HomeMy WebLinkAboutResolution No. PZ08-05Suggested by: Administration
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ08-OS
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF
KENAI, ALASKA, RECOMMENDING TO THE COUNCIL THAT KMC 14.20.160 (b){8),
KMC 14.20.161(b)(S) AND KMC 14.20.170{b)(8) BE AMENDED BY REPLACING THE
REFERENCE TO THE HORIZONTAL PROPERTY REGIMES ACT IN AS 34.07 WITH A
REFERENCE TO THE UNIFORM COMMON INTEREST OWNERSHIP ACT IN AS 34.08.
WHEREAS, KMC 14.20.160(b)(8) {Townhouses) refers to the Horizontal Property Regimes
Property Act in AS 34.07; and,
WHEREAS, KMC 14.20.161(b){S) {Zero Lot Line Development) refers to the Horizontal
Property Regimes Property Act in AS 34.07; and,
WHEREAS, KMC 14.20.170(b)(8) (Planned Unit Development} refers to the Horizontal
Property Regimes Property Act in AS 34.07; and,
WHEREAS, the Horizontal Regimes Property Act in AS 34.07 has been replaced with the
Uniform Common Interest Ownership Act in AS 34.08; and,
WHEREAS, KMC 14.20.160 (b)(8), KMC 14.20.161{b}(S) and KMC 14.20.170(b}(8) should be
amended to reflect the change in state law.
NOW, THEREFORE, THE PLANNING AND ZONING COMMISSION OF THE CITY OF
KENAI RECOMMENDS THE COUNCIL OF THE CITY OF KENAI, ALASKA AMEND
KMC 14.20.160 (b)(8), KMC 14.20.161(b)(S} and KMC 14.20.170{b)(8) as follows:
I.
KMC 14.20.160(b)(8) The developer or subdivider of any townhouse
development including common open area, property or amenities, shall have evidence that
compliance with [HORIZONTAL PROPERTY REGIMES ACT, AS 34.07 Uniform Common
Interest Ownership Act, AS 34.08, has been made prior to the sale of any townhouse dwelling
units.
II.
KMC 14.20.161(b)(S) The developer or subdivider of any zero lot line
development including common open area, property or amenities, shall have evidence that
compliance with [HORIZONTAL PROPERTY REGIMES ACT, AS 34.07] Uniform Common
Interest Ownership Act, AS 34.0$, has been made prior to the sale of any townhouse dwelling
units.
III.
KMC 14.20.170(b)(8) The developer or subdivider of an Planned Unit Residential
Development including common open area, property or amenities, shall have evidence that
compliance with [HORIZONTAL PROPERTY REGIMES ACT, AS 34.07] Uniform Common
Interest Ownership Act, AS 34T08, has been made prior to the sale of any Townhouse dwelling
units.
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI,
ALASKA, this 13th day of February 2008.