HomeMy WebLinkAboutP&Z Commission Meeting 12_2_25 TRANSCRIPT v3 1
KRON ASSOCIATES COURT REPORTING
1113 W. Fireweed Lane, Suite 200, Anchorage, Alaska (907) 276-3554
CITY OF SEWARD PLANNING & ZONING COMMISSION MEETING
City Council Chambers
410 Adams Street
Seward, Alaska 99664
MEETING EXCERPT December 2, 2025
7:00 p.m.
COMMISSIONERS PRESENT
Brenan Hornseth, Vice Chair
Nathaniel Charbonneau
Vanessa Verhey
Clare Sullivan
Rhonda Hubbard
June Pemberton
STAFF
Daniel Meuninck,
Community Development Director
Courtney Bringhurst,
City Planner
Jamie Crocker,
Executive Assistant
Jodi Kurtz, Deputy City Clerk
RESOLUTION 2025-035
PETITIONER: The Tufted Puffin LLC
REQUEST: Conditional Use Permit (CUP) to operate a
drive-through window to sell retail cannabis
products and non-cannabis food and beverage
items from their business located at 408 Port
Avenue within the Auto Commercial (AC) Zoning
District
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P R O C E E D I N G 1
(on record: 7:00 p.m.) 2
CALL TO ORDER 3
MR. HORNSETH: I call this December 2nd, 2025 Planning and 4
Zoning Commission regular meeting to order. Please silence 5
your cell phones and devices. Commissioner Sullivan, would you 6
please lead us in the pledge? 7
MS. SULLIVAN: Sure. 8
PLEDGE OF ALLEGIANCE 9
(Pledge of Allegiance recited) 10
MR. HORNSETH: All right. Next up on the agenda is the 11
roll call. Deputy City Clerk, please call the roll. 12
ROLL CALL 13
DEPUTY CLERK: Okay. Roll call for tonight's meeting. 14
Verhey? 15
MS. VERHEY: Here. 16
MADAM CLERK: Pemberton? 17
MS. PEMBERTON: Here. 18
DEPUTY CLERK: Hubbard? 19
MS. HUBBARD: Here. 20
DEPUTY CLERK: Sullivan? 21
MS. SULLIVAN: Here. 22
DEPUTY CLERK: Charbonneau? 23
MR. CHARBONNEAU: Here. 24
DEPUTY CLERK: And Vice Chair Hornseth? 25
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MR. HORNSETH: Present 1
DEPUTY CLERK You have a quorum. 2
(this portion not requested) 3
PUBLIC HEARINGS 4
MR. HORNSETH: The first public hearing item is Resolution 5
2025-035. Deputy City Clerk, would you please read the title 6
for the record. 7
Resolution 2025-035 8
DEPUTY CITY CLERK: Resolution 2025-035, of the Planning 9
and Zoning Commission of the City of Seward, Alaska, granting 10
the conditional use permit to the Tufted Puffin LLC to operate 11
a drive-through window to sell retail cannabis products and 12
non-cannabis food and beverage items from their business 13
located at 408 Port Avenue within an Auto Commercial (AC) 14
zoning district. 15
MR. HORNSETH: I'll need a motion and a second. 16
MS. SULLIVAN: I'll make a motion to approve the 17
Resolution 2025-035. 18
MR. CHARBONNEAU: I'd like to second it. 19
MR. HORNSETH: Okay. Any discussion on this, so far? 20
MS. SULLIVAN: Well, just a -- 21
DEPUTY CITY CLERK: I think (indiscernible) 22
MR. HORNSETH: Okay. I'll just call for a vote then. 23
Sorry (indiscernible -- simultaneous speech). 24
MS. SULLIVAN: (Indiscernible -- simultaneous speech). 25
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Yeah, that would be nice, but yeah. (Indiscernible -- 1
simultaneous speech). 2
(Multiple parties speaking simultaneously) 3
MR. HORNSETH: What I want to say is, does any 4
Commissioner need to declare any potential conflict of 5
interest, or does anyone request a commissioner recuse 6
themselves from participating due to a conflict of interest or 7
proceed bias? 8
MS. SULLIVAN: No. 9
MR. CHARBONNEAU: No. 10
MS. VERHEY: No. 11
MS. HUBBARD: No. 12
MR. HORNSETH: Do the Commissioners need to divulge any ex 13
parte communication? 14
MS. SULLIVAN: I think the only thing that -- and probably 15
the other commissioners have the same thing -- we've gotten 16
emails from the public and you can just, you know, respond, 17
thank you for your input. But there was no, really, dialogue. 18
I just want to make sure that's all good, that we all had a -- 19
somebody reach out and have, you know, provide their sentiment. 20
MR. CHARBONNEAU: Yeah, I've had a number of calls or 21
people contact me and speaking with, and just trying to mention 22
that -- can't think of a particular thing that we talked about, 23
but this is how it works. 24
MS. SULLIVAN: Yeah. 25
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MR. CHARBONNEAU: Protocol. 1
MS. SULLIVAN: Yep, that's just about it. 2
MR. HORNSETH: All right. Administration, do you have any 3
comments? 4
MS. BRINGHURST: Yes. Thank you, Commissioner Hornseth. 5
So we've received a conditional use permit application from the 6
property owner of 408 Port Avenue to operate a drive-through 7
window, that there is a (indiscernible -- garbled audio) 8
marijuana retail store. The property is zoned Auto Commercial. 9
The marijuana retail store is permitted outright in this 10
district. However, a drive-in facility requires a conditional 11
use permit in our land uses allowed table. With the marijuana 12
retail use being allowed outright, the Commission's review is 13
primarily focusing on the appropriateness of adding a drive-14
through component to its existing use. The building formerly 15
operated as a fast-food restaurant and retained the covered 16
drive-through window. 17
The Alcohol and Marijuana Control Office -- AMCO -- has 18
already approved both the drive-through and walk-up window at 19
the (indiscernible -- garbled audio) location. AMCO regulates 20
how the marijuana dispensary drive-through operates, including 21
what products may be sold and to whom, and the Commission 22
should evaluate the appropriateness of a drive-through window 23
at this location and within the zoning district, as well as the 24
adequacy of the site plan and the functionality and safety of 25
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the drive-through configuration at this location. 1
So, the following are the development and safety 2
considerations that were evaluated by staff. So first, onsite 3
circulation and queuing space. A low-volume drive-through 4
typically serves up to 40 vehicles per hour with recommended 5
queuing capacity for four to six vehicles. The proposed site 6
plan -- plan in the packet provides approximately 80-feet of 7
queuing area, which is enough to hold about four vehi -- four 8
vehicles without extending into the parking area or the public 9
right of way. And the proposed lane within the drive-through 10
is consistent with the recommended 10-foot width for low volume 11
drive-throughs. 12
Traffic movement and safety considerations. So, this -- 13
this project does not propose any new curve cuts on the 14
property. Vehicles will continue to enter and exit as they do 15
today, and while they've noted in the agenda statement in the 16
packet that the driveway connection to the Seward Highway is 17
located near a busy intersection and adjacent to a busy merge 18
lane, left turns over the merge lane are prohibited under state 19
law, currently, and so, enforcement would apply to any unsafe 20
or illegal maneuvers, such as turning left out of the property 21
onto the Seward Highway. 22
Traffic increase considerations. So, studies that we've 23
reviewed show that the addition of the drive-through window may 24
increase daily vehicle trips, though impacts vary widely by the 25
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business type and the site context. So, the Institute of 1
Transportation Engineers' trip generation manual and comparable 2
community studies record a potential increase of 15% to 100% in 3
traffic volume. For this specific site, the owner has 4
estimated that an average of 25 vehicle -- vehicles frequent 5
the property per day. Based on this estimated range of 6
potential traffic increases, daily trips with the addition of 7
the drive-through could rise to approximately 29 to 50 vehicles 8
per day, and spread out across a 10-hour operated day, this 9
equates to roughly three to five vehicles per hour, which is 10
well below that threshold of a low-volume drive-through, which 11
you remember was 40 vehicles per hour. 12
And then, finally, compatibility with the surrounding land 13
uses. All surrounding properties are zoned commercial or 14
industrial, which is only compatible with the codes used at the 15
auto-oriented drive-through. No exterior speakers or amplified 16
menu boards are proposed with this (indiscernible), and all 17
state marijuana packaging requirements, including sealed odor-18
controlled products will remain in effect. The proposed 19
conditions are number one, that applicants will work the 20
building officials to ensure full compliance with applicable 21
international building code standards during their permit 22
review, and the applicant shall install on-site signage 23
indicating the one-way traffic flow for the drive-through lane. 24
MR. MEUNINCK: And I do want to add a few things upon this 25
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one because I know that there's a lot of interests, questions. 1
Cheryl of the public is here for this one, and it would be 2
helpful to just understand a little bit about everyone's role 3
up here at the dais. 4
The six commissioners here to my left are the ones who 5
would be adjudicating this case and voting. Myself, Courtney, 6
Jamie work for the Community Development Departments, and Jodi 7
obviously representing the Clerk's Office. And so, the four of 8
us, we do not have votes but we kind of help support the 9
Commission, and our office, when it comes to conditional use 10
permits and variances, where are considered quasi-judicial 11
proceedings -- our goal is to try and be as neutral as 12
possible. 13
We have an obligation to assist any applicant, to help 14
them be prepared for this proceeding and understand everything 15
that goes on to set them up for success, to present their case. 16
And we also have an obligation to the Commission to make sure 17
you have adequate information, through the applicant, to help 18
make that decision. 19
And in the spirit of assisting the Commission, I have 20
spoken with City attorneys recently on this one. I'm going to 21
do my best to relay some of that -- those take-aways -- because 22
on the face, this one, I think, can be a little tricky because 23
you are hearing a proceeding on the drive-through facility 24
that's happening at a marijuana retail store, which, as 25
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Courtney mentioned, those are two separate land uses. And so 1
right now, in code, marijuana retail stores are allowed 2
outright the conditional use permits needed for the drive-3
through and so, because this permit is for the drive-through 4
facility, that is really what the Commission needs to focus on 5
when examining your review criteria for conditional use 6
permits. 7
So common considerations when examining the drive-8
throughs, review criteria would be traffic considerations, 9
pedestrian safety, noise/light impacts, site design and layout, 10
and parking requirements. And so, regardless of any personal 11
beliefs on the use of marijuana or if there should be marijuana 12
retail stores in Seward. From a legal standpoint, the best 13
advice I can give to the Commission is to make sure you are 14
applying the review criteria to the drive-through. 15
Because whether you agree with it or not, the state has 16
party adjudicated the issue of marijuana use when they 17
legalized it. The City has already adjudicated use when they 18
allowed marijuana retail stores to be allowed outright. And 19
even the mechanism for delivering a product through a drive-20
through is already regulated by the state through the Alcohol 21
and Marijuana Control Office. 22
And so, best example I can give is like a McDonald's. If 23
there was a McDonald's in that spot and they wanted to put a 24
drive-through, one of your review criterias -- the proposed use 25
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will not be harmful to the public safety, health and welfare. 1
Again, you're just looking at the drive-through. So if you 2
think fast food is not healthy or safe for the public, you 3
couldn't deny that permit because the fast food is actually an 4
allowed use. 5
And so, hopefully, that clarifies from a legal lens how 6
the Commission should be looking at this permit. We'd be happy 7
to answer questions throughout the proceedings if that -- if 8
that helps. 9
MS. HUBBARD: I have a question right now. 10
MR. HORNSETH: Is it for Administration? 11
MS. HUBBARD: Yeah. 12
MR. HORNSETH: Okay. 13
MS. HUBBARD: Yeah. Courtney, you mentioned low-volume. 14
Is there a medium volume? Is there a high volume that the 15
drive-through was -- was measured by? 16
MS. BRINGHURST: I didn't focus on any of the statistics 17
for high volume since this fit into the category of low volume, 18
but I can try and find that information for you if you -- if it 19
was appropriate, but it does fall very securely within the low 20
volume. 21
MS. HUBBARD: Okay. So if it was medium volume, you'd 22
need more -- 23
MS. BRINGHURST: Right. So yes. Sorry if I misunderstood 24
-- 25
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MS. HUBBARD: -- space. 1
MS. BRINGHURST: Yeah. So, a medium to high-volume then 2
would be additional length for cuing space or additional width 3
for the lane -- perhaps even a second lane to accommodate more 4
vehicles. So, that's what higher volume drive-throughs would 5
then require, is just more space. 6
MS. HUBBARD: Okay, because we talked about before there 7
was a much higher number, which -- yeah, I was appalled at, and 8
that was probably a mistake. 9
MS. BRINGHURST: Yeah, that was per so that would 10
translate into the number I had previously said would be per 11
day. 12
MS. HUBBARD: Per day? 13
MS. BRINGHURST: Yeah. 14
MS. HUBBARD: Okay, thank you. 15
MR. HORNSETH: Okay. Is the applicant here and wish to 16
speak? 17
MR. WELLS: I am. Thank you. 18
MR. HORNSETH: I believe you have 10 minutes to speak and 19
any time you do not use, may use -- may be used for your 20
rebuttal after we open public hearing. 21
MR. WELLS: Thank you. Good evening commissioners. Randy 22
Wells here, representing both the Tufted Puffin and Two Black 23
Dogs Property Management, which is the company that owns the 24
property. Although I could outline all the reasons why you 25
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should vote yes on Resolution 2025-035, I believe the Community 1
Development Department has done an incredible job presenting 2
our position and supporting rationale. 3
In addition, our company supplied over 100 signatures in 4
favor of our company operating the drive-through service. 5
Instead, I'd like to use our allocated time to focus on a 6
larger issue that impacts not only this resolution, but also, 7
every property owner in our community, and the future of 8
development in Seward. Conditional use permits were originally 9
designed as safeguards but in practice, they often become 10
barriers. Developers and community members alike face months 11
of hearings, appeals, and uncertainty. Instead of protecting 12
neighborhoods, CUPs often become tools for blocking projects, 13
such as housing and small business development. 14
Conditional use permits were intended to safeguard 15
neighborhoods but in practice, again, they delay projects for 16
months or years, the inter -- they have the opportunity to 17
introduce bias and favoritism into approvals, they discourage 18
investment and housing development and the allow subjective 19
opposition to block projects. If you want Seward to thrive 20
year-round, we need a system that's predictable, equitable, and 21
aligned with our long-term vision. 22
In my opinion, this means moving away from CUPs, towards 23
more modern zoning tools. I supplied a lay down ahead of 24
tonight's meeting that's available up here, and then each 25
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commissioner received it I believe, as well, in ways of 1
modernizing our CUP process. The solution is to replace CUPs 2
with modern tools that are being used in multiple cities 3
throughout our country. For example, objective performance 4
standards which measure rules for traffic, noise, environmental 5
impact and safety -- form based codes which design focused 6
regulation that protect neighborhoods' character while allowing 7
flexible uses. Highbred ordinances which combine standards and 8
design rules for balance protection, and by right approvals, 9
which are predictable, transparent approvals when all standards 10
are met. 11
A lot of concerns, though, could come from doing away with 12
the CUP process, such as loss of community input. The CUP 13
hearings provide input late in the process, often politicizing 14
projects. Modern zoning shifts input to ordinance drafting, 15
where residents help shape the rules in advance, and once 16
adopted, those rules apply equally to all applicants. 17
Other common concerns are a risk of incopar -- 18
incompatible uses, but objective standards prevent harmful 19
impacts by setting measurable thresholds, and form-based codes 20
ensure design compatibility with neighborhood character. Some 21
might say there's only going to be a lack of accountability 22
without CUPs. But enforcement is clear when standards are 23
codified and compliance is more measurable. Loss of 24
flexibility is another concern, but highbred ordinances prefer 25
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flexibility while removing bias. Innovative projects can 1
proceed if they meet design and performance rules. 2
We won't all agree on what everyone will do or should do 3
with their property, but we must avoid biased actions at all 4
costs. For example, I may personally disagree with new hotels, 5
churches, restaurants, multifamily housing, cannabis 6
dispensaries or bars, but this does not mean that I have the 7
right to prevent my community or business owners and property 8
owners from investing in their property how they see fit. 9
Our city needs to move away from any opportunity for 10
biased decisions, especially from our governing bodies. By 11
modernizing our CUP process with objective performance 12
standards, form-based codes, and highbred ordinances and by-13
right approvals, we can ensure Seward has a fair growth, is 14
transparent, and free from favoritism. And with respect and in 15
fairness to all, I'm going to reserve the rest of my time, or 16
happy to answer any questions related to the CUP application. 17
MR. HORNSETH: Do the commissioners have any questions for 18
the applicant? 19
MS. SULLIVAN: Actually, yeah. Yes. Mr. Wells, I do have 20
a little bit of one. How -- you -- you're also a medical 21
marijuana dispensary too, right? 22
MR. WELLS: Thank you for the question. I wasn't going to 23
answer any marijuana questions tonight because they're not 24
directly related to the CUP process. However, the State of 25
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Alaska does have a medical marijuana program. It is designated 1
for people who are under the age of 18. There are no medical 2
marijuana sales or medical marijuana licenses in the state of 3
Alaska. 4
MS. SULLIVAN: Okay. 5
MR. WELLS: We -- 6
MS. SULLIVAN: My research shows something different when 7
I go onto the AMCO Board and the rest, like that, but that's 8
okay. I'm just -- I'm just trying to see what kind of people, 9
you know, what -- you know -- people that are coming through, 10
you know, because I know a lot of people are getting a little 11
bit, you know, concerned about, you know, handing stuff through 12
the window and things like this, and I understand that 13
everything's very pre-packaged, paid for and everything else. 14
Because not everybody also buys just marijuana, or whatever, 15
but when they go through the window, they can be going and 16
getting, you know, CB -- regular CBD -- that's not THC. 17
A variety of things as well as medical marijuana. So I'm 18
just trying to highlight and maybe a lie some concerns that 19
it's not just marijuana just always, you know, going out the 20
door, and trying to get a better feel of what is the, you know, 21
the transfer through the Board. 22
MR. WELLS: May I respond? 23
MS. SULLIVAN: Yes. 24
MR. WELLS: Yes, thank you. That's a great question. And 25
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so one of the visions for the Tufted Puffin is not to be known 1
as a cannabis retail store. Our brand is so much more than 2
that. We have espresso drive-throughs and we're opening a café 3
at our Soldotna location, right now. And this location, yes, 4
it will serve cannabis products, but over the next four years, 5
it will be recognized as a café, coffee, and a live-music venue 6
that also sells cannabis, not alcohol. 7
MS. SULLIVAN: Thank you. 8
MR. WELLS: Thank you. 9
MR. HORNSETH: Anymore questions that we have? 10
MS. VERHEY: I have a question. 11
MR. HORNSETH: Okay. 12
MS. VERHEY: So, we see on the drawing the directive 13
window will be on the East side of the building, correct? 14
MR. WELLS: Correct. 15
MS. VERHEY: Yeah. And the old one was on the left side, 16
is that correct? 17
MR. WELLS: Oh, I take -- 18
MS. VERHEY: No? 19
MS. SULLIVAN: It's the same place. 20
MS. VERHEY: It is the same? 21
MR. WELLS: It's the same space, yeah. 22
MS. SULLIVAN: Same place. 23
MS. VERHEY: Okay. Okay. Sorry. It's flipped in my 24
head. That's how we'll go. 25
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MR. WELLS: It happens in my head, too. 1
MS. VERHEY: Okay. 2
MR. HORNSETH: Okay. Thank you. 3
MR. WELLS: Thank you, commissioners. 4
MR. HORNSETH: With that, I'll open the public hearing. 5
Deputy Clerk, is there anyone signed in to speak? 6
DEPUTY CLERK: There is. We have five and the first one 7
is Maya Moriarity. 8
PUBLIC COMMENTS 9
MS. MORIARITY: It's five minutes? 10
DEPUTY CLERK: Five minutes. 11
MS. MORIARITY: Okay. My name is Maya Moriarity. I 12
reside outside the city limits but I've worked within the city 13
limits for 28 years. I do not support the resolution 2025-035. 14
The packet allows for a low traffic drive-through facility but 15
a coffee drive-through has a much higher traffic volume 16
industry wide than both restaurants and cannabis stores. 17
The queue length for an average volume coffee drive-18
through is 140 to 180 feet per industry standards. A busy 19
drive-through is even longer. This average length is twice the 20
87 feet the applicant states they have available. Since the 21
applicant has submitted 107 signatures from his customers, we 22
can anticipate increased use further supporting a longer queue 23
length. 24
It has been over 25 years since a restaurant operated at 25
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this location. Since that time this corner has had a dramatic 1
increase in road traffic, with much more to come when 2
construction is completed on the cruise ship terminal and Hotel 3
360. 4
At this time, there is no alternative route for buses and 5
semis to take. The bike path also didn't exist 25 years ago. 6
It is often used by unsupervised youth. The drive-through 7
traffic flow exits across the bike path. We've all read the 8
horror stories of youth being run over because the driver 9
didn't see them. How horrible would that be? If it's a one-10
way, you're especially looking this way and so you don't always 11
see the traffic that -- I've done that. There's a -- like 12
someone walking on the crosswalk and you don't see them this 13
way because you're only looking that way. 14
In July 2025, the city manager of Batavian, outside 15
Rochester, New York, wasn't in favor of drive-through cannabis 16
sales. Rachel Tvelski said in an interview, the drive-through 17
format presents heightened risk to public safety. Allowing 18
individuals to purchase cannabis without leaving their vehicles 19
diminishes the opportunity for meaningful customer screening, 20
responsible service, and proper education on usage and the 21
limits. 22
This model could inadvertently encourage consumption in 23
vehicles, increase the potential for impaired driving, and pose 24
enforcement challenges for local law enforcement agencies. In 25
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addition, drive-through dispensaries are likely to generate 1
higher volumes of traffic and congestion. And finally, she 2
said, we have an obligation to maintain a careful balance 3
between economic opportunity and the wellbeing of our citizens. 4
While we recognize the potential for revenue generation 5
from cannabis related business, we believe that such 6
establishments must be held to high operational and locational 7
standards. I agree with her and firmly believe that the 8
commissioners on P&Z were focused on these concerns, especially 9
the last, when they presented code changes to City Council at 10
the joint work session held a year ago. 11
Had Council supported the unanimous recommendations from 12
Planning & Zoning, drive-through cannabis sales would not be 13
allowed today and the bike path would fall under the definition 14
of parks. The public and various health-focused organizations 15
are still waiting for the follow-up meeting to be scheduled. 16
Should P&Z approve this CUP, additional conditions should be 17
considered, like months of operation, no minors in a vehicle, 18
and a longer queue lane. However, I ask that P&Z vote no on 19
this resolution because the location is not safe for a drive-20
through, regardless of what is being sold. 21
MR. HORNSETH: Thank you. 22
DEPUTY CLERK: Next is Nathan Smith. 23
MR. SMITH: Here we are again, a year later. Nathan 24
Smith, outside city limits. I think this is just another work 25
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around and a -- and a word play that so many of us have come in 1
here and time and time again have expressed their opinions on 2
this going through. So in -- in realizing that and how it is 3
worded, and how he worded how we should look at the -- this 4
should not be a decision today by -- on a CUP, or CPU -- by 5
this Council. This should actually go up to the -- our City 6
Council and figure out whether or not we want to have what 7
passes through there. 8
So, in saying that, you guys approve this, it now gets 9
grandfathered in and it takes away from the public of what we 10
would want to have happen there, and by doing that, he's 11
circumnavigating through what we would with our codes on saying 12
we can only look at it in this direction. Well, that's not 13
entirely true. That should be a decision based by our Council 14
and by the public. There -- there's -- there's, you know, the 15
City Council of Anchorage, which we can agree is pretty 16
progressive and -- in their decision making keeps voting it 17
down. Well, what makes them smarter than us on what -- what's 18
going on? What research have they done that we're missing on 19
certain things? 20
I know this is -- comes from a lot of -- from the heart 21
from a lot of people, and yanked decision on it. But what your 22
decision makes here grandfather's in and we can't take back. 23
So I think this needs to go to a higher authority and say hey, 24
do we want marijuana to go through a drive-through first, and 25
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then come back to this. That is what our Council's there for. 1
I don't think we're here to make a decision based on we can't 2
decide on what's going through that window. I mean, is that 3
not the explanation I got from him just a second ago? Said we 4
could only look at it as a drive-through window and not what 5
goes through there. We don't have any ordinances? It has been 6
brought up to City Council in that nature. We haven't had a 7
public forum about it so I think we need to have that 8
discussion if we're going to go that route, and thanks for your 9
time. 10
DEPUTY CLERK: Next is Wayne McNearny (ph). 11
MR. MCNEARNY: Thank you. I honestly didn't know that's 12
what I was signing when I signed in but nonetheless, I kind of 13
just want to reiterate a lot of the things that Maya said. It 14
didn't -- we talked about it as this minimal use drive-through. 15
While we're in the process of building a new cruise ship 16
terminal that's going to bring in a massive amount of people 17
who are driving rental cars on a very dangerous road to 18
Anchorage, and on their way through, they're going to buy 19
marijuana and head to the airport that they can't take on the 20
plane or use, or take with them. It has to be used before they 21
leave. 22
I think it's just a highly dangerous and just 23
irresponsible to offer that as an option for people. I think, 24
for me personally, I used to be a severe addict myself, and I 25
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know for a fact that if there was a drive-through window and I 1
could buy weed, I would get it and I would smoke it, and I 2
would drive my car. And I know that there are thousands of 3
others just like me. Whether they're ready to admit that or 4
not, now, is completely different, but I think we're opening it 5
up for the potential for a lot of really terrible things to 6
happen to people, not to mention -- we already struggle getting 7
around in this town in the summertime. I mean, it's -- it's 8
pretty compacted at times. 9
And now you're going to add in all these cars. I -- I 10
just don't see four being -- I think there's a potential to 11
grow into something much larger, which is going to impact our 12
ability to work around town, our ability to get places. I 13
think it's going to cause a severe amount of congestion. And I 14
agree with another part that Maya said, that turning out of 15
there -- you're turning right. She's correct. People tend to 16
pay attention to the left hand because that's the only traffic 17
they're worried about. There's a potential for some very 18
serious accidents, not to mention just -- how do we check? How 19
do we know that the ID's are being correctly checked? How do 20
we know that the people in the car are truly their age? 21
There's a difference when you see somebody face-to-face 22
and you have the opportunity to look at their ID, look them in 23
the eyes, see whether they're intoxicated, see whether it's the 24
responsible thing or not to sell to them. You put them 25
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outside, away from you, at night, in the dark, low lighting, 1
how do we know who's really in the car? How do we know that 2
it's really being -- I think it just has the potential to go 3
sideways really fast. I would definitely be against this. 4
Thank you. 5
DEPUTY CLERK: Next is Katie Cornwell. 6
MS. CORNWELL: Thank you. My name is Katie Cornwell. I'm 7
the executive director of the Seward Prevention Coalition. I'm 8
here on behalf of my role in the Seward Prevention Coalition 9
and I can answer any questions, but I want to point out some 10
things. Very specifically, I know that we could talk all day 11
about the safety and health of our community, especially around 12
cannabis use, but since you want to gear towards specifically 13
this drive-through window, and so I'll try and talk about some 14
of those things. 15
First, what they've shown, we've done this experiment. 16
We've done it with alcohol, okay? We've had drive-through 17
windows with alcohol in the United States for a very long time. 18
We have a lot of studies around what that does to the 19
communities that have drive-through alcohol sales. Marijuana 20
is the same way. What they've found is that 68% of those who 21
use the drive-through are high-risk users. They're more likely 22
to be under the influence when they do use a drive-through 23
window, for a lot of the reasons that people have already 24
explained. It's because they're not required to walk into a 25
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store, they're not required to be assessed by somebody who is 1
selling it to them. 2
It's a much easier access, and it also grants -- what is 3
it? Impulse purchasing goes up. When you remove that barrier 4
of somebody having to like park their car, make the conscious 5
decision to go up into a building, so increase in use goes up. 6
It also increases the use rates of any youth living within five 7
miles of that dispensary or, in regards to alcohol sales, 8
within the district, either. We have seen -- and that's 9
because you're increasing access. And that's what they want to 10
do. They want to increase access into our community for 11
marijuana, but not for, you know, the three -- or people in our 12
community who don't want to walk into a store. 13
They want to increase access to their primary clients 14
because when it comes to cannabis sales, alcohol sales, 15
nicotine, tobacco, 80% of sales is consumed by 20% of the 16
clients. Those are the 68% that are coming through the drive-17
through window now, and 67% are likely to use in their vehicle 18
once those purchases have been made. And that is a trend that 19
they saw with alcohol drive-through and is going to be the same 20
here. And that is impacting the health and safety of our 21
community. 22
They also cite in their application that this won't impact 23
the health and safety of our community, in just referencing 24
cars and how they're going to be. But we're talking about how 25
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is this long-term impacting the health and safety of our 1
community? When it comes to increasing youth use, that's 2
increasing the number of adults in our community 10 years from 3
now who are going to have addiction issues. 4
The alcohol industry, the tobacco industry, cannabis 5
industry knows that in order to have clients they have to get 6
youth using their products. That's where the dependency comes. 7
Once a kid reaches 21 without ever using any kind of substance, 8
they are virtually certain to never have an addiction problem. 9
Okay? So in order to have that 20% of your clientele that's 10
purchasing 80% of your product, you need children to be using 11
these drugs. And in order to do that, you need to increase 12
access, which just allows them to be in a car when somebody is 13
driving through and purchasing marijuana, where they wouldn't 14
be allowed into the store. 15
Or, say you're now just selling coffee out of your drive-16
through window. Is anybody allowed to buy coffee out of your 17
drive-through window? So now you're allowing 18-year olds, 16-18
year olds to drive through and purchase coffee, because that's 19
all they're purchasing, right? That impacts our children and 20
will increase the addiction rates within our adult population, 21
based on our youth use rates. When marijuana became legal, we 22
went from a 17% use rate among our teen -- among our children 23
to 40%. That was a huge jump just in the legalization of it. 24
We will see an increase in the access with this drive-25
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through window. I have so much more to say but I'm out of 1
time. But does anybody have any questions in regards to -- I 2
also want to point out that AMCO does not say that this is a 3
safe thing, or more effective. There's nowhere -- anywhere. 4
They are not a recommendation body, they're just checking to 5
make sure that people are meeting the needs. So them saying -- 6
them giving a license is not them proving that this is a safe 7
thing for community. That's for our community to determine and 8
we should be the ones that determine if that's allowable in our 9
community. 10
MR. HORNSETH: Thank you. 11
DEPUTY CLERK: And the last on the list is Annette -- 12
Annette Reese. 13
MS. REESE: I don't want to. Not speak. 14
DEPUTY CLERK: Okay. So that is everyone that's on the 15
list. 16
MR. HORNSETH: Is there anybody else in the public who 17
wishes to speak? 18
MR. JONES: Okay. Hi. My name is Dalton Jones. I do 19
live inside city limits and I just want to say that I am in 20
support for Resolution 2025-35, and that's it. 21
MR. HORNSETH: Thank you. Okay. Is there anybody else? 22
MR. WYBERG (PH): Andy Wyberg (ph), inside city limits. I 23
was just thinking about something when Wayne was talking about 24
all the traffic with, you know, the cruise ship terminals 25
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expanding hugely, and the -- the writer of the -- of this 1
proposal, you know, wants us to take strictly into what's in 2
front of us. But how do you take into con -- how do you take 3
into consideration that there's a mass -- going to be a mass 4
amount more traffic coming through this new cruise ship 5
terminal and -- and they're asking you guys to make a decision 6
on this proposal without -- I mean, to me, that -- there's no 7
-- I mean, people are still going to get their marijuana. 8
They're just going to have to go inside. 9
I believe that this body, with -- with the cruise ship 10
terminal stated to come online with a huge increase in traffic, 11
the way I understand it is that people are going to be going 12
through the drive-up window and then ex -- or exiting onto Port 13
Avenue, which makes no sense to me. If you're going to have a 14
huge amount of traffic, it should be coming in Port Avenue and 15
leaving on the highway. That -- that's -- that -- this -- what 16
they're -- I mean, this doesn't make any sense. I mean, from a 17
-- from a planning perspective, why would you exit on Port 18
Avenue with all the traffic. 19
I mean, I would -- I'm not for this proposal but 20
specifically, with the new traffic, and having all that traffic 21
with the bike path coming into Port Avenue -- it's like she 22
says. You're looking to the left and the bike path's coming up 23
the other side. I think it's a bad idea for Seward and I don't 24
see the harm in at least let's see what kind of traffic the 25
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cruise ship terminal's going to bring and how it's going to 1
affect it before we increase traffic on that corner. Thank 2
you. 3
MR. HORNSETH: Is there any other comment? 4
MS. GLASCO: Yeah, I'd like to say something. No, you 5
first. Go ahead. 6
RENIE (PH): My name's Renie (ph). I live outside of city 7
limits. I didn't plan to talk so I'm going to be pretty short 8
and hopefully concise. Everyone's talking about THC and 9
marijuana consumption. On their application, they literally 10
just put they want to expand because they're bringing in coffee 11
sales. I don't know a single drive-through coffee station that 12
has less than several cars in it at all times, so I don't know 13
how you reach a low volume traffic plan at a coffee shop drive-14
through. I'm opposed to this. Thank you. 15
MS. GLASCO: I also was not planning to speak. My name is 16
Caitlyn Glasco and I hear a lot of people talking about 17
marijuana consumption, and they're opposed to it. They're 18
opposed to the drive-through. I know many of your children. 19
My son goes to the same school as yours, and when we moved 20
here, one of the first things they told me was to be careful 21
because there was a lot of drunk drivers. 22
There was a comment made about people going to the airport 23
and purchasing things from a drive-through, and then smoking it 24
on the way to the airport. I can't tell you how many people 25
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frequent the business that I manage -- purchase shooters to 1
drink on the way to the airport. Now, I can't say that that's 2
exactly what they're doing, but they're driving to the airport. 3
That's 100% what they're doing. There are so many bars in this 4
town and I did a -- I was using my phone earlier, trying to 5
figure out exactly how many deaths via motor vehicles are THC 6
related or alcohol related, and we have many bars -- many 7
establishments that serve alcohol -- and two that serve 8
marijuana. And I did -- I just feel like that there is a 9
disconnect between what some people think is good and what some 10
people think is bad. And that's all I wanted to say. Thank 11
you. 12
MR. HORNSETH: Is there anybody else who wishes to speak? 13
MS. BRATSMAN (PH): Hi. I also wasn't too prepared to 14
speak. My name is Paisly Bratsman. I live out of city limits 15
but I have worked within city limits for the last year. As a 16
young person over 21 in the community, the Tufted Puffin 17
providing a music space that is not an alcohol space has been 18
really impactful on the community. 19
I am definitely in support of their drive-through as a 20
hope that their drive-through continues to bring business to 21
Seward, profitting the community as a whole and continuing to 22
provide spaces for young -- I shouldn't say young people -- 23
adults to gather in spaces that aren't alcohol-related and 24
continue to provide things such as baked goods and coffee. 25
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That is all. Thank you. 1
MR. HORNSETH: Is there any other public that wishes to 2
speak? 3
MR. SIA (PH): Yep. My name is Michael Sia. I live 4
within city limits. I've raised two kids here in this town. I 5
fully support this proposition. I think that the Tufted 6
Puffin, for what it's -- what it's done in this community, from 7
what I've seen in the last year that I've lived here, has been 8
huge. I think that the -- the employment that it offers to 9
some of the people in this town that may be wouldn't find 10
employment elsewhere, and they're able to contribute to this 11
community from a artistic standpoint, from a tax paying 12
standpoint, from just whatever you need in this town -- 13
volunteer standpoint -- all of it that I've seen from the 14
people that have been employed has been a huge benefit to this 15
town. 16
Having been all over Alaska in my previous career, the 17
amount of involvement from the Tufted Puffin in what goes on in 18
this town, for more than just cannabis sales is huge. And so, 19
to take a look at them being able to add on another form of -- 20
of revenue to help benefit this town is -- should be looked at 21
as well. That's all I got. 22
MR. HORNSETH: Anybody else? Oh. One more. 23
MS. PERKINS: Thank you. Micha (Indiscernible -- garbled 24
audio) Perkins, inside city limits, and I -- a couple points on 25
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here, where it says the conditions have been met. I think 1
they've been picked out pretty carefully to say they've been 2
met. The first one, item C that the proposed used is in 3
harmony with the Seward Comprehensive Plan. Yes, it might be 4
in harmony of that one particular chapter 3.1.1.4, to support 5
private sector business, but we also have many places within 6
the Comprehensive Plan, such as 3.9.1.1 that says it took, we'd 7
like to maintain Seward's small town, family oriented 8
character. 9
And that is a really, really important for our community, 10
and our small town character -- I wish Katie Cornwall had more 11
time to speak, but what they're doing at Seward Prevention 12
Coalition, through the Icelandic model, is incredible, and a 13
lot of it has to do with adults modeling behavior. And 14
increasing accessability, increasing opportunity for children 15
to be in vehicles while their families or parents or guardians 16
are purchasing illeg -- not illegal -- purchasing marijuana, it 17
increases visibility, it increases normalcy. 18
And she has so many statistics that talks about how this 19
affects our children and how it affects our community, and I 20
hope you can spend some time researching what they are -- what 21
they're doing. It does matter. And that small town, family 22
oriented character of our community of people who live here, 23
year-round, and want to have -- raise our families here, that's 24
extremely important. And this is the old Comprehensive Plan. 25
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The new Comprehensive Plan talks -- all the public and talked a 1
lot about our family character -- small town feel and what 2
they're doing at the Prevention Coalition, and they have the 3
statistics to back it up -- supports that. 4
The second item is item number E -- the proposed use. The 5
proposed use will not be harmful to public safety, health or 6
welfare. Yes, this condition has met is what's stated. It 7
talks about traffic. I would defer to all the -- to the 8
statistics from the Prevention Coalition of what actually 9
happens when kids are watching visibly, in the vehicle. 10
I am against drive-through windows for alcohol, marijuana, 11
any of these items that are legal to use, within a vehicle. 12
That affects public safety, health and welfare. That is an 13
incomplete statement that this condition has been met. Yeah. 14
Once you put a coffee shop in there, it's not going to be a low 15
use. This is going to be high use thing. 16
If you've witnessed any coffee shop in town, especially 17
the drive-through ones have multiple cars. And this just opens 18
the door for there to be a drive-through alcohol sales in our 19
community, and I think we should be very, very careful of just 20
saying that these conditions have been met when there's -- 21
they're big, very broad ideas. Thank you. 22
MR. HORNSETH: How we doing on time? 23
DEPUTY CLERK: It's 7:52 so -- 24
MR. HORNSETH: Is there any more public that wishes to 25
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speak? 1
MR. SHARP: I have a question. 2
MR. HORNSETH: I'm not sure we're doing questions. 3
MR. SHARP: Just about this drive-through lane. 4
MR. HORNSETH: If you want to make a comment, you can come 5
up and -- 6
MR. SHARP: Yeah. 7
MR. HORNSETH: -- state your name. 8
MR. SHARP: Kyle Sharp. I'm just curious. I don't know, 9
I might have missed it. I can't bring my kid into a pot shop 10
to buy pot. That -- that's illegal. Does that count from car? 11
I don't know how it works, but -- 12
MR. HORNSETH: And I will give the -- at the end, we will 13
-- at the -- applicant will be able to make a rebuttal and 14
maybe your question will be answered there. 15
MR. SHARP: Okay. Just curious if there's any rules about 16
that. Can I bring a 15-year old with me and say he's my kid? 17
If that was a question. 18
MR. HORNSETH: Thank you. Is there any other public? 19
UNIDENTIFIED SPEAKER: Quick question. Are you taking 20
comments on everything or on one issue right now? 21
MR. HORNSETH: This is for the issue at hand, right now, 22
which is the drive-through CUP. 23
UNIDENTIFIED SPEAKER: Okay. Thank you. 24
MR. HORNSETH: Anybody else? Okay, let's have the 25
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applicant -- if you'd like to come back and have your rebuttal. 1
Please go ahead. 2
MR. WELLS: Thank you, commissioners. I'll respond to one 3
public comment, and that was the last public comment about 4
people being under age. Again, the State of Alask, through the 5
AMCO regulations, has already outlined the stipulations for the 6
monitoring, the ID checking, the age restrictions, the 7
packaging restrictions, the video recording equipment, and the 8
advertising. All of the those concerns are already addressed 9
well before we get to the CUP process, so nobody -- when 10
purchasing cannabis products out of the drive-through window, 11
nobody in the vehicle can be under the age of 21. 12
MS. HUBBARD: So, Mr. Wells, does that mean that you check 13
the ID of everybody in the car? 14
MR. WELLS: Yes, Commissioner Hubbard, that's correct. 15
Every single person, according to the AMCO regulations, has to 16
present their IDs at the drive-through. 17
MS. HUBBARD: Okay, so if there is a minor in the car, you 18
just move along? 19
MR. WELLS: Just like in -- 20
MS. HUBBARD: Unless you're -- 21
MR. WELLS: Just -- 22
MS. HUBBARD: Unless you're going to buy coffee or 23
something? 24
MR. WELLS: Yeah -- Commissioner, yes. Thank you. At any 25
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point, just like when we have tourists try to bring their kids 1
into our downtown location, the very first thing that happens -2
- and you can even ask our chief of police. If you come in 3
with a badge and a gun on your hip, you still have to show your 4
ID to get into my establishment -- at either of the Tufted 5
Puffins -- and that will include the drive-through as well. 6
MS. HUBBARD: Could you tell me if AMCO also is -- I have 7
heard this thing -- that they are also allowing both alcohol 8
and marijuana establishments to give out pre-samples. 9
MR. WELLS: I cannot speak to what AMCO does for alcohol 10
as far as free samples go. 11
MS. HUBBARD: Okay. 12
MR. WELLS: I -- I can't imagine that that is a thing that 13
you can do. You can, at certain events -- so for example, the 14
last event that I can think of was Salmonfest. Inside the beer 15
garden -- if you are at Salmonfest you would have seen not the 16
Tufted Puffin but a different cannabis company that's very well 17
known throughout the state, and they -- they were -- they 18
received an on-site consumption endorsement, so they were able 19
to consume cannabis at the beer garden and hand out free 20
samples if you were a licensed manufacturer and you issued -- 21
those samples were issued through a metric number from the 22
state, so AMCO knows how many samples the manufacturer is 23
giving out. And those samples are directed directly to the 24
retailers for the employees, if they wish, so they know about 25
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the product that they're selling. Just like in alcohol sales. 1
MS. HUBBARD: Okay, thank you. 2
MR. HORNSETH: Anymore questions? 3
MS. SULLIVAN: Mr. Wells, I had a question regarding 4
people just driving through. We've had a lot of people saying, 5
you know, they're just going to get something and smoke 6
something. My understanding is that it's almost regulated like 7
a pharmacy drive-through. You have to have the name, things 8
have to be paid for, it's sealed up. So, you know, it's not 9
just like random people coming up at all. Is that -- is that -10
- is that a correct -- 11
MR. WELLS: Correct. So, there will be no -- AMCO 12
regulations, whether it's a drive-through at a dispensary, or 13
on-site consumption, or whatever it is, you cannot have your 14
menu with pricing posted outside of the establishment. 15
MS. SULLIVAN: So if they call and set up the -- 16
MR. WELLS: So, they can go to our website. We have a 17
loyalty app program for both coffee and cannabis use, and for 18
our events, and that is where they make their -- reserve their 19
product. 20
MS. SULLIVAN: Okay. 21
MR. WELLS: So you cannot purchase your -- you can't pay 22
for your product through the app. You pay for your product at 23
the window but your order is ready to go when you pull up to 24
the window and you show your ID, and you show your order on 25
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your phone -- your order number. It's in a bag and stapled 1
with -- ready to go. They pay -- 2
MS. SULLIVAN: Okay. 3
MR. WELLS: -- and they're gone. 4
MS. SULLIVAN: Thank you. 5
MS. HUBBARD: So if I wanted to go there and have my kids 6
in the car -- I want to just get some coffee -- how does that 7
work? Is that -- do have to check my ID? 8
MR. WELLS: Well, Commissioner Hubbard, I don't expect you 9
to bring your kids to my store to get some coffee -- 10
MS. HUBBARD: No. 11
MR. WELLS: -- and I think that that question -- 12
MS. HUBBARD: No, if I wanted to go to the drive-through 13
-- 14
MR. WELLS: Sure. 15
MS. HUBBARD: -- or if that's all we wanted to do and not 16
get cannabis. 17
MR. WELLS: I appreciate that question. I appreciate that 18
question. And at this point, I will defer to, through the 19
Chair, to the Administration. Is this particular question 20
related directly to the application? 21
MR. MEUNINCK: So, the question was how the coffee service 22
would work? 23
MS. HUBBARD: Yeah. Would they serve -- would they serve 24
me if I just wanted to have coffee and I had -- I had my kids 25
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in the car, or my grandkids? 1
MR. MEUNINCK: Yeah, I mean, we're not regulating their -- 2
their business model in terms of they -- yeah. That's not 3
really part of the review criteria for -- 4
MS. HUBBARD: Okay. 5
MR. MEUNINCK: -- the window. 6
MR. WELLS: Thank you. 7
MR. HORNSETH: Anymore questions for the applicant? No? 8
Thank you very much. 9
MR. WELLS: Thank you, Commissioner. Thank you 10
Administration. 11
MR. HORNSETH: With that, I will close the public hearing. 12
Commissioners, any comments? 13
MS. SULLIVAN: You make a motion already? All righty. I 14
was taking some notes and I was doing some research on this 15
stuff and it's -- initially -- I've got to find my notes now -- 16
what I found was interesting because I went to a lot of 17
different states, a lot of different places that where people 18
were having their -- all these drive-throughs and, you know, 19
I've dealt with AMCO from time to time on -- on other things, 20
but it's -- they're pretty cut and dry, AMCO is. 21
I have found them to be, you know, they're very -- they 22
make sure that they're -- their rules are pretty clear. People 23
have to follow them. But I was always looking -- I was looking 24
for what are the disadvantages? You know? People did -- 25
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1113 W. Fireweed Lane, Suite 200, Anchorage, Alaska (907) 276-3554
definitely, they brought up a whole lot of disadvantages here. 1
I don't know if they're necessarily pertains specifically to 2
the stay-in-your-lane window. We're talking about a window 3
here, you know, for somebody to drive up. 4
But the pro -- the pros that I've seen -- this is -- I 5
just want to throw this out here a little bit -- is it allows 6
people to stay in vehicles, which is, well, some people say, 7
well that's lazy. Well, I think there's a lot of people that 8
have, you know, if they're on medical marijuana for a reason, 9
they're in pain or they're disabled, that gives them the 10
opportunity not to have to get out and walk, obviously, on ice. 11
So that's -- that's a pro on that and I'll get to the cons 12
later. You know, there's a bit of it saves time for people, 13
obviously. You know, a drive-through can potentially save 14
time. It's regulated and paid for in advance so it's not a, 15
you know, a McDonald's, you know, drive-up there. 16
There's a certain amount of privacy and discretion offered 17
for people, you know, because you know, if they're -- they want 18
to have, you know, purchase that, they don't want the world to 19
see it. You know, good, bad or indifferent, that may be it. 20
The security of the product and staff, since it's a cash-only 21
business, a lot of times pot -- regular pot shops or, you know, 22
distributors are -- get -- are basically victims of people 23
breaking in and they rob the people. If you're in -- you know, 24
so you're not coming in. 25
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1113 W. Fireweed Lane, Suite 200, Anchorage, Alaska (907) 276-3554
So going through a drive-through, you're just -- you're 1
paying there, so -- or on the app that they can do at this 2
point. Not a lot of products that the -- these organizations -3
- these -- these places are -- are CBD, you know, or THC, so 4
they may be just non -- they're just edibles that aren't going 5
to cause anybody a problem. 6
Now granted, we all just assume like, if you're going to 7
go through, you're going to, you know, pick up regular 8
marijuana, but you may not be in this. And apparently, there's 9
a lot of other things that people can get through there. And 10
my question was -- which was sort of answered was -- medical 11
marijuana. There are different distributors, from what I saw 12
in my research -- different places. Somebody has a marijuana 13
distribution card, they can go to a place and have that 14
certified and they can collect -- get the marijuana from that. 15
So, the other thing was the cons -- was there's 16
significant community objections, which understandably -- you 17
know, a lot of people, you know, who don't like that. The 18
problem is the pot shops are here. They should have done that 19
maybe when the -- when it first came around and when the state 20
was trying to legalize something. It's sort of like now that 21
we have it, you know, what do you do? I don't think -- I don't 22
think that it's -- my only concern is the difficult access -- 23
the possible traffic issues, you know? 24
And there was that, you know, there was a restaurant there 25
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1113 W. Fireweed Lane, Suite 200, Anchorage, Alaska (907) 276-3554
of some sort, and Maya was right. There was -- traffic was a 1
lot less back in the day, but you know, the traffic flow as it 2
goes, it's already been established. It's there. So the 3
ability to get through it and the, you know, to drive up there, 4
it's already set there and it's already -- it's -- it's a 5
window. It's there. It's proven. It's already done. We also 6
have the precedence of a drive-through pharmacy at 7
(indiscernible). So that's -- that already exists, so we've 8
already proved one on that. So that's a -- that's a 9
considerate. So, let me see. AMCO records will constantly -- 10
rule regulations will prevail. 11
I understand -- you know -- I've been through, you know, 12
in Anchorage in a lot of places, there's -- I think it's pretty 13
-- mostly tightly controlled, but I've seen no -- no negative 14
anything with any of the Tufted Puffin sites at all, you know, 15
on any regulatory site or anything like that. So, that's good. 16
It shows due diligence of the owner. Let's see. We have pre-17
packaged and pre-paid, and the store itself is already 18
approved. All this is is a window that people drive through. 19
So, that's just my thoughts right now. You don't have to just 20
weight those, but they are so -- 21
MR. HORNSETH: Thank you. 22
MR. CHARBONNEAU: Well, first off, this puts us in kind of 23
a complex situation because most of the concerns that everybody 24
has -- actually, all of the concerns that everybody has 25
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1113 W. Fireweed Lane, Suite 200, Anchorage, Alaska (907) 276-3554
expressed were addressed in ordinance that we worked out 1
through many, many work sessions. We've been unable, either 2
council or administration has not let us vote on that, so now 3
we're stuck here, dealing with this, but more importantly, we 4
are supposed to look at only a window on a building. 5
So while there's concerns about one issue, that's not the 6
issue we're looking at tonight. And based on our code, we are 7
supposed to be looking at whether a to-go window is okay at a 8
business. Not what it's selling, but is that okay there? Does 9
it have the right exit on to the highway? Does it have the 10
right entrance? There was a question about that and we need to 11
see entrance from Port and exiting on the highway. Is the lane 12
large enough? Is it wide enough? That's what we're supposed 13
to be looking at. 14
And so, we do have other to-go item places in town -- 15
Chugach View, Coffee Cups. We have some then -- I didn't 16
actually measure, but we have some that I'm pretty sure have 17
less than an 80-foot and 5-foot queue. We have some with more 18
than 85-foot queue. We have some that are appropriate widths -19
- we have some that are in -- have no width because they're in 20
a -- a parking lot. 21
But the issue is, here, is does this building -- if cars 22
moved from one side to the next, are they going to cause an 23
issue with other cars as they were entering? This site has had 24
-- has been a restaurant with a -- with a to-go, and the DOT 25
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1113 W. Fireweed Lane, Suite 200, Anchorage, Alaska (907) 276-3554
for Alaska did not -- does not want in this area anymore egress 1
onto the highway that isn't already there. They don't want to 2
cut a new one. This one already has one, so it has a 3
precedence that it was to-go ready. It fits the proper width. 4
It fits over what it really needs for length, and that's what 5
we have to base our decision on. It's not on what's going 6
through the window. It's if this business wants a window, can 7
the traffic and the property support it? 8
MR. HORNSETH: Thanks. Any comments? 9
MS. HUBBARD: Yep. 10
MR. HORNSETH: Commissioner Hubbard? 11
MS. HUBBARD: I have a -- I have another set of findings 12
in addition to what's (indiscernible -- garbled audio) 13
MR. HORNSETH: Appreciate it. 14
MS. HUBBARD: I'll pass this down. It's not a -- it's 15
just my findings so you can -- you can follow along. 16
MR. CHARBONNEAU: Oh, okay. 17
MS. SULLIVAN: Gotcha 18
MS. HUBBARD: Okay? 19
MS. SULLIVAN: I gotcha. 20
MR. CHARBONNEAU: I gotcha. 21
MS. HUBBARD: As we are required to do under Section 22
16.10.320. So I just wanted to follow formally with the review 23
criteria we've been getting, so I -- I laid it out with the six 24
criterias that are there, and so I'll try to abbreviate as much 25
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1113 W. Fireweed Lane, Suite 200, Anchorage, Alaska (907) 276-3554
as I can. I do give a little backdrop. So on one, they used 1
it -- it's consistent with the purpose of this chapter and the 2
purposes of the zoning district. Drive-through pickups are 3
considered appropriate for all commercial zoning districts, and 4
the sale for retail of marijuana products is already an 5
outright permitted use. 6
However, citizens of Seward have commented loud and clear 7
at both state AMCO and local P&Z and council meetings on how 8
they would like to see such establishments regulated in our 9
community. First it was on-site consumption, not it is -- they 10
want to sell through -- cannabis through a drive-through. So I 11
-- I really can't deny that it's -- it is unconscionable to not 12
take into consideration the business type and the respective 13
allowances and activities that could be expected, especially in 14
selling cannabis or even alcohol, and that may be something the 15
applicant considers dispensing in the future, or anybody who 16
end up -- may assume his store. 17
So my finding here is that -- oh, additionally, the 18
applicant must have also wanted us to consider this type of 19
business since he did submit his own survey of customers. That 20
was on page 39 of the -- of the packet, and it was sup -- it 21
was -- that they were in support of his business activities and 22
against any past work this Commission has done to regulate 23
marijuana establishments. 24
So my finding is that this conditional use application is 25
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1113 W. Fireweed Lane, Suite 200, Anchorage, Alaska (907) 276-3554
exceptional and it deserves a more evaluated review under Title 1
15 and Title 15 purposes are noted above. At the top of the 2
page you'll see that. 3
Number two, the value of the adjoining property will not 4
be significantly impaired. It's quoted that the drive-through 5
is intended to serve existing customers and is not expected to 6
generate an additional substantial -- a substantial increase in 7
traffic volume. 8
Findings here is that the applicant's claim appears 9
arbitrary as there is no way to predict or control the outcomes 10
or increase -- of increased traffic flow and if customers will 11
be new or existing. So, given new ease of access with a drive-12
through, traffic volume will inevitably increase. Finding 13
number two in that section, neighboring property owners have 14
already voiced complaints publicly regarding the applicant on 15
site consumption activities. Inquiry -- inquiry should also be 16
presented to DOT for possible encroachments by the business and 17
respective activities. 18
The definition for a low volume drive-through facilities 19
is up to 200 cars per day, or 40 per hour. If realized, this 20
potential could morph into a real bottleneck given the already 21
existing heavy industrial and regular traffic. Along with 22
traffic, the neighboring train depot, the industrial facility, 23
hotel, restaurant, bike path, and a corner park all within a 24
short distance of the subjected property will be significantly 25
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1113 W. Fireweed Lane, Suite 200, Anchorage, Alaska (907) 276-3554
impaired even as a low -- at a low volume drive-through. 1
Number three, the proposed use is in harmony with the 2
comprehensive plan. The finding says that this condition has 3
been met. The proposal is in harmony with the Seward 2020 4
Comprehensive Plan. I kind of give a narrative there of our 5
history and what we had -- how -- that this comprehensive plan 6
actually was adopted 2017, does not specifically address 7
recreational -- or does not address these various 8
extablishments, nor does it address how various types of estab 9
-- marijuana establishments may or may not be in harmony with 10
the City of Seward or if such activities are even desired, to 11
the extent that the CUP applicant is requesting and/or are 12
already doing. 13
And since Alaska's legalized marijuana in 2014, there have 14
been more progressive updates and regulations and licensing, 15
including on-site endorsements and giving out free samples, and 16
permitting walk -- walk-in -- walk-up drive-throughs that we're 17
addressing today. So -- so Seward has little to no regulatory 18
codes unique to this community that manage such establishments. 19
Therefore, we end up defaulting fully to the state AMCO regs, 20
which is unfortunate. 21
However, within those regs it is clear, and even 22
encouraged, that communities are free to make stricter codes 23
for their communities, as valued and found most important to 24
its citizens. So the findings on this one is the Seward 2030 25
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1113 W. Fireweed Lane, Suite 200, Anchorage, Alaska (907) 276-3554
Comprehensive Plan expresses support for private sector 1
businesses, and employment and programs, and encourages the 2
growth of businesses. However, it is relatively new towards 3
any type of business activity. Except for the following 4
possible evaluations, under 2.2.10, we are to ensure all 5
adopted codes reflect community values. 6
Another finding is per past public hearings, work sessions 7
and letters, the community has clearly expressed their values, 8
which city leaders have disingenuously avoided processing into 9
code. An exceptional finding to be noted for surveys expressed 10
in the first draft of the current comprehensive plan, marijuana 11
establishments made the list of opposed developments for land 12
use in Seward. 13
Number four, the public services and facilities are 14
adequate to serve the proposed use. The finding -- again, I 15
repeat finding 2C -- this site could be potentially burdensome 16
on public services, namely roads and walk-bike paths, resulting 17
in a driving hazard and general distraction. No turn left on 18
highway off north entry exit area is allowed. Find -- another 19
finding per company profile. Provided by the applicant at P&Z 20
on Council -- and Council January 27th, '25 joint work session. 21
On page 10, expresses the following: we plan to expand our 22
Seward Port Avenue site, making the Tufted Puffin a must-visit 23
destination for cannabis enthusiasts, coffee lovers, music fans 24
and travelers. 25
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1113 W. Fireweed Lane, Suite 200, Anchorage, Alaska (907) 276-3554
Such mission and marketing should naturally encourage the 1
increase traffic flow and activity to the area, as would be 2
desired by the applicant. Exceptional finding per the current 3
draft of comprehensive plan under review, Port Avenue, Seward 4
Highway intersection made the list, by those surveyed, as one 5
of the most dangerous locations in Seward for vehicles and 6
pedestrians. The proposed use will not be harmful to the 7
public safety, health or welfare. Again, repeat 2C. 8
This is our -- my findings. The applicant location is one 9
of the busiest commercial traffic corners in Seward, coupled 10
with being near a public bike path. The Kenai Peninsula 11
Borough sponsored grant program, safe streets and roads for all 12
has identified the Port Avenue, Seward Highway intersection as 13
hazardous. Therefore, prospective improvement area presented 14
to P&Z in an earlier work session. Ease of access for drive-15
through makes it difficult to assess car occupants, one's 16
ambulatory state, and possible overuse disorder, therefore 17
contributing to probable DUIs. 18
You'll have a picture on the back of a -- the company 19
profile that was presented to us at that public work sess -- or 20
that work session. It shows here -- this is a profile -- 21
Tufted Puffin profile. It shows a picture of one of the 22
employees serving coffee with a lighter and a cigarette -- a 23
cannabis cigarette on top, ready to light up and go. Per 2030 24
Comprehensive Plan, we are to support educational, preventative 25
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1113 W. Fireweed Lane, Suite 200, Anchorage, Alaska (907) 276-3554
and rehabilitation social services, as in 2.2.6 -- such ease of 1
access defies harmony with the comprehensive plan. 2
Lastly, one exceptional finding under this same section, 3
per the current draft of the comp plan under review, Port 4
Avenue and Seward Highway intersection made the list. Again, 5
I'm repeating this one micro survey as one of the most 6
dangerous locations in Seward for vehicles and pedestrians. 7
Parents might like this. 8
MR. HORNSETH: Any further discussion? Comments? All 9
right. Yeah, this is a -- this is a tough one. I mean it's a 10
lot -- a lot of feedback that we've heard. A lot to think 11
about, and you've heard the criteria we all have to follow and 12
evaluate for this and I think -- 13
MS. SULLIVAN: Mr. Chair, could I just one quick question 14
to just or -- 15
MR. HORNSETH: Yeah. 16
MS. SULLIVAN: -- if you don't mind. 17
MR. HORNSETH: Yeah. 18
MS. SULLIVAN: You know, if it goes through or anything 19
else, like this, whatever happens with this, what I would like 20
to have, and I think it's under the recommended conditions 21
because of the potential -- people have a tendency, you know, 22
when they go out on Seward Highway as they leave the area, is, 23
you know, it's Third Avenue and it's the state. They can't -- 24
we can't probably mandate they do that, but possibly have the 25
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1113 W. Fireweed Lane, Suite 200, Anchorage, Alaska (907) 276-3554
owner of the facility to put a no-left-turn sign on his own 1
property to make sure that people don't. There's so many 2
people that don't understand you're not supposed to cross a 3
double yellow lines kind of thing, so that might be something 4
to consider. I don't know if that's, you know -- you know, 5
well I guess we could go forward and just, you know, discuss 6
this a little further, but I think that might be a thing to 7
consider. 8
MR. HORNSETH: For sure. Yeah. That's definitely 9
something we can add as a condition, as part of this, if we 10
choose to do so. 11
MS. HUBBARD: There's also, if you don't mind the option -12
- if -- if the dais feels that they need more time to digest 13
these findings and want to look at some different options for 14
the applicant or conditions, it is possible to postpone this 15
particular resolution to another time. But it'd have to be 16
specific. He's not going to just get kicked out. 17
MR. HORNSETH: Commissioner Pemberton? 18
MS. PEMBERTON: One of the things I would like to see 19
would be more information on the traffic. That -- you know, we 20
are going to have an increase in traffic because of the cruise 21
ships, and we're going to have an increase in traffic because 22
it's a business that people plan on using. And I'm wondering 23
if there's any more -- if there's a way to contact DOT and get 24
more information from them as to what can and can't be done at 25
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1113 W. Fireweed Lane, Suite 200, Anchorage, Alaska (907) 276-3554
that corner because everybody knows that that's a bad corner in 1
the summer. You've got the 18-wheelers, you've got the double 2
cups coming through there. You know, it's the only way out for 3
everything coming off of the ships, and that's just one of my -4
- that's one of my concerns. That's basically my main concern. 5
MR. CHARBONNEAU: A traffic study can be requested from 6
the state. 7
MS. PEMBERTON: Hopefully. 8
MR. CHARBONNEAU: Sometimes they do it for neighborhoods 9
or various high traffic intersections. If things need to be 10
changed, you can request and they will do a traffic study. 11
MS. PEMBERTON: Because that -- that's my main concern is 12
yeah, in the winter -- late fall, winter, early spring, it's, 13
you know, a little -- it's a little, you have to really pay 14
attention. Everybody knows that. But in the summer, when we 15
have everybody coming in and we have those big trucks, and we 16
have -- like I said, it's the only way for them to get out -- 17
those double cups to get out, and those guys just amaze me. 18
That's just my thoughts. 19
MR. HORNSETH: All right. Would anybody like to make an 20
amendment or a motion? 21
MS. SULLIVAN: Just, I think we got two things we're 22
discussing. Commissioner Pemberton's making a -- a -- possibly 23
a motion for further information. If she wants to make that 24
it's -- 25
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1113 W. Fireweed Lane, Suite 200, Anchorage, Alaska (907) 276-3554
MR. HORNSETH: Commissioner Hubbard -- 1
MS. HUBBARD: No, I said that. 2
MS. SULLIVAN: Oh, you did? 3
MS. HUBBARD: No. I said if you feel like you -- like the 4
dais needs that, then -- 5
MS. SULLIVAN: Because I know she wanted the traffic 6
study. 7
MS. PEMBERTON: Yes, that a traffic study be done. 8
MS. SULLIVAN: So if you'd like to make a motion to that 9
effect, you can. That's -- since you brought it up and you 10
have obviously a lot more stuff that you want to discuss, you 11
can go ahead and make that motion. 12
MS. HUBBARD: It sounds interesting, it's just I'm laying 13
this out. I -- I've done my thing on this so it's really up to 14
you if you guys feel like you'll need more time to digest this 15
or want to get more information, then that's up to you. I'll -16
- I'll vote either way. I'm ready to vote but I'm also, if you 17
want to postpone it to get more information that's fine with me 18
too. 19
MS. SULLIVAN: No, I'm fine with -- with voting. I just 20
was figuring that based on the side of the dais, over there, it 21
sounded to me they were wanting to get more information. 22
MR. HORNSETH: Well, is the Commission -- 23
MS. SULLIVAN: Sound good? 24
MR. HORNSETH: Is the Commission voting on? 25
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1113 W. Fireweed Lane, Suite 200, Anchorage, Alaska (907) 276-3554
MS. HUBBARD: Yes. 1
MR. HORNSETH: Okay. I say then, let's call for the vote? 2
DEPUTY CLERK: Okay. Voting on Resolution 25-035, 3
Charbonneau? 4
MR. CHARBONNEAU: Yes. 5
DEPUTY CLERK: Verhey? 6
MS. VERHEY: Yes. 7
DEPUTY CLERK: Sullivan? 8
MS. SULLIVAN: Yes. 9
DEPUTY CLERK: Pemberton? 10
MS. PEMBERTON: Yeah. 11
DEPUTY CLERK: Hubbard? 12
MS. HUBBARD: No. 13
DEPUTY CLERK: And Vice Chair Hornseth? 14
MR. HORNSETH: Yes. 15
DEPUTY CLERK: That resolution has been approved. 16
END OF REQUESTED PORTION 17
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