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HomeMy WebLinkAboutResolution No. PZ2017-10theeityof, KENAI, ALASKA ~ "Vt1/P.je wilh a Pas~ City with 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. PZ17-10 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 576-SQUARE-FOOT DETACHED GARAGE. APPLICANT : Kathryn Staskon PROPERTY ADDRESS: 1030 Angler Drive, Kenai, AK 99611 LEGAL DESCRIPTION : Lot 2, James H Cowan Subdivision KENAI PENINSULA BOROUGH PARCEL NO: 04939054 WHEREAS, an application meeting the requirements of Section 14.20.150 has been submitted and received on April 10, 2017; 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 May 24, 2017; and , WHEREAS, the applicant has demonstrated with plans and other documents that the prerequisites of a Conditional Use Permit have been met ; and, WHEREAS, Kenai Municipal Code 14.20 .150 details the intent and application process for conditional uses and specifies the review criteria that must be satisfied prior to issuing the permit, which are the following : (1) The use is consistent with the purpose of this chapter and the purposes and intent of the zoning district. The subject parcel is zoned 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 Ordinance, 2870-2016 as approved by the Council of the City of Kenai on January 20 , 2016, which became effective on February 19, 2016, a Marijuana Cultivation Facility, Limited may be established and operated under a Conditional Use Permit within the Rural Residential Zone . Resolution No . PZ17-10 Conditional Use Permit Page 12 The Rural Residential Zone, as outlined in KMC 14.20.080 is intended to pro vide for lo w - density residential development in outlying and rural area s in a form , which creates a stab le and attractive residential environment. On October 10 , 1997, the City issued Building Perm it Number B-3455 for the subject garage . According to the Building Permit File, the subject garage only had the foundat ion inspected by the Building Official on October 17 , 1997. Pursuant to the Building Permit, Permit Number B-3455 expired 6 months after it was issued due there not being any subsequent inspections. Therefore, the subject garage will need to be inspected by the Building Official prior to operation of the CME and a new Building Permit will need to be issued. Furthermore , when the garage foundation was installed , it was placed on the side property line where it required a setback of 15 feet. Therefore , the subject garage does not meet the setback requirements established in KMC Table 14.24.020 for the Rural Residential Zone . According to the applicants, they recorded a Private Access Easement for Ingress, Egress, and Garage Encroachment (Document Number: 2016 -002955-0 ). The easement allows access to the garage via a residential driv eway, w hich crosses on to the neighbor's property for a distance of 25 feet. However, because the garage was placed on the subject side property line it does not comply with Kenai Municipa l Code and therefore an Encroachment Permit , pursuant to KMC 14.20 .185 will need to be approved prior to operation of the proposed CME. Pursuant to KMC 14 .22 .010 -Land Use Table, a Marijuana Cu ltiva tio n Facility, Limited is allowed as a Conditional Use within the Rural Residen tial Zon ing District. As discussed above, the applicant has applied for a Conditional Use Permit to establish and operate a Marijuana Cultivation Facility , Limited, within an existing app roxim ately 576-square-foot detached garage on the subject parcel. Pursuant to the submitted floor plan, the Marijuana Cultivation Facility would be divided into two areas . On e area would contain floweri ng, growi ng and cultivation area. Marijuana plants would be stacked on shelving w ith in each stage of growth . The second area would consist of area used for drying and trimming the Marijuana buds and then work spaces for packaging and loading . Th e existing garage do or would be removed and framed in with a new wall and the existing man-door would be replaced with a heavy-duty security door. Pursuant to KMC 14.2 0 .33 0(i) an app licant can apply for a Cond itiona l Use Perm it for a CME, Limited on any sized parcel which is zoned Rural Residential provided t hat it meets the appropriate buffer requirements. Pursuant to KMC 14.2 0.330f ) provides that no portio n 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 fa cilities 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 struct ure to the outer boundaries of the school, recreation or y outh center, or th e main public entrance of a church, correctional facility, or a substance abuse treatment facility providing substance ab us e treatment. Resolution No. PZ17-10 Conditional Use Permit Page 13 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. Angler Drive is comprised of a variety of residential and commercial type uses. Uses include; Guide Services, Bed and Breakfasts , Lodges , Private Recreational Vehicle Park, Cabin Rentals and single-family residences . Pursuant to the RR Zone, many of the commercial type uses are governed by Conditional Use Permits . The purpose of the Conditional Use Permit pursuant to KMC 14.20.150 is ... "intended to allow flexibility in the consideration of the impact of the proposed use on surrounding property and the application of controls and safeguards to assure the proposed use will be compatible with the surroundings." Angler Drive is classified by the City of Kenai Public Works Department and the State of Alaska Department of Transportation and Public Facilities as a Local Road. A Local Road is defined as "Roads that provide access to homes , business , and other property." Pursuant to the submitted site plan, primary access to the subject Commercial Marijuana Establishment (CME) would be from Angler Drive , via the existing single-family residential driveway. According to the submitted application, the applicants do not inte nd to construct any signs or otherwise advertise the subject CME in anyway. Therefore , the average person passing by the subject parcel would not be able to identify the CME as being located on the property. Therefore, given the above discussion within the co nte xt of the proposed land-use project, it seems reasonable that the proposed Commercial Marijuana Establishment wo uld be co nsisten t 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, given compliance with staff recommended specific conditions. (2) The value of the adjoining property and neighborhood will not be significantly impaired. The proposed development must 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 .3 8, an Act to Tax and Regulate the Production, Sale, and Use of marijuana as well as Alaska Administrative Code -Title 3 .,... Marijuana Control Board -Omn ibus licensure requirements and procedures for marijuana establishments . Pursuant to KMC 14.20.010 -Land Use Table, a Marijuana Cultivation Fac ili ty, Limited may be established in the Rural Residential Zone with a Conditional Use Permit. In addition, pursuant to KMC 14.20.330 -Standards for Commercial Marijuana Estab lishments, provisions have been put in place to help m itigate impacts to the value of adjoining property and the surrounding neighborhood. Resolution No. PZ17-10 Conditional Use Permit Page 14 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 t o KMC 14 .20 .330(e ) all CME 's shall 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 Odor Control Plan wi ll consist of carbon filters and use of negative air pressure . Pursuant to the submitted application materials, the use of negative air pressure in combination with charcoal filters results in a clean, fresh smell, which neutralizes odors that would be detectable by the public from outside the CME. Concerning visual impacts and auditory impacts of the proposed CME, pursuant to the submitted application materials , the applicants would have a secure Cultivation Faci lity. They propose to remove the existing garage door and frame in the opening using conventional construction. The existing man-door, which is located on the eastern side of the existing detached garage, would be changed to a heavy-duty steel door to prevent unauthorized access. Access to the proposed CME would only be allowed by those persons who are 21 years of age or older. There would be no other proposed exterior modifications to the subject garage. Pursuant to Alaska Statue 17.38 , an Act to Tax and Regulate the Production, Sale, and Use of marijuana as well as Alaska Administrative Code -Title 3 -Marijuana Control Board -Omnibus licensure requirements and procedures for marijuana establishments an appropriate license for a Marijuana Establishment will have to be issued by the State of Alaska Marijuana Control Board. Staff therefore recommends that a condition be added to require that prior to operation of the CME, a copy of the approved appropriate license be furnished to the City of Kenai. 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 Kena i Comprehensive Plan as Low 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." The area of Angler Drive is comprised of both single-fami ly residences and commercial businesses. A large number of the parcels along the river port ion of Angler Drive have been developed with lodges, guide services, and rental cabins, wh ich were built in the 1980's and 1990's and are operated under a Conditional Use Permit. These lodges seek to serve the recreation use of the Kenai River and operate primarily during the summer months. In addition , a number of the lodges contain living quarters or single-fam ily residences, which are occupied by their owners. Resolution No. PZ17-10 Conditional Use Permit Page IS 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 detached garage nor make any additional improvements to the structure other than closing in the garage door opening . 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 th e 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 would be collected and reused; therefo re, there would not be any water runoff from the proposed CME. Any wastewater, which was 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. The proposed use is to establish and operate a Commercial Marijuana Establishment consisting of an approximately an approximately 500-square-foot Marij uana Cultivation Facility, Limited . The proposed CME would be located within an existing approximately 576-square-foot detached garage, located on an approximate ly 1.49-acre parcel. Pursuant to the submitted application, the CME would not emit an odor tha t is detectable by the public from outside the CME pursuant to KMC 14.20 .330(d). The CME would a lso require the approval and issuance of a Limited Marijuana Cultivation Facility licen se 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 Productio n, Sale , and Use of marijuana as well as Alaska Adm inistrative Code -Title 3 -Marijuana Control Board -Omn ibus licensure requirements and procedures for marijuana establishments . 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 facili t ie s, 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 condit ions of approval, staff believes that they proposed Commercial Marijuana Establishment, cons isting of an approximate ly 500-square-foot Marijuana Cultivation Facility, Limited would not ha ve a harmful impact t o the public safety, health or welfare, provided that all conditions recommended by staff and the Planning and Zoning Commission are followed . Resolution No . PZ17-10 Conditional Use Permit Page 16 WHEREAS , any and all specific conditions deemed necessary by the Plann ing 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, screen ing, site development, building design , operation of the use and other s im ilar aspects related to the proposed use, as follows: 1. Further de velopment of the property shall conform to a ll Federal , State , and local regulations. 2. A building permit will be required for the construction of the Commercial Marij uana Establishment as shown on the submitted floor plan and to recogn ize the construction of the existing detached garage. 3. Prior to operation of the Marijuana Cultivation Facility, Lim ited an Encroachment Permit fo r the existing detached garage will need to be reviewed a nd approved by the Planning Commission . 4 . Prior to operation of the Marijuana Culti vation Facility, Limited , the property owne r shall submit a copy of the approved and fully executed license for the Retail Marij uana 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 parce l o r on the subje ct Commercial Marijuana Establishment, which advertise its use on the property. 6 . All security lighting fo r the Commercial Marijuana shall be downcast and sh ie lded . 7. Pursuant to Kenai Municipal Code Section 14.20.330(e ), the Commercial Marij uana Establishment shall not emit an odor that is detectable by the publ ic from o utside th e Commercial Marijuana Establishment. 8. Pursuant to Kenai Municipal Code Section 14 .20 .150(f), the applicant sha ll submit an Annual Report to the City of Kena i. 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 576-SQUARE- FOOT DETACHED GARAGE MEETS THE CONDITIONS REQUIRED FOR SAID OPERATION AND THEREFORE THE COMMISSION DOES AUTHORIZE THE ADM INISTRATIV E OFFICIAL TO ISSUE THE APPROPRIATE PERMIT. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, this 24th day of May, 2017.