Prepared by: For reading. Anchorage, Alaska AR

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1 2 3 4 5 6 7 8 9 1 11 12 13 14 15 16 17 18 19 2 21 22 23 24 25 26 27 28 29 3 CLERK'S OFFICE AME":DD AD APPROVED Submitted by Prepared by: For reading Anchorage,

22 A RESOLUllON OF 1HE ANCHORAGE MUNICIPAL ASSEMBLY APPROVING A CONDmONAL USE FOR AN ALCOHOUC BEVERAGES CONDmONAL USE IN THE B-3 DISTRICT FOR A PACKAGE STORE r UCENSE

NORIHGA1'E BUSINESS PARK (CASE S- 1837); GENERALLY UDCA1ED ON THE NORTHEAST CORNER OF NORIHGATE DRIVE AND OLD GlENN ldghway.

The conditional use pennit for an Alcoholic Beverages Conditional Use in the B- District for a Package Store License per AMC 21.4.18D.8, for Fred Meyer.

The conditional use permit is for a 2,525 square-foot package store, located behind the the southwest entrance of the 169,766 square-foot Fred Meyer groceryretail

The conditional use pennit is approved subject to the following conditions A notice of Zoning Action shall be filed with the District Recorders Office within 12 days

All uses shall confonn to the plans and narrative submitted, 32 33 34 35 36 37 38 39 3.

1 CLERK'S OFFICE AME":DD AD APPROVED Submitted by Prepared by: For reading Anchorage, Alaska AR Chair of the Assembly at the Request of the Mayor Planning Dent March A RESOLUllON OF 1HE ANCHORAGE MUNICIPAL ASSEMBLY APPROVING A CONDmONAL USE FOR AN ALCOHOUC BEVERAGES CONDmONAL USE IN THE B-3 DISTRICT FOR A PACKAGE STORE r UCENSE PERAMC SO.D.8. FOR FRED MEYER,. LOCA1ED ALASKA ON PROPOSED TRACT ID. NORIHGA1'E BUSINESS PARK (CASE S- 1837); GENERALLY UDCA1ED ON THE NORTHEAST CORNER OF NORIHGATE DRIVE AND OLD GlENN ldghway. (Chugiak Community Council) (Case 2OO2'(w),'c.'1 ' - - '-I.. THE ANCHORAGE ASSEMBLY RESOLVES Section 1. The conditional use pennit for an Alcoholic Beverages Conditional Use in the B- District for a Package Store License per AMC D.8, for Fred Meyer., located on proposed Tract ID, Northgate Business Park Subdivision (case S-1837), meets the applicable provisions ofamc and AMC Section 2. The conditional use permit is for a 2,525 square-foot package store, located behind the the southwest entrance of the 169,766 square-foot Fred Meyer groceryretail store on proposed Tract ID, Northgate Business Park Subdivision (case S-I837). Section 3. The conditional use pennit is approved subject to the following conditions A notice of Zoning Action shall be filed with the District Recorders Office within 12 days of the Assembly's approval of a fmal conditional use approval for a package store in the B-3 District. At asko All uses shall confonn to the plans and narrative submitted, The applicant shall demonstrate compliance with a Liquor "Server Awareness Training Program" approved by the State of Alaska Alcoholic Beverage Control Board, such as or similar to the program for Techniques in Alcohol Management (T.A.M.). 4 The use of the property by any person for the permitted purposes shall comply with all current and future federal, state and local laws and regulations including but not limited to laws and regulations pertaining to the sale, dispensing, service and consumption of alcoholic beverages and the storage, preparation, sale, service and consumption of food. The owner of the property, the I icensee under the Alcoholic Beverage Control Board AM

AR 22- Page 2 1 2 3 4 5 6 7 8 9 1 11 12 13 14 15 16 17 18 19 2 21 22 23 24 25 26 license and their officers, agents and employees shall not knowingly pennit or negligently

A copy of the conditions imposed by the Assembly in connection with this conditional use approval shall be maintained on the premise involved at a location visible to the

Site Plan as revised and approved by the Planning Department to reflect conditions of approval from site plan review case 22-5.

2 AR 22- Page license and their officers, agents and employees shall not knowingly pennit or negligently fail to prevent the occurrence of illegal activity on the property. 5. A copy of the conditions imposed by the Assembly in connection with this conditional use approval shall be maintained on the premise involved at a location visible to the public. 6 The approved conditional use is reflected on the following plans: a. b. Site Plan as revised and approved by the Planning Department to reflect conditions of approval from site plan review case Proposed Fixture Plan for Proposed Eagle River Fred Meyer, dated 22 Jan 2. Section 4. Failure to comply with the conditions of this conditional use permit shall constitute grounds for its modification or revocation. Section 5. This resolution shall become effective immediately upon passage and approval by the Anchorage Assembly. AlTEST AND APPROVED by the Anchorage Assembly this.22. c@".. L- 9daYOf (22-6) ( and 4)

3 '1 'DC ::143(5-2) Iopment Area c DC S-1

MUNICIPALITY OF ANCHORAGE ASSEMBLY MEMORANDUM No. AM 241-22 Meeting Date: March 19.

1 2 3 4 5 6 7 8 9 1 11 12 13 14 15 16 17 18 19 2 21 22 23 24 25 26 27 28 29 3 31 32 33 34 35 Fred Meyer. Inc.

Tract ID (case S-1837). This store will include grocery. retail. package liquor store. and fuel retail. The package liquor store comprises less than 1.5% of the total retail area. or approximately 2.

8 linear feet of shelving. The package liquor store has its own controlled entry. and will be located behind the southwest public entrance.

4 MUNICIPALITY OF ANCHORAGE ASSEMBLY MEMORANDUM No. AM Meeting Date: March From: Mayor Subject: AR Alcoholic Beverages Conditional Use in the B-3 District for a Package Store per AMC D.8 for Fred Meyer. Inc Fred Meyer. Inc. has made application for a new conditional use pennit for an alcoholic beverages conditional use in the B-3 District for a package store per AMC D.8 for its new store on proposed Northgate Business Park Subdivision. Tract ID (case S-1837). This store will include grocery. retail. package liquor store. and fuel retail. The package liquor store comprises less than 1.5% of the total retail area. or approximately square feet. within the total square feet of retail space. The package liquor store includes a retail area. walk in cooler. and liquor storage. containing approximately 1.8 linear feet of shelving. The package liquor store has its own controlled entry. and will be located behind the southwest public entrance. Sale of alcoholic beverages is expected to be 3% of the total sales of the main store. The application for the transfer of a package store license from the former Eagle River Alaska Marketplace store will be submitted to the ABC Board. There were seventy-five (75) public healing notices mailed. Two were returned. both returned undeliverable. No response to date has been received from the Chugiak Community Council. After review of this proposal, the Department of Health and Human SelVtces finds no negative comments or impacts. Alaska Statue Restriction Of Location Near Churches And &hools provides that a package store license may not be located in a building with a public entrance within 2 feet of a school ground or church building, measured by the shortest pedestrian route from the outer boundaries of the school ground or the public entrance of the church building. Fire Lake ElementaIY School is located on the tract abutting the east of the petition site, and is over 2 feet from the proposed store. The petitioner measured the distance to the school from the petition site, and reports that the front door of the proposed Fred Meyer store is approximately 2,3 feet from the Fire Lake ElementaIY School property. The petitioner also reports that the pedestrian route from the front door of the proposed Fred Meyer liquor store to the front door of the Fire Lake Recreational CenterMcDonald Hockey Rink near the school is approximately 4,9 feet. The nearest childcare center is located within Fire Lake Elementary School. Department of Health and Human Services (DHHS) Child and Adult Care AR 22-77

Assembly Memorandum AR 2277 Page 2 2 3 4 5 6 Ucensing Division noted that for at least the last two to three summers, Eagle River Parks and Beautification has operated its licensed summer day camp at

DHHS Child and Adult Care licensing noted that the impact of the proposed package liquor store would appear to be minimal on these children. There are no locational regulations in the Municipal Code.

The Anchorage Police Department investigation of licensed liquor establishments for Fred Meyer. Inc. reported no significant criminal history in local police files.

feet of this application, there are two restauranteating place licenses and one beverage dispensary license.

5 Assembly Memorandum AR 2277 Page Ucensing Division noted that for at least the last two to three summers, Eagle River Parks and Beautification has operated its licensed summer day camp at this school. It is a summer program only and is for school aged children. DHHS Child and Adult Care licensing noted that the impact of the proposed package liquor store would appear to be minimal on these children. There are no locational regulations in the Municipal Code ' ' 1' ' There are no delinquent Real Property or Personal Property taxes owing for this location. The Anchorage Police Department investigation of licensed liquor establishments for Fred Meyer. Inc. reported no significant criminal history in local police files. and reported no incidents occurring within one year prior to date of the application. Within 1, feet of this application, there are no alcohol licenses. Within 3. feet of this application, there are two restauranteating place licenses and one beverage dispensary license. The license for this location is from a former liquor store that was operating in Eagle River. There are eight alcohol licenses in these two Council areas, with four package store licenses, two club licenses, one restauranteating place license and one beverage dispensary license, all located well north of the petition site along North Birchwood Loop, and the Old Glenn Highway both around and north of North Birchwood Loop. This equals one package store license per 1,118 residents. Approving this package store conditional use and the transfer of ownership package store license would add a fifth package store license within these Council areas, but there are no alcohol licenses within a I,OOO-foot radius of the petition site. This conditional use for alcoholic beverages in the B-3 District for a package store generally meets the required standards of Title 21. Reviewed bvt -411 Harry J. Ridling Jr. Municipal Manager Craig E. Campbell. Executive r""1 Director Planning. Development and Public Works

PLANNING DEPARTMENT STAFF ANALYSIS CONDITIONAL USE - ALCOHOLIC BEVERAGE SALES DATE: March 19, 22

: 22- APPLICANT: REPRESENTATIVE: REQUEST: LOCATION: STREET ADDRESS: COMMUNI TV COUNCIL: Fred

Dorsey & Whitney, LLP Conditional Use for an Alcoholic Beverages Conditional Use in the B-3

Tracts I-B and 4 (proposed Northgate Business Park Tract ID, approximately 18.

Glenn Highway. NA Chugiak TAX PARCEL: 51-361-45 and 4 ATTACHMENTS RECOMMENDATION Approval 1.

6 PLANNING DEPARTMENT STAFF ANALYSIS CONDITIONAL USE - ALCOHOLIC BEVERAGE SALES DATE: March 19, 22 CASE NO.: 22- APPLICANT: REPRESENTATIVE: REQUEST: LOCATION: STREET ADDRESS: COMMUNI TV COUNCIL: Fred Meyer of Alaska, Inc. Dorsey & Whitney, LLP Conditional Use for an Alcoholic Beverages Conditional Use in the B-3 District for a Liquor Package Store per AMC BO.D.B Northgate Business Park Subdivision, Tracts I-B and 4 (proposed Northgate Business Park Tract ID, approximately acres per case ), generally located on the northeast comer of Northgate Drive and Old Glenn Highway. NA Chugiak TAX PARCEL: and 4 ATTACHMENTS RECOMMENDATION Approval 1. Location Map 2. Departmental Comments 3. Application 4. Posting Affidavit 5. Histortcal Infonnation SUMMARY: SITE: Acres: Vegetation: Zoning: acres per proposed plat. case (2.4 acres via existing plat) Approved landscape plan for Large Retail Establishment per case 22-5 B-3 t)t)l

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Ḋ. CASE NUMBER: 22-6 I, Sherri Caddell hereby certify that I have posted a Notice of Public Hearing as prescribed by

The notice was posted on Fh- 1, 22. which is at least 21 days prior to the public hearing on this petition.

$xx I-B and_tract 4 Block- Subdivision Northate Business Park jiw G:\CPORMP.DOC Sworn to before me. n!d", }}I1A.$

8 Ḋ. CASE NUMBER: 22-6 I, Sherri Caddell hereby certify that I have posted a Notice of Public Hearing as prescribed by Anchorage Municinal Code on the th I ha.. ed conditional use permit'"",. property at ve petition lor pa,.kg f"ntp-. The notice was posted on Fh- 1, 22. which is at least 21 days prior to the public hearing on this petition. I acknowledge this Notice(s) must be posted in plain sight and displayed until all public hearings have been completed. Affinned and signed this 11th of LEGAL DESCON j j,".. ",1...t Signature L )L::gL.. Tract w.xx I-B and_tract 4 Block- Subdivision Northate Business Park jiw G:\CPORMP.DOC Sworn to before me. n!d", }}I1A...ol Notat; n )at fo-rri;ska My commission expires: e:.2-'l'd5 n53

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I - Municipality of Anchorage MUNICIPAL CLERKS OFFICE Agenda Document Control Sheet,2 1

;:;'7 cohc:>lic Beverage Conditional Use :3 OAO BAR B AM OAI fa DJ.strJ.

;'i: north_t corner of Northgate Dr:ive d,:o!4i Glenn HJ.ghway...,:;',,.

$Y I'AE BY.c. \ - - Angela C. Chambers ;.1 343-4215. 4 '" '5 IT.$ $& I ' i - Wat8r & W 8ste-.W iiiiy '" a88f CMbr :, - Are -.,--- I H88IIh & Hwnen 1.a.3 &P\dc WoM,; '2' Development Sefvk;8 [!$

14 I - Municipality of Anchorage MUNICIPAL CLERKS OFFICE Agenda Document Control Sheet, Fred Meyer, Inc. Conditional Use for aij.:!;:;'7 cohc:>lic Beverage Conditional Use :3 OAO BAR B AM OAI fa DJ.strJ.ct for a Package Store r AMC,!,",,' D. 8; generally located on te:;'.;'i: north_t corner of Northgate Dr:ive d,:o!4i Glenn HJ.ghway...,:;',,.; (Chugiak Community Council) ",;1,.'-.,, '", (Case 22-6),:', ' , ';.'.', :an- D:- -.i,cdii Planning Department. - ". c ",'L:.' - EPE NTW.c. c THE PE THE DOCUMENT WAS ACIUAU. Y I'AE BY.c. \ - - Angela C. Chambers ; '" '5 IT. & I ' i - Wat8r & W 8ste-.W iiiiy '" a88f CMbr :, - Are -.,--- I H88IIh & Hwnen 1.a.3 &P\dc WoM,; '2' Development Sefvk;8 [!1'j.:;! Planning I -J:Jl'-o :::==== " DepaItn8rJt ng MUniCIP81 l4iromey MuniclP81 au f! Pre-advertised for 3JJO2 Assembly Meeting 6 7 '7k --- eft8., 89i

ANCHORAGE, ALASKA AR No

Submitted by: Chair of the Assembly at the Request of the Mayor Prepared by: Municipal Clerk s Office and Planning Department For reading: April 25, 2017 ANCHORAGE, ALASKA AR No. 2017-144 1 2 3 4 5 6 7