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HomeMy WebLinkAboutResolution No. PZ2018-03 (Substitute)the&ifJo(, KENAI, AlASKA ~ "Vt1/P.je with a Past City wtlh a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907-283-7535 I Fax: 907-283-3014 www.kenai.city CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ2018-03 (SUBSTITUTE) 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 500 SQUARE-FOOT MARIJUANA CULTIVATION FACILITY, LIMITED , WITHIN AN EXISTING APPROXIMATELY 1,252 SQUARE-FOOT ATIACHED GARAGE. APPLICANT: Jennifer Huffman, d/b/a Grateful Buds LLC PROPERTY ADDRESS : 1817 Sunset Boulevard LEGAL DESCRIPTION: Government Lot 5, Section 26,Township 6 North , Range 12 West KENAI PENINSULA BOROUGH PARCEL NO: 039-010-01 WHEREAS, an application meeting the requirements of Section 14.20 .150 has been submitted and received on January 19, 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 Municipal Code 14.20 .153 was conducted by the Planning and Zoning Commission on February 28, 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 issu ing 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 Rural Residential (RR), and is therefore subj ect 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) and KMC 14.22.010 -Land Use Table -a Marijuana Cultivation Facility, Limited may be established and operated under a Cond itional 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 deve lopment in outlying and rural Resolution No. PZ2018-03 Conditional Use Permit Pag e 12 areas in a form , which creates a stable and attractive residential environment. Pursuant to the submitted floor plan , the Marijuana Cultivation Facility will be divided into two areas. One area will be designated for the cultivation of mature flowering plants and secure storage area . The second area will be for the growth of immature plants. The facility will include secure entry points utilizing commercial grade door locks and deadbolts with internal vestibules and a secure storage room. The secure storage room will be for all marijuana and products. The secured storage room will be reinforced and cl imate controlled ensuring that all marijuana and product is in a secured, locked access area that will prevent degradation, theft, and loss. The exterior perimeter wall, interior separation walls, and dividing walls to restricted access areas will be enhanced with intrusion resistant paneling to enhance prevention of exterior penetration. The existing garage doors will be locked with commercial locks. A permanent wall will be built on the outside of the building to enclose the garage door opening. Kenai Municipal Code 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 voca tio nal schools, colleges and universities, recreation or youth centers, correctiona l 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 th e scho ol, recreation or youth center, or the main public entrance of a church, correctional fac ility, 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 facilities, which would require buffering from the proposed CME. There are currently nine parcels within a 500 foot periphery of the parcel owned by the property owners applying for the Conditional Use Permit for a Marijuana Cultivation Facility, Limited. Of those nine parcels, five of the parcels are vacant and four of the parcels, including the applicant's parcel , contain single family residences . Two of these parcels are outside of the Kenai city limits and are located within the Kenai Peninsula Borough. Kenai Municipal Code 14.2 0.330(i) provides that a Marijuana Cultivation Facility, Limited may be located on any si ze lot in the Rural Residential (RR) zone; therefore, the subject parcel meets the minimum lot size for a Marijuana Cultivation Facility , Limited . Resolution No. PZ2018-03 Conditional Use Permit Pag e 13 Pursuant to the submitted site plan, primary access to the subject Commercial Marijuana Establishment (CME) would be from the existing private driveway off Sunset Boulevard. According to the submitted application , the applicants do not intend to construct any signs or otherwise advertise the subject CME in any way. Therefore, the average person passing by the subject parcel would not be able to identify the CME as being located on the property. Given the above discussion within the context of the proposed land-use project, it seems reasonable that the proposed Commercial Marijuana Estab lishment 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 with the requirements 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 marijuana as well as Alaska Administrat ive Code -Title 3 -Marijuana Control Board -Omnibus licensure requirements and procedures for marijuana establishments. 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. 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 .3 30(e) CME 's may not emit an odor that is detectable by the public from outside the CME . Pursuant to Section 4 of the Operating Plan Supplemental submitted by the applicant to the Alaska Marijuana Control Board, the applicant has indicated that they w ill implement an Odor Control Plan. The Odor Control Plan will consist of carbon filters and use of negative air pressure. The negative pressure produced by the fans drawing suction on a restricted airspace will prevent any orders from escaping to be detected by the pub lic per AAC 306.43(c)(2). Applicant states that the air filtration system will scrub the enti re volume of air in the facility ten (10) times an hour preventing any detectable orders from leaving the premises. Concerning visual impacts and auditory impacts of the proposed CME, pursuant to the submitted application materials, the applicants would have a secure Cultivation Facility. The facility will include secure entry points utilizing commercial grade door locks and deadbolts . The existing garage doors will be locked with commercial locks . A permanent wall will be constructed over the garage door to enclose the open ings . There would be no other proposed exterior modifications to the subject garage. 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 ne ighborhood 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 Low Resolution No . PZ2018-03 Conditional Use Permit Page 14 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 four single family dwellings located off of Sunset Boulevard, including the parcel where the proposed Marijuana Cultivation Facility, Limited is to be located . There has not been any commercial development in this area; however, there are two parcels which front the Kenai Spur Highway and it is reasonable to believe that there may be commercial development on those parcels in the future. Kenai Municipal Code 14.22.010 - Land Use Table provides that the majority of commercial uses in the Rural Residential Zone (RR) require a Conditional Use Permit. At the time of development of these two parcels for a commercial use, it is likely that property owners would be required to make appl ication for a Conditional Use Permit for a commercial use. 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 stated that they do not plan to enlarge the existing attached garage nor make any additional improvements to the structure other than, installing intrusion resistant paneling, enclosing the garage door openings and installing security doors with commercial grade locks and deadbolts. 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 wi ll 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 proposed use; The subject property is served by a private onsite water well and septic system. Water used in the proposed CME will be collected and reused ; therefo re, there would not be any water runoff from the proposed CME. Any wastewater, which is not reused, would be voided into the existing onsite septic system. 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; 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, correctiona l fac ilities , 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 ). Resolution No. PZ2018-03 Conditional Use Permit Page 15 Given the above discussion and proposed conditions of approval, staff believes that the proposed CME would not have a harmful impact to the public safety, health or we lfare, 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 construction of the Commercial Marijuana Establishment as shown on the submitted floor plan. 3. Prior to operation of the Marijuana Cultivation Facility, Limited, 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, Limited, the property owner shall submit a copy of the approved and fully executed license for the Retail Ma rijuana Store and the Marijuana Cultivation Facility, Limited. The applicant shall comply with all regulations as stipulated by the State of Alaska Marijuana Control Board . 5. There are to be no signs 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 shall be downcast and shielded. 7. At no time shall the Commercial Marijuana Establishment be open to the public, nor shall the CME be accessible by the public. 8. 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 outs ide the Commercial Marijuana Establishment. 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 THE PROPOSED OPERATION OF AN APPROXIMATELY 500 SQUARE-FOOT MARIJUANA CULTIVATION FACILITY, LIMITED . WITHIN AN EXISTING APPROXIMATELY 1. 252 SQUARE-FOOT ATTACHED GARAGE MEETS THE CONDITIONS REQUIRED FOR SAID OPERATION AND THEREFORE THE COMMISSION DOES AUTHORIZE THE ADMINISTRATIVE OFFICIAL TO ISSUE THE APPROPRIATE PERMIT. Resolution No. PZ2018-03 Conditional Use Permit Page 16 PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, this 13th day of June, 2018. ATTEST: