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HomeMy WebLinkAboutResolution No. PZ2016-06"V'llaye with a Past, Ci with a Future 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / Fax: 907- 283 -3014 4ihe www.kenai.city of,.'/ w� CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ16 -06 CONDITIONAL USE PERMIT A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI GRANTING A REQUEST FOR A CONDITIONAL USE PERMIT TO OPERATE AN APPROXIMATELY 400 - SQUARE -FOOT RETAIL MARIJUANA STORE AND AN APPROXIMATELY 860- SQUARE -FOOT MARIJUANA CULTIVATION FACILITY, STANDARD, WITHIN AN EXISTING APPROXIMATELY 2,256- SQUARE -FOOT COMMERCIAL BUILDING. APPLICANT: Roger Boyd PROPERTY ADDRESS: 5455 Kenai Spur Highway, Kenai, AK 99611 LEGAL DESCRIPTION: Lot 6A1, Thompson Park 2013 Replat KENAI PENINSULA BOROUGH PARCEL NO: 04907032 WHEREAS, an application meeting the requirements of Section 14.20.150 has been submitted and received on February 4, 2016; and, WHEREAS, the application affects land which is zoned as Limited Commercial (LC); and, WHEREAS, a duly advertised public hearing as required by Kenai Municipal Code 14.20.153 was conducted by the Planning and Zoning Commission on March 23, 2016; and, WHEREAS, the applicant has demonstrated with plans and other documents that the prerequisites of a Conditional Use Permit have been met. Kenai Municipal Code 14.20.150 details the intent and application process for conditional uses. The code also specifies the review criteria that must be satisfied prior to issuing the permit. The criteria are: A. The use is consistent with the purpose of this chapter and the purposes and intent of the zoning district. The subject parcel is zoned Limited Commercial (LC), and is therefore subject to the Principal Permitted and Conditional land -uses as shown on KMC 14.22.010 - Land Use Table. Pursuant to Ordinance 2870 -2016 as approved by the Council of the City of Kenai on January 20, 2016 which became effective on February 19, 2016, a Retail Marijuana Store and a Marijuana Cultivation Facility, Standard may be established and operated under a Conditional Use Permit within the Limited Commercial Zone, The Limited Commercial Resolution No. PZ16 -06 Conditional Use Permit Page 12 Zone as outlined in KMC 14.20.115 is intended to provide transition areas between commercial and residential districts by allowing low to medium volume businesses, mixed residential and other compatible uses which complement and do not materially detract from the uses allowed with adjacent districts. In 2006, the subject parcel was rezoned from General Commercial to Limited Commercial, which caused some businesses within the surrounding area to becoming nonconforming. KMC 14.20.050(b) permits nonconformities to continue operating until such time as they are removed or cease operation. Due to the subject parcel being rezoned, the convenience /liquor store and gas station became legal nonconforming because an Automotive Service Station could only be established with a Conditional Use Permit under the Limited Commercial Zone. Thus, its use was allowed to continue until it was closed in 2008 and remained closed for twelve (12) consecutive months pursuant to KMC 14.20.050(e)(5), it could not be reestablished except by a Conditional Use Permit. As discussed above, on March 7, 2013 a Conditional Use Permit was approved by the Planning and Zoning Commission which allowed for the operation of an Internet /Retail Business to sell seafood products. Given the intent of the Limited Commercial Zone which allows a mixture of low to medium volume businesses mixed with residential and other compatible uses a retail business would be appropriate within the zone. As discussed above, the applicant has applied for a Conditional Use Permit to establish and operate a Retail Marijuana Store and Marijuana Cultivation Facility, Standard within an existing approximately 2,256- square -foot commercial building located on the subject parcel. Pursuant to the submitted floor plan, the Retail Marijuana Store would occupy approximately 400 - square -foot and the Marijuana Cultivation Facility would occupy approximately 860 square feet. The remaining, approximately 996 square feet would be used for an office, work room, bathroom, storage room and mechanical room. The Kenai Spur Highway is classified by the State of Alaska Department of Transportation and Public Facilities as a Major Collector. A collector is defined as "A road classification applicable to roads serving a mixture of local access and through traffic, for which the volume, average speed, and trip length of vehicles using the road are usually lower than for principal or minor arterials, but higher than for local roads." Furthermore, KMC 14.20.320 defines a Collector as "...a street located and designed for the primary purpose of carrying through traffic and of connecting major areas of the City ". Pursuant to the submitted site plan, primary access to the subject Commercial Marijuana Establishment (CME) would be from the Kenai Spur Highway, and not through the surrounding residential neighborhood. Therefore, impacts to the surrounding residential neighborhood should be minimal, with regards to vehicular access. Therefore, given the above discussion within the context of the proposed land -use project, it seems reasonable the proposed Commercial Marijuana Establishment would be consistent with the purpose of KMC 14.20.150 and the intent of the Limited Commercial Zoning District given the compliance with staff recommended specific conditions of approval. B. The value of the adjoining property and neighborhood will not be significantly impaired. Resolution No. PZ16 -06 Conditional Use Permit Page 13 The proposed development must be in compliance with the requirements of KMC 14.20.330 Standards for Commercial Marijuana Establishments. In addition, the proposed development must also be in compliance with Alaska Statue 17.38, an Act to Tax and Regulate the Production, Sale, and Use of marijuana as well as Alaska Administrative Code - Title 3 — Marijuana Control Board — Omnibus licensure requirements and procedures for marijuana establishments. Pursuant to KMC 14.20.010 — Land Use Table, a Retail Marijuana Store and a Marijuana Cultivation Facility, Standard may be established in the Limited Commercial Zone with a Conditional Use Permit. In addition, pursuant to KMC 14.20.330 — Standards for Commercial Marijuana Establishments, provisions have been put in place to help mitigate impacts to the value of adjoining property and the surrounding neighborhood. Pursuant to the submitted application materials and a site visit by staff, the proposed CME would comply with the requirements contained within KMC 14.20.330. As reviewed by staff, the proposed CME would be contained within a fully enclosed secure indoor facility as required by KMC 14.20.330(d), thereby, helping to mitigate the potential impact to surrounding property owners. In addition, pursuant to KMC 14.20.330(e) all CME's shall not emit an odor that is detectable by the public from outside the CME. Pursuant to the submitted supplemental application materials, under Section 2 the applicant has indicated that they will implement an Odor Control Plan. The Odor Control Plan will consist of carbon filters and a negative -ion generator. In addition, should odor if needed to further control odor, the applicant would install an ozone generator within the attic spaces of the CME. With regards to visual impacts and auditory impacts of the proposed CME, KMC Chapter 14.25 details the requirements of the submission and approval of a Landscape Site Plan. KMC 14.25.020 gives the requirements and in part states that a Landscape Site Plan is required for all commercial development which requires a change of use under KMC 14.20.250(a). The proposed project requires a change of use under KMC 14.20.250(a) — Off - street parking and loading requirements requires the submission of a Landscape Site Plan because the proposed use of the building is a change of use. A Landscape Site Plan will be required to be approved by the Planning Department prior to issuance of the Building Permit. The Landscape Site Plan will need to demonstrate compliance with the off - street parking requirements in KMC 14.20.250(8) for a "Store: Retail and wholesale sales of non- bulky items ", which requires One (1) space per 300 square feet of gross floor area and a "Nurseries and greenhouses" which requires One (1) space per 500 square feet of gross floor area. Therefore, 2- spaces will be required for the Retail Marijuana Store and 4 spaces will be required for the Marijuana Cultivation Facility, Standard for a total of 6 off - street parking spaces. In addition, to reduce the visual impact of the proposed CME, it is recommended that 10 new 6 -inch diameter by a minimum of 6- foot tall native spruce trees be planted in the southern section of the subject lot to aid in natural screening. In addition, to further minimize visual impacts of the proposed CME from the adjacent single- family residences located to the west and south, staff recommends that the existing 8 -foot cedar fence which was built as part of the Landscape Site Plan requirements in 1986 for the convenience /liquor be replaced. Staff further recommends that the fence be extended to run the full length of the western property line and be constructed as a "good neighbor" fence. Resolution No. PZ16 -06 Conditional Use Permit Page 14 Pursuant to Alaska Statue 17.38, an Act to Tax and Regulate the Production, Sale, and Use of marijuana as well as Alaska Administrative Code — Title 3 — Marijuana Control Board — Omnibus licensure requirements and procedures for marijuana establishments an appropriate license for a Marijuana Establishment will have to be issued by the State of Alaska Marijuana Control Board. Staff therefore recommends that a condition be added to require that prior to operation of the CME a copy of the approved appropriate license be furnished to the City of Kenai. Therefore, provided that all conditions recommended by staff and the Planning and Zoning Commission are followed, staff believes that the value of the adjoining property and neighborhood will not be significantly impaired. C. The proposed use is in harmony with the Comprehensive Plan. The subject parcel is defined in the 2003 Comprehensive Plan as Neighborhood Commercial. The plan defines Neighborhood Commercial as 'The Neighborhood Commercial district applies to areas along the arterial road system that are suitable for small -scale neighborhood - serving retail, service, and office uses." The Limited Commercial Zone closely resembles the Mixed Use Zone in the 2003 Comprehensive Plan. The Mixed Use District fosters a compatible mix of retail, service, office, public, institutional recreational and multi - family residential uses. The district does not prescribe specific proportions for these uses, only that all these uses are desirable within the district. The existing commercial building, which was built in 1986 has traditionally served in a small -scale neighborhood- serving retail capacity. The proposed use of the existing building as a CME would be a similar type use in that it is a small -scale neighborhood - serving retail use. The applicant has proposed to remodel the exterior of the building to create a more modern looking structure that would be clad in wood with earth -tone colors. As proposed, the proposed use would be in harmony with the 2003 Comprehensive Plan and mixed use nature of the larger surrounding neighborhood and is consistent with existing development along the Kenai Spur Highway. D. Public services and facilities are adequate to serve the proposed use. The subject property is served by City water and sewer. City of Kenai police and fire department resources are sufficient to serve the proposed use. E. The proposed use will not be harmful to the public safety, health orwelfare. The proposed use is to establish and operate a Commercial Marijuana Establishment consisting of an approximately 400 - square -foot Retail Marijuana Store and an approximately 800 - square -foot Marijuana Cultivation Facility, Standard. The proposed CME would be located within an existing approximately 2,256- square -foot commercial building, located on an approximately 40,096- square -foot lot. Pursuant to the submitted application, the CME would not emit an odor that is detectable by the public from outside the CME pursuant to KMC 14.20.330(d). The CME would also require the approval and issuance of a Standard Marijuana Cultivation Facility license and a Retail Marijuana Store license from the State of Alaska Marijuana Control Board. Both licenses are subject to the provisions found in Alaska Statue 17.38, an Act to Tax and Regulate the Production, Sale, and Use of marijuana as well as Alaska Administrative Code — Title 3 — Marijuana Control Board — Omnibus licensure requirements and procedures for marijuana establishments. Resolution No. PZ16 -06 Conditional Use Permit Page 15 With regards to buffer distances as discussed in KMC 14.20.330(f)(1), the proposed CME would not be located within 1,000 feet of any primary and secondary school (K -12) or within 500 feet of any vocational program, post- secondary school including but not limited to trade, technical, or vocational schools, college and universities, recreation or youth centers, correctional facilities, churches, and state licensed substance abuse treatment facilities providing substance abuse treatment. Therefore, the proposed CME meets the buffer requirements of KMC 14.20.330(f)(1). With regards to consumption of Marijuana and Marijuana Products within the proposed Retail Marijuana, the applicant has indicated that they will not allow it to take place. Thus, the operation of the proposed Retail Marijuana Store would comply with Ordinance No. 2868 -2015, which was approved by the Council of the City of Kenai on January 6, 2016 and became effective February 5, 2016. Pursuant to the subject Ordinance and Alaska Administrative Code - Title 3 — Marijuana Control Board - Omnibus licensure requirements and procedures for marijuana establishments, the consumption of Marijuana and Marijuana Products, would be allowed within a designated area of a Retail Marijuana Store. However, the Alaska State regulations do not provide any standards for which the Marijuana Control Board would approve or disapprove a Retail Marijuana Store to permit consumption of marijuana or marijuana products. Thus, it was in the best interest of the City of Kenai pursuant to the above Ordinance to establish a moratorium prohibiting the consumption of marijuana and marijuana products in Retail Marijuana Stores until further guidance is provided by the Marijuana Control Board or State Legislature ensures minimum health and safety standards are met to protect consumers, the public, first responders, and employees of such establishments. Therefore, pursuant to the above Ordinance a Moratorium is in effect for one year from the effective date of the Ordinance, unless terminated sooner or extended by Ordinance of the City Council. Therefore, giving the above discussion and proposed conditions of approval, staff believes that they proposed Commercial Marijuana Establishment, consisting of an approximately 400 - square -foot Retail Marijuana Store and an approximately 800 - square -foot Marijuana Cultivation Facility, Standard would not have a harmful impact to the public safety, health or welfare. WHEREAS, any and all specific conditions deemed necessary by the Planning and Zoning Commission to fulfill the conditions as set forth below shall 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, as follows: Further development of the property shall conform to all Federal, State, and local regulations. 2. Prior to issuance of the Building Permit, the property owner shall submit a Landscape Site Plan for review and approval by Planning Administration. The Landscape Site Plan shall demonstrate compliance with Kenai Municipal Code Chapter 14.25 — LandscapinglSite Plan Regulations. The Landscape Site Plan shall also include a provision for the planting of ten (10) 6 -inch diameter native spruce trees in the southern Resolution No. PZ16 -06 Conditional Use Permit Page 16 3. portion of the subject parcel to aid in visual screening. commercial building, the property owner shall construct an 8 -foot tall "Good Neighbor" cedar fence along the entire length of the western and southwestern property lines. A Building Permit is also required for the construction of the cedar fence. The cedar fence shall be maintained in perpetuity by the property owner. 4. Prior to operation of the Retail Marijuana Store and /or the Marijuana Cultivation Facility, Standard, the property owner shall submit a copy of the approved and fully executed license for the Retail Marijuana Store and the Marijuana Cultivation Facility, Standard. The property owner shall comply with any and all regulations as stipulated by the State of Alaska Marijuana Control Board. 5. A Sign Permit will be required for the construction of the proposed marquee sign which is shown on the submitted floor plan and building elevations. Prior to installation of any new signs, a Sign Permit shall be submitted to the City of Kenai Planning Department for review and approval. 6. Pursuant to Kenai Municipal Code Section 14.20.150(f) the property owner shall submit an Annual Report to the City of Kenai. NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA THAT THE APPLICANT HAS DEMONSTRATED THAT THE PROPOSED OPERATION OF AN APPROXIMATELY EXISTING APPROXIMATELY 2.256-SQUARE-FOOT COMMERCIAL BUILDING MEETS THE CONDITIONS REQUIRED FOR SAID OPERATION AND THEREFORE THE COMMISSION DOES AUTHORIZE THE ADMINISTRATIVE OFFICIAL TO ISSUE THE APPROPRIATE PERMIT. PASSED BY THE PLANNING AND ZONING KE AI, ALASKA, this 13th day of April, 2016. VTAJ4 jW T it, Chairp rson COMMISSION OF THE CITY OF