ORDINANCE NUMBER 26-11279
AN ORDINANCE PROVIDING FOR THE VACATION OF ONE HUNDRED AND FIVE FEET (105’) OF THE PLATTED RESTRICTED ACCESS ALONG THE WEST SIDE OF OHIO STREET, AND NORTH OF EDISON STREET ON PROPERTY LEGALLY DESCRIBED AS LOT 2 (LESS THE EAST 200 FEET AND LESS THE EDISON PLACE RIGHT-OF-WAY), SURVEYOR’S PLAT NUMBER 52, CITY OF SALINA, SALINE COUNTY, KANSAS.
BE IT ORDAINED by the Governing Body of the City of Salina, Kansas
Section 1. Petition and Public Hearing. That on April 13, 2026, the governing body conducted a public hearing (“Public Hearing”) on a petition (Petition Number 4444) filed by Robert Kraft, MD, Chief Executive Officer and Ann Feil, Chief Operations Officer, on behalf of Salina Family Healthcare Center (“Petitioner”) requesting the vacation of One Hundred and Five feet (105’) of the platted restricted access along the west side of Ohio Street, and north of Edison Street on property legally described as Lot 2 (less the east 200 feet and less the Edison Place right-of-way), Surveyor's Plat Number 52, City of Salina, Saline County, Kansas (the “Property”) for the purpose of constructing a full-access driveway opening on Ohio Street to serve the Salina Family Healthcare Center facility at 530 Ohio Street.
Section 2. Findings. That the governing body finds from the evidence presented in relation to the requested access breaks:
- Ohio Street is classified as a major arterial street with a relatively high traffic volume of 16,500 vehicles per day.
- Petitioner has submitted a Traffic Impact Study (“TIS”) evaluating projected traffic impacts associated with the installation of a full-access driveway at this location.
- Based on the Petitioner’s TIS the Edison Street/Ohio Street intersection is projected to meet the Manual on Uniform Traffic Control Devices Peak Hour Signal Warrant at Ohio/Edison, largely due to development traffic at Edison. However, City staff do not recommend a traffic signal at this time because the warrant is only narrowly met, no other signal warrants are met, and the warrant alone is typically used only in unusual situations.
- Conditions to the approval for the access breaks are necessary because the Peak Hour Signal Warrant is met during the projected peak hour and there is potential that a dedicated left turn lane on Edison, traffic signal or other improvements could be needed in the future based on actual traffic generated by the development.
Section 3. Conditions. The governing body finds from the evidence presented in relation to the requested access breaks that the following conditions are necessary:
- The Petitioner shall be responsible for the cost for the first two years of post-opening traffic counts at the new Drive/Ohio and Edison/Ohio intersections to verify actual traffic volumes and operations compared to the projections in the TIS.
- The Petitioner shall hire a qualified traffic engineer to conduct traffic counts, traffic signal analysis, and updated intersection level-of-service analysis for both intersections at 6 months and 18 months following the opening of the new access, and Petitioner shall be fully responsible for the cost of these traffic counts.
- If the City observes operations or safety concerns within 5 years of the opening of the new access, the City may require additional counts which shall be funded on a 50/50 cost-share basis between the City and the Petitioner.
- All counts conducted to comply with this Ordinance shall be sufficient to complete a traffic signal warrant analysis and an updated level-of-service analysis.
- The traffic counts, traffic signal analysis, and updated intersection level-of-service analysis shall be submitted to the City Engineer within 30 days of each data collection period.
- If, within five (5) years of the opening of the access allowed by this Ordinance, the actual traffic, volumes, or operations differ significantly from the projections in the approved TIS and result in the City Engineer determining that improvements are needed, Petitioner shall be responsible for the funding, design, and installation of such improvements including but not limited to the addition of a dedicated left turn lane on Edison, a traffic signal or other necessary traffic control, as determined by the City Engineer. If the improvements are necessary in full or in part due to other background growth Petitioner’s cost share may be reduced proportionally to the background growth increase.
- Petitioner and City shall enter into a development agreement regarding the cost-sharing for any future traffic signal.
Section 4. Conclusion. 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 nearby; and
(D) In justice to the Petitioner, the prayer of the Petitioner out to be granted subject to the conditions of this Ordinance.
Section 5. Recording. That for purpose of recording this ordinance with the office of the Saline County Register of Deeds, this vacation of a segment of platted restricted access relates to that tract of real property described as Lot 2 (less the east 200 feet and less the Edison Place right-of-way), Surveyor's Plat Number 52, City of Salina, Saline County, Kansas.
Section 6. Publication. The City Clerk shall cause this ordinance, as soon as practicable after it has been passed and signed, to be published on the City’s website as the designated official city newspaper.
Section 7. Effective Date. That this ordinance shall be in full force and effect after its adoptions and publication once in the official city newspaper.
Passed: April 13, 2026
Signed: April 13, 2026
Michael L. Hoppock, Mayor
ATTEST:
Nikki Goding, City Clerk