Updating Homer City Code for Open Space Protection
Please go to the City's Code Change Open House on Thursday November 6 at 6:00 at the College, and tell them we need to update our code.
Pre-Amble: Why is open space important to all of Homer?
• Seventy seven percent of a survey of Homer-area residents last year said that they wanted to "protect open public spaces within the city from development" --it is our # 3 priority-- and 74 percent said they want to "increase access to recreational opportunities"--it is our # 6 priority. These values are about quality of life and cut across political affiliation. As public servants, it is your duty to do the public's will.
• Open Spaces can provide recreational access & habitat enjoyed by all.
• Critical green infrastructure slows the flow of water that helps manage our significant water-related hazards including, flooding, landslides, bluff-erosion, ice and water on the roads, overflowing culverts, and septic system failure.
• Homer is a tourist town, and our economy turns on the ecological diversity, vitality and picturesque beauty of places like Mud Bay, Beluga slough, and the Beluga Wetlands, as well as our popular trail systems like the Homer Spit bike trail and Diamond Creek and Beluga Slough.
• Protected land increases the value of the lands around it--boosting City Revenues, also see here.
• Bird tourism is big money in Alaska and should not be overlooked as a key economic driver for Homer. Homer’s Shorebird Festival is Alaska’s largest wildlife viewing festival, and Mud Bay is designated as a Western Hemisphere Shorebird Reserve Network Site of International Importance, which means that at least 100,000 shorebirds annually return here.
• We do not expect much of an increase in population: protecting open spaces will not restrict growth but rather direct it to appropriate areas. Any protections can and should be offset by liberalized growth in other areas, eg. The Town Center.
Below are some suggested changes to code. Pick a few that speak to you. Learn more about them, and talk to decision-makers, friends and family.
Key Code Tweaks
• Expand the definition of “Standing” (HCC 21.93.050 Standing) to allow appeals to Planning Commission decisions to be brought by people outside the current 300 ft limit. This should be allowable when impacts of a development will be larger, such as hazards associated with flooding, traffic, erosion, road or property damage.
• Get rid of Planned Unit Developments (HCC Chapter 21.52 PUDs)—this little code loophole lifts the lid on all development restrictions, like hight and footprint, anywhere. This tool is confusing for the Planning Commission as it has little to no guidance on when it is appropriate and is a back door to allow for an unequal application of the law. It was used for the first time to allow mega-hotel at the base of the spit.
• Change the permitting process for large projects/projects in sensitive sites. These projects need more information and time for public participation/checklist; many of them need more restrictions and engineering to protect down-steam neighbors and the public. Think, for example, about the dense housing that went into the woods along the creek above KHLT's property. There should have been more setbacks around the creek and more time for public process.
• Require that developments of x size create a certain amount of park space and connectivity/walkability.
• Encourage Planning Staff and Planning Commission to make site visits before making decisions; Require that they make site visits on large-scale projects or projects in sensitive/technical sites.
•Create an annual “Know your Waterways” workshop for the Planning Commission and Planning staff, in collaboration with Kachemak Bay National Estuarine Research Reserve, Homer Soil and Water Conservation District, and Coastal Studies to support informed analysis of development impacts to surrounding properties. The Planning Commission has enormous almost unchecked power--they should be filled in on some of the ways developments can impact folks downstream.
• Expand language describing the kinds of conditions that can be placed on Conditional Use Permits (Homer City Code, 21.71.040 Approval of conditional use) to include measures maintaining riparian waterways, soil stability, woodlands, vegetation, wetland protection, and water quality.
• Set a backstop on the ability of the Planning Commission to rezone individual areas one-by-one toward more intensive uses, eg. From Rural Residential to General Commercial. Could use existing code on “variances” as a guide.
A Clear, Fill and Grade Permit to mitigate the hazards of landslides, flooding, and low water quality.
- A Clear, Fill and Grade Permit would be required for any removal of trees or vegetation and/or grading critical areas.
- Loss of permeable green space and poor drainage management comes at a cost to downstream property owners and the City. Mismanaged stormwater is a problem all over Homer and leads to flooding, ice, clogged drainages, septic system failures, costs associated and more.
Relevant Examples
- King County, Washington.
- Evergreen and deciduous trees uptake a lot of water in Alaska’s boreal forests. The primary source for tree water storage, whether it is rainfall or snowmelt, has consequences for watershed water balance and the connections between tree water use, storage, and drought stress.
Buffers around creeks, wetlands, and steep slopes.
- Vegetated buffer zones around creeks and wetlands provide areas where stormwater can permeate the soil and replenish the groundwater. They also slow the flow of stormwater, which helps to filter sediment, decrease soil erosion and prevent stream-bank and steep slope collapse, and the EPA identifies buffers as a “Stormwater Best Management Practice.”
- This is a simple management approach with local precedent, low implementation cost and clear guidance to planners and developers.
Relevant Data and Examples:
- The EPA has a model ordinance for instituting local buffer zones and many example ordinances for local governments are explored in the “Planner’s Guide to Wetland Buffers for Local Governments” by the Environmental Law Institute.
- The Kenai Peninsula Borough has buffers around all anadromous salmon waters.
- The Bridge Creek Watershed has buffers around creeks.
Modernize Zoning Code: Integrate Digital Mapping of Sensitive Environments
Use existing GIS layers so create Special Area Management around sensitive and hazard zones around landslide hazard areas, flood zones, wetlands, and primary waterways would work to achieve community land-use values by protecting people from hazards associated with landslides, flooding, septic system failure, low water-quality, and fire. Rezone some sensitive areas for Conservation.
GIS layers overlaying parcels need to be made publicly available to inform citizens, potential land buyers, staff, and commissions. Importantly, GIS layers allow for the addition of additional information as it is gathered, thereby keeping any regulations up-to-date.
Sensitive and Hazard Zones should be treated differently than other lands. They should:
- Be mapped in GIS overlays that are visible on all zoning maps and overlays on KPB Parcel Viewer.
- trigger the need for outside analysis and engineering (like current traffic analysis requirements)
- and/or have appropriate Site Development Standards, Platting Requirements, Stormwater Management Plans.
Relevant Data and Examples:
- The Stormwater Management Manual for Western Washington, which is standardized across most Western Washington counties, provides a model for the levels of consideration necessary for effective stormwater management for developments in sensitive areas.
- City of Homer Public Works Maps on water flow and drainages. Public Works has a lot of important data on flow, like expected future peak flow rate by basin, that should be integrated into the document and made available as GIS layers, overlaying parcels.
- DGGS Discharge Maps and the landslide hazard area around Bluff Point from the DGGS Report. GIS layers showing coastal and inland landslide hazards overlaying parcels need to be made publicly available to inform citizens, potential land buyers, staff, and commissions. The Bluff Point landslide hazard needs special attention and rules to protect residents and infrastructure to try to keep folks out of harms’ way.
- All existing walking and biking trails and sidewalks, as a basis for a requirement to maintain connectivity. While all this data does not currently exist in one place, it is important for the City to collect it and overlay it onto the permitting process, to ensure connections between our existing side-walks, bike paths, and foot paths.
- Aerial Imagery from the borough showing wooded areas. Wooded areas around creeks and drainages should not be allowed to be cut without a permit (see Cut Fill and Grade Permit above).
- Peatland Depth Maps. These maps showing peatland depths along Kachemak Drive are vital indicators of the volume of water held in the peatlands, their viability as building sites, and their potential to cause flooding along Kachemak Drive if filled.
- Wetland and water mapping, as it appeared in the 2018 Comp Plan. Available from Homer Soil and Water Conservation District. It is particularly relevant for zoning and permitting considerations.
- Conservation Lands Conserved by Kachemak Moose Habitat, Inc. and Kachemak Heritage Land Trust:: Available on the Kenai Peninsula Borough Parcel Viewer: https://geo.kpb.us. The City should be seeking to conserve and connect existing conservation lands.
- Parks that are available to the public, owned by the Kachemak Bay Equestrian Association and Stream Hill Park Homeowners Association. These are important recreation sites that should be incorporated into Recreational Access and walkability planning. Available on the Kenai Peninsula Borough Parcel Viewer: https://geo.kpb.us.
- Migratory Bird Habitat. A good tool for indicating shorebird habitat is data from E-bird.
Never forget, per serveys conducted last year, 77 percent of the public wants the City to do more to protect our environment!
While there is much more that could be done at the Borough and State level, the City of Homer is a good place to start. Our Council, Commissions, and Staff are all right here. Don't live in City Limits? That's ok! Just be prepared to say how what happens in the City affects you and how your tax dollars support the city.