Submitted by: Chair Traini at the Request of the Mayor Prepared by: Municipal Clerk s Office and Planning Department For reading: September 12, 2017 ANCHORAGE, ALASKA AR No. 2017-290 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 A RESOLUTION OF THE ANCHORAGE MUNICIPAL ASSEMBLY APPROVING A MARIJUANA LICENSE AND SPECIAL LAND USE PERMIT FOR A MARIJUANA CULTIVATION FACILITY WITH LICENSE NUMBER M12770, DOING BUSINESS AS SECRET GARDEN CANNABIS, AND LOCATED AT 726 EAST 15th AVE. (Fairview Community Council) (Case 2017-0099) THE ANCHORAGE ASSEMBLY RESOLVES: Section 1. The approvals in sections 2 and 3 of this resolution are for a marijuana cultivation facility with municipal license number M12770, doing business as Secret Garden Cannabis, located at 726 East 15 th Ave, in the B-3 district, within Lot 8B, Block 36, Anchorage Townsite Third Addition; generally located southeast of the intersection of Gambell Street and East 15 th Avenue in Anchorage. Section 2. The application submitted for the requested marijuana establishment license generally meets the applicable provisions of Anchorage Municipal Code (AMC) chapter 10.80. A marijuana cultivation facility license is hereby approved for Secret Garden Cannabis, subject to the following conditions pursuant to AMC section 10.80.015: 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 Alaska Marijuana Control Board (AMCO). 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. Section 3. The application submitted for the requested special land use permit for marijuana generally meets the applicable provisions of AMC section 21.03.105 and AMC section 21.05.055. A special land use permit for a marijuana cultivation facility is hereby approved for Secret Garden Cannabis, subject to the following conditions pursuant to AMC subsection 21.03.020M.: 1. All uses shall conform to the plans and narrative submitted with the
AR regarding Secret Garden Cannabis Page 2 of 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 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 subsection 21.03.105C.9. 2. 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. Resolve with Municipal Light & Power (ML&P) the need to complete necessary upgrades to ML&P s equipment to sufficiently supply the intended load. 7. The licensee or a designated employee shall keep written records (downwind location; distance from facility; time; odor intensity) of weekly outdoor odor observations made on the property in order to detect odor breakthrough and to aid in any odor complaint investigations. 8. In accordance with AMC 21.07.040F., provide to Planning, a revised site plan dedicating an area equal to at least 5% of the paved surface area for snow storage, or enter into a Snow Removal Agreement with the Municipality. 9. In accordance with AMC 21.07.060E., provide to Planning, a revised site plan that shows a compliant pedestrian access pathway from the right-of-way of 15 th Avenue to the building s main entrance. 10. In accordance with AMC 21.07.080E.1, Table 21.07-2, provide to Planning, a revised site plan that shows the development of L1-Visual Enhancement Landscaping along the northern lot boundary abutting East 15 th Avenue; or establish nonconforming rights for the lack of compliant landscaping. 11. In accordance with AMC 21.07.090G., Table 21.07-6: Off-Street Loading Berths, provide to Planning, a revised site plan that shows the development of one Type B loading berth, or establish nonconforming
AR regarding Secret Garden Cannabis Page 3 of 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 rights for the lack of a compliant loading berth. 12. Submit to Development Services, an application for a change of use permit to develop a marijuana cultivation facility, and provide proof of application to Planning. 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 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, 2018. An application to renew the marijuana license may be submitted in accordance with AMC section 10.80.036. The special land use permit for marijuana approved in section 3 above is valid until it expires in accordance with AMC subsection 21.03.105C.10. Section 7. In accordance with AMC subsection 10.80.061B., 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, 2017. Chair of the Assembly ATTEST: Municipal Clerk
MUNICIPALITY OF ANCHORAGE Assembly Memorandum No. AM 611-2017 Meeting Date: September 12, 2017 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 From: Subject: MAYOR A RESOLUTION OF THE ANCHORAGE MUNICIPAL ASSEMBLY APPROVING A MARIJUANA LICENSE AND SPECIAL LAND USE PERMIT FOR A MARIJUANA CULTIVATION FACILITY WITH LICENSE NUMBER M12770, DOING BUSINESS AS SECRET GARDEN CANNABIS, AND LOCATED AT 726 EAST 15th AVE. Secret Garden Cannabis has applied for a cultivation facility license and special land use permit. The facility is proposed to be located at 726 East 15 th Ave in the Fairview community council. The applicant has successfully completed their public notice requirements, and on July 26, 2017, the planning department mailed 274 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 Anchorage Municipal Code (AMC) chapter 10.80, AMC section 21.03.105, and AMC section 21.05.055 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, and with the conditions recommended in the Assembly Resolution. THE ADMINISTRATION RECOMMENDS APPROVAL. Prepared by: Ryan Yelle, Associate Planner, Planning Department Approved by: Hal H. Hart, AICP, 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
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