7.2 Rezone Matlock-Johnson Add CITY OF SALINA
REQUEST FOR COMMISSION ACTION DATE TIME
7/~ 4:00P.M.
AGENDA SECTION: Development ORIGINATING DEPARTMENT: APPROVED FOR
NO. 7 COMMUNITY DEVELOPMENT AGENDA:
... Planning Division
ITEM RoyDudark~ ~b~
NO. 2
BY: BY:
Item
Application #Z92-8, filed by Russell Johnson, requesting a change in zoning
classification from Saline County AG (Agricultural) to PC-3 (Planned
Shopping Center) District on a 44.50 acre tract of land located at the
northeast corner of S. 9th Street and Schilling Road.
Background
The applicant has requested rezoning of vacant, AG Agricultural zoned land
to PC-3 Planned Shopping Center to construct a new regional retail center.
The retail center would be anchored by a Sam's Wholesale Club, with
additional future development on six (6) other outlots. The Sam's building
would have 134,900 sq. ft. with the potential for a 30,000 sq. ft. expansion
on a 23 acre site. The Sam's site also .includes 953 parking spaces, a
stormwater detention pond, and landscaping.
The subject site has 1,335' of frontage on 9th Street and 972' of frontage
on Schilling Road. The site is surrounded on the north by single-family
housing, on the east by vacant crop land, on the south by an agricultural
implement dealer and vacant crop land, and on the west by Wal-Mart and
Earthcare.
Traffic access has been an important factor in both site selection and
development planning. Construction will begin soon on' the 1-135 and
Schilling Road interchange project. Following completion of 'the full-
diamond interchange, widening of Schilling Road to 4 lanes and installation
of signals at 9th and Schilling, traffic capacity will be greatly enhanced
at this location.
The developer is proposing to complete additional street improvements to
serve the project: a frontage road east of 9th Street, two access roads
connecting 9th Street to the frontage road, a traffic signal on 9th Street
at the north entrance along with additional turn lanes, and the widening of
COMMISSION ACTION
MOTION BY SECOND BY
TO:
CITY OF SALINA
REQUEST FOR COMMISSION ACTION DATE TIME
77~/92 q:00 P.M.
AGENDA SECTION: ORIGINATING DEPARTMENT: APPROVED FOR
NO. COMMUNITY DEVELOPMENT AGENDA:
Planning Division
ITEM Roy Dudark
NO.
BY: BY:
m
Page 2
Schilling Road to include an additional (fifth) lane near the 9th Street
intersection and a three lane roadway to the east boundary of the
development.
Another important consideration is drainage. Although the site is not
located in the 100 year floodplain, it is relatively flat and natural
drainage is poor. The developer is proposing a large stormwater detention
pond on the north and east sides of the Sam's Club lot. The pond would be
200 feet wide and 7 feet deep at the lowest point. A landscaped berm would
be placed between the pond and the adjacent single-family housing. A pump
and force main would discharge runoff into an improved open ditch on the
south side of Schilling Road. From there the water would drain west and
south under 9th Street and 1-135 to Dry Creek.
The degeloper is proposing to connect to existing public utilities to serve
the development. A new 12" and 8" looped water line would feed water to
the development from an existing 12' line along 9th Street. A new 8" sewer
line will connect to an existing sanitary sewer line at the south end of
Ray Avenue.
The proposed landscaping plan includes an offset double row of evergreens
along the pond berm and along the north side of the Sam's Club building, a
single row of evergreens along the east boundary line, 'deciduous shade
trees and shrubs along the frontage road, perimeter of the parking lot and
on islands within the parking lot, and a mixture of plantings around the
substation.
Only the site development plan for Sam's Club has been submitted to the
Planning Commission for approval. Development plans for each outlot will
be submitted for approval at a later date.
COMMISSION ACTION
MOTION BY SECOND BY
TO:
CITY OF SALINA
REQUEST FOR COMMISSION ACTION DATE TIME
7/20/92 q:oo P.M.
AGENDA SECTION: ORIGINATING DEPARTMENT: APPROVED FOR
NO. COMMUNITY DEVELOPMENT AGENDA:
Planning Division
ITEM Roy Dudark
NO.
JBY: BY:
Page 3
Plannin~ Commission Recommendation
On July 7, the Planning Commission conducted a public hearing on the subject
application. Following comments, questions and discussion, the Planning
Commission passed a motion (8-0) to approve the rezoning application and
site development plan for Sam's Club (Phase I} subject to the following
conditions:
1. That development shall be in accordance with the approved site
plan, including plans for signage and landscaping, incorporated
herein by reference. In addition, the development shall follow
and comply with all city regulations and standards t
2.. A building permit for Phase I (Lot 2, Block 4) shall be applied
for within 18 months of the approval date or the approved
development plan shall become null and void and the zoning shall
revert to its former classification. Site plans for the remaining
building lots must be approved by the Planning Commission prior to
the issuance of any additional building permits.
3. Uses shall be limited to those proscribed in the C-3 regulations
and shall be subject to all bulk and use limitations in the C-3
district.
4. That signage on the site shall comply with C-3 regulations, except
that the pylon sign located on Lot 1, Block I shall have a maximum
area of 135 sq. ft. on one sign face.
5. That the landscape plan shall be amended to show installation of
Ash or Honey Locust trees alternating with shrubs along the east
side of Market Place. At least two (2) trees shall be shown on
the landscaped islands on the east and west ends of the parking
COMMISSION ACTION
MOTION BY SECOND BY
TO:
CITY OF SALINA
REQUEST FOR COMMISSION ACTION DATE TIME
7/20/92 q:oo P.M.
AGENDA SECTION: ORIGINATING DEPARTMENT: APPROVED FOR
NO. COMMUNITY DEVELOPMENT AGENOA:
Planning Division
ITEM Roy Dudark
NO.
BY: BY:
Page 4
lot, on each of seven {7} center islands surrounding light poles
in the middle of the parking lot and on the island set aside for
the power line pole. The amended plan shall also indicate the
type of vegetative screening proposed for the KP&L substation.
6. The developer shall be responsible for the installation of all
off-site improvements to 9th Street and Schilling Road shown
on the site plan drawing, including the signalization of the 9th
Street and Sam's Place intersection.
7. A site development plan containing all revisions and amendments
required by the city commission shall be submitted to the zoning
administrator prior to application' for a building permit.
City Commission Action
If the City Commission wishes to approve the application, a motion should
be passed to concur with the recommendation of the Planning Commission and
place the attached ordinance on first reading. The protest deadline is
July 21 with second reading held in abeyance for platting (tentatively
scheduled for August 3).
If the City Commission wishes to disapprove the application, a motion
should be passed to reject the recommendation of the Planning Commission.
In order to reject the recommendation on first consideration, 4 affirmative
votes are needed. If this action is taken, the City Commission should
articulate the specific reasons for disapproval.
If neither of the above actions are taken, a motion should be passed to
return the application to the Planning Commission for reconsideration. In
approving such a motion, the City Commission should articulate any specific
COMMISSION ACTION
MOTION BY SECOND BY
TO:
CITY OF SALINA
REQUEST FOR COMMISSION ACTION DATE TIME
7/20/92 4:00 P.M.
AGENDA SECTION: ORIGINATING DEPARTMENT: APPROVED FOR
NO. COMMUNITY DEVELOPMENT AGENDA:
Planning Division
ITEM Roy Dudark
NO.
BY: BY:
Page 5
changes in the proposal which the Planning Commission should consider prior
to making a second recommendation. Such suggested changes are particularly
useful when stated by commission members not in support of the application.
Encl: Application w/Attachment A
Vicinity map
Site Plan
Excerpt of PC Minutes of 7/7
Ordinance #92- 9520
cc: Russell Johnson
John Peterson
COMMISSION ACTION
MOTION BY SECOND BY
TO:
PUBLICATION DATE No Later Than__June 16, 1992 APPLICATION NO. Z92-8
HEARING DATE ,]u]? 7. lg92 DATE FILED June 4, 1992
VICINITY MAP ATTACHED FILING FEE $300.00
OWNERSHIP CERTIFICATE RECEIVED RECEIPT NO.
(INSTRUCTIONS FOR COMPLETING THIS APPLICATION ARE ON THE REVERSE SIDE OF THIS FORM)
APPLICATION FOR AMENDMENT TO THE
DISTRICT ZONING MAP (REZONING)
"1. APplicant's Name: '*Russell M Johnson '
2. Applicant's Address 514 N Eisenh~ower, Junction City, Kansas Zip Code:_ 66441
;3. 'T~lel~hone (Business): '(913) 762-2425 (Home):
4?' Owner's Name: Dorris E Windslow, Dorothy A Winslow & First Nat'l Bank & Trust Co of
-- Salina,. Kansas, Trustees of the Anna M Debold Trust
5. Owner's Address.v.~r~ ..~' ~..~°--~'- ~-, ~,~,,~,~-'" .... .~ Zip Code: 67401
"6. Legal description of property to be relined (attach additional sheets if necessary):
Lot(s) See legal description attached as Exhibit A In Block No.
In _ Subdivision
~.~': ~ Metes and bounds description if unpls~ted (a Surveyor's Certificate must be filed with this application and if approved
,; ': will be required to be platted):
N/A
7. Approximate street address: _Northeast eornam of lg{nth_~tr~o~ ;~ R~_hi 1
8. ' Area of property(sq, ft; and/or acres): 44.~J;Z acres
9. Present zoning: A-1 Use: CrOps (Wheat.)
10. R~qu~sted' z~3nin~j: "" PCa.~3 "Use:" ~Comme~'cial R~ail
11. Are there any covenants of record which prohibit the proposed development? (Attach copy): No
12. List reasons for this request. (Attach additional sheets if necessary):
See statement attached as Exhibit B
13. Supply factual data showing the effect the request will have on present and future traffic flow, schools, utilities,
refuse collection, surrounding properties, e[c: (Attach additional sheets if necessary) __Applicant will cooperate
with City regarding improvements to SehillJng_Road. With the ~mprouPm~nts and the
alg~lJzation at H~8] A ~ld Driu~ traffi~ J~ w{ll ~ m~n~]. A~
' Ye . P , u '1' ion o i ering will i~ct on
14. ~,,~er~%~len~-str~%% b~ provl~e~ r~e~A ~e~ Ye~ n~ate
surrounding pro~rty.
Explain: ~ site pl~ reflects, ~plicant will ~et
or exce~ City r~ire~nts.
15. List exhibits or plans submitted: Exhibit A: Legal Description; Exhibit B: Statement of Purpose;
Exhibit C: 200' Property Owner List; ExhiDit D: Preliminary Plat; Exhibit E: Building
Elevations; Exhibit F: .Si~e Plan; Exhibit G: Stateme~of Owners~ip~ ~
PROPERTYOWNER{S) ,a ,'\ ~ APPLICANT'S~' ) __.--A/~ I, \ I; C
S,GNATURE: S,GNATUBE:
Ccntr~_Ct Pcnd~.g Russell M Johns~
DA/E: June 4~ 1992 DATE: June 4~ 1992
If the applicant is to be represented by legal counsel or an authorized agent, please complete the following so that
correspondence and communications pertaining to this application may be forwarded to the authorized individual.
NAME OF REPRESENTATIVE: John D Petersen~ Esq
ADDRESS: 7300 Colleqe Blvd, Ste 300r Over.land Park~ KS ZIP CODE: 66210
TELEPHONE (Business): (9]3) 451-R7BB AREA CODE: 913
White - Planning Canary - City Clerk Pink - Inspection Gold - Applicant
(Rev. 8/84) 101
(PLEASE DO NOT DETACH)
June 2, 1992
92-1409
-APPLICATION FOR PRELI]VIINARY SUBDIVISION APPROVAL - Item Number 7
DESCRIPTION PHASE I BOUNDARY
A tract of land located in the Southwest Quarter of Section 36, Township 14 South,
Range 3 West of the 6th Principai Meridian in Saline County, Kansas and described as
follows:
Commencing at the Southwest comer of said Southwest Quarter of Section 36;
thence S 89~'35'56" E on the South line of said Southwest Quarter a distance of
442.59 feet to the POINT OF BEGINNING of tract to be described;
thence N 00024'54.. E a distance of 30.00 feet to a point on the North Right-of-Way
line of Schilling Road;
thence N 89035'56.. W on said North Right-of-Way line a distance of 80.00 feet;
thence N 00024'54.. E on said North Right-of-Way line a distance of 30.00 feet;
thence N 89035'56'. W on said North Right-of-Way line a distance of 215.00 feet to
a point on the Easterly Right-of-Way of US Highway 8 I;
thence N 00014'20.. E on said Easterly Right-of-Way line a distance of 234.60 feet;
thence N 05030'06.. W on said Easterly Right-of-Way line a distance of 401.40 feet;
thence N 00013'50.. E on said Easterly Right-of-Way line a distance of 637.38 feet
to a point on the North line of the South Half of said Southwest Quarter;
thence N 89059. 14" E on said North line a distance of 508.47 feet to the Southwest
corner of Key Acres Second Addition to the City of Salina, Kansas;
thence S 89036'55.. E on the South line of said Key Acres Second Addition a
distance of 972.53 feet;
thence S 00023'05.. W a distance of 1335.20 feet to a point on said South line of
the Southwest Quarter;
thence N 89035'56.. W on said South line a distance of 1142.54 feet to the Point of
Beginning.
Contains 44.50 acres, more or less.
SUBJECT TO Easements, Restrictions and Reservations now of record.
END OF DESCRIPTION
SURVEYOR'S CERTIFICATE
I, the undersigned, do hereby certify that I am a registered land surveyor
in the State of Kansas with experience and proficiency in land surveying;
that the heretofore described property was surveyed by me, or under my
supervision and meets the minimum requirements as adopted by the Kansas
Society of Land Surveyors.
Given under my hand and..,~ls~.~a.~d.~. ~'%o..
,7 :' ',.'c:::' ., ,, '~
.. ...
~ON D OSBDURN ~, ,:- .': :.. ., ,.'-'?'-e
Registered Land Surveyo~,:'Ka~sa_s~800''. ~ ,,-" Date
",,,;; 0 ~d sO
June 4, 1992
APPLICATION FOR AMENDMENT TO DISTRICT ZONING MAP
Item Number 12:
Describe the extent and nature of the proposed development...
The new development at Schilling Road and 1-135 will be an automatic drawing card
for Salina. It will reach as far West as Hays, Kansas, East to Junction City, South
to McPherson and North to the Kansas-Nebraska border. The demographic information
that was assembled identified 217,185 people within the above area that are
potential shoppers. They currently travel to existing stores in other communities,
and we expect they would then be able to shop in Salina due to much closer
proximity. We anticipate also that 11,771 small businesses will shop with us. Our
retailer will create 150 new jobs for the community.
Salina itself is at the crossroads of 1-135 and 1-70. It provides easy access for
people to move from 1-70 to 1-135. The site on Schilling Road and 1-135 was chosen
for this development for several reasons. 1-135 is a major thoroughfare which is
necessary for handling the type of draw we anticipate. Our type of development is
that of a regional center. That is, we intend to draw from other communities, not
just Salina itself. The site is very visible from the interstate. Plans to upgrade
the interchange at Schilling and 1-135, signalization at 9th and Schilling, and the
widening of streets ~n the area will make access to this project excellent.
Consequently, there will be no additional burden on the city's infrastructure.
Another plus is the Phase Two portion of our development. Based upon our knowledge
and belief of Salina, we feel that with proper screening, the rear portion can
easily accommodate single family housing, similar to the existing homes adjacent to
the proposed development.
Finally, in our search for ground for this development, we could not locate another
site that met our location requirements which was large enough to accommodate our
needs for this particular project. We will be able to interest several other major
tenants for the above reasons, and feel that our care in site selection will be very
rewarding, not only to our development but to the entire community of Salina.
_ 1~~1~ S(~JTH
HIGH
SCHOOL
PARK
C- 5 ~.rr
~ R-1
~ A-1
i WaI-Mart
~i/ AG AG
PC-3
Schtll~ng Road
~,': on C- 2
IL
'~ m. AG
AG AG
uest A:ea
' '~ ~ ~ ~ ~ ~UTH Application t~Z92-8
Russell Johnson
~VE~OE 'A" ~ AG to PC-3
IH
/
Application #Z92-8
Proposed Sam's Club
Site Plan
Schilling Road
MINUTES
SALINA CITY PLANNING COMMISSION
CITY COMMISSION ROOM
July 7, 1992
4:00 P.M.
MEMBERS PRESENT: Seaton, Anderson, Duckers, Hardman, Haworth, Kline, Larson, McCoach and Morris
MEMBERS ABSENT:
DEPARTMENT STAFF: Dudark, Andrew and Stock
OTHER STAFF: Shawn O'Leary, Asst. Director of Engineering and
Utilities
The hearing began at 4:00 p.m.
#1. Approval of the regular minutes of June 16, 1992.
Chairman Seaton asked if there were any comments or corrections to the
minutes of June 16, 19927 There being none, the minutes were approved as
submitted.
#2. Continuation of Application #PDD92-1, filed by Richard and Sandra
Jensen and CPB Health Care Center, Inc.
Mr. Dudark stated that with the recommendation of staff and the consent of
the applicant we would like to continue this to July 21.
MOTION: Mr. Anderson moved that Application #PDD92-1 be extended to the July 2I
meeting.
SECOND: Mr. Hardman seconded the motion.
VOTE: The vote was unanimous {8-0) in favor of the motion. Motion carried.
#3. Application #Z92-8, filed by Russell Johnson.
Chairman Seaton asked if the applicant was present? The applicant was
present.
Mr. Dudark stated this is an application filed for the rezoning of a tract
of land 444 acres in size at the intersection of 9th Street and Schilling
Road. It is presently in the county. This is the city limit line that
goes around the Wal-Mart site back up into the residential area on the
north side of the tract. It is a request to rezone from Saline County
Agricultural to Planned C-3 Shopping Center. As you will see, when we get
into the drawings, the proposed intent is for a Sam's Wholesale Club an the
anchor department store in an overall commercial development that has 6
additional commercial building lots.
Mr. Haworth arrived at this time.
Mr. Dudark stated the proposed Sam's site is 134,900 sq. ft. with an
addition of 30,000 to be added on in the future. The application for the
site plan approval is just for the Sam's tract at this time. The remaining
tracts would be subject to your final approval of their layout plans for the
building, parking, landscaping, signing, etc. This site is a relatively
flat piece of ground. The drainage in this area is not particularly good. The
plans are to have a stormwater detention pond on the north and east sides of
the property to intercept the runoff from these two lots which would drain
into this area. This would be the deepest part of the pond, approximately
7' deep. There will be a pump station that would pump the water out at a
controlled rate through a pipe that would discharge the water south of
Schilling Road. At that point it would drain west. Then along the east
side of Ninth to a culvert and eventually west to the Dry Creek drainage
system. The property has frontage on both 9th Street and Schilling Road.
There are several planned street improvements 'through the area. The
frontage road plan would start on the north, come down and connect to
Salina City Planning Commission
July 7, 1992
Page 2
Schilling Road. This will primarily be the internal access. There are two
small street segments. This first one would be the main entrance. This
~'would be where the signal light would be placed. You may recall that the
Wal-Mart entrance is here and at that time we determined that this was the
location for the traffic signal. Since that time we have had a transporta-
tion study underway, working with our transportation consultants and the
city engineering department. We determined that this signal would be too
close, only 700' away from this signal. The recommended separation is
1000'. This will be the main entrance. The plans will be revised to show
the signal in this location and the south entrance will not be signalized.
In conjunction with this, the north entrance will become the main entrance
to the Wal-Mart store. As you may have noticed recently, the Wal-Mart
property has filed for an expansion of their building, an additional 58,000
sq. ft. on the north side. We will have to coordinate the street
improvements with that project. Because it is the same corporation, the
signal should be worked out internally with that company. This site is also
adjacent to the planned Schilling and 1-135 Interchange. The interchange
contract has been let. The construction will start in August and will take
approximately 10 - 12 months. It will be a traditional diamond interchange
with on and off ramps coming into Schilling Road. Schilling Road will be
widened to 4 lanes with a left turn center lane. The intersection of 9th
Street will be signalized with left turn lanes. The state project will
include some additional improvements of Schilling Road east of the
intersection. It will be a four lane section. The developer has proposed
adding an additional lane providing for a free right-tUrn lane coming off of
gth Street on Schilling Road so there will be a 5-lane section once that is
completed, 4 lanes by the state or city and an additional 5th lane by the
developer. From that point on the road will taper to 3 lanes once you
get past this frontage road entrance. It will taper to 3 lanes with both
an east-west through lane and a left turn lane going primarily to the truck
service area to the rear of the Sam's store and a potential store on this
lot here. The possibility exists of a driveway opening for this site that
would line up with the Sam's store. Otherwise, there will be access
controls on both 9th Street and Schilling Road. The question here is the
scale of the project. You read in the report the information the applicant
submitted. This is a regional retail project. They can explain that in a
few minutes. Essentially, the location chosen for this is limited by the
availability of land in the community that has interstate access and
sufficient space for an operation of this sort. There are very few sites in
Salina that one could locate a retail project of this magnitude. The
Schilling Road interchange it could be argued was designed to accommodate
this level and intensity of use and this type of traffic generated. The
surrounding uses in this area, it is residential to the north. This is the
Key Acres II subdivision. It is single-family homes from here to further
north all the way to Magnolia Road. Also to the north is a vacant tract
that is zoned agricultural and has a single-family home on it. To the
northwest is Earthcare nursery and landscaping company, a vacant tract
here and then J.J. Chevrolet. I mentioned the Wal-Mart site. To the
southwest is the moving and storage business. We have a vacant tract of
land on the south side that is agricultural. There is a small agricultural
implement dealership located east of there. To the east it is vacant and
undeveloped. The developer's intent has been stated as single-family
residential development some time in the future. I mentioned quite a bit
about the traffic, some improvements that both the public sector and also
the developer would be doing. The utilities are essentially adjacent to the
site. There is a large water line in 9th Street. There is sewer to the
north. When we talk about the plat, we will talk in more detail about
extending those lines into this area and providing a looped system and
providing a sewer system. Also the drainage, I did touch on that but we can
go into more detail. The engineer is here if you have any specific
questions about how that ponding system will work. I might mention a
landscaping and buffering system that is planned along the north side of
the pond. This is the proposed berm that would be 4 - 5 feet or perhaps a
little higher above grade, 15' or so wide. There will be a double row of
evergreens. Red Cedar and Austrian Pine trees would be planted in a
staggered pattern so you could fill in the gap with that type of system,
some Scotch Pines, a double row here to provide another buffer from the
building itself. This is about 200' wide as an open space area and
Salina City Planning Commission
July 7, 1992
Page 3
detention pond. This will be rather shallow and gradually slope both from
the west and east. The plan does call for the construction of a cul-de-sac
· which would complete Highland Street and create a turn-around with land-.
scaping around that. There will be Red Cedar around the east side. As far
as the site itself, the Sam's site, they have some plantings primarily
locust and Ash along the north and Golden Raintree along the south. Staff's
preference after talking with the City Forester is to use the Ash and Locust
in more locations. The Golden Raintree is not particularly successful. It
is a nice tree if you get lucky. In addition, there will be some land-
scaping on every other aisle at the end and in islands approximately 2 - 3
parking spaces in size. We are recommending some shrubs and two trees in
each of those spaces. This is the tower that supports a power line with
a 100' easement that is a major feed into the Salina area. There is a large
tower that would be landscaped. There will be some internal islands in the
parking lot. There are six shown on the drawing. We are suggesting another
one. We have talked to the applicant about that. These will be around
the light poles that will be out in the middle parking lot. There will be
additional landscaping near the entrance, a little less in size because of
the high pedestrian activity. It is a little busier environment in this
area. Under planned commercial, you are considering both the zoning of the
property to C-3 uses and densities as well as approving the site plan for
the first phase of development. This is the building location and this is
the expanded area. This is the loading dock to the back. We gave you a
drawing that the applicant provided for a free-standing pole sign to be
located on this piece of triangle. That would be the only real structure on
this site. Otherwise, it will be a landscaped easement with a pole sign
somewhere in this location at the main entrance. These other sites are
building lots. This is the substation. I might touch on some landscaping
shown around this substation. We would encourage the applicant to provide
some screening. They are working with KP&L and have reached an agreement
with KP&L to provide some additional landscaping around the west and south
sides of that facility as well. The main lot is for Sam's with another
large lot directly south for a future retail use. Our recommendation on
this application is to approve the site plan and application for plant,ed
commercial C-3 subject to seven conditions we listed in the staff report.
#5 would be 7 center islands instead of 4. With that correction, I think
the other conditions are okay as stated. We listed 4 reasons to support
this recommendation. Essentially, the suitability of the site for
commercial development because of this proximity to the 9th Street and
Schilling Road i.nterchange and additional commercial uses across the street.
The proposed plan is compatible with surrounding zoning and uses part-
icularly when you consider the buffer and setbacks and landscaping that
has been provided to shield the adjacent uses from any impact. The fact
that the site is contiguous to the city limits. Utilities can be extended
easily to serve the site. The developer is providing the infrastructure to
support the use. The city's proposed new comprehensive plan designates this
area as a commercial shopping area. That would be consistent with this use.
Mr. McCoach stated you talked about the signals being moved. Would the
Wal-Mart entrance be right across from the other so people would be prone to
go back and forth across there.
Mr. Dudark stated they may. That is very similar to the situation at the
Central Mall where you have the Dillon's store. If you can visualize the
south crossover that goes to the Sirloin Stockade back and forth to the
Dillon's. It is unsignalized. You can do that but particularly you would
do it when there was a low traffic volume. When it is a high traffic
volume, you are probably going to sit there for a long time and get
frustrated and then go somewhere else to get across or make a right turn
and get out. It is possible to do that. We don't think it is a traffic
hazard. We have not had a high accident rate at the Dillon's and Sirloin
StOckade. Alot of times driver physcology works and people avoid those
kinds of situations or are particularly cautious about it. At this point
the plan is to leave the median break to allow that. If that is determined
to be a problem, we will have to come up with a plan to deal with that.
Salina City Planning Con~nission
July 7, 1992
Page 4
Mr. Morris asked if the configuration of the intersection of Schilling and
9th, is that turn lane that comes off and out, will that be eliminated?
Mr. Dudark stated yes. That is kind of a free-right. That will be
eliminated. It will have a standard right turn at the intersection with the
reconstruction.
Mr. Anderson stated I want to reconfirm the water drainage. You are saying
it comes on down to Schilling Road and crosses over and drains into Dry
Creek?
Mr. Dudark stated that is right. As you probably know, the natural drainage
is from south to north. It is very shallow sloping and has a tendency to
sheetflow going north into the residential area. The original plan was to
intercept this water in this pond and pump it over into this ditch in 9th
Street. At that point it would go north and then there is another ditch
coming from this residential area that goes under 9th Street and eventually
northwest to Magnolia Road. The concern about this is the capacity of this
ditch. Also, the possibility that some water would go back into this area
through that open ditch system. To avoid that possibility, and since we
have additional capacity down here, the idea is to take this water to the
south side of Schilling where there is no possibility that it can enter this
open ditch system, and then west under the interstate. You get a rainfall
and it goes into this pond. It does not go off-site until some time after
the pond reaches a certain level. At that time the ditches have subsided
and the pumping begins as the ditches are dropping at a rate that this ditch
is sized to handle.
Mr. Morris stated in effect, this will create a better situation for the
people living in South Salina as far as water is concerned?
Mr. Dudark stated our drainage policy as implemented by the city engineering
department is to not create any additional runoff than is coming off that
site in its agricultural use, What water is leaving that site now can
continue to leave but very little is leaving. Alot of it is being absorbed.
Any additional water created by the buildings or surfacing is going to be
detained. I hate to say it improves it but it will not harm it.
Engineering is satisfied that this kind of retention system is the way
to go because it does handle the water that is generated by this project.
Mr. Anderson stated it is a large project but it is a large @onding system.
Mr. Dudark stated it is. I particularly like using it as a buffer and not
just a pond.
Mr. Morris stated it is assumed to be engineered on the basis of the full
area being complete.
Mr. Dudark stated it is designed to accept the drainage from these two
large lots. These side ditches will be used in that water that is leaving
the site now from the agricultural use will go into this ditch system.
Mr. Morris asked if there will be no more reasons to do additional ponding
on that particular site?
Mr. Dudark stated we do not think so. Engineering is looking at the figures
that the developer's engineer is providing. The concept is to use that 20%
or 30% that is leaving the site as the drainage for these outparcels.
Mr. Kline asked other proposed building sites, how does that affect the
next section over to the southeast?
Mr. Dudark stated to the south is the agricultural tract that goes from
Schilling to the south industrial area. It is an 80 acre tract, almost, there
is a little bit taken out for this agricultural use. There has been no
plans submitted for that area. The comprehensive plan shows that as a
business park, a light industrial use. It would~ be heavy further south,
Salina City Planning Commission
July 7, 1992
Page 5
light there and then the commercial. When it was submitted for rezoning for
light industrial or business park use, that would be the time to deal with
the utilities,and drainage and circulation. There will be a need to make
this a four-lane road instead of a three-lane road. It goes east of here
so there will probably be a need for another lane added to Schilling Road.
To the east, single-family dwellings is the intent. It is not a part of
this application. It will still be agricultural and remain in the county
for the time being. The drainage on that would have to be sized to deal
with that use which would be less intensive.
Mr. Kline stated we had a proposal before us a month ago and that was a big
issue. It is going the same place as that, is that right?
Mr. Dudark stated part of the difficulty with this tract is that there is
no ditch between this vacant field and the industrial buildings. If there
were an open ditch on the south side of the wheat field, this property
would drain into that ditch and then to 9th Street and then to Schilling
Road. When this property is developed, that will be the intent to get some
drainage on this property itself.
Mr. Anderson asked how many feet are you talking about before Schilling
Road and 9th Street going east when you are talking about three lanes and
four lanes?
Mr. Dudark stated it is about 1300' from 9th Street to the far edge of the
commercial tract.
Chairman Seaton asked if the applicant would care to make a comment? Please
state your name and affiliation.
John Peterson, 7300 College Boulevard, Overland Park, KS. I am appearing
today on behalf of the applicant, Mr. Russell Johnson. Also on behalf of
the applicant is Mr. Johnson himself, Leon Osbourn, the project engineer
who has been working on this project, Richard Leitz with the Wal-Mart
Corporation who is the general manager for real estate, and also Beth
Mathis who works with Matlock-Johnson, Mr. Johnson's development company.
We are not all planning on standing up and giving our separate speeches.
Given the thoroughness of the staff report and the comments given by Mr.
Dudark as he went through the site plan, we are very comfortable to
assumptuate and let the record speak for itself in terms of the intricacies
and details of the project. After I make a few remarks, there are brief
remarks I would like to make on two main topics, one dealing with the
background as to why we chose this site from a commercial business
standpoint and the second item, touching on a few of the items we tried to
implement into the project to work with the neighborhood and the folks
living adjacent to the area to try to minimize some of the impacts that
might be realized by a commercial development. For the record, I would
like to thank Mr. Dudark and his staff for the time and effort they put
into reviewing the application. I will tell you from the outset, he has
challenged us to reach to the highest standards in this project and that is
reflected in the commentary he gave to us today. Each of the individuals I
have introduced today have been involved in the process, legal issues,
engineering issues and operational issues. We have tried to work through
this to come up with an acceptable plan. I can say from my own standpoint,
this is as thorough a review we have been through. We have done similar
projects in other communities. 'There are two main points I want to touch
on. First, the fundamental question of why this particular site and
secondly, what features have we incorporated and what have we done to try
to minimize the impact. The question "why this site" is a pretty simple
one to answer. That is referencing what Mr. Dudark indicated with the
proposed improvements to Interstate 1-135 and Schilling Road interchange as
well as the improvements at Schilling Road and 9th Street. In our opinion,
this site is probably without question the prime commercial site in the
city of Salina and quite possibly one of the prime commercial sites in all
of north-central Kansas, particularly when you are talking about a regional
retail-oriented project. As you know and as was referenced, the Sam's Club
concept is regional in nature. By regional, we'mean it is designed and
intended to draw a customer base to the city of Salina from approximately a
100 mile radius. That has been the experience from other stores in other
locations. To work and to be a regional center and able to handle this
Salina City Planning Commission
July 7, 1992
Page 6
kind of draw and bring this kind of business and activity to Salina, access
to major highways and major thoroughfares and infrastructure is very
~ essential.~, As.I said, given the road improvements, we think this site is
tailor made for this type of use. Probably, in fact, even if we weren't
here today with this particular project with the infrastructure
improvements that are going to be done within 10 months if the contract is
let in August. The dye is probably cast for this particular site that it is
going to be used at some point for this type of regional draw. As Roy
referenced and is very accurately referenced in your proposed Comprehensive
Plan for the City of Salina, good sound land use principles suggest this
corner is a very logical location for a regional oriented center of this
kind. It could be suggested that the current Comprehensive Plan which
shows this as the county's Comprehensive Plan and maybe the city's as well
for residential use, given the infrastructure improvements, is probably a
little outdated and very doubtful that this site given that access and
location and the adjacent uses in the area, would ever be developed into
single-family homes all the way to the intersection. In reference to the
regional shopping area section of the new proposed Comprehensive Plan,
which specifically sites this location for a logical, good spot for a
regional-oriented facility. That is why we did it, it makes sense.
Obviously, we like to build good projects and work with the city but also
we like to be successful from a business standpoint. To us, this location
cries out that this is the kind of location you need for this kind of use.
We do understand that just because it is good for our business, we can not
just come in here and say we are going to plop something in and as long as
it takes care of us, everything is just fine. There are other important
considerations. Alot of those have been covered in Mr. Dudark's staff
commentary. If you accept the premise for a site suitable for a commercial
use, the next logical question is what can you do to minimize the negative
impact and there is going to be some either real or perceived impact to
some surrounding areas when you put a commercial development on a site,
particularly for non-commercial neighbors. We have attempted since we
brought this application to the City of Salina to work with the neighbors
and in particular the neighbors in the Key Acres II Addition which as you
all know, is the group of folks that live due north of this proposed site.
On May 19, Leon and I met with some 50 neighbors at a meeting that we asked
to be organized at Wyatt's Cafeteria at the mall. The purpose of that was
to start a dialogue. #1, we wanted to tell them what we are intending to
do. As I said, the first thing I said that night was if you are going to
disagree with me and be against me, at least let's be against me on the
facts and not the rumors. The second reason for that meeting of course was
to listen. What were the concerns, fears, suggestions and ideas that may
make this thing a little better. We did come up with some darn good
suggestions that night which we have incorporated into the plan as a result
of that meeting. The first one is additional landscaping on the northern
buffered section. We brought the landscaping around to the east and did
not just end it at the eastern-northern edge and the eastern end, we brought
it around and sorta curled it around so it finishes it off. One good
suggestion was, why don't you guys come in and do the landscaping area. One
thing Roy failed to mention was that landscaping area will be irrigated so
we will not have a situation where we plant them and go through a couple
days like today and they do not look so good. It will be irrigated so those
plants will be able to come to full fruition. The idea was why don't you
put that in first and then we will have the beginning of some buffer as you
move into the construction phase for the building. In order to do that, we
are going to make every commitment to do that if we can schedule it with the
contractors. We are very confident that we are going to be able to pull
that off and it will at least give the neighbors a little distance there
during the construction phase. We have redesigned the berm at their
suggestion and made it a little flatter and moved it a little farther away
from the property line so it is not sitting right on the neighbors property
line. Another key factor was the relocation of our loading dock. The
normal footprint for this building, the loading docks would have been on the
neighbors side. We have moved them around to the east side and brought the
access road in from the south side so we have that part of the operation as
far away from the neighbors as we can. The other good idea which we came up
with before we went to see the neighbors, in the normal footprint for this
building, the automotive part of the operation will be on the north side of
the building. We actually redesigned the building for this location and it
Salina City Planning Commission
July 7, 1992
Page 7
will now be on the south side. That activity will be as far away from the
neighbors as possible. Did we win everybody's support, ! would be surprised
if we did..I do not think we have had everybody's support in any of. these
applications I have made. We try. I think we have some ideas and attempted
to work with them. I am sure there are some folks who would like to see
this developed as a residential neighborhood. There are probably some if
they could not have that they would rather have it remain vacant and not be
there. The point is that it is not going to remain vacant. With the
infrastructure changes that are coming, this property is crying out to be a
commercial component of the city of Salina. We bring a very quality project
that brings that commercial business but at the same time is sensitive and
responds to the neighbors and puts any elements in there to soften it. The
other good thing this does, as Roy pointed out, to the south of Schilling
Road you have industrial uses planned by the county. We, even though it
is commercial, are kinda a buffering transition phasing down to that
industrial use between the neighborhood, retail commercial, light industrial
to heavy industrial. We have not taken any concerns lightly. We are going
with a balanced proposal. It is a good transition. We are ready to go. We
have an 18 month time of performance clause in the staff comments. If we
are fortunate to receive your support and the support of the City
Commission, we will be in here in a matter of days seeking our building
permit, assuming we have met all the requirements that have been set forth.
They would like to have this up and going by early next year. We are ready
to meet every requirement Mr. Dudark has so diligently set forth to us in
the staff comments which specifically state for the record that the
stipulations and conditions referenced #1 - 7 with the addition indicated so
there be one more island in the parking lot found on pages #10 and #11 in
the staff report. We accept those and we will meet all those requirements
if we are fortunate to receive the go ahead for this project. Thank you for
the oPportunity. I have engineering experts and business experts here to
answer any questions you might have.
Mr. Hardman asked what is the purpose of the cul-de-sac off Highland?
John Peterson stated that was an initial suggestion either by staff or by
the neighbors. I think staff wanted fire protection for the neighborhood.
They wanted a turn-around. We thought we would be happy to put it in and
landscape it and give them a little more flexibility.
Mr. Hardman asked if there will be no development around the cul-de-sac?
Is it just a turn-around?
Mr. Dudark stated that is right. It is to complete the street as it is a
pretty long stretch to the next street.
John Peterson stated there will be no access to the commercial site through
the cul-de-sac.
Mr. Morris asked if the corporation will be installing the signaling at the
entrance?
Mr. Dudark stated yes.
Mr. Morris asked how does that tie in with the signaling of the others.
Mr. Dudark stated I mentioned that we have a performance bond that Wal-Mart
has posted to provide for a signal here. That will be voided when this one
is installed.
Mr. Morris stated the main intersection at Schilling and 9th, when will the
signals be available for that?
Mr. Dudark stated probably this time next year or earlier.
Mr. Morris asked if it will be in concert with the whole project?
Mr. Dudark stated there will have to be quite'a bit of coordination in
terms of the operation of these and the timing. Work could be going
Salina City Planning Commission
July 7, 1992
Page 8
on-site while this is underway. Right now we do not know Where the major
contractor on the interchange is going to start.
Mr. Morris stated I would hate to see that be uncontrolled for an extended
period of time.
Mr. Dudark stated on the timing we may have to go to a four-way stop sign
until they put in the lights. We will have to work out alot of details
like that. You will not be able to get off of the ramps until this is an
operational interchange.
Chairman Seaton asked where is the material for the exterior? We only have
very small ones here.
John Peterson stated the actual design is a little different. This gives
you some idea of the quality of materials.
Leon Osbourn stated this will be split-face block on all four sides.
Chairman Seaton asked about the color.
Leon Osbourn stated it will be the grays and blues, typical of the Wal-Mart
across the street. This is the standard prototype you see here. There are
some variations from the site plan like on this drawing you see the loading
shown on the end where we have moved it around back.
John Peterson stated there is a color schedule on the right side of this.
Chairman Seaton stated on the front elevations there is a little area within
a window. What is that?
Leon Osbourn stated that is an awning that would be on the entrance. That
is shown in blues.
Chairman Seaton asked about the building height?
Leon Osbourn stated 35'.
Chairman Seaton asked how does that compare with the Wal-Mart across the
street?
Leon Osbourn stated 22' across the street so 10' to 15' higher. The range
is from 26' to 33'
Chairman Seaton asked if there are any interested persons who would like to
make a comment? Please state your name and address before you speak.
Mrs. Duckers departed at this time.
Hal McCain, 310 Gall Drive, stated several concerns we do have. One of the
concerns we have is the 20' area between the property lines and the berm.
While low lying land generally drains to the north, everybody's back yard
drains from their house to the south. The berm will be placed up there so
the water will not be able to drain any further south. The water normally
is flowing to the west. It will flow down to the cul-de-sac area. Our
question is where will that water go when it gets down to the cul-de-sac at
the end of Highland. Are we going to have standing water there?
Mr. Dudark stated this is the berm here. There will be a flat spot between
the berm and any fences that would be along the rear of those yards. It is
that area the gentlemen was asking about as it goes west into this cul-
de-sac.
Leon Osbourn stated right now Highland Drive does drain to the northeast.
We have not finalized our design on that cul-de-sac yet. One of the options
we do have is to tilt the cul-de-sac back and put in a storm drain down at
the cul-de-sac and dump it into the drainage in to the detention pond. We
have a drawing we prepared for the homeowners. Here would be a typical
section of a house to the north where we are holding this berm off far
enough so we can maintain some sort of a positive slope towards the west
towards the cul-de-sac. We are attempting to compensate for that.
Salina City Planning Commission
July 7, 1992
Page 9
Chairman Seaton asked if we are going to be accepting drainage on the
neighboring properties.
Leon Osbourn stated yes. What drains off of our berm that we have built up
plus what little come off it.
Hal McCain asked if you are going to have a storm sewer that will take that
water and put it into your holding pond?
Leon Osbourn stated we have not finalized the design on that yet.
Currently, this street and all the water does drain from the northeast from
our field elevations. We do have the option of tilting the cul-de-sac back
and letting the water run into here and through a storm drainage and inlet
pipe and into the detention pond.
Hal McCain stated I think we have the potential for standing water there.
I would certainly ask that the planning board put a stipulation or condition
that any acceptance that they would give that they would assure us that we
would not have a standing water area there.
Mr. Haworth asked if that determines the final plat approval?
Mr. Dudark stated it would be on any drainage issue such as a storm drain
or an outlet or inlet into that drainage pond. You are going to see that
final plat again. Perhaps Leon needs to work out the details to make a
final decision as to whether or not there is going to be an inlet into that
pond.
Mr. Haworth asked then what we are going on today typically does not cover
it?
Mr. Dudark stated we do not have the construction plans yet. We can safely
say that this site will be graded so the water will go to the west. Whether
or not it goes north down Highland as it now does or goes south to the pond
is the issue. It will not be ponded but will flow west.
Hal McCain stated the area is built from the back corner of their
development area on west'is not an even slope. There is a low spot on that
land is as much in the residential area. It comes at the end of Scott
Street. There is concern about them grading it and not using the natural
grade. There will have to be fillings done and matchings back to properties
to get that'water flow. The water will not flow all the way to Highland the
way it stands right now. There has to be provisions made to have the water
flow to the back of people's properties and not have any filling in on
anything higher than the back of the property, get the water collected in
one place and get it out of that area. Either that or have people put
ditches in their yards. The other concern is our holding ponds they are
talking about having the water flow off their developed area. To the east
of that area is a ridge. The water to the west of the ridge but east of the
development will flow into the developed area. Do we have enough holding
capacity to absorb the water from the 100 year rain in the holding pond that
comes off of the developed area? Now we have to take into consideration the
water that comes from the undeveloped area to the ridge on west. My
.question is how much capacity do we really have in those ponds for a rain?
If we can build a dam and not run the water from the ridge east of that land
into the developed, yes we would have the ideal size holding pond. If we
add the natural drain into the area to the east from the ridge on to the
developed area, my question is do we have adequate holding ponds to hold a
100 year rain?
Leon Osbourn stated using the city's criteria for designing the detention
pond which is called the rational method, it indicates we need the storage
of approximately 4.94 acre feet of water. This pond is going to be sized to
hold 13.7 acres of water. We are going to be 2~ times what is required.
That is based on 45 acres of runoff area. Mr. Dudark said we are probably
going to end up draining the front portion of the outlots, he is not aware
of that yet, into the street which will go into our ponds and will be able
to accommodate the additional ground to the east of this project. If we do
run a little low on'earth work or materials, Mr. Johnson is going to allow
us to do some regrading in that area to slope the ground so we can eliminate
some drainage.
Salina City Planning Commission
July 7, 1992
Page 10
Mr. Kline asked how deep is that pond?
- Leon Osbourn stated it will be approximately 7' deep ~in the middle. It
will maintain approximately a 1% slope from each end around so we can make
sure we have positive drainage for ponding water.
Hal McCain stated the other concern is Phase II of the construction. The
people of Salina or our neighborhood feel a little bit betrayed in that we
made our investments in homes with the belief that this area would be
continued out as a residential area. Now we say that a change has come
about and we are going to look at this area as being a commercial area. We
talked about the area to the east which they mentioned on their drawing as
Phase II. They say our intent is to make it residential yet this area is in
high demand for commercial use. The reason that land has not been developed
previously is due to the drainage problems and the expense of creating
surface drainage that is required to meet city standards. I feel Phase II
needs to be looked at to see that that is not an orphan piece of property
that is not economically feasible to develop this as a residential area and
to take a look and ask what are the plans for that. Is this going to be a
situation where we wait a few more years and say the demand is there, now we
are going to sock another commercial development into your neighborhood.
That is what past history would make us believe.
Chairman Seaton asked where does Phase II begin?
Mr. Dudark stated it starts at the rear of the commercial aare and goes to
the railroad track which is a 30 acre tract. My response to that would be
the plan you are considering that we will be looking at later in the meeting
designates this as single-family low-density housing. Unless a plan can be
submitted that can resolve the drainage problem on this tract, it will
probably stay in wheat. I do not see commercial development of this area.
Chairman Seaton asked if the proposed Comprehensive Plan zones this as
residential?
Mr. Dudark stated low-density single-family housing.
Hal McCain stated the question is the drainage there to do that to make it
a realistic plan in an economically feasible way so that a contractor could
afford to build a home?
Mr. Dudark stated maybe you can see. This is where the commercial line
would be. This is the 30 acre tract that is Phase II. The concept plan is
to have a looped street system that would be the circulation from the north
around through the project and out to Schilling Road with single-family
lots. Here is the base flood elevation of the flood plain. There is a low
area here between this area and the railroad tracks. We met with some
local residential developers about this area. The preliminary concept
would be to have a drainage retention pond in this low area and intercept
the water from this project and pump it south to the south side of
Schilling Road to drain west like this is doing. Whether or not that is
feasible or not somebody has to decide, the cost of the pump and pumping
and the price of the lots and so forth. If it is not feasible, it stays as
an agricultural tract. I do not see any other alternative. Some people
want it to stay as an agricultural tract and are keeping their fingers
crossed that it is not feasible to be built with housing. Our position is
you have to solve the drainage problem in order to develop it into housing.
We do not see it as any commercial use.
Hal McCain stated it is just like we have to solve the drainage problem to
develop it into housing for 14 years as we sit there and now we don't and
the only way it is developed is when a high dollar commercial development
comes in. Our fear is that we will see the same thing happen to the
remaining 30 acres. The other question is will refrigerated trucks be
allowed to stay running over night at that site in terms of noise?
Richard Leitz stated I am the real estate manager for this project with
Wal-Mart in Bentonville, AR. We receive in a Sam's Club deliveries
directly from wholesalers, all kinds of distributors and wholesalers, they
are not just identical to the delivery we receive across the street which
Salina City Planning Commission
July 7, 1992
Page 11
are restricted to just our Wal-Mart deliveries. We will be receiving
refrigerated truck deliveries. We do stock during the night, after hours.
To answer your question~specifically whether,or not we will be receiving
refrigerated trucks after hours, I do not know. I do not have the answer
for that. Our hours in Sam's vary. We do alot of receiving of merchandise
and stocking in the early morning hours because during the morning as we are
not open until about 11:00 in the morning many days and that is to our
wholesale customers. That is a difficult question I am not sure I can
answer that.
Leon Osbourn stated that is why we put the loading dock back away from
the neighborhood and the access on that side. It would ormly make sense if
they were going to park there for a while, they would park on the south
side where there is access to the loading dock.
Hal McCain stated that is not very many feet from the actual houses when
you look at it.
Mr. Morris asked if the 200' is the depth of the pond?
John Peterson stated it actually is from the neighbors property line to the
building 256'.
Mr. Morris asked what is the L-shape out?
John Peterson stated building plus you have a second row of landscaping
there.
Mr. Morris asked if the trucks were there where would they be?
Richard Leitz stated the trucks are actually designed to come in off
Schilling Road, turn around and back into the dock. They will not be going
on the north side of the building at all.
Mr. Morris stated if they were running creating noise, it will be absorbed
somewhat by that L-shaped building and the fact that they are 300' or 400'
away.
John Peterson stated that is why we proposed the second tier of landscaping
which tends to absorb the noise as well.
Hal McCain asked how far apart are the trees?
Leon Osbourn stated staff recommends it be 30' ultimate.
Mr. Dudark stated because of the staggeredness, you get 15' and then the
spread on either side of 7½' so you get the solid effect.
Hal McCain asked approximately what diameter will they be when they are put
in?
Leon Osbourn stated generally we try to plant them 4' to 5' high. Diameter
wise I am not a landscape architect.
Hal McCain stated that would be 2' or 3' so you are talking about a 25'
space between the trees.
Mr. Dudark stated our requirements are that they reach a height of 6' in
three growing seasons. You have to put them in small to have a success
rate rather than putting in the larger trees.
Mr. Morris asked if that area is going to be irrigated.
Mr. Dudark stated yes.
Hal McCain stated one other concern is the trash compactor which is located
on the north side of the building where the garbage trucks and the noisy
trash compactor, whether that could be moved to another location. I
Salina City Planning Commission
July 7, 1992
Page 12
believe when we met it was indicated that you would do that.
John Peterson stated that issue was raised during our initial meeting and
we indicated that we would attempt to move it. The design considerations
showed we could flip the automotive center and the loading dock but we just
can not move that trash compactor.
Richard Leitz stated I called our Wal-Mart store manager today and asked
her what the frequency of usage was on that in terms of dumping it. Right
now it is once a week over at the Wal-Mart store. I do not believe the
usage would be too much dissimilar to what we are doing with our Wal-Mart
right now.
Mr. Morris asked what the time frame is on that?
Richard Leitz stated once weekly during business hours because it is a
commercial carrier that comes and picks it up.
John Peterson stated it would be about as frequent as a trash truck comes
to the neighborhood.
Roberta Johannes, 306 Gall, stated I do not believe I have heard the
lighting addressed by Roy Dudark or anyone. What about the lighting?
Leon Osbourn stated Gardco. It would be identical to the lighting that is
on the existing Wal-Mart store.
Roberta Johannes asked will it come into our back yard? Is that what you
are telling me?
Leon Osbourn stated the pole placement and the shadow cast by the typical
Wal-Mart lights is about 185' so no it would not because the first tier of
lights is one row off the north line of the parking lot.
John Peterson stated it.is in excess of 256' on the north edge of the
building.
Roberta Johannes asked so that is not direct lighting? Correct? Do you
not use direct lighting closer than our neighborhood?
John Peterson stated it is shielded source lighting that is directed down
instead of illuminating up and out.
Roberta Johannes stated so it is direct lighting then?
John Peterson stated yes Mam.
Roberta Johannes stated first I got a no and now I got a yes.
Richard Leitz stated if you look at the lighting over on the Wal-Mart
parking lot, I do not call that direct lighting. I call that lighting that
has an angular cast to it. What we can do and we do this when we are
adjacent to neighborhoods many times is take the row of lights that would
be the northern-most row since there is a concern that the light would be
cast too far to the north we can do direct lighting in that row of lights so
the lights shine directly down. We do that many times and we would be very
willing to do that.
Roberta Johannes asked are you going to do that?
Richard Leitz stated yes Mam.
Roberta Johannes stated I have not heard whether you are going to sod this
berm or just put in seed. If you put in seed in this berm and we get a
hard rain, it is going to be washed out before you even get started. Could
you sod the berm.
Leon Osbourn stated we generally seed and have a pretty good successful
growing rate. Our typical landscape contractor has a three year warranty
on all erosion and trees.
Salina City Planning Commission
July 7, 1992
Page 13
Roberta Johannes stated if you get a hard rain right after you seed, are
you going to come back in and reseed it?
Richard Leitz stated the slope on the berm will be 4 - 1. He looked at the
cross-section on the berm. Is that correct as far as the slope on the berm?
Leon Osbourn stated yes.
Richard Leitz stated our goal is to see that grass grows and grass is
established. When we set to contract this out, it will be with the
understanding that there will be a stand of grass there. If for whatever
reason, grass can not grow and I believe it can, we are not talking about a
steepish slope, it is a 4 - 1 slope, we are not talking about a severe
slope, we would be willing to sod it if necessary. I do not personally
believe it is going to be necessary.
Roberta Johannes asked so if the grass will not grow, you will sod it?
Richard Leitz stated yes.
Roberta Johannes asked are these in the minutes? I am just curious if the
commission would like to see some pictures of a flood out in our neighbor-
hood in 1977 just to show you how it really floods out there. Coronado
School was completely flooded and this comes right from that direction.
Mr. Morris asked if that is east or west of the railroad?
Roberta Johannes stated it is west of the railroad. It just floods all
over. The drainage is a big problem out there.
Mr. Dudark stated that photograph is this area here which is the 30 acres
to the east of this tract and that is a 100 year flood plain line.
Roberta Johannes stated thewater comes all the way down.
Mr. Dudark stated I do not believe that photograph shows the water over
here.
Roberta Johannes stated it does on the other end.
Mr. Dudark stated I believe it is primarily in this low spot and also to
the east of this area.
Hal McCain stated this would show the area of Scott. Gall Drive was not
built as I understand it. That is east of the tracks there.
Chairman Seaton stated the applicant is responsible for the drainage and
all the water created by its development. It is my understanding that the
engineering department is satisfied at this point with the sizing. Is that
so?
Mr. Dudark stated they are looking at the revised drainage study.
Mr. Morris stated the two numbers we heard was a capacity of 13 with 4.g
acres needed.
Leon Osbourn stated 23 times, depending on the final drawing.
Roberta Johannes stated I would like to mention one more thing. If anyone
will go back behind Wal-Mart and look at their detention pond they are
going to see cattails so there has to be water and dirt and everything. We
have little children in our community. With the mosquitos and all this, we
do not want that. How can you guarantee that we are not going to have a
mess in our back yard?
John Peterson stated only during a period of rain and during the time we
pump that water out will there be moisture in the 'area, other than that it
will be dry.
Salina City Planntng Commission
July 7, 1992
Page 14
Robertta Johannes asked how can the cattails grow then?
John .Peterson stated there will be water there to irrigate of course;just
as you water your yard.
Mr. Morris stated Ms. Johannes is talking about the Wal-Mart.
Leon Osbourn stated we are currently looking at that project. I have not
gotten into that project yet but I have a feeling we are going to find at
the bottom of that detention pond is dried up water.
Mr. Dudark stated it is alot deeper than 7'
Chairman Seaton asked if there are other members of the public who would
care to make a comment?
Mike Scanlan, 213 Gall, stated I wanted to bring some pictures up. These
are pictures of the Wal-Mart. Dare I say pond, it is like a detention
swamp. Water is probably 1' to 2' deep in there. As you can see the
cattails are 6' to 8' This is going to be a natural draw for all the kids
in the neighborhood, insects and rodents. I have not heard anything about
what are they going to do if that happens? On the corner of this project
is a KP&L substation. What would happen if that thing is 1' under water?
I wanted to address the question, what if a kid drowned in this thing? Who
is going to be responsible? How about the basements flooding? Sam's is
going to put their project in here and then it is going to be hand's off.
They are not going to be responsible for anything. How can we hold them to
their promises?
Chairman Seaton asked what the city's role is in surveiling?
Mr. Dudark stated the pond itself is 7' deep. That is relatively shallow
at the lowest point. It is our belief that there will not be standing
water because of the shallowness of the pond. I do not think it will be a
problem for insects. There will be a maintenance agreement with the city
and with the owner of this lot that they will have to maintain that. That
requires emptying that if it is a harbor or breeding area, a nuisance,
there will be remedies to do that. Because of the shallowness, it will be
a grassy area. You might think of the Central Mall pond. We have not had
any complaints about that pond and it is a relatively large pond as well as
holding water or creating a nuisance for children, etc. People have to be
responsible for their children and this area will only be a danger when
there is a flood or it is raining, otherwise it is just going to be a grass
area.
Mike Scanlan asked what if they do not keep their promises? What can we do
to enforce them?
Mr. Dudark stated make a complaint to the city. We will investigate the
complaint and see if there is anything there that they are not adequately
maintaining or carrying their end of the bargain.
Mike Scanlan stated in essence we have to sue them?
Mr. Dudark stated no. The city will take that complaint, if there are
findings made that they have not fulfilled their obligations, the city will
enter the scene and request them to comply with those requirements.
Mike Scanlan asked just request that they comply?
Mr. Dudark stated that is what we typically do and then if they do not
comply we will take them to court.
Char Chapman, Chamber of Commerce Economic Development, stated we have
visited several times with Sam's and Russell Johnson, the developer. We do
support the project. We feel it is good for Salina. IT is a gogd way to
develop the regional trade. We feel like they have gone and met all the
neighbors request as far as we have heard and we are real pleased to see
them come to Sa)ina.
Salina City Planning Commission
July 7, 1992
Page 15
Matt Wagonner, Earthcare Services, stated I have a couple questions. What
guarantee does the city have that the landscaping and material and all the
.stuff that lis going to.be put in is going to be maintained and seen to it
that it does reach 6 - 7' in height? We all know that plants are perishable
items. I hate to bring up this point but I am going to. Wal-Mart store
across the street which I am a neighbor to, 60% to 70% of the original
plants put in that project which were a condition of them being able to
build as I understand, are dead. The trees were not replaced. After the
city instructed them to replace them, they actually took trees out of their
inventory and put out Weeping Willows, Purple Leaf Plums instead of 15'
Green Lindens that were required. I would also like to tell them yes you
had a three year contract on that project for maintenance. Myself and
another gentlemen in this room I believe bid the project, the landscape
contract never set foot on that site one time. I can tell you that for a
fact because I am next door. There are still trees that have not been
replaced all along the west side of Wal-Mart between itself and the
interstate were never replaced. Several trees out in the median were never
replaced. There is irrigation system on that property. I have seen it run
twice. It is in dire need of repair. There are heads shooting up that are
off in the parking lot. It is not taken care of. The city needs some kind
of enforcement or guarantee that those requirements will be done or all this
buffering and all these trees they are going to plant is a waste of time.
Mr. Dudark stated I do not disagree with Mr. Wagonner's comments. The city
staff is very disappointed with Wal-Mart's landscaping performance over
there. We have contacted them and they have not done the job. They are
coming before us in two weeks. We want to see a little more response to
that problem and some additional landscaping too plus the follow-up has not
been adequate.
Kathy Cohlmer, Route 1, Minneapolis, KS, stated in case you are wondering
why someone from Minneapolis at a Salina meeting is because this thing will
have a huge impact on my. town so I feel I have a right to be here. The man
from Kansas City talked about impact on surrounding properties. That is
all we have been talking about the immediate surrounding property. He also
said that the only way the whole premise of Sam's being here depends on
drawing business, drawing customers from a 100 mile radius. What that
translates into in real life terms, is the profitability of Sam's depends
on bankrupting businesses for a 100 mile radius. You all know that is
true. The reason I think you should care about it, number #1 probably and
for sure most of the people in Salina have relatives out in that area and I
want you to think about what that is going to do to their quality of life.
Bennington 10 miles north of here lost their grocery store and drug store
because of places like Food-4-Less and Gibsons in Salina which is nothing
like Sam's. You can not buy a roll of toilet paper anywhere in Bennington.
The nearest roll of toilet paper for sale is 10 miles away. You just think
about how you would feel if the nearest roll of toilet paper was 10 miles
away. This is your relatives and friends out there who are going to be
affected by this kind of thing. Another thing, even the business that will
not be bankrupted will be hurt real badly. In Minneapolis alot of the
county fair activities and 4-H activities, the Girl Scouts, the Boy Scouts,
the 3rd grade class plays and the senior graduation parties and all this are
funded by sponsorships from local businesses. Those businesses are
struggling to survive. Their profit margins have gotten lower and lower in
the last 10 years, They try to set a little aside to help support things in
their community. If they get hurt much more there is not going to be any
profit margin left. That does a subtle effect that is not reflected in
alot of the statistics. What happens to the quality of education that our
kids get. What happens to the extra-curricular activities and the county
fairs that mean so much to us and to our families if we can not have those
any longer because there is not the spare change to even fund them. I want
you to think about that and I want you to think about what it is going to
mean in terms of jobs. This is where it comes back to Salina. It will
affect Salina. We have heard alot of talk today about Salina being a
regional trade center. Regional trade center implies there is a region you
serve. That means there are people you serve. Sam's is going to employ
some people but the net effect is going to be a'loss of jobs in the whole
entire surrounding region. That means a net migration of people out of this
Salina City Planning Commission
July 7, 1992
Page 16
region. You have seen the figures. Ottawa County has lost half of its
population. Rice County and McPherson County and all these other counties
around this area. You can look at the statistics and the population is
going down, down, down. What I want you to think about as Salinan's is how
low is the population in north-central Kansas going to get before being a
regional trade center does not mean too much any more. You can kinda think
about a tree. Salina is the tree trunk and all the surrounding region are
the branches. You can lop off a little branch here and a little branch
there but if you lop all those branches eventually the tree is going to die.
It may not come back to hit Salina in the next 5 years or even the next 10
but eventually it will. I am not trying to imply I think anybody is
intentionally doing anything bad here. I think you all are people of good
will and I think you probably would not even consider this whole Sam's deal
if it were not for these two myths that almost everybody in America
believes. One is the free market is there is an invisible hand and you do
not have any control but there are far off economic forces somewhere that we
can not do anything about but economies are made up of people and people
make choices. If we do not like Salina going from 6 mills operating down to
1 or going from 10 grocery stores down to 3 which is probably going to
happen as I do not think Ashton's is going to stay here long once Sam's
comes in, if we do not like that we can stop that. We do not have to take
that lying down. If we do not like the way things are going we can change
that. Another big myth is we can not stop progress. First of all I want to
question whether it is progress to see a few places or a feb corporations
getting bigger and bigger and merging more and more little companies and
getting more and more consolidated while the rest of us are getting poorer
and poorer. You see people in places like Minneapolis that can not make a
living anymore with their rural businesses coming down to Salina and getting
jobs flipping hamburgers at the truck stop. I do not think that is
progress. The second part of that is Yes, we can stop that trend if we do
not like it. That is what you people are here for is to make these big
decisions and take the responsibility. You have the power to do that. If
there was a business that wanted to come to Salina and their purpose was to
harm black people or to harm women, you would not allow it. We have a
business whose purpose is to harm rural people. There is alot of
discrimination in this country against rural people. We are only, farmers
are 2% of the population. Rural people are maybe 20% I think. There is
alot of discrimination against us. We will allow those kinds of behaviors
even though it is real harmful. Another thing that interests me is I do not
think Sam Walton was a greedy guy. He ran around in his $70 suit and drove
his old car. I do not think that the money meant that much to him. I think
it was'a big game and challenge. We do not like to say no to people's
rights to have fun and games but when it starts infringing on other people's
rights we have to do something about it. There were some teenager's or
young men in Salina a few months ago that thought it was lots of fun to
drive around the neighborhood and shoot at houses. They just thought that
was loads of fun. A big challenge, evading the law, all this stuff. We did
not allow that. We do not allow things to hurt people. We have some choice
here. If you look through your history books every civilization that gave
up on the ideal of taking care of its own and became oriented around the
sole principal of greed disintegrated pretty quickly. You can go back to
the Roman empire and before that. American is kinda disintegrating. Even
Salina which did not use to have the crime problems and the traffic problems
and what not looks like it is disintegrating a little. I think we need to
put our foot down and say no, time to reverse this trend a little. I just
want to close with one of my favorite quotes from the great Irish statesman,
Edmond Burke, he said "All that is necessary for the forces of evil to win
the world is for good people to do nothing". I am asking you to do
something and deny this application.
Mike Scanlan stated not only is this going to hurt Salina businesses but
Sam's is going to extract millions of dollars from the Salina community and
it is going to go to Bentonville Arkansas to help finance the undermining
of other small towns across the country. We already have two malls in
Salina that are 2/3 empty. Is this really feasible to add this now? Will
this be another empty building in 8 or 10 years?
Char Chapman stated I think we probably need to consider some of the things
that have been said in the last couple statements but also I think you need
Salina City Planning Commission
July 7, 1992
Page 17
to look at the positive sides for the rural communities. This can make
some of those small businesses become more viable because of the things
they can purchase and take home and sell to their people back in their
small communities. The concept of the buying and the way that Sam's has it
set up with their membership program, will probably not encourage alot of
individual memberships as much as it does businesses, schools, and things
like that. Those are the things you need to look at. I am sure they can
address that alot better than I can because it is not just a typical
wholesale Wal-Mart where they are open to the public. It is a membership
and there are certain criteria that need to be met in order to shop there.
I would like that to be considered too.
Kathy Cohlmer stated I met last night with some people from Topeka. One of
the women who is a State employee told me not long ago she and all the
people in her office walked into work one morning to find complimentary
Sam's Club membership cards on their desks to all the individual employees.
Take it with a grain of salt.
Chairman Seaton asked if there were any more comments. There being none, I
would like to bring it back to the conmission for further discussion and
action. Thank all of you here for appearing before us today.
Mr. McCoach stated there are several good points that have been raised here
by the neighbors and the surrounding residents of this proposed site. On
Wal-Mart the applicant has tried to address those issues and it probably
could be looked upon that they would try to address the small items the
next time.
MOTION: I would move that we would recommend to the City Commission that the
rezoning application #Z92-8 be approved subject to the satisfaction of
staff's 7 conditions and that this project is conducive to the character to
the neighborhood, is suitable for the site and there is adequate public
facilities and-services available.
SECOND: Mr. Anderson seconded the motion.
Mr. Haworth asked what about the down lights. Does that need to be
mentioned at this time on the north side?
Mr. Dudark stated I heard a commitment to do that. I think that is going
to be done.
Mr. Morris stated we get accused of not listening. I heard the lady from
Minneapolis. We as a commission can not dictate the buying habits of
residents in Minneapolis or be responsible for the success or failure of
locally-owned businesses. If they chose to shop at other places there is
not a thing we can do about that. I try to shop not necessarily always
where I can get the best price but where people are involved and local
ownership. I try to support that and the businesses downtown. They are
important to the community and deserve the support of the community but not
to the detriment of others that are also in the business.
Mr. Haworth stated I feel like as a planning commissioner my duty is trying
to look at what is best for that property by means of planning that property
being commercially zoned, residentially zoned or whatever. As a builder, I
see another development come up that I feel is best suited for residential
zoning, I can not stop that because it is in competition with me. It is a
development that is best for that location and something I would approve. I
view that the same as with this. It has to be something we have to look at
the same as with the Planning Commission. That is how I look at it.
VOTE: The vote was unanimous in favor of the motion (8-0). Motion carried.
#3. Application #P92-2, filed by Russell Johnson.
Mr. Andrew stated we have talked alot about the basic concept for this site
and the preliminary plat and the plat itself gets down into the detail.
The public infrastructure needed to support this kind of development. On