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HomeMy WebLinkAboutPZ Res2025-006 Withdrawn CUP Tufted Puffin 408 Port AveWITHDRAWN BY THE APPLICANT Sponsored by: Applicant ON FEBRUARY 3, 2025 Public Hearing: February 4, 2025 CITY OF SEWARD, ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2025-006 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF SEWARD, ALASKA, GRANTING A CONDITIONAL USE PERMIT TO THE TUFTED PUFFIN LLC TO OPERATE A DRIVE-THRU WINDOW TO SELL RETAIL CANNABIS PRODUCTS AND NON - CANNABIS FOOD AND BEVERAGE ITEMS ON LOT 1, BLOCK 2, NORTH HARBOR SUBDIVISION; LOCATED AT 408 PORT AVENUE; WITHIN AN AUTO COMMERCIAL (AC) ZONING DISTRICT WHEREAS, The Tufted Puffin LLC has applied for a Conditional Use Permit (CUP) from the Seward Planning and Zoning Commission to operate a drive-thru window at their retail store located at 408 Port Avenue to sell retail cannabis products and other non -cannabis food and beverage items; and WHEREAS, the property is in an Auto Commercial (AC) zoning district; and WHEREAS, a marijuana retail store is allowed outright in the AC zoning district and is currently in operation on the property; and WHEREAS, a drive-in facility is defined as "any portion of a building or structure which by design permits customers to receive services, obtain goods or be entertained while remaining in their motor vehicles"; and WHEREAS, a drive-in facility requires a CUP in the AC zoning district; and WHEREAS, individuals with mobility issues such as the elderly or those with disabilities would be able to purchase marijuana products from their vehicles; and WHEREAS, the site plan shows that traffic will access the drive-thru window by entering the property from Port Avenue and exiting on the Seward Highway; and WHEREAS, the portion of Seward Highway directly in front of The Tufted Puffin contains highly trafficked north and southbound lanes as well as a center merge lane for traffic turning east onto Port Avenue; and WHEREAS, Port Avenue directly south of The Tufted Puffin is used by heavy industrial vehicles, other commercial vehicles, and non-commercial traffic turning south and merging north into the Seward Highway; and WHEREAS, a paved pedestrian/bicycle pathway along the property boundaries parallels Port Avenue to the south and the Seward Highway to the west and north; and CITY OF SEWARD, ALASKA RESOLUTION 2025-006 WHEREAS, only one-way traffic will be allowed on the east side of the building where the drive-thru window will be operated; and WHEREAS, a drive-thru window has been operated from this building in the past when it was a fast food restaurant; and WHEREAS, the applicant is aware they will be required to comply with specific regulations set forth by the Alaska Alcohol and Marijuana Control Office (AMCO) for operating a drive-thru window to sell retail marijuana products; and WHEREAS, the property to the west across the Seward Highway is zoned Auto Commercial and is used for a motel; and WHEREAS, the property to the south across Port Avenue is zoned Harbor Commercial and is used for an auto parts store; and WHEREAS, the adjacent property to the east is zoned Auto Commercial and is used for telecommunication equipment and is part of the Alaska Railroad right-of-way; and WHEREAS, Seward City Code § 15.10.3200 recognizes that there are some uses which may be compatible with designated principal uses in specific zoning districts provided certain conditions are met; and WHEREAS, the applicant has complied with all of the public hearing requirements of Seward City Code § 15.01.040. NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning Commission, that: Section 1. The Commission finds that the proposed use satisfies the following conditions as specified in SCC §15.10.320.D. A. The use is consistent with the purpose of this chapter (the Seward Zoning Code) and the purposes of the zoning district. B. The value of adjoining property will not be significantly impaired. C. The proposed use is in harmony with the Seward Comprehensive Plan. D. Public services and facilities are adequate to serve the proposed use. E. The proposed use will not be harmful to the public safety, health or welfare. Section 2. Any and all specific conditions deemed necessary by the Commission to fulfill the above -mentioned conditions shall be met by the applicant. Approval of the CUP shall be subject to the following conditions: 1 CITY OF SEWARD, ALASKA RESOLUTION 2025-006 1. The applicant shall work with the building official through the building permit process to address any requirements per the International Fire Code and International Building Code. 2. Signage shall be placed on the property indicating that the exit from the property onto the Seward Highway is a right turn only. 3. Signage shall be placed on the property indicating one-way traffic on the driveway going to and leaving the drive-thru window. 4. Per Seward City Code §15.10.325(f). an approved CUP shall lapse six months from the date of approval if the use for which the permit was issued has not been implemented or a building permit obtained. The Commission may grant a six-month extension upon finding that circumstances have not changed sufficiently since the date of initial permit approval. 5. Modification of final approval of a conditional use permit may, upon application by the permittee, be modified by the Planning and Zoning Commission: a. When changed conditions cause the conditional use to no longer conform to the standards for its approval. b. To implement a different development plan conforming to the standards for its approval. c. The modification plan shall be subject to a public hearing and a filing fee set by City Council Resolution. Section 3. The Planning and Zoning Commission finds that the proposed use, subject to the above conditions satisfies the criteria for granting a conditional use permit provided the conditions listed in Section 2 are met by the applicant before the drive-thru window is in operation, and authorizes administration to issue a conditional use permit to The Tufted Puffin LLC to operate a drive-thru window at their retail store located at 408 Port Ave to sell retail cannabis products and other non -cannabis food and beverage items. Section 4. The Planning and Zoning Commission finds that adherence to the conditions of this permit is paramount in maintaining the intent of Seward City Code Section § 15.10.320: Conditional Use Permits. A Conditional Use Permit may be transferred to a new owner per §15.10.320(G), in which case the new owner will be required to maintain conformance to the conditions of the permit. Section 5. Administration shall periodically confirm the approved conditional use conforms to the standards of its approval. Nonconformance to these above stated conditions shall be grounds for revoking the Conditional Use Permit. Section 6. This resolution shall take effect 10 days following its adoption. PASSED AND APPROVED by the Seward Planning and Zoning Commission this 4th day of February, 2025. CITY OF SEWARD, ALASKA RESOLUTION 2025-006 THE CITY OF SEWARD, ALASKA WITHDRAWN BY THE APPLICANT Carol Griswold, Chair AYES: NOES: ABSENT: ABSTAIN: ATTEST: Kris Peck City Clerk (City Seal) 1 1 1 Planning and Zoning Agenda Statement Meeting Date: February 4, 2025 To: Planning and Zoning Commission Through: Daniel Meuninck, Community Development Director From: Applicant Agenda Item: Resolution 2025-006, of the Planning and Zoning Commission of the City of Seward, Alaska, Granting a Conditional Use Permit to The Tufted Puffin LLC to operate a drive-thru window to sell retail cannabis products and non -cannabis food and beverage items on Lot 1, Block 2, North Harbor Subdivision; Located at 408 Port Avenue; Within an Auto Commercial (AC) Zoning District Background and justification: The Tufted Puffin LLC has applied for a Conditional Use Permit (CUP) from the Seward Planning and Zoning Commission to operate a drive-thru window from their marijuana retail store located at 408 Port Avenue. The property is located within the Auto Commercial (AC) zoning district. A marijuana retail store is allowed outright in the AC zoning district. However, a drive-in facility, defined as "any portion of a building or structure which by design permits customers to receive services, obtain goods or be entertained while remaining in their motor vehicles," requires a CUP in the AC zoning district. The drive-thru window would be utilized to sell retail cannabis products as well as non -cannabis food and beverage items. A drive-thru window provides an option for individuals with mobility issues such as the elderly or those with disabilities to purchase these products without needing to exit their vehicles. The drive-thru window will be accessed by entering the property from Port Avenue. Only one-way traffic will be allowed on the side of the building where the drive-thru window will be operated. The applicant is aware they will be required to comply with specific regulations set forth by the Alaska Alcohol and Marijuana Control Office (AMCO) for operating a drive-thru window to sell retail marijuana products. The applicant has complied with all the public hearing requirements of Seward City Code § 15.01.040. Regarding conditional uses, Seward City Code § 15.10.320 states, "It is recognized that there are some uses which may be compatible with designated principal uses in specific zoning districts provided certain conditions are met. The conditional use permit procedure is intended to allow flexibility in the consideration of the impact of the proposed use on surrounding property, and the application of controls and safeguards to assure that the proposed use will be compatible with the surroundings. The commission shall permit this type of use if the conditions and requirements listed in this chapter (Title 15) are met." 50 Prior to granting a conditional use permit, the Commission shall establish that the use satisfies the following conditions as listed in SCC § 15.10.320(D): 1. The use is consistent with the purpose of this chapter and the purposes of the zoning district; 2. The value of the adjoining property will not be significantly impaired; 3. The proposed use is in harmony with the Comprehensive Plan; 4. Public services and facilities are adequate to serve the proposed use; 5. The proposed use will not be harmful to the public safety, health or welfare; 6. Any and all specific conditions deemed necessary by the commission to fulfill the above - mentioned conditions shall 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. Surrounding Land Use and Zoning: Development Requirements: Seward City Code Title 15 does not have specific development requirements for a drive-thru window. The only requirements are the setback, building height, and lot coverage requirements for the entire building, to which it complies. The building on the property was an existing structure when purchased and renovated for use as a marijuana retail store. Surrounding Land Use: The property to the west is across the Seward Highway is zoned Auto Commercial and is used for a motel. The property to the south across Port Avenue is zoned Harbor Commercial and is used for an auto parts store. The adjacent property to the east is zoned Auto Commercial and is used for telecommunication equipment and is part of the Alaska Railroad right-of-way. A paved pedestrian pathway along the property boundaries parallels Port Avenue to the south and the Seward Highway to the west and north. Floodplain status: According to the Kenai Peninsula Floodplain Map, the property is not located within a FEMA-mapped floodplain. Utilities: City water, sewer, and electricity are connected to the property. Parking: A drive-thru window does not require a specific number of parking spaces. The retail store is compliant with Seward City Code for the parking requirement. Comprehensive and Strategic Plan Consistency Information This legislation is consistent with (citation listed): Comprehensive Vol 1, Chapter 3.1.1.4 — "Support private sector business, employment, and Plan: programs." • Support and encourage the growth of business. Strategic Plan: N/A 51 Staff Comments Department Comments No Comment N/A Building Department X Fire Department X Public Works Department X Harbor Department X Police Department Making the exit, right turn only would be the safest route in order to prevent people from turning left across a merge lane, a regular north bound lane, a south bound turn lane and then into the regular southbound lane of travel. Additionally, we have a hotel across 3rd Ave from the Tufted Puffin which will have traffic trying to enter the roadway as well on what is the busiest roadway in Seward. Electric Department X Public Notice Property owners within three hundred (300) feet of the location of the proposed Conditional Use Permit action were notified of this public hearing. Public notice signs were posted on the property and all other public hearing requirements of Seward City Code § 15.01.040 were complied with. At the time of this publication the Community Development Department has not received public inquiries regarding the proposed Conditional Use Permit. If any correspondence is received after publication of this agenda statement, it will be submitted to the Planning and Zoning Commissioners for their review. 1. The applicant shall work with the building official through the building permit process to address any requirements per International Fire Code and International Building Code. 2. Signage shall be placed on the property indicating that the exit from the property onto the Seward Highway is a right turn only. 3. Signage shall be placed on the property indicating one-way traffic on the driveway going to and leaving the drive-thru window. 4. Per Seward City Code § 15.10.325(f). an approved CUP shall lapse six months from the date of approval if the use for which the permit was issued has not been implemented or a building permit obtained. The Commission may grant a six-month extension upon finding that circumstances have not changed sufficiently since the date of initial permit approval. 5. Modification of final approval of a conditional use permit may, upon application by the permittee, be modified by the Planning and Zoning Commission: 52 a. When changed conditions cause the conditional use to no longer conform to the standards for its approval. b. To implement a different development plan conforming to the standards for its approval. c. The modification plan shall be subject to a public hearing and a filing fee set by City Council Resolution. 1 Recommendation The proposed use is permittable through the Conditional Use Permit process, which allows the Commission the opportunity to ensure that the use is consistent with the purpose of the zoning district and surrounding land uses, is in harmony with the Comprehensive Plan, and will not be harmful to the public safety, health, or welfare. 53