CITY OF HOMER

HOMER, ALASKA

McLay/Wythe

ORDINANCE 05-02

AN ORDINANCE OF THE CITY COUNCIL OF HOMER, ALASKA AMENDING HOMER CITY CODE CHAPTERS 21.32 DEFINITIONS TO ADD A NEW SECTION 21.32.208 FOOTPRINT AREA, AMENDING CHAPTERS 21.48 CENTRAL BUSINESS DISTRICT, 21.49 GENERAL COMMERCIAL ONE DISTRICT AND 21.50 GENERAL COMMERCIAL TWO DISTRICT, BUILDING AREA AND DIMENSIONS, TO INCREASE THE ALLOWABLE AREA OF BUILDINGS USED FOR RETAIL AND WHOLESALE BUSINESS TO 66,000 SQUARE FEET.

WHEREAS, The City considered building standards and limits on store sizes for over 24 months, including extensive consideration by a task force in the Spring of 2003, extensive consideration by the Homer Advisory Planning Commission from March 2003 to August 2004, and extensive consideration by the City Council during the same 24-month period, and

WHEREAS, The Task Force, the Commission, and the Council held over a dozen public hearings over those 24 months on the standards and size limits and the issue received extensive participation by the public and extensive media coverage, and

WHEREAS, The City Council has already received the Planning Commission's recommendations concerning the size limits of wholesale and retail stores in the affected districts; and

WHEREAS, The City Council was split 4-2 on the size limits, and

WHEREAS, In culmination of this zoning ordinance process an initiative was circulated and was passed by the voters to amend the size limits, and

WHEREAS, The intent of the voters was clear, but because the initiative was started before the size limit Code sections were changed and adopted, an adjustment in Code sections is thereby required to properly convey the will of the voters, this ordinance is necessary to implement the will of the voters; and

WHEREAS, This Ordinance is necessary to implement the will of the voters.

NOW, THEREFORE, THE CITY OF HOMER HEREBY ORDAINS:

Section 1. Homer City Code Chapter 21.32 is hereby amended by creating a new section 21.32.208 to read as follows:

21.32.208. Footprint area. "Footprint area" means the total area occupied by a building, taken on a horizontal plane at the main grade level, exclusive of steps and any accessory buildings.

Section 2. Homer City Code Chapter 21.48, Central Business District, Subsection 21.48.040(e)(1) Building Area and Dimensions - Retail and Wholesale, shall be amended to read as follows:

e. Building Area and Dimensions - Retail and Wholesale.

1. The total square feet of floor area of retail and wholesale business uses within a single building shall not shall not exceed 45,000 66,000 square feet.

2. No conditional use permit, Planned Unit Development, or variance may be granted that would allow a building to exceed the limits of subparagraph (1) and no nonconforming use or structure may be expanded in any manner that would increase its nonconformance with the limits of subparagraph(1).

3. Any building the main use of which is retail business, wholesale business, or a combination of the two shall not exceed 66,000 square feet of footprint area.

Section 3. Homer City Code Chapter 21.49, General Commercial One District, Subsection 21.49.040(e)(1)(2) and (3) Building Area and Dimensions - Retail and Wholesale, shall be amended to read as follows:

e. Building Area and Dimensions - Retail and Wholesale.

1. In that area south of Beluga Lake, identified as the Ocean Drive GC1: The total square feet of floor area of retail and wholesale business uses within a single building shall not exceed35,000 66,000 square feet.

2. In that area east of Alder Lane, identified as the East End Road GC1: the total square feet of floor area of retail and wholesale business uses within a single building shall not shall not exceed 55,000 66,000 square feet.

3. In that area west of Baycrest Park, identified as Scenic Gateway GC1: the total square feet of floor area of retail and wholesale business uses within a single building shall not exceed25,000 66,000 square feet.

4. No conditional use permit, Planned Unit Development, or variance may be granted that would allow a building to exceed the limits of these subparagraphs (1,2 and 3) and no nonconforming use or structure may be expanded in any manner that would increase its nonconformance with the limits of subparagraphs(1,2 and 3).

5. Any building the main use of which is retail business, wholesale business, or a combination of the two shall not exceed 66,000 square feet of foot print area.

Section 4. Homer City Code Chapter 21.50, General Commercial Two District, Subsection 21.50.040(e)(1) Building Area and Dimensions - Retail and Wholesale, shall be amended to read as follows:

e. Building Area and Dimensions - Retail and Wholesale.

1. The total square feet of floor area of retail and wholesale business uses within a single building shall not exceed 45,000 66,000 square feet.

2. No conditional use permit, Planned Unit Development or variance may be granted that would allow a building to exceed the limits of subparagraph (1) and no nonconforming use or structure may be expanded in any manner that would increase its nonconformance with the limits of subparagraph(1).

3. Any building the main use of which is retail business, wholesale business, or a combination of the two shall not exceed 66,000 square feet of footprint area.

Section 5. This ordinance is of a permanent and general character and shall be included in the City Code.

ENACTED BY THE CITY COUNCIL OF THE CITY OF HOMER, ALASKA this ______ day of _________________, 2005.

CITY OF HOMER

__________________________

JAMES C. HORNADAY, MAYOR

ATTEST:

____________________________________

MARY L. CALHOUN, CMC, CITY CLERK

Introduction:

Public Hearing:

Second Reading:

Effective Date:

Ayes:

Noes:

Abstain:

Absent:

Reviewed and approved as to form and content:

___________________________ ___________________________

Walt E. Wrede City Manager Gordon Tans, City Attorney

Date Date

Fiscal Note: NA.