CITY COMMISSION AGENDA ITEM

Department:	Planning and Development Services		Commission Meeting Date:  08/15/17
Staff Contact:	Sandra Day, Planner II
Recommendations/Options/Action Requested:
Adopt on first reading, Ordinance No. 9390, revising City Code Section 16-1201 to permit limited access (right-in only) on the north side of 6^th Street between Congressional Drive and Wakarusa Drive and grant the City Manager the authority to negotiate the purchasing of the break in access by the applicant as determined by an appraisal of the value of the access.
Executive Summary:		West 6^th Street was constructed to urban standards circa 2006, as the west part of the city was urbanizing.  Access management planning for improving West 6^th Street, between Wakarusa Drive and K-10 Highway, was completed in the 1990s and codified in 2002 by adding Section 16-1201 to the city code.  Development along West 6^th Street has followed the standards of Section 16-1201 except that the code was revised in 2010 to accommodate limited access for the Mercato Development located at 6^th Street and K-10 Highway. The property located north of West 6^th Street between Congressional Drive and Wakarusa Drive has partially developed with a Wal Mart, restaurants and retail uses.  Additional development for similar uses is currently under review for undeveloped lots and the owners have requested a new access point along West 6^th Street to allow right-in only access to the development.  The access is reflected in the attached concept plan which shows a new right turn lane and a right-in only access into the Walmart property.  It would be similar to the right-in/right-out access just east of Iowa on 23^rd Street into CVS as noted in the following map shown within the green ellipse, except the proposed access would be right-in only. In order to permit the proposed project to proceed, the City Commission must consider the request to revise the city code and permit the opportunity for access at the desired location.  If the code is revised, the applicant must still gain approval of a replat of the property to remove the access restriction, complete a final development plan, and design the improvements to traffic engineering standards. Ordinance No. 9390 provides the necessary language, in Section 16-1201(d), to amend the code and accommodate the request.  The City Engineer has reviewed the request and has accepted the traffic impact study, finding that the right-in only improvement will not harm the traffic operations of this section of West 6^th Street. Staff at the Kansas Department of Transportation have confirmed that access management rights were purchased from property owners around 2002 with public dollars; however, city staff does not have at its disposal an exact accounting of the dollars used for access rights compared to the purchasing of the necessary rights-of-way for the project.  Staff believes the property owners should buy back the access rights and the applicant has stated a willingness to do so.  Because other approvals are required for this project, staff recommends the city commission adopt Ordinance No. 9390 and grant the City Manager the authority to negotiate the purchasing of the break in access based on a fair cost of the access as determined by an appraisal of the value of the access.
Strategic Plan Critical Success Factor		Safe, Healthy, and Welcoming Neighborhoods Innovative Infrastructure and Asset Management
Fiscal Impact (Amount/Source):		The fiscal impact to the City is unknown at this time but will be a positive amount upon determining the value of the break in access that will be purchased by the developer and remitted to the city. The developer will otherwise bear the costs of making the proposed street improvements.
Attachments:		Applicant request Concept drawing Ordinance No. 9390

Reviewed By: (for CMO use only)

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