ANCHORAGE, ALASKA AR No
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1 Submitted by: Chair Gray-Jackson at the Request of the Mayor Prepared by: Municipal Clerk s Office and Planning Department For reading: November 8, 2016 ANCHORAGE, ALASKA AR No A RESOLUTION OF THE ANCHORAGE MUNICIPAL ASSEMBLY APPROVING A MARIJUANA LICENSE AND SPECIAL LAND USE PERMIT FOR A MARIJUANA RETAIL STORE ESTABLISHMENT WITH LICENSE NUMBER M10306, DOING BUSINESS AS DANKORAGE, AND LOCATED AT 2812 SPENARD ROAD. (Spenard Community Council) (Case ) THE ANCHORAGE ASSEMBLY RESOLVES: Section 1. The approvals in sections 2 and 3 of this resolution are for a marijuana retail store establishment with municipal license number M10306, doing business as Dankorage, located at 2812 Spenard Road, in the B-3 district, within Lot 27, Elsa Weiler Subdivision; generally located at the northwest corner of Spenard Road and West Benson Boulevard, in Anchorage. Section 2. This application submitted for requested marijuana establishment license generally meets the applicable provisions of Anchorage Municipal Code (AMC) chapter A marijuana retail store establishment license is hereby approved for Dankorage, subject to the following conditions pursuant to AMC section : 1. The licensee and his/her agents and employees shall conform to the narrative submitted with the license/special land use permit application, as modified by this resolution, and with all applicable portions of Anchorage Municipal Code. 2. All licensees, employees, and agents of the marijuana establishment who sell, cultivate, manufacture, test, or transport marijuana or marijuana product, or who check the identification of a consumer or visitor, shall obtain a marijuana handler permit from the Marijuana Control Board. The marijuana handler permit shall be kept in the holder s immediate possession or a valid copy shall be kept on the premises of the marijuana establishment at all times. 3. One or more licensee or affiliate owes past-due taxes, fees, or fines to the Municipality of Anchorage, which must be paid before a municipal marijuana license will be issued, per AMC B. Section 3. This application submitted for the request special land use permit for marijuana generally meets the applicable provisions of AMC section and AMC section A special land use permit for a marijuana retail sale
2 AR regarding Dankorage Retail Sales Establishment Page 2 of establishment is hereby approved for Dankorage, subject to the following conditions pursuant to AMC subsection M: 1. All uses shall conform to the plans and narrative submitted with the license/special land use permit application, as modified by this resolution, and with all applicable portions of Anchorage Municipal Code, and may be modified in accordance with AMC C A notice of zoning action shall be filed with the State of Alaska Recorder s Office before operation of the establishment. 3. The establishment shall be open for inspection and examination by the municipality during municipal business hours and establishment business hours. 4. The premises shall be ventilated so that the odor of marijuana cannot be detected at any lot line by a person with a normal sense of smell. Violation could lead to a requirement to increase air filtering and/or change the ventilation location in the establishment. 5. The Conditions Certificate, issued by the Planning Department and containing conditions imposed by the Assembly on this special land use permit, shall be displayed in a visible location near the main entrance at all times. 6. Signs advertising the marijuana establishment may be placed only in the marijuana establishment s window or attached to the outside of the licensed premises. 7. No temporary signs are permitted. 8. The retail sales establishment shall be closed to the public between midnight and 8:00 a.m. each day. 9. Resolve parking and circulation issues with the Traffic Department and provide a revised site plan approved by the Traffic Engineer. 10. Revise the site plan to show the trash receptacle location and screening detail outside of required parking areas and drive aisles in accordance with AMC subsection G.2.f. or store refuse collection receptacles indoors. 11. Revise the site plan to show snow storage and snow storage calculations or enter into a snow removal agreement with Land Use Review in accordance with AMC subsection F.5.a. Section 4. The conditions contained in this resolution shall be met and shall be verified by inspection before the marijuana establishment can begin operations. Section 5. Failure to comply with the conditions of this license and special land
3 AR regarding Dankorage Retail Sales Establishment Page 3 of use permit and the applicable provisions of Anchorage Municipal Code shall constitute grounds for modification or revocation of the license and/or the special land use permit. Section 6. The marijuana license approved in section 2 above expires on August 31, An application to renew the marijuana license may be submitted in accordance with AMC section The special land use permit for marijuana approved in section 3 above is valid until it expires in accordance with AMC subsection C.10. Section 7. In accordance with AMC section B., the Municipal Clerk shall, upon approval of this municipal marijuana establishment license and fulfillment of the conditions in Section 2 and verification pursuant to Section 4, provide written notification to the AMCO that the protest is lifted. Section 8. This resolution shall be effective immediately upon passage and approval by the Assembly. PASSED AND APPROVED by the Anchorage Assembly this day of, Chair of the Assembly ATTEST: Municipal Clerk
4 MUNICIPALITY OF ANCHORAGE Assembly Memorandum No. AM Meeting Date: November 8, From: Subject: MAYOR A RESOLUTION OF THE ANCHORAGE MUNICIPAL ASSEMBLY APPROVING A MARIJUANA LICENSE AND SPECIAL LAND USE PERMIT FOR A MARIJUANA RETAIL STORE ESTABLISHMENT WITH LICENSE NUMBER M10306, DOING BUSINESS AS DANKORAGE, AND LOCATED AT 2812 SPENARD ROAD. Dankorage has applied for a retail store marijuana establishment license and special land use permit. The establishment is proposed to be located at 2812 Spenard Road in the Spenard Community Council. The applicant has successfully completed their public notice requirements, and on October 04, 2016, the planning department mailed 228 public hearing notices to residents and property owners within 500 feet of the site of the proposed facility. The municipal clerk s office and the planning department have reviewed the application against the requirements of AMC chapter 10.80, AMC section , and AMC section and considered any comments received from various reviewing agencies, the community council, and the public. Staff has determined that the applicant is generally in compliance with municipal code, with the conditions recommended in the Assembly Resolution. THE ADMINISTRATION RECOMMENDS APPROVAL. Prepared by: Shawn Odell, Senior Planner Approved by: Hal H. Hart, Director, Planning Department Concur: Christopher M. Schutte, Director, Office of Economic and Community Development Concur: William D. Falsey, Municipal Attorney Concur: Michael K. Abbott, Municipal Manager Respectfully submitted: Ethan A. Berkowitz, Mayor Attachment: Planning Department Analysis Packet
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