HomeMy WebLinkAboutResolution No. 2017-13CITY OF KENAI
RESOLUTION NO. 2017 - 13
Sponsored by: City Manager
A RESOLUTION OF THE COUNCIL OF THE -CITY OF KENAI, CONSENTING TO AN
AMENDMENT CHANGING THE PURPOSE SET FORTH IN THE LEASE OF CERTAIN
CITY -OWNED PROPERTY DESCRIBED AS LOT 3, BLOCK 1, GUSTY SUBDIVISION
FROM RESTAURANT TO RETAIL BUSINESS.
WHEREAS, on May 3, 1978, the City entered into a Lease of Airport Lands or Facilities
with YOSHI and RUTH SHIOHIRA for City-owned lands described as follows:
Lot Three (3), Block One (1), GUSTY SUBDIVISION, according
to the official plat thereof, filed under Plat No. K -1700,
Records of the Kenai Recording District, Third Judicial
District, State of Alaska; and,
WHEREAS , said Lease of Airport Lands or Facilities, hereinafter referred to as Lease,
was recorded in Book 125 at Pages 463 - 471, on May 30, 1978, in the Kenai Recording
District, Third Judicial District, State of Alaska; and,
WHEREAS, the Lease was assigned to Ronald S. Yamamoto and Cathrine Collette
Yamamoto, and recorded on December 27, 1978 in Book 137 at Page 459; and,
WHEREAS, the Lease was assigned to L & M Ventures, Inc., and recorded on December
8, 1998, in Book 547 at Page 082; and,
WHEREAS, on September 3, 2015, L & M Ventures, Inc., Michael J. Lott, Natasha L.
Lott, and Nina L. Marion, Assignors, assigned their interest in the Lease to Judilee
Forrest, Assignee, by that certain Assignment of Lease, recorded on September 15, 2015,
document number 2015 - 008154 -0; and,
WHEREAS, there have been six (6) Amendments of Lease to reflect renegotiated rental
payments; and,
WHEREAS, said Amendments to Lease were recorded on August 3, 1988, in Book 331
at Page 555; recorded on April 10, 1992, in Book 397 at Page 718; recorded on May 13,
1997, in Book 505 at Page 948; recorded on July 30, 2002, document number 2002-
007063-0; recorded on November 2, 2007, document number 2007-011711-0; and
recorded May 18, 2012, document number 2012- 004622 -0; and,
WHEREAS, an Amendment to Lease was recorded on January 14, 1998, in Book 549 at
Pages 845 - 848, to amend the insurance requirements as set forth in the original Lease;
and,
WHEREAS, on October 21, 2016, Ordinance 2923 -2016 relocated the Airport Reserve
Boundary and the subject lot was removed from within the Airport Reserve Boundary;
however, said parcel is still designated as Airport Land; and,
Resolution No. 2017 -13
Page 2 of 2
WHEREAS, the original Lease stipulated that the purpose of the Lease was a restaurant;
and,
WHEREAS, the establishment located on the leased property is no longer being used as
a restaurant; therefore, the Lessee, Judilee Forrest, has requested that the Lease be
amended to reflect that the purpose is a retail business; and,
WHEREAS, at their regular meeting of February 8, 2017 the Planning and Zoning
Commission passed Resolution No. PZ17 -03, recommending a Resolution to the City
Council of the City of Kenai consenting to an Amendment changing the purpose set forth
in the Lease of certain City-owned property described as Lot 3, Block 1, Gusty
Subdivision from restaurant to retail business; and,
WHEREAS, pursuant to Kenai Municipal Code 21.15.070, no leased land may be
changed in use, nor may any renewal lease be issued until the proposed use or renewal
has been reviewed by the Planning and Zoning Commission and approved by the City
Council.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA:
Section 1. That an Eighth Amendment to Lease of Airport Lands and Facilities be
entered into by the City of Kenai, Lessor, and Judilee Forrest, Lessee,
changing the purpose from Restaurant to Retail Business, on certain City-
owned property described as Lot 3, Block 1, Gusty Subdivision. Further,
the City Manager is authorized to execute said Amendment on behalf of
the City of Kenai.
Section 2. That this resolution takes effect immediately upon passage.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 1st day of March,
2017.
BRIAN GABRIEL, SR., MAYOR
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CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ17 -03
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF -THE CITY_OF. KENAI,-- -
RECOMMENDING A RESOLUTION TO THE COUNCIL OF THE CITY OF KENAI,
CONSENTING TO AN AMENDMENT CHANGING THE PURPOSE SET FORTH IN THE LEASE
OF CERTAIN CITY -OWNED PROPERTY DESCRIBED AS LOT 3, BLOCK 1, GUSTY
SUBDIVISION FROM RESTAURANT TO RETAIL BUSINESS.
WHEREAS, on May 3, 1978, the City entered into a Lease of Airport Lands or Facilities with
YOSHI and RUTH SHIOHIRA for City -owned lands described as follows:
Lot Three (3), Block One (1), GUSTY SUBDIVISION, according to
the official plat thereof, filed under Plat No. K -1700, Records of the
Kenai Recording District, Third Judicial District, State of Alaska; and
WHEREAS , said Lease of Airport Lands or Facilities, hereinafter referred to as Lease, was
recorded in Book 125 at Pages 463 - 471, on May 30, 1978, in the Kenai Recording District, Third
Judicial District, State of Alaska; and,
WHEREAS, the Lease was assigned to Ronald S. Yamamoto and Cathrine Collette Yamamoto,
and recorded on December 27, 1978 in Book 137 at Page 459; and,
WHEREAS, the Lease was assigned to L & M Ventures, Inc., and recorded on December 8, 1998,
in Book 547 at Page 082; and,
WHEREAS, on September 3, 2015, L & M Ventures, Inc., Michael J. Lott, Natasha L. Lott, and
Nina L. Marion, Assignors, assigned their interest in the Lease to Judilee Forrest, Assignee, by
that certain Assignment of Lease, recorded on September 15, 2015, document number 2015-
008154-0; and,
WHEREAS, there have been six (6) Amendments of Lease to reflect renegotiated rental
payments; and,
WHEREAS, said Amendments to Lease were recorded on August 3, 1988, in Book 331 at Page
555; recorded on April 10, 1992, in Book 397 at Page 718; recorded on May 13, 1997, in Book
505 at Page 948; recorded on July 30, 2002, document number 2002- 007063 -0; recorded on
November 2, 2007, document number 2007 - 011711 -0; and recorded May 18, 2012, document
number 2012 - 004622 -0; and,
WHEREAS, an Amendment to Lease was recorded on January 14, 1998, in Book 549 at Pages
845 - 848, to amend the insurance requirements as set forth in the original Lease; and,
WHEREAS, on October 21, 2016, Ordinance 2923 -2016 relocated the Airport Reserve Boundary
and the subject lot was removed from within the Airport Reserve Boundary; however, said parcel
is still designated as Airport Land; and,
WHEREAS, the original Lease stipulated that the purpose of the Lease was a restaurant; and
Resolution No. PZ17 -03
Page 2 of 2
WHEREAS, the establishment located on the leased property is no longer being used as a
restaurant; therefore, the Lessee, Judilee Forrest, has requested that the Lease be amended to
reflect that the purpose is a retail business; and,
WHEREAS, pursuant to Kenai Municipal Code 21.15.070, no leased land may be changed in
use, nor may any renewal lease be issued until the proposed use or renewal has been reviewed
by the Planning and Zoning Commission and approved by the City Council.
NOW, THEREFORE, BE IT RECOMMENDED TO THE COUNCIL OF THE CITY OF KENAI,
ALASKA, THAT A RESOLUTION TO THE COUNCIL OF THE CITY OF KENAI, BE APPROVED
OF CONSENTING TO AN AMENDMENT CHANGING THE PURPOSE SET FORTH IN THE
LEASE OF CERTAIN CITY -OWNED PROPERTY DESCRIBED AS LOT 3, BLOCK 1, GUSTY
SUBDIVISION FROM RESTAURANT TO RETAIL BUSINESS.
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI,
ALASKA, this 8th day of February, 2017.
CHAIRPERSON-
Jeff Twait, Cl-6irperson
ATTEST:
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;- "Nllaye with a Past, Ci� with a Future"
210 Fidalgo Avenue, Kenai, Alaska 99611 -7794
Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 tlllLt
\E/ie cdy o 1992
KENA19 ALASKA
MEMO:
TO: Planning & Zoning Commission
THRU: Matthew Kelley, City PlannerAX
FROM: Wilma Anderson, Planning Assistant
DATE: January 31, 2017
SUBJECT: Eighth Amendment to Lease— Lot 3, Block 1, Gusty Subd., - 11504 Kenai
Spur Highway
The Lease of Airport Lands and Facilities pertaining to the above - described property
was assigned to Judilee Forrest, Assignee, by L & M Ventures, Inc., Michael J. Lott,
Nastasha L. Lott, and Nina L. Marion, Assignors, and recorded on September 15, 2015,
document number 2015 - 008154 -0.
This parcel was originally leased to YOSHI and RUTH SHIOHIRA on May 30, 1978.
The Lease was subsequently assigned to RONALD S. AND CATHRINE COLLETTE
YAMAMOTO, who then assigned their interest to L & M VENTURES, INC.
L & M VENTURES, INC. sold the property (known as Little Ski -Mo) to JUDILIEE
FORREST in September of 2016, and the Lease was subsequently assigned to her.
Ms. Forrest has opened a retail store known as Paisley Boutique which sales home
decor items, clothing, and jewelry.
During the term of the Lease, six (6) Amendments to Lease have been executed by the
City and the Lessee(s) renegotiating the lease payments. Further, on January 14, 1998,
the Lease was amended to amend the insurance requirements as set forth in the
original Lease.
The original Lease provided that the purpose for the lease was a restaurant. The
establishment located on the leased property is no longer being used as a restaurant;
therefore, the Lessee, Judilee Forrest, has requested that the Lease of Airport Lands or
Facilities be amended to reflect that the use is a retail business.
Pursuant to KMC 21.15.070, no leased land may be changed in use, nor may any
renewal lease be issued until the proposed use or renewal has been reviewed by the
Planning and Zoning Commission and approved by the City Council.
The property is located in the Central Mixed Use zone. Retail businesses are a
permitted use in the Central Mixed zone.
Thank you for your consideration.
Attachments:
Resolution PZ17 -03
Eighth Amendment to Lease of Airport Lands
Map
"Villaye with a Past, C# with a Future
bcftd
210 Fidalgo Avenue, Kenai, Alaska 99611 -7794
Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 (III.
1992
V
MEMORANDUM
TO: Mayor Brian Gabriel, Sr.
Council Members
THRU: Paul Ostrander, City Manager',a.
FROM: Matt Kelley, City Planner//Z
DATE: March 1, 2017
SUBJECT: Eighth Amendment to Lease - Lot 3, Block 1, Gusty Subd. - 11504 Kenai
Spur Highway
The Planning & Zoning Commission passed Resolution PZ17 -03 recommending a
Resolution to the City Council of the City of Kenai consenting to an Amendment
changing the purpose set forth in the Lease of certain City -owned property described
as Lot 3, Block 1, Gusty Subdivision from restaurant to retail business.
The Lease of Airport Lands and Facilities pertaining to the above - described property
was assigned to Judilee Forrest, Assignee, by L & M Ventures, Inc., Michael J. Lott,
Nastasha L. Lott, and Nina L. Marion, Assignors, and recorded on September 15,
2015, document number 2015- 008154 -0.
This parcel was originally leased to YOSHI and RUTH SHIOHIRA on May 30, 1978. The
Lease was subsequently assigned to RONALD S. AND CATHRINE COLLETTE
YAMAMOTO, who then assigned their interest to L & M VENTURES, INC.
L & M VENTURES, INC. sold the property (known as Little Ski -Mo) to JUDILIEE
FORREST in September of 2016, and the Lease was subsequently assigned to her. Ms.
Forrest has opened a retail store known as Paisley Boutique which sales home decor
items, clothing, and jewelry.
During the term of the Lease, six (6) Amendments to Lease have been executed by the
City and the Lessee(s) renegotiating the lease payments. Further, on January 14,
1998, the Lease was amended to amend the insurance requirements as set forth in the
original Lease.
The original Lease provided that the purpose for the lease was a restaurant. The
establishment located on the leased property is no longer being used as a restaurant;
therefore, the Lessee, Judilee Forrest, has requested that the Lease of Airport Lands or
Facilities be amended to reflect that the use is a retail business.
Pursuant to KMC 21.15.070, no leased land may be changed in use, nor may any
renewal lease be issued until the proposed use or renewal has been reviewed by the
Planning and Zoning Commission and approved by the City Council.
The property is located in the Central Mixed Use zone. Retail businesses are a
permitted use in the Central Mixed zone.
Thank you for your consideration.
Attachments:
Resolution No. 2017 -13
Resolution PZ17 -03
Eighth Amendment to Lease of Airport Lands
Map