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HomeMy WebLinkAboutResolution No. 2020-77JC Sponsored by: Administration Ki;NAI CITY OF KENAI RESOLUTION NO. 2020-77 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 KENAI AVIATION OPERATIONS, LLC , FOR LOT 9A, BLOCK 5 , GENERAL AVIATION APRON SUBDIVISION NO. 5. WHEREAS , Kenai Aviation Operations, LLC, submitted a complete lease application to the City and paid the required application fee; and, WHEREAS , Kenai Aviation Operations, LLC , is eligible for a lease for a term of 45 years based upon an investment amount of $2,000,000 and pursuant to KMC 21 .10.080 -Length of Lease Term ; and , WHEREAS, Kenai Aviation Operations, LLC, is current on obligations to the City of Kenai; and, WHEREAS, the le ase use will be for a hangar with office space; and, WHEREAS, the lease use is compatible with Kenai Municipal Zoning Code for allowed uses within the Airport Light Industrial (ALI) Zone; and WHEREAS, the lease use conforms to the 2016 Comprehensive Plan and supports Goal 5 - Transportation: provide transportation systems that are efficient and adequate to serve the regional needs of the community; and, WHEREAS, the use proposed is compatible and conforms with the Airport 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 after publishing a public notice of the lease application, pursuant to KMC 21.10.075 -Competing Applications ; and, WHEREAS, at its regular meeting on September 10, 2020, the Airport Commission reviewed the lease renewal application submitted by Kenai Aviation Operatio ns , LLC and recommended approval by the City Council ; and, WHEREAS , at its regular meeting on September 9, 2020, the Planning and Zoning Commission reviewed the lease renewal application submitted by Kenai Aviation Operations, LLC and recommended approval by the City Council. 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 a lease using the standard lease form between the City of Kenai, Lessor, Resolution No . 2020-77 Page 2 of 2 and Kenai Aviation Operations, LLC, Lessee, for Lot 9A, Block 5, General Aviation Apron Subdivision No . 5 subject to the following condition : 1. No competing lease application is received through September 20 , 2020 . Section 2. That this resolution takes effect on September 21 , 2020 after the entire 30-days allowance for competing lease applications has elapsed. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 16th day of September, 2020. BRIAN GABRIEL, SR., MAYOR ATTEST: City of Kenai I 210 l=idalgo Ave, Kenai, AK 99611 -77941907.28 3 .7535 I www.kenai.cily ME MORANDUM TO: THROUGH: FROM: DATE: SUBJECT: Mayor Brian Gabriel and Kenai City Council Paul Ostrander, City Manager Elizabeth Appleby, City Planner September 3, 2020 Resolution No. 2020-77 -Execution of a Lease of Airport Reserve Lands Between the City of Kenai and Kenai Aviation Operations, LLC Kenai Aviation Operations, LLC (Kenai Aviation Operations) submitted an application to the City for a Lease of Airport Reserve Lands for the property described as Lot 9A, Block 5, General Aviation Apron Subdivision No . 5 located at 155 N. Willow St. The Kenai Peninsula Borough parcel number is 04324026. The application requests a term of 45 years, with an investment value of 2 million dollars. Pursuant to the term table in Kenai Municipal Code (KMC) 21 .10.080 (b), the applicant qualifies for a term of 45 years. Pursuant to Kenai Municipal Code 21 .10.075 -Leasing and Acquisition of Airport Reserve Lands, Competing Applications, the City posted notice of the lease application and has not received a competing lease application for the parcel. The period of 30 days to accept competing lease applications expires after September 20 , 2020. It is recommended that City Council 's approval not take effect until September 21 , 2020, and that a condition of approval be that no competing lease applications are received through September 20 , 2020 . The applicant states that the use of t he premises will be a hangar and office space . The applicant intends to start construction in October 2020 and finish in June 2021 . The applicant expects the lease use to support transportation and flight training. The City of Kenai Fee Schedule of Rates, Charges, and Fees gives an annual lease rate of $13 ,852.96 for this parcel. The parcel is 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 encourag ing compatible land uses and reducing hazards that may endanger the lives and property of the public and aviation users. The proposed uses by Kenai Aviation Operations are permitted and compatible uses in the ALI Zone. The proposed use by Kenai Aviat ion Operations complies w ith the 2016 Imagine Kenai 2030 Comprehensive Plan . It supports Goal 5-Transportation , which has a vision for Kenai Municipal Airport as a gateway to the Kenai Peninsula and West Cook Inlet. 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 economic development. The proposed use by Kenai Aviation Operations complies with the Airport Land Use Plan . The Planning and Zoning Commission recommended approval of the lease application during their September 9, 2020 meeting . The Airport Commission recommended approval of the lease application during their September 10, 2020 meeting. The applicant has an existing lease within the Airport Reserve and is current on obligations due to the City for that lease. Resolution No . 2020-77 would grant the approval of the Kenai City Council for the City Manager to enter into a Standard Lease of Airport Reserve Lands between the City of Kenai and Kenai Aviation Operations, LLC, for a portion of Lot 9A, Block 5, General Aviation Apron Subdivision No. 5 . Thank you for your consideration. ATTACHMENTS : 1. Application 2. Preliminary Site Plan 3 . Aerial Map Page 2 of 2 The City of Kenai I www.kenai.city { City of Kenai Land Lease Application Application for: 0 Amendment D Assignment ~ewLease D Extension D Renewal Mailing Address: c I v {ud/occ 5;1-ree-1-City: eJ'l&f State: f/lc Zip Code: l/9"&1/ Phone Number(s): Home Phone: Workl Message Phone: 4af-.:J8 3 -,A// :J-i/ E-mail : (Optional) t!£Jfl fc'IL.f p) kent't.JlltJ l&l-1.0 n. com Name to Appear on Lease: fu_n1 -<: Mailing Address: City: State: Zip Code: Phone Number(s): Home Phone: Wor't<J Message Phone: E-mail: (Optional) Type of Applicant: 0 Individual (at least 18 years of age) I Corporation I Government imited Liability Company (LLICl)lllllllll Legal description of p~operty (or, if subdivision is required, a brief description of property): ( ~5:' ;....L /IJ r I lot.0 <;fr-eel-~ \ ~ ', nl\3~ LtoQ Co Lo-r 9f\, ~\ae~ S 1 c;,F\A · ~u.\cd.\ N'o~5 Does the property require subdivision? (if Yes , answer next questions) Subdivision costs are the responsibility of the applicant unless the City Council determines a sut:>diVlslon serves other City purposes: 1. Do you believe the proposed subdivision would serve other City purposes? 2 . If determined it does not, applicant is responsible for all subdivision costs. If an appraisal is required to determine the minimum price on the land, applicant is responsible fo r the deposit to cover costs associated with appraisal. If a sale is approved, the cost of the appraisal will be either refunded or credited to the a licant. It is the responsibility of the applicant to cover recording costs associated with lease. Do you have or have you ever had a Lease with the City? (if Yes, answer next question) 1. Legal or brief description of property leased: 1-:fo ~ ri:v1lf-e:1617'-I lcx.J-'rr Request a Lease with an Option to Purchase once de~elopment requirements are met? Requested term for Initial Lease or Renewal (based on Term Table, not to exceed 45 years): Requested term for Lease Extension (based on Term Table , not to exceed a total of 45 Years): Requested Starting Date: D YES }il-NO ~YES O NO Initials Initials Jfc£ Initials rtL- .M YES O NO 0 YES ,@ NO Do you plan to construct new or additional improvements? (if Yes. answer next five questions) ~YES L NO 1. Will the improvement change or alter the use under an existing lease? LYES ~O 3. What is the estimated value of the improvement? 4 . What is the nature and type of improvement? N -e.w flc~b.-r 'o/+1 c.-e 5 . What are the dates construction is estimated to commence and be completed? (generally, construction must be completed within two years) Estimated Start Date: / C J.<7 ;J.O Estimated Completion Date: 6:, ~"'.>_;;> / Describe the proposed business or activity intended: J111r/1f1~ How does the proposed lease support a thriving business, residential, recreational, or cultural community? Lease Assignment Only: What is the name of the individual or legal entity the lease is to be assigned? Lease Renewal Only Renewal of an Existing Lease (at least one year of term remaining): Requires new development. Lease Term based on: Estimated cost of new improvements and : Purchase Price (optional) I Renewal of an Expiring Lease (less than one year of term remaining}: Does not require new development. Lease Term based on: I Purchase Price I Professional Estimate of Remaining Useful Life I Fair Market Value appraisal and/or I Estimated cost of new improvements (optional) Requested Term for Renewal Based on Term Table, not to exceed 45 Years: 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 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 ma king specific findings as to why a lease renewal , extension, or amendmen t is not in the best interest of the City Signature: Print Name: -For City Use Only: CJ General Fund • Airport Fund Account Number: 1,, l!tCt;i/,/c.~/ f,'c/!, e I tctldt.o-e// - a Airport Reserve Land D O utside Airport Reserve Date/f//t-/ :;ic , Tit1e a~, Jter ·--Date Application Fee Received : Date Application Determined Complete: 30-Day Notice Publication Date: City Council ~io~Re~oJ~tion : -- $ / 'd-5/~o /! .. • l I' /. 1'/ ( """ ---~~I 11 "' D " ~ ! °' "" ~ I ~ I J ~II k ~ --~ $ r• *L-~ D ~ I LI I I lat r-·-1 ~=r==r==b===j=' 1 ll 111=: =~==:!::=~r====r~=r l JC K~NAI Parcel Requested t:} in Lease Application I I I I I O 20 40 Feet Ae r ial Map: Lease Application Pa rcel 04324026 155 North Willow Street Lot 9A, Block 5, General Aviation Apron Subdivision No. 5 I .•