CITY OF HOMER

HOMER, ALASKA

Ladd/Yourkowski/City Attorney

RESOLUTION 03-22(A)

A RESOLUTION OF THE CITY COUNCIL OF HOMER, ALASKA, DIRECTING PLANNING AND THE HOMER ADVISORY PLANNING COMMISSION TO REVIEW AND GIVE ITS RECOMMENDATIONS CONCERNING THE ATTACHED DRAFT ORDINANCE TO LIMIT THE SIZE AND DIMENSIONS OF BUILDINGS USED PRIMARILY FOR RETAIL OR WHOLESALE BUSINESS AND TO FORWARD THE PLANNING COMMISSION’S RECOMMENDATION TO THE HOMER CITY COUNCIL FOR APPROVAL AS SOON AS POSSIBLE.

WHEREAS, Ordinance 02-53(S)(A) of the City of Homer requires the developer of a large retail and wholesale structures of 30,000 or more square feet of building area to hold public meetings and to submit an impact report addressing seven conditions at the time of application for a zoning permit; and

WHEREAS, by Resolution 03-12(A) the City Council of the City of Homer set the deposit fee for a zoning permit of a large retail or wholesale structure of 30,000 square feet of building area in accordance with a progressive fee formula; and

WHEREAS, HCC 21.48.030 identifies various conditional uses and structures permitted in the Central Business District and when authorized permitted uses with structures of 8,000 square feet of building area or a building area in excess of 30% of the lot area may be approved upon condition; and

WHEREAS, the Homer Comprehensive Plan does not address building area or large retail and wholesale structures in any detail, community impact, or comprehensive manner; and

WHEREAS, the absence of clear direction in the Comprehensive Plan or City Code makes it difficult to review and evaluate large building areas in excess of 30,000 square feet in a manner which will contribute to consistent results; and

WHEREAS, Without a clear defined plan or written code addressing a large retail and wholesale building size cap, the potential impact of very large retail or wholesale structure may have a significant unmitigatable adverse impact on the character and culture of the community resulting in vacant storefronts, a loss of “critical mass” within the community, and an adverse psychological, visual and economic climate; and

Page Two

Resolution 03-22(A)

City of Homer

WHEREAS, The City of Homer finds it is advisable to consider whether an ordinance to limit the size and dimensions of buildings used for retail and wholesale business will create a more stable City environment and reduce the risk of the social, economic and other problems referred to above.

NOW, THEREFORE, BE IT RESOLVED by the Homer City Council that:

1. The Planning Department and the Homer Advisory Planning Commission are requested pursuant to HCC §21.70.020 to review and give their recommendations concerning the attached draft ordinance to limit the size and dimensions of buildings used for retail and wholesale business and to forward their recommendation to the Homer City Council for approval as soon as possible, and
2. Further, the Planning Department and the Homer Advisory Planning Commission are requested to consider requiring a developer of a retail and wholesale business of 15,000 square feet or more of building area to conduct community meetings and to submit an impact report at time of application for a zoning permit as is presently required for structures of 30,000 square feet or more.

BE IT FURTHER RESOLVED that the Draft Ordinance is to include the following amendment: Under subsection (d) throughout all parts of the draft: The Present #3 will become #4 and place the following statement as a new #3. A group of contiguous or connected buildings situated upon a single tract or contiguous tracts of land under the same ownership shall be combined for purposes of these limitations. Present #4 will become #5. This amendment will change the wording on pages 3-6, 8,10 -14.

PASSED AND ADOPTED BY THE HOMER CITY COUNCIL this 10th day of February, 2003.

CITY OF HOMER

Jack Cushing, Mayor

ATTEST:

Mary L. Calhoun, City Clerk

Fiscal Impact: Not identified.