CITY OF HOMER
HOMER, ALASKA
City Manager/Planning Commission
ORDINANCE 05 -07
AN ORDINANCE OF THE CITY COUNCIL AMENDING THE HOMER CITY ZONING MAP, HCC 21.36, REZONING FROM CENTRAL BUSINESS DISTRICT AND MARINE INDUSTRIAL DISTRICT TO CONSERVATION DISTRICT, THOSE PROPERTIES ACQUIRED THROUGH THE ACTION OF THE EXXON VALDEZ OIL SPILL TRUSTEE COUNCIL, THE CITY OF HOMER, THE TRUST FOR PUBLIC LAND, AND THE STATE OF ALASKA.
WHEREAS, Homer City Code 21.36, Zoning Districts and Zoning Map, 21.36.010 Zoning districts. (a) states in part, "The municipal district of the city is further divided in zoning districts and within each district only certain uses and standards are allowed."; and
WHEREAS, Homer City Code 21.36.010 Zoning districts. (b) states, "The zoning district boundaries shall be shown on the Homer Zoning Map."; and
WHEREAS, HCC 21.36.020 Zoning map (c) states in part, "Amendments shall be immediately added to the official zoning map with a notation of the date of enactment by the City Council."; and
WHEREAS, in December of 1999 the Homer City Council adopted Chapter 21.58 Conservation District specifically for those "public lands which have been identified as habitat, critical to the maintenance of fish and wildlife resources, by the state or federal agencies or the City of Homer.;" and
WHEREAS, the City of Homer with the assistance of the Kachemak Heritage Land Trust has recorded Conservation Easements on certain properties, thereby meeting the requirements of the Homer City Code 21.58 Conservation District; and
WHEREAS, the Commission considered the recommendations of the Homer Comprehensive Plan and Homer Comprehensive Plan Update; and
WHEREAS, the 1999 Homer Comprehensive Plan Update, Homer Spit Plan states:
"Manage the land and other resources of the spit to accommodate its natural processes, while allowing fishing, tourism, other marine related development, and open space/recreation uses.;"
and
WHEREAS, the 1999 Homer Comprehensive Plan Update, Homer Spit Plan states in part: "Provide for public safety while achieving a balanced mix of water-dependent and marine-related activities on the Homer Spit; Priority use for the Mud Bay area of the Homer Spit shall be for conservation;" and
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WHEREAS, 1999 Homer Comprehensive Plan Update, Economy section states: "Year round tourism will be emphasized"; and
WHEREAS, expanded opportunity for marine science educational activities will enhance the quality of life for Homer residents; and
WHEREAS, conservation of bird habitat protects the tourism segment of the economy drawn to Homer by the Shorebird Festival; and
WHEREAS, the Commission held a public hearing on the proposed rezone ordinance on December 1, 2004; and
WHEREAS, the Commission carefully reviewed and considered all comments provided on the proposed ordinance.
NOW, THEREFORE, THE CITY OF HOMER HEREBY ORDAINS:
Section 1. HCC Section 21.36.010 Official Zoning Map is hereby amended per provisions of sections (b) through (c) to include the following change from Central Business District and Marine Industrial District to Conservation District as specifically described below and as reflected in Exhibit A and Exhibit B .
(1). "The Northwest quarter of the Southeast quarter of Section 20, Township 6 South, Range 13 West, Seward Meridian, Alaska, save and EXCEPT that portion of land lying East of the Homer Spit Road in its present location and further excepting that portion deeded to State of Alaska, Department of Highways in deed recorded in Book 75, Page 67 and further EXCEPTING THEREFROM that portion deeded to State of Alaska, Department of Transportation and Public Facilities in deed recorded in Book 264 at Page 326." Exhibit A
(2). "Tract A, of Retracement and Subdivision of Tract A, Walter Dufour Property, according to Plat No. 63-660 in the Homer Recording District, Third Judicial District, State of Alaska." Exhibit B
(3.) "Lot One (1) of Retracement and Subdivision of Tract A, Walter Dufour Property, according to Plat No. 63-660 in the Homer Recording District, Third Judicial District, State of Alaska." Exhibit B
(4.) "Tract B, Walter Dufour Tract B, according to Plat No. 77-55, in the Homer Recording District, Third Judicial District, State of Alaska." Exhibit B
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(5.) "Government Lot Three (3), Section 27, Township 6 Sough, Range 13 West, Seward Meridian, in the Homer Recording District, Third Judicial District, State of Alaska; EXCEPTING THEREFROM, those portions deeded to the State of Alaska by Deeds recorded January 3, 1966 in Volume 39 at Page 299. Exhibit B
(6.) "Government Lot Five (5), in Section 27, Township 6 South, Range 13 West, Seward Meridian, in the Homer Recording District, Third Judicial District, State of Alaska; EXCEPTING THEREFROM, those portions deeded to the State of Alaska by Deeds recorded January 3, 1966, in Volume 39 at Page 291. Exhibit B
(7.) "Lot Six (6) Section 27, Township 6 South, Range 13 West, Seward Meridian, in the Homer Recording District, Third Judicial District, State of Alaska, lying East of the Homer Spit Road right-of-way line, and EXCEPTING that portion lying within Plat 77-55." Exhibit B
(8.) "Lot Six B (6B) of Louie's Lagoon, a replat of Government Lot 6, Section 27 and Government Lot 1, Section 26, according to Plat No. 2001-8 in the Homer Recording District, Third Judicial District, State of Alaska." Exhibit B
(9.) "Lots Seven (7) and Eight (8), Section 27, Township 6 South, Range 13 West, Seward Meridian, in the Homer Recording District, Third Judicial District, State of Alaska." Exhibit B
(10.) "Lot Nine (9), Section 27, Township 6 South, Range 13 West, Seward Meridian, lying East of the Homer Spit Road right-of-way line, in the Homer Recording District, Third Judicial District, State of Alaska." Exhbit B
Section 2. This is a non code ordinance and is of a permanent nature.
ENACTED BY THE CITY COUNCIL OF THE CITY OF HOMER, ALASKA, this __________ day of ______________________, 2005.
CITY OF HOMER
_______________________________
JAMES C. HORNADAY, MAYOR
Reviewed and approved as to form:
_____________________________ ___________________________
Walt E. Wrede, City Manager Gordon J Tans, City Attorney
Date: Date:
Fiscal Note: NA