HomeMy WebLinkAboutResolution No. PZ2019-23A RESOLUTION OF THE
GRANTING A REQUEST
MARIJUANA STORE TO:
""Villaye with a Past, C# with a Future
210 Fidalgo Avenue, Kenai, Alaska 99611-7794
Telephone: 907-283-7535 / Fax: 907-283-3014
www.kenai.city
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ2019-23
PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI
TO AMEND A CONDITIONAL USE PERMIT FOR A RETAIL
APPLICANT: CLINT PICKARSKY D/B/A KENAI RIVER CANNABIS
USE: RETAIL MARIJUANA STORE
LEGAL DESCRIPTION: LOT 4, BLOCK 1, BUSH LANES SUBDIVISION
PHYSICAL ADDRESS: 14429 KENAI SPUR HIGHWAY
KENAI PENINSULA BOROUGH PARCEL NUMBER: 03902240
WHEREAS, the applicant requested an amendment to the operating hours of the special use
permit following Kenai Municipal Code 14.20.150(h) Conditional use permits, Modification of
final approval; and,
WHEREAS, the amendment affects land zoned as Central Commercial; and,
WHEREAS, the City of Kenai Planning and Zoning Commission conducted a duly advertised
public hearing on June 26, 2019, following requirements outlined in Kenai Municipal Code
14.20.280 for public hearings and notifications; and,
WHEREAS, removing the condition for specific operating hours would still meet the criteria for
the issuance of the conditional use permit; and,
WHEREAS, the Planning and Zoning Commission finds:
1. The applicant meets criteria for conditional use permits in KMC 14.20.150(d)(1) The use is
consistent with the purpose of this chapter and the purposes and intent of the zoning district,
The subject parcel is within the General Commercial (CG) Zone. KMC 14.20.120 outlines the
intent of the CG zone to provide for areas with a broad range of retail, wholesale, and service
establishments, with uses regulated to concentrate commercial development to the greatest
extent possible. Access to the store is from the Kenai Spur Highway, which is a Major
Collector street. Removing the hours of operation would be a use consistent with the intent of
Resolution PZ2019-23
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the CG Zone. Other retail marijuana stores within the City close at midnight, 11:30pm, and
9pm.
2. The applicant meets criteria for conditional use permits in KMC 14.20.150(d)(2) The value of
the adjoining property and neighborhood will not be significantly impaired;
Kenai River Cannabis occupies a structure that was previously vacant. Kenai River Cannabis
has been open for approximately a month and was found not to significantly impair the value
of adjoining property and the neighborhood when the conditional use permit was issued.
There is sufficient security on the building with locks and surveillance cameras in place.
Lighting on the store adds to safety, but does not detract from surroundings with the location
of the store on the major collector Kenai Spur Highway. The amount of additional traffic that
may occur due to later operating hours is not likely to have a large impact on surrounding
property as the store fronts the Kenai Spur Highway. Surrounding properties are a mix of
commercial and residential development. A duplex and a residential home are across the
street on the Kenai Spur Highway and residences are behind commercial development on
Lilac Street. A storage yard for Weaver Brothers is on the same side of the Kenai Spur
Highway as the store. Additional operating hours are not likely to significantly impair the
adjacent properties. The applicant notes that some of his customers walk to the store. The
City has received one formal letter of objection to the change in hours. However, no other
retail marijuana store in the City has a limitation on the hours of operation and City staff does
not feel the hours are a condition reflecting the location and instead reflect that the permit
was granted later than other retail marijuana stores within the City.
3. The applicant meets criteria for conditional use permits in KMC 14.20.150(d)(3) The
proposed use is in harmony with the Comprehensive Plan;
The staff report the existing conditional use permit granted by PZ2018-16 found the retail
marijuana store to be in harmony with the 2016 Imagine Kenai 2030 Comprehensive Plan
and specifically referenced Objective LU-1 under Goal 3-Land Use to establish siting and
design standards in harmony and scale with surrounding uses. The location of the retail
marijuana store within an existing vacant commercial building also supports Objective ED-5
under Goal 2-Economic Development to promote adaptive reuse of vacant commercial
buildings along the Kenai Spur Highway.
4. The applicant meets criteria for conditional use permits in KMC 14.20.150(d)(4) Public
services and facilities are adequate to serve the proposed use;
City and water and sewer serve the subject property. Access is provided from the Kenai Spur
Highway and the applicant meets parking requirements specified under KMC 14.20.250.
Public services and facilities would still be accurate to serve the proposed use with an
extension of the operating hours.
5. The applicant meets criteria for conditional use permits in KMC 14.150(d)(5) The proposed
use will not be harmful to the public safety, health or welfare;
The staff report the existing conditional use permit granted by PZ2018-16 noted the store
met required buffer distances. The applicant followed through with required conditions to
obtain additional permits, including a building permit, sign permit, and State licenses. Other
retail marijuana stores within the City do not have an hours restriction in their conditional use
permit and are the following: Majestic Gardens states they are open until 11:30pm on their
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sign, Red Run states they are open until midnight on their website, and East Rip states they
are open until 9pm on their website. Staff has suggested a closing time of midnight to the
applicant, but does not feel this should be a condition specific to the applicant's permit to
match other retail marijuana stores in the City.
NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING COMMISSION
OF THE CITY OF KENAI, ALASKA:
Section 1. That the request to remove Condition 7 limiting the operating hours for the
conditional permit for a retail marijuana store approved by PZ2018-16 is granted
to Clint Pickarsky d/b/a Kenai River Cannabis.
Section 2. Amended conditions of the conditional use permit approved by PZ2018-16 with
New Text Underlined; [DELETED TEXT BRACKETED] 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.
Prior to the 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 an 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:OOAM to 9:OOPM, Monday through Sunday.]
[8]7. Pursuant to Kenai Municipal Code Section, 14.20.150(f) the applicant shall submit an
Annual Report to the City of Kenai.
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI,
ALASKA, this 26th day of JUNE, 2019.
JEFF TWAIT, CHAIRPERSON
ATTEST:
Resolution PZ2019-23 '.
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