HomeMy WebLinkAboutResolution No. PZ2014-08thecifJuf
KENAI. ALASKA
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CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ14-08
GROUP CARE FACILITIES
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF
KENAI, ALASKA, RECOMMENDING TO THE COUNCIL THE ENACTMENT OF KMC
14.20.171 ESTABLISHING A PROCESS FOR THE REGULATION OF GROUP CARE
FACILITIES WITHIN THE CITY OF KENAI, AMENDING THE LAND USE TABLE IN KMC
14.22.010 TO PROVIDE FOR GROUP CARE FACILITIES AND AMENDING 14.20.320
TO INCLUDE DEFINITIONS OF GROUP CARE FACILITIES.
WHEREAS, the City of Kenai has enacted the Kenai Zoning Code in KMC 14.20; and,
WHEREAS, the Kenai Zoning Code does not contain a comprehensive regulation for the
establishment and placement of group care facilities in its zoning code; and,
WHEREAS, the Fair Housing Act of 1968 and as amended in 1988, prohibits Housing
discrimination against certain classes of people and the manner in which local
governments may regulate housing for certain groups of people; and,
WHEREAS, it is in the best interest of the City of Kenai and its' citizens to enact an
o rdinance regulating the establishment and placement of group care facilities within
the City's boundaries that is in conformance with the Fair Housing Act.
NOW, THEREFORE, IT IS RECOMMENDED THAT THE COUNCIL OF THE CITY OF
KENAI, ALASKA, that the City of Kenai Code of Ordinances be amended by adding a
new section to be numbered KMC 14.20.171 as shown in Attachment "A" and adding
2) KMC 14.20.320(b) Specific Definitions as shown in Attachment "B" and 3) amending
KMC 14.22.010 as shown in Attachment "C".
PASSED BY THE PLANNING AND ZONING COMMISSION
ALASKA, this 28TH day of May, 2014 .
ATTACHMENT A
14.20.171 . Group Care Facility
(a) Intent: The City of Kenai may allow a Group Care Facility that insures safe and
healthy living facilities for its clients . It is also the intent of th is provision to allow
such facilities subject to operational plans and standards that will m itigate any
potential negative impacts to neighboring residential and commercial areas.
(b) The City of Kenai fully intends to comply with the Fair Housing Act adopted in
1968 and as amended in 1988 or as thereafter amended , and nothing in this
section shall be used or relied on to discriminate i n housing within the City of
Kenai based on race , color, national origin, religion , sex , familial status or
disability.
(c) The following standards shall apply to Group Care Facilities when allowed as a
Principal Permitted Use . In addition to the considerations expressed in KMC
14.20.150, Conditional Use Permits, the Commission shall also specifically
consider the following standards when considering Conditional Use Permits for a
Group Care Facility:
(1) The Group Care Facility shall conform to the underlying zone district's Use
Table and Development Requirements.
(2) In all zone districts the maximum lot coverage for all buildings shall not
exceed 30% of the lot area.
(3) Any facility sha ll comply with the minimum lot area requirement for the
zone in which it is located.
(4) Parking shall be provided on the subject property in conformance with the
"Off-street parking and loading requirements" section of the City of Kenai
Planning and Zoning code .
(5) All facilities shall have supervisory personnel on site at all times , 24 hours
per day, 7 days per week.
(6) Adequate access to sanitary and cooking or food service facilities as
appropriate shall be provided .
(7) A minimum of 150 square feet of private enclosed living area (a room),
exclusive of dining and bath facilities shall be provided for every person
residing in the facility, up to a maximum occupancy of 4 unrelated individuals
per enclosed space (a room containing 600 square feet) exclusive of dining
and bath facilities.
(8) Adequate recreational facilities shall be provided as appropriate for the
facility's client group .
ATTACHMENT B
KMC 14.20.320 Specific Definitions .
"Boarding Home for Sheltered Care" means a facility for the sheltered care of
persons with special needs, which, in addition to provid ing food and shelter, may also
provide some combination of personal care , social or counseling services , and
transportation.
"Community Residences for the Developmentally Disabled" means a facility that
provides food, shelter and personal guidance, with supervision , to developmentally
disabled or mentally ill persons who require assistance , temporarily or permanently , in
order to live in the community. These facilities normally include group homes ,
intermediate care facilities, and supervised apartment living arrangements.
"Community Residential Home" means a facility that provides a living environment
for unrelated residents who operate as the functional equ ivalent of a family, including
such supervision and care by supportive staff as may be necessary to meet the
physical, emotional, and social needs of an aged person , a physically disabled or
handicapped person, a developmentally disabled person , an undangerous mentally ill
person, and a child .
"Community Shelter for Victims of Domestic Violence" means a facility that
provides food , shelter, medical care, legal assistance, personal guidance, and other
services to persons who have been victims of domestic violence, includ ing any children
of such victims , and who temporarily require shelter and assistance in order to protect
their physical or psychological welfare.
Congregate Residence means a facility for living , sleeping and sanitation as require d
by this code, and may include facilities for eating and cook ing for occupancy by other
than a family. A congregate residence shall be permitted to be a shelter, convent,
monastery, fraternity or sorority house , but does not include jails, hospitals, nurs ing
homes, hotels or lodging houses .
"Group Care Facility" means a facility which provides training, care, superv1s1on ,
treatment and/or rehabilitation to the aged, disabled , homeless , or thos e suffering from
the effects of drugs or alcohol. Such facilities include Assisted Living, Transitional Care
Home, Boarding Home for Sheltered Care, Community Residences for the
Developmentally Disabled , Community Residential Home , Community Shelters for
Victims of Domestic Violence , Congregate Residence; however, this does not include
day care centers, family day care homes, foster homes , schools , hospitals , jails or
prisons .
"Transitional Care Home" means a facility in which individuals liv e for a short period
of up to two years of time while receiving physical , social or psychological therapy and
counseling to assist th em in overcoming physical or emotional problems to prepare
them for finding and obtaining permanent housing .
ATTACHMENT C
KMC 14.20.010 LAND USE TABLE
PUBLIC/INSTITUTIONAL c RR RR1 RS RS1 RS2 RU cc CG I L IH ED R TSH LC CMU
Group Care Fac ility: N p p p p p p c c N N c c c c c
1 -3 Dwellings*
Group Care Facility: N c c c c c c c c N N c c c c c
4 or more Dwellings·
*Group Care Facilities , including both Principal Permitted Uses and Conditional Uses ,
shall comply with the standards outlined in section 14 .20 .171.
Deleted Text Capitalized and in Brackets :
PUBLIC/INSTITUTIONAL c RR RR1 RS RS1 RS2 RU cc CG IL IH ED R TSH LC CMU
[ASSISTED LIVING] [CJ [CJ [CJ [CJ [CJ [CJ [CJ [CJ [CJ [CJ [CJ [CJ [CJ [CJ [CJ [CJ