HomeMy WebLinkAboutResolution No. PZ2018-13the dfy of.
KENAI, ALASKA
~
CITY OF KENAI
PLANNING & ZONING COMMISSION
RESOLUTION PZ2018-13
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION RECOMMENDING TO THE
COUNCIL OF THE CITY OF KENAI , ALASKA, TO AMEND KENAI MUNICIPAL CODE
SECTIONS 14.20.330-Standards For Commercial Marijuana Establishments and 14.20 .010-
Land Use Table to Prohibit Standard Marijuana Cultivation Facilities in Residential Zones.
WHEREAS, on November 4, 2014, the voters of the State of Alaska passed Ballot Measure No.
2, An Act to Tax and Regulate the Production, Sale, and Use of Marijuana, codified as Alaska
Statute 17.38; and,
WHEREAS, Alaska Statute 17.38.210 states in part that "a local government may enact
ordinances or regulations not in conflict with this chapter or with regulations enacted pursuant to
this chapter, governing the time, place, manner and number of marijuana establishment
operations"; and ,
WHEREAS, the City, as a home rule municipality, has the authority to provide responsible Zoning
Regulations that protect the public peace, health, safety and welfare; and,
WHEREAS, the City has enacted regulations of commercial marijuana establishments through its
zoning code and land use table; and ,
WHEREAS, after numerous public hearings on conditional use permits for commercial marijuana
establishments , further review and implementation of the recently enacted regulations and
experience with the newly legalized industry, the Planning and Zoning Commission recommends
certain amendments to the current regulations; and,
WHEREAS, State Statute and Kenai Municipal Code recognize a difference between commercial
marijuana cu ltivation 'standard' (over 500 square feet or greater) and limited (less than 500 square
feet); and,
WHEREAS, current City regulations allow both standard and limited commercial cultivation in
residential zones through a conditional use permit as long as other zoning requirements are met;
and ,
WHEREAS, the Planning and Zoning Commission finds that standard commercial cu ltivation may
have an unjustifiable impact on residen ti al neighborhoods g iven the potential business nature of
a larger scale cultivation, including numerous employees and increased traffic that is not
compatib le with residential neighborhoods; and,
WHEREAS, the Planning and Zoning Commission recommends the Kenai Zoning Code and Land
Use table be amended to prohibit standard marijuana cultivation facilities in residential zones as
provided below.
Resolution No. 2018-13
Page 2 of 8
NOW, THEREFORE, BE IT RECOMMENDED TO THE COUNCIL OF THE CITY OF KENAI,
ALASKA, THAT
Section 1. That an Ordinance be enacted to amend Kenai Municipal Code sections 14.20 .330
and 14.22.010 as follows:
A. 14.20.330 Standards for Commercial Marijuana Establishments.
The purpose of this section is to establish general standards for commercial marijuana
establishments.
(a) Commercial marijuana establishments may be permitted or allowed with a conditional
use permit under KMC 14 .20.150, as provided in the City of Kenai's land use table, KMC
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 five hundred (500) foot proximity of
the lot upon which the applicant is seeking a conditional use permit. This shall be in addition
to the conditional use permit submission requirements in KMC 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 KMC 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, and 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
(6) 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
sha ll be permitted within the following buffer distances :
(1) One thousand (1 ,000) feet of any primary and secondary schools (K-12) and five
hundred (500) feet of any vocational programs , post-secondary schools , including but
not limited to trad e, 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 s ubstance 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, or a s ubstance abuse treatment facility providing
substance abuse treatment.
Resolution No. 2018-13
Page 3 of 8
(g) As provided in the Land Use Tab le, 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.
(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.
(i) A marijuana cultivation facility located in an accessory building shall be subject to the
setback provisions in KMC 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 KMC 14.20 .180.
B. 14.22.010 Land use table.
KEY: P = Principal Permitted Use
C = Conditional Use
S =Secondary Use
N =Not Permitted
~ONING DISTRICTS
_AND USES
~ESIDENTIAL
)ne-Family Dwelling
rwo-, Three-Family Dwelling
=ou r-Family Dwelling
=ive-, Six-Family Dwelling
3even-or More Family Dwelling
v'lobile Home Parks6
'lanned Unit Residential
)evelopment7
ro wnhouses4
\ccessory Building on Parcel
IVithout Main Building or Use (See
<MC 14.20.200 )
;oMMERCIAL
\irport Compatible Uses
\utomotive Sales
\utomotive Service Stations
3anks
3usiness/Consumer Services
ALI c
N c 1s
N c1s
N c 1s
N c1s
N c1s
N N
N c1 s
N c 1s
N N
p N
c N
c N
c N
c N
RR
p
p
p
C3
C3
c
c
C3
c
N
c
c
c
c
LAND USE TABLE
RR-RS 1
p p
p p
C3· p
29
N p
N C3
N c
c 29 c
C3, C3
29
c c
N N
N N
N N
N c
N c
NOTE: Reference
footnotes on following
pages for additional
restrictions
RS-RS-RU cc CG IL 1 2
p p p p 21 s1 s2
p p p p 21 s1 c
N N p p2 1 s1 c
N N p p21 s1 c
N N p p21 s1 c
c c c c c c
c c c c c c
c 3 C3 c 3 c c c
c c c N N N
N N N c c c
N N c p p p
N N c p p p
N N c p p p
N N c p p p
IH ED R TSH
s2 c22 p p
c c22 p p
c c22 N p
c N N p
c N N p
c N c N
c N c c
c c22 c c
N N N c
c N N N
p N N N
p N c N
c N c c
c N c c
LC
p
p
c
c
c
N
c
c
N
c
N
N
c
c
CMU
s 11c2
s 11c2
s 11c2
s 11c2
s 11c2
c
c
c
N
c
p
p
p
p
Resolution No. 2018-13
Page 4 of 8
~ommercial Recreation
3uide Service
fotels/Motels
.odge
v1arijuana Cultivation Facility,
.imited 30
ariju a na Cultivation Facility ,
)tandard 30
v1arijuana Product Manufacturing
=acility 30
v1arijuana Testing Facility 30
)rofessional Offices
~estaurants
~etail Business
~etail Marijuana Store 30
r heaters
l\fholesale Business
NDUSTRIAL
\irports
~ecessary Aviation Facilities
\utomotive Repair
3as Manufacturer/Storage
v1anufacturing/Fabricating/Assembly
v1ini-Storage Facility
)torage Yard
Na rehouses
>UBLIC/INSTITUTIONAL
\ssisted Living
~hurches*
~linics
~alleges*
:lementary Schools*
3overnmental Buildings
~igh Schools*
~ospitals*
.ibraries*
v1useums
N N c
c N c
c N c
c N c
N N c
N N [C]N
N N N
N N N
c N c
c N c
c N26 c
N N N
N N c
c N c
c p 20 c
p p c
p N c
c g N N
p N c
c N c
c N c
c N c
N c c
N c p 10
N c c
N c c
N c c
p c c
N c c
N c c
N c c
c c c
N c N N c p
N c N N c p
N c N N c p
N c N N c p
c c c c c N
[C]N [C]N [C]N [C]~ [C]N N
N N N N N N
N N N N N c
c2g c N N p p
N c N N c p
N c N N c p
N N N N N N
N c N N c p
N c N N c c
N c N N c c
c c c c c p
N c N N c p
N c N N N N
N c N N c c
N c N N c c
N c N N c c
N c N N c N
c c c c c c
p 10 p10 p10 p1 0 p1 0 p 10
N c c c c p
c2g c c c c p
c2g c c c c p
c2g c c c c p
c2g c c c c p
N c c c c p
c 2g c c c c1 2 p
c2 g c c c c p
p c c N p c c p
p p p N p p c p
p p c N c p c p
p p c N p p c p
c c c N N N c N
c c c N N N c N
c c c N N N N N
c p p N N N c c
p p p N c p p p
p p c N c c c p
p p p S24 S24 c c p
c c c N N N c c
p c c N p c c p
p p p N S24 c c N
c c c N c N N c
p p p c p c p p
p p p N N N N p
N cg c g N N N N N
p p p N c c N c
p p p N N N c c
p p p N N N N c
p p p N c N N N
c c c c c c c c
p10 c c p p1 0 p p p
p p c c c c p p
p c c p c c c p
p c c p c c c p
p p c p c c p p
p c c p c c c p
p p c c c c c p
p p c p c p c p
p p c p c p c p
Resolution No. 2018-13
Page 5 of 8
)arks and Recreation
-"!SCELLANEOUS
~nimal Boa rd i ng/Com mercia I
<ennel 13
~ssemblies 15 (Large: Circuses ,
=airs, etc.)
3ed and Breakfasts
:ab in Rentals
~emeteries
:ommunications Towers &
~ntenna(s), RadiorrV Transmitters/
~ell Sites** 28
~remato ries /Fune ral Homes
)ay Care Centers 12
)ormitories/Boarding Houses
:ssential Services
=arming/General Agriculture***
=raternal Organizations/ Private
:lubs/So cial Halls and Union Halls
3reenhousesrrree Nurseries13
3unsmithing , Taxidermy
fors ing , Convalescent or Rest
~omes
)arking , Public Lots 12
Jersonal Services25
~e crea tional Vehicle Parks
)ubsurface Extraction of Natural
~esources 16
)urface Extraction of Natural
~esources 17
N p c c 29 c c
c c c N c c
p c c N c c
N c c c c c
N c c N c N
p c c N c N
c p c N c c
N N c N c N
N c c c29 c c
N c c N c c
p p p p p p
N p p N N N
N N c N c c
N c c N c c
N N c N c c
N N c N c c
c c c N c c
N c c N c c
N c c N c N
c c c c c c
c c c N c N
c c p p p p p p p
N N c c c c N c N
c c p 15 p 15 p 15 p 15 p 15 c p
c c c c c c N p c
N N p p p c N p p
N N N c c c N c c
c c p p p p p c c
N c c c c c N c c
c c p p p c c c c
c p p 21 s c p p 23 c c
p p p p p p p p p
N N N N N p N p N
c c p p p c N c p
c c p p p c N c c
c c p p p p N c p
c c p p c c c c c
c c c c c c c c c
c c p p p p c c p
N c c c c c N c c
c c c c c c N c N
N c N c c c N c N
.. *See 42 USCA Sec. 2000cc (Religious Land Use and lnst1tut1onallzed Person s Act of 2000)
**See 42 Telecommunications Act of 1996, Sec. 704(a)
***See, however, the limitations imposed under KMC 3.10 .070
Footnotes:
1 Allowed as a secondary u se except on the ground floor of the part of the build ing fronting
on collector streets and major highways. Commercial or industrial which falls under the
landscaping/site plans requirements of KMC 14.2 5 shall includ e any secondary uses in the
landscaping and site plans.
2 One (1) single-famil y residence per parcel , which is part of the main building .
3 Allowed as a conditional use, subject to satisfying the following conditions:
a The usable area per dwelling unit shall be the same as that required for dwelling units
in the RS zone;
c p
c c
N p 15
c p
c p
N N
c c
c c
p p
c p
p p
N N
c p
c p
p p
c p
c c
P/c21 p
N c
N N
N N
Resolution No. 2018-13
Page 6 of 8
b The site square footage in area must be approved by the Commission;
c Yards around the site, off-street parking, and other development requ irements shall
be the same as for principal uses in the RR zone ;
d Water and sewer facilities shall meet the requirements of all applicable health
regulations;
e The proposed dwelling group will constitute a resident ial area of sustained desirability
and stability, will be in harmony with the character of the surrounding ne ighborhood,
and will not adversely affect surrounding property values;
f The buildings shall be used only for residential purposes and customary accessory
uses, such as garages, storage spaces, and recreational and community activities ;
g There shall be provided , as part of the proposed deve lopment, adequate recreation
areas to serve the needs of the anticipated population;
h The development shall not produce a volume of traffic in excess of the capacity for
which the access streets are designed ;
i The property adjacent to the proposed dwelling group will not be adverse ly affected .
4 See "Townhouses" section.
5 See "Mobile Homes" section .
6 Allowed as a conditional use , subject to "Mobile Homes" section and provided that any
mobile home park meets the minimum Federal Housing Authority requirements .
7 See "Planned Unit Residential Development" section .
8 Allowed as a conditional use, provided that the proposed location and the characterist ics
of the site will not destroy the residential character of the neighborhood.
9 Allowed as a conditional use, provided that all applicable safety and fire regulations are
met.
10 Provided that no part of any building is located nearer than thirty (30) feet to any adjoining
street or property line.
11 Allowed as a conditional use, provided that no part of any building is located nearer tha n
thirty (30) feet to any adjoining street or property line and provided further that the proposed
location and characteristics of the use will not adversely affect the commercial development
of the zone .
12 Allowed as a conditional use, provided that the following cond itions are met:
a The proposed location of the use and the size and characteristic of the s ite w ill
maximize its benefit to the public;
b Exits and entrances and off-street parking for the use are located to prevent traff ic
hazards on public streets .
13 Allowed as a conditional use , provided that setbacks, buffer strips, and other provisions
are adequate to assure that the use will not be a nuisance to surrounding properties. The
Commission shall specify the conditions necessary to fulfill this requirement. Animal boarding
and commercial kennels require a kennel license (see KMC Chapter 3 .15 ).
14 Allowed as a conditional use , provided that no indication of said use is evident from the
exterior of the mortuary.
15 Allowed, provided that the following conditions are met:
a An uncleared buffer strip of at least thirty (30) feet shall be provided between sa id use
and any adjoining property in a residential zone .
b Exits and entrances and off-street parking for the use shall be located to p revent traffic
hazards on the public streets.
16 See "Conditional Uses" section .
17 See "Conditional Use Permit for Surface Extraction of Natura l Resources" sect ion.
18 Conditional Use allowed only on privately held property: Not allowed on government
lands.
19 Reserved.
Resolution No. 2018-13
Page 7 of 8
20 The airport related uses allowed under this entry are aircraft approach and departure
zones pursuant to KMC 14 .20 .0?0(a), except that for properties contained inside the a irport
perimeter fence or having access to aircraft movement areas , taxiways or parking aprons,
FAA authorized uses are allowed .
21 Developments for use shall be the same as those listed in the "Development
Requirements Table" for the RU/TSH zones.
22 Allowed as a conditional use in conjunction with a permitted use in the ED zone:
For example, housing for teachers or students for a school in the zone.
23 Allowed as an accessory use in conjunction with a permitted use in the ED zone:
For example, a dormitory used to house students for a school or educational facility.
24 Retail businesses allowed as a secondary use in conjunction with the primary use (e .g.,
a gift shop or coffee shop within another business).
25 Art studios , barbers, beauticians , tattoo parlors , dressmakers, dry cleaners and self-
service laundries, fitness centers, photographic studios , tailors , tanning salons and massage
therapists .
26 Food services are allowed on a temporary or seasonal basis of not more than four (4)
months per year.
27 Personal services not set forth in the below matrix are conditional uses.
Limited Commercial Zone
Personal Services-Permitted(P) Conditional
Use(C)
Art Studios x
Barbers x
Beauticians x
Dressmakers x
Dry Cleaners x
Fitness Centers x
Massage Therapist x
Photographic Studios x
Self-Service Laundries x
Tailors x
Tanning Salons x
Tattoo Parlors x
28 Communications tower/antenna(s) allowed as a principal permitted (P) use if the
applicable conditions set forth in KMC 14 .20 .255 are met or a conditional use (C) if the
applicable conditions set forth in KMC 14.20 .255 and 14.20.150 are met.
29 Use allowed only for those parcels that abut the Kenai Spur Highway: The access
to any such parcel must be either from: (a) driveway access on the Kenai Spur Highway; or
(b) d riveway access from a dedicated right-of-way and that driveway access is not more than
two hundred seventy-five (275) feet as measured from the constructed centerline of the
Kenai Spur Highway to the center of the driveway access as shown on an as-built
drawing /survey of the parcel.
30 See Marijuana Regulations, KMC Section 14.20 .230 -Home Occupations, KMC Section
14 .20 .320 -Definitions, KMC Section 14 .20 .330 -Standards for Commercial Marijuana
Establishments .
Resolution No . 2018-13
Page 8 of 8
Section 2 . That a copy of this Resolution be forwarded to the City Council o f Ke nai upon passage .
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA
this9"dayofMay,2018. \ ~r-ruJ)tk
JeF , CHAIRPERSON
ATTEST: