ITEM TITLE:
#24-55 - Authorizing a Lease with the Valdez Community Garden for a .69 Acre Portion of Lot 1 Medical Park Subdivision Senior Addition
SUBMITTED BY: Nicole Chase, Planner
FISCAL NOTES:
Expenditure Required: N/A
Unencumbered Balance: N/A
Funding Source: N/A
RECOMMENDATION:
Approve resolution 24-55 authorizing a lease with the Valdez Community Garden for a .69 acre portion of Lot 1 Medical Park Subdivision Senior Addition
SUMMARY STATEMENT:
On November 12, 2024, the Valdez Community Garden applied to continue leasing a .69-acre portion of Lot 1 Medical Park Subdivision Senior Addition to the operation of their community garden. The Valdez Community Garden had a five-year lease for this same use and area that was approved via resolution #19-38 on September 17, 2019, that expired on October 31, 2024. This lease has been active in holdover on a month-to-month basis since the expiration of their lease.
The Valdez Community Garden has applied for an additional five-year term and has requested the same use and area as in prior years.
Per Valdez Municipal Code 4.08.060, “no application for lease shall be considered unless the land desired to be leased is zoned to permit the use to which the applicant intends to put the land.” The parcel where the community garden is located is in the public lands district. Per Valdez Municipal Code Table 17.16.040-1, “agricultural activity” is permitted primary use within the public lands district.
Under the prior zoning ordinance, this use was a conditional use, and the Valdez Community Garden secured a conditional use permit for this use.
The Capital Facilities Director, and Parks and Recreation Director were solicited for comments on this application and had no concerns regarding the proposed lease.
The Valdez Community Garden applied to lease the land again for $5.00 annually. They have leased the area for $5.00 annually under their previous lease. Per Valdez Municipal Code Section 4.08.030 - Fair rental value to be used for leases - Exceptions, “the city may lease city lands for less than the fair rental value to any state or federal agency or political subdivision, a public utility, a nonprofit organization, or to a new industry on terms advantageous to the public welfare of the city if the council, by motion passed by not less than six councilmen, determines the lease to be in the best interest of the public.” Due to the requested discounted rent, the approval of this lease requires an affirmative vote of not less than six City Council members.
The Planning and Zoning Commission approved a recommendation to City Council to approve this lease on November 26, 2024.
The term of lease shall be for five years, and the use of the site will be for the maintenance and operation of the Valdez Community Garden. Pending Council approval of this application, Community Development staff will work with the City Attorney and the Valdez Community Garden to execute a new lease agreement.