§ 21.10.040. Zoning districts.

This chapter establishes the zoning districts and contains basic information pertaining to zoning districts, including statements of purpose and district-specific regulations. The following Sections 21.10.050 through 21.10.070 set forth the uses allowed within the districts, the dimensional standards, and the design standards, where they differ from Chapters 21.05, 21.06, and 21.07, to be applied to development in the districts. Upon approval of Chapter 21.10, the director shall amend the Chugiak-Eagle River zoning map to reflect that all zoning districts are now designated with the prefix "CE". If a district is designated as having special limitations, SL, the new designation shall be CE-x-x-SL with the special limitations remaining as authorized by the enacting ordinance.

A.

Purpose. The municipality, including the Chugiak-Eagle River area, is divided into zoning districts in order to achieve the purposes of this title established in 21.01. Included in the general provisions of Chapter 21.01 are the implementation of the Chugiak-Eagle River Comprehensive Plan, and particularly its land use plan map and other relevant elements of this plan. The Chugiak-Eagle River zoning districts are intended to implement the land use plan map of the Chugiak-Eagle River Comprehensive Plan.

B.

Zoning districts established.

1.

Chugiak-Eagle River is divided into the following zoning districts as shown on Table 21.10-2:

TABLE 21.10-2: CHUGIAK-EAGLE RIVER ZONING DISTRICTS ESTABLISHED
District Type	Abbreviation	District Name
Residential Districts	CE-R-1	Single-Family Residential
	CE-R-1A	Single-Family Residential
	CE-R-2A	Single- and Two-Family Residential
	CE-R-2D	Two-Family Residential
	CE-R-2M	Mixed Residential
	CE-R-3	Multifamily Residential
	CE-R-5	Suburban Residential with Mobile Homes
	CE-R-5A	Rural Residential with Mobile Homes
	CE-R-6	Low-Density Residential
	CE-R-7	Medium-Density Single-Family Residential
	CE-R-8	Low-Density Residential
	CE-R-9	Low-Density Residential
	CE-R-10	Low-Density Residential, Alpine/Slope
Commercial Districts	CE-B-3	General Business
	CE-RO	Residential Office
	CE-RC	Rural Commercial
Industrial Districts	CE-I-1	Light Industrial
	CE-I-2	Heavy Industrial
	CE-I-3	Rural Industrial
Other Districts	CE-AD	Airport Development (Birchwood)
	CE-DR	Development Reserve
	CE-PCD	Planned Community Development
	CE-PLI	Public Lands and Institutions
	CE-PR	Parks and Recreation
	CE-TR	Transition
Overlay Zoning Districts	CE-DO	Downtown Eagle River Overlay
	CE-EVO	Eklutna Village Overlay

 

2.

Only Chugiak-Eagle River zoning districts and the AF and WS districts are intended to be applied within the Chugiak-Eagle River area as defined by subsection 21.10.020 E. above through any rezoning process.

C.

Residential districts.

1.

General purpose. The Chugiak-Eagle River area contains a diverse mix of residential development. The residential districts provide a wide variety of lifestyle choices of varying land use intensity. The purpose of this section is to protect the diverse residential lifestyles of the area and to implement the Chugiak-Eagle River Comprehensive Plan by providing districts which conform to the residential densities of the plan. The residential zoning districts established in this section are generally intended to:

a.

Provide appropriately located areas for residential development this is consistent with the comprehensive plan and standards of public health and safety established by this code;

b.

Designate areas for residential living that offer a broad range of lot sizes, dwelling types, densities, and housing choices, and that offer a range of living environments;

c.

Conserve residential lands for housing by limiting conversion of the residential land base to non-residential uses;

d.

Allow for a variety of housing;

e.

Protect the scale and character and unique appeal of existing residential neighborhoods and community areas;

f.

Provide light, air, privacy, and open space for each residential dwelling, and protect residents from the harmful effects of excessive noise, glare and light pollution, traffic congestion, and other significant adverse effects;

g.

Protect residential areas from commercial and industrial hazards such as fires, explosions, and toxic fumes and substances;

h.

Where appropriate, minimize the location of residences in high natural hazard areas, and mitigate the risk in those areas where development may be allowed;

i.

Facilitate the provision of appropriate public and institutional services and facilities, such as schools, parks and recreation uses, religious assembly, utility substations, and telecommunications and transportation infrastructure, which are needed to accommodate densities recommended in the comprehensive plan, while maintaining the residential character of the district;

j.

Protect stream corridors, wetlands, and other important natural resources from the adverse impacts of residential development; and

k.

Designate areas for residential living that support neighborhood identity and economic vitality and thus give predictability to residential settings and encourage investments and enhancements.

2.

CE-R-1: Single-family residential district.

a.

Purpose. The CE-R-1 district is intended primarily to provide for detached single-family residential areas with gross densities up to six dwelling units per acre. These areas generally are intended to have well-developed infrastructure and municipal services.

3.

CE-R-1A: Single-family residential district.

a.

Purpose. The CE-R-1A district is intended primarily for detached single-family residential areas with gross densities up to four dwelling units per acre, and minimum lot size is slightly larger than the CE-R-1 district. These areas generally are intended to have well-developed infrastructure, and municipal services generally are intended to be provided.

4.

CR-R-2A: Two-family residential district.

a.

Purpose. The CE-R-2A district is intended primarily for single- and two-family residential areas with gross densities up to ten dwelling units per acre. These areas generally are intended to have well-developed infrastructure, and municipal services generally are intended to be provided.

b.

District-specific standard.

i.

Multiple detached dwelling units built on the same lot or tract which do not qualify as an ADU, shall be allowed through the planned unit development (PUD) process in accordance with subsection 21.03.080H.

5.

CE-R-2D: Two-family residential district.

a.

Purpose. The CE-R-2D district is intended primarily for single- and two-family residential areas with gross densities up to 12 dwelling units per acre. These areas generally are intended to have well-developed infrastructure, and municipal services generally are intended to be provided.

b.

District-specific standard.

i.

The CE-R-2D district shall conform to the district specific standards of the CE-R-2A district.

6.

CE-R-2M: Mixed residential district.

a.

Purpose. The CE-R-2M district is intended primarily for residential areas that allow for a variety of single-family, two-family, and multifamily dwellings, with gross densities up to 15 dwelling units per acre. The CE-R-2M district provides residential neighborhoods with a greater diversity of housing by allowing a mix of both detached and a variety of attached dwelling types in close proximity to each other, rather than separated into different use districts. The CE-R-2M district is to be located in established or redeveloping residential neighborhoods. The design of new development, such as building scale and setbacks, parking facility size and location, and yard landscaping, should be complementary to the existing neighborhood and mix of dwelling types.

b.

District-specific standards.

i.

Multifamily buildings shall contain no more than eight dwelling units per building.

ii.

On lots of one acre or more where more than one principal structure is allowed (see Table 21.10-6), the development of two to four principal structures on a lot requires an administrative site plan review.

iii.

On lots of one acre or more where more than one principal structure is allowed (see Table 21.10-6), the development of five or more principal structures on a lot shall be allowed through the planned unit development (PUD) process in accordance with subsection 21.03.080 H.

7.

CE-R-3: Multifamily residential district.

a.

Purpose. The CE-R-3 district is intended primarily for residential areas that allow for a variety of multifamily, two-family, and single-family dwellings, with gross densities up to 30 dwelling units per acre. The design of CE-R-3 development, including building appearance, location of parking, setbacks, and landscaping, should be complementary to the existing neighborhood and mix of dwelling types.

b.

District-Specific Standard.

i.

Multiple detached dwelling units built on the same lot or tract, which do not qualify as an ADU, shall be allowed through the planned unit development (PUD) process in accordance with subsection 21.03.080 H.

8.

CE-R-5: Suburban residential district with mobile homes.

a.

Purpose. The CE-R-5 district is intended for single- and two-family residential areas with gross densities up to six dwelling units per acre where public sewer and water are generally available, and to encourage affordable housing. Mobile homes on individual lots are allowed in this district.

9.

CE-R-5A: Rural residential district with mobile homes.

a.

Purpose. The CE-R-5A district is intended for single- and two-family residential areas with gross densities up to one dwelling unit per acre, where public sewer and water are generally not available, to encourage affordable housing, and to protect the rural setting by maintaining large lots and low population densities in the Chugiak-Eagle River area. Mobile homes on individual lots are allowed in this district.

10.

CE-R-6: Low-density residential district.

a.

Purpose. The CE-R-6 district is intended for those land areas where large lot development is desirable. The CE-R-6 district is designed to encourage low-density residential development with gross densities of up to one dwelling unit per acre, while at the same time protecting and enhancing those physical and environmental features which add to the desirability of rural residential living. Availability of infrastructure and municipal services may vary.

11.

CE-R-7: Medium-density single-family residential district.

a.

Purpose. The CE-R-7 district is intended primarily for single- and two-family residential areas with gross densities up to two dwelling units per acre. This district may also be applied to areas between larger lot districts and higher density districts while at the same time protecting and enhancing those physical and environmental features which add to the desirability of rural residential living.

12.

CE-R-8: Low-density residential district.

a.

Purpose. The CE-R-8 district is intended primarily for single- and two-family residential areas with gross densities up to one dwelling unit per four acres, where topographic or other natural conditions are such that higher-density development would be unfeasible. In addition to topography, some of the natural conditions which could exist to render land desirable for the densities proposed in this zone are wind hazards, marginal soils, landslide susceptibility, potential for groundwater pollution, and groundwater availability.

13.

CE-R-9: Low-density residential district.

a.

Purpose. The CE-R-9 district is primarily for single- and two-family large lot residential areas with gross densities up to one dwelling unit per two acres, where public sewer and water are unlikely to be provided, or where topographic or other natural conditions are such that higher-density development would be unfeasible.

14.

CE-R-10: Low-density residential, alpine/slope district.

a.

Purpose. The CE-R-10 district is intended for use in those areas where natural physical features and environmental factors such as slopes, alpine and forest vegetation, soils, slope stability, and geologic hazards require unique and creative design for development.

b.

District-specific standards. District-specific standards are as established in subsection 21.04.020 O.2.

D.

Commercial districts.

1.

General purpose. The Chugiak-Eagle River commercial districts established in this section are generally intended to:

a.

Provide appropriately located areas consistent with the comprehensive plan that provide a full range of retail and service establishments and convenience and office uses, and protect such uses from the adverse effects of incompatible uses;

b.

Provide adequate area to meet the needs of future commercial development;

c.

Encourage the redevelopment, conversion, and reuse of underused commercial areas, and discourage further geographic expansion of commercial areas not designated in the comprehensive plan;

d.

Promote the location of higher intensity commercial uses and traffic into those area of Chugiak-Eagle River that are best developed for traffic and access;

e.

Strengthen the economic base of the Chugiak-Eagle River area and provide employment opportunities;

f.

Provide for commercial land uses that meet the needs of local residents, while providing for development of regional services and businesses;

g.

Minimize land use impacts of commercial development on adjacent residential districts; and

h.

Provide sites for public and semi-public uses such as utilities and telecommunications infrastructure needed to compliment commercial development.

2.

CE-B-3: General business district.

a.

Purpose. The CE-B-3 district is intended primarily for uses that provide commercial goods and services to residents of the community in areas that are dependent on automobile access and exposed to heavy automobile traffic. These commercial uses are intended to be located on collector or greater roads and to be provided with adequate public services and facilities. They are subject to the public view and should provide an attractive appearance with landscaping, sufficient parking, and controlled traffic movement. Adjacent residential areas should be protected from potentially negative impacts associated with commercial activity.

b.

District-Specific Standard. Outside of the downtown Eagle River overlay district, maximum height of structures shall be 45 feet.

c.

District Location Requirements.

i.

Establishment of the CE-B-3 district or changes to existing district boundaries shall meet the general rezoning criteria of this code and shall not be expanded along street corridors or into surrounding neighborhoods unless consistent with the comprehensive plan.

ii.

Future rezonings to CE-B-3 shall take into consideration the desirability of CE-B-3 being located on collector or greater roads and being served with adequate public services and facilities.

3.

CE-RO: Residential office district.

a.

Purpose. The CE-RO district is intended to support residential use while extending professional, business, and office uses, or areas with a compatible mix of office and residential uses to the Chugiak-Eagle River area. The district provides for small to medium sized office or residential buildings, often in transition areas. The district allows multifamily residential, group living, and visitor accommodations.

b.

District-specific standards.

i.

Height. Outside of the downtown overlay district, maximum height of structures shall be 35 feet.

ii.

Landscaping. Landscape buffering shall not be required between residential uses in the CE-RO district and adjacent residential CE-R-2M or CE-R-3.

c.

District location requirements.

i.

New CE-RO districts shall be located in areas where the development buffers residential neighborhoods from heavy volumes of traffic or more intense commercial uses.

ii.

The CE-RO district shall not be expanded into areas designated residential in the Chugiak-Eagle River Comprehensive Plan.

4.

CE-RC: Rural commercial district.

a.

Purpose. The CE-RC District is intended for uses that provide a range of commercial goods and services including some light manufacturing, processing, retail service, and services performed on site for residents of the community. The district is primarily located in areas where concentration of development is prevented by lack of public water and/or sewer. The commercial and light industrial service uses are intended to be of lower density than other commercial use districts. Development within the CE-RC district will be where commercial goods and services are generally focused at intersections or in a linear manner along streets of collector or greater classification. The CE-RC district is not intended for moderate or high density commercial or light industrial developments.

b.

District-specific standards.

i.

Landscaping, screening, and fencing.

(A)

L3 screening landscaping shall be required along any right-of-way designated as a freeway in the Official Streets and Highways Plan.

(B)

L2 buffer landscaping shall be required along any lot line abutting residential lots.

ii.

Prohibited uses. Business-industrial parks (BIP-PUDs) are not permitted in the CE-RC district.

E.

Industrial districts.

1.

General purpose. The Chugiak-Eagle River industrial districts are generally intended to:

a.

Create suitable environments for various types of industrial uses;

b.

Reserve appropriately located areas for industrial purposes and limit non-industrial uses that may erode the supply of industrial lands;

c.

Provide adequate space to meet the needs of future industrial development, including off-street parking and loading;

d.

Strengthen and diversity the economic industrial base of Chugiak-Eagle River and provide employment opportunities;

e.

Minimize land use impacts of industrial development on abutting non-industrial districts; and

f.

Protect stream corridors, wetlands, and other important natural resources from the adverse impacts of industrial development.

2.

CE-I-1: Light industrial district.

a.

Purpose. The CE-I-1 district is intended primarily for public and private light manufacturing, processing, service, storage, wholesale, and distribution operations along with limited commercial uses that support and/or are compatible with industrial uses. Business-industrial parks and single-commodity bulk retail sales and building supply stores and services are allowed.

3.

CE-I-2: Heavy industrial district.

a.

Purpose. The CE-I-2 district is intended primarily as an industrial activity area and reserve for public and private heavy manufacturing, warehousing and distribution, equipment and materials storage, vehicle and equipment repair, major freight terminals, waste and salvage, resource extraction and processing, and other related uses. Non-industrial uses are limited to prevent land use and traffic conflicts and to maintain and protect the supply of industrial lands within the Chugiak-Eagle River area.

b.

District-specific standards.

i.

Heavy industrial uses shall be encouraged to locate along the Alaska Railroad corridor adjacent to Knik Arm or the Old Glenn Highway corridor adjacent to existing industrial-zoned property. If an overriding public interest is served by another location, adequate separation or buffering of less intense uses should be provided.

ii.

Any use in the CE-I-2 district shall be at least 50 feet away from any residential use on a different lot.

4.

CE-I-3: Rural industrial district.

a.

Purpose. The CE-I-3 district is intended for certain rural areas which, because of their topography, soil conditions, or location, or any combination of these factors, are better suited for industrial rather than residential or commercial development.

b.

District-specific standards.

i.

All development in the CE-I-3 shall retain a 100-foot vegetated buffer along any lot line abutting a residential district. Where the buffer area does not generally meet the plant material requirements of buffer landscaping in Table 21.07-1, such plant material shall be provided, unless the director approves a different buffer where plant material cannot be provided.

F.

Other districts.

1.

CE-AD: Airport district (Birchwood).

a.

Purpose. The CE-AD district is intended to provide for the Birchwood Airport, a transportation facility operated by the state of Alaska, Department of Transportation and Public Facilities.

b.

District-specific standards.

i.

All development in the airport district shall be governed by a state of Alaska master plan.

ii.

Type(s) of structures(s) shall be determined by the approved master plan.

2.

CE-DR: Development reserve district.

a.

Purpose. The CE-DR district may be applied to lands intended for future development, undesignated municipal lands, municipal and state tidelands and waters, and military lands.

b.

District-specific standard. Large lot single-family development may exist by-right; CE-DR areas shall be rezoned to an active zoning classification prior to any other development.

3.

CE-PCD: Planned community development district.

a.

Purpose. The CE-PCD district is intended to accommodate large-scale acreage for residential, commercial, industrial, or other land use developments and activities, including combinations of uses. It allows for flexibility under controlled conditions not possible with the other defined districts. The flexibility permitted must demonstrate that the final development will be compatible with the intents and purposes of this title and the goals and policies of the Chugiak-Eagle River Comprehensive Plan, and do not compromise public health, safety, and welfare. A CE-PCD district should include design features to ensure that the CE-PCD district is integrated with the surrounding neighborhood through features such as transition densities, external boundary buffering, and pedestrian and street connectivity. The CE-PCD district is limited to unified, comprehensively planned developments which are of substantial public benefit, consistent with the holding capacity of the land, and which conform to and enhance the policies of the Chugiak-Eagle River Comprehensive Plan.

b.

Application.

i.

The CE-PCD district shall be applied as described in subsection 21.03.160I., and the standards listed here, or shall be restricted to the uses and regulations as specified in the CE-R-8 district.

ii.

Where areas zoned CE-PCD are larger than 100 acres, the CE-PCD zoning strategy may be approved in phases no smaller than 40 acres.

iii.

When a large CE-PCD area is master planned in phases, each phase shall address how the current phase relates to other phases of the same CE-PCD area with regard to transportation, utilities, land use, environmental characteristics, and buffering.

c.

Record-keeping. The regulatory zoning provisions for each CE-PCD district shall be kept on file in the department.

4.

CE-PLI: Public lands and institutions district.

a.

Purpose. The CE-PLI district is intended to include major public and quasi-public civic, administrative, and institutional uses and activities as well as areas designated as a park use (but not dedicated as park) or natural resource use designated by an adopted local plan, and lands under the management of the Eagle River-Chugiak Parks and Recreation Service District. This district also is intended for municipal lands of high natural value or that are environmentally sensitive.

5.

CE-PR: Parks and recreation district.

a.

Purpose. The CE-PR district is intended to include municipal lands dedicated by the Assembly as parks in accordance with AMC 25.10.080.

6.

CE-TR: Transition district.

a.

Purpose. The CE-TR district is intended to include suburban and rural areas that, because of location in relationship to other development, topography or soil conditions, are not developing and are not expected to develop in the immediate future along definitive land use lines. The permitted uses in these districts are intended to be as flexible as possible consistent with protection from noxious, injurious, hazardous, or incompatible uses.

b.

District-specific standard. Parcels zoned transition (T) as of January 1, 2014 shall continue under the transition zoning provisions of the Title 21 land use regulations that existed prior to the implementation of the Title 21 Rewrite Project (2002-2012) and were current as of December 31, 2013, until such time as they are rezoned to a more appropriate classification in accordance with the Chugiak-Eagle River Comprehensive Plan. Where the transition-zoned areas are identified in the comprehensive plan as "Development Reserve" or some similar holding classification, the intent of this code is that such areas be rezoned into the development reserve district (CE-DR).

G.

Overlay zoning districts.

1.

General purpose. The Chugiak-Eagle River overlay districts are intended to support specific uses and services within the Chugiak-Eagle River area. The requirements of an overlay district are intended to augment the district regulations and standards. Whenever there is a conflict between the district regulations and those of the overlay district, the requirements of the overlay district shall apply.

2.

Creation, alteration, or elimination of overlay districts. The creation, alteration, or elimination of an overlay district is a rezoning and is governed by the provisions of subsection 21.03.160 H., rezonings to create, alter, or eliminate overlay districts.

3.

CE-DO: Downtown Eagle River overlay district.

a.

Scope. The underlying area encompassed by the downtown Eagle River overlay district is within either the CE-RO residential office district or the CE-B-3 general business district. This chapter superimposes a unique set of supplemental land use restrictions, and implements certain site and architectural design requirements, in support of the community goals established for the downtown Eagle River overlay district. Developments within the area designated by this chapter as the downtown Eagle River overlay district are required to conform to the requirements of the underlying district and the modifications imposed by the overlay district requirements, as set out in this section.

b.

Community goals for the CE-DO district.

i.

Create a cohesive town center.

ii.

Foster a sense of place as a unique, vibrant business district and community center.

iii.

Maintain a small-town character consistent with community values expressed through community meetings.

iv.

Promote incremental improvements in a manner that encourages business development and investment without creating additional costs or undue hardship to existing uses and businesses.

v.

Promote residential and commercial development that is distinctive, compatible with the town center of Eagle River, and provides a transition between single-family residential neighborhoods and the commercial core of the town center.

vi.

Provide variety and visual interest in the exterior design of residential buildings.

vii.

Promote a more pedestrian oriented town center.

viii.

Promote commercial and public buildings that reflect a human scale of limited height.

ix.

Promote a commercial design vocabulary compatible with our Alaskan setting that can serve as a unifying theme.

x.

Establish alternative local business resources to the Anchorage business community and encourage the development of a local economic base.

c.

Boundary description of the district. The Eagle River overlay district shall encompass the area described within the following bounds, as identified below: Map of the Downtown Eagle River overlay district.

From a point of beginning at the northwest corner of Tract S-1-B of Timber Ridge Units Subdivision, as found on Grid NW0251, proceeding east on the south side of Farm Avenue, crossing the Old Glenn Highway and continuing east along the north property line of lot 1-B, Block 12, Walter G Pippel Subdivision, Addition 2, to the northeast corner of lot 1-B, then proceeding southwest along the eastern boundaries of lots 1-B and 1-A to the intersection with North Eagle River Loop Road, then crossing North Eagle River Loop Road to the northeast corner of lot 7C1 of Block 11, then proceeding southwest along the eastern boundaries of lots 7C1 and 7B2 to the intersection with Hanson Drive, then crossing Hanson Drive to the northeast corner of lot 10 of Block 7, then west along the south side of Hanson Drive to the intersection with the northeast corner of Tract A of the Martin Business Park, then south along the eastern boundary of Tract A to the intersection with Easy Street, then crossing Easy Street to the northwest corner of Lot 12 of Block 5 and then south along the western boundary of lots 12 and 1 of Block 5, crossing Park Place Street and proceeding south along the western boundaries of 1 and 12 of Block 6 to the intersection with Coronado Road, then proceeding east on the south side of Coronado Road to the northwest corner of Lot 5 of the Sunny Slopes Subdivision, then south along the western boundaries of lots 5, 6, 15, 16, 25, 26, 35, 36, 47, 48, 49, and 65 to the intersection with Monte Road, then crossing Monte Road to the south side, then proceeding west on Monte Road to the northeast corner of lot 17 of the Dale Briggs Subdivision, then proceeding south along the eastern boundaries of lots 17, 16, 15, 14, 13, and 12 to the intersection with Lynne Drive, then west on Lynne Drive to the Old Glenn Highway, then proceeding south on the west side of Eagle River Elementary School and continuing south along the east side of Eagle River Road to the southwest corner of the Eagle River Elementary School property, then proceeding west across Eagle River Road to the eastern edge of the New Glenn Highway Right-of-Way, then north northwest along the eastern edge of the New Glenn Highway to the intersection with the southwest corner of Tract B-5 of Eagle Glenn South Subdivision, then east to the intersection with Regency Drive, then north across Regency Drive and continuing northwest along the west side of Regency Drive to the southwest corner of Tract B-9, then following the eastern boundary of Tract B-9 north-northeast and east to the southwest corner of Tract B of Timber Ridge, Unit 3, then following the eastern boundaries of Tract B to Tract B's intersection with Tract B-9, then north along the western boundaries of Tract H and Tract R-2 of Timber Ridge, Unit 3, to the intersection with Regency Drive, then crossing Regency Drive to the southwest corner of Tract S-1-B, then proceeding north along the western boundary of Tract S-1-B to the point of beginning at the northwest corner of Tract S-1-B.

Figure 21.10-1: Map of the Downtown Eagle River Overlay District

d.

Overlay district uses and standards.

i.

Purpose and intent.

(A)

Overlay over CE-RO district areas. The downtown Eagle River overlay CE-RO district is intended to include urban and suburban residential and professional office uses that are needed and appropriate in areas undergoing a transition, or in areas where commercial uses might be damaging to established residential neighborhoods. The downtown Eagle River overlay CE-RO district is further intended to provide a mix of low to medium density residential uses with certain specified business, personal and professional services. The regulations and restrictions in the downtown Eagle River overlay CE-RO district are intended to protect, preserve and enhance the residential uses while permitting uses characterized principally by consultative services or executive, administrative or clerical procedures.

(B)

Overlay over CE-B-3 district areas. The downtown Eagle River overlay CE-B-3 district is intended for general commercial uses in areas exposed to heavy automobile traffic. The district specifically is intended for areas at or surrounding major arterial intersections where personal and administrative services, convenience stores and retail shops, and automobile-related services are desirable and appropriate land uses. The extension of the downtown Eagle River overlay CE-B-3 district commercial uses along arterials, except as identified in the comprehensive development plan, is to be discouraged.

ii.

Permitted uses and structures. See Tables 21.10-4 and 21.10-5 for permitted uses and structures.

iii.

Dimensional standards. See Table 21.10-7 for dimensional standards.

iv.

Landscaping. In the area overlaying the CE-B-3 district,

(A)

L2 buffer landscaping shall be planted along each lot line adjacent to a residential district.

(B)

Except adjacent to collector or arterial streets, visual enhancement landscaping shall be planted along the perimeter of all outdoor areas used for vehicle circulation, parking, storage or display.

(C)

L1 visual enhancement landscaping shall be planted along all collector or arterial streets.

v.

Rules for measuring height.

(A)

Building height for most building types shall be measured as the vertical distance from grade plane to the midpoint (median height) of the highest roof surface, as shown in the illustration following this section.

(B)

Structures that are not buildings shall be measured as the vertical distance from grade plane to the highest point of the structure.

(C)

Where maximum height is measured in terms of stories, any story below grade plane shall be excluded from calculation of the number of stories for determining building height.

Measurement of Allowable Building Height
Building Height Allowance

Building Height Measurement

vi.

Grade plane. The grade plane for determination of structure height shall be the average of existing or finished grade, whichever is lower, abutting the structure at exterior walls. Where the grade slopes away from the exterior walls, the grade plane shall be established by the lowest points within the area between the building and the lot line, or where the lot line is more than six feet from the building, between the building and a point six feet from the building.

vii.

Establishment of grade.

(A)

The grade plane shall be calculated using the more restrictive of either the existing grade or the finished grade.

(B)

In no case shall the existing grade be altered by grading, such as an artificial embankment or where the ground has been built up to increase the grade around the building, to obtain a higher structure than is otherwise permitted in the district.

(C)

In a case where existing grade or finished grade is, in the judgment of the director, inappropriate or unworkable for the purpose of measuring height, the director shall establish grade in such a way as to be consistent with this section. The proposed grade being requested by the applicant shall not, in the judgment of the director, be detrimental to the general health, safety, and welfare; result in the loss of any public views and shall be reasonable and comparable with the grades of surrounding properties and streets; consistent with the character of the surrounding neighborhood; and necessary for the preservation and enjoyment of substantial property rights of the applicant.

e.

Repairs and maintenance.

i.

On any nonconforming structure or portion of a structure containing a nonconforming use, work may be done within any three-year period that does not exceed 50 percent of the value of the existing structure, as determined by the municipality. Improvements that include repositioning the building or reconfiguring the site are not allowed under this standard, unless the change brings the site closer to or into conformity with the standards of this chapter. Nothing in this chapter shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any official charged with protecting the public safety, upon order of such official.

ii.

The standards herein do not apply to remodels that do not change the exterior appearance of the building. Improvements that include interior and exterior work shall be valued as the sum of all of the work.

iii.

Preexisting tower structures shall be allowed to continue their usage as they presently exist. Routine maintenance (including replacement with a new tower structure of like construction and height) shall be permitted on such preexisting towers. New construction other than routine maintenance on a preexisting tower structure shall comply with the requirements of this ordinance.

iv.

Notwithstanding abandoned community interest and local interest towers and/or antennas, bona fide nonconforming tower structures or antennas that are damaged or destroyed may be rebuilt without having to meet the separation requirements. The type, height, and location of the tower structure on-site shall be of the same type and intensity as the original facility. Building permits to rebuild the facility shall comply with the then applicable building codes and shall be obtained within 180 days from the date the facility is damaged or destroyed. If no permit is obtained or if said permit expires, the community interest or local interest tower or antenna shall be deemed abandoned.

f.

Design modifications.

i.

Design modifications shall not undermine the intent of the design standards and guidelines.

ii.

The director shall have the authority to:

(A)

Require changes in project design to meet these standards,

(B)

Allow deviation from certain standards of this chapter, pursuant to "alternative equivalent compliance" and if necessary to allow for the reasonable development of the site, and

(C)

Modify the design standards and guidelines as they apply to individual properties, pursuant to "alternative equivalent compliance" and if necessary to allow for the reasonable development of the site.

g.

Alternative equivalent compliance for permitted uses.

i.

This alternative process is to promote creative design approaches resulting in development equal or superior to development that fully meets all requirements.

ii.

A proposal to modify development standards or requirements shall not undermine the intent of the core design standards.

iii.

This alternative process differs from the variance procedure because approval is based upon meeting or exceeding the intent of the standard by an alternate method, instead of allowing non-compliance based on unusual circumstances.

iv.

An applicant proposing alternative equivalent compliance shall request and attend a pre-application conference before submitting the site plan for the development. Based on the director's preliminary response, an applicant shall include in the site plan application explanation and justification, written and graphic, sufficient to support the alternative equivalent compliance requested by the applicant.

v.

An applicant may propose to deviate from the design standards if the proposal satisfies the evaluation criteria of this section.

(A)

Aspects of property development which can be modified, including the core design standards and building setbacks.

(B)

No other standards can be modified, including building height, uses permitted by the zone in which the property is located, and regulations for nonconforming uses.

vi.

The director shall have the authority to approve or disapprove designs that seek alternative compliance.

(A)

The director shall not approve a request for modification unless it provides architectural and urban design elements equivalent or superior to what would likely result from compliance with the core design standards and guidelines.

(B)

The director shall consider the following criteria in evaluating proposals:

(1)

The unique characteristics of the subject property, its surroundings and how they will be protected or enhanced by modifying the design standards.

(2)

The positive characteristics of the proposed development and whether such characteristics could be provided by compliance with the design standards proposed to be modified.

(3)

The arrangement of buildings and open spaces as they relate to other buildings and/or uses on the subject property and on surrounding properties.

(4)

Visual impact to surrounding properties caused by parking facilities in the proposed development and whether such impacts are less than would result from compliance with the design standards to be modified.

(5)

Whether the proposed design mitigates the impacts that could be caused by the proposed modification of the standards.

vii.

An applicant may appeal the director's decision to the planning and zoning commission. An applicant shall file an appeal within 30 days of the director's decision.

h.

Residential design standards.

i.

Pedestrian access intent.

(A)

Orient development to the pedestrian by making pedestrian access convenient, safe, and inviting.

(B)

Encourage walking and bicycling within the core of Eagle River.

(C)

Enhance the character of development within the downtown Eagle River overlay district.

(D)

Minimize impact of development on residential privacy.

ii.

Pedestrian access requirements. An on-site pedestrian circulation system meeting the following standards shall be provided for all multifamily developments:

(A)

Pathways between dwelling units and the street are required to meet the material standards in subsection h.iv. below. Pathways between the street and dwelling units fronting on the street shall be a direct route. The director may allow exceptions where steep slopes prevent a direct connection, or where an indirect route would enhance the design or use of a common open space.

(B)

The pedestrian circulation system shall connect all main entrances on the site. For townhouses or other residential units fronting on the street, the sidewalk may be used to meet this standard. For multifamily developments, pedestrian connections to other areas of the site such as parking areas, recreational areas, common outdoor areas, and any pedestrian amenities are required.

(C)

Elevated external walkways and external stairways which provide primary pedestrian access to dwelling units located above the bottom occupied floor are prohibited. (See illustration below) The director may allow external stairways and walkways located within or facing interior courtyard areas if they do not compromise visual access from the units into the courtyard.

Example of Prohibited External Walkway and External Access Stairway

(D)

Appropriate screening or buffering shall provide a physical separation between pedestrians, vehicle access areas, and the windows of residential units. Acceptable treatments include landscaped beds that separate the pathway from a building facade by a minimum distance of six feet where the facade has windows; placement of windows to maximize privacy without obstructing surveillance capability from within the dwelling unit; raising the ground floor units above the level of the walkway; and equivalent treatments which limit pedestrian view into dwelling unit windows.

iii.

Pedestrian circulation standards for multiple detached dwellings on one development site. Clear pedestrian access shall be provided between all dwelling units and the street to meet the material standards pathways included in this section.

iv.

Pedestrian access: Material standards for pathways.

(A)

The pedestrian circulation system shall be hard-surfaced and at least five feet wide (clear width).

(B)

The pedestrian circulation system shall be clearly defined and designed so as to be separated from driveways and parking or loading areas. At least two of the following design features shall be used to accomplish this:

(1)

Raised curbs;

(2)

Elevation changes;

(3)

Bollards;

(4)

Landscaping;

(5)

Decorative fencing;

(6)

Use of paving material other than asphaltic concrete; and

(7)

Other methods, as approved by the director.

(C)

Striping does not meet the separation requirement for pedestrian circulation. If a raised path is used it shall be at least four inches higher than adjacent paving with a transition to the adjacent paving that will allow snow removal. Bollard spacing shall be no farther apart than ten feet on center.

(D)

No portion of the building may shed snow or meltwater onto the pedestrian circulation system.

v.

Open space intent.

(A)

Provide accessible, safe, convenient, and usable on-site open space for the enjoyment of residents of the development;

(B)

Create open space that enhances the residential setting; and

(C)

Maintain some (not unlimited) views for adjacent residential neighborhoods.

vi.

Open space requirements for detached single-family uses. Detached single-family uses shall provide at least 300 square feet of private open space adjacent to each unit. Areas with any dimension less than 15 feet in width shall not be counted in this total.

vii.

Open space requirements for attached single-family units (townhouses or site condominiums) and duplexes. Attached single-family uses and duplexes shall meet the on-site open space requirements for multifamily buildings, except that private patios and private landscaped areas directly adjacent and accessible to the single-family unit may be used to meet 100 percent of the on-site open space requirements.

viii.

Open space required for multifamily buildings. Multifamily buildings shall provide 100 square feet of on-site open space per dwelling unit. Areas with any dimension less than 15 feet in width shall not be counted in this total. Acceptable types of open space include common open space, and private open space in combination with common open space as described in these standards. Except for spaces meeting the dimensional and design requirements of these standards, setbacks and parking areas shall not count towards meeting open space requirements.

ix.

Common open space. Where accessible to all residents, common open space may count for up to 100 percent of the required open space. This includes landscaped courtyards or public decks, gardens with pathways, children's play areas, or other multi-purpose recreation and green spaces meeting these standards:

(A)

Common open space shall be large enough to provide functional leisure or recreational activity. Except for porches and balconies, no dimension shall be less than 15 feet in width. Alternative configurations may be considered by the director where the applicant can successfully demonstrate that the common open space meets the intent of these standards.

(B)

Common open space shall include pedestrian amenities, with at least two of the following:

(1)

Paths.

(2)

Lighting.

(3)

Seating.

(C)

The requirement for pedestrian amenities is fully met by the installation of play equipment in common open space, without installation of other amenities.

(D)

Common open space shall be separated from ground floor windows, streets, service areas, and parking lots with landscaping, low-level fencing, or other treatments to enhance safety and privacy as may be approved by the director.

x.

Design standards for single- and two-family residential structures intent.

(A)

Reduce the dominance of garages and blank facades in residential design on Eagle River streetscapes.

Example of Garage and Blank Façade to be Avoided

(B)

Encourage the incorporation of pedestrian scale design details into building facades.

(C)

Promote architectural variety that adds visual interest to Eagle River core neighborhoods.

xi.

Design standards for single- and two-family residential structures requirements.

(A)

Housing mix by model: Any development of five or more units shall have a mix of housing models.

TABLE 21.10-3: CE-DO MIX OF HOUSING MODELS FOR RESIDENTIAL DESIGN STANDARDS
Number of units	Number of different models required
5—10	2
11—20	4
21—30	5
31 or more	6

 

(B)

Variation for adjacent lots: The development shall be arranged to avoid placing identical housing types, including mirror-image floor plans, on adjacent lots. Each housing model shall have at least two of the following variations:

(1)

Noticeably different exterior elevations and massing.

(2)

Noticeably different placement of the building footprint on the lot. A four-foot setback different between the two longest planes of adjacent homes on the side of the homes facing the street will be acceptable.

(3)

Noticeably different garage placement.

(4)

Noticeably different rooflines.

(C)

Garages: Garage doors facing the street shall comprise no more than 65 percent of the total length of the dwelling facade and, except for single story residences, garage doors shall not comprise more than 30 percent of the overall square footage of the dwelling facade facing the street. Garage doors that face the street and comprise more than 50 percent of the width of the dwelling facade shall be articulated forward or back from other portions of the front facade by at least four feet.

(D)

Windows: Transparent windows or doors facing the street are required. Buildings shall have a minimum of 15 percent of the facade facing the street composed of transparent windows.

(E)

Detail to enhance the primary facade: All residential buildings shall be enhanced with at least three of the following details on the primary facade:

(1)

For double garages, provide two individual garage doors rather than a single double-wide door.

(2)

Prominent front entrance distinguished by a separate roof, double doors, focal stairs or deck, fenestration, decorative porch design, or other means as approved by the director.

(3)

Decorative roof line to include multiple dormers, hip roofs and multiple rooflets.

(4)

Decorative use of building material, textural variation, and color to include shingles, tile, stone, wood siding, or other materials as approved by the director.

(5)

Decorative molding and framing details to include exposed decorative trusses, special moldings for attic and roof peak vents, balconies, and decorative or unique moldings for windows and doors.

(6)

Use of trellises, decorative retaining walls, or other elements as approved by the director that help to integrate the building to the site.

(7)

Other elements that meet the intent of the standards, as approved by the director.

Details that Enhance the Primary Façade

xii.

Design standards for zero-lot-line, townhouse residential development, and multifamily development.

(A)

No more than six townhouse units may be attached in a single row or cluster.

(B)

The building shall be given architectural and visual interest through at least three of the following methods:

(1)

Repeating distinctive window patterns at intervals less than 30 feet on center.

(2)

Vertical building modulation: Building modulation is a repeated pattern of changes in plane or articulation along the length of a building facade (See horizontal and vertical modulation illustration below). If the vertical modulation is coordinated with a change in color, texture, or roofline, the minimum depth and width of modulation is 18 inches for depth and four feet for width, and the minimum distance between articulated elements is four feet (See modulation requirements illustration below). If there is no change in color, texture, or roofline, the minimum depth is four feet, the minimum width is ten feet, and the minimum distance between articulated elements is ten feet (See modulation requirements for residences illustration below). In both circumstances, the maximum distance between modulations is 30 feet. Balconies may be counted as modulation if they are either recessed or extended from the main facade in accordance with the dimensions identified above.

Horizontal and Vertical Modulation

(3)

Articulation of the building's top, middle, and bottom: This calls for a ground floor that is distinctive from the middle floors of the building and a top floor that is distinguished by changes in roofline, materials, texture, or fenestration (window placement).

Modulation with Change of Color or Texture
Modulation Requirements

(4)

Horizontal modulation: (either a step-back or extension of the building along a horizontal line), minimum horizontal modulation is four feet.

Building Modulation for Buildings Without Changes in Color or Texture
Modulation Requirements for Residences without Changes in Color and Texture

(5)

Change in building material or siding style (may be coordinated with vertical or horizontal modulation). Use of different materials, such as wood siding, shingles, metal siding, Stucco or EFIS (exterior finish and insulation system), stone, tile, or other materials or texture as approved by the director.

(6)

Use of sloped roofs or change in roofline. To qualify, sloped roofs shall have a minimum slope of 4:12 (vertical to horizontal). The use of gables, hips and other changes in the slope are encouraged. (See use of sloped roofs illustration below). For buildings with flat roofs, or a combination of flat and sloped roofs, the roofline shall be modified by a minimum of 1/10th of the wall height. The change in roofline shall occur at a frequency of no greater than 30 feet as measured horizontally on the front facade. (See changes in roofline for flat roofs illustration below).

(7)

Other methods, as approved by the director that reduce the scale of multifamily buildings or add visual interest.

USE OF SLOPED ROOFS
To qualify, use of sloped roofs must have a minimum slope of 4:12 (vertical to horizontal) the use of gables, hips and oher changes in the slope are encouraged.
Use of Sloped Roofs

FLAT ROOFS OR COMBINATION OF FLAT & SLOPED ROOFS
For buildings with flat roofs or a combination of flat and sloped roofs, the roofline shall be modified by a minimum of 1/10th of the wall height. This change in roofline shall occur at a frequency of no greater than 30 feet, as measured horizontally on the front facade.
Changes in Roofline for Flat Roofs

i.

Commercial design standards. The following commercial design standards implement recommendations of the Eagle River Central Business District Revitalization Plan (2003).

i.

Intent

(A)

Ensure that commercial buildings add to the liveliness of streets and the overall community character by making buildings, pedestrian spaces and landscaping more prominent than parking lots and free-standing signs.

(B)

Encourage walking and bicycling within the core of Eagle River by making pedestrian access convenient, safe and inviting.

ii.

Building orientation, pedestrian, and open space requirements.

(A)

All new commercial buildings within the Eagle River overlay district that front on the Old Glenn Highway, Business Boulevard, or Eagle River Loop Road shall be set back not more than 20 feet from the street right-of-way.

(B)

An on-site pedestrian circulation system meeting the following standards shall be provided for all new commercial development:

(1)

Pathways between individual commercial developments and the street shall meet the material standards for pathways in this section where buildings are not directly adjacent to the public sidewalk. Such pathways shall form a direct connection between the street and buildings fronting on the street. Exceptions may be allowed by the director where conditions merit other consideration.

(2)

The pedestrian circulation system shall connect all main building entrances on the site. For commercial buildings with multiple entrances to individual retail stores, the community sidewalk may be used to meet this standard.

(3)

Elevated external walkways and external stairways which provide pedestrian access to commercial units located above the ground floor are prohibited. The director may allow exceptions for external stairways or walkways located in or facing interior courtyard areas.

Design Features to Clearly Delineate Pedesrian Walks from Adjacent Parking Areas

(C)

Material standards for pathways are as follows:

(1)

The pedestrian circulation system shall be hard-surfaced and at least six feet wide (clear width).

(2)

The pedestrian circulation system shall be clearly defined and designed so as to be separated from driveways and parking or loading areas through the use of at least two of the following design features:

• ;Raised curbs;

• Elevation changes;

• Bollards;

• Landscaping;

• Paving materials other than asphaltic concrete.

(3)

If a raised path is used it shall be at least four inches higher than adjacent paving with a transition to the adjacent paving that allows snow removal.

(4)

Pedestrian connections shall be illuminated with pedestrian scale lighting no higher than 14 feet, meeting the requirements of the Design Criteria Manual.

(5)

No portion of the building may shed snow or meltwater onto the pedestrian circulation system.

(D)

Plazas and other open space improvements shall meet the following standards (See illustration below):

Commercial Development, Plan View
Plaza Improvements

(1)

New or renovated buildings shall have plazas, courtyards, or other pedestrian spaces at or near the building main entrance. At a minimum, these spaces shall be sized at a ratio of one square foot of plaza or other open space per 100 square feet of interior building area.

(2)

Plazas or other open spaces shall include at least three of the following:

• Permanent special interest landscaping that exceeds the requirements of section 21.07.080 by at least ten percent;

• Special paving, to include colored/stamped concrete, brick, stone, or other unit pavers;

• Public art with a valuation of at least one-half of one percent of the total construction cost;

• A coordinated set of site furnishings used throughout the site to include benches, trash receptacles, bike racks, and may include tables. Site furnishings shall be commercial grade and fabricated of durable and weather resistant materials;

• Other elements that meet the intent of the standards, as approved by the director.

iii.

Building design standards.

(A)

The intent of the building design standards is to ensure that commercial buildings add to the liveliness of streets and the overall community character, and to create a design vocabulary that helps to establish continuity within the Eagle River core area.

Commercial Development, Front Elevation
Commercial Building Articulation, Entrance, and Material Treatments

(B)

Building entrances: The principal building entry shall be prominently visible from the street and marked by at least one element from each of the following groups:

(1)

Group A, articulation:

• Recess of at least three feet;

• overhang extending at least five feet;

• Canopy extending at least five feet;

• Portico extending at least five feet;

• Porch protruding at least three feet;

• Other elements that meet the intent of the standards, as approved by the director.

Wood Porticos and Canopies are Desired Features

(2)

Group B, fenestration and lighting:

• Clerestory window;

• Sidelights (clear glass windows flanking the entry);

• Ornamental light fixtures flanking the entry that are unique to the entry;

•en;Double entry doors;

• Other elements that meet the intent of the standards, as approved by the director.

(3)

Group C, materials:

• Exposed timber or log columns and trusses for overhangs, canopies, and porticos with stained wooden soffits (See illustration below);

• Special paving at entry;

•en;Other elements that meet the intent of the standards, as approved by the director.

Examples of Exposed Timber Trusses

Examples of Exposed Timber Trusses

(C)

Ground floor transparency requirements:

(1)

A minimum of 60 percent of any ground floor facade (the portion of the facade between two and 12 feet above grade) facing the Old Glenn Highway, Business Boulevard, or Eagle River Loop Road shall be comprised of windows with clear glass allowing views into the interior of the building. Display windows may be used to meet half of this requirement.

(2)

A minimum of 15 percent of any ground floor facade parallel to any street other than those named in paragraph a, above, shall be clear glass allowing views into the interior of the building.

(D)

Building massing and articulation requirements:

(1)

Buildings shall include horizontal and vertical articulation along the facades parallel to public streets.

(2)

Horizontal facades higher than a single story and longer than 100 feet shall be modulated above the ground floor into smaller units at intervals of no more than 30 feet. Modulation shall be accomplished through at least two of the following methods:

• Changes in roof form;

• Changes in depth of at least two feet for a width of at least eight feet;

• Changes in materials or texture.

iv.

Screening standards.

(A)

Intent: To screen utilitarian elements, such as mechanical equipment, refuse collection receptacles (dumpsters), and service areas from public view

(B)

Items that require screening:

(1)

Roof top mechanical equipment;

(2)

Outdoor storage areas used in connection with trade, service, or manufacturing activities that do not constitute retail display;

(3)

Snow removal and maintenance equipment storage;

(4)

Storage of recreational vehicles for longer than 48 hours;

(5)

Refuse collection receptacles (dumpsters);

(6)

Chillers and other mechanical equipment at grade.

(C)

Screening requirements:

(1)

Roof-top mechanical equipment: Roof top mechanical equipment shall be placed in such a way that it is not visible from public streets. It may be screened by parapet walls for flat roofed buildings, or it may be enclosed in an attic for buildings constructed with sloped roofs. The placement of chillers or other mechanical equipment on grade shall have sight-obscuring screening, six feet in height.

(2)

Storage items requiring screening under subsection iv.(B). above require screens that are eight feet in height and shall be opaque for six of the eight feet (See illustration below).

Screening Requirements for Outdoor Storage Areas
Example of Acceptable Required Screening for Storage Areas

Example of Acceptable Required Screening for Storage Areas

• Screens may be constructed of masonry, wood, metal, or may use the same building material used for the exterior of an adjoining building.

• Screens that are more than 25 feet in length shall be articulated. Articulation may be accomplished by clearly delineating between posts and panels with a change in depth of one inch or greater or a change in materials.

• The use of chain-link fencing and unfinished plain concrete masonry units is prohibited.

• Where space allows, use of landscaping is encouraged.

(3)

Refuse collection receptacles (dumpsters): Each refuse collection receptacle shall be screened from view on three sides by a durable sight-obscuring enclosure consisting of a solid fence or masonry wall six feet in height. Coordinating the materials used in the screen with the materials and colors of the associated building is encouraged. The use of chain-link fencing and unfinished plain concrete masonry units is prohibited.

4.

CE-EVO: Eklutna Village Overlay District.

a.

Purpose.

i.

The original Eklutna Village, located 26 miles northeast of downtown Anchorage, Alaska, is a Dena'ina Athabascan village with a subsistence lifestyle. The Eklutna tribe is one of several tribes that have historically lived in this part of southcentral Alaska, tied to the land, the river, and the inlet. The original Eklutna Village was established at the time of glacial melt, according to Dena'ina creation story, and is considered to be the oldest continually inhabited Athabascan site in the region. Although Athabascan Indians had lived in the area for almost a thousand years, Eklutna's present-day residents are descendants of the Dena'ina tribe who set up a permanent village in 1650, demonstrating that the land has been occupied and used by Dena'ina long before Anchorage came to be.

ii.

Eklutna, Inc. (EI) is an Alaska Native Claims Settlement Act (ANCSA) Village Corporation representing its shareholders and the indigenous peoples of Eklutna, Dena'ina. EI is the corporate entity that owns the majority of the vacant lands in the area of Eklutna Village. There are approximately 65 EI shareholders currently living in the area, with over 175 EI shareholders living elsewhere. Eklutna Village is considered "home" to all EI shareholders and Native Village of Eklutna (NVE) Tribal Members, regardless of residence elsewhere. The village area is connected to their culture, traditions, history, and heritage, making it especially significant to Dena'ina. EI and NVE believe the village deserves recognition as a unique and sacred place to Dena'ina people deserving preservation with continued use and protections.

iii.

Native Village of Eklutna is the only federally recognized tribal entity within the Municipality of Anchorage (MOA) boundaries. Recognizing the unique nature of Eklutna Village and the need to respect, accommodate and maintain traditional cultural practices and way of life, it is clear that standard zoning per Anchorage Municipal Code (AMC) may not be an effective regulatory tool and a specialized approach to land use regulation is appropriate. The overlay district serves to recognize and protect cultural and traditional uses, ensure that traditional and customary land uses are allowed, and protect the village from requirements for public trails and other uses not compatible on the village subsistence lands, while allowing them to progress and develop in the manner that best meets the needs of Eklutna people. Public trails and utility and transportation corridors could directly impact archaeological and cultural material of importance to the tribe, and would provide and promote casual access through sensitive historic, spiritual and subsistence areas of the village. This could compromise the integrity of this unique native village area and should be avoided.

iv.

The CE-EVO: Eklutna Village Overlay District is intended to create a district that will protect and preserve the rural character (and Dena'ina tradition) of the Eklutna Village and surrounding lands, and protect the traditional culturally significant uses, development patterns, and lifestyle. The overlay district specifically allows communal cultural use types, allows for extended multi-generational family living situations, retains rural roadway design, minimizes intrusion by public trail and utility systems, and facilities small-scale village-serving commercial uses.

v.

Recognition of the historical attributes of the overlay area, recognition of the importance of this overlay to the people in the community of Eklutna, and the adoption of this overlay, are not intended to address jurisdictional rights. The overlay is an exercise of powers of the Municipality to enact and enforce municipal land use regulation.

b.

Boundary Description of the District. The Eklutna Village Overlay District covers the area north of the Eklutna River, east and south of the Cook Inlet shoreline, west of T16N R1E Section 19 E2NW4, and west of the Glenn Highway. The boundaries of this tract are defined by the calls for natural and manmade features. Bearings of NORTH, SOUTH, EAST, SOUTHWESTERLY, NORTHWESTERLY, and NORTHEASTERLY are intended to be general in nature and for descriptive purposes only.

Beginning at the northeast corner of Lot 1, T16N R1E Section 18 Seward Meridian, thence SOUTH to the south meander line of Knik Arm as defined by General Land Office and Bureau of Land Management official surveys, said point being the True Point of Beginning for this description; thence SOUTH to a point intersecting the south right-of-way line of the Alaska Railroad right-of-way; thence SOUTHEASTERLY along said south right-of-way line to the northwesterly right-of-way line of the Glenn Highway, as shown on the State of Alaska Department of Highways Right of Way Map, Alaska Project No. F-042-1 (34), filed as Plat No. 81-243 in the Anchorage Recording District, Third Judicial District, State of Alaska; thence on said northwesterly right-of-way SOUTHWESTERLY to the Right (north) Bank of the Eklutna River; thence on said Right Bank of Eklutna River NORTHWESTERLY to the south meander line of Knik Arm

as defined by General Land Office and Bureau of Land Management official surveys; thence on said meander line NORTHEASTERLY to the True Point of Beginning; and

EXCLUDING THEREFROM Tract A of the N.B.A. Property Eklutna plat recorded in the Anchorage Recording District as plat 85-32;

AND EXCLUDING THEREFROM any portion of the Alaska Railroad right-of-way contained within this description.

CE-EVO: Eklutna Village Overlay District Boundary Map

c.

Uses and development standards.

i.

Uses. Notwithstanding the underlying zoning, the only uses allowed within the Eklutna Village Overlay District shall be those uses listed in table 21.10—4 under CE-EVO.

ii.

Municipal utility and transportation easements.

(A)

New municipal easements or corridor alignments for public trails, public utilities, or public transportation facilities, which traverse, penetrate, and/or bisect the Eklutna Village Overlay District, shall be prohibited, unless otherwise agreed to in writing by both NVE and EI.

(B)

New state, Federal or state/Federal regulated corridor/alignments, shall be strongly encouraged to avoid bisecting, penetrating and/or traversing the Eklutna Village Overlay District unless otherwise mutually agreed upon by NVE and EI.

(C)

Current utility easements, rights-of-way, and corridors are limited to their stated use and dimensions. Use and/or dimensions shall not be expanded without mutual agreement of NVE and EI. Future subdivisions within the boundaries of the Eklutna Village Overlay District shall not be subject to exactions of utility easements by public or private utilities, beyond the minimum necessary to service the specific parcel being subdivided, and providing for future service to adjacent/abutting parcels within the overlay district boundary.

iii.

CE-PCD Zoning, Prior Entitlements, and Master Planning.

(A)

Areas zoned CE-PCD within the overlay district are not required to submit a master plan before development. The provisions of this overlay govern allowed development within CE-PCD-zoned areas.

(B)

Any prior entitlements granted to development projects within the overlay district (e.g., Eklutna Natural Resource Extraction Conditional Use) remain valid and effective. If any condition placed on any entitlement approval conflicts with any provisions of this overlay district, the condition placed on the entitlement approval shall govern.

(C)

When cumulative commercial floor area in the overlay district area is proposed to exceed 100,000 square feet, additional commercial development shall be preceded by a master plan. The master plan shall address infrastructure planning and development and the relationship of the Eklutna Village area to the entire Chugiak-Eagle River area. The master plan may revisit the allowed uses within the overlay district and propose limitations or changes in the approval process. The master plan shall have the elements required by an area master plan (subsection 21.09.030E.3.e.) and shall be decided by the assembly after a public hearing, using the approval criteria of subsection 21.03.160E. (replace "rezoning" with "master plan").

iv.

Private open space. Section 21.07.030, Private Open Space, shall not apply within the overlay district.

v.

Transportation and connectivity.

(A)

Section 21.07.060, Transportation and Connectivity, shall not apply within the overlay district, except as follows:

1.

Traffic Impact Analyses may be required for applicable development in accordance with subsection 21.07.060C.

2.

Sidewalks shall be provided on streets of collector or greater classification in accordance with subsection 21.07.060E.

vi.

Landscaping.

(A)

Permitted uses shall be exempt from landscaping requirements, except that ground surface areas disturbed or stripped of vegetation shall be mulched or planted with grass or provided with other suitable ground cover, to mitigate erosion of soils by wind and water. Conditional uses will be subject to the standards of section 21.07.080, except as modified by this chapter.

(B)

Freeway landscaping per subsection 21.07.080E.1.g. shall apply except along the parcel legally described as T16N R1W Sec. 24 Eklutna Village Hall.

vii.

Residential design standards. Section 21.07.110, Residential Design Standards, shall not apply within the overlay district.

viii.

Streets located in the Eklutna Village Overlay District.

(A)

Streets located in the Eklutna Village Overlay District should be considered primarily rural. They should be designed to maintain the rural character of their neighborhoods. Street typology in Chugiak-Eagle River calls for minimizing the disturbance during construction so that native vegetation will be maintained as much as possible. Rural roads are to serve low numbers of local residents, so are narrower, typically two-lane, with wide shoulders and ditch drainage; however, one-way loops consisting of one travel lane may also be utilized. Pedestrian traffic occurs on adjacent paths or in the street shoulder. Street lighting is not typical, but can be installed when there is a specific safety-related need. Rural streets within the Eklutna Village Overlay District are typically strip paved, recycled asphalt pavement (RAP) or gravel, with no curbs or sidewalks.

(B)

Rural residential local streets within the Eklutna Village Overlay District shall have a right-of-way limited to the greatest extent possible to accommodate the proposed improvements. The street section shall be as narrow as possible to comply with safe and efficient function.

(C)

The platting authority may reduce the width of street rights-of-way during the platting process.

(AO No. 2012-124(S), 2-26-13; AO No. 2013-117, 12-3-13; AO No. 2014-40(S), § 1, 5-20-14; AO No. 2016-77 , § 1, 8-9-16; AO No. 2017-108 , § 2, 8-8-17)