MEMORANDUM

TO: Pete Sprague, Assembly President

Members, Kenai Peninsula Borough Assembly

FROM: Milli Martin, Assembly Member

DATE: January 20, 2004

SUBJECT: Ordinance 2004-04, amending the borough code regarding advisory planning commissions

During assembly consideration of capital project recommendations to be forwarded to the state, it became apparent that the role of advisory planning commission was unclear. It was determined that at least two different sections of the code, KPB 21.02.020 and 22.40.190, reference the advisory planning commissions. KPB 21.02.020 authorizes advisory planning commissions to advise the planning commission regarding certain land use planning and similar issues within the boundary of the advisory planning commission area. It does not suggest that the advisory planning commission has any ability to advise the assembly or that its recommendations should be forwarded to the assembly. However, KPB 22.40.190 requires the assembly to consider recommendations of advisory planning commissions in developing capital project plans, in assembly actions affecting their area, and in legislative matters affecting land use or the disposal of borough lands or resources within the local advisory planning commission area. Also, KPB 17.10.130(F)(4) authorizes the assembly to consider recommendations from advisory planning commissions regarding the repeal of borough deed restrictions.

If enacted, this ordinance would clarify in KPB 21.02.020 that the advisory planning commissions are authorized to either make recommendations regarding such matters to the planning commission to be forwarded to the assembly, or directly to the assembly upon assembly request, and places all such powers in one code section for ease of reference.