Assembly reviews substitute rezone near airport and Chena River; planning staff recommends 25-foot waterway setback

Assembly staff and planning officials presented a staff report and substitute ordinance for a property rezone identified as RZ2024-3, an applicant-initiated request to change about 17 acres west of Dale Road and north of Supply Road from light industrial to light commercial.

Kellen Spielman, planning staff, told the Assembly the applicant (one owner of several parcels) wants the change to allow multifamily development. Spielman said the planning commission recommended a substitute ordinance that adds a 25-foot waterway setback adjacent to the Chena River; "the additional restrictions would be that no structural development, with a couple of exceptions, are allowed within 25 feet of that waterway," he said. The exceptions he listed were docks, decks and boat launches or uses that would require a conditional-use review.

Spielman described the site as roughly 17 acres, largely in a special flood hazard area under current FEMA maps, with multiple parcel owners including parties affiliated with Everett's Air and the Riverboat Discovery. He said nearly all the parcels now carry an Airport Noise Sensitive Area (ANSA) overlay and that the planning commission and the Chena Riverfront Commission forwarded recommendations: the Chena Riverfront Commission favored a 25-foot waterway setback rather than the more restrictive Waterway Protection Area overlay.

Members of the public and property owners supplied testimony to the planning commission. Spielman said three residents across the river asked for larger setbacks (some asking for about 100 feet) and one property owner, Henry Dale, objected to the waterway setback. Spielman also told the Assembly that one parcel owner who is the applicant supported the 25-foot setback and provided preliminary plans showing building footprints set back well over 100 feet from the river.

Assemblymembers asked about impacts on individual owners, whether the setback would alter existing dwellings' legal status, and what state or federal permitting would still apply if development were proposed. Staff noted that floodplain controls, Alaska Department of Natural Resources and Army Corps permits could be required for riverbank work and that a no-rise analysis would be required for development in the floodway.

No final action or vote occurred in the work session; staff indicated the item would proceed to a public hearing next week and that affected owners will be notified. Planning staff said they do not classify the request as a spot zone and concluded the rezone conforms to the comprehensive plan, subject to the waterway setback overlay.