Draft Title 21, Module 2 Comments:

Ryan Stencel

345-4316

e-mail: AKStenc@aol.com

Member, Citizen’s Advisory Committee

President, Huffman/O’Malley Community Council

General Comments and Discussion:

It should be noted that some standards such as buffering won’t be addressed until Module 3, Subdivision and Design Standards.

Should not implement the new code until district plans are done to protect the intent of district plans and neighborhood characteristics that may need protection via overlay zone or ordinance before enactment of new code.

More like HOA covenants than code, i.e. color of shed roof must match house, etc. When writing this code, need to keep foremost in mind private property rights, unique character of Anchorage, etc. Anchorage is not like other cities and we like it that way.

Why create the new Neighborhood Mixed Use, Community Commercial Mixed Use, Regional Commercial Mixed Use, Residential Mixed Use, Airport Development, or Open Lands? Seems this same thing could be accomplished with an overlay district and avoid the complications and expense of rezoning.

All the switching etc. creates way too many nonconforming properties, essentially the entire Anchorage bowl. This creates major problems for many years for the planning department, people buying and selling property, etc. Would seem to be better to stay within existing zoning district designations as much as possible to eliminate the number of rezones, etc.

Although I could not find it, apparently Title 21 requires garages on all new construction? This should not be code for many reasons.

Current code has 30% lot coverage in most districts, this needs to be continued unless there is compelling reason to raise the allowed percentage of coverage.

I have great concerns over dormitories, rooming houses, rehabilitation facilities, halfway houses, etc. and there needs to be a dedicated and thorough discussion regarding these uses and districts.

Effects on lot sizes (did not compare setbacks, yard-space, floor area ratio or maximum height):

NOTE: Current code is 30% lot coverage and that should be continued.

R-1 Single-Family Residential (urban and suburban, areas with low population densities)

Existing- 6000 sq. ft. min., 50’ lot width

Creates- residential uses: 6,000 sq. ft, 50’ width

All other uses: 10,000 sq. ft., 70’ lot width

R-1A Single-Family Residential (urban and suburban, areas with low population densities)

Existing- 8400 sq. ft., 70’ lot width

Creates- Deleted, combined with R-1, thus min. lot decreases to 6,000 sq. ft.

R-2 Does not exist in code, creation will be consolidation of R-2A and R-2D

Creates- Single family or duplex 6,000 sq. ft., 50’ width, 40% lot coverage

Single family attached* 3500 sq. ft., 35’ width, 35% lot coverage

All other uses 10,000 sq. ft., 70’ width, 40% lot coverage

* what is a single family attached? Attached to what?

Effects on R-2A, R-2D and R-2M – all are combined into new R-2 district, minimum lot sizes drastically decrease except R-2M single family which is the default measurement for the new code.

R-2A Two-Family Residential (low density urban and suburban)

Existing- Single Family: min. 7200 sq. ft, 60’ lot width

Two-family: min. 8400 sq. ft., 70’ lot width

R-2D Two-Family Residential (low density urban and suburban)

Existing- Single Family: min. 8400 sq. ft., 50’ lot width

Two-Family: min. 6000 sq. ft., 50’ lot width

R-2M Multiple-Family Residential (medium-density urban and suburban)

Existing- single family or duplex minimum 6000 sq. ft., 50’ lot width

3-family 8500 sq. ft

4-family 11,000 sq. ft.

5-family 13,500 sq. ft.

6-family 16,000 sq. ft.

7-family 18,000 sq. ft.

8-family 20,000 sq. ft.

R-3 Multiple-Family Residential (urban and suburban single, two and three family)

Existing-One, two, or three-family 6000 sq. ft., 50’ lot width

Five or more families 8,500 + 1,000 sq. ft. for each dwelling unit over 5, 75’ lot width

Creates a 10,000 sq. ft. maximum size (why?) Single-family attached or townhouse decreases to 3,000 sq. ft. 35’ width, 40’ on corners, townhouse 25’. All other uses 10,000 sq. ft., 70’ width

R-4 Multiple-Family Residential (urban multi-family, medium to high density and uses and structures to serve governmental, educational, religious, noncommercial recreational, and other needs of the area)

Existing- One through six families 6,000 sq. ft., 50’ lot width

7-family 8,500 sq. ft., 75’ width

8-family 9,250 sq. ft., 75’ width

9-family 10,000 sq. ft. 75’ width

10-family 10,750 sq. ft., 75’ width

Apartment buildings for 11 or more families by calculation

Creates-Townhouses 3,000 sq. ft., 20’ width, 50% lot coverage

Multi-family 6,000 sq. ft., 50’ width, 50% lot coverage

All other uses 10,000 sq. ft., 70’ width, 70% coverage

R-5 Rural Residential (encourage all types of residential development while at the same time retaining a low population density…to protect and encourage the rural lifestyle…)

Existing-Single-family or mobile home 7,000 sq. ft., 50’ width

Two-family 13,000 sq. ft., 100’ width

Three-family 19,000 sq. ft., 100’ width

Four-family 25,000 sq. ft., 100’ width

Five or more families 30,000 + 5,000 sq. ft. for each unit over 5, 150’ width

Creates- single family or mobile home 43,560 sq. ft., 150’ width, 20% lot coverage

Duplex 87,120 sq. ft., 150’ width, 20% coverage

All other uses 43,560 sq. ft., 150’ width, 20% lot coverage

R-5A Rural Residential (encourage all types of residential development while at the same time retaining a low population density…to protect and encourage the rural lifestyle…)

Existing-Single-family or mobile home 43,560 sq. ft., 150’ width

Two-family 87,120 sq. ft., 150’ width

Three-family 130,680 sq. ft., 200’ width

Four-family 174,240 sq. ft., 250’ width

Five or more families 217,800 + 43,560 sq. ft. for each unit over 5, 250’ width

Eliminated, would become simply R-5

R-6 Suburban Residential (large lot, low density, encourage low-density at same time protecting and enhancing those physical and environmental features which add to the desirability of suburban residential living).

Existing-Single-family or mobile home 54,450 sq. ft., 150’ width

Two-family 108,900 sq. ft., 200’ width

Three-family 163,350 sq. ft., 250’ width

Four-family 217,800 sq. ft., 300’ width

Five or more families 217,800 + 43,560 sq. ft. for each unit over 5, 350’ width

Created- Single family 43,560 sq. ft., 150’ width, 20% coverage

Duplex 87,120 sq. ft. 200’ width, 20% coverage

All other uses 43,450 sq. ft., 150’ width, 20% coverage

On most properties 150’ width cannot be met without including ROW in calculation as it is currently.

1-1/4 acre minimum dropped to less than one acre (54,000 to 43,000 sq. ft.). Effect will be a 25% increase in density. Part of this is because ROW will no longer be used in calculation of lot size (concern with this in later discussion). It also drops square footage for a duplex to 1.5 acres rather than current 2.5 (from 109,000 to 87,000 sq. ft.) This is a dramatic increase in density (5-acre tracts would now have 3 duplexes instead of 2.)

R-7 Intermediate Rural Residential ( low-density…intended for areas where large lot development is desirable as an adjunct to the more typical urban and suburban residential zoning districts.

Existing-Single family 20,000

Over single-family plus 20,000 sq. ft. for each additional dwelling unit, 120’ width

Eliminated.

R-8 Rural Residential (low density, in areas where topographic or other natural conditions are such that higher-density development and the provision of public sewers and water would be unfeasible at any time.

Existing- single-family 217,800 sq. ft. (5 acres), 300’ width

Duplexes 326,700 sq. ft., 300’ width

Eliminated-Minimum 5 acre R-8 lots will become R-9 with a minimum of 2.5 acres, double current code and 2020 suggested density.

R-9 Rural Residential (low-density, areas where sewer and water are unlikely to be provided for a considerable period of time if ever)

Existing-Single-family 108,900 (2.5 acres), 180’ width

Duplexes 163,350 sq. ft. (3.75 acres), 180’ width

Created- adds 5% lot coverage to all areas and adds:

All other uses 108,900 sq. ft., 180’ width

R-10 Alpine/Slope Residential (natural physical features, environmental factors, and geologic hazards require unique and creative design)

Existing-Lot size is determined by slope of lot, i.e. less than 15% slope can be ½ acre, up to more than 30% slope has to have minimum 7.5 acres.

Created- too confusing to cover in this brief outline

R-11 Turnagain Arm District (All lands south of Potter Marsh, including Rainbow, Bird Creek, Indian, Girdwood, Crow Creek, and Portage.)

Did not review this section as it should be done by someone with intimate experience with the area. Renamed TA (Turnagain Arm) in new Code.

PLI Public Lands and Institutions

Existing- minimum 15,000 sq. ft., 100’ width

Becomes 6,000 sq. ft. minimum, 50’ width, 45% lot coverage

I did not review the new designations of NMU, CCMU, RCMU, RMX, AD, AF, or OL as I think these can be accomplished in Neighborhood Overlay Districts.

Detail (Citation/location followed by Comment):

21.04

pg. 2 – intent statement #3: conserve residential lands for housing by limiting conversion of the residential land base to non-residential uses, and by ensuring that residential development does not occur at less than zoned densities

This is property owner’s choice and in some instances, minimum allowed lot size is not most desirable to the builder/developer or in the public interest. This also might be a concern where zoning was poorly applied to wetlands, steep slopes, or failed Master Plans.

pg. 2 - Intent statement #9: Protect residential areas from commercial and industrial hazards such as fires, explosions, toxic fumes, and substances, and other public safety hazards

Should add something to the affect of ‘while protecting property rights and traditional uses’. For an example. there are painters who store their supplies in their garage, while this is not a serious hazard, the code could be construed to not allow this use.

page 4, District-specific standard 2(a)(i): For new residential development on lots greater than one acre in size, single-family detached dwellings shall comprise no more than 25 percent of all dwelling units.

Delete entirely.

page 4, District-specific standard 2(a)(ii): Residential development on lots greater than one acre and less than five acres shall include a mix of at least two dwelling unit types.

Delete entirely.

page 4, District-specific standard 2(a)(iii): Residential development of lots of five acres or more shall include a mix of at least three dwelling unit types…

Delete entirely.

pg.4 - (F) R-5 : …this district permits mobile home dwellings on individual lots.

Good addition. Why not in R-6 and above also? In Anchorage, mobile homes are one of the few affordable housing options available. As mobile home courts are redeveloped this option has become almost obsolete. Having the ability on larger lots would maybe help to balance Anchorage’s future.

pg.5 – R-10 Residential Alpine/Slope District

Seems to me most of the provisions in this district could also be listed in general construction guidelines, all revolve around good stewardship of the land.

I did not review any provisions regarding Commercial or Industrial land as I am not experienced in this area.

Pg. 20 – 2(a)(ii): In the interpretation and application of this Section, all provisions shall be liberally construed in favor of the governing body…

Should read will be decided upon best use of the land, private property rights, fairness to both parties, etc.

Pg. 22 – Standard for Issuance of Land Use Permit & pgs. 29-31, Standards for Variances and Appeals:

Should be more provisions than just pertaining to flood. This comment goes for many sections of this draft code, which are dominated by flood considerations. Most parts of Anchorage are not prone to flooding and there are provisions that need to be added to both of these sections regarding affects to neighborhood, traditional use of the neighborhood, need, compatibility, etc..

21.05

Please see attached copy of Table of Allowed Uses as edited, marked as Attachment “A”.

Pg. 18 – Compliance with State standards.

Wouldn’t it be simpler to say that state law is overriding law unless Municipal law is more restrictive?

Pg. 18 – 21.05.030(A) Household Living:

Should add keeping and harboring of animals as in the current code.

Pg. 21 – 7(a)(vii) Mobile Homes: Designed primarily for placement on an impermenant foundation or otherwise so placed as to permit moving of the unit to another location during its usable life.

Can ONLY be placed on a temporary foundation?

Pg. 26 – Group Living Home, (B)(1)(b) Use-specific standards: No new correctional community residential center may be located within one mile of an existing center or within 500 feet of an existing school or park.

Would suggest deleting the first part, there are many instances where we may wish to centrally locate or add onto an existing center. The second part should be reworded to include “any facility or location where children are present”

Pg. 27 – 1(E) In the GC zoning district, correctional community residential centers may house only residents convicted of misdemeanors; and under Residential Care, Page 28

Need to have this wording for the residential areas also, also that the residents of these homes must not be a danger or threat to themselves or others.

Pg. 29 – Roominghouse….this definition needs to also include Bed & Breakfasts, which aren’t mentioned until much later in the code. B&Bs are also missing from the table of allowed uses.

Also on Pg. 30 – (A) the number of guestrooms shall be limited to 8 guestrooms or 12 pillows.

Generally, people put two pillows on each bed whether they are expected to be used or not; what if someone requests three pillows in their room?

Pgs. 34-36 Community Centers/Religious Assembly

Why do community centers fall under religious assembly and have to follow religious assembly guidelines?

The majority of churches in south Anchorage are in residential areas, according to Pg. 36 (b)(i) those would not be subject to this section? And then in (ii) under lot area and width, this provision does not work in Anchorage either. Some churches are in downtown areas with businesses on both sides, their properties would not meet this criteria.

Pg. 36 (iii) traffic access – at least one property line of the religious assembly site which is at least 50 feet in length must abut a street designated as a class I collector or greater.

Should read that all ingress and egress traffic must be on a Class I Collector or greater. Otherwise the building could sit directly on the higher designated street and have all their traffic using a small neighborhood street.

Pg. 52: COMMERCIAL USES: DEFINITIONS AND USE-SPECIFIC STANDARDS (A)(1)(b): Farming, Animal Husbandry: Notwithstanding the dimension requirements in 21.06, this use requires a minimum lot size of 15 acres. And under (b)(ii) the setbacks have been increased to 100 feet

Delete entirely and in current code, setbacks are 25 feet. There has been discussion with the Planning Department regarding the “equestrian ordinance” regarding lessening the 25 foot setbacks if the property owner has a conservation plan in place through the Anchorage Soil and Water Conservation District.

Pg. 53 – (B)(1)(a) Animal control shelter definition.

This provision does not address people who use their homes to house a couple of animals until they are adopted out. The fear would be that those people would fall under this section.

Pg. 54 – Kennel (b)(i) use-specific standard (also apply to paddock or stable: A kennel, paddock or stable shall be set back at least 100 feet from any residential use or property zoned residential.

Delete, current setbacks are 100 feet and are currently in residentially zoned areas. Implementation of this would effective zone out all dog mushing in Anchorage, Alaska’s official sport.

(b)(iii) In the R-5, R-6, and R-9 districts, the minimum lot size for a kennel, paddock, or stable shall be five acres.

Delete, and provisions regarding this need to address R-5, R-6, R-7, R-8, R-9, and R-10.

Pg. 55 Entertainment Event, Major (a) “draw large numbers of people”

Should define large numbers and include outdoor events in parks, etc.

Pg. 65 – definitions of small, medium, and large retail establishments

Should these be defined at least in part by amount of traffic rather than just space used?

Pg. 71 Extended-stay lodgings definition

Would this include Bed & Breakfasts? The definition fits for some of them. It seems that hotels, motels, extended stay, roominghouses, B&Bs, etc. are too broken down and confusing as to which applies to a particular business.

Pg. 74 – Production and Sale of Cottage Crafts.

Definition is fine, but the retail sales should only be in business or commercial districts, not residential.

Pg. 85, storage yard definition.

Should add a sentence saying that this provision is not meant to affect home-based business who may store reasonable amounts of supplies and materials on site.

Pg. 87 – Composting Facility (iv). Would suggest wording about an Anchorage Soil and Water Conservation District conservation plan on the property, which would address the issues more thoroughly than a nuisance condition control plan by the MOA.

21.05.070 Accessory Uses and Structures, percentage of required setbacks occupied:

Unless otherwise specified, no detached accessory building shall occupy more than 50% of the area of the required site and rear setbacks combined.

Very confusing. Current code allows up to 30% lot coverage.

See attached Table of Permitted Accessory Uses and Structures with edits, marked as Attachment “B”.

Pg. 98 – Beekeeping:

(b)(i)A) is fine, but then (b)(iii) adds another ten feet to the setback, Combine the two or stick with 25-foot.

(D) requires hives be behind a fence at least six feet in height and extending ten feet in either direction of the hive. - Delete.

Pg. 98 Caretaker’s Residence – What is the difference between a caretaker’s residence and an accessory dwelling unit? Suggest dropping caretaker’s residence.

Pg. 99 – farm, hobby: (b) this section requires a minimum lot size of two acres – Delete.

And then on page 100, aren’t home and garden related uses the same as a hobby farm?

Pg. 100 – garage or carport:

(9)(b)(iii): eliminates home occupation and home based business use of garage space – delete.

Home occupation (b)(ii)(A-C) all three of these provisions are essentially the same and are confusing. Home occupations apply to all zoning districts from apartments up to 5 acre properties, as such it is a difficult code to write, and would suggest a “Home-Based Business” code to cover larger properties (R-5, R-6, R-7, R-8, R-9, R-10, and R-11) with extended uses beyond the minimums.

Pg. 101 11(b)(iii and vi) – need to cover people parking their work vehicles in their driveway, etc.

(viii)- hours of operation should go to 10 p.m. as in current code.

Uses prohibited as home occupations: veterinary or animal hospital, animal boarding, restaurant, vehicle repair. --- Restaurant is obviously acceptable, but the others???? If it fits within the zoning it is perfectly acceptable. Animal boarding is also held to this provision although animal boarding is prolific in Anchorage under this section of the code….should implement home-based business code (see comments above)

Pg. 102 Household Pets:

(i) does not allow over five animals. Current code, Title 17, addresses this provision. Anyone with over four of the same species is required to obtain a Facilities License.

(ii) Kennels, boarding facilities, and commercial activities…are not an allowed accessory use – this provision is inaccurate and conflicts with the rest of the draft code. They are accessory uses in R-5, R-6, R-7, R-8, R-9, R-10, and R-11.

Pg. 102 Outdoor storage as an accessory use:

(a) mandates that all storage be at the rear of a lot…..this is not applicable in all cases, in some areas of town or on a corner lot, it may be more desirable to locate the storage somewhere else on the lot.

(c) needs to take into account vegetative buffers and should not include mandatory matching of colors to the primary residence. (i.e. cedar fencing does not necessarily match a painted home)

pg. 103 Paddock, stable, or barn:

the definition should also include cows, llamas, alpacas, chickens, etc.

and in the table of minimum setbacks, why is the setback for R-9 50 feet?

Pg. 105 (18) vehicle repair/rebuilding, outdoor, hobby:

(a) Need to define “commercial purposes”…someone I know restores vintage vehicles in his garage for sale. This should be allowed but may be construed as commercial.

(b)(i-iv) should not limit to one vehicle on site at one time. A lot of times when restoring vehicles they are combining parts from two or more vehicles; sometimes this process takes more than a year; sometimes the vehicles are not the property of the owner of the principal structure; and in iv, requirement to take place in the rear of the building is inaccurate…may not be attached to the principle structure and another area of the property may provide more visual screening.

Pg. 100 Prohibited Accessory Uses and Structures:

Connex’s and shipping containers should not be outlawed. Many people have them and in some instances provide the only storage possible for a business or farms storing hay.

(b) outdoor storage of inoperable vehicles: Need to make a provision for antique or historical vehicles that may not be operable anymore but of value.

Pg. 111 – prohibited in residential zoning districts:

Automotive repair – see earlier discussion, this would seem to conflict.

Prohibited Parking of business vehicles, outdoor:

Delete this entire section. Many people drive their work vehicles home and it is perfectly acceptable. On larger lots on hillside, dump trucks, etc. are a common occurrence. It should also be noted that this is the only parking available for some of these vehicles.

Pg. 112 – Temporary Use Permits

In the instance where there is a privately owned park that may be used for outdoor events, sports, etc….this section would seem to require them to obtain a permit every time an event is scheduled because the land is not Municipally owned.

(b) up to seven one-day garage/yard sales per year per dwelling unit……not something MOA should try to dictate, it is no one else’s business but the property owner.

Pg. 112 – General requirements for temporary uses and structures.

(4) permanent alterations to the site are prohibited---this is ridiculous, there are many instances where this would stand in the way of improvements, etc. For example, someone may buy a property with the intent to build, live in a mobile home on-site during construction. Alterations to the site would be taking place and this portion of the code muddies the waters.

(5) No, there should not be a time limit for temporary uses in code. This would be decided by the Planning Department according to the specific site considerations, etc. and they need to have flexibility.

Footnote 87: No, a temporary use on an undeveloped parcel does not require paved parking.

Pg. 114 – Special Events – Yes, there should be a code for special events. For some events, depending on size, location, etc. may not require a permit at all.

Pg. 115 – Cloth Garages Prohibited:

Frame supported, fabric garages, sheds, warehouses, golf-domes, shelters, etc. should not be eliminated. They serve a vital purpose in our community and because they are not a permanent structure allow flexibility for the property owners for future relocation.

This provision could also be applied to the outdoor tents we rent for functions, such as the Food Festival on the Park Strip.

21.06

Please see attached table of dimensional standards with edits, marked as Attachment “C”.

Pg. 12: Public Rights of Way shall not be included in figuring of lot size any more. This should not be done, it is too hard to change all properties’ records, need to keep in mind minimum size for on-site septic systems.

Pg. 14 setback front (v): in the case of a corner. Through, and three-sided lots, there will be no rear setbacks, but only front and side setbacks.

Properties are not always in this configuration and the planning department needs ability to do site-specific requirements.