Memorandum 03-98

Date: June 6, 2003

To: Mayor and City Councilmembers

From: Councilman Fenske

Subject: Conditional Use Permits/Building Standards for Large Retail Stores

As you know, I believer that building standards for large retail stores are at least as important as establishing a size limitation. I believe it is in the best interest of both the City and the business community for us to address these standards as soon as possible.

Attached for your information is a suggested way for us to approach this issue in a thoughtful, yet expedited manner. I have taken our exiting conditional use permit ordinance and modified it to provide for these standards. I think the conditional use permit approach could be the vehicle we could use to get these standards in place quickly. In this draft, you will see that I focus only the Central Business District since I believe that is the area people are most concerned about right now. We can work on other districts later. Thanks for your time and consideration.

Recommendation: That the Council request that the Planning Commission use the conditional permit approach to address the task force recommendations on building standards for large commercial and retail stores.

Walt, I suggest that we try some thing such as this:

It could apply to the CBD as a beginning. What do you think?

Sections:

21.61.010 Intent.

21.61.020 General conditions.

21.61.030 Application for conditional use permits.

21.61.040 Procedures.

21.61.050 Time limitations.

21.61.060 Standards for planned unit developments.

21.61.070 Standards for townhouses.

21.61.080 Standards for mobile home parks.

21.61.090 Standards for recreational vehicle parks.

21.61.095 Temporary recreational vehicle parks.

21.61.100 Standards for churches.

21.61.110 Add a section to include large (any building which exceeds 8,000 sq. feet) retail or wholesale stores

21.61.010 Intent. It is the intent of this chapter to provide the flexibility necessary to allow by permit a use within a district under conditions which are specified in addition to regulations applying to other uses permitted outright within the district. The reasons for requiring such special conditions include, among others, the size of the area required for the full development of such uses, the nature of the traffic problems incidental to operation of uses, and the effect such uses have on any adjoining land uses and on the growth and development of the city as a whole. Location and operation of designated conditional uses shall be subject to review and authorized only by issuance of a conditional use permit. The purpose of review shall be to determine that the characteristics of any such use shall not be incompatible with the type of uses permitted in surrounding areas, and for the further purpose of establishing reasonable conditions so that the basic purpose of this chapter shall be served. Nothing herein shall be construed to required the granting of a conditional use permit. (Ord. 82-15 4(part), 1982).

21.61.020 General conditions. Prior to granting a conditional use permit, it shall be established that the use satisfies the following conditions:

a. The use is consistent with the purpose of chapters 21.28 through 21.70 and the purpose of the zoning district;

b. The value of the adjoining property will not be negatively impacted greater than that anticipated from other permitted uses in this district;

c. The proposed use is in harmony with the community plan and with surrounding land use;

d. Public services and facilities are adequate to serve the proposed use;

e. In evaluating the above-mentioned conditions, consideration may be given to harmony in scale, bulk, coverage and density, to the harmful effect, if any, upon desirable neighborhood character, to the generation of traffic and the capacity of surrounding streets and roads, and to any other relevant impact of the use;

f. Any and all specific conditions deemed necessary by the Advisory Planning Commission to fulfill the above mentioned conditions shall be met by the applicant. Guarantees and evidence may be required that such conditions will be or are being complied with. Such conditions may include, but are not limited to, requiring:

1. Special yards and spaces,

2. Fences and walls,

3. Surfacing of parking areas,

4. Street and road dedications and improvements (or bonds),

5. Control of points of vehicular ingress and egress,

6. Special provisions on signs,

7. Landscaping and maintenance thereof,

8. Maintenance of the grounds,

9. Control of noise, vibration, odors or other similar nuisances,

10. Limitation of time for certain activities,

11. A time period within which the proposed use shall be developed,

12. A limit on total duration of use. (Ord. 82-21 1(11),(12), 1983; Ord. 82-15 4(part), 1982).

21.61.030 Application for conditional use permits. Application for a conditional use permit shall be filed with the City Manager. The application shall include, but is not limited to, the following:

a. Name and address of the party seeking the permit;

b. A legal description of the land;

c. A description of the proposed use, including a dimensioned plot plan and description of neighboring land use, including any necessary maps and diagrams;

d. The appropriate fee;

e. Any additional information which the administration official or the Homer Advisory Planning Commission may require to determine if all conditions will be satisfied. (Ord. 82-21 1(13), 1983; Ord. 82-15 4(part), 1982).

21.61.040 Procedures. a. If the application is in order, the City Manager shall schedule a public hearing and notice of the proposal as specified in Chapter 21.69.

b. Approval shall require the concurring majority vote plus one of the Advisory Planning Commission.

c. The Advisory Planning Commission shall, within forty five days of receipt by the Planning Department of a completed application, approve, disapprove or conditionally approve the application for a conditional use permit. If the Commission fails to act, the application is considered approved, and a certificate of approval shall be issued upon demand. The applicant for a conditional use permit may consent to the extension of the period for action by the Commission. (Ord. 92-09(A), 1992; Ord. 82-15 4(part), 1982).

21.61.050 Time limitations. Failure to meet any time limits imposed by the conditional use permit granted by the Homer Advisory Planning Commission shall void the conditional use permit, provided that an extension may be granted by the Planning Commission following a public hearing on the matter. The Commission may grant extensions for good cause only. (Ord. 82-15 4(part), 1982).

c. Development Plan

1. A conditional use permit application and a development plan for a LARGE RETAIIL WHOLESALE STORE shall be submitted to the City for administrative review and recommendation to the Homer Advisory Planning Commission. They shall include the following:

a. A statement of purpose and objective;

b. A specific plan of development, including a designation of land uses by relative intensity and proportion of land area intended for each land use;

c. A program of development outlining the stages of future development and the phase for current approval;

d. The time schedule;

e. A statement demonstrating the independence of each stage;

f. The general location and size of the area involved and the nature of the land owner's interest in the land to be developed;

g. The density of land use to be allocated to parts of the area to be developed;

h. The location, function, ownership and manner of maintenance of common open space for the management during construction; and management during each phase of development; and the final management of the completed development;

I. The use, approximate height, bulk and location of buildings and other structures;

j. A utilities and drainage plan;

k. The substance of covenants, grants of easements or other restrictions to be imposed upon the use of the land, buildings and structures, including proposed easements for public utilities;

l. A parking plan and the location and width of proposed streets and public ways and the relationship of new or existing streets and other public facilities in proximity to the planned development;

m. In the case of plans which call for development over a period of years, a schedule showing the time within which application for final approval of all parts of the planned development are intended to be filed;

n. A list of required permits necessary from state or federal agencies; which the Planning Commission may require prior to final approval;

o. Site plans sufficient to depict above listed requirements or other conditions required by staff.

p. A statement of methods to be employed to assure maintenance of any common areas and facilities shall be submitted.

TO INCLUDE THE FOLLOWING IN ABOVE REQUIREMENTS:

Section 4. Section 21.48.040 pertaining to the Central Business District is hereby amended to read as follows:

21.48.040 Dimensional requirements. The following dimensional requirements shall apply to all uses in the central business district unless otherwise provided in Chapter 21.61 or approved by variance as provided in Chapter 21.62:

a. Lot size.

1. The minimum lot area shall be six thousand square feet. Already existing smaller lot sizes may be 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 § 21.45.040 (a) (2), unless otherwise specified in conditional use permits;

3. Townhouses shall meet the standards in § 21.61.070, unless otherwise specified in conditional use permits.

b. Building Setbacks.

1. Twenty feet from all dedicated rights-of-way;

2. Commercial buildings shall be set back five feet from all other lot boundary lines unless 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 Marshall;

3. Residential buildings shall be set back five feet from all other lot boundary lines.

c. Building height. The maximum building height shall be thirty-five feet.

d. Building Area and Dimensions - Retail and Wholesale.

1. Any building the main use of which is retail business, wholesale business, or a combination of the two,

i. shall not exceed 40,000 20,000 square feet of building area, and

ii. shall not exceed 300 feet in length or width.

2. A group of contiguous or connected buildings shall be combined for purposes of these limitations.

3. A group of contiguous or connected buildings situated upon a single tract or contiguous tracts of land under the same ownership shall be combined for purposes of these limitations.

3. 4. Any building or group of contiguous or connected buildings that exceeded these limitations on January 1, 2003, may expand not more than 10% in area or in linear dimension beyond its size on that date.

4. 5. Notwithstanding any other provision of this section or this code, no conditional use permit or variance may be granted that would allow a building to exceed the limits of this subparagraph (d).