HomeMy WebLinkAboutResolution No. PZ2021-4311
71
JC1
KENAI
CITY OF KENAI
PLANNING AND ZONING COMMC
RESOLUTION NO. 2021-43
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI
GRANTING A CONDITIONAL USE PERMIT FOR A LIMITED MARIJUANA CULTIVATION
FACILITY.
APPLICANT: Bryce Hoxeng
PROPERTY ADDRESS: 5345 Kenai Spur Highway
LEGAL DESCRIPTION: Lot 2, Block 9, Valhalla Heights Subdivision Part 1
KENAI PENINSULA BOROUGH PARCEL NUMBER: 04925017
WHEREAS, a complete application meeting the requirements of Kenai Municipal Code 14.20.150
was submitted to the City; and,
WHEREAS, the applicant has demonstrated with plans and other documents that the
prerequisites of a Conditional Use Permit have been met pursuant to Kenai Municipal Code
14.20.150; and,
WHEREAS, the City of Kenai Planning and Zoning Commission conducted a duly advertised
public hearing on December 22, 2021, following requirements outlined in Kenai Municipal Code
14.20.280 and KMC14.20.330(c) for public hearings and notifications.
WHEREAS, the Planning and Zoning Commission finds:
1. 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,
Critera Met: 5345 Kenai Spur Highway is zoned Limited Commercial (LC). The proposed
Limited Marijuana Cultivation Facility meets the intent of the Limited Commercial Zone
(LC) to provide transition areas between commercial and residential districts by allowing
low to medium volume business, mixed residential and other compatible uses which
complement and do not materially detract from the uses allowed with adjacent districts. A
Limited Marijuana Cultivation Facility would be a low volume business in a mixed
residential and commercial neighborhood.
The Land Use Table provides that Limited Marijuana Cultivation Facilities are a conditional
use for the Limited Commercial Zoning Districts; therefore, a conditional use permit must
be granted for the operation of a Limited Marijuana Cultivation Facility. The applicant has
provided a site plan that provides the layout of the premises.
Resolution No. PZ2021-43
Page 2 of 4
"Marijuana cultivation facility, limited" means an entity registered to cultivate in an area of
five hundred (500) square feet or less of cultivation, prepare, and package marijuana and
to sell marijuana to retail marijuana stores, to marijuana product manufacturing facilities,
and to other marijuana cultivation facilities, but not to consumers.
2. KMC 14.20.150(d)(2) The economic and noneconomic value of the adjoining property and
neighborhood will not be significantly impaired,
Criteria Met. The parcel to the North has a residential accessory structure. The parcels to
the South and West have residential dwellings. And the Kenai Spur Highway is located to
the East. Both the economic and noneconomic value of adjacent properties should not be
significantly impacted by this change in use since the Limited Marijuana Cultivation Facility
is limited to 500 square feet or less in an existing building, the business is for wholesale
only with no consumers accessing the property, and no additional traffic. The applicant
has also noted "items owned by the cultivation will not be stored outside. There will be no
signs attached to the outside of the building that display the cultivation's business name
or the industry type (marijuana)".
3. KMC 14.20.150(d)(3) The proposed use is in harmony with the Comprehensive Plan;
Criteria Met. The Land Use Plan, from the 2016 Comprehensive Plan, proposes a Mixed
Use land use for this neighborhood. The Mixed Use Land Use Classification is defined in
the Comprehensive Plan:
"Mixed use is intended for a compatible mix of residential, retail, service, office, public,
institutional and recreational uses. Uses are co -located in an integrated way that supports
sustainable forms of transport such as public transport, walking and biking, and increases
neighborhood amenities. Compatibility issues are addressed through careful site layout
and building design."
All of the adjacent parcels are zoned Limited Commercial, providing for a mix of residential
and commercial uses, connected by a walking/bike path along the Kenai Spur Highway.
The Comprehensive Plan has goals to support businesses and economic development
and to provide a high quality of life within the City. Below are specific goals/objectives from
the Comprehensive Plan that support this CUP application:
Goal 1 of the Comprehensive Plan is to promote and encourage quality of life in Kenai.
• Q-4 Promote the siting and design of land uses that are in harmony and scale with
surrounding uses
Goal 2 of the Comprehensive Plan is to provide economic development to support the
fiscal health of Kenai.
• ED -5 Promote adaptive reuse of vacant commercial buildings in the city center and
along the Kenai Spur Highway.
Goal 3 of the Comprehensive Plan is to Develop land use strategies to implement a
forward-looking approach to community growth and development.
• LU -5 Support development at emerging community "centers" that lie outside the major
employment centers but provide a mix of retail, service, and residential uses.
Resolution No. PZ2021-43
Page 3 of 4
4. KMC 14.20.150(d)(4) Public services and facilities are adequate to serve the proposed
use;
Criteria Met. The subject property is accessed via a paved, State of Alaska Department of
Transportation maintained highway. There are no City sewer or water services in the
vicinity (sewer and water services are located 500+ feet to the North, beyond the two
hundred (200) feet required for connecting to the public water system per Kenai Municipal
Code 17.10.010.), the property has an existing a private septic and water well system.
There is access to natural gas, electricity, and telephone services.
5. KMC 14.150(d)(5) The proposed use will not be harmful to the public safety, health or
welfare;
Criteria Met: A Limited Marijuana Cultivation Facility would not be harmful to the public
safety, health, or welfare. The applicant has noted items owned by the cultivation will not
be stored outside. There will be no signs attached to the outside of the building that
display the cultivation's business name or the industry type (marijuana). The applicant
has also provided a site plan with the layout of the facility on the property and no
additional traffic will be generated since it is a wholesale business, and consumers will
not be accessing the property.
6. KMC 14.150(d)(6) Any and all specific conditions deemed necessary by the Commission
to fulfill the above-mentioned conditions should 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.
See Conditions of Approval as set forth below.
NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF
THE CITY OF KENAI, ALASKA:
Section 1. That a conditional use permit is granted to Bryce Hoxeng for a Limited Marijuana
Cultivation Facility for properties described as Lot 2, Block 9, Valhalla Heights
Subdivision Part 1 and located at 5345 Kenai Spur Highway.
Section 2. That the conditional use permit is subject to the following conditions:
1. Further development of the property shall conform to all federal, State of Alaska, and local
regulations.
2. Prior to starting operations, a landscape/site plan must be reviewed and approved by the
Planning Director.
3. Prior to beginning construction of any new structures, a building permit must be issued by
the Building Official for the City of Kenai. Any renovations must check in with the Building
Official regarding any required building permits.
4. Standards for commercial marijuana establishments per KMC14.20.330 must be
maintained.
Resolution No. PZ2021-43
Page 4 of 4
5. A yearly Conditional Use Permit report must be submitted to the City of Kenai prior to the
31st day of December of each year.
6. The applicant will meet with City staff for on-site inspections when requested.
7. If there is a change of use for the above described property a new Conditional Use Permit
must be obtained, pursuant to 14.20.150(1)(5).
8. Pursuant to KMC 14.20.150(1)(2), this permit shall expire automatically upon termination
or interruption of the use for a period of at least one year.
9. Failure to provide documentation to the City for meeting these conditions shall be grounds
for the suspension or revocation of the conditional use permit.
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA,
this 22nd day of December, 2021.
ATTEST:
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MEGHAN THIBODEAU, DEPUTY CITY CLERK A+
��'i3ED•'��
STAFF REPORT
TO: Planning and Zoning Commission
FROM: Ryan Foster, Planning Director
DATE: December 14, 2021
SUBJECT: PZ2021-43 – CUP – Limited Marijuana Cultivation Facility
Applicant: Bryce Hoxeng
5345 Kenai Spur Highway, Unit B
Kenai, Alaska 99611
Legal Description: Lot 2, Block 9, Valhalla Heights Subdivision Part 1
Property Address: 5345 Kenai Spur Highway
KPB Parcel No: 04925017
Lot Size: 0.42 Acres (18,295 square feet)
Existing Zoning: Limited Commercial
Current Land Use: Residential Dwelling
Land Use Plan: Mixed Use
GENERAL INFORMATION
The applicant, Bryce Hoxeng, has submitted a conditional use permit application for a Limited
Marijuana Cultivation Facility at 5345 Kenai Spur Highway. Per Kenai Municipal Code 14.22.010
Land use table, a Limited Marijuana Cultivation Facility use requires a conditional use permit in
the Limited Commercial zoning district. A conditional use permit is requested in order to operate
a limited marijuana cultivation facility out of the un-occupied building on this property. The building
is mostly setup for a commercial operation since it was last used as a hair salon.
Application, Public Notice, Public Comment
Pursuant to Kenai Municipal Code 14.20.330(c) notices of the public hearing for the conditional
use were mailed to property owners within a five hundred-foot (500’) periphery of the subject
property. City staff published notice of the public hearing in the Peninsula Clarion. The applicant
Page 2 of 5
submitted an Affidavit of Posting verifying a sign was placed on the parcel with information on the
public hearing for the conditional use request.
ANALYSIS
KMC14.20.330 – Standards for Commercial Marijuana Establishments
The purpose of KMC14.20.330 is to establish general standards for commercial marijuana
establishments.
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
There are no primary or secondary schools (institutional land use) within 1,000 feet of the
subject property. There are no institutional land uses within 500 feet of the subject property. See
attached Power Point presentation with the 500 foot buffer map with list of land use type and
1,000 foot buffer map with list of land use type.
Recommended condition #4 states that “Standards for commercial marijuana establishments
per KMC14.20.330 must be maintained.”
Kenai Municipal Code 14.20.150(e) – Review Criteria for Conditional Use Permits
Pursuant to KMC 14.20.150(a), the intent of a conditional use permit is to allow some uses that
may be compatible with the designated principal uses in specific zoning districts provided certain
conditions are met. KMC 14.20.150(e)-Conditional Use Permits Review Criteria states six
conditions that the Planning and Zoning Commission must deem to exist when establishing
findings prior to issuing a conditional use permit:
Criteria # 1: The use is consistent with the purpose of this chapter and the purposes
and intent of the zoning district.
Applicant Response: The parcel is zoned as limited commercial. The cultivation facility
will not increase traffic due to all sales being wholesale and not retail. Items owned by the
cultivation will not be stored outside. There will be no signs attached to the outside of the
building that display the cultivation's business name or the industry type (marijuana).
Staff Response: 5345 Kenai Spur Highway is zoned Limited Commercial (LC). The
proposed Limited Marijuana Cultivation Facility meets the intent of the Limited Commercial
Zone (LC) to provide transition areas between commercial and residential districts by
allowing low to medium volume business, mixed residential and other compatible uses
which complement and do not materially detract from the uses allowed with adjacent
districts. A Limited Marijuana Cultivation Facility would be a low volume business in a
mixed residential and commercial neighborhood.
Page 3 of 5
The Land Use Table provides that Limited Marijuana Cultivation Facilities are a conditional
use for the Limited Commercial Zoning Districts; therefore, a conditional use permit must
be granted for the operation of a Limited Marijuana Cultivation Facility. The applicant has
provided a site plan that provides the layout of the premises.
“Marijuana cultivation facility, limited” means an entity registered to cultivate in an area of
five hundred (500) square feet or less of cultivation, prepare, and package marijuana and
to sell marijuana to retail marijuana stores, to marijuana product manufacturing facilities,
and to other marijuana cultivation facilities, but not to consumers.
Criteria #2: The economic and noneconomic value of the adjoining property and
neighborhood will not be significantly impaired.
Applicant Response: No increase in traffic, no signs indicating a marijuana cultivation is
operating, a high level of security will be in place and AMCO requires that no odor is
detectable from a public place.
Staff Response:
The parcel to the North has a residential accessory structure. The parcels to the South
and West have residential dwellings. And the Kenai Spur Highway is located to the East.
Both the economic and noneconomic value of adjacent properties should not be
significantly impacted by this change in use since the Limited Marijuana Cultivation Facility
is limited to 500 square feet or less in an existing building, the business is for wholesale
only with no consumers accessing the property, and no additional traffic. The applicant
has also noted “items owned by the cultivation will not be stored outside. There will be no
signs attached to the outside of the building that display the cultivation's business name
or the industry type (marijuana)”.
Criteria #3: The proposed use is in harmony with the Comprehensive Plan.
Applicant Response: The cultivation facility will benefit the state and local economy
through taxes, both excise tax and sales tax from retail stores. The cultivation facility will
not alter the current land use due to the building being already in place. Natural resources
will stay protected since the cultivation's waste consists of water used in the bathroom (no
liquid waste from growing) and a combination of growing medium (peat moss) and ground
up plant material.
Staff Response: The Land Use Plan, from the 2016 Comprehensive Plan, proposes a
Mixed Use land use for this neighborhood. The Mixed Use Land Use Classification is
defined in the Comprehensive Plan:
“Mixed use is intended for a compatible mix of residential, retail, service, office, public,
institutional and recreational uses. Uses are co-located in an integrated way that supports
sustainable forms of transport such as public transport, walking and biking, and increases
neighborhood amenities. Compatibility issues are addressed through careful site layout
and building design.”
Page 4 of 5
All of the adjacent parcels are zoned Limited Commercial, providing for a mix of residential
and commercial uses, connected by a walking/bike path along the Kenai Spur Highway.
The Comprehensive Plan has goals to support businesses and economic development
and to provide a high quality of life within the City. Below are specific goals/objectives from
the Comprehensive Plan that support this CUP application:
Goal 1 of the Comprehensive Plan is to promote and encourage quality of life in Kenai.
Q-4 Promote the siting and design of land uses that are in harmony and scale with
surrounding uses
Goal 2 of the Comprehensive Plan is to provide economic development to support the
fiscal health of Kenai.
ED-5 Promote adaptive reuse of vacant commercial buildings in the city center and
along the Kenai Spur Highway.
Goal 3 of the Comprehensive Plan is to Develop land use strategies to implement a
forward-looking approach to community growth and development.
LU-5 Support development at emerging community “centers” that lie outside the
major employment centers but provide a mix of retail, service, and residential uses.
Criteria #4: Public services and facilities are adequate to serve the proposed use.
Applicant Response: Electric, gas, and telephone are connected to the proposed building.
A private well and septic service the building as well.
Staff Response: The subject property is accessed via a paved, State of Alaska
Department of Transportation maintained highway. There are no City sewer or water
services in the vicinity (sewer and water services are located 500+ feet to the North,
beyond the two hundred (200) feet required for connecting to the public water system per
Kenai Municipal Code 17.10.010.), the property has an existing a private septic and water
well system.
There is access to natural gas, electricity, and telephone services.
Criteria #5: The proposed use will not be harmful to the public safety, health or welfare.
Applicant Response: No increased traffic, no detectable odors to the public, no signage
indication business nature (marijuana), no hazardous waste generated and a high level of
security to prevent unauthorized access.
Staff Response: A Limited Marijuana Cultivation Facility would not be harmful to the public
safety, health, or welfare. The applicant has noted items owned by the cultivation will not
be stored outside. There will be no signs attached to the outside of the building that display
the cultivation's business name or the industry type (marijuana). The applicant has also
provided a site plan with the layout of the facility on the property and no additional traffic
will be generated since it is a wholesale business, and consumers will not be accessing
the property.
Page 5 of 5
Criteria # 6: Specific conditions deemed necessary.
Applicant Response: No impacts are foreseen by the conditional use of the property.
Staff Response: See Conditions of Approval as set forth below.
RECOMMENDATIONS
City staff find that the applicant meets the criteria for issuance of a Conditional Use Permit as
set forth in subsections (e)(1) through (e)(6) of Kenai Municipal Code 14.20.150, and hereby
recommends that the Planning and Zoning Commission approve the Conditional Use Permit
application, subject to the following conditions:
1. Further development of the property shall conform to all federal, State of Alaska, and
local regulations.
2. Prior to starting operations, a landscape/site plan must be reviewed and approved by the
Planning Director.
3. Prior to beginning construction of any new structures, a building permit must be issued by
the Building Official for the City of Kenai. Any renovations must check in with the Building
Official regarding any required building permits.
4. Standards for commercial marijuana establishments per KMC14.20.330 must be
maintained.
5. A yearly Conditional Use Permit report must be submitted to the City of Kenai prior to the
31st day of December of each year.
6. The applicant will meet with City staff for on-site inspections when requested.
7. If there is a change of use for the above described property a new Conditional Use Permit
must be obtained, pursuant to 14.20.150(l)(5).
8. Pursuant to KMC 14.20.150(l)(2), this permit shall expire automatically upon termination
or interruption of the use for a period of at least one year.
9. Failure to provide documentation to the City for meeting these conditions shall be grounds
for the suspension or revocation of the conditional use permit.
ATTACHMENTS
A. Conditional Use Permit Application
B. Draft Site Plan
C. Aerial Map
D. KMC14.20.330 Standards for commercial marijuana establishments
City of Kenai c Planning and Zoning Department
Conditional Use Permit 210 Fidalgo Aven!.le
Kenai, AK 99611
Application (907) 283-8200
planning@kenai.city
www.kenai.city/planning
~(!,1'··~~1:;1
Name: Maryann Cannon
Mailing Address: 5345 Kenai Spur Hwy, Unit A
City: Kenai I state: AK !Zip Code: 199611
Phone Number(s): 907-252-0551
Email: c4taggs@yahoo.com
I ' ~~~ ~ r:n . .ffil~ lIF' r.t"t•1~1::a1
Name: Dryce Hoxeng
Mailing Address: 5345 Kenai Spur Hwy, Unit B
City: Kenai I state: AK IZip Code: 199611
Phone Number(s): 360-513-6358
Email: puffintuff2l@gmail.com -f~J~~U!V
Kenai Peninsula Borough Parcel# (Property Tax ID): 04925017
Physical Address: 5345 Kenai Spur Hwy, Unit C, Kenai, AK 99611
Legal Description: T SN R lOW SEC 6 Seward Meridian KN 0001633 VALHALLA llElGHTS SUB PART 1 LOT 2 BLK 9
Zoning: Residential I Limited Commercial
Acres: 0.42
1:!i1J,;'ll1][11(1i:~ ltl:::S....'f~:'.U~
~ • I • ' . • f..'i• I• r.1 (:.Jlfltl• lt:l• 1:~-,-I --~ ---'"'!'--' ' . -l9111Al•.lar.aar-'& ...
How is this property currently being used? I Two unit home and a separate un-occupied building
Conditional Use Requested for (attach additional sheets if necessary):
A conditional use permit is requested in order to operate a limited marijuana cultivation facility out of the
un-occupied building on this property. The building is mostly setup for a commercial operation since it
was last used as a hair salon.
Explain how the conditional use is consistent with purposes and intent of the zoning district of the property:
The parcel 1s 2one(1 ss nmited oommercu:n. The eumvatton raetlitY wm not inerease ttamc t!U~ to aii ~~it::S uemg
wholesale and not retail. Items owned by the cultivation will not be stored outside. There will be no signs
attached to the outside of the building that display the cultivation's business name or the industry type
(marijuana).
Explain how the value of adjoining property and neighborhood will not be significantly impaired by the conditional
use:
No increase in traffic, no signs indicating a marijuana cultivation is operating, a high level of security will
be in place and AMCO requires that no odor is detectable from a public place.
Use of surrounding property -north: Vacant land to the Kenai Spur Highway
Use of surrounding property-south: Thompson Place - 3 residential buildings
U.se. of surrounding_ pr.operty-east .Kenai. Spur Highway,
Use of surrounding property -west A 2-unit residential building on the same parcel
Explain how the conditional use is in harmony with the City's Comprehensive ~Ian:
The cultivation facility will benefit the state and local economy through taxes, both excise tax and sales tax from
retail stores. The cultivation facility will not alter the current land use due to the building being already in place.
"Natural resources will stay protected since the cultivation's waste consists of water used in tlie bathroom {no
liquid waste from growing) and a combination of growing medium (peat moss) and ground up plant material.
Are public services and facilities on the property adequate to serve the proposed conditional use?
Electric, gas, and telephone are connected to the proposed building. A private well and septic service the
·building as wen-~
Explain how the conditional use will not be harmful to public safety, health, or welfare:
f\l.Q. io.~r~~~~(t tr~ffiP., np_ d.~f~Qtab.!t}.. QQPF'.&. tQ .. tb~_ publiG, nQ_ $ign~ge indicating. business natwr~, (matiJJ.Ai:!O~) •. ,
no hazardous waste generated and a high level of security to prevent unauthorized access.
Are there any measures with access, screening, site development, building design, or business operation that will
lessen. potential.impacts of the conditional use to .neighbors?
No impacts are foreseen by the conditional use of the property.
AUTHORITY TO APPLY FOR CONDITIONAL USE:
I hereby certify that (I am) (f have be.en au:thorized to act for) owner of the property described above and that I
petition for a conditional use .permit in conformance with Title 14 .of the Kenai 1\i1unicipal Code. I understand that
payment of the application fee is nonrefundable and is to cover the costs associated wilh processing thi.s
application, and that it does not assure approval .of the conditi'onal use. I also understand that assigned hearing
dates e1re tentative and may have to be postponed by Planning Department staff of the Planhin.g and Zoning
Commission for administrative reasons. I understand that a site visit may be required to. process this application.
City of Kenai personnel are .authorized to access the abo"Vesreferenred property fur the purpose cf pra.ce~sing this
application.
Signature: I Date: I
Print Name: Bryce Hoxeng I Title/Business: !Owner I Puffin Tuff Farms
Fer CU:ty U&e Only
Date Appiication Fee Received:
PZ Resotution Number:
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Puffin Tuff ~arms LLCis Approviar of building/land use for a
cultavation.
I /2" rva.f'V'.t'/ t!ae/ o r/ agree to rent 5345 Kenai Spur
l
Hwy Unit C, Kenai Alaska 99611 to Bryce Hoxeng &
Michael Welch for the Cultivation of Puffin Tuff Farms LLC.
Building Owner's Signature
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1
PZ2021-43 CUP Limited Marijuana Cultivation Facility5345 Kenai Spur Highway
KENAI SPUR HWYTHOMPSON PL.Data Source: Kenai Peninsula Borough. Data is for graphic representation only. Imagery may not match true parcel boundaries.
0 5025 Feet
LEGEND
Su bject Parcel
Date: 12/14/2021
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.
On-site consumption endorsements may not be approved by conditional use permit or otherwise and are not
permitted within the City.
(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 nonrigid 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
14.20.330 Standards for commercial marijuana establishments | Kenai Municipal Code Page 1 of 2
The Kenai Municipal Code is current through Ordinance 3243-2021, passed September 15, 2021.
The Kenai Municipal Code is current through Ordinance 3243-2021, passed September 15, 2021.
Disclaimer: The City Clerk has the official version of the Kenai Municipal Code. Users should contact the City Clerk
for ordinances passed subsequent to the ordinance cited above.
Note: This site does not support Internet Explorer. To view this site, Code Publishing Company recommends using
one of the following browsers: Google Chrome, Firefox, or Safari.
City Website: www.kenai.city
City Telephone: (907) 283-7535
Code Publishing Company
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, 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.
(j) No retail marijuana store may conduct business on, or allow any customer or consumer to access, the
licensed premises between the hours of 5:00 a.m. and 8:00 a.m. daily.
(Ords. 2870-2016, 2997-2018, 3025-2018, 3068-2019, 3088-2019)
14.20.330 Standards for commercial marijuana establishments | Kenai Municipal Code Page 2 of 2
The Kenai Municipal Code is current through Ordinance 3243-2021, passed September 15, 2021.
PLANNING & ZONING
COMMISSION
Resolution PZ2021-43 –Conditional Use Permit –Limited Marijuana Cultivation
Facility
5345 Kenai Spur Highway
1
SUMMARY
2
Applicant:Bryce Hoxeng
5345 Kenai Spur Highway, Unit B
Kenai, Alaska 99611
Legal
Description:
Lot 2, Block 9, Valhalla Heights
Subdivision Part 1
Property
Address:
5345 Kenai Spur Highway
KPB Parcel
No:
04925017
Lot Size:0.42 Acres (18,295 square feet)
Existing
Zoning:
Limited Commercial
Current Land
Use:
Residential Dwelling
Land Use
Plan:
Mixed Use
SUMMARY
3
The applicant, Bryce Hoxeng, has submitted a conditional use permit application
for a Limited Marijuana Cultivation Facility at 5345 Kenai Spur Highway.
Per Kenai Municipal Code 14.22.010 Land use table, a Limited Marijuana
Cultivation Facility use requires a conditional use permit in the Limited
Commercial zoning district.
A conditional use permit is requested in order to operate a limited marijuana
cultivation facility out of the un-occupied building on this property. The building is
mostly setup for a commercial operation since it was last used as a hair salon.
SITE PLAN
Site plan of 5345 Kenai Spur Highway with
the vacant hair salon building
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STAFF ANALYSIS
KMC14.20.330 –Standards for Commercial Marijuana Establishments
The purpose of KMC14.20.330 is to establish general standards for commercial
marijuana establishments.
There are no primary or secondary schools (institutional land use) within 1,000
feet of the subject property. There are no institutional land uses within 500 feet of
the subject property. See attached Power Point presentation with the 500 foot
buffer map with list of land use type and 1000 foot buffer map with list of land use
type.
Recommended condition #4 states that “Standards for commercial marijuana
establishments per KMC14.20.330 must be maintained.”
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500 FOOT BUFFER MAP
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1,000 FOOT BUFFER MAP
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STAFF ANALYSIS
Kenai Municipal Code 14.20.150(e) –Review Criteria for Conditional Use Permits
Pursuant to KMC 14.20.150(a), the intent of a conditional use permit is to allow
some uses that may be compatible with the designated principal uses in specific
zoning districts provided certain conditions are met. KMC 14.20.150(e)-
Conditional Use Permits Review Criteria states six conditions that the Planning
and Zoning Commission must deem to exist when establishing findings prior to
issuing a conditional use permit:
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REVIEW CRITERIA
Criteria #1: The use is consistent with the purpose of this chapter and the purposes
and intent of the zoning district.
Criteria #2: The economic and noneconomic value of the adjoining property and
neighborhood will not be significantly impaired.
Criteria #3: The proposed use is in harmony with the Comprehensive Plan.
Criteria #4: Public services and facilities are adequate to serve the proposed use.
Criteria #5: The proposed use will not be harmful to the public safety, health or
welfare.
Criteria #6: Specific conditions deemed necessary.
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RECOMMENDATIONS
City staff find that the applicant meets the criteria for issuance of a Conditional Use
Permit as set forth in subsections (e)(1) through (e)(6) of Kenai Municipal Code
14.20.150, and hereby recommends that the Planning and Zoning Commission
approve the Conditional Use Permit application, subject to the following conditions:
1.Further development of the property shall conform to all federal, State of Alaska, and
local regulations.
2.Prior to starting operations, a landscape/site plan must be reviewed and approved by the
Planning Director.
3.Prior to beginning construction of any new structures, a building permit must be issued by
the Building Official for the City of Kenai. Any renovations must check in with the Building
Official regarding any required building permits.
4.Standards for commercial marijuana establishments per KMC14.20.330 must be
maintained.
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RECOMMENDATIONS CONTINUED
5.A yearly Conditional Use Permit report must be submitted to the City of Kenai prior to the
31st day of December of each year.
6.The applicant will meet with City staff for on-site inspections when requested.
7.If there is a change of use for the above described property a new Conditional Use Permit
must be obtained, pursuant to 14.20.150(l)(5).
8.Pursuant to KMC 14.20.150(l)(2), this permit shall expire automatically upon termination
or interruption of the use for a period of at least one year.
9.Failure to provide documentation to the City for meeting these conditions shall be
grounds for the suspension or revocation of the conditional use permit.
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ATTACHMENTS
A. Application
B. Draft Site Plan
C. Aerial Map
D. KMC14.20.330 Standards for commercial marijuana establishments
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A. APPLICATION
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B. SITE PLAN
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C. AERIAL MAP
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D. KMC14.20.330 STANDARDS FOR
COMMERCIAL MARIJUANA ESTABLISHMENTS
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