Planning Commission Planning Commission TrainingTraining

Municipality of SkagwayMunicipality of Skagway

Division of Community and Regional Affairs • Peter McKay • Nicole Grewe • April 17, 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

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 Planning Commission Duties (continued)(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

Municipality of Skagway: Municipality of Skagway: Planning Commission DutiesPlanning Commission Duties

19.02.040 Planning commission.– Prepare and recommend:

• A comprehensive plan

• A zoning ordinance

• A subdivision ordinance

• The official map of the city

– Act as the platting board

– Act upon requests for variances and conditional uses

– Serve as the zoning commission

– Hold a regular monthly meeting, open to the public

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

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

Do Not FightDo Not Fight

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

other!

PLANNING COMMISSION PLANNING COMMISSION DECISION-MAKINGDECISION-MAKING

How Does the Planning How Does the Planning Commission Make Commission Make

Decisions?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)].

3.01.120 Conflicts of interest.– Any officer or employee shall disqualify

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

Municipality of Skagway: Municipality of Skagway: Conflict of InterestConflict of Interest

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!

Municipality of Skagway:Municipality of Skagway: Comprehensive PlanComprehensive Plan

19.02.040 Planning commission.A. Duties and Functions.

1. The planning commission shall … prepare and

recommend to the city council:

a. A comprehensive plan consisting of maps and related texts for the systematic development of the city consisting of a compilation of policy statements, goals, standards, and maps for guiding the physical, social and economic development, both private and public, of the city and may include, but is not limited to, the following: a land use plan, a community facilities plan, a transportation plan and recommendations for plan implementation.

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.

Zoning AuthorizationsZoning 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 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.

Variances Under AS Variances Under AS 29.40.040(b)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 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.

Municipality of Skagway:Municipality of Skagway: Variance SummaryVariance Summary

19.04.060 Variances and conditional use permits.– A. Variances.

1. The planning commission shall consider and decide applications for variances. No variance shall be granted because of special conditions caused by actions of the person seeking relief, or for reasons of pecuniary hardship or inconvenience; nor shall any variance be granted which would permit a land use in a district in which that land use has been prohibited. Variances are intended to provide a mechanism for the relaxation of such standards as minimum lot or yard requirements, setback, or building coverage, when the applicant shows, and the planning commission finds, that the criteria in subsection 8 below are met.

Municipality of Skagway:Municipality of Skagway: Variance RequirementsVariance Requirements

19.04.060 Variances and conditional use permitsA. Variances.

8. The planning commission must find all four (4) of the following conditions to exist to grant the variance:a. That there are exceptional physical circumstances or

conditions applicable to the property or to its intended development which do not apply generally to the other properties in the same zoning district;

b. That the strict application of the provisions of this title would result in practical difficulties or unnecessary hardship. Financial difficulty is not considered a hardship;

c. That the granting of the variance will not result in material damage or prejudice to other properties in the vicinity, nor be detrimental to the public health, safety or welfare; and

d. That the granting of the variance will not be contrary to the objectives of the comprehensive plan.

Municipality of Skagway: Municipality of Skagway: Conditional Use SummaryConditional Use Summary

19.04.060 Variances and conditional use permits.– B. Conditional Uses.

1. Purpose. A conditional use permit gives site specific flexibility to the zoning ordinance in a uniform and controlled manner. It permits uses that are desirable to the community, but may not be suitable at every location in the zone based on character, intensity, size or impact on surrounding uses. The planning commission may attach restrictions and conditions designed to fit the special problems, which the use presents.

Municipality of Skagway:Municipality of Skagway: Conditional Use RequirementsConditional Use Requirements

19.04.060 Variances and conditional use permits B. Conditional Uses.

3. Standards… a majority of the planning commission members after a public hearing, must find in writing that:a. The requested conditional use will protect the public health,

safety, and welfare; and b. The requested conditional use will not permanently or

substantially injure the lawful use of neighboring properties or uses; and

c. The requested conditional use will generally be in harmony with the comprehensive plan, coastal management plan, and other officially adopted plans; and

d. The requested conditional use will not substantially decrease the value of or be out of harmony with property in the neighboring area.

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

Municipality of Skagway: Municipality of Skagway: SubdivisionsSubdivisions

20.04.010 General provisions.– A. Purpose. The purpose of this title is to

protect and promote the health, safety and general welfare of the citizens of the city of Skagway. These provisions are minimum requirements, intended to further the orderly layout and use of land, prevent overcrowding, and provide for a permanently wholesome community environment, adequate services, and a circulation system that is safe, efficient and coordinated.

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.