This
document contains Ordinance 02-43, 02-43(S) and 02-43(S)(2).
CITY OF HOMER
HOMER,
ALASKA
City Manager
ORDINANCE
02-43
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HOMER, ALASKA AMENDING THE SUBDIVISIONS CODE, CHAPTER 22.10 OF THE HOMER CITY CODE, TO PROVIDE FOR AN ABBREVIATED PLAT APPROVAL PROCEDURE FOR CERTAIN SMALL SUBDIVISIONS
WHEREAS,
The current Subdivision code was adopted in 1985, amended in 1987, 1990, and
last amended in 1993; and
WHEREAS,
In recent years there has been an increase in the numbers of preliminary plats
submitted to the Planning Department that qualify under the Kenai Peninsula
Borough’s Code § 20.04.070 for treatment as an abbreviated plat; and
WHEREAS,
Certain small subdivisions will not negatively affect the surrounding properties,
and, therefore, notification of those property owners is unnecessary; and
WHEREAS, The Planning
Commission held a public hearing on this matter at the September 4, 2002
meeting, as required by Homer City Code, Chapter 21.70 and for these and other
considerations recommended approval of the abbreviated plat procedure.
NOW,
THEREFORE, THE CITY OF HOMER HEREBY ORDAINS:
Section
1. The following section shall be
added to Homer City Code Title 22, as Section 22.10.045, entitled
Abbreviated Plats Procedure:
22.10.045
Abbreviated Plat Procedure. a. The abbreviated plat procedure set forth in
this section may be used in those instances where the proposed subdivision or
resubdivision is of a simple nature and includes only (i) the movement or elimination
of lot lines or (ii) the simple subdivision of a single tract parcel or lot
into not more than three tracts or lots; provided that the subdivision does
not:
1. Result in any lot less than the minimum
lot size required under existing zoning.
2. Allow a
change in the permitted use to which the lot or tract may be devoted under
existing zoning.
3. Alter a
dedicated street or other right-of-way or require additional dedication.
Page Two
Ordinance 02-43
City of Homer
4. Deny
adequate public access to and from all lots or tracts created and adjacent.
b. The Planning Director shall review each
submitted preliminary plat for completeness and eligibility for the abbreviated
plat procedures. If a preliminary plat
is not eligible for abbreviated plat procedures, the Planning Director shall
schedule the plat to be considered by the Planning Commission.
c. The review of plats eligible for
abbreviated plat procedures under this section is delegated to the Planning
Director. Within 14 days after receipt
of an eligible preliminary plat and all other required departmental or outside
reviews, the Planning Director shall act on the plat. Instead of acting, the Planning Director may elect to refer the
matter to the Planning Commission for action.
d. The notice provisions of section
22.10.052 do not apply to action taken by the Planning Director on a plat
eligible for the abbreviated procedures under this section. The Planning Director may act on such a plat
without notice to the public or neighboring properties.
e. A preliminary approval granted by the
Planning Director under this section shall be for a period of twelve
months. No extension of time may be
granted.
f. All decisions of the Planning Director
regarding the preliminary plat shall be final unless appealed by the surveyor
or subdivider to the Planning Commission within 15 days after the Planning
Director gives written notification of the decision. An appeal to the Planning Commission shall be conducted as an
independent review of the preliminary plat application.
g. Where the preliminary plat has been
approved by the Planning Director under this section, the final plat may be
approved by the Planning Director if the final plat meets the conditions of the
preliminary approval and complies with this chapter.
h. Where the preliminary or final plat has
been approved by the Planning Director under this section, the Planning
Director shall report such approvals at the next regular planning commission
meeting.
Section 2. This ordinance is of a permanent and general character and shall
be included in the Homer City Code
Page Three
Ordinance 02-43
City of Homer
CITY
OF HOMER
___________________________
ATTEST: JACK
CUSHING, MAYOR
_________________________________________
MARY L. CALHOUN, CMC, CITY CLERK
YES: _____________________
NO: ______________________
ABSTAIN: _________________
ABSENT: __________________
First Reading: __________
Public Hearing: _________
Second Reading: _________
Effective Date: _________
Reviewed and Approved as to form and content:
__________________________________ _________________________________
RON DRATHMAN, CITY MANAGER GORDON J. TANS, CITY ATTORNEY
DATE: __________________ DATE:
_________________
Fiscal Note: This
action will result in the savings of personnel time required of the Public
Works Department for plat review and Planning personnel for mailing
notification to the surrounding property owners. There is also a saving in supplies, i.e., envelopes, paper, and
postal charges required for mailings.
CITY OF HOMER
HOMER, ALASKA
Mayor/Council
ORDINANCE 02 – 43(S)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HOMER, ALASKA AMENDING THE SUBDIVISIONS CODE, CHAPTER 22.10 OF THE HOMER CITY CODE, TO PROVIDE FOR AN ABBREVIATED PLAT APPROVAL PROCEDURE FOR CERTAIN SMALL SUBDIVISIONS
WHEREAS, The current Subdivision
code was adopted in 1985, amended in 1987, 1990, and last amended in 1993; and,
WHEREAS, in recent years there has
been an increase in the numbers of preliminary plats submitted to the Planning
Department that qualify under the Kenai Peninsula Borough’s Code § 20.04.070
for treatment as an abbreviated plat; and,
WHEREAS, the Planning Commission
held a public hearing on this matter at the September 4, 2002 meeting, as
required by Homer City Code, Chapter 21.70 and for these and other
considerations recommended approval of the abbreviated plat procedure.
NOW, THEREFORE, THE CITY OF HOMER
HEREBY ORDAINS:
Section 1. The following section shall be added to
Homer City Code Title 22, as Section 22.10.045,
entitled Abbreviated Plats Procedure:
22.10.045
Abbreviated Plat Procedure. A. The abbreviated plat procedure set forth in
this section may be used in those instances where the proposed subdivision or
resubdivision is of a simple nature and includes only (i) the movement or
elimination of lot lines or (ii) the simple subdivision of a single tract
parcel or lot into not more than two tracts or lots; provided that the
subdivision does not:
1. Result in any lot
less than the minimum lot size required under existing zoning.
2. Allow a change in the permitted use to which the lot or
tract may be devoted under existing zoning.
3. Alter a dedicated street or other right-of-way or require
additional dedication.
4. Deny adequate public access to and from all lots or tracts
created and adjacent.
5. Require the granting of any exception to the Borough
Subdivision Ordinance.
6. Include any lot that is part of an LID.
B. The Planning Director shall review each
submitted preliminary plat for completeness and eligibility for the abbreviated
plat procedures and if eligible will place it on the Consent Agenda .
If a preliminary plat is not eligible for abbreviated plat procedures,
the Planning Director shall schedule the plat to be considered by the Planning
Commission under Consideration of Plats on the Agenda.
C. The review of plats eligible for
abbreviated plat procedures under this section is delegated to the Planning
Director. After receipt of an eligible
preliminary plat and all other required departmental or outside reviews, the
Planning Director shall place the plat on the Consent Agenda.
D. The notice provisions of section
22.10.052 apply.
E. A preliminary approval granted by the
Planning Director under this section shall be for a period of twelve
months. No extension of time may be
granted.
F. All decisions of the Planning Director
regarding the preliminary plat shall be final unless appealed by the surveyor
or subdivider to the Planning Commission within 15 days after the Planning Director
gives written notification of the decision.
An appeal to the Planning Commission shall be conducted as an
independent review of the preliminary plat application.
G. Where the preliminary plat has been
approved by the Planning Director under this section, the final plat may be
approved by the Planning Director if the final plat meets the conditions of the
preliminary approval and complies with this chapter.
Section 2. This
ordinance is of a permanent and general character and shall be included in the
City code
ENACTED BY THE CITY COUNCIL OF THE CITY OF HOMER,
ALASKA, this ____ day of ___________, 2002.
CITY
OF HOMER
Jack
Cushing, Mayor
ATTEST
Mary
L. Calhoun, CMC, City Clerk
Fiscal
Note: This action will result in the
savings of personnel time required of the Public Works Department for plat
review and Planning personnel for mailing notification to the surrounding
property owners. There is also a saving
in supplies, i.e., envelopes, paper, and postal charges required for mailings.
AYES:
NOES:
ABSTAIN:
ABSENT:
First
Reading:
Public
Hearing:
Second
Reading:
Effective
Date:
Reviewed
and approved as to form:
Ron
Drathman Gordon
J. Tans
City
Manager City
Attorney
CITY OF HOMER
HOMER, ALASKA
Mayor/Council
submitted by City Attorney
ORDINANCE 02 – 43(S)(2)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HOMER, ALASKA AMENDING THE SUBDIVISIONS CODE, CHAPTER 22.10 OF THE HOMER CITY CODE, TO PROVIDE FOR AN ABBREVIATED PLAT APPROVAL PROCEDURE FOR CERTAIN SMALL SUBDIVISIONS
WHEREAS, The current Subdivision code was adopted in 1985, amended in 1987, 1990, and last amended in 1993; and,
WHEREAS, in recent years there has been an increase in the numbers of preliminary plats submitted to the Planning Department that qualify under the Kenai Peninsula Borough’s Code § 20.04.070 for treatment as an abbreviated plat; and,
WHEREAS, the Planning Commission held a public hearing on this matter at the September 4, 2002 meeting, as required by Homer City Code, Chapter 21.70 and for these and other considerations recommended approval of the abbreviated plat procedure.
NOW, THEREFORE, THE CITY OF HOMER HEREBY ORDAINS:
Section 1. The following section shall be added to Homer City Code Title 22, as Section 22.10.045, entitled Abbreviated Plats Procedure:
22.10.045 Abbreviated Plat Procedure. A. The abbreviated plat procedure set forth in this section may be used in those instances where the proposed subdivision or resubdivision is of a simple nature and includes only (i) the movement or elimination of lot lines or (ii) the simple subdivision of a single tract parcel or lot into not more than two tracts or lots; provided that the subdivision does not:
1. Result in any lot less than the minimum lot size required under existing zoning.
2. Allow a change in the permitted use to which the lot or tract may be devoted under existing zoning.
3. Alter a dedicated street or other right-of-way or require additional dedication.
4. Deny adequate public access to and from all lots or tracts created and adjacent.
Page Two
Ordinance 02-43(S)(2)
City of Homer
5. Require the granting of any exception to the Borough Subdivision Ordinance.
6. Include any lot that is part of an LID.
B. The Planning Director shall
review each submitted preliminary plat for completeness and eligibility for the
abbreviated plat procedures and if eligible will place it on the Consent Agenda . If a preliminary plat is not eligible for abbreviated
plat procedures, the Planning Director shall schedule the plat to be considered
by the Planning Commission under Consideration
of Plats on the Agenda under
standard procedures.
C. The review of plats eligible
for abbreviated plat procedures under this section is delegated to the Planning
Director. Instead of acting on an
eligible plat, the Planning Director may elect in any case to refer the plat to
the Planning Commission for consideration under standard procedures. After
receipt of an eligible preliminary plat and all other required departmental or
outside reviews, the Planning Director shall place the plat on the Consent Agenda.
D. The notice provisions of
section 22.10.052 apply. Within
seven days after determining a preliminary plat is eligible for abbreviated
plat procedures, the Planning Director shall cause a copy of the preliminary
plat to be mailed to neighboring property owners as provided in section
22.10.052. The Planning Director shall
also submit the preliminary plat to other city departments and other
governmental agencies that have an interest in reviewing the preliminary
plat. Comments or objections to the
preliminary plat must be received by the Planning Director within 21 days after
mailing the notification to property owners under section 22.10.052.
E. If timely objections are
received, or if the Planning Director, in his or her discretion, determines
that submitted comments or other factors merit action on the preliminary plat
by the Planning Commission, the Planning Director shall not act on the plat and
shall refer the plat to the Planning Commission for consideration under
standard procedures at the next available opportunity. If no timely objections are received, the
Planning Director shall act on the preliminary plat within 30 days after the
date of mailing notification to property owners under section 22.10.052. When acting on a preliminary plat, the
Planning Director may, but is not obligated to take into account untimely
comments or objections received before taking action on the plat. The Planning Director shall promptly notify
the Planning Commission of all actions on plats taken under this
subsection. If the Planning Director
fails to take
Page Three
Ordinance 02-43(S)(2)
City of Homer
timely action on a plat
under this subsection, the preliminary plat shall be deemed denied and an
appeal may be taken under subsection (G).
The time for such appeal begins to run on the day following the last
date on which the Planning Director was required to act.
E.F. A preliminary approval granted by the Planning Director
under this section shall be for a period of twelve months. If
a completed application for final plat approval is not received by the Planning
Director within twelve months of the date of decision on the preliminary plat,
the preliminary plat approval expires and is of no further effect. No extension of time may be granted.
F.G. All decisions of the Planning Director regarding the
preliminary plat shall be are
final, subject to appeal unless
appealed by the property owner, surveyor
or subdivider, or by a city
department or government agency that submitted comments on the plat, to
the Planning Commission within 15 days after the Planning Director gives
written notification of the decision. An appeal to the Planning Commission
shall be conducted as an independent review of the preliminary plat application under standard plat approval procedures.
G.H. Where the preliminary plat has been approved by the
Planning Director under this section, the final plat may be approved by the
Planning Director if the final plat meets the conditions of the preliminary
approval and complies with this chapter.
Section 2. This ordinance is of a permanent and general character and shall be included in the City code
ENACTED BY THE CITY COUNCIL OF THE CITY OF HOMER, ALASKA, this ____ day of ___________, 2002.
CITY OF HOMER
Jack Cushing, Mayor
ATTEST
Mary L. Calhoun, CMC, City Clerk
Page Four
Ordinance 02-43(S)(2)
City of Homer
AYES:
NOES:
ABSTAIN:
ABSENT:
First Reading:
Public Hearing:
Second Reading:
Effective Date:
Reviewed and approved as to form:
Walt E. Wrede, City Manager Gordon J. Tans, City Attorney
date: _____________ date: _____________
Fiscal Note: This action will result in the savings of personnel time required of the Public Works Department for plat review and Planning personnel for mailing notification to the surrounding property owners. There is also a saving in supplies, i.e., envelopes, paper, and postal charges required for mailings.