Ordinance 14-08 Amending HCC 21.71.050(d) to Permit Four Instead of Five Planning Commissioners to Approve a Conditional Use

CITY OF HOMER

HOMER, ALASKA

City Manager/Planning

ORDINANCE 14-08

AN ORDINANCE OF THE CITY COUNCIL OF HOMER, ALASKA, AMENDING HOMER CITY CODE 21.71.050(d), “COMMISSION HEARING AND PROCEDURES”, TO PERMIT FOUR INSTEAD OF FIVE MEMBERS OF THE HOMER ADVISORY PLANNING COMMISSION TO APPROVE A CONDITIONAL USE UNDER THE HOMER CITY CODE.

WHEREAS, The Homer Advisory Planning Commission (“Commission”) is comprised of appointed members who cannot all attend every Commission meeting despite the best efforts of each of the Commission members; and

WHEREAS, Requiring a supermajority to approve all conditional use permits interferes with the Commission’s ability to conduct hearings and issue decisions on conditional use permits since a supermajority is not always present at each Commission meeting; and

WHEREAS, It is in the City’s best interest to expand the Commission’s authority to approve a conditional use permit with four members, which is a majority of the Commission, rather than a supermajority, which is five members.

THE CITY OF HOMER HEREBY ORDAINS:

Section 1.  Homer City Code 21.71.050(d) is amended to read as follows:

 (d) Approval of the conditional use shall require the affirmative vote of five four members of the Commission.

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 ______________, 2014.

                                                                                                         CITY OF HOMER

                                                                                                         _______________________

                                                                                                         MARY E. WYTHE, MAYOR

ATTEST:

______________________________

JO JOHNSON, MMC, CITY CLERK

YES:

NO:

ABSTAIN:

ABSENT:

First Reading:

Public Hearing:

Second Reading:

Effective Date: 

Reviewed and approved as to form:

________________________                                                            _____________________________

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

Date: ___________________                                                            Date: ________________________

Fiscal Note: N/A