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<br />Massachusetts and New Mexico are also
<br />recognizing the importance of adding teeth to
<br />plans. In June 2004, a smart growth audit in 52
<br />communities in southern Massachusetts found
<br />that plan implementation was a "major hur-
<br />dle" and recommended a change to state law
<br />to require consistency between plans and reg-
<br />ulations. In January 2007, the New Mexico
<br />Governor's Task'Force on Our Communities,
<br />Our Future issued its second report including a
<br />recommendation to "[m]odify state enabling
<br />legislation to require consistency between the
<br />zoning and subdivision ordinances and the
<br />comprehensive plan."
<br />New Orleans may take th~ prize. In 2002,
<br />Daniel Mandelker, FAIC?, a law professor at
<br />Washington University and a consultanttoAPA
<br />in developing the Growing Smart Legislative
<br />Guidebook, was asked to review the planning
<br />
<br />to J}rotect its historic neighborhoods.
<br />Planning for New Orleans must also take a
<br />visionary aJ}proach based on urban design
<br />principles. This kind of planning can provide
<br />responsive neighborhood and development
<br />plans that reflect a sense of place, and that
<br />will Fumish a blueprint for neighborhood
<br />preservation and new development projectS.
<br />
<br />The planning process must be completed
<br />through the preparation of aIr the necessary
<br />planning elements, and ,the land use plan
<br />must be revised to include the policy plan-
<br />ning and neighborhood approach that this
<br />report recommends. The clraft zoning ordi-
<br />nance should be shelved until the city can
<br />develop a different kind of zoning ordinance
<br />that implements the planning and zoning
<br />program recommended irithisreport.
<br />
<br />The planning and zoning program recom-
<br />mended in this report shoufd be.enacted
<br />into law by a city ordinance that mand~tes
<br />
<br />and legally structures the neighborhoods into
<br />the planning process before you begin to
<br />develop a plan forthe community. Over and
<br />over again it has been shown that the public
<br />as well as private sector will ignore the plan
<br />unless they are legally required to follow it.
<br />To retain the services of planners, to write
<br />planning reports, and,to involve citizens in a
<br />planning process before the legal authority
<br />has been established for that process is to
<br />waste taxpayers money and to cause citizen
<br />disillusionment."
<br />
<br />On June 5, 2008, New Orleans city council
<br />member Jacquelyn Clarkson introduced charter
<br />amendments prepgred by Smart Growth for
<br />Louisiana, The amendments propose to elevate
<br />the new Master Plan so that, when it is com-
<br />pleted, it will have the force of law. Land-use
<br />regulations, including the zoning ordinance and
<br />all capital expenditures, Will have to be consis-
<br />'tent with it. The city council voted in July to place
<br />the proposed charter amendments on the ballot
<br />for a vote of the citizens on November 4, 2008.
<br />All eyes are on New Orleans.
<br />
<br />
<br />and zoning processes in New Orleans and
<br />make recommendations for reforms. His report
<br />provides a clear description of both the cur-
<br />rent problems and possible solutions t-o fix a
<br />broken land-use planning system in that city.
<br />Mandelker recommended that the city adopt
<br />the consistency doctrine and embue the mas,"
<br />ter plan with the force of law.
<br />
<br />'!New Orleans is a priceless legacy; its sur-
<br />vival requires care and protection.
<br />Mandatory planning, and a requirement that
<br />all land use decisions must be consistent
<br />with the comprehel1sive plan, are necessary
<br />to manage ?evelopment within the city and
<br />
<br />the adoption of a comprehensive plan by the
<br />city council and requires all zoning and land.
<br />use decisions to be consistent with the com-
<br />prehensive plan. The city charter can eventu-
<br />ally be amended to authorize these ,
<br />requirements. The neighborhood organiza-
<br />tion program and planning and zoning proce-
<br />dures recommended in this report should
<br />ensure thatthe policies of the plan are
<br />implemented, and that the zoning ordinance
<br />is fairly administered.
<br />
<br />Experience in other cities has taught me that
<br />you must adopt the legislation that man-
<br />dates the creatign pfthe master plan, estab-
<br />lishes the principal ofregulatory consistency,
<br />
<br />VOL. 25, NO.8
<br />Zoning Practice is a monthly publication of the
<br />American Planning Association. Subscriptions'
<br />are available for $75 (U.S.) and $100 (foreign).
<br />W. Paul Farmer, fAICP, Executive Director;
<br />William R. Klein, AICP, Director of Research.
<br />
<br />Zoning Practice (ISSN 1548-0135) is produced
<br />at APA..Jim Schwab, AICP, and David Morley,
<br />Editors; Julie Von Bergen, Assistant Editor; Lisa
<br />Barton, Design and Production.
<br />
<br />Copyright @2008 by American Planning
<br />Association, 122 S. Michigan Ave., Suite 1600,
<br />Chicago, IL 60603. The American Planning
<br />Association also has offices at 1776
<br />Massachusetts Ave., N.W., Washington, D.C.
<br />20036; www.planning.org.
<br />
<br />All rights reserved. No part of this publication
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<br />ZONING PRACTICE 8.08
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