Planning Commission Training City of King Cove • April 5, 2010

What is Planning?

Everyone plans. Planning is an activity that touches just about every aspect of life. Individual’s plan their day, friends plan hunting trips, families plan for major purchases, businesses plan pricing, etc. The common thread that runs through these seemingly different activities is the time, effort, and expense that is saved in the future by thinking ahead and plotting a course of action today.

Community Benefits

Shapes the future Identifies local issues Identifies public values Ties programs together Promotes public

involvement Attracts appropriate

development

Planning benefits communities in the following ways:

Increases certainty Protects natural

resources Improves public

service efficiency Minimizes land use

conflicts Promotes good design

Planning Characteristics

Creates order and predictability

Promotes efficient use of resources

Identifies alternatives and procedures

Promotes community health and future viability

THE PLANNING COMMISSION

What is a Planning Commission?

Is an advisory group to the governing body on issues and activities related to planning, platting, land use regulation, and community development.

Has limited decision making power, but can have considerable influence.

Is responsible for keeping planning and land use related issues in perspective for the community.

Welcome to the Planning Commission

An Effective Planning Commissioner Knows:

Planning commission authority and duties How a planning commission operates Standards for commission decision-making Legal aspects of commission conduct Comprehensive and other types of planning Zoning, platting, and land-use regulation

Planning Commission Authority

AS 29.40 and local charters or ordinances define the authority and responsibilities of commission members.

Commission duties vary from community to community depending on factors including support for planning, community growth rate, prospective infrastructure development, and responsibilities prescribed by ordinance.

Planning Commission Authority (continued)

Prepare and submit to the assembly (city council) a proposed comprehensive plan in accordance with AS 29.40.030 for the systematic and organized development of the borough (or city).

Review, recommend, and administer measures necessary to implement the comprehensive plan including measures provided under AS 29.40.040.

Other duties as prescribed by local ordinance.

Alaska Statute: Title 29, Chapter 40

Planning, Platting and Land Use Regulation 29.40.010. A first or second class

borough shall provide for planning, platting, and land use regulation on an areawide basis.

29.40.020. Each first and second class borough shall establish a planning commission consisting of five residents… the planning commission shall:– Prepare a comprehensive plan– Review, recommend, and administer

measures to implement the comprehensive plan.

Planning Commission Duties

Prepare a comprehensive planAct as the platting authorityReview and recommend land use regulationsReview and recommend property rezonesAct on variances and conditional use permitsReview land acquisitions and disposalsHear appeals from administrative decisionsReview and recommend capital improvements

Planning Commission Duties (continued)

Review annual planning budget Approve planning department’s

annual work program Initiate planning projects Coordinate with other agencies’

plans Conduct public meetings and

hearings Other duties as authorized by

ordinance

City of King Cove13.02.010 Planning Commission

Established

There is hereby established the planning commission for the city to constitute a department of the city and to perform the area-wide functions of the planning, platting, and zoning for the city.

City of King Cove13.02.100 Planning Functions

To prepare and submit to the city council for approval from time to time plans for the systematic development of the city as a place of residence and business;

To investigate and report to the council upon the location and design of any public building, dock, beach, ski ground, statue, memorial, park, playground, public street, alley or grade thereof before final action is taken by the city or any department, office or agency;

To investigate and prepare, under such directions and conditions as the council may from time to time request, the commission's recommendations on a capital improvements program, and to review the same periodically and revise it from time to time but not less frequently than annually. The annual capital improvement program shall constitute permanent records of the commission which shall be a public record;

City of King Cove13.02.100 Planning functions

(continued)

To investigate and recommend to the council for adoption by ordinance, with such amendments as the commission believes necessary and proper because of local conditions, such published codes of technical regulations as related to the functions of planning, platting and zoning;

To investigate and prepare, from time to time, and to initiate on its own motion in the absence of directions from the council, reports on the availability of public lands by selection, transfer at less than appraised value, and otherwise, for city purposes. In this regard, special attention shall be given to acquisition of lands for public recreation.

Investigate and prepare reports on the location and establishment of: a) outdoor public recreation; b) trap, skeet, rifle, or pistol ranges; and c) public campgrounds.

City of King Cove13.02.110 Additional functions

Prepare and recommend to the council:1. zoning ordinance to implement plans prepared

in accordance with Section 13.02.100;2. A subdivision ordinance;3. The official map of the city; and4. Modifications to the documents specified in 1

through 3 of this section.

Publish notice and hold at least one hearing before submitting recommendations to the council.

Act as platting board and upon requests for land use changes, zone changes, design review permits, conditional use variances, temporary uses.

Characteristics of an “Ideal” Planning

Commission Balanced Skilled Understands community Understands public process Committed to planning Maintains objectivity

Declared conflict of interests

Balanced special interests

HOW A PLANNING COMMISSION OPERATES

Planning Commission Roles

It is [or should be] a panel with knowledge of community character, local regulations, and community development practice.

Advisory Role - Advises the council or assembly.

Regulatory Role - Administers local land use regulations including zoning and subdivision ordinances.

Procedural Role - Conducts fair meetings and makes fair decisions.

The Commission’s Relationship

with Elected OfficialsThe most important aspect of the relationship between the planning commission and the governing body is the is the planning commission’s advisory role.

The council or assembly has the authority to approve, deny, or change commission recommendations.

A commission that has a good working relationship with the council can play a key role in keeping the council informed and educated about planning and community development issues.

The Commission’s Relationship

with Planning StaffPlanning staff play a critical role in the planning process and effectiveness of the planning commission. Administers land use

regulation Prepares reports and

posts meeting notices Researches planning

and land use issues Advises commission Educates and assists

the public

Knows and interprets laws and ordinances

Conducts community and capital projects planning

Negotiates – agencies, developers, and public

Enforces code and conditions of approval

Provides continuity

Public involvement gives the commission opportunity to educate, build support, and encourage ownership. Improves trust in government. Taps local knowledge and talent. Creates sense of ownership in plan and regulations. Creates a constituency in planning. Ensures plan remains intact over time. Increases overall plan quality. Improves enforcement of land use laws Streamlines planning process and development.

The Commission’s Relationship with Public

Practical Advice for Commissioners

Read packet before meeting Seek staff assistance before

meeting Know comprehensive plan

and zoning/platting codes Be familiar with sites and

projects Share information Focus on facts, not opinions Summarize what you have

heard

Participate in discussion Be practical Be a problem-solver, not

a problem-maker Be probing, but not

argumentative Respect your associates Treat everyone equally Attend meetings Come on time to

meetings

Do Not Fight

Do not fight with the city council, assembly, or each

other!

PLANNING COMMISSION DECISION-MAKING

How Does the Planning Commission Make

Decisions?

Using common sense Thinking about what is in the best

interest of the larger community Considering the rules Using persuasion or arguments

based on testimony Interpreting the comprehensive

plan in accordance with legal requirements

Types of Commission Decisions

Legislative Decisions make or interpret policy. Broad ranging and affect everyone in general and no one in particular. Substantive due process (reasonableness of decision) applies Examples: recommend to adopt a comprehensive plan,

recommend capital improvement priorities, recommend code amendments.

Quasi-Judicial Decisions have direct affect on rights and liabilities of a single person or small group. Procedural due process (fairness of process) applies Examples: granting zoning variances, issuing conditional

use permits, issuing encroachment permits

Findings

Are a statement of the evidence and reasoning used by commission to arrive at a decision.

Must be supported by facts.

Are a “road map” that details the commission’s reasoning process used to progress from evidence to decision.

Typically include request description, statement of facts, reasons for approval or denial, and conditions of approval.

Findings Should do the Following:

Set out the relevant facts from the evidence presented.

Relate these facts to the conditions that must be proved, or the standards that must be met.

State whether the relevant standard or condition is shown to have been met or not by the identified facts.

State whether all the necessary elements have been sufficiently shown. If there was no evidence given to prove one or more of the necessary elements, this lack of necessary evidence must be shown.

State whether the permit is granted or denied.

The Record

The Record is a collection of all the evidence presented to the commission during proceedings.

Is the foundation upon which the commission’s decision rests.

Findings and the record protect the commission from legal challenges and explain commission decisions - even unpopular ones.

Is there substantial evidence in the record to support the commission’s findings?

The Record Contains:

The application Correspondence between applicant and

staff Written comments submitted by

neighbors and other members of public Oral evidence presented at hearing Plats, plans, drawings, photographs,

deeds, surveys, and consultant/expert reports

Written testimony Records of mailed or published notice Municipal records and other documents

submitted during proceeding

LEGAL ASPECTS OF COMMISSION CONDUCT

Ex Parte Contact

Occurs when a commissioner has private communications with someone who has an interest in a quasi-judicial matter before the commission.

Provides a commissioner with information not available to other commissioners. – It can (or is meant to) influence decisions outside public

session.

Violates “due process” in quasi-judicial matters. To correct ex parte contact:– Disclose contact and substance of conversation at meeting.

Get the evidence on the record!– State whether you can still provide unbiased input.

Conflict of Interest

A person has a conflict of interest when he or she has a substantial financial interest in a matter before the commission.

State law does not define the term “substantial financial interest”. Local code of ordinances should define this term.

A planning commissioner cannot vote on any matter in which he or she has a substantial financial interest [AS 29.20.010 (a)(4)].

City of AkutanConflict of Interest

2.20.070. Conflicts of interest. A councilmember or other officer or employee of the city

shall disqualify himself from participating in any official action in which he has a substantial financial interest.

City of Nome2.05.070 Conflicts of Interest

(e) Notwithstanding any other provision of this section, a municipal employee or official shall not participate in any official action in which that employee or official has a substantial financial interest, provided however that a city council member may participate in a matter if the ruling on the declaration filed pursuant to subsections (a) and (b) of this section determines that the city council member shall vote on the matter.

City of NomeConflict of Interest

(a) A municipal employee or official shall make a written declaration as provided in subsection (b) of this section when the municipal employee or official is or may become involved in an official action which:… involves significant financial gain or… involves a breach of public trust obligation…

(b) The declaration required by this section shall be filed with the presiding officer as described in subsection (c) of this section and shall describe with particularity…

(c) A ruling on whether an employee or official may participate in an official action shall be issued promptly by the presiding officer…

(d) The following factors shall be considered in making a ruling on a declaration filed pursuant to this section…

City and Borough of Juneau

01.45 Conflict of Interest Standards of Conduct Disclosures, Declarations,

and Complaints Enforcement Procedures Penalties General Provisions

City and Borough of Juneau

01.45.360 Definitions. Financial interest means any interest, other than securities

traded on a national exchange, held by a municipal officer or an immediate family member, including involvement or ownership of an interest in a business, property, or a professional or private relationship, from which the person has received or expects to receive compensation.

Gain means actual or anticipated gain, benefit, profit, or compensation.

Benefit means anything that is to a person’s financial or personal interest.

Open Meetings Act

AS 44.62.310 (a): All meetings of a governmental body of a public entity are open to the public [with certain exceptions].

Ensures public has reasonable opportunity to observe governing decision-making.

In general terms, the act requires: Open forum for decision-making Reasonable public notice of meetings Teleconferencing for public meetings Voting publicly on the record Executive sessions

THE COMPREHENSIVE PLAN

What is a Comprehensive Plan?

A blueprint for guiding community development.

A flexible document, not a uniform template.

A visionary document attempting to anticipate future events and needs.

A statement of policies, goals, and standards.

What is a Comprehensive Plan? (continued)

Provides a policy framework for decision-making regarding land use, transportation, housing, public facilities, and economic development.

Includes information on the many facets of a community including demographics, physical conditions, land use, environment, transportation, legal matters, and fiscal conditions.

Reflects the vision and direction of residents!

A High-Quality Comprehensive Plan:

A systematic and comprehensive collection and analysis of data

Clear and comprehensive goals Specific action-oriented policies

for implementation Local official support Local community support Current data and policies

Why Have a Comprehensive Plan?

Fulfills legal obligation Meets grant eligibility

requirements Guides community and

economic development Guides decision-making Establishes basis for

regulation Coordinates policy Provides “blueprint” for

growth Represents future

vision

City of King Cove13.02.100 Planning

functionsThe planning functions of the

planning commission are as follows: A. To prepare and submit to the city council for approval

from time to time plans for the systematic development of the city as a place of residence and business;

City of King Cove13.01.010 Comprehensive

PlanThe King Cove Comprehensive Plan

with Land Use Plan is herewith adopted as the plan of the city. The council and planning commission will, in every instance where development, community needs or other considerations are at issue, consult the Comprehensive Plan.

Aleutians East BoroughComprehensive Plan

40.10.010 Description and PurposeThe Comprehensive Plan is a guide for the systematic and

organized physical, social, and economic development, both public and private, of the Borough and serves as a long-range policy guide for the development of the Borough as a whole…

The purpose of the Comprehensive Plan: Encourage maximum, sound, and reasonable development and

use of renewable and nonrenewable resources within the Borough;

Minimize adverse impacts of such development… Promote a healthy and stable ecosystem; Minimize the occurrence of incompatible land uses; and Promote the health, welfare, and safety of Borough residents.

Aleutians East BoroughComprehensive Plan

40.10.010 Description and PurposeThe Comprehensive Plan shall be implemented through the

adoption and application of:

Land use regulations Conditional use and other permitting Zoning Platting Site Development And other land use and related regulations

PLAN IMPLEMENTATION

Plan Implementation Includes:

Zoning regulations

Zoning authorizations

Subdivision regulations

Additional implementation tools

AS 29.40.040 Land Use Regulation

In accordance with a comprehensive plan adopted under AS 29.40.030 and in order to implement the plan, the assembly by ordinance shall adopt or amend provisions governing the use and occupancy of land that may include, but are not limited to, zoning regulations restricting the use of land and improvements by geographic districts.

Zoning Regulations

Zoning Code Components: Map depicting zoning districts including residential,

industrial, and commercial. Text indicating permitted, conditionally permitted, and

prohibited land uses.

Zoning is the conventional method of land use regulation that divides a municipality into districts or zones and adopts regulations concerning land use, placement, and building size, and space.

It classifies land according to use (residential, commercial, industrial) and establishes standards governing each use.

The Purpose of Zoning

Promotes public safety, health, and general welfare.

Segregates incompatible land uses and activities.

Protects property values. Regulates property use in accordance

with community standards and values. Creates uniform land use regulations. Establishes ground rules for

development through public process. Prevents or reduces nuisances. Conserves land for appropriate uses.

Zoning Authorizations

Zoning ordinance includes:

Minimum lot size, lot width/depth, setbacks between structures, maximum building height, max/min lot coverage, and signage.

Zoning related authorizations including variances, conditional use permits, planned unit developments, home occupations, accessory uses, and non-conforming uses.

Conditional Use Permit

Land use not allowed outright in a particular zone, but could be permitted if conditions attached reduce or eliminate negative characteristics making the activity compatible with surrounding allowed uses.

Also called “special exceptions” or “special permits”.

Example: Church in a residential neighborhood.

Municipalities are free to design a conditional use permitting system. Caution: avoid use of vague standards.

City of King Cove 13.06.190 Conditional Uses

In granting approval of a conditional use permit the planning commission may require… conditions found necessary to protect the best interests of the surrounding property, neighborhood, or the city.

Increasing dimensional standards, Adding vehicular access points. Increasing off-street parking or loading

spaces. Limiting number of signs. Limiting height. Landscaping.

Variance

A variance is an exception from the strict terms of the zoning (or platting) code.

It is a waiver of the provisions of the zoning ordinance when strict application of the ordinance would cause exceptional, practical difficulties, or undue hardship to the property owner.

Property standards are adjusted because the specific location, topography, shape, size, or other environmental features of the lot make it impossible to comply with zoning regulations as written.

Variances Under AS 29.40.040(b)

According to Alaska law, a variance may not be granted if:

The special conditions that require the variance are caused by the person seeking the variance.

The variance will permit a land use in a district in which that use is prohibited.

The variance is sought solely to relieve financial hardship or inconvenience.

When Can a Variance be Granted?

Variances are granted when some unique condition related to the land (e.g., stream, steep embankment, rock outcrop) makes it impossible to comply with terms of zoning code.

Hardship must be linked to feature of land.

Applicant required to show neighbors will not be adversely affected by granting a variance.

Variances most often granted for relief from setback requirements, building height, or lot coverage.

City of King Cove 13.06.200 Variances

The planning commission may authorize variances from the requirements of this title where it can be shown that, owing to special or unusual circumstances related to a specific piece of property, the literal interpretation of this title would cause undue or unnecessary hardship, except that no variance shall be granted to allow the use of the property for purposes not authorized within the zone in which the proposed use would be located…

City of King Cove 13.06.200 Variances

No variance shall be granted by the planning commission unless it can be shown that all of the following conditions exist:

Exceptional or extraordinary circumstances.

Necessary to preserve the property right of the applicant substantially the same as is possessed by other properties in the same zone or area.

Not be detrimental to the code, injure neighbors, or community plans.

Variance is the minimum to alleviate hardship.

City of Akutan 7.10.070 Variances

A request for variance may be initiated only by the property owners or his authorized agent. An application for a variance from the dimensional requirements of the zoning districts set forth in Chapter 2 shall be made in writing to the Planning Commission. The application shall demonstrate:

1. Special conditions exist which are peculiar to the property involved and which are not applicable to other properties in the same district;

2. The strict interpretation of the chapter would deprive the applicant of rights enjoyed by other properties in the same district;

3. That the special circumstances do not result from actions of the applicant and do not merely constitute financial hardship or inconvenience, and

4. That granting the variance will be in harmony with the intent of the district and not injurious or detrimental to the public welfare or surrounding environment.

Subdivision Regulations

Guides the conversion of land into improved or developed land consistent with technical requirements and community standards.

Shapes a community’s character.

Subdivision Regulation Ordinance – regulates land division into building lots for the purpose of sale, development, or lease. – Specifies procedure when land is subdivided and

built upon.– Assures land development is appropriately and

consistently completed.

Why Regulate Land Subdivision?

To assure newly created lots do not become or do not create unanticipated costs for owners, municipality, or neighbors.

Establish street pattern design

Establish consistent street design dimensions

Provide utility easements

Provide water supply and sewage disposal

Develop lot layout and ensure access

What is Platting?

Platting is a largely technical activity that is fundamentally different than zoning:

It establishes standards for subdividing land and places certain requirements on those divisions.

It assures lots are created in accordance with community standards and are properly surveyed and recorded.

It sets a pattern of physical development that is, for all practical purposes, irreversible.

Additional Plan Implementation Tools

Municipal Land Management Program

Municipal land disposal methods

Capital Improvement Program

Alaska Coastal Management Program

Statewide Transportation Improvement Program

Sanitation master plans

Municipal budget Design review

standards Floodplain regulations State and Federal

planning programs Historic preservation

standards Environmental impact

assessments

Concluding Thoughts

Planning is a collective effort between citizens, elected officials, and the planning commission.

When an effective and collaborative planning process flourishes in a community, the vision of the citizens, planning commissioners, and elected officials can be achieved.

Questions or Comments?

Nicole Grewe, Ph.D. Division of Community and Regional

AffairsPlanning and Land Management

Section

Direct: (907) 465-8249Email: nicole.grewe@alaska.gov