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HomeMy WebLinkAboutResolution No. PZ2025-18 KENAI CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ2026-18 A RESOLUTION GRANTING A CONDITIONAL USE PERMIT TO OPERATE A RETAIL MARIJUANA STORE ON THE PROPOERTY DESCRIBED AS COLE HOMESTEAD SUBDIVISION, TRACT A, LOCATED AT 7825 KENAI SPUR HIGHWAY IN THE GENERAL COMMERCIAL ZONING DISTRICT. APPLICANT: Michael Welch PROPERTY ADDRESS: 7825 Kenai Spur Highway, Kenai, AK 99611 LEGAL DESCRIPTION: RS Cole Homestead Subdivision, Tract A KENAI PENINSULA BOROUGH PARCEL NUMBER: 04105005 WHEREAS, a complete application meeting the requirements of Kenai Municipal Code 14.20.150 was submitted to the City on May 1, 2025; 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 28, 2025, following requirements outlined in Kenai Municipal Code 14.20.280 for public hearings and notifications. WHEREAS, the Planning and Zoning Commission finds: 1. KMC 14.20.150(e)(1) The use is consistent with the purpose of this chapter and the purposes and intent of the zoning district; Findings The General Commercial (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. The proposed development would meet the intent of the General Commercial(CG)Zoning District. The General Commercial Zone provides for a range of uses. Located along the Kenai Spur Highway, the proposed development location would seek to maximize exposure to traffic, while reducing adverse impacts to surrounding residential areas by avoiding use of less trafficked streets. Access to and from the site would be from the Kenai Spur Highway. Resolution No. PZ2025-18 Page 2 of 5 Development of this parcel would require the demolition of the existing Quonset but which is in disrepair. Improvements to this parcel would likely be considered a catalyst for future commercial developments nearby. Staff finds that the proposed use meets the intent of the CG zoning district. 2. KMC 14.20.150(e)(2) The economic and noneconomic value of the adjoining property and neighborhood will not be significantly impaired; Findings: Improvements to the property, including the demolition of the existing Quonset hut, would improve the aesthetics of the area. Access to the property already exists and traffic volumes are already highest in the City along the Kenai Spur Highway. No statistically significant difference in traffic patterns is forecast, due to the high average annual daily traffic counts along the route. Existing trees and vegetation offer screening between the commercial property and nearby residential properties. Commercial developments are subject to site plan and landscaping plan requirements, per KMC 14.25.030 and 14.25.040, respectively. Any proposed developments would need to meet those requirements which offer protections to existing developed properties. Staff finds the proposed use would not impair the economic and noneconomic value of adjacent properties and neighborhood. 3. KMC 14.20.150(e)(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 General Commercial (GC) land use classification. The GC Land Use Classification is defined in the Comprehensive Plan: General Commercial is intended for land uses that are typically retail, service, and other businesses that serve Kenai and the larger region. This type of development generally requires larger parcels of land and access to major arterial roadways, such as the Kenai Spur Highway. The surrounding uses consist of mostly empty commercial lots to the north, a commercial enterprise on the lot to the east, a single-family dwelling to the south, and empty lots with heavy tree cover to the west. Zoning surrounding this parcel is General Commercial in all directions. There are two Limited Commercial lots to the northwest, across the highway. 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 Q-2 Protect and rejuvenate the livability of existing Neighborhoods. Objective Q-4 Establish siting and design standards so that development is in harmony and scale with surrounding uses. Resolution No. PZ2025-18 Page 3 of 5 Objective Q-5 Update existing site design guidelines for commercial development—landscaping, setbacks, parking. Goal 2—Provide economic development to support the fiscal health of Kenai. Objective ED-5 Promote adaptive reuse of vacant commercial buildings in the city center and along the Kenai Spur Highway. Goal 3—Land Use is to develop land use strategies to implement a forward-looking approach to community growth and development. Objective LU-2 Promote the infill of existing, improved subdivision lots. Objective LU-6 Review Zoning Code to consider use of buffers and buffer zones to separate incompatible land uses. Review landscaping ordinance to ensure buffers are required to protect Neighborhoods. 4. KMC 14.20.150(e)(4) Public services and facilities are adequate to serve the proposed use; Findings: City water and sewer is not in the vicinity of the subject property but onsite water and wastewater treatment and disposal systems are in place. The applicants are required to be in compliant with wastewater disposal requirements of Kenai Peninsula Borough Chapter 20.40 and regulatory requirements of the Alaska Department of Environmental Conservation.The Kenai Spur Highway is a paved road,which is a State-maintained road. 5. KMC 14.20.150(e)(5) The proposed use will not be harmful to the public safety, health or welfare; Findings: Per KMC 14.20.330(f) - Standards for Commercial Marijuana Establishments, 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. a. Staff measured the distance from the southwest corner of the subject parcel to the nearest point of the parcel containing Mountain View Elementary at 315 Swires Road. This distance is calculated to be 1,186.7 feet. (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 Resolution No. PZ2025-18 Page 4 of 5 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. a. Staff measured the distance from the northwest corner of the subject parcel to the nearest point of the parcel containing Seventh-Day Adventist church at 701 Swires Road. This distance is calculated to be 2,001.89 feet. Staff finds the proposed development meets the buffer distances as a part of the siting requirements. 6. KMC 14.20.150(e)(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. Findings: Pursuant to KMC 14.20.330 Standards for Commercial Marijuana Establishments the following conditions apply to retail marijuana stores: 1. On-site consumption is prohibited on the premises of the proposed commercial marijuana establishment. _ 2. The proposed retail marijuana store shall not emit an odor detectable by the public from outside establishment. 3. The proposed marijuana establishment may not conduct business on, or allow any customer or consumer to access,the licensed premises between the hours of 5:OOa.m. and 8:00 a.m. daily. 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 develop and operate a retail marijuana store at 7825 Kenai Spur Highway, on the property described as RS Cole Homestead Subdivision, Tract A in the General Commercial (CG) Zoning District. Section 2. That the conditional use permit is subject to the following conditions: 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. 2. Upon request, the applicant or applicant's representative shall meet with City staff for an on-site inspection. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, THIS 28T" DAY OF MAY, 2025 Resolution No. PZ2025-18 Page 5 of 5 rw -�- Jeff w , CHAIRPERSON ATTEST: Michelle San MC, City-Clwk STAFF REPORT NV PLANNING & ZONING DEPARTMENT TO: Planning and Zoning Commission FROM: Kevin Buettner, Planning Director DATE: May 22, 2025 SUBJECT: Resolution PZ2025-18—Conditional Use Permit—Marijuana Retail Facility Request The applicant is requesting to develop and operate a marijuana retail store. Staff Adopt Resolution PZ2025-18 approving a Conditional Use Permit to Recommendation develop and operate a Marijuana Retail Store, located at 7825 Kenai Spur Highway, in the General Commercial zoning district. Applicant: Michael Welch Legal Description: RS Cole Homestead Subdivision, Tract A Property Address: 7825 Kenai Spur Highway KPB Parcel No.: 04105005 Lot Size: 23,087 square feet(.53-acres) Zoning: General Commercial (CG) Current Use: Commercial Land Use Plan: General Commercial (CG) SUMMARY The Applicant is requesting to develop and operate a retail marijuana facility at 7825 Kenai Spur Highway. A Conditional Use Permit(CUP) is required to operate a retail marijuana facility within the General Commercial (CG)Zoning District. Isis 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, the Commission shall determine that the identified criteria as outlined in KMC 14.20.150(e) Conditional Use Permits Review Criteria are met. Criteria 1: The use is consistent with the purpose of this chapter and the purposes and intent of the zoning district. The General Commercial (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. The proposed development would meet the intent of the General Commercial(CG)Zoning District. The General Commercial Zone provides for a range of uses. Located along the Kenai Spur Highway, the proposed development location would seek to maximize exposure to traffic, while reducing adverse impacts to surrounding residential areas by avoiding use of less trafficked streets. Access to and from the site would be from the Kenai Spur Highway. Development of this parcel would require the demolition of the existing Quonset but which is in disrepair. Improvements to this parcel would likely be considered a catalyst for future commercial developments nearby. Staff finds that the proposed use meets the intent of the CG zoning district. Criteria 2: The economic and noneconomic value of the adjoining property and neighborhood will not be significantly impaired. _ y Improvements to the property, including the demolition of the existing Quonset hut, would improve the aesthetics of the area. Access to the property already exists and traffic volumes are already highest in the City along the Kenai Spur Highway. No statistically significant difference in traffic patterns is forecast, due to the high average annual daily traffic counts along the route. Existing trees and vegetation offer screening between the commercial property and nearby residential properties. Commercial developments are subject to site plan and landscaping plan requirements, per KMC 14.25.030 and 14.25.040, respectively. Any proposed developments would need to meet those requirements which offer protections to existing developed properties. Staff finds the proposed use would not impair the economic and noneconomic value of adjacent properties and neighborhood. Resolution No. PZ2025-18 Conditional Use Permit Retail Marijuana Facility Page 2 of 5 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 General Commercial (GC) land use classification. The GC Land Use Classification is defined in the Comprehensive Plan: General Commercial is intended for land uses that are typically retail, service, and other businesses that serve Kenai and the larger region. This type of development generally requires larger parcels of land and access to major arterial roadways, such as the Kenai Spur Highway. The surrounding uses consist of mostly empty commercial lots to the north, a commercial enterprise on the lot to the east, a single-family dwelling to the south, and empty lots with heavy tree cover to the west. Zoning surrounding this parcel is General Commercial in all directions. There are two Limited Commercial lots to the northwest, across the highway. 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 Q-2 Protect and rejuvenate the livability of existing Neighborhoods. Objective Q-4 Establish siting and design standards so that development is in harmony and scale with surrounding uses. Objective Q-5 Update existing site design guidelines for commercial development—landscaping, setbacks, parking. Goal 2—Provide economic development to support the fiscal health of Kenai. Objective ED-5 Promote adaptive reuse of vacant commercial buildings in the city center and along the Kenai Spur Highway. Goal 3—Land Use is to develop land use strategies to implement a forward-looking approach to community growth and development. Objective LU-2 Promote the infill of existing, improved subdivision lots. Objective LU-6 Review Zoning Code to consider use of buffers and buffer zones to separate incompatible land uses. Review landscaping ordinance to ensure buffers are required Resolution No. PZ2025-18 Conditional Use Permit Retail Marijuana Facility Page 3 of 5 to protect Neighborhoods. Criteria 4: Public services and facilities are adequate to serve the proposed use. City water and sewer is not in the vicinity of the subject property but onsite water and wastewater treatment and disposal systems are in place. The applicants are required to be in compliant with wastewater disposal requirements of Kenai Peninsula Borough Chapter 20.40 and regulatory requirements of the Alaska Department of Environmental Conservation. The Kenai Spur Highway is a paved road, which is a State- maintained road. Criteria 5: The proposed use will not be harmful to the public safety, health or welfare. Per KMC 14.20.330(f) - Standards for Commercial Mar#uana Establishments, 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. a. Staff measured the distance from the southwest corner of the subject parcel to the nearest point of the parcel containing Mountain View Elementary at 315 Swires Road. This distance is calculated to be 1,186.7 feet. (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. a. Staff measured the distance from the northwest corner of the subject parcel to the nearest point of the parcel containing Seventh-Day Adventist church at 701 Swires Road. This distance is calculated to be 2,001.89 feet. Staff finds the proposed development meets the buffer distances as a part of the siting requirements. 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. Resolution No. PZ2025-18 Conditional Use Permit Retail Marijuana Facility Page 4 of 5 Findinas: Pursuant to KMC 14.20.330 Standards for Commercial Marijuana Establishments the following conditions apply to retail marijuana stores: 1. On-site consumption is prohibited on the premises of the proposed commercial marijuana establishment. 2. The proposed retail marijuana store shall not emit an odor detectable by the public from outside establishment. 3. The proposed marijuana establishment may not conduct business on,or allow any customer or consumer to access, the licensed premises between the hours of 5:00a.m. and 8:00 a.m. daily. PUBLIC NOTICE Pursuant to Kenai Municipal Code 14.20.330(c) notices of the public hearing for the conditional use were 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. The notice periphery will be expanded until a minimum of thirty (30) different property owners are available for notification. City staff published notice of the public hearing in the Peninsula Clarion. 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 request. No public comments have been received at the time of this report. STAFF RECOMMENDATION Staff finds that the proposed Conditional Use Permit to to develop and operate a retail marijuana facility at 7825 Kenai Spur Highway, on the property described as RS Cole Homestead Subdivision, Tract A, 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 adopt Resolution PZ2025-18 approving the Conditional Use Permit, subject to the following conditions: 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. 2. Upon request, the applicant or applicant's representative shall meet with City staff for an on-site inspection. 3. On-site consumption is prohibited on the premises of the proposed commercial marijuana establishment. 4. The proposed retail marijuana store shall not emit an odor detectable by the public from outside establishment. 5. The proposed marijuana establishment may not conduct business on, or allow any customer or consumer to access, the licensed premises between the hours of 5:00a.m. and 8:00 a.m. daily. ATTACHMENTS Aerial Map Application Site Plan RS Cole Homestead Subdivision, Tract A Resolution No. PZ2025-18 Conditional Use Permit Retail Marijuana Facility Page 5 of 5