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HomeMy WebLinkAboutOrdinance No. 2979-2017Sponsored by: Council Members Molloy and Boyle CITY OF KENAI ORDINANCE NO. 2979-2017 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, 14.20.330 STANDARDS FOR COMMERCIAL MARIJUANA ESTA HOW BUFFER DISTANCES ARE MEASURED FROM C ESTABLISHMENTS TO POST -SECONDARY SCHOOLS, F CENTERS, CHURCHES, CORRECTIONAL FACILITIES, A TREATMENT FACILITIES AND APPROVING A POLICY/ MEASURING PEDESTRIAN ROUTES. ALASKA, ENDING KMC 3LISHM TS, TO CHANGE DM CIAL MARIJUANA EPKEATION OR YOUTH SUBSTANCE ABUSE PROVIDE GUIDANCE IN WHEREAS, after numerous work sessions and public rings before the Planning and Zoning Commission and Council, the Council enacted Ordina a No. 2870-2016, regulating Commercial Marijuana Establishments within the City on Janua 20, 2016; and, WHEREAS, in the Ordinance the Council for the permissible location of Commerc minimum State requirements and met or f buffer distances and means of measurement ina Establishments that generally exceeded federal guidance; and, WHEREAS, after approximately one Xar, experience in administering the City's new regulations indicate that amendments to them surement methods of buffer distances are needed to avoid unintended application and all for the reasonable location of Commercial Marijuana Establishments within the City Onsistent with state and local concern; and, WHEREAS, maintaining a 1 00 foot lineal buffer between Commercial Marijuana Establishments and primary and second schools continues to provide sufficient separation for such schools within the City, while all ing for a more lenient and flexible measurement based on pedestrian routes for other prope uses of concern from which Commercial Marijuana Establishments are buffered from, allow or a practical and reasonable approach that will make more land available for Commercial Ma Juana Establishments; and, WHEREAS, a nimum 200 foot lineal buffer measurement provides a safeguard to ensure that measurement utilizing pedestrian routes do not result in unintended proximity between Commercial arijuana Establishments and uses buffered from; and, WHERRR, approving a policy providing detailed guidance on how pedestrian routes are measur is intended to minimize confusion and ambiguity while providing direction to applicants, the pu is and reviewing authorities. , THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, Form: That this is a code ordinance. New Text Underlined; [DELETED TEXT BRACKETED) Ordinance No. 2979-2017 Page 2 of 3 Section 2. Amendment of Section of the Kenai Municipal Code: That Kenai Municipal Code, Section 14.20.330(f) — Standards for Commercial Marijuana Establishments, is hereby amended as follows: (f) No [PORTION OF A PARCEL UPON WHICH ANY] Commercial Marijuana Establishment [IS LOCATED] shall be permitted within the following buffer distances: (1) 1,000 feet of any primary and secondary schools (K-12) and 500 feet of any vocational programs, post -secondary schools including but not limited to trade, technical, or vocational schools, colleges and universities, recreation or youth centers, correctional facilities, churches, and state licensed substance abuse treatment facilities providing substance abuse treatment.[; AND,] [(2)] _A. Primary and Secondary Schools: Buffer distances shall be measured as the closest lineal distance from the perimeter of a stand-alone [C]Commercial [M]Marijuana [E]Establishment structure to the outer boundaries of the primary or secondary school[,], limited to trade, technical, or vocational schools colleges and universities recreation or youth center, or the main public entrance of a church, correctional facility, or a substance abuse treatment facility providing substance abuse C. If the [C]Commercial [M]Marijuana [E]Establishment occupies only a portion of a structure, buffer distances are measured as the closest distance from the perimeter of the closest interior wall segregating the [C]Commercial [M]Marijuana [E]Establishment from other uses, or available uses in the structure, or an exterior wall if closer, to the outer boundaries of the school, recreation or youth center, or the main public entrance of a church, [OR] correctional facility[,] or [A] substance abuse treatment facility providing substance abuse treatment. Section 3. Council Policy No. 2017-03, A Policy Providing Guidance on the Measurement of Pedestrian Routes for Commercial Marijuana Establishment Buffer Distances, is hereby approved as attached hereto. Any future amendments to Policy No. 2017-03 may be approved by Council Resolution. Section 4. Severability: That if any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 2979-2017 Page 3 of 3 Section 5. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect 30 days after adoption. ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 20th day of September, 2017. ATTEST: City Clerk BRIAN GABRIEL SR., MAYOR Introduced: August 16, 2017 Enacted: September 6, 2017 Effective: September 20, 2017 New Text Underlined; [DELETED TEXT BRACKETED] POLICY NO. 2017-03: A Policy Providing Guidance on the Measurement of Pedestrian Routes for Commercial Marijuana Establishment Buffer Distances Purpose The purpose of this policy is to provide guidance on how "the shortest legal and practical pedestrian route" is to be measured for purposes of buffer distances between Commercial Marijuana Establishments and other land uses, as referenced in KMC 14.20.330(f). Scope This policy is intended to provide guidance to applicants for Commercial Marijuana Establishment licenses, the public, and reviewing authorities including but not limited to the City Planner, Planning and Zoning Commission, Board of Adjustment and any reviewing court. Policy The shortest legal practical pedestrian route is to be determined as follows: • From the main entrance of the Commercial Marijuana Establishment the route shall be as direct as possible to the outer boundaries of the post -secondary schools including but not limited to trade, technical, or vocational schools, colleges and universities recreation or youth center, or the main public entrance of a church, correctional facility, or a substance abuse treatment facility providing substance abuse treatment — this may not necessarily be the most common walking route. The route may pass through a parking lot and does not have to be on a pedestrian facility, even if one is provided. Temporary obstructions, such as parked cars, shall not be considered obstructions. Narrow permanent fixtures, such as light poles and single trees, shall not be considered obstructions. Larger permanent and semi-permanent obstructions, such as buildings, fixed dumpster enclosures, clumps of bushes, impassible clumps of trees, and the like shall be considered obstructions and the measured route shall go around them. • Except for perimeter fencing, obstructions may not be constructed on the lot of the Commercial Marijuana Establishment in order to create a longer pedestrian route. • Semi-permanent obstructions on the Commercial Marijuana Establishment lot that pre-exist the application, such as fences, sheds, or landscaping, may be required to be maintained for the life of the Commercial Marijuana Establishment, if the obstruction creates a significant and meaningful change to the measurement of the pedestrian route. • Once the public right-of-way is reached, the route shall remain within public property up to the closest lot line of the protected land use (or the edge of a playground or athletic field, including abutting parking lots) or main public entrance as applicable. The route shall not trespass through any private property. The route may pass through municipal parks or other municipal lands, so long as such lands are not leased to and under the control of another entity. Kenai City Council Policy No. 2017-03 • Where a sidewalk in the right-of-way is provided, the route shall be measured along the path of the sidewalk. Where no sidewalk is provided, the route shall be measured along the edge of the street. The route shall cross streets as follows: • The route shall cross at right angles to the curb or by the shortest route to the opposite curb. • The route shall never be across controlled access streets, overorthrough fenced restrictions, or at locations prohibited by a traffic control device. Exceptions must be specifically signed or marked for pedestrian access. • The route shall comply with all state and City legal requirements regarding pedestrian crossings. The Planning Director shall determine the shortest practicable pedestrian route. Effective Date: ATTEST: City Clerk Page 2 of 2 Approved By Ordinance 2017-2979 BRIAN GABRIEL SR., MAYOR "Villaye with a Past, C# with a Future"' 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907-283-7535 / FAX: 907-283-3014 www.kenai.city MEMORANDUM TO: Mayor Gabriel and Council Members FROM: Council Members Boyle and Molloy DATE: August 9, 2017 SUBJECT: Ordinance No. 2979-2017, Amending KMC 14.20.330 (to Amend the Measurement Methodology for Buffer Distances), And Approving A Policy To Provide Guidance In Measuring Pedestrian Routes On January 20, 2016, after numerous work sessions and public hearings before the Planning and Zoning Commission and Council, the Council enacted Ordinance No. 2870-2016, regulating Commercial Marijuana Establishments within the City. Since then, experience in administering the City's regulations indicated that amendments to the measurement methods of buffer distances were needed to avoid unintended application and to allow for the reasonable location of Commercial Marijuana Establishments within the City. The effect of this ordinance is to amend the measurement methodology of buffer distances (other than for primary and secondary schools) by allowing for a pedestrian route measurement, as opposed to a lineal crow flies measurement, where the distance from a Commercial Marijuana Establishment ("CME") to the other land use (from which the CME is buffered) is greater than 200 linear feet and crosses a maintained dedicated public right-of-way. The City Manager, City Attorney, and City Planner drafted proposed Policy No. 2017-03, using a policy adopted by the Municipality of Anchorage as a starting point, modified for City of Kenai. This policy will provide guidance to applicants for Commercial Marijuana Establishment licenses, the public, and reviewing authorities including but not limited to the City Planner, Planning and Zoning Commission, Board of Adjustment and any reviewing court, on how "the shortest legal and practical pedestrian route" is to be measured for purposes of buffer distances between Commercial Marijuana Establishments and other land uses. After introduction on 8/16/17 and a first public hearing at Council's 9/6/17 meeting, Council at the 9/6/17 meeting could postpone Ordinance No. 2979-2017 (together with its Policy No. 2017- 03) for a second public hearing at Council's 10/04/17 meeting, and refer Ordinance No. 2979- 2017 to the Planning and Zoning Commission, with the Planning and Zoning Commission to provide Council with the Commission's recommendations for Council's 10/04/17 meeting. In the interim, the Planning and Zoning Commission will have two (2) meetings, on 9/13/17 and 9/27/17, and could have discussions and hold a public hearing before making recommendations to Council for Council's 10/04/17 meeting. We respectfully request Council's support of this ordinance and policy a Past Cid alit% a fates 210 Fidalgo Ave, Kenai, Alaska 99611-7794 Telephone: (907) 283-7535 1 Fax: (907) 283-3014 me city a f www.kenai.city KENAI, ALASKA �v/ MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council FROM: City Attorney, Scott M. Bloom 5,6' DATE: August 9, 2017 SUBJECT: Commercial Marijuana Establishment Buffers/Ordinance No. 2979-2017 Ordinance No. 2979-2017 sponsored by Council Members Molloy and Boyle liberalizes the existing restrictions on where Commercial Marijuana Establishments can be located in certain circumstances while maintaining existing strict buffer distances for such establishments in relation to primary and secondary schools. The Ordinance amends the measurement methodology of buffer distances (other than for primary and secondary schools) by allowing for a pedestrian route measurement, as opposed to a lineal crow flies measurement, where the distance from a Commercial Marijuana Establishment to the use buffered from, is greater than 200 linear feet and crosses a maintained dedicated public right-of-way. The proposed Ordinance complies with minimum state requirements for measuring buffers and state and federal laws relating to drug free school zones. The proposed methodology of measurement likewise does not appear to conflict with federal guidance related to state legalized marijuana and is similar in its most liberal application to methodology utilized by the state and other municipalities in Alaska including Anchorage. The proposed measurement methodology, allowing for a buffer measurement based on the shortest legal and practical pedestrian route is arguably open to some interpretation. For this reason, the Ordinance proposes to make the measurement established by the City's Planning Department presumptively valid and additionally adopts Policy No. 2017-03 for the purpose of providing more detailed guidelines for measurement. The presumption in favor of the Planning Department's measurement means that if there is more than one way to measure the applicable pedestrian route, the route measured by the Planning Department will stand over other measurements proposed by other parties (applicants for conditional use permits, or those opposed) as long as the Planning Department's methodology is reasonable and complies with the law. Policy No. 2017-03 provides more detailed guidance on how to measure pedestrian routes and borrows heavily from rules established by the Municipality of Anchorage that has already applied and modified pedestrian route measurement methodologies.