2004-07 Amendment Title 16 Conditional Use Permits Public HearingSection 1:
Section 2:
Kodiak island Borough, Alaska
Ordinance No. 2004-07
KODIAK ISLAND BOROUGH
ORDINANCE NO. 2004 -07
Introduced by:
Requested by:
Drafted by:
Introduced:
Public Hearing:
Adopted:
Manager Carlson
Planning & Zoning
Commission
Community Development
Department
04/15/2004
05/06/2004
05/06/2004
AN ORDINANCE OF THE KOOIAK ISLAND BOROUGH ASSEMBLY
AMENDING KODIAK ISLAND BOROUGH CODE OF ORDINANCES TiTLE 16 SUBDIVISION
CHAPTER 16.40 PRELIMINARY PLA T SECTION 16.40.060 PROCEDURE
CHAPTER 16.60 VACATIONS SECTION 16.60.030 REQUIRED APPLICATION
SECTION 16.60.040 ACTION
AND TITLE 17 ZONING
CHAPTER 17.66 VARIANCES SECTION 17.66.040 PUBLIC HEARING AND NOTICE
CHAPTER 17.67 CONDITIONAL USE PERMITS SECTION 17.67.040 PUBLIC HEARING
WHEREAS, the Kodiak island Borough Planning and Zoning Commission adopted certain
amendments to its bylaws on May 23, 2003; and
WHEREAS, these amendments were forwarded to the Kodiak Island Borough Assembly for
consideration and were subsequently approved by motion on July 17, 2003; and
WHEREAS, the amendment to change the agenda deadline for regular meetings of the Kodiak
Island Borough Planning and Zoning Commission has implications within the applicable chapters
of KIBC Title 16 Subdivisions and KIBC Title 17 Zoning which must be reconciled by ordinance
to be consistent with the new guideline established in the revised Commission bylaws; and
WHEREAS, in order to achieve consistency with the new agenda deadline approved by the
Commission and Assembly, the Borough Assembly needs to review and approve the suggested
changes to Kodiak island Borough Code of Ordinances Chapters 16.40 Preliminary Plat, 16.60
Vacations, 17.66 Variances, and 17.67 Conditional Use Permits;
NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
THAT:
This ordinance is of a general and permanent nature and shall become a part of the
Kodiak Island Borough Code of Ordinances.
Title 16, Chapter 16.40, Section 16.40.060 is hereby amended as follows:
Title 16 Subdivision
Chapter 16.40
PRELIMINARY PLAT
16.40.060 Procedure. A. The community development department director shall review the
preliminary subdivision plat for completeness within five (5) working days of receipt. if the plat
does not meet the requirements of sections 16.40.020 through
16.40.050 of this chapter, the community development department director shall notify the
subdivider and surveyor in writing stating the additional information required.
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B. If the application and submittal requirements have been met within five (5) working days after
the deadline established for the commission agenda {thy.- fd..y --a tc, tl 'Luau,illy
meeting) -the community development department director shall accept the preliminary plat for
review by the commission at the next regular meeting.
C. An accepted preliminary plat shall be sent to official review agencies established by the
commission for review and comment. Comment from the review agencies must be submitted in
writing to the community development department director nine (9) working days prior to the
commission meeting at which the plat will be considered.
D. The engineering and facilities department director and community development department
director shall make recommendations and comments in writing to the commission no later than
six (6) working days prior to the commission meeting at which the plat will be considered.
E. The commission shall approve or disapprove a plat sixty (60) days after it is filed or shall return
it to the applicant for modification or correction, unless the applicant for plat approval consents
to an extension of time. The commission shall adopt specific findings of fact and reasons for its
action on the plat. The subdivider shall be notified in writing of the action and findings of the
commission within five (5) working days.
F. The approval of the preliminary plat shall be effective for twenty -four (24) months from the
date of approval, notwithstanding the provisions of any subsequent change in the subdivision
ordinance, zoning ordinance, or zoning districts.
After this time, the preliminary plat shall become null and void unless an extension of time is
granted, at the request of the subdivider, by the commission prior to the expiration of the
preliminary plat. A time extension will only be granted if a reevaluation of the preliminary plat
indicates that conditions are substantially the same as when the preliminary plat was originally
approved.
A preliminary plat may include two (2) or more phases provided that each phase shall be
developed successively and each phase shall be subject to the then current improvement
standards of this title. The commission may require a final plat to be brought before the
commission for final review and /or approval as a condition of preliminary approval.
G. All decisions as to approval or disapproval of a preliminary plat by the commission shall be
final unless a request for reconsideration or an appeal is brought pursuant to chapter 16.90 of this
title.
H. The community development department will grant an automatic extension of the preliminary
plat approval if the subdivision has been denied access to a public sewer and water system, when
access is required as a condition of plat approval. An applicant for an automatic extension must
provide documentation of the denial of access to the community development department. An
automatic extension is valid until one (1) year after access to the system is permitted.
SECTION 3: Title 16, Chapter 16.60, Sections 16.60.030 and 16.60.040 are hereby amended
as follows:
Title 16 Subdivision
Chapter 16.60
VACATIONS
16.60.030 Required application. In submitting a vacation application, the applicant shall submit the
following items to the community development department director by the deadline established for the
commission agenda _ • _ to be considered at the next regular
meeting.
A. A written statement containing reasons in support of the vacation.
B. A map illustrating the area to be vacated. The map must also show the outer boundary of the property
receiving the benefit of the dedication and the location of all known public improvements within the area
being vacated.
Kodiak Island Borough, Alaska
Ordinance No. 2004 -07
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16.60.040 Action. application within forty-(e) (50) working days
A. The commission shall take action on the vacation app
after the fee date of the next available meeting agenda deadline. The commission's action shall
be stated in the minutes of the commission meeting. The commission shall notify the applicant in writing
of the official statement of findings and reasons for their action within five (5) working days.
B. The approval of the vacation shall be effective for a period of twenty -four (24) months from the date
of approval during which time the applicant may perfect the vacation by fin ep and f such
vacation. The vacation and replatting of the area shall conform with the applicable p
plat vcatted from procedures record s plat the may be delete an area
be el gible for the abbreviated plat
SECTION 4: Title 17, Chapter 17.66, Section 17.66.040 is hereby amended as follows:
Title 17 Zoning
Chapter 17.66
VARIANCES
17.66.040 Public hearing and notice. The commission shall hold a public hearing on each properly
submitted application for a variance within tlfirti (30) fifty (50) working days after the lili„y of tli:
appliuntk.f r date of the next available meeting agenda deadline. The applicant shall be notified of the date
of such hearing. The community development department shall send to each owner of property within a
minimum distance of three hundred (300) feet of the exterior boundary of the lot or parcel of land
described in the application, notice of the time and place of the pubii ari For description
scrpo es of this
property involved, its street address, and the action requested by the applicant.
also be provided in accordance with state law by publication ins roll. Notice shall
chapter, local newspapers.
SECTION 5: Title 17, Chapter 17.67, Section 17.67.040 is hereby amended as follows:
Title 17 Zoning
Chapter 17.67
CONDITIONAL USE PERMITS
17.67.040 Public hearing. The commission shall hold a public hearing within-thirty fifty (50) working
days after the date of the next available meeting agenda deadline. The community
development department shall give notice of hearing as required.
ADOPTED BY THE ASSEMBLY S DAY THE KODIAK
2 04 ISLAND BOROUGH
S
ATTEST:
J udith A. Nielsen, :o ough Clerk
Kodiak Island Borough, Alaska
Ordinance No. 2004 -07
KODIAK ISLAND BOROUGH
Gabrielle LeDoux, Borough May
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