"A Request to Revoke the City of Kenai's Zoning Power" - PDF document

PRESENTATION WITH PRIOR NOTICE (10 minutes) "A Request to Revoke the City of Kenai's Zoning Power" Presented By: Charles Winegarden

----.~ Sec. 29.40.010. ALASKA STATUTES Sec. 29.40.030. Chapter 40. Planning, Platting, and Land Use Regulation. Section 010. Planning, platting, and 110. Plat procedure land use regulation 120. Alteration or replat 020. Planning commission petition 030. Comprehensive plan 130. Notice of hearing 040. Land use regulation 140. Hearing and 050. Appeals from administrative determination decisions ISO. Recording 060. Judicial review 160. Title to vacated area 070. Platting regulation 170. Delegations 080. Platting authority 180. Prohibited acts; criminal penalties 090. Abbreviated plats and waivers 190. Civil remedies and penalties 100. Information required 200. Subdivisions of state land Sec. 29.40.010. Planning, platting, and land use regulation. (a) A first or second class borough shall provide for planning, platting, and land use regulation on an areawide basis. (b) If a city in a borough consents by ordinance, the assembly may by ordinance delegate any of its powers and duties under this chapter to the city. The assembly may by ordinance, without first obtaining the consent of the city, revoke any power or duty delegated under this section. (§ II ch 74 SLA 1985) Sec. 29.40.020. Planning commission. (a) Each first and second class borough shall establish a planning commission consisting of five residents unless a greater' number is required by ordinance. Commission membership shall be apportioned so that the number of members from home rule and first class cities reflects the proportion of borough population residing in home rule and first class cities located in the borough. A member shall be appointed by the borough mayor for a term of three years subject to confirmation by the assembly, except that a member from a home rule or first class city shall be selected from a list of recommendations submitted by the council. Members first appointed shall draw lots for one, two, and three year terms. Appointments to fill vacancies are for the unexpired term. The compensation and expenses of the planning commission and its staff are paid as directed by the assembly. (b) In addition to the duties prescribed by ordinance, the planning commission shall (I) prepare and submit to the assembly a proposed comprehensive 'plan in accordance with AS 29.40.030 for the systematic and organized development of the borough; (2) review, recommend, and administer measures necessary to implement the comprehensive plan, including measures provided under AS 29.40.040. (§ II ch 74 SLA 1985) Sec. 29.40.030. Comprehensive plan. (a) The comprehensive plan is a compilation of policy statements, goals, standards, and maps for guiding the physical, social, and economic development, both private and public, of the first or second class borough, and may include, but is not limited to, the following: (1) statements of policies, goals, and 'standards; (2) a land use plan; (3) a community facilities plan; (4) a transportation plan; and 105

29~33.070(b)(Z), Introduced by: Mayor Date: May 8, 1984 Hearing: June 5, 1984 Unanimous Vote: Action: Enacted KENAI PENINSULA BOROUGH ORDINANCE 84-40 DELEGATING TO THE CITY OF KENAI THE POWER TO PROVIDE ZONING REGULATION WITHIN THE CITY, AND REPEALING KPB 21.76. WHEREAS, under the authority of AS 29.33.070(b) (2), the Kenai Peninsula Borough has enacted KPB 21.01.020 providing that the Assembly will delegate power to provide zoning regulations in a city if requested by resolution of the city council; and WHEREAS, the City of Kenai. has adopted Resolution 84-1 requesting that the Kenai Peninsula Borough Assembly delegate to the City of Kenai the power to provide zoning regulation within the city; and WHEREAS, the Ci ty of Kenai has adopted Ordinance 925 -84 which, creates Title 14.20 in the Kenai City Code of Ordinances to regulate zoning within the City of Kenai; and WHEREAS, the provisions of KPB 21.76 providing for regula- tion of zoning within the City of Kenai will not be required for that purpose after the delegation of zoning power to the City of . Kenai; NOW THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH: Section 1. That pursuant to the authority contained in AS the Kenai Peninsula Borough Assembly hereby delegates to the City of Kenai the zoning powers conferred the Kenai Peninsula Borough by AS 29.33. Section 2. That KPB 21.76 is hereby repealed. Section 3. That this ordinance shall take effect at 12:01 a.m. on July 1, 1984. PENINSULA BOROUGH ON� ENACTED BY THE ASSEMBLY OF THIS 5 DAY OF June� --.;.."";,,,----+--+- ATTEST: