HomeMy WebLinkAboutOrdinance No. 2282-2008Suggested by: Administration
^~.iTY OF° KENFeI
O INAbICE IdO. 2282-2008
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING
KMC 14.20.160 (b)(8), KMC 14.20.161(b)(5) AND KMC 14.20.170(b)(8) 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)(5) (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)(5) and KMC 14.20.170(b)(8)
should be amended to reflect the change in state law.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, that KMC 14.20.160 (b)(8), KMC 14.20.161(b)(5) and KMC 14.20.170(b)(8)
are amended as follows:
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)(5) 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 34.08, has been made prior to the sale of any
townhouse dwelling units.
Ordinance No. 2282-2008
Page 2 of 2
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 34.08, has been made prior to
the sale of any townhouse dwelling units.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, fifth day of March,
2008. ~ /7
PAT PORTER, MAYOR
ATTEST:
'_~~-~~p ~1 .
Carol L. Freas, City Clerk
Introduced: February 20, 2008
Adopted: March 5, 2008
Effective: April 5, 2008
Suggested by: Administration
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION N^v. PZ08-OS
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF
KENAI, ALASKA, RECOMMENDING TO THE COUNCIL THAT ICMC 14.20.160 (b)(8),
KMC 14.20.161(b)(5) 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 AC'F IN AS 34.08.
WHEREAS, KMC 14.20.160(b)(8) (Townhouses) refers to the Horizontal Property Regimes
Property Actin AS 34.07; and,
WHEREAS, KMC 14.20.161(b)(5) (Zero Lot Line Development) refers to the Forizontal
Property Regimes Property Act in AS 34.07; and,
WFIEREAS, 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 Actin 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)(5) 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)(5) and KMC 14.20.170(b)(8) asfollows:
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)(5) 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 34.08, 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 comn-ion open area, property or arnenities, shall have evidence that
compliance with [HORIZONTAL PROPER"I'Y 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.
PASSED BY THE PLANNING AND ZONING COMMISSION OP THE CITY OF KENAI,
ALASKA, this 13th day of February.
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