CITY OF HOMER

HOMER, ALASKA

Shadle

ORDINANCE 06-11



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).

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 C Vern & Bernadine Mutch 1981 Deed of REcrod Boundary Survey KPB # 175-082-3200; 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

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





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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 Homer Comprehensive Plan, Chapter 1., B. Business/Commercial Land Use addressed the Central Business District (CBD) and was updated with the 1999 Comprehensive Plan Update and included new goals, objectives and action items:

A. Guide growth in areas planned or zoned CBD to provide a centrally located business/commercial area and focal point for the community. (Previously Objective 1.)

1. (Action item 1.) Assess the efforts that could be undertaken by the City to keep major business activies in the CBD.

2. (Action item 4.) Through the zoning, platting and construction processes, ensure that sidewalks and streetlights are constructed and pedestrian corridors are planned during the subdivision process, including eliminating aerial utilities.

3. (Action item 7.) The City shall work with private business and property owners to insure that the unique cultural identity of locally owned and developed small business is not lost to national marketing and branding identities.

B. The City shall encourage infilling of the area planned and zoned as CBD prior to contemplating enlarging the zoning district. (Previously Objective 2.)

WHEREAS, Previously the Comprehensive plan stated:

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.

2. 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.

3. Develop streets and utilities within the CBD.

4. Explore ways to pursue attracting private investment into vacant buildings in the CBD.

5. Promote a safe, attractive, and easily accessible business/commercial core for pedestrian and vehicular visitors and residents.

6. The City shall use existing ordinances to encourage tourists and others to use the central business/commercial core.

7. Install park benches and pocket parks for pedestrians along Pioneer Avenue and the Homer Bypass.

8. 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

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City of Homer

9. Cooperate with the business community on beautification efforts in the business/commercial core, such as holiday decorations and summertime banners on Pioneer Avenue.

10. Assess the efforts which could be undertake by the City to keep major business activities in the CBD.

11. The City shall improve pedestrian access to and through the commercial/business area.

12. Development of the business/commercial core shall be coordinated jointly between the City, State, Private property owners and merchants.

13. After examination of the building and development process, the City shall amend the Ordinances necessary to expedite the develop process for all involved.

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 the Comprehensive Plan and Update have already been implemented in this proposed rezone area.

NOW, THEREFORE, THE CITY OF HOMER ORDAINS:

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. Map and Exhibit B. legal descriptions. (attached to this document)

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

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City of Homer

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 B. Legal Descriptions Page 1 of 2

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 B. Page 2 of 2

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)

Nathan and Carolyn Bagley Tract C. Vern Mutch 1981 Deed of Record Boundary Survey 175-082-3200