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HomeMy WebLinkAboutResolution No. PZ2017-20u "Villaye with a Past, C# with a Future 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907-283-7535 / Fax: 907-283-3014 www.kenai.city CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ17-20 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 3,000 -SQUARE -FOOT MARIJUANA CULTIVATION FACILITY, STANDARD, AND AN APPROXIMATELY 2,500 -SQUARE -FOOT MARIJUANA PRODUCT MANUFACTURING FACILITY WITHIN AN EXISTING APPROXIMATELY 5,500 -SQUARE - FOOT COMMERCIAL BUILDING. APPLICANT: ACG LLC. PROPERTY ADDRESS: 12516 Kenai Spur Highway, Kenai, AK 99611 LEGAL DESCRIPTION: Lot 2, C -Plaza Subdivision KENAI PENINSULA BOROUGH PARCEL NO: 04314013 WHEREAS, an application meeting the requirements of Section 14.20.150 has been submitted and received on May 19, 2017; and, WHEREAS, the application affects land which is zoned as General Commercial (CG); 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 June 28, 2017; and, WHEREAS, the applicant has demonstrated with plans and other documents that the prerequisites of a Conditional Use Permit have been met; and, WHEREAS, Kenai Municipal Code 14.20.150 details the intent and application process for conditional uses and specifies the review criteria that must be satisfied prior to issuing the permit, which are the following: (1) The use is consistent with the purpose of this chapter and the purposes and intent of the zoning district. 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. Resolution No. PZ17-20 Conditional Use Permit Page 12 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 Marijuana Cultivation Facility, Standard and a Marijuana Product Manufacturing 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 14.20.120 is intended to provide for areas where a broad range of retail, wholesale, and service establishments is desirable. Uses are regulated to concentrate commercial development to the greatest extent possible and to prevent any uses, which would have an adverse effect upon nearby properties. New single-family and two-family residential uses and other noncommercial uses, except as otherwise provided in this chapter, are not permitted in this zone as principal uses because it is intended that land classified in this zone be reserved for commercial purposes, and because a commercial zone is not suited to the uses excluded above. The subject commercial building was constructed in 1977 and has operated as the Peninsula Moose Lodge until its closure in 2017. The operation of the Peninsula Moose Lodge consisted of a private social club and included a private restaurant and bar. Pursuant to KMC 14.20.010 — Land Use Table, a Fraternal Organization and a Restaurant/Bar are a principally permitted use within the General Commercial Zone. As proposed, the Commercial Marijuana Establishment would consist of an approximately 3,000 -square -foot Marijuana Cultivation Facility and a 2,500 -square -foot Marijuana Product Manufacturing Facility. According to the submitted application, the proposed CME would not be open to the public, and would only be used as a Marijuana Cultivation Facility and Product Manufacturing Facility. 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. Therefore, impacts to the surrounding neighborhood would be minimal, concerning 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 General Commercial Zoning District given the compliance with staff recommended specific conditions of approval. (2) The value of the adjoining property and neighborhood will not be significantly impaired. The proposed development must comply with the requirements of KMC 14.20.330 — Standards for Commercial Marijuana Establishments. In addition, the proposed development must also comply 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. Resolution No. PZ17-20 Conditional Use Permit Page 13 Pursuant to KMC 14.20.010 — Land Use Table, a Marijuana Cultivation Facility, Standard and a Marijuana Product Manufacturing Facility 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. 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, the applicant has indicated that they will implement an Odor Control Plan. The Odor Control Plan will consist of carbon filters and use of negative air pressure. Furthermore, the applicant has indicated that Marijuana Product Manufacturing portion of the proposed CME would not generate any odors, which would be detectable by the public. Concerning visual impacts and auditory impacts of the proposed CME, pursuant to the KMC 14.20.330 the proposed CME would be locate within a fully enclosed secure commercial building. 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 "Manufacturing/Industrial, research and laboratories", which requires One (1) space for every 500 square feet of gross floor area plus three (3) for patron parking and "Nurseries and greenhouses" which requires One (1) space per 500 square feet of gross floor area. Therefore, 8 -spaces will be required for the Marijuana Product Manufacturing Facility and 6 -spaces will be required for the Marijuana Cultivation Facility, Standard for 16 off-street parking spaces. 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. Resolution No. PZ17-20 Conditional Use Permit Page 14 (3) The proposed use is in harmony with the Comprehensive Plan. The subject parcel is defined in the 2030 Imagine Kenai Comprehensive Plan as Mixed Use (MU). The plan defines MU as `Mixed Use is intended for a compatible mix of residential, retail, service, office, public, institutional and recreational uses. Use are co - located in an integrated way that supports sustainable forms of transport such as public transport, walking and biking, and increases neighborhood amenities. Compatibility issues are addressed through careful site layout and building design." Goal 3 — Land Use of the 2030 Imagine Kenai Comprehensive Plan seeks to discuss land use strategies to implement a forward-looking approach to community growth and development. Objective LU -1 states "Establish siting and design standards so that development is in harmony and scale with surrounding uses." The applicants have inducted that they do not plan to enlarge the existing commercial building nor change its overall design. The proposed use would not be open to the public, and there would be use of minimal signage. Therefore, there will be minimal evidence of the proposed change of use for the proposed project and would largely go unnoticed by the public. Therefore, as proposed, the developed would be in harmony with the 2030 Imagine Kenai Comprehensive Plan. (4) Public services and facilities are adequate to serve the proposed use. City water and sewer serve the subject property. City of Kenai police and fire department resources are sufficient to serve the proposed use. (5) 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 3,000 -square -foot Marijuana Cultivation Facility, Standard and an approximately 5,500 -square -foot Marijuana Product Manufacturing Facility. The proposed CME would be located within an existing approximately 5,500 -square -foot commercial building, located on an approximately 42,253 -square -foot lot. Pursuant to the submitted application, and KMC 14.20.330(e) the CME would not emit an odor that is detectable by the public. The CME would also require the approval and issuance of a Standard Marijuana Cultivation Facility license and a Marijuana Product Manufacturing 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. KMC 14.20.330(f) provides that no portion of a CME can be located within the following buffer distances: (1) 1,000 feet of any primary and secondary schools (K-12) and 500 feet of any vocational programs, post -secondary schools including but not limited to trade, technical, or vocational schools, colleges and universities, recreation or youth centers, correctional facilities, churches, and state licensed substance abuse treatment facilities providing substance abuse treatment; and, Resolution No. PZ17-20 Conditional Use Permit Page 15 (2) Buffer distances shall be measured as the closest distance from the perimeter of a stand-alone commercial marijuana establishment structure to the outer boundaries of the school, recreation or youth center, or the main public entrance of a church, correctional facility, or a substance abuse treatment facility providing substance abuse treatment. If the commercial marijuana establishment occupies only a portion of a structure, buffer distances are measured as the closest distance from the perimeter of the closest interior wall segregating the commercial marijuana establishment from other uses, or available uses in the structure, or an exterior wall if closer, to the outer boundaries of the school, recreation or youth center, or the main public entrance of a church or correctional facility, a substance abuse treatment facility providing substance abuse treatment. Located east of the proposed CME is Kenai Christian Church, which was constructed in 1971 with a Sanctuary and public entrance off McKinley Street. In 1982, Kenai Christian Church added an addition and constructed a new Sanctuary and a new public entrance located north of the then existing public entrance leading from a newly constructed and expanded parking area. Then in 2004, a new covered entry with antic entry was constructed to provide covered access to the church from the parking area located to the north. KMC 14.20.330(f) requires that buffer distances for churches be measured from the closest distance from the perimeter of the CME to the main public entrance of a church. In speaking with Kenai Christian Church, and in conducting a site visit both during the week and on multiple Sunday's, staff observed that the public primarily uses the covered entrance, which is located off the main parking area to access, the church. In reviewing the City's Geographic Information System, staff measured the distance from the closest exterior wall of the proposed CME to the covered entrance and determined that it is approximately 504 feet in length. Staff also measured the distance from the entrance located off McKinley Street and determined that it is approximately 420 feet in length. The applicant has submitted a survey, which shows the distance from the entry of the proposed CME to the covered entry of the church and shows that its distance is 516 feet in length. Thus, staff feels that the buffer distance from the closest exterior wall of the proposed CME to the main covered antic entrance of Kenai Christian Church is over 500 feet in length and that the proposed project meets the buffer requirements of KMC 14.20.330(f). PZ17 - 20 Proposed Commercial Marijuana Establishment Buffers Therefore, giving the above discussion and proposed conditions of approval, staff believes that they proposed Commercial Marijuana Establishment, 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: 1. Further development of the property shall conform to all Federal, State, and local regulations. Resolution No. PZ17-20 Conditional Use Permit Page 16 2. A building permit will be required for the construction of the Commercial Marijuana Establishment as shown on the submitted floor plan. 3. Prior to issuance of the Building Permit, the applicant 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 — Landscaping/Site Plan Regulations. 4. All Marijuana Product Manufacturing methods shall conform to the requirements within the International Fire Code. 5. Prior to operation of the Marijuana Cultivation Facility, Standard and/or the Marijuana Product Manufacturing Facility, the applicant shall submit a copy of the approved and fully executed license from the Alaska Alcohol & Marijuana Control Board. The property owner shall comply with all regulations as stipulated by the State of Alaska Marijuana Control Board. 6. A Sign Permit will be required for the construction of any proposed signage. 7. 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 APPROXIMATELY 3,000 -SQUARE -FOOT MARIJUANA ArrKUAIMAI CLT V,VVU-JUUANt=-r-UUI UUMMLKUAL 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 ALASKA, this 281' day of June, 2017. 4TTFRT- COMMISSI N OF THE CITY OF KENAI, AIT, CHAIRPERSON