AN ORDINANCE OF THE CITY COUNCIL OF HOMER, ALASKA AMENDING THE HOMER ZONING CODE BY ADOPTING A NEW CHAPTER 21.56 TO CREATE A NEW TOWN CENTER ZONING DISTRICT AND AMENDING THE ZONING MAP TO REZONE PORTIONS OF THE CENTRAL BUSINESS DISTRICT TO THE TOWN CENTER ZONING DISTRICT.

WHEREAS, The City of Homer 1999 Comprehensive Plan states, “The City shall work with the Town Square Committee to establish a Town Square and connecting green spaces through the Central Business District; and “Guide growth and development in areas planned or zoned Central Business District to provide a centrally located business/commercial area and focal point for the community;” and

WHEREAS, The Town Center Zoning District is intended to establish an area for such a town square and to facilitate the creation and guide the growth and development of a community focal point and business core centrally located in Homer in the downtown area; and

WHEREAS, The 1999 Comprehensive Plan supports the creation of zoning regulations that address architecture and states, “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,” and, “The City shall work through the zoning and building process to limit the display of national brand signage and architecture, placing emphasis on local business identity;” and

WHEREAS, The Homer Advisory Planning Commission held a public hearing on the matter on February 6, 2008, as required by Homer City Code, Section 21.70.020; and,

WHEREAS, The Town Center Zoning District as adopted in this Ordinance does not allow franchise architecture, and ~~the encourages minimum~~ establishes architectural standards; and

WHEREAS, The City has worked for several years with landowners and interested citizens and adopted the Town Center Plan, and this ordinance adopts zoning code changes to implement the goals and objectives of the planning effort.~~; and~~

NOW, THEREFORE, THE CITY OF HOMER ~~HEREBY~~ ORDAINS:

Section 1. The Homer City Code is hereby amended by the enactment of a new chapter to create the Town Center Zoning District to be added to the Homer zoning code as chapter 21.56 to read as follows:

Chapter 21.56

TC TOWN CENTER DISTRICT

21.56.010 Purpose. The primary purpose of the Town Center District is to provide a centrally located area in Homer for a core business area and a community focal point.

21.56.020 Permitted uses and structures. The following uses are permitted outright in the Town Center 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. Any retail business where the principal activity is the sale of merchandise and services in an enclosed building, including but not limited to food establishments, drug, variety and , dry goods~~, hardware, appliance, and furniture stores~~;

b. Personal service establishments that perform services on the premises, such as barber or beauty shops, shoe repair shops, photograph, and quick-print establishments;

c. Offices;

de. Restaurants, clubs and drinking establishments which provide food or drink for consumption on the premises;

e.f Parking lots and parking garages, in accordance with HCC sections 7.12.001, 7.12.005, 7.12.015, 7.12.030, 7.12.035, 7.12.045, 7.12.047;

fg. Hotels and motels;

gh. Single family, duplex, and multiple family dwellings;

hi. Parks;

ij. Financial institutions;

jk. Mobile commercial structures on a temporary basis for maximum of one year during construction of a permanent structure;

kl. Retail sale of building supplies and materials, only if such use, including storage of materials, is wholly contained within an enclosed building;

m~~. Customary accessory uses to any of the permitted uses listed in the CBD 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;~~

lo. Home occupations, provided they conform to the standards in HCC 21.44.020(f);

mp. Residential units and non-residential uses (if otherwise allowed by this chapter) in the same building;

nq. Religious, cultural and fraternal assemblies;

or. Entertainment establishments, such as theaters and auditoriums;

ps. Educational institutions, such as schools, museums and libraries;

qt. Art, dance, music and radio studios;

ru. Plumbing, heating and appliance service shops, only if such use, including the storage of materials, is wholly within an enclosed building;

sv. Printing and publishing establishments;

w~~. Self-service laundries;~~

tx. Mobile food services (permitted only on city owned land);

uy. Itinerant merchants, provided all activities shall be limited to uses permitted outright under this zoning district (permitted only on city owned land);

vz. Day care homes and facilities; provided, however, that play areas will be fenced;

waa. Rooming houses.

xbb. Farmers Market~~Open Air Business~~

ycc. More than one building containing a principle permitted use on a lot.

21.56.030 Conditional uses and structures. The following uses are permitted in the Town Center District when authorized in accordance with HCC Chapter 21.61:

a. Planned unit developments, limited only to uses otherwise permitted in this district;

~~a. Planned unit developments, limited only to uses otherwise permitted in this district;~~

b. Indoor recreational facilities such as bowling alleys, skating rinks or similar uses;

c. Greenhouses and garden supplies;

d. Incidental and/or custom manufacturing, repair, fabricating, and/or assembly, provided such use, including storage of materials, is wholly within an enclosed building;

~~e. Shelter for the homeless;~~

ef. Group care homes.

fg. 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;

gh. Outdoor recreational facilities such as skating rinks, miniature golf courses, open air performing arts centers, or similar uses.

h. Buildings in excess of 35 ft. in height where a suitable fire suppression system is provided.

i. Customary accessory uses to any of the permitted uses listed in the CBD 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;

j. Self-service laundries;

k. Retail sales of hardware, appliance and furniture stores, building supplies and materials, only if such use, including storage of materials, is wholly contained within an enclosed building;

l. Plumbing, heating and appliance repair shops, only if such use, including storage of materials is wholly within an enclosed building.

21.56.040 Dimensional requirements. The following dimensional requirements shall apply to all uses in the Town Center District unless otherwise provided by conditional use permit in HCC Chapter 21.61 or approved by variance as provided in HCC Chapter 21.62:

a. Lot size.

1. The minimum lot area shall be six thousand square feet.

2. Townhouses shall meet the standards of subsections (c), (f), (h), (i), (o), and (p) of HCC 21.61.070.

b. Building Setbacks. Buildings shall be set back from lot boundaries and street rights-of way as follows:

1. All buildings must be set back from the Sterling Highway right-of-way by 20 feet or more, without exception.

2. From all other street rights-of-way, all buildings must be set back not less than 10 and not more than 20 feet, except as allowed by subsection 4.

3. All buildings must be set back five feet from all other lot boundary lines except the minimum set back shall be two feet from all other boundary lines when approved by the State Fire Marshal.;

4. If approved by a conditional use permit, the distance for a required set back from a street right of way may be reduced or increased, except from the Sterling Highway right-of-way.

5. Alleys are not street rights-of-way subject to the set back requirements of subsections 1 and 2. All buildings must be set back at least five feet from alley rights-of-way, without exception.

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 percent of the lot area, without an approved conditional use permit.

e. Building Area and Dimensions Retail and Wholesale.

1. The total square feet of floor area of retail and wholesale business uses within a single building shall not exceed 66,000 square feet.

2. No conditional use permit, Planned Unit Development, or variance may be granted that would allow a building to exceed the limits of subparagraph (1) and no nonconforming use or structure may be expanded in any manner that would increase its nonconformance with the limits of subparagraph(1).

3. Any building the main use of which is retail business, wholesale business, or a combination of the two shall not exceed 66,000 square feet of footprint area.

f. Sign Area. 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.

21.56.050 Architectural standards. a. All development will contain variation in detail to provide visual interest and to avoid monotony. Use of pitched roofs, breaks in roofs and wall lines and other architectural features will be utilized. Building materials may~~ust~~ simulate quality traditional building materials such as wood, stone and brick.

b. Architecture based upon generic franchise design is prohibited. ~~Architecture and design of all buildings will comply with the Architecture section of Community Design Manual, except as follows:~~

1. Conformance with architectural section of the Community Design Manual is encouraged.

21. Buildings of less than 8000 square feet of building area are exempt from the Siding and Trim and Color sections of the manual.

c. Architecturally integrated artwork is encouraged.

d. Fences shall comply with the Community Design Manual.

e. All development shall comply with the Commercial Streetscape guidelines of Site Design section of the Community Design Manual.

21.56.060 Site and Access Plan. a. A zoning permit for a building or structure within the Town Center District shall not be issued by the City without an approved site and access plan. In addition to the requirements of HCC Chapter 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 right-of-ways;

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 right-of-ways shall conform to the following standards:

1. Entrances onto arterials and collectors shall be minimized, and individual businesses shall share access to right-of-ways whenever possible. Access shall conform to the policies in the City Master Roads and Streets Plan , the 2005 Transportation Plan, The Town Center Plan and the ordinances of the City.

2. Frontage roads are prohibited.

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 planting or structure forming a material impediment ofr 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).

21.56.070 Site Development Requirements. a. All development on lands in this zoning district shall conform to the site development requirements contained in HCC 21.48.060, except as otherwise provided in this section.

b. Subsections ~~(a),~~ (b), and (h) of HCC 21.48.060 do not apply in this zoning district.

c. Storm water management and drainage will be integrated with adjacent properties to the maximum extent possible.

d. All utilities in the district are required to be underground.~~c. Site Development.~~

1. Development shall not adversely impact other properties by causing damaging alteration of surface water drainage, surface water ponding, slope failure, erosion, siltation, or root damage to neighboring trees, or other impacts.

2. Upon completion of earthwork, all exposed slopes, and all cleared, filled, and disturbed soils shall be protected against subsequent erosion by methods, such as, but not limited to, landscaping, planting, and maintenance of vegetative cover, to prevent subsequent erosion.

~~3. All exposed, cleared, filled and disturbed soils shall be revegetated within the next growing season, with an emphasis on native materials, including ground cover, shrubs and trees.~~

ed. Landscaping Requirements. All development on lands in this zoning district shall conform to the following :with an emphasis on native materials, including ground cover, shrubs and trees:

1. Not less than 15 percent of the area of the lot(s) shall be landscaped. Landscaping may consist of a combination of the following, and must include all elements required by the following or any other sections of the code:

a. Buffers. To be included in the calculation of required landscaping, buffers along lot lines shall be not less than 3 feet in width.

b. Gardens. To be included in the calculation of required landscaping, a garden shall be not less than 10 feet in length or width as measured at its shortest dimension. In addition to landscaping, a garden may include amenities, such as pedestrian seating areas, art, sand boxes, flower and ornamental gardens, paths, bike racks, outdoor restaurant seating, and other similar structures incidental to use of the building. No more than 50 percent of a garden may have an impervious cover, e.g., pavement, brickwork, and decking. Any decks or patios included in the calculation of a garden shall be at or near ground level. Use of grass, wood chips, or natural surfaces is preferred over areas paved with asphalt or concrete. A landscaped storm water detention area may be included in a garden or buffer.

c. Use of landscaping to buffer the public view of the backs of buildings and loading areas is encouraged.

d. Parking Lots. Parking lots shall include landscaping as follows:

(1) A minimum of ten percent of the parking area of parking lots with 35 spaces or more shall be landscaped in islands, dividers, or a combination of the two. Any island or divider must be (i) large enough and designed to ensure plant survivability and (ii) large enough to break up the visual bulk and scale of the parking lot.

(2) Parking lots with 24 spaces or more will have a minimum 10 foot landscaped buffer adjacent to road right-of-ways;

(3) Parking lots with only one single loaded or one double loaded aisle that have a 15 foot minimum landscaped buffer adjacent to road rights-of-way are excluded from the requirement of subparagraph (1)(i) above.

e. A buffer of not less than 15 feet in width is required from the top of the bank of any defined drainage channel or stream.

2. Topsoil addition, final grading, seeding, and all plantings of flora must be completed within nine months of occupancy, or within the first growing season after occupancy, whichever comes first. Required landscaping will be maintained thereafter, with all shrubs, trees, and groundcover being replaced as needed.

21.56.080 Nuisance standards. All uses and structures in this zoning district shall conform to the nuisance standards contained in HCC 21.48.070.

21.56.090 Lighting Standards. a. All uses and structures in this zoning district shall conform to the lighting standards contained in HCC 21.48.080.

b. All lighting shall comply with the Building Lighting and Outdoor lighting sections of the Community Design Manual.

21.56.100 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.

21.56.110 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. The official zoning map as drafted of the Town Center District December 10, 2007 (attached Exhibit A) shall consist of the originally proposed properties and adjoining properties which may by request be included.~~is hereby amended to show the Town Center Zoning District is comprised of the properties identified on the attached Exhibit A, which are hereby rezoned from the CBD to the Town Center district.~~ 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 3. This ordinance is of a permanent and general character. Section 1 of this ordinance shall be included in the city Code.