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7.4 Zone Belmont Plaza Add CITY OF SALINA REQUEST FOR COMMISSION ACTION DATE TIME 5/6/95 4:~ P.M. AGENDA SEC~ON: O~GINATING DEPARTMENT: APPROVED FOR NO. 7 AGENDA: PLANNING & DEVELOPMENT ITEM: NO. 4 and 4a Roy DudarkI~//~? ' ~' BY: BY: ~,~-TZ'? '~ ~" Item Application #Z96-4, filed by Kaw Valley Engineering, on behalf of Ph±l Bundy, requesting a change in zoning district classification from A-1 (Agricultural) to PC-3 (Planned Shopping Center District) for property located south of Mid-State Mall and the Lambertz Addition between $. 9th Street and 1-135. (Old 81 Drive In site). Nature of Request This property is under contract to at least two potential buyers who are interested in develop±ng this site w±th retail stores, restaurants and possibly a motel. The request area was formerly the site of the 81 Drive In Theater but the screen and all other facilities associated with the drive in have been removed and the property ±s currently vacant. Kaw Valley Engineering has filed this application to rezone the entire tract from A-1 to PC-3 to allow commercial development of the site. Because this is an application for Planned C-3, Kaw Valley has submitted a preliminary site plan showing conceptual dimensions and setbacks of the proposed buildings, total floor area and site coverage, proposed access drives and parking areas and proposed landscaping on the site. The subject property has been zoned A-1 since it first came into the city limits in 1971 but has never been platted. Sec. 42-8 of the Zoning Ordinance requires that land be subdivided in accordance with the City's subdivision regulations prior to rezoning any area to any district other than A-1. The applicant has submitted a companion plat application for the entire 15 acre tract. The rezoning application should be considered first. COMMISSION ACTION MOTION BY SECOND BY THAT: CITY OF SALINA REQUEST FOR COMMISSION ACTIO~ / 6 / 9D:3&TE TIME 4:00 P.M. AGENDA SECTION: ORIGINATING DEPARTMENT: APPROVED FOR NO. AGENDA: PLANNING & DEVELOPMENT ITEM NO. Roy Dudark Paqe 2 BY: BY: Suitability of the Site for Development Under Existing Zoning The subject site is a 900' deep tract fronting partially on 9th St. and partially on a 9th St. frontage road. The entire 900' X 720' tract is zoned A-1 Agricultural which is among the most limiting and restrictive zones in the city. Given the level of new commercial development along the S. 9th Street corridor and the increased traffic volumes on 9th, staff would agree that the current A-1 zoning serves to inhibit development on this site compared to other property similarly situated. Character of the Neighborhood As noted, this section of S. 9th Street is a rapidly growing commercial corridor. This site is surrounded by C-3 and C-5 zoned property. Therefore staff believes the requested zoning change would be compatible with the zoning and uses of nearby property. Public Utilities and Services Adequate water and sanitary sewer and gas lines are in place in 9th Street to serve commercial development on this site. Because this is infill development, the change in zoning classification and use proposed by the applicant should not result in any additional burden on public facilities and services. Fire protection would be provided by Station #3 located approximately four blocks away. Access points, traffic control and drainage will be addressed in the plat review. Conformance with Comprehensive Plan The Comprehensive Plan designates this area as commercial mixed use. This designation envisions that the area could be developed with office and residential uses in combination with commercial uses. Rezoning to PC-3 would be consistent with this designation. CITY OF SALINA REQUEST FOR COMMISSION ACTIO~/6/~sATE TIME 4:00 P.M. AGENDA SECTION: ORIGINATING DEPARTMENT: APPROVED FOR NO. AGENDA: PLANNING & DEVELOPMENT ITEM NO. Roy Dudark Page 3 BY: BY: Review of Preliminary Site Plan Site Coverage Total Land Area = 653,400 sq. ft. Proposed Building Area = 98,795 sq. ft. Total Site Coverage = 15% C-3 Maximum = 40% Building Setbacks - All buildings shown on the preliminary plan have adequate setbacks from a public street and have areas set aside for front yard landscaping. Paved parking and driving areas may cover only 60% of the 25 ft. setback required adjacent to a public street. This green space requirement will be reviewed at the final site plan review stage. It appears that a 20' paved access road for fire apparatus has been provided around the back of each building shown on the plan. Parking - The parking ratios shown on the preliminary plan exceed the City's requirements for retail space. Parking requirements for restaurants on individual outlots would be determined on an individual basis at the final plan review stage. It appears that on Lot 1, Block 1 (a proposed restaurant site) there is not sufficient stacking space for vehicles at the ordering station. There is a potential for vehicles entering from the south to be stacking in the frontage road (a public street). This could be addressed by repositioning the ordering station or closing the south driveway entrance. Signage - The preliminary plan shows only one (1) free-standing pylon sign at the northeast corner of the development. No proposed height or size was indicated. The location of the proposed pylon sign could be problematic if the sign is intended for an off-premise business. Off-premise advertising signs are not permitted in the C-3 district. Signage plans for individual building sites would be reviewed and approved at the final site plan review stage. CITY OF SALINA REQUEST FOR COMMISSION ACTIO~ / 6 / ~-~ TIME 4:00 P.M. AGENDA SECTION: iORIGINATING DEPARTMENT: APPROVED FOR NO. AGENDA: PLANNING & DEVELOPMENT ITEM NO. Roy Dudark Page 4 BY: BY: Landscaping - Site Perimeter - The preliminary plan does not propose or show any landscape plantings along the 9th Street frontage of the site but a 10' - 15' wide strip of green space is shown along the eastern boundary of the three (3) outlots adjacent to 9th Street. Individual landscape plans for these outlots will be reviewed at the final plan review stage. The plan shows some trees and shrubs along the west side of the frontage road north of Belmont and along the private access drive leading west of Belmont. The plantings shown are Crabapple (Ornamental) and Maple (Shade) trees and Spirea bushes. No landscaping is shown south of Belmont which would be the final phase of development. A more detailed landscape plan would have to be approved for the building sites west of the frontage road as well. Parking Lots - Proposed landscaping is shown around the perimeter of the parking areas west of the frontage road and at the ends of parking rows. Staff would recommend that the final site plan show additional islands and landscaping in the interior of the west parking areas in order to improve the appearance of the lots by breaking up the wide expanse of asphalt and to provide shade for cars and the lot surface thus reducing heat build up. Islands could be located around parking lot light poles. Detention Pond - No landscaping is shown around the proposed detention pond in the northwest corner of the site. Streets/Access - The primary design feature of this proposed development is the relocation of the frontage road 240' to the west. Starting at the south property line, the existing frontage road would be removed and replaced by a new frontage road that would curve away from 9th Street. This design would create more stacking space for vehicles entering the 9th and Belmont intersection and is intended to avoid another 9th & Saturn situation. CITY OF SALINA REQUEST FOR COMMISSION ACTIOn/6 / 9~AIE ~ME 4:00 P.M. AGENDA SECTION: ORIGINATING DEPARTMENT: APPROVED FOR NO. AGENDA: ~LANNING & DEVELOPMENT ITEM NO. Roy Dudark Page 5 BY: BY: Belmont Blvd. would be extended 240' to the west from its existing intersection with 9th Street and would terminate in a T- intersection with the frontage road. Belmont extended would be a 41' wide street with a center turn lane. The two 9th and Belmont outlots would each have a single entrance off of Belmont. A 36' wide private entrance drive would lead from the intersection into the commercial area west of the frontage road. Defined driveway entrances and the use of curbs and islands should help disperse and channel traffic down individual parking aisles and somewhat discourage "cut through" in the parking lots. As noted, fire lanes are proposed around the buildings for emergency vehicle access. No separate access or driveway is proposed for delivery and service trucks. If any development on this site is proposed which is substantially different than what was proposed on the preliminary site plan a new public hearing and the submission and approval of a new site development plan would be required. Planning Commission Recommendation The Planning Commission conducted a public hearing on this rezoning request on April 17, 1996. Following presentation of the staff report and comments from the applicant's representatives and neighboring property owners, the Planning Commission voted 5-0 to recommend approval of Planned C-3 zoning and the preliminary site development plan for this 15 acre site subject to the seven (7) conditions contained in the attached ordinance. The Planning Commission offered the following reasons in support of their recommendation: 1) The proposed zoning map amendment is consistent with the intent and purpose of the zoning ordinance and 2) The proposed map amendment is favorable to the public health, safety and welfare of the city. CITY OF SALINA REQUEST FOR COMMISSION ACTIO~/6/9~TE IIME 4:00 P.M. AGENDA SECTION: ORIGINATING DEPARTMENT: APPROVED FOR NO. AGENDA: PLANNING & DEVELOPMENT ITEM NO. Roy Dudark Page 6 BY: BY: City Commission Action If the City Commission concurs with the recommendation, the attached ordinance should be approved on first reading. The protest deadline expired on May 1, 1996 and nothing was filed. Second reading would be scheduled on June 3, 1996 along with the final plat. If the City Commission disagrees with the recommendation, it may: 1) overturn the Planning Commission and deny the request provided four (4) votes are in support of such action; or 2) return the application to the Planning Commission for reconsideration citing the basis for disapproval. Encl: Application Vicinity Map Site Plan Excerpt of Planning Commission Minutes of 4/17/96 Ordinance No. 96 - 9736 cc: Leon Osbourn Phil Bundy Wally Storey 95-1773 PUBLICATION DATE No Later Than March 21, 1996 APPLICATION NO. #Z96-4 HEARING DATE April 17, 1996 DATE FILED March 15, 1996 VICINITY MAP ATTACHED Yes FILING FEE $325.00 OWNERSHIP CERTIFICATE RECEIVED Yes RECEIPTNO. ur.(.,~(~ ~ ~,~-Iq'~(,~ (INSTRUCTIONS FOR COMPLETING THIS APPLICATION ARE ON THE REVERSE SIDE OF THIS FORM) APPLICATION FOR AMENDMENT TO THE DISTRICT ZONING MAP (REZONING) 1. Applicant's Name: Leon Do Osbourn 2. Applicant's Address 2319 N. Jac~on PO Box 1304 Junction City, KS Zip Code: 66441 3. Telephone (Business): 913-762-5040 (~¢9'~Y ~-' 91_%-762-7744 4. Owner's Name: DicJdnson ~C~r~f-'~n9 C'r~_.. Inr' 5. Owner's Address 5913 Woodson Rd, l~s~ion, ES Zip Code: 66202 6. Legal description of property to be rezoned (attach additional sheets if necessary): Lot(s) **SEE ATTACHED SHEET FOR LBLT~ DESCRIPTION** In Block No. In Subdivision Metes and bounds description if unplazted (a Surveyor's Certificate must be filed with this application and if approved will be required to be platted): 7. Approximate street address: South 9th Street and Belmont Bivd, Salina, Kansas 8. Area of property (sq. ft. and/or acres): 647,991.36 SF / 14.88 acres 9. Present zoning: A-1 Use: VACANT (Old US 81 Drive-in %~neater) 10. Requested zoning: PC - 3 Use: Planned Commercial Develols~ent 11. Are there any covenants of record wh ch proh b t the proposed development? (Al:ta(;h CODY)'__. No To facllztate proposed 12. List reasons for this request. (Attach additional sheets if necessary): commercial 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) With the relocation of the frontaqe road and the existinq traffic signal at Belmont, traffic impact will be minimal. 14, Will there be sufficient off-street parking provided for the requested use? Ye~ Explain: 15. List exhibits or plans submitted: Site Developr~ent Plan, Preliminary_ Plat PROPERTY OW~~,~. / APPLICANT'S ~_~.~ SIGNATURE: //'/J~/'2~''- ~ - SIGNATURE: ' ~OOD 6I~KINSO~-N-----'- 5~N D. 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: ADDRESS: ZIP CODE: TELEPHONE (Business): AREA CODE: White - Planning Canary - City Clerk Pink - Inspection Gold - Applicant (Rev. 8/84) 101 (PLEASE DO NOT DETACH) March 11, 1996 96-1773 DESCRIPTION FOR REZONING A tract of land located in the Northeast Quarter of Section 35, Township 14 South, Range 3 West of the 6th Principal Meridian in Saline County, Kansas and described as follows: Commencing at the Southeast corner of the Northeast Quarter of said Section 35; thence N 89046'32'' W on the South line of said Northeast Quarter a distance of 77.05 feet to the Northeast comer of Shoney's Addition to the City of Salina, Saline County, Kansas, said point also being on the West Right-of-Way line of South Ninth Street (Old U.S. Highway 81) and being the POINT OF BEGINNING of the tract to be described; thence N 89046'32'' W on the North line of said Shoney's Addition a distance of 898.98 feet to the Northwest comer of said Shoney's Addition, said point also being on the East Right-of-Way line of Interstate Highway 135; thence N 00014'55'' W on said East Right-of-Way line a distance of 720.06 feet to the Southwest corner of Lambertz Addition to the City of Salina, Saline County, Kansas; thence S 89°47'17'' E on the South line of said Lambertz Addition a distance of 906.06 feet to the Southeast comer o£said Lambertz Addition, said point also being on said West Right-of-Way line of South Ninth Street; thence S 00018'52'' W on said West Right-of-Way line a distance of 720.40 feet to the point of beginning. Contains 14.92 acres, more or less. SUBJECT TO Easements, Reservations, and Restrictions now of record. END OF DESCRIPTION _ ~ _ ~~ APPLICATION #Z96-4 ~ FILED BY PHILLIP BUNDY I I~'1 -- REQUEST AREA , . ........ '.. ~.'.',.~.~' ..'...'. : .....:... ,:;.,..~.~'.:.. :' ~:..' :'. ,,..'... . . ..~.~:....:.:~ ~.r.:~,."r ,.~:~ :~:,~'.~ .,. ~ .,.,'~, ?;:,. ~:.':~,. ::.', ',.v.,,,....; BELMC~NT . ~..' .' ","."... ,.,.,.:.. :.4... ..... BD . ",:~': :.~,'~'"' '::~'.' : .:'" ':' ~'. ': .': '" ':..:.. 1 INCH = 400 FEET Staff Recommendation Staff would recommend approval of this application for Planned C-3 zoning and the preliminary site development plan for this 15 acre site subject to the following conditions and revisions: 1. Uses shall be limited to those liSted in the C-3 regulations and shall be subject to all bulk and use limitations in the C-3 district. 2. Signage on the site shall comply with C-3 regulations. 3. A final plat shall be approved prior to final approval of C-3 zoning for the site. 4. The developer shall be responsible for the extension of Belmont Boulevard and the new frontage road shown on the site plan drawing. 5. A final site development plan and final landscape plan for the entire development or for each individual building site containing all required revisions and amendments shall be approved by the Planning Commission prior to issuance of any building permits. 6. A building permit for Phase I shall be applied for within 18 months of the approval date or the approved development plan shall become null and void and the zoning shall revert to its former classification. 7. Development of the site, including landscaping, shall conform to the approved site development plan. MINUTES SALINA CITY PLANNING COMMISSION CITY COMMISSION ROOM APRIL 17, 1996 4:00 P.M. MEMBERS PRESENT: Allen, Blevins, Duckers, Larson, and Umphrey MEMBERS ABSENT: Brown, Hardman, McCoach and Morse DEPARTMENT STAFF: Dudark and Barker. OTHERS: O'Leary The Hearing began at 4:00 p.m. #1. The minutes of April 2, 1996 were approved as presented. #2. Application #Z96-4, filed by Kaw Valley Engineering, on behalf of Phil Bundy, requesting a change in zoning district classification from A-1 (Agricultural) to PC-3 (Planned Shopping Center District) for property located south of Mid-State Mall and the Lambertz Addition between S. 9th Street and 1-135. (Old 81 Drive In site). Mr. Dudark gave the staff report and stated this item and the next one which is the plat, if it would be ok I would like to give the staff report as a combination here, we can get all the issues and perhaps the people interested in this can speak to the whole project and go from there if it is alright. This property as the chair has pointed out is 15 acres, the Old 81 Drive In theater on the west side of 9th street, you have the Chevrolet dealership immediately to the south. There is a vacant 10 acre tract immediately to the north and then north of that is Capitol Federal and Food 4 Less and the Mid-State Mall. This property, Belmont Blvd., comes into the middle of this at 9th Street. Of course right now it just goes across to the frontage road and then ends right there. The application is for planned commercial and what they have is a layout that relocates the frontage road. That is the most significant feature of this plan. It extends Belmont about 240 ft. west into the tract and takes that frontage road that now comes up right at 9th Street, removes that and makes a kind of sweeping curve and comes back into Belmont extended in a T-intersection and then continues that onto the north edge of their property. What you end up with is something very similar to the Sam's and Target situation where you have the frontage road that is moved behind the first tier of lots that become outlots. With the frontage road in behind the lots it exposes that rear property to street access which with a traditional frontage road it is difficult to get that rear property accessible to a vehicle. It also improves traffic safety and I think from the City standpoint, is the paramount feature of this plan. Our highest rate of accidents at any intersection in the city is Planet and 9th Street there where McDonald's is, Taco Tico and what you have is congestion, people getting frustrated and then taking chances of pulling into traffic and trying to negotiate that very tight situation. There is no stacking room in that area. This plan by creating an elongated Belmont gives you some straight on stacking room so that you don't have that turn right there at the intersection like you Salina Planning Commission April 17, 1996 Page 2 would today or even if it were continued on to the north of this, the frontage road you can see at the very top of the screen. The next t~act which is the Lambertz Addition when it was platted in the early 1980's it was with a 40' right-of-way right next to 9th Street so that wouldn't connect with this relocated frontage road, however it could be abandoned, vacated and relocated from the west to line up with this which would give access to that property to Belmont and to 9th Street, which ks what the City's obligation is, which is to provide access to 9th Street via a frontage road through this property although in a different location. This property being zoned A-1 Agricultural is not similarly situated to other developments in the vicinity therefore a change of zoning is called for. C-3 is a shopping center request, that ks what the property to the north is zoned, some of the other properties are zoned C-5 and we felt that a C-3 district was probably more suitable for the type of development that they are planning. If there is any need to look at C-5 use in the future, they could look at it on a lot by lot basis rather than an entire area so they would always have that flexibility. The surrounding uses I think are very compatible with this area, the city has existing utilities, there is a water line in front along 9th Street that they could hook into, take that into the property, bring it across in front of the rear buildings, create a loop system have the fire hydrants appropriately located. There is a sewer line right in Belmont and 9th Street, they can connect to that and bring that straight west to serve the rear property and turn it north up the frontage road to serve those two lots to the north, so the city has existing utilities in this area to serve this. The drainage plan is to drain the property to the west. They have a storm water retention pond plan back there behind those three buildings that you can see are connected and that will retain the water and then it will be discharged to the north eventually going up behind the Mid-State Mall, Magnolia Road and then west to Dry Creek so they will retain the runoff that would result from building and maintain it in a pond that would be designed to meet their drainage study that the engineering department will review. The Comprehensive Plan shows this area as commercial mixed development. That means that this large deep tract could be used not only for retail but some office space and perhaps multi-family. They are not proposing any multi-family but we believe that the plan that they propose is consistent with that designation. There is a possibility of a motel in this area that is semi-residential so it is kind of an office park setting with retail uses and perhaps some motel uses in the rear. We don't know what the uses might be in the south area. It might be retail or light office use. This plan is more of a master plan which more or less outlines the entire development and they would have a final site plan for each tract when ready to develop it much like we did with Red Lobster or Appleby's to have an overall plan and come in with each phase as they are ready to propose a final plan for that site. On this plan they show a pylon sign that is located at the northeast corner. C-3 if you remember only allows on-premise signs to advertise that business. When that came up in the area around Sam's, Target wanted Salina I)lannlng Commission April 17, 1996 Page 3 a sign out on 9th Street so they submitted a request fox C-5 designation, but with C-3 uses except for that off- premise sign, and so it is a way to look at an individual exception to the C-3 standards for a particular purpose so when that happens you are able to see that sign and they will present a plan drawing, a location and you are able to measure that on a specific type basis rather than just zoning it C-5 and that would open it up for any kind of advertising sign including bill boards, so this will give you some discretion over the signage without opening it completely for advertising signs. I think the idea is to try and have a sign for the large rear lot that might be on the 9th Street side, so it is not completely opening up the advertising of something throughout the City. On the final plan that they submit, there would be landscaping plans, here it is more or less conceptual they have just an idea of about where the green areas might be, the parking lot islands and that sort of thing, There would be some green space along the 9th Street area that may be grass or whether or not it would be landscaped or planted is yet to be seen. Our recommendation on the zoning is to approve this with the 7 conditions listed, primarily these deal with the C-3 uses, having a final plat approved before the zoning takes effect. The developer would be responsible for the street and utility extensions. I need to mention that the City Engineering Department is recommending that the City remove the existing frontage road and be responsible for the equivalent lineal feet of that frontage road to be relocated because that was special assessed once. And because there is a public purpose of moving this back as far as a traffic safety, they feel it is a city obligation to assist with that rather then assess them for the same segment of street twice. So that is being reconunended by the Engineering Department on that segment of frontage road which is shown in the grey area there in the bottom right-hand corner. With planned commercial you have to do Phase I, get a building permit within 18 months and then that validates the zoning for the entire property following that. Then the subdivision plat before you on the screen shows where the blocks are, there are three blocks, five total lots and it shows the utility easements, you can see where the water line goes on the south side and then turns north and kind of jogs and continues north and goes back east along the north property line back to 9th Street. The sewer is extended down Belmont to the west and then ends down there in a manhole, so that is the utility plan and you can see on the far west there is a drainage easement and a detention pond. I would like to just put one more drawlng on the screen to illustrate this continuation of that frontage road to the north. The bottom half of the screen there is this tract and that is the Belmont Street extended and then this frontage road and then there the Lambertz Addition would be the line and that would be approximately approved as drawn the extension of that frontage road which would then curve and come back out to 9th Street. Right now there is restricted access all along that frontage road so even though that may be constructed there is no driveway opening to 9th Street and so access to that property is dependant upon the cooperation of the abutting property owners, it is the Salina Planning Commission April 17, 1996 Page 4 City's feeling that if this plan were adopted that there could be an opening to 9th Street because you have a safe alignment of that frontage road rather than having it abutting with that road in a parallel kind of fashion so that would we believe improve traffic access to this property immensely than what exists now. It may even be possible to make a median break in the middle of 9th Street and be able to cross over there or make a left turn out of this or into this from the south. If you are in this area now and you are coming south on 9th Street you have to go all the way to Belmont which is a half mile from Magnolia to make a left turn, so now with the Sonic and the Cotton Patch and those businesses over there, the traffic has to go down to Belmont to make that sharp U- turn and head back up north and that is congested as it is, with a median opening here you could make a left turn at Key Avenue and then get over to that neighborhood into that strip of commercial uses on the east side of 9th Street without having to go down and go through the Belmont intersection. In the future we are going to be looking at a corridor study from a traffic design standpoint to see if that median is feasible and if it is a safe design. It is one thing to open up a street so that you can make a right in and a right out. It is another thing to make a median so that you can have left turn movements, that is what has got to be looked at to see if that can be done and whether or not that will be a safe type of design and whether or not a traffic signal would be needed so I think that is in the future as to whether or not that is done, but we think that this is a great improvement in terms of traffic safety and development of exposing the rear properties and getting the best use of this property because it is 900 feet deep. By putting that road back in that area you are able to not only have a tier of lots right along 9th Street for your high visibility uses you are going to have a street in behind to get traffic to the rear of the tract. Our recommendation is to approve the preliminary plat that is presented today with the 2 conditions in your report. Mrs. Duckers asked are there any questions of staff? Mr. Allen asked Roy does Key Avenue continue to the east there on the other side? Mr. Dudark stated yes it is a residential street east of the frontage road that goes into the housing area. Mrs. Duckers asked are there any other questions? Hearing none would the applicant care to make a statement. Sam Mallnowsky, KAW Valley Engineering, I don't have any presentation, we are in agreement with everything that staff has recommended. I would be happy to answer any questions. Mrs. Duckers asked are there any questions of the applicant? Hearing none are there any interested citizens that wish to make a statement either pro or con in regard to this rezoning and the approval of the preliminary plat? If so please state your name and address. Sallna Planning Commission April 17, 1996 Page 5 Vern Lambertz, Wichita, I am opposed and I would like to give you a few reasons why. Back in 1967 I came to Salina to do just exactly what is being done today, to select a site for a shopping center and it eventually evolved into the Mid-State Mall. At that time it was in the County and we got permission to go ahead and build and the City would take it into Salina. I then acquired the rest of the land which is on either side, the Lambertz Addition is part of the original plan. We thought we were zoned until 1982 or 1983 and we found out we were not zoned that only the Mid- State Mall site was zoned. Our plat for zoning was a little bit different than what got approved and at that time we suggested a crossover street realizing of course at the time that it would be almost impossible to get it also realizing of course that the state or federal government or the city whichever it is has whole jurisdiction involving crossovers, they can vacate them or open them whenever they wish. Seems to me it is something like a district request if it is necessary as needed. So we platted in keeping with that and I would like to show you the letter of the request. In keeping with that request paragraph two item number one it says "No break or restricted access along S. 9th Street will be permitted. The frontage road connection at Belmont Blvd. and S. 9th Street intersection is a continuation of the frontage road north, all adjacent to the Capital Federal Subdivision will provide access to this subdivision. City records indicate that the access to this tract was purchased by KDOT the Kansas Department of Highway in August of 1950. Delete all records of turnout and crossovers in the plat." At that time much the same discussion was had and it was fairly thorough that to create a crossover at Key Street and we didn't call it Key Street at that time but thought a crossover at that particular location would create a terrible traffic hazard and during the last 40 years my experience with shopping centers is that they do create some traffic, they bring business to the City we are going to one day sacrifice ourselves out I guess I should say that we think that two crossovers within a 1/4 of a mile is what we think is good planning. We believe that the frontage road as it exists and is proposed is apt to be well received by merchants as well as by us it was proposed to be a 40 ft. which we dedicated or deeded whichever the case may be was dedicated in a plat. I presume that if we were to go along with this frontage road change then our plat would have to be redone. And I think that is probably necessary to vacate the frontage road and therefore I don't know really well but I do think that that would be necessary and would be appropriate. The traffic pattern of Salina has improved greatly and increased greatly in the last 30 years since we started developing Salina. It is not as great as it is going to be as years go on and Mr. Dudark commented on the stacking of traffic and I think it probably will stack but I think the further away the two stoplights can be would be better for stacking to be relieved. People will stop and go the length of light and so forth, but I am not a traffic engineer. The only experience that I have had throughout the 40 years of people buying or leasing sites want less entrances. They are satisfied with the limited access. I think the Mid-State Mall only has one entrance to Mid- Sallna Planning Commission April 17, 1996 Page 6 State Mall from 9th Street and I am sure it handles the on-site traffic which is what we usually recommend. It is my opinion that it should be retained as is, receiving the notice that I received I immediately tried to find out who owned property and I know some. I talked with Mr. Scott and Mr. Joe Conklin and asked if they had received a similar notice that I received and the answer was no, that is the automobile agency to the south which is on the frontage road. Joe Conklin told me two or three weeks ago that he was satisfied with the way it was and is. I talked this morning to Scott Conklin and he said that he would like to see what I had to send and I faxed the information to him, I have not heard back from him as yet. The frontage road was and has been completed from basically Belmont Avenue down to Wal-Mart in order to accomplish a favorable development in the area. The dept of the site doesn't worry me. We handle the traffic on the site as it is designed. Our plan shows not exactly continuation of the Mid-States Mall because there is no connection between the ownership but it is to make stores going south from here where the old Ward Store was and the Hobby Lobby and so forth. I believe that would do better for it. In my opinion to go straight into our site at the location that is shown and I don't have the plat in front of me, we almost show that we would have maybe a 50 or 60 ft. site between where the T-Street would come in, it might be 100 ft. but it is small adjacent to Capital Federal. Presuming that Capital Federal might not know either and incidently I called and learned that they had not been notified which when Capital Federal filed their plan, it too was demanded to have 40 ft. frontage road, so all in all it was planned to go that way. My person opinion is I am not a Traffic Engineer and I would be willing to talk to any of them and the experience that I have had is that traffic is handled in most towns quite aptly where they do have frontage roads and where they do have them cross over. Another illustration that I will tell you, it is one that you know about, we developed East Gate Shopping Center about 41 or 42 years ago in Wichita, we have one cross over into a 26 acre site, 250,000 sq. ft. of floor space and it serves it adequately. Yes I am sure that we have accidents as you do in Saltna, it depends on the driver if he can drive or not. At the time that we developed Eastgate, frontage roads were just then being introduced to Wichita. We had people approve the crossover and approve the plan as JC Penny and other major national branches with concern which I think the same would be approved here, I also would like to say that the unified developments where they handle the traffic on their own land are generally pretty well satisfied. The tenants the owners or whoever they might be a bunch of people on the plat, they get together and they maintain their entrance and exit road, driveway or whichever you want to call it. They move the snow when they think it is necessary not when the city can get to it. It takes that responsibility of the city. I think that would be an important part to any retailer and it would be in my case, we as a real estate broker are told to tell people all we know if we don't know we are supposed to find out what might be wrong and that would be one of the things, getting the snow removed and ~t is a shopping center we Salina Planning Commission April 17, 1996 Page 7 contracted for it every year to take care of the very center of the aisles and that way we can get the customers in. The other factors that I think might be of interest to you, I don't know who is going to pay for the meandering frontage road and the maintenance of it the cost of construction the cost of keeping it clean I am sure it is going to be the tax payers, it may be assessed only to the people that own the site but I doubt it and I don't want to see myself pay more taxes than what is necessary and I go a step further to say that I would be happy to cooperate, I have talked with Mr. Lacey and Mr. Storey about this matter back in October and express my concern then and also wrote on October 16 Mr. Hoff of your city and have correspondence from Mr. Dudark and some of the things that are in here is a complete reversal of what we were sold on because we were happy with what we got and I think that the frontage road being completed from north of our land which is presently the Capital Federal Bank we are tied in yet to the parking lot to the north and also I would say just pointing to it the distance between the frontage road is diagramed into our site I doubt that it is 60 ft. but it may be, it may be 100 ft. But if you look at it and carry it on further north we would almost have to move Food 4 Less and probably Capital Federal in order to get that in there. The dept of this site doesn't worry me. It is good depth, 250 ft. scares me and have for years just as a pedestrian. But in handling shopping centers it is almost a nightmare it creates entrance and exit. Some comment was made that it puts the businesses closer to the road, good, bad or indifferent, if I were asking a business I wouldn't want a business within 25 ft. to 50 ft. of the road I would want to sit back at least 65 ft. or 70 ft. and why so I could be seen better, so people could come in a park in front of my business and so forth. I could think of better ideas, these people that are doing things in that business, I would be happy to answer your questions and I would also state that these people not being notified that are adjoining property owners and I think the law says a certain number of feet that was complied with, but in instances such as this I think the owners of Mid-State Mall should have been notified, Capital Federal and the Conklin car shop all the way down to Wal-Mart, I am sure they all want this information and I think what is proposed is not in keeping with what I feel is good neighboring, lets do it the way it was planned and I doubt that the State or County or anybody else would let the crossover be installed and if they did there would be no assurance that it was going to be open by the time I die. By the time of you younger people die then it might be feasible, please consider thoroughly and don't act hastily on what I said or what has been applied for and I will be happy to visit with you on an individual basis and take as much time as you want anytime, and I have made myself available and I have written Mr. Dudark and I contend that we want to be good neighbors, we have always been good neighbors, we haven't developed any junk and we don't plan to start and with what has happened on 9th Street at Magnolia at the time that we got our zoning it is too far out in the country, it is not the right location but my intuition and my studies indicate that that was the one best location in Salina Kansas for a Salina Planning Commission April 17, 1996 Page 8 shopping retail center and my opinion has been somewhat proven as you know with the Eastgate mall. Mrs. Duckers asked are there any questions of Mr. Lambertz? Hearing none are there comments from other interested citizens? If so please state your name and address. Mr. Wally Storey, I am speaking on behalf of Dickinson Theater who owns this company. When we entered into this agreement and started on our development of this shopping area, we spoke with Mr. Dudark, Mr. O'Leary and Mr. Hoff because we were concerned about the traffic stacking problem that you have at Belmont and S.9th and it is a very serious problem, if you go out there today it will scare you half to death. Consequently through their suggestion and what has worked with Appleby's and Red Lobster and so forth, we elected to do this as to the pavement of the street that will paid for by the owners of the Dickinson Theater property. Mr. Bundy owns the whole north half and the outlot, they will have a prorated share and the remainder of the south half which was sold into individual lots as to one developer that will all be shared by each individual owner. And I think we spoke to Mr. Lambertz as he mentioned, we made two trips down there to visit with him and work with him on this and we feel to eliminate, as Mr. Dudark has drawn, entering out onto Key ks probably the best thing that we can do to eliminate this traffic problem. When Mr. Lambertz sells his property you know that and whatever engineering he does and we have asked Mr. Appleby to do his design or whoever he will have to design within that property but we think in answer to his question as far as snow removal and pavement of the street falls here. Mrs. Duckers asked are there any questions of Mr. Storey? hearing none are there other interested citizens who care to make comment? Hearing none I will bring it back to the Planning Commission for consideration and possible action closing the public portion. Mr. Dudark have we received any correspondence? Mr. Dudark stated I would like to respond to that, I talked to Capital Federal and to Mr. Appleby and the Mid- State Mall, and to my knowledge we sent the notices to everyone within 200 ft. and probably on the car dealership it may have gone to the titled land owner rather than the new business owner, I don't know if there has been a deed filed yet or not so we are only using existing information that we have available in the County records. I believe that we sent letters to everyone that we were required to. I also sent a letter to Mr. Lambertz back in November about this plan and outlined these ideas. I think the location of frontage roads right parallel to a four lane arterial very close is a 20 year old plan and if you are familiar with Kellogg in east Wichita you have the frontage road that is right next to the road it is a abomination as far as traffic circulation. You can hardly get off and on the street closest to it. We have that situation here at Saturn and 9th and we don't want to repeat that. I think the reason why in 1983 that his Salina Planning Commission April 17, 1996 Page 9 letter said no access to 9th Street was because of the location of the frontage road being right there, we don't want that to come in and turn immediately when you are trying to get lined up in front of the green light, it is just difficult so that is the reason why there is restricted access all along his addition and also Capital Federal. That frontage road doesn't go anywhere once it goes to the north of Capital Federal it is on private property. There is no continuation of that platted frontage road, you may never get access out up to the Mid- State Mall opening. The other thing I wanted to say as I said earlier we are only talking about a connection to 9th Street. The median break and the crossover has not been decided we are going to have to study that. That is really part of this corridor planning to see if it could be done and when and if it is done whether or not a traffic light is needed there so at this point we are only suggesting the opening which will be a right in and right out movement which is a fairly safe movement. In our opinion that is the only way you would want that is if you had some stacking to make that and wind up in somewhat of a 90° orientation and so our opinion is this is beneficial to everyone including the motorists who are going to be using this. We are very much in favor of this relocation of the frontage road. Mrs. Duckers asked the frontage road has nothing to do with the rezoning of this property is that correct? This has bogged down into the preliminary plat is that right? Mr. Dudark stated right. Mrs. Duckers asked was there not a sign posted out in that general area that the businesses in that area should have seen? Mr. Dudark stated right, we placed it at the end of Belmont I believe. Mrs. Duckers stated having traveled a great deal in Texas they have marvelous frontage roads they almost parallel the interstate and they set back so they are not in the way. Mr. Dudark stated it is our understanding that KDOT is not in favor of frontage roads that are adjacent to the arterial streets. Mr. Larson asked Roy on Capital Federal on the right-of- way to the east of their property would having a frontage road right-of-way is that going to land lock them in? Mr. Dudark stated they have no access across the mall property now, they have an easement for their customers and employees to use so they don't really have to have a frontage road to do business. The only thing they would look at is whether or not they wanted to construct the road that would connect with this new one when and if the Lambertz Addition were to put that in and that is really down the road. Would it be on the east side of Capital Federal or perhaps would it be in between Food 4 Less and Salina Planning Commission April 17, 1996 Page 10 Capital Federal coming in kind of at the curve of the street. There are various options here about how to tie in Mid-State Mall and Capital Federal to this new street whether it is right at 9th Street or a little ways back west. Mr. Umphrey stated but all of these options involve the Lambertz property is that correct? Mr. Dudark stated that is right they do. Mr. Umphrey stated you are proposing to change this frontage road so that it deadends against the south end of the Lambertz property and then if he ever develops it he must conform to the new routing of the road is that really what we are saying here? Mr. Dudark stated that is really what we are .saying and the reason for that is that the only frontage road that we really have is this one across the Lambertz and Capital Federal with no real outlet. Mr. Umphrey stated but we have it, the frontage road north of there along where Waratta Buick and McDonalds and that stuff is and also south of there is almost adjacent to 9th Street. Mr. Dudark stated north of there of course is north of Magnolia. Mr. Umphrey stated I am not clear as to why we suddenly need to back away from 9th Street all these extra feet when we haven't done it north of here or south of here. Mr. Dudark stated because of the problems that we have encountered with the traffic accident rate of having these roads right in proximity. Even the east side of Belmont there, Kwik Shop and the skating rink it is very difficult to make that turn and turn back again when you have traffic moving through. Mr. O'Leary stated Commissioners our highest accident location in Salina is the corner of Saturn and North 9th that is where the McDonald's is and the main entrance to the Central Mall, we are experiencing over 30 accident a year at that location. We have tried a number of things and there is only so much that you can do. I don't think Salina's problems with that concept of close proximity roads is unique, Wichita has that experience and so does Kansas City. As Roy mentioned, the Kansas DOT has departed from that as most transportation professionals in this country have, not from frontage roads, frontage roads are a very good thing. We want the traffic to get off the main arterial street and into the various commercial and residential area. It is that close proximity to the frontage road and the problem lies in where you intersect the two. The frontage road itself is not the problem but where those two intersect in this case at Belmont. Belmont was another one of our high accident locations until we installed the signal system there in 1991. At that time we couldn't do much with the east side of the Sallna Planning Commission April 17, 1996 Page 11 intersection, that was already developed and in place. We did our best but we did so on the basis that we might be able to correct this when this property came before you and that has really been our intent ever since that time and we actually initiated that discussion with this developer and anyone else since that time that has come to us. We are very adamant about this. We feel very strongly that this sort of concept has to be adopted. Mr. Umphrey stated I would like to hear another comment from Mr. Labertz about how he feels about this new concept having to be adopted. Maybe I am still out in the cold but I don't understand why, if we are considering a zoning change for property adjacent to you why we need to use your property to solve the problem. Do you understand that? Mr. Lambertz stated sir if I did I wouldn't be here, I don't think it is necessary, that is the reason that I am here, I would say in my opinion, we gave, dedicated whatever means it was the frontage road was then the proper way and I don't know this gentleman over here (Mr. O'Leary) but would you rather have a frontage road along side 9th Street or have a business built within 30 ft. to 40 ft. of that same street? And some day when the town grows the traffic is going to be condemning those companies to get in and out of. I think that the frontage road is a good system. The site that I gave you of East gate I think the traffic is 40,000 a day and one cross over handles it pretty well. I can't tell you if we have 30 or 40 accidents there, I am not aware but I can find out. I would say that I don't see any reason to change it now, I don't think it is convenient I think the developers of the old theater can handle their own traffic on their own property, I can handle mine, I plan to handle mine, I don't want to have to make the City of Salina have the burden of handling mine and I understand your question but by now I don't know. Mrs. Duckers stated Mr. Lambertz as I am reading your comments, you are for this project and everything, but the only hang up is this road, is that correct? Mr. Lambertz stated ma'am I would love to see them get their zoning and development, the frontage road is my hang up. Mrs. Duckers asked ok is there an area of compromise, are you willing to compromise and work with the other developer to come up with a solution to this problem? Mr. Lambertz stated I am always willing to work with people, I don't see this as a feasible solution for me today or for the development we have or really for Salina. I don't know, I am not a traffic engineer, I haven't hired one and I don't plan to because I think that is the job of the City of Salina, but as far as letting them have their zoning it has been needed for a long time. Salina needs to grow commercially and it has grown commercially. Mr. Umphrey stated I do agree with Mr. O'Leary and Mr. Salina Planning Commission April 17, 1996 Page 12 Dudark that we do have a problem with the growing traffic snarls in that area. I do take opposition though to using a neighbors property to solve a problem that is going to be increased by the proposed rezoning that is before us today. Mrs. Duckers stated I think the first item we have to consider is the rezoning issue which has nothing to do with the frontage road, the frontage road has to do with the approval of the preliminary plat, what type of action would the commissioners like to make on the rezoning? MOTION: Mr. Blevins moved to recommend to the City Commission that Application #Z96-4, requesting a change in zoning classification from A-1 Agricultural to PC-3, on the property located south of the Mid-State Mall and Lamberts Addition be approved for the reasons that the proposed amendment is consistent with the intent and purpose of the zoning ordinance and the proposed amendment certainly appears to be favorable to the public health, safety and general welfare of the city along with the seven staff recommendations. SECOND: Deane Allen. VOTE: Motion carried 5-0. Mrs. Duckers stated now we will take up the second item which is the approval of the preliminary plat and this is ~ pretty well covered except the two things are related to each other. The dissention seems to be this road. ~Mr.~Dudark stated I would like to make a couple more ~omments if I may. In my opinion one of the reasons the L'a4nbertz Addition has not developed like other tracts is because of this very frontage road. There is no access to ~L.~this p~perty~ from 9th Street. You can't even get lnto~ the prop~x~y. The City, the staff at least is p~epared---to ~ommend the opening to 9th Street as longz~s ~tt f~ontage Rd is setting right next to 9th s~eet. That . i~ ion goo~ck~,traffic safety planning. /~e are searching for a way t~ enable Mr. Lamberts whic~s beyond me to allow him to have~ market for his la~ and have an opening t0 9th Street~whi~k he doesn't ha~e now. He has not invested in the fron~age~.ad, he~s not even built it yet so he has not built a ro~ t~% he has to abandon, he has not had any investment in%~W~,plan drawing, it is a very simple replat drawing so ~ust ~ql't see the reason, sure it requires his coop~tion but i~b~ is to his best interest to do a coope~ive arrangement~X]ko get a road through this development and get it attached to 9th Street, and that j~hld enable someone to take"~-~ closer look at his land~/ Mr. Blevin/s~ stated I think this particular matter i~ somewha~/z~f a~ example of the early bird getting the worm the p/~zO~ert? has laid vacant for quite a bit of time. We h~a dey~lop%r in here finally making some initiative to /z~evelop jt _and there has been opportunity for the two ~ ow.ner~ of the property to get together and it appears to not have been successful and the proposal looks very