CITY OF HOMER                                                             

                                                             HOMER, ALASKA

City Manager/City Planner                                     

 

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ORDINANCE 08-60

 

 

AN ORDINANCE OF THE HOMER CITY COUNCIL, AMENDING HOMER CITY CODE CHAPTER 21.71 TO INCLUDE THE COMMUNITY DESIGN MANUAL AS PART OF THE REVIEW CRITERIA FOR A CONDITIONAL USE PERMIT, AND CHAPTER 21.02 TO INCLUDE THE HOMER NON-MOTORIZED TRANSPORTATION AND TRAIL PLAN, THE HOMER TOWN CENTER DEVELOPMENT PLAN, AND THE HOMER TRANSPORTATION PLAN AS PARTS OF THE ADOPTED COMPREHENSIVE PLAN.

 

 

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            WHEREAS, Ordinance 08-29, the rewrite of Title 21, contained a few minor errors and omissions; and

 

            WHEREAS, Reference to the Community Design Manual was inadvertently deleted from consideration under Conditional Use Permits, and it is an important policy statement; and     

 

            WHEREAS, Three new plans have been adopted by the Kenai Peninsula Borough as part of the Homer Comprehensive Plan and the code should reflect these adopted plans.  

 

            NOW, THEREFORE, THE CITY OF HOMER ORDAINS:

 

            Section 1.  Homer City Code 21.71.030 Conditional Use Permits, Review Criteria, is hereby amended to read as follows:

 

            21.71.030  Review criteria.   The applicant must produce evidence sufficient to enable meaningful review of the application. Unless exceptions or other criteria are stated elsewhere in this code, the application will be reviewed under these criteria:

            a.         The applicable code authorizes each proposed use and structure by conditional use permit in that zoning district.

            b.         The proposed use(s) and structure(s) are compatible with the purpose of the zoning district in which the lot is located.

            c.         The value of the adjoining property will not be negatively affected greater than that anticipated from other permitted or conditionally permitted uses in this district.

            d.         The proposal is compatible with existing uses of surrounding land.

            e.         Public services and facilities are or will be, prior to occupancy, adequate to serve the proposed use and structure.

            f.          Considering harmony in scale, bulk, coverage and density, generation of traffic, the nature and intensity of the proposed use, and other relevant effects, the proposal will not cause undue harmful effect upon desirable neighborhood character.

            g.         The proposal will not be unduly detrimental to the health, safety or welfare of the surrounding area or the city as a whole.

            h.         The proposal does or will comply with the applicable regulations and conditions specified in this title for such use.

            i.          The proposal is not contrary to the applicable land use goals and objectives of the Comprehensive Plan.

            j.          The proposal will comply with all applicable provisions of the Community Design Manual, when applicable.

 

            Section 2.   HCC 21.020.010 (b) is hereby amended to read as follows:

 

                        21.02.010  Comprehensive Plan--Adoption.  a.            A comprehensive plan is a public declaration of policy statements, goals, standards and maps for guiding the      physical, social and economic development, both private and public, of the City.  As provided in Kenai Peninsula Borough Code of Ordinances ยง 21.01.025, from time to time the City Council shall recommend to the Kenai Peninsula Borough for adoption a Homer     Comprehensive Plan and amendments to that plan.   

            b.         The following documents, as initially approved and subsequently            amended, are adopted by reference as comprising the Homer Comprehensive Plan.

                        1.         Homer Comprehensive Plan (1990)

                        2.         Homer Comprehensive Plan Update (1999)

                        3.         Homer Master Roads and Streets Plan (1986)

                        4.         Homer Non-Motorized Transportation and Trail Plan (2004)

                        5.         Homer Area Transportation Plan (2005)

                        6.         Homer Town Center Development Plan (2006)

 

            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 8th  ________ day of December______________, 2008.



                                                                                    CITY OF HOMER

 

 

                                                                                    _____________________________

                                                                                    JAMES C. HORNADAY, MAYOR

 

ATTEST:


______________________________

JO JOHNSON, CMC, CITY CLERK

 

YES:

NO:

ABSTAIN:

ABSENT:

 

 

First Reading:

Public Hearing:

Second Reading:

Effective Date: 

 

 

Reviewed and approved as to form:

 

 

________________________                                    ____________________________

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

 

 

Date: ___________________                                     Date: _______________________