DOC ORDINANCE 08-30(S) (00025774).DOC

AN ORDINANCE AMENDING THE HOMER ZONING CODE TO CHANGE SIZE LIMITATIONS ON WHOLESALE AND RETAIL STRUCTURES IN THE CBD, TCD, GC1 AND GC2 ZONING DISTRICTS.

WHEREAS, Since the time Ordinance 04-11(A) was first under consideration there has been ongoing public discourse, debate, and disagreement on the size limitations, if any, that should be imposed on retail and wholesale structures in Homer; and

WHEREAS, Size limits on such structures have been fixed or changed by at least four different ordinances since the beginning of 2004, and have recently been revised again as a result of the invalidation of two of those ordinances by the decision in Griswold v City of Homer (Alaska Supreme Court, June 20, 2008); and

WHEREAS, Now that there are no pending initiative ordinances, no pending litigation over the validity of ordinances, and no pending applications for any store that would be likely be adversely affected by changes in the size limitations, now is a good opportunity for the Planning Commission and City Council to consider the issues afresh and establish size limitations that at this time strike the best balance of the many and sometimes competing community interests and needs; and

WHEREAS, The City Council concludes the size limitations adopted by this ordinance best strike such a balance for the community's good, and now adopts these limitations to implement and further the various goals and objectives of the Homer Comprehensive Plan;. and ~~; now therefore,~~

WHEREAS, In the intervening years since the concept of size limitations was introduced, local merchants have grown their businesses and now have facilities close to, or exceeding, current ordinance limits; and

WHEREAS, Current ordinance size limits may soon impede the growth of local businesses; and

WHEREAS, Current ordinance size limits do not adequately allow for the in-depth multi-department retail store convenience favored by many citizens; and

WHEREAS, The Homer Comprehensive Plan states: Guide growth and development in areas planned or zoned Central Business District (CBD) to provide a centrally located business/commercial area and focal point for the community; and

WHEREAS, Allowing larger size major retail operations in the CBD will help maintain the focus of such activities in the CBD; and

WHEREAS, The Homer Comprehensive Plan states: Assess the efforts that could be undertaken by the City to keep major business activities in the CBD; and

WHEREAS, Large retail/wholesale facilities are major business activities and should, with proper development guidelines, be allowed flourish in the CBD; and

WHEREAS, The Town Center Development Plan recognizes the value of a large retail/wholesale facility in creating the economic backbone for developing a dynamic Town Center district; and

WHEREAS, The Homer Comprehensive Plan directs that the City shall: Provide for areas within the Homer City limits that encourage and promote businesses with industrial uses; and

WHEREAS, Local experience demonstrates that sizeable retail/wholesale facilities located in close proximity are needed to support our marine and industrial uses; and

WHEREAS, The City Council concludes the size limitations adopted by this ordinance best strike a balance for the community's good, and now adopts these limitations to implement and further the various goals and objectives of the Homer Comprehensive Plan.

THE CITY OF HOMER HEREBY ORDAINS:

Section 1. Homer City Code § 21.48.040 concerning dimensional requirements in the Central Business District shall be amended to read as follows:

21.48.040 Dimensional requirements. The following dimensional requirements shall apply to all uses in the central business district unless otherwise provided in chapter 21.61 or approved by variance as provided by conditional use permit in HCC Chapter 21.62:

a. Lot size.

1. The minimum lot area shall be six thousand square feet. Already existing smaller lot sizes are approved subject to the provision of off-site parking as specified in the City parking ordinance;

2. Multiple family dwelling containing three or more units shall meet the standards in HCC 21.45.040(a)(2), unless otherwise specified in conditional use permits, HCC Chapter 21.61;

3. Townhouses shall meet the standards in HCC 21.61.070, unless otherwise specified in conditional use permits, HCC Chapter 21.61.

b. Building Setbacks.

1. Buildings shall be setback 20 feet from all dedicated right-of-ways, except as allowed by subsection (4).

2. Commercial buildings shall be set back five feet from all other lot boundary lines except the minimum setback shall be two feet from all other boundary lines when firewalls are provided and access to the rear of the building is otherwise provided (e.g., alleyways) as defined by the State Fire Code and enforced by the State Fire Marshal;

3. Residential buildings shall be set back five feet from all other lot boundary lines.

4. If approved by a conditional use permit, the setback from a dedicated right of way, except from the Sterling Highway or Lake Street, may be reduced. Alleys are not subject to a 20 foot setback requirement.

5. The setback requirements from any lot line abutting an alley will be determined by the dimensional requirements of subparagraphs (1) and (2) above.

c. Building Height. The maximum building height shall be thirty-five feet.

d. No lot shall contain more than 8,000 square feet of building area, nor shall any lot contain building area in excess of 30 percent of the lot area, without an approved conditional use permit.

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 ~~[4~~5,000~~] ~~66,~~~~~~000~~ 75,000 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).

f. Sign Area. Sign Area shall include the area of any tenant-specific motifs or architectural devices including, but not limited to, roof forms, canopies, awnings, building color or finish, striping or color bars. The entire area of backlit awnings with translucent material shall be counted as a sign area.

Section 2. Homer City Code § 21.20.040 concerning dimensional requirements in the Town Center District shall be amended to read as follows:

21.20.040 Dimensional requirements. The following dimensional requirements shall apply to all uses in the Town Center District:

a. Lot size.

1. The minimum lot area shall be six thousand square feet.

b. Building Setbacks. Buildings shall be set back from lot boundaries and street rights-of way as follows:

1. All buildings must be set back from the Sterling Highway right-of-way by 20 feet or more, without exception.

2. From all other street rights-of-way, all buildings must be set back not less than 10 and not more than 20 feet, except as allowed by subsection (b)(4).

3. All buildings must be set back five feet from all other lot boundary lines, except the minimum set back shall be two feet from all other boundary lines when approved by the State Fire Marshal.

4. If approved by a conditional use permit, the distance for a required set back from a street right-of-way, except the Sterling Highway right-of-way, may be reduced or increased.

5. Alleys are not subject to the set back requirements of subsections 1 and 2. All buildings must be set back at least five feet from alley rights-of-way, without exception.

6. Any attached or detached accessory building shall maintain the same yards and setbacks as the main building.

c. Building Height.

1. The maximum building height shall be thirty five feet, except as provided in subsection 2.

2. Where a suitable fire suppression system is provided a building may exceed 35 feet in height, if and to the extent approved by a conditional use permit.

d. No lot shall contain more than 8,000 square feet of building area (all buildings combined), nor shall any lot contain building area in excess of 30 percent of the lot area, without an approved conditional use permit.

e. Building Area and Dimensions Retail and Wholesale.

1. The total floor area of retail and wholesale business uses within a single building shall not exceed ~~66,000~~ 75,000 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 (e)(1), and no nonconforming use or structure may be expanded in any manner that would increase its nonconformance with the limits of subparagraph (e)(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~~ 75,000 square feet of footprint area.

Section 32. Homer City Code § 21.49.040 concerning dimensional requirements in the General Commercial 1 District is hereby amended to read as follows:

21.49.040 Dimensional requirements. The following dimensional requirements shall apply to all uses in the general commercial 1 district, unless otherwise provided in Chapter 21.62.

a. Lot Size. The minimum lot size shall be ten thousand square feet.

b. Building Setbacks.

1. Twenty feet from all dedicated right-of-ways. Alleys are not subject to a 20 foot setback requirement. The setback requirements from any lot line abutting an alley will be determined by the dimensional requirements of subparagraphs (2) and (3) below;

2. Buildings shall be set back five feet from all other lot boundary lot lines unless adequate firewalls are provided and adequate access to the rear of the building is otherwise provided (e.g., alleyways) as defined by the State Fire Code and enforced by the State Fire Marshal;

3. When the side of rear lot lines abut land within a residential district and when yard areas are to be used for parking loading, unloading or servicing, then the side and rear yard areas shall be effectively screened by a wall, fence, or other sight-obscuring screening. Such screening shall be of a height adequate to screen the enclosed parking, loading or servicing activity.

c. Building Height. The maximum building height shall be thirty-five feet.

d. No lot shall contain more than 8,000 square feet of building area, nor shall any lot contain building area in excess of 30 percent of the lot area without an approved conditional use permit.

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 exceed ~~35,000~~ ~~66,000~~ 75,000 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 ~~[5~~5,000~~~~] ~~66,000~~ 75,000 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 exceed ~~25,000~~ 35,000 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).

Section 43. Homer City Code § 21.50.050 concerning dimensional requirements in the General Commercial 2 District is hereby amended to read as follows:

21.50.040 Dimensional requirements. The following dimensional requirements shall apply to all uses in the General Commercial 2 District, unless otherwise provided in HCC Chapter 21.61 or as provided in HCC Chapter 21.62:

a. Lot Size. The minimum lot size shall be ten thousand square feet.

b. Building Setbacks.

1. Twenty (20) feet from all dedicated right-of-ways. Alleys are not subject to a 20 foot setback requirement. The setback requirements from any lot line abutting an alley will be determined by the dimensional requirements of subparagraph (2) below.

2. Buildings shall be set back ten (10) feet from all other lot boundary lot lines.

c. Building Height.

1. The maximum building height shall be thirty-five (35) feet.

2. If approved by conditional use permit buildings up to 55 feet in height may be allowed.

d. No lot shall contain more than 8,000 square feet of building area, nor shall any lot contain building area in excess of 30 percent of the lot area without an approved conditional use permit.

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~~ 75,000 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).

Section 54. 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 _______________________, 2008.

CITY OF HOMER

_____________________________
JAMES C. HORNADAY, MAYOR

ATTEST:

______________________________
JO JOHNSON, CMC, CITY CLERK

AYES:

NOES:

ABSTAIN:

ABSENT:

First Reading:

Public Reading:

Second Reading:

Effective Date:

Reviewed and approved as to form:

Walt Wrede, City Manager Thomas F. Klinkner, City Attorney

Date: _______________________ Date: _______________________