City of Homer

Planning & Zoning           Telephone        (907) 235-3106

491 East Pioneer Avenue                      Fax                  (907) 235-3118

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

                                                            Web Site          www.ci.homer.ak.us

M E M O R A N D U M       08-123

 

TO:                  MAYOR HORNADAY AND HOMER CITY COUNCIL

                        WALT WREDE, CITY MANAGER

 

FROM:            RICK ABBOUD, CITY PLANNER

 

DATE:             August 29, 2008

 

SUBJECT:       Ordinance 08-30(S), Of the City Council of Homer, Alaska Amending Homer City Code to change size limitations on wholesale and retail structures in the CBD, GC1, and GC2 zoning districts.

 

Introduction: 

 

Draft Ordinance 08-30(s), sponsored by Councilwomen Howard, was provided to the HAPC for a recommendation.  There were public hearings held at both the August 6th and August 20th HAPC meetings.    

 

Discussion:

 

No one spoke and no discussion was held at the August 6th meeting. One citizen spoke at the August 20th meeting and questioned the need to put a finite square footage limit to commercial structures, citing that current development regulation adequately addressed the issue. A discussion of the HAPC ensued, in summary; the HAPC voted 5-1 to not impose size limitations, finding that 75,000 square feet was an arbitrary number and existing regulations adequately addressed their concerns relating to large commercial development.

 

Recommendation:

 

The Homer Advisory Planning Commission recommends the Homer City Council adopt the ordinance with removal of size limitations.

 

Excerpts from the August 6, 2008 approved minutes and the August 20, 2008 unapproved minutes in regards to subject and findings:

 

August 06, 2008 Approved Minutes

 

A.       Staff Report PL 08-81, Ordinance 08-30(S), An Ordinance Amending the Homer Zoning Code to Change Size Limitations on Wholesale and Retail Structures in the CBD, GC1, and GC2 Zoning Districts

 

City Planner Abboud reviewed the staff report.

 

Chair Kranich noted there will be a second public hearing on August 20th, and opened the Public Hearing.

 

There were no public comments.

 

Chair Kranich closed the public hearing.

 

There were no commission comments.

 

August 20, 2008 Unapproved Minutes

 

A.       Staff Report PL 08-87, Ordinance 08-30(S), An Ordinance Amending the Homer Zoning Code to Change Size Limitations on Wholesale and Retail Structures in the CBD, GC1 and GC2 Zoning Districts Box Store Ordinance

 

City Planner Abboud reviewed the staff report.

 

Chair Minsch opened the public hearing.

 

Kevin Hogan, City resident, commented that they need to watch out for unintended consequences. He thinks we all realize what drove the size limitations in the first place, the big box store issue. He thinks right now this is a self-limiting defacto limitation on size with the 30% foot print, as there are not very many lots in the districts that can accommodate a huge building, unless you start combining lots. We don’t know what we could need in the future, it might be a high school or a super sized hospital, he doesn’t think size limits are something that need to be on the books at all. It was successful in keeping out Fred Meyer, but maybe that isn’t what the community wanted. He would prefer that there isn’t a size limit at all and they go with the 30% lot usage. His concern is what if this is put in and then something comes along that we haven’t thought about. We need something that is a huge building. If we don’t need it, don’t do it.

 

Barbara Howard, City Council member, commented that we have some tidy up work to do as a result of the lawsuit. We put in place ordinances that take us back to square one. The ordinance before the Commission tonight is to take it to where we were prior to where we were before the supreme the court ruling, except town square was not included because it was not part of the lawsuit.

 

Commissioner Kranich asked if they feel that by increasing the rest of the CBD, GC1, and GC2 to 75,000 square feet it is appropriate to leave the town square at 66,000 square feet. Councilmember Howard responded that it seems appropriate to leave it based on the overall concept. She believes that there are some large businesses in town that are at or near their allowable square footage now and if we are trying to encourage further development in our community of our existing business it would probably be a friendlier environment to work with the City if there was some leeway in square footage. She compared it to the speed limit, you don’t have to go to 75, you just can’t go past it.

 

Commissioner Storm questioned why 75,000 square feet was chosen. Councilmember Howard responded that there was no specific purpose behind the number, but it would allow 9,000 or 10,000 square feet remodel capabilities to some of the existing stores that are getting close to their max. Safeway or Ulmer’s for example. She expressed that there is some merit to Mr. Hogan’s point about the percentage for the footprint. Her goal was to get it back where we were and bump it up a little bit. She is eager to hear the Commission’s discussion and what they find is the best thing to do at this time.

 

There were no more public comments. Chair Minsch closed the public hearing.

 

Question was raised regarding the size of Safeway and Ulmer’s. Planning Technician Engebretsen said she thinks they are at about 30,000 square feet. Kachemak Gear Shed is larger at about 40,000 square feet.

 

STORM/KRANICH MOVED TO APPROVE ORDINANCE 08-30(S) AND FORWARD TO COUNCIL FOR ADOPTION.

 

Commissioner Storm expressed her support for the ordinance and her reason for not taking out the size limitation is 75,000 square feet is a lot of space for a town the size of Homer. Also if you take out the size limitations there is the possibility of someone coming in a buying up quite a number of lots and removing the lot lines and getting around size limitations.

 

Commissioner Kranich commented if we were to look at 2 acres with the 30% coverage limitation it would be around 28,000 square feet. To have the parking associated with something 75,000 square feet; the property would have to be 6 to 7 acres to accommodate the parking. He doesn’t know if it would work based on 30% if we get rid of the size limit we may have to rethink the coverage percentage and it may be upward of 30%.

 

Commissioner Sinn questioned if this is adopted what will it take to increase it in the future if it is necessary. He expressed concern that if we lock ourselves into a number it may be difficult to increase the number in the future.

 

Planning Technician Engebretsen clarified that the 30% lot coverage in the business district triggers a conditional use permit, it is not a size cap. The only limitation in code is the 66,000 square feet.

 

There were no further comments Chair Minsch asked for a role call.

 

VOTE: YES: STORM

          NO: BOS, MINSCH, MOORE, KRANICH, SINN

 

Motion failed.

 

Chair Minsch noted that they need to adopt findings to support the action. She called for a short break at 7:30 p.m. The meeting resumed at 7:32.

 

SINN/BOS MOVED TO ADOPT A FINDING IT IS NOT APPROPRIATE TO HAVE A SPECIFIC SQUARE FOOTAGE ON A BUILDING, AS 75000 SQUARE FEET IS AN ARBITRARY NUMBER.

 

There was no discussion.

 

VOTE: YES: MOORE, MINSCH, KRANICH, SINN, BOS

          NO: STORM

 

Motion carried.

 

KRANICH/BOS MOVED TO ADD A FINDING THAT THE HOMER ADVISORY PLANNING COMMISSION RECOMMENDS THAT THE HOMER CITY COUNCIL DELETE ALL REFERENCE TO SQUARE FOOT SIZE LIMITS FOR LARGE RETAIL/WHOLESALE IN ALL ZONES. ALLOW THE FREE MARKET TO DETERMINE ANY SIZE RESTRICTIONS, UTILIZE THE COMMUNITY DESIGN MANUAL, DEVELOPMENT ACTIVITY PLAN, STORM WATER PLAN, AND THE REQUIREMENTS FOR TRAFFIC IMPACT ANALYSIS GUIDE THE DEVELOPMENT IN HOMER.

 

There was no discussion.

 

VOTE: YES: MOORE, SINN, KRANICH, BOS

          NO: STORM, MINSCH

 

Motion carried.

 

Chair Minsch asked if the Commission wanted to adopt any staff findings that support the comprehensive plan.

 

KRANICH/SINN MOVED TO ADOPT FINDING 1.

Large retail is associated with the creation of year-round employment which supports the goal listed in the Homer Comprehensive Plan Update (HCPU) (p.9).

 

There was no discussion.

 

VOTE: YES: MINSCH, KRANICH, SINN, BOS, MOORE

          NO: STORM

 

Motion carried.

 

The Commission reviewed code relating to finding 3.

 

KRANICH/MOORE MOVED TO ADOPT FINDING 3.

Chapter 21.57 of the HCC adequately regulates impacts of large retail centers thus, improves the attractiveness and usability of the business core (HCPU, p.2).

 

There was no discussion.

 

VOTE: YES: SINN, BOS, MINSCH, MOORE, KRANICH

          NO:  STORM

 

Motion carried.

 

There were no more findings proposed.

 

Chair Minsch entertained a motion to suspend the rules and postpone this item until Commissioner Zak returns.

 

KRANICH/STORM SO MOVED.

 

There was no discussion.

 

VOTE: NON OBJECTION: UNANIMOUS CONSENT.

 

The Commission discussed their new business and informational items.

 

Chair Minsch called for a recess at 7:51 p.m. The meeting resumed at 7:59 p.m. She noted for the record that Commissioner Zak returned.