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HomeMy WebLinkAbout1988-05-17 P&Z MinutesCITY OF KENAI ~, "C~~l G'~j~i~al a~ ~l~i~a" _ 210 FIDALGO KENAI, ALASKA 99611 TELEPHONE 283.7535 NOTICE OF SPECIAL MEETING The Kenai Planning & Zoning Commission will hold a Special Meeting, Tuesday, May 17, 1988, at 7:OQ P.M. in the Council Chambers. Special Meeting: Proposal Submitted by Royce Roberts and McLane & Associates for Tracts D-1 through D-7, Dena'Ina Point Estates. Janet A. Loper Planning Specialist DATED: May 13, 1988 KENAI PLANNING & ZONING COMMISSION Special Meeting, May 17, 1988 - 7:00 P.M. Council Chambers Hal Smalley, Chairman Presiding Discussion portions of the minutes are verbatim. 1. ROLL CALL Present: Smalley, Church, Nault, O'Reilly Absent: Bryson {excused), Brown {unexcused) Also Present: Councilwoman O'Reilly and Councilman Measles 2. REVIEW OF VACATION REQUEST Vacation of Portions of Utility Easements, Right-of-Ways, and Screening Easements Within Tracts D-1 Through D-7, Dena'Ina Point Estates - Royce Roberts Chairman Smalley: Call to order this special meeting to review the vacation of utility easements, ROWS, and screening easements within Dena'Ina Points Estates. I suppose at this time Sam should probably present to us .. you're on. Sam McLane: If I might, I would just like ... if I might just ask you folks since I wasn't at, I've got the letter that says concerns came up and I've got of course my, the packet from last years' Planning Commission meeting and public hearing and also the Council meeting and public hearings and so if I might request to you to reiterate some of the concerns since I wasn't at the joint meeting that was held last week, and I haven't seen the minutes or anything I just have the letter that says concerns were raised so if I might request to hear those concerns then maybe I can answer questions or whatever. Chairman Smalley: I guess I'll go first. The concerns that I had when it came before us just a couple of weeks ago in looking at the paper work that we had, it shows, on ours, that the whole D-1 through D-7, and this has been since explained to me but that's what triggered the concern. It showed the D-1 through D-7 was to be rezoned commercial pending submission of a plat. Ah, which is the whole chunk, you know, and that's been partially, you know, that has been explained as to why that was because they had to deal with an existing piece and. plat and go from there. But concern that was triggered is, was this a wise decision as far as the rezoning of a very very valuable residential property. Ah, a non-renewable resource. And, you know, that was my concern. In, I guess the issue that we're dealing with is, was at that time was the consideration of the vacation of the ROW's. Ah, yea, the screening easements is what, is what, taking it all the way back. We weren't quite sure on the map that we had also what that KENAI PLANNING & ZONING COMMISSION / Special Meeting - May 17, 1988 Page 2 screening was, whether it was just along the road, how deep did it go, we were looking at the, the cross lines and so forth. And ah, at that point in time, it was brought up that maybe we should have somebody, Mr. Roberts or someone here. Present the package to us. That was my concern. Sam McLane: Ok, I'll speak to that briefly now, the ah, just to clear up because this is, kind of a problem in that, I have the ah, the copy of the recorded plat here and this shows the tracts one through seven. Now... Planning Specialist Loper: right behind you there. Sam McLane: Now the reason, since this is the recorded plat, this is the legal description the deeds and so forth were made up, ah, this ROW here was deeded but this one was changed slightly so then tract D-4 when it becomes this shape is no longer going to be D-4 its going to be like D-4 dash one. So, technically to have the legal descriptions correct, I know it gets tiresome and so forth when you replat these you have to keep adding numbers but it is a different parcel, so the request was .. for all the tracts ah, because of the fact that the legal descriptions were going to change slightly. This tract 2 on the original plat with the ROW moved over, that one technically no longer exists. On the new plat, which looks like this, I'll point to this one just outline, I take that back, refer to this one, the one that was submitted to you .... in platting form rather than the concept maps has the tract numbers on it, tracts one, two, three, four five .. six and seven. And they're numbered as you would a subdivision ordinance, Borough subdivision ordinance for continuing numbers so you can see that the new numbers don't correspond to the original ones that why technically this request had all of them. So ., and I've got this one overlayed on now, also this brown tone one is the exact same brown tone one I had here last year for both public hearings so you'll notice that the zoning amendment was approved subject to filing a final plat and you'll notice that this plat, ah this original mylar you see...ah lays right over the concept map. The only real minor difference is Chulin Drive was moved back about 20' from the, the concept map to allow more room on top of the bluff, a hundred foot setback was in that it was a little restrictive right here so we bumped that back slightly but the screening easement shown and so forth are all in place, the .. as the .. I'll refer now to the memorandum I sent to Janet that was included in your packet dated .... dated April eighth. And that was included in the P and Z packet on ... well it was Janet's correspondence to the Planning and Zoning Commission dated April seventeenth, this was about the forth page in it it has a copy of the memorandum explaining the procedure we were anticipating. Number one being the zoning amendment request and action and then the vacation request which required to go through the Borough, advertise for thirty days, have public hearing and so forth and then replatting i.e. filing the final plat. And ... you'll note if you have that memo, the in the middle of the second paragraph KENAI PLANNING & ZONING COMMISSION Special Meeting - May 17, 1988 Page 3 I'll quote a sentence it says this replatting will include vacation of existing utility easements and the screening easements along the Spur Highway. So we, we brought that out with the original request and that is a thirty foot easement on the original plat that's gone now that was replaced by thirty foot easements in .. along a .. take this mylar down now. The easement that was originally along the highway was replaced by thirty foot screening easements along the northerly boundary, the inlet side of the commercial and the split between the residential and commercial along the bluff and the .. portion of the property adjoining the private parcel owned by the First Baptist Church. So in effect we took the easement that was originally along the highway, moved it around I think you can see that the same amount actually we have a little bit more easement shown on the new plat than originally was shown on the highway but since, this part was rezoned commercially we put it as the buffer between the residential sections. And, so now, ah, we've done that work to stage the, the the zoning request was contingent upon filing the final plat and essentially we're at that point and I'll certainly answer any concerns about that. Ah, about, I just want to make it known that I think there's some new members on the Planning Commission that the screening easement, discussion was included in the request and, and so forth. So I'm open to any questions at this point. Chairman Smalley: Commission do you have any questions. Gloria Church: The new plat has been recorded? Planning Specialist Loper: no. Gloria Church: It has not been recorded. Planning Specialist Loper: yes, that's phase three and it has not come yet. At this point its all concept. Chairman Smalley: What would be the amount of bluff frontage ah, on the new plan commercial and residential. Sam McLane: Ok, its pretty close to fifty-fifty I don't have the scale with me but this is a one inch equals a hundred plat I think, we're looking at, let me get my calculator real quick. Ah the residential is .... Planning Specialist Loper: Sam, from the questions that Hal is asking what I'm assuming is that he's asking if you have a setback over and above what was already there? I believe Corps of Engineers (inaudible - loud noises} has indicated a hundred foot setback to begin with from from the .. Sam McLane: Right, that setback there's, there's no change to that ocean or bluff front setback and I'd like to ... that's actually slightly more than a hundred feet as you if you recall way back the way this was originally platted, ah there's a tract down here tract G that the City retained and ... (inaudible - voices interrupting} right, but it goes clear to the top of the bluff and its actually on the top of the bluff by a few feet. This this survey line shown here, actually .. is brushed out and KENAI PLANNING & ZONING COMMISSION Special Meeting - May 17, 1988 Page 4 runs along the top of the bluff so its a few feet there to the top of the bluff and we might talk anywhere from two feet to ten feet and then from this survey line there's the hundred foot building setback and that is on the the current plat. I've got to refer to this plat here to give you just just ... Ok this the ah, bluff front on the residential is plus or minus afoot or so is eleven hundred and nine feet ... and unfortunately all I can say at this time is that's probably about fifty feet longer than this is kind of an approximation I don't have the exact figures here, ah slightly longer than the amount for the commercial property. But its not significant, its pretty clase within a hundred feet of being half and half. Chairman Smalley: A concern that came up some time ago ah, one of our other Commissioners was here and I think it was in the discussion, the concern on the commercial aspect fronting the Spur Highway is the number of small lots which leads to concept of nineteen mini stores, ah, and again the effect that this type of ... situation is going to cause on the property adjoining it to the north, the Dena'Ina Estates property. Sam McLane: Ok, if I might on that, this, original concept map showed and these were just for illustrative purposes only showed a varying size of lots that sometime in the future ah the tracts might be further subdivided down to as you all know and newer members the Dena'Ina Point was platted in tracts based on a preliminary and the the tracts were sold and .then the owners were going to subdivide into smaller lots now in the concept map, ah, these tracts ranged anywhere from two acres down to about a half an acre. These were drawn on there just to illustrate type a lots and so forth. On platting, we're coming in and generally speaking, well I'll refer to these acreages, ah .. I can I'll tell you right now this isn't a final plat and its missing some of those things. (laughter) Generally speaking we're looking at commercial tracts of five actually one point three acres that's narrow in here going to ., ah, seven point one acres and I'd like to point out that any subdivision of those tracts has to go through the Borough and the City and so forth and we'll follow you're zoning ordinance and the Borough subdivision ordinance. Now at this time, ah, as with any tract a land in the City, I, as I understand it if you meet the terms of the ordinance there isn't grounds for ah, denying a plat at this point. Now there could be if there is some undesirable access and some of those things but those are questions that would come up with the filing of the ah, final plat. At this time we're just, we're keeping the same large tracts, that, that it had and we addressed that I know that was some concerns that were brought up by more than one Planning Commission member and Council member at the times and I almost regretted drawing those smaller ones on because they really, not the owners desire but just simply to show how some lots might be subdivided in the future. Chairman Smalley: At this point in time do you have any idea what proposed uses, ah other than the discussion that again it wasn't a KENAI PLANNING & ZONING COMMISSION Special Meeting - May 17, 1988 Page 5 ~ commitment but the discussion came up about a restaurant overlooking the the mouth of the river and the inlet and so forth. Do you have any other ideas at this point in time what the owner proposes because we keep coming back to this sometime in the future this might be done. But sometime in the future might be too late to as far as perhaps effecting those adjoining properties. Sam McLane: Right, the ah, as we stated I stated going through the zoning ordinance and more specifically your comprehensive plan and I also addressed the the newer version which has never been approved but it still had some points brought up, in it concerning the city's development and so forth. And, some of those ah, tourism type ah, businesses commercial ventures were mentioned but you know, as I stated last May and June there's no plans at this time whatsoever ah, for any specific business the idea was to provide there's no, ah, as we discussed back then there is no, large tracts of commercially zoned view property within the city. Ah, the only area, that I can think of is city owned and its, its, been more or less designated or discussed by the Commission and the Council in the past for the senior citizen center sits over there ah, talking about perhaps some congregate housing ah, perhaps a convention center but seems to me there hasn't been a desire for that area of the old FAA grounds overlooking the mouth of the river to go for private type development so this, this, in effect this, something on the order of a thousand to eleven hundred square feet is the only footage of that size that has ah, view potential in the city, the only other ones are the Old Town and I'm sure you're all familiar with the development in Old Town its rather haphazard and lots were laid out based on foot trails and so forth the streets are there's no arterials in there and, and so forth they're real small parcels. And that's tough to have any sort of, significant development and that's when I pointed out just for an example the ah, the new hotel over here on airport road ah, I didn't wan5t to bring that up on a landscaping standpoint (laughter) but just to illustrate size and and actually it is a pretty .good example because you can see how large a tract it takes if you included some room for some landscaping around the parking lot but it does take a much larger tract than is available anywhere in Old Town. Pat Nault: Isn't there a question about whether there would be highway access to these lots in front. Chairman Smalley: I don't think so, I don't think the state would approve it if they'd have to have a frontage road you know I'm assuming there will a fronny, frontage road off the Spur rather than .... Sam McLane: At this time, the configuration is, a frontage road along half of it and the other half ... well its tough to discuss this, one tract has a frontage road on it, the other tract does not. For instance on a, typically the way, I'll just use for example a shopping center, generally the way they're developed now, ah, the property is, subdivided but there's common ECR's, easements covenants and restrictions, which allow for such things KENAI PLANNING & ZONING COMMISSION Special Meeting - May 17, 1988 Page 6 ~ as common parking common access, and so forth and, ah generally it takes a tract for instance about this size so I would imagine you could go to the highway department who controls the access from any state maintained ROW and you would deal with them for your ah, access permit they'd tell you what sort of drainage structures and, ah, your width, ah the spacing between 'em and then sometimes if you do subdivide into smaller tracts they'll stipulate if you do have a number of tracts say six of 'em, contiguous that front the ROW they might specify in their comments common driveways on the lot lines. But the state, ah, highway department of transportation issues those permits. Pat Nault: So there could conceivably be an entrance off the highway for every one of those lots on your concept plan. Sam McLane: That is, conceivably yes however if a subdivision was ah, submitted like this normally there's a note on the plat that restricts the lots to interior access when they're double frontage and then sometimes, the the DOT also sends comments to the Borough. Ah which are included in the staff report when they review the subdivision and they will, if its requested they will sometimes approve ah, common driveways for instance along here these two lots they would they have a common ... access here. Once again, ah, you know this, is just a concept conceivably you could have some sort of commercial development on there with building pads, ah, most of the examples, I'm I'm going to use well for instance take the Northway Mall in Anchorage:., ah, just if you're familiar with that, there's a large tract of land there you have, ah no access to the Glenn Highway accept off the side street and then along there there's I'm going to say there's about three of 'em, three main accesses however, that whole ah, shopping center, the various food, stores along there ranging from Pizza Hut at one end down to the Red Robin at the other end, those are on individual parcels but the ECR's provide the access agreement. Conceivably and I'm certainly there's no plans for that a development of that type down here, but that could be done here. ah, I'm going to mark on this one, you could have building pads like this, a large tract say another pad in this corner, and, have an entrance here, and here for instance. Or maybe because we have a street here have no highway entrances, have an access here and here. This is, is preferable this is what, ah, a quality development would have and that's what the Borough ordinance is ah, lend to because, the, the, the road standards and so forth were included, I'll regress for a minute, when this .. project was done all the streets were designed, we have arterials arterials with larger ROW's, and then going down to sixty feet. Now in the new new plan we have a an arterial coming in here. The construction standards on that show a larger width I believe, its a forty foot paved width, that's the main entrance into this over all tract and then they branch out. And these are going to have the nice, ah, wide, ah, state highway type entrances, simular (spelled as pronounced) to the entrances in the map project across from the Kenai High School, where your paving now those don't have curbs but that's still a state standard three radius intersection KENAI PLANNING & ZONING COMMISSION Special Meeting - May 17, 1988 Page 7 '~ where radius' out and you have long tapers so you don't end up with the ruts along the side of the pavement and that sort of thing and that's that's the type of development I foresee on this tract when it gets gets to that point. Pat Nault: But how much of that is actually locked into the plat, how much is that up to the people that develop it at the time the parcel is individually developed. Sam McLane: That is, all those comments I just made are part of the, ah, subdivision, ah, platting, ah, ordinance that the Borough has, I don't the city's subdivision ordinance addresses it specially because its covered by the Borough. This plat, ah, as with the earlier, well the early one did, doesn't restrict, access off the highway. So, there's there's nothing locked in but I would like to point out that, when this is subdivided, if it it got into a deal like this, then that plat comes before this Commission and if this Commission says access is restricted to interior ROW's that note would go on the subdivision of this tract and, that's when the restriction would apply. Pat Nault: And that would be at the time the final plat was filed? At the Borough? Sam McLane: Not this final plat, 'cause this final plat is still dealing with the, the larger tracts, I was referring to Pat Nault: Ok Sam McLane: sometime in the future when these larger tracts are subdivided and once again that's a, when and if, then they're restricted now right now, if this plat is, filed, just as it is, as it was submitted and it was submitted under the concept procedure the, state highway you would go to them for permits, I, I can't speak for the state, but normally when you have a ROW around three sides dedicated ROW that's not state maintained you have a state maintained road here, they send a stipulation to the Borough that says access shall be limited to interior ROW's. Um. I don't the only Borough staff report I have with me concerns the, the vacation and that's, that doesn't deal with the subdivision aspect of it it just concerns that these ROW's are replaced by sufficient new ROW's. Chairman Smalley: Another concern that I have and maybe its, I'm not trying to put you in a box, what would be your opinion of a piece of commercial property as such, especially with access there on the north end of it to the Spur Highway, what kind of effect is that going to have on residential property with homes valued at approximately one hundred thirty, well whatever, you're looking at a piece of real prime property what kind of effect do you think that's going to have on residential property. Sam McLane: Ok, let me, before I render that opinion let me tell you one thing we've done on this, because, screening easements, no KENAI PLANNING & ZONING COMMISSION Special Meeting - May 17, 1988 Page 8 matter, the ones you have on a plat now that says thirty foot screening easements you know, its, if a guy goes out and its happens in the past the bulldozers get there and zippo the trees are gone and you don't really have, much recourse, actually you do, but, you know the trees are gone. What we've done on the screening easement that abuts the remainder of it, we've actually included that in the ROW. So that is not privately awned property, that's, we made the actual ROW wider and shown it so this screening easement is not included in in the tract where on the, on the plat the way it is now, recorded, for instance this screening easement is owned by the owner of tract D-seven in other words its his property there's a restriction on that says he can't cut trees, living trees in it. Now this one, this is owned by the City, its, or going to be, its a dedicated public ROW, I would assume, I'm certainly not an attorney that the City would have some sort of legal recourse if actions were done in that ROW that didn't conform to the permit because its not private property its the City's property. So we've done that, to, make sure the screening easement stays in place. In answer to your question without adequate screening easements and so forth, you know, I personally wouldn't want to have a beautiful home right next to a 7-11. But that's one of the things that we did there, the other, the other screening easements, ah, we had, this was an ideal place to include it in a ROW. The city we've had discussions with 'em before on other subdivisions where the City doesn't want ownership of a typical screening easement in here because then its City property if trash builds up on it and or whatever hazards developed, then it's the City's responsibility. But on that on that one case, we'd have that and that separates the other owners, ah, well. Mostly Jess Wade and Coastline Enterprises on these tracts, so I think that has addressed at least some of those concerns. Pat Nault: On the north end. Sam McLane: Right this is the north end. Pat Nault: What about the south end, the screening easements across the, the east and the south, those are privately owned, no I mean half way down the subdivision, yes, right there. Sam McLane: This, this property is owned by the applicant Royce who's applying for the zoning request right now. The screening easement is split on the final plat with a lot line running down the center fifteen feet of the screening easement is on, the residential side, fifteen feet. is in the, the commercial side. And those are the type of easements I'll be the first to say those you know there have been problems in the past, I don't know if there is an effective way of ... dealing with those but .. you know that's the way it is with plat restrictions I can site an example where the veterinarian is on, off Kalifonsky Beach Road, its not his but the lot right next to him, on the state subdivision on the river right across from Cook Inlet Academy? If you're familiar with that, that had, was subdivided by the state, sold to private people fifteen years ago, on that original plat there was a no cut screening easement on the back side of that KENAI PLANNING & ZONING COMMISSION Special Meeting - May 17, 1988 Page 9 } lot, well you see what happened to it. Ah, the owner once the trees are gone, Chairman Smalley: The cat made a mistake. Sam McLane: Yea, you know maybe the guy didn't see the plat but that's, you know you can put, I'm saying you can put notes on plats you can write 'em all down short of going and building electric fences around 'em, there are problems with plat notes and restrictions. But hopefully as people become more educated about 'em you address those sort of things in your building permits, ah, you know you have notes right in 'em and when you make your building inspections that those3 easements you have, check offs on those and for a person to get a building permit you make sure he's aware of the no cut screening easements and so forth. That's, ah, one way you can help enforce it. Marj O'Reilly: I have one question, Sam doesn't the value of that residential property of Mr. Roberts', isn't that diminished by the existence of the commercial. Sam McLane: Um, we've got, the way its designed we designed, it, to minimize that type of differential, ah, and trying not to have that harsh, ah, you know say a gravel pad right up to a eight foot high wooden fence we've seen in other parts of town are, are totally cleared, but those things, certainly if there's no regard to, the development over here or if its haphazard or let me say cheaply done, then that happens, but I personally think this is the type of property that, if developed, property and aesthetically it enhances the value. So in other words, if the commercial was developed properly it will have adequate screening and so forth to protect the residential, also we have one long lot here, we came in with a, with a bald (?) cul-de-sac to kinda, by use of the ROW's and the screening easement, make more of a separation, in other words we don't just have a straight street through here with an imaginary line through the woods saying ok this is the break, so, ideally here you come in with a wider road at this intersection that tapers down, commercial type traffic goes in here, it doesn't even enter, the residential part, you have, ah truck traffic here, the traffic coming in here would just be associated with residential use and flow on through, and I'm sure your going to have, ah sight seers and house lookers and so forth because, its, its prime property and your going to have that type of traffic. But we've attempted to minimize that and that sort of impact or having, by having its use here that would degrade a value or use adjoining it. One thing about it, its, you have, in addition to what's shown on this plat by the fact that we have a commercial, ah, zone, there now, that's when your landscape ordinance, comes into effect. Which doesn't affect residential property at this time, but it does, address, landscaping on commercial property. And I don't know, if you're, still talking about revising that, and I know there's, you know there's been some problems with that having, a KENAI PLANNING & ZONING COMMISSION Special Meeting - May 17, 1988 Page 10 landscaping ordinance in effect and enforcing compliance. I think those, sort of things are just associated with growing pains I guess. Chairman Smalley: In dealing with the issue of the vacation ROW request, it, we've got to look at the whole picture. And, and I keep coming back to .. this, and again I'll use, it has probably been used so many times you want to throw up, but its a non-renewable resource as far as, prime property. Ah, I can see especially with, you know, the cleaning, going taking place, the beginning of many requests, for commercial consideration along that whole strip. And, you know, its just not in harmony with the existing Land Use Plan. Ah, its, it shows up I believe as medium density urban residential. And, the value, residential value is just, I think its just phenomenal and I, you know I know what has happened to my own personal property and its not even close to the bluff, what happens when a piece of potentially commercial property or its commercial or whatever zoning, this, abuts residential, boy it just, it stabbed it severely. Sam McLane: I didn't come prepared to go through I went through, as those on the Commission will remember, that were here at the time for the public hearing both before the, both P and Z and the Council, ah we went through a large, ah discussion regarding the zoning for the overall city, now we really didn't look out at the Valhalla Thompson Park area but the whole central area and we analyzed the amount of commercial property available, ah, the existing use of it whether it was vacant, the size of tracts and so forth and kind of a counter point to Mr. Smalley, we have ... prime commercial property in Kenai is also a non-renewable resource and you actually don't have a tract where you can come in and have a nice, and unfortunately I can't point to an example in this town nor in Soldotna or so forth, we have a, have a virgin piece of property here, your other parcels that have gone commercial were cleared by the federal government and the FAA years ago and didn't have any trees on 'em so you couldn't go in there, here we have a piece that can be done real nice, ah, we all know from going to nice areas that have, ah type building permits and zoning ordinances and landscaping ordinances that, you don't need the big golden arch sign out on the highway and the big, asphalt landing strip going in there. For instance if you had a nice and I don't want, this is just pure speculation but a nice, hotel restaurant, some sort of tourism type commercial development there, those sort of things would be enhanced by leaving the natural trees, buffers, and so forth and making it, I mean that's, the problem with the hotel in this area, the one, one nice one I can think about is the Riverside House and the International, it has a nice view on one side because it had a wooded bank and a river. Chances are if it wouldn't have been in that spot it would have been surrounded by asphalt too. But most of them are, and, you know, that's unfortunate, but, its, its tough at this point with the economy the way it is, ah, to speculate, but we, in that discussion we analyzed the amount of, residential property available, and compared that with the amount of commercial KENAI PLANNING & ZONING COMMISSION Special Meeting - May 17, 1988 Page 11 property available for new projects. We were looking at the vacants and the percentage was over whelming on the residential side. And I don't, now I've got 'em here in my notes, but, this was, ah, this was rezoned to which amounts to ... oh say twenty five acres, was a drop in the bucket compared to, the amount of land available for residential development. And this one when you address concerns like well if we have some commercial here is this going to continue clear down t he way, we have a, if you look on this and we discussed this, you've got kind of a natural break, ah, right in here due to the church tract and the way the bluff curves in and the highway curves in. So the City has retained this tract, ah, the ROW is platted in there in other words, this isn't, this tract here really isn't suitable for development, it might make, ah a couple of nice lots in there but the angle of the property line and the bluff and the fact that here is where the storm drain is planned to run over the bluff there's a natural break there, so in here we've got commercial here, the City owns this, ah, so you can, do things beyond your ordinances with that since its your property I mean you don't have to worry about the developer complying with the zoning ordinance, you know, I know that ballfield development and that sort of thing has been talked about here. So we have, ah, a break here, we've got City property so where the commercial fits in, it is, in an area by itself, we've got commercial here you go around the corner and then, this this can almost be considered all, buffer, by, lieu of the fact i that the City owns it, you know I'm sure that trees are going to stay along the highway, the landfill here, the.. Borough's been working to, get rid of that I think there's been an appeal to the City for one more trench to allow the Borough to locate a central, landfill, facility. And then we've got the easements and then it goes, ah, I couldn't tell you the exact acreage of this but, but well in access of a hundred, ah, probably 200 in there anyway, ah, of commercial. Chairman Smalley: Of commercial? Sam McLane: Oops. (laughter) Chairman Smalley: See! That's what I was alluding to. Sam McLane: Just rampant, yea. Chairman Smalley: Thank you. Sam McLane: But those, you know, with the, the thing, as I had other people in this area, after this zoning amendment was approved ask me about it and they said, hey, would this work for mine and I said no because the reasoning I used, that, and the things I got out of the comprehensive plan and the new one that wasn't approved, ah, I addressed things that the City lacked and by rezoning this commercial that eliminated that argument, ok there you have vacant large tracts available on the bluff, for potential commercial development and you had a chance to do that now rather than having, ah, scattered single family homes in there and then going in, and having that awkward transition as the City grows from commerc... residential to commercial, where you've got individual small lot owners saying, hey wait a minute, I want this to stay residential and you've got other landowners coming in and saying hey we want this to go commercial and that gave this by virtue of the fact that we have this large tract of land here, ah, KENAI PLANNING & ZONING COMMISSION Special Meeting - May 17, 1988 Page 12 that was one of my main points was we have an opportunity to designate this commercial now and put in the screening easements, design the ROW's to deal with it and so forth and the property's available. And you don't have the person, that's here or here or here saying that hey, I don't want this to go commercial and we had, ah, oh I can't recall, or let me rephrase that recall very little negative comments, well actually we had two public hearings before P and Z and two before Council. Pat Nault: Didn't the comprehensive plan address using the other side of the highway for commercial? And the bluff side for residential? Sam McLane: I, perhaps Janet can answer that, I can't recall. SIDE TWO OF TAPE Planning Specialist Loper: ...the other meeting was about keeping the commercial areas in the downtown core, but like you said, you had (inaudible) Sam McLane: Right, we, this doesn't show it but its, well you can see, oh here's the mouth of the river right here, this picture probably cuts off, ah, well here's main street coming in so you can see by this aerial photo and the other one up there what you have on, available. That, well this picture's a prime example, you can start, ah, where the city owned property there is, on the, ah, where the new City dock is and go clear along and you can see there's no dark green there its all small tracks, its all developed, its clear and so forth with the exception of the two ravines, ah, on the north side of town, actually, two there, one small one here, Ryan's Creek, and its cleared its all in small parcels, and, there is no, large tracts on the bluff, for, you know and I can't speak to any specific development but there isn't any tracts available to come in and do a large type planned commercial development. Those small lots, you know they're just big enough to stick a little office building on and get your nine parking spaces and that's it, you just can't, ah, do anything with it, and the way the ROW's are in there its hard to even get parcels and join 'em up in anything that's, approaching ah, well I'm sure they couldn't find anything that could even approach five acres. Marj O'Reilly: I agree with what you're saying and I think that's one of the real concerns of the Commission and the Council. That there aren't going to be any more. Pat Nault: Why is any of that left residential why isn't the whole thing not just commercial zoned? Sam McLane: Well, the comprehensive plan, like I say designated that, it was owned, I don't even know if well I'm sure the City had, ah, applied for it, there's some Borough land, this section 36 as you recall from the homestead act section 36 is were never KENAI PLANNING & ZONING COMMISSION Special Meeting - May 17, 1988 Page 13 opened for homestead development and, so that was always government land, ah. I'm just going to make a real general comment, in the comprehensive plans usually when you have tracts like that a government, they're, they're usually labeled kind of a non .. I don't know how to phrase it but its not really going to get any body worked up its just a general non-descript, use, it can, its set up for small but they're usually allowed when there was not water or sewer available there when the comprehensive plan designated it so generally those lands aren't designated for high density or commercial until you have the facilities and that, ah, water and sewer trunk lines were just extended down the, ah, east side of the highway just actually a few years ago. One of the things that I've pointed out and I've got them here the comprehensive plan said things like you're supposed to encourage economic growth, it had, oh, tourism and recreation were mentioned in there well more than once, and then the fact, we, we talked about, how, why is the City of Kenai here, its here because of the mouth of the river and the inlet and, the fact that now you don't have any property that, can, utilize those original attributes that started the City even though now we're talking about using them less for a, an access than for aesthetic reasons. But it, just isn't there now with the existing zoning and the way the small lots are. Pat Nault: Did you answer my question or did I miss it? Why is any of that left residential why isn't it all. commercial? Sam McLane: Well I .... Pat Nault: Why did you just leave out a quarter of it like that and leave it residential if you're going to surround it with commercial businesses. Sam McLane: Oh, are you talking about this .... Pat Nault: That's right. That one. Sam McLane: Oh, I thought you were talking about the whole section 36. The owner .. we discussed this with the owner, our firm, we looked at various concepts, we drew up, you can see this one is labeled B so obviously we had another one, but we looked at various plans and land use, ah, property values and so forth, ah, we thought that the development in the future would allow for this high value residential, that's the part we kept, the ah, residential right up here next to the highway is as its currently platted now, with the thirty foot screening easement, ah, I personally wouldn't want a home, I mean you have thirty feet, which is about from here to Ray ... Chairman Smalley: That's 6 feet longer than my truck. Sam McLane: And then you've got a busy highway. So we looked at that and even though it ... was before the request, zoned residential, it didn't appear to the owner to be high value residential. Or in that demand. Where, where if you get off the road a significant distance to have the inlet here, we felt the KENAI PLANNING & ZONING COMMISSION Special Meeting - May 17, 1988 Page 14 value of this residential property could be maintained with the screening easements, and, you know, good quality development, i.e. actually paying attention to your landscape ordinance and so forth when the commercial is developed. Chairman Smalley: Sam there, there is other property available that has access to bluff frontage, ah, riverview, inlet view, mountain view and again I guess it would be convincing the City they need to release that antenna farm property because, you know, I personally feel that's an ideal location. You've got the old Harborview area, and if memory serves me right there are a couple of parcels that abut each other in Old Town that make up a sizable chuck, granted they're in private hands, but there are lots that are available. Sam McLane: But when we, I discussed the Harborview size here, ah, and I'm going to try to recall, I think you're looking, a larger parcel there being on the order of an acre. Ah, no where close, to five acres, a ah, you're, and those kind of developments were put in prior to your zoning ordinances which require now land- scaping, parking, ah better access and those sort of things, handicap parking and those sort of things and by the time you do that you'll end up with what you have at the Harborview there, no, well you're limited in size because your building size is based on the amount of parking that's one limiting factor. I think you also have a height restriction, I don't know off hand what that is but that's generally the limiting size and, an acre is not, very much. It really isn't. Chairman Smalley: No, granted that, that one is small, but over here and over in Old Town there are two or three sections where I think up to three or three point and some acres per parcel. Sam McLane: Ok, they might, don't, don't those have large apartment buildings on them. Chairman Smalley: No. They don't. There's nothing on them. If memory serves me right. Sam McLane: One other thing, and when we were looking at part of that in there in Old Town by the Harborview there, there's some fairly, not only have the inlet erosion but you have, the mouth of the river and one thing those parcels don't have you can collect 'em they don't. have a lot of depth, by the time you've knocked a hundred foot setback off those you'd be hurting. Pat Nault: There's less and less there all the time. (laughter) Like a foot every year. Sam McLane: Right. Then the other part, the antenna farm, ah, we just are doing a plat for the City that plats a, a, have you seen it yet at your level? Planning Specialist Loper: No. Sam McLane: It has a lot on this side of the senior center and KENAI PLANNING & ZONING COMMISSION Special Meeting - May 17, 1988 Page 15 } then one on the other side that go, oh I, a break over there, that's cleared and the buildings are gone but it takes up another, I'm going to try to recall here and say about three hundred feet frontage that's, that we did in relationship to Carmen Gintoli's design for that congregate housing, so, and then, I believe the other, remaining spot left that's above, on the hill and has frontage, is just about the size for the convention center or, whatever type facility that's been discussed by the City off and on for some time, though, frankly I don't think it would be wise and I don't think the P and Z or the Council will advocate turning that over to private at this time, since it is, ah, the last of your City prime view, its open.... Marj O'Reilly: I know an old school you could buy cheap. Pat Nault: How far up the highway does the, this residential development go, this section 36 you were talking about, does that cut off at Redoubt Avenue up there by Spenard Buildings? Sam McLane: yes. Pat Nault: And then what's along the bluff north of that area. Sam McLane: I'm going to guess and say that ... my map's exactly (portions inaudible as maps are scanned). Ok, the city limits are ... Edies is ... Pat Nault: Isn't Cook Inlet View Drive at the top of the map there? Planning Specialist Loper: No. Sam McLane: Cook Inlet View is right in ... Planning Specialist Loper: Right there. Sam McLane: The city limits .... Planning Specialist Loper: Keep going, right at the top, yes. Sam McLane: Right along this line here, and I think there are, shall we say, some model zoning right in this area, you know ... Chairman Smalley: You're being kind. Sam McLane: Well it is kind of blotchy in that area. (laughter) Based on the existing uses. And this, I can't even tell you right now .. Pat Nault: That's my question, you know, what is that zoned for and what is the use along there, I mean at this point I don't think there is anything out to the bluff out there, there's several things along the highway, a transmission shop and ... Sam McLane: I can't even tell you who owns this property. Right now. Planning Specialist Loper: Peterkin owns part of it, there's a small subdivision in there and ... Chairman Smalley: KNA owns some of it at one time right off the bluff. Margaret O'Reilly: Aren't there apartments there? Chairman Smalley: they're on the other side, they're on the south side. KENAI PLANNING & ZONING COMMISSION Special Meeting - May 17, 1988 Page 16 ~} Sam McLane: For location, this is the Arco, ah facility here. But I don't know, I think there was a Borough land disposal that, that, on the bluff, some of it outside the City, I think actually all that disposal is outside the City, small parcels, but there's some ... Chairman Smalley: I think that's all residential. That whole piece in there. And it's in several private hands the other way. Sam McLane: Right, 'cause its platted off in government lots and always was I believe. Smaller parcels. Gloria Church: I have a question. I don't remember, in that first drawing that you showed us at that meeting, is it specified that only that small portion was going to be residential? Sam McLane: Yes, this is ... Gloria Church: In the first one that we looked at. Sam McLane: Umhum. (affirmative) This is the drawing these blue lines .. we submitted Gloria Church: Is that the original that we looked at? Planning Specialist Loper: The one on top is. Sam McLane: This is a copy of this just run in a different color, prettied up for public hearing purposes. Chairman Smalley: If, if you, Commission and Council would like to take a look at that I would like to call a motion of privilege right now. COMMISSION RECESSED FOR 10 MINUTES. Chairman Smalley called the meeting back to order. Sam McLane: If I could make a comment on introduction here, due to the short notice, owner and applicant Royce Roberts was unable to be here he had to go out of town Saturday evening and won't be back 'til tomorrow, I believe and he asked myself to come and also Rick Baldwin to represent him here and I think Rick has a few comments to make. Rick Baldwin: I'll try to be very brief, that is possible. I haven't had a chance to talk to Royce about this, I did, I have had a chance to look over all the documents that have been generated and I'd like to offer my perspective. There's been a lot of discussion apparently this evening concerning the wisdom of whether or not this aught to be a commercial zone, and, as I read what's happened, that issue has been decided by the City Council in Ordinance 1213dash87. And, the appropriate way to bring before the Council now the issue of whether or not there should be a rezoning here would be to follow the ordinance and to petition for a rezoning. It appears as though the only, the only step to keep the actual zoning from happening is the, the filing of a plat. KENAI PLANNING & ZONING COMMISSION Special Meeting - May 17, 1988 Page 17 j Because as I read the ordinance it says that, its rezoned at the time of the filing of a final plat. And so perhaps, perhaps it wouldn't be, rather than a rezoning, another procedural way would be to rescind Ordinance 1213dash87. Prior to its becoming effect even. But, both of those appear to be prerogatives of the Council and I would suggest that, ah, that would be the appropriate form for, for revisiting this issue, of whether or not it should be rezoned if indeed that needs to be revisited. The issue tonight appears to be whether or not there should be certain vacations granted and, as indicated on this plat, to vacate the old plat to make the new plat conform to exhibit B, the concept map which the City Council has directed this property be zoned, rezoned in accordance with. And that being the case, the, the issues that I see, are whether or not sufficient ROW's are dedicated to serve the surrounding properties, whether or not sufficient easements will be granted to serve, to serve surrounding properties, whether or not any surrounding properties. Whether or not any surrounding properties will be denied access and utilities, those seem to be the primary issues rather than whether or not there should be a rezoning, so, you know ... I guess that's really about all, all I have to say, I didn't come prepared to make any kind of a pitch whether it should be rezoned one way, to be rezoned commercial or residential or whatever, and I don't, I'm not sure Sam did either, because of the, the limitation that appears to be on this body tonight to decide the issues of ah, vacation or not, so I think I'll jsut stop my comments with that, thank you. Chairman Smalley: Any other input from Council members present or Commission? Councilman Measles: I just want to make a couple of comments to address what Rick, brought up there. Vacation of easements is the, the question that is immediately before both the Planning and Zoning Commission and the Council, or really the Council, the Council asked P and Z to have this special meeting tonight to address this because of the questions that were raised both at P and Z and at Council in regards to, whether we made a mistake when we approved the rezoning and that ordinance. The reason for looking at it at this time moving through a special meeting and attempting to get some more input from the developer, it was the feeling of the Council and P and Z at the meeting last week that, that, if in fact there, its decided that we don't want to do that, this will be the time to stop it rather than waiting for the applicant to go through the expense and work of getting a final plat ready. This vacation of easements will go into effect the morning of the ninteenth if the City Council does not object to it and it was our feeling that if we do plan to rescind that ordinance or whatever, that, maybe we should stop it at this point before anything further happens. And if we decide that we don't want to stop it, then we don't have to do anything. Thursday morning, the vacation of the easement is effective. If we don't ~ do anything further, Royce can go on with his final plat. But we didn't want to wait until that point, he's spent the money and the time and everything to get the final plat ready for filing and KENAI PLANNING & ZONING COMMISSION Special Meeting - May 17, 1988 Page 18 ~ then the Council say well, we're going to rescind that ordinance, we just felt that this was the time to do it. If we were going to do anything different than what we were already doing with that ordinance. Rick Baldwin: Could I just respond, I haven't had a chance to talk with Royce but the sense I have is that if, that he's willing to take that risk. That, that the Council really wants to revisit this issue, to not do so on a relatively short notice, rather follow basically the same process it followed initially in, ah, establishing this commercial zone and allow for more public input and so forth. In other words begin a process of viewing, (partially inaudible, speaking from the audience) I think Mr. Roberts is willing to take the risk of having to perhaps spend a little bit more money and (inaudible) unnecessary development costs. But still allow for the process to perhaps repeat itself. Chairman Smalley: Are there any other comments by Council, men, women, present, Commissioners? Ok, the issue we have before us, ah is there anything from the City? Planning Specialist Loper: no. Chairman Smalley: The issue we have before us is to accept or reject the vacations of portions of, I won't try to pronounce their names, but, vacate portions of utility easements adjacent to Rights-of-Ways or adjacent to tracts D-one through D-seven Dena'Ina Point Estates. Is there a motion. The Chair entertains a motion. (laughter} The Chair can't give one himself. Pat Nault: the Chair can't huh? Chairman Smalley:. no. Chairman Smalley: I have a question, point of clarification. Gloria Church: Yes. Chairman Smalley: It has to be, whatever the motion comes up it has to be in a positive form, is that correct? Planning Secialist Loper: That's correct, number one, you're not going to say we approve or disapprove, you're going to say we recommend to the Council approval or disapproval. Chairman Smalley: And then .. Planning Secialist Loper: Number two placed in an affirmative action. You must say something, for example, we recomend approval of, as an example, then when you vote, if you don't want it you vote no, if you do want it you vote yes. But the motion must always be placed in an affirmative action. Chairman Smalley: And if it, if there, if its, the vote is not then there must be a reason. It would be better if there was a reason. Planning Secialist Loper: As long as you're recommending to the Council, it would be very advisable to give a reason for it, for whatever you feel you wish to recommend, if like Rick says you want to go back to square one and look it over again or whatever you want. Margaret O'Reilly: So if you wanted to have them go back to square one and look it over again then you would vote no. Chairman Smalley: correct. Councilman Measles: That wouldn't really take it back to the beginning. Chairman Smalley: Well actually it just takes it over to Council and Council has that authority tomorrow night, whatever KENAI PLANNING & ZONING COMMISSION Special Meeting - May 17, 1988 Page 19 ~ action they take, is that correct? Margaret O'Reilly: But we would be recommending (inaudible) Councilman Measles: That would only stop this vacation it would nto change the ordinance. Chairman Smalley: It would not change, we, we, its not within our power to rescind 1213-87. Chair is still entertaining a motion. Pat Nault: I'm working on it. (laughter) Councilman Measles: Chair is not being entertained very well. Pat Nault: See if I got this straight. Where's the request. MOTION: Pat Nault: I'll move to recommend that the City Council approve the vacation of easements and right-of-ways within Tracts D-1 to D-7 of Dena'Ina Point Estates. Chairman Smalley: Is there a second. Gloria Church: Repeat the motion please. Planning Specialist Loper: I think I understood you to say you ~ recommend the City Council approve it? Pat Nault: No, recommend that we, we, I moved that we recommend to City Council. The approval of the vacation. Chairman Smalley: Is there a second. Pat Nault: Come on folks we can't go anywhere until we put something on the table here, vote it up, vote it down, whatever. Gloria Church: Ok, I'll second it. Chairman Smalley: Ok, we have a motion and a second to recommend approval of the vacation as submitted. Discussion. Pat Nault: I've got a question for Mr. McLane, if we recommend to the Council not to, to disapprove the vacation of the easements, where does this go, does Mr. Roberts have the capability to again go back to the Borough Planning Commission and ask to do that all over again. Sam McLane: This. To quickly go back from square one, we presented it, there was the ordinance, the resolution passed by P and Z, for the rezone amendment based on filing of the final plat, and in that, in the memorandum we stated we would have to vacate the easements and put the ROW's around it. So, that being done, I would imagine, if the vacation is turned down, that recommendation goes to the Borough, I'm not exactly sure how that happens but then that plat showing those vacations will not be filed. KENAI PLANNING & ZONING COMMISSION Special Meeting - May 17, 1988 Page 20 {inaudible) Janet. Planning Specialist Loper: It's a state statute, ah, that a municipality meaning Council, has the right to veto within thirty days, Sam McLane: Right. Planning Specialist Loper: Irregardless of what the Borough action was. Sam McLane: Right and thats correct so what that does to the zoning amendment I can't tell you actually, at this point. Pat Nault: No, I'm not talking about the zoning amendment, I think what I'm doing is just, ah, well I think being respectful of Mr. Baldwin's suggestion that if we're going to reconsider the whole thing maybe this is not the form to do it, I think I'm looking at a way to buy some time to do a reconsideration without doing it in a real piece meal fashion. So my question is, if we recommend against this vacation of easements, and then the whole question is looked at again and its decided this ought to go forward, is there a process for him to resubmit the whole proposal to the Borough. Planning Specialist Loper: He would have to resubmit it as a whole new proposal. Sam McLane: Right it would have to be resubmitted, there's certain requirements but since it was the City that turned it down rather than the Borough, I think, you know, there's another two hundred dollar application fee, public hearings and so forth but I'm certain that, that procedure could be repeated. Councilman Measles: If the City does not approve this, since it is a Borough decision is there not a means of appeal? Planning Specialist Loper: No. According to Dick Troeger there is not. Because the Borough approved it, we're not, so the only appeal they really have is not a formal appeal, they can only address the Council over the recommendation of the Planning and Zoning, they cannot go to the Borough to appeal. Councilman Measles: Right, but they can appeal it to the Council even after the fact. If we object to it, it does not go into effect, then he can appeal it to the Council, but back it up for a minutes, I think what Rick was talking about was letting this go ahead. Mr. Roberts would go ahead with his final plat and at the time of the final plat was presented, if I understood you right, that would be the time to say yes or no and rescind the ordinance or whatever or let it go. Is that ... Rick Baldwin: The City always has the right to change its zoning ordinances. KENAI PLANNING & ZONING COMMISSION Special Meeting - May 17, 1988 Page 21 Councilman Measles: Up until the time that final plat is approved and filed. Rick Baldwin: My understanding is that any time the City wants to change its zoning ordinances it can rezone. Planning Specialist Loper: This is a little different, this doesn't go into effect until the final plat is filed which is different from the other rezonings that we've done. Ah, under normal circumstances when a rezoning is done by ordinance it goes through City and Borough, that's it, it's done. In this case it is not, it will be contingent upon the filing of a final plat which in the wording in the ordinance which you have, ah, states, I think its called exhibit B, so in this case you wouldn't have to undo a zoning because the zoning doesn't take effect until the final plat. Rick Baldwin: I understand. I think we're saying the same thing. Planning Specialist Loper: Oh, ok. Sorry. Rick Baldwin: (inaudible) this process would go through (inaudible) final commercial zone sitting up here. The final plat being filed that doesn't take away from the City power to at any time come back in and rezone this residential again if they so desire. Councilman Measles: Well, that's true but, if the final plat was fired .. filed, and the developer started any kind of construction out there, I think the City would be hard pressed to try to change the zoning at that point. .Chairman Smalley: At that point in time right. Councilman Measles: Now, I think, at whatever point, if that was what the City wants to do, it has to be done prior to filing of that final plat, we'd have to reject the final plat, have to reject this, have to rescind that ordinance. (inaudible) Councilman Measles: Until that final plat is filed, that whole area is still zoned residential. Rick Baldwin: Yes, but, trying to pull together what I think has happened, I think maybe you've already comitted the irrevocable step, at least as far as this particular process is concerned because it, it, as I see it, and I don't want to try to give you any legal advise, the ordinance has been passed that says the rezoning will happen upon the filing of the final plat. And I, I don't think now the City could, could, without some real strong justification, for the ability now of Mr. Roberts to file his final plat. Because the City would have to say, we are, we are not allowing the vacation of these roads, for reasons other than KENAI PLANNING & ZONING COMMISSION Special Meeting - May 17, 1988 Page 22 ~ the reasons specified in the statute for turning down a vacation. I.e. we don't like the zoning, rather than, you are not providing for sufficient access. So that's, the way I see it, the kind of irrevocable step and I hate to see get into, further into (inaudible) a real procedural nighmare where, this process gets slowed down and then the ordinance gets rescinded and then there's real question as to whether or not an ordinance could have been validly rescinded because the step leading to that were improper. (inaudible) think about that. Councilman Measles: Its kind of a fiasco because if we allow this vacation of easement to go through and then at any point after than the City decides to rescind that ordinance, then at that point we're stuck with these new easements and the City would then have to go, or, the developer, the owner would then have to go back and redo these easements if he wanted to put it back in a residential form. Rick Baldwin: That's correct. Pat Nault: Is that correct or did the easements actually take effect with the filing of the final plat. Rick Baldwin: The easements take effect with the filing of the final plat. I'm sorry, maybe I misunderstood.... (Many voices overlapping and much is inaudible). Councilman Measles: The vacation of easements, its my understanding takes effect Thursday morning. Chairman Smalley: Right if we don't or if the Council doesn't ... Rick Baldwin: Boy I'd have to look at that, I couldn't even guess. Sam probably could tell me. Sam McLane: If I might, until this plat, this one right here, gets recorded, you don't have new ROW's but your time frame for stopping the recordation of the plat runs out thirty days from the date of the notice sent out but you don't, you don't have easements in effect until because this has the certificate of the ownership and dedication which states we're the owners of the property described hereon and dedicate all ROW's to public use and grant all easements as shown and when this is signed by the owner, signed by the City signed by DEC, then it gets recorded then you actually have those easements in place. But the process is, you got your thirty days to alter that process, but, I would tend to and I would, had short notice of this and had very short conversation with the owner on this and I think, based on that short conversation with Mr. Roberts I would agree with Mr. Baldwin that, ah, that we would like to see the process, if it is going to be rescinded, lets not talk about ROW's because its coming down to me I don't think we're really talking about ROW's here, at this point, because we, there's not a heck of a lot of different KENAI PLANNING & ZONING COMMISSION Special Meeting - May 17, 1988 Page 23 between the ROW's shown here and on here except you don't have a loo road in here that's the different. But I didn't come here tonight to be prepared to make a presentation and bring all my data we prepared for the public hearings, the four of them we went through about eleven months ago and I don't believe we had adequate notice to do that tomorrow night and we certainly, I don't have an opportunity to consult with the owner and so forth so we would like, if, if it is I guess I'd request and I'd be at teh Council meeting tomorrow that if the zoning is going to be rescinded we'd like the public hearings and or whatever, as Mr. Baldwin said, some sort of process due process to go that, so, ah we would have the adequate notice to respond. And also I would think that since we had, ah, four public hearings, on establishing zone with that ordinance, 1213-87, there probably should be some public comment, ah, be allowed if that ordinance is going to be overturned. I sort of viewed the ordinance as, the zoning then approved if the, the owner of the property did his survey, got the plat in order and filed it, I didn't see that worded as a stipulation where it was approved but if the City bounced the plat, ah, then it wasn't approved. So, I'm not an attorney on that, but ah, this has all come up rather quickly on here, and we'd appreciate more time, I'd sure like to talk to the owner of the property again before this is resolved. Chairman Smalley: Councilwoman ... well we have Councilwoman O'Reilly: yea, a couple of convents, I happened to be on P and Z when this was presented a year ago, eleven months ago. I had, the time frame crunch right now Sam is the City's probably because of that thirty day thing, I think we had some questions for our City Attorney as to what, I mean it would be ok by me to, first of all get a sense of what the Council's feeling is and I don't know that its black or white at this point, secondly, delaying things, it might be easier and cheaper and cleaner and kinder to do it earlier if the Council is at all considering rescinding the ordinance. But since Mr. Roberts and his representatives would like us to let the progress, the process move onward, I wouldn't object to that either, except I would like to know if the City is losing anything by it, should they decide at some point in the future to really look at turning that ordinance around. Its a delaying action. Chairman Smalley: Its a legal question though. Councilwoman O'Reilly: Yes I know. Its a mixed up bag. Chairman Smalley: I would like to, try to talk and think at the same time, I would like to, propose a rejection of this approval, ah, from a standpoint of finding of facts I think sufficient rights-of-way should be dedicated to serve surrounding properties and so forth and I think that might be the issue regarding screening and rights-of-ways as the potential effect, ah, that has, that could exist on existing properties at this point in time and I highly recommend, as, as Mr. Baldwin indicated, that the KENAI PLANNING & ZONING COMMISSION Special Meeting - May 17, 1988 Page 24 1 property owner and developer sit down with the City, ah, and discuss this particular issue. And let it work out in that manner because you know if, if, if a mistake is made its best to stop it now. One of the avenues of at least getting it to be looked at is to reject the zoning. The City Council, again its not a black and which issue at this point in time, can do whatever it wishes, take our recommendation, ah, or reject it. Its entirely in the Council's hands no matter what we do here tonight. Chairman Smalley: Comments, other comments. Discussion. Gloria Church: What was the motion again. Planning Specialist Loper: Recommend to the City Council, approval of the vacation and easements and ROW's within the described property. Gloria Church: So if we vote yes ... Much overlapping discussion, portions inaudible. Chairman Smalley: Question. VOTE: Planning Specialist Loper: Hal Smalley - no ~ Gloria Church - no Pat Nault - no Margaret O'Reilly - yes Planning Specialist Loper: ok, three no one yes, the motion fails. Chairman Smalley: So at this point in time, then they would probably go before Council tomorrow night .... Planning Specialist Loper: With the recommendation that it had been turned down. I will do my best to have the minutes done for everyone concerned by tomorrow. Chairman Smalley: Meeting Adjourned. Janet A. Loper Planning Specialist PLANNING & ZONING COMMISSION DATE• ~,C ~ ~ %~~ ~/ /+, ,k.. hurt ~~, I~ ~''~ ~~ " Ro11 ~,. ~Fi Call '~~ CHAiRA~1AN Hal Smalley Phil Br .son Gloria Church tit e-~-C~' ~ ~~~-z / ~ _ dice Chair Pat ATa~I t ~') e ,~ f M ~~ , 1 TO DO LIST: t~ (`.~° NOTES: (Portions of the following minutes are verbatim) 1 PLANNING & ZONING COMMISSION MAY 13, 1987 Page 22 of this state to rebuild another hotel, pawn shop, liquor store or club on this same premises. This would be you know, almost (inaudible) after 35 year of contributing to the economy of this area, you know, property taxes, sales taxes, and so forth. All she wants to do is get this zoned commercial. This will also enhance the sale that she is, so to speak forced to sell her business. Its only for that one lot, the other lots will remain light industrial. Lot 3 has a repair garage which falls into either zone. The other lots are vacant and the trailers which are illegal there are advertised for sale. There is no attempt to make a trailer park out of the other lots." - Chairman Lewis called for comments from the public, there were none. Chairman Lewis brought discussion back to the Commission. , MOTION; Commissioner Smalley moved for approval of PZ87-4, Lot 1, RM Thompson S/D Henderson Replat, seconded by Commissioner O'Reilly. _ Chairman Lewis stated that,looking at the Comp Plan the area is being designated as Medium Density Residential. The Commission concurred. Commissioner Bryson asked to have the existing zoning clarified through the Comp Plan now in use, answer still the 1980 as the new one has not been approved. It was noted that the lot in question is just under the one acre limitation, while if the petitioner would consider zoning the lot which includes the shop, the inclusion would bring the acreage well over the one acre. The petitioner stated that ideally, she would like to rezone the entire area which would include the club, the garage, and the lots with the trailers... The Commission concurred. MOTION AMENDMENT: Commissioner Smalley moved to amend the motion to include the entire property outlined, with approval of second. VOTE: Motion passed unanimously. c. Resolution PZ87-3: Rezone Tracts D-1 through D-7, Dena'Ina Point Estates, from RS to CG - Roberts and McLane Sam McLane, representative for Royce Roberts came forward to present the proposal. Mr. McLane stated that since this is a continuation, he would briefly recap the plan. "I have added some acreages on these tracts shown on this land use concept map. Once again, we are making residential to the northwest, the First Baptist Church is located here, all the property across the highway is City of Kenai and presently all this property is undeveloped, there is one old dozer trail with a small ~ clearing in here, but all the areas shown where the screening easements are shown here have natural vegetation, the intent of the screening easements is to leave the natural vegetation intact. " PLANNING & ZONING COMMISSION MAY 13, 198 Page 22 of this state to rebuild another hotel, pawn shop, liquor store or club on this same premises. This would be you know, almost (inaudible) after 35 year of contributing to the economy of this area, you know, property taxes, sales taxes, and so forth. All she wants to do is get this zoned commercial. This will also enhance the sale that she is, so to speak forced to sell her business. Its only for that one lot, the other lots will remain light industrial. Lot 3 has a repair garage which falls into either zone. The other lots are vacant and the trailers which are illegal there are advertised for sale. There is no attempt to make a trailer park out of the other lots." Chairman Lewis called for comments from the public, there were none. Chairman Lewis brought discussion back to the Commission. MOTION; Commissioner Smalley moved for approval of PZ87-4, Lot 1, RM Thompson S/D Henderson Replat, seconded by Commissioner O'Reilly. Chairman Lewis stated that,looking at the Comp Plan the area is being designated as Medium Density Residential. The Commission concurred. Commissioner Bryson asked to have the existing zoning clarified through the Comp Plan now in use, answer still the 1980 as the new one has not been approved. It was noted that the lot in question is just under the one acre limitation, while if the petitioner would consider zoning the lot which includes the shop, the inclusion would bring the acreage well over the one acre. The petitioner stated that ideally, she would like to rezone the entire area which would include the club, the garage, and the lots with the trailers. The Commission concurred. MOTION AMENDMENT: Commissioner Smalley moved to amend the motion to include the entire property outlined, with approval of second. VOTE: Motion passed unanimously. c. Resolution PZ87-3: Rezone Tracts D-1 through D-7, Dena'Ina Point Estates, from RS to CG - Roberts and McLane Sam McLane, representative for Royce Roberts came forward to present the proposal. Mr. McLane stated that since this is a continuation, he would briefly recap the plan. "I have added some acreages on these tracts shown on this land use concept map. Once again, we are making residentia'1 to the northwest, the First Baptist Church is located here, all the property across the highway is City of Kenai and presently all this property is undeveloped, there is one old dozer trail with a small clearing in here, but all the areas shown where the screening easements are shown here have natural vegetation, the intent of the screening easements is to leave the natural vegetation intact. " PLANNING & ZONING COMMISSION MAY 13, 1987 Page 23 ` "These tracts range from 1.3 acres to 7.1 acres, so the intent is to go through the rezoning process, and get a conceptual or conditional approval, then vacate the existing ROWS, replat with this modified ROW alignment and return to the tract status as the property exists now, only with the general commercial zoning. And as we discussed at the last meeting, that is going to take some vacation hearings and so forth for the existing ROW's, easements and so forth. I took the liberty of drawing this in on the zoning map so you could see how it fit in with the existing residential zones and this west Kenai neighborhood, some limited commercial along the highway here and this commercial area we just discussed adjacent to that last rezoning request." "In reviewing the existing Comp Plan some of my remarks, the existing Comp Plan is a little out of date, I know you have a new one that's under consideration. I looked at some of the items in each Comp Plan and the newer one - relating to the growth factors, there's expectations of the City growing from a 1984 population of approximately 6200 to 9350 in the year 2000 with the Kenai/Soldotna central region going from approximately just under 25,000 to 36,500. This would have an increase in housing units in the Kenai area from 2446 to 3591, an increase of 11 or 1200 housing units. On the commercial space in Kenai, using the new Plan figures, a little over a million square feet of commercial space, and that's all categories, in 1985 to an expected amount of over 1.6 million square feet in the year 2000. Now these figures out of the new Plan did not assume the start up of Diamond Shamrock or Beluga Coal coming or any new petrochemical or that type of industrial growth in the central peninsula area. The Plan addresses economic development strategies, these are suggesting promoting a positive climate for new business development, preparation of an economic development strategy, maintenance of the city's policy of putting city-owned land into productive use by the private sector when there is a demonstrated public benefit and an enhancement of the contribution of recreational visitor industry to the city's economy and encouragement of tourism. Those are the majors items addressed in those documents." "Regarding the land use, the Comp Plans encourage infilling of the central area. Strip development is along the highways and major arterials is discouraged. In 1980, the Plan said there was about 340 acres of commercially zoned property of which around 120 acres were developed at that time. What I've done here is shown, as we all know this, this in-filling is going on in a rather orderly fashion, in this area east of the older downtown area, I've highlighted these areas that have filled in. In other words, assuming these properties that were available in the 1980's (inaudible) you've got this development along the Spur and out here to the pizza place, HEA using this tract, King Oscar using this large tract here, under option for large (inaudible) type development. I'm using this to illustrate the fact that these larger tracts have basically, well they were originally the airport leased lands, they've gone into private hands, we've had orderly development here, starting, we've had, its been back and forth a little ~ bit regarding landscaping and so forth, but we started out with PLANNING & ZONING COMMISSION MAY 13, 1987 Page 24 development here, the Uptown Motel and essentially this has filled up to the end of General Commercial Zone in this portion of town. There are scattered tracts through the central area that haven't filled up and as Commissioner Michou mentioned, at the last public hearing and in Commission discussion he would get a land inventory and I don't know if you've all seen it, I've got a copy of it here". "There isn't that much commercial property on the market right now, these were highlighted by Leighton, just to show, and these are not all the properties available but this is off the multiple listing service and in the commercial designation and a lot of these are not in the central area, these highlighted here, there are some tracts in the Wildwood area, they are a quarter of an acre and on 61/4 acre parcel in the Radar S/D area, then these listings here are all in the Thompson Park area and they are the small 1/3 acre size lots. I know there is commercially zoned property out there, but you know that you've had a lot of resident comment from that area whenever commercial development has gone on .. Mr. Michou looked around and there are various tracts available that aren't colored in here that you can see, there's this corner here next to Beaver Loop and so forth". "The point of this is to show that, and also the zoning map, I took the liberty of adding this line here because the zoning map indicated these larger tracts downtown and they are more than downtown they are over the bank. That really reduces the size on those when compared to a parcel here. The request we're making and you can see the acreages we're talking about. The Comp Plans have always encouraged., the earlier Comp Plan said confine your commercial area between these wooded revines and that was a good plan at that time, it still is good for in-filling, that's very desirable, but as you can see this is a small scale map, we don't have any parcels left in this area of any size, particularly there's no bluff parcels available of any size to allow commercial development or a planned commercial development where you would have numerous segments, an orderly development that would fit in together, allow room for adequate parking, snow storage and drainage, and your landscaping easement". "The, just some statistics on this, it was called the west Kenai neighborhood, when fully developed the 1980 Comp Plan estimated it 26 and a half thousand people could live in this west Kenai area and that's this side of the ravine. And that would be housing approximately 8,000 housing units. Now thats full development of all residential land. By 1990 that particular plan projected 4270 people in this area. Now we all know we have a slump, a slump, these Comp Plans are supposed to get us through, now the new one's addressing it to 2000 calendar year, somewhere in that area where we look ahead. I've looked at Comp Plans for the area around here, I'm not, I haven't developed any of them but I've always had a, I'll just admit this right up front, a little bone to pick with the Comp Plan that the consultants come down and give to the local area, I don't know it seems to me they're based on a small town that doesn't go through the growth cycles like we've experienced here in the Central Peninsula. For instance, this plan that says keep all your PLANNING & ZONING COMMISSION MAY 13, 1987 Page 25 commercial development here, well as you can see, this is about 4 y. correctly, this development shown spurt it doesn't take too long to you're talking little lots". that's good to in-fill there, and I, cars worth right here if I can remember in pink, well when you have a growth fill up this area, particularly when "So these incongruities become apparent. The Plans, desires to encourage economic development, enhance the contribution of the tourism, visitor industry, thats a real buzz word these days because that's the thing thats projected to hold now that the Borough tourism report is anticipating a decline this year, but not a drastic decline, but a temporary one that's based on a slower economy in Anchorage and a lot of our visitors are out of Anchorage. Those planners that did that project for the Borough Resource Development also pointed out that the Peninsula is really lacking as a visitor destination point, we do get some people down here but we're not really living up to our potential". "Another thing they say, lets in-fill these areas, well as I pointed out, that's going on. When you look at the basic property inventory we're filling up the commercial. Now we do have, I don't have the whole area here but of course we go out to Thompson Park and the area by Morgan Steel and the old Beaver Creek S/D that the state did years ago, there's commercially zoned property there, but you can't really associate that with the central area. And that's why this, this doesn't fit the Comp Plan, I went through it, you can't make it fit and you can quote some things out of the new Comp Plan that Janet put together regarding land use and the things we want to do regarding commercial development and that's cited on page 28 of the draft, "establishing commercial districts due to the highway neighbarhood and central district settings, concentrate commercial development on strategic locations along the Spur Highway where you can control the traffic movement, require that the access to commercial sites be restricted to arterials or collector streets, and not have commercial sites accessed through residential areas, and enact some neighborhood commercial zone and designate selected neighborhoods within the general commercial land use category." "These are suggestions in the new Comp Plan. Well I would submit that this sort of plan, to do here, we can accomplish this sort of thing although the Comp Plan says specifically to encourage growth in the central area, but general if we're going to say that, you know, looking to the year 2000 or perhaps a little further into the future, it would be nice to have some bluff property that takes advantage of the city sitting here at the mouth of the river and Cook Inlet. All the property when you're talking about trying to develop tourism and visitor potential, and you don't have a hotel or a restaurant site anywhere where you can virtually even see the inlet or the mountains across and so forth, we're certainly not utilizing the city's potential to the fullest. The city was probably established here because of the inlet and the mouth of the river and has grown significantly because of that". "The Air Force added a bunch, we've got this property available out here and where some new hotel sites have gone in here and hotels that needed PLANNING & ZONING COMMISSION MAY 13, 1987 Page 26 to be downtown which are convenient transportation wise and road wise and airport wise, but they certainly don't have the visitor appeal or the esthetics that would be available to a bluff location in this area" "Another thing here, we have the opportunity now, if, you can see all the is in here, this is either rural residential or suburban residential, but this whole area, as I stated earlier, can hold something on the order of 25,000 people, that's a long way off, we have a lot of room for residential, we certainly don't want to put (inaudible) back in here. The fact of the matter is the traffic particularly from the development out north as people come in to town from Nikiski area or Salamatof area, this is the part of the town that they are going to encounter first. And I think we could use some more commercially zoned property, not for development tomorrow or next year perhaps but to have some tracts of this size available, this particular tract here or block has about 1100' of bluff front. There's a lot of things that can go on there, we're not deciding any specific thing, I've heard there are some rumors going around but this rezone is not intended for a specific use at this time, what it is is to get some commercially available property, commercially developable property available within the city limits so when we come out of this slump which, hopefully won't last too much longer there will be some areas. That people can look at". "The Plan says that there's a lot of businessesanc~ so forth that have been established outside the city. Certainly some of those are more suited to be outside the city, but probably some of them, it might be desirable to have within the city for the taxes. We have an opportunity now to take a look at this are, this largely undeveloped, this is a photo taken last year so it's pretty current. As you can see Inlet Woods streets are in and so forth. So you can see this is undeveloped and the city owns this, I don't know if its just a planning commission yet I would assume there are some proposed ball park going in in this area and of course the close out of the landfill there will be some sort of contoured and drains site that's seeded there will be no developed there, but across the street from this there's going to be a lot of green areas so while this could be categorized as strip zoning or spot zoning. I think there are some reasons for it, we have this, all this residential development starting here at Woodland and coming clear through, along Forest Drive and out to the bluff and Redoubt Terrace that is not going to be supplanted any time in the near future. Its not going to be forced out". "But we have a natural break here with the city property and this dog leg and the bluff where it comes in right behind the First Baptist Church which has a sizable parcel here. There is room to continue a road through here but certainly for the area here, this is one inch equal 600 feet so for a sizable area in here there isn't room for bluff lots and have an adequate bluff setback. So we do have a natural necking down, more or less a tapering down of the residential zone and then its beginning further on down the road so what we're requesting is that residential begin a little further down. And if we, if this rezone goes PLANNING & ZONING COMMISSION MAY 13, 198 Page 27 ~ through now before this is developed, and residences are built in here we won't have the situation that occurred earlier here tonight, we can, I believe we can adequately address the buffer zones, the traffic flow, and those sort of items now and look ahead. Like I said we're not expecting development on this next year or the year after, but looking ahead to the future. So while it isn't, right in with the Comp Plan I believe these Comp Plans are perhaps a little lacking in this commercial area. Although when we're talking about development of commercial districts this type of development does, in my opinion fit with the goals laid out in the Comp Plan. Regarding the buffer areas, the street, access, and so forth. So, that's all I have on that. I wish I could pull out the land use map where it says lets have some commercial zoned property with some bluff front and beautiful view available but there isn't any in the Comp Plan. I certainly think the city could use some." Chairman Lewis opened the issue to the public for comment. John Cooke: "In listening to Mr. McLane, I'm wondering and in sitting in on some of the comprehensive planning reviews that took place years ago I think the comprehensive planning review basically tried to keep the development of the city into a core area to avoid, remember discussion was to avoid the spreading out of our commercial endeavors to make it look more like a cohesive city. And this is, I don't know if anybody has ever taken an opportunity to walk or to drive through this area, I guess you'd have to walk through most of it, but it does afford a beautiful view, esp. if you had a large home (inaudible, papers rustling) structures of the inlet. It seems like it would be more compatible to keep it residential over spreading out the commercial center of the city. And I think the city has done a tremendous job with its Comprehensive Plan to this point, I would hate to see you start spreading the city farther away from the core." Chairman Lewis closed the public hearing and brought the issue back to the Commission.. MOTION: Commissioner Bryson moved approval of Resolution PZ87-3, seconded by Commissioner Osborne. Commissioner Smalley, "I question that Councilman Wise brought up last time this came up, has the petitioner, what are the petitioners thoughts on having to completely pay for the parcel or is it completely paid for, if its resubdivided under current ordinances, I think it has to be paid for prior to ... correct?" Sam McLane: "I really didn't go over that totally, there's, as I said what we're requesting here is a conditional rezoning approval at this time, because we don't have an accurate legal description. The intent is to request the, once the conceptual approval or the conditional approval is granted is to request the necessary waivers to do the replatting and end up with the large blocks available that would PLANNING & ZONING COMMISSION MAY 13, 1987 Page 28 ~ essentially return the site to the way it exists now only with a different zoning category so its the intent of the owner to ask for those waivers. In other words, right now for instance, on a rededication of the ROWS in a slightly shifted position there isn't that much difference really other than this new one here keeps access into the residential from having to go through all the commercial so the city would have to be signatory to the plat as the city was the one that dedicated all these ROW's to the public. So additional waivers to the various platting authorities would be requested at that time. The idea was rather than to request a conditional approval on the rezone, rather than coming in here with the vacation, well it was just a lot of paper work associated ..... Commissioner Smalley, "In other words no". Mr. McLane, "yea. But we know all those steps have to be gone through". Commissioner Bryson, "Question. He's asking for a conceptual approval, which....I'm not sure we have that vehicle, ..... that a conceptual zoning .... could be approved. Correct?" Chairman Lewis, "As I understand it its either a conceptual .... Commissioner Smalley, "it either is or it isn't". Chairman Lewis, "Yes. There's nothing conceptual about it at all. If we vote for it." Commissioner Michou, "Either we have it or we don't, its either commercial or it ain't". Commissioner Smalley, "In other words the vehicle we would have to approve of this or not, not of the conceptual basis." Chairman Lewis, "we're not approving the concept, we're approving the actual rezoning". Mr. McLane, "I hate to interrupt again but I used the term conceptual and conditional because at this time, this parcel is in tract, legal configurations that are different from what's shown here. So the reason I said, say we use the term conditional rezone, there isn't a legal description for this tract right now, that's why, even though this part is the remaining residential, we asked for rezoning or advertisement of all the tracts because the ... this is, this is what the tracts look like now. You see they're slightly different but in other words this is Tract D-9 of Dena'Ina Point Estates as recorded on plat 84-107, so ... this is a concept we're asking for approval for, but when you grant the rezone you have to have the legal description and we don't have a legal description until we go through all that platting process." Commissioner Michou, "so all we got to do is get it platted and since we've already approved it as commercial, then we wind up with 13 quick stops or video rental stores and we've had it". Mr. McLane, "in the planning process, we have public hearings on the .... on the ROW vacations and so forth, that have to go through that standard procedure and so forth but yes, once, if you approve a conditional rezone on this map, it is a rezone". Commissioner Michou, "I can't see the lines but I'm saying if I can count 13 lots along the highway we could conceivable wind up with 13 small businesses". Mr. McLane, "the intent at this time, these were shown, these interior lines were shown at the time just to show, just to give you an idea of some size that could be available, the intent now is to plat the ROW's so the original intent of this PLANNING & ZONING COMMISSION MAY 13, 1987 Page 29 section 36 dispersal would be there. In other words, the access and the corridor for water lines to get to this street and to this street would be there. But essentially what we're asking for at this time is to have these blocks just the way they are, shown here. No further platting of small lots at this time. The platting would come some time in the future". Commissioner Smalley, "Is that not in a sense a replat then." Mr. McLane, "yes this is a replat. But what I'm saying is the replatting it into the blocks as the city did with the entire Dena'Ina Point." Commissioner Church, "When you get to the final platting, say we do this and you get to the final platting doesn't it come back to us for approval?" Mr. McLane, "yes, the platting for this and then when further subdivision is done with, when we get into the commercial you'll have your site plan review and your landscaping and all those reviews will be done, but if say, if there is a planned commercial development for this tract here, where someone doesn't want to development and I'm speculating into the future, to explain the process, doesn't want the full 7.1 acres, but wants this portion here, then that plat would come through the city." Planning Specialist Loper, "If I may help the Commission a little bit, we had a similar situation, and I think it was yours also, for Parsons S/D? On that the Commission gave approval of the rezoning and it was to be contingent upon the filing of a final plat which would be coming before this Commission." Commissioner Smalley, "but right now the power lies with the city as far as the sale of that property of the conditions of the sale is that before it be resubdivided it would be paid for in full. I think that's an agreement on the purchase contract. CHANGE TO SIDE 2 OF TAPE. Councilman Wise, "...Really the administration and Council and the buyer, but is a material thing. The only comment I would make here is that I, as I understand what is being requested is conceptually do you agree with this. I would point out, a little bit in contrary to Mrs. Loper is that the, not in my mind, be necessarily be binding in the future. Is that, I think, you get a little play on words and though I don't claim to be an attorney, I think that you approve of developing, what they're asking, as I understand it, to approve further development of the concept. Which does mean that you cannot in the future turn down the concept. Its a little fine things that your not committing, as I would envisage it, you're not committing yourself to approving this as presented in final form, even the rezoning or anything. All you're doing is, maybe I've got Mr. McLane wrong but this is not an action which precludes you from reversing yourself in a future date. When you get the final plat and the deliberate delineation of the plats be discussed. He is very correct in that he can't final approval because you don't know......" Planning Specialist Loper, "you don't have a legal description". Councilman Wise, "you don't have a correct legal description. You can't define some of these imaginary lines. On that PLANNING & ZONING COMMISSION MAY 13, 1987 Page 30 basis I would say and I think it has to be arrived at between the applicant and the Commission is an understanding, are you committing yourself to another step of approving a replat, vacations and so forth. If that's the request then I think you should be very careful about ... they are simply saying that as of this moment you have no problem with never continuing developing, finalizing this concept, that's something else again. Its a fine line of difference and I think its got to be clarified, what you are doing and what you are being asked to do." VOTE: Mr. McLane, "May I clarify that, I know that this is resulting in confusion here, but what we're requesting is a conditional approval contingent upon the .filing of a final plat, recorded in the Kenai recording district that looks just like this that would overlay right here, it would actually have a tract designation on this bearing and distances and exact acreage and a recording stamp down here just like the original. Because like I said we have to go through the ROW vacation process, the resurvey, the resubmittal of the plat and so forth into the commercial configuration, that's a lot of work to go through its a lot more time on the Commission's part, we felt it would be better to get the conditional zoning request in, if you approved of the zoning and the land use then we would do the platting. If we went right now and went through that platting procedure, came in and just did a replat, assuming that the City administration and the Council would be agreeing to shifting the location of the ROWS and so forth and then got this done and then came in and said ok, we want to rezone these areas I've outlined in brown to a general commercial designation and it was turned down, we would be left with a bunch of ROWS that weren't really in the best configuration for residential. And then we would have to go back through, vacate those and go back to the original. Thats why the intent was to come in and request a conditional rezone for these and the rezoning would be contingent upon a final plat that would have this configuration to show the new ROW locations, the screening easements would be platted and dedicated on the final plat. I call this concept, call it a preliminary plat, but its really not a preliminary plat because it has not been submitted to any commission. That's why this plat is in this configuration and when that was done it would relieve the contingency in the zoning, would become finalized". Motion passes Church - yes Michou - yes O'Reilly - no Osborne - no Smalley - no Lewis - yes Bryson - yes 5. APPROVAL OF MINUTES OF April 22, 1987 Minutes were approved as submitted ? 6. OLD BUSINESS None