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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:

Work Group's Questions on Module 2:

 

 

We're working hard to make Anchorage the most livable city in America!

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