7.2 Replat Long Mac Add 1 & 2CITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION DATE TIME
05/09/2022 4:00 P.M.
AGENDA SECTION ORIGINATING DEPARTMENT: FISCAL APPROVAL:
NO: 7 '•
Community and Development Services BY. �,d
ITEM Planning Division FINAL APPROVAL:
NO: 2
1J A
Page 1 BY: Dean Andrew BY:
ITEM: Application #P22 -2/2A � P-11
Consider the acceptance of the offered easement and restricted access dedications from McArthur
Enterprises, Ltd. and the Stephen and Stacey Marshall Trust No. 1 to serve Long -McArthur Addition
No. 3, a 7 lot subdivision of a 44.16 acre tract of land located on the west side of South 9th Street
north of Water Well Road. (A combined replat of the Long -McArthur Addition and Long -McArthur
Addition No. 2)
BACKGROUND:
In February 2000, North McArthur submitted a final plat application for the Long -McArthur Addition, a
proposed four (4) lot subdivision of a 34 acre tract of land on the west side of South 9th Street. The
plat layout included a lot for the new, relocated Long -McArthur Ford dealership (Lot 3), two (2) lots for
future development (Lots 2 and 4) and a lot set aside for a stormwater detention pond (Lot 1). (A copy
of the approved plat is attached to this report).
The Salina City Planning Commission met on March 7, 2000 and voted 7-0 to approve the final plat of
the Long -McArthur Addition subject to the following conditions:
1. The applicant must submit construction plans for a stormwater detention pond on Lot 1 for
approval by the City Engineer prior to issuance of a building permit for any lot within the
subdivision.
2. Design plans for the proposed public water and sewer line extensions shall be approved and an
operational water system shall be in place prior to obtaining a building permit for any lot within
the subdivision. All improvements shall be completed prior to issuance of a certificate of
occupancy.
3. The applicant shall satisfactorily complete construction of the ponding area and shall sign and
record a maintenance agreement providing for maintenance of the ponding area and any inlets,
ditches or pumps associated with moving storm water off the site prior to issuance of any
occupancy permit for any building within the subdivision.
4. A revised plat drawing containing all technical corrections on staff's corrections checklist shall
be submitted prior to City Commission consideration of the final plat.
What is commonly referred to as the KDOT slip ramp area between 1-135 and South 9th Street was
abandoned by KDOT in the mid -1990's following the opening of the redesigned Schilling Road
interchange in 1991. KDOT's intent was to sell or auction the property off but clouds on the title
prevented them from putting the property on the market for sale. The title issues were not resolved
until 2008 and the result was that the slip ramp right-of-way reverted back to the original parcels from
which it was obtained. The southern triangle reverted back to Long -McArthur Ford and the northern
piece reverted to a parcel owned by Norm Riffel of Omaha, Nebraska providing his parcel with gth
Street frontage. Mr. Riffel incorporated the northern portion of the triangle into Riffel Addition No. 2
which was platted in 2009. Riffel Addition No. 2 is the location of the Hilton Garden Inn and is directly
AGENDA SECTION
NO:
ITEM
NO:
Page 2
north of the replat area.
CITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION DATE TIME
05/09/2022 4:00 P.M.
ORIGINATING DEPARTMENT
Community and Development Services
Planning Division
BY: Dean Andrew
FISCAL APPROVAL:
=li
FINAL APPROVAL:
[37
In April of 2019, Gary Gleason submitted a final plat application and plat on behalf of the property
owner — McArthur Enterprises, Ltd. for the southern triangle. A plat of this property was filed to create
a "lot" for a proposed electronic changeable copy advertising sign billboard and to allow the requested
zoning change to take effect so a sign permit could be issued.
The property that was platted was former KDOT right-of-way that reverted to McArthur Enterprises
and is bordered by South 9'h Street and Long -McArthur Ford on the east, Long -McArthur Ford on the
south, 1-135 on the west and Riffel Addition No. 2 on the north. The purpose of the 2019 plat was to
establish the surveyed boundaries of the property and to provide a utility easement to extend
electricity to the proposed sign.
The Salina City Planning Commission met on May 21, 2019 and considered the proposed plat of
Long -McArthur Addition No. 2, a one lot plat of a 17.60 acre tract of land owned by McArthur
Enterprises located on the west side of South 91h Street north of Long -McArthur Ford. Following
presentation of the staff report and comments and questions from Commission members, the
Planning Commission voted 6-0 to approve a combined preliminary / final plat of Long -McArthur
Addition No. 2 to create a 17.60 acre lot for a proposed electronic changeable copy advertising sign,
subject to the following conditions:
1. All technical corrections on staff's corrections punchlist shall be made to the final plat drawing
and plat certificates prior to the recording of the final plat.
2. A replat of this property and a drainage study shall be submitted and approved by the Planning
Commission prior to issuance of any building permits or any development occurring on this lot,
except for the installation of a single advertising sign.
In order to satisfy Condition No. 2, a replat of the property has been submitted to allow full
development of the property.
Nature of Current Request
The current owners have submitted an application to combine the Long -McArthur Addition (platted in
2000) and Long -McArthur Addition No. 2 (platted in 2019) into a single subdivision plat. The proposed
replat eliminates the awkward diagonal line between the two subdivisions which is a remnant of the 1-
135 slip ramps that used to occupy the property until the 1990s. The replat area contains 44.16 acres
and is proposed to be subdivided into seven (7) lots, five (5) for development and two (2) being set
aside for stormwater detention ponds. Proposed Lot 2 is occupied by Marshall Motors, proposed Lot 3
is occupied by Long -McArthur Ford and proposed Lot 6 is intended to be the site of a Quick Lane Auto
Service Center. Plans for Lot 4 and Lot 7 are unknown at this time.
AGENDA SECTION
NO:
ITEM
NO:
Page 3
CITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION DATE TIME
05709/2022 4:00 P.M.
ORIGINATING DEPARTMENT: I FISCAL APPROVAL:
Community and Development Services
BY:
Planning Division FIN
BY: Dean Andrew I BY:
The text amendment to Section 36-74 of the Subdivision Regulations approved in 2016 defined the
terms "perimeter street" and "direct access perimeter street" and required that subdivisions that abut
and have frontage on a direct access perimeter street have at least one public street access point on
that direct access perimeter street. It also directs the Planning Commission to look at the need for
additional emergency access points into the subdivision. In addition to the one direct access point, the
Subdivision Regulations state that a new subdivision shall have any additional means of access in and
out of the subdivision either by direct street connection or indirectly to existing streets in adjoining
subdivisions as are determined necessary by the Planning Commission. The Planning Commission
determination should be based on the technical analysis performed by staff.
It is the Planning staffs interpretation that the proposed Long -McArthur Addition No. 3 subdivision
directly abuts South gth Street, that South gth Street is a direct access perimeter street, that the
proposed subdivision has a total of five (5) existing and proposed street connections to South gth
Street, that South 9th Street has been improved to interim street standards abutting this subdivision
and that no further perimeter street improvements are needed to serve this proposed 44 acre
development.
This section of South gth Street does not currently meet full City street standards because it lacks curb
and gutter and public sidewalks. Future street improvements to South gth Street will be financed by the
city -at -large through Phase V of the South Ninth Street Improvement Project. Phase V extends from
Riffel Drive to Berg Road. These improvements have been designed but are in the "Identified But
Unfunded" portion of the City's Capital Improvement Program (CIP). The timing of this project is
unknown, but the improvements are not the responsibility of the property owner/developer.
The proposed subdivision has three (3) existing and two (2) additional access points. These both
provide multiple means of access into the subdivision in an emergency situation.
Street Access
The proposed subdivision has 2,148 ft. of frontage on South 9th Street. The applicant is requesting two
(2) additional curb cut openings on South gth Street. One would require a median break and would
provide full access and the second is a right-in/right-out only driveway opening. The north curb cut
straddles Lots 6 and 7 and will provide shared access to Lots 6 and 7 as well as Lot 4 to the south via
a private frontage road crossing Lot 6. A second right-in/right-out only curb cut is located in front of Lot
4. No median break is proposed at this location.
There will be no internal public or private streets serving this subdivision. The applicant's plan is for
the curb cut to serve Lots 4, 6 and 7 and the south driveway curb cut to provide a secondary means of
accessing South 9th Street. This plan would provide a second means of emergency access into the
northern portion of the subdivision and would be consistent with the subdivision access requirements
in the City's Subdivision Regulations.
AGENDA SECTION
NO:
ITEM
NO:
Page 4
CITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION DATE TIME
05/09/2022 4:00 P.M.
ORIGINATING DEPARTMENT:
Community and Development Services
Planning Division
BY: Dean Andrew
FISCAL APPROVAL:
M
FINAL APPROVAL:
KDOT acquired access control on South 9th Street when US Highway 81 was built. Except for the two
proposed access points, restricted access will be dedicated along the remaining South 9th Street
frontage, except for the existing curb cuts serving Long -McArthur Ford and Marshall Motors.
Proposed Street Names
There are no named public or private streets shown on the plat. All of the lots will be addressed off of
9th Street.
Lot Design
All platted lots must have frontage on and access to an approved public or private street. Section 42-9
of the Salina Zoning Ordinance reads as follows: "All platted lots, zoning lots and lease sites shall
have a minimum of 35 ft. of frontage on an approved public or private street."
The purpose of this requirement is to avoid the creation of landlocked, inaccessible lots.
The proposed final plat of Long -McArthur Addition No. 3 contains seven (7) platted lots. Lots 1 and 5
are set aside for detention ponds and do not have frontage on and access to South 9th Street.
Proposed Lots 2 and 3 are already developed and Lots 4, 6 and 7 are being created for future
development. Access to Lots 4 and 7 is available through the shared access easement / shared
driveway on the north edge of Lot 6.
A companion rezoning request for an amended PC -5 (Corridor Overlay) zoning district has been filed
for this 44.16 acre site. The minimum lot width in the C-5 district is 75 ft. and the minimum lot area is
7,500 sq. ft. however, the South 9th Street Corridor Overlay District requires that all zoning lots within
the overlay area contain a minimum of one (1) acre. Lot 2 (Marshall Motors) contains 6 acres, Lot 3
(Long -McArthur Ford) contains 17.73 acres, proposed Lot 4 contains 4.28 acres, proposed Lot 6
(Quick Lane Auto Center) contains 2.96 acres and proposed Lot 7 contains 8 acres. All of the lots
shown meet the minimum lot size requirement.
Utilities and Drainage
1. Water — A 12" water main installed in 1999 as part of the South 9th Street Utilities Project is
located along the east side of South 9th Street. The applicant will need to bore under 9th Street
to connect to this 12" line across from the proposed entrance to the subdivision.. This line is
capable of supplying the domestic and fire protection needs of any future commercial
development if a looped connection is made.
2. Sanitary Sewer — There is a 15" sanitary sewer line installed in 1999 as part of the South 9th
Street Utilities Project that runs down the west side of South 9th Street.
CITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION DATE TIME
05/09/2022 4:00 P.M.
AGENDA SECTION ORIGINATING DEPARTMENT: FISCAL APPROVAL:
NO:
Community and Development Services BY.
ITEM Planning Division FINAL APPROVAL:
NO:
Page 5 BY: Dean Andrew BY:
3. Storm Drainage — Section 36-75 of the Salina Subdivision Regulations states that "The
planning commission shall not approve any plat of a subdivision which does not make
adequate provisions for storm water runoff control. This control may be accomplished through
the use of temporary detention basins, open channels, and/or closed conduits. The applicant
shall be required to submit a drainage report prepared by a licensed professional engineer
which examines the effects of the proposed subdivision on all upstream and downstream
drainage conditions. The scope of this report shall be determined by the city engineer. The
drainage report shall assume the ultimate development of the entire drainage basin based upon
the current land use plan and the current and proposed zoning of the land within the drainage
basin. Calculation of storm flows and runoff characteristics of the subdivision shall be
performed in accordance with the design criteria established by the city engineer. The city
engineer shall inform the planning commission, in writing, of the effects of the proposed
subdivision on the existing storm drainage system based upon the above submitted drainage
report. The city may require the developer of the proposed subdivision to construct or cause to
be constructed all necessary storm drainage systems, designed in accordance with the design
criteria established by the city engineer, prior to the issuance of any building permit."
The applicant's design team did not submit a subdivision drainage study with their original
preliminary plat application. The general drainage flow pattern in this area is from south to
north, but the Mc Arthur Enterprises property is very flat. With three (3) additional commercial
lots there is likely to be a substantial increase in storm water runoff coming off of this site.
The applicant's design engineer (Jeff Mills P.E. of Earles Engineering) has now submitted a
drainage study which has been reviewed by the City Engineering staff. The drainage plan is to
construct a detention pond on proposed Lot 5 that will detain post- development runoff and
release it at a controlled rate. (A copy of the City Engineer's Report is attached to this report).
The applicant will need to obtain a discharge permit from KDOT before discharging any runoff
onto KDOT right-of-way.
4. Electricity — Westar has an overhead line along 1-135 that will serve the proposed sign but also
has a line that extends from 1-135 to South 9th Street along the north boundary of this tract.
5. Natural Gas — Kansas Gas Service has a gas line on the west side of South 9th Street that
serves existing businesses along the street.
Easements and Dedications
1. Right -of -Way — There is 60 ft. of dedicated right-of-way for South 9th Street and no additional
right-of-way is needed or proposed on the plat. There are no internal public streets being
proposed so there are no new right-of-way dedications associated with this replat.
AGENDA SECTION
NO:
ITEM
NO:
Page 6
CITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION DATE TIME
05/09/2022 4:00 P.M.
ORIGINATING DEPARTMENT:
Community and Development Services
Planning Division
BY: Dean Andrew
FISCAL APPROVAL:
BY:
FINAL APPROVAL:
BY:
2. Restricted Access — As noted, KDOT previously acquired access control along Old US Highway
81 and restricted access is being retained on South gth Street. Two (2) new access points are
being proposed on South gth Street.
3. Utility Easements —
There is an 80 ft. Evergy easement that crosses the north end of Lot 7.
The applicant's design engineer is showing 20 ft. utility easements around the perimeter of the
subdivision and along internal lot lines to accommodate public water and sewer utility line
extensions.
A drainage easement for the detention pond is now being shown on the plat drawing along 1-
135.
An access easement is being proposed for the shared east -west access road and the private
frontage road.
Proposed Improvements
The following is a list of improvements the developer is proposing to provide to support this
development:
1. South 9th Street Road Improvements - South 9th Street is a former US Highway (Old US
Highway 81) that is now owned and maintained by Saline County. Although South 9th Street is
paved, it does not meet City street standards as it lacks curb and gutter and sidewalks. The
completion of Phase V of the South Ninth Street Improvement Project is the responsibility of the
city -at -large and will not be in the responsibility of this property owner.
The property owner will be responsible for the cost of constructing accel and decel, turning
lanes, driveway culverts and the median break in South gth Street needed to provide full access
to the northern portion of the property.
2. Storm Drain Improvements - Construction of the proposed stormwater detention basins.
3. Utilities Extensions —
a. Water - The full cost of the water line extension along 9th Street, the full cost of internal
public water lines needed to provide water service and fire protection to the Quick Lane
lot and the other lots in the subdivision, plus the cost of boring under gth Street to
connect to the 12 inch line on the east side of the street. Water system improvements
consist of a looped connection to the existing water line in front of Long —Mc Arthur Ford,
AGENDA SECTION
NO:
ITEM
NO:
Page 7
CITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION DATE TIME
05/09/2022 4:00 P.M.
ORIGINATING DEPARTMENT
Community and Development Services
Planning Division
BY: Dean Andrew
FISCAL APPROVAL:
BY:
FINAL APPROVAL:
MN
a bored public water line crossing underneath 9th Street, a public water line loop with fire
hydrants around the Quick Lane Auto Center and a check valve in the 12 inch water line
on the east side of south 9th Street.
b. Sanitary Sewer - The full cost of the public sewer lines needed to provide sewer service
to the Quick Lane lot and the other undeveloped lots in the subdivision.
Phasing of Public Improvements
All public improvements would have to be installed or sufficient guarantees in place prior to
development occurring on Lot 6 (the Quick Lane site). In terms of phasing, Lot 6 would be developed
first.
Special Assessments / Cost Recovery Fees
The public improvements needed to serve development of Lots 4, 6 and 7 could be financed and
installed privately or the property owner could request the formation of special assessment benefit
district to finance these public improvements.
Relationship to Comprehensive Plan
The City's Comprehensive Plan shows this area as being appropriate for service commercial
development subject to the restrictions and development standards contained in the South 9th Street
Corridor Overlay district and as a Primary Service Area for the extension of utilities and services.
Utilities Note
A benefit district was created for the South 9th Street Utilities project in 1999 and several unplatted
tracts abutting 1-135 received an agricultural deferral meaning that payment of its assessment was
deferred until the time of platting or until 2016 whichever came first. The KDOT "slip ramps" could not
be special assessed so a Capital Cost Recovery Charge was levied against the KDOT portion of the
property in 2001.
The KDOT "slip ramps" share of the total project cost was $115,550. The ordinance levying the Cost
Recovery Charge provided that if Long -McArthur Ford purchased or obtained the property from
KDOT they must "reimburse the City (Water and Wastewater Utility Fund) for the proportionate
amount of the assessments paid by the City on a square footage basis and consent to the levy of the
proportionate share of the remaining special assessments of the acquired portion of the Highway
Right -of -Way on a square footage basis. The fee is $.0864 per sq. ft. or $3,763 per acre payable as a
lump sum at the time the property is platted. Staff has calculated the fee applicable to the northern
portion of the Long -Mc Arthur tract as $ 66,615 plus accrued interest. The cost recovery ordinance
does state that when the public interest is served by a reasonable delay in payment of the lump sum
AGENDA SECTION
NO:
ITEM
NO:
Page 8
CITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION DATE TIME
05/09/2022 4:00 P.M.
ORIGINATING DEPARTMENT
Community and Development Services
Planning Division
BY: Dean Andrew
FISCAL APPROVAL:
FINAL APPROVAL:
FEW
Capital Cost Recovery Charge, the governing body may approve an agreement with the party
seeking to develop the tract specifying when the lump sum payment shall be made and any other
relevant terms or conditions.
FISCAL NOTE:
There will be no fiscal impact on the City as a result of this action, except for the ongoing
maintenance of public water and sewer lines following acceptance.
Planning Commission Action
The Planning Commission met on April 19, 2022 and reviewed the proposed final plat of the Long -
McArthur Addition No. 3. Following presentation of the staff report, the Planning Commission voted 5-
0 to approve the proposed final plat of the Long -McArthur Addition No. 3 finding that the final plat
conformed with the approved preliminary plat and all applicable codes and regulations of the City.
Approval of the final of Long -McArthur Addition No. 3 was made subject to the following conditions:
1. The developer shall obtain a letter from the City Engineer approving the storm drainage
and detention pond design plans for this proposed development prior to any development
occurring on Lots 4, 6 and 7.
2. The developer of this subdivision shall execute and record a maintenance agreement or
private covenants providing for maintenance of the shared detention pond area including
any inlets, ditches or pipelines associated with moving storm water off the site prior to
recording of the final plat.
3. The developer shall be responsible for installation of all on-site and off-site public
improvements shown on the preliminary plat drawing and associated plan drawings,
including the extension of public water lines and a sanitary sewer line west of South 9th
Street to the development site, construction of the required stormwater detention pond and
construction of the median crossover, needed accel and decal lanes, driveway entrance
and construction of the shared access drive to provide access to the Quick Land Service
Center.
4. An operable public water supply and an all-weather access road connecting to South 9th
Street prior to beginning any vertical construction on Lots 4, 6 or 7.
5. A revised final plat containing all the revisions and corrections contained on staffs
corrections checklist shall be submitted to the Planning Division prior to being placed on the
City Commission agenda.
AGENDA SECTION
NO:
ITEM
NO:
Page 9
CITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION DATE TIME
05/09/2022 4:00 P.M.
ORIGINATING DEPARTMENT:
Community and Development Services
Planning Division
BY: Dean Andrew
FISCAL APPROVAL:
BY:
FINAL APPROVAL:
9W
COMMISSION ACTION:
If the City Commission concurs with the action of the Planning Commission, a motion should be made
to accept the offered easement and restricted access dedications and to authorize the Mayor to sign
the plat on behalf of the City. In the alternative, the City Commission could decline to accept the
offered dedications and return this plat to the Planning Commission stating its reasons for not wishing
to accept the proposed dedications.
Attachments: Application
Vicinity Map
Preliminary Plat Drawing with Improvements
Final Plat Drawing
Excerpt of 04/19/22 PC Minutes
CC: Derek Lee, McArthur Enterprises
Charles Renz, JGR Architects
Jeff Mills, Earles Engineering
City of
S
sagm
Planning &
Community
Develoament
1. Subdivision Name
Date Filed
JAn 3 2
Application No.
Earles Engineering & Inspection
Preliminary Plat
Approval Date
M t C
Receipt No.
Site Plans
IE Ar k QS F-riA
Accepted B
Lee
APPLICATION FOR FINAL PLAT APPROVAL
Long McArthur Addition No. 3
2. Subdivision Location 3400 Block South 9th St. Salina, KS 67401
3. Land Area (sq.ft. and / or acres) 44.16 acres
4. Number of Lots Proposed
5. Present Zoning
6. Pending Zoning (if applicable)
7
PC -5 Present Use PC -5
Proposed Use
7. Please explain any provisions of conditional preliminary plat approval and your compliance with those provisions (attach additional
sheets if necessary):
N/A
8. If any changes have occurred between the approved preliminary and this final plat, other than those required by the Planning Commission,
_ please explain the nature of these changes:
N/A
9. Explain any waivers of the subdivision regulations granted with the preliminary plat or requested with this application:
N/A
10. Applicant Name: McArthur Enterprises LTD.
3450 South Ninth Street Salina, KS 67401
Applicant Address:
Phone Number: 785-823-2237
11. Property Owner: See Attached
Address
E -Mail: roush540@gmail.com
Phone Number:
E -Mail:
12. Engineer/Surveyor:
Earles Engineering & Inspection
116 N Augustus McPherson, KS 67460
Address:
Phone Number:
785-309-1060 E -Mail: jeff.mills@earleseng.com
13. AuthorizedDerek
Lee
Representative
3450 South Ninth Street, Salina KS 67401
Address:
Phone Number:
785-823-2237 E -Mail: roush540@gmail.com
I hereby agree to comply with the Subdivision Regulations of the City of Salina, Kansas, and all other pertinent ordinances of the City of
Salina and statutes of the State of Kansas. Ina ' ion, it is agreed that all costs of recording the plat and supplemental documents thereto
with the Register of Deeds shall be as and p 'id by he BNean� /
Applicant(s)Signature/ _Date_
PLF-058, 1-08
Earles Engineering & Inspection, Inc.
Civil, Structural & Environmental Engineers — Construction Inspectors — Surveyors
116 N. Augustus St.; McPherson, KS 67460 Phone: (785) 309-1060 Fax: (785) 309-1061
211 N. Kansas Ave.; Liberal, KS 67901 Phone: (620) 626-8912 Fax: (620) 626-5408
112 W. 4t1 St.; Pittsburg, KS 66762 Phone: (620) 308-5577
WOMAN OWNED MINORITY FIRM.— DBE CERTIFIED Email: earlesinc@earlesen¢.com Web: www.carlesengineering.com
January 25, 2022
Property Owners:
Lots & 3 thru 7
Property Owner: McArthur Enterprises LTD.
Address: 3540 S Ninth Street Salina, KS 67402-0557
Phone Number: 785-823-2237
E-mail: roush540@gmail.com
Lot 2
Property Owner: Stephen W. Marshall
Address: 3500 S Ninth Street Salina, KS 67401
Phone Number: 307-760-0760
E-mail: Brenam@aol.com
Attachment
Replat Area
A-1
Request A
PC -5
A-1 I I PC -5
A-1
PC -7 I / A-1
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s
Application #Z19 -2A
Filed by Derek Lee
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Attachment
2001 Cost Recovery Ordinance
for KDOT Right -of -Way
(Published in The Salina Journal December 14 and 21, 2001)
ORDINANCE NUMBER 01-10067
AN ORDINANCE ESTABLISHING A CAPITAL COST RECOVERY CHARGE
FOR THE PURPOSE OF PAYING A PORTION OF THE COST OF THE INSTALLATION
OF WATER AND SANITARY SEWER MAINS (PROJECT NO. 99-1183) IN THE
VICINITY OF SOUTH NINTH STREET AND WATER WELL ROAD.
BE IT ORDAINED by the governing body of the City of Salina, Kansas:
Section 1. Authori This ordinance is adopted pursuant to the City's home rule authority
under Article 12, Section 5 of the Kansas Constitution and in accordance with K.S.A. 12-137.
Section 2. Legislative Findings. The governing body finds that:
A. Under Project 99-1183, the City caused to be installed sanitary sewer main on
South Ninth Street from Schilling Road to Water Well Road and along South Ninth Street
from Water Well Road five hundred (500) feet south and water main on South Ninth Street
from Riffel Drive to Berg Road (the "Project').
B. In Resolution Number 99-5484 (sanitary sewer) and Resolution Number 99-
5485 (water) the governing body identified the area it deemed to be benefited when
identifying the improvement district for the Project (the "Improvement District'), which
included property under the control of the Kansas Department of Transportation (KDOT)
legally described on Exhibit A attached and incorporated herein (the "Highway Right-of-
way).
C. With respect to the Highway Right-of-way, the State of Kansas determined
pursuant to K.S.A. 12-3506 that it was not liable for the special assessments that would
otherwise be levied against the Highway Right-of-way as a tract within the Improvement
District.
D. By Ordinance Number 01-10030 (the "Assessment Ordinance"), the
governing body levied special assessments against the various tracts within the Improvement
District, other than the Highway Right-of-way, for the purpose of paying the cost of the
Project.
E. As provided in the Assessment Ordinance, the City -at -large has undertaken to
pay the special assessments that would otherwise be levied against the Highway Right-of-
way, while reserving the ability to utilize any legally available method to recover the City's
costs resulting from the payment of such assessments upon development of the Highway
Right-of-way for non -highway right-of-way uses.
F. The Highway Right-of-way includes 1,337,292 square feet or 30.70 acres,
more or less. That portion of costs of the Project allocated to the Highway -Right-of-way
pursuant to the Assessment ordinance equaled $115,550.16. Consequently, the costs of the
Project allocated to the Highway Right-of-way on a per square foot basis equals $.0864 per
square foot.
G. KDOT has removed the Interstate 135 access ramp previously located on the
Highway Right-of-way and the governing body is advised that KDOT is offering for sale its
interest in the Highway Right-of-way.
Section 3. Policy Obiective. The policy objective of this ordinance is to provide for the
reimbursement of the City's water and wastewater utility fund for the proportionate cost of
assessments paid by the City for water and sanitary sewer improvements potentially serving
property currently under the control of KDOT as highway right-of-way at such time as the property
is developed for uses other than highway right-of-way.
Section 4. Impgaition of ch charee. After the effective date of this ordinance, any party
seeking to develop any portion of the land within the Highway Right-of-way for a use other than
highway right-of-way shall be required to pay a charge of $.0864 per square foot plus an interest
factor to be determined on the basis of the City's loss of investment income from August 1, 2001
(the date of issuance of the general obligation bonds used to finance the Project) through the date of
payment of the charge (the "Capital Cost Recovery Charge'l.
Section 5. Pament of chain . Prior to development of any tract of land subject to the
Capital Cost Recovery Charge, the party seeking to develop the tract must pay to the City in a lump
sum the Capital Cost Recovery Charge applicable to the square footage of land included within the
tract to be developed. For purposes of this ordinance, "development" shall mean either final
approval of a subdivision plat by the City, or, if approval of a subdivision plat by the City is not
required for any reason, then upon:
(a) use of the tract by KDOT for any purpose other than highway right-of-way;
(b) use of the tract for any purpose following acquisition by or reversion to the owner
(including any related or affiliated person or entity) of any abutting platted tract;
(c) commencement of the delayed special assessments applicable to Unplatted Tracts 1,
2, 3 or 4, as provided in the Assessment Ordinance, following acquisition by or
reversion of the tract to the owner of one of the abutting Unplatted Tracts 1, 2, 3 or
4; or
(d) connection to the City's water or sewer system or issuance of a building permit for
construction of improvements to be located on the tract following acquisition of the
tract by any person or entity other than those abutting owners addressed in (b) and
(c) above.
When the public interest is served by a reasonable delay in payment of the lump sum Capital Cost
Recovery Charge, the governing body may approve an agreement with the party seeking to develop
the tract specifying when the lump sum payment shall be made and any other relevant terms or
conditions.
Section 6. Alternative to lump sum payment. Due to the unique circumstance created as a
result of the position of KDOT regarding the special assessments otherwise applicable to the land
included in the Highway Right-of-way, the governing body may, as an alternative to payment of the
Capital Cost Recovery Charge, allow a party upon becoming the owner of any portion of the
Highway Right-of-way (either by acquisition of KDOT's right-of-way interest or by KDOT's
abandonment of its right-of-way interest) to reimburse the City for the proportionate amount of the
assessments paid by the City on a square footage basis and to consent to the levy of the
proportionate share of the remaining special assessments against the acquired portion of the
Highway Right-of-way on a square footage basis. The amount necessary to reimburse the City for
assessments paid will include the sum of the proportionate share of the series of principal and
interest payments paid by the City, plus an interest factor to be determined on the basis of the City's
loss of investment income as a result of having made the series of principal and interest payments.
Section 7. Effective Date. In accordance with K.S.A. 12-137, this ordinance shall be
published once each week for two (2) consecutive weeks in the official city newspaper and shall be
effective sixty (60) days after its final publication, unless within sixty (60) days of its final
publication a petition signed by a number of electors of the city equal to not less than ten percent
(10%) of the number of electors who voted at the last preceding regular city election shall be filed
with the county election officer of Saline County demanding that such ordinance be submitted to a
vote of the electors, in which case it shall not take effect until submitted to a referendum and
approved by a majority of the electors voting thereon.
Introduced: November 26, 2001
Passed: December 10, 2001
stip M. Sea , Mayor
(SEAL)
ATTEST:
Lieu Ann Nicola, City Clerk
Ordinance No. 01-10067
Exhibit "A"
HIGHWAY RIGHT-OF-WAY
A TRACT OF LAND LOCATED IN THE EAST HALF (E%) OF SECTION TWO, TOWNSHIP
FIFTEEN SOUTH, RANGE THREE WEST (2-T15S-R3W) OF THE SIXTH PRINCIPAL
MERIDIAN (6m P.M.), IN SALINE COUNTY, KANSAS, MORE PARTICULARLY
DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE
SOUTH HALF OF THE NORTHEAST QUARTER (S'h NE'/.) OF SAID SECTION TWO (2);
THENCE WEST ALONG THE NORTH LINE OF THE SOUTH HALF OF THE NORTHEAST
QUARTER (SY, NE'/.) OF SAID SECTION TWO (2) ON AN ASSUMED BEARING OF NORTH
EIGHTY-NINE DEGREES, FIFTY-SIX MINUTES, AND TWENTY-NINE SECONDS WEST
(N89°5629"W), A DISTANCE OF SIXTY-ONE AND NINETY-TWO HUNDREDTHS (61.92)
FEET TO THE WEST RIGHT-OF-WAY LINE OF NINTH STREET AND THE POINT OF
BEGINNING; THENCE SOUTH ONE DEGREE, TWENTY-SEVEN MINUTES, AND
TWENTY-EIGHT SECONDS WEST (SOl'2T28"W), ALONG SAID WEST RIGHT-OF-WAY, A
DISTANCE OF ONE THOUSAND FIVE HUNDRED TWENTY-NINE AND NINETY-EIGHT
HUNDREDTHS (1,529.98) FEET; THENCE SOUTH THIRTY-FOUR DEGREES, SIXTEEN
MINUTES AND ELEVEN SECONDS WEST (S34°16'11'W), A DISTANCE OF ONE
THOUSAND ONE HUNDRED SIXTY-ONE AND NINE HUNDREDTHS (1,161.09) FEET;
THENCE SOUTH SEVENTEEN DEGREES, FIFTY MINUTES, AND THIRTY -SDC SECONDS
WEST (S17 -50-36"W), A DISTANCE OF ONE THOUSAND ONE HUNDRED SIXTY-SEVEN
AND SEVENTY-TWO HUNDREDTHS (1,167.72) FEET; THENCE NORTH TWO DEGREES,
FIFTY MINUTES, AND NINE SECONDS EAST (NO2°50'09"E), A DISTANCE OF TWO
THOUSAND TWO HUNDRED SEVENTY-EIGHT AND SIXTY-FIVE HUNDREDTHS
(2,278.65) FEET TO A POINT ON THE NORTH LINE OF THE SOUTHEAST QUARTER
(SE'/.) OF SAID SECTION TWO (2); THENCE SOUTH EIGHTY-NINE DEGREES, FTFTY-
EIGHT MINUTES AND THIRTY-SIX SECONDS EAST (S89°58'36"E), ALONG THE NORTH
LINE OF SAID SOUTHEAST QUARTER (SE'/.), A DISTANCE OF FOUR HUNDRED FOUR
AND SDCTY HUNDREDTHS (404.60) FEET; THENCE NORTH EIGHTEEN DEGREES,
SEVEN MINUTES, AND FIVE SECONDS EAST (N18'OT05"E), A DISTANCE OF ONE
THOUSAND TWO HUNDRED NINETY-SIX AND SEVEN HUNDREDTHS (1,296.07) FEET;
THENCE NORTH SEVENTY-TWO DEGREES, EIGHTEEN MINUTES, AND NINE SECONDS
WEST (N72°18'09"W), A DISTANCE OF SIXTY AND ZERO HUNDREDTHS (60.00) FEET;
THENCE NORTH SEVENTEEN DEGREES, FORTY-ONE MINUTES, AND FIFTY-ONE
SECONDS EAST (N17'41'51"E), A DISTANCE OF SEVENTY-EIGHT AND SEVENTY
HUNDREDTHS (78.70) FEET TO A POINT ON THE NORTH LINE OF THE SOUTH HALF OF
THE NORTHEAST QUARTER (S%s NEV.) OF SAID SECTION TWO (2); THENCE SOUTH
EIGHTY-NINE DEGREES, FIFTY -SDC MINUTES, AND TWENTY-NINE SECONDS EAST
(S89°56'29"E), ALONG SAID NORTH LINE, A DISTANCE OF ONE HUNDRED SIXTY-
THREE AND THIRTY-EIGHT HUNDREDTHS (163.38) FEET BACK TO THE POINT OF
BEGINNING. THE ABOVE DESCRIBED TRACT OF LAND CONTAINS ONE MILLION,
THREE HUNDRED THIRTY-SEVEN THOUSAND, TWO HUNDRED NINETY-TWO
(1,337,292) SQUARE FEET OR THIRTY AND SEVENTY HUNDREDTHS (30.70) ACRES,
MORE OR LESS
Mr. Herrs stated that will be further discussed during the preliminary/final plat
application but gave an overview of the median break. He stated the median break will
match up with the east -west access road that is on the north edge of the Quick Lane
development.
Mr. Andrew stated there is a design that has been approved for Phase V of the South
Ninth Street improvements. He stated that when those are implemented, it will convert
S. gih Street to look more like the area to the north. He added that this proposed median
break will be an interim measure until those designed improvements are made by the
City.
MOTION: Commissioner Farber made a motion to recommend
approval of the final development plan for the Quick Lane
Auto Center on Lot 6 with the ten (10) conditions on pages
19-20 of the staff report
SECOND: Commissioner Gilmore
VOTE: Motion carried 5-0
(3.2) Application #P22 -2/2A, filed by Derek Lee on behalf of McArthur Enterprises, Ltd.,
requesting approval of a combined replat of the Long -McArthur Addition and Long -
McArthur Addition No. 2. The replat area is a 44.16 acre tract of land located on the
west side of South 9th Street north of Water Well Road. (To be platted and known as
Long -McArthur Addition No. 3). [Continued from the April 5, 2022 meeting to allow
revisions to be made to the plat.]
Mr. Andrew presented the staff report with visual graphics which are contained in
today's meeting packet.
Chair Hay asked the Commission if there were any questions for staff.
Commissioner Gilmore asked who was in charge of paying for the maintenance of the
access road.
Mr. Andrew stated that the maintenance of the access road will be the responsibility of
the individual owners of the property. He stated that there are some similar situations
around the City and gave the example of the access road that extends west of Belmont
Blvd. to the Candlewood Suites and Goodwill. He stated that if there was a pothole in
the access road, the individual property owners would have to pay for the maintenance
cost.
Chair Hay asked where the median break is compared to Berg Road.
Mr. Andrew stated that the proposed median break does not line up with anything
directly on the east side of South Ninth Street and will strictly be for the development on
the west side of the street.
PLANNING COMMISSION I MINUTES
April 19, 2022
Page 4 of 7
Commissioner Farber asked for confirmation that the median break is only a temporary
measure.
Mr. Andrew stated that it is an interim measure until the improvements are made to
South 91h Street by the City. He stated that if something ever developed on the east side
in that location, staff would make every effort to have them line it up with the median
break.
Chair Hay asked if there were questions of the applicant. There were none.
Chair Hay asked if there were comments or questions from members of the public in
attendance or via Zoom. There were no members of the public in Room 107. Mr. Herrs
confirmed there were no members of the public that wished to speak via Zoom.
Chair Hay closed the public hearing and brought this item back to the Commission for
discussion and action.
—go MOTION: Commissioner Farber made a motion to approve
Application #P22 -2/2A with staff's five (5) recommended
conditions on page 8 of the staff report
SECOND: Commissioner Jones
Commissioner Gilmore asked if the Commission should include maintenance of the
road and green space in their motion.
Mr. Andrew stated that they could require the applicant to provide an agreement
indicating who would be responsible for the maintenance of the access roads and green
space if they wish to do so.
Mr. Gilmore stated that he thinks that is a good idea.
Mr. Andrew stated that we would need to see if the motion -maker would be agreeable
with a friendly amendment to add that requirement in.
Commissioner Farber stated that he thinks it is understood that it is a private road and
area and that the City is not responsible for maintaining the space or access roads.
Commissioner Gilmore stated that he is not worried about the current owners but is
thinking about the possibility of Long McArthur Ford selling the property in the future.
Mr. Andrew stated that an alternative to including that in the motion would be to require
a note on the plat for future reference that spells out who is responsible for the east -
west and north -south frontage roads. He stated that would be recorded with the
Register of Deeds and would run with the land and put all future buyers on notice.
Commissioners Farber and Gilmore were both in agreeance with that option
VOTE: Motion carried 5-0
PLANNING COMMISSION I MINUTES
April 19, 2022
Page 5 of 7