Memorandum

City of Lawrence

Legal Department

TO:	David Corliss, City Manager Toni Ramirez Wheeler, Director of Legal Department
FROM:	Randall F. Larkin, Staff Attorney
CC:	Scott McCullough, Director of Planning and Development Services Sandra Day, Current Planner
Date:	November 16, 2011
RE:	Hy-Vee, Inc., Traffic Control Improvement Development Agreement

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Hy-Vee, Inc., has been granted a special use permit to use its property, located on the southwest corner of the intersection of Clinton Parkway and Crossgate Drive, for gas and fuel sales, a car wash, and, additionally, as a personal convenience store. During the Site Plan review process, Hy-Vee, Inc., requested access from its property to Crossgate Drive, between the intersection of Clinton Parkway and Crossgate Drive and West 24th Place and Crossgate Drive. At the same time, Hy-Vee, Inc., offered to make certain improvements to Crossgate Drive that would accommodate the proposed access. City Staff, including the City Engineer, reviewed the proposal and determined that, with the proposed improvements, the access would not have a negative impact on the flow of traffic on Crossgate Drive.

Nevertheless, Site Plan approval was conditioned upon Hy-Vee, Inc., entering into an agreement with the City, whereby if it was later determined that access to Crossgate Drive was negatively impacting traffic flow on the street that Hy-Vee, Inc., would bear the costs of remediating the traffic problem. The parties have now reached an agreement, whereby the parties agree that if that access causes traffic problems on Crossgate Drive a progressive system of remediation will be implemented, up to and including reduction of access to Crossgate Drive, which costs of remediation will be borne by Hy-Vee, Inc., to a maximum amount of $50,000.00 in the aggregate.

Action Requested: Staff requests that, in conjunction with its second reading of the ordinance granting Hy-Vee, Inc., a special use permit, the City Commission authorize the City Manager to execute a Traffic Control Improvement Development Agreement, which would permit Hy-Vee, Inc., to have access from its property to Crossgate Drive in accordance with the terms of that agreement.