7.1 Zone Wal-Mart Subdiv CITY OF SALINA
REQUEST FOR COMMI SS ION ACTION DATE TIME
5/22/89 q:OO P.M.
AGENDA SECTION: Development ORIGINATING DEPARTMENT: APPROVED FOR
NO. 7 COMMUNITY DEVELOPMENT AGENDA:
Planning Division
NO. 1 Roy Dudark
BY: BY:
Item
Application #Z89-6, filed by Wal-Mart, Inc., requesting rezoning to PC-3
(Planned Commercial Shopping Center) District on a 21.069 acre tract of land
legally described as the Southeast Quarter of Section 35, Township 14 South,
Range 3 West of the 6th P.M. in Saline County, Kansas {aka Northwest corner of
intersection of Schilling Road and Ninth Street).
Background
The Salina Planning Commission conducted the initial public hearing on this
application on April 18, 1989. This hearing was continued to May 2 in order
to consider an amended application from standard C-3 commercial zoning to PC-3
planned commercial zoning which encompasses a site development plan approval
process. On May 2, 1989, it was determined that additional right-of-way was
needed for the 1-135 and Schilling Road interchange project. Therefore, the
application was postponed until May 16, 1989, at which time the hearing was
reopened and revised site development plans were considered.
Information
The current site development plan proposes a 114,000 sq. ft. Wal-Mart store
with potential for a future 30,000 sq. ft. expansion plus two outlots for
separate retail commercial businesses. Maximum combined building ground floor
area would be approximately 173,000 sq. ft. {4.0 acres) on a. total site of 21
acres. Remaining land area would be used for off-street parking, street
rights-of-way, drainage retention ponding and landscaped open space. The
revised site plan provides sufficient area for the 1-135/Schilling intersection
and roadway widening project.
Following questions and comments at the final public hearing on May 16, the
Planning Commission approved a motion {7-1) to recommend that the amended
application for PC-3 zoning be approved subject to the following conditions:
COMMISSION ACTION
MOTION BY SECOND BY
TO:
CITY OF SALINA
REQUEST FoR COMMI SS I ON ACT ION DATE TIME
5/22/89 P.M.
!AGENDA SECTION: ORIGINATING DEPARTMENT: APPROVED FOR
NO. COMMUNITY DEVELOPMENT AGENDA:
Planning Division
NO. Roy Dudark
BY: BY:
Page 2
1. Development shall be ih 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 unless exempted by the City
Commission.
2. A building permit for the Wal-Mart store shall be applied for within
18 months of approval or the approved development plan shall become
null and void and the zoning shall revert to its former
classification. If this condition is met, site development plans may
be submitted for the outlots. Such plans shall be approved by the
Planning Commission prior to issuance of a building Permit.
3. Permitted and conditional uses shall be limited to those proscribed
in the C-3 regulations, unless certain uses are deleted by the city
commission.
4. Signage on the site shall comply with C-3 regulations, except that
Sign No. I at the main entrance on 9th Street shall have a maximum
area of 700 sq. ft. on one sign face and Sign no. 2 at the Schilling
Road entrance shall have a maximum area of 350 sq.ft, on one sign
face. No more than one (1) ground/pole sign shall be erected on each
outlot.
5. The landscape plan shall be amended to show installation of a
deciduous tree, at least 20 ft. in height at maturity on one-half
(1/2) of the 24 proposed islands at the end of the parking bays, 5
trees and 10 shrubs in the space immediately north of the loading
area entrance drive and landscaping along the west side of the site
in a manner similar to the loading area entrance drive.
CONI~IlSS ION ACTION
MOTI ON BY . .. SECOND BY
TO:
CITY OF SALINA
REQUEST FOR COMMISSION ACTION DATE TIME
5/22/89 P.N.
AGENDA SECTION: ORIGINATING DEPARTMENT: APPROVED FOR
NO. C~MMUNITY DEVELOPMENT AGENDA:
Planning Division
ITEM Roy Dudark
NO.
BY: BY:
Page 3
6. The site plan shall be amended to show a standard design acceleration
lane for the northbound movement at the main entrance on 9th Street.
7. 'The site plan shal) be amended to show installation of a sidewalk
along the interior or building side of the frontage road.
8. The owner and/or developer shall be responsible for the installation
of traffic signals and a median break at the intersection of 9th
Street and the main entrance to the development. The traffic signals
shall be installed prior to the issuance of a certificate of
occupancy or in the alternative, binding legal assurances shall be
provided in the form of an escrow fund, irrevocable letter of .credit
or performance bond (in an amount sufficient to meet the city
engineer's cost 8stimate plus 20% for contingencies) payable to the
· City and valid for a period of five (5) years following the issuance
of a certificate of occupancy. Signalization of the intersection
will be considered when and if a warrant is met in accordance with
the "Manual on Uniform Traffic Control Devices". In the event a
signal is not under contract within five (5) years, the legal
assurances shall be released by the city.
9. A site development plan complying with the approved final plat and
containing all revisions and amendments herein and as required by the
City CommiSsion shall be submitted to the zoning administrator prior
to application for a building permit.
Recommended Action
If the City Commission concurs in the recommendation of the Planning
Commission, the attached ordinance should be placed on first reading. The
protest petition deadline for this application is May 30. Second reading
would be scheduled for consideration in conjunction with the final plat, as
the property is presently unplatted.
CO¢,4MISSION ACTION
MOTION BY SECOND BY
TO:
CITY OF SALINA
REQUEST FOR COMMISSION ACTION DATE TIME
5/22/89 P.M.
!AGENDA SECTION: ORIGINATING DEPART)4ENT: APPROVED FOR
NO' COMMUNITY DEVELOPMENT AGENDA:
Planning Division
NO. Roy Dudark
BY: BY:
Page 4
If the City Comission disagrees with the reco~ndation, the application
along with the reasons for disapproval should be returned to the Planning
Co~ission for reconsideration.
Encl.: Application #Z89-6
Vicinity Map
Site Development Plan
Grading Plan
Landscape Plan
Excerpt of PC Minutes of 4/18, 5/2 and 5/16/8g
Ordinance #89- 9318
cc: CEI Engineering Association
COMMISSION ACTION
MOTION BY SECOND BY
TO:
PUBLICATION DATE No Later Than March 28~ 1989 APPLICATION NO. Z89--6
HEARING DATE April 18; 1989 DATE FILED March 17, 1989
VICINITY MAP ATTACHED FILING FEE $200.00
OWNERSHIP CERTIFICATE RECEIVED Yes RECEIPT NO. ~-~ ~-z),~_ ~
(INSTRUCTIONS FOR COMPLETING THIS APPLICATION ARE ON THE REVERSE SIDE OF THIS FORM) i
APPLICATION FOR AMENDMENT TO THE
DISTRICT ZONING M,~P (REzoN:I'NG)
Wal-Mart Properties, Inc;
1. Applicant's Name:
2. Applicant's Address ?0 Box 116', Bentonville, Arkansas Zip Code: 72716
3. Telephone (Business):__(501) 273-9472 ' '" "(l~0~il
4. Owner's Name: ' '~ '
5. Owner's. Address Zip Code:, . .
6. Legal description of property to be rezoned (attach add t 0ha sheets if necessary):
Lot(s). In Block No.
In *' ' Subdivision
Metes and bounds description if unplatted (a Surveyor's Certificate must be filed with this application and if approved
will be required to be platted): . .' , "'?' ' '. '
See Attached Description ' " .... '~ "'
7. Approximate streetaddress: Intersection of Schilling Road and Ninth Street, NW corner
8. Area of property (sq. ft. and/or acres): 21.069 · ~, '~ ·
9. Present zoning: Agricultural Use: . Agricultural
10. Requested zoning: C-3 Use: 'Retail: Store Development with adjacent shops
11, Are there any covenants of record which prohibit the proposed development? (Attach c~py): No
12, List reasons for this request. (Attach additional sheets if necessary): Need to rezone the property
to C-3 for a proposed Retail Store Development
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) The proposed
development will have the same effect and impact on the surrounding area~ .utilities,
traffic, etc. that the existing Wal-Mart in Salina has on its area.
14. Wilt there be sufficient off-street parking provided for the requested use? Yes
Explain: Parking ratios required by both the City and Wal-Mart have been met.
15. List exhibits or plans submitted:
PROPERTY OWNeR(S) .-~ . -- ' ) APPLICANT'S
_,//5~i~,'L,.../) ~./t/.~,I J~".; '~;L~,~., ~C~/ Curtis Barlow, Vice-President
DATE: '~- ]'~-~? DATE: ~/¢/¢~
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: CEI Engineering Associates, Inc.
ADDRESS: 110 West Central, Bentonville, AR 72712 ZiP CODE:
TELEPHONE (Business): 273-9472 AREA CODE: 501
White - Planning Canary - City Clerk Pink - Inspection Gold - Applicant
(Rev. 8/84) 101
Ri~ AG
Schil 1 tn9
IL AG
Request
WAL' MART
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(Published in The Salina Journal , 1989)
ORDINANCE NUMBER 89-9318
AN ORDINANCE PROVIDING FOR THE AMENDMENT OF ORDINANCE
NUMBER 8526, THE SAME BEING CHAPTER 42 OF THE SALINA CODE, AND THE
· ZONING DISTRICT MAP THEREIN AND THEREBY ADOPTED AND PROVIDING
FOR THE REZONING OF CERTAIN PROPERTY WITHIN THE CITY AND
PRESCRIBING THE PROPER USES THEREOF.
WHEREAS, all conditions precedent for the amendment of the Zoning
District Map, the rezoning of certain property therein, hereinafter described has
been timely complied with, and SO NOW, THEREFORE,
BE IT ORDAINED by the Governing Body of the City of Salina,
Kansas:
Section I. AMENDMENT. DISTRICT "PC-3". PLANNED COMMERCIAL
SHOPPING CENTER DISTRICT. That the Zoning District Map of the City of
Salina, Kansas, duly adopted and publist ed as a part of Ordinance Number 8526,
the same being Chapter 42 of the Salins Code, be and it is hereby amended so
that the following described property be ezoned as follows, to-wit:
A tract of land in the South ast Quarter (SE¼) of Section
Thirty-five (35), Township Fourteen (14) South, Range
Three (3) West of the Sixth Principal Meridian in Saline
County, Kansas, more particularly described as follows:
Commencing at the southeast corner of said Section
Thirty-five (35);
Thence west along the south line of said section on a
true bearing of North eighty-nine degrees thirty-five
minutes fifty-one seconds West (N .89°35'51"W.) a
distance of nine hundred seventy-five and ninety-nine
hundredths feet (975.99');
Thence North zero degrees twenty-six minutes two
seconds East (N.0°26'02"E.) a distance of forty-four
feet (44.00') to a point on the East right-of-way line of
Interstate Highway 135, said point being the point of
beginning;
Thence continuing North zero degrees twenty-six
minutes two seconds East (N.0°26'02"E.) along said
right-of-way line a distance of one thousand thirty-five
and sixty-three hundredths feet (1035.63');
Thence South eighty-nine degrees thirty-eight minutes
forty-two seconds East (S.89°38~Lt2"E.) a distance of
nine hundred five and seventy-eight hundredths feet
(905.78~) to a point on the West right-of-way line of
Highway 81 Alternate;
Thence South zero degrees thirteen minutes forty-one
seconds West (S.0°13~,1"W.) a distance of seven
hundred fifty-one and ninety-eight hundredths feet
(751.98');
Thence on a curve to the right a distance of four
hundred seventeen and eighty-five hundredths feet
(~,17.85'), said curve having a radius of two hundred
sixty-five and twenty-eight hundredths feet (265.28'}
and a long chord that bears South forty-five degrees
seventeen minutes five seconds West (S.45°17~05"W.) a
distance of three hundred seventy-five and
ninety-seven hundredths feet (375.97');
Thence South eighty-six degrees forty-seven minutes
thirty-eight seconds West (S.86°q7t38"W.} a distance of
two hundred seventy and ten hundredths feet
(270.10');
Thence South zero degrees twenty-four minutes nine
seconds West (S.0°2q~09"W.) a distance of one foot
(1.00');
Thence North eighty-nine and thirty-five minutes
fifty-one seconds West (N.89°35'51"W.) a distance of
three hundred seventy-three and seventy-seven
hundredths feet (373.77~) back to the point of
beginning.
shall become a part of District "PC-3". PLANNED COMMERCIAL SHOPPING
CENTER DISTRICT. That the use of said described property shall be subject to
all the conditions, restrictions and limitations as made and provided for in
Ordinance N~;mber 8526, the same being Chapter #2 of the Salina Code with
reference to ~he PLANNED COMMERCIAL SHOPPING CENTER DISTRICT.
Secdon 2. CONDITIONS OF APPROVAL. That the use of said
described pr perry shall be subject to all the conditions, restrictions and
limitations as made and provided for in Ordinance Number 8526, the same being
Chapter a,2 of the Salina Code, with reference to PLANNED COMMERCIAL
SHOPPING CEN~'ER DISTRICTS.
1. 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 unless exempted by the City
~'ommission.
2. A building permit for the Wal-Mart store shall be
applied for within eighteen (18) months of approval or
the approved development plan shall become null and
void and the zoning shall revert to its former
classification. If this condition is met, site development
plans may be submitted for the outlots. Such plans
shall be approved by the City Planning Commission
prior to issuance of a building permit.
3 Permitted and conditional uses shall be limited to those
prescribed in the C-3 regulations, unless certain uses
are deleted by the City Commission.
~, Signage on the site shall comply with C-3 regulations,
except that Sign Number 1 at the main entrance on
Ninth Street 'shall have a maximum area of 700 square
feet on one sign face and Sign Number ;Z at the
· Schilling Road entrance shall have a m.aximum area of
350 square feet on one sign face. No more than one
(1) ground/pole sign shall be erected on each outlot.
5 The landscape plan shall be amended to show
installation of a deciduous tree, at least twenty feet
[;Z0') in height at maturity on one-half (½} of the
twenty-four (;Z~,) proposed islands at the end of the
parking bays, five (57 trees and ten (10) shrubs in the
space immediately north of the loading area entrance
drive and landscaping along the west side of the site in
a manner similar to the loading area entrance drive.
6. The site plan shall be amended to show a standard
design acceleration lane for the northbound movement at
the main entrance on Ninth Street.
7. The site plan shall be amended to show installation of a
sidewalk along the interior or building side of the
frontage road.
8. The Owner and/or developer shall be responsible for the
installation of traffic signals and a median break at the
intersection of Ninth Street and the main entrance to
the development. The traffic signals shall be installed
prior to the issuance of a certificate of occupancy or in
the alternative, binding legal assurances shall be
provided in the form of an escrow fund, irrevocable
letter of credit or performance bond (in an amount
sufficient to meet the City Engineer=s cost estimate plus
;Z0% for contingencies) payable to the City and valid for
a period of five (5) years following the issuance of a
certificate of occupancy. Signalization for the
intersection will be considered when and if a warrant is
met in accordance with the "Manual on Uniform Traffic
Control Devices." In the event a signal is not under
contract within five (5) years, the legal assurances
shall be released by the City.
9. A site development plan complying with the approved
final plat and containing all revisions and amendments
herein and as required by the City Commission shall be
submitted to the zoning administrator prior to
application for a building permit.
Section 3. That upon receipt of certification by the Office of the
Saline County Treasurer that all ad valorem property taxes are current on the
real estate described in Section 1, the City Clerk is hereby directed to publish
this ordinance in the official city newspaper.
Section q. That this ordinance shall be in full force and effect from
and after its adoption and publication once in the official city newspaper.
Introduced: May 22, 1989
Passed:
Joseph A. Warner, Mayor
[SEAL]
ATTEST:
Jacqueline Shiever, City Clerk