HomeMy WebLinkAboutOrdinance No. 2997-2018CITY OF KENAI
ORDINANCE NO. 2997-2018
Sponsored by: Legal
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KENAI
MUNICIPAL CODE 14.20.330 - STANDARD FOR COMMERCIAL MARIJUANA
ESTABLISHMENTS, FOR PURPOSES OF CONSISTENCY WITH THE CITY'S LAND USE
TABLE.
WHEREAS, on January 20, 2016, the Council enacted Ordinance No. 2870-2016, creating
standards and zoning requirements for commercial marijuana establishments in Kenai; and,
WHEREAS, Ordinance 2870-2016 created both a new section of code, KMC 14.20.330, and
amended the City's existing Land Use Table, KMC 14.22.010; and,
WHEREAS, during the Council's consideration of the Ordinance on January 20, 2016, more than
20 motions to amend the legislation were made; and,
WHEREAS, several motions amending the Land Use Table were approved without
complementary motions needed to KMC 14.30.330 for purposes of consistency; and,
WHEREAS, these motions included permitting marijuana testing facilities in certain zones, and
amending where other types of commercial marijuana establishments were allowed with
conditional use permits; and,
WHEREAS, it is in the best interest of the City to amend KMC 14.20.330 consistent with the intent
of Council's approved amendment motions and the Land Use Table.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA,
as follows:
Section 1. Amendment of Section 14.20.330 of the Kenai Municipal Code: That Kenai
Municipal Code, Section 14.20.330 — Standards for Commercial Marijuana Establishments, is
hereby amended as follows:
The purpose of this Section is to establish general standards for Commercial Marijuana
Establishments.
(a) [A] Commercial Marijuana Establishments [SHALL] may be permitted or ONLY BE]
allowed with a Conditional Use Permit under Kenai Municipal Code Section 14.20.150, as
provided in the City of Kenai's Land Use Table, Kenai Municipal Code 14.22.010, and the
provisions of this section.
(b) Applicants applying for a Conditional Use Permit must include an area map drawn to
scale indicating all land uses on other properties within a 500 -foot proximity of the lot upon
which the applicant is seeking a Conditional Use Permit. This shall be in additional to the
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Ordinance No. 2997-2018
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Conditional Use Permit submission requirements in Kenai Municipal Code Section
14.20.150.
(c) A Public Hearing shall be scheduled before the Planning and Zoning Commission to
review the Conditional Use Permit application once it has been deemed complete. The Public
Hearing shall be scheduled in accordance with the requirements in Kenai Municipal Code
Section 14.20.280, except that notification shall be mailed to all real property owners on
record on the Borough Assessor's records within a five hundred (500) foot periphery of the
parcel affected by the proposed action.
(d) The preparation, packaging, manufacturing, processing or storing of all Marijuana,
Marijuana Concentrate or Marijuana Products must be conducted within a fully enclosed
secure indoor facility. The growing and cultivating of marijuana must be conducted within a
fully enclosed, secure indoor facility or greenhouse with view obscuring rigid walls, a roof
and doors, unless a non -rigid greenhouse, or other structure is specifically approved, in
which case the cultivation must be enclosed by a sight obscuring wall or fence at least six
feet high.
(e) All Commercial Marijuana Establishments shall not emit an odor that is detectable by
the public from outside the Commercial Marijuana Establishment.
(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) Buffer distances shall be measured as the closest distance from the perimeter of
a stand-alone commercial marijuana establishment structure to the outer boundaries of
the school, recreation or youth center, or the main public entrance of a church,
correctional facility, or a substance abuse treatment facility providing substance abuse
treatment. If the commercial marijuana 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 commercial marijuana 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, a substance abuse treatment facility providing substance
abuse treatment.
[(G) EXCEPT AS OTHERWISE PROVIDED FOR IN THIS SECTION, NO PERSON OR
LICENSEE MAY CONSTRUCT, BUILD, OPERATE OR OTHERWISE DEVELOP A
COMMERCIAL MARIJUANA ESTABLISHMENT ON ANY PARCEL ZONED: RURAL
RESIDENTIAL (RR), RURAL RESIDENTIAL -1 (RR -1), SUBURBAN RESIDENTIAL (RS),
SUBURBAN RESIDENTIAL -1 (RS -1), SUBURBAN RESIDENTIAL -2 (RS -2), URBAN
RESIDENTIAL (RU), TOWNSITE HISTORIC (TSH), CONSERVATION (C), RECREATION
(R), CENTRAL COMMERCIAL (CC), GENERAL COMMERCIAL (GC), EDUCATION ZONE
(ED) OR CENTRAL MIXED USE (CMU).]
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Ordinance No. 2997-2018
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[(H) A PERSON OR LICENSEE MAY APPLY FOR A CONDITIONAL USE PERMIT TO
ALLOW FOR THE CONSTRUCTION AND OPERATING OF A MARIJUANA TESTING
FACILITY IN THE CENTRAL COMMERCIAL (CC), GENERAL COMMERCIAL (GC) OR
CENTRAL MIXED USE (CMU) ZONES.]
([I]g) A person or licensee may apply for a Conditional Use Permit to allow for a Marijuana
Cultivation Facility, Standard on lots of forty thousand (40,000) square feet or greater in size,
and a Marijuana Cultivation Facility, Limited on any size lot. [IN THE FOLLOWING ZONES:
RURAL RESIDENTIAL (RR), RURAL RESIDENTIAL -1 (RR -1), SUBURBAN RESIDENTIAL
(RS), SUBURBAN RESIDENTIAL -1 (RS -1), SUBURBAN RESIDENTIAL -2 (RS -2), URBAN
RESIDENTIAL (RU), OR LIMITED COMMERCIAL (LC).]
([J]h) A Marijuana Cultivation Facility, Standard, or a Marijuana Cultivation Facility,
Limited, shall only be allowed on a lot which has an existing structure consistent with a
principal permitted use.
([K]k) A Marijuana Cultivation Facility located in an Accessory Building shall be subject to
the setback provisions in Kenai Municipal Code Section 14.24.020 — Development
Requirements Table. A Person or Licensee seeking relief from the provisions in the
Development Requirements Table may apply for a Variance subject to the provisions of
Kenai Municipal Code Section 14.20.180.
Section 2. 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.
Section 3. 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 17th day of January,
2018.
BRIAN GABRIEL SR.. MAYOR
ATTEST:
rK04W9
ity Clerk
4r A Introduced: January 3, 2018
,�� Enacted: January 17, 2018
ED Effective: February 16, 2018
New Text Underlined; [DELETED
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210 Fidalgo Ave, Kenai, Alaska 99611-7794
Telephone: (907) 283-7535 1 Fax: (907) 283-3014
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MEMORANDUM
TO: Mayor Brian Gabriel and Kenai � Council
FROM: City Attorney, Scott M. Bloom
DATE: January 3, 2018
SUBJECT: Standards for Commercial Marijuana Establishments/Ordinance No. 2997-
2018
Ordinance No. 2997-2018 sponsored by the City Attorney removes conflicting code provisions
between KMC 14.20.330- Standards for Commercial Marijuana Establishments, and KMC
14.22.010 -Land Use Table, consistent with the intent of the City Council. Kenai Municipal Code
14.20.330 was enacted, and KMC 14.22.010 was amended, by Ordinance 2870-2016 at the
Council's regular meeting on January 20, 2016 which created the City's first standards and
zoning requirements for commercial marijuana establishments. During Council's consideration
of the Ordinance on January 20, 2016 over 20 amendments were made. A few of the
amendments made to the Land Use Table were approved without needed complimentary
amendments to KMC 14.20.330.
The following is a summary of three approved amendments to the Land Use Table on January
20, 2016, and conflicting provisions in KMC 14.20.330:
14.22.010 Land Use Table
14.20.330 - Standards
Permitting testing facilities in certain Industrial
14.20.330(a) requires all marijuana
establishments have a conditional use
Zones
permit
Allowing marijuana establishments in General
14.20.330(g) prohibits establishments
Commercial Zone with conditional use permit.
in General Commercial Zone
Allowing retail establishments in Central Mixed Use
14.20.330(g) prohibits establishments
in Central Mixed Use Zone
Zone
The recording and attached minutes of the meeting clearly show that the Council intended to allow
commercial marijuana establishments in certain zones either as permitted on conditional uses as
reflected in the Land Use Table, and KMC 14.20.330 should be amended to be consistent with
the Land Use Table.
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Standard for Commercial Marijuana Establishments/Ordinance No. 2997-2018
Ordinance 2997-2018 as proposed makes the necessary changes and additional changes,
removing zoning prohibitions and delegations from KMC 14.20.330 in an effort to avoid similar
issues in the future caused by having the same information in two places in the code.
The sponsor does not recommend referral of this ordinance to the Planning and Zoning
Commission because it is only intended to address issues that have already been decided by the
City Council with prior input from the Planning and Zoning Commission.
Your consideration is appreciated.
KENAI CITY COUNCIL — REGULAR MEETING
JANUARY 20, 2016 — 6:00 P.M.
KENAI CITY COUNCIL CHAMBERS
210 FIDALGO AVE., KENAI, AK 99611
VICE MAYOR BRIAN GABRIEL, PRESIDING
MINUTES
A. CALL TO ORDER
A Regular Meeting of the Kenai City Council was held on January 20, 2016, in City Hall Council
Chambers, Kenai, AK. Vice Mayor Brian Gabriel called the meeting to order at 6:00 p.m.
1. Pledge of Allegiance
Vice Mayor Gabriel led those assembled in the Pledge of Allegiance.
2. Roll Call
There were present:
Pat Porter, Mayor (telephonic)
Robert Molloy
Terry Bookey
Tim Navarre (telephonic)
A quorum was present.
Also in attendance were:
Henry Knackstedt
Brian Gabriel, Vice Mayor
Mike Boyle
"Hannah Drury, Student Representative
Terry Eubank, Acting City Manager
Scott Bloom, City Attorney
Sandra Modigh, City Clerk
Jamie Heinz, Deputy Clerk
3. Agenda Approval
Vice Mayor Gabriel noted the following requested revisions/additions to the agenda/packet:
Add to Item D. 1
Ordinance No. 2870-2016
• Correspondence in Opposition
• Correspondence in Opposition
Add to Item H. 2
Airport Commission Report
• Correspondence from Director
MOTION PASSED UNANIMOUSLY.
VOTE ON THE AMENDED AMENDMENT MOTION:
YEA: Porter, Knackstedt, Navarre, Bookey, Boyle, Molloy, Gabriel
NAY:
"Student Representative Drury: YEA
MOTION PASSED UNANIMOUSLY.
MOTION TO AMEND:
Councilor Molloy MOVED to amend the land use table by making Marijuana Testing Facilities a
permitted use in the Light Industrial and Heavy Industrial zones; the motion was SECONDED by
Council Member Bookey.
VOTE ON THE AMENDMENT MOTION:
YEA: Porter, Knackstedt, Navarre, Bookey, Boyle, Molloy, Gabriel
NAY:
"Student Representative Drury: YEA
MOTION PASSED UNANIMOUSLY.
Old Town's positioning related to the General Commercial and Central Commercial zones was
clarified.
MOTION TO AMEND:
Councilor Bookey MOVED to amend the land use table by permitting Marijuana Cultivation
Facility, Standard, Marijuana Cultivation Facility, Limited, Retail Marijuana Store, and Marijuana
Product Manufacturing Facilities in the General Commercial zone by Conditional Use; the motion
was SECONDED by Council Member Molloy. UNANIMOUS CONSENT was requested.
VOTE ON THE AMENDMENT MOTION: There being no objection; SO ORDERED.
MOTION TO AMEND:
Councilor Molloy MOVED to amend the 1311 "WHEREAS," clause to read, "WHEREAS,
Commercial Marijuana Establishments should only be allowed by Conditional Use subject to the
provisions of Kenai Municipal Code Section 14.20.150 to allow the Planning & Zoning
Commission to evaluate each establishment to ensure consistency with Commercial Marijuana
Regulations and the goals of the Kenai Zoning Code except for Marijuana Testing Facilities in the
IL and IH zones which are consistent with other permitted uses in these zones; and,"; the motion
was SECONDED by Council Member Knackstedt. UNANIMOUS CONSENT was requested.
VOTE ON THE AMENDMENT: There were no objection; SO ORDERED
MOTION TO AMEND:
City of Kenai Cou
January 20, 2016
Councilor Bookey MOVED to amend the land use table by permitting Marijuana Retail Stores by
Conditional Use in the Central Mixed Use zone; the motion was SECONDED by Council Member
Molloy.
It was clarified the only affect the amendment would have on Old Town was that the properties
on the Kenai Spur Highway, accessed only by the highway, would be allowed by Conditional Use
Permit.
VOTE ON THE AMENDMENT:
YEA: Knackstedt, Navarre, Bookey, Boyle, Molloy
NAY: Porter, Gabriel
"Student Representative Drury: YEA
MOTION PASSED.
Councilor Bookey MOVED to amend the land use table by allowing Marijuana Cultivation
Facilities, Standard and Marijuana Cultivation Facilities, Limited as a permitted use instead of by
Conditional Use in the Light Industrial and Heavy Industrial zones; the motion was SECONDED
by Council Member Molloy.
It was suggested that marijuana be permitted uses in some zones and not be solely Conditional
Use everywhere. There was opposition noting that the citizens should be comfortable with the
new industry before it was allowed as a permitted use.
lirtf4-:Ys
YEA: Bookey, Boyle, Molloy
NAY: Porter, Gabriel, Navarre, Knackstedt
"Student Representative Drury: NAY
MOTION FAILED.
MOTION TO AMEND:
Councilor Bookey MOVED to amend the land use table by allowing Marijuana Retail Store as a
permitted use instead of by Conditional Use in the Light Industrial and Heavy Industrial zones;
the motion was SECONDED by Council Member Molloy.
VOTE ON THE AMENDMENT:
YEA: Bookey, Boyle, Molloy
NAY: Porter, Gabriel, Navarre, Knackstedt
"Student Representative Drury: NAY
MOTION FAILED.
City of Kenai Council Meeting Page 10 of 17
January 20, 2016