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H6. Ord. 1866, Marijuana Text AmendmentKALisPEii. Development Services Department 201 1st Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.com/plannine REPORT TO: Doug Russell, City Manager FROM: PJ Sorensen, Senior Planner SUBJECT: KZTA-21-03 — Zoning Text Amendment — Marijuana Zoning Regulation MEETING DATE: October 4, 2021 BACKGROUND: In the election of November 2020, a ballot initiative was approved by the voters to allow for recreational marijuana use within the State of Montana. Subsequently, the state legislature passed House Bill 701 providing the framework for marijuana regulation in Montana. Local jurisdictions are provided some latitude to adopt zoning regulations specifying appropriate zones and criteria for those facilities, but they must be provided for given the new legislation. The legislation will allow facilities to begin operating January 1, 2022, and the City should have zoning regulations in place prior to that date. Therefore, the City of Kalispell has submitted a request for a text amendment to the Kalispell Zoning Ordinance to adopt zoning regulations related to marijuana dispensaries, cultivation, and manufacturing. The framework for this proposed zoning text amendment was discussed at two City Council work sessions on June 14 and 21, and at a Planning Board work session on August 10. The Kalispell Planning Board held a duly noticed public hearing on September 14, 2021, to consider the request. Staff presented staff report KZTA-21-03 providing details of the proposal and evaluation. Staff recommended that the Planning Board adopt the staff report as findings of fact and recommend to the Council that the request be granted. No public comments were received at the hearing. The public hearing was closed, and a motion was presented to adopt staff report KZTA-21-03 as findings of fact and recommend to the Kalispell City Council that the zoning text amendment be approved. Board discussion concluded that the request was appropriate, and the motion was approved on a 6-1 vote. RECOMMENDATION: It is recommended that the Kalispell City Council approve the first reading of Ordinance 1866, an ordinance to amend various sections of the City of Kalispell Zoning Ordinance 1677, by adding marijuana dispensaries, cultivation, and manufacturing as uses which may be permitted within certain zones with an administrative conditional use permit and subject to certain conditions. FISCAL EFFECTS: There are no anticipated fiscal impacts at this time. ALTERNATIVES: Deny the request. ATTACHMENTS: Ordinance 1866 September 14, 2021, Kalispell Planning Board Minutes Staff Report Aimee Brunckhorst, Kalispell City Clerk ORDINANCE NO. 1866 AN ORDINANCE AMENDING THE KALISPELL ZONING ORDINANCE (ORDINANCE NO. 1677), TO ALLOW MARIJUANA DISPENSARIES, CULTIVATION, AND MANUFACTURING WITHIN CERTAIN ZONING DISTRICTS TO BE AN ADMINISTRATIVE CONDITIONALLY PERMITTED USE IN THE CITY OF KALISPELL AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City of Kalispell Planning Department submitted a request to the Kalispell City Planning and Zoning Commission to consider certain amendments to the Kalispell Zoning Ordinance regarding allowing marijuana dispensaries, cultivation, and manufacturing to be administrative conditionally permitted uses in any B or I Zoning Districts; and WHEREAS, the Kalispell City Planning Board and Zoning Commission considered the request by the Kalispell Planning Department, took public comment and evaluated the request pursuant to the guidelines of KMC 27.29.020; and WHEREAS, the Kalispell City Planning Board and Zoning Commission forwarded its recommendation to the Kalispell City Council that certain portions of text of the Kalispell Zoning Ordinance as set forth in Exhibit "A" attached hereto, regarding the allowance of marijuana dispensaries, marijuana cultivation, and marijuana manufacturing in the B and I zoning districts, be amended; and WHEREAS, the City Council has reviewed the Kalispell Planning Department Report as considered by the Kalispell City Planning Board and Zoning Commission and the transmittal from the Kalispell City Planning Board and Zoning Commission and hereby adopts the findings made in Report #KZTA-21-03, as the Findings of Fact applicable to this Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AS FOLLOWS: SECTION 1. The City of Kalispell Zoning Ordinance, Ordinance No. 1677, is hereby amended as follows on Exhibit "A". SECTION 2. All parts and portions of Ordinance No. 1677 not amended hereby remain unchanged. SECTION 3. This Ordinance shall take effect January 1, 2022. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL THIS DAY OF 12021. ATTEST: Aimee Brunckhorst, CMC City Clerk Mark Johnson Mayor EXHIBIT A CHAPTER 27.03 APPLICATION OF DISTRICT REGULATIONS Sections: 27.03.010: Application of District Regulations. Except as otherwise provided herein, the regulations set by this chapter and Chapters 27.04 through 27.19 shall be the minimum regulations and all regulations as categorized shall apply uniformly to each class or kind of structure or land and particularly: CHAPTER 27.12 B-1 NEIGHBORHOOD BUSINESS Sections: 27.12.030: Uses Which May Be Permitted By Conditional Use Permit. (10) Marijuana dispensaries, no larger than 4,000 square feet (Administrative CUP Renumber accordingly CHAPTER 27.13 B-2 GENERAL BUSINESS Sections: 27.13.030: Uses Which May Be Permitted By Conditional Use Permit. (12) Marijuana dispensaries (Administrative CUP) Renumber accordingly CHAPTER 27.14A B-3 CORE AREA - BUSINESS Sections: 27.14A.030: Uses Which May Be Permitted By Conditional Use Permit. (8) Marijuana dispensaries (Administrative CUP) Renumber accordingly CHAPTER 27.14B B-4 CENTRAL BUSINESS Sections: 27.14B.030: Uses Which May Be Permitted By Conditional Use Permit. (10) Marijuana dispensaries (Administrative CUP) Renumber accordingly CHAPTER 27.15 B-5 INDUSTRIAL -BUSINESS Sections: 27.15.030: Uses Which May Be Permitted By Conditional Use Permit. (8) Marijuana dispensaries (Administrative CUP) Renumber accordingly CHAPTER 27.16 I-1 LIGHT INDUSTRIAL Sections: 27.16.030: Uses Which May Be Permitted By Conditional Use Permit. (9) Marijuana cultivation (Administrative CUP) (10) Marijuana dispensaries (Administrative CUP) (11) Marijuana manufacturing (Administrative CUP) Renumber accordingly CHAPTER 27.17 I-2 HEAVY INDUSTRIAL Sections: 27.17.030: Uses Which May Be Permitted By Conditional Use Permit. (11) Marijuana cultivation (Administrative CUP) (12) Marijuana dispensaries (Administrative CUP) (13) Mariivana manufacturing (Administrative CUP Renumber accordingly CHAPTER 27.24 OFF-STREET PARKING DESIGN STANDARDS Sections: 27.24.050: Minimum Standards By Use. (7) The following table provides minimum parking standards by use: Minimum Parking Standards By Use Mariivana cultivation, dispensaries, and manufacturing Dispensaries: 1 per 300 square feet gross floor area. Cultivation and manufacturing: 1 per 1000 square feet gross floor area. CHAPTER 27.34 ADDITIONAL REQUIREMENTS FOR SPECIFIC CONDITIONAL USES Sections: 27.34.087: Mariivana Cultivation, Dispensaries, and Manufacturing. (1) A marijuana dispensar or facility engaged in marijuana cultivation or manufacturing shall be located a minimum of 300 feet from churches, schools, parks, and city residential (R or RA) zones, measured from property line to grope , line. CHAPTER 27.37 DEFINITIONS Sections: 27.37.010: Definitions. (117) Marijuana. Marijuana means all plant material from the genus Cannabis containingtetrahydrocannabinol (THC) or seeds of the genus capable of germination. It does not include hemp, including any part of that plant, including the seeds and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3% on a dry weight basis, or commodities or products manufactured with hemp, or any other ingredient combined with marijuana to provide topical or oral administrations, food, drink, or other products. The term also does not include a drug approved by the United States Food and Drug Administration pursuant to Section 505 of the Federal Food. Druiz_ and Cosmetics Act. 21 U.S.C. 301_ et sea. (118) Marijuana cultivation. A use operated by a person licensed by the State of Montana to (a) plant, cultivate, grow, harvest, and dry marijuana, and (b) package and relabel marijuana produced at the location in a natural or naturally dried form that has not been converted, concentrated, or compounded for sale through a licensed dispenser. (119) Marijuana dispensary. A licensed premises from which a person licensed by the State of Montana may (a) obtain marijuana or marijuana products from a licensed cultivator, manufacturer, dispensary, or other licensee approved by the State, and (b) sell marijuana or marijuana products to registered cardholders, adults that are 21 vears of aize_ or both. (120) Marijuana manufacturing. A use operated by a person licensed by the State of Montana to convert or compound marijuana into marijuana products, marijuana concentrates, or marijuana extract and package, repackage, label, or relabel mariivana products. Renumber Accordingly � � � � 1.19 � ■ � /� \ \ �■ �, � � � �� � / �'■ � & C \ |� Ks �.� 1� 2 � 2 DA W5 KALISPELL CITY PLANNING BOARD & ZONING COMMISSION MINUTES OF REGULAR MEETING SEPTEMBER 14, 2021 CALL TO ORDER AND ROLL The regular meeting of the Kalispell City Planning Board and Zoning CALL Commission was called to order at 6:00 p.m. Board members present were Chad Graham, Doug Kauffman, Rory Young (zoom), Joshua Borgardt, George Giavasis, Kurt Vomfell and Ronalee Skees. PJ Sorensen and Jarod Nygren represented the Kalispell Planning Department. APPROVAL OF MINUTES Skees moved and Vomfell seconded a motion to approve the minutes of the August 10, 2021, meeting of the Kalispell City Planning Board and Zoning Commission. VOTE BY ACCLAMATION The motion passed unanimously on a vote of acclamation. HEAR THE PUBLIC None. BOARD MEMBER SEATED Rory Young recused himself. KA-21-04/KPUD-21-03/KPP-21-07 A request from G23 Properties, LLC for the Parkland Meadows Planned PARKLAND MEADOWS Unit Development ("PUD"), which is a Residential Mixed Use PUD overlay on approximately 38.4 acres of land at the northeast corner of Airport Road and Cemetery Road. The proposal includes annexation of the property, initial zoning of RA-1 (Residential Apartment) on approximately 31.1 acres, and initial zoning of B-1 (Neighborhood Business) on approximately 7.1 acres, as well as major preliminary plat approval for the development. STAFF REPORT PJ Sorensen representing the Kalispell Planning Department reviewed Staff Report #KA-21-04, #KPUD-21-03 and #KPP-21-07. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KA-21-04 as findings of fact and recommend to the Kalispell City Council that the property be annexed and the zoning for the property be approved as detailed herein, with approximately 31.1 acres to be zoned RA-1 (Residential Apartment), and approximately 7.1 acres that will be zoned B-1 (Neighborhood Business), with a PUD overlay on the entire property. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KPUD-21-03 as findings of fact and recommend to the Kalispell City Council that the PUD for Parkland Meadows be approved subject to the conditions listed in the staff report. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt staff report #KPP-21-07 as findings of fact and recommend to the Kalispell City Council that the preliminary plat for Parkland Meadows be approved subject to the conditions listed in the staff report. Kalispell City Planning Board Minutes of the meeting of September 14, 2021 Pagel Sorensen noted that there is a typo in Condition #1 and that staff is proposing an amendment be made to change it to read: The Planned Unit Development for Parkland Meadows allows the following deviation from the Zoning Regulations: (1) Minimum lot size: Sec 27.09.040(1) — Minimum lot size per unit as shown on the submitted plans. BOARD DISCUSSION None. PUBLIC HEARING Karissa Prewitt — 387 Cemetery Rd. — Concerned with impacts on her hay field and livestock as well as the increased traffic on Cemetery Rd. Jason Prewitt — 387 Cemetery Rd. — Asked about any proposed boundary wall to separate his property from the subdivision. Tim Wise — 2097 Airport Rd. — Concerned with proposed density, increased traffic and additional noise and the impacts on his farm. He is also concerned with the fly zone for the airport and feels the subdivision should be a no -fly zone. Toby McIntosh — 2250 Hwy 93 South — Jackola Engineering — representative for applicant, offered to answer any questions. MOTION — KA-21-04 Vomfell moved and Kauffman seconded a motion that the Kalispell City ANNEXATION Planning Board and Zoning Commission adopt amended Staff Report #KA-21-04 as findings of fact and recommend to the Kalispell City Council that the property be annexed and the zoning for the property be approved as detailed herein, with approximately 31.1 acres to be zoned RA -I (Residential Apartment), and approximately 7.1 acres that will be zoned B-I (Neighborhood Business), with a PUD overlay on the entire property. BOARD DISCUSSION None. ROLL CALL Motion passed unanimously on a roll call vote. MOTION — KPUD-21-03 Kauffinan moved and Vomfell seconded a motion that the Kalispell City PLANNED UNIT DEVELOPMENT Planning Board and Zoning Commission adopt amended Staff Report #KPUD-21-03 as findings of fact and recommend to the Kalispell City Council that the PUD for Parkland Meadows be approved subject to the proposed conditions, as amended, listed in the staff report. BOARD DISCUSSION Graham inquired about the no -fly zone concerns mentioned during public comment. He asked staff to speak to how the review process works. Sorensen noted that when it comes to the airport there is something referred to as the airport affected area that is tied into the city zoning ordinance and is based off the FAA model ordinance. This is used to review the fly zone and if changes need to be made. Board discussed other public concerns regarding Cemetery Rd, increased traffic, proposed screening of subdivision from neighboring Kalispell City Planning Board Minutes of the meeting of September 14, 2021 Page 12 properties. ROLL CALL Motion passed unanimously on a roll call vote. MOTION — KPP-21-07 Vomfell moved and Kauffinan seconded a motion that the Kalispell City PRELIMINARY PLAT Planning Board and Zoning Commission adopt amended staff report #KPP-21-07 as findings of fact and recommend to the Kalispell City Council that the preliminary plat for Parkland Meadows be approved subject to the proposed conditions, as amended, listed in the staff report. BOARD DISCUSSION None. ROLL CALL Motion passed unanimously on a roll call vote. BOARD MEMBER RE -SEATED Rory Young re -seated. KZC-21-0I/KPUD-21-02/KPP-21-06 A request from Kilday & Stratton for the Starling Phases 1-8 Planned STARLING PHASES 1-8 Unit Development ("PUD"), which is a Residential Mixed Use PUD overlay on approximately 58.0 acres of land on the west side of Stillwater Road to the west of Timberwolf Parkway. The property was previously annexed with an R-3 (Residential) underlying zone and has an expired PUD overlay over the full section of land. This proposal would rezone the 58.0 acres to RA-1 (Residential Apartment) with a new PUD overlay for the subject property. The proposal includes a proposed preliminary plat for Phases 1-3 of the project, which encompasses 20.84 acres of land. STAFF REPORT PJ Sorensen representing the Kalispell Planning Department reviewed Staff Report #KZC-21-01, #KPUD-21-02 and #KPP-21-06. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KZC-21-01 as findings of fact and recommend to the Kalispell City Council that the zoning for the entire 58.0 acres of the property be changed from R-3 (Residential) to RA-1 (Residential Apartment), with a PUD overlay. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KPUD-21-02 as findings of fact and recommend to the Kalispell City Council that the PUD for Starling Phases 1-8 be approved subject to the conditions listed in the staff report. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt staff report #KPP-21-06 as findings of fact and recommend to the Kalispell City Council that the preliminary plat for Starling Phases 1-3 be approved subject to the conditions listed in the staff report. BOARD DISCUSSION Board discussed subdivision access, sidewalk along Stillwater Rd and lot sizes. PUBLIC HEARING Greg Stratton — 2880 Technology Blvd West — Applicant for project, offered to answer questions for the board. Kalispell City Planning Board Minutes of the meeting of September 14, 2021 Page13 MOTION — KZC-21-01 Kauffman moved and Borgardt seconded a motion that the Kalispell City ZONE CHANGE Planning Board and Zoning Commission adopt Staff Report #KZC-21- 01 as findings of fact and recommend to the Kalispell City Council that the zoning for the entire 58.0 acres of the property be changed from R-3 (Residential) to RA-1 (Residential Apartment), with a PUD overlay. BOARD DISCUSSION None. ROLL CALL Motion passed unanimously on a roll call vote. MOTION — KPUD-21-02 Skees moved and Borgardt seconded a motion that the Kalispell City PLANNED UNIT DEVELOPMENT Planning Board and Zoning Commission adopt Staff Report #KPUD-21- 02 as findings of fact and recommend to the Kalispell City Council that the PUD for Starling Phases 1-8 be approved subject to the conditions listed in the staff report. BOARD DISCUSSION Graham noted for the public that the reason there is not always a lot of discussion on these large PUD's is because most discussion is done at the Work Session. ROLL CALL Motion passed unanimously on a roll call vote. MOTION — KPP-21-06 Vomfell moved and Kauffman seconded a motion that the Kalispell City PRELIMINARY PLAT Planning Board and Zoning Commission adopt staff report #KPP-21-06 as findings of fact and recommend to the Kalispell City Council that the preliminary plat for Starling Phases 1-3 be approved subject to the conditions listed in the staff report. BOARD DISCUSSION None. ROLL CALL Motion passed unanimously on a roll call vote. KZTA-21-03 — MARIJUANA A request from the City of Kalispell for a zoning text amendment DISPENSARIES specifying appropriate zones, criteria and definitions for marijuana dispensaries, cultivation, and processing. The text amendment is necessary to address recent changes in state law which will become effective at the end of the year. The proposal would add new use categories for marijuana dispensaries, marijuana cultivation, and marijuana manufacturing, along with related definitions. STAFF REPORT PJ Sorensen representing the Kalispell Planning Department reviewed Staff Report # KZTA-21-03. Staff recommends that the Kalispell City Planning Board adopt the findings in staff report KZTA-21-03 and recommend to the Kalispell City Council that the proposed amendment be adopted as provided herein. BOARD DISCUSSION Board discussed parking requirements as well as use requirements. Skees noted for the public that this item has been through numerous work sessions. Kalispell City Planning Board Minutes of the meeting of September 14, 2021 Page 14 PUBLIC HEARING None. MOTION Kauffman moved and Borgardt seconded a motion that the Kalispell City Planning Board and Zoning Commission adopt the findings in staff report KZTA-21-03 and recommend to the Kalispell City Council that the proposed amendment be adopted as provided herein. BOARD DISCUSSION Vomfell noted that he believes that restrictions on dispensaries should be no different than liquor stores, and does not support the administrative CUP or additional buffering requirements. ROLL CALL Motion passed 6-1 on a roll call vote (Vomfell voted against). OLD BUSINESS Staff updated board on recent City Council approvals. NEW BUSINESS Staff updated board on the October 12t1i Planning Board Agenda. ADJOURNMENT The meeting adjourned at approximately 7:37pm. Chad Graham President APPROVED as submitted/amended: Kari Barnhart Recording Secretary Kalispell City Planning Board Minutes of the meeting of September 14, 2021 Page 15 MARIJUANA ZONING REGULATIONS ZONING TEXT AMENDMENT STAFF REPORT #KZTA-21-03 KALISPELL PLANNING DEPARTMENT SEPTEMBER 1, 2021 This is a report to the Kalispell City Planning Board and the Kalispell City Council regarding a request for a text amendment to the Kalispell Zoning Ordinance to adopt zoning regulations related to marijuana dispensaries, cultivation, and manufacturing. A public hearing has been scheduled before the Planning Board for September 14, 2021, beginning at 6:00 PM in the Kalispell City Council Chambers. The Planning Board will forward a recommendation to the Kalispell City Council for final action. BACKGROUND INFORMATION In the election of November 2020, a ballot initiative was approved by the voters to allow for recreational marijuana use within the State of Montana. Subsequently, the state legislature passed House Bill 701 providing the framework for marijuana regulation in Montana. The Montana Department of Revenue will also adopt administrative rules related to the marijuana industry, which are expected to be adopted this fall. Local jurisdictions are provided some latitude to adopt zoning regulations specifying appropriate zones and criteria for those facilities, but they must be provided for given the new legislation. The legislation will allow facilities to begin operating January 1, 2022, and the City should have zoning regulations in place prior to that date. A: Applicant: City of Kalispell 201 First Avenue East Kalispell, MT 59901 B. Area Effected by the Proposed Changes: Any B or I zoned property within the jurisdictional boundaries of the City of Kalispell will be affected by the proposed changes. C. Proposed Amendment: The proposal would add new use categories for marijuana dispensaries, marijuana cultivation, and marijuana manufacturing, along with related definitions. Dispensaries would be allowed in all B (Business) and I (Industrial) zones, while cultivation and manufacturing would be allowed in all I zones. An administrative conditional use permit ("ACUP") would be required for all locations. There would also be a 300-foot buffer from churches, schools, parks, and city residential (R or RA) zones, measured from property line to property line. The full text of the proposed amendment is attached as Exhibit A, with deletions struck -out and additions underlined. Page 1 of 11 D. Staff Discussion: The framework for this proposed zoning text amendment was discussed at two City Council work sessions on June 14 and 21, and at a Planning Board work session on August 10. It is important to note that the new marijuana statutes under the ballot initiative and House Bill 701 regulate the sale and use of marijuana and establish taxation and licensing programs to be administered by the state. Local land use regulations are to be focused on determining appropriate locations within the city for the operation of dispensaries, cultivation, and manufacturing by providing for those facilities within certain zones and pursuant to zoning criteria. While there were a range of viewpoints, the consensus of the discussion at both the City Council and the Planning Board looked at dispensaries as akin to liquor stores and cultivation/manufacturing as akin to industrial manufacturing. The similarity to liquor stores is that both sell intoxicating substances for those 21 years or older without consumption on the premises. Liquor stores are considered a retail use and allowed in all of the B zones (limited to 4000 square feet in the B-1). Dispensaries would be similarly allowed in all of the B zones with the size limit in the B-1 as well as both the I-1 and I-2 zones, although an ACUP would be required in all of the zones where it is allowed. Cultivation and manufacturing both involve processing that would be in -line with light industrial uses found in both the I-1 (Light Industrial) and I-2 (Heavy Industrial) zones. Those uses are generally not located within residential or business zones. There was some discussion about approaching cultivation as agriculture. However, the City does not have any agricultural zones, with the closest being a single-family zone (R-1) which includes some agricultural use, and cultivation is not typically located in open fields like most agricultural uses, generally being located within buildings. Furthermore, the state statute states that marijuana is not considered agriculture subject to the department of agriculture for certain purposes. Sec 16-12-101(3), MCA. Providing for cultivation and manufacturing within the I zones is appropriate. Both the Council and Planning Board felt that some buffering requirements from certain uses were appropriate. A 300-foot buffer (equal to one city block) from uses that are more family or child -oriented helps maintain a balance between providing a reasonable opportunity for marijuana related uses and protecting those families and children who should not or would rather not be impacted by potential negative aspects associated with marijuana. The buffer requirement from churches, schools, parks, and city residential zones is a key provision designed to strike that balance. The state statute includes a 500- ft buffer from churches and schools, which shows that the legislature also saw a need to balance those interests. The city measurement, however, would be from property line to property line rather than the state's methodology (straight line from the center of the nearest entrance of each), so it is still appropriate to include those uses as part of the city buffer. The city measurement helps ensure a minimum one -block buffer from schools and churches which may not always be met under the state measurement depending upon where they choose to put the door, and it is expected based on liquor regulations that the measurement would be on the same street, which can also skew the results. Any proposed use would need to satisfy both the city and state buffer requirements. The City has similar required buffers related to casinos (600 feet unless it qualifies as an accessory Page 2 of 11 casino that is related to a restaurant, bar or other use) and sexually oriented businesses (1000 feet). The lesser buffer for marijuana related uses is based in part on the fact that on -premise consumption is not allowed at those uses, but alcohol consumption is allowed with casinos and sexually oriented businesses. The map below shows the areas of the city where marijuana related uses would be allowed in blue. The yellow areas are residential zones with the 300-ft buffer and the green areas are parks with the 300-ft buffer. In addition, there would be 300-ft buffers from schools and churches, which are not shown on the map. Page 3 of 11 The ACUP requirement for marijuana related uses is appropriate in this situation. With the buffering requirement, the ACUP allows staff to confirm that buffering requirements are met before a marijuana related use opens at a location. It also provides the neighborhood with notice, an opportunity to comment, and a chance for a dialogue between the applicant and the neighbors which can lead to better compatibility. CUPS and ACUPs are valuable tools for uses which can generally fit within a given zone, but might be a bit different than what might otherwise be expected by neighboring property owners. Parking requirements for dispensaries are included in the ordinance, and are the same as for other retail uses. Parking for cultivation and manufacturing are also included and are the same as the parking requirements for general industrial uses. One additional provision of the proposed text amendment is a bit of a housekeeping amendment. Current zoning regulations state that "No use of land shall be permitted or conditionally permitted within the City of Kalispell that is in violation of federal, state, or local law." Sec 27.03.101(8). The primary purpose of the section was to address marijuana uses under the uncertainty which existed prior to the recent ballot initiative and House Bill 701. Current state law removes that uncertainty, at least in relation to state law, and leaving the provision in the zoning ordinance would create confusion and potential conflict with state law. Given the new state statute and regulations, the City needs to provide for marijuana related uses. It should therefore be taken out of the ordinance as part of this amendment. EVALUATION BASED ON STATUTORY CRITERIA The statutory basis for reviewing a change in zoning is set forth by 76-2-303, M.C.A. Findings of Fact for the zone change request are discussed relative to the itemized criteria described by 76-2-304, M.C.A. 1. Is the zoning regulation made in accordance with the growth polio The proposal is consistent with the growth policy. Under Chapter 4 B of the City of Kalispell Growth Policy Plan -It 2035, goals of the City include: • Encourage the development and growth of prosperous commercial and industrial districts, each with a viable mix of businesses, suitable infrastructure, and a coordinated development pattern that reduces business costs and increases business opportunities. • Provide adequate areas within the community for commercial and industrial development that meets the needs of present and future businesses in terms of cost, type, design and location. • Maintain the integrity of well -established residential areas by avoiding the encroachment of incompatible uses and providing significant buffer areas between incompatible uses Page 4 of 11 • Develop a better understanding of future commercial and industrial needs in order to be responsive to potential growth Marijuana related uses are a newer commercial and industrial type of use to be located within the City, at least in terms of recent legislation. Providing for those uses in appropriate ways within commercial and industrial areas of the city maintains a viable mix of businesses in those areas with the public infrastructure designed to support business needs, such as water, sewer, and roads. 2. Does the zoning regulation consider the effect on motorized and nonmotorized transportation systems? The proposed amendment places marijuana related uses within business and industrial zones which have public road systems intended to carry traffic related to commercial use. The amendment helps minimize any negative impacts on the transportation system. 3. Is the zoning regulation designed to secure safety from fire and other dangers? Any marijuana related uses will be required to meet building, fire, and health codes. 4. Is the zoning regulation designed to promote public health, public safety, and the general welfare? The general health, safety, and welfare of the public will be protected by placing marijuana related uses in locations with similar types of uses. The buffering requirement from schools, churches, parks and residential zones helps ensure an appropriate separation from uses oriented more towards families and children, which allows for some protection from potential negative impacts related to marijuana related uses. 5. Does the zoning regulation consider the reasonable provision of adequate light and air? The development standards within the zoning ordinance help provide for appropriate interaction between developed properties, including light and air. 6. Is the zoning regulation designed to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements? The zoning ordinance creates a more predictable, orderly, and consistent development pattern. That pattern allows for a more efficient allocation of public resources and better provision of public services. 7. Does the zoning regulation consider the character of the district and its peculiar suitability for particular uses? The amendment reflects the commercial and industrial character of the districts affected. Dispensaries are akin to other retail uses, particularly liquor stores, and Page 5 of 11 cultivation/manufacturing is akin to light industrial uses found elsewhere in the city. 8. Does the zoning regulation consider conserving the value of buildings? Building values are conserved by providing reasonable standards within zoning districts and through development standards under city regulations including building and fire codes. 9. Does the zoning regulation encourage the most appropriate use of land throughout the municipals . and promote compatible urban growth? The amendment helps create consistency throughout comparable zones, which promotes compatible urban growth. RECOMMENDATION Staff recommends that the Kalispell City Planning Board adopt the findings in staff report KZTA-21-03 and recommend to the Kalispell City Council that the proposed amendment be adopted as provided herein. Page 6 of 11 EXHIBIT A CHAPTER 27.03 APPLICATION OF DISTRICT REGULATIONS Sections: 27.03.010: Application of District Regulations. Except as otherwise provided herein, the regulations set by this chapter and Chapters 27.04 through 27.19 shall be the minimum regulations and all regulations as categorized shall apply uniformly to each class or kind of structure or land and particularly: -_: CHAPTER 27.12 B-1 NEIGHBORHOOD BUSINESS Sections: 27.12.030: Uses Which May Be Permitted By Conditional Use Permit. (10) Marijuana dispensaries, no larger than 4,000 square feet (Administrative CUP Renumber accordingly CHAPTER 27.13 B-2 GENERAL BUSINESS Sections: 27.13.030: Uses Which May Be Permitted By Conditional Use Permit. (12) Marijuana dispensaries (Administrative CUP) Renumber accordingly Page 7 of 11 CHAPTER 27.14A B-3 CORE AREA - BUSINESS Sections: 27.14A.030: Uses Which May Be Permitted By Conditional Use Permit. (8) Marijuana dispensaries Administrative CUP) Renumber accordingly_ CHAPTER 27.14B B-4 CENTRAL BUSINESS Sections: 27.14B.030: Uses Which May Be Permitted By Conditional Use Permit. (10) Marijuana dispensaries (Administrative CUP) Renumber accordingly CHAPTER 27.15 B-5 INDUSTRIAL -BUSINESS Sections: 27.15.030: Uses Which May Be Permitted By Conditional Use Permit. (8) Marijuana dispensaries (Administrative CUP) Renumber accordingly CHAPTER 27.16 I-1 LIGHT INDUSTRIAL Sections: 27.16.030: Uses Which May Be Permitted By Conditional Use Permit. (9) Marijuana cultivation (Administrative CUP) (10.) Marijuana dispensaries (Administrative CUP) (11) Marijuana manufacturing (Administrative CUP) Renumber accordingly Page 8 of 11 CHAPTER 27.17 I-2 HEAVY INDUSTRIAL Sections: 27.17.030: Uses Which May Be Permitted By Conditional Use Permit. (11) Marijuana cultivation (Administrative CUP) (12.) Marijuana dispensaries (Administrative CUP) (13) Marijuana manufacturing (Administrative CUP) Renumber accordingly_ CHAPTER 27.24 OFF-STREET PARKING DESIGN STANDARDS Sections: 27.24.050: Minimum Standards By Use. (7) The following table provides minimum parking standards by use: Minimum Parking Standards By Use Mariivana cultivation, dispensaries, and Dispensaries: 1 per 300 square feet gross floor area. manufacturing Cultivation and manufacturing: 1 per 1000 square feet ross floor area. CHAPTER 27.34 ADDITIONAL REQUIREMENTS FOR SPECIFIC CONDITIONAL USES Sections: 27.34.087: Mariivana Cultivation, Dispensaries, and Manufacturing. (1) A marijuana dispensary or any facili . engaged in marijuana cultivation or manufacturing shall be located a minimum of 300 feet from churches, schools, parks, and city residential (R or RA) zones, measured from property line to grope , line. Page 9 of 11 CHAPTER 27.37 DEFINITIONS Sections: 27.37.010: Definitions. 117) Marijuana. Mariivana means all blant material from the izenus Cannabis containing tetrahydrocannabinol (THC) or seeds of the genus capable of germination. It does not include hemp, including any part of that plant, including the seeds and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3% on a dry weight basis, or commodities or products manufactured with hemp, or any other ingredient combined with marijuana to provide topical or oral administrations, food, drink, or other products. The term also does not include a drug approved by the United States Food and Drug Administration pursuant to Section 505 of the Federal Food, Drug and Cosmetics Act. 21 U.S.C. 301. et sea. (118) Marijuana cultivation. A use operated by a person licensed by the State of Montana to (a) plant, cultivate, grow, harvest, and dry marijuana; and (b) package and relabel marijuana produced at the location in a natural or naturally dried form that has not been converted, concentrated, or compounded for sale through a licensed dispensary_ (119) Marijuana dispensary. A licensed premises from which a person licensed by the State of Montana may (a) obtain marijuana or marijuana products from a licensed cultivator, manufacturer, dispensary, or other licensee approved by the State, and (b) sell marijuana or marijuana products to registered cardholders, adults that are 21 years of age, or both. (120) Mariivana manufacturing. A use operated by a person licensed by the State of Montana to convert or compound marijuana into marijuana products, marijuana concentrates, or marijuana extract and package, repackage, label, or relabel mariivana broducts. Renumber Accordingly Page 10 of 11 i- [■ CL $ !� INN � � t� r■ i� ; � 2 � � ƒ ■ E DA r ijQ , 7 11 of 11