HomeMy WebLinkAboutPZ Res2025-035 CUP 408 Port AveSponsored by: Applicant
Public Hearing: December 2, 2025
CITY OF SEWARD, ALASKA
PLANNING AND ZONING COMMISSION
RESOLUTION 2025-035
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 FROM THEIR BUSINESS
LOCATED AT 408 PORT AVENUE WITHIN AN AUTO COMMERCIAL
(AC) ZONING DISTRICT
WHEREAS, The Tufted Puffin LLC has submitted an application for a Conditional Use
Permit (CUP) to allow the operation of a drive-thru window in association with its existing
marijuana retail store located at 408 Port Avenue; and
WHEREAS, the subject property is located within the Auto Commercial (AC) zoning
district; and
WHEREAS, prior to its conversion for marijuana retail use, the building on the property
operated as a fast-food restaurant with a drive-thru window, which remains in place but is currently
covered; and
WHEREAS, the window will comply with all applicable regulations established by the
Alaska Alcohol and Marijuana Control Office (AMCO); and
WHEREAS, pursuant to Seward City Code (SCC) §15.10.320, a marijuana retail store is
a permitted use within the Auto Commercial (AC) zoning district; and
WHEREAS, 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 approval of a Conditional Use Permit; and
WHEREAS, the proposed drive-thru window would be used to sell both retail marijuana
products and non -cannabis food and beverage items; and
WHEREA, the drive-thru facility is intended to enhance customer accessibility and
convenience, particularly for individuals with limited mobility or disabilities, as well as for those
seeking to minimize exposure to adverse weather conditions; and
WHEREAS, vehicle access to the drive-thru would be provided from Port Avenue, with
one-way traffic circulation along the east side of the building where the drive-thru window is
located; and
CITY OF SEWARD, ALASKA
RESOLUTION 2025-035
WHEREAS, the proposed drive-thru window is intended to serve existing customers of
the business and is not anticipated to generate a significant increase in traffic beyond the current
volume of vehicles entering and exiting the premises from Port Avenue and the Seward Highway;
and
WHEREAS, the applicant has satisfied all public hearing and notification requirements of
Seward City Code § 15.01.040; and
WHEREAS, Seward City Code §15.10.320 provides that certain uses may be permitted
as conditional uses within designated zoning districts when specific conditions are applied to
ensure compatibility with surrounding properties and to protect the public health, safety, and
welfare.
NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning
Commission, that:
Section 1. According to SCC 15.10.320 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 are met. According to SCC 15.10.320.D., the Commission shall establish a finding that the
use satisfies the following conditions prior to granting a conditional use permit:
A. The use is consistent with the purpose of this chapter (the Seward Zoning Code) and
the purposes of the zoning district.
Finding: This condition has been met. According to the Land Use Allowed Table,
§15.10.226, a drive-thru is allowed within the auto commercial (AC) zoning district
with an approved conditional use permit. The AC zoning district is defined as a zone
"intended to provide areas to accommodate highway -oriented commercial activities
such as offices, certain institutional uses, and limited personal services and retail uses
requiring substantial outdoor activity, traffic and parking, and which also serve the
offices and nearby residential areas, and which do not materially detract from nearby
residential areas."
The drive-thru is highway -oriented, providing convenient access for vehicles entering
and exiting from Port Avenue and the Seward Highway, consistent with the district's
purpose of accommodating commercial activities that generate traffic and parking
demand. The proposed use serves the existing customer base and the surrounding
community, including nearby offices and residents, without creating impacts that
would materially detract from adjacent properties. The building has also previously
operated as a fast-food restaurant with a drive-thru window.
i
CITY OF SEWARD, ALASKA
RESOLUTION 2025-035
B. The value of adjoining property will not be significantly impaired.
Finding: This condition has been met. The property is located within a commercial
zoning district where vehicle -oriented uses are common and anticipated. The drive-thru
is intended to serve existing customers and is not expected to generate a substantial
increase in traffic volume. Potential impacts related to lighting and vehicle circulation
can be effectively mitigated through site design, directional signage, and screening.
With these measures in place, the proposed use is expected to remain compatible with
surrounding properties and consistent with the intent of the Auto Commercial zoning
district.
C. The proposed use is in harmony with the Seward Comprehensive Plan.
Finding: This condition has been met. The proposal is in harmony with the Seward
2030 Comprehensive Plan.
Seward Comprehensive Plan (approved by Council, May 30, 2017)
Plan statements that are in harmony with this application:
Vol 1, Chapter 3.1.1.4 — "Support private sector business, employment, and
programs."
• Support and encourage the growth of business.
D. Public Services and facilities are adequate to serve the proposed use.
Finding: This condition has been met. The property is currently served by municipal
water, sewer, and electrical utilities. It has direct access to both Port Avenue and the
Seward Highway. These existing public services and facilities are adequate to
accommodate the proposed use.
E. The proposed use will not be harmful to the public safety, health or welfare.
Finding: This condition has been met. Vehicle access to the drive-thru will be provided
from Port Avenue, with one-way circulation along the side of the building, separate
from the vehicle circulation for general parking. This design minimizes conflict points
and maintains safe traffic flow throughout the site.
The property fronts a northbound merge lane onto the Seward Highway, which runs
parallel to the site and the drive-thru exit. Current traffic regulations prohibit left turns
across solid white lane lines within the merge lane, and all vehicles exiting the property
onto the Seward Highway are required by law to turn right. These existing traffic
controls ensure that the drive-thru operation will not create unsafe traffic conditions,
and compliance with these laws will maintain orderly vehicle movement and protect
the safety of both patrons and the general public.
CITY OF SEWARD, ALASKA
RESOLUTION 2025-035
In combination with standard site design measures, including proper lane width,
queueing space, and directional signage, the drive-thru is expected to operate safely
without negatively impacting the surrounding community.
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. The applicant shall coordinate with the Building Official during the building permit
review process to ensure compliance with all applicable provisions of the International
Building Code (IBC) and International Fire Code (IFC).
2. The applicant shall install signage on -site indicating one-way traffic flow for vehicles
accessing and exiting the drive-thru lane.
3. 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.
4. 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.
1
CITY OF SEWARD, ALASKA
RESOLUTION 2025-035
Section 6. This resolution shall take effect 10 days following its adoption.
PASSED AND APPROVED by the Seward Planning and Zoning Commission this 2nd day
of December, 2025.
THE CITY OF SEWARD, ALASKA
' - akni.e4
Brenan Hornseth, Vice Chair
AYES: Charbonneau, Verhey, Sullivan, Pemberton, Hornseth
NOES: Hubbard
ABSENT: None
ABSTAIN: None
VACANT: One
ATTEST:
Kris Peck
City Clerk
(City Seal)
1
Planning and Zoning Agenda Statement
Meeting Date: December 2, 2025
To: Planning and Zoning Commission
Through: Daniel Meuninck, Community Development Director
From: Applicant
Agenda Item: Resolution 2025-035, 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 from
their business located at 408 Port Avenue within an Auto Commercial
(AC) Zoning District
Background and justification:
The Tufted Puffin LLC has submitted an application for a Conditional Use Permit (CUP) to allow
operation of a drive-thru window in association with its existing marijuana retail store located at 408
Port Avenue.
The property is zoned Auto Commercial (AC). Prior to its conversion for marijuana retail use, the
building operated as a fast-food restaurant with a drive-thru window. The existing window remains
in place, though it is currently covered. If the CUP is approved, the applicant intends to install a new
window that meets all applicable regulations established by the Alaska Alcohol and Marijuana
Control Office (AMCO). AMCO has already approved the applicant's request to operate both a
drive-thru and a walk-up window at this location.
A marijuana retail store is a permitted use in the Auto Commercial (AC) zoning district. However, a
drive-in facility, defined in Seward City Code 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 approval of a Conditional Use Permit in this zoning district. Since the
sale of retail marijuana products is already an outright permitted use in the AC district, the Planning
and Zoning Commission's review should not focus on the acceptability of the retail sale of cannabis,
but rather on whether the addition of a drive-thru window is appropriate for this location and
compatible with surrounding properties, traffic conditions, and public safety, health, and welfare.
The Commission's evaluation should address the conditional use aspects of the drive-thru operation,
including circulation, access, queueing, and compatibility with neighboring uses, rather than the
underlying retail marijuana use itself.
The proposed drive-thru window would be used to sell both retail marijuana products and non -
cannabis food and beverage items. The drive-thru option is intended to enhance customer
accessibility and convenience, particularly for individuals with limited mobility, disabilities, or other
conditions that make exiting a vehicle difficult, as well as for those seeking to minimize exposure to
inclement weather.
19
Vehicle access to the drive-thru would be provided from Port Avenue and exit onto the Seward
Highway, with one-way traffic circulation along the east side of the building where the window is
located. The property fronts a northbound merge lane onto the Seward Highway, which runs parallel
to the site and the drive-thru exit. Current traffic regulations prohibit left turns across solid white
lane lines within the merge lane, and all vehicles exiting the property onto the Seward Highway are
required by law to turn right. These existing traffic controls ensure that the drive-thru operation will
not create unsafe traffic conditions, and compliance with these laws will maintain orderly vehicle
movement and protect the safety of both patrons and the general public
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."
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 (SCC) Title 15 does not include specific
development standards for drive-thru windows. Applicable requirements are limited to those that
apply to the principal structure, including setback, building height, and lot coverage standards —
all of which the existing building complies with. The structure on the property is an existing
building that was purchased and renovated for use as a marijuana retail store.
For low -volume drive-thru facilities, a minimum lane width of 10 feet and a queue length of 40 to 60
feet are generally recommended to accommodate waiting vehicles. The as -built drawing submitted
with the application indicates a 10.5-foot lane width between the building and property boundary,
and a queue length of approximately 87 feet, which meets these recommended standards.
20
Surrounding Land Use: A paved pedestrian pathway parallels Port Avenue along the southern
boundary and the Seward Highway along the western and northern boundaries of the property.
• West (across Seward Highway): Zoned Auto Commercial (AC); developed with a motel.
• South (across Port Avenue): Zoned Harbor Commercial (HC); developed with an auto
parts store.
• East (adjacent parcel): Zoned Auto Commercial (AC); contains telecommunications
equipment within the Alaska Railroad right-of-way.
Floodplain status: According to the Kenai Peninsula Borough Floodplain Map, the property is
not located within a Special Flood Hazard Area (SFHA).
Utilities: The property is connected to City water, sewer, and electrical service.
Parking: Drive-thru windows are not subject to a specific parking requirement under SCC Title
15. The existing retail use meets all applicable parking requirements for its use category.
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
Staff Comments
Department
Comments
No
Comment
N/A
Building Department
X
Fire Department
X
Public Works
Department
X
Harbor Department
X
Police Department
X
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
21
publication of this agenda statement, it will be submitted to the Planning and Zoning
Commissioners for their review.
Recommended Conditions
1. The applicant shall coordinate with the Building Official during the building permit
review process to ensure compliance with all applicable provisions of the International
Building Code (IBC) and International Fire Code (IFC).
2. The applicant shall install signage on -site indicating one-way traffic flow for vehicles
accessing and exiting the drive-thru lane.
3. 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.
4. 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.
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.
22
Context Map
Single-family Residential
Two-family Residential
Multi -family Residential
Auto Commercial
Harbor Commercial
Industrial
Resource Management
Park
i I 200 feet
Conditional Use Permit Application Property Map
RES 2025-035 - Granting a conditional use permit to operate a drive-thru window
to sell retail cannabis products and non -cannabis food and beverage items
Location: 408 Port Ave
Parcel #: 14510405
28
1) DUE TO SNOW & ICE COVER.
SONE SURFACE LEVEL FIATURFS
ARE APPROMMATE.
2) A PORTION Of THE LOT WAS
TAKEN eh' Ak0OT&Pf FOR Ft.O,W,
(0oa. No. 2O0e-001171-0)
/
/
408 Port Ave. Seward AK As Built Survey
Dccu8121 Irrrydepa 10: 16FEE3CA-a1'E2•10 bBEB1rOEEEf•4111031
/
12/10/2022 12132 PW AK
r/
/
PORT AVENUt
MORTOAOC SURVEY .ai,e
1000 Daryl Avenue, Anal -moose. kook.) 09616 —3tle9
Lang8C Associates, inc. aAsa Phan°
konelanaeuroey.sam
Professional Land Surveyors iorOIonasue rn
ravietilangeurey.aern'G'O/
1 hereby eerply Mat 1 haw surveyed the fellewIne desdlagd property' .4$� ,•*,
REMAINDER a! LOT 1, BLOCK 2, WORTH t4ARDOR SUB0N19ION (PLAT Na. 00) % r
Sward RoCntra tq Dlstrlol. Moshe. and that MN' liortaaae lamella/1 Survey I a
representation al the oondllrom that wire found am IFte dale Ms surrey was performed.
The survey does not oonellhrM a boundary survey end Ls subject to any ina0Curaole■ `
That a subsequent boundory swvey may dleatOge. The biiarenollun contained hereon !hoe iFEIrt�Eff14.IN10 • f�.
not be used le ertablIeh oay dame, ■Irueture, or ether ynprevernente. • .., •f4`
.1 t.TA •
WW1 lhlr the ...___ Day of _�.3dd' `kJl.++_-----.'��'—. al Mahbrage. Macke y
p+�7VpfglAti;
x` .10a.0
m
FUEL dL TAW
10.3•
1 EMORY
COMMERCIAL
IUILDiNC
7.e•.3■e'
01Rr1Na
1NJ.l.R
SCALE
GRID ,,, y�..r�. Frolent N0, 77_7!i7LA1
11 le the rrepenelbllFly of Ih► Owner re determine the etlrlaneo of any eoeemenle.
oarenbnte, or ra■trlvllfons which de not appeor an the recorded suttabltion peat.
Mate of Alaska AECC803
TUFTED PUfflN
RECREATIONAL DISPENSARY
10/28/2024
The Tufted Puffin
www.thetuftedpuffin.com
CITY OF SEWARD, ALASKA
AFFIDAVIT OF MAILING
PUBLIC HEARING NOTICE
Croct r , upon oath, deposes and states:
That she is employed in the Community Development Office of the City of
Seward, Alaska; and that on I I lig 1c o '& S she mailed a Notice of
Public Hearing to the real property owners within a 300-foot periphery of
North Harbor Subdivision, Lot 1, Block 2; Located at 408 Port Avenue
as prescribed by Seward City Code 15.01.040/16.01.015.
Affirmed and signed this I Lk day of OooeiirW2025.
AFFIDAVIT OF POSTING
PUBLIC HEARING NOTICE
1, /? Y? ( e, wc,113 , hereby certify that I have posted a
Notice of Public Hearing, as prescribed by Seward City Code
15.01.040/16.01.015 on the property located at North Harbor Subdivision,
Lot 1, Block 2; Located at 408 Port Avenue on which the applicant has
petitioned for a Public Hearing for a Conditional Use Permit to construct and
operate a drive-thru window to sell cannabis products and food and beverage
items, within an Auto Commercial (AC) Zoning District.
The notice was posted on I�owQ,mbe/ , which is 15
days prior to the public hearing on this petition. I acknowledge this Notice
must be posted in plain sight, maintained and displayed until all public
hearings have been completed.
Affirmed and signed this ! day of jig o U , 2025.
50