MAYOR AND LADD
CITY OF HOMER
HOMER, ALASKA
ORDINANCE 02-53 (S)(A)
AN
ORDINANCE OF THE CITY OF HOMER IMPOSING A TEMPORARY SIX MONTH MORATORIUM ON
APPLICATIONS FOR PERMITTED RETAIL AND WHOLESALE STRUCTURES IN EXCESS OF 30,000
SQUARE FEET OF BUILDING AREA AND TO REQUIRE DIRECTING PLANNING
TO WORK WITH THE HOMER PLANNING COMMISSION TO INITIATE A REVIEW DEVELOP
PROCEDURES AND STANDARDS TO BE FOLLOWED
FOR THE DEVELOPMENT OF LARGE RETAIL AND WHOLESALE STRUCTURES OF 30,000
OR MORE SQUARE FEET OF BUILDING AREA AND TO REGARDING ASSESS THE COMPATIBILITY OF
RETAIL AND WHOLESALE STRUCTURES OF THIS SIZE WITH THE HOMER COMPREHENSIVE PLAN
AND ZONING REGULATIONS AND TO REPORT TO THE CITY COUNCIL REGARDING
RECOMMENDATIONS WITHIN SIX MONTHS.
WHEREAS, the purpose of the Homer Comprehensive Plan is to provide general guidelines for the growth and development of the community, and
WHEREAS, one of the objectives identified in the plan with respect to business and commercial land use in the city is to promote a safe, attractive, and easily accessible business core for visitors and residents alike, and
WHEREAS, the plan encourages beautification and retention of natural vegetation in the commercial and business core of the city; and
WHEREAS, the plan identifies limited useable land for warehouse type light industrial uses in the city and a concern for the potential of increasing land use conflicts between residential and such warehouse/light industrial type uses, and
WHEREAS, the plan identifies natural resources, such as wildlife, woodlands, and scenic resources as important to the city and encourages development that preserves important positive natural features, and
WHEREAS, it is an overall goal of community planning that structures and uses be compatible with neighboring structures, uses, and the natural environment; and
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Ordinance 02-53(S)(A)
City of Homer
WHEREAS, nationwide there is a trend to establish retail and wholesale and commercial businesses in very large structures, often warehouse-like in appearance and function, with accompanying very large parking lots, and
WHEREAS, such very large structures and parking lots may be incompatible in many ways with the existing uses, structures, and natural environment in Homer, and
WHEREAS, very large structures and parking areas should be subject to public review and designed to lessen their visual impact, perhaps by the use of buffers and landscaping or other methods, and
WHEREAS, uses, such as very large retail and wholesale establishments, that will generate a large amount of traffic will create extra stress on the public and public facilities, and should be subject to public review, and
WHEREAS, the Homer City Code does not currently contain sufficient regulations and procedures to provide for adequate review, approval, and control of proposals involving very large structures of this type, and
WHEREAS, the Homer Comprehensive Plan does not address very large business or retail and wholesale structures in a detailed or comprehensive manner, and
WHEREAS, the absence of clear direction in the plan or city code makes it difficult to review and evaluate large building areas in a manner which will contribute to consistent, compatible, and harmonious results, and
WHEREAS, without a clearly defined plan, written code, and conditions addressing large structures, it is possible that projects could be reviewed and approved or disapproved in a manner not consistent with Homer’s long-term needs and goals as identified in the Homer Comprehensive Plan, and
WHEREAS, a temporary moratorium on large building areas greater than 30,000 square feet would provide an opportunity for the citizens of Homer, acting through elected and appointed officials, to evaluate and consider amending Homer City Code to address the impacts and concerns associated with very large structures, and
WHEREAS, the Homer City Council also finds that a temporary moratorium upon permitting very large retail and wholesale buildings will leave owners of land with a wide variety of permitted and conditional uses as development options that are unaffected by the imposition of the proposed moratorium, and
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Ordinance 02-53(S)(A)
City of Homer
WHEREAS, the City of Homer finds that adopting a temporary moratorium upon building areas greater than 30,000 square feet in Homer will create a more stable environment during the moratorium period so that revisions or additions to city code can be formulated, considered and adopted in an orderly and thorough manner.
NOW THEREFORE, THE CITY OF HOMER HEREBY ORDAINS:
Section
1. That the uncodified law of the City of Homer is amended to include the
following:
Temporary
Moratorium Upon Large Retail and Wholesale Structures Greater
than 30,000 Square Feet. Temporary development procedures and
standards for large retail and wholesale structures of 30,000 square feet or
more.
(A) For purposes of this ordinance “very large retail and wholesale structure” means any structure or combination of connected structures greater than 30,000 square feet in building area (see HCC 21.32.065) that includes one or more retail and wholesale businesses.
(B) No
person shall construct any very large retail structure anywhere in the
city. This ordinance applies
to all zoning districts within the City.
(C) The
City and the Planning Commission shall not accept, review, continue to review,
or grant any applications or permits for any very large retail and
wholesale structures. Any
large store application submitted to the City prior to Planning and Planning
Commission submitting recommendations required by this ordinance to the Council
and prior to the Council approval of said recommendations will be required to:
(1) conduct early
developer-community meeting scheduled
and publicized in cooperation with the City, and
(2) include an impact
report addressing items 1 - 7 identified in (D).
(D)The City Council or Planning
Commission shall not hold any public hearings upon any applications that
incorporate in whole or in part proposals to construct or operate one or more
very large retail and wholesale structures. (D) The
Planning Director, working with the Planning Commission, shall immediately
initiate necessary steps to be followed for the development of retail and
wholesale structures of 30,000 or more square feet of building area and
identify a process required for early development-community meetings as a part
of the large structure application process. At the time of application, the
developer will submit an impact report including, but not limited to:
(1) compatibility
of structure to small-city atmosphere presently enjoyed in Homer,
(2)
impact of structure on vehicular flow, parking, and emergency services,
(3) cost
impact to City services: police, fire and emergency,
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Ordinance 02-53(S)(A)
City of Homer
(4)
assess environmental impact and potential costs resulting from both waste
water, surface water run-off, and lighting,
(5)
impact to community to include potential public and private
employment/unemployment, City revenue gained/lost, and ramifications to
presently established business,
(6)
feasibility study addressing potential use of comparably-sized, vacant
structure(s) existing in Homer, and
(7) impact to
neighboring residences.
In
addition, Planning and Planning Commission shall submit one or more reports to
the City Council in writing within six months of approval of this ordinance
containing such recommendations, as it deems appropriate for amendments to the
Homer Zoning Ordinance or other land use regulations of the City.
(D) The provisions of this ordinance shall apply to applications currently pending before the City as of the effective date of this ordinance as well as applications filed after that date.
(E) The Planning
Commission shall take such steps as it deems necessary to determine whether the
City of Homer Comprehensive Plan should be amended to address issues raised by
large structures and commercial development in and around Homer and to initiate
such plan amendments. In addition, the
Planning Commission shall submit one or more reports to the City Council in
writing within four six months of approval of this
ordinance containing such recommendations, as it deems appropriate for
amendments to the Homer Zoning Ordinance or other land use regulations of the
City.
(F) Absent
further action by the City Council, the provisions of this ordinance shall
lapse and be of no further effect as of four six months
after the effective date of this ordinance.
Section 2. This ordinance is of a temporary nature and shall not be included
in the City Code.
Section 3. Until such time as this ordinance is no longer in effect, all
present and future applicants for any permit for a very large retail and
wholesale structure shall be provided a copy of this ordinance.
ENACTED BY THE CITY COUNCIL
OF THE CITY OF HOMER, ALASKA, this 13th day of
January, 2003.
CITY OF HOMER
Jack Cushing, Mayor
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Ordinance 02-53(S)(A)
City of Homer
ATTEST
Mary L. Calhoun, CMC, City Clerk
AYES: -4-
NOES: -1-
ABSTAIN: -0-
ABSENT: -1-
First Reading: 12/09/02
Public Hearing: 01/13/03
Second Reading: 01/13/03
Effective Date: 01/14/03
Reviewed and approved as to form:
Ron Drathman Gordon J. Tans
City Manager City Attorney
Fiscal Note: Not identified.