october 7, 2019 i. · 10/7/2019 · the following persons spoke in favor of resolution 19-19: mr....

MATANUSKA-SUSITNA BOROUGH PLANNING COMMISSION AGENDA

Vern Halter, Mayor

PLANNING COMMISSION Mary Anderson, District I VACANT, District 2 Patricia Chesbro, District 3 Colleen Vague, C hair, District 4 C hris Elder, District 5 Stafford G lashan, District 6 Sassan Mossanen, District 7

October 7, 2019 REGULAR MEETING

6:00 p.m.

John Mooscy, Borough Manager

PLANNING & LA D USE DEPARTMENT

Eileen Probasco, Director of Planning & Land Use

Mark Whisenhunt, Acting Planning Services Manager

Alex Strawn, Development Services Manager

Fred Wagner, Platting Officer Mary Brodigan, Planning Clerk

Assembly Chambers of the Dorothy Swanda Jones Building

350 £. Dahlia Avenue, Palmer

I. CALL TO ORDER, ROLL CALL, AND DETERMINATION OF QUORUM

II. APPROVAL OF AGENDA

III. PLEDGE OF ALLEGIANCE

IV. CONSENT AGENDA Items on the consent agenda are considered to be routine and non-controversial by the Commission and will be approved by one motion. There will be no separate discussion of these items unless a Commission Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda.

A. MINUTES l. September 16, 2019, regular meeting minutes

B. INTRODUCTION FOR PUBLIC HEARING: QUASI-JUDICIAL MATTERS

C. INTRODUCTION FOR PUBLIC HEARING: LEGISLATIVE MATTERS

V. COMMITTEE REPORTS

VI. AGENCY/STAFF REPORTS

Planning Commission Agenda October 7, 20 19 Page I of 3

PLANNING COMMISSION OCTOBER 7, 2019 PAGE 1

VII. LAND USE CLASSIFICATIONS A. Resolution PC 19-23, recommending Assembly action for the classification of a

five acre home site within a portion of the NWl/4 SWl/4, Section 13, Tl 9N, R5W, Seward Meridian, as "residential" lands to facilitate the fee simple estate purchase of the home site as provided to owners of agricultural land sales authorized under former Title 13 and Assembly Ordinance Serial No. 86-78. (Staff: Tracy McDaniel)

VIII. AUDIENCE PARTICIPATION (three minutes per person, for items not scheduled for public hearing)

IX. PUBLIC HEARING: QUASI-JUDICIAL MATTERS (Public Hearings shall not begin before 6: 15 p.m.)

Commission members may not receive or engage in ex-parte contact with the applicant, other parties interested in the application, or members of the public concerning the application or issues presented in the application.

The Planning Commission members may submit questions to the Planning Commission Clerk concerning the following matters or request for more information from the applicant at the time of the introduction. All questions and requests submitted by the Commission shall be in writing and copies will be provided to the applicant and made available to all interested parties and the public upon request. Answers to questions and additional material requests will be addressed in the staff report for the public hearing.

A. Resolution PC 19-20, a conditional use permit in accordance with MSB 17.60 -Conditional Uses; for the operation of a marijuana cultivation facility, located at 30353 N. Willow Fishhook Road (Tax ID# 4944000T00B); within Township 19 North, Range 1 West, Section 2, Seward Meridian. (Applicant: Lance Wells on behalf of Mikey's Place, LLC, Staff: Joe Metzger)

X. PUBLIC HEARING: LEGISLATIVE MATTERS

A. Resolution PC 19-22, recommending approval of an ordinance modifying a special condition of the Mass Excavation Interim Materials District, to accommodate the Glenn Highway Expansion Project. (Staff: Alex Strawn and Joe Metzger)

XI. CORRESPONDENCE & INFORMATION

XII. UNFINISHED BUSINESS

XIII. NEW BUSINESS

XIV. COMMISSION BUSINESS A. Approval of the 2020 Planning Commission Meeting Schedule (Staff: Mary

Brodigan) B. Upcoming Planning Commission Agenda Items (Staff: Alex Strawn)

XV. DIRECTOR AND COMMISSIONER COMMENTS

Planning Commission Agenda October 7, 2019 of3


XVI. ADJOURNMENT (Mandatory Midnight)

In order to be eligible to file an appeal from a decision of the Planning Commission, a person must be designated an interested party. See MSB 15.39.010 for definition of "Interested Party. " The procedures governing appeals to the Board of Adjustment & Appeals are contained in MSB 15.39.010-250, which is available on the Borough Internet home page, http://www.matsugov.us, in the Borough Clerk's office, or at various libraries within the Borough.

Disabled persons needing reasonable accommodation in order to participate at a Planning Commission Meeting should contact the borough ADA Coordinator at 861-8432 at least one week in advance of the meeting.

Planning Commission Agenda October 7, 2019 of3


This Page Intentionally Left Blank


MINUTES September 16, 2019

( - 12)

MINUTES


The regular meeting of the Matanuska-Susitna Borough Planning Commission was held on September 16, 2019, at the Matanuska-Susitna Borough Assembly Chambers, 350 E. Dahlia Avenue, Palmer, Alaska. The meeting was called to order at 6:00 p.m. by Chair Colleen Vague. I. CALL TO ORDER, ROLL CALL, AND DETERMINATION OF QUORUM Planning Commission members present and establishing a quorum:

Ms. Patricia Chesbro, Assembly District #3 Ms. Colleen Vague, Assembly District #4, Chair Mr. Chris Elder, Assembly District #5 Mr. Stafford Glashan, Assembly District #6 Mr. Sassan Mossanen, Assembly District #7

Planning Commission members absent and excused were:

Ms. Mary Anderson, Assembly District #1, Vice Chair VACANT, Assembly District #2

Staff in attendance:

Mr. Alex Strawn, Development Services Manager Ms. Shannon Bodolay, Assistant Borough Attorney Mr. Joseph Metzger, Planner II Ms. Mary Brodigan, Planning Commission Clerk

II. APPROVAL OF AGENDA Chair Vague inquired if there were any changes to the agenda. GENERAL CONSENT: The agenda was approved without objection. III. PLEDGE OF ALLEGIANCE The pledge of allegiance was led by Mr. Joseph Metzger, a member of Planning Staff. IV. CONSENT AGENDA A. Minutes 1. August 5, 2019, regular meeting minutes B. INTRODUCTION FOR PUBLIC HEARING: QUASI-JUDICIAL MATTERS 1. Resolution PC 19-20, a conditional use permit in accordance with MSB 17.60 –

Conditional Uses; for the operation of a marijuana cultivation facility, located at 30353 N. Fishhook Road (Tax ID# 4944000T00B); within Township 19 North, Range 1 West, Section 2, Seward Meridian. Public Hearing: October 7, 2019. (Applicant: Lance Wells on behalf of Mikey’s Place, LLC, Staff: Joe Metzger)


C. INTRODUCTION FOR PUBLIC HEARING: LEGISLATIVE MATTERS 1. Resolution PC 19-22, recommending approval of an ordinance modifying a special

condition of the Mass Excavation Interim Materials District, to accommodate the Glenn Highway Expansion Project. Public Hearing: October 7, 2019. (Staff: Alex Strawn and Joe Metzger)

Chair Vague read the consent agenda into the record. Chair Vague inquired if there were any changes to the consent agenda. MOTION: Commissioner Glashan moved to remove Resolution PC 19-20 from the Consent

Agenda to be considered in its normal sequence on the agenda. The motion was seconded.

VOTE: The motion was approved without objection. GENERAL CONSENT: The consent agenda was approved as amended without objection. V. COMMITTEE REPORTS (There were no committee reports.) VI. AGENCY/STAFF REPORTS (There were no agency/staff reports.) VII. LAND USE CLASSIFICATIONS (There were no land use classifications.) VIII. AUDIENCE PARTICIPATION (Three minutes per person.) The following person spoke regarding concerns with public process with emergency fire meetings and a LNG (Liquid Natural Gas) meeting: Mr. Eugene Carl Haberman. (The meeting recessed at 6:09 p.m., and reconvened at 6:15 p.m.) IX. PUBLIC HEARING: QUASI-JUDICIAL MATTERS (Public Hearings not to begin

before 6:15 P.M.) Commission members may not receive or engage in ex-parte contact with the applicant, other parties interested in the application, or members of the public concerning the application or issues presented in the application. A. Resolution PC 19-20, a conditional use permit in accordance with MSB 17.60 –

Conditional Uses; for the operation of a marijuana cultivation facility, located at 30353 N. Fishhook Road (Tax ID# 4944000T00B); within Township 19 North, Range 1 West,


Section 2, Seward Meridian. Public Hearing: October 7, 2019. (Applicant: Lance Wells on behalf of Mikey’s Place, LLC, Staff: Joe Metzger)

Commissioner Glashan: • noted that there was an error in the title of the resolution; and • stated that the address should be 30353 N. Willow Fishhook Road. MOTION: Commissioner Glashan moved to schedule Resolution PC 19-20 for a public

hearing on October 7, 2019, with the correct address. The motion was seconded. VOTE: The motion was approved without objection. [Clerk’s note: The address was correct on all of the other public notifications and has been corrected on the next meeting agenda.] B. Resolution PC 19-19, a conditional use permit in accordance with MSB 17.30, Conditional

Use Permit for Earth Material Extraction, located at 21252 W. Susitna Parkway (Tax ID# 16N04W03A005); within Township 16 North, Range 4 West, Section 3, Seward Meridian. A CUP would allow for the removal of approximately 200,000 cubic yards of earth materials through 2028. (Applicant: Isaac Pearson on behalf of Purinton Products, LLC, Staff: Joe Metzger)

Chair Vague read the resolution title into the record. Chair Vague: • read the memorandum regarding quasi-judicial actions into the record; • queried commissioners to determine if any of them have a financial interest in the proposed

Conditional Use Permit (CUP); • have had any ex parte contact with the applicant, members of the public, or interested

parties in the proposed CUP; and • if all commissioners are able to be impartial in a decision. Mr. Metzger provided a staff report: • staff recommended approval of the resolution with conditions. Commissioners questioned staff regarding: • clarification of the physical site locations of the photos; • whether material can be moved around on the property without a CUP as long as material

does not leave the premises; • clarification of the entrance to pit and whether it will involve a left hand turn; • whether exiting trucks will always be turning right; • clarification of the significant changes from the original application; • confirmation that the bond for the reclamation plan has been posted and approval has been

extended for the new operating period; and • whether there was gravel extraction on this site prior to 2017.


Chair Vague invited the Applicant, or their representative to provide an overview of their application. Mr. Isaac Pearson and Mr. Franklin Paulson, Applicants, provided an overview of their application. Commissioners questioned the applicant regarding: • conditions #5 and #6 and clarification of what was meant by “equivalent” to an earthen

berm; • clarification of where the water for processing will come from; and • the amount of material that has been removed under an administrative permit. Chair Vague opened the public hearing. The following persons spoke in favor of Resolution PC 19-19: Mr. Russ Whitfield, Mr. Mike Mackie, and Mr. Shawn Casey. The following persons spoke in opposition of Resolution PC 19-19: Mr. Jesse Renfrow, Mr. Fred Behnke, Ms. Shirley Margeson, and Mr. Greg Quinton. The following person spoke regarding concerns with public process: Mr. Eugene Carl Haberman. There being no one else to be heard, Chair Vague closed the public hearing and discussion moved to the Planning Commission. MOTION: Commissioner Elder moved to approve Resolution PC 19-19. The motion was

seconded. Commissioner Elder spoke in favor of the resolution. MOTION: Commissioner Glashan moved a primary amendment to strike “or equivalent” from

Conditions #5 and #6. The motion was seconded. VOTE: The primary amendment passed without objection. Commissioner Chesbro spoke in favor of the application, but stated her concern that it might not be compatible with the Big Lake Comprehensive Plan. Chair Vague clarified the reason for the cancellation of the August 19th PC meeting. VOTE: The main motion passed as amended without objection. X. PUBLIC HEARING LEGISLATIVE MATTERS (There were no legislative public hearings.)


XI. CORRESPONDENCE AND INFORMATION (There was no correspondence and information.) XII. UNFINISHED BUSINESS (There was no unfinished business.) XIII. NEW BUSINESS (There was no new business.) XIV. COMMISSION BUSINESS A. Adjudicatory (if needed) B. Upcoming Planning Commission Agenda Items Mr. Strawn provided a brief update on projects that will be coming before the Planning Commission. XV. DIRECTOR AND COMMISSIONER COMMENTS Commissioner Elder: • questioned if any commissioners knew of anyone in the District 2 area that would like to

be on the Planning Commission; and • stated that it would be nice to have this seat filled. Chair Vague thanked staff for doing an excellent job and making commissioners jobs easier whenever possible. XVI. ADJOURNMENT The regular meeting adjourned at 7:18 p.m. COLLEEN VAGUE, Planning Commission

Chair ATTEST: MARY BRODIGAN, Planning Commission Clerk

Minutes approved: ____


LAND USE CLASSIFICATION

Resolution PC 19-23

Classifying a Five-Acre Home Site As Residential

26238 W. Shirley Lake Drive Willow, AK

( - 72)

LAND USE CLASSIFICATIONS


t ltn 0 h LAND & RESOURCE MANAGEMENT DIVISION

MEMORANDUM

TO: Matanuska-Susitna Borough Planning Commission

THROUGH: Eileen Probasco, Planning Director W

THROUGH: Eric Phillips, Community Development Director ~

FROM : Tracy K. McDaniel, Asset Manager ftlA DATE: September 23, 2019 for the October 7, 2019 meeting

RE : Request to re-classify a portion of the NWl/4 SW 1/4, Section 13, Township 19 North, Range 5 West, Seward Meridian, Alaska, to "Residential" land.

The Land and Resource Management Division respectfully request review and recommendations

by the Planning Commission to re-classify the five acre home site from "agricultural" land to

"residential" land in order for the borough to convey the "development" rights (retained under

the 1982 agricultural land sale program) to the agricultural rights owner. Together the rights

comprise the fee simple estate to the home site, subject to reservations and exceptions in the

U.S. Patent and Alaska State Patent, and matters of record. The remainder of the farm unit will

continue to be classified as "agricultural" land.

Attached for the Planning Commission's review and recommendation is the Preliminary Decision

and Best Interest Finding. Full consideration will be given to the commission's recommendation

and will be incorporated in the Final Decision and Best Interest Finding presented to the

Matanuska-Susitna Borough Assembly.

Attachments:

Preliminary Decision and Best Interest Finding and Exhibits A through F

Agriculture Advisory Board Resolution No. 19-05

Tracy K. McDanie l, SR/WA, Asset Manager Community Development Department, Land and Resource Management

350 E. Dahlia Avenue, Palmer, Alaska 99645 907.861.7864 Direct


By: Tracy McDaniel Action:

MATANUSKA-SUSITNA BOROUGH PLANNING COMMISSION RESOLUTION NO. PC 19-23

A RESOLUTION OF THE MATANUSKA-SUSITNA BOROUGH PLANNING COMMISSION RECOMMENDING ASSEMBLY ACTION FOR THE CLASSIFICATION OF A FIVE ACRE HOME SITE WITHIN A PORTION OF THE NWl/4 SWl/4, SECTION 13, T19N, R5W, SEWARD MERIDIAN, AS "RESIDENTIAL" LANDS TO FACILITATE THE FEE SIMPLE ESTATE PURCHASE OF THE HOME SITE AS PROVIDED TO OWNERS OF AGRICULTURAL LAND SALES AUTHORIZED UNDER FORMER TITLE 13 AND ASSEMBLY ORDINANCE SERIAL NO. 86-78 (MSB007476).

WHEREAS, the Matanuska-Susitna Borough Planning Commission

has reviewed the information regarding the agricultural rights

owner's request to purcha~e a portion of the fee estate within a I I I 1

portion of the NWl/4 SWl/4; 's@dtion 13, Tl9N, R5W, Seward Meridian, I : ' ' I ' i : I ' ' I ! i ~ ! ' ! ' I : ' : • I ' ' ' ,

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identified as the~:fh0me site;:1

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WHEREAS, 1'H'ptirsuant/ ,. to the/ :,:Land and Resource Management ' ' ' ' :/~ ,! .! i;: ,I'

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Division Policy ard ,Procedure :Manual Part 20, MSB Title

I

23.05.100, and former MSB Title 13.25.060, the proposed five acre

home site requires classification proposed as "Residential" lands

prior to conveying the interest of the borough's development rights

to the farm unit owner; and

WHEREAS, the agricultural rights programs authorized under

former MSB Title 13 and Assembly Ordinance Serial No. 86-78 allows

a agricultural farm unit owner to request approval from the

assembly to subdivide the five acres for a fee estate purchase of

the home site; and

Planning Commission Resolution PC 19-23 Adopted:

Page 1 of 2


NOW, THEREFORE, BE IT RESOLVED, that the Matanuska-Susitna

Borough Planning Commission hereby recommends the Matanuska

Susitna Borough Assembly classify a five acre portion within the

Northwest 1/4 Southwest 1/4, Section 13, Township 19 North, Range

5 West, Seward Meridian, as "Residential" lands in order to

facilitate the purchase of the fee estate of the home site under

the 1982 Agricultural Land Sale program, Former MSB Title 13, and

Assembly Ordinance Serial No. 86-78.

ADOPTED by the Matanuska-Susitna Borough Planning Commission

this __ day of , 2019.

ATTEST

MARY BRODIGAN, Planning Clerk

(SEAL)

YES:

NO:

·· .. ·COLLEEN VAGUE, Chair ; !i~:J: >: ,: ',, I

11, :'I! !l:,i I

'I

Planning Commission Resolution PC 19-23 Adopted:

Page 2 of 2


I.

PRELIMINARY BEST INTEREST FINDING For the

Classification and Disposition of Borough-owned Land (MSB007476)

Summary of Proposed Action

The Matanuska-Susitna Borough (MSB), Land & Resource Management Division (L&RMD), received an application from MSB agricultural rights farm owner Tory Oleck requesting assembly approval to subdivide a 5-acre home site from a 40-acre farm unit in order to purchase the "development rights" from the MSB (original sale File No. MSB001235). Assembly approval is required prior to the subdivision and sale of the development rights for the 5-acres.

The proposed classification is "Residential" land for the 5-acre home site in order to release the agricultural program covenants and restrictions under former MSB Title 13. The remainder of the farm unit (35+/- acres) will remain under the original agricultural classification and the conditions and restrictions imposed (Exhibit A).

II.

A.

B.

C.

D.

Property Site Factors

Location: The subject parcel is located at 26238 W. Shirley Lake Drive in Willow, Alaska.

Legal Descriptions: The NWl/4 SWl /4 of Section 13, Township 19 North, Range 5 West, Seward Meridian, in the Palmer Recording District, Third Judicial District, State of Alaska, approximately 40 acres.

Land Status: Acquired by Patent 5014, Book 210, Page 748, April 15, 1980, Seward Meridian, in the Palmer Recording District, State of Alaska.

Restrictions: 1. Land Classification - Agricultural Rights land under former Title 13.

2. Land Use Plans - The property is located within the Willow Area Community Comprehensive Plan adopted by Matanuska-Susitna Borough, Ordinance Serial No. 13-109 on August 20, 2013, and identifies this property as private land.

3. Title Restrictions - The property was conveyed by a Quitclaim Deed, Agricultural Rights, at Book 906, Page 578, Palmer Recording District, on August 7, 1997, with Conditions, Covenants, and Restrictions for agricultural restricted property. The Borough retained the development rights, which are "the rights to subdivide or use the surface of the land for residential, commercial, or industrial uses which are not part of the farming enterprise conducted on the land."

4. Covenants - Covenants, Conditions and Restrictions recorded October 13, 1982, in Book 278, Page 591, and as subsequently corrected January 28, 1983, in Book 291,

MSB007476 (S ubd) - Best Interest Finding MSB001235 (Sale)

Page 1 o f 5

19N05Wl3


, and amended October 17, 1991, in Book 665, Page 433 , Palmer Recording District, all of which shall run with the land forever (Exhibit B).

5. Zoning - There is no local zoning in the Willow area community.

6. Easements & Other Reservations (Exhibit C): • A one hundred foot (100') wide right of way located on the north boundary of the

property for W. Shirley Lake Road, ADL No. 58991, adopted by Resolution Serial No. 72-88, Matanuska-Susitna Borough Assembly on December 19, 1972 as reserved in Alaska State Patent 5014.

• A fifty-foot (50') wide right of way located on the east boundary of the property. • A fifty-foot (50') wide section line easement dedicated under AS 19.10.010 on

the west boundary of the property used for the Windsock Trail.

The three easement consists of approximately 6 acres of right of way. Two of the three easements are developed for W Shirley Lake Road and the Windsock Trail.

E. Current Land Use: There is no known current agricultural use of the parcel. The previous owner past in away in 2008 and the property was conveyed to the personal representative of the estate. The applicant purchased the property in February of 2019; submission of a Farm Conservation Plan for the agricultural uses was approved by the MSB on 8/6/2019 (Exhibit D).

F. Surrounding Land Use: Other properties in this area are mixed land uses of undeveloped, residential/recreational, and agricultural purposes. The property to the west houses the Crystal Lake Public Safety building on borough owned land. The properties to the north and east are residential/recreational. The property to the south is MSB agricultural land (former Title 13) in private ownership.

G. Existing Infrastructure: Power and phone are available on W. Shirley Lake Drive. W. Shirley Lake Drive is a borough maintained paved road constructed to "Collector" standards.

H. Soils & Terrain: Approximately 26.72 contiguous acres and 2.66 acres (separated by wetlands) is Kashwitna silt loan and considered "Farmland oflocal importance" with class 3e soils and approximately 10 acres is "Not prime farmland."

I. Resources: There is no specific data on resources for this parcel. The majority of the land is forested with Birch trees and Spruce trees.

J. Assessment: The 2019 assessed value of the subject parcel is $8,800 for the agricultural rights interest (land only).

III. Public, Board and Commission Comments & Recommendations Pursuant to Title 23 and the Land & Resource Management Policy and Procedures Manual, landowners within 600 feet of the proposed property were notified of the proposed land

MSB007476 (Subd) - Bes t I nt e re s t Fi nding MSB001235 (Sa l e) 1 9N05W13

Page 2 o f 5


classification and sale. Additionally, department review was completed; notices were published in the Frontiersman and the Borough website. A notice was sent to the Willow Post Office for posting. The Willow Area Community Organization, Upper Susitna Soils and Water Conservation District, Assembly member Boeve, Willow Chamber of Commerce, MSB Agriculture Advisory Board, Road Service Area Board 20, Fire Service Area Board 35, the borough manager, assistant borough manger, and the Alaska Department of Fish and Game were notified.

There were no objections received from the MSB department review process.

There were eight comments received from the 30-day public notice comment period and attached as Exhibit E.

A comment was received from Ms. Glenda Smith regarding a previous subdivision request by an agricultural owner. Ms. Smith stated, "[A]n Assembly requirement was added that those homes sites would not be allowed to be sold separate from the Ag Rights remainder because the borough requires no smaller than a 40-acre parcel for agriculture purposes."

Response: Ms. Smith referenced an 80-acre parcel (referred to as a "Farm Unit'') of land sold in the 1977 Agricultural Land Sale (MSB000539). In 2014, a settlement was reached through the Alaska Superior Court (Case No. 3PA-14-01777CI) between four owners to split the 80-acre parcel (Farm Unit} into two 40-acre parcels. No subdivision was required at the time since the 80-acre "Farm Unit" is two separate legal description for each 40-acre parcels of record. MSB Ordinance Serial No. 14-160 states that a provision shall be made to restrict the transfer of the individual 40-acre parcels, with each parcel containing 2.5 acres for a home site, without concurrently transferring the parent parcel to the same owner.

A comment was received from Ms. Beverly Cutler. Ms. Cutler reviewed the file during the public notice comment period. Ms. Cutler references the definition of agriculture and objects to the farm plan in the file at the time of her review.

Response: The owner's Farm Conservation Plan was not detailed at the time of Ms. Cutler's review. The information in the file indicated the owner would like to start a small scale sawmill operation on a portion of the property.

The owner moved to the valley in April 2019 after purchasing the property in February 2019. Staff continued to work with the owner for a final MSB Farm Conservation Plan. The owner 's narrative attached to the plan states he will not establish a sawmill or grow peonies until further research has been conducted to determine viability.

Pursuant to MSB Assembly Ordinance Serial No. 86-78, No. 5, Non-Agricultural and NonParcel Holder Businesses are allowed on the home site only and must be operated by the owner or lessee of record with the annual approval of the Agricultural and Forestry Advisory Board. This ordinance references the sale of agricultural rights for the 1977, 1981, 1982, and 1983 sale programs.

MS B007476 (Subd) - Best Inte r est Findi ng MS B001235 (Sale) 19N05W13

Page 3 o f 5


IV. Analysis & Discussion

The 40-acre parcel ("Farm Unit") was sold at the October 16, 1982, Agricultural Land Auction under former MSB Title 13 and classified "Agricultural" lands, MSB Assembly Ordinance Serial No. 82-38. The successful bidder, Mr. Jones, exercised his option to purchase the agricultural rights and the borough conveyed an agricultural quitclaim deed to Mr. Jones on August 7, 1997, at Book 906 and Page 578 in the Palmer Recording District.

The 40-acre parcel is managed under former MSB Title 13 code with recorded covenants, conditions, and restriction (Exhibit B) for agricultural purposes only. The borough retained (by not conveying) the development rights, which are "the rights to subdivide or use the surface of the land for residential, commercial, or industrial uses and not part of the farming enterprise conducted on the land." Furthermore, agricultural program policy changes for agricultural rights purchased in the 1977, 1981, 1982, and 1983 land sales were implemented pursuant to MSB Assembly Ordinance Serial No. 86-78 that address allows non-agricultural businesses on the home site, subdivision, and additional home sites and outbuildings.

An owner may subdivide and obtain the fee simple title to the 5-acre home site pursuant to former MSB 13.30.120 (0)(3), "The assembly may grant a release from the terms of the sale an amount of land sufficient for a farm residence and/or farm related facilities, provided that the land is situated so as to conform to all planning, platting, subdivision and other regulations of the Borough. Such land shall then be sold and granted to the purchaser in fee simple at current full and true value for cash paid at the time of sale." Former MSB Title 13 is attached as Exhibit F for reference.

Pursuant to L&RMD Policy and Procedure Manual - Part 20, MSB Title 23.05.100, and former MSB Title 13.25.060, the proposed 5-acre home site requires classification to "Residential" land prior to conveying the borough ' s development rights to the owner.

The applicant, Mr. Oleck, purchased the agricultural rights 40-acre parcel February of 2019 and submitted an application to the MSB to purchase the 5-acre homesite through the subdivision process in March of 2019. The Declaration of Covenants, Conditions, and Restriction and Amendment No. 1, Article 5, allows, "Only the parent parcel's original homesite is eligible for fee simple purchase; all other homesites shall remain in agricultural rights only status."

The purchase of the 5-acre home site requires the owner to pay the borough the current fair market value for the development rights of the home site acreage determined by an appraisal in accordance with borough code and adopted policy and procedures. The owner is also required to pay all other costs necessary to close the transaction.

The appraisal instructions for the development rights of the 5-acre home site. The purchase price for the development rights of the 5-acre home site will be determined by an appraisal performed by a qualified fee appraiser under instructions established by the borough. The date of the appraisal shall be based on the date the assembly approves the 5-acre home site subdivision and purchase request.

MSB007476 (S ubd) - Bes t I nt eres t Finding MSB001235 (Sa l e) 1 9N05W13

Page 4 of 5


To establish the purchase price of the development rights (5-acre home site), an appraiser shall estimate the fair market value of the fee simple estate (land only), minus the estimated fair market value of the agricultural rights (land only) as indicated by the appraisal.

The subdivision of the 5-acre home site as proposed by the applicant is encumbered with approximately .67 acres of a 100' right of way for W. Shirley Lake Road. Therefore, approximately 3.9 acres is usable for a home site development, without considering the additional 25' setback from the right of way boundary. The remainder property (farm unit) contains approximately 20 acres of contiguous, usable agricultural land outside of the acreage for a home site, the easements for right of way, and the Windsock Trail.

MSB Title 43.20.100 (E) (7) allows a onetime subdivision of the farm unit under former Title 13 and provides a plat note "restricting further subdivision of the parcels being created."

V. Agriculture Advisory Board and Recommendations

On September 18, 2019, the Matanuska-Susitna Borough Agriculture Advisory Board adopted Resolution Serial No. 19-05, recommending the Matanuska-Susitna Borough Assembly adopt by ordinance the classification, subdivision, and sale of the of the 5-acre home site.

IV. Preliminary Administrative Decision

Land Management is recommending the classification of the 5-acre homesite as "Residential" land and recommends selling the fee simple estate of the 5-acre home site to the owners, Tory and Cynthia Oleck, by application and subdivision. The fair market value of the fee simple title, minus the fair market value of the agricultural rights by an appraisal, will indicate the fair market value of the development rights retained by the borough under established appraisal instructions by the Land and Resource Management staff, with the following special condition for the 5-acre home site:

THIS CONVEYANCE IS SUBJECT TO the following restriction and condition as approved by Matanuska-Susitna Borough Assembly Ordinance Serial No. 19-XXX, adopted on [MONTH, DAY, YEAR] and imposed by the Grantor, which is binding on the Grantee, its successors and assigns, and any other parties or persons claiming any interest:

[Legal Description (5-acre Home Site)] shall not be further conveyed separately from the farm unit legally describe as [Legal Description (remainder parcel)].

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Exhibit B

n.~r-. cq"f.o ~- ' .: 54\ UV\. . ,~·- . aoc;a.2.(.

CONDinONs. COVKNAH'lS AND USTIUCTI<ilS FOR AGRICULTURAL RESTRICTED PROPERTY

The Katam1.sta-Suait1111 BoroQgh1 an AlJWIA IMIDicip&l corporation.

heru.aafter declared "dec..larut" la the ower of all tbat real property

located 111 the &taDW1ka-S11Sltn& Borougb0 State of A1aata 0 be1Dg offered

1 for aale. without develGpeeQt ri3bta1 saore particlllarly described ia

paragraph 8 of tb4se cooditions, covellllllts and restrictions.

It is decl..arant18 intelltioll to iapoae upou the property autually

beDAficial restrictioll8 wider a geaeral plan of laproveae11t of the ·

properties for tbe benefit of all the owera thereof; apacificall1a it

II 1a the tDtent of the ewer to restrict dnelo~t of the property ao

i., a11 to preserve its patential for agricw.tural develoi:aent. rbe HataDuaka-

. Sod.ua BoNugb bas foand 0 in colUleCtiOII with this declaration of ~adi

tioas0 caveun ti 1112d reatr1ctions, that the po11slblllty of these properties

j beiug developed to their highest 8114 heat agricultural use is iaprovecl

and eahearecl. if all of the land therein vi.th good agdculbll:al aoila, are

j applied to agriculcural uses, a:bce0 with the larger acreage under

· agrkslltu.r&l productiGn0 there vil.l be ecoumdea of supply I tra11SportatiOll

aod aarketiJl~h mad a better asauraace of eata'blisblllg a stable .. rket for

th~ agricultural producta to be produced frc1111 a11cll land. these 14Dda

were aelected fen aale0 vitll restrl.cti- as to develo.-nt,. based upoll

the rel&t1- large -ta of Class II and III soUa withila tbe lands.

~ vhich soils are partic:ularly sultable for agricv.laae. The pucela subject

~ to tbue reatrictioas are sold or v:lll be sold at a subauu.cially reduced

' price vith theae reatrlctiOllS tbaa wuld have been obtaimd by the clecla.rlltlt

U the parcel bad beea sold without the restrictiOllS.

IIOW TBEllEFOII. declarSllt declares that the pcoject is bald.

_conveyed. bypotbecated, ~red1 use40 occupi.ed 8IUS iaprovecl

subject to tbe followiag 1Ja1tati.ona1 restrictione, coveAallta and

coadiUoaa. all of llblch an declared aJld aareed ta be ill furtherance

of tbe plan for the iJllpravaae.ut of tbe properer alllll fot tbe purpose

of CDbanc.1.Qg aDd protectlug the vlllue, desirab1lity aod usefw.oe••

of tbe project - an agrt.c!lll.tural project, and every part thereof.

v:lda the real properCJ aDd is bi.Dd.1Jig on all ~ea bav1D& or acqu1rug

1JDJ ript, tf,tle er interest therm or. uy part thereof. 4111d ~ for .,

tba beaeUt of each Clll1lft ef each pareel Vi~ aaicl project or 811f

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I w;,;c:xc.. _, 1 .·. ~ tic;,,.a:z'l . . . : ~--+---I interest the-rein. and iaw-es to the benefit alld 1a b1Q4111& 11pon the

I s11ccessot" ln interest of the ovners thereof. In addition, tbe Hatanualat

jl S11sltna Borough and its citizens an beneficiaries of these cov~ts.

II 1. Deftnit.ions. rhe tenas 11&eo have the meanillgs given to thea in

~ the deed, ~ept as ezpreasly otherwise p,:ovided herein. For the purposes

I of these restrictions tbe tetaa used have tbe following aeaninas:

A. Project. - tbe parcels sold by tbe HatBD11sb-Susitu Boroup

:, at a sale of Borough parcel.a scbedialed for October 16, 1982 aDd furtbtr

~ specified on Page 4 of thia doc'-!lt. The project can be enlarged

ij by tbe Assembly at its disc:reti.on by adding parcels sold or to be offered

j fen sale by the Borough in future Borough lud sales, vldcb parcels, in

tbe Assaably's discretiOD, uy be llade also subject to tbeae saae restrtc

ticu.

B.. Reatrictiona. These conditions, cOVl!Qllllts and re.atrictiana.

C. Subject 2ro~n%• The property sold by tbe Borough to a

particul4r owner.

~ z. Use of Properq. The property conveyed shall be used only for I! ~ agricw.tural puEl)Oses. Stall.ding and other tiJlber 1114y be cut sad sold, or

~otbarvise ueed or disposed of, only if tbe stumps 8Jld roots of tbe cleared

larea are placed in orderl.y piles, berias or viDdrovs • or othervlse disposed

of vithiu 18 -tbs of tbe cleuing and, provided farther• only U tbe

ijroots are giubbe4, raked or otherwise reaoved from tbe cleared area ISO as

;co render tile cleared area suitable for cultivation vithill 24 1110ntbs of

i the cutting of tbe particular area cleared, or otberwiae to preve11t vaat:e .I ~as set forth in the approved far!ll pl.an for the subject property. The reaoval

~of timber, without re110val of StUllps, limbs, roots 411d other daris, is speci-

1. f1.cally declared to be waste and &ucb waste is hereby prohibited by tbeae c.o

3. Buildings 4Dd lm£rOYeaents. Only those buildings and illprovellellt:11

lwhicb are reasonably required. for tbe development. of tbe property for

agrlclll.cural purpoaea are pendtted. 'Ibis includes: 01le hcmeaite, attachecl

I ~ Ot" detached garage for tile home.site, and similar residential 011t buUdinga,

laucb as aa out.door toilet:, 111110k.ehouse, sauna, upo11 a parcel ao greater

~ than five acres vi.thlza the subject propertJ. The ovur ahaU identify su.cb

· parcel, vi.th B11fficieo.t iufor.aticG, llO that the parcel c:~ be described ill

a separate Deed of Tr11&t 0 slliLable for rec.ordation. ADy IUCb recorclatioa

aball be Bdbject co the Borougb Platting Reglllatlona. The parcel for a

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11 llresidence shall be appropriately located in light of e.idsting or proposed

lroad access to the property, and in light of orderly developlllellt and use o[

lithe property for agricultural purposes. The locat1011 of this parcel to can

litain the residence uy be changed at a later date upon application of the

1,awner and with the consent of the Assembly. laaprovements which vould I! l!°rd.1narily be clasaUied as being required for agricultural development an

~barn.a. wells, septic taaks. fences, peos, silos. garage for storage of fani

l·equ1pment, and field roads. The following are examples of improvements OT

activities vhich are not pendtted: buildings or yards for c-rcial

~sale. repair or storage of equipment or supplies; areas and bu.1ld1Dgs

~for retail sales. other tb.aD sales of agricultural products; sale of

~sand and gravel for use off the subject property, eiteept as permitted

llunder a fiading of the Asselllbly tbat such sale will contribute to the

~developaent of agriculture in the area. Baae occupations within the

l;residellce, such as bookkeeping, are penzitted.

~ 4. Waste of the property, such as removal of the topsoil,

ijia prohibited,

Ii j! 5. Further Subdivbioll. further subdivision of the property is

ijprobibited, except vbere the ownff applies to the .Aaseaibly for such

~subdivision aod where tbe .Assaabl::, finds that such subdivision, if permitted,

ijcould reasonably be expected to iucreaae the agricultural production to be

~~ealized fr- the nev parcel to be generated by virtue of the fact th.it it

llw' ll be added ro an adjacent fara, ar' a similar circum.sunce favorably con-

1 tn.butiag to the ecoDOGdcs of agricultural production.

6. Amendment. These conditiollS • coveaants and restrictions 111ay be ,I ~~ oa.ly by ordinance of the Katanu.ska-Susitaa Borough Assembly aod

II shAll apply equally to all parcels llUbject to cheae covenants. Any

~such ~tor change in the IWlllber of parcels subject to these restric-

11tioll8 shall be effective 'JPOll recodation in the Office of the Kecorder, d I! Palmer Recording District, Third Judicial District, . State o{ Alaska, Pa.li..r. ~ . 11Alaska •

7. lnte!J?retatioa. the provisions of these reatrictioas shall be

liberally construmd to ~Hect its purpose of encouraging the development of

agriculwre vithia tbe project, aJld within the individual properties of the _,. project, Failure to euforce any pravf.51Clll hereof sb~ll aot constitute a

i~••~ of

,,.· .~ riaht to enforce such provisions ot asiy other provisions hereof.

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a. hlt Rllllbers aDd LeJsal Descriptio~. the parcels covered by

theN restl'ictlona are as follova:

lln:it Bo.

1.

2.

3.

4.

s.

6.

I 7.

a.

9.

10.

11.

12.

13.

16.

1s.

16.

17.

18.

19.

20.

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1,eei »escr12t1oa

TlBH. m. Sectillll 7 GLCI tot 2, 3, 6 Gd ~

Tl8H, BJ£. Sec. . '• SB\$"', Sec. 7. l.ot S, ~ mid the ~; Sec. a. that portia1l of GLO Lots 2 am 3 north of Volverille Extenatn Boac!.

Tl8lf, JUW, Sec. 16• ~ and tract D-1 (replat of Tract D, 6S1.S 72-26)

tl6ll, B.411. Sec. s. ~

Tl!11, asw. Sec. 23, ~. ~.~am tbe ~ -

-rH1, m, ~. 13, ~

'?191, ISW, Sec. 13, CLO Lot 8e ~

'rl91, 15V, Sec. 14. sJs

%191, as;, Sec. 14, !Is

"?m, w. Sec. n. ~ BildiWfc, aDd. ~ lleSt of tbe Parka lliglsay • Sec. 32,

T221, a.411, Sec. 30, s~. ~

T241, llSV, Sec. 24, !Nii, Vl5Hlc all vest of the Parka fli&la,aly

T241, asv, Sec. 9, 11!%, HB\S~. ~. ~ all east of ti-e Parka 11.sh-Y

T261, I.Sil, See. 32. ~ .. ~. escladiag the l'arb lliglaray

1:261, B..58, See. 30,. ~~&Jc. aDd ~. SV1a1% ~.Sec. 31

T2Qr0 R.58. Sec, 19, ~ aal ~ ~-~a.ad~. Sec:. 20

T261f, &Sr, Sec. 28, Tracts A aad r, exeptiJ!g tberefr- the 150 foot sceaic buffer um13 t.be Patarlldll.e a.o.l

?2611, B.6V, Sec. 29, 'tract C ncepU.ag therefra t!le 150 foot ac;eiw: bGffer al.cal tbeh~Road

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D Vl'l'RESS WIIEREOI', the Wlderaigaed baa executed this inatruaeDt

Chis ~ day of oc&.,.Q,,,, • 1982.

I KAl'AWSXA-SllSITl!IA BOROUGB

., ,;·

,i~--?P~--1. "ft-~-h Borougb ._er It . S'fAl'B OF .ALAS1tA )

) ss. ' rKUID JIJDICUL DISTRICT )

~.--~··

OIi this 'I#\ day of /Wt ) . 191l2,_. before -.• ·

ll Ck,st,i l . mtt-z.e;_. a Hotuy l'llbllc IJ1 and for cbe -~tate

~ of Alaska, personal.ly appeared G4llY tllURI.OV, aDd RVEID 'IBO!IPSOR, laiavu

ii co ae to lie the Borough Manager and Borough Clerk of the Matallllsb-

ii Sud.t::aa Boroagh. sn Alaska IIWllc:ipal corporat1.on. that ezec:uted the

ij Vltbio iDstnaent on behalf of the Borough aDd aclmavledaed to me that

!I aw:h Borough ~ecuted the saae purswmt to the laws of tbe State of

f '.'fka• the ord1Da11ees of tbe Kat.anuslra-Suaitaa Borough and a resolution 1 . --~ · t:i, . :~ka-Susitna Borouah Aaaeably. ! .·-,._.·· :-.. :.~ .. :· . ..,:,,.,. ... ::..., /) ..P' I

:i- \ J:-· :/:t\~,-::\~~~-,··. 0.J-.-rd;; L~ 1. ~~ ~, : ,. :ztij' •. • / : Bat.uy Public: for sr.auoFifuta .. Jt.tt t 9e~,~:1j · J.f· 111 c-1ss1oia apuu: u-so-,r I

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;: . .- -~001~~ RECC i ~,. :l-EU U-

1.A i.. !'.. :: fTNA I\ECOf'tOiMQ DIST.

la 13 3 u Pl'I REQUESTEG ilY _ ADDRESS . , :- ': .

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PAGE9~/ (CORRECTED)

CONDITlONS, COVENANTS AND RESTRICTIONS FOR AGRICULTURAL RESTRICTED PROPERTY

These Conditions, Covenants and Restrictions for Agricultural Restricted 11 Property correct the Conditions, Covenants and Restrictions for Agricultural ; Restricted Property recorded on Book 86 Page 549 1n the Talkeetna Recording ,, ;j Dfstrfct. State of Alaska, on October 13, 1982 and Book 278 Page 591 in the ~ Palme1· Recording Of strict, State of Alaska, on October 13, 1982 .

~ The Matanuska-Susitna Borough, an Alaska municipal corporation. herein~ after declared "declarant" is the owner of al_l that real property located 1n !l the Matanuska-Susitna Borough. State of Alaska, being offered for sale, without § developnent rights, more particularly described in paragraph 8 of these condi~ tions, covenants and restrictions.

!I It is declarant's intention to impose upon the property mutually benefi-~ cia1 restrictions under a qeneral plan of improvement of the properties for

II the benefit of all the owners thereof, specifically, it is the intent of the ii owner to restrict development of the property so as to preserve its potential jj for agricultural development. The Matanuska-Susitna Borouqh has found, fn r connection with this declaration of conditions, covenants and restrictions, ., Ii that the possibility of these properties being developed to their highest j: and best agricultural use is improved and enhanced, if all of the land therein

1 with good agricultural soils, are applied to agricultural uses, since, with I i, the larger acreage under agricultural production, there will be economies of •1

,isupply, transpprtation and marketfnq, and a better assurance of establish1ng a ,: stable market for the agricultural products to be produced from such land. ii These lands were selected for sale, with restrictfans as to development, based '., upon the relative large amounts of Class II and III soils within the lands, JI I, which soils are pa'1fcularly suitable for agriculture. The parcels subject i; to these restriction$ are sold or wfl 1 be sold at a substantially reduced :iprfce with these restriction~ than would have been obtained by the declarant i ff the parcel had been sold without the restrictions. ~ tlOW THEREFORE, declarant declares that the project 1s held, conveyed,

ijhypothecated, enclS!lbered, used, occupied and improved s_ubject to the following t,lfmitatfons, restrictions, covenants and conditions, all of which are declared i. and agreed to be in furtherance of the plan for the improvement of the property i and for the purpo5e of enhancing and protecting the value, desf rab11fty and jusefulness of the project as an agricultural project, and every part thereof.

;; All of the limitations, covenants, restrictions and conditions run with the H real property and is binding on all parties having or acquiring any right, ~title or interest therein or. i1I\Y part thereof, and is for the benefit of r. . t" each owner of each parcel within said project or any interest therein, and j\ inures to the benefit and ~s binding upon the successor in interest of the :owners thereof. In addition, the Matanuska-Susitna Borough and its citizens ~ . . 1·.are .~n~~:ciartes .of these covenant~.

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1. Definitioos. The tenns used have the meanings given to them in the deed, except as expressly otherwise provided herein. For the purposes of these restrictions the terms used have the fqllowing meanings:

A. Project - the parcels so1d by the Matanuska-Susitna Borough at a sale of Borough parcels scheduled for October 16, 1982 and further specified on Page 4 of this document. The project can be enlarged by the Assembly at its discretion by adding parcels sold or to be offered for sale by the Borough in future Borough land sales, which parcels, in the Assembly's discretion, inay be made a1so subject to these same restrictions.

B. Restrictions. These conditions, covenants and restrictions. C. Subject property. The property sold by the Borough to a parti

cular owner. 2. Use of Property. The property conveyed shall be used only for agri

cultura1 purposes. Standing and other timber may be cut and sold, or otherwise used or disposed of, cnly if the stumps and roots of the cleared area are p1aced in orderly piles, berms or windrows, or otheniise disposed of within 18 months of the clearing and, provided further, only if the roots are grubbed, raked or otherwise removed from the c1eared area so as to render the cleared \ area suitable for cultivation within 24 months of the cutting of the particular area cleared, or otheniise to prevent waste as set forth in the approved fann plan for the subject property. The removal of timber, without removal of stumps, limbs, roots and other debris, is specifically declared to be waste and such waste is hereby prohibited by these covenants .

3. Buildings and Improvements. Only those buildings and improvements which are r~_aspnably regui red for the development of the property for agri cultural purposes are pennitted . This includes: one homesite, attached or de tached garage for the homesite, and similar residential out buildings, such as an outdoor toilet, smokehouse, sauna, upon a parcel no greater than five acres within the subject property. The o,.,,er shall identify such parcel, with sufficient infonnation, so tret the parcel can be described in a separate Deed of Trust, suitable for recordation . My such recordation shall be subject to the Borough Platting Regulations. The parcel for a residence shall be appropriately located in light of existing or proposed road access to the property, and in light of orderly development and use of the property for agricultural purposes. The location of this parcel to contain the residence may be changed at a later date ~pon application of the O°r'Kler and w-ith the consent of the Assembly. Improvements which would ordinarily be classified as being required for agricultural deve1opment are barns, wells, septic tanks, fences, pens, silos, garage for storage of fann equipment, and field roads . The following are examples of improvements or acti ·,ities which are not pennitted: buildings or yards for COl!lllercial sale, repair or storage of equipment or supplies, areas and buildings for retail sales, other than sales of agricultural products; salel of sand and gravel for use off the subject property. except as penni tted under a ffnding of the Assembly that such sale will contribute to the development of agriculture in the area. Hoo,e occupations wi thin the residence , such as bookkeeping, are permitted.

4. Waste. · Waste of the property, such as removal of the topsoil, is prohibited .

5. Further Subdivision. Further subdivision of the property is pro • hibited , except where the owner applies to the Asserooly for such subdivision

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BOOK.82 PAGF 9iG

the new parcel to be generated by virtue of the fact that it win be added to an adjacent farm, or a similar circumstance favorably contributing to the econ0nt1cs of agricultural production.

6. Amendment. These conditions, covenants and restrictions may be amende only by ordinance of the Matanuska-Susitna Borough Assembly and shall apply equally to all parcels subject to these covenants. Any such amendment or chang fn the number of parcels subject to these restrictions shall be effective upon recordation in the Office of the Recorder, Palmer Recording District, Third Judicial District, State of Alaska, Palmer, AlaskJ.

7. Interpretation. The provisions of these restrictions shall be liberally construed to affeft its purpose of encouraging the development of agriculture wtthf~ t""" project, and within the individual properties of the project. Failure to enfo~~ en,y provision hereof shall not constitute a waiver of the right to enforce such provisions or any other provision·s hereof.

8. Unit Numbers and legal Descrfotions. The parcels covered by these restrictions are as follows:

•$

llnft No. t.

2.

3.

4.

s.

6.

7.

8.

9.

10.

11.

12.

11. . ... '

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legal Description T18N,R3E, Section 7 131.0 Lot?, 1, 6 and HE~S~

TlSN, R3E, Sec. 6, SE%SE!li Sec. 7, Lot s. k'li?iE'- and the NE\NEJi; Sec. 8 that portion of GLO Lots 2 and 3 north of Wolverine Extension Road

Tl8ff,RlW, Sec. 16, SKI.INE'-and Tract 0-1 (replat of Tract 0, ASLS 72-26)

T16N, R411, Sec. 5. Sltfflll:l

T19N, RSW, Sec. 23, ~. ~Ell. ~EliSWlaNElt, and the 1't~S\,lliNE!i

T19H. RSW. Sec. 23, NlsNWlt, ll!iNlMEit, NE\N~Eli. !#pNIIME>i. \oPsE!iSE'-HWl:.NE1'

T19N, R5W, Sec. 13, N~SW!l

T19N. RSW. Sec. 13. GLO lot 8. S~Wlt. WlsEllSEi.SW!c

T19N, RSW, Sec. 14, 511

T19N, RSW, Sec. 14, His

T22N. R4W, Sec. 31. N¥CE'-. NM~. and ~~~ west of the Parks Highway, Sec. 32

T22N, R4W, Sec. 30. SE%$~. Sli'ISE'

T24H, RSK. Sec. 24, NW., H¥•£11 all west of the Parks Highvay

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Unit No.

14.

15.

16.

17.

18.

19.

20.

legal Description_

T24N, RSW, Sec. 9, NE1', NE\SE\NWla, HE~WJ,. N~Wldt~ all east of the Parks Highway

T26N, RSW, Sec. 32, E\N\ih, ~WWl~, excluding the Parks Highway

T26H, RSW, Sec. 30, ~E\S~. and ™E\, . s~~. S\NWI.INE\, Sec. 31 I T26N, RSW, Sec. 19, E1$NE%, and N¼H~lfh ~wi,. ~~tjWl-..Nt-.% and NWJiSWl4i~, Sec. 20

T26N, R6W, Sec. 28, Tracts A and F, exceptfng therefrom the 150 foot scenic buffer along the Petersville Road

T26N, R6ij, Sec. 29, Tract C excepting therefrom the 150 foot scenic buffer along the Petersville Road

T26N, R6W, Sec. 32, All

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IN WITNESS WHEREOF, the undersigned has executed this instrument thfs J · __,_~- day of ~ l , 1982. . t . E"·•~-0 ATTEST, I J .· Cariiur~ln- e ~~~~~~6!!"6,...,.#J r ·- : STATE OF ALASKA l ss. ;-THIRD JUDICIAL DISTRICT ~

/JOn thfs -~~ day of _{k,,,.,/.,,__, 198_, before me, ~cA, {!(ellll!V , A Notary Public in and for _the State of Alaska,

personally appeared <'..ARY THURLOW, and iVill~Liifl, kn0"'1'1 to me to be the Borough Manager and~8~~h Clerk of the Matanuska-Susitna Borough, an Alaska

~ 11U1icipal corporation, that executed the within fnstrument on-~~~~; ~f the II Borough and acknowledged to me that such Borough executed ~:~~~.,~~ant

to the laws of the State of Alaska, the ordinance of thf~~s_lta".?~~i~a .Borough and a resolution of the ~tanu - tt a orouif-:.•. !is I') \:.~% {·

I .. _ .. -(,· ,. _;C'":6;:J'

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l

DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS

FOR AGRICULTURAL RESTRICTED PROPERTY

'-Yr\S '?:CJ/KS AMENDMENT NUMBER 1

This Declaration of

Restrictions, made this

Amended covenants, Conditions

27th day of September, 1991,

and

by

Declarant, MATANUSKA-SUSITNA BOROUGH, a municipal corporation

organized and existing under the laws of the State of Alaska,

acting through its Borough Assembly and Borough Manager;

WITNESS ETH:

Whereas, a

Restrictions was

Page 591, Palmer

Declaration of Covenants, conditions, and

recorded on October 13, 1982, in Book 278, at

Recording District, and a corrected Declaration

was recorded on January 28, 1983, in Book 291, at Page so, Palmer Recording District, and

Whereas, the Declarant, pursuant to its authority as stated

in Article 6 of the Declaration and Corrected Declaration wishes

to supplement said Declarations by amending the Covenants,

Conditions, and Restrictions as provided by Matanuska-Susitna

Borough Ordinance 86-78, adopted and approved September 16, 1986.

NOW THEREFORE, the Declarant hereby declares that all

properties, described in Exhibit "A, n shall be held, sold and

conveyed subject to the ·following amended and supplementary

Covenants, Conditions, and Restrictions which shall run with the

real property and be binding on all parties having any right,

title or interest in the property described in Exhibit "A," or

any part thereof, their heirs, successors and assigns, and shall

inure to the benefit of the Matanuska-Susitna Borough and its

citizens as beneficiaries of these Covenants, Conditions, and

Restrictions. These amended supplementary CCR's supersede any

provision of the original Declaration and Corrected Declaration

that are in irreconcilable conflict with this Declaration and

shall also supersede any provisions of the Matanuska-Susitna

Borough Codes or policies and amendments thereto, which conflict

with this declaration. Only those sections of the original

Declaration and Corrected Declaration and the Matanuska-Susitna

Borough Codes that are in irreconcilable conflict are superseded

and only to the extent of the conflict.

ARTICLE 1. Definitions, shall be amended and supplemented by the

following:

D. "Bid Price" is the amount a lessee bid for the right to buy

agricultural rights to an agricultural parcel leased under

the 1982 or 1983 Borough agricultural lease program.

E, "Net Purchase Price" is the purchase price less applicable

production and development credits.


l

F. "Parcel" is the area leased under an agricultural rights lease or the area upon which agricultural rights were purchased under an agricultural rights sale.

G. "Purchase Price" is the price for which a leased agricultural parcel may be purchased if the development requirements are met. It is the bid price less the forgiveness schedule, credits.

allowed but not

for less

meeting production

the or

development development

The purchase price for 1977 sales is the amount bid; for 1981 sales it is the purchase price established for the lottery.

H. "Schedules" includes both the development schedule and the lease or note payment schedule. Schedule refers to the time by which development requirements are to be met or payments are to be made.

All~ZCLB z. Use of Property, shall be amended and supplemented by the following:

With the annual approval of the Agricultural and Forestry Advisory Board, non-agricultural businesses may be conducted on the homesite only. The business shall be owned and operated by the immediate parcel owner or lessee of record.

With the annual approval of the Agricultural and Forestry Advisory Board of a request by the lessee or owner, a person may operate a business on the parcel processing or selling wood or agricultural products that come from areas other than the parcel. The business may not be on Class II or III soils unless located on the homesite.

The Agricultural and Forestry Advisory Board may not approve a business under this section nor a renewal of a previously approved business unless the parcel is in compliance with its approved development schedule or is in full production.

M'rICLB 3. Buildings and Improvements shall be amended and supplemented by the following:

A request to place more than one dwelling per homesite must be submitted in writing and be reviewed by the Agricultural and

Forestry Advisory Board and approved by the Borough Manager prior to construction. The request must include justification showing that the additional dwelling relates to the operation of the farm. The same procedure must be followed for requests and approvals to construct outbuildings (non-residential structures required for agricultural purposes) on land other than the homesite. The request must include financial or practical justification for not placing the structures on the homesite.

Page 2 of 4


ARTICLB 5. Further Subdivision shall be amended and supplemented by the following:

Agricultural parcels may not be subdivided in a manner that requires additional homesites without prior approval of the Agricultural and Forestry Advisory Board. Only the parent parcel's original homesite is eligible for fee simple purchase; all other homesites shall remain in agricultural rights only status.

DTICLII t. Deferments. Up to three deferments of one year each may be taken at any time during the lease or contract period. Each deferment extends both payment and development schedules. The first deferment may be taken at the parcel holder's option after review by the Agricultural and Forestry Advisory Board. To qualify for the second deferment, the parcel owner must show a good faith effort to comply with the schedules, show how unforeseen financial or practical cirCUJllstances prevented compliance, and have a written plan to bring the schedules current. To qualify for the third deferment, the parcel holder must also show progress since the second defennent or substantiation of extenuating circW11stances.

No more than three deferments may be granted under this policy for any given parcel; changes in ownership do not change the total number of deferments to which a parcel is entitled.

Interest on the balance due on notes accrues during deferments and will be added to the principal owing by spreading such interest over the term of the extended payment period; subsequent note payments will be increased accordingly.

The deferments authorized under this section are in lieu of all other deferments authorized as a part of a sale or lease or under the terms of an ordinance. The property of a purchaser or lessee who enters into an amendment implementing the policies set out in this exhibit is entitled to three deferments under this section without regard to whether such property, purchaser or lessee has received a deferment of any nature in the past.

Deferments may be applied to the delinquencies that exist at the time this policy is implemented.

AllT:ICLI 10. Extension of Purchase Options. A lessee qualifies for a 501 forgiveness of the bid price if all development requirements are met by the end of the sixth year or at the end of an approved deferment period during the seventh, eighth or ninth year. A lessee who does not exercise a purchase option at the end of the sixth year or an approved deferment period may purchase the agricultural rights at the bid price at any time up to the end of the twelfth year if the development requirements have been met at the time the option is exercised.

Page 3 of 4

l


Ul'ICLB 11, Price adjustments for Incorrect Tillable Acreage Estimates, The original bid price may be adjusted upon request if the actual Class II and III soils (based on the scs systeJD in effect at the time of the sale) on the parcel deviate more than 151 from that represented in the sale brochure. The new price for those acres determined not to be either Class II or ZII soils shall be the minimum bid per acre price of that parcel. The original bid price, purchase price, and subsequent payments shall be adjusted accordingly, Overpayments of lease and note payments made prior to the price adjust111ent under this section will be

credited without interest against future lease or note payments.

J:n Witness whereof, the municipal corporation has caused signed by its Borough Manager 1991.

A'?TEST;

Linda Dahl Borough Clerk

S'l'ATE OF ALASKA ) )ss.

Third Judicial District )

Matanuska-Susitna Borough, a this amended Declaration to be this ./ 1,/.t day of 4,,'2fh,c

Declarant:

THIS IS TO CERTIFY that on this /1:, _,,. day of .Ot-hl>tr , 1991, before me, the undersigned a Notary Public in and for the state of Alaska, duly commissioned and eworn as such, personally appeared Donald L. Moore, known to me to be the Borough Manager of the Matanuska-Susitna Borough, and Linda Dahl, known to me to be the Matanuska-Susitna Borough Clerk, and who acknowledged to me that they executed the within and foregoing instrument on behalf of the Matanuska-Susitna Borough freely and voluntarily, and for the uses and purposes herein stated.

WITNESS my hand and official seal the day and year herein and above written.

,,,,...,. N~ ~ Alaska ,,~~ .,. .... , ... 11~~~ .... !!.cc~, My comiission expires: .:2-~.:J -9,!

l~ .. -·· ···.~\ I ! ~OT.v,,. \ \ • r • \ ! ... i I

!i. • • * f \ \ P<JaL\c / I 't . •

'V!~';;-•--· .. •·~·~~~l ,c; OF ~\.l' .. ,_IP,. l

LMK:rc/919,12 Page 4 of___:_4 ____________________ _


PII'I IP,

1

2

3

4

5

6

7

8

9

10

EXHIBIT "An

LBqAL DBSCRIPTIOI RBCOIUllllG DIS'PRIQ'J

GLO 2,3,6 and NE 1/4 SW 1/4, Sec. 7, T18N,R3E, S.H,, AK

SE 1/4 SE 1/4 of Sec. 6, Lot 5 and the W 1/2 NE 1/4, NE 1/4 NE 1/4 of Sec. 7, and that portion of GLO Lots 2 and 3 north of Wolverine Extension Road of Sec. 8, all being within T18N,R3E, S.M., AK

Palmer

Palmer

Tracts D-1, E and F, Lil-Su Ag Palmer subdivision, filed September 19, 1991, Plat 9~-68, being formerly described as SW 1/4 NE 1/4 of Sec. 16, T18N,RlW, S,M., AK and Tract D-1, Replat of Tract D, ASLS 72-26

S 1/2 NW 1/4, sec. 5, Tl6N,R4W, S.M., AK

Sl/2 NW 1/4, W 1/2 SW 1/4 NE 1/4, W 1/2 E 1/2 SW 1/4 NE 1/4, W 1/2 E 1/2 E 1/2 SW 1/4 NE 1/4, Sec. 23, T19N,RSW, S.M., AK

N 1/2 NW 1/4, W 1/2 NW 1/4 NE 1/4, NE 1/4 NW 1/4 NE 1/4, W 1/2 SE 1/4 NW 1/4 NE 1/4, W 1/2 E 1/2 SE 1/4 NW 1/4 NE 1/4, Sec. 23, T19N,R5W, S.M., AK

NW 1/4 SW 1/4, Sec. 13, T19N,R5W, S.M., AK

GLO Lot 8, SW 1/4 SW 1/4, W 1/2 E 1/2 SE 1/4 SW 1/4, Sec. 13, T19N,RSW, S.M., AK

S 1/2, Sec. 14, T19N,RSW, S.M., AK

N 1/2, Sec. 14, T19N,R5W, S.M., AK

Page l of 3

Pal.Jl1er

Palmer

Palmer

Palmer

Palmer

Palmer

Palmer l


Exhibit "A"

mr:IT HO •.

11

12

13

14

15

LEGAL DBSCRil'TIOK RBCQIDiffl!_IP:S'fRJQT

N 1/2 NE 1/4, NE 1/4 NW 1/4, Sec. 31, and Palmer W 1/2 W 1/2 NW 1/4 NW 1/4, Sec, 32, west of the Parks Highway and, EXCLUDING THERE-FROM the Parks Highway right-of-way, BLM Serial Number A-056669, Alaska Project No. F-035-2(7) Susitna River to Petersville Road, and FURTHER EXCLUDING THEREFROM 150 feet, measured perpendicularly from the exterior boundary of the Parka Highway right-of-way, along and adjacent to the Parks Highway right-of-way, all being within T22N,R4W, S.M., AK

SE 1/4 SW 1/4, SW 1/4 SE 1/4, Sec. 30, T22N,R4W, S.M,, AK

Palmer

NW 1/4, W 1/2 NB 1/4, Sec. 24, west of the Talkeetna Parks Highway EXCLUDING THEREFROM Right-of-Way Permit AOL 19688 Parcel A-1817 Project No. F-035-2(7), Parks Highway (Sunshine to Susitna River) and FURTHER EXCLUDING THERE-FROM those lands described in the "MEKOlUUfDtlM OF UNDERSTANDING between MATAHUSKA-SUSITNA BOROUGH and the STATE OF ALASKA" recorded in the Talkeetna Recording District on October 25, 1979, in Book 72 at Pages 224-226, all being within T24N,R5W, s.M., Alt

NE 1/4, NE 1/4 SE 1/4 NW 1/4, NE 1/4 NW 1/4, NE 1/4 NW 1/4 NW 1/4, Sec. 9, east of the Parks Highway EXCLUDING THEREFROM the Parks Highway right-of-way

Talkeetna

and those lands described in the "MEMORANDUM OP UNDERSTANDING between MATANUSKA-SUSITHA BOROUGH, and the STATE OF ALASKA," recorded in the Talkeetna Recording District on October 25, 1979 in Book 72, at Pages 224-226, all being within T24N,RSW, S.M., AK

E 1/2 NW 1/4, S 1/2 SW 1/4 NW 1/4, Sec. 32, east of the Parks Highway EXCLUDING THEREFROM the Parks Highway right-of-way, all being within T26N,RSW, S.M., AK

Page 2 of 3

Talkeetna

1


' 1

·-i. I i :t i ;~-. . ,. t ;

' f ; t t . )

I I f f t ¥

f i I

I , l

;

l 1 I

f

t l

16

17

18

19

20

Exhibit "A"

S 1/2 SE 1/4 SB 1/4, Sec, 30 and E 1/2 NE 1/4, SW 1/4 HE 1/4,

S 1/2 NW 1/4 NE 1/4, Sec. 31, all being Within 'l'26N,R5W, S.M., AI(

E 1/2 NE 1/4, Sec. 19, and H 1/2 NW 1/4 NW 1/4, N 1/2 S 1/2 NW 1/4 NW 1/4, S 1/2 SW 1/4 N1' 1/4 NW 1/4 and

NW 1/4 SW 1/4 NW 1/4, Sec. 20, all being within 7'26N,R5W, S,H., AK

Tracts A and P according to Supplemental Cadastral survey of Sec, 28, T26H,R6W, S.H., AJI;, filed as Plat 79-75

Tract c according to supplemental Cadaatral Survey of Sec. 29, T26M,R6W, S.M,, AIC filed as Plat 79-75

Sec. 32, T26N,R6W, S.K,, AK

All being within the Third Judicial Diat:1"ict, state ot Alaska.

SOOK 0665PIGE 439 RBCQRDXNG Dil'l'RIC,

Talkeetna

'l'alkeetna

'l!alkeetna

Talkeetna

Talkeetna

Cf I., o 1 2 2 s 2 ~-" PALMER REC 3 J1.,, ~ ~1»,a DISTRICT ::.J ~t1·~· REQUESTED BY,,,_.,,'~,~

·s1 acr 11 nrt 101a v

LKK:rc/919,12 Page 3 of 3

j

' '·


HOMESITE, UPLAND

3.91 Acres

5ACRE; HOMESITE

UPLAND 14.61 Acres

Feet "

~o •+•


Exhibit D

MATANUSKA SUSITNA BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT

LAND AND RESOURCE MANAGEMENT DIVISION BOROUGH FARM CONSERVATION PLAN

Pursuant to MSB Title 13, MSB Title 23, and Alaska Statute 9.45.235 Agricultural operations

MSB001235

NAME: Tory R. O/eck

ADDRESS: PO Box 1275, Willow, Alaska 99688

TELEPHONE: __________ (HOME) -=9=07"--4-=-=2=0 .... -4:..:..7=60:a..-_____ (MOBILE)

This Farm Conservation Plan (FCP) is required as a condition of the Agricultural Covenants, Conditions, and Restrictions within the contract or deed, summarizes the purchaser's/owner's commitment to proper agricultural land use and conservation practices, which are represented graphically on the attached parcel map and supplementary written narrative. When approved by the Borough Manager, this plan remains with the property title as currently approved or subsequently amended.

COVENANTS: 1. The owner of this parcel agrees to inform himself or herself of the relevant Borough Code under which this agricultural property was sold and all associated conditions of sale/conveyance addressed in the brochure, sale contract, covenants, conditions, and restrictions (CCRs), and to abide by all covenants and restrictions listed therein.

2. The purchaser is required to use management practices reasonably designed to prevent pollution of water and to prevent soil erosion greater than applicable soil loss tolerances estimated by USDA Natural Resource Conservation Service guidelines.

3. To the extent that development takes place, the owners agree to develop in conformance with this plan. This plan may be modified upon request of the purchaser by the same administrative process required for approval of the original plan.

4. The purchaser/owner understands that a Farm Conservation Plan developed individually or in conjunction with, a review by the Soil and Water Conservation District and approved by the Matanuska Susitna Borough Manager may not fulfill USDA requirements for funding resource applications. The Borough recommends, but does not require the purchaser/owner consult Natural Resource Conservation Service for assistance in developing a Borough Farm Conservation Plan.

A Farm Conservation Plan must be updated prior to any significant changes on or to the property including, but not limited to, the amount of acres cleared/planted, new farm roads, or buildings/structures not indicated on the current plan. Covenants, Conditions, and Restrictions for Borough property sold under Title 13 convey only the Agricultural Rights and any transfer of those rights requires consent of the Borough, which require Assembly approval or Manager's Decision depending on the CCRs that run with the property.

Borough Farm Conservation Plan Rev. 03/28/2019

Page 1 of 6


If an agricultural parcel is subdivided, a new Borough Farm Conservation Plan must be submitted for each parcel created by the subdivision of the original parcel. The new plan(s) must be approved prior to subdivision and platting actions.

A properly completed plan will address such permanent conservation objectives as: 1) Protection of wetland, streams, and related water resources of the land; 2) Protection of highly erodible land, farmsteads, animal rest areas, etc. with conservation practices such

as effective wind barriers (natural or planted windbreaks), permanent cover crops, and proper location of improvements.

The following is a SUMMARY of the information required to complete a FCP. 1) A written narrative describing the planned development and conservation measures to be employed

as shown on the required map. The narrative must provide details about the improvements; including the primary agricultural use of any structure, and any planned secondary uses.

2) Structures, such as barns and shops, used for agricultural purposes, may be used for commercial purposes if it does not interfere with the primary, agriculture-related purpose.

3) A physical resource map indicating; a) Map scale; b) Soil types b) Clearing configuration, use, and acreage; c) If the agricultural use does not require clearing, i.e. birch syrup production, greenhouse,

hoop house, low tunnel, organic niche farming, peony production, wind generation, etc., the diagram will include such information;

c) Real property (houses, barns, fences etc.) improvement locations, type, and size; d) Access/farm roads, legal easements, setbacks, physical features such as water bodies, or

planned physical features such as stock ponds or irrigation ditches.

Type of Ag planned: D Field crops D Food animals D Birds/Bees D Hoop/Greenhouse

D Grazing ~ Other harvestable botanicals (e.g .• ginseng & other)

Is clearing required? ~ Yes O No

Map scale ____ _ Map#of Acres Improvement Improvement Type Size

Total Acres: __ 4.:..::0.__

Soils types and classes

Cleared acres (planned)

Cleared acres (existing)

Cropland acres (planned)

Cropland acres (existing)

Pasture acres (planned)

Pasture acres (existing)


See attached sails map

3-5

3

3-5

harvestable botanicals __ _

homesite

harvestable botanicals __ _

Page 2 of6


Con't.

Primary improvement site (planned)

Primary improvement site (existing)

Real property: house, barns,

fences

Greenhouse/hoop house/ low tunnel

Access/farm roads

Legal easements

Setbacks

Stock ponds/lakes/creeks

Other: Wildlife Habitat

Acres

7.68

5

3

1.5

1.5

2.5

9.62

13.13

Map It of Improvement Improvement Type Size

Crops

homesite & associated buildings

100' AOL Esmt 1320'x100

50' ROWEsmt 1320'x50'

50' SLE Esmt 1320'x50'

Easement {ROW/

Natural State

As the purchaser/owner of MSB001235, I am aware of the requirement in my contract, deed, or CCRs to operate the farm in accordance with an approved Farm Conservation Plan and that any modification may require a modification to an existing Farm Conservation Plan.

I approve this Farm Conservation Plan .

Borough Farm Conservation Plan Rev.03/28/2019

Purchaser/owner signature

Date

Page 3 of 6


IF APPLICABLE

I have reviewed this plan with the Soil and Water Conservation District and agree to operate the farm according to this Plan. The plan shows all improvements/structures currently on the property and the attached narrative explains their primary agricultural use as well as any secondary uses.

The _____________ Soil and Water Conservation District has reviewed this Farm

Conservation Plan for MSB _____ and believes that it, including any attached comments and recommendations, fulfills the requirements of MSB Title 13 or Title 23 as well as Alaska Statute 09.45.235 for a conservation plan implemented in cooperation with the district. By signing a plan that modifies an existing plan, the District asserts that the new plan accurately reflects the present state of the farm including all structures, physical features, cleared fields, greenhouse(s), hoop house(s), low tunnel(s), grazing, birds/bees, or other agricultural production as specified, and conservation measures currently in place as well as indicating the planned changes. District staff has verified the accuracy of the information provided.

Soil and Water Conservation District Comments and/or Recommendations: (Attach a separate sheet, if needed .)

Reviewed by the _________ Soil and Water Conservation District on _____ _

SWCDChair

Borough Farm Conservation Plan Rev.03/28/2019

Date reviewed

Page 4 of 6


MATANUSKA SUSITNA BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT

I.AND AND RESOURCE MANAGEMENT DIVISION BOROUGH FARM CONSERVATION PL\N

Purchaser/Owner To.a_ Oleck Date July 31, 2019

Scale ___ _ Total acres .,_;4-"0"--- Conservation District .. _____ _

Location (community, project area, neighborhood)[s'Ji'rney Lake area, Willow

N

I

Borough Farm Conservation Plan Page 5 of 6

Rev. 03/28/2019


FARM CONSERVATION PLAN MAP LEGEND

North Arrow

Parcel Boundary

Existing Access (road and/or trails)

Proposed Access (road and/or trails)

Irrigation or drainage ditch

Streams or sloughs

Existing buildings with Map ID

Proposed buildings with Map ID

Existing field cleared and cultivated

Proposed fields to be cleared and cultivated

Pasture (existing or proposed)

Undeveloped Area

Windbreaks (Indicated width In narrative)

Well

Water (reservoir, natural/mad-made pond)

Fence (describe type In narrative)

Other Markers used


Existing

Proposea

>>>>>>>>>>>>>

~

••••••••••••••

• xxxxxxxxxxxxx

Page 6 of 6


MSB #001235 Farm Conservation Plan

Soils Map Data

S T19N R05W Sec. 13 I MSB Tax Map WI 11 o

MSB/LRMD Sep_tember 2019

D1

W+E s

Feet I I I

500

5Acre Home Site

lftfJ

4

5

8

Soil Map Units

141 - Histosols

147 • Kashwitna silt loam, 0 to 3 % slopes

8

7

6

(8618)

12 14 ~

15

16

(4) 7 " D3

8 7

(8618)

(8179)

--,


Matanuska-Susitna Borough Farm Conservation Plan MSB001235 - Oleck

LEGAL: NWl/4 SWl/4, Section 13, Township 19 North, Range 5 West, Seward Meridian. TAX ID:19N0SW13C002 WI 11Map

OVERALL PLAN: 1. Establish a home and shop on the designated 5-acre home site area. Pursue the purchase

of the fee simple title of the home site pursuant to former Title 13.30.120(G)(3).

2A. Preliminary land use proposals include: I am currently exploring the possibility for growing valuable harvestable botanicals, such as ginseng and golden seal. Other species may also be considered. There are no immediate plans to plant such species until federal/state/local approval has been granted.

2B. Additional activities as described in the original land use proposal such as a sawmill and growing peonies will be considered but not established until further research has been conducted to determine viability.

2C. Wetlands The property has a significant amount of land that is seasonally wet. It is my intent to contact Alaska Department of Natural Resources and Alaska Fish and Game concerning the potential to make improvements for wildlife habitat. I possess a Bachelor Degree of Wildlife Management. My education and work experience in wildlife biology gives me the opportunity to make valuable improvements to this portion of the property. No improvements are planned until cooperation and approval has been obtained from Alaska Department of Natural Resources and Alaska Fish and Game as well as the MSB.

3. No other improvements or operations are planned at this time. With the exception of small-scale timber stand improvement, such as the removal of dead and downed trees including the dead spruce trees, which are dead or infected by the spruce bark beetle.

The north one-half of the property was previously cleared by a former owner. The 5-acre home site will be located in the west½ northeast¼ northwest¼ of the southwest¼, Township 19 North, Range 5 West, Section 13, SM, AK, of the subject property. The establishment of the new crops will be within the northeast ¼ of the subject property boundary. The southwest ¼ is planned for wildlife habitat improvements and the southeast ¼ will remain as woodland of the subject property boundary.


Tracy McDaniel

From:

Sent: To:

Subject:

Exhibit E

Glenda Smith <[email protected] >

Thursday, June 6, 2019 3:25 PM

Land Management; Tracy McDaniel; Jim Sykes msb007476

[EXTERN AL EMAIL - CAUTION : Do not open unexpected attachments or links.]

I wanted to comment on the public notice for the sale of the developments on the 5 acre home site for this farm.

The reason the development rights were sold on the 5 acres was so farmers could get a bank loan as none of the banks want to loan on the the Ag rights property. Use of the 5 acre home site was to be for the home, barns, etc., related to the agricultural endeavor.

In 2015 when the Rob Wells, et. al. group subdivided the 79 acres, pursuant to divorce court order, an Assembly requirement was added that those home sites would not be allowed to be sold separate from the Ag rights remainder because the borough requires no smaller than a 40-acre parcel for agriculture purposes.

I would recommend the same restriction on any Ag property to not leave a smaller than 40 acre Ag property that doesn't have a potential home site.

Glenda Smith


COMMENTS IN RESPONSE TO PUBLIC NOTICE FOR TAX ID: 19N05W13C002

I am an agricultural rights owner of MSB agricultural parcel #4 from the 1977 Ag sale. My purchase and sale were under Title 13, the same Title that governs the property listed in the notice upon which I am commenting. In the above notice, the borough proposes to allow the subdivision of a 5 acre homesite from an MSB 40 acre farm unit from the 1982 sale, to be owned free and clear.

I. Owners of MSB agricultural parcels are to have a Farm Use, Farm Development,

or Farm Conservation plan approved of before they purchase, and then follow such while they remain in ownership. (These varying terms of Farm Use plan, Farm Development plan, and Farm Conservation plan have been used at different times in borough agriculture land sales.)

The plan that I saw in the MSB file last week for this property is not a plan to conduct agriculture. It is a plan to have a sawmill. The owner admits he will bring in all wood from off the property to mill and sell. Such activity does not constitute a Farm Use. It is unacceptable to have a sawmill be considered an agricultural plan. Having a sawmill is operating a business, not performing agriculture. It may belong in a rural location, but it is not agriculture.

The MSB has completely ignored that agriculture means creating and using a field to cultivate a product for human survival (generally food.) The word agriculture derives from the Latin words agri , meaning field, and cultura, meaning cultivation.

Agriculture generally requires cultivating a piece of land, and using it for planting and growing food plants. The borough's Ag land sales are based on "food security" promotion, even the protocols for the newest forward going sales. A broader and acceptable modern definition of agriculture is that it is the science, art, or occupation concerned with cultivating land, raising crops, and feeding, breeding, and raising livestock.

Many would say floriculture should count as agriculture as well. I won't go there. But it is incorrect to say that building and operating a sawmill is agriculture.

II . The permission to obtain five acres "free and clear" that is sought here is directed

to be tied to the agricultural use of the property. The deeds these successors in interest have say: Only those buildings and improvements which are reasonably required for the development of the property for agricultural purposes are permitted. This includes one homesite, attached or detached garage for the homesite, and similar residential out buildings, such as an outdoor toilet, smokehouse, sauna, upon a parcel no greater than five acres within the subject property. The owner shall identify such parcel with sufficient information, so that the parcel can be described in a separate Deed of Trust, suitable for


recordation. Any such recordation shall be subject to the borough platting regulations .. . . The parcel for a residence shall be .. . located . . .. in light of orderly development and use of the property for agricultural purposes.

The deeds go on to say: Only those buildings and improvements which are reasonably required for the development of the property for agricultural purposes are permitted. Improvements which would ordinarily be classified as being required for agricultural development are barns, wells, septic tanks, fences ... . The following are examples of improvements or activities which are not permitted : buildings or yards for commercial sale . . .. Buildings for retail sales other than sales of agricultural products.

For the foregoing reasons, I believe it is inappropriate for the borough to approve any subdivision of a 5 acre homesite from this 40 acre farm unit based on the farm plan the MSB has. Further, if the borough goes ahead anyway, then it is only fair that it change the rules for everyone who asks.

Beverly W. Cutler Little Susitna Farm

8470 N. Russet Road Palmer, Alaska 99645


Tracy McDaniel

From: Jill Irsik Sent: To:

Monday, June 10, 2019 9:31 AM Tracy McDaniel

Subject: FW: Msb007462 - comments

----Original Message-----From: Jason Longlet <[email protected]> Sent: Friday, June 7, 2019 5:24 PM To: Land Management <[email protected]> Subject: Msb007462 - comments

[EXTERNAL EMAIL - CAUTION: Do not open unexpected attachments or links.]

I just Received the notice today.

My property is directly adjacent to this project and I am completely against it. The Reason we purchased this property was because it was up against agricultural land and would not be developed. This would ensure the property remains quiet. By developing the property you're violating our peace and quiet.

Please do not allow them to ruin the neighborhood.

Jason Longlet 907-244-8515

Sent from my iPhone

1


MATANUSKA-SUSITNA BOROUGH Community Development Land Management Division 350 East Dahlia Avenue Palmer, Alaska 99645

62 56282802L002 HOOD LLOYD A STE 2 PMB 148

FIRST CLASS 3060 N LAZY EIGHT CT WASILLA AK 99 654-4 33 1 PUBLIC NOTICE

Type: Reclassification & Sale (MSB007476) Tax ID: 19N05W13C002

The Matanuska-Susitna Borough (MSB), Land & Resource Management Division, received an application from MSB agricultural rights farm owner Tory Oleck requesting Assembly approval to subdivide the 5-acre home/headquarters site from a 40-acre farm unit in order to purchase the "development rights" from MSB (original File No. MSB001235). The "development rights" are the rights to subdivide or use the surface of the land for residential, commercial or industrial uses, which are not a part of the farming enterprise conducted on the land. Assembly approval of this application is required prior to the subdivision and sale of the development rights for the 5-acres. The proposed classification is "Residential Land" for the 5-acre home site in order to release the agricultural program covenants and restrictions under former MSB Title 13 code. The remainder of the farm unit (35+/- acres) will remain under the original agricultural classification and the conditions and restrictions. ·

Supporting material is available for public inspection during normal business hours on the 2nd floor of the MatanuskaSusitna Borough building in the Land Management Division or visit the Public Notice Section on the borough's web page www.matsugov.us. Public comment is invited to comment on this request. For your comments to be considered, they must be received no later than 5:00 p.m. on June 71 2019. Comments must be in writing, and they may be mailed or deliver them to the borough offices at the address indicated above. If you have questions about this request, call Tracy McDaniel at 861-7864 between 7:00-4:00 or you can send an e-mail to: [email protected] (PLEASE REFER TO

MSB007462 W~EN SUBM-~ING COMME~TS). . ··' / , , // _. / . ,

Comments: , )c- c:- (d k:tc' /1 c, / 6 f~Aft/ d-✓, _/ ;:t-i /

Signature:

(If you need more space for comments please attach a separate sheet of paper.) For assistance with your property location, tax or assessment matters please call 861-7801 .

MATANUSKA-SUSITNA BOROUGH Community Development Land Management Division 350 East Dahlia Avenue

·:,, asorn~h Mata.nus\<.a-sus1t.n Palmer, Alaska 99645

J\.lN G § 1m9

\F\it~VIO •This public notice & request for comments is in compliance with MSB Code 23.05.025

PLEASE TAPE CLOSO::D ON BOTTOM AND R"~I-IT OF STAMP

Place St amp Here


5-28-19 Mat-Su Land & Resource Management Div.

Tory Oleck Reference: 19N05W13C002

This is in response to the request by Mr Oleck to subdivide his agriculture parcel. I am not in favor of this request. This parcel is in the aircraft approach vectors for Shirley Lake and very near approach vector for the Shirley Lake airstrip.

As and aviation enthusiast, licensed pilot and property owner on Shirley Lake airstrip, I am concerned of future conflicts between property owners and aircraft owners. Float equipped aircraft landing to the north on Shirley Lake may approach directly over this parcel and may result in land owners seeking to stop operations. The same is true with land based aircraft landing and taking off at Shirley Lake airstrip.

The tension between property and aircraft owners has already been made evident at the Willow & Long Lake seaplane base just to the east. Now is the time to prevent future conflicts with proper regulation.

As a possible solution to Mr Oleck's request for development I would suggest that the deed of trust for each parcel state that normal aircraft operations can not be impeded or language to that fact. Now is the time to make land preferences clear to prevent future social and legal conflict.

Respectfully Lloyd A Hood Block 2 Lot 2 Shirley Lake



95 56518804L00 8 NORTON KEVIN J 12170 WOODWARD DR ANCHORAGE, AK 99516 FIRST CLASS

PUBLIC NOTICE ------------------------------------------------------------------------------------------ --------------------------------------------------------

Type: Reclassification & Sale {MSB007476) Tax ID: 19N05W13C002

The Matanuska-Susitna Borough (MSB), Land & Resource Management Divi_s_ion, received an application from MSB agricultural rights'·fa"rm own.er Tory. Oleck requesting Assembly approval to subdivide the '5-acre home/headqu~rters site ; from a 40-acre farm .. unit iry order to purchase the "development rights" from MSB (original File No. MSB001235). The "development rights" are fhe rights to subdivide or use the surface of the land for residential, commercial or industrial uses, which are not a part of the farming enterprise conducted on the land. Assembly approval of this application is required prior to the subdivision and sale of the development rights for the 5-acres . The proposed classification is "Residential Land" for the 5-acre home site in order to release the agricultural program covenants and restrictions under former MSB Title 13 code. The remainder of the farm unit (35+/- acres) will remain under the original agricultural classification and the conditions and restrictions .

Supporting material is available for public inspection during normal business hours on the 2nd floor of the MatanuskaSusitna Borough building in the Land Management Division or visit the Public Notice Section on the borough's web page www.matsugov.us. Public comment is invited to comment on this request. For your comments to be considered, they must be received no later than 5:00 p.m. on June 7, 2019. Comments must be in writing, and they may be mailed or deliver them to the borough offices at the address indicated above. If you have questions about this request, call Tracy McDaniel at 861-7864 between 7:00-4:00 or you can send an e-mail to: [email protected] (PLEASE REFER TO MSB007462 WHEN SUBMITTING COMMENTS).

Comments : S e:. <:.. 9,,:JY C,. t..\'\ <'~ L c. ±\: t.C

---·-·-- ··- - ·-··· .. ·--··- ····--·--------·-------------------------Signature:


*This public notice & request for comments is in compliance with MSB Code 23.05.025 PLEASE TAPE CLOSED ON BOTTOM ~ND R~Gl:ff Pf STAMP. · II · I

s9E::::J-s-&.::lEiEi'::i'::i 111 •111 111/ 1111111 11 •;1 1 • 11 JJ 11 111•111l11 111 J/;)111111/ 1JJ 11 • 1


Reference to Public notice -Reclassification and sale. (MSB007476)

T- •••"'-- :• --• • .,. __ ...,..,..,...., I U WWIIUIII IL 11,ay -..u,u ... ca .. ,

I am responding to the request by Tory Orleck's request for reclassification to the 5 acre parcel

1976 and bought there for the purpose to be off the beaten path. It concerns me that Tory wants it to

be classified as commercial/industrial when over the years I have seen other properties try to have

and run down. I'm sure that the majority of land owners in this area agree with me that we certainly

rinn't n.,.,,i ::1 rnmm.,rri::1l/inri11ctri::1I n1>ighhnr th::.t mnct lilr1>ly will f::.il in th .. ir .. nri .. ::1\#nr ::.nri '"'"'""' 11c with

an eyesore vacancy to have to live with.

I would like to let you know that about 15 years ago a person bought a lot in our subdivision and

got together and through an attorney got him to vacate.

We in South Shirley Lake band together to protect our recreational property and will certainly

nnnnc .. thic ron111>ct -,-,...--- ......... -.. ----·

Regards

Kevin Norton

1 ')17n \Alnnri1Ai,:.rri nrh,o

Anchorage, Alaksa 99516

Phone:907-231-2686

P.S. If there is a public hearing I want to be notified so my voice can be heard.



122 56282B04L021 TRASKY LANCE L & WENDY A 3941 TRURO DR ANCHORAGE, AK 99507-3324

---------------·------·-------------T;:pe: Recb;;;v, .......... ion & Sale (rv;,_, ._ • . ...,, ... 1 ·o)

FIRST CLASS

The Matanuska-Susitna Borough (MSB), Land & Resource Management Division, received an application from MSB agricultural rights farm owner Tory Oleck requesting Assembly approval to subdivide the 5aacre home/headquarters site from a 40-acre farm unit in order to purchase the "development rights" from MSB ( original File No. MSB001235). The "development rights" are the rights to subdivide or use the surface of the land for residential, commercial or industrial uses, which are not a part of the farming enterprise conducted on the land. Assembly approval of this application is required prior to the subdivision and sale of the development rights for the 5-acres. The proposed classification is "Residential Land" for the 5-acre home site in order to release the agricultural program covenants and restrictions under former MSB Title 13 code . The remainder of the farm unit (35+/- acres) will remain under the original agricultural classification and the conditions and restrictions .

Supporting material is available for publ ic inspection during normal business hours on the 2nd floor of the MatanuskaSusitna Borough building in the Land Management Division or visit the Public Notice Section on the borough's web page www.matsugov.us. Public comment is invited to comment on this request. For your comments to be considered, they must be received no later than 5:00 p.m . on June 71 2019. Comments must be in writing, and they may be mailed or deliver them to the borough offices at the address indicated above. If you have questions about this request, call Tracy McDaniel at 861-7864 between 7:00-4:00 or you can send an e-mail to: [email protected] (PLEASE REFER TO MSB007462 WHEN SUBMITTING COMMENTS).

o~e.-~ _·

Anchorage, AK 99507 MATANUSKA-SUSITNA BOROUGH Community Development ~and Management Division

,, 'h'\8 BO{OU~so East Dahlia Avenue W\itiflUS\<.c. .. ~USfoi · Palmer, Alaska 99645

w~.~ ' i; 1\1,~

iReceNeG.

·This public notice & request for comments is in compliance with MSB Code 23.05.025 PLEASE TAPE CLOSED ON BOTTOM AND RIGHT OF STAMP

. .. '. ' . . . ii • . I. ; I •



42 56282B04L027 ELLIOTT ROBT E III ELLIOTT ROBT E

FIRST CLASS 2500 FRANKLIN ST VANCOUVER WA 98660 PUBLIC NOTICE

______________________________________________________________________________ .,. ______________________ _ - •. ; .(_IV.'' : :~:

Type: Reclassification & Sale (MSB007476) Tax ID: 19N05W13C002

The Matanuska-Susitna Borough (MSB), Land & Resource Man~'ge'rnent Divi~ ion, rec~ived~::.flj-iioni?,fiomJf~~' agricultural rights farm owner Tory Oleck requesting Assembly approval to subdiv_ide the 5-acre)wme/headquarters site from a 40-acre farm un it in order to purchase the "development rights" from MSB .. {original\~i1tN6. MSB001235). The "development rights" are the rights to subdivide or use the sdrface __ 9Ub.~, land foF residential , commercial or industrial uses, which are not a part of the farming enterprise conducte_\;l:JJi:("fh1:i'"'land . Assembly approval of this application is required prior to the subdivision and sale of the development rights for the 5-acres. The proposed classification is "Residential Land" for the 5-acre home site in order to release the agricultural program covenants and restrictions under former MSB Title 13 code . The remainder of the farm unit (35+/- acres) will remain under the original agricultural classification and the conditions and restrictions .

Supporting material is available for public inspection during normal business hours on the 2nd floor of the MatanuskaSusitna Borough build ing in the Land Management Division or visit the Public Notice Section on the borough's web page www.matsugov.us. Public comment is invited to comment on this request. For your comments to be considered, they must be received no later than 5:_00 p.m. on June 71 2019. Comments! must be in writing, and they may be mailed or deliver them to the borough offices at the address indicated above: lf you have questions about this request, call Tracy McDaniel at 861-7864 between 7:00-4:00 or you can send an i~-m~H ·t9: [email protected] (PLEASE REFER TO MSB007462 WHEN SUBMITTING COMMENTS). _. .

Comments: J_ tPOvlJ (lo"T ~-, ftkR -· fu >-@·:~.co~IYlRf'U_d~(" L,,,J.uf;/y-ra.Jl d ~f 1-k\&l< i;:- ::h, .c.Q o-si .. · -~," _ fou s_--Jf:;-.o:~!-«'._ ef:~ .. -:· _..J._l~et~~=· :.....:.....( ________ _

- - -.. Signature: - - ----£~~.Ile~~--·~·- '.'··;~~ij"!b~i.tt~, .,

. )~~~'·-~-=.r.11• (If you need more space for comments please attach a separate sheet of paper.)

For assistanre with your:~=~:~o~:t:::::;::~atters please calt 861-7801. : )1 Community Devetopment l:-:::i,,. '·'" Land Management Division ~ 350 East Dahlia Avenue Palmer, Alaska 99645 Matanuska.•Susitna Borough

MAY 1 ; 2019

. .., *This public notice & request for comments is in compliance with MSB Code 23.05.025 1/l/ /I Ji 111 iiii i//i, j. i' i1 ·:·. '::i~EA§ij:i!~L~~~9i0N BOTfiOM,~~Qi nHllfJ. Olf.§f A.f'f1fi',i, l'ijj , iiJ 1ij Ii, jjJj i j11 iJJ,

1 d11Ji·l'111ld,iii1 ;; .. ...



33 56518B01L019 COWAN JAS R & JANE A 8380 MAJESTIC DR ANCHORAGE, AK 99504-4705 FIRST CLASS

PUBLIC NOTICE -------------------------------------------------------------------------------------------------------------------·------------------

Type: Reclassification & Sale (MSB007476) Tax ID: 19N05W13C002 -~,./1-t·:

The Matanuska-Susitna Borough (MS~). Land & Resource Management Division, received an application from MSB agricultural rights farm owner Tory Oie'ck' requesting Assembly approval to subdivide the 5-acre home/headquarters site from a 40-acre farm unit in order to purchase the "development rights" from MSB (original File No. MSB001235). The "development rights" are the rights to subdivide or use the surface of the land for residential, commercial or industrial uses, which are not a part of the farming enterprise conducted on the land. Assembly approval of this application is required prior to the subdivision and sale of the development rights for the 5-acres. The proposed classification is "Residential Land" for the 5-acre home site in order to release the agricultural program covenants and restrictions under former MSB Title 13 code. The remainder of the farm unit (35+/- acres) will remain under the original agricultural classification and the conditions and restrictions.

Supporting material is available for public inspection during normal business hours on the 2nd floor of the MatanuskaSusitna Borough building in the Land Management Division or visit the Public Notice Section on the borough's web page www.matsugov.us. Public comment is invited to comment on this request. For your comments to be considered, they must be received no later than 5:00 p.m. on June 7, 2019. Comments must be in writing, and they may be mailed or deliver them to the borough offices at the address indicated above. If you have questions about this request, call Tracy McDaniel at 861-7864 between 7:00-4:00 or you can send an e-mail to: [email protected] (PLEASE REFER TO MSB007462 WHEN rUBMITTI_NG COMMENTS).

Comment · '"- to ~ f Lt..= 1/\f-..$

MATANUSKA-SUSITNA BOROUGH Community Development

. _ ):.and Management Division Matanuska-Susitna Borouga50 East Dahlia Avenue

Palmer, Alaska 99645

MAY 1 ~ 2019

Received

•This public notice & request for comments is in compliance with MSB Code 23.05.025

,, .• . . ,.,...._ f.:,.:,t{~· • ·: \

·~ ......

PLEASE TAPE-q,.GSEf.}-ON BOTTOM ~!Rlf3Hi,)9Fj,!?jl/AIHfJi •II i, I ii II,,, 1,,1 l'ii111/1 /1i 1/i


r ' _,.

Exhibit F

conditions exist: 1. The application to purchase Borough land

is (a) by an owner of property contiguous on a side with the Borough land applied for and the purchase is necessary for the proper utilization of the owner's contiguous property; or (b) by an owner of a leasehold interest existing on or before December 31, 1981 in the Borough land; or(c) by a public utility for facilities serving the general public; or (d) for a beneficial new industry; or (e) for a particular, stated purpose in the best interests of the Borough, and the Assembly approves the sale with appropriate findings and conditions.

2. The land so sold shall not be used by the vendee, his heirs or assigns for any purpose other than that for which it has been classified by the Borough Assembly at time of sale or unless otherwise zoned subsequent to sale.

3. No such sale shall be made if the result of such sale were to hinder or prevent the utilization of a larger parcel of Borough land to its best advantage.

4. Such sale is to the best interest of the Borough.

5. The land was acquired from the State and is not subject to the provisions of AS 29.48.260(c).

B. Negotiated sales shall be subject to all other requirements and conditions applicable to sales under this chapter. (Ord. 84-34 § 34 (part), 1984)

13.30.110 Negotiated leases. A. The Borough Manager may, with the

approval of the Assembly by ordinance, negotiate a lease of Borough land under the following conditions:

1. The lease is for property the fair annual rental value of which is two thousand five hundred dollars or less for a term not exceeding ten years and an annual rental not less than eight percent of the appraised value; or

2. The lease is for a beneficial new industry, subject to the terms of this chapter; or

3. The lease is for a public purpose, to a governmental agency or not-for-profit corporation

13.30.110-13.30.120

formed for the purpose of carrying on the public service.

B. Leases approved under this section shall be subject to all other requirements and conditions applicable to leases under this chapter.

C. Leases for public purpose. Application for a lease for public purposes shall be made in the same manner as other applications and shall contain a plan for development and use of the property requested. The Assembly shall, in each case, determine that the proposed usage of Borough property is for a worthwhile public service, that there will be no discrimination in providing service, and that the usage is nonprofit. The Assembly may, from time to time, make such other requirements as it deems proper before the issuance of such leases. Failure to carry out such plan as submitted and agreed upon may result in revocation of the lease.

D. The annual rent on a lease for a public purpose to a governmental agency or a not-forprofit corporation formed for the purpo_~ _Qfg.r_.:_, '-. rying on a public service shall be~ unless otherwise provided by the Assembly in the ordinance authorizing the negotiation of the lease. (Ord. 87-73 § 2, 1987; Ord. 84-34 § 34 (part), 1984)

13.30.120 Agricultural lands. A. In addition to the requirements of this

chapter, the sale or lease oflands or an interest in land of the Borough classified as agricultural land

188a ( Macanuska.Susitna Borough 2-90)


shall meet the requirements of this section. B. Sale of Agricultural Land. Agricultural

classified Borough land, or rights in land. shall not be sold, or granted except for agricultural use.

C. Size of Parcels. Agricultural classified land, or rights in land, shall be offered for sale in acreages of not more than six hundred forty, nor less than forty. Smaller parcels which are isolated from other agricultural classified Borough property, but adjacent to other agricultural land in production may be classified and sold for agricultural purposes.

D. Purchase Limitation. No person, partnership or corporation may purchase more than six hundred forty acres of agricultural classified Borough land in the aggregate at any sale.

E. Sale Initiation. Agricultural classified land may be offered for sale in response to an application from a person or at the initiative of the Assembly. Applications for purchase shall be filed on forms prescribed by the Borough Manager and shall be accompanied by a nonrefundable ten-dollar filing fee.

F. Preference to Adjacent Farmer. A farmer/ owner of an existing farm adjacent to Borough agricultural classified land being offered for sale. who bids on the land. in the case of two or more bidders, shall be considered the successful bidder by meeting the previous highest bid. To exercise this preference the farmer shall have complied with all other requirements of the proposed sale. No preference shall be given if the existing farm has been subdivided into parcels smaller than forty acres regardless of whether any part thereof has been sold. No building site for a residence shall be allowed on the subject parcel purchased by preference.

G. Sale Conditions. The Assembly may establish other conditions of sale which are best designed to promote the agricultural use and development of the subject lands. The minimum

188-1

13.30.120

I ).la1anuska-Sus11n~ Borough I :-871


r . I .

~ -_/

price shall be established by the Assembly based on the appraisal modified by the agricultural use restriction. Other conditions of sale may include:

1. Principal payments only during the three years immediately following the date of sale may be deferred and paid over the remaining life of the contract in an amount equal to the cost incurred by the purchaser for developing land for agricultural and/or making agriculture-related improvements each year at least equal to the amount of each annual payment.

2. Upon application by the purchaser, the Assembly may by resolution allow deferment of payments for principal or interest in any amount upon a finding that extreme and unforeseen circumstances would render strict compliance with this chapter or the terms of sale impossible or a substantial hardship to the purchaser.

3. The Assembly may grant a release from the terms of the sale an amount of land sufficient for a fam1 residence and/or fann-related facilities, provided that the land is situated so as to conform to all planning, platting, subdivision and other regulations of the Borough. Such land shall then be sold and granted to the purchaser in fee simple at current full and true value for cash paid at the time of sale.

H. Rights in Land to be Sold. The following rights in agricultural classified land shall be sold: All rights except mineral rights and development rights. Development rights are the rights to subdivide or use the surface of the land for residential, commercial or industrial uses which are not a part of the farming enterprise conducted on the land. Any deed issued shall be subject to the condition that the real estate conveyed shall be utilized in accordance with the grantee's farm use plan and implementation schedule.

I. Subordination. The Assembly may by resolution subordinate the Borough's interest as seller, beneficiary under a deed of trust, or lessor to the lien of a State of Federal agricultural loan affecting the property where:

189

13.30.130

1. The lending agency, because of statute or regulation of the State of Alaska or United States, is unable to loan the amount requested without a subordination;

2. The Borough Assembly finds that the lands are appropriate for agricultural development and that the prospect of its development for agricultural uses within a reasonable time will be substantially reduced if there is no subordination;

3. The moneys loaned will be used for the improvement of the land for fann purposes or the development and operation of the land as a fann and not for other purposes;

4. Under the loan agreement between the borrower and the lending agency there is reasonable assurance that the loan moneys, as applied, will actually be applied to the enhancement of the property for farm purposes, thereby increasing the value of the farm and the security for the loan.

J. Leases. The Assembly, in order to make land available for agriculture, may, without public auction or sealed bids, lease agriculturally classified land through negotiation, to a person, group or corporation who agrees to operate a farming or agricultural enterprise. In any such case, the Assembly shall hold a public hearing on the proposed lease. Requirements of this chapter shall be met for a beneficial new industry. (Ord. 84-34 §34 (part), 1984)

13.30.130 Timber sales. A. Approval. The Manager shall

identify timber for sale on classified or unclassified lands and make this information available to the Borough Assembly, with his recommendations as to timber which should be offered for sale, and the terms of sale. Timber sales shall be approved by the Assembly by resolution.

B. Limitations and Conditions of Sale. The Borough Assembly, upon recommendation of the Planning Conunission and the Borough Manager, may determine the timber to be sold, and the limitations, conditions and terms of sale. The limitations, conditions and terms shall

( Matanuska-Susitna Borough I0-90)


MATANUSKA-SUSITNA BOROUGH AGRICULTURE ADVISORY BOARD

RESOLUTION NO. 19-05

A RESOLUTION OF THE MATANUSKA-SUSITNA BOROUGH AGRICULTURE ADVISORY BOARD RECOMMENDING THE MATANUSKA-SUSITNA BOROUGH ASSEMBLY BY ORDINANCE THE CLASSIFICATION OF A 5-ACRE HOME SITE WITHIN A PORTION OF THE NORTHWEST 1/4 SOUTHWEST 1/4, SECTION 13, TOWNSHIP 19 NORTH, RANGE 5 WEST, SEWARD MERIDIAN, AS "RESIDENTIAL" LANDS TO FACILITATE THE FEE ESTATE PURCHASE OF THE HOME SITE AS PROVIDED TO OWNERS OF AGRICULTURAL LAND SALES AUTHORIZED UNDER FORMER TITLE 13 AND ASSEMBLY ORDINANCE SERIAL NUMBER 86-78.

WHEREAS, the Agriculture Advisory Board was enacted by

Matanuska-Susitna Borough Ordinance 15-050 to review issues

specifically related to and affecting borough agriculture lands,

and advise the Assembly and Manager on such matter; and

WHEREAS, the Matanuska-Susitna Borough Agriculture Advisory

Board has reviewed the Preliminary Best Interest Finding regarding

the agricultural rights owner's request to purchase the fee estate

of a 5 - acre parcels identified as the home site within a portion

of the Northwest 1/4 Southwest 1/4, Section 13, Township 19 North,

Range 5 West, Seward Meridian; and

WHEREAS, the agricultural rights programs authorized under

former MSB Title 13 and Assembly Ordinance Serial No. 86-78 allow

a farm unit owner to request approval from the assembly to

subdivide the 5-acres and make such a fee estate purchase of the

original home site; and

AAB Reso 19-05 Page 1 of 2

09/18/2019


WHEREAS, pursuant to the Land and Resource Management

Division Policy and Procedure Manual Part 20, MSB Title

23. 05 .100, and former MSB Title 13. 25. 060, the proposed 5-acre

home site requires classification proposed as "Residential" land

prior to conveying the borough's development rights to the farm

unit owner.


Borough Agriculture Advisory ·Board recommends the Matanuska

Susitna Borough Assembly adopts by ordinance the classification of

a 5-acre home site located within the Northwest 1/4 Southwest 1/4,

Section 13, Township 19 North, Range 5 West, Seward Meridian as

"Residential" lands in order to facilitate the purchase of the fee

estate of the home site under the 1982 Agricultural Land Sale

program, former MSB Title 13, and Assembly Ordinance Serial Number

86-78 .

ADOPTED by the Matanuska-Susitna Borough Agricultural ;;_,1

Advisory Board this 11th day of September 2019 .

ATTEST:

Jill Irsik, Department Administrative Specialist

AAB Reso 19-05 Page 2 of 2

09/18/2019


PUBLIC HEARING

QUASI-JUDICIAL

Resolution No. PC 19-20

Mikey’s Place Marijuana Cultivation Facility CUP

30353 N. Willow Fishhook Road

( - 186)

PUBLIC HEARING


STAFF REPORT


MATANUSKA-SUSITNA BOROUGH Planning and Land Use Department

Development Services Division 350 East Dahlia Avenue• Palmer, AK 99645 Phone (907) 861-7822 • Fax (907) 861-8158

www.matsugov.us

Date:

DEVELOPMENT SERVICES DIVISION STAFF REPORT

September 24, 2019

File Number:

Applicant:

Property Owner:

Request:

Location:

Reviewed By:

Staff:

Staff Recommendation:

EXECUTIVE SUMMARY

176020190005

Lance Wells on behalf of Mikey's Place, LLC

Hatcher Pass Remote Properties

Planning Commission Resolution 19-20

Conditional Use Permit for the operation of a marijuana cultivation facility in accordance with MSB Chapter 17.60-Conditional Uses

30353 N. Willow Fishhook Road, (Tax ID# 4944000T00B); within Township 19 North, Range 1 West, Section 2, Seward Meridian

Mark Whisenhunt, Planning Services Manager (Acting) / ~ Eileen Probasco, Planning & Land Use Director~ ~

Joseph Metzger, Planner n6J Approval with conditions

A conditional use permit application has been submitted for the operation of a marijuana cultivation facility. The proposed use is wholly contained in a metal structure that is approximately 6000 square feet in size, with approximately 600 square feet under cultivation initially.

MSB code 17 .60.030 requires a conditional use permit for the operation of marijuana cultivation facilities. Unless this type of use is maintained under and in accordance with a lawfully issued permit, a marijuana cultivation facility is declared to be a public nuisance. Operation of such a land use without a permit is prohibited.

Page 1 of9


LAND USE

Existing Land Use The subject parcel is approximately 30 acres and is part of a former gold claim. There are multiple structures on the property including a residential home, a steel structure that will house the proposed cultivation and several sheds and outbuildings. Access to the property is made from North Willow Fishhook onto a private, State permitted driveway. During the winter, access to the parcel can be limited as this section of North Willow Fishhook Road is typically closed from October-June.

Surrounding Land Uses The subject parcel is located in the Hatcher Pass Management Area and is remote and isolated. The closest business (Hatcher Pass Lodge) is located approximately 7 miles from the proposed use, while the closest residential structure is located nearly 9 miles away. The surrounding properties are not developed and are primarily used for recreation purposes and gold mining.

REVIEW OF APPLICABLE CRITERIA AND FINDINGS

MSB 17.03 - Public Notification On July 24, 2019 notices were mailed to all property owners within a 26,000-foot radius of the property. A total of 7 notices were mailed. A public notice pertaining to this request was published in the July 26, 2019 issue of the Frontiersman. A public notice with the application material was posted on the Borough website for public review on July 25, 2019. The proposed use is situated in the Willow Community Council boundary, and a notice was sent and emailed to the Council.

On August 19, 2019 the regularly scheduled Planning Commission Meeting was canceled due to a lack of quorum. The proposed use was scheduled to be introduced into the record during this meeting and subsequently because it was not, the public notice requests needed to be resent to reflect the new public hearing date.

On August 28, 2019 notices were mailed to all property owners within a 26,000-foot radius of the property. A total of 7 notices were mailed. A public notice pertaining to this request was published in the August 30, 2019 issue of the Frontiersman. The public notice with the application material was updated on the Borough website for public review on August 29, 2019. The proposed use is situated in the Willow Community Council boundary and a notice was sent and emailed to the Council. Staff received 3 comments from the public, 1 of which is opposed to the use. The concerns in general are:

• Marijuana Cultivation is not consistent with mining and recreation uses in area • Concern access to trails may be impacted

Section 17.60.100 General Standards (A) A conditional use may be approved only if it meets with the requirements of this section in addition to any other standards required by this chapter: (B) In granting a conditional use permit, the planning commission must make the following findings:

(I) the conditional use will preserve or not detract from the value, character, and integrity of the surrounding area;

Page 2 of9


Findings of Fact: 1. The proposed use is wholly contained within a commercial steel structure.

2. The proposed use is accessed from North Willow Fishhook onto an existing permitted private driveway.

3. The subject structure is assessed as commercial and has historically been used as such to support mining activities.

4. The area is remote and the surrounding properties are not developed and are primarily used for recreation purposes and gold mining.

5. The closest residential structure is located approximately nine road miles from the proposed use.

6. The closest business is located approximately seven road miles from the proposed use.

7. According to the application material, the proposed use is set back 392 feet from the north lot line, 1191 feet to the entrance gate near the east lot line, 107 feet from the south lot line, and 686 to the west lot line.

8. The subject parcel is approximately 30 acres and there are multiple structures on the property including a residential home, a steel structure that will house the proposed cultivation and several sheds and outbuildings.

9. The facility will not be open to the public.

10. The application material indicates there will not be any business signs associated with the use.

Conclusion of Law: Based on the above findings, and with conditions, the proposed use will not detract from the value, character, and integrity of the surrounding area (MSB 17.60.l00(B)(l)).

(2) that granting the conditional use permit will not be harmful to the public health, safety, convenience, and welfare;

Findings of Fact: 1. The closest school (Colony school site) is approximately 12 miles away from the proposed

use.

2. The .proposed use is accessed from North Willow Fishhook onto an existing permitted private driveway.

3. Persons under the age of 21 are prohibited from entering the premises of the proposed use.

4. According to the application material, loitering will not be allowed.

5. According to the application material, the proposed use has a robust security plan in place, which includes education of employees on all security measures.

6. According to the security plan, a combination of cameras, motion detectors, alarms, and lighting will be used to secure the site and monitor all activities at the facility.

7. The State of Alaska Fire Marshal has issued Plan Review Certificate #2018Anch1924, approving the renovation and remodeling of the proposed use.

8. The commercial structure is in full compliance with the applicable State of Alaska fire code.

Page 3 of9


9. After proper notification to the State of Alaska Alcohol & Marijuana Control Office all marijuana products deemed unusable will be mixed with compostable waste, stored in a secure waste storage area in dumpsters, and disposed of at the landfill.

Conclusion of Law: Based on the above fi~dings, and with conditions, the proposed use will not be harmful to the public health, safety, convenience, and welfare (MSB 17 .60.1 0O(B)(2)).

(3) that sufficient setback, lot area, buffers, or other safeguards are being provided to meet the conditions listed in subsections (BJ(]) through (3) of this section; and

Findings of Fact: 1. According to the application material, the proposed use is set back 392 feet from the north

lot line, 1191 feet to the entrance gate near the east lot line, 107 feet from the south lot line, and 686 to the west lot line.


3. The closest school (Colony school site) is approximately 12 miles away from the proposed use.



6. According to the application material, the proposed use has a diversion prevention plan in place to prevent the potential for marijuana to be diverted to an unregulated market.




Conclusion of Law: Based on the above findings, sufficient setbacks, lot area, buffers or other safeguards are being provided (MSB 17.60.100(B)(3)).

(4) the conditional use fulfills all other requirements of this chapter pertaining to the conditional use in this section.

Finding of Fact: 1. All of the required site plans and operational information have been provided by the

applicant.

Conclusion of Law: The application material meets all of the requirements of this chapter (MSB 17.60.100(B)(4)).

Page 4 of9


Section 17.60.150 General Standards for Mariiuana Related Facilities (A) In addition to the standards set forth by MSB 17. 60.100, the planning commission shall weigh factors which contribute or detract from the development of a safe, convenient, and attractive community, including, but not limited to:

(I) any potential negative effect upon other properties in the area due to such factors as noise and odor.



3. There are no outdoor processes associated with the proposed use.

4. There is no industrial equipment or processes that generate noise or dust associated with the proposed use.



7. The closest residential structure is located approximately nine road miles from the proposed use

8. The facility will be fitted with charcoal canister filters to remove marijuana odors.


Conclusion of Law: Based on the above findings, the proposed use will not negatively affect other properties due to factors such as noise and odor (MSB 17.60.150(A)(l)).

(2) the effectiveness of measures to reduce negative effects upon adjacent properties by: (a) increased property line and right-of-way buffers; (b) planted berms and landscaping; (c) site and building design features which contribute to the character of the surrounding area.

Findings of Fact: 1. According to the application material, the proposed use is set back 392 feet from the north




Page 5 of9


4. The State of Alaska Fire Marshal has issued Plan Review Certificate #2018Anch1924, approving the renovation and remodeling of the proposed use.


Conclusion of Law: Based on the above findings, and with conditions, measures are in place to reduce negative affects upon adjacent properties (MSB 17.60.150(A)(2)(a-c)).

(3) whether the use is compatible with the character of the surrounding area.






6. The facility will not be open to the public.

7. There is no industrial equipment or processes that generate noise or dust associated with the proposed use.



Conclusion of Law: Based on the above findings, and with conditions, the proposed use is compatible with the character of the surrounding area (MSB 17.60.150(A)(3)).

(B) At the time of their establishment, marijuana related conditional uses shall meet the following requirements and not be located within:

(1) One thousand feet of school grounds;

(C) Separation distances referenced in subsection (B) of this section are measured in a direct line between the closest point of the facility within which the marijuana facility is located, and the closest point on the lot or parcel of land upon which any of the above itemized uses are located.

Finding of Fact: 1. The closest school (Colony school site) is approximately 12 miles away from the proposed

use.

Page 6 of9


Conclusion of Law: Based on the above finding, the proposed use is more than 1,000 feet away from any school grounds (MSB l 7.60.150(B)(l)).

(D) Prior to final approval of the permit the applicant shall provide written documentation demonstrating that:

(1) all applicable licenses have been obtained as required by 3 AAC 306.005.

Findings of Fact: 1. Mikey's Place, LLC has received delegated approval from the State Marijuana Control

Board for marijuana cultivation license #19204, in accordance with 3 AAC 306.005.

2. Written documentation showing delegated approval from the State Marijuana Control Board for marijuana cultivation license #19204 has been provided.

Conclusion of Law: Based on the above findings, the applicant has provided written documentation demonstrating all applicable licenses pertaining to 3 AAC 306.005 have been obtained (MSB l 7.60.150(D)(l)).

(2) from the fire marshal having jurisdiction, that the proposed conditional use is in full compliance with applicable fire code, including but not limited to AS 18. 70.010 through 18. 70.160, Fire Protection, and 13 AAC 50.025 through 50.080, Fire Code.

Findings of Fact: 1. The State of Alaska Fire Marshal has issued Plan Review Certificate #20 l 8Anchl 924,

approving the renovation and remodeling of the proposed use.

2. A copy of approved Plan Review Certificate #2018Anch1924 has been provided.

Conclusion of Law: Based on the above findings, the applicant has provided documentation showing the proposed use is in full compliance with all applicable fire code (MSB 17.60.150(D)(2)).

Section 17.60.160 Standards for Mariiuana Cultivation Facilities (A) Wastewater and waste material disposal plan. A wastewater and waste material disposal plan shall be submitted which demonstrates that wastewater and waste material associated with the cultivation facility is disposed of in compliance with the Alaska State Department of Environmental Conservation.

Findings of Fact: 1. After proper notification to the State of Alaska Alcohol & Marijuana Control Office all

marijuana products deemed unusable will be mixed with compostable waste, stored in a secure waste storage area in dumpsters, and disposed of at the landfill.

2. According to the application material, there will be catchment containers placed under all plants so no run off water will occur. Any excess water will be reabsorbed back into the marijuana plants directly or will dissipate by evaporation.

Page 7 of9


Conclusion of Law: Based on the above findings, the wastewater and waste material disposal plan demonstrates compliance with the Alaska State Department of Environmental Conservation (MSB 17.60.160(A)).

(BJ Odor mitigation and ventilation plan. The applicant shall provide an odor mitigation plan detailing the effective mitigation of any odors of the proposed uses. Such plan shall demonstrate that the design for the purification of air prevents odors from materially impacting adjoining properties.




4. The facility will be fitted with charcoal canister filters to remove marijuana odors.

Conclusion of Law: Based on the above findings, the odor mitigation plan demonstrates mitigation measures will prevent odors from materially impacting adjoining properties (MSB 17.60.160(B)).

(C) Hazardous chemicals. Storage and disposal of fertilizers, pesticides, herbicides, and any other hazardous chemicals associated with the cultivation of marijuana shall comply with all local, state, and federal laws.

Findings of Fact: 1. According to the application material, no hazardous pesticides, herbicides, or fungicides

will be used.

2. According to the application material, fertilizers will be stored behind a locked door in designated cabinets and will be stored so as to comply with all federal , state, and local laws and per the manufacturers recommendations.

Conclusion of Law: Based on the above findings , storage of nutrients and cleaners will comply with all local, state, and federal laws (MSB 17.60.160(C)).

(D) Security. The applicant shall provide a security plan. The plan shall include, but not be limited to, education for employees on security measures.

Findings of Fact: 1. According to the application material, the proposed use has a robust security plan in place,

which includes education of employees on all security measures.


Page 8 of9


Conclusion of Law: Based on the above findings, a security plan which includes education for employees on security measures has been provided (MSB l 7.60.160(D)).

(E) Marijuana cultivation facilities shall be set back 5 0 feet from public rights-of-way, and 100 feet from side or rear lot lines.

Finding of Fact: 1. According to the application material, the proposed use is set back 392 feet from the north


Conclusion of Law: Based on the above finding, the proposed use meets the set back requirements for marijuana cultivation facilities (MSB 17.60.160(E)).

STAFF RECOMMENDATIONS

Staff recommends approval of the conditional use permit to operate a marijuana cultivation facility, at 30353 N. Willow Fishhook Road (Tax ID# 4944000T00B). The proposed use meets all of the standards in MSB 17.60.100, 17.60.150, and 17.60.160. Staff recommends approval of this permit with the following conditions:

1. The operation shall comply with all applicable state and local regulations.

2. All aspects of the operation shall comply with the description detailed in the application material and with the conditions of this permit. An amendment to the Conditional Use Permit shall be required prior to any expansion of the conditional use.

3. Borough staff shall be permitted to enter premises subject to this permit to monitor compliance with permit requirements. Such access will at minimum, be allowed on demand when activity is occurring, and/or with prior verbal or written notice, and/or at other times as necessary to monitor compliance. Denial of access to Borough staff shall be a violation of this Conditional Use Permit.

If the Planning Commission chooses to deny this permit, findings for denial must be prepared by the Commission.

Page 9 of9


PHOTO'S TAKEN BY MSB STAFF JOE

METZGER, DURING A SEPTEMBER 17,

2019 SITE VISIT


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Frontiersman Growing with the Valley since 1947.

5751 E. MAYFLOWER CT. Wasilla, AK 99654

ACCOUNTS PAYABLE RECEIVED

AUG O 8 2019

AFFIDAVIT OF PUBLICATION

(907) 352-2264 ph (907) 352-2277 fax

UNITED STATES OF AMERICA, STATE OF ALASKA, THIRD DIVISION

BEFORE ME, THE UNDERSIGNED, A NOTARY PUBLIC, THIS DAY

PERSONALLY APPEARED BEFORE JULLIE ZOOK WHO, BEING

FIRST DULY SWORN, ACCORDING TO LAW, SAYS THAT SHE IS THE

LEGAL AD CLERK OF THE FRONTIERSMAN

PUBLISHED AT WASILLA AND CIRCULATED THROUGH OUT MATANUSKA SUSITNA

BOROUGH, IN SAID DIVISION THREE AND STATE OF ALASKA

AND THAT THE ADVERTISEMENT, OF WHICH THE ANNEXED IS A TRUE

COPY, WAS PUBLISHED ON THE FOLLOWING DAYS:

JULY 26, 2019

AND THAT THE RATE CHARGED THEREIN IS NOT IN EXCESS OF

THE RATE CHARGED PRIVATE INDIVIDUALS.

MATANUSKA SUSITNA BOROUGH PAGE ACCOUNT NUMBER 405249


PUBLIC HEARING The Matanuska-Susitna Borough Planning Commission will conduct a public hearing concerning the following application fcir a conditional use permit on Monday, Segtember 16. 2019, at 6:00 p.m. in the Borough Assembly Chambers located at 350 E. Dahlia Avenue in Palmer. You are invited to attend. An application for a conditional use permit under MSB 17 .60 - Conditional Uses; has been

~!:W!L. __ _L..,..-.~~~l.::.-"---_!--_j"~36!..j submitted by Lance Wells, on behalf of Mikey's 2 1 Place, LLC for the operation of a marijuana

cultivation facility at 30353.N. Willow Fishhook Road, (Tax ID# 4944000TOOB); within Township 19 North, Range 01 West, Section 02, Seward

4944000TOOB

Meridian. · The Planning Commission members may submit questions to the Planning Commission Clerk concerning the matter or request for more informatiqn from the applicant at the time of introduction. All questions and requests submitted by the Commission shall be in writing and copies will be provided to the applicant and made available to all interested pa_rties and the public upon request. Answers to questions and additional material requests will be addressed in

the staff report for the public hearing. Planning Commission members may not receive or engage in ex-parte. contact with the applicant, other interested parties in the application, or members cit the public-concerning the application or is·sues presented in the application. · Application materials may be viewed online at www.matsugov.us by clicking on "All Public Notices & Anl)ouncements." Application material may also be reviewed at the Borough Permit Center. For additional information, you may contact Joseph Metzger; Planner II, at 861-7862. Written comments can be mailed to: MSB Development Services Division, 350 E. Dahlia Avenue, Palmer, AK 99645. You may fax comments to 861-8158 or e-mail comments to [email protected]. In order to be eligible to file an appeal from a decision of the Planning Commission, a person must be designated an "interested party". See MSB 15.39.010 for _the definition of ,"interested party". The procedures governing appeals to th~ Board of Adjustment.and Appeals are contained in MSB 15.39.010-250, which is availl!ble on the Borough home page; www.matsugov.us, in the Borough Clerk's office, and at various libraries within the borough. Comments are due on or before August 19. 2019 and will be inclu<;fed in the Planning_Commfssiob packet for the Commissioner's review and information. Please be advised that co·mments received from the public after that date will not be included in ·the staff report to the Planning Commission.

Publish: July 26, 2019


•• UNITEDSTllTES POST.IJL SERVICE@ Certificate of Bulk Mailing - Domestic

Fee for Certificate

Up to 1,000 pieces (1 certlflcala for total number)

For each additional 1,000 pieces, or fraction thereof

Use Current

Price List (Notice 123)

Postage: Mailers must affix meter, PC Postage· • or (uncanceled) postage stamps here fn ortotal fee due.

Ac:ceptance employee must cancel posb affixed (by round-date) at the tlme of mal1mg.

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PS Form 3606-0, January2016 PSN 7530-17-000-5548 See Reverse for Instructions


4U05549000L02

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CUSACK MICHAEL L TRE

% MICHAEL L CUSACK SR

200 W 34TH AVE #100

ANCHORAGE AK 99503 54944000TOOB 4

1

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PO BOX 369

WILLOW AK 99688

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DELAND MICHAEL W & JAN L

2303 E 49TH CT

ANCHORAGE, AK 99507-1373

4U05549000L01

INGAK LLC

PO BOX 12848

5

GAINSVILLE FL 32604-2848

4U05548000L03 3

DEVALLJERRY

PO BOX 640

WHITEFISH MT 59937-0640

4U05548000L02 6 NAUMANN MICHAEL THOS

13927 W SIMON ST

WASILLA AK 99623-2000

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..:t+=' lAJ i l law ~ ~ IYU.-u-w~ EovLf'-c i t=b Box l0d--t u.).\LGW,0-K q°tb,~


Matanuska-Susitna Borough Development Services Division 350 E. Dahlia Avenue Palmer, Alaska 99645

tara0609 6 7/24/2019 2:05:00 PM The Planning Commission of the Matanuska-Susitna Borough will consider the following: Application: Conditional Use Permit for a Marijuana Cultivation Facility MSB Code Section: MSB 17.60- Conditional Uses Applicant: Lance Wells on behalf of Mikey's Place, LLC Location: 30353 N. Willow Fishhook Road, (Tax ID# 4944000T00B)

within Township 19 North, Range 1 West, Section 02, Seward Meridian Request: An application for a conditional use permit under MSB 17.60 - Conditional Uses, has been

submitted for the operation of a marijuana cultivation facility.

The Planning Commission will conduct a public hearing concerning the following application for a conditional use permit on Monday, September 16, 2019 at 6:00 p.m. in the Borough Assembly Chambers, 350 E. Dahlia Avenue, in Palmer. This may be the only presentation of this item before the Planning Commission and you are invited to attend. The Planning Commission members may submit questions to the Planning Commission Clerk concerning the matter or request more information from the applicant at the time of introduction. All questions and requests submitted by the Commission shall be in writing and copies will be provided to the applicant and made available to all interested parties and the public upon request. Answers to questions and additional material requests will be addressed in the staff report for the public hearing. Commission members may not receive or engage in ex-parte contact with the applicant, other interested parties in the application, or members of the public concerning the application or issues presented in the application.

Application materials may be viewed online at ,vww.matsugov.us by clicking on "All Public Notices & Announcements." Application material is also available for review at the Borough Permit Center. For additional information, you may contact Joe Metzger, Planner II, at 861-7862. Written comments can be mailed to the MSB Development Services Division, 350 E. Dahlia Avenue, Palmer, AK 99645. You may e-mail comments to [email protected]. In order to be eligible to file an appeal from a decision of the Planning Commission, a person must be designated as an "interested party." See MSB 15.39.010 for definition of "interested party." The procedures governing appeals to the Board of Adjustment and Appeals are contained in MSB 15.39.010-250, which is available on the Borough home page: www.matsugov.us, in the Borough Clerk's office, or at various libraries within the borough.

Comments are due on or before August 19, 2019 and will be included in the Planning Commission packet for the Commissioner's review and information. Please be advised that comments received from the public after that date will not be included in the staff report to the Planning Commission.

Name: ________________ Mailing Address: __________________ _

Location/legal Description of your property: -------------------------------Comments: _________________________________________ _


4U05549000L02

BL CTR



200 W 34TH AVE #100

ANCHORAGE AK 99503 54944000TOOB

1

4

HATCHER PASS REMOTE PROP LLC

PO BOX 369

WILLOW AK 99688

tara0609

6 7/24/2019 2:05:00 PM

4U05548000L01 2 DELAND MICHAEL W & JAN L

2303 E 49TH CT


4U05549000L01

INGAK LLC

PO BOX 12848

5


4U05548000L03

DEVALLJERRY

PO BOX 640

3



13927 W SIMON ST



Properties Included In The Recordset

Owner Name & Address

DELAND MICHAEL W & JAN L 2303 E 49TH CT ANCHORAGE, AK 99507-1373

NAUMANN MICHAEL THOS 13927 W SIMON ST WASILLA AK 99623-2000

DEVALL JERRY PO BOX 640 WHITEFISH MT 59937-0640

INGAKLLC PO BOX 12848 GAINSVILLE FL 32604-2848

BL CTR CUSACK MICHAEL L TRE % MICHAEL L CUSACK SR 200 W 34TH AVE #100 ANCHORAGE AK 99503

HATCHERPASSREMOTEPROPLLC POBOX369 WILLOW AK 99688

Report Total 6

Page Total V85 .000

6

Matanuska Susitna Borough

Owner Listing

As Of Date Tax Map Number - --

1/1/2000 4U05548000L0 1 Location 3655 W WILLOW FISHHOOK RD

1/1/2004 4U05548000L02 Location 3621 W WILLOW FISHHOOK RD




9/21/2018 54944000T00B

7/24/2019 2:04:29 PM

Page

Location 30353 N WILLOW FISHHOOK RD

\\camaapp\govem\Reports\pcownlst.rpt


Frontiersman Growing with the Valley since 1947.

5751 E. MAYFLOWER CT. Wasilla, AK 99654

ACCOUNiS PAYABLE RECEIVED

SEP O 9 2019

AFFIDAVIT OF PUBLICATION

(907) 352-2264 ph (907) 352-2277 fax

UNITED STATES OF AMERICA, STATE OF ALASKA, THIRD DIVISION

BEFORE ME, THE UNDERSIGNED, A NOTARY PUBLIC, THIS DAY

PERSONALLY APPEARED BEFORE JULLIE ZOOK WHO, BEING

FIRST DULY SWORN, ACCORDING TO LAW, SAYS THAT SHE IS THE

LEGAL AD CLERK OF THE FRONTIERSMAN

PUBLISHED AT WASILLA AND CIRCULATED THROUGH OUT MATANUSKA SUSITNA

BOROUGH, IN SAID DIVISION THREE AND STATE OF ALASKA

AND THAT THE ADVERTISEMENT, OF WHICH THE ANNEXED IS A TRUE

COPY, WAS PUBLISHED ON THE FOLLOWING DAYS:

AUGUST 30, 2019

AND THAT THE RATE CHARGED THEREIN IS NOT IN EXCESS OF

THE RATE CHARGED PRIVATE INDIVIDUALS.

MATANUSKA SUSITNA BOROUGH PAGE ACCOUNT NUMBER 405249

NotaryPubAlc u;.ioSAYMAY

St~e of AIB9 ·My ~~ i,;°)(piw..s Jan. 16, 2020


PUBLIC HEARING The Matanuska-Susitna Borough Planning Commission will conduct a public hearing concerning the following application for a conditional use permit on Monday, October 7,

·2019*, at 6:00 p.m. in the Borough Assembly Chambers located at 350. E. Dahlia Avenue in Palmer. You are in~ited to attend.

,1.M--,,--...,--:.-~~-'3"iisif.3F-ts *The date of the ·P.ublic Hearing for this request 2 1 has been changed from September 16, ·2019 to

October?, 2019. The public comment p'eriod has been extended until September 6, 2019. An application for a conditional use permit under.MSB 17.60 - Conditional Uses, has been submitted by Lance Wells, on behalf of Mikey's Place, LLC for the operation of a marijuana cultivation facility at 30353 N. Willow Fishhook Road, (Tax ID# 4944000T00B); within Township 19 North, Range 01 West, Section 02, Se~ard Meridian. The Planning Commission members may

_ ff,llowc,.,,. submit questions to the Planning · Commission L'========!__ ___ .....:..;:.__.._..::.__-"-..:...;:.,.1_.J Clerk concerning the matter or request for more information from the applicant at the time of introduction. All questions and requests submitted by the Commission shall be in writing and copies will be provided to the applicant and made available to all interestea parties and the puplic upon request. Answers to questions and additional material requests will be addressed in the staff report for the public hearing, Planning Commission members may not receive or engage in ex-parte contact with the applicant, other interested parties in the application, or members· of the public concerning the application or issues presented in the application. · · Application materials may be viewed online at www.matsugov.us by clicking on "All Public Notices & Announcements." Application material may_ also be reviewed at the Borough Permit Center. For additional information, you may contact Joseph Metzger, Planner 11, at 861-7862. . Written comments can be mailed to: MSB Development Services Division, 350 E. Dahlia Av.enue, Palmer, AK 99645. E-mail comments to ·[email protected]. In order to be eligible to file an appeal from -a decision of.the Planning Commission, a person must be designated an "interested party". See MSB 15.39.010 for the definition of "interested party". The procedures· governing appeals to the Board of Adjustment and Appeals are contained in MSB 15.39.010-250, which is available on the Borough home page: www.matsugov. us, in the Borough Clerk's office, and at various libraries within the borough. · Comments are due on or before September 6, 2019 and will be included in the Pianning Commission packet for the Commissioner's review and information. Please be advised that comments received from the public after that date will not be included in the staffreport to the Planning ·commission . .

Publish: August 30, 2019 8-27-19


~ UNITEDSTIJTES U POSTJJLSERVICE® Certificate of Bulk Mailing - Domestic Fee for Certificate

Up to 1,000 pieces (1 certlflcala for total number)

For each additional 1,000 places. or fraction thereof

Use Current

Price List (Notice 123)

Postage: Mailers muat affix meter. PC Postage,, • or (uncanceled) postage stamps here in payment ortotal fee due.

Acceptance employee must cancel postage affixed (by round-date) at the time c,f memng.

~~-~-~~-,--~~----.,~-,------1------' If payment of total fee due is being Number of Class of Mall Postage for Number of paid by Pennit lmprintJ fnelude the

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1!!±:-~;e-7 (Pomnaster or Deslgnee)

PS Fonn 3606-0, January2018 PSN 75.30-17-000-6548

U.S. POSTAGE)) PITNEY BOWES

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200 W 34TH AVE #100

ANCHORAGE AK 99503

54944000TOOB 4 HATCHER PASS REMOTE PROP LLC

PO BOX 369

WILLOW AK 99688

tara0609

/1 7/24/2019 2:05:00 PM

4U05548000L01 2

DELAND MICHAEL W & JAN L

2303 E 49TH CT


4U05549000L01

INGAK LLC

PO BOX 12848

5


4U05548000L03

DEVALLJERRY

PO BOX 640

3



13927 W SIMON ST


WILLOW AREA COMMUNITY COUNCIL PO BOX 1027 WILLOW, AK 99688

#7


Matanuska-Susitna Borough Development Services Division 350 E. Dahlia Avenue Palmer, Alaska 99645

«NAME» «ADDRESS 1» «ADDRESS_2» «ADDRESS_3»

The Planning Commission of the Matanuska-Susitna Borough will consider the following: Application: Conditional Use Permit for a Marijuana Cultivation Facility MSB Code Section: MSB 17.60-Conditional Uses Applicant: Lance Wells on behalf of Mikey's Place, LLC Location: 30353 N. Willow Fishhook Road, (Tax ID# 4944000T00B)



The Planning Commission will conduct a public hearing concerning the following application for a conditional use permit on *Monday, October 7, 2019 at 6:00 p.m. in the Borough Assembly Chambers, 350 E. Dahlia Avenue, in Palmer. This may be the only presentation of this item before the Planning Commission and you are invited to attend. The Planning Commission members may submit questions to the Planning Commission Clerk concerning the matter or request more information from the applicant at the time of introduction. All questions and requests submitted by the Commission shall be in writing and copies will be provided to the applicant and made available to all interested parties and the public upon request. Answers to questions and additional material requests will be addressed in the staff report for the public hearing. Commission members may not receive or engage in ex-parte contact with the applicant, other interested parties in the application, or members of the public concerning the application or issues presented in the application.

*The date of the Public Hearing for this request has been changed from September 16, 2019 to October 7, 2019. The public comment period has been extended until September 6, 2019.

Application materials may be viewed online at www.matsugov.us by clicking on "All Public Notices & Announcements." Application material is also available for review at the Borough Permit Center. For additional information, you may contact Joe Metzger, Planner II, at 861-7862. Written comments can be mailed to the MSB Development Services Division, 350 E. Dahlia Avenue, Palmer, AK 99645. You may e-mail comments to [email protected]. In order to be eligible to file an appeal from a decision of the Planning Commission, a person must be designated as an "interested party." See MSB 15.39.010 for definition of "interested party." The procedures governing appeals to the Board of Adjustment and Appeals are contained in MSB 15.39.010-250, which is available on the Borough home page: www.matsugov.us, in the Borough Clerk's office, or at various libraries within the borough.

Comments are due on or before September 6, 2019 and will be included in the Planning Commission packet for the Commissioner's review and information. Please be advised that comments received from the public after that date will not be included in the staff report to the Planning Commission.

Name: _________________ Mailing Address: ___________________ _

Location/Legal Description of your property: ___________________________ _

Comments: ___________________________________________ _

Note: Vicinity Map Located on Reverse Side


TAYLOR CLAIM

LUCKY SHOT LODE CLAIM N0.2


ASLS 98-45

(4944) TRACT

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4944000TOOB

This map is solely for informational purposes only. The Borough makes no express or implied warranties with respect to the character, function, or capabilities of the map or the suitability of the map for any particular purpose beyond those originally intended by the Borough. For information regarding the full disclaimer and policies related to acceptable uses of this map, please contact the Matanuska-Susitna Borough GIS Division at 907-861-7801.

MSB Information Technology/GIS June 28, 2019

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CUSACK MICHAEL L TRE % MICHAEL L CUSACK SR 200 W 34TH AVE #100 ANCHORAGE AK 99503

54944000T00B 4 HATCHER PASS REMOTE PROP LLC PO BOX 369 WILLOW AK 99688

tara0609

JI 7 7/24/2019 2:05:00 PM

4U05548000L01 2 DELAND MICHAEL W & JAN L 2303 E 49TH CT ANCHORAGE, AK 99507-1373

4U05549000L01 INGAK LLC PO BOX 12848

5


4U05548000L03 DEVALL JERRY PO BOX 640

3


4U05548000L02 6 NAUMANN MICHAEL THOS 13927 W SIMON ST WASILLA AK 99623-2000

WILLOW AREA COMMUNITY COUNCIL #7 PO BOX 1027 WILLOW, AK 99688


Properties Included In The Recordset

Owner Name & Address

DELAND MICHAEL W & JAN L 2303 E 49TH CT ANCHORAGE, AK 99507-1373

NAUMANN MICHAEL THOS 13927 W SIMON ST WASILLA AK 99623-2000

DEV ALL JERRY PO BOX640 WHITEFISH MT 59937-0640

INGAKLLC PO BOX 12848 GAINSVILLE FL 32604-2848

BL CTR CUSACK MICHAEL L TRE % MICHAEL L CUSACK SR 200 W 34TH A VE #100 ANCHORAGE AK 99503

HATCHERPASSREMOTEPROPLLC POBOX369 WILLOW AK 99688

Report Total 6

Page Total V85.000

6

Matanuska Susitna Borough

Own~r Listing

As Of Date Tax Map Number






9/21/2018 54944000T00B

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Location 30353 N WILLOW FISHHOOK RD

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This map is solely for informational purposes only. The Borough makes no express or implied warranties with respect to the character, function , or capabilities of the map or the suitability of the map for any particular purpose beyond those originally intended by the Borough. For information regarding the full disclaimer and policies related to acceptable uses of this map, please contact the Matanuska-Susitna Borough GIS Division at 907-861-7801.

MSB Information Technology/GIS June 28, 2019

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- Project Title: Mikey's Place

Prepared for: Mikey's Place, LLC

Sheet Title: Unnamed

__ Address: 30353 N Willow-Fishhook Rd Alaska

JIU Determine DESIGN LLC AECL 1613

! if 903 W. NORTHERN LTS, BLVD# 206 [ f O ANCHORAGE, AK 99503 i ,i Office: (907)339-9100 • 1~ dan@detenninedesign .com

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APPLICATION MATERIAL



Development Services Division 350 East Dahlia Avenue• Palmer, AK 99645 R EC E Phone (907) 861-7822 • Fax (907) 861-8158 . / V ED

Email: permitcenter(a,matsugov.us jUf.• l v S 2019

CONDITIONAL USE PERMIT FOR MARIJUANA RELATED FACILITIES - MSB 17.60 PERMIT CENTER

Carefully read instructions and applicable borough code. Fill out forms completely. Attach information as needed. Incomplete applications will not be processed.

Application fee must be attached: __ $1,000 for Marijuana Retail Facility _x_ $1,000 for Marijuana Cultivation Facility

Prior to the public hearing. the applicant must also pay the mailing and advertising fees associated with the application. Applicants will be provided with a statement of advertising and mailing charges. Payment must be made prior to the application presentation before the Borough Planning Commission.

Required Attachments for a Marijuana Cultivation Facility: __x Wastewater and Waste Material Disposal Plan-17.60.160 (A) _x_ Odor Mitigation and Ventilation Plan- 17.60.160 (B) __!_ Hazardous Chemicals Information - 17.60.160 (C) __!_ Securityplan-17.60.160 (D)

Required Attachments for Both Retail and Cultivation Facilities: ~ Documentation demonstrating full compliance with applicable fire code - 17.60.150 (D) (2)

S b. T h. Sl9 NOi S . W02 'di SEWARD u ~ect Property: owns 1p: _ _ _, Range: __ _, ection: __ _, Men an: ______ _

MSB Tax ID# 54944000T00B

SUBDIVISION: ASLS 98-045 BLOCK(S): N/ A LOT(S):. __ N_l_A_ STREET ADDRESS: 30353 N. WILLOW FISHHOOK ROAD, #B

FACILITY I BUSINESS NAME: ~ M ......... TK.,...F..._Y._',._._S ..... P .... L .... A ..... C ..... E,~~------- - ----

Ownership: A written authorization by the owner must be attached for an agent or contact person, if the

owner is using one for the application. Is authorization attached? i:J.Yes D No • N/A

Name of Property Owner Name of Agent / Contact for application

HATCHER PASS REMOTE PROPERTIES, LLC. LANCE C. WELLS, ATTY.

Mailing: PO BOX 369

WILLOW, AK. 99688-0369

Phone: Hm 9077330511 Fax. __ N_/A __ _

Wk 9077330511 Cell. __ SAM _ _;_E __ _

E-mail __ se_u_b_an_k_s_@_e_x_ce_d_e_.n_e_t ____ _

Mailing: 733 W. 4TH AVENUE, SUITE 308

ANCHORAGE, AK. 99501

Phone: Hm. _ __ N_/_A_ Fax 9072779859

Wk 9072749696 Cell 9077271939

E-mail [email protected]

Revised 4/4/2017 Permit# ~OO)S"" Page 1 of3


Site Plan - Attach a detailed, to scale, site plan clearly showing the following Attached

information: Proposed and existing structure(s) on the site. Indicate which structure(s) will be used

for the proposed use . Dimensions and locations of an existing and proposed structures YES on the site in relationship to all property lines.

Signage - Existing and Proposed. YES Location and dimensions for all access points to and from the site to public rights-of-

YES way or public access easements.

Buffering - Fences, vegetation, topography, berms, and any landscaping YES Drainage YES Vehicular and pedestrian circulation patterns. YES Exterior site lighting. VFC

Location and dimensions of parking areas to be provided VPC Scale and north arrow using standard engineering intervals such as I"= 30', l" = SO' or

similar as required by project size. YES

Map - Attach a detailed, to scale, vicinity map clearly showing the following Attached

information: Identify all existing land uses within 1,000 feet. YES Scale and north arrow using standard engineering intervals such as I" = 30', I" = 50' or

YES simflar as required by project size.

In order to grant a conditional use permit under MSB 17.60, the Planning Commission must find that each of the following requirements have been met. Attached Explain the following in detail: Is the conditional use compatible with and will it preserve or not materially detract from

YES the value, character and integrity of the surrounding area?

Will the granting of the conditional use permit be harmful to the public health, safety,

convenience and welfare? YES

Are sufficient setbacks, lot area, buffers and other safeguards being provided?

Does the conditional use fulfiII all other requirements ofMSB Chapter 17.60 pertaining YES to the conditional use in this section?

Describe measures taken to prevent any potential negative effect upon other properties

in the area due to such factors as noise and odor. YES Describe measures taken to reduce negative effects upon adjacent properties by:

• Increased property line and right-of-way buffers

• Planted berms and landscaping YES

• Site and building design features which contribute to the character of the

surrounding area

Describe how this use is compatible with the character of the surrounding area. YES Current status of State License application process - 17 .60.150 (D) (1) YES

Revised 4/4/2017 Permit# --- Page 2 of3


17.60.170 Standards for Marijuana Retail Facilities: Attached -

Describe how the subject parcel is appropriate for the proposed conditional use. Include

information detailing:

• The proximity of the proposed use to existing businesses;

• The proximity of parcels developed with residential uses;

• Whether the roads associated with the proposed use have been, or will be, n/a

appropriate for commercial use; and

• Proposed hours of operations .

Provide information showing minimum parking standards have been met as required by MSB 17.60.170 (B) and (C). nla

Floor Plan for Marijuana Retail Facilities - Attach a detailed, to scale, floor plan Attached

clearly showing the following information: Dimensions of all structures. nla Interior floor plans (specific location of the use or uses to be made of the development). nla Net floor area square footage calculations. nla

OWNER'S STATEMENT: I am owner of the following property:

MSB Tax account #(s) 54944000T00B and, I hereby apply for approval of a conditional use pennit to operate a marijuana related facility on the property as described in this application.

I understand all activity must be conducted in compliance with all applicable standards ofMSB 17.60 and with all other applicable borough and state.

I understand that other rules such as local, state and federal regulations, covenants, plat notes, and deed restrictions may be applicable and other permits or authorization may be required. I understand that the borough may also impose conditions and safeguards designed to protect the public's health, safety and welfare and ensure the compatibility of the use with other adjacent uses.

I understand that it is my responsibility to identify and comply with all applicable rules and conditions, covenants, plat notes, and deed restrictions, including changes that may occur in such requirements.

I grant permission for borough staff members to enter onto the property as needed to process this application and monitor compliance. Such access will at a minimum, be allowed when the activity is occurring and, with prior notice, and at other times necessary to monitor compliance.

The information submitted in this application is accurate and complete to the best ofmy knowledge. HATCHER PASS REMOTE PROPERTIES, LLC.

I /2019

Date

NIA NIA NIA

Signature: Agent Printed Name Date

Revised 4/4/2017 Permit# ------- Page 3 of3


LANCE CHRISTIAN WELLS Law Offices of Lance Christian Wells, LLC.

733 W. 4th Avenue, Suite 308 Anchorage, AK. 99501

\-\-'WW .LanceCWells.com [email protected]

Phone 907-274-9696 Fax 907-277-9859

06/ 14/2019 HAND DELIVERY ONLY

Mr. Joseph Metzger, Planner II Matanuska-Susitna Borough Planning and Land use Department Development Services Division 350 East Dahlia Avenue Palmer, AK. 99645

RE: MIKEY'S PLACE, LLC. Standard Marijuana Cultivation Facility AMCO License Number 19204 Application for Conditional Use Permit for Marijuana

Dear Mr. Metzger:

REC EI V '=D JUN 1 3 2019

PERMIT CENTER

Attached please find my client's application and supporting documentation to apply for and ultimately receive its conditional use pennit for their standard maiijuana cultivation facility located at 30353 N. Willow Fishhook Road, Building B Willow, AK. 99688. The $1,000.00 fee is submitted herewith.

Should you have any questions or need additional infonnation, please do not hesitate to contact me at the above number or address. Thank you for your attention to this matter.

Enclosure

cc: Client Mikey's Place, LLC.


Matanuska-Susitna Borough Planning Commission Questions

I. Is the conditional use compatible ivith and will it preserve or not material(v detract.from the value, character and integrity of the surrounding area '!

Yes. A conditional use pen11it for Mikey's Place, LLC. , will preserve and not materially detract from the value or character of our sun-ouncling area. Mikey' s Place, LLC. , is located at Mile 23 of the N. Willow Fishhook Road (a former mining claim). We are located off N. Willow Fishhook Road with an entrance gate. The proposed building is set back 392 ' from the No 1th, 1191 ' to the East prope1ty gate, I 07' from the South property line and 686' to the West property line from the proposed location. The proposed location is in a very secluded setting. The nearest business (Hatcher Pass Lodge) is over seven miles away and the nearest residence is over nine miles away. The area surrounding the proposed location is mountainous, wooded and secluded. Local land owners are aware of the proposed activity and have no discrepancies of the business that will be conducted by Mikey's Place, LLC. , and no protests have been filed with AMCO to date. They are suJTmmded by thousands of acres of Alaskan wilderness. This building will be remodeled and renovated thus increasing its property and taxable value.

2. Will the granting of the conditional use permit be harn1fit! to the public health, sqfety, convenience and we(fare?

No, the granting of a conditional use pe1111it to Mikey's Place, LLC. , will only promote public safety by providing a safe and secure location for the legal cultivation of marijuana that is tested , regulated and taxed. This mmijuana will later be sold to licensed retail marijuana stores across Alaska and throughout the Matanuska-Susitna Borough. Mikey's Place, LLC. , proposed premises has a high-quality security system along with a detailed security plan as well as a waste management plan, loitering prevention plan, diversion prevention p'lan as well as underage minor control plan. Onsite consumption will not be allowed and no one under the age of 21 will be allowed to enter the premises or be upon the property.

3. Are s11fficient setbacks, lot area, bl!ffers and other safeguards being provided?

Yes, Setbacks and buffers are following regulation 17.60 of the Mat-Su Borough and Alaska Statues. Operating and security plans are in place to adequately provide safeguards. See also response to question 1 and 6 set fo1th above and below.

4. Does the conditional use .fu(fi/1 all other requirements of MSB Chapter 17.60 pertaining to the conditional use in this section ?

Yes, we fulfill all other requirements set out in MSB Chapter 17.60.

5. Describe measures taken to prevent to reduce any potential negative e.ffects upon adjacent properties in the area due to such factors as noise and odor.

2


Mikey's Place, LLC. , has taken measures for cannabis odor. We will maintain and keep all caimabis that is cultivated stored in a locked area and a safe and all areas including the cultivation areas will be odor controlled by way of charcoal canister type air filters/cleaners. We will also utilize ozone producing machines if it is necessary to further eliminate any additional odor that may be emitted and not "scrubbed" by our charcoal air filters . Mikey' s Place, LLC., does not foresee any outside odor that will be detectable from outside of the facility and will use wise discretion and add any additional odor elimination if deemed necessary. Lastly, this is not the type of business that makes any type of loud or obnoxious noises. Legal marijuana cultivation such as that engaged in by Mikey's Place, LLC., is a quiet activity. The area at all times will be kept in good working order, clean, neat and orderly with no accumulation of trash or debris. No marijuana will be visible to the public.

6. Describe measures taken to reduce negative e_ff'ects upon adjacent properties by: -Increased property line and right of way bi~ffers; -Planted berms and landscaping; -Site and building design.features which contribute to the character of the surrounding area. -Outside/Outdoor Lighting

Mikey' s Place, LLC. , is committed to maintaining a well-kept property with ample exterior lighting on all sides of the building (that does not shine on to any adjacent property and there are no neighbors for seven miles) to promote public safety and security. We are set back over 1191' from the public right of way on N. Willow Fishhook Road . On the east side of the acreage, it is covered with trees and vegetation. On the west, the proposed location is over 686' from the building to the adjacent lot line and has trees and vegetation between the lots. There are no windows within this standard marijuana cultivation facility. There is no view to the public. All marijuana is grown indoors. The proposed premises/shop looks like most others scattered throughout the Matanuska-Susitna Borough. There is no indication that the proposed premises will be utilized for the legal cultivation of marijuana. No signage will be used.

Outside/outdoor lights will be mounted on each side of the shop/building. They will be approximately 10'-12' off the ground. They will be positioned so that they light up the sides of the building and about 15 '-20' feet out from the sides of the building. They will also be pointed in a downward directions so as to not allow light spillage on to any adjoining property. Where this cultivation is proposed, they are no neighbors in any close proximity where light spillage would be a concern. However, they will ensure this does not occur.

7. Describe hmv this use is compatible ·with the character of surrounding area.

The pmticular area is a fom1er gold mining claim on approximately l O acres with huge and undeveloped large tracts of land sunounding it. The appearance of the business will be upgraded by remodeling and painting in a manner which will improve prope1ty value. This business will appear to be like any other large conunercial type shop in the area and

3


would be unbeknown to the public unless you were in search of this type of business in order to conduct lawful business. The lot has a minimum of I 07'setback to the South from the proposed location and is in a completely p1ivate and secluded location and does not directly join any other business. No signage will be present or posted.

8. Current status o_{State License application process-17.60.150 (D) (})

Currently AMCO license number 19204 has been deemed to be in "delegated status" by AMCO from its meeting held previously on May 1-5 2019.

4


Written Landowner Authorization

I William Scott Eubanks, President of Hatcher Pass Remote Properties, LLC, hereby

grant our written consent to allow Mikey's Place, LLC. , to conduct a state approved standard

marijuana cultivation facility located at 30353 N. Willow Fishhook Road, Building B Willow,

AK. The MSB tax identification number is 54944000T00B.

cott Eubanks, President Hatcher Pass Remote Properties, LLC.

5


Wastewater and Waste Material Disposal Plan- 17.60. 160(A)

Mikey's Place, LLC. , will store, dispose of and manage any solid or liquid waste generated by the licensed premises in compliance with federal , state and local laws and regulations following DEC regulation 18 AAC 60. (reference, 3 AAC 306.735). All plants will be either hand watered or via d1ip emitter. There are catchment containers under all plants so run off will not occur. Any excess water will be reabsorbed back into the marijuana plants directly or will dissipated with the everyday evaporation process.

Prior to deeming marijuana as waste, we will notify the AMCO 3 days in advance in writing. Once the MCB has been notified, product awaiting disposal will be separated and stored in our secure waste storage area. Our secure waste storage is secured and monitored in compliance to 3 AAC 306. 715 and 3 AAC 306. 720.

Upon approval , any marijuana waste, including expired marijuana products will be ground and mixed with organic material to product a final waste product that is no more than 50% marijuana product. We will mix with household waste products to include but not limited to food, paper, grass clippings, leaves, etc. Once marijuana product is reconciled to be unusable for any and all intended purposes, we will transfer the waste to our on-site secured dumpster to await final disposal at the garbage dump within Mat-Su. Upon final disposal, we will record the final destination of said waste, in accordance with 3 AAC 306.740(c)

6


Odor Mitigation and Ventilation Plan-17.60.160(B)

Mikey's Place, LLC. , has taken measures for cannabis odor. We will maintain and keep all cannabis that is cultivated stored in a locked area and a safe and all areas including the cultivation areas will be odor controlled by way of charcoal canister type air filters/cleaners. We will also utilize ozone producing machines if it is necessary to further eliminate any additional odor that may be emitted and not "scrubbed" by our charcoal air filters. Mikey's Place, LLC., does not foresee any outside odor that will be detectable from outside of the facility and will use wise discretion and add any additional odor elimination if deemed necessary.

7


Hazardous Chemicals 111/ormation- I 7. 60. I 60(C)

Mikey's Place, LLC. , will not be using any hazardous chemicals to include pesticides, herbicides or fungicides. All fetiilizers will be stored behind a locked door within the facility. They shall be stored in designated cabinets with proper temperature and humidity controls and shall comply with all federal, state and local laws. All fertilizers will be stored and secured per the manufacturer's recommendations.

8


Security Plan- 17. 60.160(D)

Mikey's Place, LLC. , will be using a high-quality secu1ity and surveillance systems equipped with motion detectors, panic and breech alanns as well as audible door entry notifications by the alann panel , fire and smoke alanns. All alanns will ale1i a central monitoring company by Ala1111.com or similar company. All surveillance and data will be stored on a NVR system with a multi TB hard drive with room for added hard drives with a 720-pixel clarity which is well above industry standards. Data will be stored on the hard drive for 40 plus days, 24 hours a clay, 7 days a week as well as storing data with a secure p1ivate server. The system is also equipped with a battery backup systems to keep all systems functioning during a power outage. All surveillance equipment is stored in a mounted and locked secmity case within a restiicted area that is under surveillance and both the restricted area and the security case are equipped with audible notification and ala1111s as well as security alarn1s when the alann system is set after business hours. This reshicted area door is equipped with a commercial lock to be locked and secured after each entry. Mikey's Place, LLC., will be using high definition video cameras with high pixel clarity as well as infrared technology capable of captming high quality images up to 120' away in darkness. All doors will have commercial grade locks that will be closed and locked during and after business hours. This facility is not open to the public. All doors and entry points will remain locked (egress can be made via emergency door exits from within the inside in the event of an emergency, however, these doors will remain locked from the outside) dming business hours and when closed and only accessed via a key to which only Mr. William Scott Eubanks and Mr. Peter Joseph Walsh and key employee(s) will have access to or be able to utilize.

Per MSB l 7.60.160(E), education on security protocol and secmity systems will be done with every new hire within this entity. Secu1ity reviews will be conducted every 120 days at a minimum or more, should it be deemed necessary. In the event of a security system modification or upgrade, all employees will be advised of the change immediately and shown its operation or change in condition or status. We will fmiher review at a minimum every 120 days all security protocols in order to make our system more secure as well as stay apprised of any changes in teclrnology that would be beneficial to our operations and keep all of our employees safer. All security protocols will be kept in writing and upon the premises.

9


July 8, 2019


Development Services Division 350 East Dahlia A venue • Palmer, AK 99645 Phone (907) 861-7822 • Fax (907) 861-8158

wvvw.permitcenterrcil,matsugov .us

Hatcher Pass Remote Properties, LLC Mikey's Place, LLC C/O Lance Wells, Esq. 733 W. 4th Avenue, Suite 308 Anchorage, AK 99501

Subject: Conditional Use Pennit Application for Marijuana Cultivation Facility - Request for Additional Information

Location : 30353 N. Willow Fishhook Road; Parcel Account# 54944000T0OB

Dear Mr. Wells,

Borough staff has reviewed the application material and the site plan(s) submitted on June 13, 2019 for a Conditional Use Penn it to operate a marijuana cultivation facility under MSB 17.60 on the above referenced property. It has been determined that the following information needs to be provided and/or clarified in order to process this request.

l. Please provide proof of a State of Alaska Driveway Permit allowing access to and from North Willow Fishhook road. If you are in the process of obtaining a state driveway permit, provide documentation indicating an application has been submitted.

2, What is the approximate square footage of the proposed cultivation facility? What is the square footage of the area to be under cultivation?

3. Approximately how many employees will Mikey' s Place, LLC employ?

Once the items above have been addressed and we have determined the application to be complete, staff will begin the public notice process. Should you have any questions or require additional information, please feel free to contact me at the above mailing address, phone: 861-7862, or email: [email protected]. Thank you for your time and consideration on this matter.

Respectfully,

.9 /f~~ Joseph Metzger, Planner II Development Services Division Matanuska-Susitna Borough

Page 1 of 1


Joseph Metzger

From: Sent: To: Subject: Attachments:

Lance Wells <[email protected]> Friday, July 12, 2019 10:37 AM Joseph Metzger RE: RFAI Mikey's Place, LLC driveway permit appl ication.pdf

[EXTERNAL EMAIL - CAUTION: Do not open unexpected attac hments or links. ] Joe:

Thank you fo r your letter.

-In response, I have attached the rece ipt for the driveway appl ication . (see attached) .

-The cultivation building is approximately 6,000 square feet.

-There will be approximately 594 feet under cultivation initially.

-No more than three employees at this time are believed necessary.

I believe that completes the responses to your letter.

Should you need anything else please let me know.

Please let me know when they are scheduled to appear before the council.

As always it remains a pleasure to work with you .

/s/

Lance C. Wells, Atty .

From: Joseph Metzger [mailto:[email protected]] Sent: Monday, July 8, 2019 1:36 PM To: Lance Wells <[email protected]>; [email protected] Subject: RFAI Mikey's Place, LLC

Good Afternoon,

fBJ f£ t ~ n f£ lnl /fl] Jill I ?. 2019 la MATANUSKA-SUSITNA BOROUGH

DEVELOPMENT SERVICES

Please see the attached letter requesting additional information regarding your application for a conditional use permit to operate a marijuana cu ltivation facility. If you have any questions or need clarification, just let me know.

Respectfully,

Joe Metzger MSB Planner II 907-861-7862

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ROW IRIS REVENUE CODING COVER SHEET FOR FINAN PERMIT REVENUE

ROUTING INFORMATION

ATTN: Account Receivable Desk

SECTION: Finance

DATE: 6/17/2019

AGENT: Gabe Kutcher

PHONE: 269-0691

Name Hatcher Pass remote Properties LLC _____ _

Permit/ File No. '2_,Ct L-i ))C\ DEPT, FUND, AND REVENUE ACT.

D IE t IE HI IE Iii) JUL l 2 2019 ~

MATANUSKA-SUSITNA B . . . . DEVELOPMENT S/;RV:U@J

VERIFIED BY

SUB- FUNCTION NON-REFUNDABLE PERMIT FEES APPROPRIATION UNIT UNIT

SOURCE PRGM. ACTIVITY CODE

0 HIGHWAY EVENT PERMIT

0 TEMP. CONSTRUC. PERMIT

0 LANE CLOSURE PERMIT TEMPLATE NO. TCRW03

4080 5113 115N RWPM EPRMTPYMl 181 DRIVEWAY APPLICATION

0 SIGN PROGRAM

• OTHER

CONTACT, PAYMENT, & REFERENCE INFORMATION

NAME (Credit Card Holder's name): - -~Sc~ot~t~Eu~b~an-k~s _ _____ _ _

BILLING/ MAILING ADDRESS: PO Box 369 Willow AK 99688 PHONE NO: 907-355-0853

VISA/ MC CARD NO.:

0 PAYMENT BY MAIL 121 PHONE PAYMENT or O IN PERSON SIGNATURE ------ - - - - - --

NOTES: Non- Refundable Application Fee

Rev. 5.6.19


MATANUSKA-SUSITNA BOROUGH DEVELDPMENT SERVICES

Permit No. 29489

State of Alaska Department of Transportation and Public Facilities

Driveway Permit #29489

This permit allows the owner to construct and maintain a driveway within a State owned highway Right of Way.

Contact Name: Scott Eubanks Phone Number: (907) 355-0853

Owner: Hatcher Pass Remote Properties, LLC Mailing Address: P.O. Box 369

Willow, AK 99688

Driveway Location: Willow OW - 30353 N. Willow Fishhook Rd (MP 23)-ASLS 98-045, Tract B, Plat 2000-7, Parcel ID# 63169

Design Criteria

Driveway width 24 Feet Road surface type Gravel Left edge clearance 350 Feet Shoulder type Gravel Right edge clearance 190 Feet Landing surface type Gravel Left return radius 40 Feet Left driveway fore slope 4: l Right return radius 40 Feet Right driveway fore lope 4: I Shoulder width 2 Feet Ditch depth NIA Feet Approach angle 90 Degrees Culvert Type None Landing grade +l-2 Percent Culvert Size NIA Inches Landing length 40 Feet Culvert Lemrth NIA Feet

This permit applies only to the Department of Transportation & Public Facilities (DOT&PF) State right of way.

Any survey monument or monument accessory that will be disturbed or destroyed during construction of the driveway must be referenced prior to the disturbance and restored or replaced by a Land Surveyor licensed in the State of Alaska. The Land Surveyor must file a Monument Record in accordance with AS 34.65 .040. All monument records must be reviewed by DOT&PF prior to filing with the District Recorder.

Placement of fill material in waters of the U.S., including wetlands and streams, requires prior authorization from the U.S. Army Corps of Engineers. It is the responsibility of the owner to contact the Corps before filling activities take place. www.poa.usace.annv.mil1reg

A driveway constructed under permit within a highway right of way is the property of the State, constructed under pennit within a highway right-of-way is the property of the State, but all cost and liability aris ing from the construction, operation, or maintenance of a driveway is at the sole expense of those lands served.

Page 1 of 5


Permit No. 29489

DOT&PF is not obligated to change its maintenance practices to accommodate a driveway constructed under a permit, or to incur any additional expense removing snow berms or other obstructions from a driveway within a right of way resulting from DOT&PF's activities, or activities under a permit issued under 17 AAC 15.

Permittee is responsible for adjusting or relocating the driveway without cost or liability to DOT&PF if the use or safety of the highway requires that the driveway be adjusted or relocated.

This permit is not a property right but a temporary authorization, revocable by the State upon violation of any permit terms or conditions, or for other reasons. All reasonable attorney's fees and costs associated with legal or enforcement actions related to the terms and conditions of this permit will be borne by the Permittee.

A Permittee shall construct and maintain a driveway in such a manner that the highway, and all of the highway's appurtenances or facilities, including drainage facilities, pipes, culverts, ditches, traffic control devices, street lights, pathways, and sidewalks are not impaired or endangered in any way by the construction or maintenance. (17 AAC 10.20(b)) If the Permittee damages any improvements within the State right of way, the Permittee will be responsible for returning them to their previous condition. DOT&PF inspection and approval of the restored improvements is required. (17 AAC 10.065)

Permittee shall indemnify, defend, and hold harmless the State, and its officers, employees, and contractors, from any and all claims or actions resulting from injury, death, loss, or damage sustained by any person or personal property resulting directly or indirectly from Permittee's use of or activities in the permitted area.

If driveway construction or maintenance interferes with the public's safety and/or use of facilities within State owned right of way, you will be directed to stop work until adjustments are made.

If a culvert is required by this driveway permit, culvert ends must be installed at the time of constmction and maintained continuously by the Permittee. Please contact DOT&PF for information about acceptable driveway markers (i.e., size, materials, distance, etc.) for placement within the right of way.

Permittee may not push or otherwise deposit upon any street, avenue, alley, sidewalk, or other public right of way any snow or ice which has been removed from a private driveway, private patking area, or the adjacent property. (13 AAC 02.530)

Permittee is responsible for sight distance clearing of brush and obstructions within the right of way adjacent to their property.

While doing construction or maintenance activities do not park equipment or stockpile material on the shoulder during non-working hours.

The Permittee will be responsible for all necessary Federal, State, and Municipal permits and licenses required by law, pay all taxes and special assessments lawfully imposed upon the permitted area, and pay other fees and charges assessed under applicable law.

Page 2 of 5


Pcrmi l No 2941\9

This permit grants permission for construction only. allowing access to and l'rom Permittee·s property onto a Stale maintained highway. It docs not permit the lii llowing within the right or way or within that portion or a driveway that is\\ ithin the right of way: ( I) Parking of vehicles "l~)r sale": (2) Obstructions of any kind (i.e. logs. cables, fencing. etc.): (3) /\dvcrtising signs or lx1nners/llags; 14) Parking vchidc:; with sign:;/ad vcrtising on the side.

Attachmcnls included as parl of this permit arc:

e Site Plan

L\lli~~~n.,'f6$tcknowledgc and accept that Hatcher Pass Remote Properties. LLC will comply with nil the provisions and conditions that the Depa11mc11t oflransportatio11 and Public Facilities has included as a condition of issuing this rcrmit.

~--'.'.,,,.._.;:l,-J.,j'->.a._.,.._;~~~~~----=-""' Owner Signature

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DOT&PF Signature

Page :1 of 5


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March 27, 2019

Daniel Clift Determine Design 903 W Northern Lights Ste. 206 Anchorage, AK 99503

Department of Public Safety

Ul\·1Sl02\ Ui- HRi:. .-\NU i lf'c S.-\FET'i Plau Re1.-iev. Bureau Ar.ch,,)ragf:'"

5/C/..) :u I i 1..id-:.;r Ruav ,,. cr,c.r:::gE A,as,o ,9507 1225

/\/,.Ji·· :;c7 2.~9 2:,J4 ::a.-.: ;;~v 2. )9 oJ; 5

SUBJECT: Mikey's Place (30353 N. Willow-Fishhook) -Renovation / Remodel

CITY: Willow PLAN REVIEW: 2018Anchl 924 OCCUPANCY: F-1 2012 INTERNATIONAL BUILDING AND FIRE CODE

Dear Daniel Clift:

Plans for the Renovation / Remodel have been reviewed by this office for conformity with the State Fire Safety Regulations and are hereby approved. Enclosed is a certificate of approval that must be posted on the premises until the project has been completed according to the approved plans and all regulations have been adhered to.

Approval of submitted plans is not approval of omissions or oversights by this office or noncompliance with any applicable regulations of the Municipal Government.

It must be understood that the inclusion of and compliance with State Fire Safety Regulations does not preclude the necessity of compliance with the requirements oflocal codes and ordinances.

If we can be of further assistance in this matter, please feel free to contact us at the address above.

Sincerely,

Timothy Fisher Plans Examiner

Enclosure: Approval Certificate

,. ·· . -~ ; · " ' ,. ,., 1 1~.7 .. . 1-·.:-:r ,.


Stale of Alaska Office of the State Fir~ Marshal

Plan Review This is to cert ify that 1he plans fr,1 thls building were reviewed by the State Fu-e A-farsh,d on March 27, 2019 for conformance with AS 18 70 010- - l00, l 3 A.AC SO 027

This Ge1 titicate shall be posted i11 a conspicuous place 011 Lhe prt=miscs named Mikey's Place (30353 N. Willow-Fishhook) _ ___ and shall remain

posled until coustruction is comp1ered

!\OTICE: Ally changes or modifications tn :he approved plar:~ mus! be 1csubmi11cd for rcvicv,., by the Stat.: Fm: Afarshal

Plan Keview#·2018Anch1924 By

-1.mhorny AS i g 7U Qg(I

~:'1' 11 1?-rnRenovation / Remodel ONLY (11: 01)

Timothy risher Plans [xam iner


Department of Commerce, Community, and Economic Development

ALCOHOL & MARIJUANA CONTROL OFFICE

State of Alaska / Commerce / Marijuana / License Search / License #19204

LICENSE NUMBER 19204 License Number: 19204

License Status: Delegated

Return to Search Resu lts

License Type: Standard Marijuana Cultivation Facility

Doing Business As : MIKEY'S PLACE, LLC.

Business License Number: 1078443

Issue Date:

Effective Date:

Expiration Date:

Email Address: pw_75@hotmai l.com

Physical Address: 30353 N. Willow Fishhook Road , Building B Willow, AK 99688 UNITED STATES

Licensees: MIKEY'S PLACE, LLC. 10091038

Entity Officials : William Eubanks Peter Walsh

Affiliates: Peter Walsh William Eubanks

COPYRIGHT© STATE OF ALASKA · DEPARTMENT OF COMMERCE, COMMUNITY, AND ECONOMIC DEVELOPMENT · EMAIL THE WEBMASTER


Legend Mikey's Place Area Detail Showing area encompassed within 1000' of proposed premises (a ll possessed by owner) *No residences within 9 miles

:;. 1000 ft radius from proposed premises

30353 Willow Fishhook Rd *No businesses within 7 miles

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6/17/2019 Matanuska-Susitna Borough- myPropert" 'letail

MATANUSKA-SUSITNA BOROUGH

Site Information Account Number

Parcel ID

TRS

Abbreviated Description (Not for Conveyance)

Site Address Ownership Owners Primary Cvmer's Address

Real Property Detail for Account: 4944000T00B

4944000TOOB

63169

S19N01W02

ASLS 98-045 TRACT B

30353 N WILLOW FISHHOOK RD

HATCHER PASS REMOTE PROP PO BOX 369 WILLOW AK 99688

Subdivision

City

Map GSOO This is a remote parcel The section map is linked

Buyers Prim~ry Buyer's Address

ASLS 98-045

None

Appraisal Information Assessment Year Land Appr::iisecl Bldg. Appraised Total App;aised Year Land Assessed Bldg Assessed Total Assessed·

2019 $14,600.00 $317,700.00 $332,300.00

2018 $14,600.00 $301 ,300.00 $315,900.00 2017 $14,600.00 $316,700.00 $331 ,300.00

Building Information Structure 1 of 4 Business Use Design Construction Type Grade Building Apprais;il Septic Structure O of 4 Business Use Design Construction Type Grade Building Appraisal Septic

Strncture 2 oi 4 Business Use Design Construction Type Grade Building Appraisal Septic Structure 4 of 4

Business Use Design Construction Tyoe Grade Building Apprais;.il Septic Building Item Details Building Numher 0 0

Description First Story Oil Heat

AK Hardrock Offices Mining Activities Commercial Frame None

. $127800

None Commercial Use Cabin Frame 1225 - Cabin $29700

AK Hardrock Service Garag Mining Activities Commercial Frame None $57400

AK Hardrock Mill Building Mining Activities Commercial Frame None $102800

2019 2018 2017

Residential Units Condition Basement Year Built Foundation Well




Tax/Billing Information Recorded Documents Y~ar Certified Zone Mill Tax Billed Date Type

$14,600.00 $14,600.00 $14,600.00

Area

2019 Yes 0021 2018 Yes 0021 10.879 $3436.67

9121 /2018 QUITCLAIM DEED (ALL TYPE) 5/8/2001 QUITCLAIM DEED (ALL TYPE)

2017 Yes 0021 Tax Account Status 2

Status Current Land and Miscellaneous

10.88 $3604.54

Tax Balance Farm $0.00

Gross Acreage Taxable Acreage Assembly District 29.24 29.24 Assembly District 007

Disabled Veteran Senior $0 .00 $0.00

Precinct Fire Service Area 10-045

' Total Assessed is net of exemptions and deferments.rest, penalties, and other charges posted after Last Update Date are not reflected in balances.

https://myproperty.matsugov.us/mydetail.aspx?pl0=63169

Total $0.00

$317,700.00 $332,300 .00 $301,300.00 $315,900.00 $316,700.00 $331 ,300.00

0 Standard None

Unknown

Standard None

Wood Posts

0 Standard None

Slab on Grade

0 Standard None

Poured Concrete

Percent Complete

1982

2009

1982

1982

384 Sq. Ft. 100% 1 Sq, Ft. 100%

Recording Info (offs,te link to DNRI Palmer 2018-019596-0 Palmer Bk: 1132 Pg: 646

LIO Exists $0.00No

Road Sc Nice Are,

Last Updated: 6/1712019 12:00:26 AM

1/2


PERMIT CENTER - FEE RECEIPT FORM Jll1 i' ke_j '!) P Ii, l f' LL c Property Location: · ; 0 3 S 3 Ill · VV ' '1/l vV Applicant: W , S C. u t f 15. VI. 6c-r1 I<~

f=, 'JJ... IJ,:.,t-<

USE PERMITS {100.000.000.341 .300}

o 8.35 Publ ir. n isolav of Fireworks

D

•

D

D

•

0

8.40.010 Susitna I

8.41.01 0 Susitna I

8.52 Ter

8.55 Spe 5l 1(

8.55 Si

17.02 M

17.04 N:

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0 0 0 0 0

D 17.06 E lcu11vCII U CHOOCJU" :,j ~ ~v .. •~· , . __ , .. _, .. ,..,.. .. ______ ,

• 17.08 Hay Flats Special Land Use District Exception Application

o 17 .17 Denali State Park Conditional Use Permit

o 17 .18 Chickaloon Special Land Use District CUP ~E CEIVE~ o 17 .19 Glacier View Special Land Use District; CUP JliN 1 ~ ,n,o lJ o 17.23 Port MacKenzie Development Permit

o 17.25 Talkeetna Conditional Use Permit PERMIT CENTER 0 17.25 Talkeetna Conditional Use Permit-Variance

D 17 .27 Sutton Special Land Use District CUP

0 17 .28.030 Interim Materials District

D 17.29 Flood Damage Prevention Development Permit

• 17 .29 Flood Damage Prevention Development Permit -Variance

0

D

D

0

0

J

17.30.040 Earth Materials Extraction Admin. Permit

17.30.050 Earth Materials Extraction CUP

17.36 Residential Planned Unit Development Application - Concept Plan - up to 50 Lots Additional Lots or tracts being created - Per Lot

17.48 Mobile Home Park Permit Application

17.52 Residential Land Use District App (Rezone)

17.52 Conditional Use Permit Application

17.55 Shoreline Setback Exception Application

17.60 Cond itional Use Permit Application

Revised : 3/29/2019

Fee

$25.00

$100.00

ka $100.00

$500.00

$500.00 $1,000.00

$300.00

$25.00 . $150.00

$1,000.0Q

$500.00

$1000.00

$1000.00

$1000.00

$1000.00

$1000.00

$1000.00

$1000.00

$1000.00

$2000.00

$100.00

$500.00

$500.00

$1000.00

$500.00 $100.00

$500.00

$1,000.00

$1,000.00

$300..Q.O

( s1000.oo°'

1 of2



Development Services Division 350 East Dahlia Avenue• Palmer, AK 99645 Phone (907) 861-7822 • Fax (907) 861-81 rn

www.matsugov.us n ECEIVED SEP 1 2 2019

September 12, 2019

William Scott Eubanks Lance C. Wells Mikey's Place, LLC PO Box 369

PERMiT CENTER

Willow, AK 99688-0369

SUBJECT: Request for Payment of Advertising & Mailing Fees LOCATION: 30353 N. Willow Fishhook Road; Parcel Account# 4944000T00B

Dear Mr. Eubanks and Mr. Wells:

The conditional use permit application for the proposed marijuana cultivation facility on the above referenced property has been distributed for comments. In accordance with the requirements of MSB 17.03 - Public Notification, the applicant shall pay the cost of mailings or advertisements required by ordinance specific to that action. Payment must be received by the Matanuska-Susitna Borough prior to the public hearing.

Advertising: Mailing: TOTAL DUE:

$112.50 $ 12.05 $124.55

The advertisement was published in the July 24 th edition of the Frontiersman. Please pay the fees by October 4, 2019. Should you have any questions or require additional information please contact me at the above address, phone# 861-7862, or e-mail: [email protected].

Respectfully,

Joseph Metzger Planner II Matanuska-Susitna Borough


Property Location:

. PERMIT CEN~ER - FEE RECEIPT FOR~ A,,, . _

Y-9 Y 4000 \C.O 6Applicant:---=2_=--'U..~D-=..;,0Jy--l"'-----'-----= ILc?=---

USE PERMITS {100.000.000.341.300} Fee _,

• 8.35 Public Display of Fireworks $25.00

• 8.40.010 Liquor License -Alcohol & Marijuana Control Office (AMCO) Referrals for Matanuska

$100.00 Susitna Borough Review of Issuance, renewal or transfer (location, owner)

• 8.41.010 Marijuana License - Alcohol & Marijuana Control Office (AMCO) Referrals for Matanuska

$100.00 Susitna Borough Review of Issuance, renewal or transfer (location, owner)

• 8.52 Temporary Noise Permit $500.00

• 8.55 Special Events Permit $500.00 500 - 1000 Attendees $1,000.00 1000+ Attendees

• 8.55 Special Events Permit Site Monitor Fee / Per Day $300.00

17.02 Mandatory Land Use Permits- Residential Non-habitable $25.00 •

Commercial/Industrial $150.00

• 17.04 Nancy Lake Special Land Use District CUP $1,000.00

• 17.06 Electrical GeQerating & Delivery Facility Application $500.00 '

• 17 .08 Hay Flats Special Land Use District Exception Application $1000.00

• 17.17 Denali State Park Conditional Use Permit $1000.00

• 17.18 Chickaloon Special Land Use District CUP $1000.00

• 17.19 Glacier View Special Land Use District; CUP $1000.00

• 17.23 Port MacKenzie Development Permit $1000.00

• 17.25 Talkeetna Conditional Use Permit $1000.00

• 17.25 Talkeetna Conditional Use Permit-Variance $1000.00

• 17.27 Sutton Special Land Use District CUP $1000.00

• 17.28.030 Interim Materials District $2000.00

• 17.29 Flood Damage Prevention Development Permit $100.00

• 17 .29 Flood Damage Prevention Development Permit -Variance $500.00

• 17.30.040 Earth Materials Extraction Admin. Permit $500.00

• 17.30.050 Earth Materials Extraction CUP $1000.00

17.36 Residential Planned Unit Development Application - Concept Plan - up to 50 Lots $500.00 Additional Lots or tracts being created - Per Lot $100.00

• 17.48 Mobile Home Park Permit Application $500.00

• 17.52 Residential Land Use District App (Rezone) $1,000.00

• 17.52 Conditional Use Permit Application $1,000.00

• 17.55 Shoreline Setback Exception Application $300.00

• 17.60 Conditional Use Permit Application

$1000.00

Revised: 3/29/2019 1 of2


[j 17.61 Commercial/Industrial Core Area Conditional Use Permit

• 17.62 Coal Bed Methane

• 17.63 Conditional Use Permit for Racetracks

• 17.65 Variance

17 .67 Tall Structures - Network Improvement Permit

• Nonconforming Use Administrative Permit Conditional Use Permit

• 17.70 Regulation of Alcoholic Beverage Use Permit Application

• 17.73 Multi-Family Land Use Permit- add $25.00 for each a

• 17.75 Single-Family Residential Land Use District CUP

17.76 Large Lot Single-Family Residential Land Use District • Conditional Use Permit Application

17.80 Nonconforming Structures (Amnesty) • Pre-ExistinQ LeQal NonconforminQ (Grandfather)

• 17.90 Regulation of Adult Businesses - Conditional Use Peri

RIGHT-OF-WAY FEES:

• Driveway

• Driveway Deposit {100.226.100}

• Construction

• Utility (Application Fee = $100 - Distance Fee $0.25/per line

• Encroachment

• Construction Bond {100.227.000} i

PLATTING PRE-APPLICATION CONFERENCE: I

MSB PERMIT CENTER 350 E DAHLIA AVE PALMER AK 99645

907 -8618630

Thu 09/12/2019 3:44 Pll

Order ID :#27dc6b6a Orde r Number:114

Postage & Adverti

Sub Total: Discounts: Fees:

Total:

$124 . ~,':i

$124 55 $0 .00 $0. 00

$124.55

Txn ID : #27dcl0 illd

Type : DEBIT

PURCHASE • Pre-Application Fee US DEBIT

Number: ************7iOO C I

I arc Type: VISA ..

FEES: Entry Mode : Chip ., . ' CVU: PIN VERIF IED

• Flood Plain Development Survey CD Uode: Is suer' AID : A0000000980840

• CD/DVD/DVD-R TVR : 8080048000 IAD: 06010A03AOOOOO

• Construction Manual/Title 43 TS T: 6800

Plat Map/Tax Map Copies/Mylar AT(: 02E9 • TC: 546423FDCOD657BE

• Color Maps Response: APPROVED ,1.pprova l Code: 009375

~ Xerox Copies (BN>/ = $0.25 - Color $1 .00/page 11X17 Col

~ \ Advertising Fees THA~JK YOU

lo -: Cultural Resources Books or Maps ---

• Citation Payment (If sent to collections - use total due from Cuu1 ,vrc:vv 1

• Thumb Drive 2GB = $5, 4GB = $8, 8GB = $10; 16GB=$15; 32GB = $20

$1000.00

$1000.00

$1000.00

$1000.00

$100.00 $200.00 $500.00

$1000.00

$1000.00

$500.00

$1000.00

$1000.00

$300.00

$1000.00

$50.00

$150.00

$200.00

$150.00

I l

' $10.00

$7.50

$5.00

$5.00

$12.00

\;;)L) ,"-S

$ ______ Amount Paid Date: ______ _ Receipt# ____ _ By: __ _

Revised: 3/29/2019 2 of2

-:::>


Public Comments


Joseph Metzger

From: Joseph Metzger Sent: To:

Wednesday, September 4, 2019 10:15 AM 'Ernest Dean'

Subject: RE: Mikey's Place, LLC-Conditional use permit

Received, thank you for your comment.

Respectfully,

Joe Metzger

MSB Planner II

907-861-7862

From: Ernest Dean <[email protected]> Sent: Friday, August 30, 2019 8:43 AM To: Joseph Metzger <[email protected]> Subject: Mikey's Place, LLC-Conditional use permit

[EXTERNAL EMAIL - CAUTION: Do not open unexpected attachments or links.] I have mining claims on Willow Creek below the proposed site of the marijuana grow. These claims are accessed via a

road (trail) that cuts through the corner of the tract of land on which the proposed grow building is located. The

trailhead and parking area are also located on the property.

My concern is how the added need for security might affect access to parking at the trailhead and access to Willow

Creek through the corner of the property.

1


..... .:_ID

'r ,!,") t,') r J:: t ) .,

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=- i; ?} ,,... ..,, Jr "" "' '\'" '


Matanuska-Susitna Borough Development Services Division

350 E. Dahlia Avenue Palmer, Alaska 99645

4U05548000L01 2 DELAND MICHAEL W & JAN L

2303 E 49TH CT

ANCHORAGE, AK 99507-1373 The Planning Commission of the Matanuska-Susitna Borough will consider the following: Application: Conditional Use Permit for a Marijuana Cultivation Facility MSB Code Section: MSB 17.60-Conditional Uses Applicant: Lance Wells on behalf of Mikey's Place, LLC Location: 30353 N. Willow Fishhook Road, (Tax ID# 4944000T00B)



The Planning Commission will conduct a public hearing concerning the following application for a conditional use permit on *Monday, October 7, 2019 at 6:00 p.m. in the Borough Assembly Chambers, 350 E. Dahlia Avenue, in Palmer. This maybe the only presentation of this item before the Planning Commission and you are invited to attend. The Planning Commission members may submit questions to the Planning Commission Clerk concerning the matter or request more information from the applicant at the time of introduction. All questions and requests submitted by the Commission shall be in writing and copies will be provided to the applicant and made available to all interested parties and the public upon request. Answers to questions and additional material requests will be addressed in the staff report for the public hearing. Commission members may not receive or engage in ex-parte contact with the applicant, other interested parties in the application, or members of the public concerning the application or issues presented in the application.


Application materials may be viewed online at www.matsugov.us by clicking on "All Public Notices & Announcements." Application material is also available for review at the Borough Permit Center. For additional information, you may contact Joe Metzger, Planner II, at 86i-7862. Written comments can be mailed to the MSB Development Services Division, 350 E. Dahlia Avenue, Palmer, AK 99645 . You may e-mail comments to [email protected]. In order to be eligible to file an appeal from a decision of the Planning Commission, a person must be designated as an "interested party." See MSB 15.39.010 for definition of "interested party." The procedures governing appeals to the Board of Adjustment and Appeals are contained in MSB 15.39.010-250, which is available on the Borough home page: www. matsugov.us, in the Borough Clerk's office, or at various libraries within the borough.

Comments are due on or before September 6. 2019 and will be included in the Planning Commission packet for the Commissioner's review and information. Please be advised that comments received from the public after that date will not be included in the staff report to the Planning Commission.

Name: __ s_°'_n.. __ D_~_ L_c_\n_ d, ______ Mailing Address: d 303 c yq f-vt c+. ®Lh(h.a,s:e i 'i:I -S-67

Location/Legal Description of your property: :3 <o 55 w . 0 ~ \(c, Lo }= ,' shh O ©k Rd / LA:':> G :S 55 y '.€, Li ?

Comments: f o u,., r :\ CV\ ;€.A.a,j: i01:::\s <i t- YV\. y f a M1·l~ h c.qJ e u sed ¼15 p ropeA t-~ k:a,3 ihri,J la:e-fue:e 56\::ebood. 1 c\oh.1\ b.., \ ;e. u-R a. VY\ ct f1Jiu. 0-\'\a CLdt 1v«+1'on F g,ci\;~

l 'S C.c,h$i Stf./V\\ \4)\ ~Y\ the-. h'.\ 1Vi 1V\~ C\ V\.cl ti' L [e,<i)\: ~0Y\Q.\. \J~n':S T'h e c'.U 'f ct

\.ct."::> h-e.-e..."'- cl e.dl i l-cd-e ct'oti . Vicinity Map Located on Reverse Side c\· ~.,,__~~ 'l)&'L I



Development Services Division 350 E. Dahlia Avenue

Palmer, Alaska 99645

4U05549000L01

INGAK LLC

PO BOX 12848

5


RECEIVED SEP - 4 2019

Matanuska . susitna ~orough Development Services

SEP 11 2019

Received

The Planning Commission of the Matanuska-Susitna Borough will consider the following: Application: Conditional Use Permit for a Marijuana Cultivation Facility MSB Code Section: MSB 17.60-Conditional Uses Applicant: Lance Wells on behalf of Mikey's Place, LLC Location: 30353 N. Willow Fish..l-iook Road, (Tax ID# '.4944000T0OB)

within Township 19 North, Range 1 West, Section 02, Seward Meridian Request: An application for a conditional use perrnit under MSB 17.60 - Conditional Uses, has been


The Planning Commission will conduct a public hearing concerning the following application for a conditional use permit on *Monday, October 7, 2019 at 6:00 p.m. in the Borough Assembly Chambers, 350 E. Dahlia Avenue, in Palmer. This may be the only presentation of this item before the Planning Commission and you are invited to attend. The Planning Commission members may submit questions to the Planning Commission Clerk concerning the matter or request more information from the applicant at the time of introduction. All questions and requests submitted by the Commission shall be in writing and copies will be provided to the applicant and made available to all interested parties and the public upon request. Answers to questions and additional material requests will be addressed in the staff report for the public hearing. Commission members may not receive or engage in ex-parte contact with the applicant, other interested parties in the application, or members of the public concerning the application or issues presented in the application.


Application materials may be viewed online at www.matsugov.us by clicking on "All Public Notices & Announcements." Application material is also available for review at the Borough Permit Center. For additional information, you may contact Joe Metzger, Planner II, at 861-7862. Written comments can be mailed to the MSB Development Services Division, 350 E. Dahlia Avenue, Palmer, AK 99645 . You may e-mail comments to [email protected]. In order to be eligible to file an appeal from a decision of the Planning Commission, a person must be designated as an "interested party." See MSB 15.39.010 for definition of "interested party." The procedures governing appeals to the Board of Adjustment and Appeals are contained in MSB 15.39.010-250, which is available on the Borough home page: www.matsugov.us, in the Borough Clerk's office, or at various libraries within the borough.

Comments are due on or before September 6. 2019 and will be included in the Planning Commission packet for the Commissioner's review and information. Please be advised that comments received from the public after that date will not be included in the staff report

to the Plannin\.g Co ..... mmission. J (' r ('\\\Jft 5-~6*~} LL..C .---- , , "\ \ l ;r--; i 't ,1 , \ e - \ J ~) l' ·1-~ vv I v.,-1 vt '-I iv l{t)t)i/l.. -'\.r"'C Name: :,.,- \ ; v 1\--J \ ? ' l M Mailing Address: /\... ,Vltz 1S3 -------

Note: Vicinity Map Located on Reverse Side


Agency Comments


August 30, 2019

Joseph Metzger, MSB Planner II Matanuska-Susitna Borough Planning & Land Use Department 350 East Dahlia Avenue Palmer, Alaska 99645-6488

ENSTAR Natural Gas Company A DIVISION OF SEMCO ENERGY

Engineering Department Right of Way Section

401 E. International Airport Road P. 0. Box 190288

Anchorage, Alaska 99519-0288 (907) 277-5551

FAX (907) 334-7798

Subject: Conditional Use Permit for a Marijuana Cultivation Facility located at 30353 N Willow Fishhook Road within Township 19 North, Range 1 West, Section 2, Seward Meridian.

Dear Mr. Metzger:

ENSTAR Natural Gas Company has reviewed the application for the Conditional Use Permit for a Marijuana Cultivation Facility.

We have no comments or concerns related to this activity.

If you have any questions, please feel free to contact me at 907-334-7944 or by email at [email protected].

Sincerely,

c~~ Right-of-Way and Compliance Technician ENSTAR Natural Gas Company


Joseph Metzger

From: Sent: To: Subject:

Not ma pped. No other comments.

Thanks,

g fwte6a g wtaJ:d,(J,

Mat-Su Borough Development Services Administrative Specialist

350 E Dahlia Ave. Palmer, Alaska 99645 907-86 1-8574 www.matsugov.us

Theresa Ta ranto Friday, August 30, 2019 4:54 PM Joseph Metzger RE: RFC Mikey's Place CUP Due September 7

From: Joseph Metzger <[email protected]> Sent: Thursday, August 29, 2019 3:23 PM To: '[email protected]' <allen.kemplen@alaska .gov>; '[email protected]' <[email protected]>; '[email protected]' <melanie.nichols@alaska .gov>; 'kyler.hylton@alaska .gov' <kyler.hylton@alaska .gov>; '[email protected]' <sarah .wilber@alaska .gov>; 'mearow@matanuska .com' <[email protected]>; '[email protected]' <[email protected]>; 'jthompson@mta-telco .com' <[email protected]>; '[email protected]' <[email protected]>; '[email protected]' <[email protected]>; Eric Phillips <[email protected]>; Jude Bilafer <[email protected]>; Cindy Corey <[email protected]>; Terry Dolan <[email protected]>; Jim Jenson <[email protected]>; Jamie Taylor <Jamie [email protected]>; Nicole Wilkins <[email protected]>; Karol Riese <[email protected]>; Taunnie Boothby <[email protected]>; Theresa Taranto <[email protected]>; John Aschenbrenner <[email protected]>; John Aschenbrenner <[email protected]>; Sloan VonGunten <Sloan [email protected]>; Jill Irsik <[email protected]>; Michelle Wagner <[email protected]>; Cheryl Scott <[email protected]>; Tam Boeve <[email protected]>; [email protected]; [email protected] Subject: RFC Mikey's Place CUP Due September 7

MEMORANDUM

DATE: August 29, 2019

TO: Various Governmental Agencies

FROM : Joe Metzger, Planner II

SUBJECT: Request for Review and Comments

1


PROJECT: Conditional Use Permit for a Marijuana Cultivation Facility

LOCATION : 30353 N. Willow Fishhook, (Tax ID# 4944000T00B); within Township 19 North, Range 1 West, Section 2, Seward Meridian

APPLICANT: Lance Wells on behalf of Mikey's Place, LLC

An application for a conditional use permit under MSB 17.60- Conditional Uses, has been submitted for the operation of a marijuana cultivation facility . The Planning Commission will conduct a public hearing on this request on *October 7, 2019.

*The date of the Public Hearing for this request has been changed from September 16, 2019 to October 7, 2019. The public comment period has been extended unti l September 6, 2019.

Application materials may be viewed online at www.matsugov.us by clicking on "All Public Notices & Announcements." Application material may also be reviewed at the Borough Permit Center. A direct link to the application material is here:

https://www.matsugov.us/publicnotice/mikey-s-place-llc-conditional-use-permit

Comments are due on or before September 6, 2019 and will be included in the Planning Commission packet for the Commissioner's review and information. Please be advised that comments received from the public after that date will not be included in the staff report to the Planning Commission. Thank you for your review.

Respectfully,

Joe Metzger MSB Planner II 907-861-7862

2


PLANNING COMMISSION

RESOLUTION


By: Introduced:

Public Hearing: Action:

Joe Metzger September 16, 2019

October 7, 2019

MATANUSKA-SUSITNA BOROUGH PLANNING COMMISSION RESOLUTION NO. 19-20

A RESOLUTION OF THE MATANUSKA-SUSITNA BOROUGH PLANNING COMMISSION APPROVING A CONDITIONAL USE PERMIT FOR THE OPERATION OF A MARIJUANA CULTIVATION FACILITY AT 30353 NORTH WILLOW FISHHOOK ROAD(TAX ID# 4944000T00B); WITHIN TOWNSHIP 19 NORTH, RANGE 1 WEST, SECTION 2,

'Ill

SEWARD MERIDIAN.

WHEREAS, an application has been received from Lance Wells, I 11!"1,, ii'

, ,I,,

on behalf of Mikey's Place, i LLC for a conditional use permit for

the operation of a marijuana cultivation facility at 30353 North ' ' '

"I ,l Willow Fishhook Road (Tax ID# 494~000T00B); within Township 19

North, Range 1 West, Section 2, Seward~Meridian; and

WHEREAS, MSB 1 7. 60. 030 (A) ( 4) requires a conditional use

permit for the operation of a marijuana cultivation facility; and

WHEREAS, unless this type of use is maintained under and in

accordance with a lawfully issued permit, marijuana cultivation

facilities are declared to be a public nuisance; and

WHEREAS, the proposed use is wholly contained within a steel

structure; and

WHEREAS, the p r oposed use is accessed from North Willow

Fishhook onto an existing permitted private driveway; and

WHEREAS, the subject structure is assessed as commercial and

has historically been used as such to support mining activities ;

and Planning Commission Resolution 19- 20 Adopted:

Page 1 of 8


WHEREAS, the area is remote and the surrounding properties

are not developed and are primarily used for recreation purposes

and gold mining; and

WHEREAS, the closest residential structure is located

approximately nine road miles from the proposed use; and

WHEREAS, the closest business is located approximately seven

road miles from the proposed use; and

WHEREAS, according to the ap~lication material, the proposed

use is set back 392 feet from ' the north lot line, 1191 feet to the

entrance gate near the east lot line, 107 feet from the south lot

line, and 686 to the west lot lini; and

WHEREAS, the subject parcel is 11approximately 30 acres and

II

there are multiple structures on the property including a

residential home, a steel structure that will house the proposed

cultivation and several sheds and outbuildings; and

WHEREAS, the facility will not be open to the public; and

WHEREAS, the application material indicates there will not be

any business signs associated with the use; and

WHEREAS, the closest school (Colony school site) is

approximately 12 miles away from the proposed use; and

WHEREAS, persons under the age of 21 are prohibited from

entering the premises of the proposed use; and

WHEREAS, according to the application material, loitering

will not be allowed; and


Adopted: Page 2 of 8


WHEREAS, according to the application material, the proposed

use has a robust security plan in place, which includes education

of employees on all security measures; and

WHEREAS, according to the security plan, a combination of

cameras, motion detectors, alarms, and lighting will be used to

secure the site and monitor all activities at the facility; and

WHEREAS, the State of Alaska Fire Marshal has issued Plan

Review Certificate #2018Anchl 92 4, approving the renovation and

remodeling of the proposed use; and

WHEREAS, a copy of approved Plan Review Certificate

#2018Anch1924 has been provided; and

WHEREAS, the commercial structure is in full compliance with

the applicable State of Alaska fire code; and

WHEREAS, after proper notification to the State of Alaska

Alcohol & Marijuana Control Office all marijuana products deemed

unusable will be mixed with compostable waste, stored in a secure

waste storage area in dumpsters, and disposed of at the landfill;

and

WHEREAS, according to the application material, the proposed

use has a di version prevention plan in place to prevent the

potential for marijuana to be diverted to an unregulated market;

and

WHEREAS, all of the required site plans and operational

information have been provided by the applicant; and

Planning Commission Resolution 19-20 Adopted:

Page 3 of 8


WHEREAS, there are no outdoor processes associated with the

proposed use; and

WHEREAS, there is no industrial equipment or processes that

generate noise or dust associated with the proposed use; and

WHEREAS, the facility will be fitted with charcoal canister

filters to remove marijuana odors; and

WHEREAS, the facility will not be open to the public; and

WHEREAS, Mikey's Place, LLC has received delegated approval

from the State Marijuana Control Board for marijuana cultivation

license #19204, in accordance with 3 AAC 306.005; and

WHEREAS, written documentation showing delegated approval

from the State Marijuana Control Board for marijuana cultivation

license #19204 has been provided; and

WHEREAS, according to the application material, there will be

catchment containers placed under all plants so no run off water

will occur. Any excess water will be reabsorbed back into the

marijuana plants directly or will dissipate by evaporation; and

WHEREAS, according to the application material, no hazardous

pesticides, herbicides, or fungicides will be used; and

WHEREAS, according to the application material, fertilizers

will be stored behind a locked door in designated cabinets and

will be stored so as to comply with all federal, state, and local

laws and per the manufacturers recommendations; and


Adopted :

Page 4 of 8


WHEREAS, the Planning Commission has reviewed this

application with respect to standards set forth in MSB 17.60.100,

17.60.150 and 17.60.160; and

WHEREAS, the Planning Commission conducted a public hearing

on October 7, 2019 on this matter.


Borough Planning Commission hereby adopts the aforementioned

findings of fact and makes the following conclusions of law

supporting approval of Planning Commission Resolution 19-20:

1. The proposed use, with conditions, will not detract from

the value, character, and integrity of the surrounding

area (MSB 17. 60.100 (B) (1)).

2. The proposed use will not be harmful to the public

health, safety, convenience, and welfare (MSB

17.60.l00(B) (2)).

3. Sufficient setbacks, lot area, buffers or other

safeguards are being provided (MSB 17.60.10 0 ( B) ( 3) ) .

4. The application material meets all of the requirements

of this chapter (MSB 1 7. 60 .1 00 (B) ( 4)) .

5. The proposed use will not negatively affect other

properties due to factors such as noise and odor (MSB

17.60.150(A) (1)).

6. Measures are in place to reduce negative affects upon

adjacent properties (MSB 17.60.150(A) (2) (a-c)).


Adopted:

Page 5 of 8


7. The proposed use is compatible with the character of the

surrounding area (MSB 1 7. 60 .150 (A) ( 3)) .

8. The proposed use is more than 1,000 feet away from any

school grounds (MSB 17.60.150(8) (1)).

9. The applicant has provided documentation demonstrating

all applicable licenses pertaining to 3 AAC 306.005 have

been obtained (MSB 17.60.150(0) (1)).

10. The applicant has provided documentation demonstrating

the proposed use is in full compliance with all

applicable fire code (MSB 1 7. 60. 150 ( D) ( 2) ) . I 11

11. The wastewater and waste material disposal plan

demonstrates compliance with the Alaska State Department

of Environmental Conservation (MSB 17.60.160(A)).

12. The odor mitigation plan demonstrates mitigation

measures will prevent odors from materially impacting

adjoining properties (MSB 17.60.160(B)).

13. Storage of nutrients, natural pesticides, and cleaners

will comply with all local, state, and federal laws (MSB

17.60.160(C)).

14. A security plan which includes education for employees

on security measures has been provided (MSB

17.60.160(D)).

15. The proposed use meets the minimum setback requirements

for marijuana cultivation facilities (MSB 17.60.160(E)).


Adopted:

Page 6 of 8


BE IT FURTHER RESOLVED, that the Planning Commission finds

this application does meet the standards of MSB 17 .60 and does

hereby approve the conditional use permit for the operation of a

marijuana cultivation facility, with the following conditions:

I

I

I

I

I

1. The operation shall comply with all applicable state and

local regulations.

2. All aspects of the operation shall comply with the

description detailed the application material and

with the conditions of this permit. An amendment to the ,,

Conditional Use Permit shall be required prior to any

expansion of the conditional use. II

3. Borough staff shall be permitted to enter premises

sub j ect to this permit to monitor compliance with permit

requirements. Such access will at minimum, be allowed on

demand when activity is occurring, and/ or with prior

verbal or written notice, and/or at other times as

necessary to monitor compliance. Denial of access to

Borough staff shall be a violation of this Conditional

Use Permit .

Planning Commission Resolution 19-20 Adopted:

Page 7 of 8


ADOPTED by the Matanuska- Susitna Borough Planning Commission

this day of , 2019. ----

ATTEST

MARY BROD IGAN, Planning Clerk

(S EAL)

YES :

NO:

Planning Commission Resolution 19- 20 Adopted :

COLLEEN VAGUE , Chair

Page 8 of 8


PUBLIC HEARING

LEGISLATIVE

Resolution No. PC 19-22

Modifying a Special Condition

Of the Mass Excavation Interim Materials District To Accommodate the Glenn Highway Expansion Project

( - 204)

PUBLIC HEARING



Development Services Division

DATE: August 29, 2019

350 East Dahlia Avenue• Palmer, AK 99645 Phone (907) 861-7822 • Fax (907) 861-8158

Email: [email protected]

MEMORANDUM

TO: Matanuska-Susitna Borough Planning Commission

FROM: Alex Strawn, Development Services Manager@

THRU: Eileen Probasco, Director of Planning & Land Use ~

SUBJECT: PC Reso 19-22 - A resolution of the Matanuska-Susitna Borough Planning Commission recommending approval of an ordinance modifying a special condition of the Mass Excavation interim materials district to accommodate the Glenn highway expansion project.

In 2014 the Borough Assembly adopted Ordinance 14-106, establishing an interim materials district known as Mass Excavation, located at 11375 E. Herman Road (Tax Account# 17N02El 8D003) and codified within MSB 17.28.090(A)(8). A non-code portion of ordinance 14-106 established special conditions for the operation. Special condition 15 requires that the vegetated berm between the Glenn Highway and the area to be extracted to remain undisturbed.

As part of the Glenn Highway expansion project, a new frontage road is being developed that will disturb a portion of the vegetative buffer, thereby creating a violation of special condition 15. This ordinance will allow a portion of the vegetative buffer to be disturbed while maintaining the original intent of Ordinance 14-106 by requiring visual screening of the Glenn highway from the mining operation.

Staff respectfully recommends adoption of this ordinance.

:Providlng Outstanding 2:lorougli Sen,,ices to tlie .Jl1atanus£a-Susitna Community.

Page 1 of 1


By: Introduced:

Public Hearing : Action:

MATANUSKA-SUSITNA BOROUGH

Alex Strawn September 16, 2019

October 7, 2019

PLANNING COMMISSION RESOLUTION NO. PC 19-22

A RESOLUTION OF THE MATANUSKA- SUSITNA BOROUGH PLANNING COMMISSION RECOMMENDING APPROVAL OF AN ORDINANCE MODIFYING A SPECIAL CONDITION OF THE MASS EXCAVATION INTERIM MATERIALS DISTRICT TO ACCOMMODATE THE GLENN HIGHWAY EXPANSION PROJECT.

WHEREAS, in 2014 the Borough Assembly adopted Ordinance 14-

106, establishing an interim materials district known as Mass

Excavation , located at 11375 E. Herman Road (Tax Account#

17N02E18D003) and codified within MSB 17.28.090(A) (8); and

WHEREAS, a non-code portion of ordinance 14-106 established

I,

special conditions for the operation ; and i! "

WHEREAS, special !, condition 15 of ordinance 14-106 requires

that the vegetated berm between the Glenn Highway and the area to

be extracted to remain undisturbed; and

WHEREAS, as part of the Glenn Highway expansion project, a

new frontage road is being developed that will disturb a portion

of the vegetative buffer, thereby creating a violation of special

condition 15; and

WHEREAS , this ordinance will allow a portion of the vegetative

buffer to be disturbed while maintaining the original intent of

Planning Commission Resolution PC 19-22

Adopted:

Page 1 of 2


Ordinance 14-106 by requiring visual screening of the Glenn highway

from the mining operation .

NOW , THEREFORE, BE IT RESOLVED, that the Matanuska- Susitna

Borough Planning Commission hereby recommends approval of an

Ordinance modifying a special condition of the Mass Excavation

interim materials dist rict to accommodate the Glenn highway

expansion pro j ect.

ADOPTED b y the Matanuska-Susitna Borough Plann i ng Commission

this day of , 20 19.

ATTEST

MARY BROD IGAN, Planning Clerk

(S EAL)

YES:

NO :

Planning Commission Resolution PC 19 - 22

Adopted:

COLLEEN VAGUE, Chair

Page 2 of 2


MATANUSKA-SUSITNA BOROUGH INFORMATION MEMORANDUM IM No . 19 -

SUBJECT : AN ORDINANCE OF THE MATANUSKA-SUSITNA BOROUGH ASSEMBLY MODIFYING A SPECIAL CONDITION OF THE MASS EXCAVATION INTERIM MATERIALS DISTRICT TO ACCOMMODATE THE GLENN HIGHWAY EXPANSION PROJECT.

AGENDA OF: November 19 , 2019 ASSEMBLY ACTION :

MANAGER RECOMMENDATION : Introduce and set for public hearing .

APPROVED BY JOHN MOOSEY, BOROUGH MANAGER:

Route To : Department/Individual Ini t ials Remarks

Oriqinator - A . Strawn

Planning Director

and Land Use

Finance Director

Borouoh Attorney

Borouqh Clerk

ATTACHMENT(S): Fiscal Note : YES NO X Ordinance Serial No. 19- (2 pp) Original Site Plan of I MO (1 pp) AKDOT & PF Map of Buffer changes (1 page) Ordinance 14 - 106 (6 pp) Planning Commission Resolution 19- 22 (2 pp)

SUMMARY STATEMENT :

In 2014 the Borough Assembly adopted Ordinance 1 4-106, establishing an interim materials district known as Mass Excavation, located at 11 375 E. Herman Road (Tax Account# 17N02E18D003) and codified within MSB 17.28.090(A) (8). A non-code portion of ordinance 14-106 established special conditions for the operation . Special condition 15 requires t hat the vegetated berm between the Glenn Highway and the area to be extracted to remain undisturbed .

Page 1 of 2 IM No. 19 -0rdinance Serial No. 19 -


As part of the Glenn Highway expansion project , a new frontage road is being developed that will disturb a portion of the vegetative buffer , thereby creating a violation of special condition 15 . This ordinance will allow a portion of the vegetative buffer to be disturbed while maintaining the original intent of Ordinance 14-106 by requiring visual screening of the Glenn highway from the mining operation .

RECOMMENDATION OF ADMINISTRATION:

Staff respectfully recommends adoption of this ordinance .

Page 2 of 2 IM No. 19 -0rdinance Serial No. 19-


NONCODE ORDINANC E Sponsored By : Introduced :

Public Hearing : Adopted :

MATANUSKA-SUSITNA BOROUGH ORDINANCE SERIAL NO. 19----

AN ORDINANCE OF THE MATANUSKA-SUSITNA BOROUGH ASS EMBLY MODI FYING A SPECIAL CONDIT I ON OF THE MASS EXCAVATION INTERIM MATERIALS DIS TRICT TO ACCOMMODATE THE GLENN HIGHWAY EXPANSION PROJECT .

WHEREAS, the intent and rationale of this ordinance are found

in accompanying Informational Memorandum No . XX.

BE I T ENACTED:

Section 1 . Classification . This Ordinance is a noncode

ordinance.

Section 2 . Deletion and replacement of special condi t ion .

Section 15 of section 3 of Ordinance 14 - 106 is hereby deleted and

replaced as follows :

[ 1 5. THE VEGETATED BERM BETWEEN THE GLE NN HIGHWAY AN D THE

AREA TO BE EXTRACTED SHALL REMAIN UNDISTURBED . ]

15. A combination of vegetated buffer and berm shall be

maintained in order to visually buffer the operation from the

Glenn Highway.

Section 3. Effective Date . This ordinance shall take effect

upon adoption .

ADOPTED by the Matanuska - Susitna Borough Assembly this

day of Page 1 of 2

, 2019 . Ordinance Serial No. 19-

IM No. 19 -


ATTEST :

LONNIE R. McKECHNIE, CMC, Borough Clerk

(SEAL)

Page 2 of 2

VERN HALTER, Borough Mayor

Ordinance Serial No. 19-IM No. 19-


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CODE ORDINANCE Sponsored by: Introduced:

Public Hearing: Adopted:

MATANUSKA-SOSITNA BOROUGH ORDINANCE SERIAL NO. 14-106

Borough Manager 08/05/14 08/26/14 08/26/14

AN ORDINANCE OF THE MATANUSKA-SUSITNA BOROUGH ASSEMBLY AMENDING MSB 17. 28. 090 (A), ADDING AN INTERIM MATERIALS DISTRICT KNOWN AS MASS EXCAVATION, LOCATED AT 11375 EAST HERMAN ROAD; MSB TAX ACCOUNT NO. 17N02El8D003; WITHIN TOWNSHIP 17 NORTH, RANGE 2 EAST, SECTION 18, SEWARD MERIDIAN.

WHEREAS, the rationale and intent of this ordinance are

found in IM No , 14-160 which accompanies this ordinance; and

WHEREAS, an application for an interim materials district

(IMO) was submitted by Mass Excavation for Sawby, LLC.

requesting to remove earth materials from 11375 East Herman

Road, MSB Tax Account No. 17N02E18D003, within Township 17

North, Range 2 East, Section 18, Seward Meridian; and

WHEREAS, it is the intent of the Borough to recognize the

value and importance of promoting the utilization of natural

resources within its boundaries; and

WHEREAS, the purpose of MSB 17.28 is to establish an

Interim Materials District within tqe Borough to allow resource

extraction activities as an interim use of land while promoting

the public health, safety, order, prosperity, and general

welfare of the Borough through regulation of land use to reduce

the adverse impacts of land uses and development between and

among properties; and

Page 1 of 6 Ordinance Serial No. 14-106 IM No. 14-160


WHEREAS, it is the further purpose of MSB 17 . 28 to promote

compatible and orderly development; and

WHEREAS, the Planning Commission has reviewed this

application, associated materials and the staff report, with

respect to standards set forth in MSB 17.28; and

WHEREAS, the Planning Commission conducted a public hearing

on May 19, 2014, regarding this IMD request; and

WHEREAS, the Planning Commission found that the proposed

IMD is compatible with the goals and objectives of the Core Area

Comprehensive Plan (2007) Update; and


IMD does not negatively affect public health, safety~ or general

welfare; and


IMD has met the site development standards of MSB 17.28

including compliance with all required local, state, and federal

laws; and

WHEREAS, on May 19, 2014 , the Planning Commission adopted

Resolution Serial No. 14-lO(AM) recommending approval of the

interim materials district .

BE IT ENACTED:

Section 1. Classification. Sections 1, 3, and 4, are

non-code, Section 2 of this ordinance is of a general and

permanent nature and shall become part of the Borough Code.

E'age 2 of 6 Ordinance Serial No. 14-106 IM No. 14-160


Section 2 . Amendment of subsection . MSB 17.28 . 090(A)is

hereby amended as follows:

(8) hiass Excavation, within Township 17 North,

Range 2 East l Section 18, Seward Meridian, and more

specifically described as:

The Southwest 1/4 of the Southeast 1/4, Section

18, Township 17 North, Range 2 East, of the Seward

Meridian containing 40 acres more or less, and from.

the Southeast corner of the Northeast 1/4, of

Southwest 1/4, Section 18, Township 17 North, Range 2

Ea.stc, thence North 52 .2 feet to a point which is

designated as Corner Number 1 or POINT OF BEGINNING

being 100 feet from center of Alaska Railroad right

of-way; thence South 859.5 feet; thence West 659.2

feet to a point 100 feet from canter of Alaska

Rail.road right-of-way; thence following iu.aska.

Railroad right-of-way in a Northeasterly direction to

Corner Number 1 or POINT OF BEGINNING, containing 6.44

acres more or 1ess, as is.

Section 3. Special Conditions. The approved IMO shall be

subject to the following conditions:

1. The owner and/or operator shall comply with all other

applicable federal, state, and local regulations .



2 . If the material extraction operation expands or

alters, an amendment to the IMD shall be required.

3. The operation shall comply with the maximum

permissible sound level limits allowed in MSB Code, per the

requirements of MSB 17.28.060(A) (5) (a) Site Development

Standards and MSB 8.52 - Noise, Amplified Sound, and Vibration.

4. Extraction activities shall be limited to 7 a.m. to

7 p.m~·, Monday through Saturday.

·s. Herman Road · shall · be maintained by the permittee

during periods of active :extraction in · a manner that keeps the

road surface free · of washboard conditions and potholes.

6. If cultural 'remains · are . found . during material

extraction activities, contact the . Matanuska-Susitna Borough

Cultural Resources Division ·so:that they.may be documented.

7. Any hazardous materials, drips, leaks, or spills .shall

·oe promptly attended to and properly treated.

8. The owner shall submit to the Planning Department a

geotechnical investigation that documents the seasonal high

water table elevation prior to earth material extraction

activities with this IMD.

9. Groundwater elevation shall be measured biannually

(either mid-summer and fall or fall and late-winter) and

reported to the Planning Department.



10. A four-foot vertical separation shall be maintained

between all excavations and the seasonal high water table.

11 . The applicant or operator shall comply with

reclamation standards required by MSB 17.28.067.

12. The Alaska Department of Natural Resources bond shall

be updated as needed.

13. Reseeding of reclaimed areas shall utilize certified

seed suitable · for Alaska conditions that is free of noxious

weeds or undesirable plant species identified in 11 AAC 34.020,

Prohibited and Restricted Noxious Weeds.

14. Screening on the eastern perimeter of the parcel will

be achieved with . a 25-foot vegetated buffer and berms no less

than 10-feet in height.

15. The vegetated berm between the GleI1n Highway and the

area to be extracted shall remain undisturbed.

16. Illumination devices shall be mounted no taller than

20-feet in height and shall utilize downward directional

shielding devises.

17. Borough staff shall be permitted to enter onto any

portion of the property and to inspect the site or any equipment

associated with mining activities .

18. When and if the Glenn Highway reconstruction project

is funded, the applicant shall submit a revised site plan

Page S of 6 Ordinance Serial No. 14-106 IM No. 14-16D


showing the new access to the property based on the highway

redesign.

19. The permittee shall be required to obtain new driveway

permits from the Alaska State Department of Transportation and

Public Facilities or the Borough, or whatever is applicable, for

any new access points.

20. The operation shall not generate more than

750 vehicles per . day, .without first obtaining a core area

conditional use permit.

21. All activity shall be ~onducted in compliance with

stute or federal regulations governing the items listed in

MSB 17.28.040(8)(1), 17;28.040(B)(2), and 17.28.040(B)(3).

Section 4. Effective date.

effect upon adoption.

This ordinance shall take

ADOPTED by the Matanuska-Susitna Borough Assembly this

26 day of August, 2014.

ATTEST:

PASSED UNANIMOUSLY:

Page 6 of 6

LARR Mayor

{SEAL) CMC, Borough Clerk

Sykes, Beckr Arvin, Colligan, Salmon, Colver, and Halter

Ordinance Serial No. 14-106 IM No. 14-160


COMMISSION BUSINESS

2020 Planning Commission Meeting Schedule Upcoming PC Agenda Items

( - 212)

COMMISSION BUSINESS


Approved:

Planning Commission Regular MeetingsPlanning Commission Agenda Items Due Packet Items Due

Meeting Date Cut-Off Date 5 P.M. Cut-Off Date 5 P.M.Monday, January 6, 2020 Monday, December 16, 20191 Wednesday, December 18, 2019Monday, January 20, 2020 Monday, January 6, 2020 Wednesday, January 8, 2020Monday, February 3, 2020 Monday, January 20, 2020 Wednesday, January 22, 2020Monday, March 2, 2020 Friday, February 14, 20202 Wednesday, February 19, 2020Monday, March 16, 2020 Monday, March 2, 2020 Wednesday, March 4, 2020Monday, April 6, 2020 Monday, March 23, 2020 Wednesday, March 25, 2020Monday, April 20, 2020 Monday, April 6, 2020 Wednesday, April 8, 2020Monday, May 4, 2020 Monday, April 20, 2020 Wednesday, April 22, 2020Monday, May 18, 2020 Monday, May 4, 2020 Wednesday, May 6, 2020Monday, June 1, 2020 Monday, May 18, 2020 Wednesday, May 20, 2020Monday, June 15, 2020 Monday, June 1, 2020 Wednesday, June 3, 2020Monday, July 6, 2020 Monday, June 22, 2020 Wednesday, June 24, 2020Monday, July 20, 2020 Monday, July 6, 2020 Wednesday, July 8, 2020Monday, August 3, 2020 Monday, July 20, 2020 Wednesday, July 22, 2020Monday, August 17, 2020 Monday, August 3, 2020 Wednesday, August 5, 2020Monday, September 21, 2020 Friday, September 4, 20203 Wednesday, September 9, 2020Monday, October 5, 2020 Monday, September 21, 2020 Wednesday, September 23, 2020Monday, October 19, 2020 Monday, October 5, 2020 Wednesday, October 7, 2020Monday, November 16, 2020 Monday, November 2, 2020 Wednesday, November 4, 2020Monday, December 7, 2020 Monday, November 16, 20204 Wednesday, November 18, 2020Monday, December 21, 2020 Monday, December 7, 2020 Wednesday, December 9, 2020Monday, January 4, 2021 Monday, December 14, 20205 Wednesday, December 16, 2020

1 Due to Christmas 20192 Due toPresident's Day Holiday (2/17/20)3 Due to Labor Day 20204 Due to Thanksgiving 20205 Due to Christmas 2019

Joint Assembly/Planning Commission MeetingsAssembly/Planning Commission Finance Agenda

Meeting Date Cut-Off Date 5 P.M. Cut-Off Date 5 P.M.Tuesday, March 24, 2020 Wednesday, March 11, 2020 Friday, March 13, 2020

Tuesday, October 13, 2020 Wednesday, September 30, 2020 Friday, October 2, 2020

MATANUSKA-SUSITNA BOROUGH PLANNING COMMISSIONRegular Meeting Schedule for 2020



350 East Dahlia Avenue Palmer, AK 99645 Phone (907) 861-7833 Fax (907) 861-7876

Email: [email protected]

MEMORANDUM DATE: September 27, 2019

TO: Planning Commissioners

FROM: Eileen Probasco, Director of Planning and Land Use

SUBJECT: Items tentatively scheduled for future PC Meetings or Administrative Actions and Updates on PC items sent to the Assembly

October 21, 2019 (MSB Assembly Chambers) Introduction for Public Hearing Quasi-Judicial

(None) Introduction for Public Hearing Legislative

(None) Agency/Staff Reports

(None) Land Use Classifications

(None) Public Hearing Quasi-Judicial

(None) Public Hearing Legislative

(None) Unfinished Business

(None) New Business

(None) Commission Business

• Adjudicatory (if needed) • Upcoming Planning Commission Agenda Items (Staff: TBD)


mailto:[email protected]

November 4, 2019 (MSB Assembly Chambers – Front Half) Introduction for Public Hearing Quasi-Judicial

(None) Introduction for Public Hearing Legislative

(None) Agency/Staff Reports

(None) Land Use Classifications

(None) Public Hearing Quasi-Judicial

(None) Public Hearing Legislative

(None) Unfinished Business

(None) New Business

(None) Commission Business

• Adjudicatory (if needed) • Upcoming Planning Commission Agenda Items (Staff: TBD)

Upcoming PC Actions Quasi-Judicial

• Alaskan Car Crushing – Junkyard CUP Modification, 6919000L001 and L002. (Staff: Mark Whisenhunt)

• D&S Alaskan Trail Rides, Inc. – Denali SpUD, 29N05W33D012 and 29N05W33D0028. (Staff: Joe Metzger)

• Foremost Construction – Earth Materials Extraction, 18N02W23B002. (Staff: Joe Metzger)

• Nu Aspen LLC – Talkeetna SpUD, 5352B12L014A. (Staff: Joe Metzger) • Nu Aspen LLC – Regulation of Alcoholic Beverages, 5352B12L014A. (Staff: Joe

Metzger) • Green Raven – Marijuana Retail Facility, 17N02W11A013. (Staff: Joe Metzger) • Alpine Creek Lodge – Regulation of Alcoholic Beverages, U0578000L00. (Staff:

Joe Metzger)


Legislative • Title 17 Consolidation (Staff: Eileen Probasco) • Subdivision Construction Manual Update (Staff: Fred Wagner) • Onsite Consumption (Staff: Alex Strawn) • Driveway Standards (Staff: Alex Strawn)

Other Upcoming Administrative Actions (Not going to the PC) • Vertical Bridge-GCI – Admin Network Improvement Permit (NIP);

3471000T00A-1. (Staff: Joe Metzger) • Aldeman – Multifamily Permit; 17N01W18B011. (Staff: Joe Metzger) • Eklutna Hydro Tower – Tall Tower Permit; 16N02E18. (Staff: Joe Metzger) • Echo Lake Woods – Nonconforming Structures, 7621B01L006. (Staff: Joe

Metzger) • Birdsell #1 – Nonconforming Structures, 6040B03L016. (Staff: Joe Metzger) • Donald Patterson – Multifamily Development Permit, 1009B02L011. (Staff: Adam

Bradway) • Narvaez - Nonconforming Structures, 1658B04L005. (Staff: Joe Metzger) • Big Cove - Nonconforming Structures, 6033000T00B. (Staff: Joe Metzger) • Hinderman - Nonconforming Structures, 6043B01L006. (Staff: Joe Metzger) • Alford - Nonconforming Structures, 19N04E12C006. (Staff: Joe Metzger) • Wasilla Creek Commons – Multifamily Development, 6823000T00A. (Staff: Adam

Bradway) • Carefree Acres – Multifamily Development Permit, 1009B02L011. (Staff: Adam

Bradway) ______________________________________________________________________________ PC Decisions Currently Under Appeal

• Resolution 18-30, a Conditional Use Permit (CUP) in accordance with MSB 17.60 – Conditional Uses; allowing the operation of a junkyard/refuse area, located at 743 West Sunrise Drive (Tax ID#: 640500l006); within Township 18 North, Range 2 West, Section 33, Seward Meridian. Appealed to Alaska Superior Court. (Applicant: Dewayne Creech for Creech’s Junkyard, Staff: Mark Whisenhunt)

• Resolution PC 19-17, a Conditional Use Permit in Accordance with MSB 17.60 – Conditional Uses; allowing for the operation of a marijuana retail facility, located at 1204 N. Hyer Spur (Tax ID# 7775000L002); within Township 17 North, Range 1 East, Section 4, Seward Meridian. Appealed to the BOAA. Planning Commission decision upheld by BOAA September 11, 2019. (Applicant: Teri Zell, on behalf of Higher By Bad Gramm3r, LLC; Staff: Joe Metzger)

• Resolution PC 19-18, a conditional use permit in accordance with MSB 17.30, Conditional Use Permit for Earth Material Extraction, located at 56218 S. Parks Highway (Tax ID# 22N04W06B003); within Township 22 North, Range 4 West, Section 6, Seward Meridian. A CUP would allow for the removal of approximately 1,000,000 cubic yards of earth materials through 2029. Appealed to the BOAA. (Applicant: Emily McDonald on behalf of Don Jean Pit, Staff: Joe Metzger)


Updates on PC items going to the Assembly (Pending)

(None) Updates on PC items that went to the Assembly (Complete)

Planning Commission Assembly Reso ORD/Reso # IM

Resolution PC 19-12, recommending Assembly adoption of the Asset Management Plan: Natural Resources Management Units, its Land Use Designation and Classifications, and Amending MSB 15.24.030, Comprehensive Plan and Purposes. (Staff: Emerson Krueger)

ORD # 19-097 IM 19-128

Actions: 04/15/19 – PC Introduction 06/03/19 – PC Public Hearing – Failed 08/06/19 – Assembly Introduction – Pulled at Agenda Setting 10/01/19 – Assembly Introduction 10/15/19 – Assembly Public Hearing
