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5.2 Vacate Restricted Access Lundberg Addition CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE 05/12/2008 TIME 4:00 P.M. AGENDA SECTION NO: ORIGINATING DEPARTMENT: APPROVED FOR AGENDA: 5 ITEM NO. Page 1 DEVELOPMENT SERVICES PLANNING 2 BY: BY: Dean Andrew ITEM: Ordinance No. 08-10449 Public hearing and report on Petition No. 4305, filed by the Virgil E. Lundberg and Dorothy E. Lundberg Trust No.2, requesting vacation of 199.36 ft. of platted restricted access along the west side of Lot One (1), Block One (1) of the Lundberg Addition to the City of Salina, Kansas. BACKGROUND: A final plat of the Lundberg Addition, a 15.45 acre tract of land located at the northwest corner of Cloud and Ohio, was approved on April 6, 1982 subject to the condition that design plans for the required detention pond on Lot 2 must be approved prior to issuance of building permits. A Conditional Use Permit and building permit for the Emmanuel Foursquare Church (now Emmanuel Christian Center) on the South 325 ft. of Lot 2 was approved in 1990. When this site was originally platted all of Lot 2 was designated as a drainage easement. The drainage easement was released on the South 325 ft. of Lot 2 and a storm water detention basin designed to accommodate runoff from the church site was constructed on the remainder of Lot 2. Lot 1 has remained vacant and undeveloped since it was platted and zoned in 1982. The original planned street access to this site was from Cloud Street on the south and Claflin Avenue on the north. Except for the West 150 ft. which remained in place, Claflin Avenue has now been vacated east of Ohio Street. As noted, the West 150 ft. of Claflin Avenue is still a platted public street and the expectation at the time of plat approval was that Claflin Avenue would be extended eastward to provide street access to Lot 1. There is platted access control along the entire Ohio Street frontage of Lot 1. A break-in-access would have to be approved by the City Commission to construct any type of driveway opening on Ohio Street. The primary reason that access control was placed along the entire Ohio Street frontage of Lot 1 is that there was no specific plan for development of Lot 1 when it was platted. Lot 1 contains 10.2 acres and is zoned C-3 (Shipping Center) district. It was not clear at the time whether it would be a grocery store site, multi-family apartments or an office park. Therefore consideration of access to Ohio Street was put off until there was a plan for the development of the property. Purpose of Petition Compro Realty is marketing and proposing to develop an office park at the northeast corner of Cloud and Ohio. At full build out the proposed office park would occupy all of Lot 1. Lot 1 has 740 ft. of frontage on Cloud Street and 599.36 ft. of frontage on South Ohio Street between Cloud on the south and Claflin Avenue on the north. Access to Lot 1 would be available at the Claflin Avenue intersection with Ohio Street and from driveways on Cloud Street. However, the applicant's engineer has also been working on a location and design for a well placed entrance drive on Ohio Street. His design calls for a two-way driveway that would accommodate all turning movements. A very conceptual development plan for the property is enclosed. CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE 05/12/2008 TIME 4:00 P.M. AGENDA SECTION NO: ORIGINATING DEPARTMENT: APPROVED FOR AGENDA: 5 DEVELOPMENT SERVICES ITEM PLANNING NO. 2 BY: Page 2 BY: Dean Andrew The Lundberg Trust has filed this petition because with the restricted access currently in place, a driveway on Ohio Street would not be permitted. The process for requesting a break in platted access control is the same statutory process used for requesting the vacation of an easement or alley and requires public notice and a hearing. Staff Comments/Analvsis The rationale for requiring restricted access on arterial streets is to minimize the number of curb cuts and turning points along those streets to maintain traffic flow and reduce accident associated with turning movements (particularly left turn movements) into and out of individual properties. Ohio Street carries between 20,000 and 22,000 vehicles per day between Cloud and Republic. The portion of Ohio Street between McAdams and Cloud has platted access control on the east side of the street which has limited the number of individual driveway curb cuts. The west side does not and the west side of Ohio has numerous individual driveways. Where there is access control, the City's policy has been to encourage lots facing arterials to obtain access from the nearest available side street where possible (for example Statcare). FISCAL NOTE: There would be no fiscal impact on the City of Salina. The developer's contractor would be responsible for the cost of constructing the curb cut / driveway entrance to city standards. RECOMMENDED ACTION: Staff is supportive of a single, well placed driveway entrance within the area requested for vacation. Therefore, it is recommended that the City Commission approve the ordinance allowing vacation of the platted restricted access along the west side of Lot One (1), Block One (1) of the Lundberg Addition as requested subject to the following conditions: 1. One (1) Forty-five (45) foot driveway with a center median may be constructed within this one hundred ninety-nine and thirty-six hundredths (199.36) foot access opening on Ohio Street. 2. The final driveway location shall be no closer than two hundred (200 feet) from Cloud Street or two hundred (200) feet from Claflin Avenue. 3. The final design, including curb radius, center median location, pavement markings and directional signage, shall be reviewed and approved by the City Engineer prior to issuance of a driveway perm it. If the petitioner's request is approved on 151 reading, 2nd reading would be scheduled for May 19, 2008. CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE 05/12/2008 TIME 4:00 P.M. AGENDA SECTION ORIGINATING DEPARTMENT: APPROVED FOR NO: 5 AGENDA: DEVELOPMENT SERVICES ITEM PLANNING NO. 2 BY: Page 3 BY: Dean Andrew Encl: Petition Final plat with restricted access markings Conceptual site plan Ordinance No. 08-10449 cc: Jeff Maes, Com Pro Realty Jeff Gillam, Architect DO NOT WRITE IN THIS SPACE PETITION NUMBER ~?iXJ TO: THE GOVERNING BODY City of Salina, Kansas City Clerk's Offic Filed '08 f1PR 11 Afl11:09 We, the undersigned, being residents and property owners in the City of Salina, Kansas, do hereby petition your honorable body for: vacation of 199.36 ft. of platted restricted access along the Ohio Street frontage of Lot One (1) One (1) of the Lundberg Addition to the City of Salina, Kansas for the purpose of allowing a sil wide driveway opening to be located no closer than 200 ft. from Cloud Street and no closer thi ft. from Claflin Avenue. Respectfully submitted by: ComPro Realty Telephone Number: 493-8500 NAME ADDRESS Virqil E. Lundberq and Dorothy E. Lundberq Trust No.1 dated December 31, 1989 ..4'.1 4t/..'-k ;idnev{ Reitz, Tru~e 119 W. Iron, Salina, KS 67401 / I ./1~2 ~rtiS G. s~emers, Trustee 119 W. Iron, Salina, KS 67401 PLF - 074,4/8/2008 H POE & ASSOCIATES. INC. 5940 E. Central, Suite 200 Wichita, Kansas 67208 CONSULTING ENGINEERS (316) 685-4114 FAX: (316) 685-4444 March 25,2008 Mr. Dean Andrews City of Salina 300 West Ash P. O. Box 736 Salina, KS 67402-0736 RE: Lot 1, Block 1, Lundberg Addition Salina, Kansas ACCESS VACATION Dear Mr. Andrews: Transmitted herewith is a signed petition to vacate a portion of the access control on said west line of said Lot 1 to allow one 45 foot major opening to Ohio Street at a location subject to approval of the city traffic engineer. Also included is a copy of the survey for the property showing the access control that is being requested. This request for the opening is being made to allow better circulation into and out of the site not only for consumers but also for emergency access. 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