Planning Commission
Regular MeetingDerby, KS · January 3, 2013
Minutes
CITY OF DERBY
PLANNING COMMISSION MINUTES
January 3, 2013 6:30 PM
MEMBERS PRESENT: Doug Chambers, Kelly Farber, Keith Volz, Patrick Baer, Tasha
Brackeen, Gunter Hansen, Sue Wright Choose an item., Choose an item., Choose an item.
MEMBERS ABSENT: ,Jack Hezlep, Shawn Riley, Josh Kippenberger, Choose an item.,
Choose an item.
CITY STAFF PRESENT: Cody Bird, City Planner, Marcia Hartman, Recording Secretary
CONSIDERATION OF MINUTES:
Minutes of Thursday, December 20, 2012 Planning Commission Meeting
MOTION: Keith Volz
SECOND: Sue Wright
VOTE: 7-0-0
PUBLIC FORUM OPENED
PUBLIC FORUM CLOSED
AGENDA ITEM NO: 1
DESCRIPTION: Site Plan Review – Lot 3, Block A, Anderson Farm
Commercial 2nd Addition
GENERAL LOCATION: Northwest corner of Patriot Avenue and Rock Road
APPLICANT: Trax Express Car Wash – Stan Cox
AGENT: Smith Construction Co., Inc. – Brian Nitcher
REASON FOR REQUEST: New Car Wash
BACKGROUND INFORMATION:
The subject lot is located on the west side of Rock Road near the intersection of
Rock Road and Patriot Avenue, within the Anderson Farm Commercial 2nd
Addition.
Adjacent land uses include a QuikTrip convenience store directly south of the
proposed site; west and north of the subject site are currently undeveloped lots
which are zoned B-3 “General Business District,” as is the subject site. Just west
of the undeveloped B-3 lot is Calvary Baptist Church. Properties opposite the
subject site, in the County on the east side of Rock Road include: a large lot
currently utilized for agricultural purposes, a single family residence, and a liquor
store.
DERBY PLANNING COMMISSION MINUTES Page 1 of 9
The subject lot contains 40,865 square feet or 0.94 acres, which exceeds the
minimum requirements of the B-3 district.
Carwash facilities are a permitted use in the B-3 District.
STAFF COMMENTS:
1. Legal Description. The legal description for the site is shown on several of the sheets
as Portions of Lot 1 and Lot 3, Block A, Anderson Farm Commercial 2nd Addition and on
other pages, including the title sheet, shown as only Lot 3 of the addition. The correct
legal description of the site needs to be shown on the title sheet and can be removed
from all other sheets.
2. Building Setbacks. The closest structure to the east property line is proposed to be
constructed approximately 85 ft. from the east property line which exceeds the required
35 ft. building setback. Since the adjacent properties are zoned B-3, as is the subject
property, rear yard and side yard setbacks do not apply. A portion of the drive providing
vehicle stacking spaces for the carwash bay is located within the setback as a permitted
obstruction.
3. Easements. The Anderson Farm Commercial 2nd Addition plat includes a 35 ft. utility
easement which coincides with the platted building setback line. Adjacent to the 35 ft.
utility easement to the west is an additional 5 ft. utility easement. Other easements
include a 35 ft. Cities Service Gas Company (now Southern Star) easement and a 25 ft.
easement in favor of Rural Water District #3 running parallel to the east property line.
These encumbrances are shown on the site plan. One unlabeled easement line is
shown: It is believed to be the west line of a 50 ft. easement in favor of Jayhawk Pipeline
LLC. The applicant shall confirm the identity of this easement and shall provide proper
notation on the corrected site plan.
Two joint access easements are shown on the site plan. The first joint access easement
is directly south of the site and provides access to Rock Road through the QuikTrip
property. The second joint access easement is west and south of the subject site and
encompasses an existing private street connection to Patriot Avenue. Both joint access
easements terminate prior to the proposed entry drive and therefore fail to provide legal
access to the site. The plans indicate that the existing private drive will be extended north
to the north line of Lot 3. The applicant is advised that additional access easements will
need to be acquired to provide legal access to the subject site and other adjacent
properties. The necessary joint access easements may be dedicated by separate
instrument.
4. Access. The subject property is platted with complete access control prohibiting direct
access to the site from Rock Road. Access to the site is provided by a 26 ft. wide
entrance at the west lot line. The entrance may be accessed from Rock Road through
the QuikTrip lot or from Patriot Avenue utilizing the private street. As noted above,
additional joint access easements are required to provide legal access to the proposed
entrance.
5. Streets. The site is located adjacent to Rock Road, a highly traveled arterial street,
and just north of Patriot Avenue, a major cross town arterial. Turn lanes to accommodate
traffic accessing the site currently exist on both Rock Road and Patriot Avenue.
DERBY PLANNING COMMISSION MINUTES Page 2 of 9
6. Parking/Circulation Aisles. Two holding spaces plus one drying space are required for
each washing bay. Since only one washing bay is proposed, three parking spaces are
required. Three parking stalls are provided, which meets the requirement. Ten vacuum
bays are also provided along the north side of the building; however, the vacuum bays
are not considered parking spaces. The parking space section in the data block provided
on Sheet C-1 needs to be changed to reflect that a total of three required parking stalls
are provided. The circulation aisle behind the vacuum bays is 26 ft. in width which
exceeds the minimum of 24 ft. required for two way circulation.
Automatic drive-thru car washes require three stacking spaces for each 20 ft. of wash
bay. The proposed wash bay is 86 ft. long and therefore requires 14 stacking spaces
between the start of the drive-thru lane and the opening to the wash bay. The stacking
area provided exceeds the requirement of 14 vehicle spaces.
The plans indicate the three required parking spaces provided are 18 ft. in length.
Parking spaces are required to be 19 ft. in length. The applicant shall modify the length
of the required parking spaces to meet the requirement on the revised site plan.
Required parking spaces and drive-thru stacking spaces are contained by a 6 inch curb
in accordance with the Zoning Ordinance requirement. Other internal spaces for vacuum
bays have a 4 inch curb, which is acceptable for the intended purpose. Labels and
identifying arrows on detail #1 for the curb & gutter section are not clear and should be
corrected on the revised plan.
7. ADA. One handicap stall is necessary to meet the ADA requirement for this facility.
Sheet C-1 notes that one accessible space is provided. The ADA parking space appears
to be accomplished by dividing two adjacent vacuum bays with a 5 foot accessible aisle.
Both vacuum bays meet ADA requirements for van accessible parking spaces and one is
shown to be signed as an ADA parking space. Staff recommends that the “Van
Accessible” label be added to the sign detailed on Sheet C-1 as well as pavement
marking with the universal symbol for accessibility. The applicant should be aware that
utilization of the vacuum bay to satisfy the ADA parking requirement may limit the utility of
the bay as only ADA designated vehicles will be permitted to utilize the space. Elevations
shown on the grading plan indicate compliance with ADA grading requirements within
and adjacent to spaces on both sides of the accessible aisle. Details of the accessible
ramp and signage indicate compliance with ADA requirements.
8. Pedestrian Access. A petition at the time of platting of the Anderson Farm
Commercial 2nd Addition plat provides for the construction of a sidewalk on the west side
of Rock Road adjacent to this site. The sidewalk will be constructed along with other
improvements to Rock Road necessary to facilitate the traffic needs created by the
construction of the new middle school north of this location. Design criteria for site plan
review requires that internal sidewalks be provided to connect to public sidewalks;
however, in consideration of the nature and function of a carwash, staff recommends that
this requirement be waived.
9. Signage. Wall signage that is proposed by the applicant and shown on the building
elevations (Sheet A-5.1) is in compliance with the sign regulations of the City of Derby.
The site plan provided shows a monument sign located in the landscaped island
DERBY PLANNING COMMISSION MINUTES Page 3 of 9
separating the drive-thru lane from the vacuum bays with a note to see sign details. No
such detail is provided. The applicant shall be prepared to discuss the proposed sign at
the Planning Commission meeting and is advised that a detail including dimensions and
proposed materials and colors will need to be provided with the revised plans. Permits
for all signs will need to be obtained prior to installation.
10. Site Lighting. The site lighting plan included shows that lighting for this site is
provided by the installation of five 150 watt metal halide fixtures installed on the exterior
of the building and one 20 ft. light pole with two 400 watt metal halide fixtures. The
photometric plan shows minimal light spillage onto adjacent properties and street rights-
of-way. The plan also includes a note requiring lighting to be directed or shielded to
prevent intrusion of light or glare onto adjoining properties and streets.
11. Landscape/Screening and Buffering.
Landscape Street Yard. The subject site is adjacent to Rock Road and is required to
provide a landscaped street yard in accordance with Section 304.G. of the Zoning
Ordinance. Based on the lot depth of 250 ft., a 10 ft. street yard is required. The
landscape plan includes a street yard which exceeds the 10 ft. street yard requirement.
One shade tree is required for every 500 square feet of the minimum landscaped street
yard. Thus, three shade trees or an equivalent number of ornamental trees or shrubs are
required (10 ft. minimum width x 132 ft. of street frontage = 1320 sq. ft. street yard ÷ 500
= 2.64 = 3 shade trees). In accordance with Section 304.G.4., the developer is allowed
to plant the required street trees elsewhere on the site due to the location of easements
and utility lines in the street yard area. The landscape plan shows that six shade trees
and five ornamental trees will be provided, which exceeds the minimum requirement.
Screening/Buffering. Because all of the properties adjacent to the site are zoned the
same as the development site, no screening or buffering is required.
Parking Lot Screening/Landscaping. A row of shrubs is shown along the curb of the
wash bay drive-thru lane to screen the parking lot and queued vehicles. A combination of
Burning Bush, Blue Chip Juniper and Gro-Low Sumac is proposed to fulfill the screening
requirement. The applicant is advised that shrubs for screening purposes must be a
minimum of 18 inches in height at the time of installation, and must reach a mature height
of at least 36 inches. The mature height of the proposed Juniper and Sumac are not likely
to appropriately satisfy the screening requirement. It is recommended that the applicant
select species from the list of preferred shrubs for parking lot screening, located in the
Appendix to the Zoning Ordinance, page A-6. Placement of the shrubs should account
for the existing fire hydrant and care should be exercised to avoid obscuring its location
and to maintain ease of access for fire crews.
Though parking lot island trees are not required because there are fewer than 50 parking
spaces provided, four ornamental trees are proposed in the island separating the drive-
thru lane from the vacuum bays.
Equipment Screening. The only equipment shown to be located outside of the building is
an electrical transformer. Staff requests that the transformer be screened with
landscaping.
DERBY PLANNING COMMISSION MINUTES Page 4 of 9
Trash Receptacle Screening. The trash enclosure is shown to be screened by a 6 ft.
cedar fence, which is acceptable to meet the requirement.
Miscellaneous Landscaping Notes.
The area around the trash enclosure is noted to be sodded with Kansas Premium
Fescue; however, it is not depicted this way on the landscape plan. Similarly, the
stormwater inlet in the southeast corner of the property is shown to be sodded. These
two areas should be corrected on the revised plan set.
It appears that all landscape areas are to be sodded. If no seeding is planned, the “Seed”
line should be removed from Note #2 of the landscape plans. If a combination of seeding
and sodding is to be utilized, the appropriate areas of each should be clearly
differentiated on the plans and an appropriate seeding rate should be provided.
The landscape calculation for required street yard should be changed to 1320 square feet
(10 ft. minimum width x 132 ft. of street frontage = 1320 sq. ft. street yard).
Note 14 on the landscape plan should be removed since there are no existing trees on
site to be transplanted.
Note 17 on the landscape plan states that the landscaping will be irrigated with an
irrigation system installed subject to local codes. It should be noted that local code
requires installation of an automatic rain sensing device. The note also states that
irrigation will be installed “by others.” Since irrigation lines are not shown on the
landscape plan, the applicant shall be prepared to discuss the type, location and timing of
the irrigation work.
The applicant is advised that final acceptance of the landscaping is required prior to
issuance of a Certificate of Occupancy. Acceptance will be based on the landscape plan
as submitted for approval at site plan review, not on the minimum requirements of the
code. Changes to the plan require approval of the Planning Commission.
The applicant is reminded that all landscaping is to be maintained in good condition and
that maintenance includes replacing dead or diseased plants and trees.
The applicant should verify that the installation of landscaping near entrances and traffic
ways does not create vision concerns.
In accordance with the City’s stormwater pollution prevention ordinance the use of BMP’s
is required to control soil erosion during the construction of this facility.
12. Drainage. Onsite drainage is primarily collected in an internal stormwater drainage
system consisting of curb inlets in the southeast and southwest portions of the property
and an area inlet in the northeast portion of the property. The internal stormwater
collection system is shown to discharge to the existing public stormwater system on Rock
Road. The applicant or their agent shall verify that the existing stormwater system is
designed with the capacity to handle the additional proposed flow. A minimal amount of
surface drainage is proposed to be directed west to the access drive. The proposed
private stormwater collection system is shown to be constructed with SDR 35 pipe
DERBY PLANNING COMMISSION MINUTES Page 5 of 9
material. Staff recommends that Schedule 40 piping be utilized.
13. Utilities. An existing 10 inch public sanitary sewer line runs parallel to Rock Road
and is easily accessible from this site. An internal sanitary sewer service line consisting
of a combination of 4-inch and 6-inch piping is proposed to connect to the existing
sanitary sewer with a new 6-inch tap and riser. Installation of a new riser is acceptable;
however, two existing sanitary sewer risers located at the northeast and southeast
corners of the property are available. A sanitary sewer service line is shown providing
service to the northwest corner of the building. The applicant should be prepared to
explain the intended purpose of this service line. The 750 gallon oil water interceptor
shown on the plan has been approved by the City’s Wastewater Superintendent.
Cleanouts will be required along the service line in accordance with the City’s adopted
Plumbing Code.
Water service is provided by a 2-inch domestic water service line proposed to connect to
the existing waterline on Rock Road. Sufficient water volume and pressure are available
from this line to provide adequate water service and fire protection to the site. The
applicant needs to contact El Paso Water Co. to coordinate water meter installation.
Utility note #11 should include the meter cost and tapping fee to be reimbursed.
The Fire Department has reviewed the plans and has determined that the existing fire
hydrant near the southeast corner of the site is sufficient to meet their fire protection
needs.
Electric service for this site is provided underground from a pad mounted transformer
located on the east side of the building. Gas and telecommunication service are also
shown to connect to lines located in the utility easement along the east side of the site.
Note #2 on Sheet C-1 provides emergency contact information for utility companies.
The list includes a duplicate listing for Kansas Gas Service which should be removed and
a contact should be added for Rural Water District #3. The applicant is also encouraged
to verify the accuracy of the listed contact information. Contact information shown on the
Utility Plan (Sheet C-4) should also be updated.
Utility note #4 on Sheet C-4 needs to have the term “Local” removed. A second sentence
shall also be added to read; “No lane closures will be allowed without prior written
approval of the City Engineer.”
There is an extra sanitary sewer service line callout note on the utility plan which should
be removed and a corrected utility plan shall be provided with the revised set.
14. Design Standards. Elevations for all four sides of the building are shown on Sheet A
-5.1 including proposed materials. Colored renderings have been provided which show
the proposed colors and design elements.
15. No Smoking. In accordance with City ordinance prohibiting smoking in public places
and places of employment, “No Smoking” signs must be posted and a 20 ft. smoke free
zone must be established at all entrances to the facility.
16. Miscellaneous. The sheet index on the title sheet should have Sheet A-5.1 added to
DERBY PLANNING COMMISSION MINUTES Page 6 of 9
the site list and the architectural sheet list removed.
Several labels and callouts on plan sheets are missing dimension labels for feet, inches
or linear feet. The applicant shall ensure that all labels are accurate and correctly
identified on the revised plan set.
An existing City of Derby wayfinding sign is within the proposed construction limits. The
sign is to remain in place and undamaged and a note shall be added indicating that the
developer is responsible for any damage to the sign and that the sign shall be repaired or
replaced to the City’s satisfaction if damaged.
The applicant is reminded that a Business License must be obtained prior to issuance of
the Certificate of Occupancy.
CORRECTED PLANS:
Following Planning Commission approval, the applicant will need to revise the Site Plan
documents to incorporate all corrections or comments and submit 3 revised copies to the
City. A list of all changes shall be provided, noting which comment each is addressing.
RECOMMENDATION:
Approve the Site Plan for Lot 3, Block A, Anderson Farm Commercial 2nd Addition,
subject to staff comments.
Attachment: Site Plan
DISCUSSION:
Baer – asked to step down due to his company’s involvement with the project.
Bird – presented to the staff report. He pointed out that internal sidewalks would not be
needed due to the nature of the proposed use and asked that the commission waive the
subdivision regulation requirement.
Bird – indicated that he made a minor mistake in the staff report regarding signage. Sign
details were provided and the commission received the insert with their packets.
Volz – reminded staff that it would still be considered a pole sign and that it would need to
be extended to the ground or made a monument sign.
Farber – mentioned that a pole could not be wrapped, the full width needed to be the full
width to the ground.
Volz – added that this would be considered a ground sign in the ordinance and that pole
signs are only allowed along K-15.
Bird – thanked the commission for advising on the proper signage and asked that the
request be incorporated into the motion for this agenda item.
Bird – recapped staff notes regarding landscaping and asked the commission to approve
the conditions for planting trees elsewhere on the site since they cannot be planted along
Rock Road, due to locations of easements and utility lines.
Bird – addressed equipment screening and indicated that upon further review the
transformer will be sufficiently screened by the parking lot screening. Bird asked the
DERBY PLANNING COMMISSION MINUTES Page 7 of 9
commission to consider waiving the statement from the staff report requesting that the
transformer be screened with landscaping.
Bird – mentioned that he talked to the applicant and agent about an access issue with the
roof top air conditioning unit and indicated they would consider relocating the unit on the
ground and provide screening. Bird let the commission know that the applicant and
agent were present to address the issue.
Bird – addressed the utilities and let the commission know that there were services in
place for water and sanitary sewer that were sufficient to handle the capacity of the
proposed use. Staff had asked the applicant to verify there was enough capacity to
handle the additional flow in the storm water system.
Bird – continued to say that staff was concerned about the private sanitary service line
utility connection shown from the NW corner of the building where the equipment room is
shown; Staff wanted to verify what the line is used for. In addition, Bird added that a new
sanitary riser could be used for a tap and that there were a couple of risers on site that
could be used if desired.
Wright – asked for clarification about the landscaping that was not possible.
Bird – answered it was the street trees in the landscape street yard, directly adjacent to
Rock Road where utility lines and easements are located.
Brian Nitcher, Agent & Contractor – addressed the signage and asked for clarification
regarding the width and type of the sign.
Farber – indicated that the top portion of the sign could remain the same as long as there
was an enclosure all the way down.
Nitcher – indicated that this should not be a major change or issue for the sign company.
Nitcher – followed up on the roof top air conditioning unit, explaining that the original plan
was to use a roof top unit; however, the parapet rise above the building eaves would
make it difficult to mount a ladder against the side of the building. Nitcher indicated that
they considered an internal access point; however, the only place available would be the
equipment room, which is not viable due to the amount of equipment in the room. Nitcher
said they will consider a location on the south side of the building on a concrete pad
along the center part of the building, running the conduit line above the wash bay room
into the mechanical room where the furnace would be and do the proper screening to
match the trash enclosure fence.
Nitcher – addressed Staff’s concern about the separate sanitary line coming out of the
NW corner of the building. He indicated that the line shown is part of the car wash drain
system and how it ties into the reclaim system. He further explained that it is connected
to 3 holding tanks shown on the utility plans page C4, which is a water reclaim system
they intend to use to reclaim the water, filter and reuse. The extra line comes out of the
tunnel drain in the car wash and ties in with the reclaim process, placed as an alternate
outlet in case the reclaim system gets backed up, which would allow the discharge to go
through the oil separator before tying into the sanitary sewer.
Volz – asked about the kiosks shown by the drive-thru lanes on the plan drawings
Nitcher – replied that it was a pay station, enclosed in block for safety that would match
the exterior of the building.
Volz – asked how the customer would drive through, whether by self or attendant.
Nitcher – replied that the customer remains in the car and drives through. He added that
there will be an attendant to help customers line up with the conveyor system.
Volz – asked if the car is mechanically taken through.
Nitcher - answered that the car will be in neutral and a conveyor will pull it through the car
wash.
Volz – asked about the south elevation and whether it was see-through glass.
DERBY PLANNING COMMISSION MINUTES Page 8 of 9
Nitcher – answered correct.
Volz – asked about the maintenance expectation to keep the glass clean.
Stan Cox, applicant – responded by saying that female customers don’t like enclosed car
washes, and therefore the glass provides an open appearance. There will be a unit that
automatically sprays the glass to clean them, or they will be manually cleaned.
Volz – asked for clarification on the site plan, A-5.1, whether the east and west elevations
were flipped.
Nitcher – answered yes, they are flipped and will be corrected when they submit for a
permit.
Wright – asked for a timeline on the project.
Cox – answered that it would take about 4 months and hoped to begin the first of
February 2013, depending on weather.
Wright – asked whether staff had a concern about pedestrian access.
Bird – answered that the proposed use is not expected to generate a lot of pedestrian
traffic. He added that once Rock Road is under construction for the middle
schoolimprovements, existing petitions will be activated to construct a 10 ft. sidewalk on
the west side of Rock Road.
Volz – indicated that Trax would not have walk-in customers. He also mentioned that this
was a better location that the prior proposal and liked the access to it from Patriot.
Volz – moved to approve.
MOTION: Keith Volz moved to approve subject to staff comments, noting that the sign
needs to be enclosed to the ground and the air conditioning unit moved to
the ground will require screening.
SECOND: Doug Chambers
VOTE: 6-0-1; Pat Baer abstained
Baer returned to the bench.
MOTION TO ADJOURN: Kelly Farber moved to adjourn.
SECOND: Sue Wright
VOTE: 7-0-0
Meeting adjourned at 7:12 PM.
DERBY PLANNING COMMISSION MINUTES Page 9 of 9
Agenda
CITY OF DERBY
________________________________________________________________
MEETING OF THE PLANNING COMMISSION
REGULAR MEETING
January 3, 2013
6:30 PM
________________________________________________________________
CALL MEETING TO ORDER
ROLL CALL
CONSIDERATION OF MINUTES: Planning Commission Meeting of December
20, 2012.
PUBLIC FORUM
AGENDA ITEMS
1. Site Plan Review – Lot 3, Block A, Anderson Farm Commercial 2 nd Addition
ADJOURN
NEXT CITY COUNCIL REPRESENTATIVES:
January 8 Gunter Hansen
January 22 Shawn Riley
February 12 Keith Volz
February 26 Sue Wright
March 12 Patrick Baer
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