HomeMy WebLinkAboutResolution No. PZ2026-05KENAI
Dismissed in accordance with KMC 14.20.150(d)
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ2026-05
A RESOLUTION GRANTING A CONDITIONAL USE PERMIT TO ALLOW FOR A RETAIL
MARIJUANA STORE.
APPLICANT: David Parker
PROPERTY ADDRESS: 6384 Kenai Spur Highway
LEGAL DESCRIPTION: Lot 12, Block B, Beaver Creek Alaska Subdivision Amended
KENAI PENINSULA BOROUGH PARCEL NUMBER: 04106212
WHEREAS, a complete application meeting the requirements of Kenai Municipal Code 14.20.150
was submitted to the City on February 26, 2026; and,
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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 February 27, 2026, following requirements outlined in Kenai Municipal Code
14.20.280 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 General Commercial Zone, as outlined in KMC 14.20.120, 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.
As proposed, the Commercial Marijuana Establishment (CME) would consist of an
approximately 257 square -foot Retail Marijuana Store, located within an approximate
3,680 square -foot building. 333 square -feet will be used for product storage, and the
remaining square footage will be divided into leasable retail spaces.
Primary access to the subject CME would be from the Kenai Spur Highway, which is
classified by the State of Alaska Department of Transportation and Public Facilities as a
Principal Arterial. A Principal Arterial road serves activity centers of statewide significance
including airports, seaports, colleges, medical complexes, military bases, recreational
Resolution No. PZ2026-05
Page 2 of 5
areas, and industrial and commerce centers; carry a high proportion of urban travel orf
minimal mileage; and accommodate trips entering and leaving urban areas and
movements through the urban areas.
Designated parking, following the regulations set forth in KMC 14.20.250 will be located
on -site.
Staff finds it reasonable the proposed retail marijuana store would be consistent with the
purpose of KMC 14.20.150 and the intent of the General Commercial Zoning District given
the compliance of all federal, state, and local regulations.
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 proposed development must comply with the requirements of KMC
14.20.330 — Standards for Commercial Marijuana Establishments. In addition, the
proposed development must also comply with Alaska Statute 17.38, an Act to Tax and
Regulate the production, Sale, and Use of Marijuanaj as well as Alaska Administrative
Code, Title 3, Marijuana Control Board, Omnibus licensure requirements and procedures
for marijuana establishments.
Pursuant to KMC 14.20.010 — Land Use Table, a retail marijuana store may be established
in the General Commercial Zone with a Conditional Use Permit. In addition, KMC
14.20.330 — Standards for Commercial Marijuana establishments, provisions have been
put in place to help mitigate impacts to the value of adjoining property and surrounding
neighborhoods.
Provided that all conditions required by the State of Alaska and the City of Kenai are
followed, Staff does not find that the value of the adjoining properties and neighborhoods
will be significantly impaired.
3. KMC 14.20.150(d)(3) The proposed use is in harmony with the Comprehensive Plan;
Findings: The subject parcel is defined in the 2016 Comprehensive Plan as General
Commercial. The plan defines CG as:
General Commercial is intended for retail, service, and office businesses that serve the
Kenai and the larger region. General Commercial is appropriate for locations along the
arterial road system. General Commercial -type development requires larger parcels of
land and access to a major road system. It is also intended to support smaller -scale
businesses.
The surrounded lots are currently all vacant with the northern lots being zoned as Rural
Residential, and the lots to the east, west, and south, zoned as Limited Commercial.
Staff finds that the proposed use meets is in harmony with the Comprehensive Plan both
as currently zoned.
The proposed reinvigoration of the property is consistent and in harmony with several
goals in the 2016 Comprehensive Plan.
Resolution No. PZ2026-05
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In Imagine Kenai 2030 Comprehensive Plan, Chapter 6, "Goals, Objectives, and
Implementation", several goals and objectives are met from the proposed use.
Goal 2 — Economic Development: Provide economic development to support the fiscal
health of Kenai.
Objective ED-1
Promote projects that create workforce development opportunities.
Objective ED-2
Implement business -friendly regulations, taxation, and incentives to create a
stable, positive climate for private investment.
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-5
Support development at emerging community "centers" that lie outside the major
employment centers but provide a miof retail, service, and residential uses.
4. KMC 14.20.150(d)(4) Public services and facilities are adequate to serve the proposed
use;
Finding: The subject property is accessed via a paved, State of Alaska maintained
arterial road. The lot is currentlyAerviced by City water and has private on -site septic.
Additional 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;
Findings: The proposed use is to establish and operate a Commercial Marijuana
Establishment consistent of a retail marijuana store and on -site marijuana storage.
CME's are required to strictly adhere to a variety of federal laws, state statutes, and city
municipal codes in regard to sales, odor emissions, health, and safety. Additionally,
CME's require the approval and issuance of a Retail Marijuana Store license from the
State of Alaska Marijuana Control Board.
With reg, rd to buffer distances discussed in KMC 14.20.330(f)(1), the proposed CME
would not be located within 1,000 feet of any primary or secondary school (Kindergarten
— 12th grade) or within 500 feet of any vocational program, post -secondary school,
inc-luding but not limited to trade, technical, or vocational schools, colleges, or
universities. In addition, it would not be within 500 feet of any recreation or youth
centers, correctional facilities, churches, and state licensed substance abuse treatment
facilities providing substance abuse treatment.
Given the multiple -agency regulations and requirements, Staff does not find that the
proposed use would have a harmful impact to the public safety, health, or welfare.
Resolution No. PZ2026-05
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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.
Findings: 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 a conditional use permit is granted to allow for a Retail Marijuana Store on Lot
12, Block B, of Beaver Creek Alaska Subdivision Amended, with a street address of
6384 Kenai Spur Highway.
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. Prior to beginning construction, a building permit must be issued by the Building Official
for the City of Kenai.
3. Prior to starting operations, a landscape/site plan must be reviewed and approved by the
Planning Director.
4. Prior to operation, the applicant shall submit a copy of the approved and fully executed
license from the Alaska Alcohol & Marijuana Control Board. The applicant shall comply
with all regulations as stipulated by the Control Board.
5. All standards for Commercial Marijuana Establishments found in KMC 14.20.330 must be
maintained.
6. Pursuant to Kenai Municipal Code Section 14.20.150(f) the applicant shall submit an
annual report -to the City of Kenai, due no later than December 31 of each year.
7. The applicant will meet with City Staff for on -site inspections when requested.
8. If there its a change of use for the above described property, a new Conditional Use Permit
must be obtained, as stated in KMC 14.20.150(I)(5)
9.%Failure to provide documentation to the City of adhere to the conditions required shall be
grounds for the suspension or revocation of the Conditional Use Permit.
Resolution No. PZ2026-05
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PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA,
THIS 11T" DAY OF MARCH, 2026.
Jeanne Keaton, Chair
ATTEST:
Logan Parks, Deputy City Clerk