CITY OF HOMER
HOMER, ALASKA
Kranich/Ladd
ORDINANCE 03-43(A)
AN ORDINANCE OF THE CITY COUNCIL PLACING A BALLOT MEASURE ADDRESSING THE ISSUE OF LIMITING THE SIZE
AND DIMENSIONS OF BUILDINGS USED PRIMARILY FOR RETAIL OR WHOLESALE BUSINESS ON THE OCTOBER 7, 2003
GENERAL MUNICIPAL ELECTION.
WHEREAS, Ordinance 03-25(S)(A), an ordinance to limit the size and dimensions of buildings used primarily for retail and wholesale business throughout the districts and non zoned areas within the City of Homer, has received considerable testimony at public hearings, recommendation from the Homer Advisory Planning Commission, and discussion among City Councilmembers during Council meetings; and
WHEREAS, The Homer Citizens Survey conducted in 2002 included many questions related to the life of residents in the community; and
WHEREAS, 58% of survey respondents rated "shopping opportunities" in Homer as poor; and
WHEREAS, The City of Homer has been approached by property owners and businesses proposing the establishment of large retail buildings from 40,000 to 94,000 square feet; and
WHEREAS, Through the Homer Citizens Survey, 56% of responding residents agreed that the City should support bringing in large franchise
stores; and
WHEREAS, The preponderance of public testimony at Homer Advisory Planning Commission and Homer City Council meetings regarding
large retail and wholesale buildings supports limiting such structures to 20,000 square feet; and
WHEREAS, There is a conflict between public testimony, results of the Citizens Survey, and informal and confidential citizen communication
with some Councilmembers; and
WHEREAS, The Homer Advisory Planning Commission and the Homer City Council have referenced the Homer Comprehensive Plan and City
Code regarding the suitability of large buildings in various districts within the City, and this plan contains statements that can be used to either
support or not support very large stores; and
WHEREAS, The Homer City Council believes and has the desire to plan and act in accordance with the will of the residents of the City of Homer, and through public testimony it has been suggested that this issue be resolved by a vote of the people, and
Page Two
Ordinance 03-43(A)
City of Homer
NOW, THEREFORE, THE CITY OF HOMER ORDAINS THAT:
Section 1. The following advisory questions about size limits on buildings in Homer are to be submitted to the voters at the next Regular, General Municipal Election, October 7, 2003:
ADVISORY QUESTIONS ABOUT SIZE LIMITS ON BUILDINGS IN HOMER
The Homer City Council is considering a proposed ordinance that would place limits on the size of buildings used for retail and wholesale
businesses in all zoning districts of the City where such businesses are allowed. The City Council asks for your advisory vote on the following
questions relating to the proposed ordinance:
1. Should the City Council enact an ordinance that would place maximum size limits on the size of buildings used for retail and wholesale business?
Yes___ No___
2. If an ordinance limiting the size of such buildings is enacted, and the choice of size limitations is either 20,000 square feet or 40,000 square feet, which size limit should be enacted?
20,000 sq. ft.___ 40,000 sq. ft.___
3. If a size limitation of 20,000 square feet is enacted, should the City Council also enact a provision that would allow a building to exceed that
size if it meets certain conditions and standards intended to minimize the negative impacts that a larger structure might have on the community?
Yes__ No___
4. If a size limitation of 40,000 square feet is enacted, should the City Council also enact a provision that would allow a building to exceed that
size if it meets certain conditions and standards intended to minimize the negative impacts that a larger structure might have on the community?
Yes__ No___
5. Should conditions and standards intended to minimize negative impacts be extended to all buildings used for all purposes? If such building size limitations are enacted, should the limits extend to all buildings used for all purposes (not limited to retail and wholesale business)?
Yes___ No___
Section 2. This ordinance is a non code ordinance and is for the purpose of placing a ballot measure addressing the issue of limiting the size and
dimensions of buildings used primarily for retail or wholesale business on the October 7, 2003 General Municipal Election.
Page Three
Ordinance 03-43(A)
City of Homer
ENACTED BY THE CITY COUNCIL OF THE CITY OF HOMER, ALASKA, this __________ day of ______________________, 2003.
CITY OF HOMER
_______________________________
Jack Cushing, Mayor
ATTEST:
___________________________
Mary L. Calhoun, City Clerk
AYES:
NOES:
ABSTAIN:
ABSENT:
First Reading: 07/28/03
Public Hearing: 08/11/03
Second Reading: 08/11/03
Effective Date: 08/12/03
Reviewed and approved as to form:
_____________________________ ___________________________
Walter E. Wrede Gordon J. Tans
City Manager City Attorney
_______________________________________________________________________________
Reviewed with G. Tans, 7/2/03