Daily Sitka Sentinel

Panel Approves Permits For Pot Businesses

By SHANNON HAUGLAND

Sentinel Staff Writer

The marijuana retail and cultivation trade is moving forward in Sitka.

The Planning Commission Tuesday night approved conditional use permits for two cultivation operations, and two retail operations, although all the applicants are still waiting for permits from the state.

Commission members voted unanimously in favor of four out of five permits – putting off a decision on a fifth application. They said they will be keeping a close eye on the trade at its outset.

The commission approved:

– a cultivation and retail business in the strip mall at 1321 Sawmill Creek Road.

– another retail facility in the same strip mall.

– a cultivation facility at 4614 Halibut Point Road, across from the Old Sitka cruise ship dock.

An application for a retail permit at 205 Harbor Drive was put on hold.

Several members of the public expressed concerns about marijuana becoming more easily available. They also expressed concerns about the locations of the proposed businesses downtown next to a tutoring center, and in a strip mall, close to a movie theater and restaurant that attract young people.

The retail and cultivation permits that were approved were issued with 11 or 12 conditions, including requirements on security, parking, traffic, noise and odor, and screening from public view.

Planning staff pointed out that the state’s permit requirements cover many of the areas the community has mentioned having problems with.

Only two members of the public raised objections to the operations, and they were far outnumbered by those applying for permits. The city also has received four letters from two individuals opposed to the marijuana businesses.

The commission in general said the applicants provided thorough and impressive descriptions of their planned operations in their state permit applications, which were included in their applications for conditional use permits. 

The permit application for 205 Harbor Drive was sent back for more details.

The state marijuana control board plans to take up permits for cultivation in June, and retail in September. However, city Senior Planner Michael Scarcelli said he has heard that the state may be rolling the dates back to later in the year.

In the motions approving the conditional use requests, the commission stated there are “no negative impacts that can’t be mitigated by the conditions.”

Marijuana Advisory Committee member Joe D’Arienzo explained in public testimony that the committee endorsed the conditional use process.

“Being a conditional use, (the permit) comes up every year so if there’s issues they can be addressed,” he said.

Those receiving conditional use permits Tuesday included:

– Mike Daly, for cultivation and retail businesses at 1321 Sawmill Creek Road, where Daly’s business Northern Lights Indoor Gardens LLC is renting two spaces in the strip mall. The property is owned by Eagle Bay Inn LLC and is zoned Commercial-2.

– Michelle Cleaver, for a retail facility called Weed Dudes in the same strip mall.

– Aaron Bean, for cultivation at 4614 Halibut Point Road, under the name Green Leaf LLC. He plans to apply later for a retail permit. The property owners are Connor K. Nelson and Valorie Nelson, and is in the Commercial-2 zone.

The commission spent the most time on the first application, looking at the layout of the grow facility and retail space, and listening to a description of the investment Daly is putting into the building to make sure he has no problems with mold, noise and odor.

“We’ve spent a lot of time and energy,” Daly said. “We’re building rooms to contain smell – they’re completely airtight rooms ... If we have mold we have to destroy all our crops anyway.”

He said he and his business partner, Micah Miller, have gone above and beyond the state’s requirements.

Public testimony came in from Jennifer Davis, who urged caution with the conditional use process.

“I work with young children – we spend a lot of time telling them they’re too good for drugs,” she said. She said she would prefer to not see marijuana businesses so close to places where children are present, including the restaurant and movie theater in the mall. “There are also a lot of children in the neighborhood. I would urge caution.”

Planning Commission members said they were impressed by Daly’s application, and that he is trying to be as thorough as possible in following regulations. Similar comments were made about the application submitted by Bean for the Halibut Point Road location.

“I can’t think of a better location for a cultivation (business) than out there,” said commission member Darrell Windsor.

The Planning Commission sent back to Mary Magnuson her application for a retail marijuana business at 205 Harbor Drive, in the central business district. Magnuson, who plans to rent space to a marijuana retail operation, was advised she needs more detail in her application.

From the public, Margie Esquiro said she felt there were “sensitive uses” in the downtown neighborhood, including a tutoring service for children.

The commission took up a number of other items at its nearly three-hour meeting. Those included:

– approval of an annual review of a conditional use permit for an accessory dwelling unit at 707 Lake St., for Phyllis Hackett.

– tabling an application from Jamie Steinson for a variance at 224 Marine St., and a variance request from Peter Thielke at 722 Biorka Street.

– approval of a preliminary plat for a major subdivision at the southern end of Lisianski Peninsula. Scarcelli said the state plans to sell 18 lots of 4.2 to 9.9 acres – a total of 122 acres – for recreational use. The commission will take it up again for a final plat, then send it to the Assembly for final approval.

– denied on a 4-1 vote a tidelands sale at 263 Katlian Avenue to Forrest Dodson. Dodson has purchased and filled the tidelands seaward of his house and plans to move the house onto the filled tidelands. He asked to purchase an additional 1,017 square foot strip of tidelands north of his property to minimize construction costs, and for extra room. But planning staff expressed concern that a sale might limit the public’s access to the water, or interfere with the city’s future plans for the nearby haulout grid. The commission advised Dodson to apply to lease instead of purchase the strip of land. Windsor voted against the motion to deny.

– approved a conditional use permit to Levi Hunt and Kristy Crews for a short-term rental at 3001 Mikele St. Crews said she and Hunt would like more flexibility to accommodate visiting friends and family than a long-term rental would afford.

– approved a lease to Petro Marine Services for the tidelands next to their property at 1 Lincoln Street. The company plans to build a new 150-foot fueling dock, on the 7,082 square feet of tidelands.