CHAPTER 17.15: PALMER SPECIAL LAND USE DISTRICT
Section
17.15.020 Comprehensive development plan
17.15.030 Delegation of authority
17.15.040 Compensation for planning expenses
17.15.050 Relinquishment of authority by city
17.15.005 EFFECTIVE DATE.
This chapter shall be effective only after the Palmer City Council has consented by ordinance to the delegation of authority; has adopted by ordinance, land use regulations in compliance with the most recent city comprehensive development plan adopted by the borough; upon signing of a memorandum of agreement between the city and borough; and upon adoption of this ordinance by the assembly.
(Ord. 92-080AM, § 7, 1992)
17.15.010 PURPOSE AND INTENT.
(A) This chapter shall be known as the planning and zoning ordinance of the Matanuska-Susitna Borough for the city of Palmer.
(B) The purpose of this chapter is:
(1) to implement the comprehensive development plan for the city of Palmer to encourage the most appropriate use of land;
(2) to conserve and stabilize the value of property;
(3) to aid in the rendering of fire and police protection;
(4) to provide adequate open space for light and air;
(5) to lessen the congestion on streets;
(6) to give an orderly growth to the city; (7) to prevent undue concentrations of population;
(8) to improve the city’s appearance;
(9) to facilitate adequate provisions for community utilities and facilities such as water, sewage and electrical distribution systems, transportation, schools, parks and other public requirements; and
(10) to promote public health, safety and general welfare.
(Ord. 92-080AM, § 6, 1992)
17.15.020 COMPREHENSIVE DEVELOPMENT PLAN.
(A) The most recent Palmer city comprehensive development plan adopted by the borough is incorporated by reference to the ordinance codified in this section.
(B) The comprehensive development plan for the city of Palmer is part of the comprehensive development plan of the Matanuska-Susitna Borough and, as such, any change in the goals, policies, objectives, criteria, standards or elements within such plan will require review by the Matanuska-Susitna Borough Planning Commission and adoption by the borough planning commission and assembly.
(C) All amendments to the zoning map or ordinance must be in accordance with the comprehensive development plan. Borough administration will be notified of any proposed amendments and given an opportunity to review the proposals prior to adoption by the city of Palmer.
(Ord. 92-080AM, § 6, 1992)
17.15.030 DELEGATION OF AUTHORITY.
(A) Pursuant to A.S. 29.40.010(b) and MSB 1.10.115, the city has consented, and the borough hereby delegates to the city, the authority to adopt, amend, administer, and enforce land use regulations within the city limits of Palmer provided that:
(1) city land use regulation must be in compliance with the most recent Palmer city comprehensive development plan adopted from time to time by the borough;
(2) the city shall transmit copies of all amendments of the land use regulations or official zoning map to the borough planning department;
(3) land use regulations must be adopted by a duly adopted ordinance of the Palmer City Council; and
(4) land use regulation powers delegated to the city of Palmer do not include the platting authority contained in MSB title 16 or the flood damage prevention contained in MSB 17.29.
(B) The borough will not be responsible for the prosecution of land use violations arising within the city of Palmer, or for the defense, prosecution, or enforcement of decisions of the Palmer Planning and Zoning Advisory Commission, the Palmer City Council, or the hearing examiner appointed by the Palmer City Council.
(C) The borough is not be responsible for the defense and indemnification of the city of Palmer against any claims for damages, or other liability including but not limited to, personal injury, property damage, or economic loss arising from the exercise of land use regulatory authority by the city of Palmer, the Palmer Planning and Zoning Advisory Commission, the hearing examiner, or any administrative officer of the city.
(D) The city of Palmer shall indemnify, defend, and hold and save the borough, its elected and appointed officers, agents and employees, harmless from liability of any nature or kind, including costs, expenses, and attorney’s fees for or on account of any and all legal actions or claims of any character resulting from injuries, death, economic loss, or damages sustained by any person, or property arising from the city of Palmer, or its officers’, agents’, employees’, and subcontractors’ performance in any way whatsoever.
(Ord. 92-080AM, § 6, 1992)
17.15.040 COMPENSATION FOR PLANNING EXPENSES.
A.S. 29.40.010 and MSB 1.10.115(E) provide that the borough may compensate cities for planning expenses on an annual basis, subject to approval of the borough assembly. Any compensation to the city of Palmer for planning expenses shall be in an amount approved by the assembly through the annual budget process. Annual appropriations shall be specifically addressed in a memorandum of agreement between the borough and city.
(Ord. 92-080AM, § 6, 1992)
17.15.050 RELINQUISHMENT OF AUTHORITY BY CITY.
(A) If the city wishes to relinquish the authority delegated pursuant to A.S. 29.40.010(b) and MSB 1.10.115, the city must adhere to the following procedures:
(1) The Palmer City Council must by ordinance request that the borough resume all authority and duties delegated by this chapter.
(2) The relinquishment of authority by the city of Palmer shall not take effect until the borough has rescinded the delegated authority and adopted by ordinance the necessary land use regulations to exercise the previously delegated powers.
(3) At such time as the city relinquishes the delegated authority and the borough rescinds the delegated authority, any compensation to the city of Palmer for planning expenses shall be refunded to the borough on a pro rata basis.
(4) The city shall provide the borough with all relevant files, documents, maps and plans necessary for the resumption of the delegated authority.
(Ord. 92-080AM, § 6, 1992)