HomeMy WebLinkAboutResolution No. PZ2019-29CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ2019 - 29
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI
RECOMMENDING THE COUNCIL OF THE CITY OF KENAI AMEND KENAI MUNICIPAL CODE,
14.20.330 - STANDARDS FOR COMMERCIAL MARIJUANA ESTABLISHMENTS, TO
INCORPORATE HOURS OF OPERATION FOR RETAIL MARIJUANA ESTABLISHMENTS
INTO THE CITY OF KENAVS CODE OF ORDINANCES.
WHEREAS, Kenai Municipal Code 14.05.010 states the City of Kenai Planning and Zoning
Commission will act in an advisory capacity to the Kenai City Council regarding the Kenai Zoning
Code; and,
WHEREAS, on November 4, 2014, the Alaskan voters passed Ballot Measure 2, an Act to Tax
and Regulate the Production, Sale and Use of Marijuana and Marijuana Local Option Laws are
found in Title 17.38 of Alaska Statutes and Title 3 of the Alaska Administrative Code; and,
WHEREAS, on January 20, 2016 the City of Kenai enacted regulations governing commercial
marijuana establishments in the City; and,
WHEREAS, the hours of operation limitations on retail marijuana stores would not unreasonably
limit the potential commercial activity of retail marijuana store businesses within the City of Kenai
and are not any more restrictive than those of adjacent jurisdictions; and,
WHEREAS, setting a standard limitation on hours of operation for all retail marijuana stores in the
City will ensure the businesses are compatible with surrounding uses; and,
WHEREAS, setting the hours of closure between 2:00 a.m. and 8:00 a.m. is consistent with Kenai
Peninsula Borough Ordinances; and,
WHEREAS, the City of Kenai Planning and Zoning Commission conducted a duly advertised
public hearing regarding Resolution PZ2019-29 on August 14, 2019.
NOW, THEREFORE, BE IT RECOMMENDED BY THE PLANNING AND ZONING COMMISSION
OF THE CITY OF KENAI, ALASKA:
Section 1. That the Kenai City Council amend Kenai Municipal Code 14.20.330 — Standards
for Commercial Marijuana Establishments, to incorporate hours of operation for retail marijuana
stores through a public hearing process as follows:
14.20.330 Standards for commercial marijuana establishments.
The purpose of this section is to establish general standards for commercial
marijuana establishments.
Resolution No. PZ2019-29
Page 2 of 3
(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 nonrigid 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 shall 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 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, or a substance
abuse treatment facility providing substance abuse treatment.
Resolution No. PZ2019-29
Page 3 of 3
(g) As provided in the Land Use Table, 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.
8:00 a.m. each day.
Section 2. That a copy of Resolution PZ2019-29 be forwarded to the Kenai City Council.
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA,
this 14th day of August, 2019. 4
AIT, CHAIRPERSON
ATTEST:
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