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HomeMy WebLinkAbout2025-05-28 Planning & ZoningPacketPlanning & Zoning Commission - Regular Meeting Page 1 of 2 May 28, 2025 Kenai Planning & Zoning Commission - Regular Meeting May 28, 2025 - 7:00 PM Council Chambers, City Hall, 210 Fidalgo Avenue, Kenai, AK 99611 *Telephonic/Virtual Information on Page 2* http://www.kenai.city Agenda A. CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Approval of the Agenda and Consent Agenda (Public comments on Consent Agenda Items 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 Commission and will be approved by one motion. There will be no separate discussion of these items unless a Commission Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. B. APPROVAL OF MINUTES 1. *Regular Meeting of May 14, 2025 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 1. Resolution PZ2025-20 – Recommending Approval of Preliminary Plat – Ward Estates Addition No. 2, a for a subdivision of Government Lot 16 and SE1/4 SW1/4 NE1/4 SE1/4 & SE1/4 NE1/4 SE1/4, Section 26, Township 6 North, Range 12 West, Seward Meridian to the Kenai Peninsula Borough, in the Rural Residential (RR) Zoning District. F. PUBLIC HEARINGS 1. Resolution PZ2025-18– Consideration of a Conditional Use Permit to Operate a Retail Marijuana Store on the Property Described as Cole Homestead Subdivision Tract A Located at 7825 Kenai Spur Hwy, in the General Commercial Zoning District. G. UNFINISHED BUSINESS 1. Discussion – Aspen Creek, 701 N. Forest Drive CUP H. NEW BUSINESS 1. *Action/Approval – Requesting Excused Absences for the May 14, 2025 Regular Meeting – Pettey Page 1 Planning & Zoning Commission - Regular Meeting Page 2 of 2 May 28, 2025 I. REPORTS 1. Planning Director 2. Commission Chair 3. Kenai Peninsula Borough Planning 4. City Council Liaison J. ADDITIONAL PUBLIC COMMENT (Public comment limited to five (5) minutes per speaker) K. NEXT MEETING ATTENDANCE NOTIFICATION 1. Next Meeting: Jun 11, 2025 L. COMMISSION COMMENTS AND QUESTIONS M. PENDING ITEMS N. ADJOURNMENT O. INFORMATIONAL ITEMS 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. **COMMISSIONERS, PLEASE CONTACT US IF YOU WILL NOT BE ABLE TO ATTEND THE MEETING** Registration is required to join the meeting remotely through Zoom. Please use the link below to register: https://us02web.zoom.us/meeting/register/nT7NmKwZS0yiDxPJiwVIOg Page 2 KENAI PLANNING & ZONING COMMISSION REGULAR MEETING MAY 14, 2025 – 7:00 P.M. KENAI CITY COUNCIL CHAMBERS 210 FIDALGO AVE., KENAI, AK 99611 CHAIR TWAIT, PRESIDING Planning & Zoning Commission Meeting Page 1 of 5 May 14, 2025 MINUTES A. CALL TO ORDER A Regular Meeting of the Kenai Planning & Zoning Commission was held on May 14, 2025, in City Hall Council Chambers, Kenai, AK. Chair Twait called the meeting to order at approximately 7:00 p.m. 1. Pledge of Allegiance Chair Twait led those assembled in the Pledge of Allegiance. 2. Roll Call There were present: Jeff Twait, Chair Jeanne Reveal Gwen Woodard Sonja Earsley, Vice Chair Stacie Krause Diane Fikes A quorum was present. Absent: Glenese Pettey Also in attendance were: Kevin Buettner, Planning Director Deborah Sounart, City Council Liaison Meghan Thibodeau, Deputy City Clerk 3. Approval of Agenda and Consent Agenda Chair Twait noted the following additions to the Packet: Add to Item O.1 Staff Report and Resolution • Updated Page 1 of Staff Report and Resolution for PZ2025-19 Add to Item O.2 Public Comment on Resolution PZ2025-17 MOTION: Commissioner Woodard MOVED to approve the agenda and consent agenda. Vice Chair Earsley SECONDED the motion. The items on the Consent Agenda were read into the record. Chair Twait opened the floor for public comment on consent agenda items; there being no one wishing to be heard, the public comment period was closed. UNANIMOUS CONSENT was requested. There being no objection; SO ORDERED. *All items listed with an asterisk (*) are considered to be routine and non-controversial by the Commission and will be approved by one motion. There will be no separate discussion of these items unless a Page 3 Planning & Zoning Commission Meeting Page 2 of 5 May 14, 2025 Commission Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. B. APPROVAL OF MINUTES 1. *Regular Meeting of April 23, 2025 Approved by the consent agenda. C. SCHEDULED PUBLIC COMMENTS - None. D. UNSCHEDULED PUBLIC COMMENTS - None. E. CONSIDERATION OF PLATS 1. Resolution No. PZ2025-19 – Recommending Approval of Preliminary Plat – Kenai Meadows Addition No. 2, a subdivision of Tract A and Lots 3 & 4, Kenai Meadows Addition No.1, in the Rural Residential (RR) Zoning District. MOTION: Commissioner Krause MOVED to approve Resolution PZ2025-19. Commissioner Woodard SECONDED the motion. Planning Director Buettner provided an overview of the staff report as included in the packet and attached to Resolution No. PZ2025-19, and explained the purpose of the plat was to subdivide Tract A1, Kenai Meadows Addition No. 1 and replat Lots 3 & 4, Kenai Meadows Addition No. 1. It was noted that staff’s recommendation is approval subject to the conditions specified within the staff report as attached to Resolution No. PZ2025-19. MOTION TO AMEND: Commissioner Reveal MOVED to approve Resolution PZ2025-19 with the following changes: 1. Add a new second Whereas that reads: “WHEREAS, the City of Kenai, signed a Quitclaim Deed on May 13, 2025, conveying Lot 3, Kenai Meadows Addition No. 1, to Kenai Peninsula Housing Initiative, Inc.; and,” 2. In the following Whereas, remove the words [AND LOT 3]. Commissioner Woodard SECONDED the motion. UNANIMOUS CONSENT was requested on the motion to amend. There being no objection; SO ORDERED. Chair Twait opened the floor for public hearing; there being no one wishing to be heard, the public comment period was closed. VOTE: YEA: Krause, Reveal, Twait, Earsley, Fikes, Woodard NAY: None ABSENT: Pettey MOTION PASSED WITHOUT OBJECTION. F. PUBLIC HEARINGS 1. Resolution No. PZ2025-17 – Granting a Conditional Use Permit to Develop and Operate an 82-Unit Indoor Heated Storage Facility on the Property Described as Lot 1 BLK 2 of Mommsens Sub Replat Addn No 1, Addn No 2, Located at 1001 Third Street, in the Urban Residential (RU) Zoning District. Page 4 Planning & Zoning Commission Meeting Page 3 of 5 May 14, 2025 MOTION: Commissioner Woodard MOVED to approve Resolution PZ2025-17. Vice Chair Earsley SECONDED the motion. Planning Director Buettner provided an overview of the staff report as included in the packet and attached to Resolution No. PZ2025-17; he noted that the application was for a Conditional Use Permit (CUP) to develop and operate an indoor heated mini-storage facility with approximately 82 units. Zoning and uses of surrounding properties were reviewed; it was noted that staff’s recommendation is approval subject to the conditions specified within the staff report as attached to Resolution No. PZ2025-17. Adam Tugan, applicant, noted that he was available for questions. Chair Twait opened the floor for public hearing. Michael Urciuoli, resident, spoke in opposition to the CUP. He expressed concerns that Third Street was not up to code and required maintenance prior to being used as an access for the proposed business; that homeless people may live in the units; and that this commercial facility does not belong in a residential area. Gwen Urciuoli, resident, spoke in opposition to the CUP. She expressed concerns that this CUP would set a precedent for future commercial uses in the neighborhood; that it would have long-term zoning implications; that it would affect property values; that it would have bright lighting and security cameras; and that it could increase noise and crime in the neighborhood. There being no one wishing to be heard, the public hearing period was closed. In response to questions from the Commission, Mr. Tugan clarified that he also owns the adjacent lots which are intended for two fourplex buildings; that he intends to fence the entire property surrounding the proposed storage units; that there could be 24-hour access; that their current plans do not include water/sewer hookups; and that the site would be managed remotely, although these details had not been finalized. Jeremie Bird, Mr. Tugan’s business partner, further clarified that they intend to have 7:00 a.m. to 7:00 p.m. site access so there would not be 24-hour traffic; that they were not opposed to access on Redoubt Ave, and they will consider alternative lighting schematics to minimize disturbance to neighbors. Concerns were expressed by the Commission regarding the condition and lack of maintenance on Third Street and whether Redoubt Ave may be a more appropriate access point; that large vehicle and trailer traffic would cause issues on Third Avenue; and that this commercial entity did not belong in the residential neighborhood. Clarification was provided that the site access would be determined at the building permit stage when site and landscaping plans are finalized; that if the access point is on Third Street, the developer would be responsible for improving the street from Redoubt Avenue to the access point to meet City standards; that there would be one access point for entry and exit; that fire safety measures would be determined at a later date as part of the building review process; and that the City may pursue grant funding in the future to improve road conditions in this area. MOTION TO AMEND : Commissioner Woodard MOVED to amend Resolution PZ2025-17 to add a condition requiring a sight- obscuring fence along Third Street. Vice Chair Earsley SECONDED the motion. Clarification was provided that there were provisions in code regarding standards for sight-obscuring fencing. VOTE ON AMENDMENT: YEA: Woodard, Earsley, Reveal, Krause, Fikes, Twait NAY: None Page 5 Planning & Zoning Commission Meeting Page 4 of 5 May 14, 2025 ABSENT: Pettey MOTION PASSED. In response to questions from the Commission, Mr. Tugan and Mr. Bird provided details regarding the planned size and dimension of the proposed storage units; how the units would be accessed; and clarified that units would be self-servicing secured by gate access, fencing and cameras. MOTION TO AMEND: Vice Chair Earsley MOVED to amend Resolution PZ2025-17 to add a condition that site operational hours are restricted to 7am-7pm daily. Commissioner Woodard SECONDED the motion. UNANIMOUS CONSENT was requested on the motion to amend. There being no objection; SO ORDERED. Concern was expressed over approving a CUP prior to the structure being built; clarification was provided that there was precedent for this. In response to questions from the Commission, Mr. Tugan clarified that no study had been done to assess public need for more heated storage unit rentals in the area; however, he had observed there was a significant market demand for it. VOTE ON MAIN MOTION AS AMENDED: YEA: Reveal, Earsley, Twait NAY: Fikes, Krause, Woodard ABSENT: Pettey MOTION FAILED. Chair Twait noted the 15-day appeal period. G. UNFINISHED BUSINESS 1. Discussion – Aspen Creek, 701 N. Forest Drive CUP Director Buettner noted that he had not received any recent complaints; that it was now past the date when Aspen Creek had stated that construction would be complete, so he intended to visit the site and observe whether traffic had decreased. H. NEW BUSINESS 1. *Action/Approval – Requesting Excused Absences for the April 23, 2025 Regular Meeting – Krause Approved by the consent agenda. I. REPORTS 1. Planning Director – Planning Director Buettner reported on the following: • CUP work session prior to this meeting; noted that there would be future work sessions on this topic in the coming months. • Beginning development on a citywide transportation plan; attended Walkability Action Institute in Anchorage. 2. Commission Chair – No report. 3. Kenai Peninsula Borough Planning – Commissioner Fikes reported on recent actions of the Kenai Peninsula Borough Planning Commission. Page 6 Planning & Zoning Commission Meeting Page 5 of 5 May 14, 2025 4. City Council Liaison – Council Member Sounart reported on recent actions of the City Council. J. ADDITIONAL PUBLIC COMMENT Michael Urciuoli thanked the Commission; noted that it was Third Street not Third Avenue; and discussed spruce trees and road maintenance on Third Street. K. NEXT MEETING ATTENDANCE NOTIFICATION 1. Next Meeting: May 28, 2025 L. COMMISSION COMMENTS AND QUESTIONS Commissioner Reveal noted that she attended the prior work session on CUPs. Vice Chair Earsley noted that Parks & Recreation is having Planting Day event on May 31. Commissioner Krause apologized for missing the prior work session. Commissioner Fikes apologized for missing the prior work session; thanked public participants and the Commission for the good discussion and the public for their testimony. M. PENDING ITEMS – None. N. ADJOURNMENT O. INFORMATIONAL ITEMS – None. There being no further business before the Planning & Zoning Commission, the meeting was adjourned at 8:14 p.m. I certify the above represents accurate minutes of the Planning & Zoning Commission meeting of March 14, 2025. ___________________________________ Meghan Thibodeau Deputy City Clerk Page 7 _____________________________________________________________________________________ CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ2025-20 A RESOLUTION RECOMMENDING THAT PRELIMINARY PLAT WARD ESTATES ATTACHED HERETO BE APPROVED. PROPERTY ADDRESS: 1255 Wells Way LEGAL DESCRIPTION: Government Lot 16 and SE1/4 SW1/4 NE1/4 SE1/4 & SE1/4 NE1/4 SE1/4, Section 26, Township 6 North, Range 12 West, Seward Meridian KPB PARCEL NUMBER: 03901040 WHEREAS, the City of Kenai received a preliminary plat from Peninsula Survey, LLC, on behalf of property owner Joy Maxine Ward, for a subdivision of Government Lot 16 and SE1/4 SW1/4 NE1/4 SE1/4 & SE1/4 NE1/4 SE1/4, Section 26, Township 6 North, Range 12 West, Seward Meridian; and, WHEREAS, the preliminary plat meets the minimum lot width and minimum lot depth requirements as outlined in Kenai Municipal Code (KMC) Section 14.10.070(d)(2); and, WHEREAS, the existing street names are referenced correctly; and, WHEREAS, the proposed lots will have access from Wells Way (an unmaintained gravel City road); and, WHEREAS, City water is available to the proposed lots; and, WHEREAS, City sewer is not available to the proposed lots; and, WHEREAS, a 15-foot easement for utilities is located adjacent to rights-of-way, along the east boundary of the proposed lots; and, WHEREAS, an installation agreement is not required; and, WHEREAS, the Planning and Zoning Commission finds: 1. Pursuant to KMC 14.10.070 Subdivision Design Standards, the preliminary plat for subdivision, subject to the listed conditions, provides utility/access easements, provides satisfactory and desirable building sites. The City water is subject to the regulatory requirements of the City of Kenai Public Works Department and on-site wastewater systems are subject to the regulatory requirements of ADEC. Page 8 Resolution No. PZ2025-20 Page 2 of 2 2. Pursuant to KMC 14.10.080 Minimum improvement required, the Second Avenue right-of- way within the proposed preliminary plat is newly dedicated. Second Avenue is an existing street and is determined acceptable access. Therefore, an installation agreement is not required. 3. Pursuant to KMC 14.24.010 Minimum lot area requirements, the preliminary plat meets City standards for minimum lot size in the RR zoning district of 20,000 square feet (≈ 0.47 acre), with proposed lot sizes of 3.343, 4.357 and 4.710 acres. 4. Pursuant to KMC 14.24.020 General Requirements, the preliminary plat meets City standards for minimum lot width/depth and access/utility easements. Compliance with the maximum lot coverage, maximum height, and setbacks will be reviewed during the building permit review. NOW, THEREFORE, BE IT RECOMMENDED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA: Section 1. That preliminary plat Ward Estates, for a subdivision of Government Lot 16 and SE1/4 SW1/4 NE1/4 SE1/4 & SE1/4 NE1/4 SE1/4, Section 26, Township 6 North, Range 12 West, Seward Meridian, be approved. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, THIS 28TH DAY OF MAY, 2025. JOE HALSTEAD, CHAIRPERSON ATTEST: ______________________________________ Michelle M. Saner, MMC, City Clerk Page 9 STAFF REPORT PLANNING & ZONING DEPARTMENT TO: Planning and Zoning Commission THROUGH: Kevin Buettner, Planning Director FROM: Brandon McElrea, Planning Technician DATE: May 13, 2025 SUBJECT: Resolution No. PZ2025-20 – Preliminary Plat – Ward Estates Request The applicant is proposing a preliminary plat to subdivide Government Lot 16 and SE1/4 SW1/4 NE1/4 SE1/4 & SE1/4 NE1/4 SE1/4, Section 26, Township 6 North, Range 12 West, Seward Meridian. Staff Recommendation Adopt Resolution No. PZ2025-20 recommending approval of Preliminary Plat – Ward Estates, creating three (3) lots ranging in size from 3.343 acres to 4.710 acres and dedicating the 40-foot Wells Way right-of-way. Applicant: Peninsula Surveying, LLC Attn: Jason Schollenberg 10535 Katrina Blvd. Ninilchik, AK 99639 Property Owner: Joy Maxine Ward Legal Descriptions: Government Lot 16 and SE1/4 SW1/4 NE1/4 SE1/4 & SE1/4 NE1/4 SE1/4, Section 26, Township 6 North, Range 12 West, Seward Meridian Property Address: 1255 Wells Way KPB Parcel No.: 03901040 Zoning District: Rural Residential (RR) Land Use Plan: Low Density Residential (LDR) Surrounding Uses: Rural Residential and Suburban Residential Page 10 Resolution No. PZ2025-20 Preliminary Plat Ward Estates Page 2 of 3 SUMMARY A preliminary plat has been submitted from Peninsula Surveying, LLC on behalf of the property owner for a subdivision of Government Lot 16 and SE1/4 SW1/4 NE1/4 SE1/4 & SE1/4 NE1/4 SE1/4, Section 26, Township 6 North, Range 12 West, Seward Meridian, to create three (3) parcels and dedicate right-of-way (ROW) Wells Way. Current improvements include two (2) single-family dwellings, a driveway with parking area, and two (2) on-site septic systems. Kenai Municipal Code (KMC) Chapter 14.10 Subdivision Regulations states preliminary plats or replats must first be submitted to the City for review and provide recommendation to the Kenai Peninsula Borough Planning Commission. ANALYSIS The proposed replat meets the minimum lot size requirement of 20,000 square feet (≈ 0.47 acre) for the Rural Residential (RR) zoning district. The size of the smallest proposed lot is approximately 145,621 Square feet (3.343 acres). City water is available along Wells Way and has been installed on proposed Lot 2, and the property owner intends to install water concurrent to installation of a new driveway on proposed Lot 1. City wastewater is not available along Wells Way therefore private septic systems have been installed on proposed Lots 1 and 2. The private septic systems are subject to the regulatory requirements of the State of Alaska, Department of Environmental Conservation (ADEC). Access to the proposed Lots is provided via Wells Way, an unmaintained gravel City road. The section of Wells Way ROW within the proposed preliminary plat is newly dedicated as of this plat, and in accordance to the Public Use Easement recorded at Book 390, Page 729, Kenai Recording District, as denoted in plat note ten (10). The proposed dedicated ROW is along the existing Wells Way ROW. The City of Kenai Public Works Department has reviewed the preliminary plat and has no comments. Therefore, staff finds that an installation agreement is not required for the preliminary plat. A 15-foot easement for utilities is located along the east boundary of the proposed lots adjacent to Wells Way, as denoted in plat note three (3), which states the front 15-feet adjacent to rights- of-way is a utility easement. The western approximately 135 feet of tideland area of proposed lots 1 and 2 has been designated by FEMA as regulatory flood zone VE, described as Coastal High Hazard Zone. The upland remainder of proposed lots 1 and 2, and all of proposed lot 3 has been designated by FEMA as non-regulatory flood zone D, described as Undetermined Flood Risk (See Floodplain Designation Exhibit A). Prior to development, the City of Kenai Floodplain Administrator should be contacted for information and regulations, as denoted in plat note 7. The City of Kenai Floodplain Administrator has reviewed the preliminary plat and has no comments. Staff finds that the preliminary plat for a subdivision of Government Lot 16 and SE1/4 SW1/4 NE1/4 SE1/4 & SE1/4 NE1/4 SE1/4, Section 26, Township 6 North, Range 12 West, Seward Meridian meets the following Title 14 of Kenai Municipal Code (KMC) sections and aligns with the intent of the Kenai Zoning Code. 1. Pursuant to KMC 14.10.070 Subdivision Design Standards, the preliminary plat for subdivision, subject to the listed conditions, provides utility/access easements, provides Page 11 Resolution No. PZ2025-20 Preliminary Plat Ward Estates Page 3 of 3 satisfactory and desirable building sites. The City water is subject to the regulatory requirements of the City of Kenai Public Works Department and on-site wastewater systems are subject to the regulatory requirements of ADEC. 2.Pursuant to KMC 14.10.080 Minimum improvement required, the right-of-way within the proposed preliminary plat is newly dedicated. The proposed right-of-way is a continuation of an existing street and is determined acceptable access. Therefore, an installation agreement is not required. 3.Pursuant to KMC 14.24.010 Minimum lot area requirements, the preliminary plat meets City standards for minimum lot size in the Rural Residential zoning district of 20,000 square feet (≈ 0.47 acre), with proposed lot sizes of 3.343, 4.357 and 4.710 acres. 4.Pursuant to KMC 14.24.020 General Requirements, the preliminary plat meets City standards for minimum lot width/depth and access/utility easements. Compliance with the maximum lot coverage, maximum height, and setbacks will be reviewed during the building permit review. STAFF RECOMMENDATION Staff finds that the proposed preliminary plat for Ward Estates meets the general standards of Kenai Municipal Code (KMC), Chapter 14.10 Subdivision Regulations and Chapter 14.24 Development Requirements Table and hereby recommends that the Planning and Zoning Commission recommend approval of Resolution No. PZ2025-20 for a subdivision of Government Lot 16 and SE1/4 SW1/4 NE1/4 SE1/4 & SE1/4 NE1/4 SE1/4, Section 26, Township 6 North, Range 12 West, Seward Meridian to the Kenai Peninsula Borough, subject to the following conditions: 1.Further development of the property will conform to all federal, State of Alaska, and local regulations. ATTACHMENTS Aerial Map Floodplain Designation Exhibit A Application Preliminary Plat, Ward Estates Page 12 Page 13 Page 14 Page 15 Page 16 Page 17 N Jason L. Schollenberg No.14488R EGISTEREDPROFESSIO N A L L A N D SU R VEYOR PENINSULA SURVEYING, LLC 10535 KATRINA BOULEVARD, NINILCHIK, AK 99639 (907)306-7065 N ’ Page 18 _____________________________________________________________________________________ CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ2025-18 A RESOLUTION GRANTING A CONDITIONAL USE PERMIT TO OPERATE A RETAIL MARIJUANA STORE ON THE PROPOERTY DESCRIBED AS COLE HOMESTEAD SUBDIVISION, TRACT A, LOCATED AT 7825 KENAI SPUR HIGHWAY IN THE GENERAL COMMERCIAL ZONING DISTRICT. APPLICANT: Michael Welch PROPERTY ADDRESS: 7825 Kenai Spur Highway, Kenai, AK 99611 LEGAL DESCRIPTION: RS Cole Homestead Subdivision, Tract A KENAI PENINSULA BOROUGH PARCEL NUMBER: 04105005 WHEREAS, a complete application meeting the requirements of Kenai Municipal Code 14.20.150 was submitted to the City on May 1, 2025; and, WHEREAS, the applicant has demonstrated 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 May 28, 2025, following requirements outlined in Kenai Municipal Code 14.20.280 for public hearings and notifications. WHEREAS, the Planning and Zoning Commission finds: 1. KMC 14.20.150(e)(1) The use is consistent with the purpose of this chapter and the purposes and intent of the zoning district; Findings: The General Commercial (CG) Zone is established to provide for areas where a broad range of retail, wholesale, and service establishments is desirable. Uses are regulated to concentrate commercial development to the greatest extent possible and to prevent any uses which would have an adverse effect upon nearby properties. The proposed development would meet the intent of the General Commercial (CG) Zoning District. The General Commercial Zone provides for a range of uses. Located along the Kenai Spur Highway, the proposed development location would seek to maximize exposure to traffic, while reducing adverse impacts to surrounding residential areas by avoiding use of less trafficked streets. Access to and from the site would be from the Kenai Spur Highway. Page 19 Resolution No. PZ2025-18 Page 2 of 5 Development of this parcel would require the demolition of the existing Quonset hut which is in disrepair. Improvements to this parcel would likely be considered a catalyst for future commercial developments nearby. Staff finds that the proposed use meets the intent of the CG zoning district. 2. KMC 14.20.150(e)(2) The economic and noneconomic value of the adjoining property and neighborhood will not be significantly impaired; Findings: Improvements to the property, including the demolition of the existing Quonset hut, would improve the aesthetics of the area. Access to the property already exists and traffic volumes are already highest in the City along the Kenai Spur Highway. No statistically significant difference in traffic patterns is forecast, due to the high average annual daily traffic counts along the route. Existing trees and vegetation offer screening between the commercial property and nearby residential properties. Commercial developments are subject to site plan and landscaping plan requirements, per KMC 14.25.030 and 14.25.040, respectively. Any proposed developments would need to meet those requirements which offer protections to existing developed properties. Staff finds the proposed use would not impair the economic and noneconomic value of adjacent properties and neighborhood. 3. KMC 14.20.150(e)(3) The proposed use is in harmony with the Comprehensive Plan; Findings: The Land Use Plan, from the 2016 Comprehensive Plan, identifies the subject property with the General Commercial (GC) land use classification. The GC Land Use Classification is defined in the Comprehensive Plan: General Commercial is intended for land uses that are typically retail, service, and other businesses that serve Kenai and the larger region. This type of development generally requires larger parcels of land and access to major arterial roadways, such as the Kenai Spur Highway. The surrounding uses consist of mostly empty commercial lots to the north, a commercial enterprise on the lot to the east, a single-family dwelling to the south, and empty lots with heavy tree cover to the west. Zoning surrounding this parcel is General Commercial in all directions. There are two Limited Commercial lots to the northwest, across the highway. In Imagine Kenai 2030 Comprehensive Plan, Chapter 6, “Goals, Objectives, and Implementation”, several goals and objectives are met from the proposed use. Goal 1 – Quality of Life is to promote and encourage quality of life in Kenai. Objective Q-2 Protect and rejuvenate the livability of existing Neighborhoods. Objective Q-4 Establish siting and design standards so that development is in harmony and scale with surrounding uses. Page 20 Resolution No. PZ2025-18 Page 3 of 5 Objective Q-5 Update existing site design guidelines for commercial development – landscaping, setbacks, parking. Goal 2 – Provide economic development to support the fiscal health of Kenai. Objective ED-5 Promote adaptive reuse of vacant commercial buildings in the city center and along the Kenai Spur Highway. Goal 3 – Land Use is to develop land use strategies to implement a forward-looking approach to community growth and development. Objective LU-2 Promote the infill of existing, improved subdivision lots. Objective LU-6 Review Zoning Code to consider use of buffers and buffer zones to separate incompatible land uses. Review landscaping ordinance to ensure buffers are required to protect Neighborhoods. 4. KMC 14.20.150(e)(4) Public services and facilities are adequate to serve the proposed use; Findings: City water and sewer is not in the vicinity of the subject property but onsite water and wastewater treatment and disposal systems are in place. The applicants are required to be in compliant with wastewater disposal requirements of Kenai Peninsula Borough Chapter 20.40 and regulatory requirements of the Alaska Department of Environmental Conservation. The Kenai Spur Highway is a paved road, which is a State-maintained road. 5. KMC 14.20.150(e)(5) The proposed use will not be harmful to the public safety, health or welfare; Findings: Per KMC 14.20.330(f) - Standards for Commercial Marijuana Establishments, 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. a. Staff measured the distance from the southwest corner of the subject parcel to the nearest point of the parcel containing Mountain View Elementary at 315 Swires Road. This distance is calculated to be 1,186.7 feet. (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 Page 21 Resolution No. PZ2025-18 Page 4 of 5 abuse treatment. If the commercial marijuana establishment occupies only a portion of a structure, buffer distances are measured as the closest distance from the perimeter of the closest interior wall segregating the commercial marijuana establishment from other uses, or available uses in the structure, or an exterior wall if closer, to the outer boundaries of the school, recreation or youth center, or the main public entrance of a church or correctional facility, or a substance abuse treatment facility providing substance abuse treatment. a. Staff measured the distance from the northwest corner of the subject parcel to the nearest point of the parcel containing Seventh-Day Adventist church at 701 Swires Road. This distance is calculated to be 2,001.89 feet. Staff finds the proposed development meets the buffer distances as a part of the siting requirements. 6. KMC 14.20.150(e)(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. Findings: Pursuant to KMC 14.20.330 Standards for Commercial Marijuana Establishments the following conditions apply to retail marijuana stores: 1. On-site consumption is prohibited on the premises of the proposed commercial marijuana establishment. 2. The proposed retail marijuana store shall not emit an odor detectable by the public from outside establishment. 3. The proposed marijuana establishment may not conduct business on, or allow any customer or consumer to access, the licensed premises between the hours of 5:00a.m. and 8:00 a.m. daily. 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 develop and operate a retail marijuana store at 7825 Kenai Spur Highway, on the property described as RS Cole Homestead Subdivision, Tract A in the General Commercial (CG) Zoning District. Section 2. That the conditional use permit is subject to the following conditions: 1. Any development or use of the property shall comply with all applicable Federal, State of Alaska, and City regulations regardless of whether or not the requirements are listed as conditions for the approval of the Conditional Use Permit. 2. Upon request, the applicant or applicant’s representative shall meet with City staff for an on-site inspection. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, THIS 28TH DAY OF MAY, 2025 Page 22 Resolution No. PZ2025-18 Page 5 of 5 Jeff Twait, CHAIRPERSON ATTEST: ______________________________________ Michelle M. Saner, MMC, City Clerk Page 23 STAFF REPORT PLANNING & ZONING DEPARTMENT TO: Planning and Zoning Commission FROM: Kevin Buettner, Planning Director DATE: May 22, 2025 SUBJECT: Resolution PZ2025-18 – Conditional Use Permit – Marijuana Retail Facility Request The applicant is requesting to develop and operate a marijuana retail store. Staff Recommendation Adopt Resolution PZ2025-18 approving a Conditional Use Permit to develop and operate a Marijuana Retail Store, located at 7825 Kenai Spur Highway, in the General Commercial zoning district. Applicant: Michael Welch Legal Description: RS Cole Homestead Subdivision, Tract A Property Address: 7825 Kenai Spur Highway KPB Parcel No.: 04105005 Lot Size: 23,087 square feet (.53-acres) Zoning: General Commercial (CG) Current Use: Commercial Land Use Plan: General Commercial (CG) SUMMARY The Applicant is requesting to develop and operate a retail marijuana facility at 7825 Kenai Spur Highway. A Conditional Use Permit (CUP) is required to operate a retail marijuana facility within the General Commercial (CG) Zoning District. Page 24 Resolution No. PZ2025-18 Conditional Use Permit Retail Marijuana Facility Page 2 of 5 ANALYSIS 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. Prior to granting a conditional use permit, the Commission shall determine that the identified criteria as outlined in KMC 14.20.150(e) Conditional Use Permits Review Criteria are met. Criteria 1: The use is consistent with the purpose of this chapter and the purposes and intent of the zoning district. Findings: The General Commercial (CG) Zone is established to provide for areas where a broad range of retail, wholesale, and service establishments is desirable. Uses are regulated to concentrate commercial development to the greatest extent possible and to prevent any uses which would have an adverse effect upon nearby properties. The proposed development would meet the intent of the General Commercial (CG) Zoning District. The General Commercial Zone provides for a range of uses. Located along the Kenai Spur Highway, the proposed development location would seek to maximize exposure to traffic, while reducing adverse impacts to surrounding residential areas by avoiding use of less trafficked streets. Access to and from the site would be from the Kenai Spur Highway. Development of this parcel would require the demolition of the existing Quonset hut which is in disrepair. Improvements to this parcel would likely be considered a catalyst for future commercial developments nearby. Staff finds that the proposed use meets the intent of the CG zoning district. Criteria 2: The economic and noneconomic value of the adjoining property and neighborhood will not be significantly impaired. Findings: Improvements to the property, including the demolition of the existing Quonset hut, would improve the aesthetics of the area. Access to the property already exists and traffic volumes are already highest in the City along the Kenai Spur Highway. No statistically significant difference in traffic patterns is forecast, due to the high average annual daily traffic counts along the route. Existing trees and vegetation offer screening between the commercial property and nearby residential properties. Commercial developments are subject to site plan and landscaping plan requirements, per KMC 14.25.030 and 14.25.040, respectively. Any proposed developments would need to meet those requirements which offer protections to existing developed properties. Staff finds the proposed use would not impair the economic and noneconomic value of adjacent properties and neighborhood. Page 25 Resolution No. PZ2025-18 Conditional Use Permit Retail Marijuana Facility Page 3 of 5 Criteria 3: The proposed use is in harmony with the Comprehensive Plan. Findings: The Land Use Plan, from the 2016 Comprehensive Plan, identifies the subject property with the General Commercial (GC) land use classification. The GC Land Use Classification is defined in the Comprehensive Plan: General Commercial is intended for land uses that are typically retail, service, and other businesses that serve Kenai and the larger region. This type of development generally requires larger parcels of land and access to major arterial roadways, such as the Kenai Spur Highway. The surrounding uses consist of mostly empty commercial lots to the north, a commercial enterprise on the lot to the east, a single-family dwelling to the south, and empty lots with heavy tree cover to the west. Zoning surrounding this parcel is General Commercial in all directions. There are two Limited Commercial lots to the northwest, across the highway. In Imagine Kenai 2030 Comprehensive Plan, Chapter 6, “Goals, Objectives, and Implementation”, several goals and objectives are met from the proposed use. Goal 1 – Quality of Life is to promote and encourage quality of life in Kenai. Objective Q-2 Protect and rejuvenate the livability of existing Neighborhoods. Objective Q-4 Establish siting and design standards so that development is in harmony and scale with surrounding uses. Objective Q-5 Update existing site design guidelines for commercial development – landscaping, setbacks, parking. Goal 2 – Provide economic development to support the fiscal health of Kenai. Objective ED-5 Promote adaptive reuse of vacant commercial buildings in the city center and along the Kenai Spur Highway. Goal 3 – Land Use is to develop land use strategies to implement a forward-looking approach to community growth and development. Objective LU-2 Promote the infill of existing, improved subdivision lots. Objective LU-6 Review Zoning Code to consider use of buffers and buffer zones to separate incompatible land uses. Review landscaping ordinance to ensure buffers are required Page 26 Resolution No. PZ2025-18 Conditional Use Permit Retail Marijuana Facility Page 4 of 5 to protect Neighborhoods. Criteria 4: Public services and facilities are adequate to serve the proposed use. Findings: City water and sewer is not in the vicinity of the subject property but onsite water and wastewater treatment and disposal systems are in place. The applicants are required to be in compliant with wastewater disposal requirements of Kenai Peninsula Borough Chapter 20.40 and regulatory requirements of the Alaska Department of Environmental Conservation. The Kenai Spur Highway is a paved road, which is a State- maintained road. Criteria 5: The proposed use will not be harmful to the public safety, health or welfare. Findings: Per KMC 14.20.330(f) - Standards for Commercial Marijuana Establishments, 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. a. Staff measured the distance from the southwest corner of the subject parcel to the nearest point of the parcel containing Mountain View Elementary at 315 Swires Road. This distance is calculated to be 1,186.7 feet. (2) Buffer distances shall be measured as the closest distance from the perimeter of a stand-alone commercial marijuana establishment structure to the outer boundaries of the school, recreation or youth center, or the main public entrance of a church, correctional facility, or a substance abuse treatment facility providing substance abuse treatment. If the commercial marijuana establishment occupies only a portion of a structure, buffer distances are measured as the closest distance from the perimeter of the closest interior wall segregating the commercial marijuana establishment from other uses, or available uses in the structure, or an exterior wall if closer, to the outer boundaries of the school, recreation or youth center, or the main public entrance of a church or correctional facility, or a substance abuse treatment facility providing substance abuse treatment. a. Staff measured the distance from the northwest corner of the subject parcel to the nearest point of the parcel containing Seventh-Day Adventist church at 701 Swires Road. This distance is calculated to be 2,001.89 feet. Staff finds the proposed development meets the buffer distances as a part of the siting requirements. Criteria 6: Any and all specific conditions deemed necessary by the Commission to fulfill the above-mentioned conditions. These may include, but are not limited to, measures relative to access, screening, site development, building design, operation of the use and other similar aspects related to the proposed use. Page 27 Resolution No. PZ2025-18 Conditional Use Permit Retail Marijuana Facility Page 5 of 5 Findings: Pursuant to KMC 14.20.330 Standards for Commercial Marijuana Establishments the following conditions apply to retail marijuana stores: 1. On-site consumption is prohibited on the premises of the proposed commercial marijuana establishment. 2. The proposed retail marijuana store shall not emit an odor detectable by the public from outside establishment. 3. The proposed marijuana establishment may not conduct business on, or allow any customer or consumer to access, the licensed premises between the hours of 5:00a.m. and 8:00 a.m. daily. PUBLIC NOTICE Pursuant to Kenai Municipal Code 14.20.330(c) notices of the public hearing for the conditional use were 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. The notice periphery will be expanded until a minimum of thirty (30) different property owners are available for notification. City staff published notice of the public hearing in the Peninsula Clarion. City staff submitted an Affidavit of Posting verifying a sign was placed on the parcel with information on the public hearing for the conditional use permit request. No public comments have been received at the time of this report. STAFF RECOMMENDATION Staff finds that the proposed Conditional Use Permit to to develop and operate a retail marijuana facility at 7825 Kenai Spur Highway, on the property described as RS Cole Homestead Subdivision, Tract A, 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 adopt Resolution PZ2025-18 approving the Conditional Use Permit, subject to the following conditions: 1. Any development or use of the property shall comply with all applicable Federal, State of Alaska, and City regulations regardless of whether or not the requirements are listed as conditions for the approval of the Conditional Use Permit. 2. Upon request, the applicant or applicant’s representative shall meet with City staff for an on-site inspection. 3. On-site consumption is prohibited on the premises of the proposed commercial marijuana establishment. 4. The proposed retail marijuana store shall not emit an odor detectable by the public from outside establishment. 5. The proposed marijuana establishment may not conduct business on, or allow any customer or consumer to access, the licensed premises between the hours of 5:00a.m. and 8:00 a.m. daily. ATTACHMENTS Aerial Map Application Site Plan RS Cole Homestead Subdivision, Tract A Page 28 7825 Kenai Spur Hwy Legend Physical Addresses Transportation Mileposts Roads Medium Collector Medium Volume - Unmaintained Medium Volume - Maintained Low / Seasonal Legal Trail Private State Hwy Platted / Proposed Parcels and PLSS Parcels 9" Imagery Red: Red Green: Green Blue: Blue Red: Red Green: Green Blue: Blue Red: Red Green: Green Blue: Blue Red: Red Green: Green Blue: Blue Red: Red Green: Green Blue: Blue 0 500 1000 ft NOTE: Every reasonable effort has been made to ensure the accuracy of these data. However, by accepting this material, you agree that the Kenai Peninsula Borough assumes no liability of any kind arising from the use of this data. The data are provided without warranty of any kind, either expressed or implied, including but not limited to time, money or goodwill arising from the use, operation or modification of the data. In using these data, you further agree to indemnify, defend, and hold harmless Kenai Peninsula Borough for any and all liability of any nature arising from the lack of accuracy or correctness of the data, or use of the data. 5/13/2025 9:03:12 AM Page 29 Page 30 Page 31 Page 32 Page 33 Page 34 Page 35 Page 36 May 28, 2025 PLANNING & ZONING COMMISSION MEETING ADDITIONAL MATERIAL/REVISIONS REQUESTED ADDITIONS TO THE PACKET ACTION ITEM REQUESTED BY PAGE Add to Item F.1 Public Comment • Public Comment for PZ2025-18 Planning Director 1 1 | Page Planning & Zoning Commission May 28 2025 11.am planning@kenai.city Darrell “Reed” Knackstedt 414 Swires Rd. Kenai, AK.. To whom it may concern... I live with in ½ mile of 7825 Kenai Spur Hwy, and I have comments about the Conditional Use Permit for this address. I am against this permit being issued. I have personal history with the abuse of marijuana. I have an issue of this address being used for the stated use. I have an issue of this address being within ¼ mile of Mt. View Elementary School. And to be fair I have an Issue of Marijuana being legal at all in our community. Sincerely: Reed Knackstedt CERTIFICATE OF PUBLICATION & POSTING I, Kevin Buettner, Planning Director of the City of Kenai, do hereby certify that on the 5th day of May, 2025, I electronically mailed or caused to be published the foregoing Notice of Meeting to the Peninsula Clarion and requested that this Notice be published in the May 16, 2025 edition of their newspaper. On the 23rd day of May, 2025, the full meeting agenda was also posted at Kenai City Hall and on the internet at www.kenai.city. _________________________ Kevin Buettner Planning Director