Anchorage Mayor Mark Begich admits he's doing things a little backwards when it comes to the city's massive overhaul of the municipal code Title 21, which covers land use and building design across the Anchorage Bowl.
Typically in such processes, the code is written and the leading department gets a few public comments. Those comments deemed worthy of consideration are incorporated into the final draft and it's passed. Then those who have to follow the code soon determine what items won't work - for a variety of reasons - and begin efforts to lobby the governing body to make changes. The process could take months or years.
But Begich is trying something different with the Title 21 rewrite. He's trying to work out the wrinkles in the code before it becomes law.
One way he's aiming to do this is by putting together a private development group, made up of representatives from all aspects of the building and land use industries, including developers, contractors, bankers and title company representatives.
The group meets regularly to discuss the proposed changes, and later will actually test the code - before it's law - in actual project development.
"It's an impressive group," Begich said. "They're all connected to land use in some way, and we want their input. They're going to create data to help us see the pros and cons to Title 21."
Why the backdoor approach?
"In my view, it's the way it needs to be done," he said. "I'm trying to change the dynamics of how to do business in the city. I always hear from people that we ask what changes to make, but after it's implemented, we never ask how it's working. We want to figure this out before we put it on the books."
Makes sense, right? "Yeah, and that's the problem," he added. "It's never been done before. But it's a fear of the unknown. People aren't saying they don't like it, they're saying, 'I don't know what that's going to mean, so don't do it.' That's why we've stretched the timeline and why the modeling will help people understand the process."
Begich pushed back the deadline by a month for comment on Module 3, the final section of the three-part draft. In the next few weeks, he plans to ask the Anchorage Assembly to approve a new schedule for final approval of the code.
The extra time will allow the public more time to decipher the code and to issue their comments. If the assembly approves, the final draft of the new Title 21 will be pushed back nearly a year to the fall of 2006.
But developers and business owners are nervous. The new codes could mean massive changes in everything from where buildings can sit to where to put the dumpsters. Residential areas won't be left out of the changes either. The code covers such things as setbacks and how tall your fence can be.
"It is a major undertaking," said Tom Nelson, planning director of the municipality's Planning Department. "The current code has a lot of problems with interpretation and organization. It's not current with the kind of development plans the city is trying to encourage, like mixed-use development."
One example for mixed-use designs is to encourage the private sector to open retail stores that have apartment units on upper levels. Such a design would make better use of land and transportation outlets, especially in the downtown area, but it's not possible under the current codes.
Old code doesn't fit new plan
The rewrite of Title 21 began two years ago, and few would argue against the need for it to be done, Begich said.
The basic structure of Title 21 is essentially the same as it was when first adopted in 1969, with some changes made in the 1970s. Over the years, amendments have been made but there has been no evaluation of the overall code as to its organization, need for updating or ease of use by the public.
Some provisions have become dated, and cross-referencing the information has become difficult for users, particularly for those not familiar with the often obtuse language of municipal codes.
The problems became more obvious after the city adopted the Anchorage 2020 comprehensive plan. This plan introduces planning ideals and policies that didn't meld with the current code. For example, policies promoting mixed-use development in certain areas of the Anchorage Bowl, such as major employment centers, redevelopment and mixed-use areas, or town center areas cannot be easily achieved with the current regulations for commercial zones in these areas.
The municipality hired Clarion Associates, a consulting firm based in Denver, to write a new land use code of regulations. The company began by writing a diagnostic report citing necessary changes needed in the code. From there, Title 21 was broken up into three modules consisting of 13 chapters.
Module 1 was released in July 2003, with the second module put out six months later. Module 3 came out this summer, and the public comment period deadline was recently extended a month to January.
Public comment will be represented in the final draft, Nelson said.
"We're trying to work as close as we can to get a consensus," Nelson said. "There will be several hearings before the final draft goes to the assembly. There's going to be plenty of opportunity for people to become involved. We have a very diverse community and not everyone will agree. That's why we're trying to make it a very interactive process.
"People as individuals are not used to change and they don't want it," Nelson added. "And for others, it's affecting their livelihoods. But that's why people should get involved in this. Anybody involved in community development would certainly want to be involved."
Nelson admits the code is overwhelming. Begich recently said that it scared even him.
"It's code," Nelson said. "You don't want to pick it up at page 1 and read it through, it'll put you to sleep in no time. But get familiar with it. Find the part that affects you. If you approach it in an organized manner, it starts to make sense. But it won't read like Anchorage 2020. It's not like a news story or a magazine story. It's code."
The final draft due out in the spring will have illustrations to help people better visualize some of the code, Nelson said.
Meanwhile, Begich is trying to assure everyone that this rewrite won't get thrown on the table with your friendly government official saying, "Good luck."
"I want to reassure the development community that I'll be watching this closely," Begich said. "I'll sign off on it before it goes to the assembly. If there are parts that are unclear, I may separate those out and make sure they are ready before they go to the assembly. The buck stops here."
To review the Title 21 drafts, go to the Municipality of Anchorage's Planning Department Web site at www.muni.org/planning/prj_Title21.cfm. Comments can also be e-mailed to the department at title21@ci.anchorage.ak.us.
