Planning Commission

CITY OF DERBY PLANNING COMMISSION MINUTES June 6, 2013 6:30 PM MEMBERS PRESENT: Gunter Hansen, Doug Chambers, Pat Baer, Jack Hezlep, Shawn Riley, Kathy Wills, Mitch Adams, Dennis Poteete, Choose an item., Choose an item. MEMBERS ABSENT: Josh Kippenberger, Herman Hicks CITY STAFF PRESENT: Cody Bird, City Planner; Marcia Hartman, Recording Secretary CONSIDERATION OF MINUTES: Minutes of Thursday, May 2, 2013 Planning Commission Meeting MOTION: Jack Hezlep SECOND: Shawn Riley VOTE: 7-0-1, Shawn Riley abstained CONSIDERATION OF MINUTES: Minutes of Thursday, May 16, 2013 Planning Commission Workshop MOTION: Gunter Hansen SECOND: Jack Hezlep VOTE: 8-0-0 PUBLIC FORUM OPENED PUBLIC FORUM CLOSED MEETING DATE: June 6, 2013 AGENDA ITEM NO: 1 DESCRIPTION: Preliminary Plat – K-15 Plaza 5th Addition GENERAL LOCATION: Northwest corner of Greenway St. and Buckner St. APPLICANT: Rockport PB Investments, LP AGENT: Baughman Co. – Kris Rose REASON FOR REQUEST: Divide one large tract into 4 lots in order to allow the sale of one lot for use as a church. DERBY PLANNING COMMISSION MINUTES Page 1 of 7 BACKGROUND INFORMATION:  The area proposed for platting is a replat of the K-15 Plaza Second Addition.  The request is made in order to divide one large tract into 4 smaller lots to allow the current owner to sell lots to prospective buyers.  Platting of the property pursuant to Derby Subdivision Regulations is required whenever land is proposed to be divided or further divided into more than two lots.  The subject property is approximately 9 acres in size and is located at the northwest corner of Greenway Street and Buckner Street.  The property is zoned “B-3 General Business.” Existing retail and restaurant uses are permitted in the B-3 District.  Properties to the south and north of the subject property are also zoned B-3 except for a multiple-family apartment building (R-4 zoning) north of the proposed Lots 3 and 4. Properties east of Buckner Street are in the “B-2A Buckner Business District” which provides for a mix of small business and single-family residential uses.  Lot 3 of the proposed plat is currently being considered for use as a church site. Churches and places of worship are permitted uses in the B-3 Zoning District. The existing building is proposed to be remodeled to accommodate the church use. STAFF COMMENTS:  Lots – The applicant is proposing that the existing large lot be divided into 4 smaller lots. The lots are shown to divide the existing structures along either exterior walls or a shared wall. Lot lines are drawn to include existing parking spaces for each lot without splitting individual parking spaces between separate lots. All 4 proposed lots meet the minimum lot size requirements of the B-3 Zoning District. All lots exceed the minimum requirement of 35 ft. of access to a public street. In addition, the applicant is proposing a covenant to be recorded which designates all 4 lots as parties to a joint access and cross-lot parking agreement which will allow free access to and across the vehicular circulation aisles and parking spaces.  Setbacks – Building setback lines adjacent to existing streets (Nelson Drive, Greenway Street and Buckner Street) are shown at 35 ft. in accordance with the zoning requirement. Side yard setbacks are not required when commercial properties are adjacent to another commercial property and none are shown on the plat. However, the Zoning Ordinance requires that if a side yard setback is provided, it shall not be less than 5 feet. For this reason, the lots lines have been divided along the exterior walls of existing buildings in order to provide the minimum setback required. If the minimum setback were not provided, firewalls would likely be required in accordance with applicable building and fire codes. DERBY PLANNING COMMISSION MINUTES Page 2 of 7  Lot 3 and Lot 4 are adjacent to an existing R-4 Residential District to the north. These lots require a 25 ft. building setback which is not shown on the preliminary plat. The applicant shall include the applicable setback in accordance with the Zoning Ordinance (411.E.c.) on the final plat.  Easements – Utility easements shown on the preliminary plat are as recorded on the plat for K-15 Plaza Second Addition. These easements currently contain various utilities to serve existing buildings. The applicant or their agent shall verify if any additional easements recorded by separate instrument encumber the subject property. The plat of K-15 Plaza Second Addition includes a 10 ft. utility easement along the south property line which is not included on the preliminary plat. Since the Greenway Street right-of-way is narrower than current Subdivision Regulations require (existing right-of-way is 60 ft., though current Subdivision Regulations requires 70 ft. for local non-residential streets) Staff is requiring that the 10 ft. utility easement remain. If the applicant provides just cause for removing the easement, the Planning Commission may at its discretion, approve the removal of this easement. Because this site is already developed, infrastructure to serve the site is in place so no new public easements are being proposed. Utility companies and agencies have been notified of the preliminary plat, and to date, no additional easements have been requested. In addition to public easements, the applicant is proposing a declaration of easements for utilities to serve all lots within the plat area. The declaration is contained within a restrictive covenant and provides for the installation, maintenance, repair and removal of private utility lines within any common area (areas not occupied by a building). The covenant will be recorded at the same time as the plat and will be binding to all heirs, successors and assigns.  Access Control – Complete access control is shown on Buckner Street except for a 40 ft. opening at the north property line and a 50 ft. opening mid-lot. Both openings allow existing drive approaches with full turning movements. There is also complete access control extending 130 ft. both east and north from the property corner at the intersection of Nelson Drive (K-15 Service Road) and Greenway Street. No additional access control is being required.  Existing Streets – All 4 proposed lots have access available on Greenway Street. Lot 1 and Lot 4 also have access to Nelson Drive and Buckner Street, respectively. In addition to direct access to public streets, the proposed cross-lot agreement will allow greater flexibility for Baerrons to reach their destinations from any adjacent street. There are no new streets being proposed and none are required. DERBY PLANNING COMMISSION MINUTES Page 3 of 7  The applicant shall update the street name shown as “K-15 Service Road” on the preliminary plat to “Nelson Drive”, and shall add the designation “Street” to both Greenway Street and Buckner Street.  Existing Parking – The proposed covenant for cross-lot parking will be recorded at the time the final plat is recorded and will run with the land. The covenant is binding to all heirs, successors and assigns, thus ensuring that adequate parking will be available to all lots. The applicant is advised that additional accessible parking spaces and accessible aisles may be required in order to be in compliance with the current edition of ADA Standards for Accessible Design. Accessible parking and accessible aisles should be coordinated with the Building Trades Official.  Drainage – A drainage plan is normally required to be submitted with a preliminary plat. Because the area is fully developed and the re-platting of the land will not result in drainage impacts, staff did not require the applicant to develop a drainage plan. Existing contours shown on the preliminary plat demonstrate that the site slopes gradually to the west. Stormwater runoff flows over the parking surface to the west where it eventually drains into the open ditch along Nelson Drive. The proposed plat does not affect the existing drainage and no improvements are proposed or required. To assist the City’s utility department in accurately assessing the stormwater utility fee to each of the new lots, the applicant shall provide the total impermeable surface area of each lot. This information should be submitted with the final plat.  Public Improvements – The City’s Subdivision Regulations require applicants to guarantee the installation of public improvements, typically provided in the form of petitions. Because the site is already developed and no new public improvements are required, petitions for public improvements are not necessary in accordance with Section 701.A. of the Subdivision Regulations. o Water and Fire Protection – Derby Fire Department staff has reviewed the proposed preliminary plat and has stated that the existing water lines and fire hydrant locations are sufficient for fire protection.  Plat Binder – A plat binder addressing property interests and encumbrances was not submitted along with the preliminary plat. The applicant shall submit the plat binder with the final plat.  Developer’s Agreement – A draft Developer’s Agreement has been submitted by the applicant. City staff is in the process of reviewing the Developer’s Agreement and will communicate any necessary changes to the applicant or their agent.  Upon acceptance of a final plat by the Derby City Council, the applicant shall ensure that monuments are placed at all block corners, angle points, points of curves in streets and at intermediate points as required by the City. DERBY PLANNING COMMISSION MINUTES Page 4 of 7 RECOMMEND A MOTION TO:  Approve the Preliminary Plat of K-15 Plaza 5th Addition to Derby, Sedgwick County, Kansas subject to staff comments and authorize the applicant to proceed with preparation of the Final Plat. Attachments:  Preliminary Plat DISCUSSION: Baer declared his employment with Baughman Co., the engineering firm representing the applicant. He further declared that he had no prior involvement in the matters being discussed and thus could be objective and continue to participate in the discussion. Bird – began by recapping the background information, indicating that it is one large lot proposed to be divided into 4 smaller lots. Poteete – asked why it needed to be divided. Bird – answered that platting is not required, however, the church desires to buy the property rather than lease it. Platting creates identifiable lots that can be sold individually rather than separating out a portion of a single larger lot. The church is also looking at options for buying an adjacent lot in the future. By platting the property into multiple lots, It will be easier for the property owner to sell a lot or lots in the future. Bird – pointed out that the lot lines drawn wouldn’t normally “zig-zag,” but since everything on site already exists, it would have been an unnecessary expense to the owners to re-configure the parking lot and traffic circulation. Staff looked at how the lot lines were drawn through the buildings and was able to work with the applicant to align them on a shared wall of one of the buildings and exterior for the other two. That was to ensure that a 5 foot setback was maintained; otherwise a firewall would have been required which would add an additional cost to property owners. Bird – said the existing streets and access are fully constructed. There is complete access control on Buckner Street except for existing openings that allow full turning movements. The existing parking lot is paved and the drainage is established and functioning the way it was intended. The proposed plat would not change the drainage and therefore a drainage plan was not required. There were no public petitions for public improvements that are normally associated with a plat to construct the streets or utilities to serve the lot. Derby Fire Department reviewed the site and proposed plat and found that there is adequate fire flow and hydrants to provide fire protection to all lots. Hezlep – asked if building #204 belonged to the tag office. Kris Rose, Baughman Company, Agent for applicant – stepped up to the podium, he indicated that the tag office is building #206 and #204 is Casa Martinez. Baer – asked Cody to explain the required setback from churches or school property for businesses selling alcoholic beverages. Bird – said the required setback is 200 feet if the business selling alcohol locates next to an established church or school property. However, a church or school may choose to locate less than the 200 foot from an existing retail liquor store. DERBY PLANNING COMMISSION MINUTES Page 5 of 7 Hezlep – asked if changes to the building would require review by the Planning Commission. Baer & Bird – explained that the requirement for site plan review by the Planning Commission is only triggered if the cost of the remodel is greater than 50% of the current County appraised value for the property. Hezlep – stated he was concerned about what a property owner could do to the face of their building, such as painting it purple, and asked what restrictions may apply. Baer – asked if there were covenant requirements for the building. Bird – answered that draft covenants were submitted along with the preliminary plat. City staff is continuing to review the proposed covenants. Rose – also stated that he would follow up on the question regarding building facades with the applicant. Baer – asked if the cross-lot access would allow future tenants to share use of the parking lot. Bird – replied that the cross-lot agreement would allow all lots to share all of the parking area. Wills –asked why Lots 1, 3, 4 were marked as zone B-3 but Lot 2 was not. Rose – answered that all of the lots will retain their existing B-3 zoning designation. Baer – asked about a staff comment concerning the 10 foot utility easement. Bird – said there is an existing 10 foot easement reserved for public utilities. Staff does not find it advisable to vacate the easement because the street right-of-way is already more narrow than the Subdivision Regulations normally require. The right-of-way at this location is 60 feet, but normally 70 feet is required. Rose – indicated his concern for the existing sign located in the easement and whether they could locate a sign in the same location. Westar has indicated they would not need the additional easement. Rose also mentioned that since being platted in 1975 and re- platted in 1985, there have been no utilities located within the 10 foot easement. He asked what the applicant’s options for the sign would be if the 10 foot easement remains. Bird – said that the survey showed the existing pole sign to be located on the outside edge of the easement. Rose – replied that the sign is supported by two poles: one pole is within the easement and one pole is outside the easement. Baer – asked what is the owner’s intent for the sign. Rose – answered that the current owner has no interest in the sign; however, the buyer desires to keep it. At this time, they don’t have a plan for the sign. Baer – asked for clarification on staff’s recommendation for the easement. Bird – answered that staff’s opinion is that the easement should remain. Poteete – asked for clarification regarding what would become of the existing pole sign. Baer – answered that signs are not allowed within easements, and thus if the easement is kept, the current sign would not be compliant. Bird – concurred that no permanent structures are permitted within easements. Additionally, the existing sign is a pole sign which is prohibited by the current Zoning Regulations. If the sign is used, it will need to come into compliance with the current sign regulations. Hezlep – agreed that it would be advisable to keep the existing easement. Baer – also agreed with the justification in leaving the easement, and to comply, the owner would need to relocate the sign. DERBY PLANNING COMMISSION MINUTES Page 6 of 7 Rose – asked if he could work with staff on alternatives to maintaining the easement and finding an appropriate sign location. The final decision could be considered at the final plat hearing. Planning Commission – agreed with Rose’s request. Bird – explained that there is an R-4 “Multiple-Family Zoning District” north of lots 3 & 4. When commercial property abuts residential property, a 25 foot building setback is required. This setback was not shown on the preliminary plat; however, staff recommended including it on the final plat. Hezlep – asked if the restaurant Wheat State Pizza will remain. Bird – replied that he had heard no discussion of any changes with the existing businesses. The church has expressed interest in purchasing Lot 3, with an option on Lot 2 should it become available in the future. Rose – indicated that he agreed with staff comments. Hezlep – motioned to approve the preliminary plat for K-15 Plaza 5th Addition subject to comments and retention of the existing 10 foot easement adjacent to Greenway Street. MOTION: Jack Hezlep SECOND: Mitch Adams VOTE: 8-0-0 Bird – announced that the first regularly scheduled Planning Commission meeting for July is canceled due to falling on the Independence Day holiday. MOTION TO ADJOURN: Pat Baer SECOND: Gunter Hansen VOTE: 8-0-0 Meeting adjourned at 8:30pm Marcia Hartman Pat Baer Recording Secretary Chairman DERBY PLANNING COMMISSION MINUTES Page 7 of 7