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City of Homer

Planning & Zoning           Telephone        (907) 235-8121

491 East Pioneer Avenue                      Fax                  (907) 235-3140

Homer, Alaska 99603-7645                E-mail             Finance@ci.homer.ak.us

                                                            Web Site          www.ci.homer.ak.us

MEMORANDUM 04-41

 

DATE:             February 27, 2004

 

TO:                 Homer City Council

 

THROUGH:     Walt Wrede, City Manager

 

FROM             Beth McKibben, City Planner

 

SUBJECT:       An Ordinance Of The City Council Of Homer, Alaska Amending Homer City Code Chapters 21.32 Definitions, Section 21.42 Zoning Permit, Section 21.48 CBD Central Business District, Section 21.49 GC1 General Commercial 1 District, Section 21.50 GC2 General Commercial District, Section 21.52  MC Marine Commercial District, Section 21.53 MI Marine Industrial District, Section 21.61 Conditional Use Permits  Adding 21.61.105 Requirements For Large Retail And Wholesale Development More Than 15,000 Square Feet In Area, And Adding 21.61.110 Standards For Traffic Impact Analysis

 

Introduction

 

The Homer Advisory Planning Commission was directed by the City Council to develop standards for addressing large retail and wholesale development and to recommend a size cap for large retail and wholesale developments. 

 

Discussion

 

The Commission began by reviewing recommendations from the Large Structure Task Force and comments from the Homer Chamber of Commerce.  They further reviewed the existing performance standards in Title 21.  A table was developed illustrating types of impacts addressed in the Large Structure Task Force recommendations, and which impacts were already addressed in existing code with existing performance standards in which district. 

 

Interestingly, existing performance standards for the Central Business District (CBD) referenced back to those in the Rural Residential District.  Performance standards in the General Commercial 2 District (GC2) and Industrial Marine District (IM) referenced back to those within the General Commercial 1 District (GC1).  After a thorough review the Commission standardized the Performance Standards in the CBD, and GC1. Now GC2, Marine Commercial (MC) and IM reference the performance standards in GC1.  It should be noted that MC and IM include some specific water oriented standards that are unique to those districts.  These did not change.  Upon advice from the City Attorney, the title “performance standards” was changed to “Site Development Standards”. 

 

The Commission then developed landscaping and lighting requirements for the CBD, GC1, GC2, MC, and IM districts.  Landscaping serves several purposes.  It enhances the aesthetics of the area, reduces the impacts of development on the natural environment, including climatic changes and water quality degradation.  Landscaping also helps to mitigate noise and visual impacts from development.  Lighting regulations reduce glare and light trespass.  Landscaping has been incorporated into “Site Development Standards” in both the CBD and GC1 districts.  The GC2, MC and MI districts reference back to the language incorporated in GC1.  Lighting requirements were included by the addition of a new section specifically for lighting in both the CBD and GC1 districts.  Again, the GC2, MC and MI districts reference the language incorporated in GC1.  The Commission also added to the CBD, GC1, GC2, MC and MI a new dimensional requirement addressing signs.  Sign area includes tenant-specific motifs and architectural devices.  Backlit awnings are also included in sign area.   All of these new requirements apply to all development within the CBD, GC1, GC2, MC and MI districts.

 

The Commission produced the Development Activity Plan requirements and the Storm Water Plan requirements.  These proposed standards and criteria are based on those utilized in other communities.  They were modified for Alaskan, specifically Homer, conditions, and reviewed by the City’s Public Works Director, who is a State registered engineer.  The purpose of both the Development Activity Plan (DAP) and Storm Water Plan (SWP) is to control stormwater discharges and total suspended solids as well as pollutants carried by run off.  The primary difference between the two plans is the level of impact. The DAP addresses smaller developments and has less extensive standards.  The SWP is for larger developments that have a greater impact on stormwater and the potential to contribute significantly more pollutants and suspended solids.  Subsequently, the standards are more comprehensive.  The criteria and standards for DAP and SWP are included in the CBD and GC1 Site Development Standards.  The GC2, MC and MI districts again reference the language in the GC1 district.  All developments in the CBD, GC1, GC2, MC and MI districts meeting the criteria outlined in the DAP or SWP will be required to meet the standards of the DAP or SWP. 

 

The Commission also addressed Traffic Impacts.  They reviewed traffic standards from other communities in Alaska and throughout the country, as well as the requirements of Alaska State Statutes, which govern actions of the Alaska Department of Transportation and Public Facilities (AkDOT&PF).  Additionally, the City contracted with a consultant in the field of traffic impact analysis to review and recommend standards and criteria for traffic impact analysis.  As a result, a set of traffic standards was developed.  The standards in the CBD and GC1 are the same, and GC2, MC and MI reference the standards within GC1.  These standards require an estimate of expected traffic generation based on the proposed land use and density, or by utilizing the Trip Generation Handbook, published by the Institute of Transportation Engineers.  This means that within these districts developments or changes in land use that produce certain levels of traffic will be required to go through the conditional use process.  The standards for Traffic Impact Analysis are found in a newly created section of Chapter 21.61, Conditional Uses.  This section sets out the criteria for how a Traffic Impact Analysis is to be conducted.  It also sets out minimum levels of service acceptable to the city for both the opening date of the proposed development and in the design year.  The design year is ten years in the future.  The traffic impact analysis also identifies possible mitigation measures that could maintain acceptable levels of service.  This section also permits the City to request performance or payment bonds to guarantee completion of traffic mitigation as required by the City.  

 

Within the existing CBD language, structures 8,000 square feet in area or of a building area greater than 30% of the lot are required to go through the conditional use process.  At the recommendation of the City Attorney this language was moved from a listed conditional use to “Dimensional Requirements”.  The Commission then added this language to the GC1, GC2, MC and MI districts.  This means that all large developments in these districts will now go through the conditional use process. The Commission also developed requirements for Large Retail and Wholesale Development More Than 15,000 Square Feet in Area.  This is incorporated as a new section to Chapter 21.61, Conditional Uses.   So, for retail and wholesale developments more than 15,000 square feet in area a new set of standards is in place. 

 

The purpose of the Large Retail and Whole Standards is to insure that these types of development are of a quality that enhances the character of Homer, does not overwhelm its surroundings, and protects and contributes to the health, safety and welfare of the community.  These standards acknowledge that this type of development can result in substantial impacts to the community such as, but not limited to, noise, traffic, community character, environment and the local economy.  The new section of Chapter 21.61 addresses these impacts and provides for detailed review.

 

Large Retail and Wholesale Standards include a requirement for a pre-application conference.  This allows for an exchange of information and opens the discussion to address potential issues.  Traffic Impact Analysis (TIA) is required as by the district in which the proposed use is to be located and follows the standards as outlined elsewhere in the code.  Development Activity Plan and/or Storm Water Plan are also required as by the district in which the proposed project is located.

 

The Large Retail and Wholesale Standards include a requirement of addressing Community and Economic Impact.  The Commission developed criteria for a Community and Economic Impact evaluation by considering the recommendations of the Large Structure Impact Task Force and reviewing standards and criteria utilized by other communities throughout the United States.  Draft language was provided to an economist for the State of Alaska Department of Community and Economic Development.  This professional economist reviewed the proposed language and made recommendations for revisions.  These recommendations were reviewed and incorporated by the Commission into the proposed standards for large retail and wholesale development.  The purpose of evaluating community and economic impacts is to evaluate the projected benefits and costs to the public and private sectors of the community from the project and to prescribe mitigation measures if needed.

 

The Commission also reviewed existing parking requirements and developed additional parking requirements specific to large retail and wholesale development.  Notable is the limit to how much the required parking can be exceeded, and whenever possible no more than 50% of parking can be located between the front of the building and adjacent streets.  These requirements promote the intention of not allowing parking lots and parking structures to dominate the landscape.

 

Landscaping requirements that are more extensive than in individual districts are included in the large retail and wholesale development standards.  The purpose is to minimize the visual and sound impacts of the proposed development, improve the aesthetic qualities of Homer and enhance the natural surroundings.  Loading and Delivery, Screening of Mechanical Equipment, Snow Storage, Outdoor Sales and Storage, and Trash and Recycling requirements in the large retail and wholesale standards are also more extensive than those in the individual districts.  This section also requires utilities to be located underground.

 

Citizen Participation Meetings are also a component of the proposed large retail and wholesale development standards.  The purpose of Citizen Participation meetings is to ensure developers pursue early and effective citizen participation.  This process provides an opportunity for the developer to understand any real or perceived impacts of their proposal, and to try to mitigate those impacts.  This process further ensures citizens and property owners have adequate opportunities to learn about proposed applications for conditional use permits and to allow the possibility to work with developers to resolve conflicts at an early stage in the process.  A report summarizing the outcome of the required Citizen Participation Meetings is required when the conditional use permit application is submitted.

 

The Commission also developed building and aesthetic standards and criteria that are unique to the large retail and wholesale standards.  The purpose of these requirements is to reduce the mass of large structures, creating structures in scale with existing development and create a pedestrian friendly environment.  In developing these standards and criteria the Commission reviewed the recommendations of the Large Structure Impact Task Force and regulations used by other communities throughout Alaska and the rest of the country.  

 

Additionally, the Commission added definitions as needed by the revisions to the code.  They also reviewed the requirements for acquiring a zoning permit and proposed some minor revisions which includes the need for a zoning permit when the use of a parcel or an existing structure changes and the need for commercial structures to show evidence of compliance with State of Alaska Building Codes.  The general requirements of Conditional Use Permits were also reviewed.  The Commission revised the time schedule for both staff and the Planning Commission in processing and acting on a conditional use permit application.  This allows more flexibility for both staff and the commission, which is necessary when reviewing complex applications such as those involving large retail and wholesale development and traffic impact analysis.  Additionally, the Commission has required that uses receiving a conditional use permit comply with State of Alaska Building Codes and the City of Homer Design Manual (name to change). 

 

The City of Homer Design Manual is still a work in progress.  The Commission intends to complete their work on this document and forward to the City Council very soon.  The Design Manual provides standards that are supplementary to those in Title 21.  It illustrates acceptable and unacceptable development and provides a framework for development to occur in a way that enhances the appearance of the community.  The criteria of the design manual are not absolute as are those contained in city code.  They are intended to be flexible, setting a flavor and course for future development throughout the community.

 

When considering the a size cap for large retail and wholesale developments the Commission evaluated the purpose and intent of each zoning district as described in Title 21.  The purpose and intent of the CBD is as follows:

a.  The purpose of the central business district is to provide a centrally located area within the City for general retail shopping, personal and professional services, educational institutions, entertainment establishments, restaurants and related businesses.  The district is also intended to accommodate a mixture of residential and commercial uses with conflicts being resolved in favor of business.

b. The central business district shall be designed to encourage pedestrian movement throughout the area and to avoid traffic congestion.  The district should be characterized by ample and convenient off-street parking, and safe and limited access to major streets.  Buildings and other structures within the district should be compatible with one another and with the surrounding area.

 

Based on this statement, as well as testimony received, the Commission has recommended a retail and wholesale business size cap of 30,000 square feet for an individual business, with an opportunity for an additional 5,000 square feet of stand-alone retail or wholesale business, or businesses, within the same building, for a total of 35,000 square feet of retail or wholesale business within one structure. 

 

The purpose and intent of the GC1 district is as follows:

The general commercial 1 district is intended to provide sites for businesses that require direct motor vehicle access and may require larger land area than would be needed in the central business district.  The purpose of the district is to serve the general public and to accommodate the needs of commerce.  The district is designed to provide goods and services from locations in proximity to arterials and transportation centers, and at the same time, to minimize congestion and any adverse influences on adjacent residential areas or on the appearance of the community.  Adequate site accessibility, buffers, and landscape treatment are required to minimize some of these adverse effects.  The district regulations include performance standards to minimize the nuisance characteristics of heavy commercial uses, especially where the district abuts other zoning districts.

 

Based on this statement, testimony from the public, and careful evaluation of lot sizes and accessibility, the Commission has broken the GC1 district into three distinct areas with different size caps.  For the area south of Beluga Lake, now identified as Ocean Drive GC1 the Commission has recommended a retail and wholesale business size cap of 30,000 square feet for an individual business, with an opportunity for an additional 5,000 square feet of stand-alone retail or wholesale business, or businesses, within the same building, for a total of 35,000 square feet of retail or wholesale business within one structure.  For the area east of Alder Lane, now identified as East Road GC1 and the area west of Baycrest Park, now identified as Scenic Gateway GC1, the Commission has recommended a size cap of 20,000 square feet for retail and wholesale business. 

 

The purpose and intent of the GC2 district is as follows:

a.  The purpose of the general commercial 2 districts is to promote a sound heavy commercial area within the community with good access to main roads, and to reserve land for future industrial expansion. The district is designed to permit manufacturing, processing, assembly, packaging, or treatment of products within enclosed utilities and facilities required to serve these uses.

b.  Residential uses are limited and certain retail enterprises are limited.  The district regulations include performance standards for heavy commercial uses, especially where the district abuts other zoning districts.

 

Based on this statement, testimony received and evaluation of existing GC2 lands, the Commission has recommended a retail and wholesale business size cap of 30,000 square feet for an individual business, with an opportunity for an additional 5,000 square feet of stand-alone retail or wholesale business, or businesses, within the same building, for a total of 35,000 square feet of retail or wholesale business within one structure. 

 

The purpose and intent of the Marine Commercial district is as follows:

a.  The purpose of the marine commercial zone is to provide adequate space for the commercial needs which service and support water-dependent industries and facilities; to encourage adequate separation between allied but potentially incompatible commercial and industrial uses while providing proximate locations for the mutual benefit of such water-oriented commercial and water dependent industrial uses.

b.  Commercial enterprise is permitted to the extent that it services and supports the water-dependent industries which are important to Homer’s economic base, such as fishing, marine transportation, off-shore energy development, recreation and tourism; and to the extent that location elsewhere creates unnecessary hardship for the users of such commercial services.

c. It is recognized that unique natural features of Homer’s marine environment contribute significantly to the economic and social environments, therefore performance standards are required to minimize the impact of commercial development on the natural features on which it depends.

 

The purpose and intent of the Marine Industrial district is as follows:

The purpose of the marine industrial district is to provide adequate space for those industrial uses that require direct marine access for their operation and to encourage the most efficient utilization of land.  The intention of this district is to promote those marine-dependent industries that are important to Homer’s economic base, such as fishing, fish processing, marine transportation, off-shore oil development and tourism; to give priority to those uses, and to minimize conflicts among industrial, commercial and recreational uses.

 

 

After careful consideration and evaluation the Commission has recommended a size cap for retail and wholesale business of 20,000 square feet for an individual business, with an opportunity for an additional 5,000 square feet of stand-alone retail or wholesale business, or businesses, within the same building, for a total of 25,000 square feet of retail or wholesale business within one structure for both the Marine Commercial and Marine Industrial districts.

 

Planning Commission Action

 

The proposed ordinances were available to the public for review.  Not only were they available throughout the City Hall, copies were available at kiosks where public notices are posted, and it was made available on the City’s website. 

 

The Commission held two public hearings on February 18, 2004, and February 24, 2004.  Public testimony was heard from a total of 13 individuals.  Written comments were also received from three individuals and were provided to the Commission.  The Commission carefully considered and reviewed all comments received.  On February 24, 2004 the Commission moved forward An Ordinance Of The City Council Of Homer, Alaska Amending Homer City Code Section 21.32 Definitions, Section 21.42 Zoning Permit, Section 21.48 CBD Central Business District, Section 21.49 GC1 General Commercial 1 District, Section 21.50 GC2 General Commercial District, Section 21.52 MC Marine Commercial District, Section 21.53 MI Marine Industrial District, Section 21.61 Conditional Use Permits Adding 21.61.105 Requirements For Large Retail And Wholesale Development More Than 15,000 Square Feet In Area, And Adding 21.61.110 Standards For Traffic Impact Analysis.  Further, the Homer Advisory Planning Commission recommends approval of the proposed amendments to Title 21.