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HomeMy WebLinkAboutOrdinance No. 2883-2016Sponsored by: Council Member Molloy CITY OF KENAI ORDINANCE NO. 2883 -2016 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KMC SECTION 21.15.260- ACQUISITION OF REAL PROPERTY, TO ALLOW FOR ACQUISITION OF REAL PROPERTY OUTSIDE THE AIRPORT RESERVE AS AIRPORT LANDS FOR PUBLIC USE, INCLUDING USE FOR ESTABLISHING AND MAINTAINING BUFFER ZONES. WHEREAS, at present, KMC 21.15.260 authorizes the City to purchase or acquire an interest in or lease real property for a public use, as City Airport Lands, only land that is within the Airport Reserve; and, WHEREAS, the use of real property to establish and maintain buffer zones is a public use; and, WHEREAS, City residents have expressed support for the City's purchase of land both within and outside of the Airport Reserve for the public purpose of establishing and maintaining buffers or buffer zones that will remediate the impacts of airport- related uses and development upon land within and surrounding the Airport Reserve, such as mitigating the impacts of noise and fumes upon residential properties in residential zones; and, WHEREAS, the Airport Master Plan Phase 2 Report prepared for the City of Kenai contains four (4) development concepts that include the City's acquisition of land outside the Airport Reserve for buffer zone(s); and, WHEREAS, it is in the best interests of the City of Kenai to amend KMC 21.15.260 to authorize the City to purchase or acquire an interest in or lease real property for a public use, as City Airport Lands, both within and outside of the Airport Reserve, including use to buffer private and public property from impacts of airport- related uses and development by establishing and maintaining buffers or buffer zones. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1. Form: That this is a code ordinance. Section 2. Amendment of Section 21.15.260 of the Kenai Municipal Code: That Kenai Municipal Code, Section 21.15.260- Acquisition of Real Property, is hereby amended as follows: 21.15.260 Acquisition of [R]Real [P]Property. New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 2883 -2016 Page 2 of 2 (a) The City, by authorization of the City Council, expressed in a resolution for such purpose, may purchase or acquire an interest in or lease [, OR] real property needed for a public use within or outside the Airport Reserve on such terms and conditions as the Council shall determine, but no purchase shall be made until a qualified appraiser has appraised the property and given the Council an independent opinion as to the full and true value thereof. (b) Because of the unique value of real property; the City need not acquire or lease real property by competitive bidding. 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 KMC 1.15.0700, this ordinance shall take effect 30 days after adoption. ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 18th day of May, 2016. PAT PORTER, MAYOR Introduced: May 4, 2016 Enacted: May 18, 2016 Effective: June 18, 2016 New Text Underlined; ]DELETED TEXT BRACKETED] "I/c'��a9e wit�t a Past, C# with aFuture�� the ciCy 1992 KENA ALASKA 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 U Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 MEMORANDUM TO: Mayor Porter, City Council Members, Student Representative FROM: Council Member Molloy Qom, DATE: May 31, 2016 SUBJECT: Ordinance No. 2883 -2016, Amending KMC 21.15.260 Acquisition of Real Property (For City Airport Lands) At present, KMC 21.15.260 authorizes the City to purchase or acquire an interest in or lease real property, as City Airport Lands for a public use, only land within the Airport Reserve. The purpose of this ordinance is to fill this gap by amending KMC 21.15.260(a) to allow the City to purchase or acquire an interest in or lease real property for a public use as City Airport Lands both within and outside the Airport Reserve, including use for establishing and maintaining buffer zones to remediate the impacts of airport- related uses and development upon land within and surrounding the Airport Reserve. Over the years, City residents have expressed support for the City's purchase of land both within and outside of the Airport Reserve for the public purpose of establishing and maintaining buffers or buffer zones that will remediate the impacts of airport- related uses and development upon the land uses within and surrounding the Airport Reserve, such as mitigating the impacts of noise and fumes upon residential properties in residential zones. The separate ordinance proposing the establishment of the Airport Light Industrial Zone recognizes that airports have a widespread impact on surrounding areas and land uses. The Airport Master Plan Phase 2 Report prepared for the City of Kenai contains four (4) development concepts that include the City's acquisition of land outside the Airport Reserve for a buffer zone. Copies of a portion of the four (4) development concepts that relate to land acquisition for buffer zones are attached to this memo. It is in the best interests of the City of Kenai to amend KMC 21.15.260(a) to authorize the City to purchase or acquire an interest in or lease real property for a public use both within and outside of the Airport Reserve, including use to buffer private and public property from impacts of airport- related uses and development by establishing and maintaining buffers or buffer zones. Your support of this ordinance is appreciated. AIRPORT MASTER P PHASE 2 REPORT APRIL 2013 MAY 2014 APRIL 2015 Prepared for CITY OF KENAI k I On z 6.2 DEVELOPMENT CONCEPT ONE Development Concept One retains the existing Runway IL -19R thresholds with the existing nonprecision approach to Runway 1L. The water Runway 1 W -19R is retained as is. The gravel Runway 1R -19L is retained east of Runway 1L -19R. The Airport Reserve Boundary would be shifted northwest from the intersection of Trading Bay Street and Granite Point Street and north from the Kenai Spur Highway to Cohoe Avenue. Currently planned improvements are included at the Float Plane Basin facility as well as the addition of new lease lot and apron extension 400 feet to the north. Scheduled pavement maintenance, rehabilitation and reconstruction are included as well as other airport and terminal area improvements. The principal features of this concept are illustrated on Figures 6 -1 and 6 -2 described below. 6.2.1 Airside The airside includes land acquisition, airfield and airspace and navigational aids. 6.2.1.1 Land Acquisition Ideally, all land within the runway protection zones and land requiring control of obstructions should be owned and controlled by the Airport. All land within the existing nonprecision runway protection zone for Runway 1L is currently owned or covered by avigation easements. An additional 5.6 acres (6.5 lots) of land are impacted for tree removal for Runway 19R instrument departures (See Table 6 -1). The City should also consider acquiring the remaining land (6 lots of 3.8 acres) along the west side of Float Plane Road as a buffer zone. This concept does not require the acquisition of any land at the north end of the Airport. 6.2.1.2 Airfield Runway 1L -19R. The displaced Runway 1L landing threshold is retained to provide only 7,575 feet for landings on Runways 1L and 19R and up to 7,855 feet for departures on Runways 1L and 19R. Existing taxiways are retained to serve the runway and terminal area. Runway 1 W -19W. The water runway is retained at a length of 4,600 feet and width of 252 feet. Runway 1 R -19L. The gravel runway is retained at a length of 2,000 feet and width of 60 feet at the north end of the Airport. oil. k a: 0 e, 0 0 N 250 F O K a � N LLw� Oa a zm cg �g 0 s R R � 3 J y N 8 i�a z z N w � s Q y u 6.3 DEVELOPMENT CONCEPT TWO Development Concept Two retains the existing Runway IL -19R thresholds but with a precision instrument approach to Runway 1L. The water Runway 1 W -19R is retained as is with potential for phased development along the west side. The gravel Runway 1R- 19L, east of Runway 1L -19R, is abandoned and the area reserved for apron and lease lot expansion. Two additional lease lots are added at the north end for this concept with a 1,000 foot extension of the apron (with the potential for an additional four lots and 1,500 - foot apron extension to the north to Marathon Road). The Airport Reserve Boundary would remain along the Kenai Spur Highway except along Cohoe Avenue. Currently planned projects, scheduled pavement maintenance, rehabilitation and reconstruction as well as other airfield and terminal area improvements included in Development Concept One are also included. The principal features of this concept are illustrated on Figures 6 -5 and 6 -6 and described below. 6.3.1 Airside The airside includes land acquisition, airfield and airspace and navigational aids. 6.3.1.1 Land Acquisition This concept requires the acquisition, or avigation easements, of about 15.6 acres (13 lots) of land at the south end of the Airport required for a 2,500 -foot long precision instrument runway protection zone for the existing Runway 1L displaced threshold. An additional 8.2 acres (8.5 lots) of land are required for acquisition or avigation easement for tree removal for the 50:1 approach and 40:1 departure surfaces for Runway 1L -19R (See Table 6 -1). Another 3.8 acres (6 lots) could be acquired to provide a buffer zone along Float Plane Road as noted in Development Concept One. This concept does not require the acquisition of any land at the north end of the Airport. 6.3.1.2 Airfield Runway L -19R. The displaced Runway I L landing threshold is retained to provide only 7,575 feet for landings on Runways IL and 19R and up to 7,855 feet for departures on Runways IL and 19R. Existing taxiways are retained to serve the runway and terminal area. Runway 1 W -19W. The water runway is retained at a length of 4,600 feet and width of 252 feet. Runway 1R -19L. The gravel runway (2,000 feet by 60 feet) is abandoned at the north end of the Airport. 6 -19 4 6.4 DEVELOPMENT CONCEPT THREE Development Concept Three includes a 600 -foot displacement of Runway 1L to the north, a widening of the water runway, and a new relocated gravel runway west of Runway 1 W -19W. The Airport Reserve Boundary is moved to north of the Kenai Spur Highway. Currently planned improvements, as well as those provided in Development Concepts One and Two, are also included in this concept. No further development of the terminal area, apron or lease lots is provided to the north however, the lease lot reserve area is subdivided differently providing smaller lots with taxi lane and street access between the apron and Willow Street. This subdivision layout could provide more flexibility for serving both cargo and other commercial aviation operators. The principal features of this development concept are illustrated on Figures 6 -7 and 6 -8 and described below. 6.4.1 Airside The airside includes land acquisition, airfield and airspace and navigational aids. 6.4.1.1 Land Acquisition This concept requires the acquisition, or avigation easements, of about 10.9 acres (11 lots) of land at the southwest end of the Airport required for a 2,500 -foot long precision instrument runway protection zone for the new Runway 1L displaced threshold. This private land is north of the Kenai Spur Highway. An additional 10.6 acres (13.5 lots) are required for acquisition or avigation easements for tree removal for the 50:1 approach and 40:1 departure surfaces for Runway 1L -19R (See Table 6 -1). Another 2.5 acres (4 lots) could be acquired to provide a buffer area along the west side of Float Plane Road. No property acquisitions are required to the north of the Airport. 6.4.1.2 Airfield Runway 1L -19R. The Runway 1L threshold is displaced an additional 600 feet to the north to allow for a 2,500 -foot precision instrument runway protection zone to the south for Runway 1L. This provides only 6,975 feet for landing on Runway 1L and 7,575 feet for landing on Runway 19R. This provides up to 7,855 feet for takeoffs on both Runways 1L and 19R. Existing taxiways are retained to serve the runway and terminal area. Runway I W -19W. The water runway is widened to 500 feet at the surface. A separate 150 -foot wide parallel water taxi channel is provided on the west side. In this concept the water lane is widened only to the west. Therefore the water runway centerline is retained. 6 -26 LL� =o ap op �o 0 w W 0. O a W v " w z /Zq V �w � z i r N ( -7 w og NO Z w r� wm °g a w �w 6.5 DEVELOPMENT CONCEPT FOUR Development Concept Four includes long -range (beyond 2030) and other considerations that could be combined with elements of Development Concepts One, Two and Three in developing the Airport Master Plan. This concept includes a longer 1,900 -foot relocation of Runway 1L -19R to the north, an extension of the water Runway I W -19W and a new gravel runway at 700 feet, centerline -to- centerline, west of Runway 1 W -19W with space to the west for lease lot development. A new passenger terminal area is established at midfield of the relocated Runway 1L -19R and the existing passenger terminal area is converted to commercial aviation/general aviation use. Marathon Road is relocated to the east with the extension of Willow Street to the north and additional lease lot area is made available. Currently planned improvements, as well as those provided in Development Concepts One, Two and Three, are also included in this concept. The principal features of this concept are illustrated on Figures 6 -9 and 6 -10 and described below. 6.5.1 Airside The airside includes land acquisition, airfield and airspace and navigational aids. ,�\ 6.5.1.1 Land Acquisition This concept requires the acquisition, or avigation easement, of 1.25 acres (1 lot) of land at the southwest end of the Airport required for a 2,500 -foot precision instrument runway protection zone for relocated Runway 1L. The private land is north of the Kenai Spur Highway. An additional 5 acres (5 lots) of land are required for tree removal for the 50:1 approach and 40:1 departure procedures for relocated Runway 1L -19R along Float Plane Road (See Table 6 -1). Another 2.5 acres (4 lots) could be acquired to complete a buffer area along the west side of Float Plane Road. The 1,900 -foot relocation of Runway 1L -19R to the north locates the new Runway 1L threshold at Taxiway E and removes all incompatible land uses to the south with the exception of one lot on Float Plane Road. All existing tree obstructions are avoided with the exception of 5 acres (5 lots) along Float Plane Road, between 2nd and 4d' Avenues. (Note: an additional runway relocation of about 1,000 feet would be required to avoid all tree obstructions to the south to the Runway IL -19R approach and departure surfaces.) 6 -33