Memorandum 17-042 Ordinance 17-07(S) Use of Hearing Officer

Memorandum 17-042
 

TO:                  MAYOR ZAK AND HOMER CITY COUNCIL
THROUGH:       KATIE KOESTER, CITY MANAGER
FROM:             RICK ABBOUD, CITY PLANNER

DATE:                   MARCH 7, 2017

  SUBJECT:         DRAFT ORDINANCE 17-07(S), AN ORDINANCE OF THE CITY COUNCIL OF HOMER, ALASKA, AMENDING HOMER CITY CODE 4.10.040, 8.08.120, 14.05.425, 21.93.060, 21.93.070, 21.93.100, 21.93.110, 21.93.500, 21.93.540, 21.93.550, 21.93.560,21.93.570, 21.93.700, AND 21.93.710 TO REPLACE THE BOARD OF ADJUSTMENT WITH A HEARING OFFICER TO DECIDE ADMINISTRATIVE APPEALS UNDER THE HOMER CITY CODE, INCLUDING BUT NOT LIMITED TO, THE USE OF A HEARING OFFICER TO ORDER IMPOUNDMENT OF DANGEROUS ANIMALS, DECIDE DISPUTES REGARDING ITINERANT MERCHANT LICENSES, AND DECIDE DISPUTES REGARDING QUALIFICATIONS OF A CANDIDATE FOR OFFICE.

The Homer Advisory Planning Commission held a public hearing on the matter at their meeting of February 15, 2017. The Commission believes the process of having a hearing officer may lead to a more effective and efficient way to deal with appeals of the Planning Commission. There was no public testimony and the Commission voted by unanimous consent to recommend adoption by the City Council.

21.95.040 Planning Department review of code amendment. The Planning Department shall evaluate each amendment to this title that is initiated in accordance with HCC 21.95.010 and qualified under HCC 21.95.030, and may recommend approval of the amendment only if it finds that the amendment:

a. Is consistent with the comprehensive plan and will further specific goals and objectives of the plan.

Comprehensive Plan Chapter 4, Goal 3 Object A states: “Create a clear, coordinated regulatory framework that guides development.” Further implementation strategies include, “Provide a clear and predictable approval process ….”

Staff response: This amendment is found to further a specific objective. It has not been found to be inconsistent with the Comprehensive Plan.

b. Will be reasonable to implement and enforce.

Staff response:  This code amendment will be reasonable to implement and enforce as it proposes to improve upon a current process and provides a more reliable process for appeals.

c. Will promote the present and future public health, safety and welfare.

Staff response: The proposal adds to the welfare of the community by relying upon a hearing officer trained in administrative law.

d. Is consistent with the intent and wording of the other provisions of this title.

Staff response: The amendments have been reviewed by the City Attorney and are deemed consistent with the intent and wording of the other provisions of this title.

21.95.010 Initiating a code amendment.

Staff response: A member of the City Council initiated the code amendment per 21.95.010(a).

21.95.030 Restriction on repeating failed amendment proposals.

             Staff response: This section of code is found to be not applicable.

Recommendation:

Adopt Draft Ordinance 17-07(S)

Att.

Homer Advisory Planning Commission minutes of February 15, 2017

Staff Report PL 17-16