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
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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
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Petition No. 4353,
Lot 3, Block 2 of Riffel Addition --
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