HomeMy WebLinkAboutResolution No. 2018-40Sponsored by: Administration
CITY OF KENAI
RESOLUTION NO. 2018 -40
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA APPROVING THE
EXECUTION OF A LEASE OF AIRPORT RESERVE LANDS USING THE STANDARD LEASE
FORM BETWEEN THE CITY OF KENAI AND JAMES H. DOYLE, INDIVIDUALLY, D/B/A
WEAVER BROTHERS , INCORPORATED FOR TRACT A, GUSTY SUBDIVISION NO. 3, AND
TRACT B, GUSTY SUBDIVISION NO. 6, AMENDED.
WHEREAS, the current leases between James H. Doyle , Individually, d/b/a Weaver Brothers,
Incorporated and the City of Kenai for Tract A, Gusty Subdivision No . 3, and Tract B, Gusty
Subdivision No . 6 Amended, City-owned properties with in the Airport Reserve, will expire on July
30, 2018; and,
WHEREAS, on April 20, 2018, James H. Doyle , Individually, d/b/a Weaver Brothers,
Incorporated, submitted applications to renew the leases of for a term of five (5) years; and,
WHEREAS, James H. Doyle, Individually, d/b/a Weaver Brothers, Incorporated has leased the
subject properties from the City of Kenai since 1984 for the purpose of parking trailers for his
trucking business , a use compatible and conforming to the Kenai Municipal Code for zoning,
Kenai 's Comprehensive Plan , the A irport Land Use Plan, Airport Layout Plan, Federal Aviation
Administration regulations , Airport Master Plan , Airport Improvement Program grant assurances,
and Airport operations; and ,
WHEREAS , the City of Kenai did not receive a competing lease application within thirty (30)
days of publishing a public notice of the lease applications submitted by James H. Doyle,
Individually, d/b/a Weaver Brothers, Incorporated ; and ,
WHEREAS, at their regular meeting on June 13, 2018, the Planning and Zoning Commission
reviewed the lease applications submitted by James H. Doyle, d/b/a Weaver Brothers,
Incorporated and recommended approval by the City Council; and,
WHEREAS, the Airport Manager reviewed the lease applications submitted by James H. Doyle ,
d/b/a Weaver Brothers , Incorporated and recommended approval by the City Council.
Resolution No. 2018-40
Page 2 of 2
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI , ALASKA:
Section 1: That a Lease of Airport Reserve Lands is approved and the City Manager is
authorized to execute lease renewals between the City of Kenai , Lessor, and James H . Doyle,
Individually, d/b/a Weaver Brothers , Incorporated, Lessee, as follows :
The City reserves the right to cancel the leases with 90-days notice; and ,
The lease term will be five (5) years.
Section 2: That the resolution takes effect immediately upon passage.
ADOPTED BY THE COUNCIL OF THE CITY OF KENAI , A LASKA, this fifth day of July, 2018.
'Vtff~ w/t/t, a Pa&'~ Ct'tf w/t/t, a f"u.tW"e-"
210 Fidalgo Ave , Kenai , Alaska 99611-7794
Telephone : (907) 283-7535 I Fax : (907) 283-3014
www . kenai.city
MEMORANDUM
TO:
THROUGH:
FROM:
DATE:
SUBJECT:
Mayor Brian Gabriel and Kenai City Council
Paul Ostrander, City Manager
Elizabeth Appleby, City Planner
June 26, 2018
Resolution No. 2018-40 -Kenai Municipal Airport Reserve Lease
Application from James H. Doyle, Individually, d/b/a Weaver Brothers, Inc.
Tract A, Gusty Subdivision No. 3 -410 Coral Street and Tract B, Gusty
Subdivision No. 6 Amended -420 Coral Street
On April 20, 2018, James H . Doyle, Individually, d/b/a Weaver Brothers Inc., submitted
applications to the City of Kenai to renew his leases on City property within the Airport Reserve .
Mr. Doyle has leased two adjacent properties since 1984. He has used the properties as a parking
area for cargo trailers for his trucking business and wishes to continue to lease these properties
for a term of five years for the same purpose. His current leases with the City of Kenai will expire
on July 30, 2018, and he would like his lease renewals to start August 1, 2018 and continue
through July 30, 2023. Mr. Doyle is in compliance with current obligations to the City of Kenai and
the Kenai Peninsula Borough.
The parcels are within the Airport Light Industrial (ALI} Zone per Kenai Municipal Code (KMC)
14.20.065. The intent of the ALI Zone is to protect the viability of the Kenai Municipal Airport as a
significant resource to the community by encouraging compatible land uses and reducing hazards
that may endanger the lives and property of the public and aviation users. The proposed use by
Mr. Doyle for cargo trailer parking is a permitted use in the ALI Zone and is a compatible land
use.
The Imagine Kenai 2030 Comprehensive Plan outlines goals, objectives, and action items for the
City, including this one pertaining to the Kenai Municipal Airport:
Page 2 of 2
Re solut ion No . 2018-40
• Objective T-1: Support future development near or adjacent to the airport when such
development is in alignment with the Kenai Municipal Airport's primary mission, "To be the
commercial air transportation gateway to the Kenai Peninsula Borough and Cook Inlet."
The proposed use by Mr. Doyle complies with the Imagine Kenai 2030 Comprehensive Pl a n in
t hat it supports development on lease lots and the development is in alignment with the Kenai
Municipal Airport's marketing strategy.
The Airport Land Use Plan was developed to identify the highest and best uses of Kenai Municipal
Airport land . The Airport Land Use Plan discusses leasing land and enhancing opportunities for
local e conomic development. The proposed use by Mr. Doyle complies with the Airport Land Use
Plan .
The current leases allow the City to can cel the lease s wit h ninety (90) days written notice because
the properties are with in the Runway Protection Zone (RPZ). Th is provision should be kept in the
new lease in order to meet Federal Aviation Administrat ion requ irements.
Pursuant to KMC 21 .10.060(c), the City must publish public notice of a lease application and allow
th irty (30) days for competing lease appli cations for the same property to be submitted to the City
for consideration . The City published a publi c notice of the Doyle lease applications in the
Peninsula Clarion on May 18th . The City did not receive a competing application to lease these
parcels.
The Planning and Zoning Commission recommended approval of the lease renewals during their
May 23 , 2018 meeting . These applications were sc heduled for review at the June 14 , 2018 Airport
Commission meeting , but there was not a quorum. However, Mary Bondurant, Airport Manager,
reviewed the lease applications and found them to be compliant with the Airport Land Use Plan ,
Airport Layout Plan , Federal Aviation Administrat ion regulations, Airport Master Plan , Airport
Improvement Program grant assurances, and A irport operations. She recommend e d approval of
the lease renewals.
Thank you for your consideration .
City of Kenai
Kenai Municipal Airport
Land Lease Application
Appl ication for:
0New Le ase
0Amendmen t
Mai li ng Address:
Phone Number(s): Home Phone : ('10'1 ) zi3-?0 55 Work/ Message Phone : (
E-mail: (Optional)
Name to Appear on Lease:
Mailing Address: \Jo '&.;~ ~ City: ¥.e ~... State: Zip Code:
Phone Number(s): Home Phone : ('iO·')) 2-'6 ~-76 5 c:; Work/ Message Phone: (
E-mail : (Optional)
Type of Applicant: D1ndividual (at least 18 years of age) 0Partnership ~Corporation
Dumited Liability Company (LLC) 0Government Oother ______ _
Description of Property and Term Requested
Legal Descriptio n of Property:
Gu":>~ Sj\::>6_,'J -S .,CY") ·-;\\-3 l \c-.c.:'( A
Does the Property Require Subdivision? (if Yes , answer next two quest ion s) DYES ISJNo
Are you prepared to be responsible for all costs associated with subdivision? DYES ONO
Do you believe the proposed subdivision would serve other Airport purposes? DYES ONO
Do you have o r have you ever had a Lease with the City of Kenai ? ~YES DNo
If Yes, please provide description of property leased (e.g . legal or physical descript ion):
G uS.1-'/ S -.i'l:.(\,\J '--:.\~ ... ~) \"'(o.~\: P><
Is this appli ca tion for renewal or term extension of an existing lease?
If Yes. please provide a description of the property leased:
Gu s~ S__,'n6:-'-'~s~o ... ~ "S \ro..\.:.C. A.
Proposed Use (check one): D Aeronautical
Do you plan to construct new or additio nal improvements? DYES ~NO
PLAN NINC D FP'A RT MENT
--------...J
If yes, will the improvement change or alter the use under an existing lease ? D YES DNo
If yes, what is the new proposed use?
If yes, what is the type of improvement? (e .g . building improvement, land improvement)
If yes , what is t he nature of the improvements ? (e.g . maintenance . landscaping , new const ruction )
List of proposed use and business activities :
Lease Extension or Renewal
Method to determ ine value of improvements/term for a lease renewal or expiring lease :
0Professional estimate of the remaining useful life of the principle i mprovement on the property
0Market value appraisal of the principle improvement on the property
0Purchase price of improvements
Submitting an application for a lease does not give the applicant a right to lease or use the land requested in the application . The application
shall expire twelve (12) months aft er the date the application has been made if the City and the applicant have not , by that ti me , entered into a
lease, unless the City Counci l for good caus e grants a n extension for a period not to exceed six (6) months . The City has no obligation to
amend, renew or exten d a leas e and may decline to do so upon mak ing specific findings as to why a lease renewal, extension, or amendment
is not in the best int erest of th e City
Sign ature : ,,, -• · Id. Oo-d Date:4 -2<7"-l 8 ,,
Print Name: Title :
._
-------------------~~--~-----·-
Tract A , Gusty
Subd.No.3
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KENAI, AlAS l<A
"Y
N w+•
s
1 in ch equals 494 feet
The informatio n depi cted here
o n is for g ra phi c represen ta ti o n
only of the b est available sou rc es .
Th e City of Ken ai assumes no
responsi bi li ty for errors on th is
map .
Date: 5117/20 18
Name of Applicant: -<. ,JO...n,t
City of Kenai
Kenai Municipal Airport
Land Lease Applicatio n
Mailing Address: ?a ~ , ... ::)
Application for :
0Newlease
0Amen dment
Extensio n/Renewal
Phone Number(s): Home Phone : (C\o /) ?K:,-7li S5 Work/ Message Phone : (
E-mail : (Optional)
Name to Appear on Lease :
Mailing Address : City: \'.:c~-State: Zip Code:
Phone Number(s): Home Phone: (q;:,7) 2 i 3 . 7&5<) Work/ Message Phone: (
E -ma il : (Optional)
Type of Applicant: Oindividual (at least 18 years of age) 0Partnership
D Limited Liability Company (LLC) D Government
~Corporation
Oother -------
Description of Property and Term Requested
Legal Description of Property:
&0~1 ~\:>t\,v ·,~-,~'f""\ ---\ rc,c. l:. ~
Does the Property Require Subdivision? (if Yes , answer next two questions) DYES ~NO
Are you prepared to be responsible for all costs associated w ith subdivision? DYES ONo
Do you believe the proposed subdivision would serve other Airport purposes ? DYES DNo
Do you have or have you eve r had a Lease with the City of Kenai? ~YES DNo
If Yes, please provide description of property leased (e.g . legal or physical description):
Is this application for ren ewal or term extension of an existing lease? [lJYEs DNo
If Yes, please provide a description of the property leased :
~<":,~ s _, 'o (\ '>J ... ~ "-.H"'I T (" "'"<)( E>
Proposed Use (check one): D Aeronautical
Do you plan to c onstruct new or additional improvements? ... -:< 2 0 20 1e/ DYES OC}No
PLANNJN G DE P'ARTME NT
If yes , will the improvement change or alter the use under an existing lease? DYES ONO
If yes , what is the new proposed use ?
If yes, what is the type of improvement? (e .g . building improvement , land improvement)
If yes, what is the nature of the improvements? (e .g. maintenance, landscaping, new construction)
List of proposed use and business activities:
Lease Extension or Renewa l
Method to determ i ne value of improvements/term for a lease re newal or expiring lease :
0Professional estimate of the remaining useful life of the prin ciple improvement on the property
0Market value appraisal of the principle improvement on the property
0Purchase price of improvements
Submitting an application for a lease does not give the appl icant a right to lease or use the land requ ested in the application. The application
shall expire twelve (12) months after the date the application has been made if the City and the applicant have not, by that time, entered into a
lease, unless the City Council for good cause grants an extension for a period not to exceed six (6) months . The City has no obligation to
amend, renew or extend a lease and may decline to do so upon making specific findings as to why a lease renewal , extension, or amendment
is not in the best interest of the City
Signature: Date: LJ -':J O-I ~
v
Print Name: ·:so.. '<Y\ ~ J 't\ \)::.,""' \ (" T itle:
------------
--~
___ ....-....-~,,,.-.
" ... ...___...;,.,.,..----
T ract B , Gusty S ubd.
No. 6 Amended
~ //. '~
/ N "' '\.
<~ .. · .. >~
' / '... '...lk<ily•f /;/
KENAl~KA
'V/
N
w~~>E
s
500 .
1 inch equals 494 feet
The information depicted he re
on is for graphic representation
only of the best available sources .
The City of Kena i assumes no
responsi bility for errors on this
map .
Date: 5/17/20 18
Muni cipal A i rport
MEMO
T o :
F rom:
Date:
305 N. WIUOW ST. SUrTE 200 KENAI, ALASKA 99611
TE1.DHONE 907-283-7951
FAX907~
Wilma Anderson -Planning Assistant I
Mary Bondurant-Airport Mana~! ~GI
May 30 , 20 18 ~vy
S u bject: James H. Doyle Lease Application -Tract A Gust y & Tract
B Gusty
This lease application was reviewed in conjunction with the FAA approved
February 28, 2018 Airport Layout Plan based on the August 2017 Maste r Plan .
I have reviewed the above lease application in accordance with KMC 21 .10 .060:
./ A irport Layout Plan :
Sheet 13 of 19, Existing Land Use -designates la nd as commercial;
Properties are located w ithin the Runway Protection Zone (RPZ) and
cannot be developed with permanent structures. RPZ 's are established to
enhance the protection of people and property on the ground . "Vehicular
parking and storage" is an FAA perm issible use .
This use compl ies with the land use definition above. The lease should
include a 90-day cance ll ation clause should an airfield operational need
arise .
Sheet 14of 19, Future Land Use -designates land as airfield ; areas
directly related to the landing, takeoff, taxiing and parking of aircraft and
helicop ters, including run ways, helicopter touchdown and lift off (TLOF)
areas, ta x iways, run way protection zones, approach and departure
surfaces , runway and ta xiway safety areas, building and obstacle free
zones, na vigatio nal aids and City-owned aircraft parking aprons.
Page 1
The proposed use is non -aeronautical -trailer parking (only)
Sheet 15 of 19 , Existing Zon i ng -Airport Light Industrial;
The ALI Zone is established by Ordinance No. 2884-2016 to protect the
v iability of the Kenai Municipal Airport as a significant resource to the
commu nity by encouraging compatible land uses , dens ities and reducing
hazards that may endanger the lives and property of the public and
aviation users. Industrial and Commercial uses which are usually
compatible w ith aviation users are permitted wh ich have no nuisance
effects upon surrounding property, or which may be contro ll ed to prevent
nu isance effects upon surrounding property . New residential uses are not
permitted in this zone be cause it is intended that lots classified in t he ALI
Zone are reserved for aviation -related commercial and industrial uses .
Meets the requirements for KMC 14.20.065 Airport Light Industrial Zone .
Sheet 16 of 19. Future Zoning -Airport Light Industrial;
ALI defined above .
Meets the requirements for KMC 14 .20 .065 Airport Light Industrial Zone .
./ Airport Master Plan:
Defines the land as commercial and airfield;
./ FAA Regulations: No conflict appears .
./ AIP Grant Assurances : No conflict appears .
./ Airport Operations : No conflict appears .
Mr. Doyle, d/b/a Weaver Bros ., Inc., has leased these properties inside the
Airport reserve since 1984 and is in compliance with his lease .
Based on the information rev iewed , it appears that the lease should be allowed
to continue.
Please contact me if you have any questions.
Page 2
'VIII~ 1V/tli a Pa$'~ Ct'tf 1V/t/i a h.t~"
210 Fidalgo Ave , Kenai , Alaska 99611-7794
Telephone: (907) 283-7535 I Fax : (907) 283-3014
www.kenai.city
MEMORANDUM
TO:
THROUGH:
FROM:
DATE:
SUBJECT:
Planning and Zoning Commission
Paul Ostrander, City Manager \?. D '
Elizabeth Appleby, City P lanner EA
May15,2018
Kenai Municipal Airport Reserve Lease Applications -Tract A,
Gusty Subdivision No. 3 and Tract B, Gusty Subdivision No. 6
Amended
On April 20 , 20 18 , James H . Doyle, Individually, d/b/a Weaver Brothers Inc ., submitted
applications to the City of Kenai to renew his leases on City property with in the Airport Reserve.
Mr. Doyle has leased the two adjacent properties since 1984 for a parking area for cargo trailers
and wishes to continue to lease these properties for a term of five years for the same purpose.
Pursuant to KMC 14.20.065, the parcel is within the Ai rport Light Industrial (ALI) Zone. The
purpose of the ALI Zone is to protect the viability of the Kena i Municipal Airport as a significant
resource to the community by encouraging compatible land uses and reducing hazards that
may endanger the lives and property of the public and aviation users . The proposed use by Mr.
Doyle for cargo trailer parking is a permitted use in the ALI Zone and is a compatible land use.
Mr. Doyle would not be required to re -plat the leased parcels fo r his intended use.
The Imagine Kenai 2030 Comprehensive P lan outlines goals, objectives , and action items fo r
th e City , including some pertaining to the Kena i Municipal Airpo rt:
• Action Item : Support the Airport's marketing strategy to actively recruit development on
Airport Industrial Park leases.
The proposed use by Mr. Doyle complies with the Imagine Kenai 2030 Comprehensive Plan in
that it supports development on lease lots and the devel opment is in alignment with the Kenai
Mun icipal Airport's marketing st rategy .
Page 2 of 2
A irport Reserve Lease Applications
The Airpo rt Land Use Plan was developed to identify the h ighest and best uses of Kena i
Municipa l Airport land . The Airport Land Use Plan discusses leasing land and enhancing
o pportunities for loca l economic deve lopment. The proposed use by Mr. Doyle compli es wi th t he
Airport Land Use Plan . It would enhance local economic development.
The current leases allow the City to cancel the leases with ninety (90) days written notice
because the properties are within the Runway Protection Zone (RPZ). I recommend keeping
this provision in the new leases.
Mary Bondurant , Airport Manager, will review the lease applications for compliance w ith the
A irport Land Use Plan, Airport Layout Plan, Federal Aviat ion Administration regulat ions, Airport
Master Plan , Airport Improvement Program grant assurances, and Airport operations . The
Airport Commission will also review the lease applications at their June 14th meeting .
Does the Planning and Zoning Commission recommend the execution of the leases
between the City of Kenai and Mr. Doyle, contingent upon the Airport Manager and the
Airport Commission also supporting the execution of the leases and the inclusion in the
lease terms of the right of the City to cancel the leases with ninety (90) days written
notice? The City Council would be notified of the Planning and Zoning Commission 's decision
as part of their evaluation of the lease applications .
Thank you for your consideration .
Cc : Mary Bondurant, Airport Manager