2026-10-19 - Planning and Zoning Commission

00:26Okay. Let's call the October 19th

00:31meeting of the Planning and Zoning

00:32Commission to order. May we please have

00:34the roll call?

00:34>> Andre Spinelli

00:36>> Here.

00:36>> Jared Gardner

00:39>> Here.

00:39>> Radhika Krishna

00:40>> Here.

00:41>> Scott Pulis

00:42>> Here.

00:42>> Jeff Ron

00:43>> Here.

00:43>> Brandy Eber

00:44>> Here.

00:45>> Amal Abaza

00:46>> Here.

00:46>> Megan Mills

00:47>> Here.

00:47>> Edith McKee

00:48>> Here.

00:49>> You have a quorum. Thank you.

00:51>> Thank you. May we have a motion to

00:53approve the minutes?

01:02Moved by Commissioner Pulis, seconded by

01:04Commissioner Eber. Are there any

01:07comments on the minutes for Monday,

01:09September 14th or Monday, September

01:1121st?

01:14Hearing and seeing none, any objections?

01:18Hearing none, minutes are approved.

01:23Next item, special order business. Are

01:25there any disclosures?

01:30Commissioner Eber

01:32>> I was absent from both September

01:33meetings and will abstain from voting on

01:35the consent agenda.

01:37>> Thank you. Any other disclosures from

01:39the commission?

01:40Seeing none

01:43Move on. Um there was a typo on the

01:47original agenda. Case 2026-0124

01:51was added to the consent agenda.

01:54So, we'll be looking to pull that item

01:57from the consent agenda.

02:05So, is there a motion to

02:09pull any items from the consent agenda?

02:18Okay.

02:20Okay, is there a motion to approve the

02:21consent agenda?

02:28That is moved by Commissioner Krishna

02:31Krishna, seconded by Commissioner Mills.

02:34Anyone wishing to pull any items from

02:37the consent agenda?

02:53Commissioner Ron.

02:55>> I move to pull uh what's currently

02:57identified as item 5A, that's case

02:592026-0124

03:02from the consent agenda.

03:06>> Thank you.

03:11Are there any objections to the

03:12remaining items on the consent agenda?

03:17Hearing seeing none, consent agenda is

03:19approved.

03:21Next, move on to our regular agenda.

03:28First case, 2026-0124,

03:32may we please have a staff presentation?

03:35>> Thank you, Mr. Chair.

03:38I'm sorry.

03:40Thank you, Mr. Chair. Good evening,

03:42Commissioners. Daniel Knauss Foster,

03:44uh long-range planning, talking about

03:46PGC case 2026-124,

03:48which is the budget and capital

03:49investments, uh CIP CIB. We just For

03:52those listening, we just discussed this

03:54in a work session.

03:56Um and the slides discussed in the work

03:58session are available on the OMB

04:00website. Encourage everybody to look at

04:01that. So, um why do we do this? The code

04:03requires PZC to review the MOA, CIP,

04:05CIB, and the ASD, school district CIP,

04:08CIB.

04:09Long-range planning brings the CIP, CIB

04:11to PZC every year.

04:12And the planning department is generally

04:13not involved in the creation of the

04:14budget, just reviewing it and bringing

04:16it to you to make a recommendation.

04:18Um so, again in 2103, there's um this is

04:22a a a shall

04:24activity of the Planning and Zoning

04:25Commission. The Planning and Zoning

04:26Commission shall make, review, and make

04:27a recommendation to the Assembly and

04:29School Board regarding annual capital

04:30improvement program of the municipality

04:32and school district. Um the land use

04:34plan talks about the need to align align

04:36capital planning with uh

04:38uh the land use plans. And of course,

04:41more specifically, land use plan uh 2040

04:43land use plan policy 1.5 calls for us to

04:45align Anchorage's land use,

04:46transportation, infrastructure planning,

04:48design guidelines, and investments.

04:49Account for existing infrastructure and

04:51transportation system capacity and plan

04:52facility investments. Link capital

04:54improvement priorities with elements of

04:55the comprehensive plan, including the

04:562040 land use plan and area-specific

04:58plans.

04:59Um Director Brows talked a little bit

05:01about some of the limitations of this in

05:03a um constrained fiscal environment. So,

05:05I encourage anybody to watch the uh work

05:07session to hear her comments on that. Um

05:10and in also in our our report, we we

05:11provide just some overview, some trends

05:13that we've seen um with some changes,

05:15big-level policy changes, um other plans

05:18or things that have been adopted. Um so,

05:21we'd be glad to answer any questions

05:23about that. Um Finally, our

05:25recommendations um just mostly align

05:28investments with big-picture priorities

05:29of the plan. Um

05:31Treat capital projects as investments to

05:33spur other investments in the

05:34surrounding area. Um you know,

05:37find out a way to find to off-ramp

05:39projects. And as we have projects that

05:40are end up on project lists for years

05:42and years, and and the muni doesn't have

05:44a clear way of sort of letting those go,

05:46even if there might be um some invested

05:48time in that, but there's sort of a sunk

05:50cost fallacy related to that. Um if

05:52practical investments don't align with

05:54the conference plans, then update the

05:55plans. And um also consider long-term

05:58impacts. Every time we new build

05:59building new infrastructure, we have to

06:00think about there will be a cost to

06:02maintain in One day there will be a cost

06:04to rebuild that.

06:05Um and finally we recommend it sort of

06:08either honestly clarifying it priority

06:10reinvestment focus areas or just taking

06:11them off the map. They They show up in

06:13the map every year, but we we don't

06:14actually have any adopted reinvestment

06:16focus areas. Those are uh an official

06:18process that the assembly has to approve

06:19and we have not the minute has not gone

06:21through that process.

06:22Um so you'll see our recommendations um

06:25just review the CIB CIP, make any

06:27suggestions or recommendations for what

06:28we're forwarding to the assembly, and we

06:30have some suggested findings um that we

06:33talked about this at a work session and

06:34now here, and that also there's

06:37municipality face some uncertainty about

06:39revenue. So with that I'd be glad to

06:40answer any questions um or provide any

06:42additional information. Thank you.

06:46>> Um start with any commission any

06:50questions from the commission?

06:52For planning staff before we move on to

06:57director

06:59of OMB.

07:02Uh seeing none,

07:05we

07:06I guess I'd invite up

07:08director of OMB to

07:14share some comments about the plan.

07:36>> Thank you, Mr. Chair. On a brass,

07:37director of the office of management and

07:39budget.

07:40Um I believe uh this is uh

07:44the follow-on from all of the we

07:47information we just discussed for a very

07:49long time. If there are any questions um

07:51related to any specific capital projects

07:54or the capital budget planning process,

07:57um I am available. Otherwise, I think

08:00that the uh presentation traditionally

08:04before the planning and zoning

08:05commission involves the uh sort of

08:09approval or agreement that the capital

08:13budget presented in front of you

08:14includes projects and plans

08:17from municipal master plans.

08:20If there are additional uh

08:23findings that the commission would like

08:26to make related to the capital budget.

08:28I'm available for any questions to

08:29clarify.

08:32>> Any questions from the commission?

08:34Commissioner Ron.

08:37Uh thank you through the chair.

08:39Thank you for the presentation you gave

08:41during the work session

08:42and being open to questions during

08:45during the public hearing. My first

08:46question is

08:48with respect to the budget advisory

08:50commission resolution that's been

08:52issued. Nodding suggests that you've

08:54you've seen it, which is great. Working

08:56backwards, I'm most interested in

08:59their what they resolved, items seven

09:02and six for those of us following along

09:04at home.

09:06In the planning staff memo, it's on page

09:0923 and 22 of of 26.

09:13Item seven is a recommendation that the

09:14administration and assembly initiate a

09:16comprehensive evaluation of the current

09:17service area framework.

09:19And item six is the commission urging

09:22the administration and assembly when

09:24preparing and approving the capital

09:25improvement plan CIP to explicitly

09:28evaluate ongoing maintenance burden of

09:30expanding low-density road networks as

09:32opposed to encouraging higher density

09:35infill.

09:37So, two parts to that. If you could

09:40tackle them, interested to hear how if

09:42at all those recommendations

09:45were accommodated or not into the

09:47current CIP and CIP.

09:50>> Uh through the chair to Commissioner

09:52Ron, the budget advisory commission

09:54resolution that you were speaking about

09:55I believe was adopted

09:57within the last

09:59month or is that last year's that you

10:01are reading?

10:04>> Uh 2026-01.

10:06I believe it was um, the 13th day of

10:09August 2025.

10:10>> Right. So, that is the recommendation

10:12from the Budget Advisory Commission on

10:15what they would like to see out of the

10:16budget process. Um, as far as the

10:19service area review, we are doing that

10:22both with the Budget Advisory Commission

10:24and with the Assembly our Budget and

10:26Finance Committee meetings that happen

10:29uh, monthly include have included over

10:31the last many months a service area

10:33review. There are presentations on both

10:35the Budget Advisory Commission website

10:37and the Budget and Finance Committee

10:40website um, that uh, include uh, sort of

10:44a robust defining of what service areas

10:46are and how it creates a challenge

10:49within our municipal structure.

10:51Um, if the question is are we revising

10:55service areas in this budget? Um, the

10:58answer is not to my knowledge uh, and

11:01but that is a conversation that is part

11:03of this

11:05transition that Anchorage is in is is

11:08the service area model the way we move

11:10forward and if so, it you know, are

11:14there other ways that we can adjust that

11:16give us more flexibility than we

11:18currently have particularly for large

11:20community investment.

11:24Uh, in terms of maintenance and uh, can

11:27you tell me that part again?

11:30>> Uh, sure. To recap um,

11:34Commission Resolution 6 um, urging the

11:37administration and Assembly

11:39um, to evaluate the ongoing maintenance

11:41burden of expanding low-density road

11:43networks

11:44um,

11:46as opposed to encouraging higher density

11:48um, infill type developments.

11:50>> And in terms of deferred maintenance

11:53generally versus deferred maintenance

11:56with road infrastructure etc. I think we

11:58have the same challenge with both which

12:01is that we are not funded in the way

12:04that allows us to make discretionary

12:06choices for the most part particularly

12:08for the last decade. Um, our budget as

12:12we discussed a little while ago, we are

12:14funding at a $50 million level on an

12:17annual basis as opposed to a $250

12:19million level on an annual basis, and

12:22that means that the bulk of our choices

12:24come down to what absolutely needs to be

12:26fixed tomorrow and how can we fund that?

12:29Let's forward that revenue. Um, the

12:32total deferred maintenance of the

12:34municipality, including facilities and

12:36roads and stormwater, we're working

12:38through a process right now of

12:40collecting all of that information so

12:42that we can have a more robust planning

12:45process going forward on all of these

12:48items. What are the costs and how much

12:51of these different needs do we have so

12:53that we can start to plan appropriately

12:56with either the revenue that we

12:57currently have or with any revenue that

12:59we are able to design and plan for.

13:10>> Thank you.

13:10>> I'll stay engaged with the process as it

13:12moves forward, perhaps to work the

13:13question from um,

13:15um, in another venue. Thanks.

13:21>> Any other questions?

13:25Uh, Commissioner Ron.

13:29>> Uh, thank you through the chair. Um, Ms.

13:31Bronson, I'm not sure if this question

13:32is, um,

13:33best suited, uh, for for you to respond

13:36to or perhaps someone else from from,

13:38uh, the administrations

13:39um, here tonight. Again, referring to

13:42the memo, page 19, um, there's a listing

13:45of projects. Um, this one caught my

13:48attention. Um, the

13:51Long Range Planning Department, with an

13:52eye towards long range planning, um, put

13:55forward some thoughts around, um,

13:58some projects that are out there, in the

14:00news, um, money's been spent on in terms

14:02of preliminary design, perhaps even. Um,

14:05and one of those projects, um, is the

14:07Seward Highway project, mile post 98.5

14:10to 118.

14:12Um, I'm interested in the relationship

14:14between projects like that and other

14:16priorities that AMATS uh, um, um has.

14:21>> Through the chair to Commissioner Ron,

14:22you're correct. I am not the right

14:24person to ask that question.

14:26Uh

14:28Anybody There we go.

14:40>> Hello, I'm Aaron Yoder and I'm the

14:42executive director of AMATS. Um I guess

14:45can you be a little more specific on

14:46what you are asking for?

14:49>> Certainly. Uh to put a finer point on my

14:51question, the statement as proposed is

14:53that the project in question has an

14:55extremely high cost and could adversely

14:57impact funding streams for other AMATS

14:59projects in the future if it ends up in

15:01the AMATS MTP. I believe the draft MTP

15:05is out for review currently. It's a

15:06depression issue, so can you please

15:08provide some AMATS perspective on

15:10this particular topic?

15:12>> Yeah, there's

15:14>> [clears throat]

15:14>> So it's a little complicated, but

15:15there's a lot of funding that comes into

15:17the area um from various different

15:20sources. So we have AMATS specific

15:22funding, which is federal funding that

15:23comes to us as the MPO directly that we

15:25are responsible for that must be spent

15:27within our area. And then there's

15:29funding that comes to the Department of

15:31Transportation um that is a statewide

15:33perspective that they have to look at.

15:35They can spend that money anywhere in

15:37the state that they want. There's uh

15:39limit limits on what they can do, but by

15:41and large is pretty fair game. So for

15:43that particular project, it's all going

15:44to be funded through state funding or

15:46any discretionary uh state federal

15:48funding or any discretionary grants that

15:50they get. So the state can decide to

15:52spend it there or elsewhere.

15:55Now in terms of impact to uh available

15:57funding elsewhere,

15:59um there's no guarantee of what's going

16:00to happen. So I can't say yeah for sure

16:02if they spend all the money on the Safe

16:04for Sure they won't have money

16:05elsewhere. Uh but it is good to keep in

16:07mind as we heard uh from the budget

16:10information, the Muni has a limited

16:11budget, the state has a limited budget,

16:13and the federal government has a limited

16:15budget. So it would be safe to assume

16:18that there may be a possibility that if

16:21a lot of money is spent on one

16:22particular project, there is less money

16:24elsewhere.

16:25Now, when we say AMATS projects, it will

16:28not impact AMATS funded projects because

16:31that's with our funding that we use and

16:34that is not going towards the Safer

16:35Seward Highway. It would be more fair to

16:37say AMATS funded or projects funded in

16:39the AMATS area by the Department of

16:41Transportation.

16:44>> Thank you. That's just my question.

16:55Um

16:56I don't see any other commissioners in

16:58the queue. I

16:59do have one question. The long-range

17:02planning memo made reference to

17:04off-ramping old projects and I was just

17:07curious if anyone could speak to that.

17:10Uh like what how do we feel about that?

17:13Is that a necessary thing? Is that

17:15something that is thought about and

17:19possibly

17:20the result of this

17:22late notice memo coming out?

17:27>> Through the chair, I believe the answer

17:29is um there of course are ways to

17:32off-ramp projects. The question is how

17:34do we want to do that when it takes you

17:37know, anywhere between 1 to 10 years to

17:40get funded if you were supposed to be on

17:44that list when when we put our hand in

17:46the middle of it and say, "Nah, it's too

17:47late for you. Never mind." And and so, I

17:50think refining how that works is

17:53something that should be done in terms

17:55of how can we guarantee if moving

17:59forward we aren't continuing down a path

18:02just because we already started it?

18:05I think that is a government question

18:06across the board and figuring out how to

18:10high-grade those choices is something

18:13PCC can help us do.

18:18>> So, we should be doing that.

18:20All right.

18:22>> To the chair, okay.

18:24>> Thank you. I see no further questions.

18:36So, what is the will of the body?

19:39>> [snorts]

19:40>> Commissioner Bullis, would you like to

19:41state your motion?

19:43>> Yes, I move in case 2026-0124

19:46to recommend to the Anchorage Assembly

19:47approval of the 2027 proposed capital

19:49improvement budget

19:51and the 2027-2032

19:53proposed capital improvement program.

19:56>> Thank you for breaking that ice. Is

19:59there a second?

20:08Seconded by Commissioner Ron.

20:10Commissioner Bullis, would you like to

20:11speak to your motion?

20:12>> Yes, um I intend to support the motion,

20:15um based on my review, this is kind of a

20:16standard annual typical CIB CIP annual

20:19plan, no big changes. Um of course,

20:21things get a little more expensive as

20:23time goes by.

20:24Um, I'll also add that I support the

20:26staff suggested findings on page 13. Um,

20:29one is the planning and zoning

20:30commission reviewed and discussed the

20:312027 proposed capital improvement budget

20:33and the CIP at work session and then our

20:36meeting tonight. Um, the other is the

20:38municipality of Anchorage faces

20:40uncertainty about revenues and costs for

20:41the proposed capital improvement program

20:43period. I believe that pushes things in

20:46the direction of the discussions we're

20:47having tonight um, without going too far

20:49into the details.

20:52>> Thank you. Anybody else wishing to speak

20:55to the motion?

21:03Commissioner Ron.

21:08>> Thank you, Chair. I intend to support

21:09the motion as well for the reasons as

21:11stated by the prior commissioner. My

21:12interest is in is in um,

21:15the carrying forward of some of the

21:17recommendations that were put forward

21:19and discussed tonight by long-range

21:21planning.

21:23Um, I would like to see um,

21:25the majority if not all of those

21:27recommendations to carry with um, our

21:29action here this evening.

21:33And I'm unsure of the best way for that

21:35to

21:37to happen.

21:42>> Can we

21:44Is there any staff input on Commissioner

21:46Ron's inquiry as the best way to make

21:49that happen or

21:53>> Can we take a 2-minute recess while I

21:55discuss that with Lori?

21:59>> 2-minute recess.

22:04Okay, we are going to

22:06>> [music]

22:08>> call the meeting back to order.

22:10Commissioner Ron.

22:14>> Um, thank you uh, Chair. Understanding

22:16that uh, findings have been put forward,

22:18um, I concur with those findings.

22:21Um, as a commissioner comment, I would

22:23um, put forward a direction to the

22:25department that they incorporate um what

22:28goes to the assembly

22:30um the six bullet points that are listed

22:32on page seven of 26 of the memo that's

22:34before us.

22:38>> Thank you. Anybody else wishing to speak

22:41to the motion?

22:48Hearing and seeing none, I'll just say

22:49that I also intend to support the

22:51motion. I agree with the

22:55findings and I think that this

22:59memo from planning is the reason why

23:03this

23:04uh process was added to the purview of

23:07P&Z so long ago. So,

23:10with that, we'll call for the vote.

23:14>> Mr. Gardner, how do you vote?

23:30>> [clears throat]

23:34>> Mr. Gardner, how do you vote?

24:14>> Oh, for the record, Commissioner Gardner

24:16texted that he voted yes. He's having

24:20some technical difficulties.

24:24Um

24:25next, we'll move on

24:30to the public hearings.

24:33And I will read the process by which the

24:36public may speak to the commission.

24:38After staff presentation is completed on

24:40public hearing items, the chair will ask

24:41for public testimony on the issue.

24:44Persons who wish to testify will follow

24:45the time limits established in the

24:47commission rules of procedure.

24:49Petitioners, including his or her

24:50representatives, will receive 10

24:52minutes. Part of this time may be

24:53reserved for rebuttal. Representatives

24:56of groups, community councils, PTAs,

24:58etc., 5 minutes. Individuals, 3 minutes.

25:01When your testimony is complete, you may

25:03be asked questions by the commission.

25:05You may only testify once on any issue

25:07unless questioned by the commission. Any

25:10party of interest wishing to appeal

25:12shall first file with the planning

25:15director within 7 days of the commission

25:17decision made on the record, a written

25:19notice of intent to appeal in accordance

25:22with AMC 2103050A4A.

25:27Commission recommendations to the

25:28Anchorage Assembly are not appealable.

25:31Following the approval of the written

25:33findings of fact

25:35>> [clears throat]

25:35>> and decision, any party of interest may,

25:37within 20 days, file an appeal by

25:40filling

25:41filing a notice of appeal and paying the

25:44appeal fee

25:46and deposit in accordance with section

25:482103050.

25:50The notice of appeal must be filed with

25:52the planning director on a form

25:55prescribed by the municipality. If the

25:57appellant is not the applicant, the

25:59appellant's notice of appeal shall

26:01include proof of service on the

26:04applicant.

26:10May we please have the staff

26:12presentation in case 2026-0084?

26:16>> Thank you.

26:17CB Homes LLC is requesting conditional

26:21use approval for a 150-person homeless

26:23shelter located at 1911 East 5th Avenue

26:27in the B3 zoning district. This is a

26:29commercial building that was previously

26:31occupied by a church.

26:33Uh the homeless shelter, Linda's Place,

26:35is currently operating on a temporary

26:37basis. This conditional use would allow

26:39it to uh continue operating in the

26:41future.

26:43The planning department mailed 99 public

26:45hearing notices on September 24th. Um

26:48the planning department did receive uh

26:51uh public comments.

26:53Uh they appear on page uh 73 of your

26:56packet, and late comments were in a

26:58supplemental uh packet. Um

27:02the department finds that uh

27:05um the approval criteria 1 through 9

27:08um are met and is recommending approval

27:10of the conditional use application

27:12subject to conditions one on one and two

27:15on page six of your packet. Um condition

27:17one, uh these are both standard

27:19conditions. The first one is that the

27:21approval is subject to um

27:23the uh the application and all the

27:25information contained herein, and then

27:27um

27:28uh

27:29if if the conditional use is approved,

27:31then

27:32um they would uh follow through on

27:34working with the planning department to

27:35record a notice of zoning action um

27:38uh regarding the approval. Um

27:41the petition site uh can be seen in the

27:44exhibits on page uh eight and nine of

27:46your packet. I'd be happy happy to

27:48answer other questions. Uh the applicant

27:50is also in the audience to make a

27:51presentation. Thank you.

27:55>> Any questions for staff?

28:02Commissioner McKee.

28:04>> I just for clarification, there the the

28:07existing facility has a 100 beds, and

28:09this conditional use permit would

28:10increase their capacity to 150?

28:14>> Um

28:16uh

28:17that's correct. Um

28:21there

28:22it's my understanding, and this be, you

28:24know, potentially better to be answered

28:26by the applicant, but uh um

28:31it would be irresponsible to um um

28:35not ask for approval to go up to 150

28:39since they're before you um now um

28:42because if they were asked to surge any

28:44higher, they couldn't do that and be in

28:47violation of the conditional use

28:49approval. So, it they're not required um

28:53to increase it. In fact, they don't I

28:54don't think they're seeking to increase

28:56it, but because um

28:59their the the zoning allows for 150 and

29:02they're in that range, they're seeking

29:04approval in case it were to um be

29:07increased.

29:08>> Thank you.

29:12>> Commissioner Ebersole.

29:14>> Um [clears throat] I'm having a hard

29:15time understanding how they're allowed

29:18to temporarily operate. Like what does I

29:21guess the process for can someone

29:22explain the process of how they're just

29:23suddenly allowed to operate and not come

29:25before us first?

29:29Does that make sense?

29:30>> Yeah, that's a good question. I'm sorry.

29:32I I don't uh know the answer to that. Um

29:35the um

29:36the shelter's on a temporary basis. Um

29:39uh

29:40It's my understanding that um

29:43when there's a public health emergency

29:45or cold weather event, if there's a

29:47reason um uh

29:49to uh open up shelters um in an

29:52emergency, then uh um

29:55you know

29:56that uh

29:58it is legal and allowed um

30:01to uh

30:02open up shelters in churches and uh

30:05community spaces and um anywhere deemed

30:08to be safe. Um it's just that they don't

30:11want to rely on um

30:13it to always be an emergency um forever.

30:17Um so, uh the community needs more

30:19facilities like this to uh

30:21uh to

30:22deal with the the issue that

30:25that we have.

30:29>> And I'll just speak. I put myself in the

30:30queue, but I I think Francis answered

30:32the question. It's just uh

30:35basically what he said in summary is

30:36there if there's an emergency order I

30:40they're able to operate but if there was

30:42not an emergency order then they they

30:45would just be illegal and could not

30:47operate and so they need the conditional

30:48use approval in order to operate without

30:51an emergency order.

30:58>> Thank you. Any further questions for

31:00staff before we

31:03invite up Commissioner Moran.

31:11Thank you through the chair. Staff, I'm

31:13interested in

31:15what level of awareness or evaluation

31:17you've had of the items provided to us

31:20as supplementary packet number one

31:22tonight.

31:24Some comments and recommendations

31:26provided by members of the public

31:28relative to this case.

31:30Has staff digested them, incorporated,

31:33had any discussion with the applicant

31:34about them? Where does that stand?

31:37>> Yes,

31:38Mr. Moran, thank you.

31:40Those late comments were received.

31:43We read them and considered them. We

31:45haven't made any changes to the

31:47department recommendation, but we

31:48discussed it briefly with the applicant

31:51and uh let them know we forwarded these

31:55comments as soon as we received them to

31:57to the applicant so they were aware and

31:59they could

32:02be able to respond to some of those

32:04questions in this setting.

32:17>> I had a question about the emergency

32:19order. Is there a time limit to that?

32:23>> I'm I'm sorry I I can't answer that. I

32:25wasn't working with

32:27the

32:28the legality of the temporary shelter

32:31just with the application

32:34for the conditional use of the zoning

32:35part of it.

32:37>> Um, I can maybe answer that cuz I've had

32:39some some work on other emergency

32:41orders. I I'm not

32:43uh, I I guess I've considered them for

32:45other shelters, but in general, yes,

32:47there is there's a time limit. Like the

32:48assembly has to

32:50uh,

32:51the emergency order expires and the

32:54assembly has to put a new emergency

32:56order. So, so yes, there is a time

32:57limit. Eventually, it will run out

32:59unless the assembly

33:01renews the emergency order essentially.

33:07>> Commissioner McKee.

33:10>> Um, in our through the chair, in our

33:12packet um, the pre-application

33:14conference and community meeting was

33:16held in September of 25, but there

33:19wasn't a summary of that in this packet.

33:22Was there a general

33:27>> Um,

33:29let me think about that one. Um,

33:33uh, I remember discussing it with the

33:35applicants um, during the application

33:38process, um, but I can't remember

33:41um, the

33:43the deal.

33:44>> Yeah, I was I was actually asked this

33:46question, so

33:47uh, um,

33:49so, uh, the requirement for our

33:51community meetings are they it's within

33:55uh, 6 months of the application, you can

33:57can get another 6 months extension for

33:59it to be within a year. So, basically,

34:01the timing of the community meeting met

34:04our code from uh, when we received the

34:07application, uh, so it

34:10I I do believe when I looked at the

34:11calendar

34:12>> That's not the question.

34:13>> Oh.

34:14>> The question is where is the community

34:15meeting summary?

34:16>> I see it in the packet on

34:20page 23.

34:23Um,

34:25page 23 of the staff packet, and then it

34:27it does meet code requirements for a

34:28community meeting essentially.

34:30Is the answer. Yeah.

34:31>> Thank you.

34:34>> Oh, I'm sorry. Um, I think I understand

34:37the question now. Um, during the

34:40pre-application uh, conference, we

34:42requested information about it and it's

34:44now included in the actual application.

34:47I I Sorry, this is the first time I've

34:49heard that type of question.

34:51Um

34:53>> Oh, thank you. Thank you. I guess to

34:54clarify, I was wondering if there was a

34:56summary from that review meeting with

34:57the agencies cuz it looked like the

34:59information in our packet was more

35:02aligned with the community council

35:05meeting that was in 2060. And so, I was

35:07curious if

35:09but maybe it was all integrated.

35:19>> Okay.

35:19>> Yeah.

35:20>> Okay. So, I think you're asking about

35:21the pre-application conference that the

35:24applicant has that is kept private.

35:25>> Okay. Thank you.

35:32>> Mr. Mills.

35:35>> I wanted to ask and I hope I didn't miss

35:37this in the packet. Is there any master

35:41plan or

35:43um you know, municipality of Anchorage

35:44strategy with regard to the homeless

35:47shelters that we can

35:50um I should say transient shelters that

35:52we can reference and look at

35:54um when we review this?

35:59>> Um

36:00uh Ms. Mills uh

36:03for me as a planner in the planning

36:04department, um I was not looking at

36:07Anchored Home or homeless strategies or

36:10or any of those uh but to simply uh

36:12process uh an application against the

36:15approval criteria in the zoning code. Um

36:18and uh

36:20homelessness is a very big issue and I

36:22am no expert in that. Um

36:25we have uh people in the health

36:27department and others that that work on

36:28those issues, but that's this is just an

36:30application by a private group to to

36:34have one of these types of uh

36:35businesses, if you call it that,

36:37um at this location.

36:42There are um some um long-range um

36:46uh Anchorage 2040 and Anchorage 2020

36:49comprehensive plan

36:52goals and policies that speak to this

36:54about

36:55different types of supportive housing

36:58and

36:59for uh

37:03people with you know disabilities and uh

37:10>> Thank you.

37:12>> Commissioner Pollis

37:15Excuse me.

37:16Um yeah, I was just going to throw this

37:18out there as something thoughts comments

37:19from everybody. Is it within our purview

37:22to

37:24do temporary conditional use approvals

37:26like for a year or something like that

37:28based on

37:30feedback we can get regarding things

37:31like security measures and stuff like

37:33that?

37:35>> Um no, that's a good question and a good

37:38thought.

37:39No, the idea is that

37:42an applicant comes before the body and

37:43then they get the surety of an approval

37:45and then they can make the investment in

37:47that. You can't sort of like move the

37:49goalposts and change the rules on people

37:52once they're approved.

37:54It should be only once. They get their

37:57approval say here and then they have to

37:59abide by that and if they don't then

38:02that becomes an enforcement issue.

38:11>> Um

38:12Commissioner Krishna

38:15>> Yes, before we get into discussion,

38:19I think it would be helpful to

38:20understand

38:22I I understand there's also a shelter

38:24licensing process through the Anchorage

38:26Health Department. And I think it might

38:29be useful to have as a discussion at

38:31this point where this commission's

38:34purview ends and where enforcement by

38:37the Anchorage Health Department for the

38:39terms of a shelter license is

38:43you know, takes over.

38:45Would it be fair to say that many or all

38:49of the specifics of an operating plan

38:52would fall under the purview of a

38:53shelter license, and what this

38:55commission is here to do today is to

38:57look at the land use. Is that Would you

38:59say that's a helpful way of thinking

39:00about this?

39:02>> That's an excellent summary, yeah.

39:03>> Thank you.

39:05>> Thank you, Commissioner Krishna.

39:08Commissioner McKee.

39:15>> I think with that clarification, I'm

39:16going to withdraw my question.

39:19>> Perfect. Seeing nobody else in the

39:21queue, we'll invite the petitioner up

39:23for their presentation.

39:31>> Hello, my name is Ron Thompson with

39:32Scope Permitting and Engineering, and I

39:35put the documents together that are in

39:37front of you for the application

39:39uh for

39:40>> [clears throat]

39:41>> the conditional use. A couple quick

39:44answers, uh and then I'll have the

39:46operator talk for a few minutes, and

39:48then we'll reserve the rest of the

39:49questions at the end. Um, this is not

39:51asking for increase in number of rooms.

39:54It's already 150 during the winter. It

39:57will stay It typically goes down to 100

40:00during the summer cuz less people need

40:02indoors, but it's really asking for the

40:04same number that's already there. Um, it

40:06is under an emergency order, and under a

40:09contract with the municipality and

40:11licensing. And you're correct in your um

40:14question with regard to licensing. That

40:16is a 3-year annual or 3-year cycle. The

40:20next cycle to discuss on this one is in

40:22about a year in December of 2027. So,

40:25they will have to follow that process

40:27through the health department in their

40:29licensing. So, that's the ongoing rails

40:32that are the part of it. Um,

40:34and then working with the community, we

40:36did have a community meeting. There was

40:38one um attendee here. That was the same

40:41individual who wrote uh from um

40:44um

40:46Phil Johnson, who's here. Uh, we met

40:49with him, have tried to work out

40:50operating agreements, worked out some

40:53things with APD, worked out with things

40:55over the past 8 months, gave him a phone

40:58calls and gave the community phone

41:00numbers to call in the event of anything

41:02going on. So,

41:04only recently have

41:07in the past week maybe have we started

41:09getting calls

41:11whereas the last 8 or 9 months we hadn't

41:13received anything.

41:15But there is ongoing training with staff

41:18and a lot of different changes have been

41:19taking place throughout the process. So,

41:22with that kind of just giving you a

41:24heads up, I believe

41:26the 10 items that Phil listed in his

41:29letter

41:31seven of them are already implemented

41:33and in place. A couple others we

41:37can't really implement those. The

41:39animals

41:40and we'll get into those deeper if

41:42there's any questions, but I'm going to

41:44invite Sheldon Fisher to come up and as

41:47a operator give you a little bit of

41:49heads up on the operation side and then

41:52we'll reserve the rest of our time for

41:54rebuttal at the end.

41:59>> Thank you. Good evening. I'm Sheldon

42:01Fisher with Match Property Management

42:03and we're the operator of Linda's Place.

42:06At the request of the municipality,

42:08Match began providing transitional

42:09housing about 6 years ago. And we

42:12currently operate in Linda's Place, the

42:14Alex as well as three properties for the

42:17Affordable Anchorage Affordable Housing

42:19and Land Trust. Between all these

42:21locations, we provide shelter and

42:23housing for over 500 individuals that

42:25are experiencing homelessness or have

42:27recently begun

42:29to lease their first homes.

42:31In addition through a sister company, we

42:33also recently completed the

42:35redevelopment of the Wild Berry Hotel

42:37and we're in the midst of redeveloping

42:39the old post office mall on 4th Avenue.

42:42The challenges that come from

42:43homelessness from a large homeless

42:45population stress our entire community,

42:47both those experiencing homelessness as

42:49well as business and residents.

42:52We have somewhere between 2,500 and

42:533,000 homeless individuals,

42:56or rather I should say individuals

42:58experiencing homelessness.

43:00And we have the the municipal the

43:02municipality has contracted services for

43:05about for sheltering services for about

43:07450 individuals. And community partners

43:10provide additional sheltering.

43:12We estimate that somewhere between 500

43:14and 1,000 individuals remain unsheltered

43:17in our community.

43:19At the same time, the closure of

43:21homeless camps and the renovation of

43:23Town Square and Petrich Park have

43:25disrupted

43:27uh normal behavioral patterns, which

43:29have benefited certain parts of our

43:30community and put stress on other parts

43:32of our community.

43:34We're proud proud of our work. We care

43:36deeply for those experiencing

43:38homelessness and the challenges they

43:40face.

43:41And we believe that most of those

43:43providing services agree that Linda's

43:45Place is one of the best-run shelters in

43:47Anchorage.

43:48We have segregated space for women for

43:51men and women, which provides a definite

43:53additional security for our women the

43:55women we serve.

43:56We have an integrated behavioral health

43:58specialist to attempt to address the

44:00underlying um issues.

44:03We have specific protocols around

44:05cleanliness to ensure that our shelter

44:06is one of the cleanest in the city.

44:09We attempt to minimize drug and alcohol

44:11abuse

44:13while recognizing that we manage a

44:14low-barrier shelter and we offer

44:17high-quality food.

44:19At the same time, we are also business

44:21people and we recognize the impact that

44:23uncontrolled behavior can have on the

44:24community and we strive to minimize the

44:27impact of that every day.

44:30As has been said, we uh met early when

44:32we opened the shelter with the community

44:34members. And as part of this process, we

44:37also had a public meeting with members

44:39of the community.

44:40We've attempted to listen to their

44:42concerns and address our behavior

44:44accordingly.

44:46Um and to address the question about

44:48process and review, um there is a

44:51ongoing review process. We submit

44:54regular reports to the Anchorage Health

44:56Department. We collaborate weekly with a

44:59consultant hired by the municipality to

45:01oversee our work.

45:03We attend monthly meetings with the

45:05Community Council.

45:06Um and we report regularly to the uh

45:09Assembly Homeless Working Group. And as

45:12has been mentioned, we are also a

45:14licensed as a shelter operator, which

45:16which renews every 3 years. Um we

45:19believe these existing

45:22review and licensing protocols are the

45:23appropriate venues to address any

45:25concerns about our performance.

45:27Um and the impact on the community, and

45:30we appreciate your time and hope you

45:31will support this change of use.

45:36>> Any questions for the petitioners?

45:41Uh I have one question.

45:44There's mention of being previously

45:47being a church. Are we still a church?

45:50Can you clarify that?

45:51>> So, um some of you may recognize that uh

45:53this location was

45:56most well known as Fantasy on Fifth. It

45:58was a

46:00uh I don't know what you'd describe it a

46:01dance place. Strip club, okay. That's

46:04what you'd describe it.

46:05>> Um and then it was purchased um and uh

46:09for a period of time, I think there was

46:11an attempt to operate as a church. Um

46:13and I I think that may have continued

46:15for a short period of time. When we

46:17began to occupy it, it was vacant. No

46:19one was using the space.

46:22>> Thank you. Uh

46:24and question from Commissioner McKay,

46:26and your 4 minutes of rebuttal time is

46:28saved.

46:29>> Thank you.

46:32>> I thank you through the chair. Um in in

46:35our packet and from the public meeting

46:37summary, it states that the owner

46:39representative would do more security

46:41patrols and work with APD.

46:44And then looking in here, it says that

46:46you would do perimeter security checks.

46:49Um that they would be done. It says that

46:51they should be done every 30 minutes.

46:53Would the petitioner be willing to

46:56change this from like a should to a

46:57shall so that it's guaranteed that these

47:00are happening because one of the

47:01statements in here is that um that even

47:04since this was

47:05said that it would be implemented that

47:07the adjacent property owners have not

47:09observed these patrols happening.

47:12>> So, um yeah, that's I mean uh they are

47:15happening every 30 minutes. We patrol

47:18and if you're familiar with the

47:20neighborhood, um our the the location of

47:23the property is at the corner of Sitka

47:26and 5th Avenue and we patrol uh down

47:30Sitka Street, across to Unger, and back.

47:33And um

47:34we have uh

47:36we we do we run those patrols every 30

47:38minutes. Um we have recently in the last

47:42uh 30 days or a couple of weeks, we've

47:44um received a a number of complaints

47:46from the community about some behavior

47:49and so we have actually in the last just

47:51um a

47:52couple of weeks retrained our people.

47:54And uh one of the things that we weren't

47:57doing very well was picking up trash and

47:59so we've asked our people to pick up

48:00trash as they do those patrols.

48:02Um there's also a little bit of a

48:04question about um

48:07uh

48:09our authority, if you will, to deal with

48:11issues that may be on public property.

48:14We attempt, when we see people, whether

48:16they're our guests or just um

48:19other people in the community, we we

48:21attempt to invite them to move along. Um

48:25if we confront um hostile behavior, we

48:27call Anchorage Police Department and um

48:31they come and uh work to deal with it.

48:34Um so we we are working very diligently

48:38and and the patrols happen pretty

48:40regularly on a 30-minute basis.

48:42>> And then one of my other questions was

48:44that the the packet that we had says the

48:47the people who are housed in the shelter

48:49must be sober. But on the intake

48:53client intake form, it doesn't say that

48:56kind of indicates that

48:58sober isn't necessarily tested. It's

49:01like

49:01>> Yeah, that that would be a mistake.

49:03We're we're not allowed per our contract

49:06with the city to require sobriety. We do

49:10um

49:10we do search them and they're not

49:12allowed to bring drugs or alcohol into

49:15the shelter,

49:16but they can enter the shelter uh

49:19inebriated or high.

49:25>> And And then so my other another

49:27question that I have for you, um

49:30criteria two says that there would be no

49:34um environmental impacts, that there

49:36would be

49:37um you know, that the adjacent

49:39residential areas and businesses are

49:41protected from potentially negative

49:42impacts associated with commercial

49:44activity.

49:45Um so I would ask, what are what um

49:48items or tools do you have in place to

49:50prevent things like public fighting,

49:54public defecation, or other behaviors on

49:57site that might be um potentially

49:59[clears throat] negative impacts to your

50:02uh adjacent

50:03>> Yeah.

50:04>> businesses.

50:05>> So, um

50:07to the chair, uh

50:11we

50:12our experience and what we've done in

50:14this shelter and other shelters we've

50:16run is that we operate a very um

50:20>> [snorts]

50:21>> a very positive environment that we find

50:24the community is desirous to participate

50:27in.

50:28And what that allows us to do is when

50:31anyone comes in, we have a good neighbor

50:33policy that we review. It's posted

50:35around the shelter, and it defines,

50:38excuse [clears throat] me, behavior that

50:40is acceptable not just inside the

50:42shelter, but in in the neighborhood. And

50:44when we find someone that is violating

50:47those policies, then they're asked to

50:50leave and they're not allowed to to to

50:52be in the shelter. And the fact that

50:55combination of having a well-run

50:56environment that people want to be part

50:59of, and enforcement of those policies,

51:03we find um generally um people over time

51:07modify their behavior. We also these

51:10patrols are an important part of that as

51:12well. Um and of course as you can

51:16appreciate, I think many uh businesses

51:19suffer the impact of homelessness and

51:21some of that is our guest and some of

51:23it's not. And so it's not a perfect um

51:26solution, but we strive through a

51:28combination of those things to minimize

51:31the impact on our neighbors.

51:37>> Uh next up Commissioner Ron.

51:41>> Thank you through the chair, Mr. Fisher.

51:42There's a planning department advisory

51:44comments um around the 4-ft chain link

51:47fence along the east property line uh

51:49recommending discussion with uh your

51:51neighbor. What's the status of

51:53discussions and potential plans around

51:56that fence?

51:57>> So uh the owner of that property is here

52:01um

52:01and uh there's just to kind of give you

52:05a little bit of background, there's a

52:07we when we purchase or not purchase, but

52:09when we leased the property and began,

52:11we fenced in a fair number of the of the

52:15um

52:16the perimeter of the facility with a

52:176-ft fence. There was a 4-ft fence um

52:21between the property that you're

52:23referring to. And in addition to that,

52:25there's a a fair amount of uh vegetation

52:28and growth. Um we felt like that was

52:32enough of a barrier and so we did not at

52:35that time um replace the fence. Um I'm

52:39aware of one incident that might have

52:41been prevented with a larger fence.

52:43We've installed cameras and we monitor

52:45it.

52:46But I'm not aware that that

52:49replacing that fence would materially

52:52change the the nature of impacts that we

52:56may be struggling with.

53:03>> Uh thank you. I see no further

53:05questions.

53:06We will you have 4 minutes for rebuttal.

53:09We'll open the public hearing. Anyone

53:11from the public wishing to testify,

53:13please step forward.

53:24Um, 1 second, please. We got to do a

53:26quick test.

53:29>> Mr. Gardner, can you hear us?

53:35>> Yes, I can hear you. Can you hear me?

53:37>> Yes, we can. Thank you.

53:39>> Sorry about that.

53:41>> Um, let us know if you're testifying on

53:43behalf of yourself or a group.

53:46And please state your name for the

53:47record. And you can pull that mic down,

53:49but it is turned on.

53:51>> Hi there. My name is Lisa Stevens. I'm

53:53here for Castle Megastores.

53:56I'm going to read a statement from our

53:57president and CEO. Unfortunately, he

53:59couldn't, um, attend, but he asked that

54:01I step in. Is that Is that fine?

54:04>> Yes.

54:05>> Okay.

54:07So, good evening, commissioners. Castle

54:09Megastore appreciates the opportunity to

54:11address the ongoing public safety

54:13concerns surrounding Linda's Place,

54:15located directly adjacent to our

54:16Anchorage business. We recognize the

54:18importance of providing shelter and

54:20assistance to individuals experiencing

54:22homelessness.

54:23However, supporting this mission should

54:25not come at the expense of the safety of

54:27the neighboring businesses, employees,

54:30customers, and residents. The current

54:32operators of Linda's Place have

54:34demonstrated they do not have the

54:35ability to properly operate this

54:37facility. When they started, they stated

54:40nobody would be allowed if using drugs

54:42or carrying weapons. Unfortunately, that

54:44does not stop people who fall under this

54:46category to attempt to use the shelter.

54:49What this means is Linda's Place has

54:50become a magnet for these individuals

54:53who then menace

54:55our businesses, our employees,

54:58and customers.

55:00This has created a serious nuisance to

55:02our community. Linda's Place is not

55:04capable of managing this ongoing

55:06problem.

55:07Since the opening in September of 2025,

55:10our business has experienced significant

55:12deterioration in the surrounding

55:14environment including

55:16multiple fires started in our dumpster

55:19and parking lot creating serious risk of

55:21injury and property damage.

55:24Frequent, and this has happened as of

55:26this week, frequent issues with homeless

55:29shelter guests offering prostitution

55:31services to our customers and employees

55:34in the parking lot.

55:36Intimidating and disruptive encounters

55:38inside our store leaving employees and

55:41customers frightened and concerned for

55:42their personal safety.

55:44Suspected drug transactions on or near

55:47our property raising concerns about

55:49criminal activity.

55:51Repeated trash dumping and debris

55:54accumulation creating additional cleanup

55:56responsibilities

55:58with health and safety concerns and

56:01negatively affecting our property,

56:03bodily fluids, and human feces.

56:08Property Our property appraisal value

56:10has been reduced since the opening of

56:12our shelter.

56:14These incidents have created an

56:15environment which our employees are

56:17increasingly concerned about their

56:18safety and customers may be reluctant to

56:21visit our business.

56:23Our Anchorage location has experienced a

56:2517% year-to-date decline in customer

56:29traffic. While we recognize that

56:31multiple factors influence retail

56:33traffic, we are deeply concerned that

56:36the reoccurring safety issues

56:37surrounding our property are

56:39contributing to this decline. And just

56:41as a point of reference, our overall

56:43company is experiencing a modest 2%

56:45traffic increase. So, this -17%

56:49is a big gap.

56:54Of particular concern is the lack of

56:56effective security measures surrounding

56:58the shelter.

57:01Before Loussac Loussac Place opened,

57:03neighboring businesses were assured that

57:05security patrols would help maintain

57:07safety in the surrounding area.

57:09The municipality July 2025 shelter

57:12contract recommend recommendation also

57:15identify patrols monitoring activity

57:18both inside and outside facility. This

57:21has not been the case surrounding the

57:22area. I myself flew in from Phoenix. I

57:25arrived about 12:30

57:27um Sunday morning. I drove over to our

57:30location and sat in the parking lot,

57:32took pictures, and I did not see any

57:35patrolling. I saw people walking around

57:38within the interior of the shelter, that

57:41that area before you exit to the street,

57:44but I didn't see anybody out on the

57:45street except for the homeless people.

57:48This has caused significant safety and

57:50financial damage to our community. The

57:53renewal of this facility should be

57:54canceled accordingly. We believe the

57:57better solution to help the homeless is

57:58to locate these facilities in a

58:00different part of the city, not so near

58:03business or residential areas.

58:06Based on our experience, those

58:08commitments made by the shelter has not

58:10resulted in effective or consistent

58:12security presence protecting our

58:14property. We believe the repeated

58:16incidents demonstrate serious

58:18shortcoming in the measures intended to

58:20protect the neighboring business.

58:23Castle Mega Store has invested in the

58:24Anchorage community through employment,

58:27business operations, and contribution to

58:29the local community. Like other

58:31tax-paying businesses and residents, we

58:33have a reasonable expectation of safety

58:36and protection from reoccurring criminal

58:38activity.

58:43Neighboring businesses and residents

58:45should not be expected to continually

58:47absorb these safety risk and

58:49disruptions.

58:51As this is a renewal is considered, we

58:53respectfully request the municipality

58:55reevaluate the suitability of the

58:57current location.

59:02>> Um your time is up.

59:04>> Okay.

59:04>> Unless there's questions from the

59:06community.

59:06>> leave these here in case anybody wants

59:08to read?

59:10>> Uh you could deliver it up here.

59:22>> [clears throat]

59:25>> Thank you.

59:29Seeing no questions, next.

59:38>> Good evening. My name is Sheryl Cox

59:40Williams. I am the president of the

59:43NAACP

59:45here in Anchorage.

59:47Uh, full disclosure, I'm in law

59:49enforcement administration,

59:51and I have a bachelor's in psychology

59:54from UAA.

59:57Uh, quickly I'd like to address some of

1:00:00the statements that have been made that

1:00:02may be

1:00:04uh,

1:00:05changing the way that the commission

1:00:08thinks about this situation.

1:00:11I have on good authority that our

1:00:14contractor for this building has been to

1:00:17the community council once or twice to

1:00:20get an agreement, and they are in

1:00:23communication with them, but they do not

1:00:26attend these meetings monthly.

1:00:29I also know that these patrols that have

1:00:32been stated to occur every 30 minutes

1:00:35may be happening on a piece of paper

1:00:38somewhere, but they're not happening in

1:00:40the way that you and I as

1:00:44private citizens believe that a patrol

1:00:47occur. So, there needs to be some

1:00:50definition as to what and who is

1:00:53qualified to be doing these patrols.

1:00:56Because there's training that goes along

1:00:58with crowd management and what

1:01:01patrolling and what you're looking for.

1:01:04Also, from

1:01:08what we know about having a group of

1:01:10people together,

1:01:12I have long been on the position that we

1:01:14should not be housing hundreds of people

1:01:18with problems because hurt people hurt

1:01:21people.

1:01:22So, this plan and this as it was refined

1:01:26for us

1:01:27the decision to decide on what the

1:01:29zoning should look like.

1:01:32This zone should not have 100 hurt

1:01:36people who have the potential to hurt

1:01:38people.

1:01:40They need attention on a more

1:01:42individualized or small group basis.

1:01:46This housing is detrimental to the

1:01:50living and acquiring skills for being

1:01:54healthy in our society.

1:01:57I would like to continue to remind this

1:02:00commission that we need to look for

1:02:03solutions

1:02:04that have long-term benefits. Right now,

1:02:08putting our transient population into a

1:02:12space to keep them out of

1:02:16gentle people's view

1:02:18is not going to sustain this community.

1:02:21It's going to continue to push a blight

1:02:26into place where you're going to have

1:02:28the community arguing again, not in my

1:02:31community.

1:02:32We need to individualize the problem and

1:02:35not make it into one blight.

1:02:39This commission has an incredible

1:02:41opportunity right now

1:02:44to stop

1:02:46150

1:02:47as an option

1:02:49and it'll move back into the health

1:02:52department's zone.

1:02:54Thank you for your time.

1:02:58>> Thank you.

1:03:07>> Good evening. My name is Lindell Myers.

1:03:09I have the privilege of operating and

1:03:11managing

1:03:11>> What was Sorry, what was your first

1:03:13name?

1:03:13>> Lindell Myers.

1:03:16I have the privilege

1:03:18uh

1:03:19of operating and managing Truckpro LLC.

1:03:22We're on the corner of 3rd and Sitka.

1:03:24I recently heard a statement that in

1:03:26today's society, a lost art is doing

1:03:28what mama taught us to do.

1:03:30Some of those things are respect for

1:03:32authority, basic courtesy and manners,

1:03:34and self-control.

1:03:36These things are evident in our daily

1:03:38encounters with the clients of Linda's

1:03:40Place and the environment that has been

1:03:42attracted to the area of business

1:03:44operations.

1:03:46Since the opening of Linda's Place in

1:03:48September of 2025,

1:03:50the overall crime, harassment, and

1:03:52vagrancy has elevated exponentially.

1:03:55Things that our business has experienced

1:03:57since the opening of Linda's Place has

1:03:59our front entrance doors being smashed

1:04:01in,

1:04:02customers, employees, and vendors being

1:04:05threatened with weapons,

1:04:07break-ins to our business, break-ins to

1:04:09vehicles and equipment on the property,

1:04:12vandalism,

1:04:14encounters of sexual acts and prop and

1:04:17prostitution,

1:04:18and my favorite part is the daily

1:04:20cleanup of those things that come to and

1:04:22from Linda's Place.

1:04:24Today,

1:04:26I filled more than a 5-gallon bucket of

1:04:28items from the weekend, used condoms,

1:04:31liquor bottles, one of which was

1:04:33shattered across the side of our

1:04:35building, used feminine products,

1:04:38drug paraphernalia of every form and

1:04:40fashion, food wrappers, food waste,

1:04:43and that and last but not least, four

1:04:46piles of used toilet paper.

1:04:51While everything and everyone may not be

1:04:53a client of Linda's,

1:04:55it is all newfound attention that has

1:04:58become the norm around our business and

1:05:00our property since it opened.

1:05:02We have gone through the process

1:05:05of filing a trespass plan with the

1:05:07municipality, posting no trespassing

1:05:10after business hours signs, and having

1:05:13over $15,000 of additional lighting

1:05:16installed,

1:05:17and random security patrols,

1:05:20none of which seem to make any

1:05:21difference in what we are experiencing.

1:05:24When local law enforcement has been

1:05:26called, the general sense of the

1:05:28existence and effect and presence of

1:05:31Linda's Place is voiced to us as they

1:05:34are a business offering a service just

1:05:36like you.

1:05:38This mentioning is not just is not meant

1:05:40to be a slander on the great law

1:05:41enforcement officers that have shown up,

1:05:44but speaks to an underlying mentality

1:05:46towards the situation.

1:05:48We are expected to

1:05:50Sorry. We are expected to tolerate the

1:05:53crime, the filth, and the environment

1:05:55because they chose to open our business

1:05:57district.

1:05:59As a business manager who makes goals

1:06:01and plans and things of business image,

1:06:03it makes me wonder what the city's plans

1:06:06when it regards the image when a place

1:06:08like Linda's has opened four blocks as

1:06:10you come into our city. Please consider

1:06:13my statements today and considering

1:06:15renewing their approvals.

1:06:19>> Thank you.

1:06:20>> Thank you, sir.

1:06:28>> Hello. My name is Shirley Aikels and I

1:06:31have owned

1:06:34>> Can you restate your name?

1:06:35>> Shirley Aikels, E I C H H O L Z.

1:06:40>> Thank you.

1:06:41>> I share the common property line. I am

1:06:43the four-foot fence.

1:06:45And uh

1:06:461958, my grandparents bought the

1:06:48property there on 5th Avenue next to

1:06:50what was the old Irish Setter. I own

1:06:52three other piece of properties a block

1:06:55behind on 4th Avenue.

1:06:57I've been assaulted four times

1:06:59this summer.

1:07:00Twice at my own house that I live on in

1:07:03East 4th right behind

1:07:05uh the shelter

1:07:07and twice on the commercial [snorts]

1:07:08property that adjoins Linda's Place.

1:07:11Um the only reason that gentleman knows

1:07:14about the one incident about the

1:07:15four-foot fence is because I just told

1:07:17him when I met him cuz I went around the

1:07:20room introducing myself to people who

1:07:22are also members of the community there.

1:07:24I just want to say we really need a 6-ft

1:07:26fence.

1:07:27Somebody jumped that fence when I was

1:07:30clipping the vegetation along our

1:07:32property line. He got stuck in the

1:07:34fence, but I wasn't going to touch him

1:07:36cuz he was intoxicated and violent. Uh

1:07:39last night at 3:30, I was looking at my

1:07:41commercial building cuz I parked from my

1:07:43house a block to see what's going on.

1:07:46And I look in the alley and stuff, and I

1:07:48was accosted then by a gentleman who was

1:07:51apparently doing meth or fentanyl or

1:07:53whatever he was doing in the alley. And

1:07:55I said, "You're trespassing on the

1:07:56property that we have there."

1:07:59And

1:08:00if I hadn't have had my car door locked,

1:08:02he was yanking on the door.

1:08:05He said he's not trespassing and he

1:08:06started banging on my window. If he

1:08:08would have shattered that, I'm sure he

1:08:10would have beat me to death.

1:08:12And

1:08:13as far as what these other folks have

1:08:15testified for, there is no security

1:08:19around the perimeter. Um when I was

1:08:21assaulted last night, I went to go find

1:08:23someone there, and luckily some fellow

1:08:26came out who was on his phone smoking a

1:08:27cigarette, and I asked him if he was

1:08:29security, and he said, "Yeah." And uh I

1:08:31said, "You know, blah blah blah." And he

1:08:33just looked at me like deer in the

1:08:35headlights. And I said, "Can you get

1:08:37your supervisor?" And so that lady was

1:08:39really nice. She came out with another

1:08:40lady. I described the guy who assaulted

1:08:43my car and stuff. And I said, "You You

1:08:46need to get him out of the shelter." And

1:08:47she said, "I will." I don't know if that

1:08:49happened.

1:08:51Um there was another man who assaulted

1:08:52me at my home. I showed a picture of him

1:08:55to

1:08:56um

1:08:57I think it was a man, I'm not sure, that

1:09:00was also a supervisor, and he said they

1:09:02were going to remove him from the

1:09:03shelter.

1:09:04But if you want to know anything about

1:09:06that area right there, I've been there

1:09:08since I was born in 1960. So I've been

1:09:11there in those two blocks of East 4th

1:09:13Avenue

1:09:15and on 5th Avenue for

1:09:1760

1:09:1860 I'm 67 years old, so

1:09:21I can tell you whatever you want to know

1:09:23about what's going on there.

1:09:25So

1:09:26but I I'm really hoping you'll put a

1:09:28conditional use that they put a 6-ft

1:09:30fence there cuz they really are

1:09:31dangerous some of the people. Some are

1:09:33really nice. Some you can wave at.

1:09:36But, other ones are really violent and

1:09:39we just asked that

1:09:41if you're going to do drugs, have them

1:09:43do them on your your big parking lot,

1:09:45not on our property.

1:09:47So.

1:09:48>> Thank you.

1:09:49And so,

1:09:51you're generally in support with the

1:09:53condition of adding a 6-ft fence. Is

1:09:55that what I'm hearing?

1:09:56>> I'm praying. Three times I contacted

1:09:58MASH with Leslie Riddle, their vice

1:10:00president of something,

1:10:02and she admitted in the email that the

1:10:054-ft fence was not enough security.

1:10:08I don't know who's in charge of putting

1:10:10up the 6-ft fence so that it matches

1:10:13their other fences. I don't know why

1:10:15they didn't do it to match their other

1:10:17fence,

1:10:18but

1:10:19I don't want to pay for it. They're

1:10:21making money, I think

1:10:23they should pay for it, not me. I mean,

1:10:27I'm already fencing my other properties

1:10:29because of

1:10:31the other people that have come on my

1:10:32properties from there. And I follow the

1:10:34people in my car to make sure they're

1:10:36shelter people, you know, cuz I don't

1:10:38want to accuse somebody else that's not

1:10:40there.

1:10:41So.

1:10:43>> Uh thank you. I have a question from

1:10:45Commissioner McKee.

1:10:47>> Um through the chair.

1:10:48Um

1:10:50So, this area gets a lot of transient

1:10:52movement. It always kind of has.

1:10:55Since you've lived in the area for a

1:10:56very long time,

1:10:58and you may have already answered my

1:10:59question. Do you think the spike is

1:11:02directly related

1:11:04to the shelter or it So, I'm asking if

1:11:08you have because you were in you live

1:11:10there, you're in close proximity, your

1:11:11businesses are there. Have you seen a a

1:11:14significant spike directly associated to

1:11:17when the facility opened in September of

1:11:20'25?

1:11:22>> Yes, because the other transients,

1:11:24they just moved from like North Mountain

1:11:26View to Bean's Cafe.

1:11:28So, they would use I think that's

1:11:30Commercial Drive there.

1:11:31Uh

1:11:32the first thing that opened was the

1:11:34first pot store on Anga and 3rd.

1:11:37I got a little people around my dumpster

1:11:39in the alley.

1:11:41Nothing that caused concern. They didn't

1:11:43assault me. They didn't do anything.

1:11:46Um Safe Harbor people there, I think

1:11:48it's called Sitka Place. Wave at them

1:11:50all the time. They always wave back.

1:11:52Nice people.

1:11:54These other people that are moving into

1:11:56this other shelter.

1:11:59Some are nice. I can't say they're all

1:12:00bad. There's a lot of violent people

1:12:02there who do not respect women.

1:12:06I consider myself getting old, so I

1:12:08guess you could say they don't respect

1:12:09old people either.

1:12:11And just

1:12:13it's sad what it's turned into with that

1:12:16opening.

1:12:17So.

1:12:18>> And I'll just express I'm I'm sorry to

1:12:21hear that you've been assaulted. That's

1:12:23sounds very terrifying. I'm glad you're

1:12:25okay.

1:12:25>> Yeah. Thank you.

1:12:28>> Uh thank you.

1:12:30>> Okay, thanks.

1:12:31>> Anybody else wishing to testify?

1:12:40>> Good evening. Uh my name is Ned Zippe

1:12:43Brahimi.

1:12:44I'm a resident at

1:12:46>> Can you uh spell the name?

1:12:49>> It's n e d z i p i b r a i m i.

1:12:55>> One again.

1:12:58>> Got you. Okay. Uh n e d

1:13:01z i p

1:13:04i b r a i m i.

1:13:10>> Thank you. Go ahead.

1:13:11>> Well, I'm a resident in the neighborhood

1:13:13there. I have a house there. It's just a

1:13:15single house. It's not a business. Uh I

1:13:18work for a living. Uh

1:13:21Anyway, um been there for about 27 years

1:13:23now. So, since like 99 or so.

1:13:28And um

1:13:30it has become a problem uh

1:13:32over the years it all the homelessness

1:13:35has increased

1:13:37all the uh

1:13:39you know uh

1:13:41certainly the trash right now lately if

1:13:44you go right now you're going to find

1:13:45trash everywhere. Uh I try to manage it

1:13:49clean it in front of my house a lot of

1:13:50times just sweep it myself pick it up

1:13:52myself

1:13:54but I cannot do the whole neighborhood.

1:13:56Um

1:13:58So it has become a problem. There

1:13:59there's been people that there is uh

1:14:03two cannabis stores nearby so drugs are

1:14:06not that hard for the for the homeless

1:14:08to get if they have the money and how

1:14:10they probably just going to just buy

1:14:12them just walk up to them.

1:14:14Uh

1:14:15as far as patrols go

1:14:18uh I haven't seen patrols there in

1:14:20probably

1:14:22longer than a month and

1:14:24I'm out there at any time of the day

1:14:26pretty much so

1:14:29uh

1:14:30get up

1:14:31like early at 4:00 in the morning and

1:14:35sometimes I see homeless people just

1:14:37sitting there on the on the street you

1:14:38know smoking pot or drinking or whatever

1:14:41they're doing you know and

1:14:43you know but uh

1:14:45so the location is not exactly a

1:14:50good place for it uh as you heard from

1:14:52the rest of the businesses business

1:14:54owners and runners.

1:14:57Um

1:14:59and um

1:15:03so anyway uh

1:15:05the what I'm trying to say is that the

1:15:10sheltering is not contained to the

1:15:12property itself. It affects the whole

1:15:14neighborhood there and there is trash

1:15:17there is uh

1:15:19uh

1:15:20needles

1:15:21and you know glass everywhere from time

1:15:24to time there's people walking and some

1:15:28of them don't even have like at night

1:15:30they don't wear any kind of reflective

1:15:32clothing or nothing, you know, and then

1:15:35in uh

1:15:37during the evening times, it's kind of

1:15:39hard to see them sometimes, you know.

1:15:40They all going to get around over there

1:15:42and

1:15:43they walk in the middle of the street.

1:15:45Uh

1:15:46it's

1:15:48so

1:15:50but it's definitely been different since

1:15:53when I moved in

1:15:56and now.

1:15:59And

1:16:00so that's that's all I got to say, you

1:16:03know.

1:16:03So.

1:16:05>> Uh thank you.

1:16:08Anybody else wishing to testify, please

1:16:10step forward.

1:16:15>> Hi, I'm Suzette Ibremi.

1:16:18And

1:16:20I witnessed a guy just 2 days ago peeing

1:16:23on my neighbor's

1:16:25house and checking out his yard.

1:16:29And I told him to get the hell away, but

1:16:32he do he left, but it's stuff like that.

1:16:35I have two small children that I watch

1:16:37that are my my grandchild and my

1:16:40friend's kid.

1:16:41And I'm

1:16:43can't take them outside without worrying

1:16:46if somebody's going to

1:16:48come up or

1:16:51expose themselves

1:16:53like that.

1:16:56So,

1:16:57I don't want them there

1:16:59because

1:17:00of my children or the children.

1:17:06So, I don't I don't know if we can

1:17:09what we can do with them, but

1:17:13I don't need them around my my grandson

1:17:15and my friend's kid. They're 5 and 2

1:17:18years old.

1:17:19I don't need someone coming and peeing

1:17:22on the street

1:17:24and exposing themselves.

1:17:29So,

1:17:29that's what I got to say.

1:17:31>> Thank you.

1:17:34Anybody else wish to testify?

1:17:44>> Hello, my name is Terry Holtman. I'm one

1:17:47of the business owners on 1900 East 3rd.

1:17:51I'm basically just going to repeat

1:17:54everything

1:17:55everyone else said. There's a huge

1:17:57uptick in vagrancy, vandalism,

1:18:01people store booze on our property or

1:18:04around it. Uh there was a firearm stored

1:18:06near our property

1:18:08so they can get into the shelter.

1:18:10And it's a significant uptick since

1:18:13Linda's Place has gone in.

1:18:16And I get, you know,

1:18:18there's a cost to homelessness

1:18:20and

1:18:23we all pay for it one way or the other.

1:18:27If they're a for-profit business and I'm

1:18:29a for-profit business

1:18:31and I have to absorb the cost of doing

1:18:33business,

1:18:34they should also absorb the cost of

1:18:36doing business.

1:18:38Their patrols are just a volunteer in a

1:18:41vest.

1:18:42They don't actually do anything.

1:18:44We've had to hire private security to

1:18:46actually make

1:18:47a meaningful presence.

1:18:50And

1:18:53everyone could say that 100 times over

1:18:55and it's all true.

1:18:57But there's also the other part where

1:19:00it's not a good spot for the occupants

1:19:02either. I mean,

1:19:05they're all people with vices and

1:19:07addictions.

1:19:09If you have any experience with

1:19:10homelessness,

1:19:12that's basically 100% con- consistent.

1:19:16So we probably shouldn't house them

1:19:18immediately adjacent to a highway,

1:19:21a hotel,

1:19:23a sex toy shop,

1:19:25pot shops,

1:19:26and make it low barrier entry.

1:19:29That's just not a good idea.

1:19:33And I hope you take that into

1:19:34consideration.

1:19:38>> Thank you.

1:19:41>> Anybody else wishing to testify?

1:19:51>> Our name is Phil Johnson. I'm one of the

1:19:53owners of Air Source Alaska along with

1:19:55Terry.

1:19:56And I want to

1:19:58thank the commission. I want to

1:19:59thank Commissioner Eubank. Your question

1:20:01I felt was good. In September of 2025,

1:20:04the shelter appeared and it felt like it

1:20:06was kind of forced on us with no notice.

1:20:10And to quantify the difference, this is

1:20:13a transient part of town with the the

1:20:14bus stops on third.

1:20:16But based on just what we see on the

1:20:19corner of third and Sitka, it was a

1:20:21immediate 500% increase.

1:20:24An immediate 500% increase from

1:20:26September of 2025.

1:20:29And I I understand the

1:20:31justification and need for

1:20:34cold weather shelters, but it seems to

1:20:36have been a crescendo over the summer,

1:20:39especially in the last few months.

1:20:41And in in my mind, and this might be

1:20:44outside of the scope of this hearing,

1:20:47but a a model for a shelter, it's been

1:20:49mentioned before me, we're taking some

1:20:51of the most vulnerable of society and

1:20:53putting them in a box with the predators

1:20:55of society.

1:20:57And the model itself needs to be

1:20:58questioned,

1:21:00especially outside of the coldest months

1:21:01of the year,

1:21:03because they they haven't needed cold

1:21:04weather shelter for the last several

1:21:06months. And it's

1:21:08it's a it is a for-profit business

1:21:11destroying the for-profit businesses and

1:21:13residences around them.

1:21:15And we've had employees assaulted.

1:21:18We've had conferences with uh Anchorage

1:21:21Police Department. We were advised to be

1:21:23good victims.

1:21:25And in my defense, you know, the staff

1:21:29from from the shelter

1:21:31mentioned that they haven't heard many

1:21:32complaints, but we're we're very busy.

1:21:34We're we're a commercial contractor.

1:21:36We average 50-hour weeks and we're very

1:21:38results-oriented. And so,

1:21:41we're not going to make daily

1:21:42complaints, especially if there's a

1:21:44conflict of interest. You know, we we

1:21:46want them to go away.

1:21:48And they want to

1:21:49maintain public image in this thin veil

1:21:52of virtue.

1:21:53And so we have hired private security.

1:21:55They show up in 15 minutes and solve the

1:21:57problem. But it's expensive.

1:21:59It's really expensive and

1:22:02um

1:22:04we didn't

1:22:05we didn't have room in the budget for

1:22:06that. This isn't

1:22:08you know, 2015.

1:22:11Anchorage, Alaska. This is a different

1:22:13economy.

1:22:15And so I'll uh forfeit the rest of my

1:22:17time. Thank you.

1:22:20>> Thank thank you.

1:22:23Anybody else?

1:22:31>> Hello. My name's Kathleen Icolt and I am

1:22:34part owner of the property to the east

1:22:37of the shelter.

1:22:39And um

1:22:41it's really terrible.

1:22:42The people uh

1:22:45the residents or the guests as you call

1:22:47them

1:22:48uh will throw rocks at you, chase you

1:22:51with a stick if you ask them to move out

1:22:52of the road. They go on our property and

1:22:56lean against the building. You ask them

1:22:58to leave and they scream at you, beat on

1:23:01your car.

1:23:02Um we're told to be good neighbors and

1:23:05be compassionate, which I think we are,

1:23:07but they are not good neighbors.

1:23:09And

1:23:11it seems like no one will ask them, the

1:23:14residents, to be good neighbors, to stay

1:23:17in their own property, to not litter, to

1:23:21not pee and poop anywhere they feel like

1:23:23it.

1:23:25They're We have to clean up after their

1:23:26dogs. We clean up their trash.

1:23:29Um

1:23:30it's it's terrible.

1:23:33And I I really wish you would do

1:23:34something about it. Thank you.

1:23:41>> Thank you. Anybody else wishing to

1:23:43testify, please step forward before we

1:23:50bring the petitioner back up.

1:23:53I'd seen no one, bring the ask the

1:23:55petitioner, you have 4 minutes.

1:24:08>> Uh so, a number of comments have been

1:24:10made about the patrols and Chris is

1:24:12here. He's our shelter manager. I

1:24:14thought he'd let him talk up to that.

1:24:18>> Uh hi, my name is Chris McConnell. I'm

1:24:20the general manager of Linda's Place.

1:24:22Um

1:24:23we do have implemented

1:24:25uh security walks. Um

1:24:27>> [clears throat]

1:24:28>> they may not have been visible in the

1:24:30past. Um as of recent,

1:24:33I

1:24:34have instructed my staff to wear safety

1:24:36vests outside of their

1:24:39um jackets when they're walking. Um so

1:24:42that they our neighbors know that it is

1:24:44our staff that are walking in the

1:24:45neighborhood and doing their things.

1:24:47Um they have been instructed to carry

1:24:50uh a garbage picker and garbage bag with

1:24:53them at least once a shift

1:24:56uh to try to help ease the the trash in

1:24:58the neighborhood and we are looking into

1:25:02um certain trainings to get these guys

1:25:05uh familiar with what to look for, how

1:25:07to look for it, what to observe, and

1:25:09things of that nature. So, we are taking

1:25:12uh

1:25:13a maybe a reactive measure to some of

1:25:15the things that are going on in the

1:25:16neighborhood, but they are being

1:25:18addressed currently and we hope to

1:25:21alleviate uh much of the situation

1:25:24that's happening in the neighborhood.

1:25:29>> In addition, um

1:25:30the the letter that Phil uh submitted,

1:25:33he made 10 recommendations. Um and as

1:25:37has been alluded before, most of these

1:25:39we are currently working to comply with.

1:25:41So, I'll just go through them quickly.

1:25:44Uh the capacity limit of 100. Um

1:25:48we would request that we be allowed to

1:25:51go to 150. That's our contract with the

1:25:54city. We do that only during the winter

1:25:57um

1:25:58when the conditions are severe outside

1:26:00and the city's looking to provide

1:26:02housing.

1:26:03Um the good neighbor plan the written

1:26:05good neighbor plan we have a good

1:26:06neighbor plan that we've executed with

1:26:09the community council. Um it includes

1:26:12the security patrols 24 hours a day um

1:26:15in the area that has been described. Um

1:26:1924-hour contact line we've got that in

1:26:21place and we've attempted to share that

1:26:23with the neighbors and happy to share

1:26:25that again with everyone that's here.

1:26:28Um a protocol for banning um our clients

1:26:31that exit we intentionally do not exit

1:26:34clients overnight. We exit them in the

1:26:36morning and we give them a bus pass.

1:26:38These are people who have we've asked to

1:26:40leave. We give them a bus pass to try to

1:26:42move them out of the area. That's our

1:26:44intent. Um the only exception to that is

1:26:47if there's something that is dangerous

1:26:48or violent and then we call the

1:26:50Anchorage Police Department and they do

1:26:52that. Um the daily litter and sanitation

1:26:55patrol we've talked a little bit about

1:26:56that. The no pet policy um we have uh

1:27:01it's our the the city requires that we

1:27:03allow pets.

1:27:05But I will say um we we have a capacity

1:27:08of five pets and we've kind of always

1:27:10had five pets whether it's 100 or 150

1:27:13people so that doesn't change um

1:27:16uh significantly

1:27:18um

1:27:20as we search. Number seven uh in terms

1:27:23of queuing um

1:27:25we

1:27:27don't believe we queue people outside

1:27:29but but I've asked that we confirm that

1:27:32and and that we not queue people we

1:27:34queue people only inside and on our

1:27:35property not on public space. Um

1:27:38obviously we'll comply with the shelter

1:27:40license requirements and we've talked a

1:27:43little bit about the um

1:27:45uh the one year um or the the renewal of

1:27:49our license over time uh as a as a

1:27:51shelter.

1:27:53The last thing that I haven't touched on

1:27:55yet is the 4-ft fence and um

1:27:58we're willing to to build an 8-ft fence

1:28:01if that is your desire.

1:28:03I'm available for questions.

1:28:08>> Uh question from Commissioner McKee.

1:28:12>> Um through the chair

1:28:15I've been on other commissions and with

1:28:17South Central Foundation with their

1:28:19treatment facility that they were

1:28:20putting in um granted it's a treatment

1:28:22facility but they were housing people

1:28:24there who were in recovery.

1:28:26They came before the the commission to

1:28:29ask for a variance to be able to install

1:28:31a 10-ft fence that had no holes and was

1:28:35not um

1:28:36an item that people could see through so

1:28:38that things could not be passed over,

1:28:40could not be passed through, and was a

1:28:43better visual deterrents for adjacent um

1:28:47members of the community is is a a 10-ft

1:28:50fence something because they did

1:28:52extensive research including the

1:28:54military recommends a 10-ft fence for

1:28:57these types of facilities.

1:29:00>> We've not considered a 10-ft fence or

1:29:02the cost of that um so I'd have to kind

1:29:05of look into that. We have where it's

1:29:08appropriate um

1:29:10put um

1:29:12visible um

1:29:14slats to to reduce the the um

1:29:17the visibility into the property. Again,

1:29:20this fence we're talking about there's a

1:29:22fair amount of growth. I I don't know

1:29:24that

1:29:25that would um

1:29:27make much of a difference but we could

1:29:28consider that if that's what the

1:29:30commission would like.

1:29:40>> Thank you. I see no further questions.

1:29:44You have 6 seconds remaining.

1:29:52Take that as the petitioner forfeiting

1:29:55their last 6 seconds.

1:29:58We'll close the public hearing. What is

1:30:00the will of the body?

1:30:14>> Commissioner McKee, would you like to

1:30:16state your motion?

1:30:18>> I move in case 20260084

1:30:21to approve the conditional use permit

1:30:22for a homeless and transient shelter

1:30:24subject to the conditions on our page

1:30:26six of the staff report.

1:30:30>> Thank you. Is there a second?

1:30:42That's seconded by Commissioner Ron.

1:30:43Commissioner McKee, would you like to

1:30:44speak to your motion?

1:30:46>> Yes, I do not intend to support the

1:30:48motion. Um,

1:30:49I based on the findings in the packet do

1:30:53not believe that criteria one is met.

1:30:57I do not feel that um granting this

1:31:00variance enhances the economic vitality

1:31:04or the um

1:31:07adjacent

1:31:09business profitability. So, I don't feel

1:31:11that it enhances shopping activities.

1:31:14Um I also don't feel that criteria two

1:31:18was met. I don't think that um

1:31:22the environmental impacts are being

1:31:24minimized. I don't believe that the

1:31:26abutting residential areas are protected

1:31:29from potentially negative impacts

1:31:31associated with the commercial activity

1:31:33of this location.

1:31:35I also don't agree that criteria five

1:31:38has been met. I don't think that the

1:31:40character of the surrounding

1:31:41neighborhood is not anticipated to

1:31:43change in a way that limits the use of

1:31:45other properties.

1:31:47Um I do feel that the surrounding

1:31:49properties and businesses are being um

1:31:52impacted, that their activities have

1:31:55changed as a result of this um shelter

1:31:58being located in this place.

1:32:01Um I additionally don't agree that

1:32:02criteria seven has been met. They do not

1:32:05think that the proposed use will have no

1:32:08greater impact to noise, air, water,

1:32:10other forms of environmental pollution.

1:32:12So, I do feel that there is um increased

1:32:16um noise and potentially impacts to

1:32:19water quality from people defecating in

1:32:22um non-

1:32:24treated facilities.

1:32:26I have great empathy for the condition

1:32:30of homeless people in our city. I do

1:32:32feel like it's something that we need to

1:32:34do. I think one of the people who

1:32:36provided testimony made a good point

1:32:38that 150 people who are struggling with

1:32:42a variety of situations being

1:32:44consolidated might just be exceeding the

1:32:47capacity of what can be done well.

1:32:49I think that there's a very successful

1:32:51model located um in the property

1:32:54adjacent to the church on 15th. The

1:32:57facility is clean. It's a very

1:32:59successful model of how we can help our

1:33:02transient population transition back

1:33:04into society in a successful way. But I

1:33:08I do [clears throat] feel that um the

1:33:11criteria are not met to grant the

1:33:13variance. I feel that 150 people greatly

1:33:16exceed the capacity of of the density

1:33:20that we should be consolidating in one

1:33:22singular location.

1:33:24Um I also

1:33:26the petitioner

1:33:29seems resistant to incurring the costs

1:33:31that would be necessary for them to

1:33:33provide a secure boundary to their

1:33:36facility such as a 10-ft fence.

1:33:38You hear that the adjacent businesses

1:33:40are having to increase and pay for

1:33:41security themselves and or additional

1:33:44lighting at a great um impact to their

1:33:47operating costs. We heard one petitioner

1:33:49or public testimony state that they're

1:33:52paying for private security which comes

1:33:53on site within 15 minutes, but that this

1:33:55is costing them a great amount of money.

1:33:58That's why I don't intend to vote in

1:33:59favor of this motion.

1:34:03>> Thank you, uh, Commissioner Ebersole.

1:34:07>> Um,

1:34:08well, I support the opportunity that the

1:34:11use could provide in helping the

1:34:13homelessness issue that we face. Um, I

1:34:15don't think that I could sum up

1:34:18any better than what Commissioner McGee

1:34:20said. So, that being said, I'm just

1:34:22going to add a couple things. Um, I have

1:34:24issues with criterion eight with the

1:34:26DOT. Um, the crosswalks are 800 and

1:34:291,400 ft to the west and to the east,

1:34:31and while they're zoned commercial,

1:34:32their particular use has caused

1:34:34significant foot traffic

1:34:36at one of the busiest corridors in

1:34:38Anchorage. And from a practical

1:34:39standpoint, it's obvious from the people

1:34:43testifying tonight that it's just the

1:34:45permanent shelter is not conducive to

1:34:48the site. Um, furthermore, there's

1:34:50significant issues with businesses

1:34:52absorbing

1:34:54um, and experiencing,

1:34:56um, unsolved issues.

1:34:58Um, while I believe those might be

1:35:03I guess, um, enforced by different

1:35:06different agency, um, if this use was

1:35:08not allowed, then they wouldn't exist at

1:35:10all.

1:35:11Um,

1:35:12there's a reason why this is a

1:35:13conditional use permit versus a

1:35:15permitted use, and I don't think this

1:35:18use should be allowed on this site.

1:35:22>> Uh, thank you, Commissioner Christian.

1:35:24>> Could staff describe the, what would

1:35:27happen if this conditional use

1:35:29application was denied?

1:35:36>> Uh, no.

1:35:43>> Um, uh, through the chair, uh,

1:35:45Commissioner Christian,

1:35:47uh,

1:35:48because there's still an emergency order

1:35:50in place, they could still operate under

1:35:53the emergency order. Uh,

1:35:56however, at some point that will expire,

1:35:58and they could not continue to operate

1:36:00unless the assembly

1:36:03created a new emergency order.

1:36:06Um

1:36:08And I I was going to say

1:36:10I'd have to check code. I can't You can

1:36:11apply Well, actually one Let me ask one

1:36:14question of my staff before I wanted to

1:36:15add one other thing.

1:36:22Uh and then I just confirmed

1:36:24what the code says

1:36:26with Francis is

1:36:27if if this is denied they could submit a

1:36:30new application. There is not a a

1:36:32waiting time before they they could

1:36:34resubmit if they wanted to still pursue

1:36:36getting the conditional use. We do have

1:36:38some types of applications where they

1:36:40we there's a certain waiting time before

1:36:42you can reapply.

1:36:47>> Uh I understand the concerns of previous

1:36:50commissioners and of those testifying. I

1:36:52will note that it is late October. This

1:36:54facility houses a significant portion of

1:36:57our shelter beds for this winter. If the

1:36:59commission doesn't feel that they can

1:37:02um

1:37:03get to approval tonight or that we

1:37:05haven't heard sufficient information, I

1:37:07would request that we make a motion to

1:37:09postpone so that the petitioner and

1:37:14uh

1:37:14staff and neighbors can find their way

1:37:18hopefully to conditions that would allow

1:37:20us to keep this um not just important

1:37:24but uh frankly I find it hard to imagine

1:37:27what would happen if we um at this

1:37:31moment after

1:37:33a 1-hour discussion um denied this

1:37:35condition. So, I'm not prepared to do

1:37:38that tonight and if that is the

1:37:41direction the commission is going in, I

1:37:42would request that we postpone to give

1:37:45us the opportunity to

1:37:47allow everyone to present more

1:37:48information including ways that um

1:37:52the operator and the city proposed that

1:37:54we can fill this gap because I don't

1:37:56believe that it could be filled

1:37:57otherwise. Thank you.

1:37:59>> Thank you, Commissioner Baza.

1:38:01>> Um I have a question for staff. So, you

1:38:04say that if we reject this conditional

1:38:06use per

1:38:07permit, then

1:38:09the shelter will continue to operate as

1:38:11long as there's an emergency order. Two

1:38:14questions. When does the emergency order

1:38:16expire if you know that? And the second

1:38:18question would be

1:38:20um, if the assembly would was to choose

1:38:23to renew the emergency order, would the

1:38:25neighbors have a chance to go talk to

1:38:27the assembly and present their views?

1:38:32>> You could call up the

1:38:34the

1:38:35property man owner and ask them those

1:38:37questions. I don't I don't know the

1:38:38answer to any of those questions.

1:38:40>> Through the chair to Commissioner Baza,

1:38:43um, the emergency order is actually from

1:38:46the um, health director. She has the the

1:38:48power to

1:38:50call an emergency, um, under which

1:38:52shelters in the um, municipality are

1:38:55allowed to operate um, without having to

1:38:59be uh, title 21 requirements.

1:39:03Um, I believe that the current emergency

1:39:05order is in effect until she um,

1:39:08declares that the emergency is over. Um,

1:39:11I don't think there's a set date. Um, so

1:39:15they and the assembly does not hear

1:39:17conditional uses and they are not

1:39:20involved as far as I understand it, they

1:39:22are not involved in

1:39:24um,

1:39:25declaring that emergency.

1:39:27So, this commission is the um, basically

1:39:30the venue for the neighbors and the

1:39:33um, the public to um, have a voice in

1:39:36what is happening on that property.

1:39:40>> Thank you.

1:39:49>> Anybody else wishing to speak to the

1:39:50motion?

1:39:55Commissioner Ron.

1:40:01>> Thank you, Mr. Chair. Um, I appreciate

1:40:03the um,

1:40:05input provided by

1:40:06another commissioner around

1:40:09not being prepared to vote no on this

1:40:11tonight given the recourse and

1:40:15the weight of the situation. It's a

1:40:17complex case that is affecting many many

1:40:20people

1:40:22beyond an hour's worth of discussion

1:40:24being able to resolve.

1:40:26While

1:40:28I can appreciate other commissioner's

1:40:29comments with respect to the use

1:40:31criteria, I disagree on a number of

1:40:33them. That said, um

1:40:36use criteria 5, 6, and 7, I'm struggling

1:40:39to come to a conclusion that they are in

1:40:42fact met. At most, I would say partially

1:40:44met.

1:40:45Um

1:40:46while I'm not a no, I'm not a full yes

1:40:49um

1:40:49on the case as it's been presented

1:40:51tonight.

1:40:53All that said, I would like to take up

1:40:55Commissioner Krishna's recommendation

1:40:56and

1:40:58move to postpone indefinitely. I think a

1:41:01postponement would need to have some

1:41:02elements attached to it as far as what

1:41:04the commission would like to see

1:41:06before

1:41:07re-approached by the applicant.

1:41:10But I'm of the the mind that a

1:41:13postponement could be in

1:41:15um

1:41:16the best interest of of

1:41:18of all.

1:41:21>> A motion to postpone. Is there a second?

1:41:26>> Indefinitely.

1:41:31>> I would be happy to add a date certain

1:41:33if we can come to some agreement with

1:41:34the department and the applicant as to

1:41:37time and reasonable.

1:41:38But I also don't want to lock things in

1:41:40from moving too slowly or

1:41:43be too aggressive.

1:41:44I want this to come back before the

1:41:46commission.

1:41:47>> That's seconded by Commissioner Pullis.

1:41:50Commissioner Ron, would you like to say

1:41:53anything further to the motion?

1:41:54>> Point of information if possible. I'm

1:41:56sorry.

1:41:57Just if you do postpone indefinitely, I

1:42:00think I believe that puts the applicant

1:42:02in a position where they would need to

1:42:03apply again

1:42:04um, a conditional use.

1:42:07Um, and I'm looking to staff to see if

1:42:10they want to correct that, but um, if

1:42:13you postpone to a date certain, that may

1:42:15give us a chance to have a work session,

1:42:18um, and um, have an end date in sight

1:42:22for this discussion.

1:42:26>> Thank you for that. I would like to

1:42:27amend the motion to

1:42:30postpone to a date certain.

1:42:36Do you accept the amendment?

1:42:40Commissioner Ron, would you like to

1:42:41speak to the motion?

1:42:44>> Not unless I need to identify the date.

1:42:46No, we're good.

1:42:48>> I think we're good. Well, anybody else

1:42:51wishing to speak to the motion to

1:42:54>> I'm sorry to interrupt again, Chair.

1:42:56A date would be very helpful, actually.

1:42:58A date certain.

1:43:00>> Does the department have a date that

1:43:02they would suggest?

1:43:08>> One moment, I'm sorry.

1:43:43Chair Spinelli, um, and through the

1:43:45Chair to Commissioner Ron, I think that

1:43:47if you would like to have enough time to

1:43:49have a work a work session scheduled in

1:43:51between now and the next meeting on this

1:43:54topic, I would recommend um, at least a

1:43:58month, um, which puts us into well into

1:44:02the end of

1:44:03November, and potentially would

1:44:07recommend December 14th, which is the

1:44:09second meeting in December.

1:44:18>> Commissioner Ron, would you like to

1:44:19reinstate

1:44:21your motion?

1:44:22>> Third time's a charm. Move to postpone

1:44:24to uh December 14th.

1:44:28>> Commissioner Poulos?

1:44:28>> Second.

1:44:31>> Anybody else wishing to speak to the

1:44:33motion?

1:44:36Hearing none.

1:44:38Oh, Commissioner Poulos.

1:44:40>> Yeah, I'll just add that um you know,

1:44:43I agree with a lot of statements made by

1:44:44other commissioners tonight. Um I am not

1:44:47into closing transient shelters um for

1:44:50people that are in need, but

1:44:52this site itself seems like kind of a

1:44:54menace to the surrounding businesses and

1:44:56um I think we need to figure that out

1:44:57before we can proceed with this. So, I

1:44:59intend to support the motion to

1:45:00postpone.

1:45:04>> Commissioner McKee.

1:45:08>> I'm not sure if this is a question, but

1:45:10can we stipulate conditions with that

1:45:12postponement versus voting tonight?

1:45:14Because it

1:45:16they're

1:45:17the

1:45:18I also agree that

1:45:21we don't want to just

1:45:23abandon people who are in need, but at

1:45:26the same time, the way that they're

1:45:28currently operating their facility is

1:45:30creating significant hardship and risk

1:45:33and costs to the adjacent businesses. I

1:45:36mean,

1:45:37people are being assaulted in their

1:45:38homes.

1:45:40That also has to take precedence, I

1:45:42believe, on the commission

1:45:44that we

1:45:46act

1:45:48for public safety. I I I don't know. I

1:45:51don't know whether that's like we can

1:45:52stipulate conditions like they must

1:45:54install fencing. They absolutely shall

1:45:57do patrols on a 30-minute time interval

1:46:00because it says should. They're not

1:46:02there isn't a shall

1:46:04in their contract.

1:46:06>> I don't think there's anything that we

1:46:08can say tonight that would force them to

1:46:10do anything tomorrow, but your comments

1:46:13have been heard. If you have any more to

1:46:15make, they will hear them, and assuming

1:46:18they do come back,

1:46:20they will hopefully answer them.

1:46:22>> So, if we don't vote in favor of

1:46:24postponement, then what happens? We vote

1:46:26on the original

1:46:28>> Then we would be back to the original

1:46:30motion.

1:46:37Anybody else wishing to speak to the

1:46:38motion to postpone?

1:46:41>> Uh

1:46:43>> Francis.

1:46:44>> Yeah, does anyone have any uh questions

1:46:46for staff? Um so, there was a originally

1:46:49a motion to approve this. We heard from

1:46:51uh three or four commissioners. Um

1:46:54uh there are nine commissioners here.

1:46:56Um I don't know how many will attend uh

1:46:58you know, a future um hearing. Public

1:47:00hearing's been closed.

1:47:02Um it's been postponed to uh I guess uh

1:47:05make the decision at a at future

1:47:07meeting. Uh the December uh 14th. It's

1:47:10going to snow tonight, right? But, um it

1:47:13takes five positive votes uh to pass a

1:47:15motion. We have nine here. We've heard

1:47:17from three or four. One option is to go

1:47:19through and hear from everyone to see if

1:47:20you have the votes to pass it or not.

1:47:22But, if you postpone it the way you've

1:47:23done, I don't know uh what occurs

1:47:25between now and uh December 14th. Um

1:47:29perhaps we have some sort of um you

1:47:31know, meeting with you all, and there's

1:47:33more discussion with uh the operator.

1:47:36But, um

1:47:40I I I've I've been through this sort of

1:47:42thing for for many years, uh two decades

1:47:44now, and um you know, um

1:47:50you can't control people's behavior, per

1:47:52se. Um it's just So, there there issues

1:47:55with um I

1:47:57I'm uncomfortable with targeting um the

1:47:59operator of um of a shelter with the

1:48:03responsibility necessarily of of of of

1:48:06all of the the clients, because um you

1:48:09they they're dealing with um uh um

1:48:13the these issues, um

1:48:16and it it's it's not necessarily their

1:48:18fault.

1:48:19>> Thank you, Francis, but

1:48:20>> Yeah.

1:48:21>> you don't need to be comfortable with

1:48:22it. The commission will judge their own

1:48:25comfort level.

1:48:27Commissioner Eber.

1:48:29>> Um

1:48:30I think no matter what we decide, it

1:48:32still operates under an emergency order

1:48:35as a condition or as a shelter. It's not

1:48:37going to shut down tomorrow. It's not

1:48:38going to shut down in a week. It's not

1:48:39going to shut down in a month. So,

1:48:40there's time whether we agree tonight or

1:48:43we don't agree on December 14th, it's

1:48:45still going to operate as a shelter

1:48:47until the emergency order is lifted,

1:48:50which I don't think it's going to be

1:48:51lifted anytime soon.

1:48:56>> Commissioner Abaza.

1:48:57>> This is Commissioner

1:48:59Gardner. I don't know if the link is

1:49:01still good, but can you all hear me?

1:49:03>> Okay.

1:49:04Go ahead, Commissioner Gardner.

1:49:07>> Thank you. Um

1:49:08I wanted to maybe ask a question to

1:49:10staff about um I maybe partly in

1:49:13response to um Francis's comment. I

1:49:16think for my own self, the particular

1:49:20um

1:49:20approval criteria that I'm struggling

1:49:23with is number seven with respect to

1:49:24significant adverse impacts um and

1:49:27whether they'll be mitigated or offset

1:49:29to the maximum extent feasible given the

1:49:31testimony we heard tonight. And I think

1:49:34I think the way that I think about it

1:49:36and would be most helpful to me would be

1:49:38if there would be an opportunity at some

1:49:40point in the future to maybe hear

1:49:43further from the public to see if um

1:49:47some changes have been made to help

1:49:50mitigate those and whether that's

1:49:52through uh increased patrols or more

1:49:55effective patrols or additional fencing

1:49:57or whatever whatever method may be

1:49:59useful to that. And so, from that

1:50:01perspective, I don't know if there's a

1:50:02an opportunity to

1:50:04to postpone with potential for

1:50:06additional um public hearing and maybe

1:50:08some point even further into the future

1:50:11assuming that the emergency order will

1:50:12remain in place and allow this to

1:50:14continue operating.

1:50:15Um and so, we'll have a an opportunity

1:50:17for a more informed decision for a more

1:50:21permanent conditional use approval.

1:50:26>> [clears throat]

1:50:29>> Uh, real quick, sorry Commissioner

1:50:31Abbott. Can we confirm that we do have

1:50:34the ability to reopen the public

1:50:36hearing?

1:50:38>> Jared, that is correct.

1:50:41>> Thank you, Commissioner Abbott.

1:50:43>> I guess what I was going to say was

1:50:44related to that, so maybe that negates

1:50:46my point. I was just going to say that

1:50:48if we postpone, then maybe we don't have

1:50:50the opportunity to hear from the public

1:50:51again. But, if we reject the conditional

1:50:54use, then that gives the applicant time

1:50:57to correct some of the stuff that's

1:50:59happening,

1:51:00um, the public to observe it, and then

1:51:02new public hearing be started. But, it

1:51:04sounds like we can have a public hearing

1:51:06either way.

1:51:09>> Commissioner Krishna.

1:51:11>> I'll attempt to provide my perspective

1:51:13to staff's question about what

1:51:15information would be helpful between now

1:51:17and uh, December 14th.

1:51:20Um, this is

1:51:22uh, the first, I think, conditional use

1:51:24for homeless or transient shelter that

1:51:26we have seen in many years, um, maybe

1:51:29since my time on the commission,

1:51:31uh, which is now, I think, seven or

1:51:33eight years.

1:51:34Um, so I think what would be very

1:51:36helpful is both maybe a little bit of

1:51:38legal guidance and some um, and a menu

1:51:42of conditional uses that is enforceable

1:51:45through the mechanism we have here at

1:51:47this commission for conditional use

1:51:50um, enforcement. Um,

1:51:53I I would like to know where the lines

1:51:54are between what the health department,

1:51:57through the shelter licensing process,

1:51:59can enforce regarding security and other

1:52:02operating facts versus what this

1:52:05commission is able to reasonably do

1:52:08within the bounds of the conditional use

1:52:10process. I think a menu of options or

1:52:13some legal or administrative guidance

1:52:16would help the commission uh, stay

1:52:18within our purview while addressing the

1:52:21issue at hand. Thank you.

1:52:26>> Thank you.

1:52:30Motion to postpone

1:52:34to the December 14th meeting.

1:52:39Anybody else wishing to speak before I

1:52:41call for the vote?

1:52:43Seeing none, we'll call for the vote.

1:52:46>> Mr. Gardner, how do you vote?

1:52:50>> Yes.

1:52:50>> Thank you.

1:53:12>> That motion passes.

1:53:17Now, on to case 2026-0093.

1:53:28May we please have the staff

1:53:30presentation?

1:53:51>> Um

1:53:52>> Um sir,

1:53:54are you the petitioner?

1:53:55>> Yes, I am.

1:53:56>> Okay. Uh we'll take staff presentation

1:53:58first.

1:53:59>> Could we actually um just request a a

1:54:01brief recess?

1:54:02I

1:54:03>> Sure.

1:54:04>> Thank you.

1:54:05>> Well, it's 5 minutes.

1:54:07Yeah.

1:54:13All right, we are going to

1:54:16get started. Apologize for the delay.

1:54:21Before we open case 2026-0093,

1:54:27I'm going to ask for a motion to

1:54:30reconsider

1:54:32in case 2026-0084.

1:54:42That's moved by Commissioner Krishna

1:54:45Krishna, seconded by Commissioner Polus.

1:54:46Commissioner Krishna, would you care to

1:54:49speak to the motion to reconsider?

1:54:52>> You You are on the privilege side.

1:54:53>> Uh

1:54:57I would urge a yes vote.

1:55:02>> Thank you, Commissioner Ron.

1:55:05>> Uh thank you. Now that the um motion to

1:55:07postpone is on the floor, I would move

1:55:09to amend that motion to add reopening of

1:55:13the public hearing

1:55:15um on December 14th.

1:55:17>> Point of order. I'm sorry, you

1:55:21Chair, you have to um vote to reconsider

1:55:24before you can move to um amend

1:55:28anything.

1:55:30>> Thank you.

1:55:32Okay, first we will handle the

1:55:36motion to reconsider.

1:55:41>> That's right.

1:55:42>> Call

1:55:43>> Okay.

1:55:44>> Anybody else wishing to speak to the

1:55:45motion to reconsider?

1:55:48Hearing none, call for the vote.

1:55:54>> Mr. Gardner, how do you vote?

1:55:56>> Yes.

1:55:57>> Thank you.

1:55:59>> Okay.

1:56:02That motion passes.

1:56:07Now,

1:56:09we are back.

1:56:14Commissioner Ron.

1:56:16>> Thank you, Mr. Chair and Commissioners.

1:56:18I move to amend the motion to also

1:56:21reopen the public hearing.

1:56:26>> So,

1:56:26I have a question.

1:56:28So, are we voting to postpone

1:56:31and reopen the public hearing? Meaning,

1:56:33if we vote no here, we're voting on the

1:56:35original measure?

1:56:40>> It is my

1:56:42Commissioner Ron, would you like to

1:56:44speak to your understanding of your

1:56:45motion?

1:56:48>> Uh yes, it's my understanding that we're

1:56:49back where we were the first time we

1:56:51voted um on the motion to postpone with

1:56:54the exception of my latest amendment,

1:56:56which is to also reopen the public

1:56:58hearing. My intention is that there is

1:57:00one motion that we're voting on that

1:57:02postpones and re- reopens the public

1:57:04hearing.

1:57:10>> Any discussion on the motion to postpone

1:57:14and reopen the public hearing?

1:57:18Hearing seeing none, we'll call for the

1:57:20vote.

1:57:25>> Mr. Gardner, how do you vote?

1:57:28>> Yes.

1:57:29>> Thank you.

1:57:41>> That motion passes.

1:57:44Now,

1:57:46may we please have the staff

1:57:47presentation in case

1:57:502026-0093.

1:57:52>> Thank you, Mr. Chair. This is a request

1:57:54for a design variance for making

1:57:56Anchorage Municipal Code 21.07.080.H3

1:58:01to allow a fence to exceed the maximum

1:58:02permitted height of 4 ft within the

1:58:04front setback by an additional 4 ft for

1:58:07a total of 8 ft. The first page of the

1:58:09application requests shows a 6-ft tall

1:58:12fence in the which is an error.

1:58:14All additional information provided in

1:58:16the application

1:58:17states the request is for an 8-ft tall

1:58:19fence. The requested increase accounts

1:58:21for the grade difference between Hitar

1:58:23Road and the existing structure. Due to

1:58:26this elevation change, a 4-ft fence

1:58:27would not adequately adequately mitigate

1:58:29headlight intrusion, roadway noise, or

1:58:31provide meaningful privacy from

1:58:33pedestrians and vehicles traveling along

1:58:35Hightower Road. These impacts are

1:58:37expected to intensify with the future

1:58:39Holden Hills development as Hightower

1:58:41Road currently serves as the sole access

1:58:43route to that project. The applicant

1:58:46provided a clear vision diagram that is

1:58:48your supplementary packet number one

1:58:50that was handed to you

1:58:52um

1:58:53by Alaska Remote Imaging.

1:58:56Uh

1:58:56this is in accordance with the American

1:58:58Association of State Highway and

1:59:00Transportation Officials or AASHTO

1:59:02standards and in coordination with the

1:59:04Municipality of Anchorage MOA Traffic

1:59:06Department. The fence will be situated

1:59:08near the front property line. On

1:59:09September 24th, 2026, a total of 246

1:59:13public hearing notices were mailed in

1:59:15accordance with the procedures of AMC

1:59:1621.03.0208.

1:59:20Notice as of this writing, two public

1:59:22comments have been received. They can be

1:59:24found on page 36 and 37 of your staff

1:59:26packets. The Girdwood Board of

1:59:28Supervisors did not provide comments

1:59:30regarding this case. There's one

1:59:32correction to the staff report. Standard

1:59:34H still has the Urban Design Commission

1:59:35in the text and this should be the

1:59:37Planning and Zoning Commission. Let's

1:59:38just say I was thinking of Commissioner

1:59:41McKee when I wrote it.

1:59:43In order for the Planning and Zoning

1:59:44Commission to approve the variance, the

1:59:46application must state with

1:59:47particularity the relief the relief

1:59:48sought and must specify the facts or

1:59:50circumstances that are alleged to show

1:59:53that the application substantially meets

1:59:54the following eight standards.

1:59:57Standards A, B, C,

2:00:01D,

2:00:02and E are met along with G. F is not

2:00:06applicable and H is also not applicable.

2:00:10Um

2:00:11Reviewing agencies' comments are

2:00:13included in in attachment three starting

2:00:15on page 38 of your packet. There was

2:00:18comment from MOA Traffic regarding the

2:00:19sight triangle, but with the

2:00:21supplementary packet number one, the

2:00:23handout provided tonight,

2:00:25uh which was received this morning from

2:00:27the applicant, MOA Traffic provided

2:00:29Planning with email confirmation that

2:00:30this layout meets the required clear

2:00:32vision area and has no

2:00:34condition of approval. So, therefore the

2:00:36department finds that all eight

2:00:37standards are met for this variance.

2:00:40Therefore, the department recommends

2:00:41approval of the variance subject to

2:00:42conditions one and two one and three,

2:00:44sorry, found on page five of your stack

2:00:46bracket. Condition two has been

2:00:48satisfied. I can answer any questions

2:00:50that the commissioners may have and the

2:00:52petitioner is in attendance.

2:00:57Commissioner McKee.

2:00:59>> Hi, through the chair. Um, staff, the

2:01:02area is a mixed use. Um, if this were a

2:01:06commercial property, would they be

2:01:08allowed to have a taller fence? And if

2:01:10yes, what height would be allowed?

2:01:12>> Through the chair, Commissioner McKee,

2:01:13no. Commercial still would require a

2:01:15variance for any additional height over

2:01:174 ft.

2:01:19You're welcome.

2:01:24>> Can I put myself in the queue?

2:01:26>> Uh, go ahead, Commissioner Gardner.

2:01:29>> Thank you. Um,

2:01:31I wanted to just confirm the applicable

2:01:35standard that we're looking at here. Um,

2:01:38should we be looking at the the fence

2:01:40height standard in

2:01:41um

2:01:43in chapter 21.09 for Girdwood as opposed

2:01:47to 21.07? And it cuz it it looks like

2:01:49there might be a a different standard

2:01:51applicable

2:01:52in 21.09.

2:01:58>> Through the chair, Commissioner Gardner,

2:01:59give me

2:02:01give me a minute to pull that up real

2:02:02quick.

2:02:04>> Sure.

2:02:07And I'm looking at

2:02:09Uh, I don't know what section it is.

2:02:10It's page 9-75.

2:02:15And some subsection I of something.

2:03:09>> Through the chair, Commissioner Gardner.

2:03:12Fences in residential districts, I

2:03:13realize this is a commercial residential

2:03:16district, so there is a little bit of

2:03:18difference there, but it the number

2:03:20three only quantifies GC GC7, which this

2:03:23is this is not. Uh fences up to 8 ft in

2:03:26height are permitted in side and rear

2:03:28setback areas where needed for child

2:03:30safety, privacy, security, or animal

2:03:32control. However, in no case shall shall

2:03:35shall fences extend into the setbacks

2:03:37for more than 30% of the total linear

2:03:39perimeter of their lot. Fences are

2:03:41prohibited in the front setback.

2:03:46Hence the variance need.

2:03:49Girdwood code doesn't specifically speak

2:03:51to the height other than that 8 ft in

2:03:53the side and the rear. That way in that

2:03:56case it defaults to what

2:03:59Anchorage code would dictate for front

2:04:01and for front set for height within a

2:04:04front setback.

2:04:06Does that answer your question?

2:04:09>> Um maybe partly, but as a follow-up I

2:04:12guess what does be considered

2:04:14a residential district or a commercial

2:04:17district with GC

2:04:206 being

2:04:21classified as commercial in Girdwood.

2:04:25And then if it is, it looks like I 3

2:04:28subpart 3 there has 42 in for the front.

2:04:32Uh front setback back.

2:04:35>> Through the chair, Commissioner Gardner.

2:04:36So, GC6 is a residential is a commercial

2:04:39residential district. If there if this

2:04:42was like uh Commissioner McKay said, if

2:04:45this was a commercial application or a

2:04:46commercial structure,

2:04:48then that would apply. But, because this

2:04:51is a residential single-family

2:04:53structure, it defaults to the use as a

2:04:55residential district.

2:04:57>> Okay. That's helpful. And then and then

2:05:00maybe just as as a follow-up to clarify

2:05:01what you said earlier when looking at

2:05:03the residential restriction. So, so when

2:05:05the Greenwood code says fences are

2:05:07prohibited in the front setback,

2:05:09and so are we getting a variance from

2:05:11that prohibition or is

2:05:14is that something about defaulting to

2:05:16the 4 ft

2:05:18in under an Anchorage code?

2:05:23>> That is a great question.

2:05:25Give me a minute.

2:06:51>> Through the chair, Commissioner Gardner,

2:06:52after

2:06:53consulting with my supervisor, Miss

2:06:56Appleby,

2:06:57GC6 does fall within the commercial

2:07:00zoning district.

2:07:02So, this would in fact be a variance

2:07:05from 42 inches in height to 96 inches or

2:07:093 ft 6 inches to 8 ft.

2:07:14And it's not within the GC which is not

2:07:16within the GC7, which it's prohibited.

2:07:19>> Do you need to change the motion at all?

2:07:23>> Okay. All right, that that that answers

2:07:24my question. Thank you.

2:07:25>> Thank you.

2:07:42>> So, are we providing a variance to the

2:07:44correct code? Are we feel pretty

2:07:46confident about moving forward here?

2:07:53>> Chair Spinelli, yes.

2:07:56The only thing that you might we might

2:07:58need to change is not 4 ft but 3

2:08:02and 1/2 ft to 8 ft.

2:08:06With an increase of 4 and 1/2 ft.

2:08:09>> Uh

2:08:13Thank you. Is there any other questions

2:08:16for staff?

2:08:20Seeing none,

2:08:21uh

2:08:23invite the petitioner.

2:08:25Please.

2:08:26>> I'm good.

2:08:30>> Doug, you still have time you you just

2:08:32need to come and say your name.

2:08:34Can you at least just state your name

2:08:36and that you're waiving your testimony?

2:08:39>> Yes, I am the petitioner. My name is

2:08:40Douglas Mennish and I'm live at 412 High

2:08:43Tower Road in Girdwood.

2:08:46>> And uh

2:08:47you have 9 minutes and 54 seconds left.

2:08:50Would you Do you forfeit your time?

2:08:52>> I would like to forfeit my time to the

2:08:54chair.

2:08:54>> Thank you.

2:08:56You may do so.

2:08:58Um Commissioner McKee.

2:09:00>> Hi. Don't Petitioner, please don't leave

2:09:02yet. I have questions for you.

2:09:06Um one of the reasons that you stated

2:09:08that you are applying for the variance

2:09:11is that the fence needs to be taller

2:09:13because of the grade of the property.

2:09:16Um the grade isn't given in the packet.

2:09:19In the pictures, it looks very flat. So,

2:09:21what what is the grade of the property?

2:09:24>> It's It's approximately 2 ft and it's

2:09:27very difficult to get that in pictures.

2:09:30And I was trying not to spend a lot more

2:09:32money on surveys. But, it's about 2 ft

2:09:35and you can see as

2:09:37as the property runs down to the right

2:09:40towards

2:09:42uh Holton Hills, that's where it really

2:09:44starts elevating down to where that turn

2:09:47is.

2:09:48>> Thank you. And then my other question I

2:09:50have for you, and it's just a point of

2:09:51clarification,

2:09:53is that your aesthetic you say you're

2:09:55going to utilize 9-ft T1-11,

2:09:59but I'm assuming you're placing it

2:10:01at at a You're rotating it so that you

2:10:04only have 8 ft and not 9 ft or are you

2:10:06embedding it a foot?

2:10:07>> Correct. Uh some of the siding on our

2:10:09home is eight 1 by 8 spruce horizontal.

2:10:13So, we're using T1-11 and rotating it so

2:10:16it matches that horizontal

2:10:19uh

2:10:20design style of the house.

2:10:23>> Thank you.

2:10:29>> Uh Commissioner Run.

2:10:33Thank you uh through the chair. Mr.

2:10:34Mennish, I'm uh trying to uh clarify

2:10:38um

2:10:40fence location. Um in our staff packet

2:10:43on page 23,

2:10:45uh, looks like there's an as-built

2:10:47um, with some pen drawing on it. Um, if

2:10:50you're looking

2:10:52well, that's west of your driveway. It

2:10:54looks like that pen drawing, which I

2:10:55presume is intended to be the fence, um,

2:10:57is angling back from your front property

2:11:00line.

2:11:01And as laid on the table tonight in a G2

2:11:04supplementary packet, it looks like the,

2:11:07um,

2:11:08the fence goes all the way to the

2:11:10property line at the west. Um,

2:11:14>> That's a de-

2:11:15It's a design. We've talked with the,

2:11:18uh,

2:11:19surveyor and I wanted him to give us

2:11:22whatever plan we went with on that, the

2:11:25most restrictive. So, he ran it

2:11:27basically parallel

2:11:29to the front of the property line.

2:11:32If that makes sense.

2:11:35>> Yeah, so it as laid on the table, I'm

2:11:37looking at a a

2:11:39an as-built that shows the fence going

2:11:40all the way to, um, what would be maybe

2:11:42your northwest property corner.

2:11:46Okay. Um, when was your property

2:11:48developed? When when was the house

2:11:49built?

2:11:50>> Uh, we we were almost complete at the

2:11:53end of 2024 when we moved in.

2:11:58>> Okay.

2:11:58One more question. Um,

2:12:00the design phase of, um, the residence,

2:12:05um,

2:12:06trying to ascertain from some of the

2:12:09photos, like on page 30, it doesn't look

2:12:11like there are any windows facing

2:12:13Hightower. Can you

2:12:15let the commission know kind of what's

2:12:17happening in the front of your

2:12:19residence?

2:12:21>> Can I come and see what you're pointing

2:12:22at?

2:12:26>> Uh, sure. Permission to approach.

2:12:31>> [snorts]

2:12:36>> Um, if you could

2:12:39I'll ask you when you're back at the

2:12:40podium. Um, I'm interested in

2:12:43um, do Do windows facing Hightower? What

2:12:45what's going on in the front of your

2:12:46building?

2:12:55>> So, after having looked at that that

2:12:57image, um

2:12:58can you describe to the commission uh do

2:13:00you have windows facing Hightower?

2:13:01What's on the front of of of your

2:13:04>> Yeah, that where what you're looking at

2:13:06there is the spruce siding on the side

2:13:09of the garage.

2:13:11Right above that

2:13:12would be the

2:13:17east side of the house,

2:13:19which is glass and sliding door.

2:13:23Above that, which is the north side of

2:13:26the house,

2:13:27has 16-ft glass windows.

2:13:30And then continuing around to the right,

2:13:33we have kitchen windows that are fairly

2:13:36We have a lot of glass.

2:13:37So.

2:13:48>> Mr. Mr. Hatcher.

2:13:51>> Thank you, Mr. Chair. Mr. Ron, like the

2:13:54petitioner was saying, he had the

2:13:55surveyor do the extreme to prove that

2:13:59the clear vision area would would be

2:14:01visible even if the fence were put right

2:14:04at the property line. Whether or not

2:14:05they put it at the property line or not,

2:14:07that was the the key ingredient there

2:14:09was to make sure that they still

2:14:11maintain a clear vision even if it was

2:14:13at the extreme

2:14:14at an extreme location.

2:14:24>> All right. Uh thank you. I see Oh,

2:14:27Commissioner Poulos.

2:14:29>> You are putting the fence on private

2:14:31property, right? On your own property,

2:14:33not in the right-of-way.

2:14:35>> It is what it shows.

2:14:36>> correct. It is on our own property. It's

2:14:38not located in the right-of-way.

2:14:40>> Thank you.

2:14:40>> Yeah.

2:14:45>> Um thank you. I see no further

2:14:47questions.

2:14:49We'll open the public hearing. Anybody

2:14:51from the public wishing to testify,

2:14:52please step forward.

2:14:59Hearing seeing none.

2:15:04The petitioner has already forfeited

2:15:07their time.

2:15:08We'll close the public hearing. What's

2:15:10the will of the body?

2:15:15Commissioner McKee.

2:15:18Would you like to state your motion?

2:15:19>> Sure. I move in case 2026-009D

2:15:23to approve a variance from AMC 21.06.

2:15:27080H.3

2:15:30to allow an 8-ft fence to exceed the

2:15:324-ft maximum height in the front setback

2:15:34subject to the conditions shown on page

2:15:365 of the staff report.

2:15:38>> Thank you. That is seconded by

2:15:39Commissioner Eber. Commissioner McKee,

2:15:41would you like to speak to your motion?

2:15:43>> Sure.

2:15:45>> [clears throat]

2:15:45>> Um I intend to support this motion. Um

2:15:48the conditions as stated in our packet,

2:15:51condition A, condition B, condition C,

2:15:55um and condition

2:15:57D and E are met. Condition F does not

2:16:01apply, which is persons with

2:16:03disabilities are provided with access.

2:16:06Um condition G is met, and condition H

2:16:11um is non-applicable and is therefore

2:16:14considered met.

2:16:15Um I I'll add to that that the

2:16:18petitioner provided a schematic or an

2:16:21engineered-based drawing that shows that

2:16:23site distances will be met and that even

2:16:26if they place their fence on the

2:16:28absolute edge of the right-of-way

2:16:29boundary,

2:16:30that site distance is met for both the

2:16:32bike path and the vehicle traveled way.

2:16:40>> Ms. Appleby.

2:16:41>> Um yes, I would like to uh give a uh

2:16:45I have sort of a point of information to

2:16:46the commission. Uh as we discussed,

2:16:49uh condition

2:16:51two is met in the staff packet. Um, so

2:16:55I'd recommend a motion that the

2:16:58commission make a motion to amend this

2:17:00motion where you approve of the variance

2:17:04subject to conditions one and three and

2:17:07also state it where one references the

2:17:10Girdwood regulations. I don't think we

2:17:12need to be super specific. I think if

2:17:14you just say

2:17:15um, approve the variance subject to

2:17:19condition one with the addition of a a

2:17:22reference to Girdwood regulations as

2:17:24necessary and condition three as written

2:17:27in the staff packet. Uh, I think that

2:17:30would take care of what the what we had

2:17:32discussed uh, and what the commission

2:17:34had discussed earlier.

2:18:01So, I suppose uh, to be clear, I I'm

2:18:03requesting or I recommend that perhaps

2:18:05the chair call for a motion to amend and

2:18:08then

2:18:09uh, someone could put forward that

2:18:11amendment.

2:19:01>> Uh that looks like that would work for

2:19:03our purposes if the commissioner would

2:19:04like to make that amendment.

2:19:07>> Okay, we have a motion to amend

2:19:10to

2:19:11add condition one in addition to

2:19:14reference

2:19:16to regulations as necessary and

2:19:18condition three as written in staff

2:19:19packet.

2:19:20Moved by Commissioner Pollis, seconded

2:19:22by Commissioner Eber.

2:19:25Any further discussion on that

2:19:26amendment?

2:19:28Hearing none, we'll call for the vote.

2:19:31>> Mr. Gardner, how do you vote?

2:19:35>> Yes.

2:19:35>> Thank you.

2:19:42>> That motion passes.

2:19:45Back to the main motion as amended,

2:19:47Commissioner Ron.

2:19:52>> Uh thank you, Chair. I appreciate uh

2:19:54comments by um

2:19:57previous commissioners. Um I for the

2:19:59record would like to put forward my um

2:20:01my thoughts on criteria B. Um

2:20:05I think that at best it's partially met

2:20:08um

2:20:09and the standard is proposed alternative

2:20:10achieves the goals and policies of the

2:20:12comprehensive plan to the same or better

2:20:13degree than the subject standard.

2:20:15What drew my attention um is the

2:20:17paragraph just above lettering C where

2:20:19um staff suggests that the fence

2:20:21supports the small town feel of Girdwood

2:20:24and contributes positively to the

2:20:25neighborhood's overall character.

2:20:27Um

2:20:28I'm not a resident of Girdwood. Um that

2:20:30said, uh presumably one resident did

2:20:32provide comment in opposition to um the

2:20:35proposed fence height and location

2:20:38um given

2:20:39again, their presumed use of the trail

2:20:41that's nearby. Um when I think of

2:20:43Girdwood, I think of open spaces and

2:20:44trails, not 8-ft tall fences. Um

2:20:48while in total I I think I will support

2:20:50the motion, I did want to go on the

2:20:51record um with those comments. Thanks.

2:20:57>> Thank you. Anybody else wishing to speak

2:20:59to the motion?

2:21:04Hearing and seeing none, we'll call for

2:21:05the vote.

2:21:13>> Mr. Gardner, how do you vote?

2:21:16>> Yes.

2:21:17>> Thank you.

2:21:21>> That motion passes.

2:21:28Now, we will move on. Staff presentation

2:21:32on case 2026-0130.

2:21:37>> Thank you, Mr. Chair.

2:21:39This is a rezone request initiated by

2:21:41the property owner to amend the zoning

2:21:43map for two parcels of land totaling 4.3

2:21:48acres. The applicant seeks to rezone the

2:21:51property from RO, residential-office

2:21:53district, with special limitation, to

2:21:56B3, general business district.

2:22:00Those special limitations can be found

2:22:02in appendix three,

2:22:04pages 36 through 57 of your packet.

2:22:08The land use designation in the

2:22:112040 land use map for these parcels is

2:22:16Main Street Corridor, as updated by the

2:22:19municipality,

2:22:20with a

2:22:22increase ordinance 2026

2:22:25-078,

2:22:27as amended.

2:22:29B3 is an implementing zoning district,

2:22:32and the rezone is following the

2:22:34abbreviated rezone process.

2:22:37The department mailed 147 notices and

2:22:39received no comments in opposition from

2:22:42the public or review agencies.

2:22:45Additionally, both the University Area

2:22:48and New Med Tutor Area Community

2:22:50Councils submitted resolutions of

2:22:53support, found in appendix five, pages

2:22:5772 through 75.

2:23:00The department finds the reason request

2:23:03meets all three approval criteria for

2:23:05non-abbreviated reason, and therefore

2:23:08recommends the planning and zoning

2:23:10commission for an approval

2:23:12recommendation for the B3 rezoning for

2:23:15to the for the to the assembly. I'm

2:23:18available for any question, and the

2:23:20applicant representative

2:23:22is also present to give a presentation.

2:23:25Thank you.

2:23:29>> Am I reading this correctly that the

2:23:31special limitation zoning allows for any

2:23:35height of building that does not

2:23:37interfere with Federal Aviation

2:23:38Administration regulations?

2:23:42>> Well,

2:23:43they supposed like

2:23:46on

2:23:47on right now,

2:23:48okay, currently the the parcels are

2:23:51capped to 24 and 36, and with the

2:23:55rezoning development develop increased

2:23:58to a maximum of 75

2:24:00ft by right, but they do need

2:24:03to

2:24:05comply with the FAA

2:24:08regulations.

2:24:11>> And [clears throat] I'll I'll add one

2:24:12more point of information as I

2:24:14I know we're looking at two two AO's

2:24:16that both actually have have height

2:24:18limits. I I forgot which one you

2:24:21mentioned chair, but

2:24:22I discussed with Claudia before the

2:24:24meeting

2:24:25like how it reads the maximum height of

2:24:27any structure within 650 ft of the

2:24:30eastern boundary of the petition area

2:24:32shall not exceed two stories. So in

2:24:34addition to that

2:24:36Federal Aviation Administration

2:24:38regulation and the special limitation,

2:24:40it does actually limit your height to

2:24:42two stories within 650 ft

2:24:46um

2:24:47of whatever this petition area is in the

2:24:50the AO. So

2:24:51So summary of answer is no, it's it's

2:24:54not unrestricted. It's actually I think

2:24:57when I was talking with Claudia this

2:24:59afternoon just to prepare, I think it

2:25:01was two stories in one of the special

2:25:03limitations AO's and three stories in

2:25:05the other. And then a story in code is

2:25:08uh 12 ft. So, it's it's essentially like

2:25:1124 ft or 36 ft.

2:25:15>> Thank you.

2:25:21Um

2:25:23seeing no further questions for staff.

2:25:25Would the petitioner like to

2:25:28come forward?

2:25:45>> Thank you. My name is Carly Lamoth with

2:25:47Dowl and I'd like to retain any of

2:25:49leftover time for rebuttal.

2:25:51And we have Southcentral Foundation here

2:25:53with us today.

2:25:56Um so, this is for case 2026-0130.

2:26:00Um staff did a great job presenting the

2:26:02abbreviated rezone request from ROSL to

2:26:05B3.

2:26:12Daniel's excited to get out of here.

2:26:19This is a brief presentation. Daniel, if

2:26:20you just want to uh go to slide two, I

2:26:22think we can get through it without it

2:26:24being in the full screen. There we go.

2:26:26Um so, this is a request as we said from

2:26:28ROSL to B3 for two parcels that total um

2:26:33just under 4 and 1/2 acres. Um this is

2:26:35part of Southcentral Foundation's health

2:26:37campus at the northeast corner

2:26:39um off of Tudor Centre Drive. Both of

2:26:42these parcels are already developed and

2:26:43function as part of the Alaskan Native

2:26:45Health Campus of which is 80% zoned B3.

2:26:50This request is consistent with the 2040

2:26:52land use plan and removes those out

2:26:54outdated special limitations

2:26:56um like the chair pointed out where they

2:26:58have

2:26:59so, unrestricted heights and some uses

2:27:02that may not be in line with current

2:27:04code. The sites are currently developed

2:27:06with the Learning and Wellness Center

2:27:07constructed in 2016 and the Bird Ridge

2:27:09building and daycare constructed in

2:27:112026. Or I'm sorry, 2006.

2:27:14And to reiterate, this application does

2:27:16not propose a change in use or the

2:27:17buildings.

2:27:20So, the question to write why rezone? Um

2:27:22it results in campus consistency to

2:27:24rezone to B3

2:27:26um as stated before, the majority of the

2:27:29Native Health campus is already zoned B3

2:27:32and that provides flexibility for South

2:27:34Central Foundation to reorganize and

2:27:36repurpose existing buildings as health

2:27:38care needs evolve and they're in the

2:27:39midst of master planning for their

2:27:41services.

2:27:43This also results in zoning cleanup to

2:27:45remove the special limitations that are

2:27:47no longer supported by the municipality

2:27:49and not supported by Title 21 and the

2:27:52proposed rezone to B3 actually supports

2:27:54uses that were specifically called out

2:27:55in those um AO 200162

2:27:59and the 2008 128. Um so, including

2:28:05commercial uses

2:28:06um and they're more in line with the

2:28:08height restrictions and buffers from the

2:28:10nearby residential.

2:28:15Um the map we have here on the left is

2:28:17the current zoning district. The RO SLS

2:28:21shown in the darker pink and the

2:28:23proposed rezoning is B3 more consistent

2:28:25with the remainder of the Native Health

2:28:27campus.

2:28:31To overview, this is a abbreviated

2:28:32rezone that

2:28:34um is consistent with the comprehensive

2:28:36plan and implements the Main Street

2:28:38designation.

2:28:40Um B3 is identified as an implementing

2:28:42zoning district of the Main Street

2:28:44corridor designation, which supports

2:28:46commercial and mixed-use development,

2:28:48employment, public facilities, and

2:28:50health-related uses. These changes

2:28:52support South Central Foundation's

2:28:53ability to adapt facilities and services

2:28:56as evolving community health needs

2:28:57change.

2:28:59This does not result in an objective

2:29:00risk to health or safety. No new

2:29:02development is proposed in the

2:29:04um campus will continue to operate as

2:29:06is.

2:29:08And this proposed rezone does not

2:29:09conflict with other state, city, or

2:29:11federal codes or regulations, and

2:29:13actually is in line with with the

2:29:15municipality's direction on special

2:29:16limitations.

2:29:19And with that, um, I'm happy to answer

2:29:21any questions, and I I thank staff for

2:29:22their great presentation. Um, and we

2:29:25have South Central Foundation if you

2:29:26have any questions. Thank you.

2:29:28>> Thank you. You have 6 minutes and 19

2:29:31seconds. Any questions for the

2:29:32petitioner?

2:29:34See none.

2:29:36Uh,

2:29:37with that, we will open the public

2:29:40hearing. Anybody wishing to testify,

2:29:42please step forward.

2:29:46Going once, going twice.

2:29:52Were you going to step forward?

2:29:53>> Oh, no.

2:29:54>> Okay.

2:29:55Um,

2:29:55with that,

2:29:57I'll invite you back up for your 6

2:29:59minutes and 19 seconds.

2:30:02>> Just thanking you guys for your time

2:30:04tonight. Thank you.

2:30:06>> Thank you. And we will close the public

2:30:09hearing. What is the will of the body?

2:30:20Commissioner McKee, would you like to

2:30:21state your motion?

2:30:23>> Sure. I move in case 2026-0130 to

2:30:25recommend to the Anchorage Assembly

2:30:26approval of the rezone of two parcels of

2:30:28land from ROSL

2:30:32residential office

2:30:33district with special limitations to B3

2:30:35general business district.

2:30:40>> That's seconded by Commissioner Pulice.

2:30:41Commissioner McKee, would you like to

2:30:43speak to your motion?

2:30:44>> Sure. Um, the rezone is consistent with

2:30:47the comprehensive plan, so criteria A is

2:30:49met.

2:30:50The proposed rezone to B3 district will

2:30:53not result in an objective risk to

2:30:54health or safety, and other nearby

2:30:57Alaskan Native Health Campus properties

2:30:59have B3 zone zoning, so criteria B is

2:31:03met.

2:31:04Um, criteria C is met. The rezoning

2:31:06[snorts] does not conflict with other

2:31:07municipal, state or federal codes.

2:31:10Um

2:31:12and it's in alignment with department's

2:31:14recommendation that it meets all three

2:31:16approval criteria.

2:31:18>> Thank you. Anybody else wishing to speak

2:31:19to the motion?

2:31:21Commissioner Bullis.

2:31:22>> Yeah, I intend to support the should

2:31:23intend to support the motion. It's been

2:31:25a long night. Um and I'll add that we

2:31:27heard no agency or public opposition

2:31:29tonight and received community council

2:31:30letters of support.

2:31:36>> Uh seeing nobody else in the queue, I'll

2:31:38call for the vote.

2:31:42>> Mr. Gardner, how do you vote?

2:31:46>> Yes.

2:31:47>> Thank you.

2:31:54>> That motion passes.

2:31:57We'll move on to

2:31:59Title 21 discussion. We have a

2:32:03memo from the Planning Department.

2:32:06Take it away.

2:32:07>> Thank you, Mr. Chair. Daniel McInnis

2:32:09Foster, long-range planning. Um

2:32:11we have a memo. I'll just have like five

2:32:13slides and then we'll be done.

2:32:15Um just looking at a number of the

2:32:17changes to Title 21 and some not exactly

2:32:20Title 21 like the tax incentive, but

2:32:22there've been a lot of changes and this

2:32:23commission um oversaw a lot of those.

2:32:26So, this is sort of um

2:32:28looking at the other side and seeing how

2:32:30they've uh what the results have been

2:32:31like. I think in general, even we've

2:32:33made a ton of big changes and the change

2:32:36is pretty slow. It's sort of incremental

2:32:38change, which is good, you know, and

2:32:40it looks like a lot of big changes, but

2:32:41it ends up not being the end of the

2:32:43world. Um this is just a a chart. I

2:32:46think this is correct as of last week or

2:32:48so of all the AO's, the ordinances

2:32:50changing Title 21 um since going back to

2:32:532012. And so, this year we have already

2:32:56done 20. In 2025, there were 23 and I

2:32:58bet this year I think they'll get to 24

2:33:00or 25. So, you all have been doing a lot

2:33:03of work. Thank you for your

2:33:05questions, your service, your you know,

2:33:07your interesting discussions. I think

2:33:09it's very helpful. I I pretty probably

2:33:11all of these came through here, I think.

2:33:13Well, this every sometimes the assembly

2:33:14brings their own, but um

2:33:16a lot of this um has come through this

2:33:19this board, so thank you for that.

2:33:21Um ADUs, accessory dwelling units, are

2:33:23always a item of interest um and we were

2:33:25tracking those. The last big ADU reform

2:33:27was in 2022.

2:33:29And in that year, we had about 20 ADU

2:33:31permits, and then the next year 22, more

2:33:33in 24. In 2025, we saw 41 ADU permits.

2:33:37Um and this year, I think a week or two

2:33:39ago, we're at 24. So, it's interesting

2:33:42if you look back to the 2040 plan, they

2:33:43said we want I think 1,000 ADUs by 2040

2:33:47between when 2040 was adopted in 2017

2:33:50um and up to 2040. So, that works out to

2:33:52be somewhere around 40 or so. So, per

2:33:54the plan, we were supposed to be getting

2:33:5540 40-some ADUs a year, and last year we

2:33:58finally

2:34:00began to reach that um

2:34:01target. So, that's kind of interesting,

2:34:03and you know, a lot some of this also

2:34:04was tracking previously. We're tracking

2:34:06by affidavits, and we got their own um

2:34:08ADU permit building permit check box.

2:34:11Um

2:34:12looking back on it, it's interesting

2:34:14Anchorage went through about six rounds

2:34:16of ADU code changes. It was It was an

2:34:18idea in the 2001 plan. It was brought

2:34:20forward in and and there was an an error

2:34:22in your packet. I said it was AO 2023-47

2:34:26and then 2024-97, but it's 2003. And I

2:34:29think it's an typo here, too. It's both

2:34:31Both AOs 2003-47 and 2003-97. First one

2:34:34came forward, it was too complicated.

2:34:36They They tabled it. They brought

2:34:37another one forward. It was contentious,

2:34:39then they brought it back with a new

2:34:40code, then new Title 21 made additional

2:34:43changes, then there was another change

2:34:44in 2018, then 2022. So, I think that's

2:34:47an interesting tale of it took Anchorage

2:34:49about 20 years to do ADU reforms, and we

2:34:52finally got to

2:34:55a sort of modest growth in ADUs after

2:34:57that.

2:34:58Um

2:34:59Okay, so building permit. Um and and

2:35:01we've recently started providing

2:35:02pre-approved ADU building permits. Uh

2:35:04sorry, excuse me, pre-approved building

2:35:06plans for ADUs. Um but the use appears

2:35:09limited so far.

2:35:11Um re-zones, we've seen a lot of

2:35:13re-zones, many of the abbreviated

2:35:14re-zones like you just saw tonight. So,

2:35:16in 2026, we saw 17. That's more this

2:35:19year than in the last 15, 16 years. So,

2:35:22that is pretty significant. Many of them

2:35:23are abbreviated. But, we still have

2:35:25re-zones where um applicants are

2:35:27changing the comprehensive plan as well.

2:35:28But, we have many people trying to

2:35:30implement the comprehensive plan, which

2:35:31is great. Um and then uh you all know

2:35:33we're also updating the comprehensive

2:35:34plan, which helps. One thing that often

2:35:36comes up in re-zones, and I apologize

2:35:39it's so small, is mailed notification.

2:35:40So, in the new um re-zone process, in

2:35:44the abbreviated re-zone process, you

2:35:45still have to notify the people in the

2:35:46immediate area. But, the new process

2:35:48also allowed a bigger area-wide or

2:35:50muni-led re-zone process. Um

2:35:53and there's been some discussion about

2:35:54that and whether

2:35:56um you know that the mailed notice

2:35:57should come back or not. This, if you

2:35:58can see it, is we went back to looking

2:36:00at a bunch of re-zones and other cases

2:36:02as well. There's some conditional use

2:36:03and some other items. Um and just

2:36:05looking at how many mailed notices we

2:36:07sent and how many mailed notices we got

2:36:08back. In most cases, it's less than 1%

2:36:11response. Now, qualify that, you you

2:36:13know, we might send a notice out and

2:36:15people come here. So, that's a success,

2:36:17right? But, even if you send out 400

2:36:19notices and you get 10 people coming in,

2:36:21that's actually still a pretty small

2:36:22number. So, just thinking about the

2:36:24number of people who know versus the

2:36:25number of people who care enough to

2:36:27provide a comment one way or another.

2:36:29And you know, when we hear comments

2:36:30back, it's not always negative or

2:36:31positive. It's there's a mix above. Um

2:36:34but in general, we are looking at

2:36:35there's maybe there better ways for us

2:36:37to get this information out there. Um we

2:36:40do talk about, you know, our our

2:36:41newsletter, but that's

2:36:43more maybe of a niche interest. We get a

2:36:45lot of interest in that, but it's people

2:36:46already interested. So, we're always

2:36:48looking at ways we could do this maybe

2:36:50with a new permit software. There's a

2:36:51way for people in certain community

2:36:53councils could get noted notified

2:36:54automatically or something. We're we're

2:36:55still kind of working that out. Um so,

2:36:57again, the new re-zone procedures have

2:36:59resulted in increase in re-zones, mostly

2:37:00abbreviated.

2:37:01To the most successful muni-led, which

2:37:03did not use mail notice, um were the

2:37:06McDowell Sanctuary re-zone and the

2:37:07Boulevard Parks re-zone. Um

2:37:10Boulevard Parks re-zone re-zoned about

2:37:129,000 acres of public property from

2:37:14range zones to PR zoning. So, that was

2:37:16on our task list for almost 10 years.

2:37:18Um and that was the

2:37:20situation where

2:37:21it it would have been really difficult

2:37:23to send mail notice to all the affected

2:37:24properties. It would have you know, we

2:37:26we just didn't wouldn't have had the

2:37:27budget to do that. So, the thinking

2:37:29behind that when the the original rezone

2:37:31change came out was that if the muni is

2:37:33doing a large scale rezone like that,

2:37:36they will take extra steps to notify

2:37:38people or publicize it. So, we talked to

2:37:40Parks and Rec. We had an open house.

2:37:42Um you know, we talked to any

2:37:44the notice went out to community

2:37:45councils. Um but again generally and

2:37:47that was also supported by the plan. So,

2:37:49that's another thing. A muni led rezone

2:37:51really does need to be supported by the

2:37:52plan. Um so, again mail notice yields a

2:37:55small percentage.

2:37:57We've got this our newsletter we've had

2:37:59going out and it's great. We get about

2:38:0250% of people opening it and maybe a 1/5

2:38:05of people clicking on it. Um but you

2:38:07know, we're slowly getting more people

2:38:09um

2:38:10subscribing. I think we're up to 420

2:38:12something subscriber which is great. Um

2:38:14but at least we know when we send

2:38:16something out that yes, 200 people

2:38:18opened that and read it and actually

2:38:19clicked on the link. So, um it's the

2:38:22balance of trying to figure out how do

2:38:23we get information out there the medium

2:38:25people want um and actually make sure it

2:38:27gets used. So, with that I'd love I'd be

2:38:29glad to take any questions or um

2:38:32anything else. Thank you.

2:38:35>> Any questions?

2:38:38Commissioner Ebers.

2:38:40>> I'll just say I'm one of the people that

2:38:41gets the newsletter and I really

2:38:42appreciate it. So, thank you for your

2:38:43hard work.

2:38:45>> Thank you.

2:38:49>> Commissioner Poulos.

2:38:51>> It's more of a comment than a question.

2:38:52I will say that you know, I do a lot of

2:38:54PI stuff for road projects and stuff

2:38:55like that. The number one comment I

2:38:57always hear is we just heard about this

2:39:00or you know, and I understand mailing

2:39:02thousands of mailers is kind of a

2:39:04ridiculous use of money and stuff, but I

2:39:06mean, I'm also tired of hearing that. I

2:39:07hear it everywhere I go. It's crazy.

2:39:11>> If I could Yeah, we we've been looking

2:39:13actually the CSS the contact sensitive

2:39:14solutions process. And on that it seemed

2:39:17like if you posting in that case might

2:39:19be really helpful because most people

2:39:20are traveling that way and then they

2:39:22could get to it. But I think you're also

2:39:24going to get inevitably people who are

2:39:26at a meeting who have heard about it

2:39:27some way saying they haven't heard about

2:39:28it. It's just part of the way it goes.

2:39:30Thank you.

2:39:32>> Uh Commissioner Ebar.

2:39:34>> I'll just add to that that I think it's

2:39:36probably particularly hard for people to

2:39:38look at mailers during an election

2:39:39season when they their mailboxes are

2:39:41stuffed full of stuff that they just

2:39:43throw away. So.

2:39:44Yeah.

2:39:45>> Commissioner Ron.

2:39:47>> Uh thank you. Uh

2:39:49fantastic summary. A great deal of work

2:39:51done by the planning department both

2:39:52long range and current. So thank you for

2:39:54the work that you continue to do.

2:39:56Um it's great to have this to show

2:39:58people about you know what do what do

2:39:59you do on PCC? Well, we get to work with

2:40:01planning department. Here are some cases

2:40:03and here are some of the results of it.

2:40:04So that's fantastic. Um question around

2:40:06um uh initiatives like IMHOP uh which is

2:40:10something that has its roots in TIZDO

2:40:12which is a case that PCC heard but now

2:40:14is its own AO um that is being heard by

2:40:17the assembly. I'm curious if you have

2:40:19any feedback to the commission as to

2:40:21what our role could potentially be given

2:40:23our remit on a case like that. Um

2:40:26if any.

2:40:29>> So

2:40:30um to the chair

2:40:32we when people ask what do you think if

2:40:35if something has changed significantly,

2:40:36we do like to recommend like hey, this

2:40:39looks like a pretty big you know,

2:40:40there's been an for example, there's

2:40:41been an S version on IMHOP already.

2:40:43IMHOP as you mentioned was similar to

2:40:44TIZDO. Um and our recommendation was if

2:40:47this looks pretty different conceptually

2:40:49from what went before, you know, that

2:40:50IMHOP's not the same as TIZDO. But we

2:40:52did recommend maybe this should go back

2:40:54to planning and zoning. That of course

2:40:56is the assembly's purview. It's their

2:40:57choice. Um

2:40:59but I think on any

2:41:01any big item like that, it

2:41:06we we for us it it seems to

2:41:08it's it's very useful to have those

2:41:10discussions here and I think we do tend

2:41:11to recommend that. I don't know if you'd

2:41:12like to add anything, Director.

2:41:14>> Through the chair to Commissioner Ron, I

2:41:16think that um one thing that would help

2:41:18the planning department um in

2:41:22regard to your question would be for

2:41:25the commission to maybe during this

2:41:28period of time that we have on our

2:41:29agenda, bring up questions about

2:41:33particular things that may have been

2:41:35passed and and maybe you charge us with

2:41:39collecting data or coming back to you

2:41:41with answers about how

2:41:44the change has impacted different

2:41:46neighborhoods and and things like that.

2:41:48So having some questions from you that

2:41:51we might be able to answer especially in

2:41:53a public forum like this where the

2:41:55public can also hear the answers to

2:41:56those questions

2:41:58maybe would be helpful.

2:42:01Hopefully that answers your question.

2:42:05>> It does. I know it's been a long night

2:42:07but since the time is ripe I do have one

2:42:09or two of those questions about this

2:42:10particular AO and the S version that was

2:42:12put forward. For a bit of context, I'm

2:42:15not sure if any of the commissioners are

2:42:16following along at home about what's

2:42:18happened to MHOP but there is an

2:42:20assembly meeting during the break. My

2:42:22understanding is that an S version of

2:42:24the AO was laid on the table. An S

2:42:27version that had a lot of detail that in

2:42:30my estimation and understanding of the

2:42:32AO was not previously part of that AO

2:42:36during public hearing.

2:42:38It was apparent that some people had

2:42:39seen it others had not.

2:42:41So questions around public process but

2:42:43I'm curious if the planning department

2:42:44had any role in that S version

2:42:47particularly around elements that um

2:42:51Again in my estimation maybe making

2:42:53things more complicated than that than

2:42:55less complicated in terms of Title 21

2:42:57and its and its role. Thanks.

2:43:00>> Through the chair to Commissioner Ron to

2:43:02answer your the question in amongst that

2:43:05statement. We did not have a role in

2:43:09developing that S version.

2:43:15>> If I could also add for anybody who's

2:43:17curious the Assembly Legislative

2:43:19Services has put the version on their

2:43:22page. So we're referring to AO 2026-85.

2:43:27Um and there's a proposed S version.

2:43:28There's maybe 12 or so amendments. Um

2:43:31maybe 13 amendments. So, if you just

2:43:33search Assembly Focus on Housing, you'll

2:43:35find that here if you'd like to review

2:43:37it. And it it is here as um it has been

2:43:40discussed so far.

2:43:42Thank you.

2:43:43>> I I guess

2:43:45since we're on this subject,

2:43:47has the department had time to review

2:43:49the S version and formulated any

2:43:52opinions?

2:43:57>> Chair Spinelli, we have um had a chance

2:44:00to take a initial look at the S version.

2:44:04Um

2:44:04we've had to form our opinions very

2:44:06quickly um based on what the information

2:44:09that we have. And we are providing those

2:44:12opinions to the administration

2:44:14um to help them digest and um

2:44:19um to inform them on some of the

2:44:22implications of the S version. And um

2:44:25that information will be used um by the

2:44:28administration during um the discussion

2:44:30about MHOP in the coming days.

2:44:38>> Will that be confidential between the

2:44:41department and the administration or

2:44:42will it will you that be something that

2:44:44could be shared with the commission?

2:44:45Just out of curiosity. You don't have to

2:44:48answer if you don't want to.

2:44:51>> Uh the short answer is I'm not quite

2:44:52sure yet. Um we may develop a memo that

2:44:55could go out publicly, but at the moment

2:44:57we are just in internal discussions

2:44:59about what our next steps might be.

2:45:03>> I only ask cuz it would be helpful to

2:45:06have a digested summary.

2:45:10>> If I can add to that, not only helpful

2:45:12to me as a commissioner, but I would

2:45:14project to the community as well. I've

2:45:16found the department's memos on the AO

2:45:19itself as being extremely informative

2:45:21from a land use planning perspective um

2:45:24given your expertise and the work that

2:45:26you do, it seems like a no-brainer to

2:45:29have um you all weigh in on that.

2:45:31Thanks.

2:45:32>> Through the chair, that is much

2:45:33appreciated. Thank you, Commissioner

2:45:34Ron. Um

2:45:36I would like to remind the commission

2:45:38that we are expecting a work session to

2:45:41occur on the S version and on the

2:45:44amendments.

2:45:46Um I can't remember the date that that

2:45:48is happening, but it will happen before

2:45:50the the

2:45:52vote on November 4th.

2:45:54And I do believe that some of the

2:45:56information that we are gathering in

2:45:59the recommendations that we are making

2:46:01will be in discussion

2:46:03at that work session.

2:46:08>> Thank you.

2:46:12Any further

2:46:14commissioner comments? Commissioner

2:46:16Christian.

2:46:18>> Uh for anyone who is interested in the

2:46:20CIP discussion, there is a municipal

2:46:23fiscal future summit happening on

2:46:24October 30th at UAA.

2:46:29>> Thank you. I always miss the fiscal

2:46:33summit.

2:46:34>> [snorts]

2:46:35>> Um with that

2:46:38we'll entertain a motion to adjourn.

2:46:45Moved by Commissioner Mills, seconded by

2:46:47Commissioner Eber. Any objections?

2:46:49Hearing none, we are adjourned.

2:46:52>> Thank you, Jared.

2:47:00>> What do I really care about? [music]

2:47:08>> [music]

2:47:08>> What do I really care

2:47:12about?

2:47:13My freedom [singing] and