The Kenai City Council discussed amending and expanding public notification policies for proposed commercial marijuana operations at their meeting Wednesday, July 5th.
The Ordinance addresses proposed changes to Kenai Municipal Code (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.
“People [are] concerned about not getting notified, and that’s where this originated from,” said Councilman Alex Douthit at the meeting. “Hopefully this will help get more public notice out to people that are close by. But that seems like the biggest thing that was coming up was people just weren’t getting notified, or didn’t see certain signs, and this way hopefully we’ll reach more people to notify those individuals. “
Under the current ordinance, property owner notification for proposed commercial marijuana establishments is mailed to all property owners within a five hundred 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 several residential, commercial, and industrial 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 near their homes.
Vice Mayor James Baisden, who co-sponsored the ordinance, expressed his intentions for the proposed changes;
“I would like to see more notification go out, so whenever it ends up in planning and zoning, hopefully we have people in the audience that can have conversations with planning and zoning because it seems like the participation is missed until it gets to the council.” He went on to say, “What’s going to happen is that typically that 500 foot zone – if there’s only eight or ten people that can be notified, it will expand out until we get at least 30 people notified, so hopefully we get more feedback.”
The ordinance’s prohibition of limited marijuana cultivation facilities aims to preserve and protect the intent of residential zoning districts, and ensure consistency with the Kenai Municipal Code Section 14.20.230, which prohibits commercial marijuana establishments as a home occupation. The establishment of a minimum of 30 different property owners to be notified of a proposed commercial marijuana cultivation facility will increase the noticing area and address noticing concerns.