Planning Commission

CITY AND BOROUGH OF SITKA Minutes - Final Planning Commission Wednesday, June 4, 2025 7:00 PM Harrigan Centennial Hall I. CALL TO ORDER AND ROLL CALL Present: Darrell Windsor (Chair), Katie Riley (Vice Chair), Stacy Mudry, Wendy Alderson, Robin Sherman, Thor Christianson (Assembly Liaison; left at 7:56 p.m.) Staff: Amy Ainslie, Kim Davis, Ariadne Will Public: Thomas Jacobsen, Marty Martin, Liza Martin, Jennifer Patrick, Ashley McNamee, Cathy Li (Sitka Sentinel) Chair Windsor called the meeting to order at 7:00 p.m. II. CONSIDERATION OF THE AGENDA III. CONSIDERATION OF THE MINUTES A PM 25-10 Approve the May 21, 2025 meeting minutes. M/Mudry-S/Alderson moved to approve the May 21, 2025 meeting minutes. Motion passed 5-0 by voice vote. IV. PERSONS TO BE HEARD V. PLANNING DIRECTOR’S REPORT Ainslie provided the commission with an update on two appeals of commission decisions. The appeal concerning a telecommunications tower had appeared before the Assembly on May 29, 2025 but the Assembly remanded the appeal to the State Office of Administrative Hearing Board after members conflicted out and were unable to convene as the Board of Adjustment. The appeal concerning a subdivision on Islander Drive was scheduled for appearance at the Assembly on June 10. VI. REPORTS VII. THE EVENING BUSINESS B CUP 25-08 Public hearing and consideration of a conditional use permit for a marijuana retail facility at 4509 Halibut Point Road in the C-2 general commercial mobile home district. The property is also known as Lot 50, US Survey 3475. The request is filed by High Tide Cannabis (Elizabeth and Marty Martin). The owner of record is Richard Burgess Bauder. Ainslie introduced a request for marijuana retail at 4509 Halibut Point Road in the C-2 CITY AND BOROUGH OF SITKA Page 1 Planning Commission Minutes - Final June 4, 2025 general commercial mobile home district. The proposed retail activity was to take place at the northernmost portion of the property, which was just shy of 30,000 square feet. A 676-square foot retail building was being constructed with a sales counter, display cabinet, office, and bathroom. Ainslie said a minor increase in traffic was expected, but most of the customers would be pedestrians walking from the cruise ship dock. Ainslie said the commission could propose further conditions of approval and said the applicant and adjacent property owner were to provide signage off of Halibut Point Road to indicate which driveway was to be used for the facility. Ainslie spoke to a public comment received before the meeting that opposed the request, saying that the permit request conflicted with neighborhood character and would negatively impact property values. Staff said that the property was part of a residential area, but was zoned commercial and abutted a large-scale commercial development. Further, staff said those that would be impacted most were tenants under the same property owner. Staff said it did not have quantifiable evidence regarding impact to property value. Applicants Marty and Liza Martin provided a brief explanation of the operation they hoped to establish on the property. They explained that they had signed a two-year lease with property owner Burgess Bauder. Under public comment, neighbor Thomas Jacobsen said he opposed the permit requests for marijuana retail and onsite consumption. He said the area was "improperly" zoned commercial and that his property value had fallen considerably since the development of the cruise dock. During deliberation, the commission noted the residential nature of the neighborhood and its zoning as commercial since zoning districts were implemented in Sitka. The commission added a condition of approval requiring further signage in the store discouraging use of marijuana on private property, specifically within the nearby residential area. It clarified that neighbors could complain against the permit, should problems arise, allowing for the conditional use to be reconsidered. M/Alderson-S/Mudry moved to approve the conditional use permit for a marijuana retail facility at 4509 Halibut Point Road in the C-2 general commercial and mobile home district subject to the attached conditions of approval. The property was also known as Lot Fifty (50), U.S. Survey 3475. The request was filed by High Tide Cannabis (Elizabeth and Marty Martin, AKO Farms, LLC). THe owner of record was Richard Burgess Bauder. Motion passed 5-0 by voice vote. M/Alderson-S/Mudry moved to adopt and approve the required findings for conditional use permits as listed in the staff report. Motion passed 5-0 by voice vote. C CUP 25-09 Public hearing and consideration of a conditional use permit for on-site marijuana consumption at 4509 Halibut Point Road in the C-2 general commercial mobile home district. The property is also known as Lot 50, US Survey 3475. The request is filed by High Tide Cannabis (Elizabeth and Marty Martin). The owner of record is Richard Burgess Bauder. Ainslie provided background for a request for a conditional use permit for onsite marijuana consumption at 4509 Halibut Point Road. She noted that onsite marijuana consumption was a recent addition to Sitka General Code. The proposed onsite CITY AND BOROUGH OF SITKA Page 2 Planning Commission Minutes - Final June 4, 2025 consumption space was roughly 2,500 to 3,000 square feet and outside, with two 120 square foot gazebos, surrounded by an eight-foot fence and with access to a marijuana retail space. Applicants proposed a 12-person maximum given the size of the space. No odor mitigation was proposed and Ainslie said the commission could add conditions of approval if appropriate. A condition of approval had been added by staff requiring the facility to maintain an up-to-date taxi and transportation list for customers. Another condition of approval added by staff required further screening of the gazebos, which, upon a site visit, were visible from outside the premises due to grade change on the property. This condition of approval was accompanied with language allowing the applicants to construct a fence higher than eight feet, the maximum height allowed within the C-2 zone. Applicants Marty and Liza Martin explained the kinds of products to be distributed to customers and said that those looking to consume marijuana onsite could only consume specific amounts of product. Following deliberation and further conversation with the applicants, the commission added an additional condition of approval requiring the applicants install ventilation and filtration systems in the roofs of both gazebos, and restricting customers interested in smoking flower to do so within the gazebos. The condition of approval also required an assessment of odor after a month of the consumption area's operation to determine whether further odor mitigation factors would be necessary. No public comment was received, apart from that which was given during the public comment period for the previous agenda item. M/Mudry-S/Alderson moved to approve the conditional use permit for onsite marijuana consumption at 4509 Halibut Point Road in the C-2 general commercial and mobile home district, subject to the attached conditions of approval. The property was also known as Lot Fifty (50), U.S. Survey 3475. The request was filed by High Tide Cannabis (Elizabeth and Marty Martin, AKO Farms, LLC). The owner of record was Richard Burgess Bauder. Motion passed 5-0 by voice vote. M/Mudry-S/Alderson moved to adopt and approve the required findings for conditional use permits as listed in the staff report. Motion passed 5-0 by voice vote. D CUP 25-11 Public hearing and consideration of a conditional use permit for a short-term rental at 410 Spruce Street Apt B in the R-2 multifamily residential district. The property is also known as Lot 2, Hemlock Subdivision. The request is filed by Jennifer and Wyatt Patrick. The owners of record are Jennifer and Wyatt Patrick. Davis relayed a request for a conditional use permit for a short-term rental at 410 Spruce Street. The owner-applicants had proposed use of their downstairs unit for a short-term rental with a maximum capacity of four guests and one vehicle. The dwelling unit had two bedrooms and one bathroom. The applicants proposed use of the unit year-round. Staff had talked with the applicant prior to the meeting about including additional signage on the property to help visitors locate the property's driveway. No public comment was received. During deliberation, the commission commented on its frustration with the continued trend of long-term rentals converting to short-term rentals. M/Mudry-S/Sherman moved to approve the conditional use permit for a short-term rental at 410 Spruce Street, Apartment B, in the R-2 multifamily CITY AND BOROUGH OF SITKA Page 3 Planning Commission Minutes - Final June 4, 2025 residential district subject to the attached conditions of approval. The property was also known as Lot Two (2), Hemlock Subdivision. The request was filed by Jennifer and Wyatt Patrick. The owners of record were Jennifer and Wyatt Patrick. Motion passed 5-0 by voice vote. M/Mudry-S/Sherman moved to adopt and approve the required findings for conditional use permits as listed in the staff report. Motion passed 5-0 by voice vote. E CUP 25-12 Public hearing and consideration of a conditional use permit for a food truck at 328 Lincoln Street in the CBD Central Business District. The property is also known as Lot One (1), Columbia Bar Subdivision. The request is filed by Ashley McNamee. The owner of record is Drew Wilson. Davis introduced a request for a food truck at 328 Lincoln Street. Applicant Ashley McNamee, owner of Ashmo's, was requesting a permit to operate her 25- by 8-foot food truck behind the old Columbia Bar property. It had formerly operated at 331 Lincoln Street. During deliberation, the commission expressed concern about possible pedestrian safety issues that could arise from the parking of the Ashmo's truck on the lot, where another food truck was already permitted. The site plan showed the two trucks would park parallel to one another. The commission asked if it would be possible to park in a different configuration. McNamee said she was unsure and staff added that other configurations might not be possible due to fire separation regulations. A condition of approval was added by the commission to allow for a trial period for the parallel site plan, with changes to be made if necessary following a site visit and evaluation by city staff. No public comment was received. Following the vote on the CUP, Sherman said that she would like to see property owners bring forward site plans approved for food trucks, rather than individual food trucks applying for CUPs to operate in the CBD. M/Alderson-S/Riley moved to approve the conditional use permit for a food truck at 328 Lincoln Street in the Central Business District, subject to the attached conditions of approval. The property was also known as Lot One (1), Columbia Bar Subdivision. The request was filed by Ashley McNamee (Ashmo's). The owner of record was Drew Wilson. Motion passed 5-0 by voice vote. M/Alderson-S/Riley moved to adopt and approve the required findings for conditional use permits as listed in the staff report. Motion passed 5-0 by voice vote. VIII. ADJOURNMENT Chair Windsor adjourned the meeting at 9:28 p.m. CITY AND BOROUGH OF SITKA Page 4