Planning Commission

CITY OF DERBY ________________________________________________________________ MEETING OF THE PLANNING COMMISSION REGULAR MEETING April 17, 2014 6:30 PM ________________________________________________________________ CALL MEETING TO ORDER ROLL CALL CONSIDERATION OF MINUTES: Planning Commission Meeting of April 3, 2014. PUBLIC FORUM AGENDA ITEMS 1. Zone Change Request – Lot 1, Block D, The Oaks Addition: B-2 to B-3 2. Site Plan Review – USD 260 Central Kitchen ANNOUNCEMENTS ADJOURN NEXT CITY COUNCIL MEETING REPRESENTATIVES: April 22 Cancelled May 13 Shawn Riley May 27 Larry Gould June 10 Mitch Adams June 24 Kathy Wills  CITY OF DERBY PLANNING COMMISSION MINUTES April 17, 2014, 6:30 PM MEMBERS PRESENT: Pat Baer, Jack Hezlep, Kathy Wills, Shawn Riley, Herman Hicks, Dennis Poteete, Larry Gould, Jessica Rhein MEMBERS ABSENT: Mitch Adams, Gunter Hansen CITY STAFF PRESENT: Cody Bird, City Planner; Marcia Hartman, Recording Secretary CONSIDERATION OF MINUTES: Planning Commission Meeting of April 3, 2014. MOTION: Hezlep SECOND: Poteete VOTE: 7-0-2, Hicks and Wills abstained PUBLIC FORUM OPENED PUBLIC FORUM CLOSED AGENDA ITEM NO: 1 DESCRIPTION: Zone Change Request (Public Hearing) B-2 Neighborhood Business to B-3 General Business GENERAL LOCATION: SW corner of Tall Tree Road and Rock Road APPLICANT: William Lusk, Jr. Living Trust AGENT: Baughman Company, P.A. REASON FOR REQUEST: Allow greater flexibility for commercial land uses BACKGROUND INFORMATION:  A request has been submitted to rezone a platted lot at the southwest corner of Tall Tree Rd. and Rock Rd. from the existing B-2 “Neighborhood Business” zoning to B-3 “General Business” zoning to allow additional commercial business uses.  The application area of this request is legally described as Lot 1, Block D, The Oaks Addition. The subject lot is approximately 6.5 acres. DERBY PLANNING COMMISSION MINUTES Page 1 of 17   Zone change requests require a Public Hearing. o The “Notice of Public Hearing” was published in the Derby Informer on March 26, 2014. o Notices were sent to neighboring property owners as prescribed by state law. o The official ownership list of the notification area is on file at City Hall.  At the time of this writing, City staff has not received any verbal or written comments concerning this request. Findings of Fact Section 1100(I) of the Zoning Regulations provides the guidelines for the development of Findings of Fact which act to support the Planning Commission’s recommendation in a rezoning case. The Planning Commission may find that not all factors will be relevant to this zone change request. Factors determined to be relevant by the Commission should be given consideration relative to both positive and negative findings. In order to properly make a recommendation to the City Council, the Planning Commission must make specific and substantiated Findings of Fact supporting its recommendation. The following are the rezoning factors that the Planning Commission must consider, a brief explanation of each factor, and staff’s opinion of findings (in italics) of each factor: 1. THE ZONING, USES AND CHARACTER OF THE NEIGHBORHOOD: (Factual description of the application area and surrounding property as to existing zoning, land uses, general condition, age of structures, etc.) The subject property is approximately 6.5 acres in size and is located at the southwest corner of Tall Tree Rd. and Rock Rd. The property lies within the area platted as The Oaks Addition, approved in 2001. All of the subject property is presently zoned B-2 Neighborhood Business District. The property is undeveloped and has historically been used for agricultural purposes. The owner of the property completed significant grading work on the site in 2013 in order to raise and level the site to a buildable grade. There are no existing structures on the subject property. Existing land uses and zoning adjacent to the proposed rezoning area are as follows: Surrounding Zoning and Land Uses Direction Zoning Land Use Fast Food Restaurant and North B-3 "General Business" undeveloped lots (across Tall Tree Rd.) Commercial Retail and East B-3 "General Business" Restaurant Facilities (across Rock Rd.) South R-1 "Single-Family Residential" Utility Major: Electric Substation Drainage Reserve West R-1 "Single-Family Residential" Existing Single-Family Homes DERBY PLANNING COMMISSION MINUTES Page 2 of 17  B-2 zoning is typically used as a buffer between properties that are zoned for higher intensity uses, such as B-3, and properties that are zoned for residential or a less intensive commercial use, such as B-1. At this location, property proposed for rezoning is adjacent to other B-3 zoned properties and an electric substation. On the west side of the subject property is a drainage reserve with existing trees which effectively provides a buffer and screening from single-family residences located on Newberry St. Buffering from the proposed B-3 zoning is not a significant factor at this location. 2. THE SUITABILITY OF THE SUBJECT PROPERTY FOR THE USES TO WHICH IT HAS BEEN RESTRICTED: (How is the property currently zoned and what uses are allowed on the property? Are these uses suitable given surrounding zoning and site criteria? Are the current allowed uses the only ones that might be appropriate for this property?) The subject site is presently zoned B-2 Neighborhood Business District which is intended for retail sale of convenience goods and services in shopping districts of limited size which are near residential neighborhoods. With its present B-2 zoning, prospective developers have a variety of permitted uses available for use on the property, with certain size limitations applying. If the requested change from B-2 to B-3 is approved, all of the uses permitted in the B-2 district plus an additional 21 uses listed in B-3 will be allowed. Of those 21 additional uses, 4 can be allowed in B-2 as conditional uses and the other 17 would not seem to be objectionable uses for this particular location. Some of the more significant new uses would include churches, home improvement centers, hospitals and hotel/motels. The size and shape of this particular property would not likely accommodate a home improvement center or hospital, so the uses that will be allowed with the requested zoning seem appropriate for this location. Uses permitted in the B-3 District are suitable for the subject site. Surrounding zoning and land uses are compatible with the uses proposed and there is an existing buffer between the subject site and single-family residences. 3. EXTENT TO WHICH REMOVAL OF THE RESTRICTIONS WILL DETRIMENTALLY AFFECT NEARBY PROPERTY: (Can the uses allowed in the requested district be good neighbors to existing development? This is a subjective question. The focus should be on facts, not fears, and should be based on issues that zoning can address (e.g. allowed uses, minimum lot size, height, setbacks, traffic generation, landscaping and screening, use limitations, etc.) The subject property is currently zoned B-2 to allow commercial businesses. The requested B-3 zoning is also for commercial businesses; however, B-3 would allow a wider variety of uses, and would also remove floor area restrictions associated with some business types under the existing B-2 zoning (e.g. 3,500 square feet for appliance repair shops, mail receiving and packing services, and restaurants). The additional uses and floor area afforded by the B-3 district is compensated by increased building setbacks along property lines adjacent to residential properties. The subject property abuts residential property on only one side for a distance of approximately 113 ft. Under the current B-2 zoning, a DERBY PLANNING COMMISSION MINUTES Page 3 of 17  structure is required to be setback 10 ft. from this property line, whereas B-3 zoning requires an increased setback of 25 ft. As the subject lot is already currently zoned for commercial use, nearby residential property owners have known that the property would be developed for business. Allowing commercial uses permitted under B-3 zoning should not cause any significant impact above what is expected with the current zoning. There is also a platted reserve area which provides buffer space between the residential properties and the subject site, and existing vegetation in this reserve provides ample screening. Other adjacent properties include an electric substation and other B-3 zoned commercial properties which will not be impacted by the uses permitted under the requested B-3 zoning. 4. LENGTH OF TIME SUBJECT PROPERTY HAS REMAINED VACANT AS ZONED: (Factual information, but its importance may be somewhat subjective. A property may be vacant because the current zoning is unsuitable, but there may be other reasons not related to zoning. Some examples might be a glut of available property of the same zoning district, financing problems, land speculation, fragmented ownership, lack of available public services or other development problems). The area was zoned and platted in 2000-2001. When originally zoned B-2, there was little or no development nearby the subject site. Since that time, the adjacent area along Rock Rd. has developed for commercial uses, all under B-3 zoning. Being situated at a signalized intersection at the corner of an arterial commercial corridor and a collector street may not be conducive for the neighborhood business model for which the B-2 district is intended. 5. RELATIVE GAIN TO THE PUBLIC HEALTH, SAFETY AND WELFARE AS COMPARED TO THE LOSS IN VALUE OR THE HARDSHIP IMPOSED UPON THE APPLICANT: (The protection of public health, safety and welfare is the primary basis for zoning. The relationship between the property owner’s right to use and obtain value from their property and the City’s responsibility to its citizens should be weighed). Land use restrictions fall under the jurisdiction of the police power, conferred to the City from the State. The police power includes the responsibility for a City to provide for the protection of the safety, health and welfare of the community. Zoning of land into categories or districts has long been recognized as an appropriate means of ensuring that proposed uses of land are compatible with neighboring land uses. The re-zoning of the subject property from B-2 “Neighborhood Business” to B-3 “General Business” should not have a negative impact on the community’s health, safety, or welfare since infrastructure required for the development of this lot is already in place and municipal and emergency services can be provided with existing resources. Retaining the existing B-2 zoning could impact the owner of the property since development of the site under B-2 zoning would restrict retail and service businesses to maximum floor areas that are considerably less than the subject site would be capable of accommodating, thus potentially diminishing the value of the property. DERBY PLANNING COMMISSION MINUTES Page 4 of 17  6. CONFORMANCE OF THE REQUESTED CHANGE TO THE ADOPTED OR RECOGNIZED COMPREHENSIVE PLAN: (Does the request agree with the adopted plan recommendations? If not, is the plan out-of-date or are there mitigating circumstances which speak to the nonconformity?) The proposed B-3 zoning is consistent with the adopted Comprehensive Plan. The Comprehensive Plan identifies the subject area as “General Commercial” on the Future Land Use Map. “General Commercial” is defined as a broad variety of regional office, retail, and general business service uses whether located in centers or in standalone buildings. The property considered for rezoning is well located for general commercial development allowed under B-3 zoning. Furthermore, a policy for guiding retail/commercial development identified in the Comprehensive Plan is to “develop office and commercial uses in planned centers of compact clusters, as opposed to extended strip developments.” The size, shape and location of the subject site is conducive for a compact cluster of businesses that could be developed in accordance with this goal of the Comprehensive Plan. 7. IMPACT OF THE PROPOSED DEVELOPMENT ON COMMUNITY FACILITIES: (Are water and sewer available for extension? How are roads impacted? Can other community facilities (e.g. police, fire, parks, libraries, and schools) handle the increased development? Should be based on factual information referencing standards used to make the determination. Streets  This site is adjacent to Tall Tree Rd., a 41 ft. collector street, connecting apartments, residential properties a golf course and other commercial properties to Rock Rd. The site also has access to Rock Rd., an important transportation link from Derby to major employment centers and attractions in Wichita. Existing streets provide sufficient vehicular access to the subject property and no improvements are anticipated with development of this site. Sanitary Sewers  An existing 12-inch sanitary sewer line is in place along the west line of Reserve “M”, The Oaks 2nd Addition. The area proposed for rezoning is owned by the owner of Reserve “M” and thus the owner may dedicate a utility easement across the reserve in order to access the existing public main line. The 12-inch line has sufficient capacity to provide service for future development of the subject property. Water & Fire Protection  Water service is available to this site via an existing 8-inch water main line in the south side of Tall Tree Rd. right-of-way. The main line will provide adequate water pressure and fire flow for the uses allowed under the requested B-3 zoning.  Existing fire hydrants are located at the north and south corners of the property along Rock Rd. Hydrant locations will be evaluated by the Derby Fire Department when the property is developed. DERBY PLANNING COMMISSION MINUTES Page 5 of 17  Drainage  There is an existing platted drainage easement on the subject site in addition to a platted reserve for drainage purposes adjacent to the site. Drainage from the site was originally designed to flow west and south to the reserve. Development of the site as B-3 commercial should not have a significant effect on the amount of runoff generated as compared to development allowed with the existing B-2 zoning.  A preliminary plat for the subject site has been submitted and will be scheduled for a future meeting date. A drainage plan was included with the submission and the drainage plan will be reviewed during the platting process to confirm that drainage is adequately addressed in accordance with the City’s storm water management criteria. Emergency Services  Emergency services to this area are already provided by the city. Development of this site is not expected to create any additional burden on these services that cannot be accommodated with existing resources. Parks and Library  Parks and library should not be significantly impacted by the proposed development. 8. OPPOSITION OR SUPPORT OF NEIGHBORHOOD RESIDENTS: (This is just one of the factors to be considered and by itself is not sufficient reason to approve or deny a request). At the time of this writing, City staff has not received any verbal or written public comments concerning the requested rezoning of the subject property to B-3 zoning. 9. RECOMMENDATION OF PROFESSIONAL STAFF: (Should be based on the preceding eight factors, adopted plans and policies, other technical reports (e.g. Capital Improvement Program, facility master plans, etc.) which speak to the topic and staff’s best professional judgment. Based on the preceding factors provided, City staff supports the requested zone change from B-2 “Neighborhood Business” to B-3 “General Business.” RECOMMENDED MOTION: Approve the request to change the zoning district classification from B-2 “Neighborhood Business” to B-3 “General Business” based on the facts stated in the staff report and direct staff to forward a recommendation of approval to the City Council. Attachments: Location and Existing Zoning Map DERBY PLANNING COMMISSION MINUTES Page 6 of 17 DISCUSSION: Cody Bird, City Planner - announced the presence of a quorum and that proper notice had been given. Chairman Baer - disclosed that he is an employee of Baughman. Bird - presented the staff report. Russ Ewy, Baughman Company, agent for the applicant – indicated that they are in agreement with the staff report. He explained that the property was originally zoned B-2 Neighborhood Business District 13 years ago before a majority of Rock Road was developed for commercial uses under B-3 zoning. He also noted to the Planning Commission the distance separating the property from single-family residences, including the drainage reserve and row of trees that provided a buffer between the two zoning districts. Commissioner Wills – asked for clarification on the land use located west of the proposed rezoning area. Bird – answered that the area is currently zoned R-1 and is a reserve area. He said it will keep its existing R-1 zoning. Ewy – added that there has been a significant grade change along the west side of Rock Road and that the reserve will function as a drainage area. PUBLIC HEARING OPENED PUBLIC HEARING CLOSED Findings of Fact: 1. THE ZONING, USES AND CHARACTER OF THE NEIGHBORHOOD: Positive, based on the staff report. 2. THE SUITABILITY OF THE SUBJECT PROPERTY FOR THE USES TO WHICH IT HAS BEEN RESTRICTED: Neutral, based on the staff report. 3. EXTENT TO WHICH REMOVAL OF THE RESTRICTIONS WILL DETRIMENTALLY AFFECT NEARBY PROPERTY: Positive, based on the staff report. 4. LENGTH OF TIME SUBJECT PROPERTY HAS REMAINED VACANT AS ZONED: Positive, based on the staff report. 5. RELATIVE GAIN TO THE PUBLIC HEALTH, SAFETY AND WELFARE AS COMPARED TO THE LOSS IN VALUE OR THE HARDSHIP IMPOSED UPON THE APPLICANT: Neutral, based on the staff report. DERBY PLANNING COMMISSION MINUTES Page 7 of 17 6. CONFORMANCE OF THE REQUESTED CHANGE TO THE ADOPTED OR RECOGNIZED COMPREHENSIVE PLAN: Positive, based on the staff report. 7. IMPACT OF THE PROPOSED DEVELOPMENT ON COMMUNITY FACILITIES: Neutral, based on the staff report. 8. OPPOSITION OR SUPPORT OF NEIGHBORHOOD RESIDENTS: Positive, based on the staff report. 9. RECOMMENDATION OF PROFESSIONAL STAFF: Positive, based on the staff report. MOTION: Hicks SECOND: Gould VOTE: 8-0 AGENDA ITEM NO: 2 DESCRIPTION: Site Plan Review – Lot 7 and Part of Lot 8, Gerteis Second Addition, Derby, Sedgwick County, Kansas GENERAL LOCATION: Northeast corner of Market Street and Westview Drive APPLICANT: USD 260 AGENT: Schaefer, Johnson, Cox, Frey Architecture REASON FOR REQUEST: Develop lot to allow new central kitchen facility to serve USD 260 schools BACKGROUND INFORMATION:  A request for site plan review has been submitted for a site located at the northeast corner of Market St. and Westview Dr.  The subject site is described as Lot 7 and part of Lot 8, Gerteis Second Addition; however, the proposed location of the central kitchen facility is predominantly on Lot 7 of the subject site.  The subject site is approximately 3.3 acres, which exceeds the minimum lot size requirements.  The subject site and surrounding properties are zoned R-1 “Single-Family Residential.” Development on adjacent sites includes other school-related DERBY PLANNING COMMISSION MINUTES Page 8 of 17  facilities, the Derby Historical Society and Museum, and single-family residences along the west side of Westview Dr.  The current R-1 zoning permits public schools including administrative centers, transportation centers, recreation areas, spectator sports facilities and related uses. The proposed central kitchen facility is a related public school use and is permitted within the R-1 zoning district. STAFF COMMENTS: 1. Legal Description. The legal description of the subject site is Lot 7 and part of Lot 8 as more fully described on Sheet C1. 2. Building Setbacks. The building as proposed exceeds the minimum building setback requirements of the R-1 District. 3. Easements. Recorded easements appear to be identified accurately on the proposed plans. The proposed building addition and improvements do not encroach on existing easements. 4. Access. There are two types of vehicles which will need to access this kitchen facility: Large trucks for delivering and transporting food, and employee vehicles. The primary point of access for trucks is proposed to extend from the existing private street along the north edge of the site south to connect to the receiving and dock area. Trucks will then be able to exit the site via a proposed new drive connection to Market St. approximately 65 ft. east of the Westview Dr. right-of-way. The City Engineer has approved the location of this entrance. The new entrance is required to be constructed to City of Derby standard specifications, which is noted on the site plans. Employee vehicles will gain access to the site via an existing entrance which currently serves the Historical Society and Museum. The existing entrance will continue to serve the Historical Society and Museum as well as the central kitchen facility. 5. Streets. The site is located at the corner of Market St. and Westview Dr. A private street extends east from Westview Dr. to Woodlawn Blvd., providing additional access to the site and adjacent lots. The existing street system adequately serves the site and is sufficient to accommodate the development. No improvements to the streets are necessary. 6. Parking. The minimum parking requirement for school-related facilities is 1 parking space per employee. The new kitchen facility is designed for a maximum of 26 employees, thus 26 parking spaces are required, including a minimum of 2 ADA accessible spaces. The site plans currently show 27 parking spaces, 2 of which are designated for ADA parking, which exceeds the minimum requirement. The parking area serving this site will take advantage of a portion of an existing parking lot (seen on Sheet C1), and will also extend an area of new paving to provide additional parking spaces. The area of new paving is shown to be contained by a 6- DERBY PLANNING COMMISSION MINUTES Page 9 of 17  inch perimeter curb, as required. The existing pavement is proposed to be restriped, but not reconstructed. In addition to the parking spaces available for the central kitchen facility, the school district also owns the property and parking lot in front of the Historical Society and Museum and will be able to utilize the existing parking lot for overflow parking if necessary. This arrangement is acceptable, recognizing that the likelihood of overflow parking needs will be minimal and further recognizing that the kitchen facility and the Historical Society and Museum will not be operating at peak hours at the same time. Should the intensity of the uses change in the future, there is sufficient space on site to provide additional parking as necessary. All new parking spaces are shown to be 9ft. by 19ft. which meets the minimum requirements for parking space dimensions. Existing parking spaces appear to be 9ft. by 18ft., which has been accepted in the past for existing spaces. 7. Circulation Aisles. Vehicular circulation aisles for two-way traffic are required to be a minimum of 24ft. in width. The transition between the existing parking lot in front of the Historical Society and Museum and the new parking area appears to be only 16ft. from the back of the parking space to the edge of the pavement. Marking out the westernmost 2 parking spaces should provide the minimum required width. The area should be marked with diagonal striping to signify no parking. 8. ADA. ADA Standards for Accessible Design requires accessible parking spaces based on the total number of spaces provided for the facility. When 26-50 parking spaces are provided, 2 accessible spaces are required. 2 accessible spaces are provided which meets the requirement. Both spaces are designed to be van accessible. The applicant is advised that ADA standards require at least 1 space to be marked “Van Accessible.” Spot elevations shown on the grading plan appear to be within allowable slope tolerances for ADA. Elevations are not shown for the existing sidewalk along Market St. The applicant shall ensure that the sidewalk connection from the existing sidewalk to the building is compliant with ADA standards. The applicant or their designated agent shall ensure that all accessible parking spaces meet the requirements of the ADA standards, including locations, widths, aisles, slopes, signage and pavement markings. Final inspection of accessible parking spaces and accessible routes shall be coordinated with the Derby Building Trades Official. A note shall be added to the plans that states “Where discrepancies exist between the approved plans and the minimum requirements to meet ADA, the more stringent of the two will prevail, as determined by the City of Derby.” 9. Pedestrian Access. A new 5ft. sidewalk is shown to connect the existing sidewalk along Market St. to the building’s main entrance. The pedestrian sidewalk connection shall not exceed the slope tolerances required for ADA, as noted above. 10. Signage. One wall sign identifying the building and address is shown on the east building elevation. No other signs are shown on the site plans. The applicant is advised that all signs require a separate permit be obtained prior to installation. DERBY PLANNING COMMISSION MINUTES Page 10 of 17 11. Site Lighting. The lighting plan shows 3 free-standing light poles to light the parking lot and the dock area. Additional wall-mounted lights and canopy lights will further illuminate the receiving and dock area. The photometric plan shows little or no light spilling over onto adjacent properties, and a note on the sheet indicates that lighting will be screened or shielded to prevent intrusion of light or glare onto adjoining properties or streets. 12. Landscape/Screening and Buffering. Landscaped Street Yard. New developments are required to provide a landscaped street yard in accordance with Section 304.G. of the Zoning Ordinance. The Ordinance specifies that lots with a depth between 250 ft. and 400 ft. shall provide a minimum of a 15 ft. wide landscaped street yard. The landscaped street yard provided exceeds the minimum requirement. Within the landscaped street yard, one shade tree is required for every 500 square feet of the required landscaped street yard. The minimum number of shade trees required for the landscaped street yard is based on the following calculations: Total Street Min. Yard 1 Tree per # of Trees Street Name Square Frontage Width 500 Sq. Ft. Required Feet Market St. 304 ft. x 15 = 4,560 ÷ 500 = 9.12 Westview Dr. 300 ft. X 15 = 4,500 ÷ 500 = 9.00 Total Shade Trees Required 19 There are 8 large mature trees and 3 smaller existing trees located in the landscaped street yard along Market St. The existing trees are of sufficient quantity to satisfy the street tree requirements for Market St. Species of existing trees are not identified on the landscape plan; however, staff is under the impression that all of the existing trees are acceptable, provided they are protected during construction and are trimmed and maintained appropriately. There are no existing trees along Westview Dr., and therefore, the applicant has proposed to install 4 large trees, 2 ornamental trees and 13 junipers for screening of the dock area. Due to the requirement for screening the dock area, staff recommends increasing the number of trees to provide additional screening. Detailed recommendations are included in the section labeled “Equipment, Docks and Trash Receptacle Screening.” In addition to the existing and proposed trees along public streets, there are also 9 existing mature trees along the private street north of the site and 1 near the parking lot area that are shown to be retained. Existing trees on other portions of the site are well established and contribute to site aesthetics. The Planning Commission may, at DERBY PLANNING COMMISSION MINUTES Page 11 of 17  its discretion, take existing trees into consideration when determining the landscaping requirements for the development site. Parking Lot Screening/Landscaping. A continuous row of evergreen shrubs is shown to be provided along the south edge of the loading dock area. Shrubs should be provided along the portion of existing parking lot to screen parking from view from Market St. When mature, the evergreen shrubs identified on the landscape plan should be sufficient to provide a continuous visual screen to fulfill the requirement. Equipment, Docks and Trash Receptacle Screening. Screening is required to reasonably hide from ground level view all ground-mounted mechanical equipment, loading docks, trash receptacles or similar uses. A trash receptacle and grease trap enclosure is shown on the south side of the building in the dock loading area. The trash and grease trap area are shown to be screened by an 8ft. concrete masonry wall with hinged wood gates. The proposed masonry wall and gates should sufficiently screen the trash receptacles and grease trap. Mechanical equipment is located on the rooftop and is shown to be screened by a parapet wall and additional screening walls of a material similar to the building. The building elevations show that exhaust fans may still be visible: The applicant shall be prepared to discuss how additional screening may be provided. An electric transformer is located on the north side of the building with a 6ft. wood fence to meet the screening requirement. The dock and loading area is anticipated to be an active area for delivery trucks and trucks transporting food to and from schools, making it necessary to screen these activities from adjacent properties. While it may not be feasible to completely screen the dock and loading area from all public view, special effort should be made to protect the views of adjacent residential properties to the west. 13 juniper trees along with 3 goldenrain trees are shown to provide screening. City staff agrees that evergreen trees will likely provide the most efficient and cost effective screening for the dock area; however, staff recommends increasing the length of the evergreen tree row to better screen all of the dock and loading area. The evergreen trees may also be offset in 2 rows to better fill visual gaps between trees. The number of goldenrain trees should also be increased to provide additional screening on the south end of the row. In addition to increasing the number of trees provided for screening purposes, staff recommends an earthen berm be provided along Westview Dr. to add to the height of the trees which will help prior to the new trees reaching their mature height. The earthen berm will also provide valuable stormwater benefits as discussed in the “Drainage” section. Miscellaneous Landscaping Notes The landscape plan does not note what type of grass will be planted over disturbed areas. Normally, a permanent water supply is required for landscaped areas; however, the Planning Commission may consider waiving this requirement if drought DERBY PLANNING COMMISSION MINUTES Page 12 of 17  tolerant species are used. If a permanent irrigation system is proposed, it shall be equipped with an automatic rain sensing device. A statement of this requirement shall be included on the revised site plans. The applicant should verify that the installation of landscaping near entrances, vehicle circulation aisles and public traffic ways does not create vision concerns. 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. 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. 13. Drainage. Drainage from the site is shown to be collected using the parking lot curbs and discharging drainage onto Market St. through the proposed drive entrance. Concentrating site runoff into one location is not recommended as it can create street flooding during rain events. The subject site is not required to provide on-site detention; however, construction of an earthen berm along the west side of the site could be used to create a swale where stormwater can collect during a rain event and the discharge rate can be slowed by allowing a controlled release to the adjacent streets. Curb cuts should be provided along the west edge of the access drive to allow runoff from the parking lot and roof to drain to the swale. The applicant shall provide city staff with a design for such a berm and swale along with discharge rates for stormwater leaving the site. 14. Utilities. Fire Protection. The Fire Department has reviewed the site plans and approved them with the following comments:  A Fire Department turnaround shall be extended an additional 20 ft. to the east of the access drive to the electric transformer as shown on the diagram included as an attachment to this report.  Any significant changes to the site plan will require re-submission to the Fire Department for review and approval. Water. The utility plans indicate that a 2-inch service line will be extended from an existing 6-inch public main line located in Market St. The applicant or their agent shall coordinate with City of Derby utilities to facilitate connection to the public main and water meter installation. Sanitary Sewer. Sanitary sewer service is proposed to connect to an existing 8-inch line in Westview Dr. The size of the service line is not identified – The applicant or their agent shall confer with the Building Trades Official to ensure the size of the service line is adequate. A grease trap is required and is shown on the utility plan. Cleanout locations are also shown on the plans. Cleanout locations and grease trap installation shall be in DERBY PLANNING COMMISSION MINUTES Page 13 of 17  accordance with applicable building codes or as required by the Building Trades Official. Others. Gas and electric services are shown to extend from existing lines to the building on the south and north sides respectively. 15. Design Standards. Elevations for the proposed building addition are shown and proposed materials are identified. Colored perspective renderings have also been provided. Derby’s design criteria for buildings allows exterior wall surfaces to use metal as accent materials. Although the exterior finishes of the building are proposed to be metal, the materials are high-end architectural metal panels and the design of the building in all other matters is consistent with the policies and intent of the design criteria. Specifically, the form of the building is designed to provide a great deal of architectural character while still accommodating the functionally constrained elements such as the dock. Variations in the roofline and pronounced or recessed areas are used to add visual interest and to create shadow lines. The metal finishes are proposed in 3 different textures and colors to create interest and to set apart the building’s entrances. The proposed colors are earth-tone and not offensive or inconsistent with surrounding properties. Staff’s opinion is that the form and material finishes proposed for the facility are appropriate for the site when considering the use of the facility and when compared to surrounding properties. Furthermore, the applicant has made an effort to address all of the relevant design criteria, and is requesting approval of an alternative material that is cost effective, but also attractive. Staff recommends that the Planning Commission allow the architectural metal panels as proposed. The approval of alternative exterior finishes is at the discretion of the Planning Commission, and therefore, the Commission may approve the materials as presented, or may require a different material by including a statement in the motion. 16. No Smoking. City ordinance prohibits smoking in public places and places of employment. The applicant is required to post “No Smoking” signs to establish a 20- foot smoke free zone at all entrances to the facility. USD 260 may have more stringent requirements than City ordinance requires, in which case, the more stringent requirements will govern. 17. Miscellaneous. All traffic control devices on site shall be in accordance with the current edition of the Manual on Uniform Traffic Control Devices (MUTCD). 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 DERBY PLANNING COMMISSION MINUTES Page 14 of 17 City. Changes on the site plan sheets shall be clouded, and a list of all changes shall be provided, noting which comment each is addressing. The applicant is advised that building plans will not be reviewed until revised site plans are approved. RECOMMENDATION: Approve the site plan for Lot 7, Gerteis Second Addition subject to staff comments, including providing additional screening around the dock area and providing a plan for controlling stormwater discharge. Attachment: Site Plans Fire Department Turnaround Sketch DISCUSSION Cody Bird, City Planner – presented the staff report Commissioner Hezlep – asked if the old high school track will be removed. Bird – answered that the track was located further north along Madison Avenue and was not included with this site plan. Commissioner Hicks – asked if the agent could display samples that showed the different surfaces and textures of the building exterior. Robert Metoyer, Schaefer, Johnson, Cox, Frey Architecture – indicated that they are exploring three different materials for the building elevations. He displayed samples to show the different surface and textures of the building exterior. Commissioner Baer – asked if the rivets could be seen on the exterior panels. Metoyer – indicated that the MP2, [referring to metal panel sample #2], would have concealed fasteners and the MP1, [metal panel sample #1], would not be fully concealed but would be located in the panel depressions as part of the building aesthetics. Commissioner Riley – asked if the metal part of the building panels would reflect light toward the residential homes located west of the property. Metoyer – answered that it was a low probability since the panels will be a dark textured material. He said if it is a concern, they could address it. Baer – asked to see the building’s color swatches. Riley – asked for clarification on the type of trucks and the amount of traffic that would enter the area. Metoyer – answered that a semi-truck will access the parking lot 3 times a week with inbound deliveries, arriving approximately 4:30-5:00am. It will enter from the north to back into the dock area, and then exit to the south. He said 4 shorter district trucks will be allowed to park on the south side of the building, using the same entrance and exit. Baer – asked to clarify if these trucks were the same as those currently using the private drive. Metoyer – answered correct, however, the trucks will exit to Market Street rather than Westview Drive. Rhein – asked if future growth had been considered to determine the size of the new central kitchen design. Metoyer – answered yes. DERBY PLANNING COMMISSION MINUTES Page 15 of 17 Commissioner Wills – asked how many years the new facility could sustain anticipated growth. Gould – answered that all plans made during the bond issue were projected approximately 20 years. Rhein – asked what the proposed grade was between the existing parking lot and the loading dock area and whether the grass could be mowed in that area. Trevor Wooten, Baughman Company – said he was not sure of the exact grade, possibly 5 to 1; he said the grass would be manageable. Baer – asked for clarification of Staff’s notation about the berm and the amount of water that would flow through the area. Bird – said that staff had suggested a subtle rise on the west side of the site to help control the rate of water discharge. Staff had considered area inlets to pipe water underneath the sidewalk into the street curb in multiple locations instead of allowing water to sheet flow through the drive entrance. Baer – stated a concern with water running over a well-traveled sidewalk on Market Street and asked if the applicant would consider developing an alternative plan for drainage. Metoyer and Wooten – said they are working on a plan to address staff’s proposal in the staff report. Baer – asked the applicant if they were in agreement with staff’s suggestion to extend the Fire Department turnaround an additional 20 feet to the east of the access drive. Metoyer – said yes. Commissioner Poteete – asked if staff’s recommendation to increase the number of trees along Westview Drive was to screen the facility from the residences, and he asked if the fence located on the west side of the property would remain. Metoyer – said the fence will be demolished. Bird – said staff recommended increasing screening on the west side by adding more evergreen trees to extend the tree row to fully screen the dock area. Baer – indicated a concern regarding the existing parking lot stalls that do not have a curb or gutter, and asked if the applicant would be willing to install bumper blocks to stop vehicles from driving into the grassy slope. Metoyer – answered yes. Baer – asked if the existing sidewalk will remain in place. Metoyer – answered yes. Rhein – asked if they were constructing a new curb and where the water would flow within the parking lot. She asked if there is a concern regarding the discharge point. Wooten – answered that the water would flow south and along the parking lot into the grassed area. He said some of the water would flow south and some would split and flow to the west. Rhein – pointed out that there would be a potential for erosion in that area. Wooten – said they could install measures to control erosion. Baer – added that when the water reaches the grass on the flatter slope, it will reduce the velocity. Gould – moved to approve the site plan for Lot 7, Gerteis Second Addition subject to staff comments, including providing additional screening around the dock area and providing a plan for controlling stormwater discharge. DERBY PLANNING COMMISSION MINUTES Page 16 of 17