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5.1 Ninth Street Restricted AccessCITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE TIME 3/25/2013 4:00 P.M. AGENDA SECTION ORIGINATING DEPARTMENT: FISCAL APPROVAL: NO: 5 Development Services /Planning BY. ITEM Public Works /Engineering FINAL APPROVAL: NO: 1 Page 1 BY: Dean Andrew / Dan Stack BY: ITEM: Ordinance No. 13 -10672 Continuation of public hearing and report on Petition No. 4353, filed by John Hendricks on behalf of Premer Brothers Properties, requesting vacation of 30 ft. of platted restricted access on Lot 3, Block 2 of the Riffel Addition plus the abutting vacated right -of -way (3029 Riffel Drive) to allow a right in — right out driveway opening on the west side of South 9th Street a distance of 515 feet south of Schilling Road. (Continued from January 28, 2013 meeting). [Staff would note that this is a quasi - judicial land use matter; therefore the rules, prohibiting ex parte contacts by interested parties with individual Commissioners, are now in effect.] NATURE OF REQUEST: Premer Brothers Properties of Hutchinson, Kansas has purchased the former Popeye's restaurant site and has plans to remove the existing building and redevelop the site. Representatives of Premer Brothers met with the City's Development Review Team (DRT) to explain their plans for the property. They indicated that they felt having a driveway on the 9th Street side of the property would be advantageous to their plans for redeveloping the property. Their plans are to construct a new retail building on the property or possibly to relocate the Coyote Canyon restaurant which they own from a lease site at Central Mall to this location. Staff explained that there is restricted access in place along the 9th Street frontage and that the approved access points to the Popeye's site are on Riffel Drive. Representatives of Premer Brothers expressed concern about the congestion at the Riffel Drive - Schilling Road intersection and their feeling that a driveway connection between South 9th Street and Riffel Drive could help drivers avoid that congestion. They inquired about the process for requesting a curb cut on 9th Street and on January 4, 2013 John Hendricks filed this petition on behalf of Premer Brother Properties requesting that the City Commission approved a 30 ft. break in restricted access 115 ft. south of the north property line of Lot 3 and approximately 515 ft. south of Schilling Road. Because of the center median on 9th Street the requested driveway opening would be limited to right in and right out movements. The proposed driveway entrance would be 30 ft. in width and would have to cross a 5 ft. concrete sidewalk and roadside drainage ditch on the west side of the 9th Street. At Riffel Drive, the proposed driveway entrance would be 8 -10 ft. south of the existing 30 ft. entrance. The petitioner is also proposing a deceleration ( "decel ") lane for southbound traffic on 9th Street. The process for requesting a break in access control is the same statutory process used for requesting vacation of an easement or alley. It involves public notice, a public hearing and, if approved, the adoption and recording of a vacation ordinance. Previous Commission Action The City Commission conducted a public hearing on the petitioner's request for a break in restricted access on January 28, 2013. Prior to the meeting to the applicant, and at the public hearing, staff expressed its opposition to the granting of a break in restricted access for an individual driveway servina Lot 3. Staff was and is concerned that approval of an individual curb cut for Lot 3 as proposed CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE TIME 3/25/2013 4:00 P.M. AGENDA SECTION ORIGINATING DEPARTMENT: FISCAL APPROVAL: NO: 5 Development Services /Planning BY. ITEM Public Works /Engineering FINAL APPROVAL: NO: 1 Page 2 BY: Dean Andrew / Dan Stack BY: could set a precedent for future request for individual business driveways on outlots facing South 9`' Street. Staff indicated that it would be receptive to a well designed right in — right out curb cut for a roadway connecting South 9t" Street to Riffel Drive that would be designed to function as a private road and not a parking lot driving aisle. The petitioner's representative, Ken Wasserman, was receptive to looking at redesign or relocation of the proposed driveway so that it would be located and designed to function as a true shared access drive and requested that the hearing be continued to allow his client to look at redesign options. The City Commission approved a motion to continue the public hearing on this petition to march 25, 2013 and directed the applicant to provide staff with revised plan drawings for their review by March 11, 2013. Staff met with the petitioner and Mr. Wasserman following the January 28, 2013 hearing to look at redesign options but no revised plan has been received. Staff understands that Mr. Wasserman plans to request an additional continuance of the hearing to a future meeting to allow his client additional time to develop a revised plan. COMMISSION ACTION: Staff has identified the following alternatives for the Commission's consideration: 1. The City Commission could deny the petitioner's request which would mean that the platted restricted access along Lot 3, Block 2 of the Riffel Addition plus abutting vacated right -of -way would be preserved and remain in place. Access to the property would continue to be limited to Riffel Drive. If Petition No. 4353 was denied, that would not preclude Premer Brothers or any subsequent owner from being able to file a new petition in the future. 2. The City Commission could grant the petitioner more time and direct the petitioner to modify their petition and plan to redesign and / or relocate the proposed driveway so it would be located and designed to function as a true shared access drive and not as a driveway serving an individual business parking lot and continue the public hearing to a specified future meeting date to allow a modified design to be considered at that meeting. 3. The City Commission could deny the petitioner's request and direct them to pursue the creation of a special assessment district to finance construction of a public street. This would require the dedication of public right -of -way and construction of a roadway meeting public street standards. 4. The City Commission could continue the public hearing on this petition to a specified future meeting date to allow additional information or options to be provided by staff or the petitioner. CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE TIME 3/25/2013 4:00 P.M. DO NOT WRITE IN THIS R:� PETITION NUMBER City Clerk's Office Filed '13 JAN 7 NM9:52 TO: THE GOVERNING BODY 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: A break in the platted restricted access on Lot 3, Block 2 of the Riffel Addition to the City of Salina plus the abutting vacated right -of -way (3029 Riffel Drive). The break in the restricted access would allow a right in - right out driveway opening on South 9th Street beginning approximately 107 ft. south of the north properly line that would extend an additional 26 ft. to the south to serve a proposed new retail development on the lot. Respectfully submitted by: John Hendricks, Premer Brothers Telephone Number: 620-669 -1194 x 220 NAME ADDRESS PLF — 074,12/28/2012 Purpose of Petition Premer Brothers Properties has purchased the site commonly known as 3029 Riffel Drive and intends to develop the property either as a large restaurant or general retail with multiple tenants. Either use will increase the vehicular traffic into the area, with the restaurant use increasing the vehicular traffic by 5,000 to 7,000 cars per week. When the Riffel Addition was created it was intended to develop with business catering to Interstate traffic, gas stations, convenience stores, hotels, etc. Today the Riffel Addition has each of the targeted businesses plus at least 4 restaurant sites that generate higher traffic counts then what was originally envisioned. Premer Brothers proposes the addition of a right in /right out driveway from 9t' onto their property, as has been depicted in the drawing submitted to the City. This right in/right out will benefit the entire Riffel Addition since vehicles will be able to drive through the parking lot and access Riffel Drive, which will reduce the amount of traffic at Schilling and Riffel Drive. Most importantly, granting the right iniright out will allow emergency services and additional access point to the surrounding businesses. The City of Salina recently spent a significant amount of money to install a sculpture in the median in this general vicinity. Premer Brothers, if granted the right iniright out will fully develop their site and will install landscaping that will enhance the area along 9t' Street. Premer Brothers believes this request should be approved since the City has previously approved right in/right out requests for the Casey's at 9t' and Magnolia and for Lowe's which is located directly across the street from the applicants site. We understand Cities in general regulate points of ingresslegress so there aren't curb cuts "every 50 feet ". In this case, our location for the right in/right out is equal distance between Schilling and the south entrance to Riffel Drive. The applicant acknowledges that if the City Commission grants this petition the planning department can't improve the lot development unless it meets the plan set forth in the ordinance approving the right in/right out drive. Petition #4353 - 3029 Riffel Dr Break In Access Control - Premer Brothers Schilling Rd Subiect t r Q 1A Q�l r Todd Cr mil....% • o 1 Inch = 200 Feet s•�' Re Ordinance 99-9912 attachment V4 w SCHLLM VA / f t • 71 nw=wRaw to bo V&VW i f f ' 5 ai��sd i � t Y 10 v Aa��3 ;ai ti M.®.w rtrtv . w° wwu �n.s ^•n cw 9 N1.N!N GNOngH!nOS jj NO , V -- r - -z- I 3 'I i fill. a t a! OO a sg-amH�i isF��� i I 'ell �! P � ! g y g��a�tsi% 33� \�4ra4 i I N J � CI SF�F�F EJ9yyj,v I ? k3 !s 11 ��o•ak is {a "S97as g ?9"fgg2 Yd o' R Earles Engineering & Inspection, Ina Civil & Structural )engineers — Construction Inspectors 115 W. iron; Mine, Kansas 67401 Phone: (795) 309 -1060 Fax: (785) 304 -1061 21. t N. Kansas Ave.; Liberal, Kwisas 67901 Phone: (620) 626 -5412 Fax: (620) 626 -5408 Nicanau t7u�rd Mirwrir� Busirwss - am+aih udrsinc(utad�- ng.ucan January 15, 2013 City of Salina 300 W. rash PO Box 736 Salina, KS 67401 -0736 Attu.: [Jean Andrew Planning. & Zoning Administrator Pe: Wh Street — Right in Rigbt out -- Old Popeye Restaurant EM No. 12 -58 Dear Mr. Andrew: 111 final submitted layout indicates a acceleration lane but no acceleration lane. '['be deceleration lane allows a vehicle to get out of traffic and slow down for the tarn without causing undo delay of the moving traffic. Though this deceleration lane is probably not required due to the roadway being 4 -Imm in this area and the low speed off .he traffic, it doea allow for better traffic moveutettt. The lack ofan acceleration lane is based on the stow traffic speed through the area, the low traffic volume and the fact that you are merging into a 4 -lane roadway, which allows for vehicles to move around a slower moving vehicle. Yrtu'A Hole that the eau side of Ninth Street currently has the same type of arrangement for the erirance road. The advance of allowing this right inr right out entrance and to extend it to Rif'fel Drive is: 1. Getting traffic to this new facility, at the point wltere people see the facility 1 Fnecuraging trine going to the other 5tcilities in this area to use this access told bypass the currently congested intersuction of Schilling Road and Itif el Drive, which is also the n/oul of the gas station and Waf -nazi across the street. 3. This new access point will benefit not only this property, but also the lintels and other stmunling properties by allowing tta f'ic to eater and exit onto Ninth Street and thereby reduce the traffic at the congrgted Schilling Road intersection. If we can be of any more assistance, please call. EARLS ENGINEERMIG & INSPECTION, INC. Peter W. Earle -, F.E. CEO CC: Ken Wasserman John Hendricks e c it 1 It. t Application #Z96 -8G Final Site Plan Popeye's Chicken .Km * Aura N SCHILLING ROAD bt I a +"-**S OUR w-ww 3 rlo - - - - - -- -- ■ww / HAMPTON INN KV61( SHOP a aua„. s ? COURTYARD BY �`/ WENDY'S MARRIOTT l ' . �3a+ / O 4•j: Q r C j / ! 4 h i fi h a �s r W h r t. I /I / Y TACO BUENO i l m •i\ / / W / v r� • M \ �fC.f4M - 3 � � N Z b y 3 �f m O Jill i TSC } 1 I L - - -- ; --- --� —J� I/ 14 I �••. 4.n . +ww .■n � I L— — ,N7tf ^ .r wz WAN it 1/m to -s wrlt X.M." 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Caseyys - -- Verizon L — Freddy's SungowerBan cr- _ America's Best it Mocas Value Inn Mid State Plaza Schlotzsky's Deli Blind Pig -- -- Hong Kong Bu1f9t �'�, -.� ✓ Hog id BBO �- \_� Ashiey Furniture - , L I � Capitol Federal Aaron's �:`l � �V { Sayings Bank Kotil's T _—, KayAye `. I - I \ J Long Homs . �J Los �6lellds ��\, Sonicll Subway Ofllce Max - Lifetipje Flnes£�' 7 Spangles Goodwill - Sprint Belmont Blvd,. Candlew0od inn - Burger King — —� Hair Suit Starl lile';SpI E -� t Skating Conklin Cars Tucson's _— VOA Idedy Horsing Country Inn -- -- - Pumpkin Patch% Del's Driveway Olive Garden - -- Sullivan -Dr. -- First Bank___ W8imart Sam's Drive Pizza Hut Target Walmart - ,+. \ , -- Debold Ave. Applegeas. Red Lobster-; - Sams Club I j� — — Schilling Rd. - - -- �i Hampton _— Lowe's Daimaru wendy'1S Courtyard by Marriott Tractor & Supply Logan's, Rlffel'Dr. -- Lowe's — Daimaru IBT Inc.' \ Kwick'Shop PKM Steel Pestingger HVAC Todd Cir. -- Linweld Big Brothers Big Sisters — Ave. A Air&Flre systems 0 Sp0 1000 1500 2000 Lorenson Intlustries South Intl Sheet Metal SCALE' 1' - 1000• Penske Truck Rental Todd Cir. -- — Ave. 6 K Sa coNroisd LEGEND Meticast Products Welborn Sales Public Road - Private Drive m - -- - -- --- Shared Private Drive rn Long McArthur - I �- -Berg Rd. Long McArthur — Marshall Motors ­ H & S Investment Advanced Auto Parts SCHILLING RD I 91 Y a _ _ iF. .,a w b 1 I^ N W � E s Petition No. 4353, Lot 3, Block 2 of Riffel Addition -- u. TODD CR Request Area i '�T i