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HomeMy WebLinkAboutResolution No. 2022-27711, KENAI CITY OF KENAI RESOLUTION NO. 2022-27 Sponsored by: Administration A RESOLUTION APPROVING THE EXECUTION OF A LEASE OF AIRPORT RESERVE LANDS USING THE STANDARD LEASE FORM BETWEEN THE CITY OF KENAI AND JOEL CALDWELL ON LOT 3, BLOCK 4, FBO GENERAL AVIATION APRON. WHEREAS, the lease to Joel Caldwell for Lot 3, Block 4, General Aviation Apron expires on June 30, 2022; and, WHEREAS, on March 14, 2022, Joel Caldwell submitted an application for a lease of City owned properties within the Airport Reserve, described as Lot 3, Block 4, General Aviation Apron; and, WHEREAS, the lease application states estimated improvements of $100,000 for additional storage space, restroom facilities, and paving, and provide aircraft storage and maintenance; an investment that gives a lease term of 17 -years according to the term table in Kenai Municipal Code 21.10.080; and, WHEREAS, the proposed development would be mutually beneficial and would conform with the Kenai Municipal Code for zoning, Kenai's Comprehensive Plan, 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 any competing lease applications within thirty (30) days of publishing a public notice of the lease application from Joel Caldwell; and, WHEREAS, at their regular meeting on April 13, 2022, the Planning and Zoning Commission reviewed the lease application and recommended approval by the City Council; and, WHEREAS, at their regular meeting on April 14, 2022, the Airport Commission reviewed the lease application and recommended approval by the City Council. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1. That a Lease of Airport Reserve Lands is approved and the City Manager is authorized to execute a lease between the City of Kenai, Lessor, and Joel Caldwell, Lessee, as follows: Lot improvements as outlined in lease application from Joel Caldwell, additional storage space, restroom facilities, and paving, with an estimated $100,000 value of improvements to be completed within two (2) years of signing the lease; The evidence must be submitted to the City within 60 days of the completion of the development and improvements; The lease term will be 17 years; Lot developments will prevent unauthorized access to the airfield; Structures will be built behind the 100 foot building restriction line; New Text Underlined; tDELETED TEXT BRACKETED] Resolution No. 2022-27 Page 2 of 2 Joel Caldwell is responsible for all snow removal, and snow may not touch the perimeter security fence or be piled to a height that would allow access to the airport. Section 2. That this Resolution takes effect immediately upon passage. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THIS 4T" DAY OF MAY, 2022. ;Z ;I,- Brian Gabriel Sr., Mayor ATTEST: Michelle r, MC, City Clerk New Text Underlined; [DELETED TEXT BRACKETED] KENAI _...enai 1 210 Ficialgo Ave, Kenai, AK 99611-7794 1907 283 7535 1 www.kenai.city MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Paul Ostrander, City Manager FROM: Ryan Foster, Planning Director DATE: April 26, 2022 SUBJECT: Resolution No. 2022-27 — Approving the Execution of a Lease to Joel Caldwell. On June 19, 2020, Joel Caldwell entered into an assignment of lease for Lot 3, Block 4, General Aviation Apron with Dewayne Benton. This lease terminates on June 30, 2022. Joel Caldwell proposes improvements including additional storage space, restroom facilities, and paving, with an estimated $100,000 value of improvements to be completed within two (2) years of signing the lease. Activities noted on the application is aircraft storage and maintenance. The requested lease term is 17 years. Pursuant to Kenai Municipal Code 21.10.060 Lease application review, notice of the lease application was posted in the Peninsula Clarion and stated competing applications may be submitted for the parcel within 30 -days to the City. The 30 -day window from publication ended on April 16, 2022, and no competing applications were submitted to the City. The parcel is within the Airport Light Industrial (ALI) Zone. Pursuant to KMC 14.20.065, the purpose 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 aeronautical use is a permitted and compatible use in the ALI Zone. The Imagine Kenai 2030 Comprehensive Plan outlines goals, objectives, and action items for the City, including this one pertaining to the Kenai Municipal Airport: 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 complies with the Imagine Kenai 2030 Comprehensive Plan by supporting development on lease lots that 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 economic development. The proposed use by Joel Caldwell complies with the Airport Land Use Plan and would enhance local economic development. At their regular meeting on April 13, 2022, the Planning and Zoning Commission reviewed the lease application and recommended approval by the City Council. At their regular meeting on April 14, 2022, the Airport Commission reviewed the lease application and recommended approval by the City Council. Thank you for your consideration. Attachments: City of Kenai Land Lease Application from Joel Caldwell 170 Granite Point Court Map Page 2 of 2 AC�, The City of Kenai I www.kenaixity C EIVED C of Kenai Application for: TY OF KEN)'Lland L ase Application ❑ Amendment C New Lease ❑ Extension DATE �- ►t( -'Z� ❑ Assignment WRenewal i?L N G(DEPARTMENT Application Date: Applicant Information Name of Applicant: Mailing Address: -�%.��w Sf City: ��j7lc,` State: /��° Zip Code: Z// Phone Number(s): Home Phone::' a a 418 Work/ Message Phone: gD cq J E-mail: (Optional) lVQ/dy%�d�u'iUtGr/vet, Crr�7 Name to Appear on Lease: , u Mailing Address:f /f- City State:% Zip Code: Phone Number(s): Home Phone: Work/ Message Phone: E-mail: (Optional) Type of Applicant: Pl4ndividual (at least 18 years of age) ❑ Partnership I i Corporation Government ❑ Limited Liability Company (LLC) Cl Other Property -agal description of property (or, if subdivision is required, a brief description of property): /'f6 C11rG-n/-`-C !-O­f1 -/ C7� Does the property require subdivision? (if Yes, answer next questions) ❑ YES 777NO Subdivision costs are the responsibility of the applicant unless the City Council determines a subdivision serves other City purposes: 1. Do you believe the proposed subdivision would serve other City purposes? ❑ YES 9NO 2. If determined it does not, applicant is responsible for all subdivision costs. Initials' _ If an appraisal is required to determine the minimum price on the land, applicant is responsible for the deposit to cover costs associated with appraisal. If a sale is approved, the cost of the lnitials_ appraisal will be either refunded or credited to the applicant. It is the responsibility of the applicant to cover recording costs associated with lease. Initials Do you have or have you ever had a Lease with the City? (if Yes, answer next question) OYES ❑ NO 1. Legal or brief description of property leased: Request a Lease with an Option to Purchase once development requirements are met? ❑ YES, f! NO 3quested term for Initial Lease or Renewal (based on Term Table, not to exceed 45 years): �. :quested term for Lease Extension (based on Term Table, not to exceed a total of 45 Years): Requested Starting Date: ,;7 Do you plan to construct new or additional improvements? (if Yes, answer next five questions) .L YES LJ NO 1. Will the improvement change or alter the use under an existing lease? L YES IXNO 2. What is the proposed use of the improvement? 3. What is the estimated value of the improvement? 4. What its the nature and type of improvement? Ip�c'_il/l/e"S i7iU S c-'YCi 'i i+C� Yc�S 00 5. What are the dates construction is estimated to commence and be completed? (generally, construction must be completed within two years) 1 Estimated Start Date: Jc //7 p Estimated Completion Date: ,iA Describe the proposed business or activity intended: •;�✓�r'Gt-:T � ,57otGf i,� i� ,C'� '',:=.•7c'1'( /7C -E' 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 I 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: f- Purchase Price I Professional Estimate of Remaining Useful Life -1 Fair Market Value appraisal and/or -1 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 making specific findings as to why a lease renewal, extension, or amendment is not in the best interest of the City, Signature: j Print Name: ���Gc ��% Title�9jf ei- For City Use Only: ❑ General Fund 0 Airport Fund Account Number: ❑ Airport Reserve Land ❑ Outside Airport Reserve Date Application Fee Received: Date Application Determined Complete: 30 -Day Notice Publication Date: City Council Action/Resolution: KENAI 170 Granite Point Ct Lot 3 Block 4, General Aviation Subdivision No 1 Amended Parcel 04324012 E n ' / LEGEND Subject Parcel r- -r-,-1 0 20 40 Feet Date: 4/5/2022 Data Source: Kenai Penin! or A GR'�N TFC r. igh4pata is for graphic representation only.' Imagery may not match true p= mdanes.' Xe - i •