|
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. By
the middle of 2008, eight chapters have been approved. The critical
chapters on Development and Design Standards, Use Regulations, Dimensional
Standards and Measurements and Review and Approval Procedures are scheduled
for Planning and Zoning Commission and Assembly review by the end of 2008.
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. The Planning Department's website
is here.
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
None
scheduled at this time.
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. The Planning and Zoning
Commission's public hearing on the Economic Impact Analysis will continue
on August 4, 2008 (tentative date) at 6:30 p.m. in the Assembly Chambers.
Information about the Economic Impact Analysis can be found at
www.muni.org/planning/Econ_Impact_Analysis-T21.cfm.
Planning
and Zoning Commission deliberations on Chapter 21.07, Development and
Design Standards, are scheduled for August 11, 2008 at 6:30 p.m. in the
Assembly Chambers.
Public Hearings at The Assembly
The
Assembly public hearing on Chapter 21.05, Use Regulations, has been
continued to July 29, 2008, in the Assembly Chambers of the Z.J. Loussac
Library, 3600 Denali Street. Assembly meeting begins at 6:00 p.m.
ASSEMBLY TITLE 21 COMMITTEE
The
Assembly's Title 21 Committee meets each Thursday morning - 9:30am to
11:30pm in Planning's conference room at Tudor and Bragaw. After strong
urging from Mayor Begich and Assembly Chair Matt Claman to speed up their
review, the assembly's Title 21 Committee began relying more on Planning
and Zoning Commission decisions, and less on committee members' opinions.
Several bullets were dodged, including:
·
Heavy
snow removal equipment will be stored in industrial zones, not in
neighborhood commercial districts.
·
Connex
storage units will be banned in all but Public Lands and Institutions and
Industrial districts, and are to be screened where they are allowed.
·
Fabric
structures (cloth garages and inflated structures) used as garages, sheds,
or warehouses will not be allowed in neighborhoods (of course you can still
put up a shelter for your outdoor party.)
·
Some
of the questions that have not been discussed with the public since
Clarion's contract ended years ago, include:
·
How
well does the proposed code protect urban wildlife?
·
How
will developers contribute to public open space, through land set asides or
through "fees in lieu?" - - How does the code protect
neighborhood character when a home owner decides to build up and out as far
they can? - - Will children living in site condos get safe play spaces?
·
How
will developers involve community councils for project review?
·
How
does the code respond to a more energy efficient future with better transit
and less driving? (Think parking requirements, landscaping and sidewalk
widths.
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 attempt 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:
Module
1 Cover
Module 1 Transmittal Memo
Module
1, Chapter 1: General Provisions
Module
1, Chapter 2: Boards, Commissions, and Municipal Administration
Module
1, Chapter 3: Review and Approval Procedures
Annotated Outline of a New Title 21: Land Use
Planning, prepared for the Municipality of Anchorage by Clarion Associates,
March 2003.
Report Cover Page for the Title 21 Annotated Outline.
Diagnosis of Title 21: Land Use Planning, Prepared
for the Municipality of Anchorage by Clarion Associates, November, 2002.
Report Cover Page for Diagnosis of Title 21
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:
ACC Title 21 Work Groups Notes, July 30&31, 2003
ACC Title 21 Work Groups Notes, August 6&7, 2003
ACC Title 21 Work Groups Notes, August 13&14,
2003
ACC Title 21 Work Groups Notes, August 21, 2003
(group 2 only)
Work Groups' comments received on Module
2:
Citizens
have discussed issues and have arrived at consensus on items.
See ACC Title
21 Work Groups Module 2 Consensus Statements
See ACC Title
21 Work Groups Module 2 Individual Statements
Work Group's Questions on Module 2:
Citizens
posed questions while reviewing the draft of Title 21, Module 2, and these
questions have been answered by MOA planning staff and/or the consultants.
See Questions
and Answers 1, Questions and Answers 2 and Questions and
Answers 3.
|
