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/
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(4)1080110801108214710880 10800108191081997106711073310639
107351076741610821108804124151073597106711073310639
41241510767416SP
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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
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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)
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Elevations / Curbside
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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
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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
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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
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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
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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
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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
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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
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Cook Inlet Cannabis Co. DBA East Rip
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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
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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
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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
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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
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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
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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"
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Cook Inlet Cannabis Co. DBA East Rip
Retail License Application / Conditional Use Permit Supplement
Floor Plan (BASEMENT) / Premises 3 of 3
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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
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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
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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
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Retail License Application / Conditional Use Permit Supplement
Ventilation / AHU
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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.
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BASEMENT
MAIN FLOOR / STREET LEVEL
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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:
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(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
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WOODLANDCHRISTIAN
ADDN.
5 7
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768
9
1
7
3
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92
8
17
1718 16
6
14-A
13
4 5 8
6
2
1617
11 21
21
3
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5
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21 3
71
16
11
6A
5A
8
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15 3
10
20
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21
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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
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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