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HomeMy WebLinkAboutOrdinance No. 2783-2014Suggested by: CITY OF KENAI ORDINANCE NO. 2783 -2014 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ASKA, ENACTING KMC 14.20.172 - EMERGENCY SHELTERS, AND AMENDIN KMC 14.20.320 - DEFINITIONS, AND KMC 14.22.010 - LAND USE TABLE, TO PROVIDE ZONING REGULATIONS FOR EMERGENCY SHELTERS THATROVIDE TEMPORARY HOUSING FOR HOMELESS AND OTHERS IN NEED OF SA ACCOMMODATIONS. WHEREAS, the Kenai Zoning Code is contained in KMC itle 14; and, WHEREAS, the Kenai Zoning Code does not cont a comprehensive regulation for the establishment and placement of emergency shelters in its zoning code; and, WHEREAS, emergency shelters provide tempor�iy overnight sleeping accommodations for homeless persons; and, �� WHEREAS, it is in the best interest of the/of the citizens of the City of Kenai to balance access to safe emergency shelters with fie protection of residential neighborhoods and business districts by permitting e ergency shelters through the conditional use process; and, WHEREAS, on the 28th day of ay, 2014, the Planning 8s Zoning Commission held a public hearing and passed R solution PZ -14 -10 recommending that the Kenai City Council adopt KMC 14.20.P2 establishing a process for regulation of Emergency Shelter facilities within e City of Kenai, amending the Land Use Table, KMC 14.22.010, to provid for Emergency Shelters and amending 14.20.320 to include a definition of Emergent Shelter. NOW, THEREFORE E IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA: Section 1. Fo : That this is a code ordinance. Section 2. ,Enactment of Section 14.20.172 of the Kenai Municipal Code: That Kenai Municipal 9'Ode, Section 14.20.172- Emergency Shelters, is hereby enacted as follows: (a) Intent: The City of Kenai may allow an Emergency Shelter as a Conditional Use that provides temporary housing for indigent needy, or homeless persons It is the intent of this provision to allow such facilities subiect to operational plans and standards that will mitigate any potential negative impacts to neighboring residential and commercial areas. New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 2783 -2014 Page 2 of 12 (b) In addition to the considerations expressed in KMC 14.20.150, the Commission shall also specifically consider the following standards when considering _Conditional Use Permits for an Emergency Shelter: (1) The facility shall only be used to provide temporary housing (2) The facility shall conform to the underlying zone district's Use Table and Development Requirements. (3) In all zone districts the maximum lot coverage for all buildings shall not exceed 30% of the lot area. (4) Parking shall be provided on the subject property in conformance with Kenai Planning and Zoning code. (5) All facilities shall have supervisory personnel on site at all times during use of the facility. (6) The facility must be approved by the Kenai Fire Denartment nr Pire (7) In the event of an extreme or otherwise unforeseen emergency, the City Council, Mayor, or City Manager may designate otherwise unpermitted facilities as Emergency Shelters. Section 3. Amendment of Section 14.20.320(b) of the Kenai Municipal Code: That Kenai Municipal Code, Section 14.20.320(b)- Defmitions, is hereby amended as follows: KMC 14.20.320 Definitions. (b) Specific Defmrtions. "Accessory building" means a detached building or structure, the use of which is appropriate, subordinate, and customarily incidental to that of the main building or to the main use of the land and which is located on the same lot as the main building or use, except as allowed by a conditional use permit. An accessory building shall be considered to be a part of the main building when joined to the main building by a common wall or when any accessory building and the main building are connected by a breezeway. "Accessory use" means a use customarily incidental and subordinate to the principal use of the land, building, or structure and located on the same lot or parcel of land. "Administrative official" means the person charged with the administration and enforcement of this chapter. "Agricultural building" means a building or structure used to shelter farm implements, hay, grain, poultry, livestock, or other farm produce, in which there is no human habitation and which is not used by the public. "Agriculture" means the science, art, and business of cultivating soil, producing crops, and raising livestock; farming. "Airport" means a location where aircraft such as fixed -wing aircraft, helicopters, and blimps take off and land. Aircraft may be stored or maintained at an airport. An airport consists of at least one (1) surface such as a runway for a plane to New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 2783 -2014 Page 3 of 12 take off and land, a helipad, or water for takeoffs and landings, and often includes buildings such as control towers, hangars and terminal buildings. "Alley" means a public way designed and intended to provide only a secondary means of access to any property abutting thereon. "Alteration" means any change, addition, or modification in construction, location, or use classification. "Animal boarding" means any building or structure and associated premises in which animals are fed, housed, and /or exercised for commercial gain. "Apartment house," see "Dwelling, multiple - family." "Area, building" means the total of areas taken on a horizontal plane at the main grade level of the principal building and all accessory buildings, exclusive of steps. "Assemblage" means a large gathering of people for an event such as a concert, fair, or circus. "Assisted living" means a living arrangement in which people with special needs, especially seniors with disabilities, reside in a facility that provides help with everyday tasks such as bathing, dressing, and taking medication. "Automobile sales" means the use of any building or structure and associated premises for the display and sale of new or used automobiles, panel trucks or vans, trailers, or recreation vehicles and including any warranty repair work and other repair service conducted as an accessory use. "Automobile service station" means the use of any building or structure and associated premises or other space used primarily for the retail sale and dispensing of motor fuels, tires, batteries, and other small accessories; the installation and servicing of such lubricants, tires, batteries, and other small accessories; and such other services which do not customarily or usually require the services of a qualified automotive mechanic. "Automobile wrecking" means the dismantling of used motor vehicles or trailers or the storage or sale of parts from dismantled or partially dismantled, obsolete, or wrecked vehicles. "Automotive repair" means the use of any building or structure and associated premises on which a business, service, or industry involving the maintenance, servicing, repair, or painting of vehicles is conducted or rendered. "Bank" means any establishment or building or structure used for a financial institution that provides financial services for its clients or members. The term "bank" includes savings and loan. "Bed and breakfast" means a residential, owner- occupied dwelling in which rooms are rented to paying guests on an overnight basis with no more than one (1) meal served daily. "Boarding house" means a dwelling where the principal use is a dwelling by the owner or keeper and where the owner or keeper provides lodging for three (3) or more persons who are not members of the owner's or keeper's family and the lodgers New Tent Underlined; [DELETED TEXT BRACKETED] Ordinance No. 2783 -2014 Page 4 of 12 pay compensation to use one (1) or more rooms. The common parts of the building or structure are maintained by the owner or keeper who may also provide lodgers with some services, such as meals, laundry, and cleaning. Boarding houses are not motels or hotels and are not open to transient guests. "Building" means any structure built for the support, shelter, or enclosure of persons, animals, or property of any kind. "Building Code" means the building code and /or other building regulations applicable in the City. "Building, existing" means a building erected prior to the adoption of the ordinance codified in this chapter or one for which a legal building permit has been issued. "Building height" means the vertical distance from the "grade," as defined herein, to the highest point of the roof. "Building, principal or main" means a building or structure in which is conducted the principal or main use on the lot which said building is situated. "Business /consumer services" means the provision of services to others on a fee or contract basis, such as advertising and mailing; building maintenance; employment service; management and consulting services; protective services; equipment rental and leasing; commercial research; development and testing; photo finishing; and personal supply services. "Cabin rentals" means the renting out of one (1) or more individual, detached dwelling units or buildings to provide overnight sleeping accommodations for a period of less than thirty (30) consecutive days. "Cemetery" means any property used to inter the dead in buried graves or in columbarium, stacked vaults, or similar structures. "Centerline" means the line which is in the center of a public right -of -way. "Church" means a building or structure in which persons regularly assemble for worship, ceremonies, rituals, and education pertaining to a particular system of beliefs. The term "church" includes a synagogue or temple. "City" means the City of Kenai, Alaska. "Clinic" (or outpatient clinic or ambulatory care clinic) means a health care facility that is primarily devoted to the care of outpatients. Clinics can be privately operated or publicly managed and funded, and typically cover the primary health care needs of populations in local communities, in contrast to larger hospitals which offer specialized treatments and admit inpatients for overnight stays. "Collector street" means a street located and designed for the primary purpose of carrying through traffic and of connecting major areas of the City. Unless otherwise designated by the Commission, collector street shall be defined on the plan for streets and community facilities in the comprehensive development plan. "College" means an educational institution providing postsecondary (after high school) education. "Commercial kennel" has the same meaning given in KMC 3.05.010. New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 2783 -2014 Page 5 of 12 "Commercial recreation" means a recreation facility operated as a business and open to the public for a fee. "Commission" means the Kenai Planning and Zoning Commission. "Communication antenna" has the same meaning given in KMC 14.20.255. "Communication tower" has the same meaning given in KMC 14.20.255. "Conditional use" means a use which is permitted under the terms of this chapter provided that under the specified procedures, the Commission finds that certain conditions, specified in this chapter are fulfilled. Conditional uses are listed in the Land Use Table. "Condominium" means a common interest ownership dwelling in which: (1) Portions of the real estate are designated for separate ownership; (2) The remainder of the real estate is designated for common ownership solely by the owners of those portions; (3) The undivided interests in the common elements are vested in the unit owners. In the Land Use Table (KMC 14.22.010), "condominiums" shall be treated as two (2) or more family dwellings. For example, a four (4) unit condominium building would be treated as a four (4) family dwelling. "Coverage" means that percentage of the total lot area covered by the building area. "Crematory/ funeral home" means building or structure used for preparation of the deceased for display and /or interment and may also be used for ceremonies connected with interment. Preparation may include cremation, which is the process of reducing dead bodies to basic chemical compounds in the form of gases and bone fragments. This is accomplished through burning —high temperatures, vaporization, and oxidation. "Day care center" means an establishment where child care is regularly provided for children for periods of less than twenty-four (24) hours, including the building housing the facility and adjoining areas, and where tuition, fees, or other compensation for the care of the children is charged. "Dormitory" means a building, whether public or private, associated with a school, college or university and designed, used, and arranged for private sleeping, studying, and living accommodation for students. "Dwelling" means a building or any portion thereof designed or used exclusively for residential occupancy including one - family, two - family and multiple - family dwellings, but not including any other building wherein human beings may be housed. "Dwelling, one - family" means any detached building containing only one (1) dwelling unit. "Dwelling, two - family" means any building containing only two (2) dwelling units. "Dwelling, multiple - family" means any building containing three (3) or more dwelling units. New Text Underlined; )DELETED TEXT BRACKETED) Ordinance No. 2783 -2014 Page 6 of 12 "Dwelling unit" means one (1) or more rooms and a single kitchen in a dwelling designed as a unit for occupancy by not more than one (1) family for living or sleeping purposes. "Elementary school" means any school usually consisting of grades pre- kindergarten through grade 6 or any combination of grades within this range. "Emergency Shelters" means any facility with overnight sleeping accommodations. the Primary Purpose of which is to provide temporary shelter for the homeless in general or for specific populations of homeless People (for example victims of domestic violence, single men /women youth etc.). Shelter may be Placement within a shelter facility, overnight church -based program or motel "Essential service" means the erection, construction, alteration, or maintenance by public utility companies or municipal departments or commissions, of underground or overhead gas, electrical, steam, or water transmission or distribution systems, collection, communication, supply, or disposal systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, traffic signals, hydrants, and other similar equipment and accessories in connection therewith. This definition shall not be interpreted to include public buildings. "Family" means any number of individuals living together as a single housekeeping unit in a dwelling unit. "Farming" means a tract of land cultivated for the purpose of commercial agricultural production. "Fence, height" means the vertical distance between the ground directly under the fence and the highest point of the fence. "Floor area" means the total of each floor of a building within the surrounding outer walls but excluding vent shafts and courts. "Fraternal organization" means a group of people formally organized for a common object, purpose, or interest (usually cultural, religious or entertainment) that conducts regular meetings and has written membership requirements. "Frontage" means all the property fronting on one (1) side of a street between intersection streets. "Garage, private" means an accessory building or any portion of a main building used in connection with residential purposes for the storage of passenger motor vehicles. "Garage, public" means any garage other than a private garage, available to the public, operated for gain, and which is used for storage, repair, rental, greasing, washing, servicing, adjusting, or equipping of automobiles or other vehicles. "Gas manufacturer /storage" means the surface use of lands used in the production, the mechanical transformation, or the chemical transformation of hydrocarbon gas and includes uses for gas conditioning/ compressor stations. "Storage" means surface uses necessary for storage of produced or non - native natural gas. New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 2783 -2014 Page 7 of 12 "Governmental building" means a building or structure owned and operated by any department, commission, or agency of the United States or of a state or municipality and used to conduct official business of government. "Grade (ground level)" means the average level of the finished ground at the center of all walls to a building. In case walls are parallel to and within five (5) feet of a public sidewalk, the ground level shall be measured at the sidewalk. "Greenhouse" means a building or structure, usually a glassed or clear plastic enclosure, used for the cultivation and protection of plants. "Guest room" means any room in a hotel, dormitory, boarding, or lodging house used and maintained to provide sleeping accommodations for one (1) or more persons. "Guide service" means any activity on any premises used for collecting or returning persons from recreational trips when remuneration is provided for the service. "Gunsmith" means a person who repairs, modifies, designs, or builds firearms. "High school" means a secondary school usually consisting of grades 9 through 12 or any appropriate combination of grades within this range. "Home occupation" means an accessory use carried out for remuneration by a resident in the resident's dwelling unit. "Hospital" means an institution that provides medical, surgical, or psychiatric care and treatment for the sick or the injured. "Hotel" means a building or group of buildings containing more than five (5) guest rooms used for the purpose of offering public lodging on a day -to -day basis with or without meals. "Junkyard" means any space one hundred (100) square feet or more of any lot or parcel of land used for the storage, keeping, or abandonment of junk or waste material, including scrap metals or other scrap materials, or for the dismantling, demolition, or abandonment of automobiles, other vehicles, machinery, or any parts thereof. "Library" means a collection of sources, resources, and services, and the structure in which it is housed; it is organized for use and maintained by a public body, an institution, or a private individual. "Loading space" means an off - street space or berth on the same lot with a building or structure to be used for the temporary parking of commercial vehicles while loading or unloading merchandise or materials. "Lodge" means a building or group of buildings containing five (5) or fewer guest rooms used for the purpose of offering public lodging on a day -to -day basis with or without meals. "Lot" means a parcel of land occupied or to be occupied by a principal use and having frontage on a public street. New Text Underlined; [DELETED TEXT BRACKETED) Ordinance No. 2783 -2014 Page 8 of 12 "Lot, corner" means a lot situated at the junction of, and bordering on, two (2) intersecting streets, two (2) platted rights -of -way, two (2) government easements, or any combination thereof. "Lot coverage" means that portion of the lot covered by buildings or structures that require a building permit. "Lot depth" means the horizontal distance separating the front and rear lot lines of a lot and at right angles to its width. "Lot line, front - corner lot" means the shortest street line of a comer lot. "Lot line, front - interior lot" means a line separating the lot from the street. "Lot line, rear" means a line that is opposite and most distant from the front lot line, and in the case of irregular, triangular, or gore shaped lot, a line not less than ten feet (10') in length, within a lot, parallel to and at the maximum distance from the front lot line. "Lot line, side" means any lot boundary line not a front lot line or a rear lot line. "Lot width" means the mean horizontal distance separating the side lot lines of a lot and at right angles to its depth. "Manufactured housing" means a dwelling unit that meets Department of Housing and Urban Development Standards for manufactured housing and is wider than sixteen feet (16'), has a roof pitch of 4:12 or greater with roofing and siding common to standard residential construction and is transported to the site and placed on a permanent foundation. "Manufacturing /fabricating /assembly" means the mechanical or chemical transformation of materials or substances into new products including assembling of components parts, the manufacturing of products, and the blending of materials such as lubricating oils, plastics, resins or liquors. "Mini- storage facility" means a completely enclosed structure containing three (3) or more areas or rooms available for lease or rent for the purpose of the general storage of household goods, vehicles or personal property; where the lessee of the unit is provided direct access to deposit or store items and where vehicles do not fill the majority of the allowed storage space. "Mobile home" means a structure, which is built on a permanent chassis in accordance with Department of Housing and Urban Development Standards and designed to be used as a dwelling unit, with or without a permanent foundation when connected to the required utilities. A mobile home is subject to all regulations applying thereto, whether or not wheels, axles, hitch or other appurtenances of mobility are removed and regardless of the nature of the foundation provided. "Mobile home park" means a site with required improvements and utilities for the long -term parking of mobile homes which may include services and facilities for the residents. "Modular home" means a dwelling constructed in modules or sections at a place other than the building site, built to conform to Title 4 of the Kenai Municipal New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 2783 -2014 Page 9 of 12 Code, is transported to the site and then assembled and placed on a permanent foundation. "Motel" means a group of one (1) or more detached or semi - detached buildings containing two (2) or more individual dwelling units and /or guest rooms designed for, or used temporarily by, automobile tourists or transients, with a garage attached or parking space conveniently located to each unit, including groups designated as auto courts, motor lodges, or tourist courts. "Museum" means a building or structure that houses and cares for a collection of artifacts and other objects of scientific, artistic, or historical importance and makes them available for public viewing through exhibits that may be permanent or temporary. "Nonconforming lot" means a lot lawfully existing at the time this chapter became effective, which by reason of area or dimensions, does not meet the development requirements for the zone in which it is located. "Nonconforming structure" means a structure or portion thereof, lawfully existing at the time this chapter became effective, which by reason of its yards, coverage, height, or other aspects of design, does not meet the development requirements of this zone. "Nonconforming use" means a use of a structure of land, or of a structure and land in combination, lawfully existing at the time this chapter became effective, or established on the premises of a previous nonconforming use as specified in this chapter, which is not in conformity with the uses permitted in the zone in which it exists. "Nursing, convalescent or rest home" means a building or structure used as a residence for people who require constant nursing care and /or have significant deficiencies with activities of daily living. "Office" means a room or group of rooms used for conducting the affairs of a business, profession, service, industry, or government. "Park" means a tract of land, designated by a public entity for the enjoyment of the public and generally used for active and passive recreational activities. "Parking, public lots" means a parking area available to the public, whether or not a fee for use is charged. "Parking space, private" means any automobile parking space, excluding garages, not less than nine feet (9') wide and one hundred eighty (180) square feet in total area. "Parking space, public" means an area of not less than one hundred eighty (180) square feet exclusive of drives or aisles giving access thereto in area accessible from streets and alleys for the storage of passenger motor vehicles operated by individual drivers. "Person" means a natural person, his or her heirs, executors, administrators, or assigns, and also including firm, partnership, or corporation, or their successors and /or assigns or the agent of any of the aforesaid. New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 2783 -2014 Page 10 of 12 "Personal services" mean establishments engaged in providing services involving the care of a person or his or her apparel. "Planned unit residential development" means an alternative method of development of a residential neighborhood under more flexible conditions than otherwise required in a specific zoning district. "Principal use" means the major or predominant use of a lot or parcel of land. "Profession" means an occupation or calling requiring the practice of a learned art through specialized knowledge based on a degree issued by an institution of high learning, e.g., Doctor of Medicine. "Property owner" means the owner shown on the latest tax assessment roll. "Recreation" means leisure activities sometimes requiring equipment and taking place at prescribed places, sites, parks, or fields. It can include active recreation, such as structured individual or team activities requiring the use of special facilities, courses, fields or equipment or passive recreation, such as activities that do not require prepared facilities such as wildlife and bird viewing, observing and photographing nature, picnicking, and walking. "Recreational vehicle" means a vehicular -type unit, primarily designed as temporary living quarters for recreational camping, or travel use, which either has its own motor power or is mounted on or drawn by another vehicle. Recreational vehicles include, but are not limited to, travel trailers, camping trailers, truck campers, and motor homes. "Recreational vehicle park" means an area established by a conditional use permit for the parking of two (2) or more recreational vehicles on a temporary basis. "Restaurant" means an establishment where food and drink is prepared, served, and consumed primarily within the principal building. "Retail business" means establishments engaged in selling goods or merchandise to the general public for business or personal/ household consumption and rendering services incidental to the sale of such goods. "Secondary use" means a use allowed on a lot or parcel of land only if there is also an allowed principal use on the property. "Sign" means any words, letters, parts of letters, figures, numerals, phrases, sentences, emblems, devices, trade names, or trademarks by which anything is made known, such as are used to designate an individual, firm, association, corporation, profession, business, or a commodity or product, which are visible from any public street or highway and used to attract attention. "State highway" means a right -of -way classified by the State of Alaska as a primary or secondary highway. "Storage yard" means a lot used primarily for the storage of operational vehicles, construction equipment, construction materials or other tangible materials and equipment. New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 2783 -2014 Page 11 of 12 "Street" means a public right -of -way used as a thoroughfare and which is designed and intended to provide the primary means of access to property abutting thereon. "Structure" means that which is built or constructed, an edifice or a building of any kind, composed of parts joined together in some definite manner. "Subsurface extraction of natural resources" means removing valuable minerals or other geological materials from the earth, from an ore body, vein or (coal) seam. Materials recovered could include gas, oil, base metals, precious metals, iron, uranium, coal, diamonds, limestone, oil shale, rock salt and potash. "Surface extraction of natural resources" means removal of material, usually soil, gravel, or sand for use at another location. "Taxidermy" means the act of mounting or reproducing dead animals, fish, and /or birds for display. "Theater" means a building or structure, or part thereof, devoted to the indoor exhibition of motion pictures and /or of live dramatic, speaking, musical, or other presentations. "Townhouse" means single - family dwelling units constructed in a series or group of two (2) or more units separated from an adjoining unit by an approved party wall or walls, extending from the basement of either floor to the roof along the linking lot line. "Tree nursery" means a place where trees /plants are propagated and grown to usable size. "Use" means the purpose for which land or a building is arranged, designed, or intended, or for which either land or a building is or may be occupied or maintained. "Variance" means the relaxation of the development requirements of this chapter to provide relief when the literal enforcement would deprive a property owner of the reasonable use of his or her real property. "Warehouse" means a building or structure used for the storage of goods, wares and merchandise that will be processed, sold or otherwise disposed of off of the premises. "Wholesale business" means business conducted primarily for the purpose of selling wares or merchandise in wholesale lots to retail merchants for resale. "Yard" means an open, unoccupied space, other than a court, unobstructed from the ground to the sky, except where specifically provided by this chapter, on the same lot on which a building is situated. "Yard, front" means a yard extending across the full width of the lot between the front lot line of the lot and the nearest exterior wall of the building which is the nearest to the front lot line. "Yard, rear" means a yard extending across the full width of the lot between the most rear main building and the rear lot line. "Yard, side" means a yard on each side of a main building and extending from the front lot line to the rear lot line. The width of the required side yard shall be New Text Underlined; [DELETED TEXT BRACKETED Ordinance No. 2783 -2014 Page 12 of 12 measured horizontally from the nearest point of a side lot line to the nearest part of the main building. "Zoning change" means the alteration or moving of a zone boundary; the reclassification of a lot, or parcel of land, from one zone to another; and the change of any of the regulations contained in this chapter. "Zoning ordinance or ordinances" mean the zoning ordinance of the City of Kenai and Kenai Municipal Code Chapter 14. Section 4. Amendment of Section 14.22.010 of the Kenai Municipal Code: That Kenai Municipal Code, Section 14.22.010- Land Use Table, is hereby amended by adding the following columns and rows regarding Emergency Shelters in alphabetical sequence: KMC 14.22.010 LAND USE TABLE PUBLIC /INSTITUTIONAL C RR RRl RS RSl RS2 RU CC CG IL IH ED R TSH LC CMU Emergency Shelter N C C N N N N C C C C C C C C C Section 5. Severability: That if any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Section 4. Effective Date: That pursuant to KMC 1.15.070(f , this ordinance shall take effect 30 days after adoption. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 6th day of August, 2014. ATTEST: Sandra Modigh, City Clerk PAT PORTER, MAYOR Introduced: July 16, 2014 Adopted: August 6, 2014 Effective: September 5, 2014 New Text Underlined; [DELETED TEXT BRACKETED] M "'Villaye with a Past Git with a Future 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 tlll�t 1992 MEMORANDUM: TO: Rick Koch, City Manager FROM: Francis Krizmanich, City Planner DATE: June 24, 2014 SUBJECT: Code Amendment to add Emergency Shelter to the Zoning Code When the Planning and Zoning Commission discussed Group Care Facilities, they concluded that a Homeless Shelter is a somewhat different but similar and necessary use that could be treated as a Conditional Use in most zone districts. The Commission did recommend that emergency shelters should not be permitted in the Conservation, Urban Residential and Suburban Residential zone districts. An Emergency Shelter means any facility with overnight sleeping accommodations, the primary purpose of which is to provide temporary shelter for the homeless in general or for specific populations of homeless people (e.g. victims of domestic violence, single men/ women, youth, etc.). Shelter may be placement within a shelter facility, overnight church -based program or motel. Emergency Shelter facilities will be added as a separate code definition and land use to differentiate it from Group Care Facilities. The LAND USE TABLE will list Homeless Shelter as a Conditional Use in all zone districts under the Public/ Institutional use classification. We place Homeless Shelter in the Conditional Use section, add standards and also refer it back to the general Conditional Use Standards contained in KMC Sec 14.20.150. The Planning and Zoning Commission Resolution, No. PZ14 -10, for Emergency Shelter, is attached. M."', CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ14 -10 EMERGENCY SHELTER A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, RECOMMENDING TO THE COUNCIL THE ENACTMENT OF KMC 14.20.172 ESTABLISHING A PROCESS FOR THE REGULATION OF EMERGENCY SHELTER FACILITIES WITHIN THE CITY OF KENAI, AMENDING THE LAND USE TABLE IN KMC 14.22.010 TO PROVIDE FOR EMERGENCY SHELTERS AND AMENDING 14.20.320 TO INCLUDE A DEFINITION OF EMERGENCY SHELTER. 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 emergency shelters in its zoning code; and, WHEREAS, it is in the best interest of the City of Kenai and its' citizens safety to enact an ordinance regulating the establishment and placement of emergency shelter facilities within the City's boundaries. 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 14.20.172 and adding to KMC 14.20.320(b) Specific Definitions and amending KMC 14.22.0 10 as shown in Attachment "A ". PASSED BY THE PLANNING AND ZONING COMMISSION O�{IE CI KENAI, ALASKA, this 28TH day of May 2014. �� kieEf;ckstedt, VICE - CHAIRMAN ATTE Sand a odi h, CI CLERK ATTACHMENT A 14.20.172. Emergency Shelter (a) Intent: The City of Kenai may allow an Emergency Shelter as a Conditional Use that provides temporary housing for indigent, needy, or homeless persons. It is the intent of this provision to allow such facilities subject to operational plans and standards that will mitigate any potential negative impacts to neighboring residential and commercial areas. (b) In addition to the considerations expressed in KMC 14.20.150, the Commission shall also specifically consider the following standards when considering Conditional Use Permits for an Emergency Shelter: (1) The facility shall only be used to provide temporary housing. (2) The facility shall conform to the underlying zone district's Use Table and Development Requirements. (3) In all zone districts the maximum lot coverage for all buildings shall not exceed 30% of the lot area. (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 during use of the facility, 24 hours per day, 7 days per week. (6) The facility must be certified by the Kenai Fire Department or Fire Marshall as suitable for a temporary emergency shelter. (7) In the event of an extreme or otherwise unforeseen emergency, the City Council, Mayor, or City Manager may designate otherwise unpermitted facilities as Emergency Shelters. KMC 14.20.010 LAND USE TABLE PUBLIC /INSTITUTIONAL C RR RR1 RS RS1 RS2 RU CC CG Emergency Shelter N C C N N N N C C KMC 14.20.320 Specific Definitions. n TSH LC CMU C C C Emergency Shelter means any facility with overnight sleeping accommodations, the primary purpose of which is to provide temporary shelter for the homeless in general or for specific populations of homeless people (e.g. victims of domestic violence, single men/ women, youth, etc.). Shelter may be placement within a shelter facility, overnight church -based program or motel. "'Vllaye with a Past, C# with a Future 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 �III�I 1992 MEMO* TO: City Council FROM: Rick Koch, City Manager DATE: September 11, 2014 SUBJECT: Ordinance No. 2782 -2014 Group Care Facilities & Ordinance No. 2783 -2014 Emergency Shelters The purpose of this correspondence is to recommend that Council postpone the above referenced ordinances indefinitely. Council has suggested, and Administration agrees that a joint work session(s) with the Planning & Zoning Commission is appropriate prior to Council consideration of these ordinances. Administration suggests that the Council schedule a joint work session in the November to January time - frame. Administration could re- introduce these ordinances following the work session(s). Thank you for your attention in this matter. If you have any questions, please contact me at your convenience.