Block 9, Valhalla Heights Subdivision Part 1 Property Address: 5345 Kenai Spur Highway KPB Parcel No: 04925017 Lot Size:0.42 Acres (18,295 square feet) Existing Zoning: Limited Commercial Current Land Use: Residential Dwelling Land Use Plan: Mixed Use Page 24 SUMMARY 3 The applicant, Bryce Hoxeng, has submitted a conditional use permit application for a Limited Marijuana Cultivation Facility at 5345 Kenai Spur Highway. Per Kenai Municipal Code 14.22.010 Land use table, a Limited Marijuana Cultivation Facility use requires a conditional use permit in the Limited Commercial zoning district. A conditional use permit is requested in order to operate a limited marijuana cultivation facility out of the un-occupied building on this property. The building is mostly setup for a commercial operation since it was last used as a hair salon. Page 25 SITE PLAN Site plan of 5345 Kenai Spur Highway with the vacant hair salon building 4 Page 26 STAFF ANALYSIS KMC14.20.330 –Standards for Commercial Marijuana Establishments The purpose of KMC14.20.330 is to establish general standards for commercial marijuana establishments. There are no primary or secondary schools (institutional land use) within 1,000 feet of the subject property. There are no institutional land uses within 500 feet of the subject property. See attached Power Point presentation with the 500 foot buffer map with list of land use type and 1000 foot buffer map with list of land use type. Recommended condition #4 states that “Standards for commercial marijuana establishments per KMC14.20.330 must be maintained.” 5 Page 27 500 FOOT BUFFER MAP 6 Page 28 1,000 FOOT BUFFER MAP 7 Page 29 STAFF ANALYSIS Kenai Municipal Code 14.20.150(e) –Review Criteria for Conditional Use Permits Pursuant to KMC 14.20.150(a), the intent of a conditional use permit is to allow some uses that may be compatible with the designated principal uses in specific zoning districts provided certain conditions are met. KMC 14.20.150(e)- Conditional Use Permits Review Criteria states six conditions that the Planning and Zoning Commission must deem to exist when establishing findings prior to issuing a conditional use permit: 8 Page 30 REVIEW CRITERIA Criteria #1: The use is consistent with the purpose of this chapter and the purposes and intent of the zoning district. Criteria #2: The economic and noneconomic value of the adjoining property and neighborhood will not be significantly impaired. Criteria #3: The proposed use is in harmony with the Comprehensive Plan. Criteria #4: Public services and facilities are adequate to serve the proposed use. Criteria #5: The proposed use will not be harmful to the public safety, health or welfare. Criteria #6: Specific conditions deemed necessary. 9 Page 31 RECOMMENDATIONS City staff find that the applicant meets the criteria for issuance of a Conditional Use Permit as set forth in subsections (e)(1) through (e)(6) of Kenai Municipal Code 14.20.150, and hereby recommends that the Planning and Zoning Commission approve the Conditional Use Permit application, subject to the following conditions: 1.Further development of the property shall conform to all federal, State of Alaska, and local regulations. 2.Prior to starting operations, a landscape/site plan must be reviewed and approved by the Planning Director. 3.Prior to beginning construction of any new structures, a building permit must be issued by the Building Official for the City of Kenai. Any renovations must check in with the Building Official regarding any required building permits. 4.Standards for commercial marijuana establishments per KMC14.20.330 must be maintained. 10 Page 32 RECOMMENDATIONS CONTINUED 5.A yearly Conditional Use Permit report must be submitted to the City of Kenai prior to the 31st day of December of each year. 6.The applicant will meet with City staff for on-site inspections when requested. 7.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(l)(5). 8.Pursuant to KMC 14.20.150(l)(2), this permit shall expire automatically upon termination or interruption of the use for a period of at least one year. 9.Failure to provide documentation to the City for meeting these conditions shall be grounds for the suspension or revocation of the conditional use permit. 11 Page 33 ATTACHMENTS A. Application B. Draft Site Plan C. Aerial Map D. KMC14.20.330 Standards for commercial marijuana establishments 12 Page 34 A. APPLICATION 13 Page 35 B. SITE PLAN 14 Page 36 C. AERIAL MAP 15 Page 37 D. KMC14.20.330 STANDARDS FOR COMMERCIAL MARIJUANA ESTABLISHMENTS 16 Page 38 _____________________________________________________________________________________ CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. 2021-44 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI GRANTING A CONDITIONAL USE PERMIT FOR A STANDARD MARIJUANA CULTIVATION FACILITY. APPLICANT: Nicholas Mann PROPERTY ADDRESS: 8847 Kenai Spur Highway LEGAL DESCRIPTION: Lot 1, Yragui Subdivision KENAI PENINSULA BOROUGH PARCEL NUMBER: 04510012 WHEREAS, a complete application meeting the requirements of Kenai Municipal Code 14.20.150 was submitted to the City; and, WHEREAS, the applicant has demonstrated with plans and other documents that the prerequisites of a Conditional Use Permit have been met pursuant to Kenai Municipal Code 14.20.150; and, WHEREAS, the City of Kenai Planning and Zoning Commission conducted a duly advertised public hearing on December 22, 2021, following requirements outlined in Kenai Municipal Code 14.20.280 and KMC14.20.330(c) for public hearings and notifications. WHEREAS, the Planning and Zoning Commission finds: 1. 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; Critera Met: 8847 Kenai Spur Highway is zoned General Commercial (CG). The proposed Standard Marijuana Cultivation Facility meets the intent of the General Commercial Zone (CG) 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. A Standard Marijuana Cultivation Facility would be a primary commercial use. Page 39 Resolution No. PZ2021-44 Page 2 of 4 The Land Use Table provides that a Standard Marijuana Cultivation Facility is a conditional use for the General Commercial Zoning District; therefore, a conditional use permit must be granted for the operation of a Standard Marijuana Cultivation Facility. The applicant has provided a site plan that provides the layout of the premises. “Marijuana cultivation facility, standard” means an entity registered to cultivate in an area greater than five hundred (500) square feet under cultivation, prepare, and package marijuana and to sell marijuana to retail marijuana stores, to marijuana product manufacturing facilities, and to other marijuana cultivation facilities, but not to consumers. 2. KMC 14.20.150(d)(2) The economic and noneconomic value of the adjoining property and neighborhood will not be significantly impaired; Criteria Met. To the North of the subject parcel is the Kenai Spur Highway. The parcel to the South is a residential dwelling. To the East is undeveloped. The parcel to the West is vacant commercial. Both the economic and noneconomic value of adjacent properties should not be significantly impacted by this change in use since the business is for wholesale only with no consumers accessing the property, and no additional traffic. The applicant has also noted “we are a wholesale only business, so there will be no foot traffic or other signs of activity to adversely affect the neighborhood”. 3. KMC 14.20.150(d)(3) The proposed use is in harmony with the Comprehensive Plan; Criteria Met. The Land Use Plan, from the 2016 Comprehensive Plan, proposes a Central Commercial land use for this neighborhood. The Central Commercial Land Use Classification is defined in the Comprehensive Plan: “Central Commercial is intended for retail, service, and office businesses at a more compact and denser scale; locations are accessible and convenient to both motorists and pedestrians. Central Commercial-type development is particularly desirable in the Townsite Historic District and adjacent core area. Residences may be appropriate among commercial uses in these central areas. Non-commercial uses such as public offices, institutional uses and residences may be appropriate among commercial uses. Central Commercial may also apply at locations that have evolved into new Kenai commercial “centers” that are developed at a small to medium scale.” The Comprehensive Plan has goals to support businesses and economic development and to provide a high quality of life within the City. Below are specific goals/objectives from the Comprehensive Plan that support this CUP application: Goal 1 of the Comprehensive Plan is to promote and encourage quality of life in Kenai. • Q-4 Promote the siting and design of land uses that are in harmony and scale with surrounding uses Goal 2 of the Comprehensive Plan is to provide economic development to support the fiscal health of Kenai. • ED-5 Promote adaptive reuse of vacant commercial buildings in the city center and along the Kenai Spur Highway. Goal 3 of the Comprehensive Plan is to Develop land use strategies to implement a forward-looking approach to community growth and development. Page 40 Resolution No. PZ2021-44 Page 3 of 4 • LU-5 Support development at emerging community “centers” that lie outside the major employment centers but provide a mix of retail, service, and residential uses. 4. KMC 14.20.150(d)(4) Public services and facilities are adequate to serve the proposed use; Criteria Met. The subject property is accessed via a paved, State of Alaska Department of Transportation maintained highway. City sewer and water provide service to the property via Candlelight Drive. There is access to natural gas, electricity, and telephone services. 5. KMC 14.150(d)(5) The proposed use will not be harmful to the public safety, health or welfare; Criteria Met: A Standard Marijuana Cultivation Facility would not be harmful to the public safety, health, or welfare. The applicant has noted there will be “no odor or visual signs of the business we are undertaking inside the building”. The applicant has also provided a site plan with the layout of the facility on the property and no additional traffic will be generated since it is a wholesale business, and consumers will not be accessing the property. 6. 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. See Conditions of Approval as set forth below. NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA: Section 1. That a conditional use permit is granted to Nicholas Mann for a Standard Marijuana Cultivation Facility for property described as Lot 1, Yragui Subdivision and located at 8847 Kenai Spur Highway. Section 2. That the conditional use permit is subject to the following conditions: 1. Further development of the property shall conform to all federal, State of Alaska, and local regulations. 2. Prior to starting operations, a landscape/site plan must be reviewed and approved by the Planning Director. 3. Prior to beginning construction of any new structures, a building permit must be issued by the Building Official for the City of Kenai. Any renovations must check in with the Building Official regarding any required building permits. 4. Standards for commercial marijuana establishments per KMC14.20.330 must be maintained. Page 41 Resolution No. PZ2021-44 Page 4 of 4 5. A yearly Conditional Use Permit report must be submitted to the City of Kenai prior to the 31st day of December of each year. 6. The applicant will meet with City staff for on-site inspections when requested. 7. 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(l)(5). 8. Pursuant to KMC 14.20.150(l)(2), this permit shall expire automatically upon termination or interruption of the use for a period of at least one year. 9. Failure to provide documentation to the City for meeting these conditions shall be grounds for the suspension or revocation of the conditional use permit. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, this 22nd day of December, 2021. JEFF TWAIT, CHAIRPERSON ATTEST: ______________________________________ MEGHAN THIDODEAU, DEPUTY CITY CLERK Page 42 STAFF REPORT TO: Planning and Zoning Commission FROM: Ryan Foster, Planning Director DATE: December 14, 2021 SUBJECT: PZ2021-44 – CUP – Standard Marijuana Cultivation Facility Applicant: Nicholas Mann 140 Bidarka Street #1342 Kenai, Alaska 99611 Legal Description: Lot 1, Yragui Subdivision Property Address: 8847 Kenai Spur Highway KPB Parcel No: 04510012 Lot Size: 1.58 Acres (68,824 square feet) Existing Zoning: General Commercial Current Land Use: General Commercial Land Use Plan: Central Commercial GENERAL INFORMATION The applicant, Nicholas Mann, has submitted a conditional use permit application for a Standard Marijuana Cultivation Facility at 8847 Kenai Spur Highway. Per Kenai Municipal Code 14.22.010 Land use table, a Standard Marijuana Cultivation Facility use requires a conditional use permit in the General Commercial zoning district. Application, Public Notice, Public Comment Pursuant to Kenai Municipal Code 14.20.330(c) notices of the public hearing for the conditional use were mailed to property owners within a five hundred-foot (500’) periphery of the subject property. City staff published notice of the public hearing in the Peninsula Clarion. The applicant submitted an Affidavit of Posting verifying a sign was placed on the parcel with information on the public hearing for the conditional use request. Page 43 Page 2 of 5 ANALYSIS KMC14.20.330 – Standards for Commercial Marijuana Establishments The purpose of KMC14.20.330 is to establish general standards for commercial marijuana establishments. f) No portion of a parcel upon which any commercial marijuana establishment is located shall be permitted within the following buffer distances: (1) One thousand (1,000) feet of any primary and secondary schools (K-12) and five hundred (500) feet of any vocational programs, post-secondary schools, including but not limited to trade, technical, or vocational schools, colleges and universities, recreation or youth centers, correctional facilities, churches, and State-licensed substance abuse treatment facilities providing substance abuse treatment; and There are no primary or secondary schools (institutional land use) within 1,000 feet of the subject property. There are no institutional land uses within 500 feet of the subject property. See attached Power Point presentation with the 500 foot buffer map with list of land use type and 1,000 foot buffer map with list of land use type. Recommended condition #4 states that “Standards for commercial marijuana establishments per KMC14.20.330 must be maintained.” Kenai Municipal Code 14.20.150(e) – Review Criteria for Conditional Use Permits Pursuant to KMC 14.20.150(a), the intent of a conditional use permit is to allow some uses that may be compatible with the designated principal uses in specific zoning districts provided certain conditions are met. KMC 14.20.150(e)-Conditional Use Permits Review Criteria states six conditions that the Planning and Zoning Commission must deem to exist when establishing findings prior to issuing a conditional use permit: Criteria # 1: The use is consistent with the purpose of this chapter and the purposes and intent of the zoning district. Applicant Response: The property is currently zoned 'General Commercial' and the use for marijuana cultivation is consistent as long as a conditional use permit is acquired (pursuant to KMC 14.20.150, as provided in the City of Kenai's Land Use Table, KMC 14.22.010, and the provisions of KMC 14.20.330). Staff Response: 8847 Kenai Spur Highway is zoned General Commercial (CG). The proposed Standard Marijuana Cultivation Facility meets the intent of the General Commercial Zone (CG) 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 Page 44 Page 3 of 5 to the uses excluded above. A Standard Marijuana Cultivation Facility would be a primary commercial use. The Land Use Table provides that a Standard Marijuana Cultivation Facility is a conditional use for the General Commercial Zoning District; therefore, a conditional use permit must be granted for the operation of a Standard Marijuana Cultivation Facility. The applicant has provided a site plan that provides the layout of the premises. “Marijuana cultivation facility, standard” means an entity registered to cultivate in an area greater than five hundred (500) square feet under cultivation, prepare, and package marijuana and to sell marijuana to retail marijuana stores, to marijuana product manufacturing facilities, and to other marijuana cultivation facilities, but not to consumers. Criteria #2: The economic and noneconomic value of the adjoining property and neighborhood will not be significantly impaired. Applicant Response: I will remain compliant with KMC 14.20.330 (Standards for commercial marijuana establishments.), meaning no smell or visible sign of cultivation. In addition, we are a wholesale only business, so there will be no foot traffic or other signs of activity to adversely affect the neighborhood. Staff Response: To the North of the subject parcel is the Kenai Spur Highway. The parcel to the South is a residential dwelling. To the East is undeveloped. The parcel to the West is vacant commercial. Both the economic and noneconomic value of adjacent properties should not be significantly impacted by this change in use since the business is for wholesale only with no consumers accessing the property, and no additional traffic. The applicant has also noted “we are a wholesale only business, so there will be no foot traffic or other signs of activity to adversely affect the neighborhood”. Criteria #3: The proposed use is in harmony with the Comprehensive Plan. Applicant Response: This conditional use will be in harmony by opening new, high paying, permanent job positions to be filled by locals. This satisfies goal 2 - Economic development. We will also be a large source of tax-revenue for the city, allowing them to pursue the other goals they have set for themselves. Staff Response: The Land Use Plan, from the 2016 Comprehensive Plan, proposes a Central Commercial land use for this neighborhood. The Central Commercial Land Use Classification is defined in the Comprehensive Plan: “Central Commercial is intended for retail, service, and office businesses at a more compact and denser scale; locations are accessible and convenient to both motorists and pedestrians. Central Commercial-type development is particularly desirable in the Townsite Historic District and adjacent core area. Residences may be appropriate among commercial uses in these central areas. Non-commercial uses such as public offices, institutional uses and residences may be appropriate among commercial uses. Central Commercial may also apply at locations that have evolved into new Kenai commercial “centers” that are developed at a small to medium scale.” Page 45 Page 4 of 5 The Comprehensive Plan has goals to support businesses and economic development and to provide a high quality of life within the City. Below are specific goals/objectives from the Comprehensive Plan that support this CUP application: Goal 1 of the Comprehensive Plan is to promote and encourage quality of life in Kenai.  Q-4 Promote the siting and design of land uses that are in harmony and scale with surrounding uses Goal 2 of the Comprehensive Plan is to provide economic development to support the fiscal health of Kenai.  ED-5 Promote adaptive reuse of vacant commercial buildings in the city center and along the Kenai Spur Highway. Goal 3 of the Comprehensive Plan is to Develop land use strategies to implement a forward-looking approach to community growth and development.  LU-5 Support development at emerging community “centers” that lie outside the major employment centers but provide a mix of retail, service, and residential uses. Criteria #4: Public services and facilities are adequate to serve the proposed use. Applicant Response: We have city water and city sewer, so the public services are more than adequate for the (approximately) two hundred gallons of water a day needed for the plants. We will only have two bathrooms and very little waste down the sewer, so the existing sewer lines will be adequate. Staff Response: The subject property is accessed via a paved, State of Alaska Department of Transportation maintained highway. City sewer and water provide service to the property via Candlelight Drive. There is access to natural gas, electricity, and telephone services. Criteria #5: The proposed use will not be harmful to the public safety, health or welfare. Applicant Response: We will produce no waste products other than inert growing medium and mulch in the form of vegetative waste. There will be no coming and going of customers- as we are completely wholesale. Finally, there will be no odor or visual signs of the business we are undertaking inside the building. Staff Response: A Standard Marijuana Cultivation Facility would not be harmful to the public safety, health, or welfare. The applicant has noted there will be “no odor or visual signs of the business we are undertaking inside the building”. The applicant has also provided a site plan with the layout of the facility on the property and no additional traffic will be generated since it is a wholesale business, and consumers will not be accessing the property. Criteria # 6: Specific conditions deemed necessary. Page 46 Page 5 of 5 Applicant Response: We will be installing a number of activated carbon filters to ensure that even on harvest days, the neighbors won’t tell a difference from normal operations. No smell, no sound, and no adverse visuals will affect the neighbors. Staff Response: See Conditions of Approval as set forth below. RECOMMENDATIONS City staff find that the applicant meets the criteria for issuance of a Conditional Use Permit as set forth in subsections (e)(1) through (e)(6) of Kenai Municipal Code 14.20.150, and hereby recommends that the Planning and Zoning Commission approve the Conditional Use Permit application, subject to the following conditions: 1. Further development of the property shall conform to all federal, State of Alaska, and local regulations. 2. Prior to starting operations, a landscape/site plan must be reviewed and approved by the Planning Director. 3. Prior to beginning construction of any new structures, a building permit must be issued by the Building Official for the City of Kenai. Any renovations must check in with the Building Official regarding any required building permits. 4. Standards for commercial marijuana establishments per KMC14.20.330 must be maintained. 5. A yearly Conditional Use Permit report must be submitted to the City of Kenai prior to the 31st day of December of each year. 6. The applicant will meet with City staff for on-site inspections when requested. 7. 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(l)(5). 8. Pursuant to KMC 14.20.150(l)(2), this permit shall expire automatically upon termination or interruption of the use for a period of at least one year. 9. Failure to provide documentation to the City for meeting these conditions shall be grounds for the suspension or revocation of the conditional use permit. ATTACHMENTS A. Conditional Use Permit Application B. Draft Site Plan C. Aerial Map D. KMC14.20.330 Standards for commercial marijuana establishments Page 47 Name: UEI JEREMY .F Malling Addre,~~:. 130 S WILLOW ST STE 6 City: :Kehai· State: Phone Number(s)~ .:; oo:j3959·oai.": .· · .· · . . . . . . . ·. .. :~ Email: . . . ' " .. ~ .. Je reniyuei@ ~otma iLi?9m · . Name: Nlc_holas'f Mann Mailing Address: 140 B idarka Street #1342 C ity:· Kenai State: Phone Number(s): ·719 221 9919 · Email: Nicholas Mann Kenai ~eninsula Borough Parcel# (Property Tax ID):. PhysiCal Address: 8847 Kenai Spur Buildings F G H AK AK ... ·· .. . . · .. City. of K-en;:ii-.. · · Planni ('ig ~nd Zoning De paftment . · 21 .o ·F.iaalgoAvenue: · \ . i. Kenj3i, AK 9961l' .. ' .. · : : •. ;. : ·:. (9.0Y} 283-8200 .' : < ·. , • : · pl~inrJing@kenai.city ; ·' ... 'WwW.kenaLcity/plar:inin.g •. •• • • l ••• • Zip code: 996-11 Zip Code: 99611 Leg al Description : T 6N R 11W SEC 34 SEWARD MERIDIAN KN 2003064 YRAGUI SUB LOT f . Zoning: General Comm~rclal Acres: 1.58 How is this property currently being used?. Empty Warehouse Conditional Use Requ~sted for (attach additional.sheE;tts. if neyessary): ' . ' Marijuana Cultivation Facility (standard) Explain ho'li the ·conditio:1~l use is consistent with purposes and intent of the. zoning dist~ict cf the property: the .property is currentiy zonec:!.'General Commercial' and -the use-formarijuana cultivation is -consistent as lo°ng as a co_niHtional use permi f is··acquired ·(1:)u.rsuant to KMC 1"·4".·20:150; as provided frr .the City of Kenai's Land Use Table, KMC .14.22.010, and the provisions of KMC -14.20.330) .. Explain how the value of adjoining _property and neig_hborhood will not be significantly impaired by the conditional use: ; w111 · remaifrcornpliaf'.lt with KMC ·14.2°0.33·0 (St~ridards for commercialmar·ijuana establishments.), meanin~j° no sm~Jf or Vjsi_b)~ sfgn of cu.itivation. ill ad9ition, we are ·~ wholesale only. business; ~.o t here will be no foot traffic or other signs of activity to adv~rsely affect the neighborhood. · · Page 48 Use of surrounding _.property_ -north: .Und~veloped land/Highway Use of surrounding property-south: Residential Use of surroundin~ property -east: Undeveloped land Use of surrounding· property -west: General Commercial Explain how the conditional use is in harmony with the City's Comprehensive Plan: This conditional use will be in harmony by opening new, high paying, permanent job positions to be filled by locals. this sat:sfies ·goal ~--Economic development We will al.so be a large source of tax ·reven.ue for the city, allowing them to pursue the othe_r goals they have set for themselves. Are publi.c services and facilities on the property adequate to serve the proposed conditional use? . . . .. -. . . . . . . We have dtywater and city sewer, so-the public services are more than adequate for the (apprqximately) two hundred gallons of water a day needed for the plants. We will only have two bathrooms cfr1d v_ery little waste down the sewer, so the ex.isting sewer lines will be adequate. · · Explain how the conditional use will not be harmful to public safety, health, or welfare: We .v;iin produce no waste products other than inert growing medium and mulch in tl:ie form of vegetative waste. There· will" be no coming and going· of customers-as we are completely whol.esale. Finally, there . will be no .. odor or visuai"sigris o(the biJsiness .we are undertaking inside the building. · Are there ·any measures with access, screening, ·site development, building design, ·or business operation that will le.ssen potential impacts of the conditional use to neighbors? .. '. we will be insta.lling a numbe·r .. of activated carbon filters to ensure that even on harvest days, the neighbors wont tell a cjiffer~nce from normal operations. No smell; nq sound and no· adverse visuals will affect the nerghbo·rs.··-· AUTHORITY TO APPLY FOR CONDITl·ONAL USE: I hereby certify t'1at (I am) {I have been authorized to act for) owner of the property described above and that I petition for a conditional use permit in conformance with Title 14 of the Kenai Municipal Code. ·I understand that payment of .the .application fee is nonrefundable and is to cover the costs associated with processing 1his application, and that it does not assure approval of the conditional use. I also understand that assigned hearing dates are tentative and may have to be pos_tponed by Planning Department staff of the Planning and Zoning Comm ission for administrative reasons. I understand that a site visit may be required to process this application. City of Kenai personne l are authorized to -access the above-referenced property for the purpose of processing this application. Sig·nature: · · :-·I Date: 1· Print Name: Nicholas Mann !Title/Business: I Shackleford .Investments LLC, Owner For City Use Only Date Application Fee Received: PZ Resolution Number: Page 49 Conditio·nal Use Permit Application City of Kenai Planning and Zoning Department 2 10 FidalgoAvenue Kenai, AK 99611 CHECKLIST . (907) 283-8200 . . Plan.ning@kenai :city www.kenai.c;ity/planning D ·Evaluate ·uses allowed· in your zoning district. Information on zoning i·s available at ke n·a i. city/plan n i ng/paqe/zon i ng. D Submit completed application form. The application fonn must include an attached site plan/floor plan with square footages of all structures on the property and parking areas. If applicable, include a State Business License and a KPB Tax Compliance Form with the application. Intents of zoning districts are at kenai.munici p al.codes/KMC/14.20. Information about the Comprehensive Plan is at kenai.city/planning/page/comprehensive -Rlan . D Pay the $265 fee as outlined in the Fee Schedule ($250 + 6% tax). D City staff will evaluate your application following Kenai Municipal Code 14.20.230 (kenai.municipal.codes/KMC/14.20.150). Pl ease answer questions from City staff about your application. 0 Meet with Fire Marshall for inspection of premises (if necessary). , Th·e Fir~_ Marshal will contact you to arrange an inspection. 0 Post sign on your property and confirm the posting with the City. P lanning staff will contact you and provide a sign stating a ·conditional use permit application has· been submitte·d. The sign must be posted at least 10 days before the Planning & Zoning Commission meeting. D Attend Planning & Zoning Commission meeting (not mandatory, but ·recommended). Attendance is beneficial so you are able to a·nswer questions of the Commission. O 15·day appeal period of the. Planning & Zoning Commission's decision. Thank you for choosing the City <:>f Kenai! Please contact the Planning & Zoning Department with application questions. Page 50 INFINITE fil DESIGN BRIAN COBB P.O. Box664 Donald, OR 97020 (b) 503.989.2992 (fl so3.ns.9013 /\// ~ # ~<:3 ..:::,«:-~ ~ 1j// z /' v ;,~/ "'%·. ..,. {!I • /,,?· . ,~ .... / •rt . ... -. ' . ·~"";'·~ -m!i.' mmm· . . L N89"5B'~E---96.95' -.... --. ~-s es·~· ~·w __ --1 - ---,32.18 ~ 1glfll ;;[~ . ~ ~1 ;· EXISTING PARKING; ~IJ11l~tf! ''\ __: . . l.J! ::,..---EXISTING GRAVEi. PARKING AREAS, TYPICAL LOT 1; 1.581 ACRES :~ I [: 8847\j UNITS B & L CREAR 0 WI\ ~ "'•\ z bl~ N 89' 58' 25.:..§._ --~17 /jjj_ / /_. Nag·~·~e ___ - - -1s2".39' (/) I - ---135.oo· -r LOT2 EBCDSITE PLAN I I I LOT3 SITE PLAN -REDUCED ALASKA AGRIGROW Tl 8847 KENAI SPUR HWY; UNITS B & CREAR KENAI, AL 99611 '~ w."' >I~ ~ 1; I-1. ~w m I 51 ~I u I s 89' 58' 54• w 3.00 .. 1·.1· I 30'-<r 3: r · 10' I N 89' 58' 54• E 3..00 I I I' I I OJ\TI!: 10/14121 ~1"=40'-0" ;;;;o;:-N0.:2021-os ()wHIYSTC A052 Page 51 ~ REMOVE EXTERIOR SIDING AT EXIS11NG DOOR OPENING, INSTAU. Fl.ASHING & WEATHCR-BAAAIERS TO 11'.AKE WEATHCR TIGHT.· REPlACE DOOR &f!WJ.E WITH INsutATEO DOOR LEAF & lOCKING HARDWARE • RESTRM ·.·;·UQ~·: .: 3!:i.73'SF El------·--RECEIVING [JQ[J 473.34 SF --~ WATER FERTIGATION OQ[] 403.52 SF 0 I (E}----,. NEW DOOR IN EXISTING OPENING ENLARGE OPENING FROM SINGLE LEAF TO DOUBLE LEAF DOOR & FRAME. FLOWER DQIJ I l j I I qi -----1955.09 SF ...• -·~-1-·--·-----~ ~ ·:~· -~ -·-.---E9CDFLOOR PLAN -LEVEL 01 INFINITE fl DESIGN BRlANCOBB P.O. Box 664 Donald, OR 97020 (b) 5il3.989.2i!92 (f) 503.776.9013 .:. CURING CJ:MJ 304.18 SF ff.Loo~ PLAN -LEVEL 1 1~4~!~!R~w~~~~~?~RTI KENA!, AL 99611 18'~" SHIPPING& PACKAGING []@ 629.57 SF EXISTING STAIR, RAILINGS, & GUARDRAIL ----.---, VEG OQ§] 548.84 SF I I 1--© I r-® q. -DAT!!: 10114/21 SCA1£: 1/8•" 1'..()' ~20+1--0a A 101 Page 52 cp ~ w '; --0 -----~ --------. . . ... rt ;; ' I fli~""nv• •M~Yji)z I t Lj --f8\ E fr _ rucru ~ LIM1 ~ I I II I J 15"-\0" (UNOCCUPIED) STORAGE 1_201] 1466.45 SF ---------~ I ~ ~I _,..-1 / .. / ·, . ./ ALIGN FRAMIN!> WITH FRAMING BELOW "' // '\... / "'/ · .. x OPEN TO BELOW ,/ "' / ""' / ·°\, '""' -··· ____ , .:_. _._· ·----1 (UNOCCUPIED) STORAGE DQ[] 1419.17 SF EXISTING GUARDRAJL I I I I I 1·--© ~-·· []Q§] ~ SECURED STOR , I ! . s~iQ I ._..,,. 1UHOCCUP1eoJ I ~ 187.36 SF = Ufil ~ • . . . . > 288.76 SF ~ ' 1/8" = 1·-0.. . I · INflMIU fl BRlAN COBB P.O. Boxse4 Oooald, 0 R 97020 (b) 503.989.2992 DESIGN (I) 503. 776. 9013 FLOOR PLAN -LEVEL 2 ALASKA AGRIGROW Tl 8847 KENAI SPUR HWY; UNITS B & C REAR KENAI, AL 99611 DATE: 10/14/21 SCAtl!: 11e· = 1·..o· PRO.I. N0.:2021--08 OWN ISTBTC I A 1 0 2 Page 53 Page 54 Page 55 PZ2021-44 CUP Standard Marijuana Cultivation Facility8847 Kenai Spur Highway ALIAK DRKENAI SPUR HWYCANDLELIGHT DRSHELIKOF ST.Data Source: Kenai Peninsula Borough. Data is for graphic representation only. Imagery may not match true parcel boundaries. 0 5025 Feet LEGEND Su bject Parcel Date: 12/14/2021 Page 56 14.20.330 Standards for commercial marijuana establishments. The purpose of this section is to establish general standards for commercial marijuana establishments. (a) Commercial marijuana establishments may be permitted or allowed with a conditional use permit under KMC 14.20.150, as provided in the City of Kenai’s Land Use Table, KMC 14.22.010, and the provisions of this section. On-site consumption endorsements may not be approved by conditional use permit or otherwise and are not permitted within the City. (b) Applicants applying for a conditional use permit must include an area map drawn to scale indicating all land uses on other properties within a five hundred (500) foot proximity of the lot upon which the applicant is seeking a conditional use permit. This shall be in addition to the conditional use permit submission requirements in KMC 14.20.150. (c) A public hearing shall be scheduled before the Planning and Zoning Commission to review the conditional use permit application once it has been deemed complete. The public hearing shall be scheduled in accordance with the requirements in KMC 14.20.280, except that notification shall be mailed to all real property owners on record on the Borough Assessor’s records within a five hundred (500) foot periphery of the parcel affected by the proposed action. (d) The preparation, packaging, manufacturing, processing, and storing of all marijuana, marijuana concentrate or marijuana products must be conducted within a fully enclosed, secure indoor facility. The growing and cultivating of marijuana must be conducted within a fully enclosed, secure indoor facility or greenhouse with view-obscuring rigid walls, a roof and doors, unless a nonrigid greenhouse, or other structure, is specifically approved, in which case the cultivation must be enclosed by a sight-obscuring wall or fence at least six (6) feet high. (e) All commercial marijuana establishments shall not emit an odor that is detectable by the public from outside the commercial marijuana establishment. (f) No portion of a parcel upon which any commercial marijuana establishment is located shall be permitted within the following buffer distances: (1) One thousand (1,000) feet of any primary and secondary schools (K-12) and five hundred (500) feet of any vocational programs, post-secondary schools, including but not limited to trade, technical, or vocational schools, colleges and universities, recreation or youth centers, correctional facilities, churches, and State- licensed substance abuse treatment facilities providing substance abuse treatment; and (2) Buffer distances shall be measured as the closest distance from the perimeter of a stand-alone commercial marijuana establishment structure to the outer boundaries of the school, recreation or youth center, or the main public entrance of a church, correctional facility, or a substance abuse treatment facility providing substance abuse treatment. If the commercial marijuana establishment occupies only a portion of a structure, buffer distances are measured as the closest distance from the perimeter of the closest interior wall segregating the commercial marijuana establishment from other uses, or available 14.20.330 Standards for commercial marijuana establishments | Kenai Municipal Code Page 1 of 2 The Kenai Municipal Code is current through Ordinance 3243-2021, passed September 15, 2021. Page 57 The Kenai Municipal Code is current through Ordinance 3243-2021, passed September 15, 2021. Disclaimer: The City Clerk has the official version of the Kenai Municipal Code. Users should contact the City Clerk for ordinances passed subsequent to the ordinance cited above. Note: This site does not support Internet Explorer. To view this site, Code Publishing Company recommends using one of the following browsers: Google Chrome, Firefox, or Safari. City Website: www.kenai.city City Telephone: (907) 283-7535 Code Publishing Company 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, or a substance abuse treatment facility providing substance abuse treatment. (g) As provided in the Land Use Table, a person or licensee may apply for a conditional use permit to allow for a marijuana cultivation facility, standard, on lots of forty thousand (40,000) square feet or greater in size, and a marijuana cultivation facility, limited, on any size lot. (h) A marijuana cultivation facility, standard, or a marijuana cultivation facility, limited, shall only be allowed on a lot which has an existing structure consistent with a principal permitted use. (i) A marijuana cultivation facility located in an accessory building shall be subject to the setback provisions in KMC 14.24.020, development requirements table. A person or licensee seeking relief from the provisions in the development requirements table may apply for a variance subject to the provisions of KMC 14.20.180. (j) No retail marijuana store may conduct business on, or allow any customer or consumer to access, the licensed premises between the hours of 5:00 a.m. and 8:00 a.m. daily. (Ords. 2870-2016, 2997-2018, 3025-2018, 3068-2019, 3088-2019) 14.20.330 Standards for commercial marijuana establishments | Kenai Municipal Code Page 2 of 2 The Kenai Municipal Code is current through Ordinance 3243-2021, passed September 15, 2021. Page 58 PLANNING & ZONING COMMISSION Resolution PZ2021-44 –Conditional Use Permit –Standard Marijuana Cultivation Facility 8847 Kenai Spur Highway 1 Page 59 SUMMARY 2 Applicant:Nicholas Mann 140 Bidarka Street #1342 Kenai, Alaska 99611 Legal Description: Lot 1, Yragui Subdivision Property Address: 8847 Kenai Spur Highway KPB Parcel No: 04510012 Lot Size:1.58 Acres (68,824 square feet) Existing Zoning: General Commercial Current Land Use: General Commercial Land Use Plan: Central Commercial Page 60 SUMMARY 3 The applicant, Nicholas Mann, has submitted a conditional use permit application for a Standard Marijuana Cultivation Facility at 8847 Kenai Spur Highway. Per Kenai Municipal Code 14.22.010 Land use table, a Standard Marijuana Cultivation Facility use requires a conditional use permit in the General Commercial zoning district. Page 61 SITE PLAN Site plan of 8847 Kenai Spur Highway 4 Page 62 STAFF ANALYSIS KMC14.20.330 –Standards for Commercial Marijuana Establishments The purpose of KMC14.20.330 is to establish general standards for commercial marijuana establishments. There are no primary or secondary schools (institutional land use) within 1,000 feet of the subject property. There are no institutional land uses within 500 feet of the subject property. Recommended condition #4 states that “Standards for commercial marijuana establishments per KMC14.20.330 must be maintained.” 5 Page 63 500 FOOT BUFFER MAP 6 Page 64 1,000 FOOT BUFFER MAP 7 Page 65 STAFF ANALYSIS Kenai Municipal Code 14.20.150(e) –Review Criteria for Conditional Use Permits Pursuant to KMC 14.20.150(a), the intent of a conditional use permit is to allow some uses that may be compatible with the designated principal uses in specific zoning districts provided certain conditions are met. KMC 14.20.150(e)- Conditional Use Permits Review Criteria states six conditions that the Planning and Zoning Commission must deem to exist when establishing findings prior to issuing a conditional use permit: 8 Page 66 REVIEW CRITERIA Criteria #1: The use is consistent with the purpose of this chapter and the purposes and intent of the zoning district. Criteria #2: The economic and noneconomic value of the adjoining property and neighborhood will not be significantly impaired. Criteria #3: The proposed use is in harmony with the Comprehensive Plan. Criteria #4: Public services and facilities are adequate to serve the proposed use. Criteria #5: The proposed use will not be harmful to the public safety, health or welfare. Criteria #6: Specific conditions deemed necessary. 9 Page 67 RECOMMENDATIONS City staff find that the applicant meets the criteria for issuance of a Conditional Use Permit as set forth in subsections (e)(1) through (e)(6) of Kenai Municipal Code 14.20.150, and hereby recommends that the Planning and Zoning Commission approve the Conditional Use Permit application, subject to the following conditions: 1.Further development of the property shall conform to all federal, State of Alaska, and local regulations. 2.Prior to starting operations, a landscape/site plan must be reviewed and approved by the Planning Director. 3.Prior to beginning construction of any new structures, a building permit must be issued by the Building Official for the City of Kenai. Any renovations must check in with the Building Official regarding any required building permits. 4.Standards for commercial marijuana establishments per KMC14.20.330 must be maintained. 10 Page 68 RECOMMENDATIONS CONTINUED 5.A yearly Conditional Use Permit report must be submitted to the City of Kenai prior to the 31st day of December of each year. 6.The applicant will meet with City staff for on-site inspections when requested. 7.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(l)(5). 8.Pursuant to KMC 14.20.150(l)(2), this permit shall expire automatically upon termination or interruption of the use for a period of at least one year. 9.Failure to provide documentation to the City for meeting these conditions shall be grounds for the suspension or revocation of the conditional use permit. 11 Page 69 ATTACHMENTS A. Application B. Draft Site Plan C. Aerial Map D. KMC14.20.330 Standards for commercial marijuana establishments 12 Page 70 A. APPLICATION 13 Page 71 B. SITE PLAN 14 Page 72 C. AERIAL MAP 15 Page 73 D. KMC14.20.330 STANDARDS FOR COMMERCIAL MARIJUANA ESTABLISHMENTS 16 Page 74 _____________________________________________________________________________________ CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. 2021-39 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI RECOMMENDING THE COUNCIL OF THE CITY OF KENAI APPROVE AND ADOPT THE CITY OF KENAI LAND MANAGEMENT PLAN WHEREAS, in 2018, City Council approved a City-wide approach to land management through the development of the City’s first Land Management Plan; and WHEREAS, the City of Kenai Imagine Kenai 2030 Comprehensive Plan includes economic development and land use goals and objectives to develop a land inventory and land use strategies to implement a forward-looking approach to community growth and development; and, WHEREAS, the City owns 369 subdivided parcels, including wetlands, tidelands, lands surrounding the Kenai Airport, and lands suitable for a variety of business, commercial, industrial, residential, recreational, and cultural purposes; and WHEREAS, the Planning and Zoning Commission of the City of Kenai and Planning Staff has received numerous comments and input regarding the draft City of Kenai Land Management Plan; and, WHEREAS, the Planning and Zoning Commission of the City of Kenai considered public comments and made changes to the draft City of Kenai Land Management Plan based on those comments; and, WHEREAS, City Staff held a public meeting on October 11, 2021, and scheduled public meetings for Commissions on November 4, 2021 November 8, 2021, and November 9, 2021 to receive public comments and discuss the City of Kenai Land Management Plan; and, WHEREAS, City Staff created an electronic comment form available on the City website to receive public comments on the City of Kenai Land Management Plan; and, WHEREAS, the Planning and Zoning Commission held a Public Hearing on October 27, 2021 and recommended that the Council of the City of Kenai approve the City of Kenai Land Management Plan. NOW, THEREFORE, BE IT RECOMMENDED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA: Section 1. The Draft of the City of Kenai Land Management Plan is hereby approved and adopted as the City of Kenai Land Management Plan. Section 2. That a copy of Resolution PZ2021-39 be forwarded to the Kenai City Council. Page 75 Resolution No. PZ2021-39 Page 2 of 2 New Text Underlined; [DELETED TEXT BRACKETED] PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, this 27th day of October, 2021. JEFF TWAIT, CHAIRPERSON ATTEST: ______________________________________ JAMIE HEINZ, CITY CLERK Page 76 MEMORANDUM TO: Planning and Zoning Commission FROM: Ryan Foster, Planning Director DATE: October 22, 2021 SUBJECT: Resolution PZ2021-39 – Recommending the Kenai City Council approve and adopt the City of Kenai Land Management Plan In 2018, City Council approved a City-wide approach to land management through the development of the City’s first Land Management Plan. Since that time, Administration has worked diligently to draft a Land Management Plan to inventory, evaluate, and develop recommendations related to City-owned lands. The City of Kenai Imagine Kenai 2030 Comprehensive Plan includes economic development and land use goals and objectives to develop a land inventory and land use strategies to implement a forward-looking approach to community growth and development. The goals of the Land Management Plan incorporate many of these objectives and include the following: • Provide an inventory of City-owned lands with detailed information on each parcel. • Identify properties required for a public purpose or to meet a future public need. • Establish recommendations for individual parcels that are surplus to the needs of the City to assist in responsible development. • Create a comprehensive reference document that establishes a format for developing land management policies and procedures. One of the City’s greatest assets is its land inventory. The City owns 369 subdivided parcels, including wetlands, tidelands, lands surrounding the Kenai Airport, and lands suitable for a variety of business, commercial, industrial, residential, recreational, and cultural purposes. The Land Management Plan is an important tool to spur economic growth and improve the quality of life for Kenai residents and is key to the long-term viability of the City. On October 11, 2021 there was a joint work session with City Council and City Commission Members to kick-off the review, discussion, and comment on the draft City of Kenai Land Management Plan. In addition to additional meeting(s) with the Planning and Zoning Commission, staff have scheduled presentations with the Airport Commission, Parks and Recreation Commission, Beautification Committee, and Harbor Commission to solicit discussion and comments on the draft Land Management Plan. Please review the attached materials. Page 77 Page 2 of 2 Does the Commission recommend Council approve and adopt the City of Kenai Land Management Plan? Attachments October 11, 2021 Joint Work Session Presentation Draft City of Kenai Land Management Plan Page 78 CITY OF KENAI LAND MANAGEMENT PLAN CITY OF KENAI Page 79 WHAT IS OUR "WHY" The purpose of the Land Management Plan is to evaluate and develop recommendations related to City- owned lands that encourage responsible growth and development to support a thriving business, residential, recreational and cultural community. LAND MANAGEMENT PLANPage 80 Background In 2018, the Kenai City Council approved land code revisions as part of a City-wide approach to land management through development of the City’s first Land Management Plan.LAND MANAGEMENT PLAN1963In 1963, the FAA transferred nearly 2,000 acres of land to the City of Kenai 1975 2006 1986 In 1975, the City first defined rules and regulations governing the administration of City-owned lands In 1981, the City began to actively dispose of lands and enacted ordinances to encourage disposal 2018 In 1986, Alaska went into recession. Land values, land sales, and leases declined In 2006, the Airport land sale and leasing code sections were repealed and reenacted In 2016, the City Council approved a policy for the sale of ten Airport leased lands (amended 2018, expired 2021) In 2018, the City Council approved revisions to the Airport Lands Code and as part of a City-wide approach to Land management In 2019, the City Council approved revisions to the General Fund lands CodePage 81 The City is unique in its ownership of a large and diverse amount of public land 5,440 Acres of Land 369 Subdivided parcels The equivalent of 4,114 Football Fields (with endzones) LAND MANAGEMENT PLANApproximately 8.5 square miles, roughly the size of Soldotna. Page 82 A SIGNIFIGANT UNDERTAKING A Land Management Plan provides an active approach to management that requires an inventory of land holdings and a comprehensive evaluation and analysis of each parcel. In 2018, the City hired a Temporary Lands Technician to research each parcel of City- owned land and enter the information into a new Lands Database. LAND MANAGEMENT PLANOver 567 recorded documents were reviewed and scanned into the database as part of this project Page 83 New City Lands Inventory and Database LAND MANAGEMENT PLANAn examination of public records and mapping was performed for each City-owned parcel to review and record detailed information in the database, including: Property Description (e.g. physical characteristics, zoning, land use) Facilities (e.g. parks, trails, structures, utilities) Status (e.g. public use, under active lease, availability for lease or sale) Fund (e.g. Airport Fund or General Fund) How the land was obtained (e.g. State, FAA, Municipal Entitlement, tax foreclosure) Encumbrances (e.g. easements, restrictions) Page 84 Land Management Plan Objectives LAND MANAGEMENT PLANProvide an inventory of City-owned lands with detailed information on each parcel Identify properties required for a public purpose or to meet a future public need Establish recommendations for individual parcels that are surplus to the needs of the City to assist in responsible development. Create a comprehensive reference document that establishes a format for developing land management policies and procedures. Page 85 IMPROVED RESPONSE TO PUBLIC The Land Management Plan can be used to actively manage City-owned lands in a wholistic way as well as provide better information to the public. In the future, we hope to make the Plan available on the City's interactive online mapping tool, allowing the public to research City-owned lands from anywhere. LAND MANAGEMENT PLANvs. No Public Inventory of City-owned Lands A member of the public must identify a parcel of interest No Individual Parcel Information on File City staff must research to determine if a parcel has conveyance or legislative restrictions No Guidance or Planning Documents Administration provides recommendation on case- by-case basis Public Listing of City-owned Lands Available listing on City website and at City Hall Individual Parcel Information Available A member of the public can immediately know if a parcel has been designated for lease or sale Land Management Plan Provides guidance and direction to Administration on the management of City- owned lands BEFORE AFTER Page 86 Land Statistics LAND MANAGEMENT PLANApproximately 1,613 acres or 129 parcels of City-owned lands are designated as Airport Fund 35% Parcels of City-owned Land are designated as "Airport Fund" 35% The City will generate $512,255 from 46 leases of land designated as Airport Fund in FY22, not including apron, airline, or terminal leases AIRPORT FUND PARCELS CURRENTLY UNDER LEASE Recommendations for Airport Fund Parcels Based on the Final Draft Land Management Plan: 49 PARCELS RECOMMENDED FOR LEASE-ONLY 19 PARCELS RECOMMENDED FOR RETENTION 47 PARCELS RECOMMENDED FOR LEASE OR SALE 14 PARCELS RECOMMENDED FOR MIXED: RETAIN/DISPOSEPage 87 Land Statistics Recommendations for General Fund Parcels Based on the Final Draft Land Management Plan: LAND MANAGEMENT PLANApproximately 3,826 acres or 239 parcels of City- owned lands are designated as General Fund.65% Parcels of City-owned Land designated as "General Fund"8.75% The City will generate $218,031 from 19 leases of land designated as General Fund in FY22, including tidelands, shorefishery, and no-cost leases GENERAL FUND PARCELS CURRENTLY UNDER LEASE 19 PARCELS RECOMMENDED FOR LEASE-ONLY 113 PARCELS RECOMMENDED FOR RETENTION 86 PARCELS RECOMMENDED FOR LEASE OR SALE 21 PARCELS RECOMMENDED FOR MIXED: RETAIN/DISPOSEPage 88 Land Management Plan Retention Recommendations LAND MANAGEMENT PLANMany City-owned lands should be retained for a public purpose and many are suitable for a variety of business, commercial, industrial, residential, recreational and cultural purposes. The Plan has four recommendation categories: Retain Dispose Dispose - Lease Only Mixed - Retain/Dispose Page 89 How the Land Management Plan is Structured The plan breaks city- owned lands into 46 areas with a map for each area Each area includes an overview and tables with detailed information on recommendations for each parcel LAND MANAGEMENT PLANPage 90 Land Management Plan Recommendation Categories LAND MANAGEMENT PLANThe Land Management Plan contains a recommendation for each parcel using the following categories: Retain Dispose Dispose - Lease Only Mixed - Retain/ Dispose 132 Parcels 67 35 131 Parcels Page 91 Land Management Plan Recommendation Categories LAND MANAGEMENT PLANRetain Dispose Dispose - Lease Only Mixed - Retain/ Dispose Page 92 Land Management Plan Recommendation Categories LAND MANAGEMENT PLANRetain Dispose Dispose - Lease Only Mixed - Retain/ Dispose IMAGERY GIS PLUS DATA Page 93 Land Management Plan Land Fund Categories LAND MANAGEMENT PLANAirport Reserve Land Airport Land Outside the Airport Reserve General Fund Land Page 94 Land Management Plan Land Fund Categories LAND MANAGEMENT PLANAirport Reserve Land Airport Land Outside the Airport Reserve General Fund Land IMAGERY GIS PLUS DATA Page 95 Land Management Plan Draft Timeline LAND MANAGEMENT PLANOCT Planning & Zoning Commission November 10 Airport Commission November 9 NOV Parks & Recreation Commission November 4 Harbor Commission November 8 JAN Resolution to approve Land Management Plan January 5 DEC Request to Schedule City Council Work Session to Finalize Land Management Plan December 1 Work Session to Finalize Land Management Plan Early December Joint Work Session Kenai Visitor Center October 11 Page 96 Land Management Plan Process LAND MANAGEMENT PLANMEET01. TODAY'S JOINT WORKSESSION INTRODUCTION OF DRAFT LAND MANAGEMENT PLAN 02. COMMISSION WORK SESSIONS / PUBLIC COMMENTS RECOMMEND AMENDMENTS e.g. additional information such as personal knowledge of a parcel appropriate to include, factual inaccuracies, reasons to change a recommendation 03. CITY COUNCIL WORK SESSION DISCUSS RECOMMENDED AMENDMENTS & COMMENTS MEET RECOMMEND Page 97 Land Management Plan Process Continued LAND MANAGEMENT PLANAdministration revises plan for approval Council determines if more work sessions are necessary Resolution approving plan scheduled by Council Hold public hearing on resolution AFTER COUNCIL WORK SESSION: Update lands database to reflect approved plan GIS needs assessment Implementation plan AFTER APPROVAL: Page 98 Online Mapping Presentation LAND MANAGEMENT PLANPage 99 Questions and Comments LAND MANAGEMENT PLANPage 100 LAND MANAGEMENT PLANQR Code to City of Kenai Land Management Plan Webpage https://www.kenai.city/lands/page/land- management-plan Page 101 MEMORANDUM TO: Mayor Gabriel, Council Members and City Commissions FROM: Paul Ostrander, City Manager DATE: December 6, 2021 SUBJECT: Disposition of City Lands – Summary of KMC 22.05 Kenai Municipal Code Chapter 22.05, The Disposition of City Lands, was repealed and reenacted by Ordinance 3072-2019 on October 2, 2019. This memorandum will provide an overview of this provision of code. Excerpts from code are identified in italics. KMC Chapter 22.05 applies to City owned real property other than lands within the airport reserve – described in KMC Chapter 21.10, and the leasing of tidelands for shore fisheries. Authority KMC Chapter 22.05 establishes the authority for the City’s land disposals: The City may sell, convey, exchange, transfer, donate, dedicate, direct, assign to use, or otherwise dispose of City-owned real property, including property acquired, held for, or previously devoted to a public purpose, only in accordance with this chapter, and, with respect to properties acquired through foreclosure for taxes, in compliance with those terms and provisions of AS 29 which apply to home-rule municipalities. Disposal or sale of lands shall be made only when, in the judgment of the City Council, such lands are not or are no longer required for a public purpose. Intent KMC Chapter 22.05 establishes the intent of the chapter and goes further to establish that it is not the intent of the chapter to allow for speculation on City-owned lands: It is the intent of this chapter to provide land policies and practices that encourage responsible growth and development to support a thriving business, residential, recreational and cultural community. It is not the intent of this chapter to allow for speculation on City-owned lands. All leases, sales, and other disposals of City-owned land must meet the intent of this chapter. Lease and / or Sale of City Lands Page 102 Page 2 of 5 KMC Chapter 22.05 has provisions for the lease and sale of City owned real property. An individual or entity that wishes to acquire real property from the City can pursue a lease, a sale, or a lease with an option to purchase from the City. Lease To lease City owned lands an applicant must first submit a lease application: All applications for lease of lands must be submitted to the City Manager or designee on an application form provided by the City. Applications will be dated on receipt and must include payment of the nonrefundable application fee as set forth in the City’s schedule of fees approved by the City Council. If a subdivision is required to lease the land, the costs of that subdivision are generally at the expense of the applicant: Applications which propose a subdivision shall require the applicant to be responsible for all costs associated with the subdivision, including but not limited to any new appraisal, engineering services, surveying and consulting costs unless, in the sole discretion of the City Council, it is determined that the subdivision serves other City purposes. To determine the annual lease rate of the property an appraisal must have been completed in the last 12 months: Applications for lands which have not been appraised within one (1) year of the requested starting date of the lease require the applicant to be responsible for all costs associated with appraisal. The cost of the appraisal shall be credited or refunded to the lessee once development is completed as required by the lease, extension or renewal. The length of the lease term is based on the amount of investment the applicant proposes to make with a minimum investment of $7,500 equaling a maximum term of 5 years, and an investment value of $307,500 or more equaling a maximum term of 45 years: The length of term for an initial lease shall be based on the amount of investment the applicant proposes to make in the construction of new permanent improvements on the premises as provided in the application. The City Council may offer a shorter lease term, if the City Council makes specific findings that a shorter lease term is in the best interest of the City. The maximum term of a lease shall be determined according to the following term table and cannot exceed forty-five (45) years: The public is notified of all lease applications received by the City to provide an opportunity for competing applications: Notice of complete applications for new leases, renewals or extensions shall be published in a newspaper of general circulation within the City and posted on the property. The notice must contain the name of the applicant, a brief description of the land, whether the applicant requests a lease with an option to purchase, and the date upon which any competing applications must be submitted (thirty (30) days from the date of publication). Page 103 Page 3 of 5 If a competing application is submitted, the City Manager will recommend the application anticipated to best serve the interest of the City to the applicable commissions and the City Council: If another application for a new lease, extension or a renewal is received for the same property within thirty (30) days from the notice of application publication date by a different applicant, City staff shall process the application and forward the application, the City Manager’s recommendation and applicable commission recommendations to the City Council for approval of the application anticipated to best serve the interest of the City. The City Council may approve one (1) of the applications, reject all the applications or direct the City Manager to award a lease of the property by sealed bid. If there are no competing applications, the City Council will determine if the lease is in the best interests of the City after considering the recommendations of the Planning and Zoning Commission, any other applicable commissions, and the City Manager: The recommendations of the City Manager, Planning and Zoning Commission, and any other applicable commissions shall be provided to the City Council. The City Council shall determine whether the lease is consistent with the intent of this chapter and in the best interest of the City. The decision whether or not to lease land rests in the sole discretion of the City Council. Development Incentives The City Council may approve lease incentives to encourage commercial development: A credit may be applied toward rent for a maximum of five (5) years. The credit may only include the value of site preparation work on the leased premises to include clearing and grubbing, unclassified excavation, classified fill and back fill, crushed aggregate base course, and utility extensions. For the credit to be applied, the approved scope of work must be completed. Sale of Land KMC Chapter 22.05 authorizes the sale of City owned lands through both a non-competitive and competitive process: There are four methods to sell City owned lands through a non-competitive process: (i) Conveyance to encourage new enterprises where it is found that encouragement of a new commercial or industrial enterprise would be in the best interest of the City; one (1) or more parcels of City land may be sold upon such terms as to price, conditions of conveyance, and with such contingencies as may be set forth in the ordinance. (ii) Property sale to adjacent owners for the conveyance of a parcel of City property at fair market value to the owner of adjacent land whenever, in the judgment of the City Council, the parcel of land is of such small size, shape, or location that it could not be put to practical use by any other party. (iii) Grant or devotion of real property to the United States, the State of Alaska, a local political subdivision of the State of Alaska, or any agency of any of these governments or a nonprofit corporation, for a consideration agreed upon between the City and Page 104 Page 4 of 5 grantee without a public sale if the grant, devotion or lease is in the best interest of the City. (iv) Conveyance of land to resolve a land use conflict. There are four methods to sell City owned lands through a competitive process: (i) Public outcry auction to the highest responsible bidder. (ii) Sealed bid to the highest responsible bidder. (iii) Over-the-counter sale after a public outcry auction or sealed bid process on a first-come basis, provided minimum development requirements are met within two (2) years of sale and the land is sold for fair market value. An appraisal to determine fair market value must be completed within a one (1) year period prior to the date of sale. (iv) Leased land in which the lease was subject to competition through the lease application review process and which contains an option to purchase once the minimum development requirements have been met for the fair market value of the land excluding permanent improvements made by the lessee. An appraisal to determine fair market value must be completed within a one (1) year period prior to the sale. The application process, subdivision process (if necessary) and appraisal process for the sale of land is similar to the process for the lease of land: All requests to purchase City land must be submitted to the City Manager or designee on approved forms provided by the City. Applications will be dated on receipt and payment of the nonrefundable application fee and must include applicable deposit as set forth in the City’s schedule of fees adopted by the City Council. The City Council may decide to sell lands consistent with the intent of this chapter after a recommendation from the City Manager and any appropriate City commission. The City Council may always recommend a lease as opposed to a sale when in the best interest of the City and consistent with the intent of this chapter. Applications which propose a subdivision shall require the applicant to be responsible for all costs associated with the subdivision, including but not limited to engineering services, surveying and consulting costs, unless in the sole discretion of the City Council it is determined the subdivision serves other City purposes. Sales of parcels must be of appropriate size to meet the needs of the proposed development or use to meet the intent of this chapter. The sale of excess acreage not needed for the intended development or use does not meet the intent of this chapter. The City will retain the services of an independent real estate appraiser certified under Alaska State statutes to determine the fair market value for a determination of the minimum price on the land to be paid for from the deposit made by the applicant unless such an appraisal has been obtained within one (1) year prior to the date of sale. The cost of the appraisal will be credited toward the purchaser at closing. Page 105 Page 5 of 5 Lease with an option to purchase KMC Chapter 22.05 will allow an applicant to request to acquire City land using a combination of lease and sale. A lease with an option to purchase would allow an applicant to lease the real property for a period of time, during which the development of the property could be completed and the applicant would benefit from lease development incentives, followed by the sale of the property when the incentives have been exhausted. Kenai Municipal Code Chapter 21.10 KMC Chapter 21.10, Leasing and Acquisition of Airport Reserve Lands, with few exceptions, mirrors KMC Chapter 21.05, although KMC Chapter 21.10 does not allow the sale of land. Airport Reserve Lands are available for lease only. Page 106 MEMORANDUM TO: Mayor Gabriel, Council Members and City Commissions FROM: Ryan Foster, Planning Director DATE: December 6, 2021 SUBJECT: Zoning and Definition of “Retain” and “Dispose” in the Draft Land Management Plan Zoning in the City of Kenai The City of Kenai is a home rule city with its own City Charter and Municipal Code. Kenai Municipal Code Title 14 Planning and Zoning codifies the planning and development processes within the City by implementing the Comprehensive Plan (long range policy document), establishing zoning districts, and specifying development standards for zoning districts regarding land use, form, layout, and density. To determine the land uses and development standards of a parcel, the City’s Zoning Map and Land Use Table must be referenced. Each parcel in the City has a zoning designation (there are 17 total zoning districts) across categories such as residential, commercial, industrial, etc. The City of Kenai Interactive Zoning Map App can be found here: https://kenai.maps.arcgis.com/home/index.html After determining the zoning district of a property, reference the KMC 14.22.010 Land Use Table, which contains a list of land uses and all of the corresponding zoning districts in the City. A land use is either designated as P= Principal Permitted Use, C= Conditional Use, S= Secondary Use, N= Not Permitted for each zoning district. This provides the necessary information to determine the development options for a property based on the zoning and the desired land use. The Land Use Table can be found here: https://kenai.municipal.codes/KMC/14.22 Definitions of “Retain” and “Dispose” in the Draft Land Management Plan The Draft Land Management Plan contains recommendations for each City owned property. For clarification, below are the definitions of “retain” and “dispose” and where they can currently be found in Kenai Municipal Code in the same context: • “Retain” means a parcel is needed for a public purpose, such as for: o Existing public buildings and facilities. o Future public buildings and facilities. o Public purposes such as wetlands, beach protection, and stormwater retention. Page 107 Page 2 of 2 o For Airport Fund lands, “retain” means the parcel is needed for a public purpose where the use is aviation-related or consistent with the FAA self-sustaining requirement and does not adversely affect the airport’s capacity, security, safety, or operations. o In this context, the term retained is currently found in Kenai Municipal Code:  22.05.110 Determination as to need for public purpose • “Dispose” means the parcel has not been retained for a public purpose and will be considered available for lease, sale, or lease with the option to purchase. All disposals are at the discretion of the Kenai City Council and must meet the intent of Kenai Municipal Code: o 22.05.010 Authority and intent  (c) It is the intent of this chapter to provide land policies and practices that encourage responsible growth and development to support a thriving business, residential, recreational and cultural community.  (d) It is not the intent of this chapter to allow for speculation on City-owned lands. All leases, sales, and other disposals of City-owned land must meet the intent of this chapter. • In order for a property to be sold, it must first be determined that it is not needed for a public purpose. Most disposals will require development on the parcel. In this context, the term disposal is currently found in Kenai Municipal Code: o KMC 22.05.015 Lands available for lease, sale, or disposal o KMC 22.05.095 Methods of sale or disposal Page 108 Kenai City Council - Regular Meeting Page 1 of 4 December 15, 2021 Kenai City Council - Regular Meeting December 15, 2021 ꟷ 6:00 PM Kenai City Council Chambers 210 Fidalgo Avenue, Kenai, Alaska **Telephonic/Virtual Information on Page 4** www.kenai.city Action Agenda 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. 3256-2021 - Increasing Estimated Revenues and Appropriations in the Airport Improvements Capital Project Funds, Authorizing the Acceptance of a Grant from the Federal Aviation Administration for the Kenai Municipal Airport Sand Storage Facility Construction Phase II, and Authorizing a Budget Transfer in the Airport Improvements Capital Project Fund – Kenai Municipal Airport Sand Storage Facility Project to Facilitate the Return of Funds Advanced from the Airport Special Revenue Fund. (Administration) 2. ENACTED UNANIMOUSLY. Ordinance No. 3257-2021 - Accepting and Appropriating a Collection Equity Award from the Network of the National Library of Medicine Region 5 for the Purchase of Health and Wellness Titles for the Kenai Community Library Collection. (Council Members Knackstedt and Pettey) 3. ENACTED UNANIMOUSLY. Ordinance No. 3258-2021 - Accepting and Appropriating Funding from the State of Alaska Department of Health and Social Services, Division of Public Health, for the Healthy and Equitable Communities Program, and Authorizing the City Manager to Execute a Memorandum of Agreement for this Funding. (Administration) Page 109 Kenai City Council - Regular Meeting Page 2 of 4 December 15, 2021 4. ENACTED UNANIMOUSLY AS AMENDED. Ordinance No. 3259-2021 - Increasing Estimated Revenues and Appropriations in the General and Municipal Roadway Improvement Capital Project Funds, and Increasing a Purchase Order to Foster’s Construction for the 2021 Bryson Ave Bluff Erosion Repair Project. (Administration) 5. ENACTED UNANIMOUSLY. Ordinance No. 3260-2021 - Amending Kenai Municipal Code 13.40.010-Definitions, to Maintain Current Regulations on Off-Road Vehicle Use in Kenai After January 1, 2022. (Council Member Knackstedt) 6. ADOPTED UNANIMOUSLY. Resolution No. 2021-71 - Amending the Employee Classification Plan to Change the Range of the Parks and Recreation Director. (Administration) E. MINUTES 1. APPROVED BY THE CONSENT AGENDA. *Regular Meeting of December 1, 2021. (City Clerk) F. UNFINISHED BUSINESS 1. ADOPTED. Resolution No. 2021-64 - Awarding an Agreement for the Kenai Waterfront Redevelopment Assessment and Feasibility Study. (Administration) [Clerk's Note: At the November 3, 2021 Meeting, this item was Postponed to this meeting; a motion to enact is on the floor.] G. NEW BUSINESS 1. ADOPTED UNANIMOUSLY. *Action/Approval - Bills to be Ratified. (Administration) 2. INTRODUCED BY THE CONSENT AGENDA/PUBLIC HEARING SET FOR 1/5/2022. *Ordinance No. 3261-2021 - Accepting and Appropriating a Grant from the Institute of Museum and Library Services through the Department of Education and Early Development, Division of Library, Archives & Museums for the Purchase of a Hold Locker. (Administration) 3. INTRODUCED BY THE CONSENT AGENDA/PUBLIC HEARING SET FOR 1/5/2022. *Ordinance No. 3262-2021 - Accepting and Appropriating a Grant from the Institute of Museum and Library Services Passed Through the Department of Education and Early Development, Division of Library, Archives & Museums for the Purchase of Steam Kit Shelving, Library Materials, and Other Items. (Administration) 4. INTRODUCED BY THE CONSENT AGENDA/PUBLIC HEARING SET FOR 1/5/2022. *Ordinance No. 3263-2021 - Increasing Estimated Revenues and Appropriations in the General Fund – Police Department and Accepting Grants from the United States Department of Justice and Alaska Municipal League Joint Insurance Association (AMLJIA) for the Purchase of Ballistic Vests. (Administration) 5. INTRODUCED BY THE CONSENT AGENDA/PUBLIC HEARING SET FOR 1/5/2022. *Ordinance No. 3264-2021 - Accepting and Appropriating Asset Forfeiture Funds Provided to the City of Kenai through the State of Alaska Department of Public Safety. (Administration) Page 110 Kenai City Council - Regular Meeting Page 3 of 4 December 15, 2021 6. INTRODUCED BY THE CONSENT AGENDA/PUBLIC HEARING SET FOR 1/5/2022. *Ordinance No. 3265-2021 - Increasing Estimated Revenue and Appropriations in the General Fund and the Parks Improvement Capital Project Fund for Additional Kenai Dog Park Funding. (Vice Mayor Glendening and Council Members Winger and Baisden) 7. APPROVED UNANIMOUSLY. Action/Approval - Special Use Permit to American Red Cross of Alaska for General Office Space. (Administration) 8. APPOINTMENTS OF DAN PITTS, JACOB CALDWELL, JOSHUA DAILY, LISA GABRIEL, JANET PHILLIPS, CHRISTINA WARNER, CHUCK THORNTON, FRANCES KILFOYLE, NATE BERGA, VICTORIA ASKIN, CHARLIE STEPHENS, AND JENNIFER JOANIS CONFIRMED. Action/Approval - Council Confirmation of Mayoral Nominations to the City's Commissions and Committee. (Mayor Gabriel) 9. POSTPONED TO 1/5/2022. Action/Approval - Confirmation of Mayoral Nominations for Appointment to the Planning and Zoning Commission. (Mayor Gabriel) 10. APPROVED UNANIMOUSLY. Action/Approval - City Participation in UCIDA Lawsuit. (Mayor Gabriel) 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 Page 111 Kenai City Council - Regular Meeting Page 4 of 4 December 15, 2021 M. PENDING ITEMS N. ADJOURNMENT O. INFORMATION ITEMS 1. Purchase Orders Between $2,500 and $15,000 2. Letter from the Alaska Association of Municipal Clerks 3. CIRCAC Director's Report 4. Thank you letter to GLM 5. Thank you letter to Pioneers of Alaska 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. Join Zoom Meeting OR https://us02web.zoom.us/j/88570636586 Dial In: (253) 215-8782 or (301) 715-8592 Meeting ID: 885 7063 6586 Passcode: 773916 Meeting ID: 885 7063 6586 Passcode: 773916 Page 112 144 N. Binkley Street, Soldotna, Alaska 99669  (907) 714-2215  (907) 714-2378 Fax Betty J. Glick Assembly Chambers, Kenai Peninsula Borough George A. Navarre Administration Building Office of the Borough Clerk Melanie Aeschliman, Planning Director • Charlie Pierce, Borough Mayor Blair Martin, Chair – Kalifornsky Beach ~ Robert Ruffner, Vice Chair – Kasilof/Clam Gulch Syverine Abrahamson-Bentz, Parliamentarian – Anchor Point/Ninilchik ~ Jeremy Brantley – Sterling Vacant – City of Seward ~ Vacant – City of Soldotna ~ Pamela Gillham – Ridge Way ~ Vacant – Northwest Borough Diane Fikes – City of Kenai ~ Virginia Morgan – East Peninsula ~ Franco Venuti – City of Homer Planning Commission Action Agenda December 13, 2021 7:30 p.m. Zoom Meeting Link: https://zoom.us/j/2084259541 Zoom Toll Free Phone Numbers: 888 788 0099 or 877 853 5247 Zoom Meeting ID: 208 425 9541 The hearing procedure for the Planning Commission public hearings are as follows: 1) Staff will present a report on the item. 2) The Chair will ask for petitioner’s presentation given by Petitioner(s) / Applicant (s) or their representative – 10 minutes 3) Public testimony on the issue. – 5 minutes per person 4) After testimony is completed, the Planning Commission may follow with questions. A person may only testify once on an issue unless questioned by the Planning Commission. 5) Staff may respond to any testimony given and the Commission may ask staff questions. 6) Rebuttal by the Petitioner(s) / Applicant(s) to rebut evidence or provide clarification but should not present new testimony or evidence. 7) The Chair closes the hearing and no further public comment will be heard. 8) The Chair entertains a motion and the Commission deliberates and makes a decision. All those wishing to testify must wait for recognition by the Chair. Each person must begin by stating his or her name and mailing address for the record at the microphone. All questions will be directed to the Chair. Testimony must be kept to the subject at hand and shall not deal with personalities. Decorum must be maintained at all times and all testifiers shall be treated with respect. If participating via Zoom the testifier will need to use the Zoom “raise hand” feature or press *9 by phone to speak. A. CALL TO ORDER B. ROLL CALL C. APPROVAL OF CONSENT AND REGULAR AGENDAS All items marked with an asterisk (*) are consent agenda items. Consent agenda items are considered routine and non-controversial by the Planning Commission and may be approved by one motion. There will be no separate discussion of consent agenda items unless a Planning Commissioner removes the item from the consent agenda. The removed item will then be considered in its normal sequence on the regular agenda. If you wish to comment on a consent agenda item, please advise the recording secretary before the meeting begins, and she will inform the Chair of your wish to comment. *1. Time Extension Request - None *2. Planning Commission Resolutions - None *3. Plats Granted Administrative Approval a. AK State Land Survey No. 2020-10 Captain Cook North Subdivision.; KPB File 2021-052 b. Baleen Cove Subdivision; KPB File 2021-045 c. Bodnar Subdivision 2021 Replat; KPB File 2021-114 d. Cliff House Acres Subdivision; KPB File 2021-041 Page 113 Planning Commission Action Agenda December 13, 2021 Page 2 e. Emery Subdivision; KPB File 2021-100 f. Kings Creek 2021 Replat; KPB File 2021-081 g. McReed Subdivision 2021 Replat; KPB File 2021-093 h. Moose Range Ridge Estates Oehler Replat; KPB File 2020-155 i. Poage Subdivision Chaloux Replat; KPB File 2021-059 j. Self Subdivision Bilben Replat; KPB File 2021-092 *4. Plats Granted Final Approval (20.10.040) a. Jeffery Park Subdivision No. 4; KPB File 2021-139 *5. Plat Amendment Request - None *6. Commissioner Excused Absences a. Blair Martin, Kalifornsky Beach b. City of Soldotna, Vacant c. City of Seward, Vacant d. Northwest Borough, Vacant *7. Minutes a. November 29, 2021 Plat Committee Meeting Minutes b. November 29, 2021 Planning Commission Meeting Minutes Motion to approve the consent agenda & the regular agenda as amended passed by unanimous vote (5-Yes, 3-Absent, 3-Vacant). D. OLD BUSINESS 1. Remand Hearing PC Resolution: 2021-37 – CLUP Modification Applicant: River Resources LLC PINs: 135-243-13 & 135-243-29 Funny River Area Motion to adopt Planning Commission Resolution 2021-37 granting a modification to an existing conditional use permit passed by unanimous vote (5-Yes, 3-Absent, 3-Vacant) E. NEW BUSINESS 1. Porcupine Lake Subdivision No. 6; KPB 2021-152 Johnson Surveys / Gerald L., Judy A. & Brent G. Johnson Location: Cohoe Loop Road Cohoe Area Motion to grant preliminary approval to Porcupine Lake Subdivision No. 6 passed by unanimous vote (5-Yes, 3-Absent, 3-Vacant) Motion to grant exception request to KPB 20.30.030-Proposed Street Layout Requirements & KPB 20.30.170-Block Length Requirements passed by unanimous vote (5-Yes, 3-Absent, 3-Vacant) Page 114 Planning Commission Action Agenda December 13, 2021 Page 3 2. Towle Subdivision 2021 Replat; KPB 2021-153 Johnson Surveys / Robert S. Rima Jr. Location: MP 48.2 Sterling Highway Cooper Landing Area Cooper Landing APC Motion to grant preliminary approval to Towle Subdivision 2021 Replat passed by unanimous vote (5-Yes, 3-Absent, 3-Vacant) 3. Right-of-Way Vacation; KPB 2021-150V Request: Vacate a 60’ cul-de-sac, Fauerbach Court running east to west approximately 303.94’ & the associated 20’ utility easement & anchor easement Surveyor: Johnson Surveys Petitioners: James E. Glendening & Daniel John Sims of Kenai Clam Gulch Area Motion to approve the vacation as petitioned passed by unanimous vote (5-Yes, 3-Absent, 3-Vacant) 4. Clam Gulch Heights 2021 Addition; KPB File 2021-150 Johnson Surveys / Glendening & Sims Location: Keener Drive, Bartolwitz Street & Fauerbach Court Clam Gulch Area Motion to grant preliminary approval to Clam gulch Heights 2021 Addition passed by unanimous vote (5-Yes, 3-Absent, 3-Vacant) 5. Right-of-Way Vacation; KPB 2021-151V Request: Vacate a 1963 square foot portion of Endicott Drive cul-de-sac within Lot 1, Block 1, Slikok Creek Alaska Subdivision (Plat K-1361) Surveyor: McLane Consulting Petitioner: James Markley & Pandora Ban Willingham of Soldotna, AK City of Soldotna Motion to approve the vacation as petitioned passed by unanimous vote (5-Yes, 3-Absent, 3-Vacant) 6. Right-of-Way Vacation; KPB 2021-154V Request: Vacate Koto Court cul-de-sac and associated utility easements within Lots B1 & B2, Murray Subdivision Buck Addition (Plat KN 2017-59) Surveyor: Segesser Surveys Petitioner: Marshall W. Martin of Soldotna, AK Sterling Area Motion to approve the vacation as petitioned passed by unanimous vote (5-Yes, 3-Absent, 3-Vacant) 7. Plat Waiver; KPB 2021-149 PC Resolution 2021-36 Location: Land with Lot 14, Shady Acres (Plat KN 2003-100) Petitioner: Rebecca A. Turner ETAL Funny River Area Funny River APC Motion to adopt PC Resolution 2021-36 granting a plating waiver passed by unanimous vote (5-Yes, 3-Absent, 3-Vacant) Page 115 Planning Commission Action Agenda December 13, 2021 Page 4 F. PLAT COMMITTEE REPORT – The Plat Committee did not meet. G. OTHER 1. Plat Committee for January/February/March 2022 H. PUBLIC COMMENT/PRESENTATION (Items other than those appearing on the agenda or scheduled for public hearing. Limited to five minutes per speaker unless previous arrangements are made) I. DIRECTOR'S COMMENTS J. COMMISSIONER COMMENTS K. ADJOURNMENT MISCELLANEOUS INFORMATIONAL ITEMS NEXT REGULARLY SCHEDULED PLANNING COMMISSION MEETING The next regularly scheduled Planning Commission meeting will be held Monday, January 10, 2021 at 7:30 pm., which will be a Zoom only meeting. 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 A party of record may file an appeal of a decision of the Planning Commission in accordance with the requirements of the Kenai Peninsula Borough Code of Ordinances. An appeal must be filed with the Borough Clerk within 15 days of the notice of decision, using the proper forms, and be accompanied by the filing and records preparation fees. Vacations of right-of-ways, public areas, or public easements outside city limits cannot be made without the consent of the borough assembly. Vacations within city limits cannot be made without the consent of the city council. The assembly or city council shall have 30 calendar days from the date of approval in which to veto the planning commission decision. If no veto is received within the specified period, it shall be considered that consent was given. A denial of a vacation is a final act for which the Kenai Peninsula Borough shall give no further consideration. Upon denial, no reapplication or petition concerning the same vacation may be filed within one calendar year of the date of the final denial action except in the case where new evidence or circumstances exist that were not available or present when the original petition was filed. Page 116