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Home My WebLink AboutResolution No. 2017-39CITY OF KENAI RESOLUTION NO. 2017-39 Sponsored by: City Clerk A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, STATING ITS CONDITIONAL PROTEST REGARDING THE ISSUANCE OF A NEW LIMITED MARIJUANA CULTIVATION FACILITY, MARIJUANA LICENSE NO. 12303, FOR PENINSULA BOTANICALS, LLC, DBA PENINSULA BOTANICALS, LOCATED AT 1030 ANGLER DRIVE UNIT B, KENAI AK, 99611 AND AUTHORIZING THE CITY CLERK TO TAKE CERTAIN ACTION. WHEREAS, Peninsula Botanicals, LLC has made an application with the Alaska Alcohol and Marijuana Control Office (AMCO), for consideration by the Marijuana Control Board, and has paid the required fee for the issuance of a new Limited Marijuana Cultivation Facility, Marijuana License No. 12303, to be used for Peninsula Botanicals, located at 1030 Angler Drive Unit B, Kenai, Alaska 99611; and WHEREAS, the City Council must enter any protest to the AMCO within 60 days following receipt of the application; and, WHEREAS, the Kenai City Clerk's Office received a copy of this application on June 1, 2017 and has determined that the last day for the Council to file a protest is July 31, 2017; and WHEREAS, the Council Meeting on July 5, 2017 is the last scheduled regular meeting of the City Council prior to the expiration of the protest period; and WHEREAS, the City Clerk reports the following status concerning this location: 1. There are no financial obligations owed to the City of Kenai; and 2. Certification from the Legal Department has been received; and 3. Certification from the Police Department has been received; and 4. Certification from the Lands Department has been received; and 5. Certification from the Planning Department has not been received and conditions of the Conditional Use Permit, required per KMC 14.20.330, remain outstanding, specifically an approved Encroachment Permit; and WHEREAS, protest by the City Council is in order, pending Council confirmation, that outstanding items are required to be completed for this location. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA: Section 1. That the Kenai City Council hereby enters its CONDITIONAL PROTEST for the new Limited Marijuana Cultivation Facility, Marijuana License No. 12303, until these conditions are met: Certification from the Planning Department that the condition of an approved Encroachment Permit in the Conditional Use Permit, required per KMC 14.20.330, has been met. Resolution No. 2017-39 Page 2 of 2 Section 2. That a copy of this Resolution may be presented to the AMCO as proof that the Kenai City Council, as the local governing body, has stated its protest in order to allow the Director of AMCO to hold processing of the new Limited Marijuana Cultivation Facility Marijuana License No. 12303 under local protest, until receipt by the Director of confirmation from the City Clerk that the conditions in Section 1 have been met, and this protest is lifted as authorized by this Resolution. Section 3. That the Kenai City Council here by authorizes the City Clerk, upon the City Clerk's confirmation that all City Council conditions in Section 1 have been met, to provide written notification to the AMCO that this protest by the Kenai City Council is lifted, without further action by the City Council. Section 4. That this Resolution takes effect immediately upon passage PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 2111 day of June, 2017. ATTEST: Acting City BRIAN GABRIEL SR., MAYOR MEMORANDUM "'Villaye with a Past, C# with a Future 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907-283-7535 / FAX: 907-283-3014 1III''f 199] TO: David Ross, Police Chief Terry Eubank, Finance Department Scott Bloom, Legal Department Willie Anderson, Lands Management Myatt Kelley, City Planner FROM: l A Jamie Heinz, Acting City Clerk DATE: SIV\ June 5, 2017 RE: Limited Marijuana Cultivation Facility License Application The Alcoholic & Marijuana Control Office has sent notification that the following applicant has requested a new license: Applicant: Peninsula Botanicals, LLC Owners: Kathryn Staskon D/B/A: Peninsula Botanicals Pursuant to KMC 2.40.010, It is determined to be in the public interest that holders of or applicants for licenses issued by the Alcoholic Beverage Control Board or the Marijuana Control Board of the State of Alaska shall have all obligations to the City of Kenai on a satisfactory basis prior to the City Council approval of any activity of said license holder or applicant. Please review records maintained by your department (i.e. water and sewer billings, lease/property payment history, citations, etc.) by the above reference applicant and advise if obligations have been met. Mark the appropriate box below. If obligations have not been met, attach information to this memorandum indicating what obligations are outstanding and how the obligations can be cured. Please let me know if you have any questions. Thanks. 1. Police Department NV. initials I have reviewed all records for my department and the applicant is current on obligations or obligations do not exist. The applicant has outstanding obligations and an additional page has been attached. 2. Finance y, %. initials ® I have reviewed all records for my department and the applicant is current on obligations or obligations do not exist. The appliont has outstanding obligations and an additional page has been attached. 3. Legal � `� initials U Ihave reviewed all records for my department and the applicant is current on obligations or obligations do not exist. The applicant has outstanding obligations and an additional page has been attached. 4 ds Management IAA A,- initials 97have reviewed all records for my department and the applicant is current on obligations or obligations do not exist. OThe applicant has outstanding obligations and an additional page has been attached. S. Planning and Zoning A11C. initials 0 1 have reviewed all records for my department and the applicant is current on obligations or obligations do not exist, ahe applicant has outstanding obligations and an additional page has been attached. Returned to Clerk's office. M '7/,1141 wa a Past, ef;t wick a fatawe " 210 Fidalgo Ave, Kenai, Alaska 99611-7794 Telephone: (907) 283-7535 1 Fax: (907) 283-3014 www.kenai.city MEMORANDUM TO: Jamie Heinz, Acting City Clerk FROM: Matt Kelley, City PlannerAk DATE: June 12, 2017 SUBJECT: Limited Marijuana Cultivation Facility License Application 1030 Angler Drive, Lot 2 James H Cowan Estates The purpose of this communication is to recommend that the Council of the City of Kenai not approve the issuance of a License for a Marijuana Cultivation Facility, Limited until an Encroachment Permit is issued. Pursuant to Kenai Municipal Code 14.20.330 — Standards for Commercial Marijuana Establishments, the Planning and Zoning Commission approved the issuance of a Conditional Use Permit (PZ17-10) at their regular meeting of May 24, 2017. The Conditional Use Permit would allow the operation of an approximately 500 -square -foot Marijuana Cultivation Facility, Limited within an existing approximately 567 -square -foot detached garage. On October 10, 1997, the City issued Building Permit Number 13- 3455 for the subject garage. According to the Building Permit File, the subject garage only had the foundation inspected by the Building Official on October 17, 1997. Pursuant to the Building Permit, Permit Number B-3455 expired 6 months after it was issued due there not being any subsequent inspections. Therefore, the subject garage will need to be inspected by the Building Official prior to operation of the Commercial Marijuana Establishment and a new Building Permit will need to be issued. Furthermore, when the garage foundation was installed, it was placed on the side property line where it required a setback of 15 feet. Therefore, the subject garage does not meet the setback requirements established in KMC Table 14.24.020 for the Rural Residential Zone. According to the applicants, they recorded a Private Access Easement for Ingress, Egress, and Garage Encroachment (Document Number: 2016-002955-0). The easement allows access to the garage via a residential driveway, which crosses on to the neighbor's property for a distance of 25 feet. However, because the garage was placed on the subject side property line it does not comply with Kenai Municipal Code and therefore an Encroachment Permit, pursuant to KMC 14.20.185 will need to be approved prior to operation of the proposed Commercial Marijuana Establishment. Furthermore, it was discovered by the applicants that the subject garage was placed approximately 6 -inches on to the neighboring parcel. Therefore, the subject garage will need to be remodeled to remove the portion, which crosses the property line prior to the operation of the Commercial Marijuana Establishment. Thank you for your consideration. June 1, 2017 THE STATE 01ALASKA GOVERNOR BILI. WALKER City of Kenai Attn: Sandra Modigh, City Clerk VIA Email: smodish@kenai.city Cc: iblankenshio@kob.us micheleturner@kobms Department of Commerce, Community, and Economic Development ALCOHOL & MARIJUANA CONTROL OFFICE 550 West 71' Avenue, Suite 1600 Anchorage, AK 99501 Main: 907.269.0350 License Number: 12303 License Type: Limited Marijuana Cultivation Facility Licensee: Peninsula Botanicals, LLC Doing Business As: PENINSULA BOTANICALS Physical Address: 1030 angler drive Unit B kenai, AK 99611 Designated Licensee: kathryn staskon Phone Number: 907-420-4176 Email Address: katestaskon@gmail.com ® New Application ❑ Transfer of ownership Application ❑ Onsite Consumption Endorsement AMCO has received a completed application for the above listed license (see attached application documents) within your jurisdiction. This is the notice required under 3 AAC 306.025(d)(2). To protest the approval of this application(s) pursuant to 3 AAC 306.060, you must furnish the director and the applicant with a clear and concise written statement of reasons for the protest within 60 days of the date of this notice, and provide AMCO proof of service of the protest upon the applicant. 3 AAC 306.010, 3 AAC 306.080, and 3 AAC 306.250 provide that the board will deny an application for a new license if the board finds that the license is prohibited under AS 17.38 as a result of an ordinance or election conducted under AS 17.38 and 3 AAC 306.200, or when a local government protests an application on the grounds that the proposed licensed premises are located in a place within the local government where a local zoning ordinance prohibits the marijuana establishment, unless the local government has approved a variance from the local ordinance. This application will be in front of the Marijuana Control Board at our July 12-14, 2017 meeting. Sincerely, /Wjl� Erika McConnell, Director a mco.loca leovernmentonlv@alaska.eov Alaska Marijuana Control Board What is this form? Alcohol 3 Madplm a Control office 550 W 7ei Avenue, Suite 1600 Anefwraae, AK 99501 maijuwa.lc sina@alaskagov haps.1An-commerce.alaskm gwMeblmnco Phone: 907,269.0350 Cover Sheet for Marijuana Establishment Applications This cover sheet must be completed and submitted anytime a document, payment, or other marquana establishment application item is emailed, mailed, or hand -delivered to AMCO's main office. Items that are submitted without this Daae will be returned in the mannerjn-whiFh.thpi-waM nitro -4, Section ! — Establishment Information Enter information for the business seeking to be licensed, as identified on the license application. Licensee: Peninsula Botanicals, LLC License Number. 12303 License Type: Limited Marijuana Cultivation Facility Doing Business As: PENINSULA BOTANICALS Physical Address: 1030 Angler Dr. Unit B City: kenai State: I AK Zip Code: 99611 Designated Licensee: kathryn staskon Email Address: kalestaskon@gmag.com Section 2 - Attached items List all documents, payments, and other items that are being submitted along with this page. Attached Items: MJ -00 OFFICE USE ONLY Received Date: Payment Submitted YIN: I I Transaction It. Alcohol and Marijuana Control Office 550 W 7'h Avenue, Suite 1600 Anchorage, AK 99501 marijuana.licensineftlaska.eov ((, hnps://www.commerce.alaska.gov/web/amco Phone: 907.269.0350 Alaska Marijuana Control Board •�,.ro:/ Form MJ -00: Application Certifications What is this form? This application certifications form is required for all marijuana establishment license applications. Each person signing an application for a marijuana establishment license must declare that he/she has read and is familiar with As 17.38 and 3 AAC 306. This form must be completed and submitted to AMCID's main office by each ar000sed licensee las defined in 3 AAC 306.020(b)(2)) before any license application will be considered complete. Section 1 - Establishment Information Enter information for the business seeking to be licensed. as identified on the license application. Licensee: Peninsula Botanicals LLC I License Number: 12303 Ucenserype: Limited Marijuana Cultivation Facility Doing Business As: Peninsula Botanicals LLC Premises Address: 1030 Angler Drive Unit B City: Kenai state: I a I zip: 99611 Section 2 - Individual Information Enter information for the individual licensee or affiliate. Name: Kathryn Staskon Title: Chief Executive Officer Section 3 - Other Licenses Ownership and financial Interest in other licenses: Yes No Do you currently have or plan to have an ownership interest in, or a direct or indirect financial interest in another marijuana establishment license? If "Yes", which license numbers (for existing licenses) and license types do you own or plan to own? [Foran IVU -001 (rev 06/27/2016) Page 1of 3 Alcohol and Marijuana Control Office 550 W 7'" Avenue, Suite 1600 Anchorage, AK 99501 marl Iuana.Ilcenslnc Nralaska.¢ov https://www.commerce.alaska.gov/web/amcc Phone: 907.269.0350 Alaska Marijuana Control Board Form MJ -00: Application Certifications Section 4 - Certifications Read each line below, and then sign your initials in the bo: to the tight of each statement: Initials I certify that I have not been convicted of a felony in any state or the United States, including a suspended imposition of sentence, for which less than five years have elapsed from the time of the conviction to the date of this application. I certify that I am not currently on felony probation or felony parole. I certify that I have not been found guilty of selling alcohol without a license in violation of AS 04.11.010. 1 certify that I have not been found guilty of selling alcohol to an individual under 21 years of age in violation of 04.16.051 or AS 04.16.052. I certify that I have not been convicted of a misdemeanor crime Involving a controlled substance, violence against a person, use of a weapon, or dishonesty within the five years preceding this application. I certify that I have not been convicted of a class A misdemeanor relating to selling, furnishing, or distributing marijuana or operating an establishment where marijuana is consumed within the two years preceding this application. FS I certify that my proposed premises is not within SDD feet of a school ground, recreation or youth center, a building in which religious services are regularly conducted, or a correctional facility, as set forth in 3 AAC 306.010(a). I certify that my proposed premises is not located in a liquor licensed premises. I certify that I meet the residency requirement under AS 43.23 for a permanent fund dividend in the calendar year in which I am initiating this application. I certify that all proposed licensees (as defined in 3 AAC 306.020(b)(2)) and affiliates (as defined in 3 AAC 306.990(a)(1)) 5 have been listed on my online marijuana establishment license application. I certify that all proposed licensees have been listed on my application with the Division of Corporations. I certify that I understand that providing a false statement on this form, the online application, or any other form provided by AMCO is grounds for denial of my application. 111111"' C---' IIIA [Form MJ-001(rev 06/27/2016) Page 2 of 3 "rs�4l Alcohol and Marijuana Control Office SSO W 714 Avenue, Suite 1600 Anchorage, Ax 99501 mariluana.licensingNDalaska. gov https:/Iwww.commgrCe.alaska.gov/web/amc9 Phone: 907.269.0350 Alaska Marijuana Control Board Form MJ -00: Application Certifications Read each line below, and then sign your Initials in the box to the right of only the applicable statement: Initials Only Initial next to the following statement H this form is accompanying an application for a marijuana testing facility license: I certify that I do not have an ownership in, or a director indirect financial interest in a retail marijuana store, a marijuana cultivation facility, or a marijuana products manufacturing facility. Only initial next to the following statement if this form is accompanying an application for a retail mariluana storea marl uana cultivation facility, or a mariluana products manufacturing facility license: I certify that I do not have an ownership in, or a direct or indirect financial interest in a marijuana testing facility license. All marijuana establishment license applicants: As an applicant for a marijuana establishment license, I declare under penalty of unsworn falsification that I have read and am familiar with AS 17.38 and 3 AAC 306, and that I have examined the online application and this form, including all accompanying schedules and statements, and to the best of my knowledge and belief find them to be true, correct, and complete. ki/A Signatu a of licensee Kathryn Staskon Printed name Subscribed and swor a this day of--�� 20! �LQVFjPi;{It sa`P�trfir /�/ Notary Public in and for the tate of laska. f�' mm'Z20 - My commission expires: d5/ DS �� i dl� e [Form NU -001 (rev 06/27/2016) Page 3 of 3 Department of Commerce, Community, & Economic Development Alcohol & Marijuana Control Office License Number: 12303 License Status: New License 012303 Initiating License Application 2/27/2017 1:28:21 PM License Type: Limited Marijuana Cultivation Facility Doing Business As: PENINSULA BOTANICALS Business License Number: 1049951 Designated Licensee: kathryn staskon Email Address: katestaskon@gmail.com Local Government: Kenai (City ot) Community Council: Latitude, Longitude: 60.545068,-151.859760 Physical Address: 1030 angler drive kenai, AK 99611 UNITED STATES Licensee #1 Licensee Type: Entity Alaska Entity Number: 10051115 Alaska Entity Name: Peninsula Botanicals, LLC Phone Number: 907-420-4176 Email Address: katestaskon@gmail.com Mailing Address: 1030 angler drive kenai, AK 99611 UNITED STATES Affiliate #1 Licensee Type: Individual Name: kathryn staskon Date of Birth: 07/10/1980 Phone Number: 907-420-4176 Email Address: katestaskon@gmail.com Mailing Address: 1030 angler drive kenai, AK 99611 UNITED STATES