12-10646 Premier Addition vacation lot 1 block 1Summary published in The Salina Journal on March 15 , 2013.
Pocted on the City of Cnlina wehcite from Mnmh — 20j j
ORDINANCE NUMBER 12-10646
AN ORDINANCE PROVIDING FOR THE VACATION OF A THIRTY-SIX FOOT (36')
SEGMENT OF THE PLATTED RESTRICTED ACCESS ALONG THE NORTH SIDE OF
LOT ONE (1), BLOCK ONE (1) IN THE PREMIER ADDITION TO THE CITY OF SALINA,
w SALINE COUNTY, KANSAS.
g BE IT ORDAINED by the Governing Body of the City of Salina, Kansas:
s
3 Section 1. Petition and Public Hearing. That on February 25, 2013) the governing body
convened and continued its public hearing until March 4, 2013 and on that date conducted a public
hearing (the "March 2013 Public Hearing') on an amended petition filed by American Ag Credit
("Petitioner") requesting vacation of a thirty-six foot (36') segment of the platted restricted access
along the north side of Lot One (1), Block One (1) in the Premier Addition to the City of Salina,
Saline County. Kansas (the "Property") more specifically described as:
Thirty-six (36) feet of the restricted access beginning at a point one hundred ninety-two
(192) feet west of the northeast comer of Lot One (1), Block One (1) in the Premier
Addition to the City of Salina, Salina County, Kansas (the "Restricted Access');
for the purpose of constructing a public access driveway on Magnolia Road one hundred ninety-two
(192) feet west of the northeast corner of the Property for an office building development that will
also provide shared public access to future development tract(s) on the remainder of the Property (the
"Eastern Access") instead of two hundred forty-two (242) feet west of the northeast comer of the
Property as originally approved when this ordinance was initially considered on first reading July 16,
2012 and second reading July 23, 2012 and publication was deferred pending satisfaction of certain
conditions precedent.
Section 2. Findings. That the governing body finds from the evidence presented in relation to
the Eastern Access:
(A) Premier Properties (original Petitioner) and American Ag Credit represented at the July)
2012 public hearing on the original petition (the "July 2012 Public Hearing`) that a
separate driveway entrance west of Virginia Drive at the location of the Eastern Access is
needed for the development of an office building for occupancy and use by American Ag
Credit in order to accommodate truck and trailer access into this commercial site and to
allow for on site traffic flow and circulation of vehicles with trailers.
(B) American Ag Credit subsequently determined and represented at the March 4, 2013 Public
Hearing that the location of the Eastern Access needed to be shifted fifty (50) feet to the
east to avoid an existing power pole on the south side of Magnolia Road and to eliminate a
jog in their entrance drive that would be difficult for trucks and trailers to navigate, but that
the Eastern Access would continue to be the location of a shared public access driveway
for both the current development of an office building for occupancy and use by American
Ag Credit and future development of the remainder of the Property.
(C) Although Magnolia Road is classified as a minor arterial street, Magnolia Road functions
as a collector street west of Virginia Drive due to the fact that is has traffic volumes (3,900
vehicles per day) that are much lower than typical arterial street segments in Salina
(10,000+ vehicles per day). Because Magnolia Road terminates at Centennial Road and
II the north side of Magnolia Road is primarily flood prone property, future increases in
traffic volume will be limited.
(D) The distance between the Eastern Access requested in amended Petition No. 4348 and the
intersection of Virginia Drive and Magnolia Road is adequate under current traffic
conditions because the requested break in access is a less favorable access point to the
Petitioner than allowed elsewhere in the city based upon the driveway separation standard
of eighty-eight (88) feet from a street intersection.
(E) While the site has sufficient access from Virginia Drive to accommodate most forms of
commercial development without the requested vacation of a segment of restricted access,
consideration of the Petition has been undertaken within the context of the unique
circumstances of the anticipated truck and trailer traffic as represented by the Petitioner
and American Ag Credit at the July 2012 Public Hearing and the correlation between the
anticipated development and the potential need for improvements to '.'est Magnolia Road.
Therefore; approval of the Eastern Access should be subject to the following conditions:
(1) Development and use of the adjoining site as proposed and described by American
w Ag Credit at the July 2012 Public Hearing: and
g (2) The execution by American Ag Credit of a covenant consenting to and waiving
protest of a future benefit district and special assessment financing of
improvements to Magnolia Road;
(3) Upon termination of the use of the adjoining site by American Ag Credit. or its
successors or assigns, as proposed and described at the July 2012 Public Hearing,
the public access driveway constructed within the Eastern Access should be subject
to removal or modification at the discretion of the governing body; and
(4) An access easement allowing use of any public access driveway constructed within
the Eastern Access as shared public access (the "Access Easement') should be
executed and recorded by American Ag Credit; or its successors or assigns, prior to
approval of any lot split that would create a separate building lot on the remainder
of the Property. If American Ag Credit or its successors or assigns fail to so
execute an Access Easement, the public access driveway constructed within the
Eastern Access should be subject to removal or modification at the discretion of the
governing body.
Section 3. Conclusions. That on the basis of those findings and conditions, the governing body
concludes 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 the requested vacation of restricted
access:
(C) The public will suffer no loss or inconvenience thereby; and
(D) Injustice to the Petitioner, the prayer of the Petitioner ought to be granted.
Section 4. Vacation -Conditions Precedent. Vacation of the Restricted Access is granted,
subject to the following conditions precedent:
(A) The building official must certify to the city clerk that the footings and foundation for the
facility to be occupied and used by American Ag Credit in the course of its business as
proposed and described to the governing body at the July 2012 Public Hearing have been
completed.
(B) American Ag Credit must execute and deliver to the City for recording a consent to and waiver
of protest of a future benefit district and special assessment financing of improvements to West
Magnolia Road in a form acceptable to the City.
Publication of this ordinance shall neither occur nor shall this ordinance be effective until both
conditions precedent (A and B) have been met. This ordinance shall be published upon both the
delivery of the building official's certification described in (A) and the recording of the instrument
described in (B).
Section 5. Conditions Subsequent. Ongoing use of any public access driveway
constructed within the Eastern Access by American Ag Credit and its successors and assigns shall
be subject to the following conditions subsequent:
(A) When this ordinance was first approved on second reading July 23, 2012, construction and use
of the driveway access to be constructed within the Eastern Access were made subject to the
condition precedent that the Petitioner and American Ag Credit enter into a recordable
agreement with the City prior to publication of this ordinance pursuant to Section 4(A) above
providing that following termination of the same use of the adjoining site as proposed and
described to the governing body at the July 2012 Public Hearing by American Ag Credit, or its
successors or assigns, the public access driveway constructed within the Eastern Access shall be
subject to removal or modification at the discretion of the governing body. The Governing
Body acknowledges that the agreement was executed and recorded on September 6. 2012.
a
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(B) An access easement allowing use of the public access driveway constructed within the
8 Eastern Access as a shared public access driveway (the "Access Easement`) shall be executed
and recorded by American Ag Credit, or its successors or assigns, prior to approval of any lot
8 split that would create a separate building lot on the remainder of the Property. If American
Ag Credit or its successors or assigns fail to so execute an Access Easement, the public access
driveway constructed within the Eastern Access shall be subject to removal or modification at
the discretion of the governing body
Section 6. Recording. That for the purpose of recording this ordinance with the office of the Saline
Counry Register of Deeds. this vacation of a segment of restricted access relates to that tract of real
property described as Lot One (1). Block One (1) in the Premier Addition to the City of Salina. Saline
County. Kansas.
Section 7. Summary of ordinance for publication. That this ordinance shall be in full force and
effect from and after its adoption and publication once in the official city newspaper.
Ordinance No. 12-10646 Summary
On March 4, 2013, the City of Salina. Kansas passed Ordinance No. 12-10646. The ordinance provides
for the vacation of a thirty-six foot segment of the platted restricted access along the north side of Lot
One. Block One in the Premier Addition. A complete copy of the ordinance is available at xvXvw.salina-
ks.gov or in the office of the city clerk; 300 R'. Ash Street, free of charge. This summary is certified by
the city attomev.
Introduced: July 16. 2012
Passed on second reading: July 23). 2012
Amended and passed on first reading: February 25, 2013
Passe as amended on second reading: March 11. 201
e�JeNgs.I4ayor y
(SEAL]
ATTEST:
Shandi Wicks. CMC, Deputy City Clerk