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HomeMy WebLinkAboutResolution No. PZ2018-05"Vt1/a3e with a Pas; City with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611-77 ~ Telephone : 907-283-7535 I Fa x: 907-27 3-30 4 lhe&i'fyof, KENAI, ALASKA "V' www.kenai.city , , CITY OF KENAI i PLANNING AND ZONING COMMISSION / RESOLUTION NO. PZ2018-05 II CONDITIONAL USE PERMIT A RESOLUTION OF THE PLANNING AND ZONING COMMISSl6N OF THE CITY OF KENAI GRANTING A REQUEST FOR A CONDITIONAL USE /1PERMIT TO OPERATE AN APPROXIMATELY 984 SQUARE-FOOT MARIJUANA CULT VATION FACILITY, STANDARD, WITHIN AN EXISTING APPROXIMATELY 1,21 6 SQUARE-OOT DETACHED GARAGE. APPLICANT: Janna Karvonen, d/b/a Lone Fox Farms L PROPERTY ADDRESS: 505 Ames Rd . LEGAL DESCRIPTION: A portion of the Northw st one-quarter of the Southwest one-quarter (NW1/4SW1/4), in Section 1, Township 5 Noffh. Range 11 West, Seward Meridian, Kena i Recording District , Third Judicial District, State f Alaska , more particularly described as follows: From a U.S.G.L.O. W.C.M.C. monument f und on the North Bank of Beaver Creek, located North 00 degrees 03' East 368 .3 feet fro the Southwest corner of Section1 ; proceed to the Section line North 00 degrees 03' East 28.1 feet ; thence continue South 89 degrees 57' East 30 feet to Corner No. 1 and the point beginning ; Thence continue South 89 degrees 57' East 208. 7 feet to Corner No . 2; Thence orth 00 degrees 03 ' East 208. 7 feet to Corner No. 3; Thence North 89 degrees 57' West 08. 7 feet to Corner No. 4 on the Southeast right-of-way l ine of Beaver Loop Road ; Thence alo g the East edge of a 30 foot wide roadway, South 00 degrees 208 .7 feet to Corner No . 1 and t point of beginning. KENAI PENINSULA BOROU H PARCEL NO: 049-260-20 WHEREAS , an applicatio meeting the requirements of Section 14.20.150 has been submitted an d received on Janua 22, 2018; and, WHEREAS , the application affects land which is zoned as Rural Residential (RR); and, WHEREAS , a duly advertised public hearing as required by Kenai Mu ni c ipa l Code 14.20.153 was conducted by the Planning and Zoning Commission on March 14, 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 th e Resolution No . PZ2018-05 Conditional Use Permit Page 12 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 Rural Residential (RR), and is therefore subject to the Principal Permitted and Conditional land-uses as shown on KMC 14.22.010 -Land Use Table. Pursuant to KMC 14.20.330(a) a Marijuana Cultivation Facility, Standard, may be established and operated under a Conditional Use Permit within the Rural Residential Zone . The Rural Residential Zone, as outlined in KMC 14.20.080 is intended to provide for low- density residential development in outlying and rural areas in a form , which creates a stable and attractive residential environment. The cultivation area for mature flowering plants is approximately 824 square feet and contains ten (10) planting rows . The area designated for vegetative/immature plants and cloning is approximately 160 square feet. This area will include shelving for the cloning process and a table for the vegetative plants . There are two rooms in the building which are not included in the cultivation area. An area approximately 140 square feet is designated as a trimming and curing room . This area will contain drying tents and a trimming table . Lastly, a room approximately 80 square feet in size will be used for administrative tasks and a decontamination area with lockers and a changing area for employees. The doors entering and ex isting the premises will be steel heavy duty security doors with commercial grade locks . The ex isting garage doors will be locked and walls constructed in the interior of the building to enclose the garage door openings . Pursuant to KMC 14.2 0.330f) prov ides that no port ion 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. In reviewing the submitted application and the City 's Geographic Information System , it does not appear that there are any faci lities , which would require buffering from the proposed CME. Resolution No . PZ2018-05 Conditional Use Permit Page 13 There are currently twenty-eight parcels, within a 500 foot periphery of the parcel leased by the applicants applying for the Conditional Use Permit for a Marijuana Cultivation Facility, Standard. Of these twenty-eight parcels, residences are located on twenty-one parce ls and the rema ini ng seven parcels are vacant at this time. Kenai Municipal Code 14.20.330(i) provides that a Marijuana Cultivation Fac ilty, Standard may be located on lots of forty thousand (40,000) square feet or greater in size . The subject parcel is approximately one (1) acre in size and; therefore, meets the minimum lot size for a Marijuana Cultivation Facility, Standard. The primary access to the subject Commercial Marijuana Establishment (CME) is from Ames Road which is a paved City maintained road. According to the submitted application, the applicants do not intend to construct any signage other than a 1.5 foot x 2 foot sign near the main entrance of the building that will contain the name of business. Therefore, the average person passing by the subject parcel wou ld not be able to identify the CME as being located on the property. Given the above discussion within the con text of the proposed land-use project, it seems reasonable that the proposed Commercial Marijuana Establishment would be consistent with the intent of KMC 14.20.150 and the intent of the Rural Residential Zoning District with respect to the proposed use as a CME. (2) The value of the adjoining property and neighborhood will not be significantly impaired; The proposed development must be in compliance w ith the requ ireme nts of KMC 14 .20.330 -Standards for Commercial Marijuana Establishments . In addition , the proposed development must also be in compliance with Alaska Statue 17.38, an Act to Tax and Regulate the Production, Sale, and Use of marij uana as well as Alaska Administrative Code -Title 3 -Marijuana Control Board -Omnibus licensure requirements and procedures for marijuana establishments. Pursuant to KMC 14.20 .33 0 -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 . 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 mit igate the potential impact to surrounding property owners. In add ition, pursuant to KMC 14 .20.330(e) CME 's may not emit an odor that is detectable by the public from outside the CME. Pursuant to the submitted supplemental application materials, under Odor the applicant has indicated that they will implement an Odor Control Plan . The Odo r Control Plan will consist of a carbon filtration system as well as drawing fresh air from outside. The fans will operate at all times to ensure that any air leaving the facility has been filtered. The fans will be powered by a back up generator in the event of a power outage. Concerning visual impacts and auditory impacts of the proposed CME, pursuant to the submitted application materials , the applicants would have a secure Cu lt ivation Facility . All doors exiting and entering the building shall be heavy du ty steel security doors with commercial grade locks. The existing garage doors wil l be locked and pressure sensors will be installed on garage doors . A wall will be constructed on the ins id e of the building Resolution No . PZ2018-05 Conditional Use Permit Page 14 to enclose the garage door openings . No trespassing signs will be posted around the perimeter of the premises as well as "premises is monitored by cameras 24/7" signs. Access to the proposed CME would only be allowed by those persons who are 21 years of age or older. 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 Comprehens ive Plan as Lo w Density Residential (LOR). The plan defines LOR as "Low Density Residential because of poor site conditions is intended for large-lot single-family 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." There are currently twenty-eight parcels within a 500 foot per iphery of the parcel leased by the applicants app lying for the Conditional Use Permit for a Marijuana Cultivation Facility, Standard. Of these twenty-eight parcels , residences are located on twenty-one parcels and the remaining seven parcels are vacant at th is time. Goal 3 -Land Use of the 2030 Imagine Kenai Comprehensive Plan seeks to discuss land use strategies to implement a forward-looking approach to commun ity 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 stated that they do not plan to enlarge the existing detached garage; however , they will be constructing walls inside the structure to separate the cult ivation areas , trimming and curing room, cloning room, and entry area . Pursuant to KMC 14.20.330(d) the growing, preparation and packaging of all marijuana will be conducted in a fully enclosed secure indoor facility. Thus, there will be no anticipated evidence that surrounding neighbors will view the proposed operation of the CME. Therefore, the proposed development would be in harmony with the 2030 Imagine Kenai Comprehensive Plan. (4) Public services and facilities are adequate to serve the propose use; The subject property is served by a private onsite water well and septic system. Any run off from plants with or without nutrient solution will be drained onto the floor and disposed of by the drain in the concrete floor. The Marijuana Cultivation Facility, Standard, does not contain bathroom facilities. The Landlord and Tenant have agreed that the bathroom and kitchen facilities located in the residence on the property will be available for use by the Tenant and their employees. The applicant plans on hiring four (4) employees. 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, hea lt h, or we lfare; 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 Resolution No. PZ2018-05 Conditional Use Permit Page 15 500 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 ). Given the above discussion and proposed conditions of approval, staff believes that they proposed CME would not have a harmful impact to the public safety, health or welfare, provided that all conditions recommended by staff and the Planning and Zoning Commission are followed . 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 State and local regulations . 2. A building permit will be required for the remodeling of the Commercial Marijuana Establishment as shown on the submitted floor plan. 3. Prior to operation of the Marijuana Cultivation Facility, Standard, the property owner shall submit a copy of an approved Business License issued by the State of Alaska, Department of Commerce , Community and Economic Development. 4. Prior to operation of the Marijuana Cultivation Facility, Standard, the property owner shall submit a copy of the approved and fully executed license for the Marijuana Cultivation Facility, Standard. The applicant shall comply with all regulations as stipulated by the State of Alaska Marijuana Control Board . 5. Other than a 1.5 foot x 2 foot sign near the main entrance of the building that will contain the name of business ; no signs will be placed on the subject parcel or on the subject commercial Marijuana Establishment, which advertise its use on the property . 6. All security lighting for the Commercial Marijuana Establishment shall be downcast and shielded . 7. Pursuant to Kenai Municipal Code Section 14.20.330(e), the Commercial Marijuana Establishment shall not emit an odor that is detectable by the public from outside the Commercial Marijuana Establishment. 8. The Commercial Marijuana Establishment may not increase in square footage without a new or amended Conditional Use Permit. 9. 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 Resolution No . PZ2018-05 Conditional Use Permit Page 16 THE PROPOSED OPERATION OF AN APPROXIMATELY 984 SQUARE-FOOT MARIJUANA CULTIVATION FACILITY . STANDARD. WITHIN AN EXISTING APPROXIMATELY 1. 216 SQUARE-FOOT DETACHED GARAGE 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 14th day of March, 2018. ATTEST: Jeff Twait, Chairperson Jamie Heinz , City Clerk