Planning and Planning CommissionShort Course

City of Saint Mary’s Planning Commission

April 9, 2002

Presented by:

Department of Community and Economic Development

What is planning?

Everyone plans. Planning is an activity that touches just about

every aspect of life. Individuals plan their day, friends plan outdoor

trips, families plan for major purchases, start-up companies write business plans.

The common thread that runs through these seemingly different activities is creating a degree of certainty or order by thinking ahead and plotting a course of action today.

Why plan?

Planning can:

Save money Establish ground rules Can promote economic

development Provide a forum for

community consensus Promote community

design

Protect property and property values

Can reduce environmental damage and conserve resources

Institutional Benefits of Planning

Planning also...

Builds Capacity Promotes

efficiency

Creates order

Planning builds Capacity

The community becomes resourceful through the analysis, knowledge, and problem-solving that planning requires

Can make sure the community’s vision is in synch with community needs

Planning Creates Efficiencies / Order

New development is located near existing utilities.

Capital improvements are coordinated and scheduled.

Scarce waterfront land is reserved for water-dependent resources.

Anticipates problems before they become crisis.

Planning is NOT magic

Produce miracles. Be used to “stop the clock”. Succeed without implementing the

planned policies. Restore economic health overnight. Succeed without balance. Work to the benefit of your community unless

you want it to.

Planning cannot:

The Opposite of Planning

Disorganization Confusion Redundancy No priorities Poor decisions Waste of time, money, land, and resources

PlanningQuick Summary

Everyone plans, in fact we do it every day.. Create a degree of certainty Planning can save money, establish ground

rules, provide a forum for consensus Planning builds capacity, Promotes

efficiency, creates order Planning is not magic Without Planning, time, money, land and

resources can be wasted

The Planning Commission

What is a planning commission?

Commissions are special purpose government bodies created by the governing body (council/assembly), charged with specific duties and given limited powers.

The commission is an advisory group to the governing body.

“Go team!”

Characteristics of the Ideal Commission

Having the right kind of members on the

commission can be critical to its success as a productive and respected

group.

Characteristics of the Ideal Commission

Balance Skills Understanding of

community Understanding of

public process Commitment to

planning

Disclosure of conflicts No special interests Objectivity Sufficient free time

A good planning commissioner must know:

What planning is. What zoning and platting is. How a planning commission operates. The authority and duties of the commission. The legal aspects of commission conduct. The standards for decision-making.

The Authority and Duties of thePlanning Commission

The planning commission derives its authority and duties through Title 29.40 of Alaska Statutes.

Authority is further detailed in the local ordinance establishing the commission.

Authority conferred by AS 29.40

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

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

Other duties as prescribed by ordinance

Duties of the Commission

Note: Duties of the planning commission will vary from community to community.

Prepare a comprehensive plan Prepare a district coastal management plan Review and recommend land-use regulations Act as the platting authority Review and recommend property rezoning Act on variances and conditional use permits Review and advise land acquisition and disposal

Duties of the Commission, continued

Hear appeals from administrative decisions Review and recommend capital improvements Review the annual planning budget Develop the planning department’s annual work

program Hold public meetings and hearings Initiate planning projects Coordinate with other agencies’ plans Other duties as authorized by ordinance

Planning commission duties in detail

Holding public hearings and meetings Preparing a comprehensive plan Reviewing and recommending land use regulations Recommending property rezoning Sitting as the Platting Board Acting on variances and conditional-use-permits Coordinating with other government agencies Reviewing and recommending capital projects

The commission’s relationship with staff and elected officials

The most important aspect of the relationship between the planning commission and the council or assembly is the planning commission’s advisory role.

The council or assembly has the authority to make changes from the commission’s 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 issues.

The CommissionQuick Summary

Special Purpose ADVISORY group Balance Understand Public

Process Knowledgeable of

their job and duties. Specific duties

Communicate with the public / hold public hearings

Prepare Comp Plan Initiate planning studies

and projects Hear appeals Review and advise on

land acquisition and disposal

The Plan

Creates order and predictability.

Is

. Is an ongoing

process.

Overall Purpose

The comprehensive plan is a

document, not a standardized template. It should be a visionary document, attempting to anticipate future

events and needs. It can be a decision-making and policy tool for the manager and

department heads. Home rule and first class municipalities, and second class boroughs

are required to exercise planning powers. Planning is optional in a Second Class City.

Comprehensive Plan Contents

Statement of policies, goals, and standards. Land use plan, displaying idealized or forecasted use and settlement

patterns. Community facilities and transportation plan. Budget and CIP document that identifies services, projects, facilities,

and infrastructure. Map showing actual and forecasted land use. Recommendations to implement comprehensive plan.

Why have a comprehensive plan?

It’s the law Eligibility for grants Economic development Problem solving Basis for regulations Policy coordination Blueprint for growth Vision of the future

The PlanQuick Summary

Creates Order & Predictability Is Dynamic Is an On-going Process Should be Visionary Must Proceed Zoning Realistic Implementation Plan It’s a Tool for Community and Policymakers Needs to be Updated

Zoning

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.

Relationship of Zoning and Planning

The plan comes first; state law states in AS 29.40.040 that land use regulations must be developed in accordance with a comprehensive plan.

Zoning must be clearly related to the goals of the plan. If the plan calls for preserving the rural lifestyle and minimizing the costs of government, property might be zoned for large lots that do not need piped water or sewer.

A zoning ordinance is a regulatory document. A comprehensive plan is a policy document.

What is zoning?

Zoning is the classification of land according to use and the establishment of standards governing each use within its zone. • Residential• Commercial• Industrial

1. Maps, showing the precise location of different land use classifications.

2. Text, containing uses and standards for each classification.

A municipality’s zoning code consists of two parts:

The Purpose of Zoning

To promote public safety and health by creating setbacks between building (fire safety) and access to sunlight in apartments (in tenements early in the century).

Segregate incompatible uses and activities. Protect property values (and tax revenues),

particularly for single-family residential neighborhoods).

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The Purpose of Zoning

Regulate property use in accordance with community standards and values (which may change by location, and over time).

Establish ground rules for development through a public process, that apply to everyone.

Prevent or reduce nuisances such as heat, light, glare, dust, noise or odors from affecting off-site property owners.

ZoningQuick Summary

Implements the Comp Plan Regulatory Document Classification of Land into Zones Maps / Text Promotes Public Safety and health Segregates Incompatible Uses Establishes Ground Rules for Everyone

Platting

What is plattingWhat is platting?

Platting establishes standards for subdividing land and places certain requirements on those

divisions. Its purpose is to assure that lots are created in

accordance with community standards and are properly surveyed and recorded.

Platting can have a profound impact on community development by controlling the size, number, and location of lots that are created.

Typical Platting Requirements Might Require:

Approval of on-site wastewater and sewage disposal.

Buffers along anadromous fish streams. Adequate drainage. Streets and platted rights-of-ways Require access to all lots. Easements for utilities. Land for parks or public open space.

Two Examples of Platting

PlattingQuick Summary

Established Standards for Subdividing Land Assurance properly Surveyed & Recorded Can control size, number, and location of

lots Requirements: water and sewer, buffers,

drainage, streets, easements.

Conditional Use Permit

Conditional Use Permit

The conditional use permit gets its name because uses are permitted only if certain conditions are followed that reduce or eliminate the negative characteristics of the use.

Can also be called “special exceptions” or “special permits,” and are designed to permit specified uses under specified conditions.

Characteristics of Conditional Use Permits

The use is consistent with the comprehensive plan and municipal ordinances.

The use is compatible with other uses and activities in the zone.

The use will not adversely affect health, safety, or welfare of persons or property in the surrounding area.

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Characteristics of Conditional Use Permits

Utility service is adequate, or will be made adequate, and the use will not adversely affect system design and/or capacity.

The use will not significantly degrade water, air, land, or habitat quality.

All reasonable objections have been considered by the planning commission.

Sample Conditions: Conditional Use Permit

“The conditions placed on a proposed activity must be reasonable, well-related to the standards in the zoning code and well-related to the purpose they are meant to serve.”

A limitation on the hours of operation (noise and traffic)

compatible with surrounding uses. Site screening such as fences and trees (unsightly use). Careful placement on the lot (unsightly use; compatibility

with surrounding uses).

Sample Conditions: Conditional Use Permit

Construct utilities to the site, with no interference to the municipalities ability to serve other areas.

A limitation on site clearing (compatibility with surrounding uses; not significantly degrade land and habitat quality).

Building size, color, and landscaping

Conditional Use PermitsQuick Summary

Certain Conditions must be met

Use consistent with Comp Plan

Compatible w/uses & activities in Zone

Not Adversely affecting Health, Safety

Will not degrade Air, Water, Land, Habitat

Utility Service is Adequate

Reasonable Objections Considered

Variances

What is a variance?

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

Or, more officially, 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.

Two Types of Variances

Use Variance A use variance

permits activities to occur that is otherwise prohibited in a given zone.

Area Variance An area variance

permits a relaxation of the prescriptive requirements of the code such as setbacks and building height.

Variances under AS 29.40.040

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 of inconvenience.

When can a variance be granted?

Variances are meant to be granted when some unique condition related to the land makes it difficult, if not impossible, to comply with terms of the zoning code.

Most often, variances are granted for relief from setback requirements or building height or lot coverage.

VarianceQuick Summary

An Exception from the Terms of Zoning Use Variances & Area Variance

Variance permits use where restricted Meant to be granted when a unique

condition makes it impossible to comply with code.