CITY OF HOMER
HOMER, ALASKA
City Manager
Planning
Commission
ORDINANCE
05-29(A)
AN ORDINANCE OF THE CITY COUNCIL OF HOMER,
ALASKA AMENDING HOMER CITY CODE SECTION 21.59.070 CONCERNING IMPERVIOUS
COVERAGE ALLOWANCES IN THE BRIDGE CREEK WATERSHED PROTECTION DISTRICT.
THE
CITY OF HOMER ORDAINS:
Section 1. Homer
City Code 21.59.070 is hereby amended to read as follows:
21.59.070 Requirements.
The following requirements shall apply to all uses in the BCWP District unless
more stringent requirements are otherwise provided for in Chapter 21.61
Conditional Use Permits:
a. Impervious Coverage.
1.Unless reduced under
HCC 21.59.070 c. 1., parcels subdivided after February 25, 2003 and parcels Lots two and 1/2 acres and larger shall have
a maximum total Coverage of 4.2 percent.
2. All parcels{smaller than two acres in
area} shall have a total Coverage of 4.2% or less, except that
these parcels may contain Coverage up to 6.4 percent if the owner or owner's
representative submits a mitigation plan for Planning Commission approval, and,
if approved, thereafter implements and continuously complies with the approved
plan. The mitigation plan must be designed to mitigate the effect of impervious
Coverage on water flow and the effect of loss of vegetation created by the
impervious Coverage.
2. Lots smaller than two and 1/2 acres shall
have a maximum total impervious coverage of 4.2 percent, except these parcels
may be allowed coverage up to 6.4 percent if the owner or owner’s
representative submits a lot specific mitigation plan for Planning Commission’s
approval, and if approved, thereafter implements and continuously complies with
the approved plan. The mitigation plan
must be designed to mitigate the effect of impervious coverage on water flow
and the effect of loss of vegetation created by the impervious coverage.
b. Parcel Size. Impervious coverage calculations.
Page Two
Ordinance 05-29(A)
City of Homer
1. Except as provided in subparagraph 2., the minimum area of any
parcel shall be 4.5 acres. For the purpose of calculating impervious
coverage, driveways and walkways may be partially or fully excluded from the
calculation if constructed and maintained in accordance with a mitigation plan
approved by the Planning Commission. For
the purpose of calculating impervious coverage on lots smaller than two and 1/2
acres, driveways and walkways may be partially or fully excluded from the
calculation, if constructed and maintained in accordance with a mitigation
plan, submitted and approved in accordance with HCC 21.59.070(a)(2).
2. Parcels of less than
4.5 acres existing prior to February 25, 2003 as a result of an instrument
recorded or a plat finally approved before that date may be used in any way
that otherwise complies with this chapter and other applicable laws.
c. New Subdivisions.
1. 2. Except as otherwise
provided in this section, parcels of land subdivided after February 25, 2003
shall be allowed a total Coverage of 4.2 percent including Right-Of-Way (ROW)
dedication. ROW Coverage area shall be calculated as 50% of the total area of
the dedicated ROW. The Coverage allowed for the subdivided parcels shall be
calculated after deducting the ROW Coverage from the total parcel allowance
according to the following formula.
Formula:
(Area of Parcel being
subdivided) x .042 = Total Allowed Coverage (TAC)
(Area of ROW dedication) x
.5 = ROW Coverage (ROW C)
(TAC) - (ROW C) = Allowed
Coverage for remainder of parcel being subdivided
(Area of Parcel being
subdivided) - (area of ROW dedication) = New Parcel area
(Allowed Coverage for
remainder)÷
(New Parcel area) x 100 = Percent Coverage allowed on subdivided parcels
lots.
c.
Additional requirements for subdivisions and lots.
Page Three
Ordinance 05-29(A)
City of Homer
1.
Lots subdivided after February 25, 2003 shall be a minimum of 4.5 acres.
2. Subdivisions,
dedications, and vacations of easements and right-of-ways in the BCWP District
must be approved by the City of Homer Advisory Planning Commission prior to
submission to the Kenai Peninsula Borough.
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 HOMER, ALASKA THIS day of , 2005.
CITY OF HOMER
JAMES C. HORNADAY, MAYOR
ATTEST:
MARY
L. CALHOUN, CMC, CITY CLERK
YES:
NO:
ABSTAIN:
ABSENT:
First
Reading:
Public
Hearing:
Second
Reading:
Effective
Date:
Reviewed
and Approved as to form and content:
Walt
E. Wrede, City Manager Gordon J. Tans, City Attorney
Date: Date:
Fiscal
Note:NA