Submitted by: Chair of the Assembly at the Request of the Mayor Prepared by: Municipal Clerk s Office and Planning Department For reading: April 25, 2017 ANCHORAGE, ALASKA AR No. 2017-144 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 RETAIL STORE ESTABLISHMENT WITH LICENSE NUMBER M10975, DOING BUSINESS AS SATORI, AND LOCATED AT 221 E. 5 th AVENUE. (Downtown Community Council) (Case 2017-0024) THE ANCHORAGE ASSEMBLY RESOLVES: Section 1. The approvals in sections 2 and 3 of this resolution are for a marijuana retail establishment with municipal license number M10975, doing business as Satori, located at 221 E. 5 th Avenue, in the B-2B district, within Lot 9, Block 115, Anchorage Original Townsite; generally located north of East 5 th Avenue, west of Barrow Street, south of East 4 th Avenue, and east of Cordova 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 retail establishment license is hereby approved for Satori, 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. 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 subsection 10.80.021B. Section 3. The application submitted for the requested special land use permit for marijuana generally meets the applicable provisions of AMC section 21.50.020 and AMC section 21.50.420. A special land use permit for a marijuana retail sales establishment facility is hereby approved for Satori, subject to the following
AR Special Land Use Permit for Satori 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 conditions: 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 21.15.030G 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. The retail sales establishment shall be closed to the public between 9:00 p.m. and 9:00 a.m., Monday through Saturday. 7. Signs shall comply with state regulation and chapter 21.47. No temporary signs are permitted. 8. Revise the floor plan to move the entryway to the furthest west doorway, or otherwise comply with AMC 21.50.420C.1 regarding separation from protected land uses. 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 21.15.030J.3. Section 7. In accordance with AMC section 10.80.061B., the Municipal Clerk shall, upon approval of this municipal marijuana establishment license and
AR Special Land Use Permit for Satori Page 3 of 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 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 309-2017 Meeting Date: April 25, 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 34 35 36 37 38 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 M10975, DOING BUSINESS AS SATORI, AND LOCATED AT 221 E. 5 th AVENUE. Satori has applied for a retail marijuana establishment license and special land use permit. The facility is proposed to be located at 221 E. 5 th Ave, in the Downtown community council. The applicant has successfully completed their public notice requirements, and on March 21, 2017 the Planning Department mailed 402 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 21.15.030, AMC 21.50.020 and AMC section 21.50.420, 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 petitioner needs to move the entryway to the existing doors on the west side of the building in order to meet the required separation distance from Identity, Inc., which is a community center use-type and a protected land use. THE ADMINISTRATION RECOMMENDS APPROVAL. Prepared by: Francis McLaughlin, 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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