7.1 Agr Interlocal Subdiv Plats' CITY OF SALINA
REQUEST FOR COMMISSION ACTION DATE TIME
1/11/88 4:00 P.M.
AGENDA SECTION: Development ORIGINATING DEPARTMENT: APPROVED FOR
NO. 7 COMMUNITY DEVELOPMENT AGENI~: j....._j
Planning Division
NO. 1
BY: Ro.y Dudark :
On Novembe~ 23, 1987, the City Commission discussed a proposed Interlocal
Agreement with Saline County for approval of subdivision plats within three miles
of the city limits. The agreement provides formal procedures and standards to
guide each jurisdiction in the review of plats for the subdivision of land within
certain defined areas outside the city. Within one mile, city regulations would
apply where more restrictive than those of Saline County, excepting required
improvement standards for streets and sidewalks. Beyond one mile but within three
miles of the city, Saline County regulations would apply. However, within this
area, the City Planning Commission may review plats and submit recommendatioms to
the County.
On December 15, 1987, the Salina Planning Commission considered the proposed
agreement. Following discussion, a motion to approve the agreement and authorize
the chairman to sign it was adopted on a vote of 7-0.
.On January 4, 1988, the Saline County Planning and Zoning Commission also
unanimously approved the agreement. It is my understanding that the Board
of County Commissioners has placed the item on their agenda for January 19,
1988.
A draft copy of the proposed agreement was submitted to the Kansas Attorney
General's office for an informal review prior to submission of the executed
document for approval. In a response to the City Attorney, it was indicated that
the proposed agreement contained the requirements set forth in State statute
[K.S.A. 12-2904 (C)]. In order to give formal approval, the Attorney General's
office will require: a) A executed copy of the agreement;, and b) copies of the
adopting ordinance, resolution, minutes, etc.
An ordinance adopting the agreement is herein attached along with a copy of the
proposed final Interlocal Agreement.
Enc. Interlocal Agreement
Ordinance # 88-9229
COMMISSION ACTION
MOTION BY SECOND BY
TO:
!NTERLOCAL AGREEMENT
AN AGREEMENT BETWEEN SALINE COUNTy, KANSAS, AND THE CITY OF SALINA, FOR
COOPERATION AND COORDINATION IN THE APPROVAL OF SUBDIVISION PLATS WITHIN
THREE MILES OF THE SALINA CITY LIMITS.
THIS AGREEMENT is made and entered into this __ day of ,
1987 by and between the BOARD OF COUNTY COMMISSIONERS OF SALINE COUNTY,
KANSAS, hereinafter referred to as "COUNTY" and the BOARD O~ CITY
COMMISSIONERS OF THE CITY OF SALINA, KANSAS, hereinafter referred to as
"CITY", each party having been organized and now existing under the laws of
the State of Kansas.
WITNESSETH:
WHEREAS, the parties hereto have determined that there is a need for
cooperation and coordination between Saline County and the City of Salina in
order to insure orderly development of Salina's urban fringe through the
proper location and design of streets, building lines, open spaces, and
utilities and the standards by which streets, utilities and other physical
improvements shall be constructed or installed; and
WHEREAS, the division and improvement of land for urban development has
a significant and lasting impact upon the physical environment of the urban
fringe of Salina and places increasing demands upon public facilities and
services; and
WHEREAS, the creation of new streets, lots and utility systems requires
significant capital investment and failure to adequately size and construct
sewers and streets, insure adequate water supplies, manage stormwater runoff
and erosion and plan for public services may result in physical and
environmental problems which are costly to resolve; and
WHEREAS, Saline County and the City of Salina recognize the need for
joint review and approval of proposed subdivision plats located within the
City's future growth pattern; and
WHEREAS, K.S.A. 1986 Supp. 12-2904 authorizes the parties hereto to
agree to such interlocal cooperation.
NOW THEREFORE, the parties hereby mutually agree as follows:
ARTICLE I - Purpose
The purpose of this Agreement is to:
A. Establish cooperation and coordination between the City of Salina
and Saline County in reviewing and approving subdivision plats of
areas outside the corporate limits of the city but within one (1)
mile and (3) miles of the city limits.
1
B. Set out the responsibilities and commitments of the staff, plan-
ing commission and governing body of the City of Salina and Saline
County with respect to the review and approval of subdivision
plats.
C. Establish the circumstances and areas where the subdivision
regulations of the City of Salina and Saline County shall apply
and the governing body which shall have final approval authority.
O. Establish a schedule for the submission, review and approv~l of
plats in the one ([) mile and three (3) mile zone.
ARTICLE II - Responsibilities and Commitments
A. For Plats Accompanied by an Annexation Request:
{1)The City of Salina will be the entity responsible for all
subdivision plat review and approval.
{2) The preliminary plat will be submitted to the Salina City
Planning Commission for review and recommendation. The City
shall forward a copy of the plat to the County Planning
Department.
{3) The final subdivision plat shall be approved or disapproved
by the City Commission based on conformance with the Sub-
division Regulations of the City of Salina.
B. For Plats Within One {1) Mile of the City Limits:
(1) The City of Salina and Saline County shall exercise concur-
rent approval authority for plats located within one mile of
the city limits. No final plat shall be submitted for
recording until it has been approved by both the City Com-
mission and the County Commission.
(2) A subdivision review committee shall be formed which shall
consist of members of the City and County staff. The com-
mittee shall jointly review the proposed plat and shall
prepare comments and recommendations for the City and County
Planning Commissions.
(3} A report from the City Planning Commission and approval of
the plat by the City Commission shall be received prior to
final action by the County Commission.
(4) The final subdivision plat shall be approved or disapproved
based on conformance with the Subdivision Regulations of
Saline County;' provided however, the Subdivision Regulations
of the City of Salina shall apply where said regulations are
more restrictive. The Subdivision Regulations of the City of
Salina shall not apply to improvement standards for streets
and sidewalks.
2
C. For plats more than one (1) mile from the City Limits but within
three (3) miles:
{1) Saline County shall exercise final approval authority for
plats located more than one (1} mile from the City Limits.
(2) A subdivision review committee shall be formed which shall
consist of members of the City and County staff. The
committee shall jointly review the proposed plat and shall
prepare comments and recommendations for the City and County
Planning Commissions.
{3) The proposed plat shall be submitted to the City Planning
Commission for review and recommendation prior to final
action by the County Planning Commission and County Commis-
sion. The County shall make every effort to accommodate the
recommendations of the City Planning Commission in its review
and approval of subdivisions plats.
(4) The final subdivision plat shall be approved or disapproved
by the County Commission based on conformance with the
Subdivision Regulations of Saline County.
ARTICLE III - Application and Fees
A. For Plats Accompanied by an Annexation Request:
{1) The applicant shall file an "Application for Preliminary/
Final SubdivisiOn Approval" with the City.
{2} The fee charged shall be the fee established by the City
Commission for preliminary and final plats.
B. For Plats within one (1) mile of the city limits:
{1) The applicant shall file both an "Application for
Preliminary/Final Subdivision Approval" with the City and a
"Preliminary/Final Plat Application" with the County.
(2) The fee charged shall be one-half {~) the fee established by
the City Co~misston for preliminary and final city plats and
one-half (~) the fee established by the County Commission for
preliminary and final county plats.
C. For plats more than one {1) mile from the City Limits but within
three (3) miles:
(1) The applicant shall file a "Preliminary/Final Plat Applica-
tion'' with the County.
(2) The fee charged shall be the fee established by the County
Commission for preliminary and final county plats.
ARTICLE IV - Submission Schedule
A. The following table indicates the order in which the various
commissions shall be approached and the action required on the
part of each commission for plats of areas within the corporate
limits of the City of Salina:
Preliminary Plat
Step Authority Action Required
1. City PlanningCommission Approval, return plat to subdivider
Final Plat
Step Authority Action Required
1. City Planning Commission Approval (signature required}
2. City Commission Approval, return plat to subdivider
(signature required)
3. County Commission Acceptance, return plat to subdivider
{signature required)
4. Register of Deeds Record final plat
B. The following table indicates the order in which the various
commissions shall be approached and the action required on the
part of each commission for plats of areas within one (1) mile of
the City of Salina:
Preliminary Plat
Step Authority Action Required
1. County Planning Commission Approval return plat to subdivider
2. City Planning Commission Approval, return plat to subdivider
3. County Planning Commission Approval of any changes (not
required if no changes are
made), return to subdivider
Final Plat
Step Authority Action Required
1. City Planning Commission Approval {signature required)
2. City Commission Approval, return plat to subdivider
{signature required)
3. County Planning Commission Approval {signature required)
4. County Commission Approval, return plat to subdivider
{signature required)
5. Register of Deeds Record final plat
C. The following table indicates the order in which the various
commissions shall be approached and the action required on the
part of each commission for plats of areas more than one (1) mile
from the city limits but within three (3} miles of the City of
Salina:
Preliminary ~l~t
Step Authority Action Required
i. County Planning Department Receive application, notify City
2. City Planning Commission Review and recommendation
3. County Planning Commission Approval, return to subdivider
Final Plat
Step Authority Action Required
1. City Planning Commission Review and recommendation
2. County Planning Commission Approval {signature required}
3. County Commission Approval, return plat to
subdivider {signature required)
4. Register of Deeds Record final plat
ARTICLE V - Recording
The Saline County Register of Deeds shall not record a plat of any
subdivision within the three mile zone unless the plat has been approved in
accordance with the provisions of this Agreement.
ARTICLE VII - Duration
This Agreement shall terminate, if at all, only upon formal rescission
action taken by the City Commission or County Commission at a public meet-
ing preceeded by twenty (20) days notice to the other party.
IN WITNESS WHEREOF, the above and foregoing Agreement has been made
effective by the parties hereto on the day and. year first above written.
BOARD OF COUNTY COMMISSIONERS
SALINE COUNTY, KANSAS
ATTEST:
Chairman
County Clerk
SALINE COUNTY PLANNING COMMISSION
APPROVED AS TO FORM:
Chairman
County Counselor
BOARD OF CITY COMMISSIONERS
SALINA, KANSAS
ATTEST:
Mayor
City Clerk
SALINA CITY PLANNING COMMISSION
APPROVED AS TO FORM:
Chairman
City Attorney
Pursuant to K.S.A. 12-2904, the office of the Attorney General of the
State of Kansas hereby determines that the above Interlocal Agreement for
Cooperation and Coordination on the Approval of Subdivision Plats within
Three Miles of the Salina City Limits is in proper form and compatible with
the laws of the State of Kansas.
Office of the Attorney General
By