HomeMy WebLinkAboutOrdinance No. 3363-2023Sponsored by: Council Members Douthit and Baisden
KPNZ A
CITY OF KENAI
ORDINANCE NO. 3363-2023
AN ORDINANCE AMENDING KENAI MUNICIPAL CODE SECTIONS 14.20.330 - STANDARDS FOR
COMMERCIAL MARIJUANA ESTABLISHMENTS, AND 14.22.010 - LAND USE TABLE, TO
ESTABLISH A MINIMUM STANDARD FOR PUBLIC NOTIFICATION FOR COMMERCIAL MARIJUANA
ESTABLISHMENTS AND PROHIBIT LIMITED MARIJUANA CULTIVATION FACILITIES IN
RESIDENTIAL ZONING DISTRICTS.
WHEREAS, property owner notification for proposed commercial marijuana establishments are mailed
to all property owners within a five hundred (500) foot periphery of the parcel affected by the proposed
action; and,
WHEREAS, a limited marijuana cultivation facility is permitted with a Conditional Use Permit in the Rural
Residential (RR), Rural Residential 1 (RR-1), Suburban Residential (RS), Suburban Residential 1 (RS-
1), Suburban Residential 2 (RS-2), Urban Residential (RU), General Commercial (CG), Light Industrial
(IL), Heavy Industrial (IH), and Limited Commercial (LC) zoning districts; and,
WHEREAS, residents have expressed concerns with the proximity of commercial marijuana cultivation
facilities near residential neighborhoods and not receiving notices of proposed commercial marijuana
cultivation facilities nearby their residence; and,
WHEREAS, the prohibition of limited marijuana cultivation facilities in residential zoning districts will
preserve and protect the intent of the residential zoning districts and ensure consistency with the Kenai
Municipal Code Section 14.20.230 - Home Occupations, which prohibits commercial marijuana
establishments as a home occupation; and,
WHEREAS, establishing a minimum number of property owners to be notified of proposed commercial
marijuana cultivation facility would increase the noticing area and address noticing concerns; and,
WHEREAS, at its meeting on June 28, 2023, the Planning and Zoning Commission recommended the
City Council enact this Ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, AS
FOLLOWS:
Section 1. Amendment of Subsection 14.20.330(c) of Kenai Municipal Code: That Kenai Municipal
Code, Section 14.20.330(c), Standards for commercial marijuana establishments, is hereby amended as
follows:
14.20.330(c) Standards for commercial marijuana establishments.
(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 •.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. The notice periphery will be
expanded until a minimum of thirty (30) different property owners are available for notification.
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Ordinance No. 3363-2023
Page 2 of 9
Section 2. Amendment of Section 14.22.010 of Kenai Municipal Code: That Kenai Municipal Code,
Section 14.22.010 is hereby amended as follows:
14.22.010 Land use table.
LAND USE TABLE
KEY: P = Principal Permitted Use
C = Conditional Use
S = Secondary Use
N = Not Permitted
NOTE: Reference footnotes
on following pages for
additional restrictions
ZONING DISTRICTS
LAND USES
a
V
it
1z
R
(h
N
R
v
U
=
—
w
m
H
v
RESIDENTIAL
One -Family Dwelling
N
C18
P
P
P
P
P
P
P21
S1
S2
S2
C22
P
P
P
S1/
C21
Two-, Three -Family
N
C18
P
P
P
P
P
P
p21
S1
C
C
C22
P
P
P
S1/
Dwelling
C21
Four -Family Dwelling
N
C18
P
C3.
P
N
N
P
P21
S1
C
C
C22
N
P
C
S1/
29
C21
Five-, Six -Family
N
C18
C3
N
P
N
N
P
P21
S1
C
C
N
N
P
C
S7/
Dwelling
C21
Seven- or More Family
N
C18
C3
N
C3
N
N
P
P21
S1
C
C
N
N
P
C
S1/
Dwelling
C21
Mobile Home Parks6
N
N
C
N
C
C
C
C
C
C
C
C
N
C
N
N
C
Planned Unit Residential
N
C18
C
C29
C
C
C
C
C
C
C
C
N
C
C
C
C
Development'
Townhouses4
N
C18
C3
C3'
C3
C3
C3
C3
C
C
`+
C
C22
C
C
C
C
29
Accessory Building on
N
N
C
C
C
C
C
C
N
N
N
N
N
N
C
N
N
Parcel Without Main
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Ordinance No. 3363-2023
Page 3 of 9
Building or Use (See
KMC 1'i.4U.4UU)
COMMERCIAL
Airport Compatible Uses
P
N
N
N
N
N
N
N
C
C
C
C
N
N
N
C
C
Adult Businesses
N
N
N
N
N
N
N
N
P3'
P3'
P3'
P3,
N
N
N
N
N
Automotive Sales
C
N
C
N
N
N
N
C
P
P
P
P
N
N
N
N
P
Automotive Service
Stations
C
N
C
N
N
N
N
C
P
P
P
P
N
C
N
N
P
Banks
C
N
C
N
C
N
N
C
P
P
P
C
N
C
C
C
P
Business/Consumer
Services
C
N
C
C
C
N
N
C
P
P
P
C
N
C
C
C
P
Commercial Recreation
N
N
C
N
C
N
N
C
P
P
C
C
N
P
C
C
P
Guide Service
C
N
C
N
C
N
N
C
P
P
P
P
N
P
P
C
P
Hotels/Motels
C
N
C
N
C
N
N
C
P
P
P
C
N
C
P
C
P
Lodge
C
N
C
N
C
N
N
C
P
P
P
C
N
P
P
C
P
Marijuana Cultivation
Facility, Limited30
N
N
[C]
N
[C]
N
[C]
N
[C]
N
[C]
N
[C]
N
N
C
C
C
N
N
N
C
N
Marijuana Cultivation
Facility, Standard30
N
N
N
N
N
N
N
N
N
C
C
C
N
N
N
C
N
Marijuana Product
Manufacturing Facility30
N
N
N
N
N
N
N
N
N
C
C
C
N
N
N
N
N
Marijuana Testing
Facility3o
N
N
N
N
N
N
N
N
C
C
P
P
N
N
N
C
C
Professional Offices
C
N
C
C
C
N
N
P
P
P
P
P
N
C
P
P
P
Restaurants
C
N
C
N
C
N
N
C
P
P
P
C
N
C
C
C
P
Retail Business
C
N26
C
N
C
N
N
C
P
P
P
P
Sea
S24
C
C
P
Retail Marijuana Store30
N
N
N
N
N
N
N
N
N
C
C
C
N
N
N
C
C
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Ordinance No. 3363-2023
Page 4 of 9
Theaters
N
N
C
N
C
N
N
C
P
P
C
C
N
P
C
C
P
Wholesale Business
C
N
C
N
C
N
N
C
C
P
P
P
N
S24
C
C
N
INDUSTRIAL
Airports
C
P20
C
N
C
N
N
C
C
C
C
C
N
C
N
N
C
Necessary Aviation
Facilities
P
P
C
C
C
C
C
C
P
P
P
P
C
P
C
P
P
Automotive Repair
P
N
C
N
C
N
N
C
P
P
P
P
N
N
N
N
P
Gas
Manufacturer/Storage
C9
N
N
N
C
N
N
N
N
N
C9
C9
N
N
N
N
N
Manufacturing/Fabricatin
g/Assembly
P
N
C
N
C
N
N
C
C
P
P
P
N
C
C
N
C
Mini -Storage Facility
C
N
C
N
C
N
N
C
C
P
P
P
N
N
N
C
C
Storage Yard
C
N
C
N
C
N
N
C
C
P
P
P
N
N
N
N
C
Warehouses
C
N
C
N
C
N
N
C
N
P
P
P
N
C
N
N
N
PUBLIC/
INSTITUTIONAL
Assisted Living
N
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
Churches*
N
C
P10
P10
P10
P10
P10
P10
P10
P10
C
C
P
P10
P
P
P
Clinics
N
C
C
N
C
C
C
C
P
P
P
C
C
C
C
P
P
Colleges*
N
C
C
C29
C
C
C
C
P
P
C
C
P
C
C
C
P
Elementary Schools*
N
C
C
C29
C
C
C
C
P
P
C
C
P
C
C
C
P
Governmental Buildings
P
C
C
C29
C
C
C
C
P
P
P
C
P
C
C
P
P
High Schools*
N
C
C
C29
C
C
C
C
P
P
C
C
P
C
C
C
P
Hospitals*
,N
C
C
N
C
C
C
C
P
P
P
C
C
C
C
C
P
Libraries*
N
C
C
C29
C
C
C
C12
P
P
P
C
P
C
P
C
P
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Ordinance No. 3363-2023
Page 5 of 9
Museums
C
C
C
C29
C
C
C
C
P
P
P
C
P
C
P
C
P
Parks and Recreation
N
P
C
C29
C
C
C
C
P
P
P
P
P
P
P
C
P
MISCELLANEOUS
Animal
C
C
C
N
C
C
N
N
C
C
C
C
N
C
N
C
C
Boarding/Commercial
Kennel13
Assemblies75 (Large:
P
C
C
N
C
C
C
C
P15
P15
P15
P15
P15
C
P
N
P15
Circuses, Fairs, etc.)
Bed and Breakfasts
N
C
C
C
C
C
C
C
C
C
C
C
N
P
C
C
P
Cabin Rentals
N
C
C
N
C
N
N
N
P
P
P
C
N
P
P
C
P
Cemeteries
P
C
C
N
C
N
N
N
N
C
C
C
N
C
C
N
N
Communications Towers
C
P
C
N
C
C
C
C
P
P
P
P
P
C
C
C
C
and Antenna(s),
Radio/TV
Transmitters/Cell Sites**
28
Crematories/Funeral
N
N
C
N
C
N
N
C
C
C
C
C
N
C
C
C
C
Homes
Day Care Centers12
N
ET
C
C29
C
C
C
C
P
P
P
C
C
C
C
P
P
Dormitories/Boarding
N
C
C
N
C
C
C
P
Pet
S
C
P
P23
C
C
C
P
Houses
Essential Services
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
Farming/General
N
P
P
N
N
N
N
N
N
N
N
P
N
P
N
N
N
Agriculture***
Fraternal Organizations/
N
N
C
N
C
C
C
C
P
P
P
C
N
C
P
C
P
Private Clubs/Social
Halls and Union Halls
Greenhouses/Tree
N
C
C
N
C
C
C
C
P
P
P
C
N
C
C
C
P
Nurseries13
Gunsmithing, Taxidermy
N
N
C
C
C
C
C
C
P
P
P
P
N
C
P
P
P
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Ordinance No. 3363-2023
Page 6 of 9
Nursing, Convalescent or
N
N
C
N
C
C
C
C
P
P
C
C
C
C
C
C
P
Rest Homes
I
Parking, Public Lots12
C
C
C
N
C
C
C
C
C
C
C
C
C
C
C
C
C
Personal Services25
N
C
C
N
C
C
C
C
P
P
P
P
C
C
P
P/
P
C27
Recreational Vehicle
N
C
C
N
C
N
N
C
C
C
C
C
N
C
C
N
C
Parks
Subsurface Extraction of
C
C
C
C
C
C
C
C
C
C
C
C
N
C
N
N
N
Natural Resources16
Surface Extraction of
C
C
C
N
C
N
N
C
N
C
C
C
N
C
N
N
N
Natural Resources17
* See 42 USCA Sec. 2000cc (Religious Land Use and Institutionalized Persons Act of 2000)
** See 42 Telecommunications Act of 1996, Sec. 704(a)
*** See, however, the limitations imposed under KMC J.U, u
Footnotes:
1 Allowed as a secondary use except on the ground floor of the part of the building fronting on collector
streets and major highways. Commercial or industrial which falls under the landscaping/site plans
requirements of KMC Chapter 14.25 shall include any secondary uses in the landscaping and site
plans.
2 One (1) single-family 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;
b The site square footage in area must be approved by the Commission;
c Yards around the site, off-street parking, and other development requirements 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 residential area of sustained desirability and
stability, will be in harmony with the character of the surrounding neighborhood, 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 development, adequate recreation areas to serve
the needs of the anticipated population;
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Ordinance No. 3363-2023
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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 adversely 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 characteristics 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 than 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 conditions are met:
a The proposed location of the use and the size and characteristics of the site will maximize its
benefit to the public;
b Exits and entrances and off-street parking for the use are located to prevent traffic 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 Ll 5).
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 said use and any
adjoining property in a residential zone.
b Exits and entrances and off-street parking for the use shall be located to prevent traffic hazards
on the public streets.
16 See "Conditional Uses" section.
17 See "Conditional Use Permit for Surface Extraction of Natural Resources" section.
18 Conditional use allowed only on privately held property. Not allowed on government lands.
19 Reserved.
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Ordinance No. 3363-2023
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20 The airport -related uses allowed under this entry are aircraft approach and departure zones
pursuant to KMC . , except that for properties contained inside the airport 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
f
I
X
Tailors
X
Tanning Salons
X
Tattoo Parlors
X
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Ordinance No. 3363-2023
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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 14.20.150 and 14.20.255 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) driveway 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 14.20.230—Home Occupations, 14.20.320—Definitions,
14.20.330—Standards for commercial marijuana establishments.
31 See KMC 14.20.175—Adult businesses; no adult business may be located within one thousand
(1,000) feet of another adult business, or sensitive use. "Sensitive use" means a church or other
place of worship, a public or private school (licensed pre-K through twelfth grade) or businesses
where or areas where youth are likely to be present (limited to public parks, youth recreational
centers, public playgrounds, public libraries).
Section 3. SeverabiliL. 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 4. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect 30 days
after enactment.
ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THIS 5T" DAY OF JULY, 2023.
ATTEST:
Michelle Saner, MC, City Clerk
Brian Gabriel Sr., Mayor
Introduced:
Enacted:
Effective:
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June 21, 2023
July 5, 2023
August 4, 2023
Kk NAI
_...enai 1 210 Fidalgo Ave, Kenai, AK 99611-7794 1907.283.7535 1 wwwkenaixity
MEMORANDUM
TO: Mayor Gabriel and Council Members
FROM: Council Members Alex Douthit and James Baisden
DATE: June 13, 2023
SUBJECT: Ordinance No. 3363-2023 Amending KMC Sections 14.20.330 and
14.22.010-Standards for Commercial Marijuana Establishments and
Land Use Table
The Ordinance addresses proposed changes to KMC Sections 14.20.330 and 14.22.010 that
establishes a minimum standard for public notification for commercial marijuana establishments
and prohibit limited marijuana cultivation facilities in residential zoning districts. Under the current
ordinance, property owner notification for a proposed commercial marijuana establishments is
mailed to all property owners within five hundred (500) foot periphery of the parcel affected by the
proposed action. In addition, a limited marijuana cultivation facility is permitted with a Conditional
Use Permit in the Rural Residential (RR), Rural Residential 1 (RR-1), Suburban Residential (RS),
Suburban Residential 1 (RS-1), Suburban Residential 2 (RS-2), Urban Residential (RU), General
Commercial (CG), Light Industrial (IL), Heavy Industrial (IH), and Limited Commercial (LC) zoning
districts. Residents have expressed concerns with the proximity of commercial marijuana
cultivation facilities near residential neighborhoods and not receiving notices of proposed
commercial marijuana cultivation facilities nearby their residence.
The prohibition of limited marijuana cultivation facilities in residential zoning districts will preserve
and protect the intent of the residential zoning districts and ensure consistency with the Kenai
Municipal Code Section 14.20.230 - Home Occupations, which prohibits commercial marijuana
establishments as a home occupation. The establishment of a minimum of 30 different property
owners to be notified of proposed commercial marijuana cultivation facility will increase the
noticing area and address noticing concerns.
Your consideration is appreciated.
KFN4tI
City of Kenai 1 210 Fidalgo Ave, Kenai, AK 99611-7794 1 907.283.75351 www.kenaixity
MEMORANDUM
TO: Mayor Gabriel and Council Members
THROUGH: Terry Eubank, City Manager
FROM: Linda Mitchell, Planning Director
DATE: June 29, 2023
SUBJECT: Ordinance 3363-2023 Requested Amendment
The purpose of this memo is to request an amendment to Ordinance 3363-2023.
At the regularly scheduled Planning and Zoning Commission meeting of June 28, 2023, the
Commission voted to recommend that the City Council enact Ordinance 3363-2023.
The following amendment is respectfully requested:
Motion
Add a sixth Whereas that reads:
WHEREAS, at its meeting on June 28, 2023, the Planning and Zoning Commission
recommended the City Council enact this Ordinance.
Thank you for your consideration.
K ir N
City of Kenai 1 210 Fidalgo Ave, Kenai, AK 99611-77941 907.283.7535 1 wwwkenaixity
MEMORANDUM
TO: Mayor Gabriel and Council Members
FROM: Henry Knackstedt, Council Member
DATE: July 5, 2023
SUBJECT: Ordinance 3363-2023 Requested Amendment
Ordinance 3363-2023, an amendment to KMC Section 14.20.330(c) to establish a minimum
standard for public notification for commercial marijuana establishments should be clearly defined
that the property owner(s) of at least 30 properties will be notified since there may be multiple
property owners for a property.
The following amendment is respectfully requested.
Motion
Amend Section 1, paragraph c as follows:
(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
,4.20.28U, 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. [THE NOTICE AREA WILL BE EXPANDED UNTIL A
MINIMUM OF THIRTY (30) DIFFERENT PROPERTIES OWNERS ARE AVAILABLE FOR
NOTIFICATION.] The notice periphery will be expanded until a minimum of thirty 30
properties are available for notification.
Thank you for your consideration.