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HomeMy WebLinkAboutResolution No. PZ2018-16thui'f)'of KENAI, ALASKA ~ "Vt.1/tl.je with a Pas; City with a Future" 210 Fidalgo Avenue, Kena i, Alaska 99611-7794 Telephone: 907-283-7535 I Fax: 907-283-3014 www.kenai.ci ty CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ2018-16 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 925-SQUARE-FOOT RETAIL MARIJUANA STORE WITHIN AN EXISTING APPROXIMATELY 3,600-SQUARE-FOOT COMMERCIAL BUILDING. APPLICANT: KRC LLC, d/b/a KENAI RIVER CANNABIS PROPERTY ADDRESS : 14429 Kenai Spur Highway LEGAL DESCRIPTION: Lot 4, Block 1, BUSH LANES SUBDIVISION KENAI PENINSULA BOROUGH PARCEL NO : 039-022-40 WHEREAS, an application meeting the requirements of Section 14.20.150 has been submitted and received on May 23, 2018; and , WHEREAS, the application affects land which is zoned as General Commercial; and , WHEREAS , a duly advertised publ ic hearing as required by Kenai Municipal Code 14 .20 .153 was conducted by the Planning and Zoning Commission on June 13, 2018; and, WHEREAS, the applicant has demonstrated with plans and ot her 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 rev iew 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 General Commercial (CG), and is therefore subject to the Principal Permitted and Cond itional land-uses as shown on KMC 14.22 .010 -Land Use Table . Pursuant to Ordinance, 2870-2016 as approved by the Council of the City of Kenai on January 20, 2016, which became effective on February 19, 2016 , a Retail Marijuana Store may be established and operated under a Conditional Use Perm it with in the General Commercial Zone. Resolution No. PZ2018-16 Conditional Use Permit -14429 Kenai Spur Hwy. Page 12 The General Commercial Zone, as outlined in KMC 14.2 0 .1 20 The General Commerc ia l (CG) Zone is established to provide for areas where a broad range of reta il, wholesale , and service establishments is desirable . Uses are regulated to concentrate commercial development to the greatest extent possible and to prevent any uses which would have an adverse effect upon nearby properties. New single-and two (2) fam ily residential uses and other noncommercial 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 be reserved for commercial purposes, and because a commercial zone is not suited to the uses excluded above . As proposed, the Commercial Marijuana Establishment would consist of an approximately 925-square foot Retail Marijuana Store loca ted within an approximately 3600-square foot building. A restroom, mechanical room, and storage area are located in the rear of the building. The remainder of the building will not be used at this time, but could be used for storage of non-marijuana items in the future. Pursuant to the submitted site plan, primary access to the subject Commercial Marijuana Establishment (CME) would be from the Kenai Spur Highway. 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". Designated parking would be on the adjoining lot described as Lot 3, Block 1, Bush Lanes Subdivision . Kenai Municipal Code14.2 0.250 requires six parking spaces . The applicant application (sheet SD-1) indicates that six parking spaces will be provided, including a ADA accessible parking space. Therefore, given the above discussion within the context of the proposed land -use proj ect, it seems reasonable the proposed Commercial Marij uana Establishment would be consistent with the purpose of KMC 14.20.150 and the intent of the General Comme rci al Zoning District given the compliance with staff recommended specific conditions of approval. (2) The value of the adjoining property and neighborhood will not be significantly impaired ; The proposed development must comply with the requ irements of KMC 14.20 .3 30 - 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 Adm inistrative Code -Title 3 - Marijuana Control Board -Omnibus licensure requirements and procedures for marij uana establishments . Pursuant to KMC 14.20.010 -Land Use Table, a Retail Marij uana Store may be established in the General Commercial Zone with a Cond itiona l Use Permit. In add ition , pursuant to KMC 14.20 .330 -Standards for Commercial Marijuana Establishments , Resolution No . PZ2018-16 Conditional Use Permit -14429 Kenai Spur Hwy. Page 13 prov1s1ons 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. Concerning visual and auditory impacts of the proposed CME, pursuant to the KMC 14.20.330 the Retail Marijuana Store would be located within a fully enclosed secure commercial building. The building has two entrances; the primary entrance is located on the East side of the building facing the Kenai Spur Highway. The second entrance is located on the North side of the building and will not be open to the public . There is also an overhead garage door which will be locked at all times. Both entrances and the overhead garage door shall include commercial grade security locks. The building already has security screens on the windows to prevent entry to the building. The applicant states that the security screens will remain on the windows. The facility will be equipped with 24 hour camera surveillance of all customers and employees . Applicant states that exterior lighting will keep the outdoor premises, signs, doors, and windows well lit and allow the exterior surveillance cameras to record individuals up to twenty feet from all entry points into the building . 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 of approval be the requirement that prior to operation of the CME, a copy of the approved appropriate license be furnished to the City of Kenai. Therefore, provided that all conditions recommended by staff and the Planning and Zoning Commission are followed , staff believes that the value of the adjoining property and neighborhood will not be significantly impaired . (3) The proposed use is in harmony with the Comprehensive Plan; The subject parcel is defined in the 2030 Imagine Kenai Comprehensive Plan as Central Commercial. The plan defines CC as "Central Commercial is intended for retail, service, and office businesses at a more compact and denser scale; locations are accessible and convenient to both motorist and pedestrians . Central Commercial-type development is particularly desirable in the Townsite Historic District and adjacent core area ... " Goal 3 -Land Use of the 2030 Imagine Kenai Comprehensive Plan seeks to discuss land use strategies to implement a forward-looking approach to community growth and development. Objective LU -1 states "Establish siting and design standards so that development is in harmony and scale with surrounding uses." The applicants have indicated that they do not plan to enlarge the existing commercial building nor change its Resolution No . PZ2018-16 Conditional Use Permit -14429 Kenai Spur Hwy. Page 14 overall design . The proposed use would be open to the public between the hours of 9 :00 AM to 9:00 PM, Monday through Sunday. The name of the applicant's company is KRC LLC , doing business as Kenai River Cannabis. Therefore, the applicant has proposed to install two signs on the premises. The sign located above the front door of the premises will be refaced . There will be a free standing double sided sign installed on the exiting sign pole in front of the building. A sign permit will be required for the installation of the signs prior to construction of the signs. The surrounding area is a combination of commercial and residential development. The lots fronting the Kenai Spur Highway are comprised of commercial development; namely, a storage yard and Doyle 's Fuel Service. There is a duplex and residential home directly across the Kenai Spur Highway. There are residential homes located behind the commercia l development on Lilac Street. Therefore as proposed, the development would be in harmony with the 2030 Imagine Kenai Comprehensive Plan . (4) Public services and facilities are adequate to serve the propose use ; City water and sewer serve the subject property. City of Kenai police and fire department resources are sufficient to serve the proposed use. (5) The proposed use will not be harmful to the public safety, health. or welfare; The proposed use is to establish and operate a Commercial Marijuana Establishment consisting of Retail Marijuana Store, located within an existing comm ercial building. Pursuant to the submitted application, and KMC 14.20.330(e) the CME would not emit an odor that is detectable by the public . The CME would also requi re the approval and issuance of a Retail Marijuana Store license from the State of Alaska Marijuana Control Board. The license is subject to the provisions found in Alaska Statue 17.38 , an Act to Tax and Regulate the Production , Sale , and Use of marijuana as well as Alaska Administrative Code -Title 3 -Marijuana Control Board -Omnibus licensure requirements and procedures for marijuana establishments . KMC 14.20.330(f) provides that no portion of a CME can be lo cated 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, Resolution No. PZ2018-16 Conditional Use Permit -14429 Kenai Spur Hwy. Page 15 recreation or youth center, or the main public entrance of a church or correctional facility, a substance abuse treatment facility providing substance abuse treatment. With regards to buffer distances as discussed in KMC 14.20.330(f){1 ), the proposed CME would not be located within 1,000 feet of any primary and secondary school (K-12) or within 500 feet of any vocational program, post-secondary school including but not limited to trade, technical, or vocational schools, college and universities. In addition, it would not be within 500 feet of any, recreation or youth centers, correctional facilities, churches, and state licensed substance abuse treatment facilities providing substance abuse treatment. Therefore, the proposed CME meets the buffer requirements of KMC 14.20.330(f)(1 ). Therefore, giving the above discussion and proposed conditions of approval , staff believes that they proposed Commercial Marijuana Establishment, would not have a harmful impact to the public safety, health or welfare . 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 Commercial Marijuana Establishment, 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 Commercial Marijuana Establishment, the applicant shall submit a copy of the approved and fully executed license from the Alaska Alcohol & Marijuana Control Board. The applicant shall comply with all regulations as stipulated by the State of Alaska Marijuana Control Board . 5. 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. 6 . A Sign Permit will be required for the construction of any proposed signage. 7 . The hours of operation shall be from 9 :00 AM to 9 :00 PM , Monday through Sunday. 8 . Pursuant to Kenai Municipal Code Section, 14.20.150(f) the applicant shall submit an Annual Report to the City of Kenai. Resolution No. PZ2018-16 Conditional Use Permit-14429 Kenai Spur Hwy. Page 16 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 t 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. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, this 13th day of June, 2018. ""' ATTEST: