CITY OF HOMER
HOMER, ALASKA
Shadle
ORDINANCE 06-05
AN ORDINANCE 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), AND TO REZONE TO CENTRAL BUSINESS DISTRICT (CBD)PORTIONS OF RURAL RESIDENTIAL (RR), URBAN RESIDENTIAL (UR) AND RESIDENTIAL OFFICE (RO) ZONING DISTRICTS FRONTING EAST END ROAD IN THE EAST HILL AREA.
WHEREAS, There was an application to the City for a rezone to Central Business District of portions of
the Rural Residential and Urban Residential Zoning Districts, twenty lots, in 2005; and
WHEREAS, This new proposal adds to additional lots of property owners in Bayberry Hollow, who
have indicated their desire to be rezoned as Central Business District; and
WHEREAS, The lots fronting the Sterling Highway on the north side of the road are: Lots 1 and 2 of
Lillian Walli Estate Bayberry Hollow Addition KPB #s175-241-8200 and 8300, Lillian Wallie Estate No.
2 Tracts A-1 and B-1, KPB #s 175-241-9300 and 9400, Marley Dell Subdivision Lot 1 exception portion
per ROW Dedicated by Foothills Subdivision Unit 1 KPB # 175-100-1900, Homer JW Replat Lots 1A
and 1B KPB #s 175-100-7300 and 7400, and Metes and Bounds description for KPB # 175-100-0700,
Foothills Subdivision Unit 1 Lot 2 KPB # 175-102-0100, Forest Glen Subdivision Unit 1 Block 1, Lots 1,
2 and 3 KPB #s 175-260-0900, 1000, and 1100 and Forest Glen Subdivision Unit 1 Block 2 Lot 2 KPB #
175-260-0100; and
WHEREAS, The lots fronting the Sterling Highway on the south side of the road are: Government Lot 4
KPB # 175-082-3300, Yukon View Subdivision Lot 1, KPB #175-100-5200, Government Lot 3
excluding Yukon View Subdivision KPB # 175-100-5300, Bluff Park No. 5 Lots 4A and 3A, KPB #
175-100-7200 and 175-100-7100, Bluff Park Subdivision No. 4 Lots 1, 2, and 5 KPB #s 175-100-3300,
3400, 3700 and Tract 2 David L,. Bear 1954 Boundary Survey KPB # 175-082-3400; and
WHEREAS, The Planning Commission held a public hearing on June 15, 2005 and held lengthy
discussions on the proposed rezone with a general sentiment of the Commission that this area is special;
and
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Ordinance 06-05
City of Homer
WHEREAS, The Planning Commission discussion included the potential development of a "Scenic
Gateway" overlay district, or potentially a new type of commercial district, possibly with an emphasis on
tourism; and
WHEREAS, Memorandum 05-144 was presented to the City Council on August 22, 2005 and no action was taken by the City Council; and
WHEREAS, Property owners are interested in extending the Central Business District and the uses are
compatible with the Central Business District.
WHEREAS, The lots fronting the East End Road on the north side to be rezoned as Central Business
District are: Rosebud Subdivision lots 02 and 03 KPB #s 179-050-0200 and 0300, Hugh Watson Record
of Survey KPB # 179-030-1300, Mutch Gangle Tracts Neptune Addition Lots 1, 2 and 5 KPB #s
175-030-6200, 6300 and 6600; and
WHEREAS, The lots fronting the East End Road on the south side to be rezoned as Central Business
District are: Metes and Bound Legal Descriptions KPB #s175-030-1700, 1800, 2100 and 2700; and
WHEREAS, The Homer Comprehensive Plan, Chapter 1., B. Business/Commercial Land Use addresses
the Central Business District (CBD); and
WHEREAS, Objective 1. Guide growth and development in areas planned or zoned CBD to provide a
centrally located business/commercial area and focal point for the community; and
WHEREAS, Policy 1.1 The City shall encourage a mix of business/commercial and public/governmental
activities in areas zoned or planned as CBD; and
WHEREAS, Action 1.1.1 Implement and enforce the zoning, parking, animal control, sign and
subdivision ordinances, and the Planning Commission grant conditional use permits (CUPs), variances and
rezones consistent with the policy; and
WHEREAS, Objective 2, The City shall encourage infilling of the area planned and zoned as CBD prior
to contemplating enlarging the zoning district; and
WHEREAS, Policy 2.1, Attract private investment into vacant buildings and land in the
business/commercial core, while maintaining and enhance the many positive natural feature of the area;
and
WHEREAS, Action 2.1.1, Develop streets and utilities within the CBD; and
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Ordinance 06-05
City of Homer
WHEREAS, Action 2.1.2, Explore ways to pursue attracting private investment into vacant buildings in
the CBD; and
WHEREAS, Objective 3, Promote a safe, attractive, and easily accessible business/commercial core for
pedestrian and vehicular visitors and residents; and
WHEREAS, Policy 3.1, The City shall use existing ordinances to encourage tourists and others to use
the central business/commercial core; and
WHEREAS, Action 3.1.1, Install park benches and pocket parks for pedestrians along Pioneer Avenue
and the Homer Bypass; and
WHEREAS, Action 3.1.2, Examine the feasibility of a program of tax breaks or other incentives to
encourage core business/commercial merchants and property owners to accommodate public uses such
as parking, pedestrian walkways, or pocket parks on their property; and
WHEREAS, Action 3.1.3, Cooperate with the business community on beautification efforts in the
business/commercial core, such as holiday decorations and summertime banners on Pioneer Avenue; and
WHEREAS, Action 3.1.4, Assess the efforts which could be undertake by the City to keep major
business activities in the CBD; and
WHEREAS, Policy 3.2, The City shall improve pedestrian access to and through the
commercial/business area; and
WHEREAS, Policy 4.2, Development of the business/commercial core shall be coordinated jointly
between the City, State, Private property owners and merchants; and
WHEREAS, Action 4.2.2, After examination of the building and development process, the City shall
amend the Ordinances necessary to expedite the develop process for all involved; and
WHEREAS, Extending the Central Business District West of the current CBD boundary and in the East
Hill/East End Road area is complementary to the Comprehensive Plan and the City Code; and
WHEREAS, Many of the Objectives, Policies and Actions of Chapter 1. B. of the Comprehensive Plan have already been implemented in these proposed rezone areas.
NOW, THEREFORE, THE CITY OF HOMER ORDAINS:
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Ordinance 06-05
City of Homer
Section 1. The Homer City Zoning Map be amended to rezone portions of Rural Residential land Urban
Residential Zoning Districts to Central Business District as depicted in Exhibit A. and B. Maps and
Exhibit C. legal descriptions.
Section 2. The City Clerk is authorized to sign the map and adhere to the requirements as set forth in
Homer City Code Section 21.36.020(c); and
Section 3. This Ordinance is of a permanent nature and is a non code Ordinance.
ENACTED by the City Council of the City of Homer, Alaska this _________ day of __________, 2006.
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
Exhibit C. Legal Descriptions Page 1 of 5:
Lots fronting Sterling Highway on the north side of the road are:
| Owner of Record | Legal Description | Kenai Peninsula Borough Parcel Number |
| Christopher L. and Tiffanie R. Story | Lillian Walli Estate Bayberry Hollow Addition Lot 1 | 175-241-8200 |
| Richard D. Synhorst | Lillian Walli Estate Bayberry Hollow Addition Lot 2 | 175-241-8300 |
| Beachy Construction Inc. and HABCO Marketing Corporation | Lillian Walli Estate No. 2 Tract A-1 | 175-241-9300 |
| Faith Lutheran Church | Lillian Walli Estate No. 2
Tract B-1 |
175-241-9400 |
| John and Viola Hansen | Marley - dell Sub Lot 1 except that portion per ROW Dedicated by Foothills Sub Unit 1 | 175-100-1900 |
| Homer Congregation of Jehovah's Witnesses | Homer JW Replat 2003 Lot 1A | 175-100-7300 |
| John V. A. and Joyce E. Williams | Homer JW Replat 2003 Lot 1B | 175-100-7400 |
| Pat W. Miller | HM T06S R13W S19 Porition SE 1/4 SE 1/4 NW 1/4 | 175-100-0700 |
| John and Viola M. Hansen | Foothills Subdivision Unit 1 Lot 2 | 175-102-0100 |
| Homer Independent Baptist Church | Forest Glen Subdivision Unit1 Block 1 Lots 1, 2 and 3 | 175-260-0900
175-260-1000 175-260-1100 |
| Gary C. and Judith A. Hinkle | Forest Glen Subdivision Unit1 Block 2 Lot 1 | 175-260-0100 |
Exhibit C. Page 2 of 5
Lots fronting the Sterling Highway on the south side of the road
| Owner of Record | Legal Description | Kenai Peninsula Borough Parcel Number |
| Judith Ann Marley/Donald P Nellis and Richard J. Smith | Government Lot 4 | 175-082-3300 |
| Peg J. Morgan | Yukon View Subdivision Lot 1 | 75-100-5200 |
| Donald P Nellis and Richard J. Smith/Judith Ann Marley | Government Lot 3 Excluding Yukon View Subdivision | 175-100-5300 |
| Paul R. Porter | Bluff Park Subdivision No. 5 Lot 4A | 175-100-7200 |
| Jane Maria Pascall | Bluff Park Subdivision No. 5 Lot 3A | 175-100-7100 |
| The Episcopal Diocese of Alaska | Bluff Park Subdivision No. 4 Lot 1 | 175-100-3300 |
| Twin Peaks Construction | Bluff Park Subdivision No. 4 Lot 2 | 175-100-3400 |
| Porter Construction, LLC (new listing not available on 02/03/06) | Bluff Park Subdivision No. 4 Lot 5 (New description not available on 02/03/06) | 175-100-3700
(New Parcel Number not available on 02-03-06) |
| Alaska Department of Transportation and Public Facilities | Tract 2 David L. Bear 1954 Boundary Survey | 175-082-3400 |
Exhibit C. Page 3 of 5
Lots fronting the East End Road on the north side.
| Owner of Record | Legal Description | Kenai Peninsula Borough Parcel Number |
| Alfonso and Susan Lamendola | Rosebud Subdivision Lot 03 | 179-050-0200 |
| Alfonso Lamendola | Rosebud Subdivision Lot 02 excluding DOT ROW | 179-050-0300 |
| Vicki E. Rentmeester (New Name not available 02/03/06) | Hugh Watson Record of Survey Excluding DOT ROW (New Legal Description not available 02/03/06) | 179-030-1300 (New parcel number not available 02/03/06) |
| Vicki E. Rentmeester (New Name not available 02/03/06) | Mutch Gangle Tracts Neptune Addition Lot 1 (New Legal Description not available 02/03/06) | 179-030-6200 (New parcel number not available 02/03/06) |
| Moore and Moore Services Inc. | Mutch Gangle Tracts Neptune Addition Lot 2 | 179-030-6300 |
| D L Blackwell | Mutch Gangle Tracts Neptune Addition Lot 5 | 179-030-6600 |
Exhibit C. Page 4 of 5
Lots fronting the East End Road on the south side:
| Owner of Record | Legal Description | Kenai Peninsula Borough Parcel Number |
| Barbara J. Keys | HM T06S R13W S16 THAT
PORTION OF THE E1/2 SW1/4
BEGINNING AT SOUTHWEST
1/16 CORNER OF SEC 16 TH N
0 DEG 19 MIN 2 6.04 FT TO
THE POB TH N 56 DEG 17 MIN
30 SEC EAST ALONG
CENTERLINE OF HOMER
EAST RD 200 FT TH S 0 DEG
54 MIN E 306 FT TH S 88 D |
179-030-1700 |
| Kenai Peninsula Borough School District | HM T06S R13W S16 COMMENCING AT THE S1/4 CORNER COMMON TO SEC 16 & 21 PROCEED N 0 DEG 13 MIN 20 SEC W 1448.35 FT TH WEST 714.79 FT TH N 0 DEG 13 MIN 20 SEC W 233.49 FT TO THE SOUTH BOUNDARY OF THE HOMER EAST RD TH CONTINUE N 0 DEG 13 MIN 20 | 179-030-1800 |
Exhibit C. Page 5 of 5
Lots fronting the East End Road on the south side continued.
| Owner of Record | Legal Description | Kenai Peninsula Borough Parcel Number |
| Helen M. Cahill | HM T06S R13W S16 BEGINNING AT THE S1/4 CORNER COMMON TO SEC 16 & 21 PROCEED N 0 DEG 13 MIN 20 SEC W 1448.35 FT TO THE POB TH WEST 714.79 FT TH N 0 DEG 13 MIN 20 SEC 2 269.14 FT TO THE CENTERLINE OF HOMER EAST RD TH ALONG SAID CENTERLINE 208 | 179-030-2100 |
| Mary C. Caterinichio | HM T06S R13W S16 BEGINNING AT THE 1/4 CORNER COMMON TO SEC 16 & 21 TH PROCEED N 0 DEG 13 MIN 20 SEC W 1448.35 FT TH WEST 714.79 FT TH N 0 DEG 13 MIN 20 SEC W 233.49 FT TH N 57 DEG 17 MIN 30 SEC E 208 FT TO THE POB TH CONTINUE N 57 DEG 17 MI | 179-030-2700 |