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HomeMy WebLinkAboutResolution No. PZ2017-33 (Amended)"Vt1/P.je with a Pas~ City with a Future" 210 Fidalgo Avenue , Kenai , Alaska 99611-7794 Telephone: 907-283-7535 I Fa x: 907-283-3014 www.kenai.city CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ2017-33 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 1,396-SQUARE-FOOT RETAIL MARIJUANA STORE WITHIN AN EXISTING APPROXIMATELY 10,560-SQUARE-FOOT COMMERCIAL BUILDING ; CONSISTING OF AN APPROXIMATELY 300-SQUARE-FOOT RETAIL AREA, MARIJUANA PRODUCT STORAGE AREA AND AN APPROXIMATELY 1,300 -SQUARE-FOOT NON- MARIJUANA STORAGE BASEMENT. APPLICANT : Ryan Tunseth PROPERTY ADDRESS: 10767 Kenai Spur Highway, Unit D, Kenai , AK 99611 LEGAL DESCRIPTION: Lot 1-C , Spur Subdivision No. 2, Section 31 , T5N , R11W KENAI PENINSULA BOROUGH PARCEL NO : 047-051-06 WHEREAS , an application meeting the requirements of Section 14.2 0.150 has been submitted and received on September 27 , 2017; and, WHEREAS , the application affects land which is zoned as Centra l Mix ed Use (CMU); and , WHEREAS , a duly advertised public hearing as required by Ken a i Municipal Code 14.20 .1 53 was conducted by the Planning and Zoning Commission on No vember 8, 2017; and , WHEREAS, the applicant has demonstrated wi th 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 inten t and application process for conditional uses and specifies the re view 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 Central Mixed Use (CM U), 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 Kena i Resolution No. PZ17-33 Conditional Use Permit P a g e 12 on January 20, 2016, which became effective on February 19, 2016 , a Reta il Marijuana Store may be established and operated under a Conditional Use Permit within the Central Mixed Use Zone. The Central Mixed Use Zone, as outlined in KMC 14.20.125 is established to provide a centrally located area in the City for general retail shopping , personal and professional services, entertainment establishments, restaurants and related businesses. Th e district is also intended to accommodate a mixture of residential and commercial uses. The CMU Zone shall be designed to encourage pedestrian move ment throughout the area. Building and other structures within the district should be compatible with one another and the surrounding area. The subject commercial building was constructed in 1997 and contains four tenant spaces. Th e subject tenant spaces range in size from approximately 956 square feet to 1,496 square feet. Furthermore , the subject building contains a basement which is located beneath the proposed CME and the space next door located to the west. The existing commercial building contains a retail-clothing store, accounting and tax office and a dentist office . The subject commercial building also contains a separate 1-bedroom apartment space , w hich is located above the proposed CME. As proposed , the Commercial Marijuana Establishment would consist of an approximately 1,396-square-foot Retail Marijuana Store located within a leased tenant space. The proposed Retail Marijuana Store would contain an approximately 300-square-foot retail area, a marijuana product storage area and an approximately 1,300-square-foot non- marijuana storage area located in the basement. The Kenai Spur Highway is classified by the State of Alaska Department of Transportation and Publi c Facilities as a Major Collector. A co llector 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 veh ic les 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". Pursuant to the submitted site plan, primary access to the subject Commercia l Marijuana Establishment (CME) would be from the Kenai Spur Highway or from Frontage Road. Designated parking wou ld be located to th e south of the proposed CME with in the existing parking lot. Th e parking area would consist of 10 spaces there are striped and specific to the proposed CME. Therefore, given the abo ve discussion within the context of the proposed land-use project, it seems reasonable the proposed Commercia l Marij uana Establishment wo uld be consistent with the p urpose of KMC 14.20.150 and the intent of the Centra l Mixed Use Zoning District given the c ompliance with staff recommended specific co nditions of approval. (2) Th e value of the adjoining property and neighborhood will not be significan tl y impaired . The proposed deve lopment must comp ly with the req ui rem ents of KMC 14.2 0 .3 30 - Standards for Commercial Marijuana Establishments. In addit ion, the proposed development must also comp ly with Alaska Statue 17.38, an Act to Ta x and Regulate the Resolution No. PZ17-33 Conditiona l Use Permit Page 13 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 14.20.010 -Land Use Table, a Retail Marijuana Store may be established in the Central Mixed Use Zone with a Conditional Use Permit. In addition , pursuant to KMC 14.20.330 -Standards for Commercial Marijuana Establishments, provisions have been put in place to help m itigate 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 wou ld comply with the requirements contained within KMC 14.20 .3 30. As reviewed by staff, the proposed CM E 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. Pursuant to the submitted supplemental application materials, the applicant has indicated that they will implement an Odor Control Plan. The Odor Control Plan will consist of a clean air intake and HEPA filtration. Furtherm ore, the applicant has indicated that they will use mechanical ventilation, active carbon filtration and use of negative air pressure to further control odors. Furthermore , the applicant has indicated that marijuana products will be pre-packaged in sealed jar or blister packs to ensure that odors are minimized . The applicant has indicated in their Odor Control Plan that excess marijuana products would be stored in a separate restricted access room to ensure that higher potential odor area is seg regated and filtered . Thus , according to the Odor Control Plan, the proposed CME would not generate any odors, which would be detectable by the pub li c. Concerning visua l and auditory impacts of the proposed CME, pursuant to the KMC 14.2 0.330 the Retail Marijuana Store would be located within a fully enclosed secure commercial building. The subject tenant space contains two entrances, one, which is located on the east side of the space, and one, which is located on the south side of the space. The applicant has indicated that they will be using the entrance located on the south side of the space. Thus , access will be controlled through one door. KMC Chapter 14.25 details the requirements of the submission and approval of a Landscape Site Plan . KMC 14 .2 5.020 gives the requirements and in part, states that a Landscape Site Plan is required for all comme rcial development, which requires a change of use under KMC 14.2 0.250(a). The proposed project requires a change of use under KMC 14.2 0.250(a) -Off-street parking and loading requirements and therefore requires the submission of a Landscape Site Plan becau se the proposed use of the building is a change of use . A Landscape Site Plan will be required to be approved by the Planning Department prior to issuance of the Building Permit. Th e Land scape Site Plan will need to demonstrate compliance with the off-street parking requirements in KMC 14.20 .250(8) for a "Store s : Retail and wholesale of non-bulky items", which requires One (1) space for every 300 square feet of gross floor area. Therefore, five (5) off-street parking spaces will be required . Resolution No. PZ17-33 Condit ional Use Permit Page 14 Pursuant to Alaska Statue 17.38, an Act to Ta x and Regulate the Producti on, Sa le , and Use of marijuana as well as Alaska Administrative Code -T itle 3 -Marijuana Contro l Board -Omnibus licensure requirements and procedures for marijuana establishments an appropriate license for a Marijuana Establ ishment will ha ve to be issued by th e State of Alaska Marijuana Control Board . Staff therefore recommends th at a co ndi ti o n be added to require that prior to operation of the CME , a cop y of the approved appropriate li ce nse 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 adjoin ing 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 Compre hensive Plan as Central Commercial (CC). The plan defines CC as "Central Commercial is intended for retail, service, and office businesses at a more compact and denser scale; locations are access ible 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 Kena i Comprehens ive 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 app licants ha ve indicated that they do not plan to enlarge the existing commercia l building nor change its o verall design. The proposed use w ould be open to the pub li c be tw ee n the hou rs of 9:00 AM and 11 :00 PM on any day . The name of the app licants compan y is Cook Inlet Cannabis Company, doing business as East Rip . Therefore , the app licant has proposed t o install two signs on the existing building . The subject commercial building conta in s an existing sign face, which is located above the space that the applicant proposes to lease . The area is comprised of existing commercial development located along the Kenai Spu r Highwa y and Frontage Road . Therefore as proposed , t he development w ou ld be in harmony with the 2030 Imagine Kenai Comprehensive Plan. (4) Public services and facilities are adequate to serve the proposed use . City water and sewer serve the subject property. City of Kenai police and fire department resourc es are sufficient to serve the proposed use . (5 ) The proposed use w ill not be harmful to the public safety, hea lth o r welfa re. The proposed use is to establish and operate a Commercial Marijuana Estab lish men t consisting of Retail Marijuana Store , located within an existing commercia l buildin g. Pursuant to the submitted application, and KMC 14.20.330(e) the CME would not em it an odor that is detectable by the pub lic. The CME would also require the app rov al a nd issuance of a Retail Marijuana Store license from the State of Alaska Marijuana Co ntrol Board . The license is subj ect to the provis ions found in A las ka Statue 17.38 , an A ct to Ta x and Regulate the Production , Sale , and Use of marijuana as well as A laska Adm in istrat ive Resolution No. PZ17-33 Conditional Use Permit P a g e IS 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 located within the following buffer distances: (1) 1,000 feet of any primary and secondary schools (K-12) and 500 feet of any vo cational 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, corre ctional 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 fa cility 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 includ ing 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 ; and, 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 federal regulations related to building codes and accessibility and all state and local regulations. 2. A building permit will be required for the construction of the Commercial Marijuana Establishment as shown on the submitted floor plan. 3. Prior to issuance of the Building Permit, the applicant shall submit a Landscape Site Plan for review and approval by Planning Administration. The Landscape Site Plan shall demonstrate compliance with Kenai Municipal Code Chapter 14.25 -Landscap ing /Site Plan Regulations. Resolution No . PZ17-33 Conditional Use Permit Page 16 4. Prior to operation of the Retail Marijuana Store , 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. A Sign Permit will be required for the construction of any proposed signage. 6. Pursuant to Kenai Municipal Code Section, 14.20 .150(f) the applicant shall submit an Annual Report to the City of Kenai. NOW, THEREFORE , BE IT RESOLVED, BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA THAT THE APPLICANT HAS DEMONSTRATED THAT THE OPERATION OF AN APPROXIMATELY 1.396-SQUARE-FOOT RETAIL MARIJUANA STORE WITHIN AN EXISTING APPROXIMATELY 10.560-SQUARE-FOOT COMMERCIAL BUILDING; CONSISTING OF AN APPROXIMATELY 300-SQUARE-FOOT RETAIL AREA. MARIJUANA PRODUCT STORAGE AREA AND AN APPROXIMATELY 1,300-SQUARE-FOOT NON -MARIJUANA STORAGE BASEMENT 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 December, 2017. AMENDED BY THE BOARD OF ADJUSTMENT OF THE CITY OF KENAI, this 81h day of March, 2018. g· ~en: ATTEST: Brian S. Gabriel , Sr. Chairperson