Memorandum 16-169 City Planner to Make Recommendations on Marijuana Establishments

Memorandum 16-169

TO:                  MAYOR WYTHE AND HOMER CITY COUNCIL
THROUGH:       KATIE KOESTER, CITY MANAGER
FROM:             RICK ABBOUD, CITY PLANNER

DATE:                  October 10, 2016

SUBJECT:     DRAFT ORDINANCE 16-50 AN ORDINANCE OF THE CITY COUNCIL OF HOMER, ALASKA AMENDING HOMER CITY CODE 21.62.040 CURRENTLY ENTITLED “PRE-APPLICATION CONFERENCE,” TO AUTHORIZE THE CITY PLANNER TO RECOMMEND TO THE STATE OF ALASKA THAT IT DENY AN APPLICATION FOR A MARIJUANA ESTABLISHMENT THAT DOES NOT COMPLY WITH HOMER CITY CODE AND AUTHORIZE THE CITY PLANNER TO RECOMMEND THAT THE STATE IMPOSE CONDITIONS TO APPROVAL WHEN NECESSARY TO ENSURE COMPLIANCE WITH THE HOMER CITY CODE. 

The Homer Advisory Planning Commission (HAPC) discussed the ordinance at the September 7th meeting and held a Public Hearing on the meeting of September 21st. The ordinance makes the City Planner responsible for reviewing all applications for marijuana establishments submitted to the city from the state for comments. The Cannabis Advisory Commission (CAC) added language that the review shall be accomplished in 15 days from submittal.

The review of the City Planner consists of reviewing the application for applicable regulations of the city. Generally, it would confirm that the location is allowed in code and would specify, as conditions, any other requirements for permits. For instance, a Fire Marshall approval would be necessary prior to issuing a zoning permit and A CUP would be necessary for any proposed structure over 8000 square feet.

No other provisions are specified in code for review by other bodies. Any decision of the City Planner may be appealed to the Planning Commission.

Recommendation

The HAPC recommends approval of Draft Ordinance 16-50.

Att.

Staff Report PL 16-51 & PL 16-55
Planning Commission minutes 9/7 & 9/21