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Anchorage, Alaska |
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TITLE 21 ZONING LAWS UPDATE From September 2005 MHCC and HECC Newsletter: THE ZONING LAWS ARE CHANGING! Anchorage has been working on a rewrite of our zoning laws, called Title 21, for a couple years. The existing code has its roots in 1969. Since then, Anchorage's population has more than doubled, we've got more cars than people, and instead of growing by spreading out, we're growing by filling in. The draft of the new Title 21 is designed to reflect this new reality and to promote the goals of our Comprehensive Plan. Where the Comp Plan speaks broadly about things like building and subdivision design and open space and trails, Title 21 puts it in concrete terms. It's really hard to read. A glaring aspect of the Title 21 Draft is the diminished role of Community Councils. There's some irony in this as the city is celebrating the 30th anniversary of unification with the borough and the birth of Community Councils. If
you really want to read the whole thing for yourself, go to www.muni.org/planning/prj_T21_PublicReviewDraft_1.cfm.
The following cover letter and comments were prepared by the Mid-Hillside Community Council. For a .pdf version suitable for framing, click here. September 16, 2005 Planning Department Submitted via E-mail: title21@muni.org At its regular meeting on September 15, the Mid-Hillside Community Council formed a committee to review the proposed changes to Title 21. We focused primarily on topics related to our Council area and particularly R-6 zoning that is predominant here. We also considered the public process requirements and their relation to Community Councils. Our comments follow. We generally strove for consensus on points raised. The presentation notes where we had differing opinions that could not be reconciled. We hope that our efforts make a positive contribution to this project. Sincerely,
TABLE 21.01-1 COMPREHENSIVE PLAN ELEMENTS
MHCC COMMENT: The Hillside Wastewater Management Plan should be listed
CHAPTER 21.02 Boards, Commissions and Municipal Administration
21.02.020 Boards and Commissions Generally p16
MHCC COMMENT: Add: Community Councils may review and comment on Title 21 issues.
Table 21.02-1 Summary of Major Title 21 Decision Making
and Review Responsibilities MHCC COMMENT: Add a column for Community Councils and add "R" for review and comment where appropriate. i.e. Variances, School Sites, Public Facility Site Selection, Conditional Uses, Plats, Rezonings, Amendments to Title 21 and Comp Plan.
CHAPTER 21.03 Review and Approval Procedures p34
21.03.020 F Community Meetings
MHCC COMMENT: Add "Where an affected Community Council is able to add the development and application to its agenda and to properly announce the meeting, the Community Council should be the forum for the required community meeting. A resolution from an affected Community Council and the minutes of its meeting in regard to the proposed development shall be part of the Planning Department staff report."
Footnote 11 p 123 adds support to this change: "..This draft is intended to take advantage of the existing set of community councils."
F2B Waiver "Director may waive the community meeting ... if he or she determines that the proposed .. will not have significant community impacts .."
MHCC COMMENT: We were split on this point. Some felt the Director is best able to sort through projects and put forward those that warrant public review so the public is not over burdened. Others felt that the Director would not be aware of neighborhood issues that can be important even on small projects.
F3b p39 L1-4 Regarding notification if more than one CC has boundaries within or adjacent to the project. MHCC COMMENT: Change wording to be consistent with the requirements on p42 L14-16 where roughly any CC within 1,000 feet is notified.
F5c p39 L26-27 "All community meetings shall be convened at a place in the vicinity of the proposed development." MHCC COMMENT: Add "If adequate meeting space is available, the meeting shall be in the boundaries of an affected Community Council."
F6 Summary of Community Meeting p39 l 28-30 "The applicant shall prepare a written summary of the community meeting(s) ... " We recommend that a Community Council resolution or meeting minutes be part of the Planning Department report. The applicant should be encouraged to also prepare a written report on the meeting particularly the response to comments.
C6i p65 L4-5 "provides opportunities for recreation, light and air ..." The reference to recreation is puzzling. Are there requirements for developments to provide for recreation anywhere else in Title 21?
MHCC COMMENT: What does the "light and air" mean? This phrase is used elsewhere in this Draft and its meaning is not clear. 21.03.080 Site Plan Review B1b p71 L1-2 "site plans for public facilities costing up to $500,000 shall require administrative site plan review."
C1b p71 L28-29 ".. a public facility project costing more than $500,000 shall require a major site plan review."
The trigger for a P&ZC review of site selection is 21.-3.090 B2a, b, c, d p74-75 includes "a. Any newly constructed building or buildings in which government operations or activities occupy more than a total of 4,000 square feet and any existing building acquired by purchase or lease in which government operation or activities occupy more than 15,000 square feet. b. Any use of land over 5 acres in area c. Any trail alignment not part of a road construction project; and d. Any snow disposal site."
MHCC COMMENT: Make the cut off for the site plan review consistent with the cut off for site selection. Using a dollar amount for a cut off for site plans will become obsolete after a few decades. It is better to use building size.
"9.b The Board of Adjustment shall hear no argument nor take additional testimony or evidence.." p99 L24-25
MHCC COMMENT: Allow oral argument.
21.030.240 MASTER PLANNING "A. Area Master Planning Under procedures 3b. Community meeting "A community meeting may be required." p108 l37-38
MHCC COMMENT: Make a community meeting a requirement early in the process. Change "may" to "shall." This is the most important time to have a community meeting! Face the issues as early as possible.
"B Development Master Planning
Under procedures 3b "A community meeting may be required." p113 L38
MHCC COMMENT: Change "may" to "shall."
"C. Institutional Master Plan Review ...." p116 L13 similar issues to other master plans 4.b "A community meeting may be required" p120 L27
MHCC COMMENT: Change "may" to "shall."
21.04.010 General Provisions
21.04.020 RESIDENTIAL DISTRICTS 6. Provide light, air, privacy and open space for
each residential dwelling ..." p130 l8-9
G. R-6 Low Density Residential (1 acre) District 1. Purpose
MHCC COMMENT: Note that the discussion of R-9 says "where public sewers are unlikely to be provided for a considerable period of time.." p132 L32-33 Add that to the description of R-6.
MHCC COMMENT: There are 8 points made in the description of R-10 that should apply to R-6, R-7, R-9 as well. See p133 L3-21. Leaving them out of the descriptions of these other zonings suggests these 8 points are not important.
21.04.060 OTHER DISTRICTS C. OL: Open Lands District 1. Purpose "The OL district is applied to lands intended for future development, including municipally owned lands, Large-lot single family residential development is allowed by right , though rezoning and/or master planning shall occur prior to other types of development.: p152 L9-14
MHCC COMMENT: What is a "large lot?" Make this more specific like "1 acre or larger."
MHCC COMMENT: The title for this zoning is misleading!
Use a more clear title like "Future Development."
D. NCO: Neighborhood Conservation Overlay District .... 2cii ...shall direct the Director to notify ..." p157 L 20-21
MHCC COMMENT: Add " and the affected Community Councils.."
TABLE 21.05-1 of Allowed Uses - Residential Districts p179-182 Police substations are in public safety facility category not allowed in R-6-10 . Are allowed in PLI and R-3, R-4.
MHCC COMMENT: Add "Firestations and police substations are considered a use compatible with R-6 zoning." There is a police substation at the firestation on O'Malley. Are these uses allowed in R-6 thru R-10 as long as the lot is rezoned to PLI?
Table 21.05-2 Table of Allowed Uses - Commercial etc. Use category "Entertainment/Recreation, Outdoor" includes
"Skiing, alpine MHCC COMMENT: Add Nordic skiing. There has been talk of X-C skiing at O'Malley golf course that may be a commercial effort. X-C skiing may be part of projects in Girdwood, too.
21.05.050 COMMERCIAL USES: DEFINITIONS AND USE SPECIFIC STANDARDS
E Recreation Outdoor
MHCC COMMENT: Add Nordic skiing.
TABLE 21.05-3 TABLE OF ACCESSORY USES - RESIDENTIAL DISTRICTS p272
E. Prohibited Accessory Uses and Structures 1. Use of ... Connex The use of a connex or similar structure for storage of goods, performing services or conducting other business is only allowed in industrial districts...' p294 L28-32
MHCC COMMENT: Unclear if storage of personal stuff in a connex on R-6 is okay if it's not for "business." Is a personal use Connex permitted on R-6?
MHCC COMMENT: Add requirement that they be screened from sight in residential.
MHCC COMMENT: Schools use these frequently. Large construction sights use them as allowed in section B3 p296 L13-16. Often needed in B3 zones, too.
C. Prohibited Temporary Uses and Structures 1. Cloth Garages "Frame supported or arch supported tension fabric or membrane structures fabricated off-site and assembled on-site, and typically used for garages, sheds, warehouses or temporary or permanent shelters for automobiles, boats, or other items, shall be prohibited in all residential districts .." p296 L24-29
MHCC COMMENT: Permit them but limit size? This looks really good except that it means blue tarps strapped on everything instead. Will the thousands sold at Costco be grandfathered in?
CHAPTER 21.06 DIMENSIONAL STANDARDS AND MEASUREMENTS Table 21.06-1 Table of Dimensional Standards p309 for R-6
MHCC COMMENT: RE: Lots sizes changed to 1 acre. We were ambivalent on this even with the change in the way the acreage is counted. There is a worry about increased density. There may be issues of on-site systems placed on lots too small. CHAPTER 21.07 DEVELOPMENT AND DESIGN STANDARDS p 333 21.070.020 Natural Resource Protection "B 4a ii In the R-5, R-6, R-7, R-9 .. all buildings, accessory structures and parking lots shall be set back at least 50 feet horizontally from the ordinary high-water mark of stream or river corridors ... no disturbance is permitted in the 50 foot setback area." p 336 L26-32
MHCC COMMENT: Define "disturbance."
MHCC COMMENT: We were ambivalent on this. Some were in strong support of a 50 foot setback to protect our streams. Others felt it limited the use of land without clear benefit.
D. Wildlife Conflict Areas p 344 l 12-19
MHCC COMMENT: Is this adequate given Anchorage's broadly expressed interest in wildlife among us? This is a minimum. We expect there are other drainages that require similar attention, though perhaps something less than 200'.
21.07.060 TRANSPORTATION AND CONNECTIVITY
D3.e Connections to Vacant Land p356 L 39-41 MHCC COMMENT: This section refers to "bicycle paths" but not explicitly to trails in general. How about changing that to "bicycle and pedestrian connections" or "multi-use trail."
E. Standards for Pedestrian Facilities p357 L 31- p357 L6 "... 1.b Sidewalks shall be installed on both sides of all arterials, collector streets, and local streets ... and within the frontage of all new development or redevelopment, This requirement shall not apply to local streets in districts where the minimum lot size is 40,000 square feet or greater ... " p357 L 36-41
MHCC COMMENT: This appears reasonable.
Width of Trail D3b iv p356 L 3-4 requires eight-foot wide "pedestrian access easement" E 2c p 358 L27-28 "... trails no less than five feet in width.."
MHCC COMMENT: Make the phrasing and width consistent.
2c Through Block Connections p 358 L 31
MHCC COMMENT: Change to "efficient" or "convenient" .
3. Trails "While not encouraged to substitute for a good system of on-street facilities, multi-use trails may be used to enhance pedestrian and bicycle travel... " p358 L 40-42
MHCC COMMENT: A trail that gets you where you are going that is not next to a street is more pleasant for walkers, bikers and others. Where there is a place to put a trail that does not parallel a street and its multiple intersections, that should be encouraged.
3 c. "All trails shall be built in locations that are visible and easily accessible for the personal safety of users.: p 359 L 5-6
MHCC COMMENT: Some trails connecting cul de sacs and others might not meet the 'visible" depending on who is defining it. Lots of trails are initially opposed out of fear that they'll attract rif raff. This opens that door to that incorrect stance. This section could be deleted with no harm.
4. Use and Maintenance of Sidewalks, Walkways, Trails p 359 L 9 b. Maintenance and Snow Removal
MHCC COMMENT: Specify who is responsible for this maintenance.
7. Trees "For residential subdivisions consisting of more than 50 residential lots, at least 75% of the required minimum tree density shall be located within separate tree tracts held in common ownership by the homeowners association ..." p 371 L 41-46
MHCC COMMENT: If ¼ acre lots, 50 lots = 12.5 acres is approx. 198 trees 8-10' tall. 75% of that is 140 trees. The Private Open Space requirement is 800 sq. feet per unit (p 345) so 50 units requires 40,000 sq. ft, about an acre. So out of 12.5 acres, about an acre should have 140 trees. That's not dense, but probably okay. The other 11.5 acres would have 47 trees or about 1 per lot. Seems thin.
CHAPTER 21.08 SUBDIVISION STANDARDS p451
21.08.040 Dedication p457 A. Streets 2. " widths shall conform to the OSHP, provided that the maximum dedication width .. is 70 feet.... These standards are considered to be minimum standards .." p 457 L30-35.
MHCC COMMENT: Okay, we're starting to get the hang of this now! The maximum is the minimum.
C. Walkways p 458 L5 " ... the minimum width of a walkway dedication shall be 10 feet. If the walkway is paved, the paving should be a minimum of four feet and a maximum of six feet wide."
MHCC COMMENT: Are these widths consistent with these other sections?
D. Trails p458 L15 See footnote regarding Chugach state park access p 479 #27
MHCC COMMENT: Emphasize importance of protecting future access to Chugach State Park.
________________________________________________________ OPEN SPACE The Open Space in the modules has been replaced by Private Open Space (POS). That is presented as space for the exclusive use of the owners of the development. There are inconsistencies with that, though. Discussion of private open space drifts into using the space to protect trails and wildlife corridors and to connect with open space of adjacent developments. That doesn't sound like land for "exclusive" use (p345 L 17-22) by some people.
But the open space might not really amount to anything anyway. Half of a home's yard, if it's 2,000 sq feet or more (p347 L18-20), can count towards the POS (p 346 L25-27). And half of the open space can be used as snow storage (p 407 L 1-20). The open space used for snow storage is not allowed to have trees or shrubs.
For example, if a development has 10 units. They'd be required to have 8,000 sq feet of POS (p345 L23-29). If each home were on a 3,500 sq foot lot with max 40% coverage, that makes a 2,000 sq foot yard. 1/2 of that yard can count as POS. So the 10 homes would add up to 10,000 sq feet of POS. More than the requirement.
The only thing that requires a natural open space appears to be the tree tracts on residential subdivisions consisting of more than 50 residential lots. Space will have to be made to put the required trees.
21.070.030 OPEN SPACE p345 L8 4 a. Locational Criteria iv Wildlife Migration Corrdors
MHCC COMMENT: Since use is exclusive to the residents, it islikely these areas would be fenced, (see section ciii "fencing") How does that work with wildlife migration corridors?
The following information is in reference to the Draft "Modules" released in 2004. The Draft released in 2005 calls those modules the "2004 Draft" but the Planning department is calling the 2005 Draft, "Draft #1." Try not to get confused! The 2005 Draft has substantial changes from the 2004 Draft. TITLE 21 ZONING LAWS UPDATE
To help people get along, we have extensive zoning rules in Anchorage. These cover lot sizes, how big you can build on them and loads of limits on what you can do on your property. It's all a libertarian's nightmare, but as problems have arisen, rules have been made. The MOA is currently rewriting these rules.
A draft of Module 2 - Districts and Uses was released in January 2004. It's over 150 pages and covers lots of details that most people will become aware of only after they break the rules and someone squawks. This draft is primarily a rewrite of the current code with a smattering of changes to get everything in synch with the new Comprehensive Plan. Here's a sample of current or proposed rules: no temporary cloth garages, no more than 7 garage sales per year per home; no parking vehicles with business logos at your home; only one "inoperative" vehicle on your lot at at time (and you have one year to get it running); no more than 5 animals over 4 months old except fish, small birds and rodents; you can have a satelite dish anywhere you need to get a good reception. The list goes on.
There is little land left to be developed in our area and there's a preference to keep that development consistent with the relatively large lots and low population density we now enjoy. The current revisions work somewhat against this. The R-1 Single-Family Residential zone changed. Valli Vue is a pocket of R1 zoning in our area and we are unlikely to see more.
The R-6 zoning predominant in our area is now 1.25 acre minimum and is proposed to drop to one acre. Right-Of-Way will no longer be used in calculation of lot size, so the change is less than it looks. Many lots zoned R-6 in our area are currently less than an acre. The proposed changes also drops square footage for a duplex to 1.5 acres rather than current 2.5, so 5-acre tracts could now have 3 duplexes instead of 2.
Higher up the hill, zoning is mostly R-9 Rural Residential (low-density areas where sewer and water are unlikely to be provided for a considerable period of time if ever). Currently the minimum lot size for Single-family is 2.5 acres and for duplexes 3.75 acres. The proposal is to increase allowable lot coverage and decrease the duplex requirement to 2.5 acres.
The people rewriting this code are actively looking for feedback from you. For a copy of the Draft and other info from the Muni see http://www.muni.org/planning/prj_Title21.cfm .
(About those fences, the chapter on Use Regulations has
over 30 mentions of fences to shield the world from ugly things we might
do on our property.) FOLLOWING IS INFO AND COMMENTS SENT FROM AREA RESIDENTS A lot of this is a series of email strings. They appear in reverse chronological order. There is occasional editing to minimize redundancy. emailed by Joe Riordon 2/9/04 I typed up my hand written notes regarding Title 21 Module 2. I must emphasize that I was focused on R-6 changes and the biggest issue that I see is the gradual increased density allowed. This is particularly evident with group living homes with their 6 person allowance plus Accessory Dwelling Unit that could also allow 6 persons if I read it correctly. Also the minimum lot size is shrinking. Anyway here you go...... Title 21 Module 2 Comments General comment: As a resident of the Rabbit Creek Community Council district the following comments are focused on primarily on R-6 zone effects. Overall: The intent appears to increase the density of housing in R-6 by reducing the lot size from 1 ¼ acre to 1-acre minimum lot size. Additionally, the definition omits the rural lifestyle character and single-family residential phrasing. The allowed uses also leave much room to convert residential housing to group housing in R-6. 21.04.020 Residential Districts G.1 Recommend to insert language that includes the desire to maintain large lot sizes that allow a rural lifestyle and single-family residential housing. E.12.e.iv.B Recommend against granting variances in situations based on the potential for a hardship to the applicant. 21.05.010 Table of Allowed Uses Overall the table permits outright up to 6 clients in group housing in all zones. Recommend the permitted number be reduced from 6 to 3 or possibly 4 to keep the intent of single family and low density in R-6. E. Residential care is missing a row in the table that identifies allowed uses for 1-6 capacity. Recommend the same permitting that applies to Adult care. Adult Care allows too many people without a permit. Recommend to reduce the outright permitted number to 3 and conditional use up to 5 and not permitted beyond that amount. The number could increase with an increase in the average density of a neighborhood. 21.05.030 Residential Uses B Group Living 3.a Add the same clause found in 3.b.B regarding limiting house residents convicted of a felony as set forth in AS 11.41. I am not clear why this is applied differently according to the date the quasi-institutional house was established. 4.vi.A Change from six clients to three 4.vi.B Change from seven clients to four 21.050.040 Public / Institutional Uses Separate Child Care from the other uses since it doesn't result in 24-hr care as the other allowed uses would. A.2.a Change from six clients to three A.2.b Change from seven clients to four A.C.vi On-site Systems - Change from seven clients to four 21.050.070 Accessory Uses and Structures Table 2 Change the Adult Care and Residential Care permitted use from six to three D. Definitions- Add a statement that the occupancy limits are not in addition to those permitted outright but rather inclusive. Otherwise the code as currently written, in R-6 homes could have six clients outright in the home and as many as six more in the ADU for twelve overall. This is clearly not the intent of R-6. 2. Change from six to three clients 16. Change from six to three clients 21.060-1 Minimum lot dimensions reduce R-6 from 1 ¼ to 1 acre and two family allowed use to 2 acres. Recommend to use the existing minimum lot dimensions. I plan to attend the next Coalition Meeting on Thursday. Maybe I can get some traction with the others at that meeting. Joe Riordan 346-1360 (h) 787-8982 (w) 2/7/04 **************** 2/7/04 email 2/1/04 Ryan Stencel Besides the concerns Dianne has laid out, some of the concerns I'm hearing from folks is: The new zoning completely eliminates dog kennels (Alaska's official sport is dog mushing) and complete frustration at all the noncomplying lots that will be created and the years of nightmares all this is going to cause. Plus size of lots, setbacks, uses.....the list goes on and on and on........ Here's the question I'm stuck on...why are we redoing the zoning from Rs to the new designations at all? Why can't we strike a balance with some of the existing things we have.......otherwise, for the next 40 or so years, everyone is going to have to be comparing two maps to get all the information on a property. Why do we have to tweak it so badly in this area? Why can't we just add what they want to within the R-6 designation? All in all, I'm feeling very nervous about the motives behind some of the changes and am left wondering if we're better off not rewriting Title 21 at all, although I know there are serious problems with it. What are we going to give up in the process? The only good thing so far is the overlay districts, which should have been implemented already. They're a wonderful way to illustrate on a map the location you are talking about and what restrictions obtain to that highlighted area. For example, MOA could do an overlay district of all the wetlands, creeks, and watersheds of Anchorage with their appropriate setbacks....this would show better ALL of the areas we need to protect and give the property buyer/developer clearer guidelines. Ryan email Dianne Holmes Jan 31 All, email Jan 29 from Dianne Holmes
2). Several previous R categories have been
combined, and the minimum lot size will prevail. R-8 lots that were
minimum 5 acres will become R-9 with a minimum of 2.5 acres. Same thing
in R-1 and R-2. email Jan 16, 2004 The consulting firm hired by the Municipality to conduct a diagnostic review and rewrite of Title 21 will be in Anchorage to present and discuss the review draft of module #2 (chapters 4 – 6) of the proposed new code. The following meetings have been scheduled for Clarion Associates. Tuesday, January 27, 2004 Thursday, January 29, 2004 Thursday, January 29, 2004
Friday, January 30, 2004 The public review draft of module #2 (chapters 4 - 6) is available for review on-line at the project website Printed copies of module #2 are available at two places: 1. Planning and Development Center, Planning
Department Public Counter, 4700 Bragaw Street If you have questions about this project, please contact the Planning Department at 343-7921 or e-mail to . For additional project information, refer to the project website.
This site was last updated on April 24, 2006 john@weddleton.com |
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