Planning and Zoning Comission - May 12, 2025 - 2025-05-12 18:30:00

All right, we are going to call this meeting, the May 12th meeting of the Planning and Zoning Commission, to order. May we have the roll call, please?

Andre Spinelli. Here. Jared Gardner. Here. Radhika Krishna.

Here. Scott Pullis. Here. Jeff Rahn. Here.

Brandy Eber. Here. Greg Stryke. Here. Jim Winchester.

You have a quorum. Thank you.

First item, any disclosures? Any commissioners have anything to disclose?

Seeing none, we will move on to the public hearing. I'll start by reading the procedures by which the Public may speak to the Commission after staff presentation is completed on public hearing items. The chair will ask for public testimony on the issue. Persons who wish to testify will follow the time limits established in the Commission Rules of Procedure. Petitioners, including his or her representatives, will receive 10 minutes.

Part of this time may be reserved for rebuttal. Representatives of groups, community councils, PTAs, etc., will receive 5 minutes. Individuals will receive 3 minutes. When your testimony is complete, you may be asked questions by the Commission Commission. You may only testify once on any issue unless questioned by the Commission.

Any party of interest wishing to appeal shall first file with the Planning Director within 7 days of the Commission's decision made on the record a written notice of intent to appeal in accordance with 2103.050(a)(4)(a). Commission recommendations to the Assembly are not appealable. Following approval of the written finding of fact and decision, any party of interest may within 20 days file an appeal by by filing a notice of appeal and paying the appeal fee and deposit in accordance with 2103.050. The notice of appeal must be filed with the planning director on a form prescribed by the municipality. If the appellant is not the applicant, the appellant's notice of appeal shall include proof of service on the applicant.

May we please have the staff presentation on Case 2025-0041?

Thank you, sir. Chair, this is a request for conditional use for a warehouse or wholesale establishment light within the B-3 General Business District. The building currently houses a furniture sales establishment alongside the pre-existing general warehouse permitted by a non-conforming determination. Daniel Lyman, representative of AK Anchorage and Arctic LLC, is petitioning for the warehouse to expand its operations, occupy a larger portion of the building by adding a secondary use to the primary use. The amendment would allow almost all of the 121,000 square feet of the existing structure to be used as warehouse space, with some amount reserved for office space.

The Spinard Community Council expressed support for this case. Going on to the 9 standards presentation. Criteria 1: The proposed use is consistent with the comprehensive plan and all applicable provisions of this title and applicable state and federal regulations. This criterion is met. The site has a land use designation of a Main Street Corridor in the Anchorage 2040 Land Use Plan.

The proposed use is consistent with this designation as the application is a part of the warehouse redevelopment process. The development in is consistent with the, with several goals and policies of the Anchorage 2040 Land Use Plan, particularly Goal 2 for infill and redevelopment, Algon Line for industrial land. Criterion 2: The process— the proposed use is consistent with the purpose and intent of the zoning district in which it is located, including any district-specific standards set forth in Chapter 21.04. This criterion is met. The proposed use is consistent with the purpose and the intent of the zoning district.

A light warehouse is a conditionally used industrial— conditionally allowed industrial use in a B-3 district. Lack of pedestrian connectivity and landscaping is a legal non-conforming characteristic of the site. Criterion 3: The proposed use is consistent with any applicable use-specific standards set forth in Chapter 21.05. This criterion is again met. Staff finds that all applicable standards have been met.

According to AMC 21.05.060D.7.B.2.A.2, individual uses of up to 20,000 square feet may be proposed within a conditional use review for warehouse light-specific use. The proposed use is reported to be at 19,981 square feet, which is less than the 20,000 square feet allowed for warehouse light in a B3 district. Criterion 4, Criterion 5, Criterion 6, and Criterion 7 are all met. Criterion 4 specifies the site size, dimensions, shape, location, topography are adequate for the needs of the proposed use and any mitigation needed to address potential impacts. Criterion 5 is the proposed use will not alter the character of the surrounding area in a manner which substantially limits, impairs, or prevents the use of the surrounding properties for the permit— for the permitted uses listed in the underlying zoning district.

Criterion 6: The proposed use is compatible with uses allowed on adjacent properties in terms of its scale, site design, operation characteristics, hours of operation, traffic generation, light, noise, odor, dust, and other external impacts. Criterion 7: Any significant adverse impact— adverse impacts anticipated to result from the use will be mitigated or offset to the maximum extent feasible. These criteria have all been met. The site size, dimensions, shape, location, and topography are adequate for the needs of the proposed use. The existing building is not expanding its footprint.

The proposed use would not alter the character of the surrounding area. The building has been operating as a warehouse, and the proposed expansion does not alter the hours of operation, traffic generation, light, noise, odor, dust, or other external impacts. No significant adverse impacts are anticipated to the to result from the use either. Criterion 8: Any significant adverse impact anticipated to result from the use will be mitigated or offset to the maximum extent feasible. This criterion is also met.

The building will continue to be accessed by Arctic Boulevard as it had been previously. No significant new traffic is expected to be generated by the proposed expansion of use. Criterion 9: The proposed use is appropriately located with respect to existing band or planned water supply, fire and police protection, wastewater disposal, stormwater disposal, and similar facilities and services. This criterion is again met. The proposed use is already served by water, sewer, and other services.

No significant change is expected with respect to the proposed expansion of use. Other agencies and public comments. Reviewing agencies— agency comments are included in Attachment 3, starting on page 63 of your packet. There were no objections to the proposed conditional use. Additionally, on April 16th, 2025, a total of 557 public hearing notices were mailed in accordance with, with the procedures AMC 21.03.02H.

As of this writing, no public comments were received.

Coming on to recommendations, staff finds that all 9 criteria are met. Therefore, the department recommends approval of the conditional use subject to the following conditions: Conditions 1 and 2 found on page 7 of your staff packet. I can answer any conditions the board may have, the questions any, any questions of the board may have, and the petitioner is in attendance. Thank you. Thank you.

Are there any questions for staff?

Hearing none, we'll call up the petitioner for presentation.

Melissa Branch with Big City Engineers, and I have the petitioner Daniel Lyman with me. Excuse me. We've worked closely with the planning department. The conditions are pretty straightforward, so we're not going to make a huge presentation. We're here to answer any questions you may have.

You have 9 minutes and 45 seconds for rebuttal. Are there any questions for the petitioner?

Seeing none, we will open the public hearing. Anybody from the public wishing to testify, please step forward.

Um, going once, going twice, anybody on the phone? Uh, we'll close the public hearing. Would you like to use your 9 minutes and 45 seconds for rebuttal. Okay, we will close. Any further questions from the commission?

Hearing, seeing none, we'll close the public hearing. What is the will of the body?

Commissioner Krishna, you— would you like to state your motion? Sure, I move in case 2025-0041 to approve a conditional use for a light warehouse within the B-3 district, subject to conditions 1 and 2 as shown on page 7 of the staff report.

That's seconded by Commissioner Streich. Would you like to speak to your motion? Sure, I intend to support this motion. Um, to add some findings, I would say that this has been a long-time use of this property. Uh, majority of this property has been a warehouse use.

And, uh, going from a substantial portion to almost a complete portion of this property will now be a warehouse use. Um, the traffic impacts will actually be reduced as there'll be, uh, no direct pickup. And, uh, there was no objection from the local community council, nor were there any comments or received by the public, um, for this hearing.

Anyone else wishing to speak to the motion? Commissioner Rahn.

Thank you, Mr. Chair, Commissioners. I intend to support the motion as well. I did want to put on the record, while I recognize staff's findings and agree with it, that with respect to the lack of required pedestrian walkway as conforming, given the construction of the building and codes in place at the time. I would implore the petitioner to take a look at the site, giving due consideration to your operations and your workforce.

If there is need driving, separation of vehicle traffic from pedestrians or bicyclists, would ask you to give consideration to that, understanding that it's not a code or Title 21 issue, but the direction that the community has moved in, in terms of looking at non-motorized pedestrian safety. Thank you.

Anyone else wishing to speak to the motion? Seeing none, we'll call for the vote.

That motion passes.

Next item on the agenda, Title 21 discussion. Is there anyone— any commissioners or staff have anything to discuss regarding Title 21?

This is Elizabeth Appleby, current Planning Division Manager. I can give a super brief preview, I suppose. So there were several amendments to Title 21 adopted at the last couple assembly meetings in April, uh, coming before the Planning and Zoning Commission. There will be two amendments at the— I forget if it's the first or the second meeting in June, but at one of your June meetings you will have it's the second meeting. Yeah, the second meeting in June, there will be nonconformities and manufactured housing.

Those two code changes will be before you. That's what I got. Thank you.

Commissioner Krishna. Sure. This is adjacent, but— and I'm sure the Commission has already heard about this, but last month also the Assembly passed, I I think the most major property tax abatement ordinance that we've seen in many, many years. I would encourage the commission to take a look at that. You'll still have to look through the assembly packets to find the version that was passed, as it's not fully on the website yet.

But I believe it's up to 30 years in some cases. So would encourage everyone to take a look at that. [FOREIGN LANGUAGE] I suppose in looking back at my notes, I'll highlight two things that this Commission will see and one item that you did see. So the Girdwood Comprehensive Plan was adopted and is effective. They did incorporate many of the— this Commission's recommendations.

There also recently was a change to our rezoning process that was adopted. So the Planning and Zoning Commission We'll still see all rezonings, but there will be a change in the review criteria where if, if a rezone is implementing the comprehensive plan or removing a special limitation, there will be fewer criteria that the Commission will use to review the rezone.

Let's see, skimming. I'd say for the other ones, I believe the Commission has a link where we've been maintaining some of the Title 21 code changes. Um, so all of the— these should be up there, but I think those are the most pertinent to this commission. Um, and feel free to reach out if you do end up having any other questions on either recently adopted code changes or upcoming ones.

I just want to thank staff. I find this very helpful. I had not followed some of those items, so having a little bit of an update about ways in which our work is affected or might change or what we might see is incredibly helpful. Thank you.

I will just add that if you haven't checked out the new Title 21 page that tracks all cases that may or may not come before us, It's very useful, so I recommend it.

Any other Commissioner comments?

Seeing none, may entertain a motion to adjourn.

That is moved and seconded. We are— any objection? Hearing none, we're adjourned.