5.1 Vacate Alley Parkwood Village AdditionAGENDA SECTION
NO: 5
ITEM
NO:
Page 1
CITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION DATE
1/9/2012
ORIGINATING DEPARTMENT:
DEVELOPMENT SERVICES
PLANNING
BY: Dean Andrew
TIME
4:00 P.M.
FISCAL APPROVAL:
BY:
FINAL APPROVAL:
BY:
ITEM: Ordinance No. 12 -10627
Public hearing and report on petition ( #4339) filed by Les Sperling on behalf of the Central Kansas
Foundation requesting the vacation of the North 202 feet of a 25 ft. platted north -south alley extending
between Cloud Street and Parkwood Drive in Block 1 of the Parkwood Village Addition to the City of
Salina, Saline County, Kansas. This alley bisects property owned by the Central Kansas Foundation.
BACKGROUND:
The Parkwood Village Addition was platted in 1972. The platting arrangement created a public
frontage road east of and parallel to Ohio Street. This frontage road provides driveway access to the
parking areas serving the commercial development east of Ohio. A 25 ft. wide alley was platted
between the lots facing Ohio and the lots facing Glendale Road. This alley extends from Cloud Street
on the north to the curve in Glendale Road on the south. The Oak Park Village Shopping Center on
the east side of Ohio was constructed in 1975 and 1976. Historically this alley has been used for rear
access to properties facing Ohio Street, for trash collection, for access to the rear (east side) of
businesses in Oak Park Village and access to parking areas serving Salina Dental Arts at 1829 S.
Ohio. The alley is also used as a conduit for overhead and underground utilities and there are
currently gas, electric, phone and public sewer lines located within the alley right -of -way.
NATURE OF REQUEST:
The Central Kansas Foundation (CKF) purchased the building at 1805 South Ohio Street (west of the
alley) in 1989 and purchased the former laboratory / office building at 1804 Glendale Road (east of the
alley in 2004. CKF has employees housed in both buildings and they report that there is a good deal
of pedestrian traffic between the two buildings. Upon receiving news of the proposed Dillons grocery
store and fueling facility across the street on the north side of Cloud and after reviewing the proposed
driveway locations, representatives of CKF became concerned about increased traffic going down the
alley south of Cloud Street. Staff explained the legal process for requesting the closure and vacation
of public alleys, and CKF filed the attached petition requesting closure and vacation of the North 202 ft.
of the alley to allow them to merge their two buildings and properties together without having them
divided by an alley and alley traffic.
No portion of a street or alley right -of -way may be vacated over the objections of an abutting property
owner. CKF owns both sides of the North 202 ft. of the alley except for a small sliver on the west side
owned by the Carolyn J. Bennett Trust. The Trust was notified of CKF's request and has not
registered any objection. If this request is approved, the alley would be closed to through traffic at the
north end and ownership of the 25 ft. public right -of -way would revert back to the property owner on
each side of the alley — CKF and the Carolyn J. Bennett Trust.
In 1988, the frontage road north of the CKF building was vacated by the City Commission on the
condition that the property owner install appropriate traffic barriers and a new public street connection
to Cloud Street. This area is now used as a parking area by CKF. (See attached drawing)
CITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION DATE
1/9/2012
AGENDA SECTION
NO:
ITEM
NO: 1
Page 2
Affected Public and Franchise Utilities
ORIGINATING DEPARTMENT
DEVELOPMENT SERVICES
PLANNING
BY: Dean Andrew
TIME
4:00 P.M.
FISCAL APPROVAL:
BY:
FINAL APPROVAL:
BY:
All local utility providers have been contacted about this vacation request. As noted there is a public
sanitary sewer line, gas line, electric lines and phone lines located within the alley right -of -way.
Response to the vacation request has not been favorable but the City's sewer utility, Westar and Cox
Cable have no major objections to the right -of -way being vacated if a utility easement is retained. The
primary concerns expressed by the utility providers were the possible need to relocate lines, access to
the rear of the west building and the possibility that CKF might attempt to build across the vacated alley
right -of -way. Retention of this 25 ft. strip as a utility easement should address these concerns while
allowing CKF to restrict vehicular traffic.
This alley is also used for trash pick up, not by City Sanitation crews, but by private trash haulers. The
alley provides access for emergency vehicles, delivery trucks and to a parking lot used by employees
and patients of Dr. Bycroft and Salina Dental Arts at the south end of the alley next to Parkwood Drive.
Although there are some dead end alleys in the community, the creation of a dead end alley with no
public outlet is not an ideal situation. One option for addressing this would be to condition vacation of
the north -south alley on CKF agreeing to dedicate a public access easement or alley right -of -way
between the alley and Glendale Road to provide an alternative outlet for the alley. This was done at
the Children's Center project at Oakdale and Ash where an east -west alley was closed and vacated
and a new alley was extended north to Ash Street to provide an alternative outlet.
FISCAL NOTE:
Barricade installation or pavement removal costs associated with closure of the alley, if any, would be
borne by Central Kansas Foundation.
COMMISSION ACTION:
Staff has identified the following alternatives for the Commission's consideration:
1. The City Commission could approve this vacation request. The effect of this action would be
that ownership of this 25 ft. strip of alley right -of -way would revert to the Central Kansas
Foundation and the Carolyn J. Bennett Trust, the only abutting owners, for their unrestricted
use. The remainder of the right -of -way for the alley to the south would remain in place.
2. The City Commission could approve the closure and vacation of the alley as requested subject
to Central Kansas Foundation agreeing to dedicate a public access easement across their south
parking lot on Lot 4 to allow alley traffic to travel east to Glendale Road.
3. The City Commission could approve the closure and vacation of the alley as requested subject
to Central Kansas Foundation agreeing to dedicate an east -west alley right -of -way across their
south parking lot on Lot 4 to allow alley traffic to travel east to Glendale Road.
4. The City Commission could continue the public hearing on this petition to allow additional
information or options to be provided by staff.
CITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION
DATE TIME
1/9/2012 4:00 P.M.
AGENDA SECTION ORIGINATING DEPARTMENT: FISCAL APPROVAL:
NO: 5
DEVELOPMENT SERVICES BY:
ITEM PLANNING FINAL APPROVAL:
NO: 1
Page 3 BY: Dean Andrew BY:
5. The City Commission could deny the petitioner's request which would mean the public alley
would remain open to traffic as it is today.
Staff would recommend that any action to approve this alley vacation request be made subject to the
following conditions:
1. The entire alley right -of -way to be vacated shall be retained as a public utility easement.
2. The petitioner shall install standard traffic barriers meeting the criteria established by the City
Engineer at the north and south end of the vacated alley right -of -way at locations approved by
the City Engineer.
Enclosures: Petition
Vicinity map
Site Development Plan for 1804 Glendale Road
Aerial Photo
Ordinance No. 12 -10627
cc: Les Sperling, CKF
Carolyn J. Bennett Trust
Jeff Zuercher, Westar Energy
AGENDA SECTION
NO:
ITEM
NO:
Page 4
CITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION
ORIGINATING DEPARTMENT
DEVELOPMENT SERVICES
PLANNING
BY: Dean Andrew
DATE TIME
1/9/2012 4:00 P.M.
FISCAL APPROVAL:
BY:
FINAL APPROVAL:
BY:
DO NOT WRITE IN THIS SPACE
PETITION NUMBER 43131
City Clerk's Office
Filed
TO: THE GOVERNING BODY '�1 DEC 7 Am11:47
City of Salina, Kansas
We, the undersigned, being residents and property owners in
the City of Salina, Kansas, do hereby petition your honorable body for:
Closure and vacation of the North 202 ft. of a 25 ft. platted alley extending between Cloud Street and
Parkwood Drive in Block 1 of the Parkwood Village Addition to the City of Salina, Saline County,
Kansas. Central Kansas Foundation owns the property on both sides of the alley vacation request area.
Respectfully submitted by: Les Sperling. CEO of Central Kansas Foundation
Telephone Number: 785- 825 -6224
NAME ADDRESS
PLF — 074,12/7/2011
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Alley Right-of-Way
Requested to be Vacated
(Published in the Salina Journal on January _, 2012.)
ORDINANCE NUMBER 12 -10627
AN ORDINANCE PROVIDING FOR THE VACATION OF RIGHT -OF -WAY FOR A
PLATTED PUBLIC ALLEY IN THE PARKWOOD VILLAGE ADDITION TO THE CITY OF
SALINA, SALINE COUNTY, KANSAS.
BE IT ORDAINED by the Governing Body of the City of Salina, Kansas:
Section 1. That on January 9, 2012, the Salina City Commission conducted a public hearing on
the petition filed by Les Sperling on behalf of the Central Kansas Foundation ( "Petitioner ") requesting
vacation of the northern portion of a north -south alley located between Cloud Street and Parkwood
Drive in the Parkwood Village Addition to the City of Salina, Saline County, Kansas, more particularly
described as follows:
That portion of the 25 foot alley abutting Lots 3 and 4, Block 1, of the Parkwood
Village Addition to City of Salina, Saline County, Kansas.
The above described right -of -way to be vacated contains Five Thousand Fifty (5,050)
square feet, more or less.
Section 2. That the governing body finds from the evidence presented at the public hearing that:
(a) Due and legal notice has been given by publication as required by law.
(b) No private rights will be injured or endangered by vacation of the right -of -way.
(c) Injustice to the Petitioner vacation of the right -of -way should be granted.
Section 3. That the right -of -way is hereby vacated and shall revert to the owners of Lots 1, 3, and
4, Block 1 in the Parkwood Village Addition to the City of Salina, Saline County, Kansas, in accordance
with K.S.A. 13 -443, provided however that vacation of the above described alley right -of -way is subject
to the following condition which shall be satisfied prior to second reading of this ordinance:
(1) The petitioner shall install standard traffic barriers meeting the criteria established by
the City Engineer at the north and south end of the vacated alley right -of -way at
locations approved by the City Engineer.
Section 4. That the entire alley right -of -way being vacated through this action shall be retained as
a public utility easement for the use and benefit of public and franchise utility providers.
Section 5. That this ordinance shall be in full force and effect from and after its adoption and
publication once in the official city newspaper.
Introduced: January 9, 2012
Passed: Upon fulfillment of conditions
Samantha P. Angell, Mayor
[SEAL]
ATTEST:
Lieu Ann Elsey, CMC, City Clerk
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Petition #4339
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