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HomeMy WebLinkAbout2017-11-08 Planning & Zoning PacketAGENDA KENAI PLANNING & ZONING COMMISSION – REGULAR MEETING NOVEMBER 8, 2017 - 7:00 P.M. KENAI CITY COUNCIL CHAMBERS 210 FIDALGO AVENUE, KENAI, ALASKA http://www.kenai.city 1. CALL TO ORDER a. Pledge of Allegiance b. Roll Call c. Agenda Approval d. Consent Agenda e. *Excused absences – Commissioner J. Twait *All items listed with an asterisk (*) are considered to be routine and non-controversial by the Commission and will be approved by one motion. There will be no separate discussion of these items unless a Commission Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. 2. *APPROVAL OF MINUTES: October 25, 2017 ………………………………………………..1 3. SCHEDULED PUBLIC COMMENT: (Public comment limited to ten (10) minutes per speaker) 4. UNSCHEDULED PUBLIC COMMENT (Public comment limited to three (3) minutes per speaker; thirty (30) minutes aggregated) 5. CONSIDERATION OF PLATS: None 6. PUBLIC HEARINGS: a. Resolution No. PZ2017-33 Application for a Conditional Use Permit to operate an approximately 1,396 square-foot Retail Marijuana Store within an existing approximately 10,560 square-foot commercial building; consisting of an approximately 300 square-foot retail area, marijuana product storage area and an approximately 1,300 square-foot non- marijuana storage basement, located on the property known as 10767 Kenai Spur Highway, Space D, Lot 1-C, Spur Subdivision No. 2, KPB Parcel No. 04705106. Application submitted by: Ryan Tunseth, P.O. Box 1922, Alaska 99611. …………………5 UNFINISHED BUSINESS: None 7. NEW BUSINESS: a. *Resolution No. PZ2017-35 - Application for a Home Occupation Permit for a Day Care of no more than eight (8) children under the age of twelve (12), including children related to the caregiver, submitted by Martina McCaughey, 701 Maple Dr., Kenai, AK 99611. ……52 8. PENDING ITEMS: None ____________________________________________________________________________________ AGENDA KENAI PLANNING & ZONING COMMISSION – REGULAR MEETING NOVEMBER 8, 2017 - 7:00 P.M. Page 2 of 2 9. REPORTS: a. City Council ……………………………………………………………………………………65 b. Borough Planning c. Administration 10. ADDITIONAL PUBLIC COMMENT (Public comment limited to three (3) minutes per speaker; thirty (30) minutes aggregated) 11. INFORMATIONAL ITEMS: None 12. NEXT MEETING ATTENDANCE NOTIFICATION: December 13, 2017 13. COMMISSION COMMENTS & QUESTIONS 14. ADJOURNMENT CITY OF KENAI PLANNING & ZONING COMMISSION CITY COUNCIL CHAMBERS OCTOBER 25, 2017- 7:00 P.M. COMMISSION CHAIR TWAIT, PRESIDING MINUTES 1. CALL TO ORDER: Commission Chair Twait called the meeting to order at 7:00 p.m. a. Pledge of Allegiance Commission Chair Twait led those assembled in the Pledge of Allegiance. b. Roll Call Commissioners present: D. Fikes, J. Twait, V. Askin, J. Halstead, G. Greenberg, K. Peterson, B. Springer Staff/Council Liaison present: City Planner M. Kelley, City Clerk J. Heinz, and Council Liaison J. Glendening A quorum was present. c. Agenda Approval MOTION: Commissioner Peterson MOVED to approve the agenda and Commissioner Askin SECONDED the motion. There were no objections; SO ORDERED. d. Consent Agenda MOTION: Commissioner Askin MOVED to approve the consent agenda; Commissioner Peterson SECONDED the motion. There were no objections; SO ORDERED. *All items listed with an asterisk (*) are considered to be routine and non-controversial by the Commission and will be approved by one motion. There will be no separate discussion of these items unless a Commission Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. e. *Excused Absences – None. Page 1 of 68 2. *APPROVAL OF MINUTES: a. *October 11, 2017 Minutes were approved by the consent agenda. 3. SCHEDULED PUBLIC COMMENT: (10 Minutes) None scheduled. 4. PERSONS PRESENT NOT SCHEDULED: (3 Minutes) None. 5. CONSIDERATION OF PLATS: a. PZ17-34 – Original Preliminary Plat of Buxton Subdivision, Eagle Rock Addition, submitted by McLane Consulting, Inc., P.O. Box 468, Soldotna, AK 99669, on behalf of Castillo H2H Trust, 1509 Third Avenue, Kenai, AK 99611. City Planner Kelley reviewed his staff report, which was provided in the packet, noting the plat reconfigured lots into a larger parcel and recommended approval with the following conditions: • Further development of the property shall conform with all Federal, State, and local regulations; • The City Council for the City of Kenai must approve the vacation of the 25 foot right-of- way for Coolidge Lane, and vacation of the five foot (5’) utility easement pursuant to Kenai Municipal Code 22.05.110 and Kenai Peninsula Borough Code 20.28.100; • The City Manager for the City of Kenai must sign the plat acknowledging acceptance by the City of Kenai of the final plat. MOTION: Commissioner Springer MOVED to approve Resolution No. PZ17-34 with staff recommendations and Commissioner Halstead SECONDED the motion. Commission Chair Twait opened the floor for public testimony; there being no one wishing to be heard, public comment was closed. The applicant, Eddie Castillo, noted he intended to consolidate the lots to ensure the trees near him would remain. VOTE: YEA: Fikes, Greenberg, Askin, Twait, Halstead, Peterson, Springer NAY: MOTION PASSED UNANIMOUSLY. 6. PUBLIC HEARINGS: None. 7. UNFINISHED BUSINESS: None. Page 2 of 68 8. NEW BUSINESS: None. 9. PENDING ITEMS: None. 10. REPORTS: a. City Council – Council Member Glendening reviewed the Action Agenda for the October 19 City Council meeting which was provided in the packet. b. Borough Planning – Kenai Peninsula Borough Planning Commissioner Fikes reviewed action from the October 23 Borough Planning Commission meeting noting ten plats were approved; a marijuana cultivation facility was approved; a Conditional Use Permit for resource extraction in Nikiski was postponed; and the Borough Comprehensive Plan was reviewed. c. Administration – City Planner M. Kelley asked if the Commission wanted to cancel the second meetings in November and December due to holidays. It was decided the second meetings in November and December would be cancelled. 11. PERSONS PRESENT NOT SCHEDULED: None. 12. INFORMATIONAL ITEMS: None. 13. NEXT MEETING ATTENDANCE NOTIFICATION: November 8, 2017 Commission Chair Twait noted he would be absent. 14. COMMISSION COMMENTS & QUESTIONS: None. 15. ADJOURNMENT: There being no further business before the Commission, the meeting was adjourned at 7:24 p.m. Minutes prepared and submitted by: _____________________________ Jamie Heinz, CMC City Clerk Page 3 of 68 THIS PAGE INTENTIONALLY LEFT BLANK Page 4 of 68                   STAFF REPORT        To:      Planning & Zoning Commission          Date:  November 3, 2017 Resolution No. PZ2017‐33        GENERAL INFORMATION Applicant: Ryan Tunseth PO Box 1922 Kenai, AK 99611 Property Owner: Zan Inc. PO Box 2009 Kenai, AK 99611 Requested Action: Application for a Conditional Use Permit to operate an approximately 1,396-square-foot Retail Marijuana Store within an existing approximately 10,560-square- foot commercial building; consisting of an approximately 300-square-foot retail area, marijuana product storage area and an approximately 1,300- square-foot non-marijuana storage basement. Legal Description: Lot 1-C, Spur Subdivision No. 2 Street Address: 10767 Kenai Spur Highway, Unit D KPB Parcel No.: 047-051-06 Existing Zoning: CMU – Central Mixed Use Current Land Use: Commercial Building Land Use Plan: Central Commercial ANALYSIS General Information: This is an application for the construction and operation of Commercial Marijuana Establishment (CME) consisting of an approximately 1,396-square-foot Retail Marijuana Store located within in leased tenant space further located within an existing approximately 10,560-square-foot commercial building. The proposed Retail Marijuana Store would contain an approximately 300-square-foot retail area, marijuana product storage area and an approximately 1,300-square-foot non-marijuana storage basement. The subject CME would be located within an existing commercial building, located on an approximately .54 acre lot. Page 5 of 68 PZ2017‐33 Staff Report  Page 2  The subject parcel is bound on its north property line by the Kenai Spur Highway and by Frontage Road on its southern property line. Located east of the subject parcel is Arby’s Restaurant and a detached commercial building with various commercial uses. Located to the west is another detached commercial building with various commercial uses. The subject commercial building was built in 1997. Kenai Municipal Code (KMC) 14.20.150(d) details the intent and application process for conditional uses. The code also specifies the review criteria that must be satisfied prior to issue the permit. The criteria are: (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 Central Mixed Use (CMU), 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 may be established and operated under a Conditional Use Permit within the Central Mixed Use Zone. The Central Mixed Use Zone, as outlined in KMC 14.20.125 is established to provide a centrally located area in the City for general retail shopping, personal and professional services, entertainment establishments, restaurants and related businesses. The district is also intended to accommodate a mixture of residential and commercial uses. The CMU Zone shall be designed to encourage pedestrian movement throughout the area. Building and other structures within the district should be compatible with one another and the surrounding area. The subject commercial building was constructed in 1997 and contains four tenant spaces. The subject tenant spaces range in size from approximately 956 square feet to 1,496 square feet. Furthermore, the subject building contains a basement which is located beneath the proposed CME and the space next door located to the west. The existing commercial building contains a retail-clothing store, accounting and tax office and a dentist office. The subject commercial building also contains a separate 1-bedroom apartment space, which is located above the proposed CME. As proposed, the Commercial Marijuana Establishment would consist of an approximately 1,396-square-foot Retail Marijuana Store located within a leased tenant space. The proposed Retail Marijuana Store would contain an approximately 300-square-foot retail area, a marijuana product storage area and an approximately 1,300-square-foot non-marijuana storage area located in the basement. 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”. Page 6 of 68 PZ2017‐33 Staff Report  Page 3  Pursuant to the submitted site plan, primary access to the subject Commercial Marijuana Establishment (CME) would be from the Kenai Spur Highway or from Frontage Road. Designated parking would be located to the south of the proposed CME within the existing parking lot. The parking area would consist of 10 spaces there are striped and specific to the proposed CME. 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 Central Mixed Use 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. Pursuant to KMC 14.20.010 – Land Use Table, a Retail Marijuana Store may be established in the Central Mixed Use 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) no CME’s shall 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 a clean air intake and HEPA filtration. Furthermore, the applicant has indicated that they will use mechanical ventilation, active carbon filtration and use of negative air pressure to further control odors. Furthermore, the applicant has indicated that marijuana products will be pre-packaged in sealed jar or blister packs to ensure that odors are minimized. The applicant has indicated in their Odor Control Plan that excess marijuana products would be stored in a separate restricted access room to ensure that higher potential odor area is segregated and filtered. Thus, according to the Odor Control Plan, the proposed CME would not generate any odors, which would be detectable by the public. Concerning visual and auditory impacts of the proposed CME, pursuant to the KMC 14.20.330 the Retail Marijuana Store would be located within a fully enclosed secure commercial building. The subject tenant space contains two entrances, one, which is located on the east side of the space, and one, which is located on the south side of the space. The applicant has indicated that they will be using the entrance located on the south side of the space. Thus, access will be controlled through one door. Page 7 of 68 PZ2017‐33 Staff Report  Page 4  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 and therefore 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 “Stores: Retail and wholesale of non-bulky items”, which requires One (1) space for every 300 square feet of gross floor area. Therefore, five (5) off-street parking spaces will be required. 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. (3) The proposed use is in harmony with the Comprehensive Plan; The subject parcel is defined in the 2030 Imagine Kenai Comprehensive Plan as Central Commercial (CC). The plan defines CC as “Central Commercial is intended for retail, service, and office businesses at a more compact and denser scale; locations are accessible and convenient to both motorist and pedestrians. Central Commercial-type development is particularly desirable in the Townsite Historic District and adjacent core area...” 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 be open to the public between the hours of 9:00 AM and 11:00 on any day. The name of the applicants company is Cook Inlet Cannabis Company, doing business as East Rip. Therefore, the applicant has proposed to install two sings on the existing building. The subject commercial building contains an existing sign face, which is located above the space that the applicant proposes to lease. The area is comprised of existing commercial development located along the Kenai Spur Highway and Frontage Road. Therefore as proposed, the development would be in harmony with the 2030 Imagine Kenai Comprehensive Plan. Page 8 of 68 PZ2017‐33 Staff Report  Page 5  (4) Public services and facilities are adequate to serve the propose 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 Retail Marijuana Store, located within an existing commercial building. 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 Retail Marijuana Store license from the State of Alaska Marijuana Control Board. The license is 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, (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. 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. In addition, it would not be within 500 feet of any, 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). 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. Page 9 of 68 PZ2017‐33 Staff Report  Page 6  (6) Any and all specific conditions deemed necessary by the commission to fulfill the above-mentioned conditions should 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. 1. 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. 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. Prior to operation of the Retail Marijuana Store, the applicant shall submit a copy of the approved and fully executed license from the Alaska Alcohol & Marijuana Control Board. The applicant shall comply with all regulations as stipulated by the State of Alaska Marijuana Control Board. 5. A Sign Permit will be required for the construction of any proposed signage. 6. Pursuant to Kenai Municipal Code Section, 14.20.150(f) the applicant shall submit an Annual Report to the City of Kenai. Page 10 of 68 PZ2017‐33 Staff Report  Page 7  RECOMMENDATIONS Based on the application and a review of the criteria required to approve the permit, it is the recommendation of staff that the proposed Conditional Use Permit for the establishment and operation of a Commercial Marijuana Establishment consisting of a Retail Marijuana Store be approved, subject to the following conditions: The issuance of the Conditional Use Permit shall be conditioned upon the following: 1. 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. 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. Prior to operation of the Retail Marijuana Store, the applicant shall submit a copy of the approved and fully executed license from the Alaska Alcohol & Marijuana Control Board. The applicant shall comply with all regulations as stipulated by the State of Alaska Marijuana Control Board. 5. A Sign Permit will be required for the construction of any proposed signage. 6. Pursuant to Kenai Municipal Code Section, 14.20.150(f) the applicant shall submit an Annual Report to the City of Kenai. ATTACHMENTS: 1. Resolution No. PZ2017 - 33 2. Application 3. Supplemental Application Information 4. Site Plan 5. Map Page 11 of 68 CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ2017-33 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 1,396-SQUARE-FOOT RETAIN MARIJUANA STORE WITHIN AN EXISTING APPROXIMATELY 10,560-SQUARE-FOOT COMMERCIAL BUILDING; CONSISTING OF AN APPROXIMATELY 300-SQUARE-FOOT RETAIL AREA, MARIJUANA PRODUCT STORAGE AREA AND AN APPROXIMATELY 1,300-SQUARE-FOOT NON- MARIJUANA STORAGE BASEMENT. APPLICANT: Ryan Tunseth PROPERTY ADDRESS: 10767 Kenai Spur Highway, Unit D, Kenai, AK 99611 LEGAL DESCRIPTION: Lot 1-C, Spur Subdivision No. 2, Section 31, T5N, R11W KENAI PENINSULA BOROUGH PARCEL NO: 047-051-06 WHEREAS, an application meeting the requirements of Section 14.20.150 has been submitted and received on September 27, 2017; and, WHEREAS, the application affects land which is zoned as Central Mixed Use (CMU); 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 November 8, 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 Central Mixed Use (CMU), 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 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907-283-7535 / Fax: 907-283-3014 www.kenai.city Page 12 of 68 Resolution No. PZ17-33 Conditional Use Permit Page | 2 on January 20, 2016, which became effective on February 19, 2016, a Retail Marijuana Store may be established and operated under a Conditional Use Permit within the Central Mixed Use Zone. The Central Mixed Use Zone, as outlined in KMC 14.20.125 is established to provide a centrally located area in the City for general retail shopping, personal and professional services, entertainment establishments, restaurants and related businesses. The district is also intended to accommodate a mixture of residential and commercial uses. The CMU Zone shall be designed to encourage pedestrian movement throughout the area. Building and other structures within the district should be compatible with one another and the surrounding area. The subject commercial building was constructed in 1997 and contains four tenant spaces. The subject tenant spaces range in size from approximately 956 square feet to 1,496 square feet. Furthermore, the subject building contains a basement which is located beneath the proposed CME and the space next door located to the west. The existing commercial building contains a retail-clothing store, accounting and tax office and a dentist office. The subject commercial building also contains a separate 1-bedroom apartment space, which is located above the proposed CME. As proposed, the Commercial Marijuana Establishment would consist of an approximately 1,396-square-foot Retail Marijuana Store located within a leased tenant space. The proposed Retail Marijuana Store would contain an approximately 300-square-foot retail area, a marijuana product storage area and an approximately 1,300-square-foot non- marijuana storage area located in the basement. 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 or from Frontage Road. Designated parking would be located to the south of the proposed CME within the existing parking lot. The parking area would consist of 10 spaces there are striped and specific to the proposed CME. 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 Central Mixed Use 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 Page 13 of 68 Resolution No. PZ17-33 Conditional Use Permit Page | 3 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 may be established in the Central Mixed Use 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) no CME’s shall 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 a clean air intake and HEPA filtration. Furthermore, the applicant has indicated that they will use mechanical ventilation, active carbon filtration and use of negative air pressure to further control odors. Furthermore, the applicant has indicated that marijuana products will be pre-packaged in sealed jar or blister packs to ensure that odors are minimized. The applicant has indicated in their Odor Control Plan that excess marijuana products would be stored in a separate restricted access room to ensure that higher potential odor area is segregated and filtered. Thus, according to the Odor Control Plan, the proposed CME would not generate any odors, which would be detectable by the public. Concerning visual and auditory impacts of the proposed CME, pursuant to the KMC 14.20.330 the Retail Marijuana Store would be located within a fully enclosed secure commercial building. The subject tenant space contains two entrances, one, which is located on the east side of the space, and one, which is located on the south side of the space. The applicant has indicated that they will be using the entrance located on the south side of the space. Thus, access will be controlled through one door. 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 and therefore 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 “Stores: Retail and wholesale of non-bulky items”, which requires One (1) space for every 300 square feet of gross floor area. Therefore, five (5) off-street parking spaces will be required. Page 14 of 68 Resolution No. PZ17-33 Conditional Use Permit Page | 4 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. (3) The proposed use is in harmony with the Comprehensive Plan. The subject parcel is defined in the 2030 Imagine Kenai Comprehensive Plan as Central Commercial (CC). The plan defines CC as “Central Commercial is intended for retail, service, and office businesses at a more compact and denser scale; locations are accessible and convenient to both motorist and pedestrians. Central Commercial-type development is particularly desirable in the Townsite Historic District and adjacent core area...” 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 be open to the public between the hours of 9:00 AM and 11:00 on any day. The name of the applicants company is Cook Inlet Cannabis Company, doing business as East Rip. Therefore, the applicant has proposed to install two sings on the existing building. The subject commercial building contains an existing sign face, which is located above the space that the applicant proposes to lease. The area is comprised of existing commercial development located along the Kenai Spur Highway and Frontage Road. Therefore as proposed, the development 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 Retail Marijuana Store, located within an existing commercial building. 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 Retail Marijuana Store license from the State of Alaska Marijuana Control Board. The license is 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 Page 15 of 68 Resolution No. PZ17-33 Conditional Use Permit Page | 5 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, (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. 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. In addition, it would not be within 500 feet of any, 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). 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; and, 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. 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. Page 16 of 68 Resolution No. PZ17-33 Conditional Use Permit Page | 6 4. Prior to operation of the Retail Marijuana Store, the applicant shall submit a copy of the approved and fully executed license from the Alaska Alcohol & Marijuana Control Board. The applicant shall comply with all regulations as stipulated by the State of Alaska Marijuana Control Board. 5. A Sign Permit will be required for the construction of any proposed signage. 6. Pursuant to Kenai Municipal Code Section, 14.20.150(f) the applicant 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 OPERATION OF AN APPROXIMATELY 1,396-SQUARE-FOOT RETAIN MARIJUANA STORE WITHIN AN EXISTING APPROXIMATELY 10,560-SQUARE-FOOT COMMERCIAL BUILDING; CONSISTING OF AN APPROXIMATELY 300-SQUARE-FOOT RETAIL AREA, MARIJUANA PRODUCT STORAGE AREA AND AN APPROXIMATELY 1,300-SQUARE-FOOT NON-MARIJUANA STORAGE BASEMENT 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 8th day of November, 2017. ___________________________ ATTEST: JEFF TWAIT, CHAIRPERSON _______________________________________ Jamie Heinz, City Clerk Page 17 of 68 SPUR NO. 4 & REPLATNO. 6 NO. 2 SPUR SUBD. NO. 11983 ADDITIONALEYESKA PART THREER/ W N A M E C H A N G E D B Y R E S S N 9 1 - 0 1 NO. 7 TR. A 2-C 2-D 2 1A 1-A 1-C 1-B 2-B 2-A 1-3A1 1 3-B 2-3A2 4 (4)1080110801108214710880 10800108191081997106711073310639 107351076741610821108804124151073597106711073310639 41241510767416SP U R V I E W D R FRONTAGE RDB R I D G E A C C E S S R D10801108011082147108801080010819108199710671107331063910735107674161082110880412415107359710671107331063941241510767416. 125 ' Date: 11/3/2017 The information depicted hereon is for graphic representationonly of the best available sources. The City of Kenai assumes no responsibility for errors on this map. 1 inch equals 125 feet Lot 1_C Spur Subdivision, No. 2 Page 18 of 68 Page 19 of 68 Page 20 of 68 Page 21 of 68 Page 22 of 68 Page 23 of 68 Page 24 of 68 Page 25 of 68 Page 26 of 68 Cook Inlet Cannabis Co. DBA East Rip Retail License Application / Conditional Use Permit Supplement Cook Inlet Cannabis Co. Conditional Use Permit Supplement 09/27/2017 (Revised 10.23.17) Page 27 of 68 1 2 3 4 5 REVISIONS REMARKSMM/DD/YY 01A..._ _ /_ _ /_ _ ..._ _ /_ _ /_ _ RMT10 / 23 / 2017 RMT10 /11 / 2017 08 /01 /2017 RMT Cook Inlet Cannabis Co. DBA East Rip Retail License Application / Conditional Use Permit Supplement Elevations / Curbside Page 28 of 68 1 2 3 4 5 REVISIONS REMARKSMM/DD/YY 02A..._ _ /_ _ /_ _ ..._ _ /_ _ /_ _ RMT10 / 23 / 2017 RMT10 /11 / 2017 08 /01 /2017 RMT Cook Inlet Cannabis Co. DBA East Rip Retail License Application / Conditional Use Permit Supplement Table of Contents A 03 Adjoining Tenants / Uses A 04 Buffer Map 1 of 3 A 05 Buffer Map 2 of 3 A 06 Buffer Map 3 of 3 A 07 City Of Kenai Comprehensive Plan References 1 of 3 A 08 City Of Kenai Comprehensive Plan References 3 of 3 A 09 City Of Kenai Comprehensive Plan References 3 of 3 A 10 Zoning A 11 Location Reference Photos A 12 Parking Plan A 13 Logos A 14 Floor Plan / Premises Diagram 1 of 2 A 15 Floor Plan / Premises Diagram 2 of 2 A 16 Floor Plan / Premises Diagram 3 of 3 A 17 Security / Camera Plan 1 of 2 A 18 Security / Camera Plan 2 of 2 A 19 Signage Plan A 20 Ventilation / AHU Plan A 21 Business Snapshot Table of Contents Page 29 of 68 1 2 3 4 5 REVISIONS REMARKSMM/DD/YY 03A..._ _ /_ _ /_ _ ..._ _ /_ _ /_ _ RMT10 / 23 / 2017 RMT10 /11 / 2017 08 /01 /2017 RMT Cook Inlet Cannabis Co. DBA East Rip Retail License Application / Conditional Use Permit Supplement Space A Denali Family Dentistry Dentist Office Space B Hammer Tax & Accounting Tax / Accounting Space D “Proposed Retail Marijuana Location” Space C Kelsis Kloset Retail Clothing Sales Space E 1bd Apartment Currently Occupied Located above Space D Separate outside access. Adjoining Uses Page 30 of 68 1 2 3 4 5 REVISIONS REMARKSMM/DD/YY 04A..._ _ /_ _ /_ _ ..._ _ /_ _ /_ _ RMT10 / 23 / 2017 RMT10 /11 / 2017 08 /01 /2017 RMT Cook Inlet Cannabis Co. DBA East Rip Retail License Application / Conditional Use Permit Supplement 3 22 21 20 19 18 17 16 15 14 13 1211 10 9 8 7 6 5 4 3 2 1 BR I DG E AC C E S S RDFRONTAGE RDS P U R V I EWKENAI SPUR HWY SPUR V IEW 500' PARCEL BUFFER 1000' PARCEL BUFFER NORTH 600 FEET 3000 SCALE 500' SETBACK FROM BOUNDARY LOT 1-C KN 83-28 PER COK P&Z ZONING CODE 14.20.330 (b) Parcel ID Existing Landuse Owner Mailing Address CityStateZip 1 4338001 Vacant KENAI CITY OF 210 FIDALGO AVE STE 200 KENAI, AK 99611 2 4338002 Vacant KENAI CITY OF 211 FIDALGO AVE STE 200 KENAI, AK 99611 3 4338003 Vacant KENAI CITY OF 212 FIDALGO AVE STE 200 KENAI, AK 99611 4 4338004 Commercial KENAI CITY OF 213 FIDALGO AVE STE 200 KENAI, AK 99611 5 4339052 Vacant KENAI CITY OF 210 FIDALGO AVE STE 200 KENAI, AK 99611 6 4339054 Vacant KENAI CITY OF 212 FIDALGO AVE STE 200 KENAI, AK 99611 7 4705101 Institutional KENAI CITY OF 213 FIDALGO AVE STE 200 KENAI, AK 99611 8 4705102 Commercial SCHILLING ALASKA INC 47 SPUR VIEW DR KENAI, AK 99611 9 4705103 Commercial SCHILLING ALASKA INC 48 SPUR VIEW DR KENAI, AK 99611 10 4705104 Commercial RPM'S RENTAL PROPERTIES LLC 14096 KENAI SPUR HWY KENAI, AK 99611 11 4705105 Commercial RPM'S RENTAL PROPERTIES LLC 14097 KENAI SPUR HWY KENAI, AK 99611 12 4705106 Commercial ZAN INC PO BOX 2009 KENAI, AK 99611 13 4705107 Commercial ZAN INC PO BOX 2009 KENAI, AK 99611 14 4705108 Commercial ZAN INC PO BOX 2009 KENAI, AK 99611 15 4705109 Commercial RPM'S RENTAL PROPERTIES LLC 14096 KENAI SPUR HWY KENAI, AK 99611 16 4705110 Commercial JACARANDA PROPERTIES INC 416 FRONTAGE RD STE 400-A KENAI, AK 99611 17 4705302 Commercial HOLIDAY ALASKA INC PO BOX 1224 MINNEAPOLIS, MN 55440 18 4705324 Vacant SCHILLING MICHAEL 420 N WILLOW ST KENAI, AK 99611 19 4705325 Vacant SCHILLING MICHAEL 420 N WILLOW ST KENAI, AK 99611 20 4705326 Commercial ALASKA INDUSTRIAL HARDWARE INC 2192 VIKING DRIVE ANCHORAGE, AK 99501 21 4705602 Accessory Building KENAI CITY OF 210 FIDALGO AVE STE 200 KENAI, AK 99611 22 4705805 Vacant KENAI CITY OF 211 FIDALGO AVE STE 200 KENAI, AK 99611 23 4705807 Vacant KENAI CITY OF 212 FIDALGO AVE STE 200 KENAI, AK 99611 NOTES: 1. THE PROPOSED FACILITY WILL OCCUPY A PORTION OF A STRUCTURE ON LOT 1-C, KN 83-28, PID 4705106. 2. PER COK P&Z ZONING CODE 14.20.330 (f) (1) & (2) THERE ARE ZERO (0) PRIMARY OR SECONDARY SCHOOLS (K-12) WITHIN 1000 FEET OF PROPOSED FACILITY. THERE ARE ZERO (0) 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,A ND STATE LICENSED SUBSTANCE ABUSE TREATMENT FACILITIES PROVIDING SUBSTANCE ABUSE TREATMENT WITHIN 500 FEET OF THE PORTION OF THE STRUCTURE THAT WILL CONTAIN THE PROPOSED FACILITY . Buffer Map 1 of 3 Page 31 of 68 1 2 3 4 5 REVISIONS REMARKSMM/DD/YY 05A..._ _ /_ _ /_ _ ..._ _ /_ _ /_ _ RMT10 / 23 / 2017 RMT10 /11 / 2017 08 /01 /2017 RMT Cook Inlet Cannabis Co. DBA East Rip Retail License Application / Conditional Use Permit Supplement Parcel ID Existing Landuse Owner Attention Mailing Address CityStateZip 4323017 Commercial KENAI CITY OF                                                         210 FIDALGO AVE STE 200 KENAI, AK 99611 4323019 Commercial SCHILLING RENTALS ALASKA PARTNERSHIP                                                         47 SPUR VIEW DR KENAI, AK 99611 4323020 Commercial SCHILLING RENTALS ALASKA PARTNERSHIP                                                         47 SPUR VIEW DR KENAI, AK 99611 4323031 Commercial KENAI CITY OF                                                         210 FIDALGO AVE STE 200 KENAI, AK 99611 4331001 Vacant ALASKA STATE D N R                                                         550 W 7TH AVE STE 650 ANCHORAGE, AK 99501 4331002 Vacant ALASKA STATE D N R                                                         550 W 7TH AVE STE 650 ANCHORAGE, AK 99501 4331014 Vacant ALASKA STATE D N R                                                         550 W 7TH AVE STE 650 ANCHORAGE, AK 99501 4331015 Institutional ALASKA STATE D N R                                                         550 W 7TH AVE STE 650 ANCHORAGE, AK 99501 4331016 Institutional USPS FACILITIES SERVICE OFFICE ATTN CHERYL HAMILTON 8055 E TUFTS AVE STE 400 DENVER, CO 80237 4331017 Vacant USPS FACILITIES SERVICE OFFICE ATTN CHERYL HAMILTON 8055 E TUFTS AVE STE 400 DENVER, CO 80237 4331028 Vacant USPS FACILITIES SERVICE OFFICE ATTN CHERYL HAMILTON 8055 E TUFTS AVE STE 400 DENVER, CO 80237 4331031 Commercial NELSON WILLIAM J & MELINDA M                                                         37215 KALIFORNSKY BEACH RD KENAI, AK 99611 4331032 Vacant BIDARKA 135 LLC                                                         125 E REDOUBT AVE SOLDOTNA, AK 99669 4331033 Commercial BIDARKA 135 LLC                                                         125 E REDOUBT AVE SOLDOTNA, AK 99669 4331034 Vacant BIDARKA 135 LLC                                                         125 E REDOUBT AVE SOLDOTNA, AK 99669 4331035 Commercial SITENGA GARRET L                                                         4381 E HILL RD HOMER, AK 99603 4331037 Commercial KENAI ELKS LODGE #2425                                                         205 BARNACLE WAY KENAI, AK 99611 4337001 Institutional KENAI CITY OF 210 FIDALGO AVE STE 200 KENAI, AK 99611 4337002 Vacant KENAI CITY OF 211 FIDALGO AVE STE 200 KENAI, AK 99612 4337003 Commercial ALASKA USA FEDERAL CREDIT UNION                                                         PO BOX 196020 ANCHORAGE, AK 99519 4337004 Vacant KENAI CITY OF                                                         210 FIDALGO AVE STE 200 KENAI, AK 99611 4337005 Vacant KENAI CITY OF                                                         210 FIDALGO AVE STE 200 KENAI, AK 99611 4337006 Vacant JOHNSON‐SNOWDER CAROLYN M                                                         2290 ROYAL ST KENAI, AK 99611 4337007 Commercial MCCARTAN RENTALS LLC                                                         10976 KENAI SPUR HWY KENAI, AK 99611 4338001 Vacant KENAI CITY OF                                                         210 FIDALGO AVE STE 200 KENAI, AK 99611 4338002 Vacant KENAI CITY OF                                                         211 FIDALGO AVE STE 200 KENAI, AK 99611 4338003 Vacant KENAI CITY OF                                                         212 FIDALGO AVE STE 200 KENAI, AK 99611 4338004 Commercial KENAI CITY OF                                                         213 FIDALGO AVE STE 200 KENAI, AK 99611 4339006 Vacant KENAI CITY OF                                                         214 FIDALGO AVE STE 200 KENAI, AK 99611 4339007 Vacant KENAI CITY OF                                                         215 FIDALGO AVE STE 200 KENAI, AK 99611 4339034 Commercial KENAI PLAZA/CARRS‐SAFEWAY LLC ATTN ALLAN J NORVILLE 301 RIVERSIDE DR SOLDOTNA, AK 99669 4339035 Commercial SCHILLING RENTALS ALASKA PARTNERSHIP                                                         47 SPUR VIEW DR KENAI, AK 99611 4339042 Commercial COMPTON COMPANY LLC                                                        PO BOX 3743 SOLDOTNA, AK 99669 4339043 Commercial KENAI PLAZA GENERATIONS LLC                                                         301 RIVERSIDE DR SOLDOTNA, AK 99669 4339052 Vacant KENAI CITY OF                                                         210 FIDALGO AVE STE 200 KENAI, AK 99611 4339053 Vacant KENAI CITY OF                                                         210 FIDALGO AVE STE 200 KENAI, AK 99611 4339054 Vacant KENAI CITY OF                                                         210 FIDALGO AVE STE 200 KENAI, AK 99611 4705101 Institutional KENAI CITY OF                                                         210 FIDALGO AVE STE 200 KENAI, AK 99611 4705102 Commercial SCHILLING ALASKA INC                                                         47 SPUR VIEW DR KENAI, AK 99611 4705103 Commercial SCHILLING ALASKA INC                                                         47 SPUR VIEW DR KENAI, AK 99611 4705104 Commercial RPM'S RENTAL PROPERTIES LLC                                                         14096 KENAI SPUR HWY KENAI, AK 99611 4705105 Commercial RPM'S RENTAL PROPERTIES LLC                                                         14096 KENAI SPUR HWY KENAI, AK 99611 1000' BUFFER FROM LOT 1‐C KN 83‐28 Buffer Map 2 of 3 Page 32 of 68 1 2 3 4 5 REVISIONS REMARKSMM/DD/YY 06A..._ _ /_ _ /_ _ ..._ _ /_ _ /_ _ RMT10 / 23 / 2017 RMT10 /11 / 2017 08 /01 /2017 RMT Cook Inlet Cannabis Co. DBA East Rip Retail License Application / Conditional Use Permit Supplement Buffer Map 3 of 3 Page 33 of 68 1 2 3 4 5 REVISIONS REMARKSMM/DD/YY 07A..._ _ /_ _ /_ _ ..._ _ /_ _ /_ _ RMT10 / 23 / 2017 RMT10 /11 / 2017 08 /01 /2017 RMT Cook Inlet Cannabis Co. DBA East Rip Retail License Application / Conditional Use Permit Supplement COK - Comprehensive Plan References 1 of 3 Imagine Kenai 2030 Comprehensive Plan 61 July 2016 Kenai Peninsula Borough Assembly Adopted – January 3, 2017 Page 34 of 68 1 2 3 4 5 REVISIONS REMARKSMM/DD/YY 08A..._ _ /_ _ /_ _ ..._ _ /_ _ /_ _ RMT10 / 23 / 2017 RMT10 /11 / 2017 08 /01 /2017 RMT Cook Inlet Cannabis Co. DBA East Rip Retail License Application / Conditional Use Permit Supplement Imagine Kenai 2030 Comprehensive Plan 59 July 2016 Kenai Peninsula Borough Assembly Adopted – January 3, 2017 Table 16. Land Use Plan Classifications Suburban Residential (SR) Land Use Classification Suburban Residential is intended for single-family and multi-family residential uses that are urban or suburban in character. The area will typically be developed at a higher density; lots are typically smaller; and, public water and sewer services are required or planned. Some developments may be required to construct streets to a paved standard and larger subdivisions may be required to provide sidewalks and public areas. Parks and open space land uses may be considered appropriate. Low Density Residential (LDR) Land Use Classification Low Density Residential because of location or poor site conditions is intended for large-lot single-family low-density residential development. The area will typically be developed with individual on-site water supply and wastewater disposal systems. Streets will typically be constructed to rural street standards (i.e., gravel) and sidewalks will not be typically included in the subdivision design. Rural Residential becomes Low Density Residential to avoid confusion with zoning category. Commercial Land Use Classifications – General Commercial (GC) and Central Commercial (CC) General Commercial is intended for retail, service, and office businesses that serve Kenai and the larger region. General Commercial is appropriate for locations along the arterial road system. General Commercial-type development requires larger parcels of land and access to a major road system. It is also intended to support smaller-scale businesses. Central Commercial is intended for retail, service, and office businesses at a more compact and denser scale; locations are accessible and convenient to both motorists and pedestrians. Central Commercial-type development is particularly desirable in the Townsite Historic District and adjacent core area. Residences may be appropriate among commercial uses in these central areas. Non-commercial uses such as public offices, institutional uses and residences may be appropriate among commercial uses. Central Commercial may also apply at locations that have evolved into new Kenai commercial “centers” that are developed at a small to medium scale. Buffers or buffer zones between commercial uses and adjacent non-commercial uses are desirable. Mixed Use (MU) Land Use Classification Mixed use is intended for a compatible mix of residential, retail, service, office, public, institutional and recreational uses. Uses 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. Use of buffers may desirable. Industrial Land Use Classifications – Industrial (IN) and Airport Industrial (AI) Industrial is intended for a variety of light and heavy industrial uses such as: warehousing, trucking, packaging, distribution, production, manufacturing, processing, marine-related industry and storage, and similar industrial activities. Public water and sewer; utilities; and safe, convenient vehicular access are required or planned. Because uses generate noise, odors and emissions typically at a higher level than other land uses, measures should be taken to minimize conflicts with adjacent non-industrial uses. Buffers between industrial uses and adjacent non-industrial uses are desirable. Airport Industrial is intended to support continued development at the Kenai Municipal Airport. It is intended for those lands reserved for the airport and its future expansion are included in this classification. Residential uses may be considered appropriate provided the residential use is associated with and secondary to the primary industrial use. Imagine Kenai 2030 Comprehensive Plan 69 July 2016 Kenai Peninsula Borough Assembly Adopted – January 3, 2017 5.4 Land Use Classifications 5.4.1 Commercial Land Uses Kenai’s role as a major trade and services center for the Kenai Peninsula generates local investment, employment, and sales tax revenue. Local residents are provided a varied mix of shopping opportunities, however, much of the market base lives outside Kenai city limits. Commercial land uses dominate the corridor along the Kenai Spur Highway, Bridge Access Road, and in the downtown business district or central commercial area (Map 10). As the City of Kenai commercial areas have shifted east and along the major road corridors, some of Kenai’s older business areas are presented with economic challenges. Retail marketing trends, particularly the trend towards big-box retail stores, can displace the sales at existing businesses, which must then downsize/adapt or close. Residents have also expressed a strong desire for increased occupancy and improvements to the appearance of older commercial buildings. The Land Use Plan identifies two types of commercial land uses: (1) General Commercial (GC) and (2) Central Commercial (CC). The General Commercial land uses are typically retail, service, and office businesses that serve Kenai and the larger region. This type of development typically requires larger parcels of land and access to major arterial road systems. Central Commercial land uses are typically retail, service, and office businesses developed at a more compact and denser scale; locations are accessible and convenient to both motorists and pedestrians; and, residences may be appropriate. These uses can be found in the downtown core area, Townsite Historic District, and specific areas of along the Kenai Spur Highway and the mostly undeveloped area adjacent to the Bridge Access Road and the Spur Highway known as Millennium Square (Map 14). COK - Comprehensive Plan References 2 of 3 Page 35 of 68 1 2 3 4 5 REVISIONS REMARKSMM/DD/YY 09A..._ _ /_ _ /_ _ ..._ _ /_ _ /_ _ RMT10 / 23 / 2017 RMT10 /11 / 2017 08 /01 /2017 RMT Cook Inlet Cannabis Co. DBA East Rip Retail License Application / Conditional Use Permit Supplement Imagine Kenai 2030 Comprehensive Plan 70 July 2016 Kenai Peninsula Borough Assembly Adopted – January 3, 2017 Central commercial replaces the former “mixed use” classification where it was applied to the downtown core area. It includes other “centers” with existing commercial uses or the sites are zoned commercial. 5.4.1.1 Millennium Square Millennium Square (Map 11), formerly known as the Daubenspeck Tract, encompasses several irregularly shaped parcels totaling over 21 acres. Millennium Square is the last large city-owned parcel of undeveloped land in the city’s downtown core overlooking the Kenai River. The site provides multiple opportunities for development. Refer to the 2006 KEDS vision and conceptual drawings for detail. 5.4.1.2 Kenai Townsite Historic District The City of Kenai created the Kenai Townsite Historic District in 1993 (Map 15), comprised of 34 properties in the traditional townsite located on the bluff above the Kenai River. COK - Comprehensive Plan References 3 of 3 Page 36 of 68 1 2 3 4 5 REVISIONS REMARKSMM/DD/YY 10A..._ _ /_ _ /_ _ ..._ _ /_ _ /_ _ RMT10 / 23 / 2017 RMT10 /11 / 2017 08 /01 /2017 RMT Cook Inlet Cannabis Co. 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SE VALHALLA LNEAST RICHFIELD D R BW R TC JO HN ISRR R E EA Y S EIRNOBDPHILL I P S DR NO R T H L U PI N E D RSTA NDAR D DRRIC H FIELD DRSHA NE CTWO RTH AM AVERO SS ST RANCE CTWO R T H A M A V E KE N A I T Z E C T D EAG L E R O C K D RSA N D P I PER LN RTHO MPSO N P L SHELL D R SOC K E Y E C I KIN G SALMO N D R RID G EVI EW C T T KI AKI T CH ISIK S TNI GHTHAWKLN LN MIN K C T ESWA L L O W D RCTWMA RTIN C T MUSK R A T W AYNO RTH S TRAW BER R Y R DKENAI S PU R HW YCH IN OO K C TSILVER S A L M O N D R STRAW BE RR Y R D SILVER S A L M O N D R MO C K I N G B I R D acc e s s / w a t e r e a s e m e n t 20 0 6 - 0 1 1 4 3 7 - 0 R E E C E S T BRY S O N A V E ROW is suesee bld g file 66 ' V A C A T E R O W 20 0 9 - 0 0 6 7 5 9 - 0 20 0 9 - 0 0 9 0 5 9 - 0 SE W E R E A S E M E N T 20 0 6 - 0 1 1 4 3 7 - 0 2009 -0 1142 2-0 VA CA TE 5 0' R OW BEAVE R L O O P R O A D C O L E D R CA N D LE LI G H T D R PEAR SO N AV E.Ut i li ty E ase men t201 2-01 209 3-0CO MMER CIA L LO O P BRE E AVEPEY DR K EE ' S TE R N WAY ST A N D A R D C T City of Kenai Zoning April 2017 Zoning Conservation Airport Light Industrial Rural Residential Rural Residential 1 Suburban Residential Suburban Residential 1 Suburban Residential 2 Urban Residential Central Commercial General Commercial Central Mixed Use Limited Commercial Light Industrial Heavy Industrial Recreational Townsite Historic Education The information depicted hereon is for graphic representation only of the best available sources. The City of Kenai assumes no responsibility for errors on this map. Document Path: M:\Maps\Planning\ZoningWallMap_April_2017.mxd Date: 4/12/2017 ® 14.20.125 Central Mixed Use Zone (CMU zone). (a) Intent. The CMU Zone is established to provide a centrally located area in the City for general retail shopping, personal and professional services, entertainment establishments, restaurants and related businesses. The district is also intended to accommodate a mixture of residential and commercial uses. The CMU Zone shall be designed to encourage pedestrian movement throughout the area. Building and other structures within the district should be compatible with one another and the surrounding area. (b) Principal Permitted Uses. As allowed in the Land Use Table. (c) Conditional Uses. As allowed in the Land Use Table and subject to the provisions of this chapter. (d) Accessory Uses. As defined (see definitions in KMC 14.20.320). (e) Home Occupations. Uses as allowed in this chapter. (f) Parking Requirements. As required by this chapter. (g) Development Requirements. (1) No open storage shall be located closer than twenty-five feet (25′) to the adjoining right-of-way of any collector street or main thoroughfare. Any open storage in front or side yard visible from a collector street shall be enclosed with an eight-foot (8′) high commercial grade fence, (2) As set forth in KMC 14.20.250 (b)(4)(B). (h) Landscaping. As required in KMC 14.25. (Ords. 2185-2006, 2245-2007) Zoning Page 37 of 68 1 2 3 4 5 REVISIONS REMARKSMM/DD/YY 11A..._ _ /_ _ /_ _ ..._ _ /_ _ /_ _ RMT10 / 23 / 2017 RMT10 /11 / 2017 08 /01 /2017 RMT Cook Inlet Cannabis Co. DBA East Rip Retail License Application / Conditional Use Permit Supplement Location Reference Photos Page 38 of 68 1 2 3 4 5 REVISIONS REMARKSMM/DD/YY 12A..._ _ /_ _ /_ _ ..._ _ /_ _ /_ _ RMT10 / 23 / 2017 RMT10 /11 / 2017 08 /01 /2017 RMT Cook Inlet Cannabis Co. DBA East Rip Retail License Application / Conditional Use Permit Supplement Parking Plan 10 Designated Parking Spaces Page 39 of 68 1 2 3 4 5 REVISIONS REMARKSMM/DD/YY 13A..._ _ /_ _ /_ _ ..._ _ /_ _ /_ _ RMT10 / 23 / 2017 RMT10 /11 / 2017 08 /01 /2017 RMT Cook Inlet Cannabis Co. DBA East Rip Retail License Application / Conditional Use Permit Supplement Logos Page 40 of 68 1 2 3 4 5 REVISIONS REMARKSMM/DD/YY 14A..._ _ /_ _ /_ _ ..._ _ /_ _ /_ _ RMT10 / 23 / 2017 RMT10 /11 / 2017 08 /01 /2017 RMT Cook Inlet Cannabis Co. DBA East Rip Retail License Application / Conditional Use Permit Supplement Boundary / Proposed Licensed Premises. Floor Plan / Premises 1 of 3 Page 41 of 68 1 2 3 4 5 REVISIONS REMARKSMM/DD/YY 15A..._ _ /_ _ /_ _ ..._ _ /_ _ /_ _ RMT10 / 23 / 2017 RMT10 /11 / 2017 08 /01 /2017 RMT Cook Inlet Cannabis Co. DBA East Rip Retail License Application / Conditional Use Permit Supplement Floor Plan / Premises 2 of 3 283 sq. ft.283 sq. ft. Up DownUp Down36'-0"ATM Non Product Vending Machine Main Entrance ; ID Check upon entry. *RESTRICTED ACCESS TO BASEMENT Non Product Retail Emergency Exit ONLY. No entrance from outside. Signage from inside (STOP EMERGENCY EXIT ONLY) Swing door for employee access to retail floor. LOCKED. EMPLOYEE ACCESS ONLYNon Product RetailPOS Marijuana Dispensing Floor. Locking glass display cases in front. Shelving for deli style in back with locking lower wood cabinets. Fridge on back wall for edibles. Pipes and other accessories in display cases. Locking drawers for Marijuana product storage. Metal Post Scale: 1/8" = 1'-0" Bathroom Break Room Cleaning Supplies Non Cannabis merchandise storage. Employee Lockers Bulletin / Legal Postings Air Filters *Employee Access Only* Marijuana Product Storage WASTE Storage *Restricted Access* 283 sq. ft. Up Down36'-0"ATM Non Product Vending Machine Main Entrance ; ID Check upon entry. *RESTRICTED ACCESS TO BASEMENT Non Product Retail Emergency Exit ONLY. No entrance from outside. Signage from inside (STOP EMERGENCY EXIT ONLY) Swing door for employee access to retail floor. LOCKED. EMPLOYEE ACCESS ONLYNon Product RetailPOS Marijuana Dispensing Floor. Locking glass display cases in front. Shelving for deli style in back with locking lower wood cabinets. Fridge on back wall for edibles. Pipes and other accessories in display cases. Locking drawers for Marijuana product storage. Metal Post Scale: 1/8" = 1'-0" Bathroom Break Room Cleaning Supplies Non Cannabis merchandise storage. Employee Lockers Bulletin / Legal Postings Air Filters *Employee Access Only* Marijuana Product Storage WASTE Storage *Restricted Access* East Rip – Premises Diagram / Rev 3 / 10.23.17 LICENSED PREMISES #13382LICENSED PREMISES #13382 RESTRICTED ACCESS AREARESTRICTED ACCESS AREALICENSED PREMISES #13382 RESTRICTED ACCESS AREAW 8'-0" Page 42 of 68 1 2 3 4 5 REVISIONS REMARKSMM/DD/YY 16A..._ _ /_ _ /_ _ ..._ _ /_ _ /_ _ RMT10 / 23 / 2017 RMT10 /11 / 2017 08 /01 /2017 RMT Cook Inlet Cannabis Co. DBA East Rip Retail License Application / Conditional Use Permit Supplement Floor Plan (BASEMENT) / Premises 3 of 3 Page 43 of 68 1 2 3 4 5 REVISIONS REMARKSMM/DD/YY 17A..._ _ /_ _ /_ _ ..._ _ /_ _ /_ _ RMT10 / 23 / 2017 RMT10 /11 / 2017 08 /01 /2017 RMT Cook Inlet Cannabis Co. DBA East Rip Retail License Application / Conditional Use Permit Supplement Surveillance / Security Plan (Main Floor) SECURITY SYSTEMS & CAMERAS Window / glass sensors on all exterior windows. Door alarms - in/out sensors on all exterior doors. Restricted key access to all marijuana product areas. Restricted access to all security systems & business records. Exterior premises and parking lot monitoring. Motion detection alarm during closed hours. Marijuana Product Storage *Restricted Access* Up DownUp DownNon Product RetailNon Product RetailPOS RESTRICTED ACCESS AREARESTRICTED ACCESS AREA EXTERIOR CAMERAS INTERIOR CAMERAS RESTRICTED ACCESS EXTERIOR CAMERAS INTERIOR CAMERAS RESTRICTED ACCESS Glass Break Sensor WINDOWS Page 44 of 68 1 2 3 4 5 REVISIONS REMARKSMM/DD/YY 18A..._ _ /_ _ /_ _ ..._ _ /_ _ /_ _ RMT10 / 23 / 2017 RMT10 /11 / 2017 08 /01 /2017 RMT Cook Inlet Cannabis Co. DBA East Rip Retail License Application / Conditional Use Permit Supplement Surveillance / Security Plan (Basement) Up UpUpBasement Surveillance Room Cameras / Security Owner Access Only Office Business Records Owner Access Only RESTRICTED ACCESS AREARESTRICTED ACCESS AREA INTERIOR CAMERAS RESTRICTED ACCESS Page 45 of 68 1 2 3 4 5 REVISIONS REMARKSMM/DD/YY 19A..._ _ /_ _ /_ _ ..._ _ /_ _ /_ _ RMT10 / 23 / 2017 RMT10 /11 / 2017 08 /01 /2017 RMT Cook Inlet Cannabis Co. DBA East Rip Retail License Application / Conditional Use Permit Supplement Signage Plan Exterior sings. One on the south facing side and one on the east facing side. Design consistent with the existing property signage. Door signage on front door. East ~RipEast ~Rip Page 46 of 68 1 2 3 4 5 REVISIONS REMARKSMM/DD/YY 20A..._ _ /_ _ /_ _ ..._ _ /_ _ /_ _ RMT10 / 23 / 2017 RMT10 /11 / 2017 08 /01 /2017 RMT Cook Inlet Cannabis Co. DBA East Rip Retail License Application / Conditional Use Permit Supplement Ventilation / AHU Page 47 of 68 1 2 3 4 5 REVISIONS REMARKSMM/DD/YY 21A..._ _ /_ _ /_ _ ..._ _ /_ _ /_ _ RMT10 / 23 / 2017 RMT10 /11 / 2017 08 /01 /2017 RMT Cook Inlet Cannabis Co. DBA East Rip Retail License Application / Conditional Use Permit Supplement Business Plan Business Operation Snapshot Hours of Operation: East Rip will not be open before 9AM and after 11PM on any day. The business intends to be open at least 4 days / week depending on market conditions. The business intends to be open at least 6 hours per day depending on market conditions. East Rip will be closed on Christmas and Easter holidays at a minimum. Employees: East Rip expects to employ 6 full time employees. Key Policies & Procedures Consistent with State of Alaska Regulation: Security, Lighting & Surveillance. Anti Loitering. Employee Code of Conduct and Ethics. Employee qualification & training. Diversion Prevention. Odor Control. Theme / Design Interior and exterior design themes to draw inspiration from the rugged industries on the Kenai peninsula. Including commercial fishing, natural environments, the ocean, and early Cook Inlet exploration. Page 48 of 68 Cook Inlet Cannabis Co. DBA East Rip Atmosphere Control Plan Rev. 11/01/2017 The control of cannabis odors and the overall atmospheric conditions inside the store is achieved utilizing the following systems: DESIGN / SOURCE REMOVAL: The single most important factor in controlling marijuana odors is the proper storage and packaging of the source (Marijuana Flowers / Terpenes). Products are pre-packaged in sealed jars or blister pack bags to ensure odors are minimized. Excess marijuana products are stored in a separate “Marijuana Storage” room so that the higher potential odor area is segregated and filtered. CLEAN AIR INTAKE / HEPA FILTRATION: Fresh “Intake” air enters the store in the basement through a 10” duct. The intake air is pre-filtered with a HEPA filer. Filters are changed out according to manufacturer recommendations or sooner if needed. MECHANICAL VENTILATION / ACTIVE CARBON FILTRATION: Inside air is removed from the store through a 10” mechanical ventilation ducting system that runs inside the drop ceiling. Inside air is passed through Active Carbon filters prior to exiting the building. Carbon filters are changed out according to manufacturer recommendations or sooner if needed. Controllers on the air handling system will ensure that there is always negative pressure inside the building so that air is drawn into the store, instead of being exhausted outside. The mechanical ventilation system will be evaluated by an air handling specialist to ensure proper flow rates and room pressures are achieved in accordance with applicable air quality and building standards for indoor air quality. NEGETIVE ION GENERATION / OZONE GENERATION: Additional odor source treatment and removal will utilize Negative Ion and Ozone generators as needed. The Negative-Ion Generators are small wall mounted electrical units that can be placed throughout the store. Ozone Generators are installed in-line with the ducting and upstream of the outside vent. TEMPERATURE & HUMIDITY: Temperature and humidity controls are vital to the proper storage of marijuana products. Mold and other biological concerns are controlled by keeping the temperature of the space at a temperature around 65F. Temperature reduction will be achieved utilizing small wall mounted AC units throughout the space. Excess humidity will be removed from the space utilizing small wall mounted dehumidifiers. REFERENCE MATERIAL: CICC Conditional Use Supplement 10.23.17 - Page A20 Godish, T. (2004). Air Quality (4th ed.). Lewis. Page 49 of 68 BASEMENT MAIN FLOOR / STREET LEVEL Page 50 of 68 THIS PAGE INTENTIONALLY LEFT BLANK Page 51 of 68 STAFF REPORT To: Planning & Zoning Commission Date: November 8, 2017 Res: PZ2017-35 GENERAL INFORMATION: Applicant: Martina McCaughey 701 Maple Dr. Kenai, AK 99611 Property Owners: Lance W. McCaughey and Martina C. McCaughey 701 Maple Dr. Kenai, AK 99611 Requested Action: Application for a Home Occupation Permit for a Day Care of no more than eight (8) children under the age of twelve (12), including children related to the caregiver. Legal Description: Lot 3, Block O, Woodland Subdivision Part 2 Street Address: 701 Maple Dr. KPB Parcel No.: 043-290-06 Existing Zoning: RS – Suburban Residential Current Land Use: Residential – Single Family Dwelling Land Use Plan: Suburban Residential ANALYSIS: Applicant has submitted an application for a Home Occupation Permit to operate a day care within her residence of no more than eight (8) children under the age of twelve (12), including children related to the caregiver. Applicant states that her days and hours of operation shall be Monday through Friday from 7:00 a.m. until 6:00 p.m. The applicant has submitted a site plan with her application that indicates that there will 2 – 3 parking spaces available in the driveway for children to be dropped off and picked up from the Day Care The proposed Day Care facility has been inspected pursuant to KMC14.20.230(h)(1) and applicant has submitted a copy of said inspection with her Home Occupation Permit application. Kenai Municipal Code 14.20.230 provides that the intent of this chapter to permit Home Occupations that are compatible with other permitted uses and with the residential character of a neighborhood, and that are clearly secondary or incidental to the residential use of the main building. Further, Day Care is specifically set forth in KMC 14.20.230(b)(2) as a permitted use for a Home Occupation. Kenai Municipal Code 14.20.230(d) sets forth the development requirements of a Home Occupation, as follows: Page 52 of 68 (1) Not more than one (1) person outside the family shall be employed in the Home Occupation. Applicant states that she will be the sole employee and that she has no plans to employ other individuals. Staff finds that applicant meets this development requirement. (2) No more than thirty percent (30%) of the gross floor area of all buildings on the lot shall be used for the Home Occupation. Applicant indicates that she plans to use the basement den and downstairs bathroom for the Day Care. According to the Kenai Peninsula Borough assessing records, the applicant’s residence contains 2,472 square feet of gross floor space; thirty percent (30%) of said residence equals approximately 742 square feet. The area designated for the Day Care is in the downstairs and is approximately 598 square feet; therefore, Staff finds that the applicant meets this development requirement. (3) The Home Occupation shall be carried on wholly within the principal building, or other buildings, which are accessory thereto. Any building used for a Home Occupation shall be wholly enclosed. Applicant’s resident will be the only building used for the Day Care. Staff finds that applicant meets this development requirement. RECOMMENDATIONS: Staff has reviewed the application and the development requirements for a Home Occupation Permit and determined that the development requirements have been met by the applicant. It is the recommendation of Staff that the proposed Home Occupation Permit to operate a Day Care within applicant’s residence of no more than eight (8) children under the age of twelve (12), including children related to the caregiver be approved, subject to the following conditions: 1. Applicant must comply with all Federal, State, and local regulations. 2. Pursuant to KMC 14.20.230(h)(1), the premises shall be inspected every other year by the Fire Marshal for the City of Kenai. Failure to comply with the Fire Code (KMC8.05) shall be grounds for the suspension or revocation of the facilities’ home occupation permit. ATTACHMENTS: 1. Resolution No. PZ2017-35 2. Application 3. Site Plan 4. Fire Inspection 5. Business License 6. Map Page 53 of 68 CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ2017-35 HOME OCCUPATION PERMIT A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, GRANTING A REQUEST FOR A HOME OCCUPATION PERMIT TO OPERATE A DAY CARE OF NO MORE THAN EIGHT (8) CHILDREN UNDER THE AGE OF TWELVE (12), INCLUDING CHILDREN RELATED TO THE CAREGIVER AS AUTHORIZED BY KENAI MUNICIPAL CODE 14.20.230, FOR APPLICANT: Martina McCaughey PROPERTY ADDRESS: 701 Maple Drive, Kenai, Alaska 99611 LEGAL DESCRIPTION: Lot Three (3), Block O, Woodland Subdivision Part 2 KENAI PENINSULA BOROUGH PARCEL NO.: 043-290-06 WHEREAS, an application for Home Occupation Permit meeting the requirements of KMC 14.20.230 has been submitted and received on October 23, 2017; and, WHEREAS, the application affects land which is zoned Suburban Residential; and, WHEREAS, Kenai Municipal Code 14.20.230 details the intent and application process for Home Occupations and specifies the development requirements that must be met prior to issuing the Home Occupation Permit, which are as follows: (1) Not more than one (1) person outside the family shall be employed in the Home Occupation. Applicant states that she will be the sole employee and that she has no plans to employ other individuals. (2) No more than thirty percent (30%) of the gross floor area of all buildings on the lot shall be used for the Home Occupation. Applicant indicates that she plans to use the basement den and downstairs bathroom for the Day Care. According to the Kenai Peninsula Borough assessing records, the applicant’s residence contains 2,472 square feet of gross floor space; thirty percent (30%) of said residence equals approximately 742 square feet. The area designated for the Day Care is in the downstairs and is approximately 598 square feet; therefore, the applicant meets this requirement. Page 54 of 68 (3) The Home Occupation shall be carried on wholly within the principal building, or other buildings, which are accessory thereto. Any building used for a Home Occupation shall be wholly enclosed. Applicant’s resident will be the only building used for the Day Care; and WHEREAS, the applicant has demonstrated with plans and other documents that the development requirements of a Home Occupation Permit to operate a Day Care of no more than eight (8) children under the age of twelve (12), including children related to the caregiver have been met. NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA THAT THE APPLICANT HAS DEMONSTRATED THAT THE HOME OCCUPATION PERMIT TO OPERATE A DAY CARE OF NO MORE THAN EIGHT (8) CHILDREN UNDER THE AGE OF TWELVE (12), INCLUDING CHILDREN RELATED TO THE CAREGIVER MEETS THE DEVELOPMENT REQUIREMENTS OF SAID OPERATION AND; THEREFORE, THE COMMISSION DOES AUTHORIZE THE ADMINISTRATIVE OFFICIAL TO ISSUE SAID PERMIT, SUBJECT TO THE FOLLOWING CONDITIONS: 1. Applicant must comply with all Federal, State, and local regulations. 2. Pursuant to KMC 14.20.230(h)(1), the premises shall be inspected every other year by the Fire Marshal for the City of Kenai. Failure to comply with the Fire Code (KMC8.05) shall be grounds for the suspension or revocation of the facilities’ home occupation permit. PASSED BY THE PLANNING AND ZONING COMMISSION THE CITY OF KENAI, ALASKA, this 8th day of November, 2017. Jeff Twait, Chairman ATTEST: ____________________________________ Jamie Heinz, City Clerk Page 55 of 68 Page 56 of 68 Page 57 of 68 Page 58 of 68 Page 59 of 68 Page 60 of 68 Page 61 of 68 Page 62 of 68 Page 63 of 68 WOODLANDCHRISTIAN ADDN. 5 7 4 5 768 9 1 7 3 4 92 8 17 1718 16 6 14-A 13 4 5 8 6 2 1617 11 21 21 3 9 1 76 5 9 3 4 8 21 3 71 16 11 6A 5A 8 16 8 2 20 19 12 13 11 19 15 10 15 3 10 20 12 18 21 18 10 14 17 16 19 15 1312 18 14 15-A 20 19 18 17 (O) (M) (P) (O) (K) (N) (H)616613695694690612689 6107137097081114 1112 70611157047037027011114 7001112 1104 1113 1111 1107 1105 1112 1110 1108 1106 1103 6136126111077713715712 614693692691618697696614693692691690612689 6101079711 1077713710 7097087117107077077067087057067056206187047037047037027017007017001078 1083 1081 620618111811181116 1115 614712711111 6 71071511191116 1115 61411171107 1105 1112 1110 1108 1106 1103 1101 7121079711 1077 1103 1101712711111 6 7107097081114 1112 70611137047037027011114 7001112 1104 1113 1111 1103 6136126111077713710709708711710707707706 7087057067057047037047037027017007017001078 1083 1081 618697696616613695694SYCAMORE STCTALDERE R AVE D MAPLE DRWALNUT AVE LAUREL DROAK AVECYPRESS DRMAPLE DRJUNIPER CT SYCAMORE CI616613695694690612689 6107137097081114 1112 70611157047037027011114 7001112 1104 1113 1111 1107 1105 1112 1110 1108 1106 1103 6136126111077713715712 614693692691618697696614693692691690612689 6101079711 1077713710 7097087117107077077067087057067056206187047037047037027017007017001078 1083 1081 620618111811181116 1115 614712711111 6 71071511191116 1115 61411171107 1105 1112 1110 1108 1106 1103 1101 7121079711 1077 1103 1101712711111 6 7107097081114 1112 70611137047037027011114 7001112 1104 1113 1111 1103 6136126111077713710709708711710707707706 7087057067057047037047037027017007017001078 1083 1081 618697696616613695694. 125 ' Date: 11/2/2017 The information depicted hereon is for graphic representationonly of the best available sources. The City of Kenai assumes no responsibility for errors on this map. 1 inch equals 125 feet Lot 3, Block O, WoodlandSubdivision Part 2 Page 64 of 68 Page 65 of 68 Page 66 of 68 Page 67 of 68 THIS PAGE INTENTIONALLY LEFT BLANK Page 68 of 68 COMMISSION CHAIR REPORT NOVEMBER 8, 2017 REGULAR COMMISSION MEETING REQUESTED SUPPORTING MATERIALS ADDED TO PACKET BY: ADD: 6a Correspondence — Resolution PZ2017-33 — Letter from Dennis D. Linnell Linnell City of Kenai Planning & Zoning Commission 210 Fidalgo Avenue Kenai, Alaska 99611 RE: PZ17-33 Application for Conditional Use Permit to Operate a Retail Marijuana Store Dear Commission Members, I am writing in regards PZ17-33, Application for a Conditional Use Permit to operate a Retail Marijuana Store at 10676 Kenai Spur Highway, Space D. I would like to speak against issuing this Conditional Use Permit. The Planning and Zoning Commission may only approve the Conditional Use if they find 6 standards are satisfied. I believe at least 3 of those standards have not been met. Specifically: #2 The value of the adioining property and neighborhood will not be significantly impaired. I believe the value of the adjoining property and neighborhood will be significantly impaired. As a tenant in the adjacent building, I have had clients comment to be about the opening of the Marijuana Store, and they are concerned. When I discussed this with other adjacent tenants, they expressed similar concerns, and wonder if they will need to move their businesses. The City of Kenai does not want strong, thriving businesses to move out of this central business area, and should therefore deny this conditional use permit. #3 The proposed use is in harmony with the Comprehensive Plan. I was not involved in the development of the 2016 Comprehensive Plan, and 1 am not very familiar with it. However, the very first goal of the Comprehensive Plan is Quality of Life. The vision states, in part, "Kenai is a healthy community that provides for the emotional, physical, economic, and spiritual wellbeing of all of its citizens..." Two important objectives, or operational guidelines, of this goal are Q-1 Ensure that Kenai is a community where people and property are safe, and Q-9 Encourage healthy lifestyles. Opening this marijuana store at this location is not in harmony with the vision and objectives of Goal 1 of the comprehensive plan, and the conditional use permit should be denied. #5 The proposed use will not be harmful to the public safety, health, or welfare. This location is in the central business area adjacent to one of the busiest central intersections in the City of Kenai. It is located approximately 1,000 feet from the City of Kenai Recreation Center/Teen Center and 2,000 feet from the Boys and Girls Club. Both of these locations are gathering places for children and youth. In addition, there are several community parks, the Senior Center, movie theater, post office, library, large retail centers, and fast food restaurants located within X -mile that also attract many children, youth, and families. We want to keep a thriving central community center where everyone feels safe to come. Allowing the opening of a Marijuana Store in this location will not promote the feeling of public safety, health, or welfare in the central business area, and therefore, the conditional use permit should be denied. Opening this Marijuana Store in the center of town will impair the surrounding properties and businesses, it is not in harmony with the Comprehensive Plan, and will be harmful to the public safety, health, and welfare of the area. Simply put, it is not in the best interest of the City of Kenai. I respectfully urge you to do the right thing, and to do what is in the best interest of the City of Kenai ... deny this application for a Conditional Use Permit to operate a Retail Marijuana Store at 10676 Kenai Spur Highway, Space D. Respectfully submitted, Dennis Linnell