PLANNING AND ZONING COMMISSION Assembly Chambers Z.J. Loussac Library 3600 Denali Street Anchorage, Alaska. MINUTES OF July 14, :30 PM

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1 PLANNING AND ZONING COMMISSION Assembly Chambers Z.J. Loussac Library 3600 Denali Street Anchorage, Alaska MINUTES OF July 14, :30 PM A. ROLL CALL Present Stacey Dean James Fergusson Tyler Robinson Gregory Strike Mitzi Barker Brandon Walker Brandon Spoerhase Excused Jon Spring Staff Erika McConnell Carol Wong Shawn Odell Margaret O'Brien B. MINUTES 1. Monday, May 5, 2014 COMMISSIONER STRIKE moved to approve the minutes. COMMISSIONER WALKER seconded.

2 July 14, 2014 Page 2 of 10 C. SPECIAL ORDER OF BUSINESS / EXECUTIVE SESSIONS 1. Disclosures COMMISSIONER WALKER disclosed in Case that he was previously recused from the Municipal component of the Academy/VanGuard project because it affects a site that his family owns, and he is developing it. He does not see this project as being an issue and his property is not on this exhibit. COMMISSIONER BARKER disclosed that she will abstain from voting on Resolution as she was not present at that meeting. COMMISSIONER SPOERHASE disclosed that he will abstain from voting on Resolution as he was not yet seated on the Commission. 2. Information Item: Case (FDM)Brother Francis Shelter Status Report 2014 to the Planning and Zoning Commission regarding Conditional Use Cases and in the PLI (public lands and institutions) district. ERIKA MCCONNELL gave a brief presentation on behalf of the Municipality s Planning Division. SUSAN BOMALASKI, Executive Director of Catholic Social Services represented the Brother Francis Shelter and responded to questions from the Commission. JACK FROST, Municipal Code Enforcement and Mary Beth Bragiel, Deputy Director of Social Services also responded to questions. COMMISSIONER STRIKE moved to go into a Committee of the Whole. COMMISSIONER WALKER seconded. COMMISSIONER STRIKE moved to come out of a Committee of the Whole. COMMISSIONER WALKER seconded. COMMISSIONER STRIKE moved to approve drafting a resolution to the Assembly Administration that outlines the issues and problems that have come before this Commission

3 July 14, 2014 Page 3 of 10 over the past year or so. COMMISSIONER DEAN seconded. COMMISSIONER STRIKE emphasized that this Commission has spent an inordinate amount of time on this issue that has come before us through various community councils, and public testimonies. He noted that drafting a resolution is a way to move the conversation forward, otherwise it seems to get bogged down, tied up, and continues to go in circles, frustrating those that testify as well as many of the Planning and Zoning Commissioners. Dean, Fergusson, Strike, Barker, Walker, Spoerhase 3. Information Item: Case Context Sensitive Solutions Transportation Project Concept Report-Site Plan Review for the Northern Access to U-Med District (ADOT& PF Project No STEWART OSGOOD, Project Manager with DOWL HKM provided a presentation. COMMISSIONER SPOERHASE moved to approve the Northern Access/U-Med Plan as presented at 25% as all agencies involved are supportive. MOTION FAILED DUE TO LACK OF A SECOND. D. CONSENT AGENDA 1. Resolutions for Approval a. Resolution: Related Case: Purpose: APPROVAL (SMO) Request for rezone from R-O SL (residential-office with special limitations) district to R-O SL with revision to Special Limitation #13 of AO S. Waldron Subdivision, Lot 2A (Plat ). Located at 1630 East Tudor Road. b. Resolution: Related Case: Purpose: APPROVAL (SDF) Conditional Use Permit per AMC , AMC and AMC in the R-11 (Turnagain Arm) district for a 140 foot monopole wireless telecommunications tower. U.S. Survey 3188, Lot 3. c. Resolution: Related Case: Purpose: APPROVAL (CL) Review and Recommendation by the Planning and Zoning Commission to the Policy Committee for the Transportation Improvement Program (TIP).

4 July 14, 2014 Page 4 of 10 d. Resolution: Related Case: Purpose: APPROVAL (FDM) Minor Amendment to a Conditional Use Permit in the R-1A (single family residential) district for Sand Lake Gravel Pit to amend a condition of approval. Lancaster Subdivision, Tract A; and T12N R4W Section 10, S.M., SW4SW4 Parcel 21. e. Resolution: Related Case: Purpose: APPROVAL (SMO) Conditional Use per AMC for the Alaska Native Tribal Health Consortium Skywalk. f. Resolution: Related Case: Purpose: APPROVAL (FDM) Limited Site Plan Review in accordance with AMC for a large retail development (H & M Dimond Center Project). g. Resolution: Related Case: Purpose: APPROVAL (FDM) Amendment to Area Master Plan for the Alyeska Resort Area (PZC Reso ) to add additional dwelling units to Tract D and to transfer commercial square footage between tracts, in accordance with E.6.a h. Resolution: Related Case: Purpose: APPROVAL (FDM) Master Development Plan per AMC F. for the development of Alyeska Subdivision Prince Addition, Tract D. i. Resolution: Related Case: Purpose: APPROVAL (KRB) Review and Recommendation by the Planning and Zoning Commission of the Fairview Neighborhood Plan (March 2014), to be adopted as an element of the Comprehensive Plan under Anchorage Municipal Code, in accordance with AMC j. Resolution: Related Case: Purpose: APPROVAL (MRO) Rezone per AMC Chapter from R-3 Mixed Residential District to R- 4A Multifamily Residential Mixed-Use District. 2. Introduction for Public Hearings

5 July 14, 2014 Page 5 of Site / Landscape Plan Approval a. CASE: PETITIONER: Sears, Roebuck and Co. REQUEST: Limited Site Plan Review per AMC and AMC for a large retail establishment (Nordstrom Rack) in the B-3 (general business) district. Item D(3)(a) was pulled and heard immediately following the consent agenda. 4. Time Extensions; Expedited Hearing Requests; Minor Conditional Use Amendments 5. Other COMMISSIONER SPOERHASE moved to approve the consent agenda. COMMISSIONER DEAN seconded. COMMISSIONER ROBINSON pulled Item D(3)(a) Case Item D(3)(a) a. CASE: PETITIONER: Sears, Roebuck and Co. REQUEST: Limited Site Plan Review per AMC and AMC for a large retail establishment (Nordstrom Rack) in the B-3 (general business) district. SHAWN ODELL presented the staff report on behalf of the Municipality s Planning Division. MICHELLE RITTER with DOWL HKM and TIM RIDDENOUR, Design Architect with RIM Architects represented the petitioner. The Commission discussed pedestrian connections between the new store and the mall. COMMISSIONER WALKER moved to approve in Case the loading dock as proposed, with one exception being that they need to include a sign or otherwise significantly promote access to the common areas of the mall through the Sears Store. This motion includes the Department Recommendations 1 through 7 on pages 10 and 11 of the staff packet. COMMISSIONER SPOERHASE seconded.

6 July 14, 2014 Page 6 of 10 COMMISSIONER SPOERHASE will be supporting the motion. He believes that Sears is driving this factor and will be in support of this motion, and Sears will also welcome the additional foot traffic through their store. He stated that this will also promote safety at the mall. COMMISSIONER ROBINSON is not prepared to support the motion at this time. He has not heard if the storage containers are permanent or temporary, because they seem to be permanent tire storage for the Sears Mall that is a convenient place to locate their tires. He thinks that making them look better ought to be considered, and would like to know what their plans are for the units out front for additional screening or coming into conformity with the code. In response to Commissioner Robinson, TIM POTTER with DOWL HKM indicated that this has been the location of the containers during all of the renovations at the Sears Mall, and the contractors have always used these. It is his belief that the contractors are given this location to locate and co-locate their containers with the materials used for improvements. He cannot attest to several that are in that location now, but he will by tomorrow. They will make sure that they are contractor related and not storage because storage would not be permitted, and they would be in violation if tires are being stored in them. CHAIR FERGUSSON expressed they are to be for current contracts only, not prior or future. COMMISSIONER ROBINSON asked what happens if the Commission finds out tomorrow what the answer is. He would like to know the answer in time to exercise his ability to request a notice of reconsideration, and that time limit is twenty four (24) hours. MS. RITTER stated that they can commit to producing an answer within the time to reconsider. E. UNFINISHED BUSINESS AND ACTIONS OF PUBLIC HEARINGS F. REGULAR AGENDA 1. Resolutions for Approval 2. Introduction for Public Hearings 3. Site / Landscape Plan Approval 4. Time Extensions; Expedited Hearing Requests; Minor Conditional Use Amendments

7 July 14, 2014 Page 7 of Other a : Draft Design Study Report for the Seward Highway: 92nd Avenue Connector (MOA/ADOT Project No ). (MRO) MARGARET O'BRIEN presented the staff report on behalf of the Municipality's Planning Division. Planning recommended approval subject to conditions. JEFF FUGLESTAD represented the petitioner. ERIC MIYASHIRO with DOT&PF was also present and responded to questions from the Commission. COMMISSIONER STRIKE moved to approve in Case the draft design study report for the Seward Highway: 92 nd Avenue Connector as submitted. COMMISSIONER SPOERHASE seconded. COMMISSIONER SPOERHASE will be supporting the motion. He feels they have done their due diligence, and it s a good project to move forward. COMMISSIONER STRIKE thinks this is a comprehensive package, and it addresses the requirements. While it s not the ideal spot for the homes and so-forth that were disrupted, moved, and changed, this is a move forward in this area to remedy the congestion and the traffic. COMMISSIONER DEAN stated that she is disappointed that the DOT did not supply the Commission with 25 % plans. She is also disappointed that DOT did not work with the Commission at all, and a lot of people are going to lose their homes because they didn t want to decrease the parking of a commercial property, and possibly move a utility line. She hates to see the loss of affordable housing in Anchorage. Fergusson, Robinson, Strike, Barker, Walker, Spoerhase Dean G. PUBLIC HEARINGS 1. CASE: (FDM) PETITIONER: Alaska Railroad Corporation REQUEST: Request for Rezone from B-2C (central business-periphery) district to PC SL (planned community) district with special limitations. SHAWN ODELL presented the staff report in the absence of Francis McLaughlin and on behalf of the Municipality's Planning Division. Planning recommended approval.

8 July 14, 2014 Page 8 of 10 DWAYNE ADAMS with Earthscape represented the petitioner. JIM KUBITZ with the Alaska Railroad Corporation was also present and responded to questions from the Commission. CHAIR FERGUSSON opened the hearing to public testimony. The following individuals testified: DOUG FERRIS JAMES TOUSSAINT RHONDA BUTTERFIELD RICHARD THORPE MR. ADAMS provided rebuttal testimony. COMMISSIONER ROBINSON moved in Case , rezone from B-2C to PC SL, to recommend approval to the Anchorage Assembly for the rezoning to PC SL. COMMISSIONER SPOERHASE seconded. COMMISSIONER ROBINSON will be supporting the motion. This was an area that was contemplated in the Downtown Comprehensive Plan and identified as an area that would be redeveloped in conjunction with the Ship Creek area, and he thinks that this portion of land has been discussed as to how it would be developed. He also thinks that while he was concerned about the notice situation, the issues have been resolved through the five people that testified this evening regarding height and the preservation of view sheds. These are very tough issues in this community, and there has been brief discussion on what is a right of a single property owner versus what is a right to preserve in terms of view sheds. He doesn t believe that he is willing to suggest that this site be restricted any more than it is currently, and so he doesn t believe that the zoning, for which he is recommending it to go to, is a change, but the Ship Creek design guidelines allow for a more thoughtful approach to design. He also noted that this will be a very challenging parcel to develop with access and road issues, but it is consistent with the comprehensive plan and meets the standards of a rezone. COMMISSIONER SPOERHASE concurred with Commissioner Robinson. H. APPEARANCE REQUEST -

9 July 14, 2014 Page 9 of 10 I. REPORTS - 1. Chair 2. Secretary 3. Committee a. Title 21 Committee - Robinson b. Design Criteria Manual Committee - Fergusson c. Long Range Plan RPF & Policies & Procedures Committee - Dean d. Permitting Process Streamlining Committee - Fergusson e. AMATS Committee - Spring, Barker f. Airport Master Plan Committee - Dean, Robinson g. U-Med District Plan Committee - Walker h. Wetlands - Strike i. Interaction with Assembly - Fergusson, Dean J. TITLE 21 DISCUSSION COMMISSIONER ROBINSON noted that the August 4, 2014 meeting has a slated work session for the East Anchorage District Plan. He thought that what the Commission had requested was to have a work session that would involve more than just the typical one hour prior to a meeting session so that if there were any unresolved issues then the Commission would have some time to resolve them. He is open to the Commission to possibly moving the grace period forward, but he also thinks they, staff included, should figure out a way to find a process that gets everyone on the right path. He doesn t want this to be the private sector against staff, and he noted that staff does not have the resources to help the Commission facilitate the new code. COMMISSIONER ROBINSON mentioned that there has been a lot of conversation around the community about what Planning and Zoning does related to the existing code, the old code, and whether or not there is another grace period year for the old code. COMMSSIONER BARKER suggested asking the petitioners why they are choosing the code that they have selected. The results of that research might produce some incentives that can be offered for the developers to come in under the new code. The incentives could be fee abatement,

10 July 14, 2014 Page 10 of 10 streamline processing, or find out what could be facilitated to get the new code, which has been worked on for so long, into implementation. MS. MCCONNELL indicated that most of the applicants responses to why they chose the old code would be the unfamiliarity with the new code, and that they haven t had time to learn it. Maybe this means extending the grace period, but maybe this means they will be in this exact same position in December, At some point everyone will have to convert to the new code, and this is an incredible burden on the staff to implement two codes at the same time. K. COMMISSIONERS COMMENTS L. ADJOURNMENT COMMISSIONER WALKER moved to adjourn. COMMISSIONER STRIKE seconded. The meeting adjourned at 9:54 p.m.