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HomeMy WebLinkAboutResolution No. PZ2016-17"Villaye with a Past, City with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / Fax: 907 - 283 -3014 www.kenai. city j CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ16 -17 CONDITIONAL USE PERMIT A RESOLUTION OF THE PLANNING AND ZONING KENAI GRANTING A REQUEST FOR A CONDITIO AN APPROXIMATELY 480 - SQUARE -FOOT RETAI APPROXIMATELY 498 - SQUARE -FOOT MAR JU LIMITED, WITHIN AN EXISTING A PR I COMMERCIAL RENTAL SPAC WITHIN N SQUARE -FOOT COMMERCIAL UILDING. APPLICANT: Deniece and VION OF THE CITY OF PERMIT TO OPERATE UANA STORE AND AN ULTIVATION FACILITY, TELY 1,630- SQUARE -FOOT NG APPROXIMATELY 9,332- PROPERTY ADDRESS: 11881 Kor)ai *yd Highway, Suite #3 Kenai, AK 9611 LEGAL DESCRIPTION: Gov rn DRC ots 19, 20, 21, Section 6, T5N, R11W KENAI PENINS BOROU H ULA L NO: 04702001 WHEREAS, an applicationrm tin th4 requirements of Section 14.20.150 has been submitted and received on,IV1 y 24, 01 ; and, WHEREAS, the ap'foat' affects I which is zoned as General Commercial (CG); and, WHEREAS, a duly a vertised public hearing as required by Kenai Municipal Code 14.20.153 was con cted by the Planning and Zoning Commission on June 22, 2016; and, WHEREAS 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 etails 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. v Resolution No. PZ16 -17 Conditional Use Permit Page 12 The subject parcel is zoned General Commercial (CG), 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, Limited may be established and operated under a Conditional Use Permit within the General Commercial Zone. The General Commercial Zone as outlined in KMC 14.20.110 is intended to provide for an area of concentrated commercial development. Regulations applying to this zone are designed to encourage a compact group of businesses of the type which are mutually beneficial and located close enough together to encourage walk -in trade. Pursuant to KMC 14.22.010 — Land Use Table, a Retail Marijuana Store and a Marijuana Cultivation Facility, Limited are allowed as a Conditional Use within the General Commercial Zoning District. As discussed above, the applicant has applied for a Conditional Use Permit to establish and operate a Retail Marijuana Store and Marijuana Cultivation Facility, Limited, within an existing approximately 1,630 - square -foot lease space located within an existing approximately 9,332- square -foot commercial building located on the subject parcel. Pursuant to the submitted floor plan, the Retail Marijuana Store would occupy approximately 480 square feet and the Marijuana Cultivation Facility would occupy approximately 498 square feet. The remaining, approximately 652 square feet would be used for an office, work room, bathroom, and storage room. Given the intent of the General Commercial Zone which encourages a compact group of businesses of the type which are located close enough together to encourage walk -in trade a retail business would be appropriate within the zone. The subject commercial building is a commercial mall, which consists of multiple uses which are consistent with a walk -in trade retail type business. In addition, further to the east of the subject parcel is the Salvation Army retail store, which also serves as a walk -in trade retail business, which is consistent with the General Commercial Zoning District. 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 neighborhood. Therefore, impacts to the surrounding 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 intent of KMC 14.20.150 and the intent of the General Commercial Zoning District with respect to the proposed use as a CME, given compliance with staff recommended specific conditions. Resolution No. PZ16 -17 Conditional Use Permit Page 13 B. The value of the adjoining property and neighborhood will not be significantly impaired. 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, Limited may be established in the General 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. 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 Odor the applicant has indicated that they will implement an Odor Control Plan. The Odor Control Plan will consist of carbon filters and Ona Gel. Pursuant to the submitted application materials the use of Ona Gel in combination with charcoal filters results in a clean, fresh smell which neutralizes odors that would be detectable by the public from outside the CME or in the adjacent retail lease spaces. With regards to visual impacts and auditory impacts of the proposed CME, pursuant to the submitted application materials, the applicants would have a secure store front. They propose to obscure the windows and front doors with a security gate to restrict unauthorized access. Furthermore, they plan to install plate glass to further secure the front windows. Access to the proposed CME would only be allowed by those persons who are 21 years of age or older. In addition, the rear entrance to the CME would be secured with a steel door and security bar, to restrict access. Pursuant to the submitted application, the applicants do not plan to enlarge the lease space or otherwise add onto the existing building, therefore, a Landscape Site Plan, pursuant to KMC 14.25.020 would not be required. With regards to off - street parking, KMC 14.20.250(8) details the parking requirements for a Retail Store and a Nursery or Greenhouse. Pursuant to KMC 14.20.250(8), "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. A Landscape Site Plan will not be required, because the proposed use is not a change of use and the existing commercial building is currently landscaped. Resolution No. PZ16 -17 Conditional Use Permit Page 14 However, in order to verify that the proposed CME would meet the off - street parking requirements of 2- spaces for the Retail Store Marijuana Store and 1 -space for the Marijuana Cultivation Facility, Limited, staff will require the submission of a parking plan prior to operation of the CME. 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 existing commercial building, which was built in 1969 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. 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 or welfare. The proposed use is to establish and operate a Commercial Marijuana Establishment consisting of an approximately 480 - square -foot Retail Marijuana Store and an approximately 498 - square -foot Marijuana Cultivation Facility, Limited. The proposed CME would be located within an existing approximately 1,630- square -foot rental space, located on an approximately 1.67 -acre parcel. 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 Limited 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 -17 Conditional Use Permit Page 15 With regards to consumption of Marijuana and Marijuana Products within the proposed Retail Marijuana Store, 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. With regards to buffer distances as discussed in KMC 14.20.330(f)(1), staff feels that the proposed CME would be located within 500 feet of the outer boundaries of two Recreation and Youth Centers. Pursuant to KMC 14.20.320 — Definitions, a "Recreation or Youth Center" is defined as: "a building, structure, athletic playing field, or playground, run or created by a local government or the state to provide athletic, recreation, or leisure activities for minors, or operated by a public or private organization, licensed to provide shelter, training, or guidance for persons under 21 years of age ". According to the City of Kenai's Geographic Information System (GIS) there are baseball fields which are operated by the City of Kenai located on South Spruce Street. Furthermore, located on Main Street Loop and further bound by First Avenue and Birch Street are softball fields which are operated by the City of Kenai. On South Spruce Street, the baseball fields are located on 12 legally separate Government Lots. Government Lot Number 86 which is located south of Government Lot 62 contains a portion of the closest baseball filed to the proposed CME. Pursuant to the submitted application materials, the applicants have submitted a survey which shows that the proposed CME would be located approximately 505 feet from the north eastern corner of the grass area directly adjacent to South Spruce Street. In discussions with the applicants, they have indicated that the outer boundary of the baseball field would be this corner because that is the closest entrance and parking area to the baseball fields. Pursuant to KMC 14.20.330(f)(2), buffer distances are measured from the closest exterior wall of the CME to the outer boundaries of the Recreation or Youth Center. In this case, it is the understanding of staff that this measurement would be taken from the front door of the proposed CME, to the property line northeastern corner of Government Lot 86; which is approximately 455 feet. This understanding is being based on the intention and discussion with the Council of the City Kenai that was given during the public hearing for Ordinance No. 2870 -2016 on January 20, 2016 that the outer boundaries of Schools would be the property line. This is because these types of uses often include grass areas, out buildings and other appurtenances which make up school grounds. Given this, it is recommended that the outer boundaries of an athletic playing field also be the property lines given that they can be clearly defined. Athletic playing fields contain grass areas and other appurtenances which vary in their placement and can sometimes change depending on the season or user requirements. Resolution No. PZ16 -17 Conditional Use Permit Page 16 Whereas, property lines do not change unless the parcel is re- plated, which therefore allows for buffer measurements to remain consistent for all athletic fields. Given the above discussion, with regards to the softball fields located on Main Street Loop and further bound by First Avenue to the north, Cohoe Avenue to the south and Birch Street to the west. The parcel on which the softball fields are located extends to and is bound by a portion of Birch Street. This is due to the Right -of -Way for Coral Street, not connecting completely with First Avenue. Therefore, a buffer measurement from the proposed CME to the subject most western property line of this parcel is approximately 438 feet. Conversely, a similar measurement as provided by the applicants and as shown in the City's GIS would be approximately 1,436 feet from the proposed CME to closet entrance to the Recreation or Youth Center. Recommendation to deny the Conditional Use Permit application: Thus, given the above discussion with regards to buffers and pursuant to KMC 14.20.330(f)(2), staff believes that this finding cannot be made and that the proposed Commercial Marijuana Establishment consisting of an approximately 480- square -foot Retail Marijuana Store and an approximately 498 - square -foot Marijuana Cultivation Facility, Limited would be harmful to the public safety, health, or welfare. Staff therefore recommends that the Planning and Zoning Commission deny the proposed Conditional Use Permit application without prejudice. The Planning and Zoning finds that the proposed Commercial Marijuana Establishment, consisting of an approximately 480 - square -foot Retail Marijuana Store and an approximately 498 - square -foot Marijuana Cultivation Facility, Limited would not be harmful to the public safety, health, or welfare and that is complies with buffer distance requirements outlined in Kenai Municipal Code Section 14.20.330(1)(2) because it lies approximately 505 feet from the Recreation or Youth Center (Baseball Fields) located on South Spruce Street and it lies approximately 1,436 feet from the Reaction or Youth Center (Softball Fields) located on Main Street Loop and further bound by First Avenue to the north, Cohoe Avenue to the south and Birch Street to the west. The Planning and Zoning Commission interprets Kenai Municipal Code Section 12.20.330(0(2) to mean that buffer distances to Recreation or Youth Centers be measured from the outer boundaries of the facility and not the property line. 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. A building permit will be required for the construction of the Commercial Marijuana Establishment as shown on the submitted floor plan. Resolution No. PZ16 -17 Conditional Use Permit Page 17 3. Prior to issuance of the Building Permit, the applicant shall submit a site plan which shows the location of 3 off -site parking spaces which serve the Commercial Marijuana Establishment. 4. Prior to operation of the Retail Marijuana Store and /or the Marijuana Cultivation Facility, Limited, the applicant shall submit a copy of the approved and fully executed license for the Retail Marijuana Store and the Marijuana Cultivation Facility, Limited. The applicant 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 RENTAL SPACE WITHIN AN EXISTING APPROXIMATELY 9 332 - 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 COMMISSION OF THE CITY OF KENAI, ALASKA, this 22nd day of June, 2016. Twait, Chairperson ATTEST: Sandra Modigh, City Clerk