Title 21 Rewrite
Anchorage's
land use laws, referred to as Title 21 after their section of
our legal code, are being rewritten. This effort is a mandate
of the Comprehensive Plan, Anchorage
2020, adopted in 2001. This is dry stuff that will get
you snoozing. It's also
extremely important since the rules we prepare now will be with
us for decades.
If
Title 21 is written to implement the vision of Anchorage
2020, Anchorage will continue to be a wonderful place to
live.
Contents:
Will
this effort create the city envisioned in Anchorage 2020?
How far has Title 21 drifted from
its role of implementing Anchorage 2020?
We need to get this rewrite of Title
21 back on track!
What
can you do?
Public
Meetings & Hearings
Title
21 - Documents for Review
- Comparison of existing code with proposed code
-
ACC's comments on Chapters 4, 5 and 6
-ACC's comments
on Chapter 7 (Development and Design Standards)
- More Documents
Title 21 Rewrite Economic
Impact Analysis
ACC's
Title 21 Citizen Participation Project
Will
this effort create the city envisioned in Anchorage 2020?
We are concerned that as the years of work on Title 21 have
passed; as we've moved from the early "modules" to
Drafts 1 and 2 and now on to the "Final Public Review Drafts;"
we have drifted away from the direction Anchorage 2020
points us. The approval schedule for Title 21 has been split
into two efforts. Four
chapters were given provisional approval by the Anchorage
Assembly in early 2007. The remaining chapters are expected
to go before the Assembly in January of 2008. Click
here for the schedule as of June 2007.
We
have moved so far away from Anchorage 2020, that the
draft rewrite actually states that Title 21 will overrule Anchorage
2020 when there are conflicts between the two! Anchorage’s Comprehensive Plan, Anchorage 2020, should be clearly and consistently
supported as the guiding document for Title 21.
Anchorage 2020 says of its Role & Purpose:
“Once adopted,
the Plan becomes a public declaration of the policies that will
guide decisions of the Municipal Assembly, the P&ZC and
other municipal planning boards and commissions …”
Anchorage 2020 requires that
Tile 21 regulations “shall be enforced to the greatest extent possible based in conjunction
with policies stated in Anchorage 2020.” Anchorage
2020 is the planning document. Title 21 is the implementation
document. If Title 21 does not agree with 2020 then there is no planning and we wasted
years of effort.
With
this back ground, it’s a surprise to see in the current draft
of Title 21 in Chapter 1 Section 6 on Conflicting Provisions:
Section 21.01.060 Conflicting Provisions
B. Conflict with the Comprehensive Plan
Where conditions, standards, or requirements imposed by any
provision of this title are either more restrictive or less
restrictive than any provision found in the comprehensive plan,
the provisions of this title shall govern.
This
section is backwards to common sense and conflicts with state
law and legal opinions.
This section
must be corrected this by changing the wording to this:
the provisions of the comprehensive
plan shall govern.
Having put 2020 in its rightful place, it seems reasonable
that when presenting decisions, boards and commissions say how
their decision implements 2020. In Chapter 2: Boards, Commissions and Municipal
Administration Section B.12 Record of Proceedings this should
be added:
The
record of the decision should show how the decision implements
or is in concordance with the Comprehensive Plan.
If
these changes are made to the current versions of Title 21,
other issues will start to fall into place.
How far has Title 21 drifted from its role of implementing
Anchorage 2020? As the process
of rewriting our land use laws has progressed, we have moved
away from the goals of Anchorage 2020. That is clear
in this draft’s presentation of its purpose in section 21.03.030. Some of this is straight out of Anchorage 2020. It’s interesting to see what got dropped.
2020
says “A balanced, diverse
supply of affordable, quality housing, located in safe and livable
neighborhoods with amenities and infrastructure, that reflects
Anchorage’s varied social
and cultural physical environment . This
draft of Title 21
left out the bold part. The
idea of protecting the character of our diverse neighborhoods
is a major part of 2020.
2020
says of a Community Vision: “A
northern community built in harmony with our natural resources
and majestic setting.” Compare that with this section’s “Minimize adverse impacts of land development on the natural
environment.” Every city should play to its strengths and Anchorage’s
is this incredible setting in which we live.
Let’s set a higher bar!
2020
says on Wildlife: “A wide
diversity of fish, wildlife and habitats throughout the Municipality
that thrives and flourishes in harmony with the community.” Title 21’s purpose statement? Not a word on wildlife!
2020
says on Natural Open Spaces: “A
network of natural open spaces throughout the community that
preserves and enhances Anchorage’s scenic vistas, fish and wildlife and plant habitats
and their ecological functions and values.” The Comprehensive Plan mentions “a strong commitment to protect natural open spaces ...
will maintain the quality of the environment.”
Natural Open Space is a big deal in Anchorage
and that is reflected throughout Anchorage
2020. This draft
of Title 21 tucks it into one sentence with parks and facilities.
We need to get this rewrite of Title
21 back on track! Chapter 1 of 2020
has a section “Anchorage
2020 – A New Direction” It
says, “The demands of rapid growth have faded, and quality of
life issues have moved to the forefront.” From this rewrite’s early “modules” through Draft 1 and Draft
2, the changes proposed for Title 21 have
drifted steadily away from Anchorage 2020. The Purpose Statement, many details and the
dominance of 2020
over the land use rules should be turned back in that “New Direction.”
What
can you do?
Contact
the Anchorage Planning Department E-mail: title21@muni.org
or phone: (907) 343-7921 Fax: (907) 343-7927. Tell them you
like the vision in Anchorage 2020 and you expect Title
21 to bring us in there.
Contact
Anchorage Citizens Coalition to get on our newsletter and alert
list.
email: acc at accalaska.org .
Public
Meetings & Hearings
COMMUNITY
MEETINGS by the MOA Planning Department
These
are informative meetings with the planning department. They
are informal friendly gatherings. These are a good start for
people who want to get more educated. They are not long enough
to get into a lot of the details.
None scheduled.
PUBLIC
HEARINGS AT THE PLANNING AND ZONING COMMISSION
The
Planning and Zoning Commission is very hard working and has
shown an impressive desire to get input on Title 21. Unfortunately,
the public response has been thin. At the three nights of hearing
on Chapters 4, 5 and 6 less than a dozen people spoke at each
hearing.
None scheduled. When the Economic Impact Assessment is released,
they will have a hearing on that and will reopen a public hearing
on Chapters 4, 5 6, and 7.
PUBLIC
HEARINGS AT THE ASSEMBLY
After the PZC takes action on these chapters, the Assembly is
anticipated to schedule a public hearing sometime during the
first part of 2008.
Title 21 -
Documents for Review:
On August
7, 2007 the Planning Department released for public review the
following chapters of Title 21. The Planning & Zoning Commission's
public hearings are completed. Their recommendations to the
Assembly should be done in mid-December.
—
Chapter 4: Zoning Districts Describes the various zoning
districts in the Municipality and any district-specific standards.
—Chapter
5: Use Regulations Defines the various land uses of the
Municipality and shows which land uses are allowed in which
zoning districts, as well as any use-specific standards.
—Chapter
6: Dimensional Standards and Measurements Provides dimensional
information for each zoning district, such as minimum required
lot area, setbacks, lot coverage limits, height, etc.
—Chapter
12: Nonconformities Delineates the rules for those situations
where an existing use, lot, or structure does not meet the requirements
of the code.
Click
here for a "side-by-side" comparison of
existing code and proposed code prepared by the Planning
Department. This is a useful document to get a sense for what
is changing. Chapter 7 on Development and Design Standards is
an important companion to this information.
Click
here for ACC's comments on Chapters 4, 5, 6.
—Chapter
3: Review and Approval Procedures Lays out the application,
review, and approval processes for entitlements and other procedures
of the Planning Department. Common procedures include conditional
use requests, rezoning requests, and variance requests.
—Chapter
7: Development and Design Standards Provides development
and design standards for all development in the Municipality.
Standards include stream setbacks, parking and landscaping requirements,
and building design standards.
Click
here for ACC's comments on Chapter 7.
—Chapter
14: Rules of Construction and Definitions Supplies the definitions
of terms used throughout Title 21.
These chapters can
be downloaded from the Municipality's website: http://www.muni.org/planning/prj_Title21_PublicHearingDraft.cfm.
For the current Draft of Title 21as well as the first attemp
Modules 1, 2 and 3, please see http://www.muni.org/planning/prj_Title21.cfm
To get a sense for how far
we have moved from the early stages of the rewrite, check out
these early drafts:
Title 21 Rewrite Economic
Impact Analysis
Bob Lewis of Development Strategies is preparing
the Title 21 Economic Impact Analysis (EIA) most of his presentations
that were scheduled for July were cancelled. Apparently he did
manage to meet with one group.
A proper analysis of possible changes to Title
21 must include the direct monetary costs of additional requirements
as well as the benefits to the community in general and to adjacent
landowners. The direct costs are easy to tally. Those indirect
benefits can be huge, but are very hard to calculate. The budget
for this study was small so we need to be vigilant that the
analysis is fair.
ACC Title
21 Citizen Participation Project
The
Anchorage Citizens Coalition organized a series of meetings
where citizens reviewed and discussed early drafts of a new
Title 21. Each of the three modules were reviewed as they were
released to the public. Individual comments and group input
was compiled and forwarded to the Municipality of Anchorage
Planning Department and Clarion Associates.
Work Groups' Comments received
on Module 1:
Work Groups' comments
received on Module 2:
- Citizens have discussed issues
and have arrived at consensus on items.
Work Group's Questions
on Module 2:
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