ANCHORAGE, ALASKA AO No

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1 DRAFT -- Submitted by: Prepared by: Reviewed by: For reading: ANCHORAGE, ALASKA AO No. 0- Chair Gray-Jackson at the Request of the Mayor Office of Economic and Community Development Department of Law AN ORDINANCE OF THE ANCHORAGE MUNICIPAL ASSEMBLY AMENDING ANCHORAGE MUNICIPAL CODE (NEW CODE) SECTIONS.0.0 AND.0.0 AND ANCHORAGE MUNICIPAL CODE (OLD CODE) SECTION.0.0, TO MAKE MINOR MODIFICATIONS TO THE MARIJUANA LAND USE REGULATIONS AND TO GIVE VARIANCE AUTHORITY OVER TITLE SECTIONS RELATING TO MARIJUANA TO THE ASSEMBLY; AMENDING TITLE 0 TO DEFINE THAT MARIJUANA ESTABLISHMENTS ARE NOT ADULT- ORIENTED ESTABLISHMENTS; AND WAIVING PLANNING AND ZONING COMMISSION REVIEW. WHEREAS, the Assembly adopted AO 0-(S) to regulate commercial marijuana establishments in the Municipality of Anchorage and reserving all authority to approve new establishments to themselves; and WHEREAS, any variance request from the marijuana regulations would be heard by the Urban Design Commission in accordance with AMC chapter.0 and section.0.0; and WHEREAS, the Planning and Zoning Commission does not review commercial marijuana applications and has no involvement with any commercial marijuana review; and WHEREAS, since the adoption in February 0, application of the regulations to commercial marijuana applications has shown the need for minor modifications and adjustments; WHEREAS, this ordinance will not have significant economic effects; now, therefore, THE ANCHORAGE ASSEMBLY ORDAINS: Section. Anchorage Municipal Code section is hereby amended to Adult-oriented establishment license; physical layout of premises; conduct of business. A. Definitions.

2 AO regarding fixes to the marijuana land use regulations Page of For the purpose of this section, the following words and phrases shall have the meanings indicated in this subsection: Adult-oriented establishment, or adult business, shall include, but is not limited to, adult bookstores, adult motion picture theaters, adult mini-motion picture establishments, adult cabarets, physical culture studios, massage parlors, escort services, or similar type businesses where, by the nature of the business, minors under the age of are denied entry, or businesses which are prohibited by law from having minors or unaccompanied minors on the premises for reasons other than the existence of commercial marijuana or the sale of liquor. If a premises, whose primary business is overnight lodging, offers adult movies via a cable, closed circuit or pay per view system, in the absence of any other adult entertainment activities, the availability of such movies, does not render the business an adult-oriented establishment for the purposes of this section. (AO No. -(S-),, --; AO No. -(S),, --; AO No. 00-,, --0; AO No. 00-,, 0--0) Section. Anchorage Municipal Code section.0.00 is hereby amended to.0.00 Land Use Permits E. Improvements Associated With Land Use Permits. Purpose The purpose of this section is to determine what off-site public infrastructure improvements are reasonably necessary to serve a development, determine the portion of the demand for off-site public infrastructure improvement which is created by a development, and provide for dedications or improvements which are directly proportional to the development's demand for the public infrastructure improvements.. Improvements Required The issuance of a land use permit under this section for the construction of a residential, community, commercial, commercial marijuana, or industrial structure on a lot, shall be subject to the permit applicant providing the easements, dedications, and improvements required for a subdivision in the same improvement area under Chapter.0, Subdivision Standards. In applying the provisions of Chapter.0, Subdivision Standards, under this section, the term "lot" shall be substituted for the term "subdivision," the term "permit applicant" shall be substituted for the term "subdivider," and the term "building official" shall be substituted for the term "platting authority."

3 AO regarding fixes to the marijuana land use regulations Page of Section. Anchorage Municipal Code section.0.0 is hereby amended to.0.0 Marijuana Special Land Use Permit B. Applicability Land uses requiring a special land use permit for marijuana are identified in table.0-, Table of Allowed Uses, [TABLE.0-, TABLE OF ALLOWED ACCESSORY USES,] table.0-, Table of Allowed Uses (Girdwood), and [TABLE.0-, TABLE OF ACCESSORY USES (GIRDWOOD),] table.0-, Table of Allowed Uses (Chugiak-Eagle River)[, AND TABLE.0-, TABLE OF ACCESSORY USES (CHUGIAK-EAGLE RIVER)]. C. Application and Review Procedure. Application Submittal d. For marijuana retail sales establishments: i. Evidence of [A] neighborhood responsibility planning, as required in subsection.0.0b... Approval Criteria The assembly may approve a special land use permit for marijuana if, in the judgment of the assembly, the application[amendment] meets the following approval criteria: a. The proposed use is consistent with the comprehensive plan, all applicable provisions of this title, and applicable state regulations. h. The owner/operator of a marijuana retail establishment has meaningfully engaged in neighborhood responsibility planning with residents and other neighborhood businesses to mitigate concerns such as odor, parking, and security. Neighborhood responsibility planning guidelines are[may BE] included in AMC chapter.0.. Modifications a. Modifications to the licensed establishment for the following changes shall be provided to the director, who

4 AO regarding fixes to the marijuana land use regulations Page of shall provide a semi-yearly report to the assembly: i. The first change to the gross square footage of the licensed area of 0 percent or less. ii. A change in hours of operation. iii. Minor changes to the business operations, such as moving security camera locations or changing security companies, that do not affect compliance with the state and municipal laws and regulations in the judgment of the director and the municipal clerk. b. Modifications to the licensed establishment for the following changes shall be considered by the assembly on the consent agenda, although the assembly may require a public hearing at its discretion: i. Changes to the gross square footage of the licensed area of more than 0 percent. ii. Any second or subsequent changes to the gross square footage of any amount. iii. For manufacturing facilities, changes to the method(s) of processing, extracting, or manufacturing marijuana and/or marijuana products. iv. Any other change not listed in.a. above. c. After a public hearing with written (mailed), published, posted, and community council notice provided in accordance with subsection.0.00h., the assembly may, at any time, add, modify, or delete conditions placed on an approved special land use permit for marijuana. 0. Variances Notwithstanding AMC chapter.0 and section.0.0, variances from the provisions of section.0.0, Marijuana Establishments, shall be decided by the assembly. To approve a variance, the assembly shall find all of the following: a. Granting the variance does not violate state law or regulation. b. Granting the variance will not be detrimental to the public welfare or injurious to other property in the area.

5 AO regarding fixes to the marijuana land use regulations Page of c. The variance is necessary due to some particular condition of the property that is not present in most properties or for most similar applicants. d. The variance is the minimum variance necessary to allow reasonable use of the property. e. The hardship is not self-imposed, special conditions and circumstances do not result from the actions of the applicant, and such conditions and circumstances do not merely constitute inconvenience or an undesirable financial burden. (AO 0-(S), --) Section. Anchorage Municipal Code section.0.0 is hereby amended to.0.0 Marijuana Establishments A. Use-Specific Standards Applicable to All Marijuana Establishments. Separation from Protected Land Uses a. All marijuana establishments shall be located at least 00 feet away from the following uses except in zoning districts established for Chugiak-Eagle River in chapter.0, marijuana establishments shall be located at least,000 feet away from all the following uses, including the uses specific to Chugiak-Eagle River listed below: i. Boarding school. ii. College or university. iii. Elementary or middle school. iv. High school. v. Playground. vi. A housing facility owned by a public housing authority. vii. Child care center. viii. Homeless and transient shelter. ix. Habilitative care facility.

6 AO regarding fixes to the marijuana land use regulations Page of x. Dedicated parks in zoning districts established for Chugiak-Eagle River in chapter.0. xi. A residential district established for Chugiak-Eagle River in section xii. The Harry J. McDonald Memorial Center. b. All marijuana establishments shall be located at least 00 feet away from the following uses: i. Community centers. ii. Neighborhood recreation centers. iii. Religious assemblies. iv. Correctional institutions. v. Athletic fields. vi. Correctional community residential centers. c. All marijuana establishments shall be located at least 00 feet away from video arcades with at least 0 arcade machines. d. Except in zoning districts established for Chugiak-Eagle River in chapter.0 [(NEW CODE)], this distance shall be measured by the shortest practicable pedestrian route from the entrance to the proposed marijuana establishment to: i. [THE CLOSEST LOT LINE OF A SCHOOL, COMMUNITY CENTER, NEIGHBORHOOD RECREATION CENTER, CORRECTIONAL INSTITUTION; II.] The edge of a playground or athletic field (including abutting parking lots); and ii[i]. The closest lot line of any other use listed above. e. In zoning districts established for Chugiak-Eagle River in chapter.0, this distance shall be measured as the crow flies from the closest side of the proposed marijuana establishment to: i. [THE CLOSEST LOT LINE OF A SCHOOL, COMMUNITY CENTER, NEIGHBORHOOD

7 AO regarding fixes to the marijuana land use regulations Page of RECREATION CENTER, CORRECTIONAL INSTITUTION, OR RESIDENTIAL DISTRICT; II.] The edge of a playground or athletic field (including abutting parking lots); and ii[i]. The closest lot line of any other use listed above.. Prohibited with Residential A marijuana establishment shall not be allowed on a lot that contains a residential use other than a caretaker s residence. The caretaker s residence shall be inhabited by a person or persons associated with the marijuana establishment: a licensee, an affiliate, or an employee of the establishment.. Signs Signs shall comply with state regulations and chapter.. Signs for all marijuana establishments may only be placed in a window of the establishment or attached to the outside of the license premises. No temporary signs are permitted. B. Principal Uses. Marijuana Cultivation Facility a. Definition A facility that cultivates and harvests marijuana for transfer or sale to a marijuana manufacturing facility, a marijuana testing facility, or a marijuana retail sales establishment. b. Use-Specific Standards i. Marijuana plants shall not be visible from a public right-of-way. 0 ii. iii. iv. All cultivation facilities shall be organized in orderly rows compliant with all building and fire codes. Aisles between planting rows shall be included in the square footage under cultivation. Direct retail sales to the general public is prohibited. Marijuana cultivation facilities are permitted in the B- district when collocated with and attached to a marijuana retail sales establishment. The Assembly may allow the operation of a cultivation facility in the B- district if a complete application

8 AO regarding fixes to the marijuana land use regulations Page of for the collocated and attached retail sales establishment has been received by the municipality.. Marijuana Retail Sales Establishment b. Use-Specific Standards i. Establishments shall be closed to the public between the hours of midnight and :00 a.m. each day. ii. [SIGNS SHALL COMPLY WITH STATE REGULATION AND CHAPTER.. NO TEMPORARY SIGNS ARE PERMITTED. III.] Establishments shall not have accessory drivethroughs. iii[iv]. No outdoor storage or display of products is permitted. iv. Marijuana retail sales establishments are permitted in the - district when collocated with and attached to a marijuana cultivation facility or a marijuana manufacturing facility. v[i]. Assembly issuance of special land use permits for marijuana establishments and the related licensing and regulation of marijuana establishments under AMC title 0 require engagement by the community council. The owner/operator of a marijuana retail sales establishment is encouraged to engage in neighborhood responsibility planning with neighborhood residents and other businesses. Where available, this may be done in conjunction with the community council. A copy of an informal memorandum of understanding (mou) outlining the elements confirmed with the community council may be included with the application. In the absence of a mou, the applicant may include applicant's report on the status of community engagement efforts. (0-(S), --; AO 0-, --) Section. Anchorage Municipal Code section.0.00 is hereby amended to

9 AO regarding fixes to the marijuana land use regulations Page of Transportation and Connectivity E. Standards for Pedestrian Facilities. On-Site Pedestrian Connections a. Continuous Pedestrian Access Pedestrian walkways are intended to form a convenient on-site circulation system that minimizes conflict between pedestrians and traffic at all points of pedestrian access to on-site parking and building entrances. This subsection E.. does not apply to single- and two-family development, or to marijuana cultivation facility, marijuana manufacturing facility, industrial, and utility facility uses in the I-, I-, MC, and MI zoning districts. (AO 0-(S), --; AO 0-, --; AO No. 0-,, -- ; AO No. 0-00,, 0--) Section. Anchorage Municipal Code section.0.00 is hereby amended to.0.00 Neighborhood Protection Standards D. Residential Development Adjacent to Existing Nonresidential Use When a residential development is proposed adjacent to an existing commercial, commercial marijuana, or industrial use, the decisionmaking body may impose neighborhood protection standards, including but not limited to increased landscaping, traffic calming measures, and requiring the residential development to be configured and dwelling units located to minimize potential conflicts with or adverse impacts from the existing nonresidential development. Any required mitigation measures shall be installed and maintained by the residential development, not the existing commercial, commercial marijuana, or industrial use. (AO 0-(S), --) Section. Anchorage Municipal Code section.0.00 is hereby amended to.0.00 Landscaping, Screening, and Fences

10 AO regarding fixes to the marijuana land use regulations Page 0 of A. Purpose This section is intended to ensure that new landscaping and the retention of existing vegetation is an integral part of all development. It is also the intent of this section to provide flexible requirements that encourage and allow for creativity in landscape design. More specifically, these provisions are intended to:. Visually enhance industrial, commercial, commercial marijuana, community use, and residential development through retention of existing native or ornamental vegetation or through new landscaping improvements.. Integrate new or renovated development into the surrounding context of the community including its neighborhoods and street corridors.. Separate, screen, and buffer adjacent incompatible land uses through the use of landscape plantings, fencing, and other appropriate landscape architectural features.. Reduce and treat runoff of storm water to preserve the quality of local streams and water bodies.. Promote the use of existing vegetation and retention of trees, woodlands, habitat, and urban forest.. Reduce runoff and erosion, control dust, and preserve air and water quality.. Encourage use of native plants or provide landscaping that is compatible with the climate and natural setting of the municipality and can provide desired effects even during harsh urban and winter conditions. (AO 0-(S), --; AO 0-, --; AO No. 0-,, -- ) Section. Anchorage Municipal Code section.0.00, table.0-, is hereby amended to read as follows (the remainder of the section is not affected and therefore not set.0.00 Off-Street Parking and Loading D. Parking Lot Layout and Design Plan. Applicability For all commercial, commercial marijuana, mixed-use, industrial, community, multifamily, and townhouse residential

11 AO regarding fixes to the marijuana land use regulations Page of 0 developments, the applicant shall submit a parking facility layout, circulation, and design plan for review and approval by the traffic engineer. The plan shall contain sufficient detail to enable the traffic engineer and the director to verify compliance with this Section Subject to approval of the traffic engineer, the parking layout and design plan may be combined with other plans required under this title, such as the landscaping plan required in.0.00, Landscaping, Screening, and Fences. G. Off-Street Loading Requirements TABLE.0-: OFF-STREET LOADING BERTHS Use Visitor accommodations, animal sales and service, office, personal services, repair and rental uses Marijuana Uses Aggregate Gross Floor Area (square feet) or Number of Dwelling Units Berths Required Type,000--0,000 B 0,00--00,000 B Each additional 00,000 or fraction thereof additional B Marijuana cultivation facility,000-0,000 [SAME AS FOR GENERAL INDUSTRIAL USES] Each additional 0,000 or fraction thereof Marijuana manufacturing facility Same as for marijuana cultivation facility Marijuana retail facility Same as for general commercial establishments Industrial Uses B additional B 0 Light contractor and special trades, dry cleaning establishment Same as for general commercial establishments (AO 0-(S), --; AO 0-, --; AO No. 0-, (Att. B), -0-; AO No. 0-,, --; Ord. No. 0-00,, 0--) Section. Anchorage Municipal Code section..00 is hereby amended to..00 Characteristics of Use C. Bringing Characteristics Into Compliance

12 AO regarding fixes to the marijuana land use regulations Page of Applicability This section..00 applies to all multifamily, commercial, mixed-use, community use, commercial marijuana, and industrial development projects that: a. Do not comply with the district-specific standards of chapter.0, the use-specific standards of chapter.0, or the design and development standards of chapter.0 (except for subsection.0.00 B., stream, water body, and wetland protection); b. Involve a development project costing more than ten percent of the assessed value of the structure (or, if no structure over 0 square feet exists, the assessed value of the land); and c. Require a permit through title and/or title. (AO 0-(S), --; AO 0-, --; AO No. 0-,, -- ) Section 0. Anchorage Municipal Code section..00 is hereby amended to..00 Definitions When used in this title, the following words and terms shall have the meaning set forth in this section, unless other provisions of this title specifically indicate otherwise. Public facility Any buildings and structures (including streets and highways) owned or leased by a government agency not exempt by law from municipal land use regulation Public housing authority (as used in section.0.0, Marijuana Establishments) A HUD-identified public housing agency, which is any state, county, municipality, or other governmental entity or public body, or agency or instrumentality of these entities that is authorized to engage or assist in the development or operation of low-income housing under the U.S. Housing Act of. As used in this title, public housing authority does not include a tribal or Indian housing authority. Public utility Any person or organization subject to regulation under AS.0. Section. Anchorage Municipal Code (old code) section..00 is hereby

13 AO regarding fixes to the marijuana land use regulations Page of amended to read as follows (the remainder of the section is not affected and therefore not set..00 Approval of site plans and conditional uses. G. Modification of final approval.. The authority that approved a conditional use or site plan may, upon application by the petitioner, modify the conditional use or site plan: a. When changed conditions cause the conditional use or site plan no longer to conform to the standards for its approval. b. To implement a different development or operational plan conforming to the standards for its approval.. Upon the filing of an application for a modification of a conditional use and after a review of the application to determine that it is complete and meets the requirements of this title, the department staff shall place the requested modification on the consent agenda of either the planning and zoning commission or the assembly, as the case may be, for approval, denial, further inquiry, public hearing and, thereafter, action by the respective body. a. The planning and zoning commission or the Assembly, upon an express finding that the proposed modifications will have a significant effect on the surrounding neighborhood or on owners or occupiers of adjacent property that is the subject of the modification application, may determine that a public hearing is necessary. In such event the hearing shall be scheduled as soon as practicable after the matter first comes before the body for conclusion.. The modification application shall be considered as an application for final approval under subsection F of this section and therefore subject to the provisions of that section.[;]. The assembly may modify a conditional use permit that was approved by the assembly, provided a public hearing with notice required by section..00 is first held. (GAAB.0.00,.0.00; AO No. -; AO No. -; AO No. -; AO No. -; AO No. -(S); AO No. -; AO No. -0; AO No. - ; AO No. -; AO No. -, 0--; AO No. -; AO No. -; AO No. -, --; AO No. -(S); AO No. -,, --; AO No.

14 AO regarding fixes to the marijuana land use regulations Page of ,, --; AO No. 00-,, 0--0; AO No. 00-0(S),, 0--0; AO No. 00-,, --0; AO No. 00-0(S),, -0-0; AO No. 00-(S-),, --0) Section. Anchorage Municipal Code (old code) section.0.0 is hereby amended to read as follows (the remainder of the section is not affected and therefore not set.0.0 Conditional use standards Marijuana retail sales establishments. B. Conditional use permit required.. Notwithstanding the submittal requirements in section..00, applications for conditional use permit for a marijuana retail sales establishment shall contain the following: a. A site plan to scale and dimensioned, depicting the building footprint, parking areas, vehicle circulation and driveways, pedestrian facilities, lighting, landscaping, loading facilities, freestanding sign location(s), required open space, snow storage area or alternative strategy, trash receptacle location and screening detail, and fences. b. A security plan indicating how the applicant will comply with the requirements of municipal and state law and regulation. c. A waste disposal plan. d. Evidence of[a] neighborhood responsibility planning, as required in subsection C.[]. below. e. A copy of the application accepted by the state Marijuana Control Board.. Conditions of conditional use permits issued under this section are enforceable under the provisions of this title. The assembly may revoke a conditional use permit for failure to comply with conditions of the permit, provided a public hearing with notice to the owner affected is first held.. Notwithstanding section.0.0, the Assembly shall hear and decide applications for variances from the provisions of this section.0.0. To approve a variance, the assembly shall find all of the following:

15 AO regarding fixes to the marijuana land use regulations Page of a. Granting the variance does not violate state law or regulation. b. Granting the variance will not be detrimental to the public welfare or injurious to other property in the area. c. The variance is necessary due to some particular condition of the property that is not present in most properties or for most similar applicants. d. The variance is the minimum variance necessary to allow reasonable use of the property. e. The hardship is not self-imposed, special conditions and circumstances do not result from the actions of the applicant, and such conditions and circumstances do not merely constitute inconvenience or an undesirable financial burden C. Use-specific standards for marijuana retail sales establishments. All marijuana retail sales establishments shall meet the following standards:. Separation from protected land uses. d. This distance shall be measured by the shortest practicable pedestrian route from the entrance to the proposed marijuana establishment to: i. [THE CLOSEST LOT LINE OF A SCHOOL, COMMUNITY CENTER, NEIGHBORHOOD RECREATION CENTER, CORRECTIONAL INSTITUTION; II.] The edge of a playground or athletic field (including abutting parking lots); and ii[i]. The closest lot line of any other use listed above. (AO 0-(S), --) Section. Notwithstanding Anchorage Municipal Code subsections.0.0b.. and B.., this ordinance shall not require Planning and Zoning Commission review. Section. This ordinance shall be effective immediately upon passage and approval by the assembly. PASSED AND APPROVED by the Anchorage assembly this day of

16 AO regarding fixes to the marijuana land use regulations Page of 0, 0. ATTEST: Municipal Clerk Chair of the Assembly