2015-03-12 Joint Work Session - Planning and Zoning Commission BOROUGH ASSEMBLY/PLANNING AND ZONING COMMISION
JOINT WORK SESSION AGENDA
Thursday, March 12, 2015
Borough Assembly Chambers, 7:30 p.m.
Joint work sessions are informal meetings of the Borough Assembly and Planning and
Zoning Commissioners where officials discuss issues that affect residents. No formal
action is taken at joint work sessions and items that require formal action are placed on
a regular Borough Assembly and/or Planning and Zoning Commission meeting agenda.
Public comments at joint work sessions are NOT considered part of the official record.
Public comments intended for the "official record"should be made at a regular Borough
Assembly or Planning and Zoning Commission meeting.
Page
1. 7:30 to 8:30 P.M., PUBLIC COMMENTS (Limited to Three Minutes per
Speaker)
2. AGENDA ITEMS
2 - 6 A. Quarterly Meeting with the Planning and Zoning Commission to
include general discussion on the following:
• Code Update Status
• Recent and Upcoming Cases
Title 17 KIBC Update - Suggestions for a Path Forward.pdf
Page 1 of 6
AGENDA ITEM #2.A.
=� Kodiak Island Borough
;907.,� �1 Community Development Department
tyf710 Mill Bay Road
-4q _ 1 ,/ Kodiak,Alaska 99615
tr.56; •f, Phone(907)486-9363 Fax(907)486-9396
www.kodiakak.us
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Memorandum
Date: March 9,2015
To: Borough Assembly members,Mayor Friend,and P82 members
Cc: Borough Manager
From: Robert H.Pederson,AICP—Community Development
Director
RE: Title 17 KIBC update—suggestions for a path forward
Background -
As you are aware, the Planning and Zoning Commission held 5 public hearings
(10/1/14, 10/22/14, 10/29/14, 1/12/15, and 2/4/15) on the proposed updates to Titles 16,
17, and 18 of borough code. At the public hearing on February 4, 2015 P&Z approved a
motion to postpone indefinitely the draft revisions to the code. Procedurally, this
motion ended the pending code updates as they were presented.
Prior to the P&Z hearing, the quarterly joint work session between the Assembly and
P82 was scheduled for March 12, 2015. One of the topics mentioned for that meeting
was a discussion of the code update project.
Process to Amend the Code
Changes to Title 17 are addressed in Chapter 17.205 KIBC, Changes and
Amendments. KIBC 17.205.030 provides that the Borough Assembly or the Planning
and Zoning Commission may initiate a change to Title 17 at any regular meeting by
passing a motion to do so:
17.205.030 Manner of Initiation.
Changes in this title may be initiated in the following manner
A. The assembly upon its own motion;
B. The commission upon its own motion;and
C. By petition of one or more owners of property within an area proposed to be rezoned. A petition
shall be in the form of an application for a change in the boundary of a district,shall be filed in the
community development department, be accompanied by the required fee and such data and
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Quarterly Meeting with the Planning and Zoning Commission to...
AGENDA ITEM #2.A.
information as may be necessary to assure the fullest practicable presentation of facts and shall
set forth reasons and justification for proposing such change.
Additional P&Z motion
In addition to the action noted above, P&Z adopted the following motion at their
February 4th meeting:
°That the commission modify the existing Kodiak Island Borough Code Titles 16, 17,
and 18, the modification would be a simplification of the existing code to improve the
ease of use, to give clarity, to maximize freedom of private property use, and to limit
control of local government power."
Next Steps
Given the above P&Z actions, staff recommends it would be appropriate for the
Assembly and P&Z to discuss the next steps and policy direction for any code updates
at the March 12'h joint work session.
Enc. Chapter 17.205 KIBC
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AGENDA ITEM #2.A.
Chapter 17.205 AMENDMENTS AND CHANGES Page 1 of 3
Chapter 17.205
AMENDMENTS AND CHANGES
Sections:
17.205.010 Authority.
17.205.020 Report from planning and zoning commission.
17.205.030 Manner of initiation.
17.205.040 Hearing on boundary change.
17.205.050 Boundary change may include additional property. •
17.205.055 Submission to assembly.
17.205.060 Hearing determination.
17.205.070 Hearing—Required—Notice.
17.205.080 Repealed.
17,205.010'A u th o ri ty.
Whenever the public necessity,convenience,general welfare or good zoning practice requires,the assembly
may,by ordinance and after report thereon by the commission and public hearing as required by law,amend,
supplement,modify,repeal or otherwise change these regulations and the boundaries of the districts.[Ord.
83-58-0§1,1983.Formerly§17.72.010].
17.205.020 Report from planning and zoning commission.
The commission shall report in writing to the assembly on any proposed change or amendment regardless of
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the manner in which such change is initiated and such report shall find:
A.Findings as to need and justification for a change or amendments;
B.Findings as to the effect a change or amendment would have on the objectives of the comprehensive plan;
and
C. Recommendations as to the approval or disapproval of the change or amendment.[Ord.83-58-0§1, 1983.
Formerly§17.72.020].
17.205.030 Manner of initiation.
Changes in this title may be initiated in the following manner:
A.The assembly upon its own motion;
B.The commission upon its own motion;and
C. By petition of one or more owners of property within an area proposed to be rezoned.A petition shall be in
the form of an application for a change in the boundary of a district,shall be filed in the community
development department,be accompanied by the required fee and such data and information as may be
necessary to assure the fullest practicable presentation of facts and shall set forth reasons and justification for
proposing such change.[Ord.83-58-0§1, 1983. Formerly§17.72.030].
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17.205.040 Hearing on boundary change.
The commission shall hold a public hearing before considering any change in the boundaries of a district.
Notice thereof shall be given in the manner prescribed in this title for variances except that such procedure
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Chapter 17.205 AMENDMENTS AND CHANGES Page 2 of 3
shall specifically refer to an application for change in the boundary of a district,Where property within an area
proposed to be changed is not under the same ownership,all owners of property within the area shall be
notified of such hearing.Within 30 days after the date of the public hearing,the commission shalt report its
findings to the assembly.If such change was initiated by petition,the signers shall be notified by the
community development department of the commission's recommendation,such notice sent by registered
mail not more than five days after the commission's public hearing.(Ord.83-58.0§1, 1983.Formerly
§17.72.040).
17.205.050 Boundary change may include additional property.
When the commission deems it necessary or expedient,it may consider other property for change or
amendment in addition to the property described in an application for change in the boundary of a district,and
may include such additional property in the notices of public hearing and consider amendments relating to
such property at the public hearing.[Ord.83-58-0§1,1983.Formerly§17.72.050).
17.205.055 Submission to assembly.
A.Within 30 days after the commission has acted favorably upon a proposed zoning change in accordance
with the above provisions,a report with recommendations shall be submitted to the assembly together with
the proposed ordinance.Such recommendations of the commission shall be advisory only and shall not be
binding upon the assembly.When an ordinance has been forwarded to the assembly,the assembly shall act
in accordance with this chapter,and notice shall be issued as provided in KIBC 17.205.070 by the clerk.
B.If the commission recommends denial of any proposed amendment,its action shall be final unless the
initiating party,within 10 days,files a written statement with the clerk requesting that the commission's action
be taken up by the assembly.(Ord.93-20§3, 1993;Ord. 83-58-0§1, 1983.Formerly§17.72.055).
17.205.060 Hearing determination.
The assembly shall consider an application or commission recommendation for change in the boundary of a
district or any other commission recommendation proposing a change in this title,and the report of the
commission at its next regular meeting after receipt of such report.If,from the facts presented and by the
findings of the report of the commission,it is determined that the public necessity,convenience,general
welfare and good zoning practice requires the change or amendment of any portion thereof,the assembly by
ordinance shall effect such amendment,supplement,change or reclassification.[Ord.83-58-0§1, 1983.
Formerly§17.72.0601.
17.205.070 Hearing—Required—Notice.
No ordinance of the assembly effecting an amendment,supplement,change or classification,repeal of
regulations or restrictions,the boundaries of districts or classifications of property shall become effective until
after a public hearing in relation thereto at which parties in interest and citizens shall have an opportunity to be
heard.Al least seven days'notice of the time and place of such hearing shag be published in a paper of
general circulation in the borough.When the proposed amendment covers a change in the boundaries in a
district,notice to owners of property shall be given in the manner described in this title for variances.(Ord.83-
58-0§1, 1983.Formerly§17.72.070).
17.205.080 Boundary change-Protest.
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Repealed by Ord. 93-20.[Ord.83-58-0§1, 1983.Formerly§17.72.0801.
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AGENDA ITEM #2.A.
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Chapter 17.205 AMENDMENTS AND CHANGES Page 3 of 3
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The Kodiak Island Borough Code Is current through
Ordinance FY2015-09,passed January 22,2015.
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Disclaimer:The Borough Clerk's Office has the official version of
the Kodiak Island Borough Code.Users should contact the
Borough Clerk's Office for ordinances passed subsequent to the
ordinance cited above.
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KODIAK ISLAND BOROUGH
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