Anchorage, Alaska



Girdwood Land Use Committee

Regular Meeting on April 11, 2016

Meeting Minutes

Announcements:

Alaska Department of Transportation will hold open houses to review proposed safety improvements to Seward Highway MP 105-107. Key aspects of the proposed improvements include road and railroad realignment, wider shoulders and additional travel lanes to enhance passing and highway access, and new pedestrian and parking areas to enhance recreation and scenic/wildlife viewing.

Girdwood Open House WED April 20, 2106 from 6-8PM at 426 Crystal Mountain Road, Challenge Alaska Building

Anchorage Open House TUE April 19, 2016 from 3-6PM at 109 West International Airport Road, Crowne Plaza Hotel

Online Open House April 5-May 6, 2016 at

More info available: Anne Brooks 866-535-1877; windycorner@; website is:

Agenda Item LUC 1604-01:

Call to order by Brian Burnett

Remainder of April agenda approved with change to title of item 1603-05

March Minutes Approved with no changes

Minutes Approval for March 21 Quarterly LUC/GBOS Joint Meeting was tabled as copies were not made for meeting.

LUC Officer reports – none

LUC Officers note that attendance at this meeting is strong. Specific areas of concern that community is attending to address are: Girdwood Industrial Park, Marijuana Special Land use Permit applications

Presentation:

Heritage Land Bank presentation updating LUC on the status of platting the Girdwood Industrial Park. Presentation by Nicole Jones-Vogel, HLB

Project to go out to bid shortly. Plan is for lighting at intersection only, and paving/sewer through Phase 1. Construction this summer, completed by end of construction season. Phase 2 is 2-5 years out from construction, most likely. Trail easement for the Iditarod National Historic Trail is included in plat.

Current lessees receive first right of refusal for their lots in Phase 1. There are 3 lessees in that area. MOA had appraisal done on land and are planning to charge 8% of the appraised value for long term lease, total is approx $750-$800 per lot per month. This is significant change from current rent agreements, which are annual and can be cancelled with minimal notice and are roughly $1200/year.

After current lessees have had opportunity to lease lots, sealed competitive bids will be accepted for remainder of long term lease lots. Industrial park is to be brought up to industry standards, providing structure and ability for lessees to confidently improve on lots and confidently build within their platted leased land.

Concerns brought forward by community are:

List of potential lessees was kept by MOA HLB but is now not being honored.

Originally this property was to be sold, not leased for long term.

Concerns of zoning and what industrial activities are allowable on the land

Concerns of the sewer necessity, design, and need for backfill

Concern of sewer line elevation

Concerns of wells to be placed by lessees and quality of well water south of former AWWU settling pond

Girdwood Land Use Committee Meeting Agendas and minutes are available on line:

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Concerns of the paving necessity

Creation of driveways/drainage swales/elevation changes in Phase 2 that are not conducive to work trucks

Concern about grade of Phase 3 and potential sewer connection issues.

Issue with bringing this at the 95% design phase when last discussed at LUC and in community it was still just in the platting phase. MOA projects should go through same public process as private ventures.

Soil testing should be completed on entire parcel.

Response of HLB:

Land is to be self-sustaining (cost of lease pays for cost of land improvements)

Long term need is to bring road and sewer system in. Plan is to build for future need.

Public comment and review has occurred as required.

Lessees can have own appraisals performed if they disagree with land value appraisal.

Concerns should be brought to the Heritage Land Bank Advisory Commission. Next meeting is April 14 at 11:30 AM at 4700 Elmore Rd, room 170. This meeting also includes HLB Work program and 5 year management plan. Comments may be submitted now through Nicole Jones-Vogel: Jones-VogelNK@.

Lewis Leonard states that this is a HLBAC issue and issues of road improvements and sewer are based on Title 21. It is outside of LUC.

Tim Cabana states that this is the same issue with Title 21, Chapter 9. Girdwood needs to work to change code so that sewer and paving are not required at this time. If change makes it through LUC and GBOS, it will go to assembly and likely be approved. He encourages LUC to work toward amendment of Chapter 9.

Brian Burnett asks Nicole Vogel-Jones what message she will take back to HLB from this meeting. Nicole states that most of these comments have been heard before and HLB is aware of them.

Agenda Item LUC 1604-02: Public Comment

Pat Preis speaks on behalf of the Girdwood Clinic Board of Directors. Girdwood Clinic recently received federal health care grant funding (CHC). As a result, the clinic needed more office space for additional staff. Adding mobile unit at back of lot. LUC asks if any action is needed by Land Use. Pat says none is known to be needed at this time.

Diane Powers speaks regarding recent election. There have been questions about who can vote in elections. She confirms that anyone who comes to vote at a precinct can vote. Question ballots are cast if voter is not on voter rolls, question ballots are reviewed by Division of Elections.

Agenda Item LUC 1604-03: Committee reports:

Trails Committee Report (Brian Burnett)

Trails Committee met on April 4 at the Glacier Ranger District Office.

Discussed Alaska Trail Volunteers work on the Beaver Pond Trail.

Arlberg extension and connection of new trail from parking lot to Winner Creek Trail. Passed motion to pursue FLAP grant to secure funds for trailhead signage, toilet facilities, and multi-use trail.

Summer Trail work plan: SCA work on Beaver Pond Trail, Volunteer work on Iditarod Trail, work with school on bridge across Tiny Creek.

Trails Plan – working document currently being drafted/edited. Planning to bring forward for review in summer.

Kiosks have been built for Hand tram stations.

Regular Meeting on May 3 will be hike to confirm scope of work for SCA on Beaver Pond Trail. All are welcome, meet at USFS at 7PM to start walking.

Girdwood Area Plan Review Committee (Diana Livingston & Lewis Leonard)

This project is pending completion of Anchorage Bowl map and review. Likely no progress until after June.

Cemetery Committee (Tommy O’Malley)

Continuing to work on RFP for feasibility study.

Title 21, Chapter 9 Review Committee (Tim Cabana & Marco Zaccaro)

Tim Cabana says he’s put about 100 hours in to review of the Title 21, Chapter 9 Girdwood Land Use regulations. Major issues that need to be addressed are parking, building codes, number and differences in commercial districts. Hoping to streamline document and provide edits at May LUC meeting

Di Powers recommends that he review issues relating to Crow Creek neighborhood also.

Plan is to bring revisions to LUC and GBOS and then take to Anchorage Assembly for approval.

If questions or concerns, call Tim Cabana 783-3297

Marco Zaccaro states that right now he doesn’t have time to be as involved as he would like in document review. So many different number of commercial and residential districts resulted from input at original drafting of document.

Lewis Leonard asks for draft to be provided to Girdwood MOA staff so that they can place on website for review. Document must annotate changes to be sought and provide narrative to explain the changes.

Old Business:

Agenda Item LUC 1503-07: Update on Law Enforcement Ordinance.

Current election results are 369 in favor of Prop 9, 375 opposed. Remaining to be counted are Question ballots. Review of ballots is THU April 14. Question ballots to be counted on FRI April 15 and election should be certified on TUE April 19. Recount can be requested.

Public Safety Task Force met last THU and discussed what to do in the event that the proposition fails. Public attending meeting voted to support resolution for GBOS to lobby all levels of state government and public safety to keep enforcement at current levels and provide service to Girdwood.

Agenda Item LUC 1603-05: Update on status of tri-folds to clarify Conditional Use Permit process, Marijuana Special Land Use Permit process, and other MOA Title 21 development activities.

Lewis Leonard presented document that outlines process for Marijuana Special Land Use Permit for group to review. Group read and made edits to document. Purpose of document is to give petitioners for permits a guideline for procedure in pursing Marijuana Special Land Use permit.

Marco Zaccaro confirms the conditional use permit process was recently changed through Title 21 amendment. Now petitioners come to LUC/GBOS to receive support, and then go to planning, where changes to site plan may be made. There is no requirement to come back to LUC/GBOS with final documents from city review.

Motion

Land Use Committee moves to accept the Marijuana Special Land Use Permit document as amended at the Girdwood Land Use Committee meeting.

Motion by Sharon Samuels, 2nd by Mike Dalzell.

27 in favor

4 opposed

3 abstain

Motion passes

Agenda Item LUC 1603-07: Turnagain Herb Company, Seth Molen and Marco Zaccaro, 2nd presentation regarding site plan, design and permitting for proposed marijuana retail store on Crow Creek Road. Seth Molenn presents Memorandum of Understanding outlining the business practices of the proposed marijuana retail store, discussing parking, security, required surveillance, etc.

Marco Zaccaro presented the site plan, showing the location on Crow Creek Road. Plan is to build on existing gravel pad on the North end of the lot, using existing trees to screen building from neighbors. Structure will be 1 story building, approx 2500 sf, parking for 7 vehicles, paved driveway. Code allows for commercial structure on this land to fill 40% of the property, this structure fills 4% of the land.

Steve Delatush, Jeff and Sharon Samuels are close neighbors with residential land that borders the commercial property. Both groups provided letters stating that they do not support this project in this location.

Issues are:

proximity to residential area without buffer

light pollution from required lighting

privacy concerns related to required video surveillance

lack of law enforcement, armed security without backup

marijuana retail business is seeking permit for location 1000’ away.

Possible future development of land to occupy more of the lot than is currently projected.

Neighbors request that Marco look in to moving driveway farther from their property. This change would move building structure closer to their land, however. Steve Delatush also mentions fiber optic cable providing issues with putting driveway in.

LUC attendees discussed law enforcement concerns with cash only business; studies that show that marijuana is less harmful than alcohol, etc. Hours of old Maxine’s bar compared to THC business plan.

Mike Edgington asks if there is law on how many retail stores can be within a certain proximity of each other.

Marco Zaccaro suggests solutions to buffer commercial business from neighbors:

Turnagain Herb Co to donate land to conservation trust, to hold that land un-developed into perpetuity. Plant trees to add to screening of building from view shed of neighbors.

Motion:

Turnagain Herb Company seeks a Letter of Non-Objection from the Girdwood Board of Supervisors for the Special Land Use Permit as required by Municipal code 21.09. This request for Letter of Non-objection is based on the following:

Projected employment for approximately 10 people, creating local jobs

Keeping dollars in the local economy

Bringing regulation into a current environment where it is not currently present

Making sure sales to minors and others who cannot legally purchase marijuana don’t occur

Bringing new people and positive impacts to the local retail market through tourism

Leading by example in this new industry

Significant projected tax revenue

Active positive socioeconomic influence in the community as a whole

Community give-back programs (donations, scholarships, social clubs/fundraisers, other charitable giving)

Open to working with neighbors regarding concerns by setting aside property for conservation and planting of additional trees

Motion by Mike Dalzell, 2nd by Di Powers

17 in favor

11 opposed

4 abstain

Motion carries.

Comments prior to voting:

Jerry Fox states that he has concerns about public safety and this cash-only business. Sympathetic to neighbors concerns, but prefers this business model over likely bar/restaurant model.

Jeff Samuels states that although THC is willing to work with neighbors on buffering, he is not supportive of this business in this location. He believes this is an oversight by the MOA in allowing marijuana retail so close to residential area without buffer lot.

Lewis Leonard states that he doesn’t want to see this permit killed in Land Use. He speaks in favor of sending motion forward to GBOS.

New Business:

Agenda Item LUC 1604-05: The Herbal Cache, Susan Carse. Initial presentation regarding proposed marijuana retail store.

Susan Carse introduces herself as 23 year resident of Girdwood. Business partner is Rhonda Lambert.

Concept is mom and pop small business in the laundromall, in the old Mexican restaurant location. Modification to building to accommodate this business – changing walls, moving doors, adding security requirements.

Plan is for a boutique feel in this 650 sf location.

Open until 10 in summer, 9 in winter (same as laundromall)

Will return in May with site plan and specific information and will seek Letter of Non-objection from GBOS.

Lynne Doran states that she continues to have concerns regarding public safety with cash business. Also concerned about where people will go to enjoy their marijuana purchase – parties, vacation rentals, etc.

Jerry Fox asks about timing: open in June but no product until September? Answer is that there are other retail items to sell during soft opening.

Jeff Samuels asks what the overall potential in Girdwood is for marijuana retail. Answer is that there seems to be no accurate information on this. Likely high potential among visitors also.

Agenda Item LUC 1604-06: Move to Amend. Group left prior to LUC getting to this agenda item.

Add to agenda in May.

Meeting adjourned 11:20PM

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