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HomeMy WebLinkAboutOrdinance No. 3217-2021KENAI Sponsored by: Mayor Brian Gabriel Vice Mayor Bob Molloy Council Member Teea Winger CITY OF KENAI ORDINANCE NO. 3217-2021 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, CONDITIONALLY DONATING CERTAIN CITY OWNED PROPERTY DESCRIBED AS TWO APPROXIMATE 1 1/4 ACRE PARCELS TO BE SUBDIVIDED FROM A PORTION OF THE 72 ACRE MORE OR LESS PORTION OF THE SE 1/4 LYING EAST OF TRACT A KENAI MEADOWS (KPB PARCEL NO. 039 010 65) TO KENAI PENINSULA HOUSING INITIATIVE FOR THE DEVELOPMENT OF RESTRICTED INCOME AND SENIOR HOUSING. WHEREAS, Kenai Municipal Code 22.05.110, Determination as to Need for Public Purpose, allows the Council, by Ordinance, to donate real property that is no longer needed by the City for a public purpose, to a non-profit corporation for a consideration agreed upon between the City and grantee without a public sale if the donation is advantageous to the City; and, WHEREAS, Kenai Peninsula Housing Initiatives (KPHI) is a non-profit corporation with a mission to provide low income, very low income, senior and special needs residents affordable housing options; and, WHEREAS, there is a need for low income and senior housing in the City of Kenai; and, WHEREAS, the City desires to support further development of low income and senior housing in the community; and, WHEREAS, donating the subject parcels to KPHI at less than fair market value is in the best interest of the City; and, WHEREAS, the Planning and Zoning Commission recommended approval of the conditional land donation at their meeting on June 23, 2021; and WHEREAS, conditions must be placed on the transfer or condition the transfer to ensure low income and senior housing is developed or the property is returned to the City, including in the event of a land sale, to a for profit entity, the market value of the property shall be reimbursed to the City, if the sale occurs within twenty years after transfer to KPHI. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1. Form: That this is a non -code ordinance. Section 2. That the Kenai City Council hereby authorizes the City Manager to execute, upon completion of a subdivision and necessary proof of financing for the development, the transfer of title for the properties: two approximate 1 1/4 acre parcels to be subdivided from a portion of the Ordinance No. 3217-2021 Page 2 of 2 72 acre more or less portion of the SE 114 lying east of Tract A Kenai Meadows (KPB PARCEL No. 03901065), to Kenai Peninsula Housing Initiatives, Inc. (KPHI), on a form approved by the City Attorney, for less than fair market value ($1.00) and for the sole purpose of developing income restricted and senior housing. Section 3. That KPHI must complete at its own expense all actions necessary for the subdivision and development of the properties; and to provide proof of financing sufficient for the projects as prior conditions of the transfer of title; and to pay all closing costs and fees for said properties and said consideration to the City for the properties. Section 4. That the Kenai City Council further finds the disposal of the parcels to be in the best interests of the citizens of the City of Kenai and that the public interest shall be served by disposing of the properties interest for less than the fair market value, in accordance with the recitals above which are incorporated herein. Section 5. That the Kenai City Council further finds that if the action items described herein are not completed by July 16, 2026, the authorization to transfer the lands lapses unless further authorized by the City Council. Section 6. 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 7. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect 30 days after enactment. ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 7°i day of July, 2021. ATTEST: Heinz, MMC, City L New Text Underlined; [DELETED TEXT BRACKETED] Introduced: June 2, 2021 Enacted: July 7, 2021 Effective: August 6, 2021 KENAI _, _...enai 1 210 Ficalgo Ave, Kenai, AK 99611-7794 1907.283.7535 1 www1enai.city MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Paul Ostrander, City Manager FROM: Ryan Foster, Planning Director DATE: May 24, 2021 SUBJECT: Ordinance No. 3217-2021 - Conditionally Donating a Portion of Tract A Kenai Meadows for the Development of Restricted Income and Senior Housing. The purpose of this correspondence is to respond to City Council direction to the City Manager to bring an ordinance to conditionally donate the properties referenced in the above described ordinance to the Kenai Peninsula Housing Initiative. On June 15, 2016 City Council approved Ordinance No. 2899-2016; conditionally donating certain foreclosed city owned property described as two approximate 1 1/4 acre parcels to be subdivided from a portion of the 77 acre more or less portion of the SE 1/4 lying east of Mommsen Subdivision Addition No. 2 section 25, T6N, R12W (KPB Parcel No. 039 010 18) to Kenai Peninsula Housing Initiative for the development of restricted income and senior housing. On April 7, 2021, Steven Rouse, Executive Director of KPHI, presented on the completion of the housing constructed on the two parcels conditionally donated in Ordinance No. 2899-2016. In addition, he requested consideration of a donation of 2.5 acres adjacent to the existing developments on Redoubt Avenue to construct additional restricted income and senior housing. Thank you for your consideration. Attachment A: Aerial Map illustrating the previously donated parcels and the proposed parcel to be subdivided. Attachment B: PowerPoint Presentation dated April 7, 2021 from Kenai Peninsula Housing Initiative requesting consideration of a donation of an additional 2.5 acres for restricted income and senior housing. Attachment C: Concept site plan provided by the Kenai Peninsula Housing Initiative. Ift Rte -•FL-ORI—DAAVE i Proposed 60' ;•s. ROW dedication 0 LLr V-1 hAVC �r Parcels Area proposed j previously to donate two z donated to KPHI additional W parcels to KPHI LLJ Q' M RA;NDAAC L O =I- V 4) L W D V O W C 4) 4) N1 1- N O N CL �I c c a •y a O p W c c u) o vOi E O U O m � _ � v c u° c > 3 . � E o y c Q CL a co U o .0 3 Y Q. 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O LL_N LLi OJ rcmmM m 'N LL i I 0 �7pp = LJ m ------------------------- .9I mOeQ1eS WeA aPIS c�-n — _ .09Z aWl ,WedOld — d )11� d c Q Y Q KENAI City of Kenai 1 210 Fidalgo Ave. Kenai, AK 99611-7794 1907.283.7535 1 �ww.l<enaixity MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Paul Ostrander, City Manager FROM: Ryan Foster, Planning Director DATE: June 8, 2021 SUBJECT: Requested Postponement and Hold for a Second Public Hearing to July 7, 2021 for Ordinance No. 3217-2021 - Conditionally Donating a Portion of Tract A Kenai Meadows to Kenai Peninsula Housing Initiative for the Development of Restricted Income and Senior Housing. On June 2, 2021 City Council approved via consent agenda the introduction of Ordinance 3217- 2021 for a public hearing on June 16, 2021. This memorandum requests a postponement and a hold for a second public hearing to July 7, 2021. This postponement would allow for the Planning and Zoning Commission to review Ordinance 3217-2021 at their meeting on June 23, 2021 and provide a recommendation to City Council. Thank you for your consideration. K I N A I City of Kenai 1 210 Fidalgo Ave, Kenai, AK 99611-7794 1907.283.7535 I www6nai.city MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Paul Ostrander, City Manager FROM: Ryan Foster, Planning Director DATE: June 24, 2021 SUBJECT: Ordinance No. 3217-2021 - Conditionally Donating a Portion of Tract A Kenai Meadows to Kenai Peninsula Housing Initiative for the Development of Restricted Income and Senior Housing. On June 15, 2016 City Council approved Ordinance No. 2899-2016; conditionally donating certain foreclosed city owned property described as two approximate 1 1/4 acre parcels to be subdivided from a portion of the 77 acre more or less portion of the SE 1/4 lying east of Mommsen Subdivision Addition No. 2 section 25, T6N, R12W (KPB Parcel No. 039 010 18) to Kenai Peninsula Housing Initiative for the development of restricted income and senior housing. On April 7, 2021, Steven Rouse, Executive Director of KPHI, presented on the completion of the housing constructed on the two parcels conditionally donated in Ordinance No. 2899-2016. In addition, he requested consideration of a donation of 2.5 acres adjacent to the existing developments on Redoubt Avenue to construct additional restricted income and senior housing. The Planning and Zoning Commission recommended approval of the conditional land donation at their meeting on June 23, 2021. Approval of Ordinance No. 3217-2021 would authorize the City Manager to execute, upon completion of a subdivision and necessary proof of financing for the development, the transfer of title for the subject properties to the Kenai Peninsula Housing Initiatives, Inc. Thank you for your consideration K I N City of Kenai 1210 Fidalgo Ave, Kenai, AK 99611-7794 1907,283.7535 1 www.kenaixity MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Paul Ostrander, City Manager FROM: Ryan Foster, Planning Director DATE: July 7, 2021 SUBJECT: Ordinance No. 3217-2021 — Request to include the recommendation of the Planning and Zoning Commission On June 2, 2021 City Council approved a request for postponement and a hold for a second public hearing to July 7, 2021 to allow for the Planning and Zoning Commission to review Ordinance 3217-2021 at their meeting on June 23, 2021 and provide a recommendation to City Council. This memorandum requests the following amendment to Ordinance No. 3217-2021. Move to add as the sixth whereas clause; WHEREAS, the Planning and Zoning Commission recommended approval of the conditional land donation at their meeting on June 23, 2021; and Thank you for your consideration.