ANCHORAGE, ALASKA AO No

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1 Municipal Clerk's Office Approved Date: //0 ANCHORAGE, ALASKA AO No. 0- Submitted by: Assembly Members Weddleton, Demboski, Petersen, and Vice- Chair Traini Prepared by: Office of Economic and Community Development Reviewed by: Department of Law For reading: March, 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, 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, but the Urban Design Commission has no experience or other involvement in any commercial marijuana review; 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 0- regarding 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 sale of liquor, or because the premises is a licensed marijuana establishment. 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, table.0- is hereby amended to read as follows: In the first column of table.0-, replace Marijuana Special Land Use Permit with Marijuana Special Land Use Permit and associated variances. In the first column of table.0-, make the following change: Variances from the district-specific standards of.0, Zoning Districts;.0.00, Zoning Districts;.0.00, Zoning Districts. the use-specific standards of.0, Use Regulations (except subsection.0.00k., Telecommunication Facilities, and section.0.0, Marijuana Establishments);.0.00, Use Regulations;.0.00, Use Regulations..0, Development and Design Standards (except.0.00c., Steep Slope Development,.0.00, Utility Distribution Facilities, and.0.00, Transportation and Connectivity); Those subsections of section.0.00, Site Development and Design Standards, not reserved to the platting authority or the zoning board of examiners and appeals;.0.00, Building Design Standards;.0.00, Development and Design Standards (except.0.00b., Transportation and Connectivity);., Signs (AO 0-(S), --; AO 0-, --; AO No. 0-,, --; AO No. 0-(S),, --) 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

3 AO 0- regarding marijuana land use regulations Page of therefore not set.0.00 Urban Design Commission A. Decision-Making Authority The urban design commission has decision-making authority over the following:. Variances from: a. The district-specific standards of chapter.0, Zoning Districts, section.0.00, Zoning Districts, and section.0.00, Zoning Districts; b. The use-specific standards of chapter.0, Use Regulations (except subsection.0.00k., Telecommunication Facilities, and section.0.0, Marijuana Establishments), section.0.00, Use Regulations, and section.0.00, Use Regulations; c. Chapter.0, Development and Design Standards (except subsections.0.00c., Steep Slope Development,.0.00, Utility Distribution Facilities, and.0.00, Transportation and Connectivity); (AO 0-(S), --; AO 0-, --; AO No. 0-,, - - ) Section. Anchorage Municipal Code section.0.00 is hereby amended to.0.00 Assembly A. Decision-Making Authority The assembly has the following decision-making authority under this title:. Special land use permit for marijuana and associated variances from AMC section.0.0 (.0.0); (AO 0-(S), --; AO No. 0-(S),, --) Section. Anchorage Municipal Code section.0.00 is hereby amended to

4 AO 0- regarding marijuana land use regulations Page of 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." (AO 0-(S), --; AO 0-, --; AO No. 0-0(S),, --) 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)].

5 AO 0- regarding marijuana land use regulations Page of 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 submitted by the licensee for the following changes shall be considered by the assembly after a public hearing noticed in accordance with subsection.0.00h.: b. Modifications to the licensed establishment submitted by the licensee for all other changes shall be considered by the director, although the director may require a proposed change to be brought to the assembly if the director determines the proposed change is significant and warrants assembly consideration. Upon denial by the director, a licensee may request that the director s decision be vacated and the unchanged modification application be considered de novo by the assembly.

6 AO 0- regarding marijuana land use regulations Page of The director shall provide a quarterly report to the assembly regarding changes requested and approved. c. At any time, after a public hearing with written, published, and community council notice in accordance with subsection.0.00h., the assembly may modify an approved special land use permit for marijuana, if the assembly finds such modification necessary to meet the approval criteria of subsection C.. above.. 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 as part of an application for a special land use permit for marijuana. To approve a variance, the assembly shall consider 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. 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 Variances. The urban design commission shall be authorized to review and decide all requests for variances to standards of the following sections:

7 AO 0- regarding marijuana land use regulations Page of a. District-specific standards of chapter.0, Zoning Districts, section.0.00, Zoning Districts (Girdwood), and section.0.00, Zoning Districts (Chugiak-Eagle River); b. Use-specific standards of chapter.0, Use Regulations (except subsection.0.00k., Telecommunication Facilities, and section.0.0, Marijuana Establishments), section.0.00, Use Regulations, and section.0.00, Use Regulations; c. Chapter.0, Development and Design Standards (except subsections.0.00c., Steep Slope Development,.0.00, Utility Distribution Facilities, and.0.00, Transportation and Connectivity); (AO 0-(S), --; AO 0-, --; AO No. 0-, 0, -- ; AO No. 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. 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

8 AO 0- regarding marijuana land use regulations Page of 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. 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 iii. Direct retail sales to the general public is prohibited. iv. 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 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.

9 AO 0- regarding marijuana land use regulations Page of 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.0.00 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 singleand 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 0. Anchorage Municipal Code section.0.00 is hereby amended to

10 AO 0- regarding marijuana land use regulations Page 0 of 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 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,

11 AO 0- regarding marijuana land use regulations Page of 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 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 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

12 AO 0- regarding marijuana land use regulations Page of TABLE.0-: OFF-STREET LOADING BERTHS Use Aggregate Gross Floor Area (square feet) or Number of Dwelling Units Berths Required Type Marijuana Uses Marijuana cultivation facility,000-0,000 Marijuana manufacturing facility Marijuana retail facility Industrial Uses [SAME AS FOR GENERAL INDUSTRIAL USES] Each additional 0,000 or fraction thereof Same as for marijuana cultivation facility Same as for general commercial establishments B additional B 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. 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

13 AO 0- regarding marijuana land use regulations Page of c. Require a permit through title and/or title. (AO 0-(S), --; AO 0-, --; AO No. 0-,, - -) Section. 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. (AO 0-(S), --; AO 0-, --; AO No. 0-,, - -; AO No. 0-00,, 0--; AO No. 0-(S),, --; AO No. 0-,, --; AO No. 0-(S-), 0, --; AO No. 0-(S),, --; AO 0-(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.

14 AO 0- regarding marijuana land use regulations Page of 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 as part of an application for a conditional use for marijuana. 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. 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.

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16 MUNICIPALITY OF ANCHORAGE Assembly Memorandum No. AM -0 Meeting Date: March, From: Subject: ASSEMBLY MEMBER WEDDLETON 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. This ordinance makes several changes to the land use regulations for commercial marijuana establishments, based on issues identified over the past months of implementing the current regulations. The ordinance proposes the following amendments: Clarifies that a marijuana facility is not an adult-oriented establishment. Gives the Assembly the authority to grant variances from the marijuana land use regulations and provides criteria for evaluating variance requests. Includes the general use category commercial marijuana in code where other general use categories such as residential, commercial, and industrial are mentioned, as appropriate. Allows the Assembly to add, modify, or delete conditions on the special land use permit at any time, following a public hearing with appropriate notice. Clarifies what qualifies as a caretaker s residence. Applies marijuana retail store sign standards to all types of marijuana facilities, to close a loophole. Gives the Assembly the authority to allow cultivation operations in the B- if a complete application for a collocated and attached retail store has been

17 0 received. Exempts cultivation and manufacturing facilities from certain on-site pedestrian connection requirements in certain zoning districts. With the concurrence of the Traffic Engineer, changes the loading dock requirements for cultivation and manufacturing facilities from a type A berth (accommodates a tractor trailer) to a type B berth (accommodates box vans and the like). Provides a definition for public housing authority. Minor clarifications to correct typos, clarify intent, and improve consistency. The ordinance has been thoroughly reviewed by the Assembly s Economic and Community Development Committee. Respectfully submitted: John Weddleton, Assembly Member-District