M E M O R A N D U M 03-99
TO: Homer City Council
FROM: Beverly J. Guyton, Acting City Planner
DATE: June 9, 2003
SUBJECT: Findings Of Fact And Decision On An Ordinance 03-25 (S) Amending The Homer Zoning Ordinance To Limit The Size And Dimensions Of Buildings Used Primarily For Retail Or Wholesale Business In The Central Business District, General Commercial 1, General Commercial 2, Marine Commercial, And Marine Industrial Districts And Adding To HCC 21.32 Definitions - Retail Sales And Wholesale Establishment.
At the June 4, 2003 the Commission discussed the various issues they wished to have referenced in their decision and findings. Staff worked with Bill Smith, Chairman of the Commission, in drafting the Findings. They were sent to all members of the Commission by e-mail on Friday June 6, 2003.
Also attached are three reports that the Commission used in coming up with their decision.
HOMER ADVISORY PLANNING COMMISSION
City of Homer
491 East Pioneer Avenue
Homer, Alaska 99603-7645
FINDINGS
OF FACT AND DECISION ON AN ORDINANCE 03-25 (S) AMENDING
THE HOMER ZONING ORDINANCE TO LIMIT THE SIZE AND DIMENSIONS OF BUILDINGS USED PRIMARILY
FOR RETAIL OR WHOLESALE BUSINESS IN THE CENTRAL BUSINESS DISTRICT, GENERAL
COMMERCIAL 1, GENERAL COMMERCIAL 2, MARINE COMMERCIAL, AND MARINE INDUSTRIAL
DISTRICTS AND ADDING TO HCC 21.32 DEFINITIONS - RETAIL SALES AND WHOLESALE
ESTABLISHMENT.
WHEREAS, the Homer Advisory Planning Commission (the “Commission”) was directed by the Homer City Council to review proposed Ordinance 03-25, hold a public hearing and amend the proposed ordinance after Commission review; and
WHEREAS, the Commission held four work sessions and
four Regular Meetings in which the Commission discussed and amended the
proposed ordinance; and
WHEREAS, the Commission developed a “Selecting Optimum Maximum Size for Retail Stores in Homer, 2003” matrix with which they studied and graded all aspects of development for buildings from 20,000 to 80,000 square feet in all commercial zones of the city, and
WHEREAS, the Commission studied the estimated traffic impacts from data extracted from “Trip Generation, 6th Edition” (Institute of Traffic Engineers) for grocery stores from 20,000 to 50,000 square feet, and
WHEREAS, the Commission discussed and responded to City Council members questions regarding the proposed ordinance amendment, and
WHEREAS,
the Commission considered data from a “Retail Trade Analysis for Kodiak Island,
Alaska” Sponsored by the Kodiak Chamber of Commerce, and
WHEREAS, the Commission evaluated the environmental aspects of large retail/wholesale buildings, and
WHEREAS, the Commission developed a parking lot size chart from Homer City Code and evaluated the parking requirements for large retail buildings, and
WHEREAS, the Commission studied building sizes in Homer from a Commission developed building size study, and
WHEREAS, the Commission considered retail sales and square footage information provided by a City Council member, the Kenai Peninsula Borough and the UAA Institute of Social and Economic Research, and
WHEREAS, the Commission studied a collection of case studies “Learning from Small Towns” from the Dept of Landscape Architecture, Community Design Studio 503, University of Washington, and
WHEREAS, Commission members attended a Chamber of Commerce community forum to study the Town Center development plans presented by the Community Design Studio 503, and
WHEREAS, the Commission considered the “Food Cost Survey” published by the Cooperative Extension Service, UAF, and
WHEREAS, the Commission considered the report from the City Council Large Retail and Wholesale Structure Task Force, and
WHEREAS, the Commission intensively consulted and took direction from the Homer Comprehensive Plan Update, 1999, and
WHEREAS, the Commission studied the purpose of the business district zoning expressed in the Homer City Code Chapter 21 for the CBD, GC-1, GC-2, MC and MI, and
WHEREAS, the Commission heard from a total of twenty-five individuals at three Commission meetings, nineteen individuals spoke for a cap of 20,000 s.f., three individuals spoke against a 20,000 s.f. cap and one individual stressed standards and criteria; and
WHEREAS, the Commission held a public hearing as required by Homer City Code
§ 21.69 before the Commission on April 2, 2003; and
WHEREAS, at the May 21, 2003 meeting of the Commission, the Commission voted to forward Substitute Ordinance 03-25 (S) to the Council; and
Now, after due consideration of
the broad range of evidence presented,
IT IS HEREBY RESOLVED, the Homer Advisory Planning Commission adopts the following findings.
INTENT:
The HAPC wishes to encourage growth and development in Homer. Zoning law provides local authority to regulate buildings and land in order to enhance the public health, safety and welfare. It is through zoning that the citizens may determine the nature of development in their community and thus exert control over the physical and social environment in which they live. The HAPC wishes to implement the policies and guidelines of the Comprehensive Plan in a way that will allow development to occur consistent with the Plan, while preserving those qualities that made Homer what it is today. The Comprehensive Plan calls for supporting those virtues that either brought people to this community or induced them to stay after happenstance of birthplace. The people of Homer want to collectively determine the future of their community.
FINDINGS
OF PUBLIC MEETINGS HELD
A public hearing was scheduled as required by Homer City Code § 21.69 before the Commission on April 2, 2003. Notice of the public hearing was published in a local newspaper. There was no response to the public hearing notice, and no one spoke before the Commission.
At the April 16, 2003 meeting of the Commission, the Commission heard from eight individuals, six spoke for a 20,000 s.f. cap, one individual spoke against a 20,000 s.f. cap and one individual stressed using standards.
May 7, 2003 Meeting of the
Commission
At the May 7, 2003 meeting of the Commission, the Commission heard from ten individuals who spoke for a 20,000 s.f. cap, two individuals spoke against a 20,000 s.f. cap and one individual was neutral
May 21, 2003 Meeting of the
Commission
At the May 21, 2003
meeting of the Commission, the Commission heard from three individuals; two who
spoke for a 20,000 s.f. cap and one who expressed concerns.
The Commission finds the general population has become well informed of the buildings sizes in Homer, and are their opinions are based on that knowledge.
The Commission finds that the citizens are keenly aware what a 21,000 s.f. retail/wholesale building brings to Homer, and do not embrace a proliferation of even larger retail buildings. 30,000 s.f. would be nearly 50% larger and 40,000 s.f. would be almost twice as large.
The Commission finds that the citizens are passionate about the course of future development in Homer, and that on balance, they believe other quality of life issues are more important than quality shopping opportunities.
The Commission finds that citizens embrace local scale economic development and have no desire to end that development.
The Commission finds that the Public is well aware of and supportive of the goals of the Comprehensive Plan.
FINDINGS FROM
COMMISSION STUDIES
After much consideration, it became apparent to the Commission that discerning the difference between developments in 5,000 s.f. increments was not reasonable, because most of the issues are in shades of gray and are better distinguished in 10,000 sq. ft. increments at a minimum.
The Commission finds it appropriate to limit its considerations to 10,000 s.f. intervals.
Even at 10,000 square foot increments, the difference on some issues was not discernable. What came through in the overall study was an obvious trend that on most issues, smaller was best. This does not mean that larger sizes would not deliver some benefit to the community, indeed the data studied made that point, and on some issues the larger the better.
The issue of size cap will need to be revisited in the future to insure that it continues to be appropriate. Ten years should be the maximum and 5 years may be ideal.
The Institutional and Commercial buildings of Homer provide a unique appearance and foster a sense of community.
The sense of community and attractiveness of Homer have brought many first time visitors, return visitors and new residents to our community.
Visitors and residents are the economic engines of our economy.
Homer’s diverse, small business focus has provided the Kenai Peninsula’s most stable and robust economy, which is more resilient than others in difficult economic times.
A national trend exists to bring very large retail stores to small towns, which has the effect of concentrating traffic and increasing vacancy rates.
Very large retail stores are found in most corners of America, offering the same products and services, producing a homogenized look and feel across America.
A single very large retail store will change the overall small business character and severely limit the prospects for future competition and diversity that have been the hallmark of Homer.
Allowing a very large retail store to be constructed is an irrevocable step that will change the very nature of Homer that Citizens strive to preserve.
Reasonable measures to contain retail business growth rate are needed for Homer in order to maintain a strong and lasting economic expansion.
Many small businesses spread the effect of traffic across the City, instead of creating dangerous and congested traffic in one area.
Pedestrian safety is paramount and is helped by limiting traffic congestion.
Vehicle safety is aided by limiting traffic congestion.
A large retail store demands visibility from high volume traffic, and thus are planned and located in ways that dominate their location, and the adjacent thoroughfare.
Large Retail buildings would bring a larger selection of goods available locally.
Large Retail buildings would limit the “leakage” of retail sales to other areas and bring in more regional sales.
Large Retail that succeeded in increasing local retail sales would increase tax revenues to the City as well add to the real property tax roll.
Local government that becomes dependant on a single large tax-payer is extremely vulnerable to a shifting economic climate.
The Commission finds it inappropriate to make zoning law decisions primarily based on revenues that would accrue to the City.
Supporting Large Retail is business friendly to one or two businesses, while supporting small retail is business friendly to many businesses.
Establishment of a Large Retail store has the potential to limit small retail development for years until population growth enables further expansion.
Reasonable measures to contain retail business growth rate are needed for Homer in order to maintain a strong and lasting economic expansion.
Many small businesses spread the effect of traffic across the City, instead of creating dangerous and congested traffic in one area.
To limit the impact of a very large retail or wholesale structure that will significantly alter the unique character and the sustained community economic growth, it is in the best interest of the City of Homer to regulate maximum Retail and Wholesale building size.
The problem of making Homer grocery pricing competitive with Soldotna has been largely solved by recent local competitive developments, while no evidence has been presented that indicates enduring favorable price changes would result from Large Retail development.
Consideration was given to conserving and stabilizing the value of property without consideration of who owned the property.
The Commission finds it inappropriate to seek to protect or prohibit any particular business, instead, following the guidance of the Comprehensive Plan, the commission sought to assist a category of business that makes Homer unique and has contributed to our success.
FINDINGS from The Homer Comprehensive Plan
1. The Homer Comprehensive Plan states: Guide growth and development in areas planned or zoned Central Business District (CBD) to provide a centrally located business/commercial area and focal point for the community.
The Commission found that a
size cap is a critical tool in controlling development, and cannot be replaced
by any other standard. The surest way
to foster small business, in this era of market dominance by huge business, is
to limit building size.
2. The Homer Comprehensive Plan states: Promote a safe, attractive, and easily accessible business/commercial core for pedestrian and vehicular visitors and residents.
The Commission found that a
retail/wholesale building larger than 20,000 s.f. would not be conducive to
promoting a safe, attractive and easily accessible business/commercial core for
pedestrians or residents.
3. The Homer Comprehensive Plan 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.
The Commission found that a
retail/wholesale building over 20,000 s.f. is not compatible with the unique
cultural identity of small businesses
within the Central Business District.
4. The Homer Comprehensive Plan states: The City shall encourage the beautification and retention of natural vegetation throughout the commercial business core and institute a landscape ordinance, in recognition of climate moderation, noise diffusion, and habitat and aesthetic benefits of natural vegetation. Also stated: Support retention/restoration of natural vegetation and habitat in the Homer area.
The
Commission found that large-scale development has more than a proportionately
greater impact on vegetation and habitat because of the necessarily unbroken
large expanse of building and parking required. Whereas small-scale development offers more opportunity to
maintain buffers and corridors throughout the area.
The Commission found that some environmental impacts
of large-scale developments can be mitigated, and some are less amenable to
mitigation. Overall the smaller scale
the development, the more likely that environmental problems are not created or
are easily resolved.
The Commission found a retail/wholesale building over the
size of 20,000 s.f. with its parking area would require such a large
disturbance of natural vegetation that noise diffusion and habitat would be
largely disturbed and the aesthetic benefits of natural vegetation lost.
The Commission found that buildings above 30,000 s.f. and
larger have an excessive impact.
5.
The
Homer Comprehensive Plan encourages a balance of open space and attractive,
retail-oriented development.
The
Commission found that development looses its ability to maintain these
qualities as the project size increases.
The
Commission found that large retail/wholesale development along the Sterling
Highway would result in a typical retail strip development look, regardless of
the design of the building.
The
Commission found that this retail strip development appearance is not supported
by the Comprehensive Plan.
6.
A Homer Comprehensive Plan Goal is to insure that
Homer's development follows a well thought out, coordinated plan, that speaks
to the aesthetic qualities of Homer's profile as an arts destination.
The Commission found that small-scale development in the Central
Business District would offer the most appropriate support for this goal.
7. The Economic Section of the Comprehensive Plan makes these statements:
a. Year round employment opportunities for area residents will be enhanced.
b. The City shall encourage the private and public development of the Lower Kenai Peninsula for the purpose of increasing tourist revenues.
c. The City will aggressively market Homer as a tourist destination
e. Encourage year round employment in the marine services industry
f. The City shall study and implement a plan
for a zoned marine industrial area capable of supporting year round service facilities.
g. Facilitate the implementation of an economic growth plan.
h. The City shall seek ways to form or
encourage alliances with other tourism centers on the Kena Peninsula, especially cultural and science
institutions in order to expand the marketing strengths of the City in the
tourism segment
i. The City shall work with interested parties to develop an information source and a support system for area citizens involved in small business enterprises
The
Commission found that the Comprehensive Plan, when taken as a whole, has made a
deliberate choice to support small business and a unique community whose
business activities are focused on tourism, arts and the maritime
industry. Although Large Retail was a
possibility at the time of formulation, the Comprehensive Plan deliberately
does not invite large retail stores into Homer. This deliberate choice constitutes instruction of City policy by
the City Council to find ways to support small business.
8. The Comprehensive Plan Homer Spit Plan calls for commercial activities which are marine related.
The Commission found that Retail/Wholesale buildings
which exceed 20,000 s.f. are not required to service the intensive mixed use
environment of the Homer Spit, and would unduly add to an existing traffic
congestion problem.
The Commission found that large Retail/Wholesale buildings are not compatible with the need for multiple mixed uses of the Homer Spit, and would consume a large amount of land, our most limited resource on the Spit.
The Commission found that large Retail/Wholesale
buildings of 20,000 s.f. or less would be entirely adequate to serve the needs
of the Homer Spit in view of the goals established by the Comprehensive Plan.
When it comes to building size, is there a difference between “What is the effect on Homer” and “What kind of town do we want Homer to become”?
The Commission
finds that there is indeed a difference and recommends that the focus
should be as mandated by the Comprehensive Plan: What kind of town do we
want in the future.
The Commission
became convinced that limits are very strongly indicated by the Comprehensive
Plan and thus is obliged to recommend adoption of Ordinance 03-25 (S).
The Commission recommends that for the Central Business District, large Retail/wholesale buildings 20,000 s.f. or smaller are the most appropriate for the future of Homer.
The Commission recommends that for General Commercial 1, and General Commercial 2 that 40,000 s.f. maximum is appropriate away from the city center, and further recommends a 30,000 s.f. maximum for General Commercial 1 south of Beluga Lake due to proximity to the Central Business District.
Date:
Chair, Bill Smith
Date:
Acting City Planner, Beverly J. Guyton