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HomeMy WebLinkAboutResolution No. PZ2021-447-11 ic, KENAI CITY OF KENAI PLANNING AND ZONING COMMt RESOLUTION NO. 2021-44 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI GRANTING A CONDITIONAL USE PERMIT FOR A STANDARD MARIJUANA CULTIVATION FACILITY. APPLICANT: Nicholas Mann PROPERTY ADDRESS: 8847 Kenai Spur Highway LEGAL DESCRIPTION: Lot 1, Yragui Subdivision KENAI PENINSULA BOROUGH PARCEL NUMBER: 04510012 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 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: 8847 Kenai Spur Highway is zoned General Commercial (CG). The proposed Standard Marijuana Cultivation Facility meets the intent of the General Commercial Zone (CG) to provide for areas where a broad range of retail, 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) family 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. A Standard Marijuana Cultivation Facility would be a primary commercial use. Resolution No. PZ2021-44 Page 2 of 4 The Land Use Table provides that a Standard Marijuana Cultivation Facility is a conditional use for the General Commercial Zoning District; therefore, a conditional use permit must be granted for the operation of a Standard Marijuana Cultivation Facility. The applicant has provided a site plan that provides the layout of the premises. "Marijuana cultivation facility, standard" means an entity registered to cultivate in an area greater than five hundred (500) square feet under 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. To the North of the subject parcel is the Kenai Spur Highway. The parcel to the South is a residential dwelling. To the East is undeveloped. The parcel to the West is vacant commercial. Both the economic and noneconomic value of adjacent properties should not be significantly impacted by this change in use since the business is for wholesale only with no consumers accessing the property, and no additional traffic. The applicant has also noted "we are a wholesale only business, so there will be no foot traffic or other signs of activity to adversely affect the neighborhood". 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 Central Commercial land use for this neighborhood. The Central Commercial Land Use Classification is defined in the Comprehensive Plan: "Central Commercial is intended for retail, service, and office businesses at a more compact and denser scale; locations are accessible and convenient to both motorists and pedestrians. Central Commercial -type development is particularly desirable in the Townsite Historic District and adjacent core area. Residences may be appropriate among commercial uses in these central areas. Non-commercial uses such as public offices, institutional uses and residences may be appropriate among commercial uses. Central Commercial may also apply at locations that have evolved into new Kenai commercial "centers" that are developed at a small to medium scale." 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. Resolution No. PZ2021-44 Page 3 of 4 • 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. 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. City sewer and water provide service to the property via Candlelight Drive. 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 Standard Marijuana Cultivation Facility would not be harmful to the public safety, health, or welfare. The applicant has noted there will be "no odor or visual signs of the business we are undertaking inside the building". 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 Nicholas Mann for a Standard Marijuana Cultivation Facility for property described as Lot 1, Yragui Subdivision and located at 8847 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. PZ2021-44 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. )ro JEFF 1jkAIT, CHAIRPERSON ATTEST: ©f A� STAFF REPORT TO: Planning and Zoning Commission FROM: Ryan Foster, Planning Director DATE: December 14, 2021 SUBJECT: PZ2021-44 – CUP – Standard Marijuana Cultivation Facility Applicant: Nicholas Mann 140 Bidarka Street #1342 Kenai, Alaska 99611 Legal Description: Lot 1, Yragui Subdivision Property Address: 8847 Kenai Spur Highway KPB Parcel No: 04510012 Lot Size: 1.58 Acres (68,824 square feet) Existing Zoning: General Commercial Current Land Use: General Commercial Land Use Plan: Central Commercial GENERAL INFORMATION The applicant, Nicholas Mann, has submitted a conditional use permit application for a Standard Marijuana Cultivation Facility at 8847 Kenai Spur Highway. Per Kenai Municipal Code 14.22.010 Land use table, a Standard Marijuana Cultivation Facility use requires a conditional use permit in the General Commercial zoning district. 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 submitted an Affidavit of Posting verifying a sign was placed on the parcel with information on the public hearing for the conditional use request. Page 2 of 5 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 property is currently zoned 'General Commercial' and the use for marijuana cultivation is consistent as long as a conditional use permit is acquired (pursuant to KMC 14.20.150, as provided in the City of Kenai's Land Use Table, KMC 14.22.010, and the provisions of KMC 14.20.330). Staff Response: 8847 Kenai Spur Highway is zoned General Commercial (CG). The proposed Standard Marijuana Cultivation Facility meets the intent of the General Commercial Zone (CG) to provide for areas where a broad range of retail, 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) family 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 Page 3 of 5 to the uses excluded above. A Standard Marijuana Cultivation Facility would be a primary commercial use. The Land Use Table provides that a Standard Marijuana Cultivation Facility is a conditional use for the General Commercial Zoning District; therefore, a conditional use permit must be granted for the operation of a Standard Marijuana Cultivation Facility. The applicant has provided a site plan that provides the layout of the premises. “Marijuana cultivation facility, standard” means an entity registered to cultivate in an area greater than five hundred (500) square feet under 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: I will remain compliant with KMC 14.20.330 (Standards for commercial marijuana establishments.), meaning no smell or visible sign of cultivation. In addition, we are a wholesale only business, so there will be no foot traffic or other signs of activity to adversely affect the neighborhood. Staff Response: To the North of the subject parcel is the Kenai Spur Highway. The parcel to the South is a residential dwelling. To the East is undeveloped. The parcel to the West is vacant commercial. Both the economic and noneconomic value of adjacent properties should not be significantly impacted by this change in use since the business is for wholesale only with no consumers accessing the property, and no additional traffic. The applicant has also noted “we are a wholesale only business, so there will be no foot traffic or other signs of activity to adversely affect the neighborhood”. Criteria #3: The proposed use is in harmony with the Comprehensive Plan. Applicant Response: This conditional use will be in harmony by opening new, high paying, permanent job positions to be filled by locals. This satisfies goal 2 - Economic development. We will also be a large source of tax-revenue for the city, allowing them to pursue the other goals they have set for themselves. Staff Response: The Land Use Plan, from the 2016 Comprehensive Plan, proposes a Central Commercial land use for this neighborhood. The Central Commercial Land Use Classification is defined in the Comprehensive Plan: “Central Commercial is intended for retail, service, and office businesses at a more compact and denser scale; locations are accessible and convenient to both motorists and pedestrians. Central Commercial-type development is particularly desirable in the Townsite Historic District and adjacent core area. Residences may be appropriate among commercial uses in these central areas. Non-commercial uses such as public offices, institutional uses and residences may be appropriate among commercial uses. Central Commercial may also apply at locations that have evolved into new Kenai commercial “centers” that are developed at a small to medium scale.” Page 4 of 5 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: We have city water and city sewer, so the public services are more than adequate for the (approximately) two hundred gallons of water a day needed for the plants. We will only have two bathrooms and very little waste down the sewer, so the existing sewer lines will be adequate. Staff Response: The subject property is accessed via a paved, State of Alaska Department of Transportation maintained highway. City sewer and water provide service to the property via Candlelight Drive. 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: We will produce no waste products other than inert growing medium and mulch in the form of vegetative waste. There will be no coming and going of customers- as we are completely wholesale. Finally, there will be no odor or visual signs of the business we are undertaking inside the building. Staff Response: A Standard Marijuana Cultivation Facility would not be harmful to the public safety, health, or welfare. The applicant has noted there will be “no odor or visual signs of the business we are undertaking inside the building”. 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. Criteria # 6: Specific conditions deemed necessary. Page 5 of 5 Applicant Response: We will be installing a number of activated carbon filters to ensure that even on harvest days, the neighbors won’t tell a difference from normal operations. No smell, no sound, and no adverse visuals will affect the neighbors. 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 Name: UEI JEREMY .F Malling Addre,~~:. 130 S WILLOW ST STE 6 City: :Kehai· State: Phone Number(s)~ .:; oo:j3959·oai.": .· · .· · . . . . . . . ·. .. :~ Email: . . . ' " .. ~ .. Je reniyuei@ ~otma iLi?9m · . Name: Nlc_holas'f Mann Mailing Address: 140 B idarka Street #1342 C ity:· Kenai State: Phone Number(s): ·719 221 9919 · Email: Nicholas Mann Kenai ~eninsula Borough Parcel# (Property Tax ID):. PhysiCal Address: 8847 Kenai Spur Buildings F G H AK AK ... ·· .. . . · .. City. of K-en;:ii-.. · · Planni ('ig ~nd Zoning De paftment . · 21 .o ·F.iaalgoAvenue: · \ . i. Kenj3i, AK 9961l' .. ' .. · : : •. ;. : ·:. (9.0Y} 283-8200 .' : < ·. , • : · pl~inrJing@kenai.city ; ·' ... 'WwW.kenaLcity/plar:inin.g •. •• • • l ••• • Zip code: 996-11 Zip Code: 99611 Leg al Description : T 6N R 11W SEC 34 SEWARD MERIDIAN KN 2003064 YRAGUI SUB LOT f . Zoning: General Comm~rclal Acres: 1.58 How is this property currently being used?. Empty Warehouse Conditional Use Requ~sted for (attach additional.sheE;tts. if neyessary): ' . ' Marijuana Cultivation Facility (standard) Explain ho'li the ·conditio:1~l use is consistent with purposes and intent of the. zoning dist~ict cf the property: the .property is currentiy zonec:!.'General Commercial' and -the use-formarijuana cultivation is -consistent as lo°ng as a co_niHtional use permi f is··acquired ·(1:)u.rsuant to KMC 1"·4".·20:150; as provided frr .the City of Kenai's Land Use Table, KMC .14.22.010, and the provisions of KMC -14.20.330) .. Explain how the value of adjoining _property and neig_hborhood will not be significantly impaired by the conditional use: ; w111 · remaifrcornpliaf'.lt with KMC ·14.2°0.33·0 (St~ridards for commercialmar·ijuana establishments.), meanin~j° no sm~Jf or Vjsi_b)~ sfgn of cu.itivation. ill ad9ition, we are ·~ wholesale only. business; ~.o t here will be no foot traffic or other signs of activity to adv~rsely affect the neighborhood. · · Use of surrounding _.property_ -north: .Und~veloped land/Highway Use of surrounding property-south: Residential Use of surroundin~ property -east: Undeveloped land Use of surrounding· property -west: General Commercial Explain how the conditional use is in harmony with the City's Comprehensive Plan: This conditional use will be in harmony by opening new, high paying, permanent job positions to be filled by locals. this sat:sfies ·goal ~--Economic development We will al.so be a large source of tax ·reven.ue for the city, allowing them to pursue the othe_r goals they have set for themselves. Are publi.c services and facilities on the property adequate to serve the proposed conditional use? . . . .. -. . . . . . . We have dtywater and city sewer, so-the public services are more than adequate for the (apprqximately) two hundred gallons of water a day needed for the plants. We will only have two bathrooms cfr1d v_ery little waste down the sewer, so the ex.isting sewer lines will be adequate. · · Explain how the conditional use will not be harmful to public safety, health, or welfare: We .v;iin produce no waste products other than inert growing medium and mulch in tl:ie form of vegetative waste. There· will" be no coming and going· of customers-as we are completely whol.esale. Finally, there . will be no .. odor or visuai"sigris o(the biJsiness .we are undertaking inside the building. · Are there ·any measures with access, screening, ·site development, building design, ·or business operation that will le.ssen potential impacts of the conditional use to neighbors? .. '. we will be insta.lling a numbe·r .. of activated carbon filters to ensure that even on harvest days, the neighbors wont tell a cjiffer~nce from normal operations. No smell; nq sound and no· adverse visuals will affect the nerghbo·rs.··-· AUTHORITY TO APPLY FOR CONDITl·ONAL USE: I hereby certify t'1at (I am) {I have been authorized 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 Municipal Code. ·I understand that payment of .the .application fee is nonrefundable and is to cover the costs associated with processing 1his application, and that it does not assure approval of the conditional use. I also understand that assigned hearing dates are tentative and may have to be pos_tponed by Planning Department staff of the Planning and Zoning Comm ission for administrative reasons. I understand that a site visit may be required to process this application. City of Kenai personne l are authorized to -access the above-referenced property for the purpose of processing this application. Sig·nature: · · :-·I Date: 1· Print Name: Nicholas Mann !Title/Business: I Shackleford .Investments LLC, Owner For City Use Only Date Application Fee Received: PZ Resolution Number: Conditio·nal Use Permit Application City of Kenai Planning and Zoning Department 2 10 FidalgoAvenue Kenai, AK 99611 CHECKLIST . (907) 283-8200 . . Plan.ning@kenai :city www.kenai.c;ity/planning D ·Evaluate ·uses allowed· in your zoning district. Information on zoning i·s available at ke n·a i. city/plan n i ng/paqe/zon i ng. D Submit completed application form. The application fonn must include an attached site plan/floor plan with square footages of all structures on the property and parking areas. If applicable, include a State Business License and a KPB Tax Compliance Form with the application. Intents of zoning districts are at kenai.munici p al.codes/KMC/14.20. Information about the Comprehensive Plan is at kenai.city/planning/page/comprehensive -Rlan . D Pay the $265 fee as outlined in the Fee Schedule ($250 + 6% tax). D City staff will evaluate your application following Kenai Municipal Code 14.20.230 (kenai.municipal.codes/KMC/14.20.150). Pl ease answer questions from City staff about your application. 0 Meet with Fire Marshall for inspection of premises (if necessary). , Th·e Fir~_ Marshal will contact you to arrange an inspection. 0 Post sign on your property and confirm the posting with the City. P lanning staff will contact you and provide a sign stating a ·conditional use permit application has· been submitte·d. The sign must be posted at least 10 days before the Planning & Zoning Commission meeting. D Attend Planning & Zoning Commission meeting (not mandatory, but ·recommended). Attendance is beneficial so you are able to a·nswer questions of the Commission. O 15·day appeal period of the. Planning & Zoning Commission's decision. Thank you for choosing the City <:>f Kenai! Please contact the Planning & Zoning Department with application questions. INFINITE fil DESIGN BRIAN COBB P.O. Box664 Donald, OR 97020 (b) 503.989.2992 (fl so3.ns.9013 /\// ~ # ~<:3 ..:::,«:-~ ~ 1j// z /' v ;,~/ "'%·. ..,. {!I • /,,?· . ,~ .... / •rt . ... -. ' . ·~"";'·~ -m!i.' mmm· . . L N89"5B'~E---96.95' -.... --. ~-s es·~· ~·w __ --1 - ---,32.18 ~ 1glfll ;;[~ . ~ ~1 ;· EXISTING PARKING; ~IJ11l~tf! ''\ __: . . l.J! ::,..---EXISTING GRAVEi. PARKING AREAS, TYPICAL LOT 1; 1.581 ACRES :~ I [: 8847\j UNITS B & L CREAR 0 WI\ ~ "'•\ z bl~ N 89' 58' 25.:..§._ --~17 /jjj_ / /_. Nag·~·~e ___ - - -1s2".39' (/) I - ---135.oo· -r LOT2 EBCDSITE PLAN I I I LOT3 SITE PLAN -REDUCED ALASKA AGRIGROW Tl 8847 KENAI SPUR HWY; UNITS B & CREAR KENAI, AL 99611 '~ w."' >I~ ~ 1; I-1. ~w m I 51 ~I u I s 89' 58' 54• w 3.00 .. 1·.1· I 30'-<r 3: r · 10' I N 89' 58' 54• E 3..00 I I I' I I OJ\TI!: 10/14121 ~1"=40'-0" ;;;;o;:-N0.:2021-os ()wHIYSTC A052 ~ REMOVE EXTERIOR SIDING AT EXIS11NG DOOR OPENING, INSTAU. Fl.ASHING & WEATHCR-BAAAIERS TO 11'.AKE WEATHCR TIGHT.· REPlACE DOOR &f!WJ.E WITH INsutATEO DOOR LEAF & lOCKING HARDWARE • RESTRM ·.·;·UQ~·: .: 3!:i.73'SF El------·--RECEIVING [JQ[J 473.34 SF --~ WATER FERTIGATION OQ[] 403.52 SF 0 I (E}----,. NEW DOOR IN EXISTING OPENING ENLARGE OPENING FROM SINGLE LEAF TO DOUBLE LEAF DOOR & FRAME. FLOWER DQIJ I l j I I qi -----1955.09 SF ...• -·~-1-·--·-----~ ~ ·:~· -~ -·-.---E9CDFLOOR PLAN -LEVEL 01 INFINITE fl DESIGN BRlANCOBB P.O. Box 664 Donald, OR 97020 (b) 5il3.989.2i!92 (f) 503.776.9013 .:. CURING CJ:MJ 304.18 SF ff.Loo~ PLAN -LEVEL 1 1~4~!~!R~w~~~~~?~RTI KENA!, AL 99611 18'~" SHIPPING& PACKAGING []@ 629.57 SF EXISTING STAIR, RAILINGS, & GUARDRAIL ----.---, VEG OQ§] 548.84 SF I I 1--© I r-® q. -DAT!!: 10114/21 SCA1£: 1/8•" 1'..()' ~20+1--0a A 101 cp ~ w '; --0 -----~ --------. . . ... rt ;; ' I fli~""nv• •M~Yji)z I t Lj --f8\ E fr _ rucru ~ LIM1 ~ I I II I J 15"-\0" (UNOCCUPIED) STORAGE 1_201] 1466.45 SF ---------~ I ~ ~I _,..-1 / .. / ·, . ./ ALIGN FRAMIN!> WITH FRAMING BELOW "' // '\... / "'/ · .. x OPEN TO BELOW ,/ "' / ""' / ·°\, '""' -··· ____ , .:_. _._· ·----1 (UNOCCUPIED) STORAGE DQ[] 1419.17 SF EXISTING GUARDRAJL I I I I I 1·--© ~-·· []Q§] ~ SECURED STOR , I ! . s~iQ I ._..,,. 1UHOCCUP1eoJ I ~ 187.36 SF = Ufil ~ • . . . . > 288.76 SF ~ ' 1/8" = 1·-0.. . I · INflMIU fl BRlAN COBB P.O. Boxse4 Oooald, 0 R 97020 (b) 503.989.2992 DESIGN (I) 503. 776. 9013 FLOOR PLAN -LEVEL 2 ALASKA AGRIGROW Tl 8847 KENAI SPUR HWY; UNITS B & C REAR KENAI, AL 99611 DATE: 10/14/21 SCAtl!: 11e· = 1·..o· PRO.I. N0.:2021--08 OWN ISTBTC I A 1 0 2 PZ2021-44 CUP Standard Marijuana Cultivation Facility8847 Kenai Spur Highway ALIAK DRKENAI SPUR HWYCANDLELIGHT DRSHELIKOF ST.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 PZ2021-44 –Conditional Use Permit –Standard Marijuana Cultivation Facility 8847 Kenai Spur Highway 1 SUMMARY 2 Applicant:Nicholas Mann 140 Bidarka Street #1342 Kenai, Alaska 99611 Legal Description: Lot 1, Yragui Subdivision Property Address: 8847 Kenai Spur Highway KPB Parcel No: 04510012 Lot Size:1.58 Acres (68,824 square feet) Existing Zoning: General Commercial Current Land Use: General Commercial Land Use Plan: Central Commercial SUMMARY 3 The applicant, Nicholas Mann, has submitted a conditional use permit application for a Standard Marijuana Cultivation Facility at 8847 Kenai Spur Highway. Per Kenai Municipal Code 14.22.010 Land use table, a Standard Marijuana Cultivation Facility use requires a conditional use permit in the General Commercial zoning district. SITE PLAN Site plan of 8847 Kenai Spur Highway 4 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. Recommended condition #4 states that “Standards for commercial marijuana establishments per KMC14.20.330 must be maintained.” 5 500 FOOT BUFFER MAP 6 1,000 FOOT BUFFER MAP 7 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: 8 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. 9 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. 10 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. 11 ATTACHMENTS A. Application B. Draft Site Plan C. Aerial Map D. KMC14.20.330 Standards for commercial marijuana establishments 12 A. APPLICATION 13 B. SITE PLAN 14 C. AERIAL MAP 15 D. KMC14.20.330 STANDARDS FOR COMMERCIAL MARIJUANA ESTABLISHMENTS 16