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HomeMy WebLinkAboutOrdinance No. 2885-2016Sponsored by: Council Member Knackstedt CITY OF KENAI ORDINANCE NO. 2885 -2016 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING THE OFFICIAL KENAI ZONING MAP BY REZONING 51 PARCELS OWNED BY THE CITY OF KENAI, LOCATED WITHIN THE AIRPORT RESERVE BOUNDARY FROM CONSERVATION ZONE, RURAL RESIDENTIAL ZONE, SUBURBAN RESIDENTIAL ZONE AND LIGHT INDUSTRIAL ZONE TO AIRPORT LIGHT INDUSTRIAL ZONE AND RATIFYING THE APPLICATION TO THE PLANNING AND ZONING COMMISSION FOR THE AMENDMENTS. WHEREAS, the 2003 City of Kenai Comprehensive Plan, Polices AP2 and AP3 discuss revising the Kenai Zoning Code to create a Zoning District by which suitable parcels are retained and available for future public and private airport- related development; and, WHEREAS, the 2003 City of Kenai Comprehensive Plan, designates parcels within the Airport Reserve Boundary as Airport Industrial, which identifies airport lands reserved for the Kenai Municipal Airport and its future expansion, and tracts needed for present and future aviation- related uses and activities; and, WHEREAS, the 2003 Comprehensive Plan discusses the opportunities and challenges for existing and fixture commercial use in the City; and, WHEREAS, the Airport Master Plan Phase 2 Report discusses the need to rezone airport lands currently zoned as "Conservation;" and, WHEREAS, at the May 6, 2015 Council Meeting, the Council of the City of Kenai took action "directing the Airport Commission, Planning and Zoning Commission and Administration to provide recommendations regarding appropriate zoning for Airport Lands "; and, WHEREAS, the Airport Commission and the Planning and Zoning Commission held joint work sessions on June 23, 2015, November 12, 2015 and January 13, 2016 to discuss the creation of the Airport Light Industrial Zoning District and change in zoning to the affected parcels; and, WHEREAS, the Airport Commission held a regular meeting on February 11, 2016 and voted unanimously in support of the rezone proposed by this Ordinance; and, WHEREAS, the Planning and Zoning Commission held a Public Hearing on March 9, 2016 and voted in support of the rezone proposed by this Ordinance initiated by an application on behalf of the City Council; and, WHEREAS, Kenai Municipal Code Section 14.20.270 describes the amendment procedures and initiation of Zoning Code and Official Map Amendments; and, Ordinance No. 2885 -2016 Page 2 of 3 WHEREAS, the area to be rezoned is larger than one acre and the proposed amendment to the zoning ordinance is not substantially the same as any other proposed amendment submitted within the previous nine months; and, WHEREAS, notice the public hearing held on the rezone was published and sent by mail to property owners within 300 feet of the affected parcels; and WHEREAS, the subject parcels are currently zoned Conservation Zone, (C), Rural Residential Zone (RR), Suburban Residential Zone (RS) and Light Industrial Zone (IL); and, WHEREAS, the legal descriptions and Kenai Peninsula Borough parcel numbers of the subject parcels are attached hereto as Exhibit "B "; and, WHEREAS, Kenai Municipal Code Section 14.20.070 states the intent of the Conservation Zone (C) is "to apply to areas which should be preserved primarily as open areas and as watersheds and wildlife reserves. Airport and related uses have been included in this zone to allow for the reservation of aircraft approach zones. It is intended that this zone shall apply mainly to publicly owned land. "; and, WHEREAS, Kenai Municipal Code Section 14.20.090 states the intent of the Suburban Residential Zone (RS) is "to provide for medium density residential development in areas which will be provided with common utility systems "; and, WHEREAS, Kenai Municipal Code Section 14.20.080 states that the intent of the Rural Residential Zone (RR) is "to provide for low density residential development in outlying and rural areas in a form which creates a stable and attractive residential environment "; and, WHEREAS, Kenai Municipal Code Section 14.20.130 states that the intent of the Light Industrial Zone is "designed to provide for the development of industrial and commercial uses which are usually compatible and which are of a type which has no nuisance effects upon surrounding property, or which may be controlled to prevent any nuisance effects upon surrounding property. New residential uses and other non - industrial uses, except as otherwise provided in this chapter, are not permitted in this zone as principal uses because it is intended that land classified in this zone be reserved for industrial and commercial purposes, and because the IL zone is not suited to the excluded uses "; and, WHEREAS, it is in the best interest of the City of Kenai to rezone the area shown on Exhibit "A" to the Airport Light Industrial Zone (ALI); and, NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that, Section 1. Form: That this is a non -code ordinance. Ordinance No. 2885 -2016 Page 3 of 3 Section 2. Amendment of the City of Kenai Official Zoning Map: The Official Kenai Zoning Map is amended by rezoning the subject parcels shown on Exhibit "A" from Rural Residential Zone, Suburban Residential Zone, Light Industrial Zone and Conservation Zone to Airport Light Industrial. Section 3. 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 Kenai Municipal Code Section 1.15.070(f), this Ordinance shall take effect 30 days after adoption. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 18th day of May, 2016. ATTEST: PAT PORTER, 6' Introduced: May 4, 2016 Adopted: May 18, 2016 Effective: June 18, 2016 L 1: - I W r u - -� Ordinance No. 2885 -2016 Exhibit "B" Page I1 EXHIBIT "B" PARCELS IN AIRPORT RESERVE BOUNDARY TO BE REZONED TO AIRPORT LIGHT INDUSTRIAL PARCEL NUMBER LEGAL DESCRIPTION 04327036 Ptn. Of Sec. 5 & 6, lying NE of Kenai Spur Hwy. & E of Main Street excluding USS 4969 & Gusty Subdivisions 04327030 Lot 1, Bilk. 3, Gusty Subd. No. 4 04327031 Lot 2, Bik, 3, Gusty Subd. No. 4 04327032 Lot 3, Bilk. 3, Gusty Subd. No. 4 04327033 Lot 4A, Blk. 3, Gusty Subd. No. 5 04327034 Tract C -1, Gusty Subd. No. 7 04327021 Tract A, Gusty Subd. No. 3 04327035 Tract B, Gusty Subd. No. 6 04317037 Lot 1A, Kenai Cemetery Expansion No. 2 04317038 Tract A, Kenai Cemetery Expansion No. 2 04318044 All of Sec. 32, T6N, R11W, excluding Subdivision & Leased Areas 04318043 Tract A, Kenai Municipal Airport Float Plane Basin Replat 04101022 That portion of the SW % Sec. 29, T6N, R11W, per Court Order under Case No. 3KN -86 -1406, excluding Kenai Municipal Airport Float Plane Basin Replat 04101004 E %NE Y. &SW %NE1 /4,Sec. 29,T6N,R11W 04101021 W Y2 Sec. 28 & SE % of Sec. 29, T6N, R11W, excluding Kenai Municipal Airport Float Basin Replat 04501056 NW' /. NW Y4, lying W of Marathon Rd. Excluding Baron Park 2007 Replat, Sec. 33, T6N, RllW 04501031 Tract Al. Baron Park Subd. 2007 Replat 04336043 Lot 5, FBO Subd. No. 8 04336040 Lot 4, FBO Subd. No. 7 04336039 Lot 3, FBO Subd. No. 7 04336038 Lot 2, FBO Subd. No. 7 04336037 Lot 1, FBO Subd. No. 7 04336048 Lot 11A, FBO Subd. No. 9 04336047 Lot 9A, FBO Subd. No. 9 04336046 Lot 7A, Blk. 1, FBO Subd. Fed Ex Addn. 04336016 Lot 6, Blk. 1, FBO Subd. 04336017 Lot 5, Blk. 1, FBO Subd. 04336018 Lot 4, Blk. 1, FBO Subd. 04336028 Lot 3A1, FBO South Addn. No. 2 04336024 Lot 1A, FBO Subd. South Addn. 04336029 Lot 2A1, FBO South Addn. No. 2 04324025 Tract A. General Aviation Apron Subd. No. 2 04324006 Lot 3, Blk. 2, General Aviation Apron Subd. No. 1 04324005 Lot 2, Blk. 2, General Aviation Apron Subd. No. 1 04324004 Lot 1A, Blk. 2, General Aviation Apron Subd. No. 3 04324003 Lot 3, Bilk. 1, General Aviation Apron Subd. No. 1 04342002 Lot 2, Blk. 1, General Aviation Apron Subd. No. 1 Ordinance No. 2885 -2016 Exhibit "B" Page 12 04324028 Lot 1A, Blk. 1, General Aviation Apron Subd. No. 6 04324027 Lot 1A, Blk. 3, General Aviation Apron Subd. No. 6 04324024 Lot 2, Blk. 3, General Aviation Apron Subd. No. 1 04324010 Lot 1A, Blk. 4, General Aviation Apron Subd. No. 3 04324011 Lot 2, Blk. 4, General Aviation Apron Subd. No. 1 04324012 Lot 3, Blk. 4, General Aviation Apron Subd. No. 1 04324026 Lot 9A, Blk. 5, General Aviation Apron Subd. No. 5 04324021 Lot 7, Blk. 5, General Aviation Apron Subd. No. 1 Amended 04324020 Lot 6, Blk. 5, General Aviation Apron Subd. No. 1 Amended 04324019 Lot 5, Blk. 5, General Aviation Apron Subd. No. 1 Amended 04324018 Lot 4, Blk. 5, General Aviation Apron Subd. No. 1 Amended 04324017 Lot 3, Blk. 5, General Aviation Apron Subd. No. 1 Amended 04324016 Lo11! B lk. 5, General Aviation Apron Subd. No. 1 Amended 04324015 Lot 1, Blk. 5, General Aviation Apron Subd. No. 1 Amended u "Villaye with a Past, City with a Future'/ 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 www.kenai.city MEMORANDUM TO: Mayor Porter and Council Members FROM: Council Member Henry Knackstedt DATE: March 30, 2016 SUBJECT: Rezone Ordinance No. 2885 -2016 At the May 6, 2015 Council Meeting, the City Council took action "directing the Airport Commission, Planning and Zoning Commission and Administration to provide recommendations regarding appropriate zoning for Airport lands." In support of the Discussion/Action Item, I included a memo explaining that when the City initiated its zoning, all airport properties were designated as "Conservation," meaning the properties were to be `conserved' for the benefit of the Airport in accordance with the 1963 deed of conveyance from the FAA to City. I recommended that consideration should be given to creating a new zone within the Airport Reserve that was more appropriate and consistent for the area given the potential misunderstanding of what was intended by the title of the current zone. At the May 14, 2015 and February 11, 2016 Airport Commission Meetings, the rezone was discussed. On June 24, 2015 and January 13, 2016 the rezone was discussed by the Planning and Zoning Commission. The bodies held three joint work sessions on June 23, 2015 and November 12, 2015 and January 13, 2016. The result of these seven public meetings was a recommendation by both bodies to rezone the subject 51 Airport parcels to Airport Light Industrial. Notice of the rezone was published and sent to all land owners within 300 feet of the effected parcels. The Airport Light Industrial Zone seeks to protect the viability of the Airport, encourage appropriate development and compatible land uses in consideration of protecting the Runway Protection Zones and helping to reduce hazards to public health, safety and welfare. The Airport Master Plan Phase 2 Report discusses the need to rezone airport lands currently classified as "Conservation" in Sections 5.10 -Land Use and Zoning, and 7.4- Compatible Land Uses. Applicable excerpts from these sections respectively include: 5.10. The 1963 Quitclaim Deed for the Airport states that "the land, buildings, structures, improvements ..... shall be used for public airport purposes for the use and benefit of the public." Airport lands are identified on the Airport Master Plan and Airport Layout Plan (ALP). Title 21 of the Kenai Municipal Code provides guidance for lease, sale and use of airport-owned properties to ensure there is an adequate supply of land to support operation of the Airport and to reduce incompatible uses in the airport proper. The conservation zoning of much of the Mayor Porter and City Councilors March 30, 2016 Page 2 of 3 Airport lands, especially within the Airport Reserve 5 -31 Boundary, does not support this requirement and is not consistent with airport uses. In addition, a portion of the Airport, on the northwest side, is zoned as rural residential and on the southwest side a portion of the Airport is zoned as suburban residential. The City should consider rezoning these lands to an industrial zone (Light Industrial and General Commercial) within the Airport Reserve Boundary and, as appropriate, elsewhere to provide for development to highest and best uses for the Airport, including support for airport- related uses, for revenue - generating leases, for other private development or for public improvements. 7.4. Most of the land within the Airport Reserve Boundary is currently zoned as "Conservation," as shown earlier on Figure 3 -8, a district that is usually applied to publicly -owned lands which should be preserved primarily as open areas and as watersheds and wildlife reserves. The Airport and related uses have been included in this zone to allow for the reservation of aircraft approach zones. The Conservation designation is not compatible with airport use and aircraft operations and future airport development. The zoning ordinance generally permits structures, including freestanding communications towers, to be up to thirty -five feet (351). Heights exceeding thirty -five feet (35') typicall} require a variance. Other parts of the Airport, within the Airport Reserve Boundary, are currently zoned Light Industrial (IL), Suburban Residential (RS), Rural Residential (RR) and Central Mixed (CMU). The need to change the Airport zoning will be addressed in later phases of the Airport Master Plan. The Comprehensive Plan shows the entire airport property as firture industrial land use and zoning. The Comprehensive Plan recommends rezoning airport lands within the Airport Reserve Boundary to zoning consistent with the Airport Master Plan and Airport Layout Plan and rezoning lands outside the Airport Reserve Boundary to meet the mandate of the 1963 Airport deed The 2003 City of Kenai Comprehensive Plan also recognizes the need for rezoning airport conservation lands, stating on Page 39: Part of the unused airport property designated for airport use is zoned conservation. This zoning status may unnecessarily complicate development of new airport- related uses on airport land. Bringing the zoning into agreement with expected use would remove an administrative obstacle to acceptable development on airport property. The Plan goes on to recommend rezoning parts of the Airport to conform to expected uses and development (Pg. 40 and 46). While I recognize some may desire to wait until an updated Comprehensive Plan is adopted, my position is that it is appropriate to move forward with the rezone at this time, given the time and effort put into the process to date, that it is consistent with recommendations /findings of the current Comprehensive Plan and Airport Master Plan, and there are no guarantees the City will have an updated Comprehensive Plan any time soon. Mayor Porter and City Councilors March 30, 2016 Page 3 of 3 There has also been concern over whether appropriate buffers are accounted for. Again, my position is the Airport rezone will not result in unreasonable interference with adjacent property. The need for buffers between incompatible uses in discussed in the 2003 Comprehensive Plan, and the Airport Master Plan also provides specific guidance with regard to buffers. Around the Airport, there are many existing natural buffers, and KMC 14.25.040 Landscaping Plan- Performance Criteria, provides for buffer landscaping to separate and minimize the impact between adjacent uses. Also many of the existing Airport properties already involve light industrial uses and would see little to no actual change. I& Thank you for your consideration. F3 .,- i •f' Matthew From: [aura sievert <laurasievert @hotmail.com> Sent: Wednesday, March 9, 2016 12:16 AM To: kap1946 @hotmail.com; dmfikes @yahoo.com; respringer @gci.net, Gienese.pettey @edwardjones.com; jimsfrogs @yahoo.com; jtwait @alaska.net; yukonjaxx @gmail.com; Matthew Kelley; Sandra Modigh; Henry Knackstedt Subject: letter for March 9 meeting To the Planning and Zoning Commissioners: I cannot attend the meeting tonight, March 9, and so am writing in order to strongly object to PZ16 -07, rezoning many Conservation parcels to Airport Industrial, and to PX16 -08, rezoning Lawton Acres. These two rezones blatantly disregard what Kenai voters told the city when they rejected the 2013 comprehensive plan a few years ago. I am sure that all of you are aware that during the public meetings held prior to the 2013 plan, people said over and over that they want a city with a center, not haphazard development all the way to Soldotna. Why does the city want to get rid of buffer zones and trees? Are we trying to look like K -Beach road or Wasilla? Why does the city disregard what its residents want for their neighborhoods and for their city? These two rezones would allow the worst kind of unattractive, indiscriminate development. The "flower field" on Lawton is a nice thing, and there has been a lot of money and effort put into maintaining it. And now that's all to be thrown away. It's impossible to understand the 'planning' going on here. Please do not approve these rezones. Sincerely, Laura Sievert 3329 Beaver Loop, Kenai Kristine A. Schmidt 513 Ash Avenue Kenai, Alaska 99611 (907) 283 -7102 March 9, 2016 Kenai Planning & Zoning Commission Re: Resolution PZ16 -07, Rezoning 48 Parcels Resolution PZ16 -08, Rezoning Lawton Acres Dear Commissioners: This letter is to oppose proposed PZ16 -07, rezoning 48 parcels, and PZ16 -08, rezoning Lawton Acres and land across the street, for the following reasons. I request that you table these resolutions until after a new comprehensive plan is approved by the Kenai City Council, 1. Failed 2013 Comprehensive Plan. Rezoning airport lands, and redesignating Lawton Acres as commercial, were controversial parts of the 2013 Comprehensive Plan. That plan failed by a wide margin before Kenai voters in October 2013. Therefore, the City should not be pushing these rezones forward, without getting some public support (not just airport commissioners or City officials). 2. Reduced Quality of Life for Neighborhoods Adjacent to the Airport. The lands proposed to be rezoned have been zoned conservation since the 1960s, Afterwards, hundreds of homes were built west of the airport (including my residence), and these residences depend upon these conservation -zoned lands to buffer them from Kenai airport activity noise and pollution. Rezoning these lands wholesale to industrial will lead to removal of these buffers, which will greatly reduce the quality of life for these residents. This is a failed process as well: the vast majority of residents affected by the airport rezone were not notified about this proposed rezone, because they live more than 300 feet away from the rezoned land. There have been no town hall meetings about this plan, and very little effort by the City -- the bare minimum required by code, which is extremely deficient -- to notify the public of this rezone. I feel confident to say that just about every single person who lives of the west side of the airport opposes this rezone, or would oppose it if they knew about it, There has been no effort whatsoever to minimize this rezone to keep some conservation or lands in place as buffers; for example, along Float Plane Road, or along the west side of the airport. There needs to be a public process with alternatives, not just an automatic rezone of every acre of airport lands to industrial. 3. Premature. Because the 2013 Comprehensive Plan failed completely, there is now a process for a new plan being started. It is premature to enact these rezones before the public is heard on what they want for Kenai airport lands and Lawton acres. There may be a comprehensive plan supported by the public that does not have these rezones in it. 4. Lawton Acres Rezone Has No Public Support. This is the third time that I have participated in objecting to the City's efforts to rezone Lawton Acres since I moved to Kenai in 1982. Each time, there was little to no public support of rezoning these lands, and a huge outcry against rezoning. And the last time, the rezoning was proposed to be limited commercial, not general commercial as in this proposal, which is much less restrictive. Lawton Acres, and the conservation land across the street, have provided buffers between the noisy Kenai Spur Highway, and the residential neighborhoods north and south of the Kenai Spur Highway, for decades. Removal of these buffers will degrade the quality of life for these neighborhoods. There is no need to commercialize these properties at this time. S. Process Not Compliant With City Code. KMC 14.20.270(b) provides that a rezone (amendment to Kenai Zoning Code and maps) can only be applied for by the Kenai Planning & Zoning Commission, Kenai City Council, petition by 50 residents, petition by a majority of property owners in the area to be rezoned, and petition by residents under the City charter. Yet the applicant for these rezones is "City of Kenai." There is no such applicant allowed under the zoning code. This whole process is flawed and should be thrown out and done correctly under the zoning code. There is no urgent need to rezone these lands. These two resolutions are controversial and divisive proposals. The Commission and City officials need to take more time, involve the Public more, and get more public support before moving forward with these plans. As a result, these proposals can easily wait until after the new comprehensive plan process is complete. Please vote to table these resolutions until after the new comprehensive plan is adopted by the Kenai City Council. Very truly yours, KRISTINE A. SCHMIDT �— -2- CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ16 -07 REZONE PERMIT A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, RECOMMENDING TO THE COUNCIL OF THE CITY OF KENAI, ALASKA, APPROVAL OF THE REQUESTED REZONING. WHEREAS, the applicant is the City of Kenai, who's address is 210 Fidalgo Avenue, Kenai, Alaska, 99611; and, WHEREAS, the legal descriptions are: Attached hereto as Exhibit "B "; and, WHEREAS, the KPB Parcel Numbers are: Attached hereto as Exhibit "B "; and, WHEREAS, the Planning & Zoning Commission finds that Kenai Municipal Code Section 14.20.270 describes the amendment procedures and initiation of Zoning Code and Official Map Amendments; and, WHEREAS, Kenai Municipal Code Section 14.20.270(b)(1)(C) provides that the request may be submitted by the property owner in the area to be rezoned; and, WHEREAS, the City of Kenai Planning and Zoning Commission finds: 1. The subject parcels are currently zoned Conservation, Rural Residential, Suburban Residential and Light Industrial; 2. The present land use plan designation is Airport Industrial & Neighborhood Residential; 3. The proposed Zoning District is Airport Light Industrial; and, WHEREAS, the rezone of 51 parcels totaling approximately 1,253.5 acres within the Airport Reserve Boundary as shown on Exhibit "A" is in the best interest of the City of Kenai; and, WHEREAS, the rezone to Airport Light Industrial is generally consistent with the 2003 City of Kenai Comprehensive Plan Land Use designations of Airport Industrial and Neighborhood Residential; and, Resolution No. PZ16 -07 Page 2 oft WHEREAS, the City of Kenai Planning and Zoning Commission finds that the conditions which are prerequisite to issuance of a rezone have been met, as follows: 1. Applicant must comply with all Federal, State and local regulations. 2. That a duly advertised public hearing as required by Kenai Municipal Code 14.20.153 was conducted by the Commission on March 9, 2016. NOW, THEREFORE BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, HEREBY RECOMMENDS TO THE COUNCIL OF THE CITY OF KENAI, ALASKA, THAT THE PETITIONED REZONING OF 51 PARCELS WITHIN THE AIRPORT RESERVE BOUNDARY AS SHOWN ON EXHIBIT "A" AND AS LEGALLY DESCRIBED AND SHOWN ON EXHIBIT 'B" BE APPROVED. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, ON THIS 9TH DAY OF MARCH, 2016. CHAIRPERSON: ! J 1 ATTEST: Jeff T ait, Chairperson S nd a Modig City Clerk C0�i a STAFF REPORT To: Planning & Zoning Commission Date: March 9, 2016 Res: PZ16 -07 GENERAL INFORMATION Applicant: City of Kenai 201 Fidalgo Avenue Kenai, AK 99611 Requested Action: Rezone — 51 Parcels within the Airport Reserve Boundary owned by the City of Kenai from Conservation Zone, Rural Residential Zone, Suburban Residential Zone, Light Industrial Zone to Airport Light Industrial Zone. Legal Description: Attached hereto as Exhibit "B" KPB Parcel No.: Attached hereto as Exhibit "B" Existing Zoning: Conservation (C), Rural Residential (RR), Suburban Residential (RS), Light Industrial (IL) Current Land Use: Kenai Municipal Airport — Various Aviation Uses Land Use Plan: Airport Industrial & Neighborhood Residential ANALYSIS General Information: When the City of Kenai received Zoning Authority from the Kenai Peninsula Borough all parcels designated as Airport Property, were zoned Conservation Zone. At the time, it was intended that these parcels be reserved for Kenai Municipal Airport use pursuant to the 1963 Deed of Conveyance from the Federal Aviation Administration. Over time, the interpretation of the Conservation Zone has changed and has moved more towards preserving these parcels for open spaces, watersheds and wildlife reserves. Airports are still included in the Conservation Zone; however, it has been predominantly for aircraft approach zones. As airport lands have been leased and developed, the zoning designation of these parcels has been changed to Light Industrial (IL) which allows "Airports" as a Conditional Use. Kenai Municipal Code Section 14.20.320 — Definitions, defines Airport Use as "a location where aircraft such as fixed -wing aircraft, helicopters, and blimps take off and land. PZ16 -07 Staff Report Page 2 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 take off and land, a helipad, or water for takeoffs and landings, and often includes buildings such as control towers, hangars and terminal buildings." As discussed and proposed in PZ16 -05, staff is recommending that Kenai Municipal Code Chapter 14.20 — Kenai Zoning Code be amended to enact Kenai Municipal Code Section 14.20.065 — Airport Light Industrial Zone (ALI). As part of the proposed creation of the ALI Zone, staff recommends that 51 parcels owned by the City of Kenai as airport lands be rezoned from Conservation Zone, Rural Residential Zone, Suburban Residential Zone and Light Industrial Zone to ALI. The rezoning of these subject parcels would be in conjunction with the approval of an Ordinance by the Council of the City of Kenai to enact the ALI Zone. A map showing the Kenai Municipal Airport and the Airport Reserve Boundary with the proposed ALI Zone is attached as Exhibit "A ". The Kenai Peninsula Borough Parcel Numbers and respective legal descriptions for the proposed 51 parcels to be rezoned to ALI is attached as Exhibit "B ". Kenai Municipal Code (KMC) 14.20.270 describes amendment procedures. Section 2 states, "Amendments to the Official Zoning Map shall be considered only if the area to be rezoned contains a minimum of one (1) acre (excluding street or alley rights -of -way) unless the amendment enlarges an adjacent district boundary." As shown on Exhibit "A ", the subject 51 parcels are zoned Conservation Zone, Rural Residential Zone, Suburban Residential Zone and Light Industrial Zone. The subject parcels are located entirely with the Airport Reserve Boundary and comprise approximately 1,253.5 acres. The intent of the Conservation Zone, as described in KMC 14.20.070 is: 'The C- Zone is intended to apply to areas which should be preserved primarily as open areas and a watersheds and wildlife reserves. Airport and related uses have been included in this zone to allow for the reservation of aircraft approach zones. It is intended that this zone shall apply mainly to publicly owned land." The intent of the Rural Residential Zone, as described in KMC 14.20.080 is: 'The RR Zone is intended to provide for low density residential development in outlying and rural areas in a form which creates a stable and attractive residential environment. The specific intent in establishing this zone is: (1) To separate residential structures to an extent which will: (A) Preserve the rural, open quality of the environment; (B) Prevent health hazards in areas not served by public water and sewer. (2) To prohibit uses which would: (A) Violate the residential character of the environment; (B) Generate heavy traffic in predominantly residential areas." PZ16 -07 Staff Report Page 3 The intent of the Suburban Residential Zone, as described in KMC 14.20.090 is: "The RS Zone is intended to provide for medium density residential development in areas which will be provided with common utility systems. The specific intent in establishing this zone is: (1) To separate residential structures to an extent which will allow for adequate light, air, and privacy; (2) To prohibit uses which would: (A) Violate the residential character of the environment; (B) Generate heavy traffic in predominantly residential areas." The intent of the Light Industrial Zone, as described in KMC 14.20.130 is: `The IL Zone is designed to provide for the development of industrial and commercial uses which are usually compatible and which are of a type which has no nuisance effects upon surrounding property, or which may be controlled to prevent any nuisance effects upon surrounding property. New residential uses and other non - industrial uses, except as otherwise provided in this chapter, are not permitted in this zone as principal uses because it is intended that land classified in this zone be reserved for industrial and commercial purposes, and because the IL zone is not suited to the excluded uses." As described in PZ16 -05, the intent of the proposed Airport Light Industrial Zone would be: 'The ALI Zone is established to protect the viability of the Kenai Municipal Airport as a significant resource to the community by encouraging compatible land uses, densities and reducing hazards that may endanger the no nuisance effects upon surrounding property, or which may be controlled to prevent nuisance effects upon surrounding property. New residential uses are not permitted in this zone because it is intended that lots classified in the ALI Zone are reserved for aviation - related commercial and industrial uses." The 2003 Comprehensive Plan classifies the 51 subject parcels as Airport Industrial and one parcel as Neighborhood Residential. The 2003 City of Kenai Comprehensive plan classifies Airport Light Industrial as: 'The Airport Industrial district identifies airport lands reserved for the Kenai Municipal Airport and its future expansion, and tracts needed for present and future aviation - related uses and activities." Pursuant to the 2003 City of Kenai Comprehensive Plan, the subject 50 parcels located within the Airport Reserve Boundary which have a Land Use designation of Airport Industrial would be consistent with the rezoning from the Zoning designations described above to ALI and would support continued consistency with aviation compatible land -use. By their nature, airport land uses are consistent with that of commercial or industrial type uses and are not generally compatible with residential uses. Given that the subject 50 parcels have a land use designation of Airport Industrial; it would be appropriate for commercial uses to be located on it. PZ16 -07 Staff Report Page 4 Thus, providing general consistency with the 2003 Comprehensive Plan. The 2003 City of Kenai Comprehensive Plan classifies Neighborhood Residential as: 'The Neighborhood Residential district consists of single - family and multi- family residential areas that are urban or suburban in character. Typically, public water and sewer services are in place or planned for installation. This land use district may include both single - family and multi - family dwellings subject to reasonable density transitions and /or design compatibility. Formal public outdoor spaces (parks) are a critical feature in this district. Small home -based businesses may be accommodated within certain design guidelines. Neighborhood institutional uses such as churches, schools, and day care facilities may be intermixed if they comply with neighborhood design guidelines." With regards to Kenai Peninsula Borough Parcel No. 04317037, further legally described as Lot 1A, Kenai Cemetery Expansion No. 2. While this subject parcel is located within the Airport Reserve Boundary, it has been designed to serve as future development and expansion of the Kenai Cemetery. As defined in the proposed ALI Zone, a cemetery would be a principally permitted use and would therefore be allowed on the subject parcel. Furthermore, the expansion of the Kenai Cemetery is a benefit to the Citizens of Kenai. Also, the 2003 Comprehensive Plan discusses the installation of outdoor spaces within the Neighborhood Residential Land Use designation, which is a compatible continued use of the subject parcel. Therefore, the continued designation of this subject parcel for future expansion of the Kenai Cemetery would be consistent with the Comprehensive Plan and with the ALI Zoning District. RECOMMENDATIONS As proposed the rezone meets the requirements of Kenai Municipal Code 14.20.270. The requested rezone would help to protect the viability of the Kenai Municipal Airport. It would continue to seek and encourage appropriate development and compatible land uses which are consistent with aviation uses. It would also take into account the protection of Runway Protection Zones and help to reduce hazards to public health, safety and welfare. The issuance of the Rezoning permit shall be conditioned upon the following: 1. Applicant shall comply with all Federal, State and local regulations. ATTACHMENTS: 1. Resolution No. PZ16 -07 2. Exhibit "A" 3. Exhibit "B" REZONING APPLICATION Reset Form PETITIONER City of Kenai MAILING ADDRESS 210 Fidalgo Avenue CITY, STATE, ZIP Kenai, AK 99611 PHONE 907 - 283 -7535 LEGAL DESCRIPTION EParcels Owned by the City of Kenai within the Airport Reserve Boundary - See Attached Map PHYSICAL ADDRESS Various - See Attached Map PARCEL NUMBER Various - See Attached Map PRESENT ZONE Conservation, Rural Residential, Light Industrial PROPOSED ZONE Airport Light Industrial ad Use and /or Reason for Rezoning: of PZ16 -05 - Establishing the Airport Light Industrial Zone and rezoning 5J Parcels within the Reserve Boundary to Airport Light Industrial from Conservation, Rural Residential and Light Section 14.20.270 Amendment Procedures governs any amendment to the Kenai Zoning Code and Official Map. PLEASE READ THE FOLLOWING, COMPLETE THE BLANKS AND INITIAL THE SPACE AFTER THE ITEM NUMBER TO INDICATE THAT YOU HAVE READ AND UNDERSTAND THESE CONDITIONS. 1. / 1 Amendments to the Kenai Zoning Code and Official Map may be initiated by: Kenai City 7� Council; Kenai Planning and Zoning Commission; Submission of a petition by a majority of the property owners in the area to be rezoned; or, a petition bearing the signatures of fifty (50) registered voters within the City of Kenai to amend the ordinance text; or, submission of a petition as provided by the Home Rule Charter of the City of Kenai. 2. /1/ 1 Amendments to the Official Zoning Map shall be considered only if the area to be rezoned contains a minimum of one (1) acre (excluding street or alley right -of -way) unless the amendment enlarges an adjacent district boundary. 3. A Public Notification and Hearing is required before the issuance of this permit. A $125 (plus sales tax) non - refundable deposit/advertising and administrative services fee is required to cover these notification costs. Depending on the rezone location, an Affidavit of Posting may also be required. 8/16/2013 4. -. & A proposed amendment to the zoning ordinance which is substantially the same as any 7 t other proposed amendment submitted within the previous nine (9) months and which was not approved shall not be considered. REZONING CHECKLIST: a. MAP b. SIGNATURES c. DEPOSIT /ADVERTISING FEE ($125 +sales tax) d. APPLICATION FORM OR LETTER e. AFFIDAVIT OF POSTING 8/16/2013 BOO i $a. AG ay Yeaei :iecording District 11i41 QUITCLAIM DEED Serial 2 S' Q„" tee`':' /L• 19�A THIS INDENTURE, made as of the 1st day of December 1963, 7i€twge 'vco Ni o", c the UNITED STATES OF AMERICA, acting by and through the Administrato V.O �E�p�ty Services under and pursuant to the powers and authority contained in the provisions of the Federal Property and Administrative Services Act of 1949 (63 Stat. 377) and the Surplus Property Act of 1944 (58 Stat. 765) as amended, and regulations and orders promulgated thereunder, hereinafter referred to as the "Grantor ", and the CITY OF KENAI, a municipal corporation of the State of Alaska, hereinafter referred to as the "Grantee ". WITNESSETH: That Grantor, for and in consideration of the assumption by the Grantee of all the obligations and its covenant to abide by and agreement to certain reservations, restrictions and conditions, all'as set out hereinafter, does hereby remise, release and forever quitclaim unto Grantee, its transferees, successors and assigns, under and subject to the reservations, exceptions, restrictions and conditions hereinafter set out, all of the Grantor's right, title and interest in and to that certain real property located in Kenai, Alaska and more particularly described as: All those certain lands comprising the Kenai Airport, Kenai, Alaska, located in T. 5N., R. 11W.; and T. 6N., R. 11W., S. M.; North and Northwest of the townsite of Kenai, Alaska and situated in the Kenai Recording Precinct, Third Judicial District, State of Alaska, being more particularly described as follows: AND W12 of Section 28; SE4 of Section 29; Section 32; W i Section 33 all lying in T. 6 N., R. 11 W . , S.M.; Lot No. 1, (NE4L NE4); Lot No. 2, (NWg NE' -0); Lot No. 3, NE-' NWn' -); Lot No. 4 (NWi NW24); Lot No. 5 (SW4 NE20, all lying in Section 5; AND, that portion of the Si of the NW0'- Section 5, T., 5 N., R. 11 W,, S. M. commencing at the corner common to Sections 31 and 32. T. 6 N„ R. 11 W., S. M. and Sections 5 and 6, T. 5 N. , R. 11 W., S. M. thence proceed S. 00 091 E. 1326. 73 feet along the line between Sections 5 and 6 to the true point of beginning; thence continue S. 00 09' E. 331. 98 feet along said section line to a point; thence S. 0011' E. 495. 33 feet to a point; thence N. 89053' E. 783.30 feet to a point; thence N. 00 111 W.41. 25 feet to a point; thence N. 890 531 E. 123. 62 feet to a point; thence S. 00 Ill E. 41. 25 feet to a point; thence N. 890 531 E. 412. 21 feet to a point; thence N. 00 08! W. 51. 40 feet to a point; thence N. 840 26' 45" E. 1325. 04 feet to a point; thence N. 00 07' W. 672. 54 feet to a, point; thence S. 890 53' W. 2638. 68 feet to the point of beginning; AND, that portion of the E} of the NEq, Section 6, T. 5 N., R. 11 W„ S. M. commencing at the corner common to Sections 31 and 32, T. 6 N., R. 11 W. S. M. and Sections 5 and 6, T. 5 N., R. 11 W., S. M., which is the true point of beginning of this BOO %C!x. pCE_,� °y Benxi F? wding District description; thence proceed West 660 feet along the line between Sections 31 and 6 to a point; thence S. 0° 11' E. 1037.13 feet to a point; thence S. 71° 15' E. 300.76 feet to a point; thence S. 17° 11' W. 544. 90 feet to a point; thence East 539.97 feet to a point on the line between Sections 6 and 5; thence along said line N. 00 09' W. 1658. 71 feet to the point of beginning. .. - EXCEPTING THEREFROM the following described tracts of land; Commencing at the corner common to Sections 5 and 6, T. 5 N., R. 11 W., S. M., and Sections 31 and 32, T. 6 N. R. 11 W., S. M., which is the true point of beginning of this description; thence proceed N. 00 081 W. 660 feet along the line between Sections 31 and 32, thence East 873. 55 feet to a point; thence S. 28° 40' W. 837. 68 feet to a point; thence West 470 feet to a point; thence N. 0° 091 W. 75 feet to the point of beginning of this description; AND, the E- SWgNWaSEgNWV and the EzWfSWZ2 NWJSEjNW7 of Section 5, T., 5 N. , R. 11W.. S. M. TOGETHER WITH the following described improvements located thereon: (a) 1,000' x 150' gravel aircraft runway No. 18 -36. (b) Gravel aircraft parking area complete with tie down cables. (c) Gravel aircraft auxiliary parking area complete with tie down cables. (d) Gravel Helio -Port. (e) Gravel loading and unloading area for aircraft. (f) Field lighting system A. N. C. medium intensity series. (g) One rotating internally illuminated beacon with a retractable wind cone mounted on a 51 foot steel tower. RESERVING TO the United States of America, its transferees and assigns, the right to use, occupy and maintain Government -owned facilities with right of ingress and egress thereto, over the following described tracts located within the boundaries of the Kenai Airport. The tracts are more particularly described as: TRACT A -1 Commencing at the corner common to Sections 32 and 33, T. 6 N. , R. 11 W. , S.M., and Sections 5 and 4. T. 5N_ R. 11 W., S. M. , _ProceeddaS. 04 041 E. 1316, 1 feet to a point; thence (W.' 89° 53• W' 1060. 3 feet to the true point of beginning; thence N. it °341 W. 460 feet to a point; thence S. 470 29' W. 1110 feet to a point; thence S. 170 I1' W. 950 feet to a point; thence N. 890 531 E. 1156.24 feet to a point; thence N. 0° 071 W. 1321.11 feet to a point; thence N. 89° 531 E. 265 feet to the point of beginning, an area containing 29.776 acres m /l. -2- HOOK 11h_''9 pAG c S Kenai Recording District TRACT A -2 Commencing at the centerline of Runway 18 -36, at Station 14 + 00; proceed S. 610 20' E. 250 feet to the true point of beginning of this description; thence S. 280 401 W. 200 feet to a point; thence S. 61° 20' E. 400 feet to a point; thence N. 28° 40' E. 400 feet to a point; thence N. 61e 20' W. 400 feet to a point; thence S. 280 40' W. 200 feet to the point of beginning, an area containing 3.673 acres m /1. TRACT A -3 Commencing at the centerline -end of Runway No. 36, which is Engineer Station 0 + 00; thence proceed S. 610 201 E. 150 feet to the southeast corner of Runway No. 36, which is the true point of beginning, and Corner No. 1 of this descrip- tion; thence proceed N. 280 40' E. 78 feet along the east edge of said runway to Corner No. 2; thence S. 61° 20' E. 180 feet to Corner No. 3; thence N. 84° 10' E. 610 feet to Corner No. 4; thence S. 5' 50' E. 300 feet to Corner No. -5; thence S. 840 10' W. 675 feet to Corner No. 6; thence N. 60 50' W. 253. 51 feet to Corner No. 7; thence N. 610 20' W. 150 feet to Corner No. 1 and the true point of beginning, an area containing 4.931 acres m /l. RESERVING TO the United States of America, its transferees and assigns the following: An easement with the right of access thereto for the purpose of construction, operation, maintenance, repair, removal or replacement of existing Government -owned overhead and underground power and communication lines as now located within the boundaries of the Kenai Airport. An easement with right of access thereto for the purpose of construction, operation, maintenance, repair, removal or replacement of the existing Government -owned neon - tubing approach lighting system located at the north end of Runway 18 -36. The right of ingress and egress on, over and across all established streets, highways or trailways as they presently exist or as they may be modified hereafter and to all other _areas within the boundaries of the Kenai Airport. . The right to use and occupy space on the lands transferred by this deed and on other lands which may be subsequently acquired by the City of Kenai, Alaska for use in connection with the operation of the Kenai Airport together with all necessary easements for power, control lines and cables, including the right of access to and from any such space and said rights, use, and occupancy by the United States of America to be without charge. -3- EOOH,I7 A1— PAGE ,1 A �- Kenai Recording Dishlct EXCEPTING AND RESERVING TO the United States of America, its transferees and assigns, all oil and gas in the land above described, together with the right to prospect for, mine and remove the same under applicable laws and regulations heretofore and hereafter established by the Secretary of the Interior. SUBJECT TO the following oil and gas leases now of record in the Office of the Bureau of Land Management, United States Department of the Interior: 1. Oil and Gas Lease Anchorage Serial No. 028113 2. Oil and Gas Lease Anchorage Serial No. 030247 e�o�.e 3. Oil and Gas Lease Anchorage Serial No. 045234A 4. Oil and Gas Lease Anchorage Serial No. 050117 5. Oil and Gas Lease Anchorage Serial No. 050804 6. Oil and Gas Lease Anchorage Serial No, 053741 SUBJECT TO the following permits and rights -of -way now of record in the Office of the Bureau of Land Management, United States Department of the Interior: 1. Free use gravel permit issued to Bureau of Public Roads now assigned to State of Alaska, Department of Public Works, Anchorage serial No. 030412, 2. Free use gravel permit issued to Bureau of Public Roads now assigned to State of Alaska, Department of Public Works, Anchorage serial No. 031635. 3. Special land use permit issued to Peninsula Development Corporation, P. O. Box 633, Anchorage, Alaska, Anchorage serial No. 055378. 4. Special land use permit issued to Paul D. Whiteman, Anchorage serial No. 055618. 5. Electric power pole line right -of -way issued to Kenai Power Corporation, Kenai, Alaska, Anchorage serial No. 057062. EXCEPTING, HOWEVER, from this conveyance all right, title and interest in and to all its property in the nature of equipment, furnishings and other personal property located on the above described premises which can be removed from the land without material injury to the land or structures located thereon, other than property of such nature located on the premises conveyed hereby which is reasonably necessary for the operation or maintenance of the airport or for the operation or maintenance of the structures and improvements specifically listed hereinabove as being transferred hereby or for any reasonable use for which such structures or improvements are readily adaptable; and further excepting from this conveyance all its structures on said premises other than structures specifically described or enumerated above as being conveyed hereunder; and reserving to the -4- E00 ' 2ual r AGE 1 Kenai Reoa ding DisRict Grantor, for itself and its lesees, licensees, permittees, agents and assigns the right to use the property and structures excepted hereby in such a manner as will not materially and adversely affect the development, improvement, operation or maintenance of the airport and the right of removal from said premises of such property and structures, all within a reasonable period of time after the date hereof, which shall not be construed to mean any period more than one (1) year after the date of execution of this instrument, together with a right of ingress to and egress from said premises for such purposes. All of the property transferred hereby was both duly determined to be surplus to the needs and requirements of the United States of America and was assigned to the Administrator of General Services for disposal pursuant to the provisions of the Federal Property and Administrative Services Act of 1949 and applicable rules, regulations and orders. TO HAVE AND TO HOLD said premises, with appurtenances, except the property excepted above and the rights reserved above under and subject to the reservations, restrictions and conditions set forth in this instrument, unto Grantee, its transferees, successors and assigns, forever. By the acceptance of this deed or any rights hereunder, the said Grantee, for itself, its transferees, successors and assigns, agrees that the transfer of the property hereinabove transferred by this instrument is accepted subject to the following restrictions set forth in subparagraphs (1), (2),. and (3) of this paragraph, which shall run with the land, imposed pursuant to the authority of Article 4, Section 3, Clause 2 of the Constitution of the United States of America, the Federal Property and Administrative Services Act of 1949, the Surplus Property Act of 1944, as amended thereby, and the applicable rules, regulations and orders. (1) That, except as provided in subparagraph (6) of the next succeeding unnumbered paragraph, the land, buildings, structures, improvements and equipment in which this instrument transfers any interest shall be used for public airport purposes for the use and benefit of the public, on reasonable terms and without unjust discrimination and without grant or exercise of any exclusive right for use of the airport MIS BOO d ' % AGF, —la-- Kenai According District within the meaning of the terms "exclusive right" as used in subparagraph (4) of the next succeeding paragraph. As used in this instrument, the term "airport" shall be deemed to include at least all such land, buildings, structures, improvements and equipment. (2) That, except as provided in subparagraph (6) of the next succeeding paragraph, the entire landing area, as defined in GSA Reg. 2 -1 -102. 01 a. 11 (44 C. F. R. 101. 19), and all structures, improvements, utilities, facilities and equipment in which this instrument transfers any interest shall be maintained for the use and benefit of the public at all times in good and serviceable condition, provided, however, that such maintenance shall be required as to structures, improvements, utilities, facilities and equipment only during the remainder of their estimated life, as determined by the Administrator of the Federal Aviation Agency or his successor. In the event materials are required to rehabilitate or repair certain of the aforementioned structures, improvements, utilities, facilities, or equipment, they may be pmcured by demolition of other structures, improvements, utilities, facilities or equipment transferred hereby and located on the above described premises which have outlived their use as airport property in the opinion of the Administrator of the Federal Aviation Agency or his successor. (3) Subsurface rights to minerals or other interests included in the real property conveyed herein shall not be exploited in such a way as will interfere with the efficient operation of the airport. By the acceptance of this deed or any rights hereunder, the said Grantee, for itself, its transferees, successors and assigns, also assumes the obligation of, covenants to abide by and agrees to, and this transfer is made subject to, the following reservations and restrictions set forth in subparagraphs (1) to (7), inclusive, of this paragraph, which shall run with the land, imposed pursuant to the authority of Article 4, Section 3, Clause 2 of the Constitution of the United States of America, the Federal Property and Administrative Services Act of 1949, the Surplus Property Act of 1944, as amended thereby, and applicable rules, regulations and orders. Rooms 7 4�A&AGa 701 KrnM Recording Dbtid (1) That insofar as it is within its powers, the Grantee shall adequately clear and protect the aerial approaches to the airport by removing, lowering, relocating, marking or lighting or otherwise mitigating existing airport hazards and by preventing the establishment or creation of future airport hazards. (2) That the United States of America (hereinafter sometimes referred to as the "Government ") through any of its employees or agents shall at all times have the right to make nonexclusive use of the landing area of the airport at which any of the property transferred by this instrument is located or used, without charge; Provided, however, that such use may be limited as may be determined at any time by the Administrator of the Federal Aviation Agency or his successor to be necessary to prevent undue interference with the use by other authorized aircraft; Provided, further, that the Government shall be obligated to pay for damages caused by such use, or if its use of the landing area is substantial, to contribute a reasonable share of the cost of maintaining and operating the landing area, commensurate with the use made by it, (3) That during any national emergency declared by the President of the United States of America or the Congress thereof, the Government shall have the right to make exclusive or nonexclusive use and have exclusive or nonexclusive control and possession, without charge, of the airport at which any of the property transferred by this instrument is located or used, or of such portion thereof as it may desire, provided, however, that the Government shall be responsible for the entire cost of maintaining such part of the airport as it may use exclusively, or over which it may have exclusive possession or control during the period of such use, possession, or control, and shall be obligated to contribute a reasonable share, commensurate with the use made by it, of the cost of maintenance of such property as it may use nonexclusively or over which it may have nonexclusive control and possession; Provided, further, that the Government shall pay a fair rental for its use, control, or possessioq exclusively or nonexclusively of any improvements to the airport made without United States aid. -7- EOOK_2 :- J' PACE —I/ Kenai Recording District (4) That no exclusive right for use of the airport at which the property transferred by this instrument is located shall be vested (directly or indirectly) in any person or persons to the exclusion of others in the same class, the term "exclusive right" being defined to mean (a) any exclusive right to use the airport for conducting any particular aeronautical activity requiring operation of aircraft; (b) any exclusive right to engage in the sale or supplying of aircraft, aircraft accessories, equipment, or supplies (excluding the sale of gasoline and oil), or aircraft services necessary for the operation of aircraft (including the maintenance and repair of aircraft, aircraft engines, propellers and appliances). (5) That, except as provided in subparagraph (6) of this paragraph, the property transferred hereby may be successively transferred only with the proviso that any such subsequent transferee assumes all the obligations imposed upon the Grantee by the provisions of this instrument. (6) That no property transferred by this instrument shall be used, leased, sold, salvaged, or disposed of by the Grantee for other than airport purposes without the written consent of the Administrator of the Federal Aviation Agency, which shall be granted only if said Administrator determines that the property can be used, leased, sold, salvaged or disposed of for other than airport purposes without materially and adversely affecting the development, improvement, operation or maintenance of the airport at which such property is located. hereby release the Government, and will take whatever action may be required by the Administrator of General Services to assure the complete release of the Government from any and all liability the Government may be under for restoration or other damages under any lease or other agreement covering the use by the Government of the airport, or part thereof, owned, controlled or operated by the Grantee, upon which, adjacent to which, or in connection with which, any property transferred by this instrument was located or used; Provided, -8- fi0OK2— L- 6.e—PAGF // K =al Raavrding District that no such release shall be construed as depriving the Grantee of any right it may otherwise have to receive reimbursement under Section 17 of the Federal Airport Act for the necessary rehabilitation or repair of public airports heretofore or hereafter substantially damaged by any Federal agency. By acceptance of this instrument or any rights hereunder, the Grantee further agrees with the Grantor as follows: (1) That in the event any of the aforesaid terms, conditions, reservations or restrictions are not met, observed, or complied with by the Grantee or any subsequent transferee, whether caused by the legal inability of the Grantee or subsequent transferee to perform any of the obligations herein set out, or otherwise, the title, right of possession and all other rights transferred by this instrument to the Grantee, or any portion thereof, shall at the option of the Grantor revert to the Grantor sixty (60) days following the date upon which demand to this effect is made in writing by the Administrator of the Federal Aviation Agency or his successor in function, unless within said sixty (60) days such default or violation shall have been cured and all such terms, conditions, reservations and restrictions shall have been met, observed or complied with, in which event said reversion shall not occur and title, right of possession, and all other rights transferred hereby, except such, if any, as shall have previously reverted, shall remain vested in the Grantee, its transferees, successors and assigns. (2) That if the construction as covenants of any of the foregoing reservations and restrictions recited herein as covenants or the application of the same as covenants in any particular instance is held invalid, the particular reservations or restrictions in question shall be construed instead merely as conditions upon the breach of which the Government may exercise its option to cause the title, right of possession and all other rights transferred to the Grantee, or any portion thereof, to revert -9- Kenai Rewrding Dishiet that no such release shall be construed as depriving the Grantee of any right it may otherwise have to receive reimbursement under Section 17 of the Federal Airport Act for the necessary rehabilitation or repair of public airports heretofore or hereafter substantially damaged by any Federal agency. By acceptance of this instrument or any rights hereunder, the Grantee further agrees with the Grantor as follows: (1) That in the event any of the aforesaid terms, conditions, reservations or restrictions are not met, observed, or complied with by the Grantee or any subsequent transferee, whether caused by the legal inability of the Grantee or subsequent transferee to perform any of the obligations herein set out, or otherwise, the title, right of possession and all other rights transferred by this instrument to the Grantee, or any portion thereof, shall at the option of the Grantor revert to the Grantor sixty (60) days following the date upon which demand to this effect is made in writing by the Administrator of the Federal Aviation Agency or his successor in function, unless within said sixty (60) days such default or violation shall have been cured and all such terms, conditions, reservations and restrictions shall have been met, observed or complied with, in which event said reversion shall not occur and title, right of possession, and all other rights transferred hereby, except such, if any, as shall have previously reverted, shall remain vested in the Grantee, its transferees, successors and assigns. (2) That if the construction as covenants of any of the foregoing reservations and restrictions recited herein as covenants or the application of the same as covenants in any particular instance is held invalid, the particular reservations or restrictions in question shall be construed instead merely as conditions upon the breach of which the Government may exercise its option to cause the title, right of possession and all other rights transferred to the Grantee, or any portion thereof, to revert -9- BOOK. - 74A / PACZ- }�/�7_ Kenai Rmrding Dishid to it, and the application of such reservations or restrictions as covenants in any other instance and the construction of the remainder of such reservations and restrictions as covenants shall not be affected thereby. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed as of the day and year first above written. UNITED STATES OF AMERICA Acting by and through the Administrator of General Services BY �. � ad 4a- — -- Chief, Real Property Division Utilization and Disposal Service STATE OF WASHINGTON ) ) ss COUNTY OF KING ) On this ' "- day of ° I r'- 1- , 1964, before the undersigned, a Notary Public in and for the State of Washington, personally appeared to me known to be the - Chief, Real Property Division, Utilization and Disposal Service, General Services Administration, Region 10, and to me known to be the individual described in and who executed the foregoing instrument and who under oath stated that he was duly authorized, empowered and delegated by the Administrator of General Services to execute the said instrument and acknowledged the foregoing instrument to be his free and voluntary act and deed, acting for and on behalf of the Administrator of General Services, acting for and on behalf of the United States of America, for the uses and purposes therein mentioned. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate above written. ' �P Notary Public in and or the State of Washington, residing at Federal Way - FILL -D q y I DATE-- REZONING APPLICATION Reset Form PETITIONER City of Kenai MAILING ADDRESS 210 Fidalgo Avenue CITY, STATE, ZIP Kenai, AK 99611 PHONE 907 - 283 -7535 LEGAL DESCRIPTION AParoels Owned by the City of Kenai within the Airport Reserve Boundary - See Attached Map PHYSICAL ADDRESS Various - See Attached Map PARCEL NUMBER Various - See Attached Map PRESENT ZONE Conservation, Rural Residential, Light Industrial PROPOSED ZONE Airport Light Industrial of PZ16-05 Establishing the Airport Light Industrial Zone and rezoning 51 Parcels within the Reserve Boundary to Airport Light Industrial from Conservation, Rural Residential and Light Section 14.20.270 Amendment Procedures governs any amendment to the Kenai Zoning Code and Official Map. PLEASE READ THE FOLLOWING, COMPLETE THE BLANKS AND INITIAL THE SPACE AFTER THE ITEM NUMBER TO INDICATE THAT YOU HAVE READ AND UNDERSTAND THESE CONDITIONS. 1. Amendments to the Kenai Zoning Code and Official Map may be initiated by: Kenai City Council; Kenai Planning and Zoning Commission; Submission of a petition by a majority of the property owners in the area to be rezoned; or, a petition bearing the signatures of fifty (50) registered voters within the City of Kenai to amend the ordinance text; or, submission of a petition as provided by the Home Rule Charter of the City of Kenai. 2. /1/ I Amendments to the Official Zoning Map shall be considered only if the area to be rezoned contains a minimum of one (1) acre (excluding street or alley right -of -way) unless the amendment enlarges an adjacent district boundary. 3. A Public Notification and Hearing is required before the issuance of this permit. A $125 (plus sales tax) non - refundable deposit/advertising and administrative services fee is required to cover these notification costs. Depending on the rezone location, an Affidavit of Posting may also be required. 8/16/2013 4. i /// A proposed amendment to the zoning ordinance which is substantially the same as any 74 L other proposed amendment submitted within the previous nine (9) months and which was not approved shall not be considered. REZONING CHECKLIST: a. MAP b. SIGNATURES c. DEPOSIT /ADVERTISING FEE ($125 + sales tax) d. APPLICATION FORM OR LETTER e. AFFIDAVIT OF POSTING 8/16/2013 I 4 AIRPORTRESERVEBOUNDARY Exhibit "A" Zoning Proposed Zonl Townsite Historic = Conservation Rural Residential t W Education - Rural Residential - Heavy Industrial - Urban Residential - Light Industrial - Suburban Residential Suburban Residential Central Commercial General Commercial - Central Mixed Use - Airport Light Industrial Zone �r y�e' .. REZONING APPLICATION Reset Form PETITIONER City of Kenai MAILING ADDRESS 210 Fidalgo Avenue CITY, STATE, ZIP Kenai, AK 99611 PHONE 907 - 283 -7535 LEGAL DESCRIPTION KPB Parcel No 04501057 and 04501003 PHYSICAL ADDRESS Various - See Attached Map PARCEL NUMBER KPB Parcel No 04501057 and 04501003 PRESENT ZONE Conservation PROPOSED ZONE General Commerical tended Use and /or Reason for Rezoning: rezone the subject parcels which are owned by the Kenai Airport to allow for potential future mmerical Use. Section 14.20.270 Amendment Procedures governs any amendment to the Kenai Zoning Code and Official Map. PLEASE READ THE FOLLOWING, COMPLETE THE BLANKS AND INITIAL THE SPACE AFTER THE ITEM NUMBER TO INDICATE THAT YOU HAVE READ AND UNDERSTAND THESE CONDITIONS. Amendments to the Kenai Zoning Code and Official Map may be initiated by: Kenai City Council; Kenai Planning and Zoning Commission; Submission of a petition by a majority of the property owners in the area to be rezoned; or, a petition bearing the signatures of fifty (50) registered voters within the City of Kenai to amend the ordinance text; or, [/1/ submission of a petition as provided by the Home Rule Charter of the City of Kenai. /�° 2 Amendments to the Official Zoning Map shall be considered only if the area to be rezoned contains a minimum of one (1) acre (excluding street or alley right -of -way) (// unless the amendment enlarges an adjacent district boundary. 3. /v � A Public Notification and Hearing is required before the issuance of this permit. A $125 (plus sales tax) non - refundable deposit/advertising and administrative services fee is required to cover these notification costs. Depending on the rezone location, an Affidavit of Posting may also be required. 8/16/2013 4. _A4 A proposed amendment to the zoning ordinance which is substantially the same as any other proposed amendment submitted within the previous nine (9) months and which was not approved shall not be considered. REZONING CHECKLIST: a. MAP b. SIGNATURES c. DEPOSIT /ADVERTISING FEE ($125 + sales tax) d. APPLICATION FORM OR LETTER e. AFFIDAVIT OF POSTING 8/16/2013