CULLMAN AND PELHAM COMPREHENSIVE PLANS
by Don Casey
"Sustainable Development" continued its march across Alabama this past
week as two meetings introduced their respective communities to
"comprehensive planning."
Tuesday, November 12, 2002, KPS Group formally unveiled two
"comprehensive plans" sponsored by Outlook XXI for Cullman County and
the City of Cullman. KPS, an architectural and consulting firm in
Birmingham, has authored many "plans" across the country. The firm was
paid more than $100,000.00 for these two plans, which contain a total of
105 pages.
The Cullman City and County "plans" were available at the web site
http://www.cullmaneda.org/ several days prior to the public meeting at
Wallace State College in Hanceville. This provided time for some local
residents to develop and distribute an informative flyer within the
county. These efforts resulted in a larger than expected turnout and a
group of informed citizens ready to ask questions.
This past summer, residents of Indian Springs Village, Alabama were
introduced to their "plan," also authored by KPS and available at web
site http://www.indianspringsvillage.org/.
After the presentation, Spokesman Mark Bussman fielded questions from
the audience:
"Is what’s in this plan going to be put on a ballot for us to vote on?"
asked a member of the audience.
Mr. Bussman replied: "No."
The discussion then focused on countywide zoning and Mr. Bussman assured
the audience that the "comprehensive plan" had nothing to do with that.
A member of the audience responded: "On page 43 the plan states, 'The
Outlook XXI Strategic Agenda includes a desire to enact countywide
zoning…'" The audience laughed and Mr. Bussman just sort of shrugged.
We know that zoning is a primary tool used by social planners to entice
residents to relocate to better accommodate the planning agenda - in
this case it could well be used to bring Cullman County rural dwellers
into the city of Cullman.
Municipalities in Alabama are chartered by the State’s Constitution with
broader powers than those granted county governments. The "comprehensive
plan" for the City of Cullman reflects the use of that authority. The
"plan" contains many examples of the powers of state at work, one of
which is that all major roads (including the land on either side and
intersections with its adjoining property) will come under the absolute
direction of local government. The wording in the "plan" softens this
reporter’s description by using the following phrasing under the heading
"MAJOR CORRIDORS AND GATEWAYS:" "Take charge of the land use,
functionality, and aesthetics of the city’s major commercial corridors."
(page 12)
On page 48 we find these comments: "The city has three critical powers
that enable implementation of the plans and policies of this document.
These powers include police power; taxation, budgeting and investment;
and the use of eminent domain....Exercise of the police power should
include revision of municipal ordinances and regulations – zoning
ordinance, subdivision regulations, design review, sign regulations,
landscape regulations, anti-neglect regulations – to ensure the Plan’ s
goals and policies are properly reflected, implemented and enforced..."
As you can see, the plan envisions heavy use of the state's power of
control over citizen activities.
On Thursday, November 14, 2002, Pelham’s Planning Commission held its
regularly scheduled zoning meeting at which time the Regional Planning
Commission of Greater Birmingham presented their proposal of a
"comprehensive plan" for Pelham. Unlike the Cullman and Indian Springs
Village plans the draft of the Pelham’s plan has not been exposed to the
general public but can be examined at city hall. This tactic minimizes
informed questions that elected officials may not wish to answer.
Examining the plan during the meeting revealed a different and much
softer approach than that expressed by the language used by KPS in their
three "plans," language such as "…the city must ensure that every power
and every penny is used in support of plan implementation." Pelham’s
"comprehensive plan" is more prone to use terms like: "sustainable
development" i.e. "managed growth," "Lifestyle Centers," "Suburban
Village Centers" and "Master Planned Community."
During the question and answer period an audience member said that at
prior a meeting of the task force working on the "plan" he heard the
comment made that once the "plan" was adopted it would be nearly
impossible to change anything in it. The mayor, chairing the planning
commission, replied that the "plan" was merely a "guide" and that it
could be changed at any time. The representative from the Regional
Planning Commission echoed his sentiments, this seemed to allay his
concern. The answer may be correct at the present time, but a look at
what is happening in other states indicates his question and his fears
are right on target.
At the close of the Pelham’s planning commission meeting Mr. Joey
Hester, the representative from the Regional Planning Commission, was
asked how an Urban Growth Boundary (UGB) might fit into Pelham’s
Comprehensive Plan?. He replied that there is no need for one since
Pelham is land locked by other municipalities. His reply, however,
simply confirms that UGBs are part of these "managed growth" plans.
Grant County, West Virginia in the helps us clarify "comprehensive
planning" with the following quote:
"The Plan provides a legally recognized framework for making decisions
about land use and other planning and policy decisions." Texas law firm Brown & Hofmeister makes this comment after referencing
Texas Statute § 219.005.II concerning local government: "The
comprehensive plan, once viewed primarily as an advisory document to the
local governmental body, is in many states becoming a legal, binding
document as well as a prescription for future development patterns."
"Comprehensive Plans" are blank checks authorizing policies that are
completely unknown to the public. Once a plan is approved by the local
government the task of writing laws to bring the policy into reality
begins. Reversing the process is akin to asking the preacher if he made
a mistake in the morning sermon.
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