HomeMy WebLinkAboutResolution No. PZ2017-40"Villaye with a Past, Gita with a Future
210 Fidalgo Avenue, Kenai, Alaska 99611-7794
Telephone: 907-283-7535 / Fax: 907-283-3014
www.kenai.city
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ2017-40
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 CONSTRUCT AN
APPROXIMATELY 1,656 -SQUARE -FOOT MARIJUANA PRODUCT MANUFACTURING
FACILITY LOCATED ON AN APPROXIMATELY 1 -ACRE PARCEL.
APPLICANT: Buddy Crowder
PROPERTY OWNER: L&J OUTFITTERS, LLC.
PROPERTY ADDRESS: 14927 Kenai Spur Highway, Kenai, AK 99611
LEGAL DESCRIPTION: Lot's 1-5, Block 4, Radar Subdivision, Section 26, T6N, R11W
KENAI PENINSULA BOROUGH PARCEL NO: 039-010-10
WHEREAS, an application meeting the requirements of Section 14.20.150 has been submitted
and received on December 6, 2017; and,
WHEREAS, the application affects land which is zoned as Light Industrial (IL); 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 January 24, 2018; 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 Light Industrial (IL), 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 Marijuana Product
Resolution No. PZ17-33 Conditional Use Permit
Page 12
Manufacturing Facility may be established and operated under a Conditional Use Permit
within the Light Industrial Zone.
The Light Industrial Zone, as outlined in KMC 14.20.130 is established to provide for the
development of industrial and commercial uses which are usually compatible and which are
of a type which has no nuisance effects upon surrounding property, or which may be
controlled to prevent any nuisance effects upon surrounding property. New residential uses
and other uses, except as otherwise provided in this chapter, are not permitted in this zone
as principal uses because it is intended that land classified in this zone for industrial and
commercial purposes, and because the IL zone is not suited to the excluded uses.
Pursuant to the submitted site plan, the applicant proposes to construct the subject CME at
a distance of 89 feet from the front property line along Ninilchik Drive and 34 feet from the
property line fronting along the Kenai Spur Highway. The IL Zone has a setback
requirement of 20 feet from the front property line; therefore, the proposed CME would
meeting the setback requirements of the Light Industrial Zone.
Given the intent of the Light Industrial Zone, which are compatible with the surrounding land
uses a Marijuana Product Manufacturing Facility, would be appropriate within the zone.
The subject parcel is known as Lots 1-5, Block 4, Radar Subdivision and is comprised of five
(5) separate lots. The subject CME would be constructed on one lot with the septic and
water well being constructed on two other additional lots. Pursuant to the 2009 International
Building Code, structure cannot cross a property line nor can a water well or a septic
system. Thus, a subdivision plat would be required to be recorded prior to the construction
of the proposed CME. The applicants submitted a preliminary subdivision plat, which was
approved on December 13, 2017.
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 Ninilchik Drive. Therefore, impacts to the surrounding neighborhood should be minimal,
concerning vehicular access.
Therefore, given the above discussion within the context of the proposed land -use project, it
seems reasonable the proposed Commercial Marijuana Establishment would be consistent
with the intent of KMC 14.20.150 and the intent of the Light Industrial Zoning District with
respect to the proposed use as a CME, given compliance with staff recommended specific
conditions.
(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 —
Resolution No. PZ17-33 Conditional Use Permit
Page 13
Marijuana Control Board — Omnibus licensure requirements and procedures for marijuana
establishments.
Pursuant to KMC 14.20.010 — Land Use Table, a Marijuana Product Manufacturing Facility
may be established in the Light Industrial 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 proposed CME would be located within a fully enclosed secure commercial
building. Chapter 14.25 details the requirements of the submission and approval of a
Landscape Site Plan. KMC 14.25.020 gives the requirements and in part states that a
Landscape Site Plan is required for all commercial development for new construction.
The proposed project requires a building permit and is new construction and therefore
requires the submission of a Landscape Site Plan. 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 "Manufacturing/Industrial, research and laboratories",
which requires One (1) space for every 500 square feet of gross floor area plus three (3) for
patron parking. The subject CME would be approximately 1,656 square feet in size and
therefore six (6) off-street parking spaces would 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.
Resolution No. PZ17-33 Conditional Use Permit
Page 14
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 General
Commercial (GC). The plan defines GC as "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."
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 area is comprised of existing commercial development located along the Kenai Spur
Highway, which fosters a mix of compatible commercial and retail uses. The proposed
Marijuana Product Manufacturing Facility would not be open to the public.
Therefore, as proposed, the developed would be in harmony with the 2030 Imagine Kenai
Comprehensive Plan.
(4) Public services and facilities are adequate to serve the proposed use.
The subject parcel would be served by an onsite water well and septic system. The subject
water and well and septic system will need to be installed by a certified Department of
Environmental Conservation Installer. Prior to operation of the CME, a copy of an approval
letter from DEC will be required. 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 the construction of an approximately 1,656 -square -foot Marijuana Product
Manufacturing Facility.
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 Marijuana Product Manufacturing Facility 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:
Resolution No. PZ17-33 Conditional Use Permit
Page 15
(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 mar#uana 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.
Located within the Kenai Peninsula Economic Development District Building which is
located north of the subject parcel is the Kenai Peninsula Construction Academy and Kenai
Peninsula Driving Instruction Academy. Both of these programs would be considered a
Vocational Program or a Post -Secondary School and would therefore be subject to the 500
buffer distance requirements of KMC 14.20.330(f). In reviewing the submitted site plan and
in speaking with the Kenai Peninsula Economic Development District (KPEDD), both of
these programs take place within the KPEDD building. In measuring the required buffer
distance the KPEDD building is located 483 feet from the property line fronting along the
Kenai Spur Highway. Furthermore, the submitted site plan shows a setback of 34 feet from
this property line, which would make the total distance 517 feet. 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, asfollows:
(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.
Resolution No. PZ17-33 Conditional Use Permit
Page 16
(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 final of the Building Permit, the applicant shall submit a letter from the Department
of Environmental Conservation, which demonstrates approval of the Septic and Water
Well.
(5) Prior to issuance of the Building Permit, the applicant shall submit a copy of the recorded
final subdivision plat of Radar Subdivision 2017 Replat.
(6) Prior to operation of the Marijuana Product Manufacturing Facility, the applicant shall
submit a copy of the approved and fully executed license from the Alaska Alcohol &
Marijuana Control Board. The applicant shall comply with all regulations as stipulated by
the State of Alaska Marijuana Control Board.
(7) A Sign Permit will be required for the construction of any proposed signage.
(8) 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 CONSTRUCTION OF AN APPROXIMATELY 1656 -SQUARE -FOOT MARIJUANA
PRODUCT MANUFACTURING FACILITY 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 241' day of January, 2018.
ATTEST:
O-
Heinz, City Clerk 0 f vg•+s
Je f T it, Chairperson