Planning Commission

CITY OF DERBY PLANNING COMMISSION MINUTES April 3, 2014, 6:30 PM - Approved MEMBERS PRESENT: Pat Baer, Mitch Adams, Gunter Hansen, Shawn Riley, Larry Gould, Dennis Poteete, Jack Hezlep, Jessica Rhein MEMBERS ABSENT: Herman Hicks, Kathy Wills CITY STAFF PRESENT: Cody Bird, City Planner; Marcia Hartman, Recording Secretary CONSIDERATION OF MINUTES: Planning Commission Meeting of March 20, 2014. MOTION: Jack Hezlep SECOND: Shawn Riley VOTE: 8-0 PUBLIC FORUM OPENED PUBLIC FORUM CLOSED AGENDA ITEM NO: 1 DESCRIPTION: Final Plat – The Oaks Commercial Addition GENERAL LOCATION: Southwest corner of Patriot Avenue and Rock Road APPLICANT: Emprise Bank AGENT: Baughman Company, P.A. REASON FOR REQUEST: To plat property previously divided by a lot split in order to create a separate platted lot for sale and development. BACKGROUND INFORMATION:  The applicant is proposing to re-plat a portion of The Oaks Addition in order to create a new lot which can be sold and developed.  The subject property is approximately 1.39 acres in size and is located at the southwest corner of Patriot Ave. and Rock Rd. (south of Emprise Bank). DERBY PLANNING COMMISSION MINUTES Page 1 of 10   In 2007, Emprise Bank purchased Lot 5, Block A, The Oaks Addition along with a portion of Lot 4. The existing bank facility was built on Lot 5; the purchased portion of Lot 4 has remained vacant under Emprise Bank’s ownership.  In 2012, the portion of Lot 4 that was not purchased by Emprise Bank was split without including the bank owned portion. This split resulted in the bank owned property becoming an awkward remnant that is no longer part of Lot 4, nor is it part of Lot 5.  Platting is required to clearly identify the subject property and to create a valid legal description.  The subject property may be considered as a ‘Final Plat Only’ in accordance with the requirements of Section 418 of the Subdivision Regulations. o The proposed plat is less than 5 acres in size and is proposed to create a single new lot. o No public street or other new public reservation is proposed as part of this plat. Easements as shown on the original plat are proposed to remain on the new plat.  Re-platting the property will not affect the existing zoning.  Approval of the plat will result in a clearly defined lot that can be marketed or developed by the owner. STAFF COMMENTS: 1. Plat Name – The preliminary plat indicates the development will be referred to as “The Oaks Commercial.” This name is acceptable and does not duplicate the name of any existing plat. 2. Legal Description – The legal description is included on the face of the plat. The description references “said Lot 5 in said Block A” but Lot 5, Block A does not previously appear in the description. The applicant or their agent shall review the legal description and make modifications as necessary. 3. Lots – The proposed plat will create one new lot, Lot 1, which is of sufficient size to meet the minimum lot size requirements for the B-3 zoning. 4. Blocks – One block is proposed, and is appropriately designated as block “A.” 5. Setbacks – A building setback line is shown to be 40 ft. along Rock Rd. which exceeds the minimum required setback for B-3 zoning (minimum 35 ft. from arterial streets). The additional setback distance is due to a 20 ft. storm sewer and utility easement. Building setbacks in the B-3 zoning district are not required along side or rear lot lines when adjacent to non-residential properties, and none are shown. When a building is proposed for construction, if a side or rear yard setback is proposed, it shall not be less than 5 feet in accordance with the Zoning Ordinance. DERBY PLANNING COMMISSION MINUTES Page 2 of 10 6. Easements – All existing easements are shown on the final plat. No new easements are proposed. 7. Streets and Access – The subject property abuts the west side of Rock Rd., a 4-lane arterial street with a continuous center turn lane and a continuous southbound accel/decel lane at this location. Access to the property is gained by way of a 30 ft. joint access easement centered on the south property line of Lot 5, Block A, The Oaks Addition (Emprise Bank lot). There is also a recorded non-exclusive cross-lot access agreement in place for all lots within Block A, The Oaks Addition which may provide additional access when adjacent lots develop. The applicant is advised to review the cross-lot access agreement to see if any modifications are necessary. 8. Drainage – Drainage for the subject area was originally addressed in the drainage plan for The Oaks Addition. The site is intended to drain to the east into the existing stormwater sewer along the east property line. The drainage pattern and impermeable surfaces of the area will not be significantly different than what was anticipated in the original plan. The existing drainage plan for The Oaks Addition is sufficient for the proposed plat. 9. Public Improvements –  Sanitary Sewer – A 10-inch sanitary sewer line is in place along the east side of the subject property and is sufficient to accommodate development of the site for commercial use. The applicant is advised that the main line will need to be tapped when building on the site is proposed and applicable connection and tap fees will apply.  Water and Fire Protection – There is an existing 24-inch waterline located in the west side of the Rock Rd. right-of-way. The existing line is sufficient to provide water service to the site. The applicant is advised that if water service is needed for the site, the contractor is responsible for the cost of tapping the 24-inch line and providing a city approved valve in accordance with city policy. Derby Fire Department staff has reviewed the proposed plat and has no concerns.  Stormwater Sewer – An existing stormwater sewer is located within the Rock Rd. street right-of-way and provides sufficient capacity for drainage expected from development of the subject property.  Sidewalks and Bike Paths – An 8-foot Hike & Bike path is already in place along Rock Rd. adjacent to this site. When the site develops, a continuous sidewalk will be required to connect all buildings of the development to the City Hike and Bike path. DERBY PLANNING COMMISSION MINUTES Page 3 of 10 10. Guarantee for Installation of Public Improvements – The public improvements noted above were constructed previously and special assessments were spread to the benefit districts. Emprise Bank is currently responsible for special assessments to Lot 5, Block A, The Oaks Addition as well as the property proposed to be platted. The applicant has submitted agreements to respread the special assessments to each of the lots separately. Staff is reviewing the respread agreements and will coordinate with the applicant to address any changes to the agreements. Following any necessary revisions, executed agreements meeting approval of the City are required prior to City Council consideration of the final plat. 11. Plat Binder – A plat binder was submitted along with the plat. All property interests and encumbrances appear to be identified on the final plat. 12. Developer’s Agreement – A draft developer’s agreement was submitted along with the plat and is presently being reviewed by city staff. Staff will coordinate with the applicant to address any changes to the agreement. Following any necessary revisions, an executed developer’s agreement meeting the approval of the City will be required before final plat consideration by the City Council. 13. Miscellaneous – The property owner’s signature block, second sentence states “The utility easement is are hereby granted…” Believe it should say “Utility easements are hereby granted…” The notary block below the property owner block has the property owner’s name listed as the notary. This block needs to be updated to include the name of a different notary or a blank line to fill in the name of a notary. The City Attorney’s name should appear as Jacqueline R. Butler. Upon acceptance of a final plat by the 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. RECOMMENDATION: Approve the final plat of The Oaks Commercial Addition to Derby, Sedgwick County, Kansas subject to staff comments and authorize the applicant to proceed with preparation of the final plat tracing. Attachments: Final Plat DERBY PLANNING COMMISSION MINUTES Page 4 of 10 DISCUSSION: Chairman Baer - disclosed that he is an employee of Baughman Company and will abstain from voting on agenda item 1. He acted as Chairman of the meeting to direct the proceedings and maintain order. City Planner, Cody Bird - presented the staff report and provided new information that was not included in the staff report. He indicated that Westar Energy contacted staff to request a 20 ft. easement on the west property line. Staff recommended that the Planning Commission could approve the plat subject to the applicant and Westar Energy presenting an arrangement for the requested easement that is acceptable to city staff. Commissioner Hansen – asked to clarify that the request was for a 20 ft. easement instead of a 10 ft. easement. Bird – confirmed the request was for a 20 ft. easement. Kris Rose, Applicant, Baughman Company – explained that Westar intends to expand their utilities to the south and that the access drive will interfere with above ground utilities. They are working with Westar to accommodate an easement that will not compromise the development. Commissioner Rhein - asked the purpose for the additional tract and where they plan to locate the utility easement. Rose – answered that it will be designed for retail space with cross lot access and shared use of the west side drive. He explained that there is utility equipment above ground that needs to be moved, but there are challenges to where it can be relocated. Bird – summarized to the Commission that staff would work with the applicant and Westar to reach an agreement that is acceptable. Rose – closed with saying that the applicant agreed with the rest of the comments contained in the staff report. MOTION: Hezlep SECOND: Gould VOTE: 7-0-1; Baer abstained AGENDA ITEM NO: 2 DESCRIPTION: Preliminary Plat – The Oaks 4th Addition GENERAL LOCATION: Southeast of the intersection of Newberry Street and Lookout Street APPLICANT: William Lusk, Jr. Living Trust AGENT: Baughman Company, P.A. REASON FOR REQUEST: Replat existing single-family lots to allow for construction of two-family duplexes. DERBY PLANNING COMMISSION MINUTES Page 5 of 10 BACKGROUND INFORMATION:  The applicant has submitted a request to replat 6.26 acres of land located at the southeast corner of Newberry St. and Lookout St. to allow for construction of two- family duplexes.  The area proposed for platting is a replat of a portion of The Oaks 2nd Addition (15 platted single-family lots and street right-of-way).  The site is adjacent to an existing single-family residential development on the north side, and is nearly completely surrounded by reserves, including an existing golf course, on the other sides.  Rezoning of the property to R-2 Two-Family Residential was recently considered by the Planning Commission and approved by the City Council at the March 11, 2014 City Council meeting.  The replat is proposed to accommodate duplex development as well as to reconfigure street right-of-ways to account for a realignment of Lookout Street. STAFF COMMENTS: 1. Plat Name – The preliminary plat indicates the development will be referred to as “The Oaks 4th Addition.” This name is acceptable and does not duplicate the name of any existing plat. 2. Legal Description – The legal description is shown on the face of the preliminary plat. The legal description references recorded name changes for the cul-de-sacs; however, the changes are not reflected on the drawing. The legal description refers to “Newberry” a couple times without reference to a street designation (St., Ct., Pl., Cir.): The agent shall clarify the street designation as necessary and shall review the legal description for accuracy. 3. Lots – The applicant is proposing to reconfigure lots to accommodate duplex development. All lots within the proposed development appear to be of sufficient size to meet the minimum lot size requirements of the R-2 Zoning District (4,500 sq. ft. per dwelling unit). The applicant or their agent shall verify the lot sizes with city staff. All lots exceed the minimum lot width requirement of 70 ft. as measured at the building setback line. 4. Blocks – Block letters are appropriately shown on the preliminary plat. 5. Setbacks – Building setback lines are shown to be 25 ft. on all lot lines abutting a public street, except for corner lots which are allowed to reduce one side to a setback of 15 ft., in conjunction with the platting of access control. The building setback along the north property line of Lot 6 may be increased to 25 ft. in order to eliminate the complete access control to Newberry Cir. (shown as DERBY PLANNING COMMISSION MINUTES Page 6 of 10  Newberry Pl.). The 25 ft. setback on both sides of this corner lot will allow for additional design flexibility and will be consistent with setbacks of adjacent properties to both the east and the south. The south property line can be adjusted to account for the additional setback. 6. Easements – Easements shown along rear lot lines are sufficient to meet the requirements of the Subdivision Regulations and to accommodate existing utilities. The 20 ft. storm sewer easement centered on the property line between Lots 9 and 10 does not align with the existing storm sewer pipe to drain Newberry Ct. (shown as Newberry Cir.) to Reserve K, The Oaks 2nd Addition. The property lines of the proposed lots should be adjusted in order to align the storm sewer easement with the existing storm sewer pipe. The utility plan shows a proposed 8-inch sanitary sewer line along the west side of Lot 5 and the property line between Lots 6 and 7 to provide service to Lots 12-15. This sanitary sewer line extension needs to be contained within a 20 ft. easement. An easement is also necessary on the west side of Newberry Pl. on Lots 12-15. 7. Streets and Access – The preliminary plat submitted shows an extension of Newberry St. along with cul-de-sacs for Newberry Cir. and Newberry Ct. which is very similar to the configuration which is currently platted. The greatest change is where Lookout St. connects to Newberry St.: Lookout St. is shifted further to the north and would now be a “T” intersection with Newberry St. with a stop sign posted for eastbound Lookout St. traffic. The street configuration and widths as shown will be sufficient to accommodate traffic expected with this development. All lots are currently shown to provide adequate access to a public street. The applicant or their agent shall ensure that adequate access is maintained when lot lines are adjusted. Complete access control is appropriately shown along the west line of Lot 1 and along the north line of Lot 15. Complete access control is also shown along the north line of Lot 6, but as staff noted previously in this report, increasing the building setback line to 25 ft. and allowing access via the north line of Lot 6 may be preferable. 8. Reserves – The preliminary plat proposes one reserve, Reserve “A” which is intended for landscaping, open space, drainage and utilities. The proposed reserve area is a low spot for stormwater runoff to collect before entering into an existing stormwater sewer inlet. The language on the preliminary plat suggests that the reserve be owned and maintained by the owner of Lot 8, Block D, The Oaks 2 nd Addition: The applicant shall assure potential purchasers of Lot 8, Block D, The Oaks 2nd Addition are aware of this responsibility. 9. Drainage – Drainage for the subject area was originally addressed in the drainage plan for The Oaks 2nd Addition. The drainage pattern and impermeable surfaces of the area when developed as duplexes will not be significantly different than the single- family lot configuration for which the drainage was originally designed. The drainage plan as proposed with The Oaks 2nd Addition is sufficient for the proposed plat. DERBY PLANNING COMMISSION MINUTES Page 7 of 10  As was noted previously, the stormwater sewer easement centered between Lots 9 and 10 needs to be configured to convey runoff to the existing storm sewer pipe which drains to Reserve K, The Oaks 2nd Addition. 10. Public Improvements –  Sanitary Sewer – Existing sanitary sewer lines are in place along the north, east and south sides of the proposed development. Existing lines can provide service to most lots; however, an extension is proposed to be located along the property line between Lots 6 and 7 and to extend across Newberry Pl. to provide service to Lot 6 and Lots 12-15. Staff recommends the extension along the west side of Newberry Pl. be extended south to provide service to Lot 11 as well (existing utilities in the rear of Lot 11, in addition to the depth of the sanitary sewer line may make sanitary sewer service connections in the rear difficult). Sanitary sewer risers were installed based upon the current single-family lot configuration when the existing sanitary sewer line was constructed. The applicant is advised that duplex developments are required to provide separate sewer connections for each dwelling unit and applicable connection and tap fees will apply. Easements for sanitary sewer extensions shall be dedicated on the plat as noted previously.  Water and Fire Protection – Water service is shown to be provided by connection to the existing 8-inch waterline in Newberry St. to the north. An extension is also shown in the Lookout St. right-of-way to the west property line. Derby Fire Department staff has reviewed the proposed preliminary plat and has no concerns.  Sidewalks and Bike Paths – Derby ordinance requires sidewalks to be provided on both sides of all new residential streets. Sidewalks are to be a minimum of 4 ft. wide and are to be located at the edge of the street right-of-way line. A bike path is not required at this location. 11. Guarantee for Installation of Public Improvements –Public improvements are required to be guaranteed by the developer. Petitions for installation of required improvements have been received; however, the petitions may need to be modified to reflect the proposed changes to the benefit district. City staff will work with the applicant to finalize the petitions and subsequent resolutions. 12. Plat Binder – The agent has stated that a plat binder addressing property interests and encumbrances will be submitted along with the final plat. 13. Developer’s Agreement – A draft developer’s agreement was submitted along with the preliminary plat and is presently being reviewed by city staff. Staff will coordinate with the applicant to address any changes to the agreement. Following any necessary DERBY PLANNING COMMISSION MINUTES Page 8 of 10  revisions, an executed developer’s agreement meeting the approval of the City will be required before final plat consideration by the City Council. 14. Miscellaneous – The scale of the drawing is shown as 1” = 60’ however the drawing measures at 1” = 50’. Upon acceptance of a final plat by the 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. RECOMMENDATION: Approve the preliminary plat of The Oaks 4th 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 Chairman Baer - disclosed that he is an employee of Baughman Company and will abstain from voting on agenda item 2. He acted as Chairman of the meeting to direct proceedings and maintain order. City Planner, Cody Bird - presented the staff report. Commissioner Adams – asked for clarification on the location of Reserve “A” and the distance from Lot 8 where the property owner would be required to maintain the reserve. Bird – answered that the reserve is located in the northwest corner of the plat. He said it contains utilities and is a low point where runoff enters a stormwater pipe under Newberry St. He indicated that it was not typical to include a reserve with a single-family residential lot as proposed; however, there is not any other way to accommodate it and maintain the public utilities. He explained that the reserve would be maintained by the owner of Lot 8, Block D adjacent to the reserve. Commissioner Riley – asked how the owner’s contract would be written to disclose to the owner of Lot 8 in The Oaks 2nd Addition the maintenance responsibility for a reserve in The Oaks 4th Addition, and he asked the size of the reserve. Kris Rose, Applicant, Baughman Company – said that once the plat is recorded, a legal description is created and sent to the county. The county and the title company provide the owner with the legal description. He said the area is not very big and was mostly contained as a utility easement for sanitary sewer and stormwater lines. Bird – mentioned that the stormwater line will not connect with the adjacent development. The stormwater pipe runs along the north edge of the subject site and then is piped south to an existing drainage pond. Commissioner Rhein – asked Bird to address the 20 ft. stormwater sewer easement alignment mentioned in the staff report under item number 6. DERBY PLANNING COMMISSION MINUTES Page 9 of 10