HomeMy WebLinkAbout12022025 Planning & Zoning Laydown - Hubbard�� 212.1Z�
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15.10.115 - Purpose.
This chapter is adopted in order to:
1. Protect the public health, safety and general welfare of the community's residents;
2. Promote fire safety and public order;
3. Provide adequate open spaces for aesthetics, Tight, air and to prevent and fight fires;
4. Provide safe, aesthetic surroundings and living conditions;
5. Prevent undue traffic congestion;
6. Conserve and stabilize the value of property;
7. Prevent undue concentrations of population;
8. Provide for orderly and stable public, residential, commercial and industrial development;
9. Facilitate systematic development of adequate public improvements and services such as
transportation, utilities, schools, parks and other public facilities;
10. Determine the most appropriate use of land in accordance with the Comprehensive Plan;
11. Implement the Comprehensive Plan for the City; and
12. Provide a method of administration and to prescribe means of enforcement of the
provisions of this title.
D. Review criteria. Prior to granting a use permit, it shall be established that the use satisfies
the following conditions per SCC 15.10.320 D.
1. The use is consistent with the purpose of this chapter and the purposes of
the zoning district;
Drive through p/ups are considered appropriate for AC zoning districts, and the sale or retail MJ
products is already an outright permitted use. However, citizens of Seward have commented loud
ana clear at both State AMCO, and local P&Z and council meetings on how they would like to see
MJ establishments regulated in their community. First it was including on -sight consumption, now it
is a request to sell cannabis via a drive thru. It is unconscionable to NOT take into consideration
the business type and the respective allowances and activities that could be expected, especially in
the selling of MJ/Cannabis or even alcohol if that maybe something the applicant considers
dispensing in the future.
Finding: This Conditional Use Application is exceptional and deserves a more evaluated
review under Title 15.
2. The value of the adjoining property will not be significantly impaired;
"The drive-thru is intended to serve existing customers and is not expected to generate a
substantial increase in traffic volume." (per TP)
Findings:
a). The applicants claim here is arbitrary as there is no way to predict or control the outcomes
of increased traffic flow and if customers will be new or existing. Given new ease of access
with a drive-thru, traffic volume will inevitably increase.
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b). Neighboring property owners have already voiced complaints publicly regarding TP on
sight consumption activities. Inquiry should also be presented to DOT for possible
encroachments by business and respective activities.
c). The definition for low -volume drive-thru facilities is < 200 cars per I t. If realized this
potential could morph into a real bottle -neck given the already existing heavy industrial and
regular traffic. Along with traffic, the neighboring train depot, industrial facility, hotel,
restaurant, bike path and a corner park, all within short distance of the subjected property will
be significantly impaired even as a low volume drive thru.
3. The proposed use is in harmony with the comprehensive plan;
"Finding: This condition has been met. The proposal is in harmony with the Seward 2030
Comprehensive Plan."
The Comprehensive Plan adopted in 2017 does not specifically address recreational MJ
establishments. Nor does it address how the various types of Marijuana establishments may or
may not be in harmony with the City of Seward, or if such activities are even desired to extent that
the CUP applicant is requesting and/or already doing.
Since Alaska has legalized MJ in 2014, more progressive updates to State regulations on licensing,
including On Site consumption endorsement, allowance of giving out free samples and permitting
Walk-up / drive through Window as recent as 12/8/24, has occurred. Consequently, MJ
establishments and how they may function or be regulated in our community is relatively new for
Seward and unfortunately City leaders have neglected to carry forward past P&Z work that has
thoroughly addressed such business types.
The TP was one of the first to get an on -site consumption endorsements from the State in 2024 in
both Seward and Soldotna. This was in spite of public protest to AMCO from Seward Residents and
is now asking for drive thru / Walk-up purchasing.
Seward has little to no regulatory codes unique to this community that manage MJ establishments
therefore we end up defaulting fully to the common State regs administered by AMCO. However,
within those regs it is clear and even encouraged that communities are free to make stricter codes
for their communities as valued and found most important to its citizens.
Finding: The Seward 2030 Comprehensive Plan expresses support for private sector business,
employment, and programs and encourages the growth of business, however is relatively mute
towards any type of business activity except for the following possible evaluations: "We are to
Ensure all adopted codes reflect community values". 2.2.10
Finding: Per past public hearings, work -sessions and letters the community has clearly
expressed their values which city leaders have disingenuously avoided processing into code.
Exceptional Finding to be noted: Per surveys expressed in the first draft of Current Comp plan
Marijuana establishments made the list of opposed developments for land use in Seward.
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4. Public services and facilities are adequate to serve the proposed use;
Finding: Repeat Finding 2C --- This site could be potentially burdensome on Public Services,
namely roads and walk/bike paths resulting in a driving hazard and general distraction. No
turn left on highway off north entry/exit area allowed.
Finding: Per a company Profile provided by applicant at P&Z and Council Jan 27, 2025 Joint
W/S, Pg 10 expresses the following: "We plan... to expand our Seward, Port Ave sight.. making
the TP a must -visit destination for cannabis enthusiasts, coffee lovers, music fans and
travelers." Such mission and marketing should naturally encourage increase traffic flow and
activity to the area as would be desired by the applicant.
Exceptional Finding: Per the current draft of Comp Plan under review, Port Avenue / Seward
Hwy Intersection made the list by those surveyed as one of the "Most Dangerous location in
Seward for vehicles / pedestrians.
5. The proposed use will not be harmful to the public safety, health or
welfare;
Findings:
a). Repeat 2C -- Applicant location is on one of the busiest commercial traffic corners in
Seward, coupled with being near a public bike path.
b). The KPB sponsored grant program "Safe Streets and Roads for All" has identified the Port
Ave / Seward highway intersection as hazardous therefore a prospective improvement area --
Presented to P&Z in an earlier work session.
c). Ease of access per drive thru makes it difficult to assess car occupants, one's ambulatory
state and possible over -use disorder, therefore contributing to probable DUI's. See page 8 of
TP Company Profile.
d). Per Seward 2030 Comprehensive Plan, we are to Support educational, preventative and
rehabilitation social services. 2.2.6. Such ease of access, defies harmony with the Comp Plan.
Exceptional Finding: Per the current draft of Comp Plan under review, Port Avenue / Seward
Hwy Intersection made the list by those surveyed as one of the "Most Dangerous location in
Seward for vehicles / pedestrians.
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.
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