HomeMy WebLinkAboutPZ82-09CITY OF KENAI
RESOLUTION N0. PZ 82 - 9
A RESOLUTION OF THE ADVISORY ..PLANNING AND ZONING COMMISSION OF
THE CITY OF KENAI, ALASKA, RECOMMENDING AMENDING KMC 14.10.080 (b)
TO ACCEPT THEREFROM SUBDIVISIONS PREPARED BY THE CITY OF KENAI
AND TO ALLOW SUBDIVIDERS TO POST SECURITY .OTHER THAN SURETY BOND
OR CHECK.
WHEREAS, KMC 14.10.080 (b) is designed to prevent a subdivider
from not carrying out the responsibilities required in selling
property with. the result that the City of Kenai is left with the
problems of citizens who do not have suitable streets, water, or
sewer, and
WHEREAS, when the City of Kenai prepares a subdivision, it is
already responsible for installation of such improvements, and
therefore, the provisions of that paragraph need not apply to
.subdivisions prepared by the City of Kenai, and
WHEREAS, the provision that in lieu of such installation a
subdivider might file with the City Clerk a surety bond,
cashier's check or certified check. to secure construction of
such improvements might be interpreted as limiting forms of
surety for such improvements to those named, and
WHEREAS., other forms of security might be used which would be
less costly and less difficult to obtain by the subdivider, and
WHEREAS, the Kenai Advisory Planning and Zoning Commission has
made a study of this ordinance and has held a public hearing in
accordance with provisions of KMC 14..10.110.
NOW, THEREFORE, BE IT RESOLVED BY THE ADVISORY PLANNING AND ZONING
COMMISSION. OF THE CITY OF KENAI, ALASKA, as follows:
Section 1: That KMC 14.10.080 (b) should be amended as follows:
(b) No final or official plat of any subdivision, except
for subdivisions prepared by the City of Kenai, shall be
approved unless:
(1) The improvements listed in the following subsections have
been installed prior to such approval, or
(2) The subdivider shall file with the City Clerk security,
such as but not limited to, a surety bond, cashier's check,
or a certified checK upon an Alaskan. bank conditioned to
secure the construction of the improvements listed in the
following subsections in a satisfactory manner and within
a period specified by the pity Council, but such period
shall not exceed Z years. No such security, bond or check
shall be accepted unless it be enforceable by or payable
to the City in a sum at least equal to the cost of constructing
the improvements as estimated by the City Engineer or his
equivalent under contract by the City, and in form with
surety and conditions approved by the City Attorney.
PASSED BY THE ADVISORY PLANNING AND ZONING COMMISSION OF THE CITY
OF KENAI, ALASKA, this day of _~U ~,.~ 19ti2.
Cc~v-re
J Castimore, Chairman
ATTEST:
Ja t Lorer, Secretary