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HomeMy WebLinkAboutOrdinance No. 3025-2018_____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] Sponsored by: Administration CITY OF KENAI ORDINANCE NO. 3025-2018 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KENAI MUNICIPAL CODE SECTION 14.20.330 – STANDARDS FOR COMMERCIAL MARIJUANA ESTABLISHMENTS AND AMENDING KENAI MUNICIPAL CODE SECTION 14.22.010 – LAND USE TABLE, TO PROHIBIT STANDARD MARIJUANA CULTIVATION FACILITIES IN RESIDENTIAL ZONES. WHEREAS, on November 4, 2014, the voters of the State of Alaska passed Ballot Measure No. 2, An Act to Tax and Regulate the Production, Sale, and Use of Marijuana, codified as Alaska Statute 17.38; and, WHEREAS, Alaska Statute 17.38.210 states in part that “a local government may enact ordinances or regulations not in conflict with this chapter or with regulations enacted pursuant to this chapter, governing the time, place, manner and number of marijuana establishment operations”; and, WHEREAS, the City, as a home rule municipality, has the authority to provide responsible Zoning Regulations that protect the public peace, health, safety and welfare; and, WHEREAS, the City has enacted regulations of commercial marijuana establishments through its zoning code and land use table; and, WHEREAS, after numerous public hearings on conditional use permits for commercial marijuana establishments, further review and implementation of the recently enacted regulations and experience with the newly legalized industry, the Planning and Zoning Commission recommends certain amendments to the current regulations; and, WHEREAS, State Statute and Kenai Municipal Code recognize a difference between commercial marijuana cultivation ‘standard’ (over 500 square feet or greater) and limited (less than 500 square feet); and, WHEREAS, current City regulations allow both standard and limited commercial cultivation in residential zones through a conditional use permit as long as other zoning requirements are met; and, WHEREAS, the Planning and Zoning Commission found that standard commercial cultivation may have an unjustifiable impact on residential neighborhoods given the potential business nature of a larger scale cultivation, including numerous employees and increased traffic that is not compatible with residential neighborhoods; and, WHEREAS, on May 9, 2018, the Planning and Zoning Commission passed Resolution PZ2018- 13 recommending the Kenai Zoning Code and Land Use table be amended to prohibit standard marijuana cultivation facilities in residential zones as provided below. Ordinance No. 3025-2018 Page 2 of 10 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1. Amendment of Section 14.20.330 of the Kenai Municipal Code: That Kenai Municipal Code, Section 4.20.330 – Standards for Commercial Marijuana Establishments is hereby amended as follows: 14.20.330 Standards for Commercial Marijuana Establishments. The purpose of this section is to establish general standards for commercial marijuana establishments. (a) Commercial marijuana establishments may be permitted or allowed with a conditional use permit under KMC 14.20.150, as provided in the City of Kenai’s land use table, KMC 14.22.010, and the provisions of this section. (b) Applicants applying for a conditional use permit must include an area map drawn to scale indicating all land uses on other properties within a five hundred (500) foot proximity of the lot upon which the applicant is seeking a conditional use permit. This shall be in addition to the conditional use permit submission requirements in KMC 14.20.150. (c) A public hearing shall be scheduled before the Planning and Zoning Commission to review the conditional use permit application once it has been deemed complete. The public hearing shall be scheduled in accordance with the requirements in KMC 14.20.280, except that notification shall be mailed to all real property owners on record on the Borough Assessor’s records within a five hundred (500) foot periphery of the parcel affected by the proposed action. (d) The preparation, packaging, manufacturing, processing, and storing of all marijuana, marijuana concentrate or marijuana products must be conducted within a fully enclosed, secure indoor facility. The growing and cultivating of marijuana must be conducted within a fully-enclosed, secure indoor facility or greenhouse with view-obscuring rigid walls, a roof and doors, unless a non-rigid greenhouse, or other structure, is specifically approved, in which case the cultivation must be enclosed by a sight obscuring wall or fence at least six (6) feet high. (e) All commercial marijuana establishments shall not emit an odor that is detectable by the public from outside the commercial marijuana establishment. (f) No portion of a parcel upon which any commercial marijuana establishment is located shall be permitted within the following buffer distances: (1) One thousand (1,000) feet of any primary and secondary schools (K-12) and five hundred (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 Ordinance No. 3025-2018 Page 3 of 10 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] church or correctional facility, or a substance abuse treatment facility providing substance abuse treatment. (g) As provided in the Land Use Table, a person or licensee may apply for a conditional use permit to allow for a marijuana cultivation facility, standard, on lots of forty thousand (40,000) square feet or greater in size, and a marijuana cultivation facility, limited, on any size lot. (h) A marijuana cultivation facility, standard, or a marijuana cultivation facility, limited, shall only be allowed on a lot which has an existing structure consistent with a principal permitted use. (i) A marijuana cultivation facility located in an accessory building shall be subject to the setback provisions in KMC 14.24.020, development requirements table. A person or licensee seeking relief from the provisions in the development requirements table may apply for a variance subject to the provisions of KMC 14.20.180. Section 2. Amendment of Section 14.22.010 of the Kenai Municipal Code: That Kenai Municipal Code, Section 4.22.010 – Land Use Table is hereby amended as follows: 14.22.010 Land use table. LAND USE TABLE KEY: P = Principal Permitted Use NOTE: Reference footnotes on following pages for additional restrictions C = Conditional Use S = Secondary Use N = Not Permitted ZONING DISTRICTS LAND USES ALI C RR RR- 1 RS RS- 1 RS- 2 RU CC CG IL IH ED R TSH LC CMU RESIDENTIAL One-Family Dwelling N C18 P P P P P P P21 S1 S2 S2 C22 P P P S1/C21 Two-, Three- Family Dwelling N C18 P P P P P P P21 S1 C C C22 P P P S1/C21 Four-Family Dwelling N C18 P C3, 29 P N N P P21 S1 C C C22 N P C S1/C21 Five-, Six-Family Dwelling N C18 C3 N P N N P P21 S1 C C N N P C S1/C21 Seven- or More Family Dwelling N C18 C3 N C3 N N P P21 S1 C C N N P C S1/C21 Mobile Home Parks6 N N C N C C C C C C C C N C N N C Planned Unit Residential Development7 N C18 C C29 C C C C C C C C N C C C C Ordinance No. 3025-2018 Page 4 of 10 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] Townhouses4 N C18 C3 C3, 29 C3 C3 C3 C3 C C C C C22 C C C C Accessory Building on Parcel Without Main Building or Use (See KMC 14.20.200) N N C C C C C C N N N N N N C N N COMMERCIAL Airport Compatible Uses P N N N N N N N C C C C N N N C C Automotive Sales C N C N N N N C P P P P N N N N P Automotive Service Stations C N C N N N N C P P P P N C N N P Banks C N C N C N N C P P P C N C C C P Business/Consu mer Services C N C N C N N C P P P C N C C C P Commercial Recreation N N C N C N N C P P C C N P C C P Guide Service C N C N C N N C P P P P N P P C P Hotels/Motels C N C N C N N C P P P C N C P C P Lodge C N C N C N N C P P P C N P P C P Marijuana Cultivation Facility, Limited 30 N N C C C C C C N C C C N N N C N Marijuana Cultivation Facility, Standard 30 N N [C] N [C] N [C] N [C] N [C] N [C] N N C C C N N N C N Marijuana Product Manufacturing Facility 30 N N N N N N N N N C C C N N N N N Marijuana Testing Facility 30 N N N N N N N N C C P P N N N C C Professional Offices C N C C29 C N N P P P P P N C P P P Restaurants C N C N C N N C P P P C N C C C P Retail Business C N26 C N C N N C P P P P S24 S24 C C P Retail Marijuana Store 30 N N N N N N N N N C C C N N N C C Ordinance No. 3025-2018 Page 5 of 10 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] Theaters N N C N C N N C P P C C N P C C P Wholesale Business C N C N C N N C C P P P N S24 C C N INDUSTRIAL Airports C P20 C N C N N C C C C C N C N N C Necessary Aviation Facilities P P C C C C C C P P P P C P C P P Automotive Repair P N C N C N N C P P P P N N N N P Gas Manufacturer/Sto rage C9 N N N C N N N N N C9 C9 N N N N N Manufacturing/F abricating/Assem bly P N C N C N N C C P P P N C C N C Mini-Storage Facility C N C N C N N C C P P P N N N C C Storage Yard C N C N C N N C C P P P N N N N C Warehouses C N C N C N N C N P P P N C N N N PUBLIC/ INSTITUTIONAL Assisted Living N C C C C C C C C C C C C C C C C Churches* N C P10 P10 P10 P10 P10 P10 P10 P10 C C P P10 P P P Clinics N C C N C C C C P P P C C C C P P Colleges* N C C C29 C C C C P P C C P C C C P Elementary Schools* N C C C29 C C C C P P C C P C C C P Governmental Buildings P C C C29 C C C C P P P C P C C P P High Schools* N C C C29 C C C C P P C C P C C C P Hospitals* N C C N C C C C P P P C C C C C P Libraries* N C C C29 C C C C12 P P P C P C P C P Museums C C C C29 C C C C P P P C P C P C P Parks and Recreation N P C C29 C C C C P P P P P P P C P MISCELLANEO US Ordinance No. 3025-2018 Page 6 of 10 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] Animal Boarding/Comm ercial Kennel13 C C C N C C N N C C C C N C N C C Assemblies15 (Large: Circuses, Fairs, etc.) P C C N C C C C P15 P15 P15 P15 P15 C P N P15 Bed and Breakfasts N C C C C C C C C C C C N P C C P Cabin Rentals N C C N C N N N P P P C N P P C P Cemeteries P C C N C N N N N C C C N C C N N Communications Towers & Antenna(s), Radio/TV Transmitters/ Cell Sites** 28 C P C N C C C C P P P P P C C C C Crematories/Fun eral Homes N N C N C N N C C C C C N C C C C Day Care Centers12 N C C C29 C C C C P P P C C C C P P Dormitories/Boar ding Houses N C C N C C C P P21 S C P P23 C C C P Essential Services P P P P P P P P P P P P P P P P P Farming/General Agriculture*** N P P N N N N N N N N P N P N N N Fraternal Organizations/ Private Clubs/Social Halls and Union Halls N N C N C C C C P P P C N C P C P Greenhouses/Tr ee Nurseries13 N C C N C C C C P P P C N C C C P Gunsmithing, Taxidermy N N C N C C C C P P P P N C P P P Nursing, Convalescent or Rest Homes N N C N C C C C P P C C C C C C P Parking, Public Lots12 C C C N C C C C C C C C C C C C C Personal Services25 N C C N C C C C P P P P C C P P/C2 7 P Ordinance No. 3025-2018 Page 7 of 10 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] Recreational Vehicle Parks N C C N C N N C C C C C N C C N C Subsurface Extraction of Natural Resources16 C C C C C C C C C C C C N C N N N Surface Extraction of Natural Resources17 C C C N C N N C N C C C N C N N N * See 42 USCA Sec. 2000cc (Religious Land Use and Institutionalized Persons Act of 2000) ** See 42 Telecommunications Act of 1996, Sec. 704(a) *** See, however, the limitations imposed under KMC 3.10.070 Footnotes: 1 Allowed as a secondary use except on the ground floor of the part of the building fronting on collector streets and major highways. Commercial or industrial which falls under the landscaping/site plans requirements of KMC 14.25 shall include any secondary uses in the landscaping and site plans. 2 One (1) single-family residence per parcel, which is part of the main building. 3 Allowed as a conditional use, subject to satisfying the following conditions: a The usable area per dwelling unit shall be the same as that required for dwelling units in the RS zone; b The site square footage in area must be approved by the Commission; c Yards around the site, off-street parking, and other development requirements shall be the same as for principal uses in the RR zone; d Water and sewer facilities shall meet the requirements of all applicable health regulations; e The proposed dwelling group will constitute a residential area of sustained desirability and stability, will be in harmony with the character of the surrounding neighborhood, and will not adversely affect surrounding property values; f The buildings shall be used only for residential purposes and customary accessory uses, such as garages, storage spaces, and recreational and community activities; g There shall be provided, as part of the proposed development, adequate recreation areas to serve the needs of the anticipated population; h The development shall not produce a volume of traffic in excess of the capacity for which the access streets are designed; i The property adjacent to the proposed dwelling group will not be adversely affected. 4 See “Townhouses” section. 5 See “Mobile Homes” section. Ordinance No. 3025-2018 Page 8 of 10 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] 6 Allowed as a conditional use, subject to “Mobile Homes” section and provided that any mobile home park meets the minimum Federal Housing Authority requirements. 7 See “Planned Unit Residential Development” section. 8 Allowed as a conditional use, provided that the proposed location and the characteristics of the site will not destroy the residential character of the neighborhood. 9 Allowed as a conditional use, provided that all applicable safety and fire regulations are met. 10 Provided that no part of any building is located nearer than thirty (30) feet to any adjoining street or property line. 11 Allowed as a conditional use, provided that no part of any building is located nearer than thirty (30) feet to any adjoining street or property line and provided further that the proposed location and characteristics of the use will not adversely affect the commercial development of the zone. 12 Allowed as a conditional use, provided that the following conditions are met: a The proposed location of the use and the size and characteristic of the site will maximize its benefit to the public; b Exits and entrances and off-street parking for the use are located to prevent traffic hazards on public streets. 13 Allowed as a conditional use, provided that setbacks, buffer strips, and other provisions are adequate to assure that the use will not be a nuisance to surrounding properties. The Commission shall specify the conditions necessary to fulfill this requirement. Animal boarding and commercial kennels require a kennel license (see KMC Chapter 3.15). 14 Allowed as a conditional use, provided that no indication of said use is evident from the exterior of the mortuary. 15 Allowed, provided that the following conditions are met: a An uncleared buffer strip of at least thirty (30) feet shall be provided between said use and any adjoining property in a residential zone. b Exits and entrances and off-street parking for the use shall be located to prevent traffic hazards on the public streets. 16 See “Conditional Uses” section. 17 See “Conditional Use Permit for Surface Extraction of Natural Resources” section. 18 Conditional Use allowed only on privately held property: Not allowed on government lands. 19 Reserved. 20 The airport related uses allowed under this entry are aircraft approach and departure zones pursuant to KMC 14.20.070(a), except that for properties contained inside the airport perimeter fence or having access to aircraft movement areas, taxiways or parking aprons, FAA authorized uses are allowed. 21 Developments for use shall be the same as those listed in the “Development Requirements Table” for the RU/TSH zones. Ordinance No. 3025-2018 Page 9 of 10 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] 22 Allowed as a conditional use in conjunction with a permitted use in the ED zone: For example, housing for teachers or students for a school in the zone. 23 Allowed as an accessory use in conjunction with a permitted use in the ED zone: For example, a dormitory used to house students for a school or educational facility. 24 Retail businesses allowed as a secondary use in conjunction with the primary use (e.g., a gift shop or coffee shop within another business). 25 Art studios, barbers, beauticians, tattoo parlors, dressmakers, dry cleaners and self- service laundries, fitness centers, photographic studios, tailors, tanning salons and massage therapists. 26 Food services are allowed on a temporary or seasonal basis of not more than four (4) months per year. 27 Personal services not set forth in the below matrix are conditional uses. Limited Commercial Zone Personal Services- Permitted(P) Conditional Use(C) Art Studios X Barbers X Beauticians X Dressmakers X Dry Cleaners X Fitness Centers X Massage Therapist X Photographic Studios X Self-Service Laundries X Tailors X Tanning Salons X Tattoo Parlors X 28 Communications tower/antenna(s) allowed as a principal permitted (P) use if the applicable conditions set forth in KMC 14.20.255 are met or a conditional use (C) if the applicable conditions set forth in KMC 14.20.255 and 14.20.150 are met. 29 Use allowed only for those parcels that abut the Kenai Spur Highway: The access to any such parcel must be either from: (a) driveway access on the Kenai Spur Highway; or (b) driveway access from a dedicated right-of-way and that driveway access is not more than two hundred seventy-five (275) feet as measured from the constructed centerline of the Kenai Spur Highway to the center of the driveway access as shown on an as-built drawing/survey of the parcel. Ordinance No . 3025-2018 Page 10 of 10 30 See Marijuana Regulations, KMC Section 14.20 .230 -Home Occupations, KMC Section 14.20 .320 -Definitions, KMC Section 14.20.330 -Standards for Commercial Marijuana Establishments. Section 3. Severability: That if any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction , such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered , and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances . The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Section 4. Effective Date: That pursuant to KMC 1.15.0?0(f), this ordinance shall take effect 30 days after enactment. New Text Und erl ined; [DE LETED T EXT B RACKETED] Introduced : June 6, 2018 Enacted: June 20, 2018 Effective: July 20 , 2018 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Paul Ostrander, City Manager FROM: Elizabeth Appleby, City Planner DATE: June 12, 2018 SUBJECT: Ordinance No. 3025-2018 – Prohibiting Standard Marijuana Cultivation Facilities in Residential Zones _____________________________________________________________________ Ordinance No. 3025 – 2018 would prohibit standard marijuana cultivation facilities in residential zones. On May 9, 2018, the Planning and Zoning Commission passed Resolution 2018-13, recommending Kenai Municipal Code (KMC) be amended to prohibit standard marijuana cultivation facilities in residential zones. This resolution was drafted as a result of a work session held by the Planning and Zoning Commission on March 28, 2018. Standard marijuana cultivation facilities contain areas greater than 500 square feet under cultivation. Under the land use table in KMC 14.22.010, standard marijuana cultivation facilities are a conditional use in rural, suburban, and urban residential zones. Ordinance 3025-2018 would amend the land use table to prohibit standard cultivation facilities in all rural residential (RR, RR- 1) zones, suburban residential (RS, RS-1, RS-2), and urban residential (RU) zones. Limited marijuana cultivation facilities with 500 square feet or less under cultivation would remain a conditional use in these residential zones. Standard marijuana cultivation facilities would remain conditional uses within the industrial zones (IL, IH), Limited Commercial Zone (LC), and General Commercial Zone (CG). The Planning and Zoning Commission passed Resolution 2018-13 after reviewing and implementing enacted regulations and conducting public hearings on conditional use permits for marijuana cultivation facilities. The Planning and Zoning Commission found that standard commercial cultivation may have an unjustifiable impact on residential neighborhoods given the potential business nature of a larger scale cultivation of 500 square feet or greater, including numerous employees and increased traffic that is not compatible with residential neighborhoods. Page 2 of 2 Ordinance No. 3025-2018 – Prohibiting Standard Marijuana Cultivation Facilities in Residential Zones The Planning and Zoning Commission received one application for a standard marijuana cultivation facility in a residential zone, for which the permit was denied through failed Resolution No. 2018-05. The applicant did not appeal the decision. There are no other applications for a standard marijuana cultivation facility within a residential zone. Attached to this memorandum are Planning and Zoning Commission Resolution 2018-13, an excerpt of minutes from the May 9, 2018 meeting when Resolution 2018-13 was passed by the Planning and Zoning Commission, and failed Resolution No. 2018-05 for the only standard marijuana cultivation facility conditional use permit application brought before the Planning and Zoning Commission in a residential zone. Thank you for your consideration. CITY OF KENAI PLANNING & ZONING COMMISSION RESOLUTION PZ2018-13 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION RECOMMENDING TO THE COUNCIL OF THE CITY OF KENAI , ALASKA, TO AMEND KENAI MUNICIPAL CODE SECTIONS 14.20.330-Standards For Commercial Marijuana Establishments and 14.20.01 O- land Use Table to Prohibit Standard Marijuana Cultivation Facilities in Residential Zones. WHEREAS, on November 4 , 2014, the voters of the State of Alaska passed Ballot Measure No. 2, An Act to Tax and Regulate the Production , Sale, and Use of Marijuana , codified as Alaska Statute 17.38; and, WHEREAS, Alaska Statute 17.38 .21 0 states in part that "a local government may enact ordinances or regulations not in conflict with this chapter or with regulations enacted pursua nt to this chapter, governing the time, place , manner and number of marijuana establishment operations "; and, WHEREAS, the City, as a home rule municipality, has the authority to provide responsible Zoning Regulations that protect the public peace, hea lt h, safety and welfare ; and , WHEREAS , the City has enacted regulations of commercial marijuana establishments through its zoning code and land use table; and, WHEREAS, after numerous public hearings on conditional use permits for commercial marijuana establishments, further review and implementation of the recently enacted regu lations and experience with the newly legalized industry, the Planning and Zoning Commission recommends certain amendments to the current regulations; and, WHEREAS, State Statute and Kenai Municipal Code recogn ize a difference between commercia l marijuana cultivat ion 'standa rd ' (over 500 square feet or greater) and limited (less than 500 square feet); and, WHEREAS , current City regulations allow both standard and limited commercial cultivation in residentia l zones through a conditional use permit as long as other zoning requirements are met; and, WHEREAS, the Planning and Zoning Commission finds that standard commercial cultivation may have an unjustifiable impact on residential neighborhoods given the potential business nature of a larger scale cultivation, including numerous employees and increased traffic that is not compatible with residential neighborhoods ; and, WHEREAS, the Planning and Zoning Commission recommends the Kenai Zoning Code and Land Use table be amended to prohibit standard marijuana cultivation facilities in residential zones as provided below. Resolution No. 2018-13 Page 2 of 8 NOW, THEREFORE, BE IT RECOMMENDED TO THE COUNCIL OF THE CITY OF KENAI, ALASKA, THAT Section 1. That an Ordinance be enacted to amend Kenai Municipal Code sections 14.20 .330 and 14.22.010 as follows: A. 14.20.330 Standards for Commercial Marijuana Establishments. The purpose of this section is to establish general standards for commercial marijuana establishments. (a) Commercial marijuana establishments may be permitted or allowed with a conditional use permit under KMC 14.20.150, as provided in the City of Kenai 's land use table, KMC 14 .22 .010 , and the provisions of this section. (b) Applicants applying for a conditional use permit must include an area map drawn to scale indicating all land uses on other properties within a five hundred (500) foot proximity of the lot upon which the applicant is seeking a conditional use permit. This shall be in addition to the cond itional use permit submission requ irements in KMC 14.20 .150. (c) A public hearing shall be scheduled before the Planning and Zoning Commission to review the conditional use permit application once it has been deemed comp lete. The public hearing shall be scheduled in accordance with the requirements in KMC 14 .20 .280 , except that notification shall be mai led to all real property owners on record on the Borough Assessor's records with in a five hundred (500) foot periphery of the parcel affected by the proposed action . (d) The preparation, packaging , manufacturing, processing, and storing of all marijuana, marijuana concentrate or marijuana products must be conducted within a fully enclosed, secure indoor facility. The growing and cultivat ing of marijuana must be conducted with in a fully-enclosed, secure indoor facility or greenhouse with view-obscuring rigid walls, a roof and doors, unless a non-rigid greenhouse, or other structure, is specifically approved, in which case the cultivation must be enclosed by a sight obscur ing wall or fence at least six (6) feet high . ( e) A ll commercial marijuana establishments shall no t em it an odor that is detectable by th e public from outside the commercial marijuana establ ishment. (f) No portion of a parcel upon which any commercial marij uana establishment is located shall be permitted within the following buffer distances : (1) One thousand (1 ,000) feet of any primary and secondary schools (K-1 2) and fi ve hundred (500) feet of any vocational programs , post-secondary sc ho ols , 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 measu red as the closest distance from the perimeter of a stand-a lone 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 pub li c entrance of a church or correctional facility , or a substance abuse treatment facility providing substance abuse treatment. Resolution No . 2018-13 Page 3 of 8 (g) As provided in the Land Use Table . a person or licensee m ay apply for a condit io nal use permit to all ow for a marijuana cultivation facility, standard , on lots of forty thousand ( 40,000) square feet or greater in size, and a ma rijuana cultivation facility, lim ited , on any size lot. (h) A marij uana cultivation facility, standard, or a marijuana cultivation faci l ity, limited, shall on ly be allowed on a lot wh ich has a n exist ing structure consistent with a principa l permi tted use . (i) A marij uana cultivation facility located i n an accessory building shall be subject to t he setback provisions in KMC 14.24.020 , development requirements table. A person or licensee seeking rel ief from the provisions in the development requ irements table may apply for a variance subject to t he provisions of KMC 14 .20 .180 . B. 14.22.010 Land use table. KEY: P = Pri ncipal Permitted Use C = Condi ti onal Use S = Secondary Use N = Not Permitted ~ONING DISTRICTS _AND USES ALI c ~ESIDENTIAL )ne-Fami ly Dwell ing N c 1s rwo -, Three-Family Dwelling N c1s =ou r-Fam i ly Dwe ll ing N c1 e =ive -, S ix-Family Dwell i ng N c1 e )even -or More Family Dwelling N c1 e v'lob i le Home Parks 6 N N =>1anned Un it Reside ntial N c1 e )evelopment7 r ow n houses4 N c1 e \ccessory Bu ild i ng on Parcel N N N ithout Main Building or Use (See <MC 14.20 .200 ) :OMMERCIAL \irport Compa ti ble Uses p N \utomotive Sales c N \utomotive Service Stations c N 3anks c N 3usiness/Consumer Services c N RR p p p C3 C3 c c C3 c N c c c c LAND USE TABLE RR-RS 1 p p p p C3· p 29 N p N C3 N c c 29 c C3· C3 29 c c N N N N N N N c N c NOTE: Reference footnotes on following pages for additional restrictions RS-RS-RU cc CG IL 1 2 p p p p 21 5 1 5 2 p p p p 21 51 c N N p p 21 5 1 c N N p p 21 51 c N N p p 21 51 c c c c c c c c c c c c c c 3 C3 C3 c c c c c c N N N N N N c c c N N c p p p N N c p p p N N c p p p N N c p p p IH ED R TSH 5 2 c 22 p p c c 22 p p c c 22 N p c N N p c N N p c N c N c N c c c c2 2 c c N N N c c N N N p N N N p N c N c N c c c N c c LC CMU p s 11c 2 p s 11c2 c s 1;c 2 c s 1;c 2 c s 1;c2 N c c c c c N N c c N p N p c p c p Resolution No . 2018-13 Page 4 of 8 :ommercial Recreation ;uide Service fotels/Motels .odge v'larijuana Cultivation Facility, .imited 30 arijuana Cultivation Facility, Standard 30 v'larijuana Product Manufacturing =acility 30 Jlarijuana Testing Facility 30 'rofessional Offices ~estaurants ~etail Business ~etail Marijuana Store 30 f heaters l\fholesale Business NDUSTRIAL \irports ~ecessary Aviation Facilities \utomotive Repair ;as Manufacturer/Storage Jlanufacturing/Fabricati ng/Assembly JI in i-Storage Facility 3torage Yard !\la rehouses >UBLIC/INSTITUTIONAL \ssisted Living :hurches* :linics :alleges* :1ementary Schools* ;overnmental Buildings ~igh Schools* fospitals* .i braries* Jluseums N N c c N c c N c c N c N N c N N [C]N N N N N N N c N c c N c c N26 c N N N N N c c N c c p 20 c p p c p N c cg N N p N c c N c c N c c N c N c c N c p 10 N c c N c c N c c p c c N c c N c c N c c c c c N c N N c p N c N N c p N c N N c p N c N N c p c c c c c N [C]N [C]~ [C]N [C]N [C]N N N N N N N N N N N N N c c 29 c N N p p N c N N c p N c N N c p N N N N N N N c N N c p N c N N c c N c N N c c c c c c c p N c N N c p N c N N N N N c N N c c N c N N c c N c N N c c N c N N c N c c c c c c p 10 p l O p 10 p 10 p10 p 10 N c c c c p c2e c c c c p c 29 c c c c p c 29 c c c c p c2g c c c c p N c c c c p c 29 c c c c 12 p c 2e c c c c p p c c N p c c p p p p N p p c p p p c N c p c p p p c N p p c p c c c N N N c N 0 c c N N N c N c c c N N N N N c p p N N N c c p p p N c p p p p p c N c c c p p p p s24 s 24 c c p c c c N N N c c p c c N p c c p p p p N s24 c c N c c c N c N N c p p p c p c p p p p p N N N N p N C9 Cg N N N N N p p p N c c N c p p p N N N c c p p p N N N N c p p p N c N N N c c c c c c c c p 10 c c p p 10 p p p p p c c c c p p p c c p c c c p p c c p c c c p p p c p c c p p p c c p c c c p p p c c c c c p p p c p c p c p p p c p c p c p Resolution No. 2018-13 Page 5 of 8 )arks a nd Recreation ll'llSCELLANEOUS \nimal Boa rd i ng/Com mercia I <ennel 13 \ssemblies 15 (Large: Circuses , =airs, etc.) 3ed and Breakfasts ::abin Rentals ::emeteries ::ommunications Towers & \ntenna(s), Radio/TV Transm itters/ ::ell Sites** 28 ::rematories/Funeral Homes )ay Care Centers 12 )ormitories/Boarding Houses :.ssential Services =arming/General Agriculture*** =raternal Organizations/ Private ::lubs/Socia l Halls and Union Halls ;reenhouses/Tree Nurseries 13 ;unsmithing, Taxidermy ~ursing, Convalescent or Rest fomes 'arking, Pub li c Lots 12 'ersonal Services 25 ~ecreational Vehicle Parks 3.ubsurface Extraction of Na t ural ~esources 16 3urface Extraction of Natural ~esources 17 N p c c2 9 c c c c c N c c p c c N c c N c c c c c N c c N c N p c c N c N c p c N c c N N c N c N N c c c29 c c N c c N c c p p p p p p N p p N N N N N c N c c N c c N c c N N c N c c N N c N c c c c c N c c N c c N c c N c c N c N c c c c c c c c c N c N c c p p p p p p p N N c c c c N c N c c p 15 p 15 p 15 p 15 p 15 c p c c c c c c N p c N N p p p c N p p N N N c c c N c c c c p p p p p c c N c c c c c N c c c c p p p c c c c c p p 21 s c p p23 c c p p p p p p p p p N N N N N p N p N c c p p p c N c p c c p p p c N c c c c p p p p N c p c c p p c c c c c c c c c c c c c c c c p p p p c c p N c c c c c N c c c c c c c c N c N N c N c c c N c N .. *See 42 USCA Sec. 2000cc (Rehg 1ous Land Use and lnst1tut1onahzed Persons Act of 2000) **See 42 Telecommunications Act of 1996 , Sec. 704(a) ***See, however, the limitations imposed under KMC 3.10.070 Footnotes: 1 Allowed as a secondary use except on the ground floor of the part of the building fronting on collector streets and major highways. Commercial o r i ndustrial wh ich falls under the landscaping/site plans requirements of KMC 14.25 shall include any secondary uses i n the landscaping and site plans. 2 One (1) single-family residence per parcel, which is part of the main building. 3 Allowed as a conditional use, subject to satisfying the follow i ng conditions : a The usab le area per dwelling unit shall be the same as that required for dwelling un its in the RS zone; c p c c N p 15 c p c p N N c c c c p p c p p p N N c p c p p p c p c c P/C27 p N c N N N N Resolution No . 2018 -1 3 Page 6 of 8 b The site square footage in area must be approved by the Commission; c Yards around the site , off-street park ing, and other development requirements shall be the same as for principal uses in the RR zone ; d Water and sewer facilities shall meet the requirements of all applicable health regulations; e The proposed dwelling group will constitute a residential area of susta ined desirab ility and stab il ity, w il l be in harmony with the character of the surrounding ne ighborhood, and will not adversely affect surrounding property values; f The buildings shall be used only for residential purposes and customary accessory uses, such as garages, storage spaces , and recreational and community activities; g There shall be provided, as part of the proposed deve lopment, adequate recreation areas to serve the needs of the anticipated population; h The development shall not produce a volume of traffic in excess of the capacity for wh ich th e access streets are designed ; i The property adjacent to the proposed dwelling group will not be adversely affected . 4 See "Townhouses" section . 5 See "Mobile Homes" section. 6 Allowed as a conditional use, subject to "Mob ile Homes" section and provided that any mobile home park meets the minimum Federal Housing Authority requirements . 7 See "Planned Unit Residential Development" section. 8 Allowed as a conditiona l use, provided that the proposed location and the characteristics of the site will not destroy the residential character of the neighborhood . 9 Allowed as a conditional use, provided that all applicable safety and fire regulations are met. 10 Provided th at no part of any building is located nearer than thirty (30) feet to any adjoining street or property line. 11 Allowed as a conditional use, provided that no part of any building is located nearer than th irty (30) feet to any adjoining street or property line and provided further that the proposed location and character ist ics of the use will not adversely affect the commercial development of the zone. 12 Allowed as a conditional use, provided that the following conditions are met: a The proposed location of the use and the size and characte ri stic of the s ite will maximize its benefit to the pub li c; b Exits and entrances and off-street parking for the use are located to prevent traffic hazards on public streets . 13 Allowed as a cond itional use, provided that setbacks, buffer str ips , and other provisions are adequate to assure that the use will not be a nuisance to surrounding properties. The Commission shall specify the conditions necessary to fulfill this requirement. Animal boarding and commercial kennels requ ire a kennel license (see KMC Chapter 3.15 ). 14 Allowed as a cond itional use , provided that no ind ication of sa id use is ev ident from the exterior of the mortuary. 15 Allowed, provided that the following conditions are met: a An uncleared buffer strip of at least thirty (30) feet shall be prov ided between sa id use and any ad j oin in g property in a residential zone. b Exits and entrances and off-street parking for the use shall be located to prevent traffic hazards on the public streets . 16 See "Conditiona l Uses " section . 17 See "Conditional Use Permit for Surface Extraction of Natural Resources" section . 18 Conditional Use allowed only on privately held property: Not allowed on government lands. 19 R.eserved. Resolu t io n No . 2018-13 Page 7 of 8 20 T he a ir port re lated uses allowed under th is entry a re aircraft approac h and departure zones pursuan t to KMC 14.20 .070(a), except tha t fo r properties con tained ins ide th e ai rport per imeter fe nce or havi ng access t o aircra f t movement areas, taxiways or parki ng aprons, FAA authorized uses a re a llowed . 2 1 Developments for use sha ll be the same as those li sted in the "Development Requ irements Table" for t he RU/TSH zones . 22 Allowed as a conditional use in conjuncti on with a permitted use in the ED zone: For examp le, housing for teachers or students for a school in the zone . 23 Allowed as an accessory use in conjunction with a permitted use in the ED zone: For example , a dormitory used to house students for a school or educational faci lity . 24 Retai l businesses allowed as a secondary use in conjunc t ion w ith t he primary use (e.g., a g ift shop or coffee shop within another business). 25 Art studios , barbers , beaut icia ns, tattoo pa rl ors , dressmakers, dry cleaners and sel f- service laun d ries, fitness centers , photograph ic stu dios , ta ilors , tan n ing salons and massage th erapists . 26 Food servi ces a re all owed on a temporary or seasonal bas is of no t more than four (4) months per year . 27 Pe rsonal services not set fort h in the below matrix are cond itional uses . Limited Commercial Zone Personal Services-Perm itted(P) Conditional Use(C) Art Studios x Barbers x Beauticians x Dressmakers x Dry Cleaners x Fitness Ce nte rs x Massage Therapist x Photog raphic Studios x Se lf-Service Laundries x Ta ilors x Tanni ng Salons x Tattoo Parlors x 28 Commun ications tower/antenna(s) allowed as a pr incipal permitted (P) use if th e appl icable conditions set forth in KMC 14 .20 .255 are met or a condi tio na l use (C) if the appl icable cond it ions set fort h in KMC 14.20 .255 and 14 .20 .150 are met. 29 Use allowed only for those parcels that abut the Kenai Spur Highway: The access to a ny s uch parcel must be e ithe r from : (a) driveway access on the Kena i Sp u r Hig hway ; or (b ) driveway access from a dedicated right-of-way and that driveway access is not mo re th a n two h und red seventy-five (275) feet as measured from the const ructed center li ne of the Kenai Spur Highway to the cen ter of the driveway access as s hown on a n as-bu ilt d rawi ng /s u rvey of the parce l. 30 See Mar ijuana Regulations , KMC Section 14 .20 .230 -Home Occupations , KMC Sect ion 14 .20 .320 -Defin itions , KMC Section 14 .20 .330 -Standards fo r Commercial Marij uana Establ ishments. Resolution No . 2018-13 Page 8 of 8 Section 2. That a copy of this Resolution be forwarded to the City Council of Kenai upon passage . PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA this9 1 hdayofMay,2018. \ ~~u::iiJ JEF , CHAIRPERSON ATTEST: MOTION PASSED. 6. PUBLIC HEARINGS: a. Resolution PZ2018-13 -A Resolution of the Planning and Zoning Commission recommending the Council of the City of Kenai , Alaska amend Kenai Municipal Code Sections 14.20.330 -Standards for Commercial Marijuana Establishments and 14.20.01 O -Land Use Table to prohibit Standard Marijuana Cultivation Facilities in Residential Zones City Planner Appleby provided an overview of Resolution PZ2018-13 and noted that the development of it was based on the March 28 Planning and Zoning Commission work session . She added that it was a recommendation to City Council by the Commission that the Kenai Zoning Code and Land Use table be amended to prohib it standard marijuana cult ivation facilities in residential zones as detailed in the packet. MOTION : Commissioner Springer MOVED to approve Resolution No. PZ2018-13 and subm it to Council , and Commissioner Askin SECONDED the motion . Chairman Twait opened the floor for public testimony; there being no one wishing to be heard, public comment was closed . VOTE: YEA: Peterson, Fikes, Askin, Greenberg , Twait, Springer NAY : MOTION PASSED. 7. UNFINISHED BUSINESS: None. 8. NEW BUSINESS: a. Discussion and Recommendation -Airport Reserve Land Lease Application for property located at 413 N. Willow Street and 421 N. Willow Street. Kenai , Alaska 99611; further described as Lots 5 and 6, Block 1, FBO Subdivision, submitted by Hilcorp Alaska, LLC , 3800 Centerpoint Drive, Suite 1400, Anchorage, Alaska 99503 City Planner Appleby explained that this is the first lease application under the new lease procedure process and the application was consistent with the Airport Land Use plan , associated Kena i Municipal Codes , FAA Regulations , Grant Assurances , and A irport Operations. Appleby clarified that the recommendation from the Commission would be for City staff to go forth and execute the lease. It was expected Hilcorp would then start the process and vacate the property to construct the new plot. The lease would be 35 years and would commence in fall 2018 . She added that the A irport Commission would be reviewing th is lease app lica ti on tomorrow at their meeting . Planning and Zoning Comm ission Meeting May 9, 2018 Page 3 of 5 "Vt1/tl.je with a Pas; City wilh a Future" 210 Fidalgo Avenue , Kenai , Alaska 99611-77~ Telephone: 907-283-7535 /Fax : 907-283-3J1 4 www.kenai.city / I CITY OF KENAI / PLANNING AND ZONING COMMISSION / RESOLUTION NO. PZ2018-05 / CONDITIONAL USE PERMIT I A RESOLUTION OF THE PLANNING AND ZONING COMMISStON OF THE CITY OF KENAI GRANTING A REQUEST FOR A CONDITIONAL USE; PERMIT TO OPERATE AN APPROXIMATELY 984 SQUARE-FOOT MARIJUANA CjUL TIVATION FACILITY, STANDARD , WITHIN AN EXISTING APPROXIMATELY 1,216 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 No , Range 11 Wes t, Seward Meridian , Kena i Recording District , Third Judicial District, State , f Alaska , more particularly described as follows : From a U.S .G.LO. 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 4(028.1 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 Comer No. 3; Thence North 89 degrees 57' West 08 . 7 feet to Corner No. 4 on the Southeast right-of-way line of Beaver Loop Road ; Thence alo g the East edge of a 30 foot w ide roadway, South 00 degrees 208.7 feet to Corner No . 1 and t point of beg inning . KENAI PENINSULA BOROU H PARCEL NO: 049 -260-20 WHEREAS , an appl icatio meeting the requirements of Section 14.20 .150 has been subm itted and received on Janua 22, 2018; and , WHEREAS , the application affects land which is zoned as Rural Residential (RR); and , WHEREAS . a duly advertised public heari ng as required by Kenai Mun icipa l Code 14.20.153 was conducted by the Planning and Zoning Commission on March 14, 2018 ; and, WHEREAS , the applicant has demonstrated w ith 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 in tent and application process for conditional uses and specifies the review criteria that must be satisfi ed prior to issu ing the Resolution No . PZ2018-05 Conditional Use Permit Page 12 permit, which are the follow ing : (1) The use is consistent with the purpose of this chapter and the purposes and i ntent of the zoning district; The subject parcel is zoned Rural Residential (RR), and is therefore subject to the Pri ncipal 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 flower ing plants is approximately 824 square feet and conta ins 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 conta in 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 w ith lockers and a changing area for employees. The doors entering and existing the premises will be steel heavy duty security doors with commercial grade locks. The existing garage doors will be locked and walls constructed in the interior of the building to enclose the garage door open ings. Pursuant to KMC 14.20 .330f) 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 faciHties 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 pubHc 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 facilities , which would requ ire buffering from the proposed CME. Resolution No . PZ2018-0 5 Conditional Use Permit Page 13 There are currently twenty-eight parcels, within a 500 foot periphery of the parce l 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 parcels and the rema ining seven parcels are vacant at this time. Kenai Municipal Code 14.20.330(i) provides that a Marijuana Cultivation Facilty, 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 ma intained 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 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 Marij uana 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 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 Administrative 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 va l ue of adjoining property and the surrounding neighborhood. As reviewed by staff, the proposed CME would be contained with in 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) CME's may not emit an odor that is detectab le by the public from outside the CME. Pursuant to the submitted supplemental application materials, under Odor the appl icant has indicated that they will implement an Odor Control Plan . The Odor 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 leav ing the facil ity has been filtered. The fans will be powered by a back up generator in the event of a power outage. Concerning visual impacts and aud itory impacts of the proposed CME, pursuant to the submitted application materials, the applicants would have a secure Cultivation Facility. All doors exiting and entering the building shall be heavy duty steel security doors with commercial grade locks. The existing garage doors will be locked and pressure sensors will be installed on garage doors . A wall will be constructed on the inside 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 Comprehensive Plan as Low Density Res idential (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 typ ically 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 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 parcels and the remaining seven parcels are vacant at this time. Goal 3 -Land Use of the 2030 Imagine Kena i 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 detached garage; however, they will be constructing walls inside the structure to separate the cultivation 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 fac ility. 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, health, or welfare; With rega rds 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 l 5 500 feet of any vocational program , post-secondary school includ ing but not lim ited to trade, technical , or vocational schools, college and universities. In addition , it wou ld not be within 500 feet of any, recreation or youth centers , correctional facilities, churches , and state licensed substance abuse treatment facil ities provid ing substance abuse treatment. T herefore, the proposed CME meets t he buffer requi rements of K MC 14.20 .330(f)(1 ). Given the above discussion and proposed conditions of approval. staff believes that they proposed CME wou ld not have a harmful impact to the public safety , health or welfa re, provided that all conditions recommended by staff and the Planning and Zon ing Commiss ion are followed . WHEREAS, any and all specific conditions deemed necessary by t he Planning and Zoning Com m ission to f ulfi ll the conditions as set forth b elow shall be m et by the applicant. T hese may include, b ut are not li mited to measures relative to access, screen i ng , site developm e nt, buildi ng design , operation of the use and oth er si m ilar aspects rela ted to the proposed use, as follows: 1. Further deve lopment of the property shall confo rm to all State and local regulations . 2 . A build ing 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 Marij uana Cu ltiva t ion 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 Econom ic 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 Ma rijuana Cultivation Facility, Standard. The applicant shall comp ly with all regulations as stipulated by the State of Alaska Marij uana Control Board. 5. Other t han a 1.5 foot x 2 foot sign near the main entrance of the bu ilding that will contain the name of business ; no signs will be placed on the subject parcel or on the subject commercial Marijuana Estab lishment , which advertise its use on the property . 6. All security lighting for the Commercia l Marijuana Establishment shall be downcast and sh ielded. 7. Pursuant to Kenai Mu nicipal Code Section 14.20.330(e), the Commercial Marij uana Establishment shall not emit an odor that is detectable by the public from outside the Commercial Marijuana Establishment. 8 . The Comme rcial Marijuana Establishment may not increase in square footage without a new or amended Conditional Use Pe rmit. 9. Pu rsuant to Kenai Municipal Code Section 14.20.1 SO(f), the applicant shall submit an Annual Report to the City of Kenai . NOW , THEREFORE , BE IT RESO LVED , BY THE PLANNING AND ZONING COMM ISSION OF THE CITY OF KENAI , A LASKA THAT THE A PPLICANT HAS DEMONSTRATED THAT Resolution No . PZ2018-05 Cond itional Use Perm it Page 16 THE PROPOSED OPERATION OF AN APPROX IMATELY 984 SQ U ARE-FOOT MARIJUANA CULTIVATION FACILI TY . STANDARD. WITHIN AN EXISTING APPROXIMATELY 1, 216 SQUARE-FOOT DETAC HED GARAGE MEETS THE CONDIT IONS REQ UIRED FO R SAID OPERATION AND THEREFORE THE COMMISSION DOES AUTHORIZE THE ADM INISTRATIVE OFFIC IAL TO ISSUE THE APPROPR IATE PERMIT. PASSED BY THE PLAN NING AND ZON ING COMMISSION OF THE CI TY OF KENAI , ALASKA, t h is 14th day of March, 20 18. ATIEST: Jeff Twait , Chairperson Jamie Heinz . City Clerk