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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 ! i OUTLOT E '[ ~ I ~ ................. ~- ....... ~_~.~ .... ~ .... .. _ I ' ' PRalMINARY ', "?' ,, -- ~ .... '-. -~ NOT FOR ~( ........... )- :.~ .... ":': :':~'"-""',,..,~ ........................ ,.,,..=." '"'~'~"-' :": ........ ~.. CONSTRUCTION ' ' ~ ~ /"' = ~:. PROGRESS . ~ ....~ ~. s~,~ ,~., OtH Sr (~ '(' ..... ~~ PRINTS .... ,.~ ,, · -.. , .'.: .~,' .-. .... ~. '")' ..:.' ::'. '/' .. .. ............... .. · .... .: 1 · ," ...... I WAL-MART (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