HomeMy WebLinkAboutRes2024-016 Marijuana EstablishmentsSponsored by: Staff
Public Hearing: August 6, 2024
CITY OF SEWARD, ALASKA
PLANNING AND ZONING COMMISSION
RESOLUTION 2024-016
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF
THE CITY OF SEWARD, ALASKA, RECOMMENDING CITY COUNCIL
AMEND SEWARD CITY CODE 15.10.226 — LAND USES ALLOWED TO
STANDARDIZE LANGUAGE AND CLARIFY WHERE MARIJUANA
ESTALISHMENTS ARE ALLOWED IN EACH ZONING DISTRICT
WHEREAS, according to Seward City Code 15.01.035, the Planning and Zoning
Commission by its own motion may recommend amendments to Title 15 to City Council; and
WHEREAS, it is in the best interest of the community to periodically review and update
the city zoning code to reflect community changes and needs; and
WHEREAS, the Planning and Zoning Commission held work sessions on June 18 and
July 16, 2024 to review the regulations for marijuana establishments in city code; and
WHEREAS, during that work session the Commission agreed that the current language
and formatting regulating marijuana establishments in code was not clear nor easy to understand;
and
WHEREAS, the Commission recommended as a first step that city code be amended to
standardize the language and clarify where marijuana establishments are currently allowed to make
the current regulations for marijuana establishments easier to understand; and
WHEREAS, the Commission recommended that the language for marijuana
establishments be amended to conform with the language for other uses; and
WHEREAS, in the current Land Uses Allowed Table, marijuana establishments are
classified under general categories such as "commercial greenhouse", "business office", "business
retail sales and services" and "heavy and light manufacture"; and
WHEREAS, the Commission recommended that each of the specific marijuana
establishments currently listed in code be added to the Land Uses Allowed Table as their own
categories; and
WHEREAS, the zoning districts in which the various marijuana establishments are
allowed within the Land Uses Allowed Table remain in the same districts in which they were
allowed under the more general categories; and
PLANNING AND ZONING COMMISSION
RESOLUTION 2024-016
Page 2 of 2
WHEREAS, a retail marijuana store meeting all other criteria in the city code and in
Alaska Statutes and Administrative Codes is currently allowed outright in all the zoning districts
where a "business, retail sales and services" is allowed; and
WHEREAS, under the Alaska Statues and Administrative Codes, on -site marijuana
consumption is an endorsement to a retail marijuana store subject to approval by the Alcohol and
Marijuana Control Office; and
WHEREAS, the Commission recommended that a category for a retail marijuana store
with onsite consumption, both indoor and outdoor, be added to the Land Uses Allowed Table to
further clarify onsite consumption as a currently allowed use subject to an endorsement in the
zoning districts where a retail marijuana store is allowed; and
WHEREAS, the proposed changes to code do not change the current regulations for
marijuana establishments,
NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING
COMMISSION OF THE CITY OF SEWARD, ALASKA, that:
Section 1. The Planning and Zoning Commission recommends Ordinance 2024-XXX
attached and incorporated herein for reference, be forwarded to City Council for approval.
Section 2. This resolution shall take effect immediately upon adoption.
PASSED AND APPROVED by the Planning and Zoning Commission this 6th day of
August, 2024.
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
THE CITY OF SEWARD, ALASKA
Carol Griswold, Chair
Sullivan, Ulman, Charbonneau, Verhey, Hornseth, Hubbard, Griswold
None
None
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1
Planning and Zoning Agenda Statement
Meeting Date: August 6, 2024
To: Planning and Zoning Commission
Through: Daniel Meuninck, Community Development Director
From: Courtney Bringhurst, Planner
Subject: Resolution 2024-016: Recommending City Council Amend Seward City
Code 15.10.226 - Land Uses Allowed to Standardize Language and
Clarify Where Marijuana Establishments are Allowed in Each Zoning
District
Background and justification:
On June 18 and July 16, 2024 the Planning and Zoning Commission held a -work sessions to
discuss and review the regulations in Seward City Code regarding marijuana establishments.
Due to the comments received by the public, the Commission determined that the regulations
currently in code for marijuana establishments are not sufficiently clear. Prior to discussing and
potentially recommending any changes to the current regulations, the Commission
recommended that staff revise the formatting of the regulations to standardize the language and
clarify where marijuana establishments are currently allowed in each zoning district.
Code addresses marijuana establishments in Land Uses Allowed §15.10.226 (H). Within this
section, each type of marijuana establishment is listed as well as the specific requirements and
where the use is allowed in the Land Uses Allowed Table. The confusion is caused by the fact
that each type of marijuana establishment is classified under another land use type that is already
in the Table. For example, code states that "a retail marijuana store meeting all other criteria
in this Code and in Alaska Statutes and Administrative Codes is classified as a business - retail
sales and service use." So, to determine in which zoning districts a retail marijuana store is
allowed, one would need to look up `business - retail sales and service use' on the Land Uses
Allowed Table. Whatever zoning districts a `business - retail sales and service use' is allowed,
a retail marijuana store would also be allowed.
This format causes confusion as no other land uses are regulated in this way. Adding the various
marijuana establishments directly to the Land Uses Allowed Table as their own categories is a
much clearer way to present the information in code.
Creating standardized language and formatting that is easier to understand regarding marijuana
establishments will provide for better future discussions and potential recommendations to the
current regulations. No new regulations are being added in this Resolution and no regulations
are being removed.
9
The effect of this legislation would be to:
• Remove marijuana establishments from the current general categories in the Land Uses
Allowed Table
• Add each category of marijuana establishment to the Land Uses Allowed Table, and
retain the same zoning districts that were previously allowed under the more general
categories
• Add "onsite consumption" to the Land Uses Allowed Table as a use that is associated by
regulation with a retail marijuana store, subject to approval of an endorsement
Comprehensive and Strategic Plan Consistency Information
This legislation is consistent with (citation listed):
Comprehensive Plan: Vol 1, 2.2.8 "Continue to review and update the city code."
Vol 1, 3.2.1.1 "Manage land use to facilitate economic development while
maintaining the historic, small-town character of Seward."
Strategic Plan:
Other:
SCC 15.01.035(A) & SCC 15.01.035 (B)(1b.)
Recommendation
The public notice and public hearing process has been complied with as required by
15.01.035(C)(1) and 15.010.040. If the Commission is in favor of the proposed amendment, SCC
15.01.035 gives the Commission power to provide a recommendation to City Council to amend
Seward City Code 15.10.226 — Land Uses Allowed as outlined in the attached Ordinance 2024-
XXX.
10
Sponsored: Planning and Zoning
Introduction: September XX, 2024
Public Hearing: September XX, 2024
Enactment: September XX, 2024
CITY OF SEWARD, ALASKA
ORDINANCE 2024-XXX
AN ORDINANCE OF THE SEWARD CITY COUNCIL, AMENDING
SEWARD CITY CODE 15.10.226 — LAND USES ALLOWED TO
STANDARDIZE LANGUAGE AND CLARIFY WHERE MARIJUANA
ESTABLISHMENTS ARE ALLOWED IN EACH ZONING DISTRICT
WHEREAS, according to Seward City Code 15.01.035, the Planning and Zoning
Commission by its own motion may recommend amendments to Title 15 to City Council; and
WHEREAS, it is in the best interest of the community to periodically review and update
the city zoning code to reflect community changes and needs; and
WHEREAS, the Planning and Zoning Commission held work sessions on June 18 and
July 16, 2024, to review the regulations for marijuana establishments in city code; and
WHEREAS, during that work session the Commission agreed that the current language
and formatting regulating marijuana establishments in code was not clear nor easy to understand;
and
WHEREAS, the Commission recommended as a first step that city code be amended to
standardize the language and clarify where marijuana establishments are currently allowed to
make the current regulations for marijuana establishments easier to understand; and
WHEREAS, in the current Land Uses Allowed Table, marijuana establishments are
classified under general categories such as "commercial greenhouse", "business office",
"business retail sales and services" and "heavy and light manufacture"; and
WHEREAS, the Commission recommended that each of the specific marijuana
establishments currently listed in code be added to the Land Uses Allowed Table as their own
categories; and
WHEREAS, the zoning districts in which the various marijuana establishments are
allowed within the Land Uses Allowed Table remain in the same districts in which they were
allowed under the more general categories; and
WHEREAS, a retail marijuana store meeting all other criteria in the city code and in
Alaska Statutes and Administrative Codes is currently allowed outright in all the zoning districts
where a "business, retail sales and services" is allowed; and
13
CITY OF SEWARD, ALASKA
ORDINANCE 2024-XXX
WHEREAS, under the Alaska Statues and Administrative Codes, onsite marijuana
consumption is an endorsement to a retail marijuana store subject to approval by the Alcohol and
Marijuana Control Office; and
WHEREAS, the Commission recommended that a category for a retail marijuana store
with onsite consumption, both indoor and outdoor, be added to the Land Uses Allowed Table to
further clarify onsite consumption as a currently allowed use subject to an endorsement in the
zoning districts where a retail marijuana store is allowed; and
WHEREAS, the proposed changes to code do not change the current regulations for
marijuana establishments; and
WHEREAS, on August 6, 2024 the Planning and Zoning Commission approved
Resolution 2024-XXX recommending City Council amend Title 15.10.226, clarifying marijuana
establishments in the Land Uses Allowed Table.
NOW, THEREFORE, THE CITY OF SEWARD ORDAINS that:
Section 1. Seward City Code Title 15.10.226 Land Uses Allowed Table is hereby amended
to read as follows (new language is in bolded italics and underlined, and deleted language is
stricken):
H. Marijuana establishments as defined in section 15.10.140.B.55 are allowed in accordance
with table 15.10.226 of this chapter subject to the following:
1. The facility owner or operator has submitted a license application to the State of
Alaska for the corresponding type of marijuana establishment prior to operation, and
maintains a current license from the state at all times the facility is in operation.
2. Marijuana establishments shall not to be located within 500 feet of the entrance of any
building where religious ceremonies are regularly held, a correctional facility,
recreational facility or youth center licensed by the state or local government, or within
1,000 feet of any school. The distance specified in this subsection must be measured by
the shortest pedestrian route from the public entrance of the building in which the
licensed premises would be located to the outer parcel boundaries of the school,
recreation or youth facility or to the main public entrance of the building in which
religious services are regularly held, or the correctional facility. The burden of proof
demonstrating that the facility meets the required separation distances is the
responsibility of the marijuana establishment owner or operator.
3 All marijuana establishments shall meet all other criteria in this Code and in Alaska
Statutes and Administrative Codes.
14
CITY OF SEWARD, ALASKA
ORDINANCE 2024-XXX
3. In this title, standard or limited marijuana cultivation facility meeting all other criteria
in this Code and in Alaska Statutes and Administrative Codes are classified as a
Greenhouse(s)/Commercial, except that a limited marijuana cultivation facility as an
accessory use secondary to a residence may be classified as a Home Occupation use.
4. In this title, a marijuana testing facility meeting all other criteria in this Code and in
Alaska Statutes and Administrative Codes is classified as an Office Business or
Professional use.
5. In this title, a marijuana product manufacturing facility or a marijuana concentrate
manufacturing facility using hazardous materials in the manufacturing process and
meeting all other criteria in this Code and in Alaska Statutes and Administrative Codes
is classified as a Manufacturing Heavy use. Facilities not using hazardous materials
in the manufacturing process are classified as a Manufacturing, Light use.
b. In this title, a retail marijuana store meeting all other criteria in this Code and in Alaska
Statutes and Administrative Codes is classified as a Business Retail Sales and Service
TABLE
Zoning District Designations
The following zoning district abbreviations are provided for information and interpretation:
RR =
Rural, very low density single-family residential
R1 =
Single-family, low density residential
R2 =
Single and two-family, medium density residential
R3 =
Single, two and multi -family, high density residential
UR =
Urban residential, a mix of residential uses and low impact home professional
offices
OR =
Office residential
AC =
Auto and neighborhood oriented, light commercial
HC =
Harbor commercial
CB =
Central business district - dense downtown commercial
I =
Industrial
RM =
Resource management - partially developable lands subject to floodplains and
steep slopes
INS =
Institutional, public, quasi -public uses
P =
Parks
15
CITY OF SEWARD, ALASKA
ORDINANCE 2024-XXX
Table 15.10.226. Land Uses Allowed
Key:
O — Use Permitted Outright
H — Home Occupation
C — Use Requires Conditional Use Permit
P — Use Requires Administrative Permit
Blank — Use Prohibited
Zoning Districts
Principally Residential
Principally Commercial
Principally Public
Uses
RR
R1
R2
R3
UR
OR
AC
HC
CB
I
RM
INS
P
Accessory building
O
O
O
O
O
O
O
O
O
O
0
0
0
Adult entertainment
INTENTIONALLY LEFT BLANK
Agency, i.e., travel,
insurance, title, real
estate, etc.
O
O
O
O
O
Agriculture
0
Airport and related
services
0
C
Amusement or
recreation facility
0
0
0
Animal shelter
0
C
C
Antenna, personal
TV, satellite dish
O
O
O
O
O
O
O
O
O
O
0
0
Art gallery
O
O
O
O
O
Assemblages,
temporary large, i.e.,
circus, fair
PPPP
P
P
P
Attraction, permanent
major visitor
C
C
C
C
C
Auditorium
0
0
0
Auto repair, i.e.,
mechanic, glass
body, upholstery
C
0
Auto service/gas
station
0
0
0
16
CITY OF SEWARD, ALASKA
ORDINANCE 2024-XXX
Zoning Districts
Principally Residential
Principally Commercial
Principally Public
Uses
RR
R1
R2
R3
UR
OR
AC
HC
CB
I
RM
INS
P
Auto/RV sales and
rentals
0
0
0
Boat sales
0
0
0
Boat, commercial
building/fabrication
0
0
Boat, harbor/marina
C
C
C
C
C
Boat, repair and
maintenance
0
0
0
C
Boat, storage
commercial
0
0
0
C
Bulk material, i.e.,
concrete, gravel,
sand, asphalt
C
C
Business, marine
retail sales and
service
0
0
0
0
C
Business, package
liquor
0
0
0
Business, retail sales
and service
0
0
0
0
Business, retail sales
and service, industrial
0
Campground,
municipal
C/P
C/P
C/P
C/P
Campground, camper
park, private
C/P
C/P
C/P
Campground,
employee
C/P
Car/boat wash
0
0
0
Cemetery
0
C
0
Center,
community/civic
0
0
C
C
Center, mariner's
0
0
0
0
Center, senior or
teen
CC
C
0
0
C
C
Child care, licensed
center
CC
0
0
0
C
Child care, licensed
home
0
0
0
0
0
0
0
0
0
17
CITY OF SEWARD, ALASKA
ORDINANCE 2024-XXX
Zoning Districts
Principally Residential
Principally Commercial
Principally Public
Uses
RR
R1
R2
R3
UR
OR
AC
HC
CB
I
RM
INS
P
Church
C
C
C
C
C
C
O
O
O
0
Clinic, medical
O
O
O
O
0
Clubs,
fraternal/lodges/socia
1/ veterans
C
0
0
C
Cluster subdivision
INTENTIONALLY LEFT BLANK
Commercial
Communications
tower less than 16
feet diameter or 75
feet in height
CCCC
C
C
Commercial
Communications
tower 16 feet
diameter or greater
than 75 feet in height
C
C
C
Correctional/prison
facility
CC
C
C
Crematory
0
Docks/wharves,
industrial cargo
0
0
C
C
Dock, passenger
0
0
0
C
0
Drinking
establishment, i.e.,
bar, nightclub, lounge
C
C
C
Drive-in facility—
Fast food, banking,
etc.
CCCCC
Dwelling, apailment
in a commercial
building (limited to
one unit)
O
O
O
O
O
C
Dwelling, apartment
in a commercial
building (two or more
units)
0
0
C
C
Dwelling, apai tment,
efficiency or
accessory
0
0
0
0
0
0
0
18
CITY OF SEWARD, ALASKA
ORDINANCE 2024-XXX
Zoning Districts
Principally Residential
Principally Commercial
Principally Public
Uses
RR
R1
R2
R3
UR
OR
AC
HC
CB
I
RM
INS
P
Dwelling, apartment,
studio
CCCCC
C
Dwelling, attached
single-family, i.e.,
townhouse, row
CCCCCC
C
Dwelling,
condominium
CCCCCC
C
Dwelling, detached
single-family
0
0
0
0
0
0
0
C
C
Dwelling, group
home
O
O
O
O
O
O
C
Dwelling, guest
house
0
0
C
Dwelling, multi-
family (3 or more
units)
CCCCCC
C
Dwelling, two-
family or duplex
O
O
O
O
O
C
C
Dwelling, watchman
or caretaker
0
C
Emergency services,
pub/vol; i.e., fire,
ambulance, rescue
C
CC
C
C
C
0
C
00
C
0
Financial institution,
i.e., bank, S&L
C
0
0
Flea market, open air
retail other than
occasional
C
C
C
Fuels, bulk storage
and sales
C
Golf course
0
0
C
Golf driving range
0
0
0
0
C
Greenhouse/nursery
—Commercial
0
0
0
Grocery,
convenience store
CC
C
O
O
O
O
Grocery,
supermarket,
foodmart
0
0
Health club
C
C
O
O
O
19
CITY OF SEWARD, ALASKA
ORDINANCE 2024-XXX
Zoning Districts
Principally Residential
Principally Commercial
Principally Public
Uses
RR
RI
R2
R3
UR
OR
AC
HC
CB
I
RM
INS
P
Home occupation
O
O
O
O
O
O
O
O
O
0
Hospital
C
C
Housing, bunkhouse
C
C
C
Housing, dormitory
0
0
Housing, nursing,
retirement,
convalescent
C
C
C
Kennel, commercial,
musher or fancier
INTENTIONALLY LEFT BLANK
Laundry, dry
cleaning
O
C
00
Library
0
0
0
0
Livestock, excluding
chickens and rabbits
P
P
Livestock, chickens
and rabbits
PPPPPPP
P
P
Lodging, B&B
H/P
H/P
H/P
H/P
H/P
0/P
O/P
0/P
O/P
Lodging, hostel
PP
P
PPP
Lodging, hotel,
motel, lodge, inn
C
0
C
C
Lodging, short-term
rental
H/P
H/P
H/P
H/P
H/P
P
PP
P
Lumber
yard/building supply
C
0
C
Marijuana
O
O
O
establishment,
cultivation facility
Marijuana
HHHHHHHHH
H
establishment,
limited cultivation
facility
Marijuana
C
establishment,
product
manufacturing
facility (hazardous
materials)
20
CITY OF SEWARD, ALASKA
ORDINANCE 2024-XXX
Zoning Districts
Principally Residential
Principally Commercial
Principally Public
Uses
RR
R1
R2
R3
UR
OR
AC
HC
CB
I
RM
INS
P
Marijuana
C
C
O
establishment,
product
manufacturing
facility (non-
hazardous materials)
Marijuana
0
O
O
O
establishment, retail
store
Marijuana
O
O
O
O
establishment, retail
store with onsite
consumption
endorsement; indoor
Marijuana
O
0
O
O
establishment, retail
store with onsite
consumption
endorsement;
outdoor
Marijuana
O
O
O
O
0
establishment,
testinr facility
Manufacturing—
noxious, heavy
C
Manufacturing, light
fabrication, assembly
C
C
0
Merchant, transient
0
0
0
0
Mobile home park
C/P
Mobile home,
residential, not in
park
INTENTIONALLY LEFT BLANK
Mobile home sales
0
0
Mobile medical unit
0
0
0
Mobile vendor
PPP
P
PPP
PPP
P
Mortuary/funeral
home
0
0
0
Museum
C
O
O
O
O
0
21
CITY OF SEWARD, ALASKA
ORDINANCE 2024-XXX
Zoning Districts
Principally Residential
Principally Commercial
Principally Public
Uses
RR
R1
R2
R3
UR
OR
AC
HC
CB
I
RM
INS
P
Office, boat charter,
guide
0
0
0
0
0
C
Office, business or
professional
0
0
0
0
0
Office,
government/quasi-
government
administration
0
0
0
0
0
0
0
Office,
mobile/temporary on
construction site
PPPPPPPPPP
P
P
P
Office, home,
professional
0
0
0
0
0
Parking lot
C
C
0
0
0
0
0
0
0
0
Personal services,
i.e., beauty, shoe,
tailor
0
0
0
0
Planned unit
development
C
C
C
C
C
C
Playground, public
tot lot
0
0
0
0
0
0
0
0
0
0
0
Railroad
C
C
C
C
Recreation,
commercial indoor,
i.e., bowling, skating
0
0
0
C
Recreation, outdoor,
i.e., miniature golf
0
C
C
C
Recreation, shooting
range
C
C
C
Recycling center
C
C
0
C
Recycling, self-
service drop-off point
0
0
0
0
0
0
0
0
Rental, Long-term
0
0
0
0
0
0
0
0
0
0
C
C
Repair service, i.e.,
large appliance
C
C
0
Resource extraction,
commercial
subsurface, i.e.,
mining
C
C
C
22
CITY OF SEWARD, ALASKA
ORDINANCE 2024-XXX
Zoning Districts
Principally Residential
Principally Commercial
Principally Public
Uses
RR
R1
R2
R3
UR
OR
AC
HC
CB
I
RM
INS
P
Resource extraction,
commercial surface,
i.e., gravel
C
C
C
Resource extraction,
commercial timber
harvesting
C
C
Restaurant, food
service, catering,
brew pub
O
O
O
O
O
C
Rooming or
boarding house
O/P
O/P
O/P
O/P
Roving Vendor
PPPPPPPPPP
P
Salvage —auto,
wrecking, scrap,
junkyard
C
Sawmill or
lumbermill
C
C
School, college
C
C
C
School,
public/private
elementary/secondary
CCCCCCC
C
C
School, vocational
COO
C
0
C
Seafood processing,
i.e., canning,
rendering
C
C
C
C
Shop, i.e., welding,
sheetmetal, machine,
steel fab.
C
C
0
Shop, i.e., wood,
signs, cabinet,
upholstery
CC
O
C
0
Shopping center
(mall)
C
C
Solid waste disposal,
i.e., baler, transfer,
landfill
C
C
C
Storage, container
PP
P
PO
P
Storage, explosives
P
23
CITY OF SEWARD, ALASKA
ORDINANCE 2024-XXX
Zoning Districts
Principally Residential
Principally Commercial
Principally Public
Uses
RR
R1
R2
R3
UR
OR
AC
HC
CB
I
RM
INS
P
Storage, outdoor,
yard,
material/equipment
C
0
0
C
Storage, self service
0
0
0
0
Storage, warehouse
and distribution
0
0
0
C
C
Studio,
radio/television
C
0
0
0
0
C
Tanks, aboveground
associated with
service station
C
C
0
Taxidermy
O
O
O
O
O
Terminal, i.e., bus,
truck, freight
0
C
0
C
Terminal,
marine/boat
passenger
O
C
0
0
C
Theater, concert,
movie
0
0
Tool/equipment
rental
0
0
Temporary structure
P
P
P
PP
P
P
P
PP
Utility facility,
public electric, water,
sewer, etc.
C
C
C
C
C
C
O
O
O
O
0
0
Vehicle impound lot
0
0
Vending machine
repair, storage
0
0
C
Veterinary hospital
C
C
C
Section 3. This ordinance shall take effect immediately upon adoption.
ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA the
23rd day of September, 2024.
THE CITY OF SEWARD, ALASKA
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CITY OF SEWARD, ALASKA
ORDINANCE 2024-XXX
Sue McClure, Mayor
AYES:
NOES:
ABSENT:
ABSTAIN:
VACANT:
ATTEST:
Kris Peck
City Clerk
(City Seal)
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