[Music] we have the call please Andre Spinelli here Jared Gardner here reica Krishna here Jim Winchester here Scott pulus here Brandy Eber here Jeff Ron Daniel are excused you have a quorum thank you okay we will start with a motion to approve the minutes moved by commissioner Eber seconded by commissioner Gardner is there any discussion on on the minutes any objection hearing none the minutes are approved are there any disclosures uh commissioner Eber um I have done work for clut eek as an appraiser in the past 12 months um they're the petitioner for case 2024 z19 um none of my work has pertained to the uh the petitioner par do you have any Financial connection or special knowledge related to this project no okay we will rule that you do not have a disclosure unless anybody objects out of conflict hearing none you can participate commissioner pth I'll abstain from voting on The Resolution as I was absent during the February 5th meeting commissioner Winchester any disclosures Krishna I was also absent during the last meeting and will not be uh voting on the um resolution commissioner Gardner anything to add no disclosure this is commissioner strike no no disclosures Lori you missed me on the roll call can you please repeat that uh this is commissioner strike uh Lori you missed me on the roll call and I have no disclosures thank you moving on um would we like to have a motion to reorder the agenda to move the annual election of officers moved by commissioner Winchester seconded by commissioner Eber any discussion or objections seeing none that motion passes uh motion to approve the consent agenda it's moved by commissioner Winchester seconded by commissioner Eber is there anyone wishing to pull any an item from the consent agenda for discussion hearing and seeing none the consent agenda is approved uh now I'll read the procedures by which the public may speak to the commissions at its meetings 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 him 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 five minutes individuals 3 minutes when your testimony is complete you may be asked questions by the 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 seven days of the commission's decision on record a written notice of intent to appeal in accordance with AMC 21035 a4a Commission recomend recommendations to the Anchorage assembly are not appealable following approval of the written findings of fact and decision any party of Interest May within 20 days file an appeal by filing a notice of appeal and paying the appeal fee and deposit in accordance with 2135 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 notice the appellant notice of appeal shall include proof of service on the applicant can we have the staff presentation on case 2024-the within the C- or chuak Eagle River transition District the site already has sandin gravel extraction a snow dump and a fill area for concrete stumps uh for concrete stumps and organic soils approval of this new conditional use would allow an additional inert fill site Southwest of the existing uses that would accept building materials such as Windows rebar wood and Masonry Products the new fil site would not accept contaminated soils or chemically treated wood the Planning and Zoning commission may approve this conditional use application if all of the criteria have been met the department finds that criteria 1 through nine are all met I'll Briefly summarize the nine criteria and the Department's findings Criterion one the proposed use is consistent with the comprehensive plan this is inclusive of the 2020 Anchorage bull comprehensive plan and the 2006 two Yak Eagle River comprehensive Plan update Criterion two the proposed use is consist with the purpose and intent of the transition zoning District permitted uses in this District are intended to be as flexible as possible uh the transition zoning district is for areas that are not developing and are not expected to develop in the immediate future with along definitive land use lines Criterion three the proposed use is consistent with any applicable use specific standards for landfills uh there is a condition of approval that requests documentation of an approved application from the state uh to meet uh one of the use specific standards Criterion four the site size dimensions shape location and topography are adequate for the needs of the proposed use conditions of approval mitigate for Onsite storm water retention Criterion five the proposed use will not alter the character of the surrounding area the surrounding properties are within the same zoning district and the say already has existing similar uses Criterion six the proposed use is compatible with uses allowed on adjacent properties the the new conditional use does not alter the existing hours of operation traffic generation lighting noise odor or dust Criterion seven any significant adverse impacts uh from the use will be mitigated or offset to the maximum extent feasible Criterion 8 the use is appropriately located with respect to the transportation system traffic engineering provided comments on this case that no additional traffic impact analysis is necessary and finally criteria nine the proposed use is appropriately located with respect to existing facilities and services as the criteria for permitting a conditional use are met the department recommends approval subject to conditions one and two in the staff report uh which again require filing uh a not notice of zoning action with the state a copy of approval from the state and a drainage Report with plans for Onsite retention retention of storm water runoff uh that is the end of my staff report and I'm available for questions are there any questions for staff seeing none we will start with the petitioner's presentation hi I'm Melissa Branch BR anch with big city Engineers here on behalf of cluen Inc and I have several Representatives with me um Elizabeth did a great job of summarizing it so we're really just here to answer any questions you may have I see no questions not so fast commissioner Krishna has a question I'll I'll start us off which is that um construction fill is um not commonly accepted at most uh Anchorage sites right the Anchorage Regional Landfill doesn't accept construction fills is that correct so this is a would be one of the only um sites to accept this type of material in the bowl is that correct correct so what it's happening now is a lot of it is going out to the valley just to follow up um do uh could you share a little bit about where you anticipate some of the uh construction Dee coming from is it from um projects from the applicant or uh projects from other developers thinking projects largely from other developers I mean to serve the community as a whole so I mean if somebody's tearing a building down or they're redeveloping a site that it would come it's not just for cluess use thank you commissioner Gardner thank you I think this would be just a quick question I was hoping you could clarify the expected timeline for the for the Phil um project I think I saw 50 years somewhere in here and then somewhere else referenc 20 and I was just wondering what it what the thought was so they're looking at a 50-year timeline I mean just based on what they anticipate so clud I mean had to estimate right what they think that they will get on a yearly average and that they think that it'll take about 50 years to complete the the fill up operations okay thank you commissioner pis real quick just regarding like the storm water comment do you know if the Culver's like at grade going under the railroad or if it's high low so that was actually a question that I was asking these guys before the meeting so there is a culvert but it's nowhere near this part portion of or the proposed in fil site is it's actually down near site 4 like down towards where the m like snow dump is and everything that's where those CTS are so it's something that we'll definitely clarify with the imun but there's nothing in this area to then us for us to Cross or have runoff leave the property and it did look like the area was kind of back flowing away from the railroad for a while and there's plenty of area down there for the water to come down and settle yes exactly and that is what we're anticipating doing yes okay thank you I see no more questions okay anyone from the public wishing to testify com if you had anything to say now would be the time to say it please um start by pushing the green button and then stay your name for the record yes my name is Royce B Martin I'm a more than 50e resident of Eagle River uh been in a community seen a lot of things happen uh I think things like this uh it'll reduce carbon footprint uh just because the place we have to go now is actually by the fairgrounds believe it or not in Palmer Alaska demo has a site out there and you know you're have a lot of trucking and that and emissions and and thing are a concern so as far as uh if you can get these type of things in close proximity to to the to the jobs that we're doing uh I think it it makes sense you know just to keep it pretty short at that uh if anybody had any questions for me I mean I've been a contractor for 43 years and the community and I work pretty much just within Eagle River chuak area and uh I I think we just need to be open into these type of solutions to you know our uh our debris cuz uh you know I can't see failing a landfill because I think you'd mentioned 50 year for this site if you take that material and take it to the regional Landfill uh you know that's more designed with chemical liner and everything for you know uh household debris so I think things like this are we should be pretty receptive to it and and open to it so and I I don't see any impact with that area whatsoever so if anybody had any questions that's pretty much all I have thank you are there any questions I don't see any questions okay hey thank you for your time thank you uh anybody else wishing to testify on this item you have 9 minutes and 47 seconds for rebuttal I don't know that we have any rebuttal I just thank you for the time and for the questions that allowed us to clarify any final questions for the petitioner or staff seeing none we will close the public hearing what is the will of the body commissioner chrisan would you like to State your motion sure I move in case 2024-the dis to include disposal of construction debris within the C District subject to the conditions shown on pages six and seven of the staff report that's seconded by commissioner Gardner would you like to speak to your motion sure I intend to support this motion um I'd also like to state for findings that we received no comments in opposition and um one uh piece of testimony in support um I will also add that from my time on the solid waste and recycling uh commission which I hardly ever get to talk about um that this is uh Community need and if you look at the solid waste ma Services master plan we've actually had a longstanding lack of a site for construction fill within the bowls so um it it sounds like this will serve um the entire uh area thanks anybody else wishing to speak to the motion seeing none we will call for the vote Mr strike how do you vote yes thank you that motion passes now we will move on to the staff presentation in case 2024 d23 thank you Mr chair this is a conditional use application for land land reclamation that is needed in preparation of future development of the proposed site for an automobile dealership the preparation of the site for this development will will require excavation of existing material and import of classified material exceeding 50,000 cubic yards the site is currently accessed by three existing driveways along 100th Avenue and two existing driveways along King Street access for future development will utilize these existing driveways a pre-application Conference was held on December 27th 2024 in accordance with AMC 2103 080 C2 a community meet meeting was held at Dow in their chak room chugat room on December 13th 20123 in accordance with AMC 2103 8c3 73 public hearing notices were mailed on February 20th 2024 as of this writing no responses have been received from the public the bayor Clack community council did not provide comments Municipal reviewing agencies have no objection to the conditional use for land reclamation their comments are attached and are found starting on page 84 of your staff packet the Planning and Zoning commission may approve a conditional use application if in the Judgment of the commission all the following nine criteria have been met in all material matters planning staff has found that that all nine approval criteria have been met this conditional use was was required due to criteria number three found on page five of your staff packet the proposed use is consistent with any applicable use specific standards set forth in chapter 2105 the use specific standards required and AMC 21560 b5b 1 for for land reclamation of a size greater than 50,000 cubic yards requires the following use specific standards the pro the project is in an industrial district the site is located in the I2 heavy industrial district the project is not adjacent to a residential district the closest residential district to this project is 1300 ft to the Northwest this project site only uses arterial streets or greater as designed in the official streets and highways plan this section of 100th Avenue and King Street are identified as collector roads per the Moa official streets and highways pled hence the conditional use requirement and the project site operations will be completed in less than two years this operation will conclude in the fall of 2025 therefore staff finds that all nine criteria have been met and recommend approval subject to conditions one and two on page 12 of the staff packet I can answer any questions that the board may have the commission may have and the petitioners representative da is in attendance any questions for staff commissioner Gardner thank you thank you for the um report my question just relates to the comment from watershed management services on page 85 of the packet where they reference the stream and um potential setbacks and I didn't see that specifically addressed I'm guessing because it's not really directly relevant um to this application but I was wondering um kind of what the planning Department's view was of you know when or how that comment might be appropriately addressed through the chair to Mr G um so I noticed that too Watershed kind of made their comments as if this was a platting action like the it was being platted uh I'm not sure and and uh luquita could probably answer this at this time there is no platting action proposed and their plan for uh Reclamation takes into account that the there is a stream or a a drainage to the north on this Pro on this property thank you seeing no more questions for staff we will can we please have the petitioner presentation for good evening my name is Lita chimi I am the land use planning manager at D and I'm here tonight representing Kendall for their uh land reclamation conditional use permit and I do have representatives from Kendall with me here in the audience tonight and I'd like to reserve any remaining time I have for rebuttal so as staff mentioned the project site is located at the northeast corner of 100th and SE just to to the north of the uh Target shopping complex in South Anchorage it does consist of two tracks of land tracks one and two of the fair weather subdivision they're both currently developed and the build existing buildings will be raised as part of this project so not only is the property zoned I2 heavy industrial but as you can see from the zoning map all the surrounding properties are also zoned I2 heavy Industrial so the conditional use permit is really for the earthw work that's needed to complete the construction of the development um because we have the soil's conditions at the site there's fill across the site that is anywhere from 2 feet to over 21 ft that needs to be removed in preparation for the building and parking lot construction so with that we have about 60 to 70,000 cubic yards of uh excavation and fill that'll occur at the site so at before we start construction we did include an erosion sediment control plan um that would be implemented as part of a storm water pollution prevention plan that would be required as part of our building permit process that plan would get implemented by the contractor and maintained throughout to M to make sure that any storm water uh at the site is managed throughout construction so there'd be things like the site is already fenced um there may be Waddles or storm drain Inlet protection uh we also have the existing driveways which we're currently showing as construction entrances and exits so when construction begins they'd be uh working during normal municipal hours from 6:00 a.m. to 10 p.m. Monday through Saturday uh the traffic for construction would be temporary in nature and and not a huge amount of traffic there is a traffic impact in analysis that's being completed for the project itself uh and that's being coordinated with the municipality and do we also will have a storm drain infrastructure plan and drainage plan as part of our building permit process uh for that final stabilization of the site and then the at the end we will also have landscaping that's installed in areas that aren't covered by pavement or building and those will meet title 21 requirements and again this is all item that are required for our building permit before we can start work at the site so this is just an example of the final landscape plan um I know someone was asking about the drainage so there is a a easement up at the North End and you can see we have plans for a sedimentation Basin up at the North to capture a portion of the storm water runoff and then another one down at the uh southwest corner and then there would be a pipe system uh on on site to direct water to those two locations and with that I'm happy to answer any questions any questions for the petitioner this is commissioner strike go ahead commissioner commissioner strike thank you uh to the petitioner um is there any concern on the existing soils on this site uh have they been tested I believe that if one has been completed and I can actually if I like to have one of the folks from Kendall come up and speak specifically to that I I I only ask that in that this site has been um speculated for some time that the fill that was brought in was substandard to begin with and there was you know talk around town for years that it was contaminated do you want to speak to that Todd I believe this site was previously owned by Boco I'm not familiar with that name my name is Todd McFarland I am the property manager for Kendall Auto Group and I am here to answer any questions you have on it with regard to commissioner strikes questions I believe that we purchased the property from alpha marine services who had own the property for approximately 10 to 12 years prior to our purchase of it in 2020 maybe 2019 I'd have to look uh the site and that's and that's and that does sound about approximately correct I am talking about prior owners when the fill was brought in there was a lot of speculation among um folks in town that the I I I so the question is you've done a phase one and that phase one apparently has passed your um review so I'll leave my open question is that I I believe the question is you it looked like you indicated you have a phase one and a phase two and I think commissioner strike would app appreciate if you could confirm the rumors over the years that the material on site might be contaminated or not with respect to there's two tracks to this property and we have had a phase two and one uh environmental study done on track one we're in the process of completing those on track two track two has not yet been acquired by us it's under contract we are trying to determine the extent of which we believe there's environmental difficulty with track 2 with respect to track one which is the larger 26 acre parcel that track has a uh uh no further action letter from uh ADC uh with respect to that property that property has been remediated environmentally by us after our purchase thank you thank you commissioner pth just one more quick on the the stream they called it a stream and I don't remember exactly what the setback for stream was was it 75 ft now or is it uh depends on the category of stream and that sets the setback um but in this case I'd have to go back and look there it's within an easement so we're not propos osing to get within that easement with any of our development that easement was like 30 ft at least yes it is is a stream on their property or is it like yeah kind of adjacent to like adjacent to the northern property boundary okay I'm done any other questions I see no more questions anyone from the public wishing to test testify on this matter please step forward and state your name going once going twice um are there any final questions or I guess first your rebuttal would you like to rebut all those comments I just want to thank everyone for their time and I'm happy to answer any other questions I I see no questions think we're ready to close the P oh yep um are we going to see a major site plan review for the development later is that going to come around through the chair uh commissioner pulse no no no they'll this is just so they can get the site prepped then they will get their building permit and and an automobile dealership is permitted in the I2 so and again the unfortunately the only reason they're here is because 100th Avenue and King Street aren't arterials had they been classified as arterials in the Os Os &p we wouldn't even be here okay we will close the public hearing what is the will of the body commissioner pus would you like to State your motion I'm moveing case 202 24-23 to approve the conditional use for land reclamation subject to the condition shown on page 12 of the staff report seconded by commissioner Eber commissioner pis would you like to speak to your motion yeah I just like to note um meets the criteria noted in the staff packet um no real public opposition um and then as far as I could tell the future development looks to be responsible and permittable plan so is there anybody else wishing to speak to the motion seeing none we'll call for the vote Mr strike how do you vote y thank you motion passes thank you to the fun stuff the annual election of officers so does somebody want to make a motion nominating a chair and vice chair commissioner Krishna has I I moveed to have chair spelli continue as chair seconded quick okay any discussion um anyone wishing to speak to this motion commissioner pus I think how this usually works is we ask you if you are okay be the next chair again I don't want to lie yeah I'm fine I'm fine I think I'm starting to figure it out commissioner Eber did you okay let's uh vote on that one there is there any objections hearing none that motion passes next we need a vice chair motion by commissioner Gardner would you like to State your motion um yeah I feel like we've been um rolling pretty well with these meetings and I'll move to keep commissioner Krishna as Vice chair commissioner Krishna are you willing to accept this motion if no one else wants the uh the title if that is moved by gardener commission seconded by Winchester any objections hearing none that motion passes any comments from Commissioners commissioner CHR commissioner strike commissioner strike commissioner strike did you have a comment I I do and I want to thank both the um yourself and rad Krishna for the your service and your willingness to step up and um proceed here for the next um year uh really do appreciate the work and the efforts that you both put in it's recognized and um a big Applause to both of you thank you thank you thank you uh commissioner Krishna sure I had just a a little comment maybe mostly for staff that I wanted to um just ask about which is that the assembly has recently passed um two ordinances 20246 which removes some open space requirements and 2024-25 which um I think uh goes to our discussion at our um January meeting about some design standards for driveways um uh this might just be a a thing uh that we might uh benefit from a staff presentation on so we understand th how those uh changes affect the code thank you very much can you through the chair commissioner Krishna can you email those to Lori and myself and I'll I'll get that forwarded so that you can either through email or someone will come and discuss those with you if that would work I sure can thank you thank you all right if there's any other comments make them now otherwise we could entertain a motion to adjourn motion to adjourn moved and seconded we are [Music] done