ITEM TITLE:
#24-01 - Repealing and Reenacting Title 17 of the Valdez Municipal Code Titled Zoning and Adopting Official Zoning Maps. Second Reading. Adoption.
SUBMITTED BY: Kate Huber, Planning Director
FISCAL NOTES:
Expenditure Required: n/a
Unencumbered Balance: n/a
Funding Source: n/a
RECOMMENDATION:
Approve Ordinance 24-01 Repeal and Replacement of Valdez Municipal Code Title 17 - the Valdez Zoning Code and Official Zoning Maps (first reading.)
SUMMARY STATEMENT:
Following adoption of the 2021 Valdez Comprehensive Plan, Plan Valdez, the Planning Department embarked on a full revision of the zoning code (Valdez Municipal Code Title 17.) The goals for the revision include the following:
- Be consistent with Plan Valdez
- Allow more housing options
- Accommodate mixed-use projects
- Address natural hazards
- Plan for winter city conditions
- Remove unnecessary regulations
- Create land use/development flexibility
- Streamline review procedures
The project team, made up of Planning staff and representatives from Agnew::Beck Consulting in Anchorage and Stantec in Minneapolis, MN, began work in the fall of 2022. From November 2022 - May 2023, the team met monthly with a working group of Valdez residents to discuss issues and receive input on the project. Additionally, in March and April of 2023 we conducted a public open house and a community survey that helped inform the ordinance.
In October of 2023, the first draft ordinance was presented to the community and a lengthy public comment period was conducted. The Planning & Zoning Commission and City Council held multiple joint work sessions to discuss the project, culminating in a joint work session November 29, 2023 to discuss public comments received and give the project team direction for modifying the draft.
The draft presented here for discussion is a result of the direction received during the November work session and all the feedback received throughout the process. As a part of the code revision, some zoning districts are consolidated, therefore new maps are proposed reflecting these consolidated districts. Outside of district consolidation, no zoning map changes are proposed in this update.
The City has identified multiple city-owned properties that should be rezoned, based on the comprehensive plan future land use maps. Planning staff will present these at a later date. Additionally, some privately owned properties within Valdez will have options to rezone based on Plan Valdez. Staff will work with any property owners who desire to rezone their properties based on the comprehensive plan updates.
On January 10th, the Planning & Zoning Commission held a public hearing to take comment on the proposed draft. A summary of the public comments received is attached here. The complete comments can be heard in the recording for the meeting available on the city’s agenda website. Included are three comments that were received in writing prior to that hearing.
Following the public hearing, the commission voted to recommend approval of the new zoning code. The vote was 6 in favor, 1 absent (Commissioner Goudreau). During their discussion three amendments to the draft were approved via vote of the commission. Their recommended amendments are detailed below.
Planning staff and City Administration discussed their recommendations and have included two within the draft proposed for Council consideration. After discussion with the City Attorney, the third recommendation was not incorporated into the draft. If Council would like to add the third proposed amendment, a motion to amend will need to be made and voted on during the City Council meeting.
P&Z Recommended Amendment 1: Incorporate a 60-day timeline for decision on complete conditional use permit applications. This is a provision included in the current code, but was not incorporated into the new draft. Staff has added this language to the draft.
P&Z Recommended Amendment 2: Adding to 17.04.120 G6 for temporary land use permits, allowing permanent alteration of the land for a temporary land use permit with City staff or commission approval. After discussion internally and with the City Attorney, staff has not incorporated this recommendation into the draft.
Temporary land use permits are designed to allow short-term uses of City of Valdez property (6 months or less) or to allow use that is not permitted in a district to happen on temporary basis. The criterion included in this section are designed to ensure that a use is truly temporary and does not exceed the 6-month maximum. Permanent alteration of City land should be done through a long-term lease or City project. Permanent alteration of private land should be reviewed for zoning compliance. If it is in alignment with the zoning district’s allowable uses or is superseded by other jurisdiction, a temporary land use permit would not be required.
P&Z Recommended Amendment 3: Add religious institutions to the listed organizations in 17.12.090 (F1). This will allow religious institutions to display information on an electronic message board. Staff has incorporated this into the draft.
Additionally, following the public hearing, the City Attorney identified a provision of the sign code related to electronic message boards that needed to be further revised. His redlines are included in this draft.
Two versions of the draft ordinance are attached. One is a clean version and one includes redlines documenting the changes made since the October 2023 public comment period. There is also more information regarding the process of developing this draft and significant changes to the code that can be found on the project website www.zoningvaldez.com. The current Title 17 Zoning Code is available on the City of Valdez website at www.valdezak.gov.