Loading...
HomeMy WebLinkAboutResolution No. PZ2024-12KENAI CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ2024-12 A RESOLUTION GRANTING AN AMENDMENT TO CONDITIONAL USE PERMIT TO ALLOW AN APPROXIMATELY 155 SQUARE FOOT RETAIL MARIJUANA STORE WITHIN THE EXISTING MARIJUANA CULTIVATION FACILITY (PZ2021-44). APPLICANT: Nicholas Mann PROPERTY OWNERS: Jeremy Uei and Katherine Uei BUILDING ADDRESS: 8847 Kenai Spur Highway LEGAL DESCRIPTION: Lot 1, of Yragui Subdivision KPB PARCEL ID: 04510012 WHEREAS, a complete application meeting the requirements of Kenai Municipal Code 14.20.150 was submitted to the City on April 18, 2024; and, WHEREAS, the applicant has demonstrated 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 May 22, 2024, following requirements outlined in Kenai Municipal Code Sections 14.20.280 and 14.20.330(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, Findings: The proposed use is consistent with the purpose of the Kenai Zoning Code and Land Use Table. The marijuana cultivation facility was granted with an approved CUP and the new request to allow the operation of retail marijuana store would further promote the broad range of commercial uses in the surrounding area. The CG Zone is established 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 Resolution No. PZ2024-12 Page 2 of 5 for commercial purposes, and because a commercial zone is not suited to the uses excluded above. The existing marijuana cultivation has been operating for over a year without any code violations. A zoning complaint was submitted in August 2023 regarding the odor and unsecured building; however, the City and Alcohol and Marijuana Control Office (AMCO) conduct separate investigations and did not find or discover any issues with code compliance. Therefore, it was unfounded. As noted by the applicant, the existing site generates a large amount of [consumer] traffic and this proposed use would align with the existing retail and service establishments on the premises. Furthermore, a commercial marijuana establishment must comply with KMC 14.20.330 Standards for Commercial Marijuana Establishment, such as buffering requirements, as noted below. 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 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. The buffer maps for 500 feet and 1,000 feet show compliance with the provisions noted above. Within the 500-foot buffer, the existing land uses table (see attachment) does not identify any institutional uses. However, two (2) commercial uses were identified, one (1) located at the subject property and the other adjacent to the subject property, located 1205 Aliak Drive, as shown in the Table 1 below. However, 1205 Aliak Drive is vacant. The identified commercial uses are general commercial uses; therefore, the proposed retail marijuana store is located outside the 500-foot buffer from 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. Resolution No. PZ2024-12 Page 3of5 Table 1 500-foot Buffer - Commercial Land Uses ,,PARCEL -ID PHYSICAL -ADDRESSES OWNER WN TYPE USE TYPE 04510012 8887 KENAI SPUR HWY, UEI JEREMY F Private Commercial 8867 KENAI SPUR HWY, 8847 KENAI SPUR HWY 04510020 1205 ALIAK DR SEE CHARLES L Private Commercial & PATRICIA G Within the 1,000-foot buffer, the existing land uses table (see attachment) does not identify any institutional uses. Therefore, the proposed retail marijuana store is located outside the 1,000-foot buffer from any primary and secondary schools (K-12). 2. KMC 14.20.150(d)(2) The economic and noneconomic value of the adjoining property and neighborhood will not be significantly impaired; Findings: The economic and noneconomic value of adjacent properties would not be adversely affected by the proposal. The operation of any commercial marijuana establishment is subject to KMC as well as AMCO standards and any code violations may be subject to the revocation of the CUP. A retail store would generate commercial activity on the commercial premises. There is existing fencing between the commercial premises and residential uses. Since its operation in March 2023, there has not been any code violations. A retail use would be consistent with the existing commercial development. 3. KMC 14.20.150(d)(3) The proposed use is in harmony with the Comprehensive Plan; Findings: The Land Use Plan, from the 2016 Comprehensive Plan, identifies the subject property with the Central Commercial (CC) land use classification. The CC 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. Buffers or buffer zones between commercial uses and adjacent non-commercial uses are desirable. The subject property is surrounded by Kenai Spur Highway to the west, vacant commercial lot and residential uses to the south, vacant residential lot to the east, and a vacant lot to the north. The proposed use would be consistent with the existing commercial development on the subject property. Mitigation measures and buffers were reviewed and considered in the approved CUP (PZ2021-44) for the marijuana cultivation facility. Staff finds the proposed use does not require additional mitigation measures or buffers since there are not any new adverse impacts to consider between the building and surrounding uses. Resolution No. PZ2024-12 Page 4 of 5 KtLEVEN f GOALS In Imagine Kenai 2030 Comprehensive Plan, Chapter 6, "Goals, Objectives, and Implementation", several goals and objectives are met from the proposed use. Goal 1 — Quality of Life is to promote and encourage quality of life in Kenai. Obiective Q-1 Establish siting and design standards so that development is in harmony and scale with surrounding uses. Goal 2 — Provide economic development to support the fiscal health of Kenai. Goal 3 — Land Use is to develop land use strategies to implement a forward -looking approach to community growth and development. Obiective LU-1 Establish siting and design standards so that development is in harmony and scale with surrounding uses. 4. KMC 14.20.150(d)(4) Public services and facilities are adequate to serve the proposed use; Findings: City water and sewer are available along Candlelight Drive, which is a City - maintained road. The primary access is off of Kenai Spur Highway, a State -maintained right-of-way. The approximately 4770-square foot building requires 1 space per 2,000 square feet for warehouse with retail use; however, a minimum of four (4) spaces must be provided. Therefore, the proposed use would not require additional parking spaces. Staff finds that there are adequate public services and facilities to serve the proposed use. 5. KMC 14.150(d)(5) The proposed use will not be harmful to the public safety, health or welfare; Findings: There are adequate services, access, and parking to serve the existing uses and proposed use on the subject property. Staff finds the proposed use would not adversely impact the public safety, health or welfare. 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. Findin s: No additional or specific conditions are deemed necessary to fulfill the above - mentioned criteria. NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA: Section 1. That an amendment to the conditional use permit is granted for the operation of an approximately 155 square foot retail marijuana store within the existing marijuana cultivation facility (PZ2021-44) on Lot 1, Yragui Subdivision, located at 8847 Kenai Spur Highway. Resolution No. PZ2024-12 Page 5 of 5 Section 2. That the amendment to the conditional use permit is subject to the original conditions in the CUP (Resolution No. PZ2021-44) and the following condition: 1. Any development or use of the property shall comply with all applicable Federal, State of Alaska, and City regulations regardless of whether or not the requirements are listed as conditions for the approval of the Conditional Use Permit. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, THIS 29TH DAY OF MAY, 2024. l � J J LSTEAD, CHAIRPERSON ATTEST: Meghan Thrbodeau, Deputy City Clerk ' STAFF REPORT �. PLANNING &ZONING DEPARTMENT KENI TO: Planning and Zoning Commission FROM: Linda Mitchell, Planning Director DATE: May 24, 2024 SUBJECT: Resolution PZ2024-12 — Conditional Use Permit Amendment to Allow a Retail Marijuana Store within the Existing Marijuana Cultivation Facility (PZ2021-44) Request The applicant is requesting to establish a retail marijuana store in conjunction with the existing marijuana cultivation facility. Staff Adopt Resolution PZ2024-12 approving an amendment to the Recommendation Conditional Use Permit for the operation of an approximately 155 square foot retail marijuana store within the existing marijuana cultivation facility (PZ2021-44). Applicant Nicholas Mann Property Owners Jeremy Uei and Katherine Uei Legal Description Lot 1, Yragui Subdivision Building Address 8847 Kenai Spur Highway KPB Parcel ID 04510012 Lot Size (acreage) 1.58 Zoning General Commercial (CG) Current Property Retail and Service Establishments, Wholesale Use Current Building Marijuana Cultivation Facility (PZ2021-44) Use Land Use Plan Central Commercial (CC) SUMMARY The Planning and Zoning Commission granted a Conditional Use Permit (PZ2021-44) for Standard Marijuana Cultivation Facility on a property described as Lot 1, of Yragui Subdivision, located at 8847 Kenai Spur Highway. The same applicant, as the original Conditional Use Permit (CUP) is requesting to establish a retail marijuana store within the existing marijuana cultivation facility. The proposed retail store will be approximately 155 square feet and located in the northwest corner of the subject building. ANALYSIS 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. Prior to granting a conditional use permit or amendment, the Commission shall determine that the identified criteria as outlined in KMC 14.20.150(e) Conditional Use Permits Review Criteria are met. Criteria 9: The use is consistent with the purpose of this chapter and the purposes and intent of the zoning district. Findings The proposed use is consistent with the purpose of the Kenai Zoning Code and Land Use Table. The marijuana cultivation facility was granted with an approved CUP and the new request to allow the operation of retail marijuana store would further promote the broad range of commercial uses in the surrounding area. The CG Zone is established 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. The existing marijuana cultivation has been operating for over a year without any code violations. A zoning complaint was submitted in August 2023 regarding the odor and unsecured building; however, the City and Alcohol and Marijuana Control Office (AMCO) conduct separate investigations and did not find or discover any issues with code compliance. Therefore, it was unfounded. As noted by the applicant, the existing site generates a large amount of [consumer] traffic and this proposed use would align with the existing retail and service establishments on the premises. Furthermore, a commercial marijuana establishment must comply with KMC 14.20.330 Standards for Commercial Marijuana Establishment, such as buffering requirements, as noted below. No portion of a parcel upon which any commercial marijuana establishment is located shall be permitted within the following buffer distances: Resolution PZ2024-12 Conditional Use Permit Amendment Retail Marijuana Store within Existing Marijuana Cultivation Facility (PZ2021-44) Page 2 of 6 (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 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. The buffer maps for 500 feet and 1,000 feet show compliance with the provisions noted above. Within the 500-foot buffer, the existing land uses table (see attachment) does not identify any institutional uses. However, two (2) commercial uses were identified, one (1) located at the subject property and the other adjacent to the subject property, located 1205 Aliak Drive, as shown in the Table 1 below. However, 1205 Aliak Drive is vacant. The identified commercial uses are general commercial uses; therefore, the proposed retail marijuana store is located outside the 500-foot buffer from 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. Table 1 5c :'c_lLuffer- Land Uses PARCEL. ID PHYSICAL —ADDRESSES 04510012 8887 KENAI SPUR HWY, 8867 KENAI SPUR HWY, 8847 KENAI SPUR HWY 04510020 1205 ALIAK DR OWNER OWN —TYPE ' USE TYPE UEI JEREMY F Private i Commercial SEE CHARLES L Private Commercial & PATRICIA G 1 Within the 1,000-foot buffer, the existing land uses table (see attachment) does not identify any institutional uses. Therefore, the proposed retail marijuana store is located outside the 1,000-foot buffer from any primary and secondary schools (K-12). Criteria 2: The economic and noneconomic value of the adjoining property and neighborhood will not be significantly impaired. Finding The economic and noneconomic value of adjacent properties would not be adversely affected by the proposal. The operation of any commercial marijuana establishment is subject to KMC as well as AMCO standards and any code violations may be subject to the revocation of the CUP. A retail store would generate commercial activity on the commercial premises. There is existing fencing between the commercial premises Resolution PZ2024-12 Conditional Use Permit Amendment Retail Marijuana Store within Existing Marijuana Cultivation Facility (PZ2021-44) Page 3 of 6 and residential uses. Since its operation in March 2023, there has not been any code violations. A retail use would be consistent with the existing commercial development. Criteria 3: The proposed use is in harmony with the Comprehensive Plan. Findings: The Land Use Plan, from the 2016 Comprehensive Plan, identifies the subject property with the Central Commercial (CC) land use classification. The CC 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. Buffers or buffer zones between commercial uses and adjacent non-commercial uses are desirable. The subject property is surrounded by Kenai Spur Highway to the west, vacant commercial lot and residential uses to the south, vacant residential lot to the east, and a vacant lot to the north. The proposed use would be consistent with the existing commercial development on the subject property. Mitigation measures and buffers were reviewed and considered in the approved CUP (PZ2021-44) for the marijuana cultivation facility. Staff finds the proposed use does not require additional mitigation measures or buffers since there are not any new adverse impacts to consider between the building and surrounding uses. RELEVENT GOALS In imagine Kenai 2030 Comprehensive Plan, Chapter 6, "Goals, Objectives, and Implementation", several goals and objectives are met from the proposed use. Goal 1 — Quality of Life is to promote and encourage quality of life in Kenai. Objective 0-1 Establish siting and design standards so that development is in harmony and scale with surrounding uses. Goal 2 — Provide economic development to support the fiscal health of Kenai. Goal 3 — Land Use is to develop land use strategies to implement a forward -looking approach to community growth and development. Obiective LU-1 Establish siting and design standards so that development is in harmony and scale with surrounding uses. Resolution PZ2024-12 Conditional Use Permit Amendment Retail Marijuana Store within Existing Marijuana Cultivation Facility (PZ2021-44) Page 4 of 6 Criteria 4: Public services and facilities are adequate to serve the proposed use. Findings: City water and sewer are available along Candlelight Drive, which is a City - maintained road. The primary access is off of Kenai Spur Highway, a State -maintained right-of-way. The approximately 4770-square foot building requires 1 space per 2,000 square feet for warehouse with retail use; however, a minimum of four (4) spaces must be provided. Therefore, the proposed use would not require additional parking spaces. Staff finds that there are adequate public services and facilities to serve the proposed use. Criteria 5: The proposed use will not be harmful to the public safety, health or welfare. Findings: There are adequate services, access, and parking to serve the existing uses and proposed use on the subject property. Staff finds the proposed use would not adversely impact the public safety, health or welfare. Criteria 6: Any and all specific conditions deemed necessary by the Commission to fulfill the above -mentioned conditions. 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. Findings: No additional or specific conditions are deemed necessary to fulfill the above - mentioned criteria. PUBLIC NOTICE Pursuant to Kenai Municipal Code 14.20.330(c) notices of the public hearing for the conditional use permit amendment to allow a retail marijuana store were mailed to property owners within a five hundred -foot (500') periphery of the subject property or expanded until a minimum of 30 different property owners are available for notification. City staff published notice of the public hearing in the Peninsula Clarion at least seven (7) days prior to the date of the hearing. City staff submitted an Affidavit of Posting verifying a sign was placed on the parcel with information on the public hearing for the conditional use permit amendment request. As of the date of this staff report, no public comments have been received. STAFF RECOMMENDATION Staff finds that the proposed amendment to the CUP for the operation of an approximately 155 square foot retail marijuana store within the existing marijuana cultivation facility (PZ2021-44) on Lot 1, Yragui Subdivision, located at 8847 Kenai Spur Highway meets the criteria and conditions for issuance of a Conditional Use Permit as set forth in subsections (e)(1) through (e)(6) of Kenai Municipal Code (KMC) 14.20.150 and KMC 14.20.330 Standards for Commercial Marijuana Establishments, and hereby recommends that the Planning and Zoning Commission adopt Resolution PZ2024-12 approving the amendment to the Conditional Use Permit, subject to the original conditions in CUP (Resolution PZ2021-44) and the following condition: 1. Any development or use of the property shall comply with all applicable Federal, State of Alaska, and City regulations regardless of whether or not the requirements are listed as conditions for the approval of the Conditional Use Permit. Resolution PZ2024-12 Conditional Use Permit Amendment Retail Marijuana Store within Existing Marijuana Cultivation Facility (PZ2021-44) Page 5 of 6 ATTACHMENT'S Aerial Map Application Buffer Maps Land Uses within Buffers Table Floor Plan Resolution PZ2021-44 Resolution PZ2024-12 Conditional Use Permit Amendment Retail Marijuana Store within Existing Marijuana Cultivation Facility (PZ2021-44) Page 6 of 6 Resolution No. PZ2024-12 KENAI N Conditional Use Permit Amendment Retail Marijuana Store 8847 Kenai Spur Highway KPB Parcel ID: 04510012 Date Printed: 5/26/2024 Map for Reference Only NOT A LEGAL DOCUMENT 0 125 250 500 Feet Zoning Rural Residential (RR) Rural Residential 1 (RR-1) E Suburban Residential (RS) Limited Commercial (LC) General Commercial (CG) .. City of Kenai Planning and Zoning Dopartment Conditional Use Permit 210 Fidalgo Avenue Kenai, AK 99611 Application: (907) 283-8200 planning@kenai.city www.kenai.city/planning _O, t Name: A2 q L Mailing Address: j W i L�—OW City: ,, ��, ( State: I Alt„ Zip Code: Rhone Number(s): q0 7 30(.9 3< (a F Email: C CtA 140-r#Agl t- . Co LAA ..BLANK IF NONE) Name: lU40 5 MIQUO (Nailing Address: !jQu -51- 13 Z City: Op- I IState: A&A-*A JZip Code: q6 j Phone Number(s): .Email: s rL lFo Iz D 1lucJ �s Twl C NTS , l_L.C. G,wt►4l L • C� r� PROPERTYr ■ Kenai Peninsula Borough Parcel # (Property Tax ID): oq S ao T Physical Address: ICl:,N t41 -SQv � Legal Description: >;11 w 56c-TIoN 34' (cWatzo €R1DIAO I�u 03o(.4 c�u e)L of T1' Zoning: Acres: CONDITIONAL USE DESCRIPTION (include site .. .. ages) JJJjjW (include State Business• i.TaxCompliance How is this property currently being used? MARI'SvA N A 64-o ,,,) Conditional Use Requested for (attach additional sheets if necessary): MA- q-quotQA �z-FTo-l(-_- Explain how the conditional use is consistent with purposes and intent of the zoning district of the property: Lv (,� I u� TI o N r Teo P e-(L r L� b(A S t_A R-& F 14 we 0 U P T-5 1time iy,20,IS�+1t-I,z2,ota+ttt.2a,33v Explain how the value of adjoining property and neighborhood will not be significantly impaired by the conditional use: NDor DA{ �X I S r►�aG ��J�r,zl- I,Fd c, ' VLTiPLf- ^rczaFF14- f5usiwr�ss�s, 6tJp prLt T-r4gFF,C XIrS Vit'E6TLY OP-M, rKe k`F_P4-1 5Pvl- Kt6,14wAY, Aq !RUILD/0G, rS aP�0S1-t-f= TKO a?K�it 9USI)oF_SS S, Sc rK��E �s �4FN7f a� SP cJ; t�1z oct R�toc.� ►�4IV 0 0G¢t Ivcn G 1LI,To,-3 Go&NT NJ SM-f_C..f 0PS Ir— C-0NSUr-4P 10N1 073t<F_ MrA-izt��ANf} Rc--rtuI7�7 Use of surrounding property - north:. :�{ t (n S I p T' i A-L Use of surrounding property - south: L Use of surrounding property - east: A __ Use of surrounding property - west: LM -,CJ-0 PL50, Explain how the conditional use is in harmony with the City's Comprehensive Plan: (�F�gvQ-Pc�St8J&j 6j,D L) ()L) -f-IAL_ CR,-Tu t�-t*S'A 'fr2-0v t P I FJG, F(((,%tA P►R�IN�n, SCR J�+WN�N ti CBS (GOA-C..2- G^c0Pav—(cr 1DEL)ELzPe4GN?) Are public services and facilities on the property adequate to serve the proposed conditional use? gF1j, P-0 VLAOR-F, (Zf-O'J1 -F7 TK4\3 tS 01-RGe+DV I3Iripen USGD Explain how the conditional use will not be harmful to public safety, health, or welfare: A'L-L tPrc-T I FJ I T I S FO (L L 13 E Co N C T F p 10 14-Cc a 1Z D AIJ[-[- w IT 11 A-L, L. RV (ZL I L►�c Pa� L-A LJ S N o �.FC�, U L � � c9 5-1 G �' N ' ' T F 0 N w I L� Pe CovFnPC F_ r"F_0 10 Zl"5T !`I fF_W D�,� 5 Co mPLOTFF�_V INP"o(z.s �w�},� Flow ?u tint L Vkf ua 00 W'r_L '3t= izv vcF7, 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? vet VA N i 1A IPrL L©� e?--oV_Ic_� Rrrff+4,t.. .,IiF P���? Y i5 AI-P—E r y Ff-P(_GP a4CA�'',�FJ��w+�� HrLL rs-5, 1FNI� 'A_ cL. rf�Ar-FrL +5 SUt��duND�►N(ny� N y .iA�, PF (Z-9.i.T E D R� r ` -( p_o {A/t. 1 nl� �% �rN� YT �- /"rR 4aV� � AUTHORITY TO APPLY FOR CONDITIONAL USE: hereby certify that (1 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 this 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 postponed by Planning Department staff of the Planning and Zoning Commission for administrative reasons. 1 understand that a site visit may be required to process this application. City of Kenai personnel are authorized to access the above -referenced property for the purpose of processing this application. Signature: Date: ILI/N i2q Print Name: tj l&;.toI_*5 A-pN+ Title/Business: j6wjjj^ri4A-C.k�Lr--F For City Use Only Date Application Fee Received: PZ Resolution Number: I E E 6 O Q O o C O O O V �i •tp > C N y .L N C N C al io d 2 0 l7 v l7 o p cu "o E -0 .� lcca 3 m rn a� iv -a ' ai c Y tf O ccap G cap C G J0 .? J aJ y 7 CL H CL elf E E■■■ ■a■ ■■ J ~ a oy } w i 4 r r ff �1 Eco T CL Ln Mp co J ♦ � l a• � m E w G To O LL O � �'� i,'�r+F-•41' -? 'A.+'w� � arm. 1W "; ' :'C Via' *� �.ff _• y y" .- ,.. �; r °� , I I �• , � � 3° N IL N° E :EE2 LL 1. CD LddL Ln M N !'k � E 1pp C 't Arm w zvG J a v O 2 c d O O C O -O O0 O` O = E E C E 3 i w N N � ,Q te• d H N 0 dN' W M M N vdf a =tf o m CL M co oC CCv7 ce ■■■ ■r■ on O v Cuuj " « 0000 4 y M o -o 00 + E c N 'v moo L L E rn `o 0 O�/ m LL- D - W C d J V I C « C W wEo « o L ° C T LL LL W aa 0 0 ° OE E o O �F ` w m ji•. o E O c �• O N � m 9 o "2 m E _ 'Q a vd� xa v°m ••R O w« J O °i .5 6 E L w � Y A .� C L E � vai w3 v � r w o � 9 « L O m Q m 2 A E o o_5 zv 5 ly O O O O O O O O pp O O O O O O O O O O OO O V ro! a lOO L N o R V 0 r VOl m OOl L O a N N N m N N M a 0 a N n a a a N O 0 O N N 0 0 0 0 0 0 0 .-1 .y N O S a ti Y N r oao N0 ti O 2 Q r z 5 Fa- O O O O O O O O O Z N Z 00 m m m m m m m m m O r u�i N N N ✓=i i=/1 N N N W W W W W W W W W p 0 a> a> a>> a a m o s a z a s a_ aaa a_ a a_ a O W z g N > U ti J J J F o w 0 3 Z M M K Q K K OC K OOC K K V O N N o m m m m m m m Z 0 0 0 0 0 0 0 0 0 0 o x x N 0 0 0 0 0 0 0 0 0 0 o r r r a m a s aaa aaa a > a m ti m O O m m m m rn m m m m O x O O w O Ur O O O O O O O O aO N N r u Z N Z Z Z z Z Z z z z z z z z z Z Z z Z Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Z Z Z Z Z Z z Z Z Z Z z z z z z z z a a a a a a a a a a a a a a a Q a a - - - - - - - - - - - - - - - - - - p O O p p p p p p p p p p p p p p p - - - - - - - - - - - - - - - - - - ¢ p p O p p p p p p p p p p p p p p 0 a a a a a a a a a a a a a a a a a a 333333333333333333 W W W W W W W W W W W W W W W W W N N N N N N N N N N N N N N N N N N a a a a a a a a a a a a a a a a a a M m m M M M M M U M M M M M m M M M w w w U U W U U U U U U V U U U U U U w w w w w w w w w� N w N N N N VI N N N N VI IA N V1 N N 333333333333333333 zzzzzzzzzzzzzzzzzz m� m m m m m to In � m m m m r r r r r r r r r r r r r r r r r r ----- - - �' C C C C C C C C C ; w J a 3 > i a O a L a` W a` a` a` W` L a` W` a` a` a` a` a` in In 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 m M IO N a 0 0 0 0 a m iD m m m a m 0N N N N N a Of l0 O N N rl rl fi m ri . m O O O O a 0 0 N O a O O a O0 0 0 Na a ti N D O p r r 'i N m a N l0 0 o r r r r r r 0 0 0 0 0 a ti N M z Z z z z z ZZZOO r r r r n 0 o 0 0 0 m z z z a a o 0 0 o a a a 0 a a r r 0 0 0 W W Q a 6 a¢ a 00 2 4 4 4 N N ti O O O O Q Q a a a a m m m m m j j 3 z z z Z a Q a Q Q Q •J• •,. VI N N N N N N I/l m m m m m m m m m m K K \ 17/1 I=/1 I=/1 1=/1 N N N N N N 0 V < Q a Q Q 4 2 2 Z U U V U a Q a Q a Q zzzzzUua+ ¢¢¢a v1D1 vtDi w as a m m m m n n n n n n 0 0 0 0 0 0 o z o 0 0 0 0 0 0 0 0 0 m m m N N m m 5 N 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 M M W M 0 0 w ro m omo N N N N N N N 0Z O O O O O O O O O O z Z Z Z Z Z Z Z z z Z z Z Z Z Z z z Z Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y. Y z z z- Z Z z Z z z Z z Z Z Z Z z Z Z Z a¢ a - - - a -a - - - Q a a a a a a a a a a - p p p p p p p p p p O p p p p p p p 0 - - - - - - - - - - - - - - - - - - - oc p p p p p p p O p p p p p p p p p p p a a a a a a a a a a a a a a a a a a 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 W W W W W W W W W W W W W W W W W W N N N N N N N N N N N N N N N N N N N a a a a a a a a a a a a a m m m m a aaa m m m m m m m m m m m m m m m m m w w w w w UUUUUUU UUU w w w w N N N Vf N N VI N N N N N N N Vl N N N N 3333333333333333333 oc�zz�m Z z z z z z z z z z z z z z z z z z z z��oc¢¢sz¢z¢mrc m m m to to m lrr to lu m to In • m m to to le m m r r r r r r r r r r r r r r r r r r r E c c c EMMM:272 E 3 ua-ov-ov v ,�vv v v v v v v v v v v v v v v v v v v N N T T T 10 41 A N N 10 A A@ R N 0 O F a h QYQ Y Y V U S x a Z 3tf-raQ01 0 s p tyida=m z 3w N U Ni a� p ab N Z p O a 0 Z p J J V f w Z w Q > LL w w a w> a> YID I $= u g w Y 0 Ur m Y U r N w a p Y Z w Z N U U O z= W a Q 55uWMWNin=¢a�dodm33�w a > z 3 Y x n ¢ m D m a m N t$t$ s z ¢ s � 2 x 2 2� S 2 2 a= Y 2 a a a s z z J J J� K J Y K z z m J x m n x m x x x? J J a l 0 a 0 0 0 a i p a d a a a p w a m C C aC at C a U' O O a K N p p ¢� ¢ O Q O O O a¢ O¢ a Q¢ a 0 a¢ y Y Y Y Y Y Q Y p Y Y 0 0 Q o3lz,333 w 1z,3wwwww 3 o zw3zaaMwZ:3 zz3MM�.,33 U ly Z y Z Z Z Y pc Y}p ? Y GQ Yp Y Y Y? W Q Y x Q 4 4 Q a¢ Y d S a a a Z 4 4 2 Z Z rl rl n rl ti m 1� O m OD Ol n O 'O-I Ln z UO m L O N�� N N O 1(JJ, O 6 m m � n n m a n m w m m m b .a Z N m N N rl H ti Ol a V H a a a N It It a p N rl N M a N m n m 01 O N N {O a M n N ID n m Ol O N M O 'i N M N O m m m Jl O O O O O Om 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 cc0000000000a200a0 a o.o..o..o.-.o.o.-----I.N..N..N..Ni�.Ni.N.ti Q• N N N N N N N N IA N N Yf N N N N N N I!1 N N N N N Ifl N Ill N N N N N N N N N N a o 0 0 0 0 0 0 0 0 0 0 0 o g o o o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N^ N m 0 0 0 o N g N o N m voi c o o o N o m m a o 0 0 0 0 o N oe om N o vooi �o v c o a a vi ry ."-� N ry m vi ui m n n voi coo vi o .i o 0 0 0 0 0 o c d c o ri o 0 x N a 7 W N Y q O Y N N N N Z _ ¢ ,-1 2 0 O OO z .. ... ... ... ... iv�i O z z uj Z LL h N ❑ ❑ ❑ ❑ < Y } } } Y > Y > O 5 w z z z z '" a a a a a a a a a 7 N c� a s o o w w o 3 uuuzzzzmmZ zrccz¢c�zz`i" Oe zm m m m m m mmm m m 0$ 6 p m p �5oaoom8�55�8 0000008oa5��5�o-0 o W a m m m ¢ c v a a c v v a 7 a o N o 0 O w C Z o 0 0 0 0 0 00 0 zzYzzzzzzazeZxxxzzzzzzzzzz yYYZZYYy Y Z. Z. Y Y Y Y Y Y Y Y Z Z z Z Z z Z Z Z Z Z z Z Z Z Z Z Z z z Z Z Z Z Z Z Z Z z Z z Q a aaa ¢ a a a a a a a a a a a a a a a a a a a a a a a a a a Z o 0 0 8 0 0 0 o S S o S S 8 S 8 5 o c 5 5 5 c o 0 8 0 5 o S S ¢ ¢ ¢ ¢ m ¢ ¢ ¢ ¢ z ¢ ¢ ¢ ¢ a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a w 3 3 3 W 3 3 3 3 3 W 3 3 3 3 W w W W w w 3 3 3 3 3 3 w 3 3 3 w w w www www V uui w w w w w u w w w w w w w w w w w w w w _ LU z Z z Z Z z z z Z Z Z Z Z z Z Z Z Z z Z Z z Z z Z Z Z Z z z Z m m . m m m m . . .. . .. . . . . m m . 3 W x d ~ O Q O 0 a LL H W p O O S m m m 0 0 0 m 5 o a a a ¢ O O Z F- c m O Y J o 0 0 z 0 0 O O O o o t7 0 0 O m N m O Z Z ❑ O z z 2 Q Q ry ry .ai ri Z. H H H N v7i ,7ii H H H a❑ O 0 o z a o 0 0 o u g q ❑ S S w z Z N V 0 F O O O z z rc ¢ Y Y N N o 3 3 x b y zz zz z z w a a 5 N ❑❑ m m m m m N ¢ 5 000 \ c 7 0 0 0 0 0 0 N 7 7 7> 7 7 7 7 7¢¢ O O LL N p p� ,/� Y Y Y Y Y m VI N N t�t�o0t�77S 33N LLr zi�ciu�cW.��}} s c c c x x zy�y \ � g,ixi�vxih vxi ,ixiaaaa��� R C m m m ZO Q 0 0 0 0 o w w F 5 0 0 N l7 .n. .n-i .n. o 0 0 0 0 0 0 0 o m o¢ m m c c c c m m m m m m r0i N r0i ry o N p O o m 0 0 rc o 0 0 0 n n n n n n n m m l7 o z z z o 0 0 0 0 0 0 0 0 0 0 0 0 0 z z z z z z z z z z z z z z z Y z z z z z Y Y Y Y Y Y zz zz Y Y Y Y Y Y Y Y Y Y Y Y Y Z z Z z Z Z Z z z Z z z z z z z Z Z Z z Z z Z z z Z Z Z z a a a a a a a a a a< a a a a a a a a¢ a a a Q a a a Q a 5 0 0 0 8 S o o m c e S o 0 0 o S o 0 5 5 0 0 0 0 0 0 0 0 ❑ ❑ ❑ ❑ ❑ ❑ ❑ a3 ¢a3 ¢a3 ¢3 a3 aw ¢3 .W ¢❑w ¢❑W a❑w Wo 3❑ 3. a❑3 a❑3 ¢❑3 ¢❑3 ¢❑a3 ¢ a a a❑a3 p¢Wa ❑a3 a❑¢ a❑¢ a❑¢ ❑¢aW a❑¢ a❑ ❑¢a 3 ywj ywj Vwf vl VWI VWI VWI vWl N N ,W/1 N m m m m m m m M m m m mmm r� m m mmm rqi m m r�i m u m r uui uui uui V w w w w w w w w w w U.w w w w Ed w w w w w w w u w N N. ,W/1 m VI VI VI N N UI V1 t/� N N N N VI VI N VI VI VI m N ZzzzzZZzZZZZZZZ ZZZZZZ�eziz;z . . . . ... . . . . . . . m .. m _ _ _ - - - - - - - - - - - - - - - 'P - - - - - o` o dw" v m w w > > z c m m ¢ ¢ z > > > ¢ ¢ > s ¢ >' > u z s c u > > c z > > c ¢ a c > > ¢ > R a` a` a` a` w a` m m a w w w w a` a` i � a � z 0 0 2 F 0 7 F a 7 9 J a a a W - J N F x � G ¢ 7 ID x x Y x x w w w 0 zc9 z .�❑ W w W ou woo �zz �0 G uu a W�r,a., ¢N as a a� 3Q�z^,��wa » o a WOO z z �� 0.0< ¢ 0� m w o W W� w g > � N= a < a o x u a J a w 0 Z ¢ z= S 3 3 a w❑ ,a k 3 z �w ��ifal7QmQIn wx¢ z W W w�Y�Ya o❑a W W C V Z a y N¢ Y Z a 1 6 H m F Z w N yo�°a urczuaa c m W Z¢ w¢ ❑ w 77�W z zzg5 g Z z❑} W p rG W Y Y❑ Q w u Q u u W u V z Oj z w u U' w w "' a w¢ O¢ w❑ Z x v~i 3 W W z 3 ax } N j V uzi N w Z ac O l7 QV' W x as a 17 z¢ Q} 7 0 0 0❑ w w z yxj z u Z O a u,0owwo0 0 ❑x wZNzaa ¢azNz WD Y Z Y Y Y Y Y O w W> Y a> V u K a} m= Y O a Z 0} Y ,,,zz W p p T Z w W w Z m a Z N x O❑ 7 a Z w❑ V a V 0 3 Q y OV 2 2 2 2 2 2 2 l7 c Y 2 2 2 J vai ¢ 2 2 3 2 m> Y PJ 2 a 7 7 l7 z m uwi vwf Y S v~i 2 Q V a m Y Y Q 6 1❑ 2 1 a0 } 3 x a z Z o 00 z r m z z J ¢ Z Z J¢¢ Z¢¢¢¢¢ m Z = _ ¢ z Z¢ 2 2 2 2 2 Z Z F N r 2 2 ❑ u~i ❑ ❑ h d O ❑ ❑ H a ❑ 6 1 v7wi 6 i a p ¢ ¢ 6 C ¢ ¢ ¢ ¢ a 7 ❑ ❑ u7ai V V (7 ❑ ❑ O O ? 'n ¢ 2 t7 Z ❑ ¢ o >> o>>> o o 0 0 o^ ^^> o❑❑> w^ w 0 p p p p^ 0 o w W W 0 3 0 0 o a a o❑ w J o❑ O aaa p a a a 0 a a o 0 0¢ a o¢ a a a a a a o Y Y a ¢¢ Y Y Y Y a Q O O Q o 0 0 o Y a Y Y Q o Y g z x x g x x x 3 ,z z 3 3 3 z w 3 w z z z W x W 3 Q_ a x z z W z a a a a a W w 3 ;zzzz 3 0 3 3 3 a¢ z z 4 3 a Z U D O Z O O O Z Y Y 2 Z Z Y Y Z Y Y Y Y Y Z Q q Y Y Q Q Q Q a Y Y z Z y a a a Z O Z Z Z N N Y N Q Q a Y z 6 Z mo N ry m e m o m ui o 2 s r r .. o g J o n J `a o �n m znn."+."i�."+�.+nw`�m nnnwono n z ?v gaaae�a.N+aa�a.i N mmo..N��v�.i rvonm�vimrm�ry N av+m n ��mnmmooNa�nn mm .+��nm�m�o.+ m�nmo O O N a o 0 N O O O N N O O ,-I ei ei N 0 0 0 N N N N N m 0 0 0 0 0 0 0 0 0 0 0 0 O o 0 0 0 0 0 0 0 O 0O O O O O N N N O O O O N O O O O O N O N ao eo m m m m m a+ m g o 0 0 0 0 0. ti . . . 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o 0 0 0 0 0 0 0 VI N H SaN SS9N 9SN a8V1 VI Y1 Y1 N � �!1 N V1 '� •i •i ,y .-� ti •� .i N Y1 ul N N � h m h g9ffi88�gggSgSSSSS�SSSSSSg ��98S99R,RE9 S 888SSS8oSSSSSS ........ o .... on ... .0..88 .+ o 0 0 8 8 ... coo ...... �'°f�Ncw ow . . . . . . . . . . . . . . . . . . 1�1 M ry H H H H H H F F F H O O O O p 9 q 9 Z z Z Z Z z z ei •+ O D O O z z z m m a a a z p z z m m a a a a s c c ac c c m m\ a a F Q Q Q Q ... W W N N •i W W W z Z Z Z Z Z Z a¢ a¢ O O O O O O D w w a Q a a mmmu VuuV V www v�i H H H U V U V V V U S S N Q Q Q Q a a a n a i i n n n n N ry r r ry r r m m o 0 0 Z Z Z Z Z Z Z Z Z Z Z Z Z 2 z z z Z Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Z Z z Z Z z Z z Z z z z z z z zz Q Q Q Q Q Q Q Q Q Q a Q a Q Q Q Z co000000oSSo0ogc5Z c c c c c c z c c c c c c c c c z c c c c c a a a c 3 T M M Ref M M M M teif M T rt1 Hf /fi M W W W W W W W W W W W W W W W W Vwi W N . c c c ........... c ... c z Z Z c z z z z z z z z z z z z z z .. w z m m Z Z c c c c e •c c ec "" o N c v q :R M :2 '2 v v w d v w ry m :4 m ¢>¢ z¢¢ c c z z z z z>¢¢ z> u B 2 w v Bu m a c c c c coo 0 o o o z z z z z z z z z z O O O w w w '' C O O O C Y Y O O w Q Q a 4 Q a 3 3 zQ zQ zQ z a a a a a> 5 v2i 7 MV u V tg .Y. m vYi n m vai o C C N M m N t0 M W 0� aOa pp aNa m N M .y �/1 N� N N of N vt of h m v~i vl m m in N oogSaoS000S000�SS� a� W / W �U' m W 4 W ii, li t+iN lI C.PER 1014.3)- -� - L — "' EA.65'-0"-{PER1016.2) o :•, „� N ej N 2 K IV ` 000 0 R c� WZ i I a o l � r 0 N 1 � a000 aw d LL � O d Z 20 i Z2' Q W _ X y W y � W N W N V I a Z o o O w m I1. 0 U h J m ¢W OWC rU �~ ¢O00 s - Nt ' O // ❑ Vl S No,/6� m O y49 n WcD h , ?ru- c000 4. 3 cc � a cc Uwk. t0 G9 �Ka�1, Qe°ems pv)cA TM O r 0 U W m 3 55 F Z Z m W LU W U w IL J U a dJ G W V F LL N W Z Z. J 0 Lu " _� U �¢ Q I� Z a �x 7/ KENAI CITY OF KENAI PLANNING AND ZONING COMMISSION 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: 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: 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. K.MC 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 31 st 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(I)(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. JEFF IT, CHAIRPERSON ATTEST: 4� Alq�9 MEGHAN THIDODEAU, DEPUTY CITY CLER' N QED ��