2017-02-15 Special MeetingKODIAK ISLAND BOROUGH
PLANNING AND ZONING COMMISSION
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BGROUGH CLENK'S OFFICE
KOUTAK, ALASKA
February 15, 2017 Special Meeting 6:30 pm -Borough Assembly Chambers
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Call to order the February 15, 2017 regular meeting of the Planning & Zoning
Commission at 6:30 p.m.
PLEDGE OF ALLEGIANCE
CHAIR ARNDT led the pledge of allegiance.
ROLL CALL
Requested excusal was Greg Spalinger.
Commissioners present were Scott Arndt, Barry Altenhof, Maria Painter, Alan Schmitt,
Chris Hatch, and Colin Young. Excused was Greg Spalinger.
A quorum was established.
COMMISSIONER SCHMITT MOVED to excuse Greg Spalinger.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY
Community Development Department staff present was Director Mason, Daniel
Mckenna-Foster, Sheila Smith, and Jack Maker.
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COMMISSIONER SCHMITT MOVED to approve the agenda.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY
CITIZENS' COMMENTS
For agenda Items not scheduled for public hearing and general comments. Comments
are limited to three minutes per speaker. Local phone number is 486-3231; Toll Free is
1-855-492-9202.
None
PUBLIC HEARINGS
Comments are limited to three minutes per speaker. Local phone number is 486-3231;
Kodiak Island Borough Planning & Zoning Commission Minutes
February 15, 2017 Page 1
Tall Free is 1-855-492-9202.
A) CASE 17-018. Request a regulations pertaining to marijuana businesses. This
ordinance was drafted by the Community Development Department under
direction of the Borough Assembly and includes recommendations made to the
Borough Assembly by the Borough's Marijuana Task Force. The applicant is the
Kodiak Island Borough. The location is borough -wide and the zoning varies.
COMMISSIONER SCHMITT MOVED to recommend that the Assembly of the Kodiak
Island Borough approve Ordinance No. FY2017-27 amending Title 17 KIBC (Zoning)
and to adopt the findings of fact listed in the staff report dated February 1, 2017 and
entered into the record for this case as "Findings of Fact" for Case No. 17-018
Director Mason stated in 2014 ballot measure 2 was presented to the voters in Alaska
and the State voted to legalize marijuana. About a year ago the borough opted to
exercise its right under Alaska law to develop its own regulations to govern the industry.
They adopted an ordinance that put a moratium on the establishment of marijuana
businesses in the borough until February 28, 2017. The revised version of Ordinance
FY2016-17, which was the one that instituted the moratorium is before the assembly
now because the sunset date of February 28th cannot be met based on our legislative
process we have in the borough. The proposed date that is before the assembly now is
April 30, 2017. The assembly has a public hearing scheduled on that ordinance
tomorrow night. The recommendations that are in the draft Ordinance FY2017-27 are
primarily based on what the Marijuana Task Force gave the assembly. There was talk at
a work session and the assembly disagreed with a couple of the recommendations so
they gave staff direction to change them. Director Mason handed out a table for the
commission to look at that is the proposed permitted, conditionally permitted, and
prohibited zones for marijuana cultivation, licenses, and manufacturing licenses, testing
licences, and retail licenses. There are two different kinds of cultivation licenses; the
limited culitivation license allows for 500 sq. feet to be under cultivation and the
standard license is unlimited. The State makes the distinction between the two so we
thought it would be best if we did as well. What is being proposed meets Title 17 and
any other applicable borough codes, it meets State codes and the implementation of
this ordinance in general meets several of our goals and policies in the Comprehensive
Plan. Staff recommends you forward this ordinance in some form with recommended
amendments if you feel it necessary to the assembly for their review.
Open public hearing:
Jonathan Strong spoke opposing the request.
Shelly Paulson spoke opposing the request.
Mark Anderson spoke opposing the request.
Kodiak Island Borough Planning & Zoning Commission Minutes
February 15, 2017 Page 2
Debra Kirk asked for clarification on whether RR was taken out. Staff clarified that it was
removed.
Close public hearing
Commission discussion regarding postponing to March to allow for tweeking and to get
more public input, Federal law, RR1 & RR2 zoning districts permitted uses include
horticultural buildings and activities and agricultural buildings and activities, people
wanting to get involved in a new economic endeavor, the State's adequate safeguards
to protect the public.
COMMISSIONER ALTENHOF MOVED to postpone this case to the March 15, 2017
regular meeting.
ROLL CALL VOTE ON MOTION TO POSTPONE CARRIED UNANIMOUSLY
CITIZENS' COMMENTS
Limited to three minutes per speaker. For agenda Items not scheduled for public
hearing and general comments. Local phone number is 486-3231; Toll Free is 1-855-
492-9202.
Jonathan Strong stated he thinks it's a good idea to spend more time on this. He
doesn't feel there are any economic benefits for Kodiak. The City Finance Manager did
a study and estimated that just in the city sales tax it would only be about $18,000 a
year which would not offset any of the costs of this in our community. The borough is
not going to tax it, there's just some licensing fees and he feels this would be an
economic drain on our community.
Debra Kirk stated that the next meeting is during spring break and a lot of families that
may be interested have already purchased tickets so there is conflicts.
STAFF COMMENTS
Director Mason stated the assembly hearing is scheduled tomorrow night for the
Ordinance that would push the sunset date from February 28° to April 301h. There was
interest from one or two assembly members on proposing that they extend that date
further. The assembly has directed her to put this ordinance 2017-27 on the assemblies
March 9th agenda to begin a concurrent review because there are portions of Title 3 and
Title 5 that you are not reviewing but have the business licensing, fees, and things like
that so it's the other side of this. Anyone who would not be able to make it to a public
meeting or does not like speaking in public venues is encouraged to write a letter and
email to the Community Development Department. We would make sure those
comments make it in the packet and are available not only to the public but for the
commissioners to consider in their discussion.
Kodiak Island Borough Planning & Zoning Commission Minutes
February 15, 2017 Page 3
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Alan Schmitt stated he won't be here at next month's regular meeting. Looking at the
State process the fee for a retail marijuana store license is $5,000, the cultivation fee is
$5,000, production facility license is $5,000, and there are sorted other fees. If people in
town are willing to put that kind of capital into an operation they will make something. It
may not be $100,000 but they'll make something. Economically, they should be given
the chance to do it. The people who sell their produce at farmer's markets aren't making
millions either but it's adding to the local economy.
ADJOURNMENT
COMMISSIONER SCHMITT MOVED to adjourn the meeting.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY
CHAIR ARNDT adjourned the meeting at 7:09 p.m.
KODIAK ISLAND BOROUGH
PLANNING AND ZONING COMMISSION
By:
ATTEST ScottArndt, Chair
By:
Sheila Smith, ecriary
Community Development Department
APPROVED: March 22, 2017
Kodiak Island Borough Planning & Zoning Commission Minutes
February 15, 2017 Page 4