Planning Commission Planning Commission TrainingTraining

Bristol Bay BoroughBristol Bay BoroughLake and Peninsula Lake and Peninsula

BoroughBorough

Division of Community and Regional Affairs • Ruth St. Amour • Nicole Grewe • March 2, 2009

Community BenefitsCommunity 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 CharacteristicsPlanning Characteristics

Creates order and predictability

Promotes efficient use of resources

Identifies alternatives and procedures

Promotes community health and future viability

THE PLANNING THE PLANNING COMMISSIONCOMMISSION

What is a Planning What is a Planning Commission?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 Welcome to the Planning CommissionCommission

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 Planning Commission AuthorityAuthority

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 Planning Commission Authority Authority (continued)(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.

Planning Commission DutiesPlanning Commission Duties (continued)(continued)

Bristol Bay Borough (2.28.150):– Prepare and recommend a comprehensive plan– Consider and investigate subject matter tending

to the development and betterment of the Borough

– Act as the platting board– Assist in the preparation of an annual capital

improvement budget– Report to the Assembly monthly

Planning Commission DutiesPlanning Commission Duties (continued)(continued)

Lake & Peninsula Borough (9.03.150):– Prepare and recommend a comprehensive plan– Consider and investigate subject matter tending

to the development and betterment of the Borough

– Act as the Plat Review Board– Assist in the preparation of the Capital

Improvement Plan and budget– Report to the Assembly monthly

Characteristics of an Characteristics of an “Ideal” Planning “Ideal” Planning

CommissionCommission Balanced Skilled Understands

community Understands

public process Committed to

planning Maintains

objectivity

Declared conflict of interests

Balanced special interests

Characteristics of an Characteristics of an “Ideal” Planning “Ideal” Planning

Commission Commission (continued)(continued)

Having motivated and responsible members on the commission can be critical to its success as a productive and respected group.

HOW A PLANNING HOW A PLANNING COMMISSION OPERATESCOMMISSION OPERATES

Planning Commission RolesPlanning 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 The Commission’s Relationship Relationship

with Elected Officialswith 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 The Commission’s Relationship Relationship

with Planning Staffwith 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 The Commission’s Relationship Relationship with Publicwith Public

Practical Advice for Practical Advice for CommissionersCommissioners

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

PLANNING COMMISSION PLANNING COMMISSION DECISION-MAKINGDECISION-MAKING

How Does the Planning How Does the Planning Commission Make Decisions?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 Types of Commission DecisionsDecisions

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

FindingsFindings

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 Findings Should do the Following: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 RecordThe 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 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 LEGAL ASPECTS OF COMMISSION CONDUCTCOMMISSION CONDUCT

Ex Parte ContactEx 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 InterestConflict 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)].

Lake & Peninsula Borough:– Section 9.03.090 - The Planning Commission

shall follow the provisions of Section 2.20.090 regarding conflict of interest voting

– Section 2.20.090 - A member of the assembly shall declare a substantial financial interest he or she has in an official action and ask to be excused from a vote on the matter.

Conflict of InterestConflict of Interest (continued)(continued)

Conflict of InterestConflict of Interest (continued)(continued)

Bristol Bay Borough:– Section 2.28.090 - The commission shall

follow the provisions of Chapter 2.15 regarding conflict of interest voting.

– Chapter 2.15 – An assemblyman . . . may not participate in any official action in which he, a household member, or a member of his immediate family has a substantial financial interest unless after disclosure of the interest his participation is approved by a majority of the body which is taking the official action.

Bristol Bay Borough: Bristol Bay Borough: “Substantial Financial Interest”“Substantial Financial Interest”

Any interest from which the owner received or will receive more than $2500 per year;

Any interest received directly or indirectly where the affected office holder possesses or will acquire an ownership interest of 2% or more of a corporation, partnership, firm, enterprise, franchise, organization, holding company, joint stock company, receivership, trust, or any legal entity operated for profit.

Open Meetings ActOpen 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 THE COMPREHENSIVE PLANPLAN

What is a Comprehensive What is a Comprehensive Plan?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 What is a Comprehensive Plan? Plan? (continued)(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!

Comprehensive Plans Comprehensive Plans Include:Include:

Goals and objectives Background Report - needs, resources,

trends, facilities Land Use Plan Community Facilities Plan Other Plans - parks/recreation, flood

mitigation, coastal management, transportation, open space, housing, annexation

Recommendations for implementation Plans from other agencies and communities Strategies for improving the local economy

Comprehensive Plan Comprehensive Plan PreparationPreparation

Plan to plan Structure and schedule process Indentify issues and problems Gather and analyze conditions Develop goals and objectives Identify plan options Select plan options Implement plan Review and monitor plan

Why Have a Comprehensive Why Have a Comprehensive Plan?Plan?

Lake and Peninsula Borough (9.03.150) Bristol Bay Borough (2.28.150)

The Planning Commission shall prepare and recommend to the Borough Assembly a comprehensive plan and related texts for the systematic development of the Borough.

PLAN IMPLEMENTATIONPLAN IMPLEMENTATION

Plan Implementation Plan Implementation Includes:Includes:

Zoning regulations

Zoning authorizations

Subdivision regulations

Additional implementation tools

AS 29.40.040 Land Use AS 29.40.040 Land Use RegulationRegulation

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 RegulationsZoning 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 ZoningThe 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.

Conditional Use PermitConditional 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.

VarianceVariance

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.

When Can a Variance be When Can a Variance be Granted?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.

Subdivision RegulationsSubdivision 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 Why Regulate Land Subdivision?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

Lake and Peninsula Borough: Lake and Peninsula Borough:

Subdivision Ordinance (9.06.410)Subdivision Ordinance (9.06.410) Proposed subdivision shall conform to following

standards:• All applicable provisions of this Code and any

other ordinances of the Borough.• The Comprehensive Plan.• The Borough Development Permit Ordinance.• The regulations of the State Department of

Environmental conservation regulating to lot size and lot elevation if the subdivision is not served by a public sewer and provision for such service has not been made.

• The regulations of the State DOT & PF relating to safety of access and preservation of the public interest and investment if the subdivision or any lot contained therein abuts on a state highway.

• The Borough Coastal Management Plan.

Bristol Bay Borough: Bristol Bay Borough: Subdivision Ordinance (18.20.020)Subdivision Ordinance (18.20.020)

“The purpose of this chapter is to promote an adequate and efficient division of land, street and road systems, provide utility easements, provide minimum standards of survey accuracy, and proper preparation of plats to protect and improve the health, safety and general welfare of the public.”

What is Platting?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 Additional Plan Implementation ToolsImplementation 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 ThoughtsConcluding 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.