Planning Commission

CITY OF DERBY ________________________________________________________________ MEETING OF THE PLANNING COMMISSION REGULAR MEETING June 5, 2014 6:30 PM ________________________________________________________________ CALL MEETING TO ORDER ROLL CALL CONSIDERATION OF MINUTES: Planning Commission Meeting of May 15, 2014. PUBLIC FORUM AGENDA ITEMS 1. Final Plat – Courtyards at The Oaks Addition General location: SW corner of Tall Tree Rd. and Triple Creek Dr. 2. Preliminary Plat – Ridge Point Commercial Addition General location: SE corner of Buckner St. and Patriot Ave. ANNOUNCEMENTS ADJOURN NEXT CITY COUNCIL MEETING REPRESENTATIVES: June 10 Mitch Adams June 24 Kathy Wills July 8 Gunter Hansen July 22 Jack Hezlep August 12 Larry Gould  CITY OF DERBY PLANNING COMMISSION MINUTES June 5, 2014, 6:30 PM MEMBERS PRESENT: Mitch Adams, Gunter Hansen, Kathy Wills, Jessica Rhein, Patrick Baer, Herman Hicks, Dennis Poteete, Larry Gould MEMBERS ABSENT: Jack Hezlep, Shawn Riley CITY STAFF PRESENT: Cody Bird, City Planner; Marcia Hartman, Recording Secretary CONSIDERATION OF MINUTES: Planning Commission Meeting of May 15, 2014. Commissioner Adams – asked for clarification on the contents of the staff report for agenda item number 5, specifically, the statement that says the platted opening is aligned with Freedom Street. Cody Bird, City Planner– acknowledged the error in the staff report and indicated that it was not changed in the minutes in order to maintain an accurate record of the information previously published. The error was also noted during the May 15, 2014 meeting and a comment included in the minutes. MOTION: Hansen SECOND: Adams VOTE: 7-0-1; Hicks abstained PUBLIC FORUM OPENED PUBLIC FORUM CLOSED AGENDA ITEM NO: 1 DESCRIPTION: Final Plat – Courtyards at The Oaks Addition GENERAL LOCATION: Southwest corner of Tall Tree Road and Triple Creek Drive CONTRACT PURCHASER: Perfection Signature Properties, LLC AGENT: MKEC Engineering REASON FOR REQUEST: Replat existing single-family lots to allow development of patio homes and related on-site amenities. DERBY PLANNING COMMISSION MINUTES Page 1 of 12 BACKGROUND INFORMATION:  The applicant has submitted a request for final plat review of a 20.2 acre property, located at the southwest corner of Tall Tree Rd. and Triple Creek Dr.  The plat is a replat of The Oaks 3rd Addition, consisting of 54 platted single-family lots.  The applicant desires to replat the current configuration in order to increase the number of lots and to make them narrower to accommodate a unique housing development as part of a Residential Planned Unit Development (RPUD).  The property is presently zoned R-1 Single-Family Residential, however, a zone change request for a RPUD was considered and recommended for approval by the Planning Commission at the May 15, 2014 meeting. The plat should accurately reflect the site plan as proposed for the RPUD request.  Platting of the property pursuant to Derby Subdivision Regulations is required whenever land is proposed to be divided or further divided into more than two lots.  The Planning Commission considered and recommended approval of the preliminary plat for the subject property at the March 20, 2014 meeting.  Subsequently, the applicant submitted final plat drawings for consideration at the May 1, 2014 meeting, but requested to defer the item to allow time to address staff comments and to coordinate associated documents. o The Planning Commission voted to table the item until the June 5, 2014 meeting.  The applicant has since made adjustments to the final plat drawing and has submitted drafts of required supporting documents for City review. STAFF COMMENTS: 1. Plat Name – The name of the plat is “Courtyards at The Oaks” which is acceptable. 2. Legal Description – The legal description for the property is provided on the face of the plat. 3. Lots – The applicant is proposing 87 lots for development of patio homes. The lot sizes are proposed to be reduced to allow a particular unique arrangement of single- family residences. A zone change request for a RPUD was recommended for approval by the Planning Commission subject to the proposed minimum lot size of 5,200 sq. ft. All lots shown on the plat meet the minimum required lot size. Minimum width and depth dimensions were also recommended for approval with the RPUD. All lots meet the minimum width and depth dimensions of the RPUD regulations. 4. Blocks – 3 blocks are shown and are labeled with appropriate block numbers. 5. Setbacks – Front building setback lines as proposed by the RPUD are shown to be a minimum of 15 ft. for residential dwellings, with an increased 20 ft. minimum setback for garages to ensure adequate space for vehicles to park. A number of lots adjacent DERBY PLANNING COMMISSION MINUTES Page 2 of 12  to Reserve islands within the street right-of-way have front yard setbacks of 20 ft. for both dwelling and garage, which is acceptable. Rear yard setbacks are shown to be 15 ft. in accordance with requirements for the RPUD. 6. Reserves – Numerous reserves of various sizes and intended uses are proposed for this development. Language designating what uses are allowed in reserve areas is included in the text of the “Owner’s Certificate” on the face of the plat. City staff has provided revised language for the “Owner’s Certificate” to the applicant. City staff will coordinate with the applicant to ensure the agreed upon language is shown on the face of the plat. 7. Easements – Westar Energy responded to the notice of preliminary plat requesting a 10 ft. utility easement along the west edge of Reserves “E” and “I”. The requested easements are shown on the final plat. The preliminary RPUD zoning request for the subject property was approved subject to a 6 ft. utility easement along both sides of the street right-of-way. These easements are shown on the plat as “Sidewalk & Utility Easements.” The final RPUD zoning was approved subject to removing “Sidewalk” from the easement dedication. The final plat application was submitted prior to the final RPUD hearing, thus, the applicant shall ensure that the required change is reflected on the final plat tracing. The preliminary plat included a combined 20 ft. “wall, utility and drainage” easement along the north edge of the property. The wall easement portion has been removed because the required screening wall will be provided within the adjacent reserve along Tall Tree Rd. The same arrangement will also be provided along Triple Creek Dr. The Homeowner’s Association which owns and maintains the reserves has confirmed this arrangement. The applicant shall verify that the proposed location of the screening wall along Tall Tree Rd. is acceptable within the KG&E easement. Locations within Reserves F, G, H, K and L are proposed for parking easements. The applicant and staff coordinated on the depth of the proposed parking easements to ensure that there is adequate depth to provide the minimum 19 feet to be in compliance with parking space dimension standards and to ensure that parked vehicles will have enough space so that they do not overhang the public street. City staff recommends allowing the parking spaces to be partially within the street right-of- way; however, the developer or the Homeowner’s Association will be solely responsible for maintenance of the parking areas. Sidewalks shall be provided in front of parking spaces within the reserves. Reserves F, G, H and K are reserved for public sidewalks. Reserve L provides a “sidewalk and utility” easement to accomplish the same. 8. Streets and Access – The site gains access to Triple Creek Dr. via two local residential streets. Development of this site will trigger construction of Triple Creek Dr. from the traffic circle south to Meadowlark Blvd. Triple Creek Dr. will be a collector street which will be able to accommodate the expected traffic from the proposed development. A platted reserve to the north of the subject site prevents DERBY PLANNING COMMISSION MINUTES Page 3 of 12  access to Tall Tree Rd. Similarly reserves on the east also restrict individual lots access to Triple Creek Dr. Public streets proposed to be dedicated to serve the interior of the development are shown with a 50 ft. minimum right-of-way, as required for approval of the preliminary RPUD and preliminary plat. Clearlake and Twisted Oak streets, where divided to go around median islands, are reduced to 23 ft. which was recommended for approval as part of the RPUD. The reduced width is acceptable since the through side of the street retains the full 50 ft. right-of-way width. The cul-de-sac turnaround for Cross Creek Pl. has been designed to provide adequate width to allow fire apparatus to maneuver around the proposed median island. Fire Department staff has reviewed the cul-de-sac configuration and found the design to be acceptable. A turnaround is required at the south end of Cross Creek where the street ends at the edge of the development. The applicant has submitted a draft temporary right-of-way easement to accommodate the required turnaround. City staff has reviewed the proposed temporary easement and found it acceptable. The easement is not required to be shown and should be removed from the final plat drawing. 9. Drainage – City staff originally required the applicant to provide a drainage plan which detained stormwater runoff on site to a level that would not exceed the level originally designed for the area. Since the preliminary drainage plan, the applicant and City staff have coordinated and have determined that the incremental change in surface runoff is not significant and that onsite detention is not necessary. Instead, lots will be graded to direct surface runoff to the back yards of residences and then west to existing storm sewer inlets. The applicant shall verify what the spread of surface flow in the backyards is expected to be and shall confirm that existing stormwater inlets are sufficient to accommodate the flow, or if extensions of the stormwater sewer and additional inlets are necessary. The applicant shall also ensure that site grading is designed to provide a safe escape route for surface runoff should the stormwater sewer be overwhelmed. A letter addressing the above comments is required to be included with the final drainage plan. 10. Public Improvements – Streets – Streets will be standard 31-foot local residential streets built to City standards. Development of this site will also necessitate the construction of Triple Creek Dr. from the traffic circle at Tall Tree Rd. south to Meadowlark Blvd. Resolutions for financing this improvement were recently approved by the City Council and upon construction of the street, special assessments will be spread to the benefitting properties. Sanitary Sewer – Sanitary sewer is available along the south property line of the site. The submitted utility plan shows additional lines proposed to be extended along rear lot lines to provide service to all lots within the development. DERBY PLANNING COMMISSION MINUTES Page 4 of 12  Water and Fire Protection – A 12-inch water line will be installed along Triple Creek Dr. to serve this development and adjacent areas. Installation of the 12-inch waterline is a condition of approval for development of the site. 8-inch lines can then be extended west from the main line to serve the development. Proposed locations are shown on the utility plan and are acceptable to City staff. Fire hydrant locations shall be coordinated with City staff and Derby Fire Department at the time waterline plans are submitted for review. Sidewalks – Sidewalks are required to be constructed along both sides of public streets and are to be located within the street right-of-way at the edge of the property line. Where sidewalks are not able to be located within the street right-of-way, sidewalk easements are dedicated or reserves provide the ability to install public sidewalks. Sidewalk connections from the development to Tall Tree Rd. and to Triple Creek Dr. will need to be coordinated with the installation of the screening wall to ensure appropriate openings or gates are provided. Guarantee for Installation of Public Improvements – Financial guarantees are required as a part of the platting process. The applicant has submitted a draft re-spread agreement for distributing existing special assessments for public improvements to reflect the new lots. Draft petitions were also submitted for public waterlines, sanitary sewer and streets. City staff is coordinating with the applicant to address a number of minor changes to the submitted documents. Final approved and signed petitions and re-spread agreement are required prior to the final plat being considered by the City Council. 11. Plat Binder – A plat binder addressing property interests and encumbrances was submitted with the final plat and all matters appear to be addressed on the final plat. 12. Developer’s Agreement – A draft developer’s agreement was submitted along with the final plat application. City staff is coordinating with the applicant to address some minor changes. A final executed developer’s agreement meeting the approval of the City is required before final plat consideration by the City Council. 13. 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.” RECOMMENDATION: Approve the final plat of Courtyards at The Oaks, an 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. He asked the applicant to provide an update regarding the location of the screening wall. Bird explained staff’s re-evaluation of DERBY PLANNING COMMISSION MINUTES Page 5 of 12 parking easements in the reserves and their recommendation to allow parking spaces to be located part way within the street right-of-way as long as the parked vehicles do not overhang the street curb. The revised drawings show a 13 ½ ft. parking easement, which in addition to the street right-of-way, would allow 4 ft. between the end of a parked vehicle and the curb of the street. DISCUSSION: Brian Lindebak, MKEC – in response to Mr. Bird’s question about the screening wall, Lindebak indicated that they were working with Westar on a plan and said that the screening wall will be constructed within the existing platted reserve. Commissioner Hansen – asked if parked vehicles will block the sidewalk. Bird – indicated that sidewalks will be constructed in front of the parking spaces and will not obstruct sidewalks. Commissioner Adams – asked for clarification regarding the platted reserve to the north of the site that prevents access to Tall Tree Road. Bird – identified the reserve area as a small portion of land north of the platted area. The platted reserve is a part of The Oaks 3rd Addition which is not being replatted as part of the subject site. The reserve prevents vehicular access from the platted area directly onto Tall Tree Road. MOTION: Baer SECOND: Hicks VOTE: 8-0 AGENDA ITEM NO: 2 DESCRIPTION: Preliminary Plat – Ridge Point Commercial Addition GENERAL LOCATION: Southeast corner of Buckner St. and Patriot Ave. APPLICANT: William Lusk, Jr. Living Trust AGENT: Baughman Company, P.A. REASON FOR REQUEST: Replat existing commercial lots to new configuration to facilitate development BACKGROUND INFORMATION:  The applicant has submitted a request to replat 9.31 acres of land located at the southeast corner of Buckner St. and Patriot Ave. to create a new lot configuration for commercial development. DERBY PLANNING COMMISSION MINUTES Page 6 of 12   The area proposed for platting is a replat of Lots 1 and 2, Block 1, Ridge Point 4 th Addition.  The land is presently zoned B-3 “General Business.” The zoning of the property will not be affected by the proposed replatting.  Platting of the property pursuant to Derby Subdivision Regulations is required whenever land is proposed to be divided or further divided into more than two lots. STAFF COMMENTS: 14. Plat Name – The preliminary plat indicates the development will be referred to as “Ridge Point Commercial Addition.” This name is acceptable and does not duplicate the name of any existing plat. 15. Legal Description – The legal description of the subject property is Lots 1 and 2, Block 1, Ridge Point 4th Addition. The plat is referenced to existing plat corners. 16. Lots – 6 lots are proposed for this development. 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. 17. Blocks – Block letters or numbers are required and shall be shown on the final plat. 18. 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. 19. Easements – Existing easements and right-of-way agreements will be vacated by virtue of replatting the property, and will be rededicated as shown on the proposed plat. A 30 ft. combined stormwater sewer and utility easement is provided along the west side of Lot 5 and part of Lot 6 where a new stormwater sewer is proposed to be located. The 30 ft. width meets the minimum requirements of the Subdivision Regulations for combined easements. An existing screening wall was previously installed to meet the requirements for screening commercial property from adjacent residential properties to the south and east of the site. The wall was constructed outside of the utility easement in order to avoid conflicts with utilities. A minimum 5 ft. wall easement shall be dedicated adjacent to the utility easement to ensure access for maintenance of the screening wall. The preliminary plat was mailed to utility providers for review and to date, no additional utility easements have been requested. DERBY PLANNING COMMISSION MINUTES Page 7 of 12 20. Streets and Access – The property to be platted has access to Buckner St. to the west and also Patriot Ave. to the north. Buckner St. and Patriot Ave. are both 4-lane urban arterials at this location. No improvements to the public streets are expected to be needed as a result of this development. All lots are currently shown to provide adequate access to a public street. Joint access easements are identified on the proposed plat on the lot lines between Lots1 and 5 and also between Lots 2 and 3. 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. Complete access control is shown to be dedicated along both Buckner St. and Patriot Ave. except for proposed openings. There are 3 openings proposed to Patriot Ave. and 2 openings proposed to Buckner St. All openings are proposed to be full access openings (allowing all turning movements). The openings closest to the intersection are less than the minimum distance required by the Subdivision Regulations for full access openings (400 ft.); however, there is a provision which allows such openings when approved by the City. City staff recommends approval of the proposed opening locations. Openings proposed for this plat do not align with the openings platted for Stone Creek Commercial Addition north of Patriot Ave. There is some flexibility to align drive locations at the time of site plan review. The entrance to Lot 6 will also need to be aligned with the drive on the west side of Buckner St. when those lots are developed. The opening to Lot 6 has a utility pole and guy wires as well as a stormwater sewer inlet which will need to be considered at the time the drive is constructed. The opening between Lots 1 and 5 has an existing sanitary sewer manhole which will also need to be accommodated. Relocation of existing utilities and improvements, including the costs therefore, is the responsibility of the developer. 21. Reserves – No reserves are proposed as part of this plat. 22. Drainage – The subject site drains to the southwest and to the northeast with the high point being in the middle of Lot 2. Runoff from Lots 1, 5, 6 and the west half of Lot 2 will be directed west to a proposed stormwater sewer extension. The proposed stormwater sewer will connect to an existing reinforced concrete box culvert under Buckner St. and will convey water to the property west of Buckner St. The runoff expected from the development of this site was considered and accounted for during the platting of the site to the west of Buckner St. The east half of Lot 2 along with Lots 3 and 4 will drain to a proposed stormwater sewer inlet and extension connecting to the existing line in Patriot Ave. right-of-way. It appears that existing grading of Lot 4 will divert a significant portion of the drainage to the northeast corner of the lot. The applicant or their agent shall assess if an additional inlet is needed to collect this runoff. DERBY PLANNING COMMISSION MINUTES Page 8 of 12 23. Public Improvements – A utility plan was submitted with the preliminary plat. Existing water, sanitary sewer and stormwater sewer serving the subject site are shown and are sufficient to serve the proposed lots. The applicant is proposing an 8-inch extension of the sanitary sewer line along the west side of Lot 5 to provide service to Lot 1. The utility plan notes that there is a proposed 8-inch cleanout: The extension is required to terminate with a manhole. The applicant should also be aware that the existing manhole is located within the area proposed for a drive entrance. The elevation of the manhole may be adjusted to grade or may be relocated. Other lots will be able to connect to existing sanitary sewer lines. Service lines for Lots 2, 3, and 4 will need to go under the existing screening wall in order to reach the main line. A note on the plans indicates that portions of the screening wall may need to be removed and replaced in order to access the existing sanitary sewer Removed sections of screening wall will be required to be replaced at the time the connection is made. A stormwater sewer extension is proposed along the west side of Lots 5 and 6 to accept runoff from Lots 1, 5, 6 and the west part of Lot 2. Another short extension is proposed on the lot line between Lots 3 and 4 and is proposed to connect to an existing stormwater sewer in Patriot Ave. right-of-way. The proposed inlet will collect water from Lots 3 and 4 and the east half of Lot 2. The applicant will need to identify the proposed size of the stormwater sewer extensions and verify that they are sufficient to carry the volume of runoff expected when the lots are developed. The waterline location shown in Buckner St. along the west side of proposed Lot 1 does not appear to match the location available on City records. The applicant is advised that developers of the lots are responsible for coordinating utility connections with the applicable utility provider. A sidewalk is required along the east side of Buckner St. to be built in accordance with Derby’s standard specifications. A right turn lane on Buckner St. and an accel. lane on Patriot Ave. may be needed in the future and the financing of which shall be guaranteed via petition. 24. Guarantee for Installation of Public Improvements – Public improvements are required to be guaranteed by the developer. Petitions for the public sanitary sewer extension and stormwater sewer extensions shall be submitted with the final plat, or if the developer desires, a letter of credit may be submitted and the extensions may be constructed by private project, subject to inspection and acceptance by the City of Derby. Petitions are on file for the public sidewalk and for the accel. lane on Patriot Ave.; however, as a result of a previous lot split for a development that did not occur, the petitions do not adequately address the necessary improvements and the cost of the improvements are not appropriately distributed to the benefitting properties. The DERBY PLANNING COMMISSION MINUTES Page 9 of 12  applicant shall submit new petitions for the sidewalk along Buckner St., a right turn lane on Buckner St. and an accel. lane on Patriot Ave. Other public improvements have already been constructed and special assessments have been spread to the benefitting properties. The subject properties to be platted are currently paying a special assessment for waterline improvements which will need to be re-spread to the new lots. A draft re-spread agreement shall be submitted with the final plat. Alternatively, the special assessment for the waterline is set to end in 2015. If the developer so chooses, the remaining special assessments may be paid off and evidence of such payment be provided to the City of Derby. 25. Plat Binder – A plat binder addressing property interests and encumbrances was submitted along with the preliminary plat. All applicable encumbrances appear to be addressed on the preliminary plat drawing. 26. Developer’s Agreement – A draft developer’s agreement was submitted along with the preliminary plat. City Staff will coordinate with the applicant to provide any comments pertaining to the document. A final signed developer’s agreement meeting the approval of the City will be required before final plat consideration by the City Council. 27. Miscellaneous – There is a utility pole with guy wires located at the opening to Lot 6 which may need to be relocated when the entrance to the site is constructed. There is also a stormwater sewer inlet in Buckner St. at this location which may need to be adjusted. Additionally, there are other utility pedestals and equipment which may conflict with proposed improvements or drive approaches. The developer is responsible for coordinating with appropriate utilities to relocate existing lines and equipment as necessary. The cost of relocation of any utility equipment is the responsibility of the developer. 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, including any proposed restrictive covenants and cross-lot drainage or cross-lot access agreements. RECOMMENDATION: Approve the preliminary plat of Ridge Point Commercial Addition, Derby, Sedgwick County, Kansas subject to staff comments and authorize the applicant to proceed with preparation of the final plat. Attachments: Preliminary Plat DERBY PLANNING COMMISSION MINUTES Page 10 of 12 Cody Bird, City Planner - presented the staff report. DISCUSSION: Commissioner Adams – asked if construction of improvements would be concurrent with site development or whether some improvements could be determined to be necessary in the future after the site has already developed. Bird – answered that improvements such as the accel. and decel. lanes would be constructed as necessary. Actual traffic counts and traffic warrants would be used to determine if those improvements are needed. Financial guarantees are required so that the improvements can be constructed if and when they are determined to be necessary. Adams – asked why City staff is comfortable with the reduced distance between the Patriot Ave. and Buckner St. intersection to the first opening location of the development. Bird – explained that normally, full access openings require 400 ft. separation from an intersection. The proposed opening is greater than 200 ft. from the intersection, the minimum distance required for right-in-right-out openings. City staff anticipates that the development area will not generate a significant volume of traffic to require the 400 ft. separation. Commissioner Rhein – asked why the proposed entrances along Patriot Ave. do not line up with platted openings of the development north of Patriot Ave. Bird – said the lots north of Patriot Ave. are likely to be replatted in the future to change their configuration. Whichever side of the street develops first, the opposite side of the street will be required to align entrances with the entrances of developed lots. Commissioner Hansen – stated that he had a concern with the traffic generated by the annual fireworks sales at this location and asked if the City engineer could address potential traffic issues. Bird – indicated that City engineering staff could attend the Planning Commission meeting when the final plat for this development is considered to address those concerns. Commissioner Baer – indicated that the existing driveway to Patriot Ave. is not aligned within the 30 ft. opening on the preliminary plat and asked if the applicant planned to eliminate the drive and rebuild the opening for Lot 1. Kris Rose, Baughman Company – answered yes, the Lot 1 opening to Patriot Ave. will be rebuilt. In addition to the Lot 1 opening, a shared joint opening is proposed to serve Lots 2 and 3. The owner of Lot 1 could also include a joint access easement to benefit Lots 2 or 5. Rhein – asked how Lot 1 will access sanitary sewer and if it will connect to the existing line along Buckner St. Rose – said a 20-30 ft. extension is proposed to extend the existing sanitary sewer line along Buckner Street north to Lot 1. MOTION: Hicks SECOND: Poteete VOTE: 8-0 DERBY PLANNING COMMISSION MINUTES Page 11 of 12