Debate over airport leases and ‘pilot lodging’ wording prompts county review of Nineline permits

John Cannon, representing the Nineline project, told the commission the airport has grown with roughly 150 based aircraft and an FAA‑certified air carrier now operating from Morgan. He said Nineline has invested about $360,000 in planning and infrastructure and is pursuing additional hangars and a proposed “Aeroc Club” that would lower costs for entry‑level aviators.

Cannon said he had submitted shell building permit applications for several new hangars and expected review to proceed. He told the commission staff had previously informed him that building permits were being rejected; staff and county officials disputed that characterization and said administrative review was underway and that shell permits (not tenant improvements) were in process.

The discussion shifted to lease language. Several commissioners and staff pointed to a phrase included in the lease—"short‑term aviator lodging rental"—and quoted a public meeting remark that the lessee had used colloquial language like “sleep with your plane.” County attorney Garrett told the commission that the lease’s section six requires compliance with existing laws and that local code and the conditional‑use permit approved in August 2022 were limited to aviation‑related activities and did not automatically authorize human habitation.

"Section six is a superseding paragraph," Garrett said. "If it's not allowed by code, we need to fix it before money is spent." Kate, county staff, told the commission she interpreted the lodging language as accommodation for pilots tied to aviation activities, not a permanent residential use.

Commissioners asked staff to research whether the lease language would conflict with FAA rules or federal preemption. Garrett recommended careful review of (1) local code and the conditional‑use permit, (2) lease language as written, and (3) any FAA or federal grant conditions that might affect allowable uses. He told the commission that a court would not uphold an illegal or unconscionable agreement.

The commission voted to affirm four previously approved leases that were missing the chair’s signature and to clarify that any assignment or assumption of airport hangar leases must be adjusted to the county’s current per‑square‑foot lease rate at the time of assumption. Commissioners also approved several specific assignment requests, subject to rate adjustments that matched the clarified policy.

Several commissioners emphasized they want the county to support private investment while ensuring compliance with county code and federal law. Commissioner Blocker said she wanted Buster and staff to meet so questions could be resolved, and Garrett said the attorney’s office would work with the lessee to negotiate any necessary changes.

Next steps identified by the commission included a staff and legal review of: lease language on short‑term lodging, the permitted scope of the conditional‑use permit, whether tenant improvements require separate permits, and whether FAA requirements or prior grant conditions constrain local land‑use allowances. The commission also instructed staff to meet with the lessee to clarify expectations before further construction or tenant improvements proceed.

Ending: The commission left the leases affirmed for signature, ordered the legal review Garrett described, and directed staff to work with the lessee and the building department to clarify the permits and any needed lease amendments.