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HomeMy WebLinkAboutOrd1997-001 I I I Sponsored by: Planning and Zoning Commission Introduction Date: January 13 1997 Public Hearing Date: Januarv 27. 1997 CITY OF SEWARD, ALASKA ORDINANCE NO. 97-01 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AMENDING TITLES 15 AND 16 OF THE SEWARD CITY CODE TO REQUIRE THE PUBLIC POSTING OF PROPERTY THAT IS THE SUBJECT OF PLANNING, ZONING AND SUBDIVISION CHANGES WHEREAS, the public has expressed an interest in expanded public noticing of proposed land use actions that may affect neighboring property owners and/or the community as a whole; and WHEREAS, the Seward Planning and Zoning Commission has held a public hearing on proposed changes to the Seward Zoning Code which would expand public notice procedures; and WHEREAS, at its December 10, 1996, meeting, the Planning Commission recommended adoption of City Code changes which would require public posting of property being proposed for land use actions; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA HEREBY ORDAINS that: Section 1. Seward City Code Section 15.01.040.A.2. is hereby amended to read as follows: 15.01.040 Public Hearings. A. 1. 2. Neighboring vroverty owners notification. A copy of the public hearing notice shall be mailed to the applicant and to real property owners of record on the Kenai Peninsula Borough assessor records within a 300-foot periphery of the parcel afficted by the proposed action. This notice shall be mailed not less than ten days prior to the date of the hearing. When a public hearing is to be held regarding an amendment involving a change in text or major district boundary changes, no notification of neighboring property owners shall be required, but notices shall be mailed to affected property owners and displayed in at least three public places. Section 2. Seward City Code Section 15.01.040.A. is hereby amended by adding the following new subsections: CITY OF SEWARD, ALASKA ORDINANCE NO. 97-01 15.01.040 Public Hearings. A. 1. 2. 3. Public nosting. The applicant shall post the property subject to the application with public notices as provided by the city at least 10 days before the date of the required public hearing. Such notices shall be placed so as to be visible from each improved street adjacent to the property. The applicant is responsible for removing the posted notices within five days after the hearing is completed. Failure to properly post notices is grounds for deferral or denial of the application. No one except the applicant, an agent of the applicant, or the city shall remove or tamper with any such required posted notice during the period it is required to be maintained under this paragraph. 4. Proof Qf Posting. Before the public hearing, the applicant shall submit to the city an affidavit signed by the person who posted the notice or caused the posting to be done that the notice was posted as required by the section. Section 3. Seward City Code Section 16.01.015 is hereby amended by adding the following new subsections: 16.01. 015 Conditions to plat approval. A. B. e. Public Posting. The applicant shall post the property subject to the application with public notices as provided by the city at least 10 days before the date of the required public hearing. Such notices shall be placed so as to be visible from each improved street adjacent to the property. The applicant is responsible for removing the posted notices within five days after the hearing is completed. Failure to properly post notices is grounds for deferral or denial of the application. No one except the applicant, an agent of the applicant, or the city shall remove or tamper with any such required posted notice during the period it is required to be maintained under this paragraph. D. Proof Qf Posting. Before the public hearing, the applicant shall submit to the city an affidavit signed by the person who posted the notice or caused the posting to be done that the notice was posted as required by the section. E. Notification Qf neighboring vroverty owners. A notice of preliminary plat review shall be mailed not less than 10 days prior to the meeting review date to the owners of record on the Kenai Peninsula Borough assessor records of real property within 300 feet of the periphery of the parcel afficted by the proposed plat. -2- I I I CITY OF SEWARD, ALASKA ORDINANCE NO. 97-01 Section 4. This ordinance shall take effect ten (10) days following its enactment. ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, this 27th day ofJanuary, 1997. AYES: NOES: ABSENT: ABSTAIN: ATTEST: ',. THE CITY OF SEWARD, ALASKA Anderson, Bencardino, Blatchford, Clark, Crane, Keil, King None None None -'- '....' $fl., Ai, .... "~," ['.l ~~... ~ <, " " , -- " , ., .. ~ . '1,"', ~'. 4' ~T -; ...~ '.... , '.. J' ,.1 ..~.. ' _ ",;; .:lI l1'l, ... \-Ji' .i ......... .....~ '9"'"11"'" APPROVED AS TO FORM: Wohlforth, Argetsinger, Johnson & Brecht, Attorneys for the city of Seward, Alaska iJ:~?~ -3-