CITY OF HOMER
HOMER, ALASKA
City Manager/Planning
ORDINANCE 06-51(S)(A)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HOMER, ALASKA, AMENDING HOMER CITY CODE TITLE 21 (ZONING) TO CREATE A NEW GATEWAY BUSINESS DISTRICT KNOWN AS CHAPTER 21.55 AND AMENDING THE ZONING MAP TO REZONE 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, the creation of a new zoning district in the area from West Hill to the CBD boundary is appropriately suitable for certain types of business and commercial development; and
WHEREAS, the property owners of the area have consistently expressed a unified voice in a general rezone of this area from primarily residential uses to more business related uses with an emphasis on the visitor industry; and
WHEREAS, the visitor industry is a primary economic engine in Homer, and
WHEREAS, minimizing traffic congestion and maintaining good traffic flows is a stated goal of the City of Homer; and
WHEREAS, a Gateway District had been discussed and researched since 2002, and
WHEREAS, Planning staff was directed by the Homer City Council to write an ordinance creating a zoning district defining commercial and residential use along the Sterling Highway.
NOW, THEREFORE, THE CITY OF HOMER ORDAINS:
Section 1. A new chapter HCC 21.55 is hereby added to the Homer City Code consisting of the following sections:
Chapter 21.55
GATEWAY BUSINESS DISTRICT
Sections:
21.55.010 Purpose.
21.55.020 Permitted uses and structures.
21.55.030 Conditional uses and structures.
21.55.040 Dimensional requirements.
21.55.050 Nonconforming lots, uses and structures.
21.55.060 Architectural standards.
21.55.070 Site and Access Plan.
21.55.080 Site Development Requirements.
21.55.090 Nuisance Standards.
21.55.100 Lighting Standards.
21.55.110 Traffic Standards.
21.55.120 Evidence of Compliance.
21.55.010 Purpose. a. The purpose of the Gateway business district is to promote mixed-use development, with an emphasis on the visitor industry. Conflicts between residential and commercial business uses will be resolved in favor of business. The purpose of the district is not to detract from the purpose of the Central Business District, which is to provide a centrally located area for general retail and other commercial enterprises, but to encompass the needs and interests of the visitor industry, as well as year-round residents and Homer's role as the Gateway to Kachemak Bay.
b. Among the purposes of the Gateway Business District regulations are the minimization of future traffic congestion along the Sterling Highway corridor, and preservation of the experience residents and visitors have when entering Homer by way of the Sterling Highway.
21.55.020 Permitted uses and structures. The following uses are permitted outright in the Gateway Business District, except when such use requires a conditional use permit by reason of size, traffic volumes, or other reasons set forth in this chapter:
a. Retail;
b. Offices;
c. Restaurants, clubs and drinking establishments;
d. Hotels and motels;
e. Single family, duplex, and multiple family dwellings;
f. Open space;
g. Financial institutions;
h. Home occupations, provided they conform to the standards in HCC §21.44.020(f);
i. Residential units located in buildings primarily devoted to commercial uses and non-residential uses (if otherwise allowed by this chapter) in the same building;
j. Churches;
k. Entertainment establishments;
l. Educational institutions, schools, museums and libraries;
m. Studios;
n. Only as an accessory use to the construction of a new permanent structure, temporary storage of commercial equipment, and mobile commercial structures, during construction for the duration of the project, on the construction site only;
o. Rooming houses;
p. Personal service establishments;
q. Customary accessory uses to any of the permitted uses listed in the GBD district, provided that:
1. A separate permit shall not be issued for the construction of any type of accessory building prior to that of the main building;
2. Any attached or detached accessory building shall maintain the same yards and setbacks as the principal use;
21.55.030 Conditional uses and structures. The following uses are permitted in the Gateway Business District when authorized in accordance with HCC 21.61:
a. More than one building containing a permitted principal use on a lot.
b. Other uses, similar to and not more objectionable than permitted uses listed for this district, as determined by the Commission, provided such uses are not permitted or conditionally permitted in other districts.
21.55.040 Dimensional requirements. The following dimensional requirements shall apply to all uses in the Gateway Business District unless otherwise provided by conditional use permit in HCC 21.61 or approved by variance as provided in chapter HCC 21.62:
a. Lot size.
1. The minimum lot area shall be 20,000 square feet. Already existing smaller lot sizes are approved subject to the provision of off-site parking as specified in the City parking ordinance;
2. Multiple family dwelling containing three or more units shall meet the standards in HCC §21.45.040(a)(2), unless otherwise specified in conditional use permits, HCC 21.61;
3. Townhouses shall meet the standards in HCC §21.61.070, unless otherwise specified in conditional use permits, HCC 21.61.
b. Building Setbacks.
1. Buildings shall be set back 20 feet from all dedicated rights of way, except as allowed by subsection (4).
2. Commercial buildings shall be set back five feet from all other lot boundary lines except the minimum setback shall be two feet from all other boundary lines when firewalls are provided and access to the rear of the building is otherwise provided (e.g., alleyways) as defined by the State Fire Code and enforced by the State Fire Marshal;
3. Residential buildings shall be set back five feet from all other lot boundary lines.
4. If approved by a conditional use permit, the setback from a dedicated right-of-way may be reduced.
5. Alleys are not subject to a 20-foot setback requirement, from dedicated rights-of-way. The setback requirements from any lot line abutting an alley will be determined by the dimensional requirements of subparagraphs (2) and (3) above.
c. Building Height. The maximum building height shall be thirty-five feet.
d. No lot shall contain more than 8,000 square feet of building area, nor shall any lot contain building area in excess of 30% of the lot area, without an approved conditional use permit.
e. Building Area and Dimensions - Retail
1. The total square feet of floor area of retail business uses within a single building shall not exceed 8,000 square feet.
2. In buildings with more than 8,000 square feet of building area retail business use not including the area for stocking and warehousing is limited to no more than 50% of the building 8,000 square feet of area.
3. No retail business or wholesale business use, and no building the main use of which is retail business or wholesale business, which is made nonconforming by the adoption of this chapter may be expanded or enlarged in any manner beyond the size and intensity that existed on ______________, 2006.
f. Sign Area.
1. Sign Area shall include the area of any tenant-specific motifs or architectural devices including, but not limited to, roof forms, canopies, awnings, building color or finish, striping or color bars. The entire area of backlit awnings with translucent material shall be counted as a sign area.
2. The main entrance to a development may include one ground sign announcing the name of the development. Such sign shall consist of natural materials. Around the sign grass, flowers and shrubs shall be placed to provide color and visual interest.
21.55.050 Nonconforming lots, uses and structures. Any use, lot or structure that is made nonconforming by adoption of this chapter shall not be expanded.
b. Architecture based upon generic franchise design is prohibited. Rather, where franchise buildings of national chains are proposed, architects will comply with the Community Design Manual.
c. Architecturally integrated artwork is encouraged.
21.55.070 Site and Access Plan. a. A zoning permit for a building or structure within the Gateway Business District shall not be issued by the City without an approved site and access plan. In addition to the requirements of HCC 21.42 Zoning Permit the plan shall show:
1. Existing site features and conditions, including topography, drainage and the general location of vegetation;
2. Relationship to existing and proposed rights-of-way;
3. Access, including proposed driveway and curb cuts, with arrows indicating vehicular traffic patterns on, into and out of the site and to and from all parking areas;
4. On-site traffic and pedestrian circulation systems;
5. The precise location of all proposed structures with a detailed parking plan;
6. Where practical, safe, and where other means of access have not been provided, access easements may be required to public lands.
7. A grading and drainage plan indicating all cuts, fills and areas of disturbance. The plan shall display elevation changes and cut and fill quantities.
b. No zoning permit may be granted without a right-of-way access plan approved by the City. All access points to rights-of-way shall conform to the following standards:
1. Each development under common ownership within the district shall be limited to one entrance and one exit per street. One combined entrance/exit is encouraged to facilitate traffic movement on adjacent streets.
1. Vehicular Circulation and Access
i. Development in this district shall be limited to one entrance and one exit per street. One combined entrance/exit is encouraged to facilitate traffic movement on adjacent streets.
ii. To minimize turning movements onto adjacent public roads, developers are encouraged to provide internal circulation systems that connect to adjacent developments within the Gateway Business District. When several adjacent lots front one street it is preferred that they share one driveway or street access. Site design shall continue internal vehicular ways in order to reduce the number of driveway and curb cuts onto the Sterling Highway. Curb cuts onto the Sterling Highway shall be kept to an absolute minimum.
iii. Facilities and access routes for deliveries, service and maintenance shall be separated when practical from public access routes and parking areas.
2. Where applicable, frontage roads shall be developed to conform to the Master Roads and Streets Plan and the Transportation Plan.
3. Visibility for vehicles at access points shall be protected as specified below:
At the intersection of any private drive or entrance or exit for a parking area with a public street, no fence, wall, hedge or other planning or structure forming a material impediment or visibility between a height of two and one half feet and eight feet shall be erected, planted, placed or maintained and no vehicle so impeding visibility shall be parked within triangular areas defined by lines connecting points as follows:
Beginning at the point where the midline of the private drive or entrance or exit for a common parking area intersects the public right-of-way, thence to a point thirty-five feet along the right-of-way line in the direction of approaching traffic, thence to a point twenty-five feet toward the interior of the property at the previously described midline, and thence to point of beginning (no such visibility triangle need be maintained on the side of the drive, entrance or exit away from approaching traffic on the same side of the street).
21.55.080. Site Development Requirements. A. All development in the GBD shall conform to the Site Development Requirements contained in HCC § 21.48.060.
b. All parking lots and vehicular ways in a development will be paved.
21.55.090 Nuisance Standards. All uses and structures in the GBD shall conform to the Nuisance Standards contained in HCC § 21.48.070.
21.55.100 Lighting Standards. All uses and structures in the GBD shall conform to the Lighting Standards contained in HCC§ 21.48.080.
21.55.110 Traffic Standards. A conditional use permit is required for every use that is estimated or expected to generate traffic in excess of the Traffic Standards contained in HCC § 21.48.090.
21.55.120 Evidence of Compliance. Evidence of Compliance. Upon request by the City, information sufficient to determine the degree of compliance with the standards of this chapter shall be furnished by the property owner or owner's representative. Such request may include a requirement of continuous records of operation likely to violate the standards for periodic survey in the event a question arises as to compliance.
Section 2. Subsection of a section 21.36.010 of the Homer City Code is hereby amended to add the Gateway Business District. The amended subsection shall read as follows:
21.36.010 Zoning Districts. a. Section 21.04.010 of the Borough Code divides the borough into two zoning districts, rural and municipal. The municipal district of the city is further divided in zoning districts and within each district only certain uses and standards are allowed. The following zones area hereby established:
Zone Abbreviated Designation
Residential Office RO
Rural residential RR
Urban residential UR
Central business district CBD
Gateway business district GBD
Conservation district CO
General commercial 1 GC1
General commercial 2 GC2
Marine commercial MC
Marine industrial MI
Open space -Recreational OSR
Section 3. The Gateway Business District shall be comprised of the properties identified on the attached Exhibit A, and the City Clerk is authorized to sign the map and adhere to the requirements set forth in the Homer City Code, Section 21.36.020 (c).
Section 4. This Ordinance is general ordinance of a permanent nature and shall be codified in the City Code.
ENACTED by the City Council of the City of Homer, Alaska this 25th day of September, 2006.
CITY OF HOMER
_____________________________
VAL McLAY, MAYOR PRO TEMPORE
ATTEST:
_________________________________________
MARY L. CALHOUN, CMC, CITY CLERK
YES: 6
NO: 0
ABSTAIN: 0
ABSENT: 0
First Reading: August 28, 2006
Public Hearing: September 11, 2006
Second Reading: September 25, 2006
Effective Date: September 26, 2006
Reviewed and Approved as to form and content:
__________________________ __________________________
Walt E. Wrede, City Manager Gordon J. Tans, City Attorney
Date: _______________ Date: _____________________ Date: _______________
Fiscal information: N/A