Planning Commission

CITY OF DERBY ________________________________________________________________ MEETING OF THE PLANNING COMMISSION REGULAR MEETING May 15, 2014 6:30 PM ________________________________________________________________ CALL MEETING TO ORDER ROLL CALL CONSIDERATION OF MINUTES: Planning Commission Meeting of May 1, 2014. PUBLIC FORUM AGENDA ITEMS 1. Election of Vice-Chairperson 2. Zone Change Request – Courtyards at The Oaks RPUD, Final General location: SW corner of Tall Tree Rd. and Triple Creek Dr. 3. Preliminary Plat – The Oaks Commercial 2nd Addition General location: SW corner of Tall Tree Rd. and Rock Rd. 4. Final Plat – The Oaks 4th Addition General location: SE of the intersection of Newberry St. and Lookout St. 5. Preliminary Plat – Replat of Anderson Farm Commercial 3rd Addition General location: NW corner of Rock Rd. and Patriot Ave. ANNOUNCEMENTS ADJOURN NEXT CITY COUNCIL MEETING REPRESENTATIVES: May 27 Larry Gould June 10 Mitch Adams June 24 Kathy Wills July 8 Gunter Hansen July 22 Jack Hezlep  CITY OF DERBY PLANNING COMMISSION MINUTES May 15, 2014, 6:30 PM - Approved MEMBERS PRESENT: Jack Hezlep, Jessica Rhein, Mitch Adams, Gunter Hansen, Kathy Wills, Pat Baer, Dennis Poteete, Larry Gould MEMBERS ABSENT: Herman Hicks, Shawn Riley CITY STAFF PRESENT: Cody Bird, City Planner; Stephanie Cox, Recording Secretary CONSIDERATION OF MINUTES: Planning Commission Meeting of May 1, 2014. MOTION: Hansen SECOND: Baer VOTE: 7-0-1; Adams abstained PUBLIC FORUM OPENED Commissioner Baer announced his employment with Baughman Co, P.A., a consultant engineering company which occasionally represents applicants with business before the Planning Commission. He indicated that he has filed a Statement of Substantial Interest with the Sedgwick County Election office noting his employment and that he would be participating in discussions and voting on agenda items. PUBLIC FORUM CLOSED AGENDA ITEM NO: 1 DESCRIPTION: Election of Vice-Chairperson BACKGROUND INFORMATION:  At the May 1, 2014 Planning Commission meeting, the Commission elected a Chairperson in accordance with the by-laws.  The Commission nominated 2 candidates for the office of Vice-Chairperson: o With 8 Commission members present and voting, the results ended in a 4-4 tie vote, once by voice vote and once by roll call vote. o Subsequently, the Commission tabled the vote to the May 15, 2014 meeting. DERBY PLANNING COMMISSION MINUTES Page 1 of 23   The two candidates nominated for the Vice-Chairperson position are Jessica Rhein and Dennis Poteete. o A majority vote of the Commissioners present and voting is required to elect a Vice-Chairperson. o The term for the office of Vice-Chairperson is one year. o The Vice-Chairperson will take office immediately following the election. RECOMMENDATION: Conduct a vote for election of the Vice-Chairperson position for the 2014-2015 term of the Derby Planning Commission. Vote: Results in 4-4 tie Roll Call Vote: Commissioners: Vote: Rhein Rhein Adams Rhein Hansen Rhein Wills Poteete Baer Rhein Hezlep Rhein Poteete Poteete Gould Poteete Results: 5-3; Rhein elected as Vice-Chairperson for 2014-2015 term AGENDA ITEM NO: 2 DESCRIPTION: Zone Change Request (Public Hearing) R-1 Single-Family Residential to Residential Planned Unit Development (RPUD) GENERAL LOCATION: Southwest corner of Tall Tree Road and Triple Creek Drive APPLICANT: Lusk Communities, Inc. CONTRACT PURCHASER: Perfection Signature Properties, LLC AGENT: MKEC Engineering DERBY PLANNING COMMISSION MINUTES Page 2 of 23 REASON FOR REQUEST: Allow increased density to allow patio homes development and ancillary on-site amenities. BACKGROUND INFORMATION:  On May 1, 2014, the proposed zone change request was presented to the Planning Commission for consideration. At the May 1 meeting, the contract purchaser requested that the item be deferred in order to allow the contract purchaser to meet with City staff to discuss necessary modifications to the RPUD document.  Hearings for zone change requests may be continued from time to time if a date and time that the hearing will continue is announced at the public meeting.  The Planning Commission voted to continue the public hearing to May 15, 2014 at 6:30pm in the Council Room at Derby City Hall.  The zone change request under consideration is to change the zoning district classification of the subject site from R-1 “Single-Family Residential” to RPUD “Residential Planned Unit Development.”  The RPUD request proposes to subdivide existing platted lots into narrower lots in order to accommodate a unique building arrangement and create private courtyards between residences. The RPUD also proposes a clubhouse, pool and other neighborhood amenities.  The application area is comprised of 54 platted lots in The Oaks Third Addition, totaling approximately 20.2 acres. A complete legal description of the application area is on file at City Hall.  The area is presently zoned and platted for R-1 “Single-Family Residential” use and is currently undeveloped.  In accordance with Derby Zoning Ordinance, the approval process for RPUD’s requires a public hearing before the Planning Commission for both the Preliminary RPUD, and the Final RPUD.  The Preliminary RPUD request was heard and approved by the Planning Commission at the required public hearing held March 20, 2014. o The public hearing was conducted in accordance with Section 1100(I) of the Zoning Ordinance. o The Planning Commission recommended approval of the Preliminary RPUD subject to staff comments which included the following:  Minimum 50 ft. street right-of-way widths;  A 6 ft. utility easement adjacent to street right-of-way;  Minimum 20 ft. front yard setbacks to allow for vehicle parking;  Minimum 15 ft. rear yard setback;  Sidewalks on both sides of streets;  On-site detention of additional runoff resulting from increased development density;  Platting of the site within one year of subsequent approval by the City Council;  Guarantees for construction of Triple Creek Dr. and the 12-inch waterline in Triple Creek Dr.  The applicant has since modified the RPUD document to address items 1-5 above. DERBY PLANNING COMMISSION MINUTES Page 3 of 23   Engineering analysis has determined that the minor increase in runoff from the increased density is insignificant in the drainage basin so on-site detention is unnecessary, which addresses item 6.  A final plat for the subject property is being submitted to accompany this zone change request, which addresses comment 7 above.  Resolutions for financing construction of Triple Creek Dr. and the 12-inch waterline in Triple Creek Dr. were adopted by the City Council at the April 8, 2014 Council meeting. Therefore, the financial guarantees to satisfy comment 8 above are in place. Upon construction of the public improvements, special assessments will be spread to the benefitting property owners.  Consideration of the Final RPUD requires a public hearing. The notice of public hearing to be held May 1, 2014 was provided as prescribed by state law. o The zone change request was considered at the May 1, 2014 meeting, at which time, the Planning Commission voted to continue the hearing to the May 15, 2014 meeting. No further notice is required.  Staff has not received any written public comments concerning the requested rezoning of the subject property.  A final plat of the subject property has also been submitted for this property, and should accurately reflect the provisions of the RPUD. 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 of 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 factors that the Planning Commission considers during a zone change case, accompanied by a brief description of the Planning Commission’s findings from the March 20, 2014 public hearing for the Preliminary RPUD (in italics): 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.) During the March 20, 2014 public hearing for the preliminary RPUD for this site, the Planning Commission found this factor to be neutral based upon the description contained in the staff report. The report described the property as an approximately 20.2 acre site that is currently undeveloped land used primarily for agricultural purposes. The existing zoning of the site is R-1 “Single-Family Residential,” as are the surrounding properties. The described conditions have not changed since the March 20, 2014 public hearing, and therefore, the Planning Commission may find that this factor remains neutral. DERBY PLANNING COMMISSION MINUTES Page 4 of 23  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 Planning Commission previously found this factor to be positive based upon the staff report. The subject site is presently zoned R-1 Single-Family Residential District which is intended for medium density single-family dwellings and certain public facilities. R-1 zoning is the most restrictive zoning district in the city, and may not be the only zoning which is appropriate for the subject site. A modest increase in the development density on the subject site would be consistent with the manner in which the overall area, commonly referred to as The Oaks, has been planned for development. The Oaks is a mixed-use development consisting of commercial lots, multiple-family apartments, single-family residences and a golf course with related facilities. Zoning and land uses on adjacent sites has not changed since the March 20, 2014 public hearing. 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 Planning Commission found the above factor to be positive based upon the facts presented in the March 20, 2014 staff report. The preliminary RPUD presented at the March 20 meeting proposed 87 residential lots (4.3 DUs per acre) in order to accommodate patio homes designed to be long and narrow and clustered close together to create private courtyard areas for residents. Multiple reserves to accommodate a private clubhouse, pool, golf facilities and other amenities, as well as to provide open space for residents and landscaping to beautify the neighborhood, are also proposed. The number of residential lots proposed is within the same development density range as the existing R-1 zoning (87 dwelling units proposed). Additionally, the patio homes would be single-family residences, and thus, is an appropriate use of the subject site. The overall development concept and layout of the final RPUD is substantially the same as the approved preliminary RPUD presented at the March 20, 2014 Planning Commission meeting. 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). This factor was found to be positive based upon the findings of the March 20, 2014 staff report. This finding was based on evidence that there has been an existing sufficient supply of other R-1 zoned properties in Derby, limited access to the site as Triple Creek Drive has not yet been constructed, and effects of an economic DERBY PLANNING COMMISSION MINUTES Page 5 of 23  recession and collapse of the housing market shortly after the property was platted. The above description has not changed since the March 20, 2014 public hearing, and therefore, the Planning Commission may find that consideration of this factor has not changed. 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). During the public hearing for the preliminary RPUD, the Planning Commission found this factor to be neutral based upon the findings of the March 20, 2014 staff report. The staff report identified regulations for development densities, building setbacks and building heights as measures used to ensure adequate separation and open space between uses in order to safeguard the health, safety and welfare of the community. Several concerns were raised pertaining to proposed and required minimum setback distances as follows:  Front yard setbacks should be adjusted to allow for a 50 ft. street right-of- way, thus reducing the front yard setback to a minimum of 20 ft.  At the meeting, the applicant proposed a “dual front yard setback” to provide adequate off-street parking of vehicles, but which would also allow homes to be constructed closer to the street in order to achieve design goals of the development.  Staff recommends approving the proposed 15 ft. front yard home setback and 20 ft. front yard garage setback.  Rear yard setback should not be reduced below a minimum of 15 ft. to ensure adequate separation.  Side yard setbacks reduced to zero ft. on one side and a minimum of 6 ft. on the other side; provided that buildings are constructed in accordance with the adopted International Residential Code. The applicant has made the appropriate modifications to address the above comments. Complying with modified setbacks as shown on the RPUD document should adequately ensure that the health, safety and welfare matters associated with the proposed RPUD zoning will not be significantly different than those associated with the existing R-1 zoning. The preliminary RPUD was also approved subject to a screening wall being provided in accordance with Section 502(R) of the Subdivision Regulations (for screening walls along limited access collector streets). The applicant has submitted a concept plan showing the proposed location of screening walls for the development. The materials to be used for the screening wall are identified on the attached concept plan and are consistent with the materials of screening walls on adjacent sites. DERBY PLANNING COMMISSION MINUTES Page 6 of 23  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 Planning Commission found the above factor to be positive based on the findings of the March 20, 2014 staff report. The findings state that the proposed RPUD is consistent with Derby’s Comprehensive Plan: The subject area is identified on the Future Land Use Map as moderate density residential development, characterized by a mix of single-family detached dwellings and moderate density attached residential dwellings with a mix of housing types. Also, the proposed development would further the goals and policies of the Comprehensive Plan to: 1. Provide new residential developments with livability and quality design. 2. Provide a balance of housing choices to meet the needs of residents of different economic levels and age groups. The Comprehensive Plan has not been modified subsequent to the March 20, 2014 public hearing for the preliminary RPUD, and therefore, the Planning Commission may find that there are no significant changes to this factor. 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. At the time the preliminary RPUD was considered by the Planning Commission, this factor was found to be positive based on information contained in the March 20, 2014 staff report. The findings of the staff report indicated that existing and proposed public infrastructure was adequate, or could be made adequate, to accommodate the proposed development. The preliminary RPUD was approved subject to public facilities requirements which are normally addressed during the platting process; however, because the RPUD is integrally tied to the plat, many factors were considered as part of the RPUD approval. The RPUD document reflects the requirements which were noted at the time of preliminary RPUD approval. 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). During the March 20, 2014 public hearing, one resident spoke in support of the proposed development based on viewing the contract purchaser’s project in another city. The Planning Commission found this factor to be positive based on the public input. No additional public testimony has been received by City staff at the time of this writing. 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. DERBY PLANNING COMMISSION MINUTES Page 7 of 23  At the public hearing for the preliminary RPUD, the Planning Commission found this factor to be positive based upon city staff’s professional judgment. City staff recommends approval of the requested zone change from R-1 Single- Family Residential to RPUD Residential Planned Unit Development. The applicant has adequately addressed all comments contained within the staff report for the May 1, 2014 consideration of this zone change request. If the Planning Commission recommends approval of the RPUD, the applicant shall submit a PUD certificate as outlined in Section 415.D.5.e. of the Zoning Ordinance.  The certificate shall specify that a Planned Unit Development (PUD) District has been approved for the subject property. Such certificate shall contain the following information: o A legal description of the property. o A statement that copies of the PUD Site Development Plan and its written provisions are on file with the City of Derby. o A statement that development restrictions imposed by the PUD District and the responsibility for continuing maintenance and compliance with the PUD Site Development Plan and its written provisions shall be binding upon all successors and assigns, unless the PUD District is amended in conformance with the procedures set forth by the Zoning Ordinance of the City of Derby. Pending timely submission of all required materials, the Planning Commission’s recommendation for this zone change request will be forwarded to the City Council for consideration. The zone change request may be considered at the June 10, 2014 Council meeting, or at the applicant’s request, may be considered at a later date along with the final plat of the property. RECOMMENDED MOTION: Approve the final Planned Unit Development request to change the zoning district classification from R-1 “Single-Family Residential” to RPUD “Residential Planned Unit Development” based on the facts stated in the staff report and direct staff to forward a recommendation of approval to the City Council. Attachments: RPUD Development Plan, Final Screening Wall Concept Plan DISCUSSION: Cody Bird, City Planner – introduced agenda item #2. He stated that the item had been continued from the May 1, 2014 Planning Commission meeting and that the item was a zone change request and required a public hearing. Bird announced the presence of a quorum and that proper notice had been given. DERBY PLANNING COMMISSION MINUTES Page 8 of 23 PUBLIC HEARING OPEN Bird – announced that no one had signed up to speak during the public hearing and that staff had not received any written communications. PUBLIC HEARING CLOSED Findings of Fact: 1. THE ZONING, USES AND CHARACTER OF THE NEIGHBORHOOD: Neutral, based on the March 20, 2014 staff report. 2. THE SUITABILITY OF THE SUBJECT PROPERTY FOR THE USES TO WHICH IT HAS BEEN RESTRICTED: Positive, based on the March 20, 2014 staff report. 3. EXTENT TO WHICH REMOVAL OF THE RESTRICTIONS WILL DETRIMENTALLY AFFECT NEARBY PROPERTY: Positive, based on the March 20, 2014 staff report. 4. LENGTH OF TIME SUBJECT PROPERTY HAS REMAINED VACANT AS ZONED: Positive, based on the March 20, 2014 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 March 20, 2014 staff report. 6. CONFORMANCE OF THE REQUESTED CHANGE TO THE ADOPTED OR RECOGNIZED COMPREHENSIVE PLAN: Positive, based on the March 20, 2014 staff report. 7. IMPACT OF THE PROPOSED DEVELOPMENT ON COMMUNITY FACILITIES: Positive, based on the March 20, 2014 staff report. 8. OPPOSITION OR SUPPORT OF NEIGHBORHOOD RESIDENTS: Positive, based on absence of public opposition. 9. RECOMMENDATION OF PROFESSIONAL STAFF: Positive, based on the March 20, 2014 staff report. Chairman Hezlep – stated that the findings of fact remained as previously stated during the hearing of the preliminary RPUD at the March 20, 2014 Planning Commission meeting. Commissioner Baer – asked for clarification regarding the rear setback. Cody Bird, City Planner – said the setback is provided in case the utility or drainage easement was vacated, which would still provide a minimum a 15 foot building setback. Commissioner Rhein – asked about the marking on the plat that indicates a 6 foot sidewalk and utility easement; she said it was previously noted that the sidewalk would DERBY PLANNING COMMISSION MINUTES Page 9 of 23 be installed within the street right-of-way, and that it would be clearer if designated as a utility easement only. She stated that if the sidewalk were built within the easement, it would allow only 14 feet between the sidewalk and the garage setback. Bird – indicated that Rhein made a fair point; he said City standards require the sidewalk to be built within the street right-of-way, though having the sidewalk and utility easement would provide additional flexibility. He asked the applicant if they had any concerns. Jason Gish, MKEC, representing the applicant – indicated that they did not have a problem with removing the sidewalk easement. Baer – moved to approve the final Planned Unit Development request to change the zoning district classification from R-1 “Single-Family Residential” to RPUD “Residential Planned Unit Development” based on the facts stated in the staff report and direct staff to forward a recommendation of approval to the City Council, subject to removing the term “sidewalk” from the 6 foot utility easement adjacent to the street right-of-way. MOTION: Baer SECOND: Adams VOTE: 8-0 AGENDA ITEM NO: 3 DESCRIPTION: Preliminary Plat – The Oaks Commercial 2nd Addition GENERAL LOCATION: Southwest corner of Tall Tree Road and Rock Road APPLICANT: William Lusk, Jr. Living Trust AGENT: Baughman Company, P.A. REASON FOR REQUEST: Replat one large commercial lot into 4 smaller lots for commercial development. BACKGROUND INFORMATION:  A preliminary plat for this property was originally submitted for consideration at the May 1, 2014 Planning Commission meeting. At the meeting, the applicant presented a revised drawing with changes to lot configuration and how lots would gain access to public streets. The changes also modify the plan for how utility services will be provided.  At the May 1 meeting, City staff recommended that an opportunity be provided for staff to review and respond to the proposed changes.  The Planning Commission voted to table the preliminary plat until the May 15, 2014 meeting in order to allow City staff to prepare comments to address the revised plans.  Staff comments below represent both information which remains the same as originally presented at the May 1 meeting, as well as information which has been DERBY PLANNING COMMISSION MINUTES Page 10 of 23  modified to reflect the proposed changes. Comments which pertain to proposed changes to the preliminary plat are distinguished by being underlined.  The applicant requests to replat 6.5 acres of land located at the southwest corner of Tall Tree Rd. and Rock Rd. to allow the land to be developed for commercial uses.  The area proposed for platting is a replat of Lot 1, Block D, The Oaks Addition.  The site is at the corner of a major commercial arterial street and a busy residential collector street, making the site desirable for a wide range of commercial and retail uses. The site is separated from an existing single-family residential neighborhood by a drainage reserve, but otherwise, is surrounded by B-3 zoned commercial properties and an electric substation.  The property is currently zoned B-2 “Neighborhood Business;” however, rezoning of the property to B-3 “General Business” was recently considered by the Planning Commission and is scheduled to be presented to the City Council at the May 13, 2014 Council meeting. Since the City Council will be considering the zone change request for this site 2 days prior to the Planning Commission’s review of this preliminary plat, staff will be able to report the action taken by the Council.  Platting of the property is required by the City’s subdivision regulations whenever land is proposed to be divided or further divided into two or more lots. STAFF COMMENTS: 1. Plat Name – The preliminary plat indicates the development will be referred to as “The Oaks Commercial 2nd Addition.” This name is acceptable and does not duplicate the name of any existing plat. 2. Legal Description – The legal description of the property is “All of Lot 1, Block D, The Oaks, an Addition to Derby, Sedgwick County, Kansas” and is shown as such on the preliminary plat. 3. Lots – The applicant originally presented a plat which proposed to divide the existing single lot into 5 smaller lots. Due to the size, configuration and site conditions for one of those previously proposed lots, the applicant now desires to combine that lot with the adjacent lot, thus resulting in a new 4 lot configuration. All lots within the proposed development are of sufficient size to meet the minimum lot size requirements of both the existing B-2 district (10,000 sq. ft.) and the requested B- 3 district (15,000 sq. ft.). All lots also exceed the minimum lot width requirements of both the B-2 and B-3 zoning districts. 4. Blocks – One block, Block A, is proposed and is appropriately labeled on the preliminary plat. 5. Streets and Access – The subject site is adjacent to Rock Rd. and Tall Tree Rd. Complete access control is platted along Rock Rd. except for one opening. Complete access control is also platted for the first 100 feet west of Rock Rd. on Tall Tree Rd. DERBY PLANNING COMMISSION MINUTES Page 11 of 23  The preliminary plat originally submitted for the May 1, 2014 meeting included provision of a reserve containing a private street to connect Tall Tree Rd., through the development, and back to Rock Rd. During the review of the original layout, City staff recommended that the reserve width be increased from 30 ft. to a minimum width of 40 ft. in order to provide for construction of a standard 31 ft. street in accordance with City standards. At the May 1, 2014 Planning Commission meeting, the applicant proposed a layout which removed the reserve and the private street, and instead proposed to provide access to lots by way of joint access easements at Tall Tree Rd. and at Rock Rd. During the meeting, City staff indicated that joint access easements are an acceptable way to provide access to lots; however, the joint access easement at this location should extend through the development. The applicant and City staff agree that a 35 ft. access easement connecting Tall Tree Rd. and Rock Rd. will be sufficient to provide convenient access to all lots. Based on communications between City staff and the applicant, a 31 ft. street built to City standards will be provided within the access easement. The street will be required to be marked for “No Parking” on both sides of the street. Signs shall be in accordance with the current edition of the Manual for Uniform Traffic Control Devices (MUTCD) and shall be spaced evenly along the street at approximately 150 ft. between signs. “No Parking” signs at each end of the street shall be provided with a single-head arrow and intermediate signs shall display double-headed arrows. Sidewalks along the private street will not be required to be installed at the time of street construction, but rather, the provision of required sidewalks to connect developments with existing public sidewalks will be addressed at the time of site plan review. 6. Building Setbacks – Front yard building setback lines are shown to be 35 ft. along Rock Rd. and along Tall Tree Rd., meeting the minimum requirement. During the review of the originally submitted plat layout, City staff recommended that a 20 ft. building setback be provided in combination with the 20 ft. utility easement along both sides of the private street reserve to satisfy the requirement of the Subdivision Regulations. Because the private street is no longer within a reserve, a building setback is no longer required. 7. Easements – Locations of existing platted easements are shown on the proposed preliminary plat. Utility easements are normally required along the back side of lots. In this case, easements are proposed along the east side of the access easement containing a private street. The proposed utility easement on the east side of the street should be sufficient to meet the utility needs of Lots 1-3. Lot 4 has access to City-provided public utility services without the need for a 20 ft. utility easement. Other utility providers not affiliated with the City may request an easement to provide services, in which case, those requested easements may be shown on the final plat. DERBY PLANNING COMMISSION MINUTES Page 12 of 23  A new 25 ft. storm sewer and utility easement is proposed to accommodate a private stormwater sewer line to convey runoff from the private street west to an existing drainage reserve, Reserve “M” of The Oaks 2nd Addition. The stormwater sewer easement is also combined with a utility easement: The Subdivision Regulation requires a 30 ft. easement when stormwater and utility easements are combined. Because consideration of the preliminary plat was continued to the May 15, 2014 meeting to address proposed changes, utility providers have not yet had a chance to respond to the modifications. When a final plat is submitted, copies will be distributed to affected utility providers and agencies. Any additional easement requests at that time can be addressed on the final plat. 8. Reserves – There are no reserves proposed for the revised preliminary plat. The original plat submission included a reserve intended to contain the private street; however, the private street will now be accommodated by providing an access easement connecting Tall Tree Rd. and Rock Rd. City staff has reviewed and recommends approval of this arrangement. 9. Drainage – The site was previously included in the plat of The Oaks 2 nd Addition as one commercial lot with required stormwater detention provided in the overall approved drainage plan. The proposed plan for this new plat indicates that increased runoff from development of the site is consistent with the original drainage plan. The applicant shall verify that all improvements identified to address runoff from the site in the drainage plan developed for the Oaks 2nd Addition have been constructed, or shall provide a guarantee for their construction as a condition of re-platting. The previous plat of the subject property included minimum building pad information for the site. The applicant shall verify that minimum pad and minimum low opening elevations are not needed for this development or shall include the requirements on the final plat. In addition to the above comments, a revised drainage plan is needed which addresses modifications to the lot configuration and new proposed locations of stormwater sewer lines. The applicant or their agent shall submit revised drainage plans for review and approval by the City. 10. Public Improvements –  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. No improvements to the public streets are anticipated. A private street contained within an access easement is proposed to provide access to lots from both Tall Tree Rd. and Rock Rd. DERBY PLANNING COMMISSION MINUTES Page 13 of 23   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 platting 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 development of the subject property.  Water & Fire Protection – Water service is available to this site via an existing 12- inch water main in the south Tall Tree Rd. right-of-way and an existing 24-inch main in the Rock Rd. right-of-way. Existing lines will provide adequate water pressure and fire flow for the subject site. Lots 1 and 4 will be able to connect to the existing 12-inch line in Tall Tree Rd. right-of-way. Lots 2 and 3 are proposed to connect to the existing 24-inch line in the Rock Rd. right-of-way. When these lots develop, extending service from the 24-inch line will need to be coordinated with Derby Utilities and an isolation valve will be required. The cost of tapping the 24-inch line and installing the required isolation valve will be the responsibility of the site developer. Existing fire hydrants are located at the north and south corners of the property along Rock Rd. The original plat configuration proposed an 8-inch extension south from the 12-inch line in Tall Tree and was proposed to include one additional hydrant near the middle of the development. Since the 8-inch extension is no longer proposed and the fire hydrant is not guaranteed, additional fire hydrants may be required when the property is developed. Final locations of hydrants will be determined by the Derby Fire Department at the time of site plan review. 11. Guarantee for Installation of Public Improvements –Public improvements are required to be guaranteed by the developer. Some public improvements are already installed to serve this site. Existing specials will need to be respread to the new lots. A respread agreement shall be submitted along with the final plat. The applicant has indicated that other necessary public improvements will be financed privately. In accordance with City policy, the applicant shall provide a financial guarantee for the required improvements. 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 revisions, an executed developer’s agreement will be required before final plat consideration by the City Council. 14. Miscellaneous – 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. DERBY PLANNING COMMISSION MINUTES Page 14 of 23 RECOMMENDATION: Approve the preliminary plat of The Oaks Commercial 2 nd 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 Cody Bird, City Planner - presented the staff report. DISCUSSION Chairman Hezlep – asked if businesses could be built underneath the power lines. Bird – replied buildings could not be constructed under the power lines; however, there was adequate space on the lots to avoid the power lines. Phil Meyer, Baughman Company, representing the applicant – said the applicant would also need to get approval from Westar Energy to build parking lots under the power lines. He indicated the applicant was in agreement with Staff’s comments as written. MOTION: Poteete SECOND: Adams VOTE: 8-0 AGENDA ITEM NO: 4 DESCRIPTION: Final 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 duplexes. DERBY PLANNING COMMISSION MINUTES Page 15 of 23 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 duplexes.  The area proposed for platting is 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.  Rezoning of the property to R-2 Two-Family Residential was recently recommended for approval by the Planning Commission and approved by the City Council at their March 11, 2014 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.  The preliminary plat of the property was considered by the Planning Commission at the April 3, 2014 meeting and approved subject to staff comments. The final plat submitted reflects the changes required by the Planning Commission. STAFF COMMENTS: 1. Plat Name – “The Oaks 4th Addition” is acceptable and does not duplicate the name of any existing plat. 2. Legal Description – The legal description of the property to be platted is accurately shown on the face of the plat. 3. Lots – The lot configuration shown is designed to accommodate duplex development. All lots within the proposed development are of sufficient size to meet the minimum lot size requirements and minimum lot width requirements. 4. Blocks – Block letters are appropriately shown on the plat. 5. Setbacks – Appropriate building setback lines are shown on the plat. Lot 6 is provided a 25 ft. building setback on both sides abutting a street in order to allow access from both cul-de-sacs, as recommended at the time of preliminary plat review. 6. Easements – At the time of preliminary plat review, the applicant was asked to align the 20 ft. storm sewer easement between Lots 9 and 10 with the existing storm sewer pipe draining Newberry Ct. to Reserve K, The Oaks 2 nd Addition. The final plat shows a revised easement location and provides an additional 10 ft. by 40 ft. stormwater sewer easement to allow connection to the existing stormwater sewer. This arrangement is satisfactory. Also at the time of preliminary plat review, utility easements were requested to accommodate a sanitary sewer along the west side of Lot 5 and between Lots 6 and 7. Easements were also requested on the west side of Newberry Pl. on Lots 12-15. The requested easements are shown on the final plat. DERBY PLANNING COMMISSION MINUTES Page 16 of 23 7. Streets and Access – The street configuration and widths as shown are sufficient to accommodate traffic expected with this development. All lots are currently shown to provide adequate access to a public street. 8. Reserves – Reserve “A” is intended for landscaping, open space, drainage and utilities. The reserve is proposed to be owned and maintained by the owner of Lot 8, Block D, The Oaks 2nd Addition. Potential purchasers of Lot 8 will be informed of this responsibility by inclusion of the legal description of Reserve “A” with the title work for Lot 8. 9. Drainage – Drainage for the subject area was originally addressed in the drainage plan for The Oaks 2nd Addition. City staff has reviewed the original drainage plan and accepts the design as appropriate for the proposed development. Minimum building pad elevations as indicated on the face of the plat are currently shown in NGVD29. Minimum pad elevations shall also be referenced to the North American Vertical Datum 1988 (NAVD88) in a separate table. 10. Public Improvements –  Sanitary Sewer – Existing sanitary sewer lines are in place along the north, east and south sides of the proposed development and provide service to most lots. An extension is proposed along the property line between Lots 6 and 7 and extends across Newberry Ct. to provide service to Lots 11-15. Existing sanitary sewer risers were installed based upon the presumption of construction of single-family residences. The applicant intends to install additional sewer risers to provide separate sewer connections for each dwelling unit as part of the sanitary sewer extension project.  Water and Fire Protection – Water service is shown to be provided by extension of 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 has reviewed the proposed plat and has no concerns.  Sidewalks – 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. 11. Guarantee for Installation of Public Improvements – Petitions guaranteeing installation of required improvements are on file at the City, and the Council has adopted resolutions to finance the public improvements. The resolutions require amendments to reflect the proposed changes to the benefit district. City staff is coordinating with the applicant to make the necessary amendments. 12. Plat Binder – A plat binder for the property was submitted and all property interests and encumbrances appear to be addressed on the final plat. DERBY PLANNING COMMISSION MINUTES Page 17 of 23 13. Developer’s Agreement – A draft developer’s agreement was submitted and is being reviewed by city staff. An executed developer’s agreement meeting the approval of the City will be required before final plat consideration by the City Council. 14. Miscellaneous – On May 1, 2014, the Planning Commission elected a new Chairperson to serve for the 2014-2015 term. The new Chairperson signature line on this plat shall read as “John H. Hezlep.” 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 4th Addition to Derby, Sedgwick County, Kansas subject to staff comments and authorize the applicant to proceed with the final plat tracing. Attachments: Final Plat Cody Bird, City Planner - presented the staff report. DISCUSSION Commissioner Hansen – asked for clarification regarding the sanitary sewer line location and whether it would affect the pond located south of the platted area. Bird – said the existing sewer line runs south and west from the east side of the subject site. He said the sanitary sewer is already in place and will not affect the pond. Chairman Hezlep – asked if the lots to the west will have a front load sewer connection. Bird – answered yes. Commissioner Poteete – questioned the 25 foot combined storm water sewer and utility easement on the north side. Bird – explained that there is an existing reserve to the north of this site that includes drainage, and therefore, the 30 foot combined easement s not required at this location. MOTION: Baer SECOND: Adams VOTE: 7-1; Hansen opposed DERBY PLANNING COMMISSION MINUTES Page 18 of 23 AGENDA ITEM NO: 5 DESCRIPTION: Preliminary Plat – Anderson Farm Commercial 3rd Addition GENERAL LOCATION: Northwest corner of Rock Road and Patriot Avenue APPLICANT: Attn: W.E. Lusk, Jr. Lusk Communities, Inc. Vacalex-Kansas, LLC Derby Investments, Inc. AGENT: Baughman Company, P.A. REASON FOR REQUEST: Replat existing commercial lots to new configuration BACKGROUND INFORMATION:  The applicant has submitted a request to replat 49.29 acres of land located at the north of Patriot Ave. and west of Rock Rd. to modify lot sizes and configuration for commercial development.  The area proposed for platting is a replat of portions of Anderson Farm Commercial Addition and Anderson Farm Commercial 2nd Addition (7 platted commercial lots and a 5 ½ acre reserve).  The land is presently zoned B-3 “General Business.” The zoning of the property will not be affected by the proposed replatting.  In addition to reconfiguring the lot layout, entry drives which access Rock Rd. are being realigned to match the access openings to the new USD 260 Middle School development on the east side of Rock Rd. STAFF COMMENTS: 1. Plat Name – The preliminary plat indicates the development will be referred to as “Anderson Farm Commercial 3rd 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 description references existing platted lots and a reserve in Anderson Farm Commercial Addition and Anderson Farm Commercial 2nd Addition. Benchmarks, bearings and distances match the boundary identified on existing plats. 3. Lots – There are 9 lots proposed for this development. The greatest change from the existing lot configuration is the addition of new pad site lots along Rock Rd. The additional lots are aligned on either side of entry drives to provide convenient access to the lots since access to Rock Rd. is controlled. DERBY PLANNING COMMISSION MINUTES Page 19 of 23  All lots within the proposed development exceed the minimum lot size requirements of the B-3 Zoning District (15,000 sq. ft.). All lots exceed the minimum lot width requirement of 35 ft. The dimension label on the west line of Lot 7 shows that the lot is 200 ft. wide; however, the lot measures at 250 ft. The 250 ft. x 250 ft. would be consistent with the lot size indicated by the label for the lot. The applicant shall verify the correct dimensions and update labels accordingly. 4. Blocks – One block is proposed and is appropriately labeled as Block “A” on the preliminary plat. 5. Setbacks – A building setback of 35 ft. is required for all commercial lots where abutting a public street. The appropriate 35 ft. building setback is shown along all streets abutting the property to be platted. 6. Easements – Existing easements as shown on the plats for Anderson Farm Commercial Addition and Anderson Farm Commercial 2nd Addition are identified on the face of the proposed plat. Additionally, the City has requested a 6.5 foot sidewalk easement adjacent to Rock Rd. street right-of-way in order to provide a sidewalk to be installed when Rock Rd. at this location is reconstructed. The requested easement is included on the face of the plat. In accordance with the Subdivision Regulations, where utility easements and stormwater sewer easements are combined, a width of 30 ft. is required. Combined easements currently shown with a width of 20 ft. shall be increased to 30 ft. A screening wall is required to screen the commercial property from adjacent properties to the west of the site. A 5 foot wall easement was required with the original plat of this property and the easement is also provided on the proposed plat. The wall easement is not required along Reserve “A” because the width of the reserve provides sufficient buffering from adjacent properties. There are several right-of-way easements or right-of-way agreements within the Rock Rd. street right-of-way which are identified on the Anderson Farm Commercial and Anderson Farm Commercial 2nd plats which do not appear on the proposed plat. The applicant or their agent should verify the location of these agreements and provide identification on the face of the plat. Additional easements necessary to provide utility service to all lots within the development shall be coordinated with an updated utility plan as noted under #10 “Public Improvements.” 7. Streets and Access – The property to be platted has access to Rock Rd. to the east and also Patriot Ave. to the south. Rock Rd. and Patriot Ave. are both 4-lane urban arterials at this location. At the time of this report, plans are being finalized for reconstruction of Rock Rd. which will include construction of continuous right-hand DERBY PLANNING COMMISSION MINUTES Page 20 of 23  turn lanes on both sides of the street and a center left-turn lane. No improvements to Patriot Ave. are expected to be needed. There is existing platted access control along Rock Rd. except for platted openings at 3 locations: 2 openings are major (50 ft.) openings and one is a minor (30 ft.) opening. The number of proposed openings on the plat for this property is consistent with the existing number of openings. A 50 ft. opening proposed at the north line of Lot 7 is in nearly the same location as the previous platted opening. The other 2 openings have been aligned with the platted streets east of Rock Rd. in the USD 260 Middle School Addition (Independence Ave. and Freedom St.). Since both intersections will be controlled by traffic signals, both openings are proposed as major openings. The access controls shown and the proposed openings are consistent with the design criteria of the Subdivision Regulations. Complete access control is also shown where the property abuts Patriot Ave. except for the existing platted openings, which remains acceptable. All lots are currently shown to provide adequate access to a public street. Joint access easements are identified on the proposed plat at the openings to Rock Rd. The easements are shown to be dedicated by separate instrument. The applicant shall provide a draft copy of the easements to be dedicated along with the final plat submission. 8. Reserves – The preliminary plat proposes one reserve, Reserve “A” which is intended for landscaping, open space, lakes, screening walls, drainage purposes and utilities confined to easements. The proposed reserve area matches exactly the location, dimensions and purposes of Reserve “A” on the existing plat for Anderson Farm Commercial Addition. The reserve is 5.5 acres in size and is the proposed location of a detention pond serving the development. 9. Drainage – Drainage for the subject area was originally addressed in the drainage plan for Anderson Farm Commercial Addition. A drainage concept plan for the proposed replat is consistent with the original drainage plan and is acceptable to the City. A note on the concept plan states “stormwater sewer and detention facility will be sized and final location determined at the time of Final Drainage Plan.” The applicant or their agent shall coordinate with City staff to address details pertaining to the final drainage plan. Elevations shown on the minimum building pad table reference NGVD29: A separate minimum pad table shall also be provided which references the North American Vertical Datum 1988 (NAVD88). 10. Public Improvements – A utility plan was submitted with the preliminary plat, but appears to be outdated. Water and sanitary sewer lines along Rock Rd. which are shown as proposed are now existing. The applicant is advised that an updated utility plan is needed with the final plat. The updated utility plan shall show how services will be provided to all lots within the development, and corresponding easements to accommodate utilities shall be indicated. DERBY PLANNING COMMISSION MINUTES Page 21 of 23 11. Guarantee for Installation of Public Improvements – Public improvements are required to be guaranteed by the developer. Petitions for public improvements shall be submitted with the final plat. Some public improvements already have petitions in place and corresponding resolutions have been adopted by the City Council. Existing resolutions may need to be amended to reflect the proposed changes to the benefit district. City staff will work with the applicant to coordinate amendments to resolutions. Additionally, re-spread agreements for existing special assessments are needed. Draft re-spread agreements shall be submitted with the final plat. 12. Plat Binder – A plat binder addressing property interests and encumbrances shall be submitted along with the final plat. 13. Developer’s Agreement – A draft developer’s agreement was submitted along with the preliminary plat. The applicant has indicated to staff that they desire to discuss some provisions of the developer’s agreement. Modifications to the draft developer’s agreement can be addressed between the preliminary and final plat submission. A final signed developer’s agreement meeting the approval of the City will be required before final plat consideration by the City Council. 14. Miscellaneous – The applicant should reference Section 502 of the Subdivision Regulations when preparing a final plat submission. In particular, all required accompanying documents shall be submitted with the final plat. RECOMMENDATION: Approve the preliminary plat of Anderson Farm Commercial 3rd, an 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 Commissioner Rhein – disclosed that she works for Parsons Brinckerhoff, the engineering company of record on the Rock Road project, which is adjacent to the Anderson Farm Commercial 3rd Addition. She indicated that she has filed a Statement of Substantial Interest with the Sedgwick County Election office noting her employment and that she would participate in the discussion and voting for agenda item #5. Cody Bird, City Planner - presented the staff report. DISCUSSION Commissioner Rhein – identified a correction to item #7 of the staff report and noted that the platted opening did not align with Freedom Street. DERBY PLANNING COMMISSION MINUTES Page 22 of 23