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Submitted by: Chair Gray-Jackson at the Request of the Mayor Prepared by: Municipal Clerk s Office and Planning Department For reading: December 6, 2016 ANCHORAGE, ALASKA AR No. 2016-329 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 MANUFACTURING ESTABLISHMENT WITH LICENSE NUMBER M10322, DOING BUSINESS AS THE BABYLON COMPANY, LLC, AND LOCATED AT 6820 ROSEWOOD STREET, UNIT 9. (Taku Campbell Community Council) (Case 2016-0138) THE ANCHORAGE ASSEMBLY RESOLVES: Section 1. The approvals in sections 2 and 3 of this resolution are for a marijuana manufacturing establishment with municipal license number M10322, doing business as The Babylon Company, LLC, located at 6820 Rosewood Street, Unit 9, in the I-1 district, within Block 4A, Woster Subdivision; generally located at East 68 th Avenue and Rosewood Street, 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 manufacturing establishment license is hereby approved for The Babylon Company, LLC, 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 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. 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 manufacturing establishment facility is hereby approved for The Babylon Company, LLC, 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 2016-329 regarding The Babylon Company, LLC 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 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. Provide accessible parking spaces that have the proper markings and signage per AMC subsection 21.07.090J.10. 7. Signs advertising the marijuana establishment may be placed only in the marijuana establishment s window or attached to the outside of the licensed premises. 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, 2017. 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 section 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.

AR 2016-329 regarding The Babylon Company, LLC Page 3 of 3 1 2 3 4 5 6 7 8 9 10 11 12 13 PASSED AND APPROVED by the Anchorage Assembly this day of, 2016. Chair of the Assembly ATTEST: Municipal Clerk

MUNICIPALITY OF ANCHORAGE Assembly Memorandum No. AM -2016 Meeting Date: December 6, 2016 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 From: Subject: MAYOR A RESOLUTION OF THE ANCHORAGE MUNICIPAL ASSEMBLY APPROVING A MARIJUANA LICENSE AND SPECIAL LAND USE PERMIT FOR A MARIJUANA MANUFACTURING ESTABLISHMENT WITH LICENSE NUMBER M10322, DOING BUSINESS AS THE BABYLON COMPANY, LLC, AND LOCATED AT 6820 ROSEWOOD STREET, UNIT 9. The Babylon Company, LLC has applied for a manufacturing marijuana establishment license and special land use permit. The facility is proposed to be located at 6820 Rosewood Street, Unit 9 in the Taku Campbell community council. The applicant has successfully completed their public notice requirements, and on October 31 2016, the Planning Department mailed 235 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 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, with the conditions recommended in the Assembly Resolution. The Planning Department recommends conditions of approval to bring the site into compliance with Title 21. The Traffic Department noted the site plan does not show accessible parking spaces required for the site. Accessible parking spaces need the proper markings and signage per AMC subsection 21.07.090J.10. THE ADMINISTRATION RECOMMENDS APPROVAL. Prepared by: Sharon Ferguson 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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