MEMORANDUM 06-44

TO: MAYOR HORNADAY AND CITY COUNCIL

FROM: DENNIS NOVAK, COUNCILMEMBER

DATE: MARCH 8, 2006

SUBJECT: Ordinance 06-20, Of the City Council of the City of Homer, Alaska Amending Homer City Zoning Map to Rezone to Central Business District (CBD), Portions of Rural Residential (RR) and Portions of Urban Residential (UR) Zoning Districts fronting on the Sterling Highway West Hill Area to the South West Boundary of the Central Business District (CBD).

Discussions with City Planners in different parts of the Country reveals on common fact. Growth and changes resulting from growth are regulated by that cities Comprehensive Plan. The Comprehensive Plan is a cities growth plan. Some cities go so far as to write ordinances as if they were going to court. Understanding that ordinances not consistant with the Comprehensive Plan will not stand up in court and are often challenged.

The point is that significant land use changes must be addressed in, and consistant with, the Comprehensive Plan. As a young and growing city I feel that many of us have ignored the significance of the Comprehensive Plan both from a legal point of view and as the cities growth plan.

Therefore, it is clear to me that an ordinance directing a significant land use changes should, and would, come from, and be written by, the planning staff tasked with updating our comprehensive growth plan. Through staff efforts, reports, and research we will not only get an ordinance that is consistant with, and supported by, the Comprehensive Plan, but also one that will stand up in court if necessary.

Direction has been given in a joint City Council / Planning Commission meeting, and finally by Resolution 06-19. Additional comments have been made in Memorandum 06-32 by Dennis Novak and in Memorandum 06- by Beth McKibben. Having been given direction by the City Council, when the staff finishes writing a rezoning ordinance for the area defined in the subject ordinance above, IT SHOULD BE AN OUT GROWTH OF THE COMPREHENSIVE PLAN REVISION PROCESS. This will result in a smoother less political process by planning staff who have familiarity and experience with Comprehensive Plans, land use maps, zoning maps, and how these tools are used together to allow for growth and to maintain and improve the quality of life in a community.

Ordinance 06-20 does not conform with the process stated above and should not be introduced.

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