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HomeMy WebLinkAboutOrdinance No. 3443-2024KENAI CITY OF KENAI ORDINANCE NO. 3443-2024 Sponsored by: Administration AN ORDINANCE AMENDING KENAI MUNICIPAL CODE SECTION 14.30.030 — GENERAL PROVISIONS, TO UPDATE THE MOST RECENT VERSION OF THE "FLOOD INSURANCE STUDY". WHEREAS, the Council expressed its intent to participate in the National Flood Insurance Program (NFIP), via Resolution 2022-13; and, WHEREAS, participation in the NFIP is a requirement for the City to work with the US Army Corps of Engineers to complete the City's bluff erosion project; and, WHEREAS, participating in the NFIP benefits affected property owners through the availability of more affordable flood insurance; and, WHEREAS, the purpose of this ordinance is to promote public health, safety, and general welfare, and to minimize public and private losses due to flooding in flood hazard areas; and, WHEREAS, the Federal Emergency Management Agency released a new Flood Insurance Study covering the Kenai Peninsula Borough and incorporated areas effective February 28, 2025 and it is in the best interest of the City to adopt the updated study; and, WHEREAS, at its meeting on November 13, 2024, the Planning and Zoning Commission recommended enactment. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, AS FOLLOWS: Section 1. Amendment of Section of Kenai Municipal Code Section 14.30.030: That Kenai Municipal Code, Section 14.30.030 General Provisions, Subsection (b) Basis for Establishing Flood Hazard Areas, is hereby amended as follows: 14.30.030 General Provisions. (a) Lands to Which This Chapter Applies. This chapter shall apply to all flood hazard areas within the City of Kenai. (b) Basis for Establishing Flood Hazard Areas. Flood hazard areas are identified as follows: The areas of special flood hazard identified by the Federal Insurance Administration in a scientific and engineering report entitled "The Flood Insurance Study" applicable to the City of Kenai in its most recent adopted version ([OCTOBER 20, 2016], February 28, 2025 titled "Flood Insurance Study for the Kenai Peninsula Borough, Alaska and Incorporated Areas") and any subsequent revisions thereto, with accompanying Flood Insurance Maps and revisions thereto. The Flood Insurance Study is on file at the City of Kenai administrative offices. The best available information for flood hazard area identification provided in this chapter will be the basis for regulation until a new FIRM is issued. (c) Warning and Disclaimer of Liability. The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 3443-2024 Page 2, of 2 considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by manmade or natural causes. This chapter does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of the City of Kenai, any officer or employee thereof, or the Federal Insurance Administration, for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder. (d) Noncompliance —Enforcement. Structures and activities which are not permitted or allowed by this chapter are prohibited. No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this chapter and other applicable regulations. Violation of the provisions of this chapter by failure to comply with any of its requirements shall be enforced by the remedies set forth in KMC Chapter 14.20 including any injunctive remedies allowed by law. Each day a violation continues is a separate violation. (e) Abrogation and Greater Restrictions. This chapter is not intended to repeal, abrogate, or impair any existing easements or deed restrictions. However, where this chapter is more stringent, it must be complied with. (f) Interpretation. In the interpretation and application of this chapter, all provisions are considered minimum requirements, liberally construed in favor of the City, and do not limit or repeal any other powers granted under State statutes. Section 2. 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 3. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect February 28, 2025. ENACTED BY THE COUNCIL OF THE CITY OF KEN) 2024. A City Clerk Introduced: November 6, 2024 Enacted: November 20, 2024 Effective: February 28, 2025 New Text Underlined; [DELETED TEXT BRACKETED] K F N A I City of Kenai 1210 Fidalgo Ave, Kenai, AK 99611-77941 907.283.7535 ( www.kenai.city MEMORANDUM TO: Mayor Gabriel and Council Members THROUGH: Terry Eubank, City Manager FROM: Kevin Buettner, Planning Director DATE: November 6, 2024 SUBJECT: Ordinance 3443-2024 - Amending Kenai Municipal Code Section 14.30.030 — General Provisions, to Update the Most Recent Version of the "Flood Insurance Study". At their November 13, 2024 meeting, and in accordance with KMC 14.05.010 Duties and Powers, the Planning and Zoning Commission will review the proposed ordinance amending the KMC Section 14.30.030 — General Provisions. Areas of special flood hazard identified by the Federal Insurance Administration in a scientific and engineering report entitled "The Flood Insurance Study" are applicable to the City of Kenai. The latest Flood Insurance Study was completed in August 2024 and takes effect on February 28, 2025. This amendment to the KMC is necessary to adopt the new Flood Insurance Study and its related hazard identification maps and to maintain participation in the National Flood Insurance Program (NFIP), which Council expressed their intent to participate in via Resolution 2022-13. Participation in the program also allows residents to purchase flood insurance at more affordable rates. The commission may recommend council enact the ordinance, or propose council amend and enact it with modifications recommended by the commission, or to not enact the ordinance. The commission is not making a final decision, so the commission action is not subject to appeal.