Ordinance 14-32 Amending Duties and Powers of the Planning Commission Regarding Subdivisions and Records of Commission Action

CITY OF HOMER
HOMER, ALASKA

City Manager

ORDINANCE 14-32

AN ORDINANCE OF THE CITY COUNCIL OF HOMER, ALASKA, AMENDING HOMER CITY CODE 2.72.030(b) REGARDING THE DUTIES AND POWERS OF THE HOMER ADVISORY PLANNING COMMISSION RELATED TO SUBDIVISIONS, AND AMENDING HOMER CITY CODE 2.72.060 REGARDING THE COMMISSION’S MEETING SCHEDULE AND DELETING THE REQUIREMENT TO PROVIDE RECORDS OF COMMISSION ACTION TO THE COUNCIL.

WHEREAS, The platting power within the City is exercised by the Kenai Peninsula Borough.

WHEREAS, Kenai Peninsula Borough Code 20.25.050 provides for the Homer Advisory Planning Commission (“Commission”) to review and comment on all proposed vacations, abbreviated subdivision plats, subdivision plat waivers, and preliminary plats of land within the City.

WHEREAS, The language of HCC 2.72.030(b) regarding the duties of the Commission related to platting and subdivisions is inconsistent with Kenai Peninsula Borough Code 20.25.050, and should be amended to conform to the latter provision.

WHEREAS, HCC 2.72.060 should be updated to conform to the Commission’s current meeting schedule, and the requirement in HCC 2.72.060 that every decision or finding of the Commission shall be directed to the City Council at the earliest possible date should be deleted as redundant and wasteful of limited City resources.

NOW, THEREFORE, THE CITY OF HOMER ORDAINS:

Section 1.  Subsection (b) of Homer City Code 2.72.030, Duties and powers, is amended to read as follows:

The Commission shall be required to do the following:

b.           Review and comment on all proposed vacations, abbreviated subdivision plats, subdivision plat waivers, and preliminary plats of land within the City before their submittal to the Kenai Peninsula Borough, as provided in Kenai Peninsula Borough Code 20.25.050 Exercise control over platting and subdivision of lots, blocks or lands within the City limits. All proposed plans, plats or replats of lots, blocks or lands within the City limits, and all streets, alleys and other portions of the same intended to be dedicated to public or private use, or vacated within the corporate limits, shall first be submitted to the Commission for its approval or rejection before such plans, plats or replats shall be submitted to the Borough Planning and Zoning Commission for final approval and recordation. Unless the City Council shall disapprove the action of the Commission within 20 days, its decision shall be final. If the Commission has approved any plan, plat or replat, and the City Council has not, within 20 days, disapproved this action, the Commission, through its Chairman, shall endorse its approval on the plan, plat or replat, and the owner thereof may then offer it to the Borough Planning and Zoning Commission for final approval;

Section 2.  Homer City Code 2.72.060, Record of proceedings, is amended to read as follows:

2.72.060 Record of proceedings. The Commission shall meet regularly twice a month, There shall be a regular monthly meeting of the Commission, and permanent records or minutes shall be kept of Commission proceedings, and such minutes shall record the vote of each member upon every question. Every decision or finding shall immediately be filed in the office of the City Clerk, and shall be a public record open to inspection by any person. Every decision or finding shall be directed to the City Council at the earliest possible date.

Section 3.  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 August 2014.

CITY OF HOMER

______________________
MARY E. WYTHE, MAYOR

ATTEST:

____________________________

JO JOHNSON, MMC, CITY CLERK

AYES:

NOES:

ABSTAIN:

ABSENT:

First Reading:

Public Reading:

Second Reading:

Effective Date:

Reviewed and approved as to form:

                                                                                                                                                                                                  
Walt Wrede, City Manager                                                                 Thomas F. Klinkner, City Attorney

Date: _________________________                                                            Date: _________________________