CITY OF HOMER

HOMER, ALASKA

Heimbuch

RESOLUTION 05-90

A RESOLUTION OF THE HOMER CITY COUNCIL RESPECTFULLY ASKING THE KENAI PENINSULA BOROUGH ASSEMBLY TO DIRECT THE BOROUGH PLANNING/PLATTING AUTHORITY TO FULLY COMPLY WITH THE LAND SUBDIVISION RECOMMENDATIONS OF THE HOMER PLANNING COMMISSION.

WHEREAS, The City of Homer is a first class city in the state of Alaska; and

WHEREAS, Development in the City is continuing at a rapid pace, and city planning for rational long term development is a complex public process in which the residents of Homer have invested considerable time and energy; and

WHEREAS, The authority for land subdivision approval in the city of Homer is currently vested in the Kenai Peninsula Borough Planning Commission; and

WHEREAS, The City of Homer is moving to assume that authority in order promote maximum self determination in long term planning, and the development of a city department and hiring qualified people to implement that authority will take some time; and

WHEREAS, Planning and Zoning recommendations in the City of Homer will continue to flow from the Homer Advisory Planning Commission whose determinations are currently used by the Kenai Peninsula Borough in Homer area subdivision approval; and

WHEREAS, There are no apparent reasons for the Borough to go against legally sound recommendations for land use in the city of Homer that arise from public process facilitated by the city of Homer Advisory Planning Commission; and

WHEREAS, The City of Homer strongly desires to be guided exclusively by local determination in land use planning from this time forward.

NOW, THEREFORE, BE IT RESOLVED, that the Homer City Council respectfully asks the Kenai Peninsula Borough Assembly to direct the Borough Planning/Platting authority to fully comply with the land subdivision recommendations of the Homer Advisory Planning Commission as approved by the Homer City Council, for all property lying within City boundaries as of this date, and that prior to Homer assuming local platting authority from the Borough; and

Page Two

Resolution 05-90

City of Homer

BE IT FURTHER RESOLVED, that the Homer City Council respectfully asks the Kenai Peninsula Borough to provide a legal opinion for any borough land use decision which runs counter to local planning and zoning recommendations for property use in the City of Homer, and that the basis for that opinion must be a factual finding of non-compliance with either Alaska state law or the City of Homer's own City Code.

PASSED and ADOPTED by the Homer City Council on this 12th day of September, 2005.

CITY OF HOMER

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ATTEST: JAMES C. HORNADAY, MAYOR

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MARY L. CALHOUN, CMC, CITY CLERK

Fiscal Note: NA