Planning Commission
Regular MeetingDerby, KS · June 19, 2014
Minutes
CITY OF DERBY
PLANNING COMMISSION MINUTES
June 19, 2014, 6:30 PM - Approved
MEMBERS PRESENT: Jack Hezlep, Pat Baer, Kathy Wills, Gunter Hansen,
Dennis Poteete, Larry Gould, Herman Hicks
MEMBERS ABSENT: Shawn Riley, Jessica Rhein, Mitch Adams
CITY STAFF PRESENT: Cody Bird, City Planner; Marcia Hartman, Recording Secretary
CONSIDERATION OF MINUTES: Planning Commission Meeting of June 5, 2014.
MOTION: Baer
SECOND: Hansen
VOTE: 7-0
PUBLIC FORUM OPENED
PUBLIC FORUM CLOSED
AGENDA ITEM NO: 1
DESCRIPTION: Final 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:
The applicant has requested 6.5 acres of land located at the southwest corner of
Tall Tree Rd. and Rock Rd. to be replatted 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
DERBY PLANNING COMMISSION MINUTES Page 1 of 26
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 zoning of the property was recently changed to B-3 “General Business” in
order to allow a greater range of commercial uses.
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.
A preliminary plat for this property was considered by the Planning Commission at
the May 15, 2014 meeting. The Commission voted to approve the preliminary plat
subject to comments contained in the staff report. The applicant has since
addressed the comments and submitted the final plat for consideration.
STAFF COMMENTS:
1. Plat Name – “The Oaks Commercial 2nd Addition” is acceptable and does not
duplicate the name of any existing plat.
2. Legal Description – The plat is a replat of “All of Lot 1, Block D, The Oaks, an Addition
to Derby, Sedgwick County, Kansas.” Upon final approval of the plat, the new legal
description will be Lots 1-4, Block A, The Oaks Commercial 2nd, an Addition to Derby,
Sedgwick County, Kansas as shown in the certificates on the face of the plat.
3. Lots – The plat proposes to divide the existing single lot into 4 smaller lots. All lots are
of sufficient size and width to meet the minimum requirements of the B-3 district.
4. Blocks – One block, Block A, is proposed and is appropriately labeled on the plat.
5. Streets and Access – The site is adjacent to Rock Rd. and Tall Tree Rd. Complete
access control is platted along Rock Rd. except for one opening, 465 ft. south of the
Tall Tree Rd. intersection. Complete access control is also platted for the first 100
feet west of Rock Rd. on Tall Tree Rd.
A 35 ft. joint access easement is proposed to extend through the development from
Tall Tree Rd. to Rock Rd. The access easement will provide adequate access to all
lots within the development. A 31 ft. street built to City standards will be provided
within the access easement. The draft access easement submitted for City staff
review provides language to ensure that the street will be marked for “No Parking” on
both sides of the street. Staff has reviewed the access agreement and provided
comments to the applicant. The applicant or their agent is responsible for recording
the access easement in conjunction with the final plat.
“No Parking” signs along the access easement 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.
DERBY PLANNING COMMISSION MINUTES Page 2 of 26
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.
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 along the rear
property line.
A new 30 ft. storm sewer and utility easement is proposed to accommodate a public
sanitary sewer extension to serve the lots within the development as well as 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.
No additional easements were requested by utility providers.
8. Reserves – No reserves are proposed for this plat.
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 applicant was asked to verify that subsequent changes
to development plans within The Oaks Additions adequately address drainage. The
agent for the applicant has conducted a new basin study and determined that the
original drainage plan has been modified in several ways, which includes the addition
of a new detention basin just south of the Westar Energy substation. The new
detention basin provides significant capacity that was not previously available, and
thus, the new study indicates that the peak outflow of the basin has been reduced
below that which was originally designed.
The detention basin south of the electric substation was originally constructed for a
different purpose. Because the basin is now proposed to provide required detention,
a drainage easement is required. The owner of the land proposed to be platted as
The Oaks Commercial 2nd Addition also owns the land on which the detention basin is
located. Dedication of a public drainage easement for the detention basin shall be a
condition of approval for the proposed plat of The Oaks Commercial 2nd Addition.
Minimum building pad information for the lots is appropriately shown on the face of
the plat.
A note on the drainage plan states that the internal stormwater sewer pipe will be
sized and final location approved during the site plan process. Since the storm sewer
will be serving multiple lots within the development, and will be constructed before or
in conjunction with the private street, sizing the pipe during site plan review is not
feasible. The applicant or their agent shall verify the pipe sizes necessary to serve
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the development and shall submit an updated drainage plan 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 necessary. A private street contained
within an access easement is proposed to provide access to lots from both Tall
Tree Rd. and Rock Rd.
Sanitary Sewers – An existing 12-inch sanitary sewer 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 sewer. 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 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 waterline
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. A re-spread agreement has been submitted showing how the
existing special assessments will be redistributed. The applicant has indicated that
other necessary public improvements will be financed privately. In accordance with
City policy, the applicant has provided a financial guarantee for the required
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improvements in the form of petitions. Final signed petitions are required prior to final
plat consideration by the City Council.
12. Plat Binder – A plat binder was submitted along with the final plat and all property
interests and encumbrances appear to be identified on the plat.
13. Developer’s Agreement – A draft developer’s agreement was submitted for review by
City staff. Staff has identified minor revisions to the agreement and will coordinate
with the applicant to address staff’s comments. Following 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.
RECOMMENDATION:
Approve the final 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 tracing.
Attachments: Final Plat
Cody Bird, City Planner - presented the staff report.
DISCUSSION:
Commissioner Hezlep – asked if there will be a turn lane on Rock Road to access the 40
ft. entrance south of Tall Tree Road.
Bird – said there are no proposed improvements to Rock Road as a part of this
development.
Commissioner Hansen – asked if left and right turns will be allowed from the
development onto Rock Road.
Bird – answered yes.
Commissioner Gould – indicated that Rock Road had approximately 2 miles of left and
right turning movements.
MOTION: Poteete
SECOND: Baer
VOTE: 7-0
DERBY PLANNING COMMISSION MINUTES Page 5 of 26
AGENDA ITEM NO: 2
DESCRIPTION: Final 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
northwest corner of Patriot Ave. and 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 2 nd Addition (7 platted
commercial lots and a 5.5 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.
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.
A preliminary plat for this property was considered by the Planning Commission at
the May 15, 2014 meeting. The Commission voted to approve the preliminary plat
subject to comments contained in the staff report. The applicant has since
addressed the comments and submitted the final plat for consideration.
STAFF COMMENTS:
1. Plat Name – “Anderson Farm Commercial 3rd Addition” is acceptable and does not
duplicate the name of any existing plat.
2. Legal Description – The plat is a replat of portions of Anderson Farm Commercial
Addition and Anderson Farm Commercial 2nd Addition. Upon approval of the final
plat, the new legal description will be Lots 1-9, Block A, Anderson Farm Commercial
3rd Addition together with Reserve “A” of said Anderson Farm Commercial 3 rd
Addition, Derby, Sedgwick County, Kansas which is reflected in the certificates on the
face of the plat.
DERBY PLANNING COMMISSION MINUTES Page 6 of 26
3. Lots – There are 9 lots proposed for this development. All lots within the proposed
development exceed the minimum lot size and lot width requirements of the B-3
Zoning District (15,000 sq. ft.).
4. Blocks – One block is proposed and is appropriately labeled as Block “A” on the plat.
5. Setbacks – Front yard building setback lines are shown to be 35 ft. along Rock Rd.
and along Patriot Ave., meeting the minimum requirement. The applicant or their
agent is asked to adjust the building setback label along Rock Rd. to minimize
confusion with the 35 ft. utility easement. The two may also be combined into a single
label to read as “35 ft. Building Setback and Utility Easement.”
6. 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. Easements as shown on the face of the plat are sufficient to accommodate
existing and proposed public utilities. 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.
Stormwater Sewer & Utility Easements are provided and measure to be 30 ft. as
required; however, 2 labels show the width to be 20 ft. – These labels need to be
corrected to adequately show the 30 ft. easement.
A 5 ft. wall easement is provided along property lines abutting adjacent institutional
and residential zoning districts in order to accommodate a screening wall to be
constructed in accordance with the Subdivision Regulations. The wall easement is
not required along Reserve “A” because the width of the reserve provides sufficient
buffering from adjacent properties.
The staff report for the preliminary plat requested the applicant provide additional
easements to extend utility service to all lots within the development in coordination
with an updated utility plan. City staff and the applicant have verified that all lots
within the development have adequate access to existing public utilities. Should
additional easements be needed to extend utilities in the future, easements may be
dedicated at the time of site plan review.
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 the time of this report, plans are being finalized for reconstruction of Rock
Rd. which will include construction of continuous right-hand turn lanes on both sides
of the street and a center left-turn lane. No improvements to Patriot Ave. are
expected to be necessary.
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 current 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
DERBY PLANNING COMMISSION MINUTES Page 7 of 26
openings have been aligned with the platted openings east of Rock Rd. in the USD
260 Middle School Addition. 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. At the time of this
writing, the City Attorney is reviewing the draft copy of the access easement
dedication. City staff will coordinate any recommended changes to the easement
dedication with the applicant. A signed final dedication shall be recorded in
conjunction with the final plat.
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. No changes are proposed to Reserve “A.”
9. Drainage – Drainage for the subject area was originally addressed in the drainage
plan for Anderson Farm Commercial Addition. A drainage concept plan submitted for
the proposed replat is consistent with the original drainage plan. Stormwater will be
collected and piped west to Reserve “A” where a detention pond will be constructed.
Sufficient easements to contain the public stormwater sewer are provided. The
original drainage plan and the subsequent concept plan are acceptable to the City.
The applicant or their agent shall provide a letter indicating that the existing drainage
plan remains sufficient to address the new plat and related development.
10. Public Improvements – Water and sanitary sewer lines are in place along Rock Rd. to
provide necessary service to all lots within the development. Extending water service
from the 24-inch line in Rock Rd. 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. There are
no internal water or sanitary sewer lines proposed. Should additional fire hydrants be
required as part of site plan review for any of the lots within the development,
additional easements may be dedicated at that time.
11. Guarantee for Installation of Public Improvements – Public improvements are required
to be guaranteed by the developer. At this location, some public improvements have
already been constructed. Others 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.
The applicant or their agent shall provide a list of all public improvements serving the
development. The list shall include a summary of existing resolutions, and shall
identify which resolutions have already been spread as special assessments, which
DERBY PLANNING COMMISSION MINUTES Page 8 of 26
resolutions are in need of amendment to reflect the new benefit district, and which
resolutions are to be repealed and replaced. The applicant or their agent shall
provide new petitions as necessary and shall also provide revised language
necessary for amending existing resolutions.
A re-spread agreement for an existing special assessment for sanitary sewer was
submitted. An additional sanitary sewer extension was recently completed along
Rock Rd., but the assessment may not yet appear on the County’s tax information.
The applicant or their agent shall verify that all special assessments are appropriately
addressed in the re-spread agreement. A final signed re-spread agreement shall be
submitted prior to consideration by the City Council.
12. Plat Binder – A plat binder was submitted along with the final plat and all property
interests and encumbrances appear to be identified on the plat.
13. Developer’s Agreement – At the time of this writing, the City Attorney is reviewing the
draft Developer’s Agreement submitted. Any necessary changes will be coordinated
with the applicant. 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 – 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 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 tracing.
Attachments: Final Plat
Cody Bird, City Planner - presented the staff report. Bird noted a text error on the
agenda and said the proposed replat is for portions of Anderson Farm Commercial
Addition and Anderson Farm Commercial 2nd Addition – The final plat being considered
at this meeting is for Anderson Farm Commercial 3rd Addition.
DISCUSSION:
Commissioner Hezlep – asked if the access reserve north of Patriot Avenue and on the
west side of QuikTrip will serve the newly platted areas.
Kris Rose, Baughman Company – said the access reserve could be extended north when
the lots begin to develop.
Commissioner Poteete – asked if the Rock Road reconstruction will be underway
concurrently with the Derby North Middle School development, or if reconstruction of
DERBY PLANNING COMMISSION MINUTES Page 9 of 26
Rock Road would occur later. He asked whether there will be a right-hand turn lane for
the property proposed for platting.
Bird – said there will be a right-hand turn lane to serve the properties. The Rock Road
construction project is being designed and bid now, and will be constructed before the
middle school opens.
Poteete – asked if easements will be outside of the turn lanes.
Bird – said the City requested an additional 6 ½ foot sidewalk easement to ensure the
sidewalk would be separated from the street. The plat shows only half of the right-of-way
for Rock Road.
Rose – said that the 70 foot shown for Rock Road was the half street right-of-way on the
west side of the Rock Road center line.
Bird – added that the streets will be contained within the street right-of-way and that there
will be separation between the street curb and the sidewalk.
Commissioner Baer – asked if the access reserve marked on the plat would be
considered an access easement.
Rose – explained that the access reserve is an access easement; however, it is being
defined in the plat as a reserve to delineate ownership within the existing lot owners
association.
Baer – asked if the 35 foot utility easement and the 5 foot utility easement could be
cleaned up and identified as a 40 foot utility easement.
Rose – agreed that it should be a 40 foot utility easement.
Bird – said staff agreed and asked that the final plat document be submitted with the
change shown.
MOTION: Gould
SECOND: Baer
VOTE: 7-0
AGENDA ITEM NO: 3
DESCRIPTION: Site Plan Review – Lot 5 except the north 149 ft. thereof,
Block 1, Derby Marketplace 3rd Addition
GENERAL LOCATION: East of Rock Rd., 1/4 mile north of Meadowlark Blvd.
APPLICANT: Chick-fil-A, Inc. – Jason Hill
AGENT: GBC Design, Inc. – Gary Rouse
REASON FOR REQUEST: Develop lot to allow new restaurant facility
DERBY PLANNING COMMISSION MINUTES Page 10 of 26
BACKGROUND INFORMATION:
A request for site plan review has been submitted for a site located in the Derby
Marketplace 3rd Addition on the east side of Rock Rd., approximately 1/4 mile
north of Meadowlark Blvd.
The subject site is described as Lot 5 except the north 149 ft. thereof, Block 1,
Derby Marketplace Third Addition.
o A lot split to divide Lot 5 into two tracts: Tract 5A (north) and Tract 5B
(south), was approved in accordance with the Subdivision Regulations.
o The lot split provides cross-lot access easements through the proposed
parking area on the west side of both Tracts 5A and 5B.
The site is approximately 1.57 acres, which exceeds the minimum lot size
requirements for the B-3 District.
The subject site and surrounding properties are zoned B-3 “General Business.”
Development on adjacent sites includes a mix of retail businesses and
restaurants.
The proposed restaurant business is a permitted use within the B-3 District.
STAFF COMMENTS:
1. Legal Description. The legal description provided on the site plans does not match
the description of the parcel on which the proposed building will be located. When Lot
5, Block 1, Derby Marketplace Third Addition was divided, the new description for the
subject site is “Lot 5 except the north 149 feet thereof, Block 1, Derby Marketplace
Third Addition, Derby, Sedgwick County, Kansas.” The legal description shall be
updated on the revised site plans.
2. Building Setbacks. The proposed building location exceeds the minimum building
setback requirements of the B-3 District.
3. Easements. Recorded easements appear to be identified accurately on sheet C-0.1
of the proposed plans. The proposed building addition and improvements do not
encroach upon existing easements.
4. Access. Complete access control is platted along Rock Rd. at this location; therefore,
no entrances to Rock Rd. are proposed. Access to the proposed site will be
accomplished by an entrance connecting to the private street to the south. An
entrance at the northeast corner of the site provides shared access to both the subject
site and the adjacent lot to the north. In addition to the entrance shown on this site
plan, cross-lot access between the subject lot and the adjacent lot to the north was
granted when Lot 5 was split into 2 buildable lots. The cross-lot access will benefit
both the proposed Chick-fil-A site as well as the adjacent business to the north.
5. Streets. The site is located on the east side of Rock Rd. Private streets extend east
from Rock Rd. into the Derby Marketplace development to provide access to the
subject 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 anticipated.
DERBY PLANNING COMMISSION MINUTES Page 11 of 26
6. Parking. Article 5 of the Zoning Ordinance requires 1parking space per each 3
occupants. 69 parking spaces are proposed which equates to a maximum occupant
load of 207. The applicant shall verify the occupant load of the building and that the
69 proposed parking spaces are sufficient to meet the minimum parking requirements.
All parking spaces are shown to be 9ft. by 19ft. which meets the minimum
requirements for parking space dimensions.
Restaurants with drive thru facilities are required to provide vehicle stacking spaces
for a minimum of 5 vehicles from the place where orders are placed. Two drive thru
lanes are proposed and the order boxes are located approximately 100 ft. east of the
accessible route, providing room for 10 or more vehicles to be queued in the drive
thru lanes.
7. Circulation Aisles. All two-way vehicular circulation aisles exceed the 24 ft. minimum
width requirement. One-way traffic is proposed around the perimeter of the building
with adjacent 60 degree angle parking. The one-way circulation aisles exceed the 17
ft. minimum width requirement for one-way traffic adjacent to 60 degree angle
parking.
The site plans show arrows indicating the direction of vehicular travel which will be
painted on the parking lot. The drive thru lanes are also shown to have painted
graphics identifying the lanes. City staff suggests moving the drive thru markings
further east where the drive thru lane begins, or providing the markings in both
locations since vehicles waiting in line to order will cover the markings closest to the
order boxes.
8. ADA. ADA Standards for Accessible Design requires accessible parking spaces
based on the total number of spaces provided for the facility. When 51-75 parking
spaces are provided, 3 accessible spaces are required. 3 accessible spaces are
provided which meets the requirement. All 3 accessible spaces are 9 ft. wide with
adjoining 9 ft. accessible aisles which meets the minimum requirement for providing
van accessible spaces. Details on Sheet C-4 illustrate that the spaces will be marked
“Van Accessible” as required.
The pedestrian connection from the building to the existing Hike & Bike Path along
Rock Rd. appears to be intended to meet the ADA standards for accessibility;
however, there are not sufficient spot elevations to determine if the connection
complies with the slope tolerances. 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.”
DERBY PLANNING COMMISSION MINUTES Page 12 of 26
9. Pedestrian Access. A new sidewalk is shown to connect the existing Hike & Bike
Path along Rock Rd. to the patio area on the west side of the building. A portion of
the pedestrian access crosses the parking lot and is delineated with pavement
striping. The pedestrian sidewalk connection shall not exceed the slope tolerances
required for ADA, as noted above.
10. Signage. Wall signs are shown on the building elevations and colored renderings. A
separate signage plan set with details was also submitted and all proposed signage is
compliant with the zoning regulations for the B-3 District. An overall signage plan was
approved and is on file for Derby Marketplace – A monument sign is proposed to be
located at the southwest corner of the lot along Rock Rd. The location and sign
design is consistent with the approved signage plan for the development.
The applicant is advised that all wall signs and monument signs require a separate
permit be obtained prior to installation.
“DO NOT ENTER” signs are proposed on either side of the drive thru exit north of the
building. A “ONE WAY” sign shall be provided at the northeast entrance by the trash
receptacles to identify the one way traffic aisle to vehicles entering the site.
11. Site Lighting. The lighting plan shows 7 free-standing light poles around the perimeter
of the site. The poles are proposed to be installed at a height of 27 feet. There are
overhead electric lines along the east side of Rock Rd. which may be near the
westernmost light pole proposed on site. The applicant is responsible for coordinating
with the utility company to ensure adequate clearance from electric lines is
maintained.
Multiple light pole locations appear to conflict with proposed locations for trees. As
trees reach maturity, the trees may begin to shade the lighting making it less effective.
The applicant shall consider light pole and tree locations and provide a summary of
any necessary changes with the revised site plans.
The photometric plan shows that some degree of ambient lighting will spill over onto
adjacent properties, which is acceptable considering that adjacent properties are also
commercial and already provide site lighting. The revised site plans shall include a
note stating that lighting is required to be screened or shielded to prevent intrusion of
light or glare onto adjoining streets.
12. Landscape/Screening and Buffering.
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 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:
DERBY PLANNING COMMISSION MINUTES Page 13 of 26
Total
Street Min. Yard 1 Tree per # of Trees
Street Name Square
Frontage Width 500 Sq. Ft. Required
Feet
Rock Rd. 168 ft. x 15 = 2,520 ÷ 500 = 5.04
Total Shade Trees Required 5
The landscape plan shows that 4 shade trees, 3 ornamental trees and additional
shrubs/flowers (not including required parking lot screening or parking lot island trees)
are provided in the front yard, meeting the requirement. Additionally, trees and
shrubs provided on other portions of the site exceed the minimum requirements and
contribute to site aesthetics.
Parking Lot Screening/Landscaping. A continuous row of shrubs is shown to be
provided along the edges of the parking lot to screen the parking from view of the
Rock Rd. right-of-way. When mature, the shrubs identified on the landscape plan
should be sufficient to provide a continuous visual screen to fulfill the requirement.
Shrubs are also proposed to screen parking spaces from the private streets to the
east and south of the site which is consistent with the continuous rows of shrubs
along the access roads.
Parking lots with 50 or more parking spaces are required to provide parking lot islands
which contain a minimum of one shade tree or two ornamental trees per 50 parking
spaces. 69 parking spaces are provided, thus a minimum of 2 shade trees is
required. The landscape plan shows two parking lot islands with 1 shade tree each,
meeting the requirement.
Equipment 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 screened trash enclosure is noted and
shown on the north side of the building. Details for height of the enclosure and
materials to be used are not provided. The trash enclosure shall be a minimum of 6
ft. in height and a maximum of 8 ft. in height and shall be constructed of materials
similar or complimentary to the principal structure. Gates for the enclosure should
match the style used on other lots within the Derby Marketplace development, or the
applicant may propose another gate type which is sufficient to screen the trash
receptacles. Details for the trash enclosure shall be provided on the revised site
plans.
There appears to be an electric transformer located at the east end of the building.
The landscape plan also appears to propose 34 Green Mountain Boxwood bushes
which would conflict with the location of the transformer. The applicant shall verify the
location of the transformer and show how screening will be provided on the revised
site plans.
DERBY PLANNING COMMISSION MINUTES Page 14 of 26
Miscellaneous Landscaping Notes
Minor modification to the landscape plan may be approved by the Zoning
Administrator. The following statement shall be added at the end of Note #10 on
Sheet L-1.0: “and approved by the City of Derby Zoning Administrator.”
Irrigation systems are required to be equipped with an automatic rain sensing device.
A statement of this requirement shall be included with Note #20 on Sheet L-1.0 and
incorporated into any other irrigation 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 landscaping plan calls for grass areas to be covered with hybrid Bermuda grass
sod – The applicant is advised to check private restrictive covenants to ensure that
the use of Bermuda grass is allowed within the development.
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 approved 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 diverted to an existing curb inlet near
the southwest corner of the property and to proposed curb inlets along the north and
south parking areas. The north and south inlets would be installed as part of this site
development and would connect to the existing stormwater sewer system serving the
Derby Marketplace Development. Stormwater conveyances within the Derby
Marketplace development are privately owned and maintained.
Minor surface drainage is proposed to exit the site at the drive entrances which is
acceptable.
14. Utilities.
Fire Protection. Derby Fire Department has reviewed and approved the plans as
submitted.
A Fire Department Connection (FDC) is required and shall be a 5-inch Storz
type with 30 degree downward angle mounted 30 inches to 36 inches above
finished grade. The FDC shall be at a location approved by Derby Fire
Department.
A proposed light pole location appears to be less than 10 ft. from a fire hydrant
on the east side of the site. The fire hydrant was installed along with the
waterline extension project. The applicant shall verify the location of the
existing fire hydrant and shall ensure that the light pole location does not
interfere with Fire Department access to the hydrant.
DERBY PLANNING COMMISSION MINUTES Page 15 of 26
Water. The public water main was recently extended south to serve the south half of
the approved lot split (Tract 5B). The applicant or their agent shall coordinate with
City of Derby Utilities to facilitate connection to the public waterline.
Sanitary Sewer. Similarly, the public sanitary sewer line was also recently extended
north to provide service to the north half of the lot split (Tract 5A).
Restaurant uses are required to install grease traps to prevent grease buildup and
blockages in the public sanitary sewer lines. A 1,000 gallon grease trap is identified
to be installed. The applicant or their agent shall coordinate with City of Derby Utilities
to verify the proposed grease trap is adequate and to facilitate connection to the
public sewer.
Note 8 on the demolition plan (Sheet C-1.1) states that an existing sanitary sewer
riser is to be removed. The revised plans shall state that the existing riser is to be
plugged.
Others. Gas, electric and telephone services are shown to extend from the existing
lines along the private street to the east of the site and will enter the building on the
east side of the building.
15. Design Standards. Elevations for the proposed building addition are shown and
proposed materials are identified. Colored renderings have also been provided.
All rooftop mechanical equipment is required to be screened using materials that are
compatible with the principal structure. The applicant shall identify the locations of
any rooftop mechanical equipment and explain how screening will be provided.
The design criteria of the zoning ordinance requires that building entrances/exits do
not allow customers to exit directly into a vehicular circulation aisle. One doorway on
the south side of the proposed building exits into the Drive Thru lane. Site plans
appear to show that a railing is provided to prevent direct access into the vehicular
lane; however, there is not a note and a railing does not appear in the building
elevations or renderings. A railing is required at this location. The applicant shall
verify that the line shown on the site plans is a railing and a note shall be added to
identify the railing on the revised site plans.
A detail for railings is provided on Sheet C-4.2 and is sufficient to fulfill the
requirement for a railing at the building exit.
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.
17. Miscellaneous. A detail for a bicycle rack is included on Sheet C-4.4; however, a
location for the bicycle rack is not identified on the site plans. The applicant shall
verify where the bicycle rack is to be located.
DERBY PLANNING COMMISSION MINUTES Page 16 of 26
All traffic control devices on site shall be in accordance with the current edition of the
Manual on Uniform Traffic Control Devices (MUTCD).
General Note #3 on the cover sheet references Ohio utilities protection service – This
note shall be updated for Kansas One Call.
General Note #17 on the cover sheet shall be updated to state “… contact City of
Derby Planning & Engineering Department.” The phone number for Derby Planning &
Engineering is 316-788-6632.
General Note#22 on the cover sheet shall be updated to state that a 24-inch minimum
vertical clearance is required between sanitary sewers and waterlines as required by
Kansas Department of Health and Environment (KDHE).
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
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 5 except the north 149 ft. thereof, Block 1, Derby
Marketplace Third Addition, subject to staff comments.
Attachment: Site Plans
Building Elevations
Colored Renderings
Cody Bird, City Planner - presented the staff report.
DISCUSSION:
Commissioner Hezlep – asked the height of the free-standing sign.
Bird – said it will be a 6 foot monument sign in accordance with the approved overall sign
plan for the Derby Marketplace development.
Hezlep – asked if there will be a safety hand rail located at the south exit.
Bird – said the staff report indicates the rail is a requirement and they have asked that the
applicant verify the location on the final plans.
Allan Wiley, GBC Design, Inc. – confirmed there will be a hand rail at the south exit.
DERBY PLANNING COMMISSION MINUTES Page 17 of 26
Commissioner Hicks – asked if the drive thru side of the building will have an entrance
and whether customers could cross the drive thru path.
Wiley – said there is not an entrance on the drive thru window side. The entrances are
located on the south and west side of the building.
Hicks – asked if the restaurant will have only one drive thru window for pick up and
payment.
Wiley – said yes.
Baer – asked if the pedestrian access to the site was in compliance with ADA standards.
Wiley – said yes, the slope will not exceed 5%, as required by ADA. Some changes may
be needed where the sidewalk connects with the existing Rock Road sidewalk to
maintain ADA requirements.
Commissioner Hansen – stated his concern having two drive thru lanes with only one
delivery window.
Wiley – said Chick-fil-A’s drive thru traffic is 60% of their business and they are adept at
servicing customers as quickly as possible. He also stated that the kitchen has been
designed to be larger in order to accommodate the heavy drive thru traffic.
Commissioner Poteete – asked if the southwest downspouts will drain into the
stormwater connection.
Wiley – answered yes, the downspouts will be piped into the City’s stormwater sewer and
will not splash onto the sidewalk area.
Poteete – asked if there will be stop sign graphics and stop signs for exiting traffic.
Wlley – said there will be both graphics and signs.
Poteete – asked for clarification regarding the large concrete area on the west side of the
building.
Wiley – said it is an outdoor the patio area.
Poteete – asked about the trash enclosure.
Wiley –said the enclosure will be split-faced block that matches the building.
Commissioner Gould – asked how staff will ensure that roof top mechanical screening is
in compliance with design standards.
Bird – said that it is a topic to be addressed during this site plan review. He asked the
applicant for clarification on the screening.
Wiley – said the roof top mechanical equipment will be screened by a parapet wall, which
is standard for Chick-fil-A.
Bird – asked the height of the parapet wall.
Wiley – said he thought the height will be 5 feet.
Commissioner Baer – confirmed that the site plans indicate the height of the parapet wall
is shown to be 5 feet.
MOTION: Hicks
SECOND: Poteete
VOTE: 7-0
DERBY PLANNING COMMISSION MINUTES Page 18 of 26
AGENDA ITEM NO: 4
DESCRIPTION: Site Plan Review – Lots 1, 2 and 3, Block 8,
Pleasantview Addition
GENERAL LOCATION: Southeast corner of Buckner St. and Crestway Ave.
APPLICANT: Charlie Hubbard
AGENT: Sandy Roberts
REASON FOR REQUEST: Re-develop lots in the Buckner Business District to
create new business and office spaces
BACKGROUND INFORMATION:
A request for site plan review has been submitted for a site located at the
southeast corner of Buckner St. and Crestway Ave.
The site is described as Lots 1, 2 and 3, Block 8, Pleasantview Addition.
The existing platted lot configuration will not change as a result of this
development; however, all 3 lots will be considered as one zoning lot under a
single ownership.
o Each of the 3 lots comprising the site is approximately 8,200 sq. ft. which
exceeds the minimum lot size requirement for the B2-A Buckner Business
District zoning (Minimum lot size 7,500 sq. ft.). The combined lots create a
0.56 acre site.
Adjacent properties to the west and south are zoned B-4 “Central Shopping
District” and properties to the east are zoned R-1 “Single-Family Residential.”
Development on adjacent sites includes a mix of businesses west of Buckner St.
and single-family residences to the north, east and south.
Lots 1 and 3 of the site have recently been remodeled to convert the previously
existing residences to business and professional offices. The remodels for Lots 1
and 3 did not require site plan review because they were not new development
and the remodel cost did not exceed 50% of the county appraised value.
Lot 2 was previously occupied by a residence, which has recently been
demolished in order to provide a shared parking lot to serve all 3 lots within the
development. The applicant is proposing to construct a third building to
accommodate 2 attached business and professional offices.
Site plan review is required for this request because the business offices are a
new development and because the addition of the third building affects the overall
design relationship of the site.
Business and professional offices are permitted uses within the B-2A Buckner
Business District.
DERBY PLANNING COMMISSION MINUTES Page 19 of 26
STAFF COMMENTS:
1. Legal Description. The legal description of the subject site is Lots 1, 2 and 3, Block 8,
Pleasantview Addition, Derby, Sedgwick County, Kansas. The legal description is
accurately shown on the site plan drawing.
2. Bulk Regulations. The B-2A District requires minimum front and rear yard building
setbacks of 25 ft. The proposed new building meets the required front and rear yard
building setbacks.
The required minimum side yard setback is 5 ft. Since the site is a single zoning lot,
the 5 ft. side yard setback only applies to the south property line. The proposed new
building location exceeds the minimum side yard building setback; however, all new
buildings are required to comply with applicable building and fire code requirements.
A 10 ft. building separation from existing structures is required, and has been
provided. Firewalls shall be provided in accordance with applicable building and fire
codes.
The maximum lot coverage for the B-2A district is 40% of the total lot area. Existing
buildings and the new proposed building total 4,160 sq. ft. The combined lot size is
24,102 sq. ft., thus, the lot coverage is 17%.
The maximum impervious surface permitted on the site is 75% (18,077 sq.ft.). The
applicant or their agent shall update the lot coverage and impervious area calculations
shown on Sheet A1 and shall verify that the amount of impervious area does not
exceed 18,077 sq. ft.
3. Easements. There is a 20 ft. utility easement centered on the rear lot line of the
subject lots. This easement is accurately identified on the site plans and the
proposed building does not encroach upon the easement.
The applicant is proposing to construct a one-way vehicular driveway along the rear of
the new building partially within the easement. Paving is allowed to be within
easements; however, the applicant is advised that paving within an easement is at the
risk of the property owner. Should utilities within the easement require maintenance
which damages the paving, the cost of repairing the paving is the responsibility of the
property owner.
4. Streets. The site is located at the corner of Buckner St. and Crestway Ave. The
existing street system adequately serves the site and is sufficient to accommodate the
development. No improvements to the streets are necessary.
5. Access. This site has access primarily to both Buckner St. and Crestway Ave. There
are 3 existing driveways connecting to Buckner St. as well as 2 existing driveway
connections to Crestway Ave. All existing driveways are proposed to remain.
A new one way drive is proposed to be constructed across the rear of the
development site in order to provide convenient egress to Crestway Ave. The drive is
sufficient width to accommodate one-way vehicular traffic; however, it will not be
DERBY PLANNING COMMISSION MINUTES Page 20 of 26
allowed to have two-way vehicular traffic. The site plan shows “ONE WAY” markings
on the access drive which are required to be painted on the pavement. Additionally,
the developer shall install a “DO NOT ENTER” sign at the north end of the drive
where it joins the existing paving north of Building “C.”
6. Parking. Parking for commercial uses on two or more platted lots in the B-2A District
are required to comply with Section 501.C. of the Zoning Ordinance. Section 501.C.
requires 1 parking space per each 300 sq. ft. of floor area for business and
professional offices. The combined sq. ft. (not including the storage garage) is 3,380
sq. ft. Thus, the minimum parking requirement for the site is 12 parking spaces
(3,380 ÷ 300 = 11.3 = 12 parking spaces). There are currently 15 parking spaces
available and 3 more are proposed, which exceeds the minimum requirement.
The existing parking spaces are 8.5 ft. x 19 ft. which meets the minimum required
dimensions for parking spaces. The 3 new parking spaces proposed are shown to be
8.5 ft. in width, but it does not appear that perimeter curbing was accounted for in that
measurement. The site plan shall be adjusted to show a 6-inch perimeter curb
around the new parking spaces. The new parking spaces are also required to be a
minimum length of 19 ft. The applicant or their agent shall verify that the minimum
length is met and shall provide a dimension label on the revised site plans.
All new parking areas and driveways providing access thereto are required to be
contained by a 6-inch perimeter curb. As stated above, the new parking area shall be
provided with a 6-inch perimeter curb. The east edge of the proposed access drive
appears to be shown with a curb; however, the west edge does not. 6-inch perimeter
curbing is required on both sides of the proposed drive.
All parking spaces shall be designated using permanent pavement markings.
7. ADA. ADA Standards for Accessible Design require accessible parking spaces based
on the total number of spaces provided for the facility. When 1-25 parking spaces are
provided, 1 accessible space is required. 2 accessible spaces are available 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.”
The site plan does not provide sufficient spot elevations to determine if the sidewalks
to the new proposed building are compliant with the ADA slope tolerances. The
applicant shall ensure that the sidewalks providing a connection from the accessible
parking spaces to the proposed building are compliant with ADA standards.
The applicant or their designated agent shall ensure that all accessible parking
spaces and accessible paths 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.
8. Pedestrian Access. There is an existing public sidewalk along the east side of
Buckner St. adjacent to this site. There is not a direct sidewalk link connecting the
site to the existing sidewalk. At the Planning Commission’s discretion, the
DERBY PLANNING COMMISSION MINUTES Page 21 of 26
Commission may choose to waive the requirement to provide a sidewalk connection
to the public sidewalk if the Commission determines that the requirement is
impractical. City staff recommends that the Commission consider waiving the
requirement for a pedestrian connection due to the proximity of all of the buildings
within the development to the existing sidewalk. The sidewalk can be accessed
through the short driveways.
9. Signage. Signage is not identified on the site plans. The applicant is advised that all
signs require a separate permit be obtained prior to installation.
10. Site Lighting. Lighting details are not provided with the site plans. The applicant shall
identify where, if any, exterior lighting is proposed. Any exterior lighting is required to
be screened or shielded to prevent intrusion of light or glare onto adjoining properties
or streets.
11. 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 of 250 ft. or less shall provide a minimum of
a 10 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
Buckner St. 180 ft. x 10 = 1,800 ÷ 500 = 3.6
Crestway Ave. 134 ft. X 10 = 1,340 ÷ 500 = 2.7
Total Shade Trees Required 7
There are 2 large mature trees along Crestway Ave. The site plans show that 4 trees
will be provided along Buckner St., in addition to 2 more trees at the edge of the
parking lot area in front of the new building. The total number of trees to be located
on the site will be 8. City staff recommends that the 2 trees proposed to be located by
the parking area be counted towards the landscaped street yard requirement due to
the small lot size. City staff recommends that the proposed trees are sufficient to
meet the street tree requirement.
The applicant or their agent shall identify the species of trees to be planted and labels
shall be provided on the revised site plans.
Screening along Rear and Side Lot Lines. Commercial properties in the B-2A district
are required to provide solid visual screening along rear and side lot lines. Screening
is required to be installed as a 6-ft. fence along rear and side lot lines.
DERBY PLANNING COMMISSION MINUTES Page 22 of 26
Parking Lot Screening/Landscaping. A continuous row of shrubs is shown to be
provided along the existing parking lot. Although the parking lot has been completed,
the shrubs have not yet been installed. The applicant or their agent shall identify the
species of the shrubs to be planted and shall provide identification on the revised site
plans.
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.
The existing businesses currently utilize roll-off residential trash carts. This practice is
acceptable to the City; provided that, the business owners/operators store the trash
carts in accordance with applicable Derby code requirements. The applicant has
identified the location of a future trash enclosure should the need arise. Solid visual
screening around the trash enclosure will be required at the time the enclosure is
constructed.
Mechanical equipment is also required to be screened from ground level view. The
applicant or their agent shall identify locations of any rooftop or ground-mounted
mechanical equipment on the revised site plans. Adequate screening to reasonably
hide the equipment from ground level view is required.
Miscellaneous Landscaping Notes
The yard area between the proposed access driveway and the required screening
fence appears to be approximately 5 ft. in width. Spot elevations on the site plan
indicates that slope from the access drive to the existing elevation is approximately
2:1. Such a steep slope in a narrow space could prove to be difficult to provide
ongoing maintenance. City staff advises the applicant to consider landscaping
options which would not require a great amount of maintenance. Staff suggests
covering the space with landscaping rock or mulch and planting decorative shrubs
along the strip. An attractive strip can be created which requires little or no ongoing
maintenance.
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.
12. Drainage. Drainage from the site appears to be collected using the parking lot and
driveway curbs and discharging drainage onto Buckner St. and Crestway Ave. The
surface drainage from the proposed development is not expected to be significant and
can be accommodated in the existing street system.
Spot elevations on the plan indicate that the 3 new parking spaces and a portion of
the new access drive may be draining to the middle of the site or towards structures.
The applicant is advised to grade the 3 new parking spaces and the access drive to
DERBY PLANNING COMMISSION MINUTES Page 23 of 26
divert surface flow to the curb of the access drive and then east to Crestway Ave.
The applicant or their agent shall provide updated spot elevations on the revised site
plans.
13. Utilities. All public utilities and services are currently available at this site. No
improvements to the public infrastructure are required as a result of the proposed
development. The applicant shall coordinate with City of Derby Utilities to coordinate
connection to water and sewer service.
14. Design Standards. Elevations for the proposed building addition are shown on Sheet
A3. The building design and materials appear to match the existing buildings on site
and is intended to maintain the general single-story residential character of the
neighborhood.
15. 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 buildings.
16. Miscellaneous. Hours of operation for all uses within the B-2A District, except for
single-family dwellings, are limited to 6am – 10pm daily. The applicant shall advise
potential buyers/lessees of the hours of operation requirement for this zoning district.
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
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 Lots 1, 2 and 3, Block 8, Pleasantview Addition subject to staff
comments and discussion.
Attachment: Site Plan
Building Elevations
Cody Bird, City Planner - presented the staff report. He indicated that the applicant was
unable to attend the meeting, but that he had indicated his willingness to work with City
staff to meet the necessary requirements.
DERBY PLANNING COMMISSION MINUTES Page 24 of 26
DISCUSSION:
Commissioner Hezlep – asked the purpose of a one way drive since there will be
adequate parking spaces provided.
Bird – said it is intended to provide more convenient access and would allow some traffic
to access Crestway Ave. instead of directly back to Buckner St.
Commissioner Wills – asked if the parking lot will have access to the one way drive.
Bird – said the middle parking lot area is shown to only have access to Buckner St.
There are 3 parking spaces located east of the southern building and the drive will
provide access to those parking spaces.
Commissioner Baer – asked if the site exceeded the maximum impervious area.
Bird – said staff had not received verification, but has asked the applicant to verify the lot
coverage. If it exceeds the impervious area permitted, staff will recommend removing the
drive or one of the 3 parking spaces.
Hezlep – asked if there will be a pedestrian sidewalk connecting the 3 parking spaces to
the middle parking lot.
Bird – said there is not a current pedestrian access point shown. It is the Planning
Commission’s discretion to require a sidewalk. There is an existing sidewalk located on
the west side along Buckner Street. Staff felt the parking lot would be sufficient for
pedestrian traffic.
Baer – stated his concern with having a drive located along the rear lot line of the
residential area. He asked if the owner had considered converting the 3 proposed
parking stalls to a drive in order to connect the middle parking lot to the one way drive.
Bird – stated that was a valid suggestion and the Planning Commission could approve
the site plan review subject to either option.
Commissioner Gould – pointed out that the east elevation shows 3 doors which may
provide the building occupants access to the proposed one way driveway.
Baer – suggested the concrete’s proximity to the east rear lot line be mitigated to improve
screening.
Bird – asked if the concern is whether the paving on the east property line should be
allowed.
Baer – asked if the B-2A zoning permitted the driveway to be placed in that location.
Bird – said there was not a restriction and that it would be up to the Planning Commission
to determine if it is acceptable. He elaborated to say that the business hours of the B-2A
Buckner Business District are limited to 6:00am to 10:00pm and that the types of
businesses permitted in the district would not be expected to produce a high volume of
traffic.
Commissioner Hicks – asked if the drive is wide enough for moving vehicles to bypass
vehicles stopped in the driveway and whether signs are required to discourage drivers
from stopping.
Bird – said the drive is not wide enough for vehicles to pass. He said staff could ask the
applicant how the applicant plans to handle multiple vehicles in the drive. He also said
that staff is hesitant to require a “no-stopping” sign since the businesses would be
responsible for timing deliveries so that they do not interfere with customer use of the
drive.
Commissioner Poteete – asked the purpose of the stairs detailed on the site plan.
Bird – said he was not aware of the purpose and could check the building plans.
Baer – asked if there will be a curb along the east side to force stormwater to exit out the
drive.
DERBY PLANNING COMMISSION MINUTES Page 25 of 26
Agenda
CITY OF DERBY
________________________________________________________________
MEETING OF THE PLANNING COMMISSION
REGULAR MEETING
June 19, 2014
6:30 PM
________________________________________________________________
CALL MEETING TO ORDER
ROLL CALL
CONSIDERATION OF MINUTES: Planning Commission Meeting of June 5,
2014.
PUBLIC FORUM
AGENDA ITEMS
1. Final Plat – The Oaks Commercial 2nd
General location: SW corner of Tall Tree Rd. and Rock Rd.
2. Final Plat – Replat of Anderson Farm Commercial 3rd Addition
General location: NW corner of Rock Rd. and Patriot Ave.
3. Site Plan Review – Chick-fil-A
General location: East of Rock Rd., 1/4 mile north of Meadowlark Blvd.
4. Site Plan Review – 950 N Buckner Ave.
General location: Southeast corner of Buckner Ave. and Crestway St.
ANNOUNCEMENTS
ADJOURN
NEXT CITY COUNCIL MEETING REPRESENTATIVES:
June 24 Kathy Wills
July 8 Gunter Hansen
July 22 Jack Hezlep
August 12 Larry Gould
August 26 Shawn Riley
DATE: June 10, 2014
TO: PLANNING COMMISSION
FROM: CITY STAFF
MEETING DATE: June 19, 2014
AGENDA ITEM NO: 1
DESCRIPTION: Final 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:
The applicant has requested 6.5 acres of land located at the southwest
corner of Tall Tree Rd. and Rock Rd. to be replatted 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 zoning of the property was recently changed to B-3 “General
Business” in order to allow a greater range of commercial uses.
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.
A preliminary plat for this property was considered by the Planning
Commission at the May 15, 2014 meeting. The Commission voted to
approve the preliminary plat subject to comments contained in the staff
report. The applicant has since addressed the comments and submitted
the final plat for consideration.
pg. 1
STAFF COMMENTS:
1. Plat Name – “The Oaks Commercial 2nd Addition” is acceptable and does not
duplicate the name of any existing plat.
2. Legal Description – The plat is a replat of “All of Lot 1, Block D, The Oaks, an
Addition to Derby, Sedgwick County, Kansas.” Upon final approval of the
plat, the new legal description will be Lots 1-4, Block A, The Oaks
Commercial 2nd, an Addition to Derby, Sedgwick County, Kansas as shown
in the certificates on the face of the plat.
3. Lots – The plat proposes to divide the existing single lot into 4 smaller lots. All
lots are of sufficient size and width to meet the minimum requirements of the
B-3 district.
4. Blocks – One block, Block A, is proposed and is appropriately labeled on the
plat.
5. Streets and Access – The site is adjacent to Rock Rd. and Tall Tree Rd.
Complete access control is platted along Rock Rd. except for one opening,
465 ft. south of the Tall Tree Rd. intersection. Complete access control is
also platted for the first 100 feet west of Rock Rd. on Tall Tree Rd.
A 35 ft. joint access easement is proposed to extend through the
development from Tall Tree Rd. to Rock Rd. The access easement will
provide adequate access to all lots within the development. A 31 ft. street
built to City standards will be provided within the access easement. The draft
access easement submitted for City staff review provides language to ensure
that the street will be marked for “No Parking” on both sides of the street.
Staff has reviewed the access agreement and provided comments to the
applicant. The applicant or their agent is responsible for recording the access
easement in conjunction with the final plat.
“No Parking” signs along the access easement 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.
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.
7. Easements – Locations of existing platted easements are shown on the
proposed preliminary plat.
pg. 2
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 along the rear property line.
A new 30 ft. storm sewer and utility easement is proposed to accommodate a
public sanitary sewer extension to serve the lots within the development as
well as 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.
No additional easements were requested by utility providers.
8. Reserves – No reserves are proposed for this plat.
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 applicant was asked to verify that
subsequent changes to development plans within The Oaks Additions
adequately address drainage. The agent for the applicant has conducted a
new basin study and determined that the original drainage plan has been
modified in several ways, which includes the addition of a new detention
basin just south of the Westar Energy substation. The new detention basin
provides significant capacity that was not previously available, and thus, the
new study indicates that the peak outflow of the basin has been reduced
below that which was originally designed.
The detention basin south of the electric substation was originally constructed
for a different purpose. Because the basin is now proposed to provide
required detention, a drainage easement is required. The owner of the land
proposed to be platted as The Oaks Commercial 2 nd Addition also owns the
land on which the detention basin is located. Dedication of a public drainage
easement for the detention basin shall be a condition of approval for the
proposed plat of The Oaks Commercial 2nd Addition.
Minimum building pad information for the lots is appropriately shown on the
face of the plat.
A note on the drainage plan states that the internal stormwater sewer pipe will
be sized and final location approved during the site plan process. Since the
storm sewer will be serving multiple lots within the development, and will be
constructed before or in conjunction with the private street, sizing the pipe
during site plan review is not feasible. The applicant or their agent shall verify
the pipe sizes necessary to serve the development and shall submit an
updated drainage plan for review and approval by the City.
pg. 3
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
necessary. A private street contained within an access easement is
proposed to provide access to lots from both Tall Tree Rd. and Rock Rd.
Sanitary Sewers – An existing 12-inch sanitary sewer 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 sewer. 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 waterline 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. A re-spread agreement has been
submitted showing how the existing special assessments will be redistributed.
The applicant has indicated that other necessary public improvements will be
financed privately. In accordance with City policy, the applicant has provided
a financial guarantee for the required improvements in the form of petitions.
pg. 4
Final signed petitions are required prior to final plat consideration by the City
Council.
12. Plat Binder – A plat binder was submitted along with the final plat and all
property interests and encumbrances appear to be identified on the plat.
13. Developer’s Agreement – A draft developer’s agreement was submitted for
review by City staff. Staff has identified minor revisions to the agreement and
will coordinate with the applicant to address staff’s comments. Following
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.
RECOMMENDATION:
Approve the final plat of The Oaks Commercial 2nd Addition to Derby, Sedgwick
County, Kansas subject to staff comments and authorize the applicant to proceed
with preparation of the final plat tracing.
Attachments: Final Plat
pg. 5
DATE: June 11, 2014
TO: PLANNING COMMISSION
FROM: CITY STAFF
MEETING DATE: June 19, 2014
AGENDA ITEM NO: 2
DESCRIPTION: Final 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 northwest corner of Patriot Ave. and 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 5.5 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.
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.
A preliminary plat for this property was considered by the Planning
Commission at the May 15, 2014 meeting. The Commission voted to
approve the preliminary plat subject to comments contained in the staff
report. The applicant has since addressed the comments and submitted
the final plat for consideration.
pg. 1
STAFF COMMENTS:
1. Plat Name – “Anderson Farm Commercial 3rd Addition” is acceptable and
does not duplicate the name of any existing plat.
2. Legal Description – The plat is a replat of portions of Anderson Farm
Commercial Addition and Anderson Farm Commercial 2 nd Addition. Upon
approval of the final plat, the new legal description will be Lots 1-9, Block A,
Anderson Farm Commercial 3rd Addition together with Reserve “A” of said
Anderson Farm Commercial 3rd Addition, Derby, Sedgwick County, Kansas
which is reflected in the certificates on the face of the plat.
3. Lots – There are 9 lots proposed for this development. All lots within the
proposed development exceed the minimum lot size and lot width
requirements of the B-3 Zoning District (15,000 sq. ft.).
4. Blocks – One block is proposed and is appropriately labeled as Block “A” on
the plat.
5. Setbacks – Front yard building setback lines are shown to be 35 ft. along
Rock Rd. and along Patriot Ave., meeting the minimum requirement. The
applicant or their agent is asked to adjust the building setback label along
Rock Rd. to minimize confusion with the 35 ft. utility easement. The two may
also be combined into a single label to read as “35 ft. Building Setback and
Utility Easement.”
6. 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. Easements as shown on the face of the plat are
sufficient to accommodate existing and proposed public utilities. 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.
Stormwater Sewer & Utility Easements are provided and measure to be 30 ft.
as required; however, 2 labels show the width to be 20 ft. – These labels
need to be corrected to adequately show the 30 ft. easement.
A 5 ft. wall easement is provided along property lines abutting adjacent
institutional and residential zoning districts in order to accommodate a
screening wall to be constructed in accordance with the Subdivision
Regulations. The wall easement is not required along Reserve “A” because
the width of the reserve provides sufficient buffering from adjacent properties.
The staff report for the preliminary plat requested the applicant provide
additional easements to extend utility service to all lots within the
pg. 2
development in coordination with an updated utility plan. City staff and the
applicant have verified that all lots within the development have adequate
access to existing public utilities. Should additional easements be needed to
extend utilities in the future, easements may be dedicated at the time of site
plan review.
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 the time of this report, plans are being finalized
for reconstruction of Rock Rd. which will include construction of continuous
right-hand turn lanes on both sides of the street and a center left-turn lane.
No improvements to Patriot Ave. are expected to be necessary.
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 current 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 openings east of Rock Rd. in the USD 260 Middle School Addition.
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.
At the time of this writing, the City Attorney is reviewing the draft copy of the
access easement dedication. City staff will coordinate any recommended
changes to the easement dedication with the applicant. A signed final
dedication shall be recorded in conjunction with the final plat.
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. No changes are proposed to Reserve “A.”
9. Drainage – Drainage for the subject area was originally addressed in the
drainage plan for Anderson Farm Commercial Addition. A drainage concept
plan submitted for the proposed replat is consistent with the original drainage
plan. Stormwater will be collected and piped west to Reserve “A” where a
detention pond will be constructed. Sufficient easements to contain the public
pg. 3
stormwater sewer are provided. The original drainage plan and the
subsequent concept plan are acceptable to the City. The applicant or their
agent shall provide a letter indicating that the existing drainage plan remains
sufficient to address the new plat and related development.
10. Public Improvements – Water and sanitary sewer lines are in place along
Rock Rd. to provide necessary service to all lots within the development.
Extending water service from the 24-inch line in Rock Rd. 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. There are no internal water or
sanitary sewer lines proposed. Should additional fire hydrants be required as
part of site plan review for any of the lots within the development, additional
easements may be dedicated at that time.
11. Guarantee for Installation of Public Improvements – Public improvements are
required to be guaranteed by the developer. At this location, some public
improvements have already been constructed. Others 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.
The applicant or their agent shall provide a list of all public improvements
serving the development. The list shall include a summary of existing
resolutions, and shall identify which resolutions have already been spread as
special assessments, which resolutions are in need of amendment to reflect
the new benefit district, and which resolutions are to be repealed and
replaced. The applicant or their agent shall provide new petitions as
necessary and shall also provide revised language necessary for amending
existing resolutions.
A re-spread agreement for an existing special assessment for sanitary sewer
was submitted. An additional sanitary sewer extension was recently
completed along Rock Rd., but the assessment may not yet appear on the
County’s tax information. The applicant or their agent shall verify that all
special assessments are appropriately addressed in the re-spread
agreement. A final signed re-spread agreement shall be submitted prior to
consideration by the City Council.
12. Plat Binder – A plat binder was submitted along with the final plat and all
property interests and encumbrances appear to be identified on the plat.
13. Developer’s Agreement – At the time of this writing, the City Attorney is
reviewing the draft Developer’s Agreement submitted. Any necessary
changes will be coordinated with the applicant. A final signed developer’s
agreement meeting the approval of the City will be required before final plat
consideration by the City Council.
pg. 4
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.
RECOMMENDATION:
Approve the final 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 tracing.
Attachments: Final Plat
pg. 5
DATE: June 12, 2014
TO: PLANNING COMMISSION
FROM: CITY STAFF
MEETING DATE: June 19, 2014
AGENDA ITEM NO: 3
DESCRIPTION: Site Plan Review – Lot 5 except the north 149 ft. thereof,
Block 1, Derby Marketplace 3rd Addition
GENERAL LOCATION: East of Rock Rd., 1/4 mile north of Meadowlark Blvd.
APPLICANT: Chick-fil-A, Inc. – Jason Hill
AGENT: GBC Design, Inc. – Gary Rouse
REASON FOR REQUEST: Develop lot to allow new restaurant facility
BACKGROUND INFORMATION:
A request for site plan review has been submitted for a site located in the Derby
Marketplace 3rd Addition on the east side of Rock Rd., approximately 1/4 mile
north of Meadowlark Blvd.
The subject site is described as Lot 5 except the north 149 ft. thereof, Block 1,
Derby Marketplace Third Addition.
o A lot split to divide Lot 5 into two tracts: Tract 5A (north) and Tract 5B
(south), was approved in accordance with the Subdivision Regulations.
o The lot split provides cross-lot access easements through the proposed
parking area on the west side of both Tracts 5A and 5B.
The site is approximately 1.57 acres, which exceeds the minimum lot size
requirements for the B-3 District.
The subject site and surrounding properties are zoned B-3 “General Business.”
Development on adjacent sites includes a mix of retail businesses and
restaurants.
The proposed restaurant business is a permitted use within the B-3 District.
STAFF COMMENTS:
1. Legal Description. The legal description provided on the site plans does not match
the description of the parcel on which the proposed building will be located. When
Lot 5, Block 1, Derby Marketplace Third Addition was divided, the new description
for the subject site is “Lot 5 except the north 149 feet thereof, Block 1, Derby
Marketplace Third Addition, Derby, Sedgwick County, Kansas.” The legal
description shall be updated on the revised site plans.
Page 1 of 8
2. Building Setbacks. The proposed building location exceeds the minimum building
setback requirements of the B-3 District.
3. Easements. Recorded easements appear to be identified accurately on sheet C-0.1
of the proposed plans. The proposed building addition and improvements do not
encroach upon existing easements.
4. Access. Complete access control is platted along Rock Rd. at this location;
therefore, no entrances to Rock Rd. are proposed. Access to the proposed site will
be accomplished by an entrance connecting to the private street to the south. An
entrance at the northeast corner of the site provides shared access to both the
subject site and the adjacent lot to the north. In addition to the entrance shown on
this site plan, cross-lot access between the subject lot and the adjacent lot to the
north was granted when Lot 5 was split into 2 buildable lots. The cross-lot access
will benefit both the proposed Chick-fil-A site as well as the adjacent business to the
north.
5. Streets. The site is located on the east side of Rock Rd. Private streets extend east
from Rock Rd. into the Derby Marketplace development to provide access to the
subject 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 anticipated.
6. Parking. Article 5 of the Zoning Ordinance requires 1parking space per each 3
occupants. 69 parking spaces are proposed which equates to a maximum occupant
load of 207. The applicant shall verify the occupant load of the building and that the
69 proposed parking spaces are sufficient to meet the minimum parking
requirements.
All parking spaces are shown to be 9ft. by 19ft. which meets the minimum
requirements for parking space dimensions.
Restaurants with drive thru facilities are required to provide vehicle stacking spaces
for a minimum of 5 vehicles from the place where orders are placed. Two drive thru
lanes are proposed and the order boxes are located approximately 100 ft. east of the
accessible route, providing room for 10 or more vehicles to be queued in the drive
thru lanes.
7. Circulation Aisles. All two-way vehicular circulation aisles exceed the 24 ft. minimum
width requirement. One-way traffic is proposed around the perimeter of the building
with adjacent 60 degree angle parking. The one-way circulation aisles exceed the
17 ft. minimum width requirement for one-way traffic adjacent to 60 degree angle
parking.
The site plans show arrows indicating the direction of vehicular travel which will be
painted on the parking lot. The drive thru lanes are also shown to have painted
graphics identifying the lanes. City staff suggests moving the drive thru markings
Page 2 of 8
further east where the drive thru lane begins, or providing the markings in both
locations since vehicles waiting in line to order will cover the markings closest to the
order boxes.
8. ADA. ADA Standards for Accessible Design requires accessible parking spaces
based on the total number of spaces provided for the facility. When 51-75 parking
spaces are provided, 3 accessible spaces are required. 3 accessible spaces are
provided which meets the requirement. All 3 accessible spaces are 9 ft. wide with
adjoining 9 ft. accessible aisles which meets the minimum requirement for providing
van accessible spaces. Details on Sheet C-4 illustrate that the spaces will be
marked “Van Accessible” as required.
The pedestrian connection from the building to the existing Hike & Bike Path along
Rock Rd. appears to be intended to meet the ADA standards for accessibility;
however, there are not sufficient spot elevations to determine if the connection
complies with the slope tolerances. 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 sidewalk is shown to connect the existing Hike & Bike
Path along Rock Rd. to the patio area on the west side of the building. A portion of
the pedestrian access crosses the parking lot and is delineated with pavement
striping. The pedestrian sidewalk connection shall not exceed the slope tolerances
required for ADA, as noted above.
10. Signage. Wall signs are shown on the building elevations and colored renderings.
A separate signage plan set with details was also submitted and all proposed
signage is compliant with the zoning regulations for the B-3 District. An overall
signage plan was approved and is on file for Derby Marketplace – A monument sign
is proposed to be located at the southwest corner of the lot along Rock Rd. The
location and sign design is consistent with the approved signage plan for the
development.
The applicant is advised that all wall signs and monument signs require a separate
permit be obtained prior to installation.
“DO NOT ENTER” signs are proposed on either side of the drive thru exit north of
the building. A “ONE WAY” sign shall be provided at the northeast entrance by the
trash receptacles to identify the one way traffic aisle to vehicles entering the site.
Page 3 of 8
11. Site Lighting. The lighting plan shows 7 free-standing light poles around the
perimeter of the site. The poles are proposed to be installed at a height of 27 feet.
There are overhead electric lines along the east side of Rock Rd. which may be near
the westernmost light pole proposed on site. The applicant is responsible for
coordinating with the utility company to ensure adequate clearance from electric
lines is maintained.
Multiple light pole locations appear to conflict with proposed locations for trees. As
trees reach maturity, the trees may begin to shade the lighting making it less
effective. The applicant shall consider light pole and tree locations and provide a
summary of any necessary changes with the revised site plans.
The photometric plan shows that some degree of ambient lighting will spill over onto
adjacent properties, which is acceptable considering that adjacent properties are
also commercial and already provide site lighting. The revised site plans shall
include a note stating that lighting is required to be screened or shielded to prevent
intrusion of light or glare onto adjoining streets.
12. Landscape/Screening and Buffering.
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
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
Rock Rd. 168 ft. x 15 = 2,520 ÷ 500 = 5.04
Total Shade Trees Required 5
The landscape plan shows that 4 shade trees, 3 ornamental trees and additional
shrubs/flowers (not including required parking lot screening or parking lot island
trees) are provided in the front yard, meeting the requirement. Additionally, trees
and shrubs provided on other portions of the site exceed the minimum requirements
and contribute to site aesthetics.
Parking Lot Screening/Landscaping. A continuous row of shrubs is shown to be
provided along the edges of the parking lot to screen the parking from view of the
Page 4 of 8
Rock Rd. right-of-way. When mature, the shrubs identified on the landscape plan
should be sufficient to provide a continuous visual screen to fulfill the requirement.
Shrubs are also proposed to screen parking spaces from the private streets to the
east and south of the site which is consistent with the continuous rows of shrubs
along the access roads.
Parking lots with 50 or more parking spaces are required to provide parking lot
islands which contain a minimum of one shade tree or two ornamental trees per 50
parking spaces. 69 parking spaces are provided, thus a minimum of 2 shade trees
is required. The landscape plan shows two parking lot islands with 1 shade tree
each, meeting the requirement.
Equipment 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 screened trash enclosure is noted and
shown on the north side of the building. Details for height of the enclosure and
materials to be used are not provided. The trash enclosure shall be a minimum of 6
ft. in height and a maximum of 8 ft. in height and shall be constructed of materials
similar or complimentary to the principal structure. Gates for the enclosure should
match the style used on other lots within the Derby Marketplace development, or the
applicant may propose another gate type which is sufficient to screen the trash
receptacles. Details for the trash enclosure shall be provided on the revised site
plans.
There appears to be an electric transformer located at the east end of the building.
The landscape plan also appears to propose 34 Green Mountain Boxwood bushes
which would conflict with the location of the transformer. The applicant shall verify
the location of the transformer and show how screening will be provided on the
revised site plans.
Miscellaneous Landscaping Notes
Minor modification to the landscape plan may be approved by the Zoning
Administrator. The following statement shall be added at the end of Note #10 on
Sheet L-1.0: “and approved by the City of Derby Zoning Administrator.”
Irrigation systems are required to be equipped with an automatic rain sensing
device. A statement of this requirement shall be included with Note #20 on Sheet
L-1.0 and incorporated into any other irrigation plans.
The applicant should verify that the installation of landscaping near entrances,
vehicle circulation aisles and public traffic ways does not create vision concerns.
Page 5 of 8
The landscaping plan calls for grass areas to be covered with hybrid Bermuda grass
sod – The applicant is advised to check private restrictive covenants to ensure that
the use of Bermuda grass is allowed within the development.
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 approved 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 diverted to an existing curb inlet
near the southwest corner of the property and to proposed curb inlets along the
north and south parking areas. The north and south inlets would be installed as part
of this site development and would connect to the existing stormwater sewer system
serving the Derby Marketplace Development. Stormwater conveyances within the
Derby Marketplace development are privately owned and maintained.
Minor surface drainage is proposed to exit the site at the drive entrances which is
acceptable.
14. Utilities.
Fire Protection. Derby Fire Department has reviewed and approved the plans as
submitted.
A Fire Department Connection (FDC) is required and shall be a 5-inch Storz
type with 30 degree downward angle mounted 30 inches to 36 inches above
finished grade. The FDC shall be at a location approved by Derby Fire
Department.
A proposed light pole location appears to be less than 10 ft. from a fire
hydrant on the east side of the site. The fire hydrant was installed along with
the waterline extension project. The applicant shall verify the location of the
existing fire hydrant and shall ensure that the light pole location does not
interfere with Fire Department access to the hydrant.
Water. The public water main was recently extended south to serve the south half of
the approved lot split (Tract 5B). The applicant or their agent shall coordinate with
City of Derby Utilities to facilitate connection to the public waterline.
Sanitary Sewer. Similarly, the public sanitary sewer line was also recently extended
north to provide service to the north half of the lot split (Tract 5A).
Restaurant uses are required to install grease traps to prevent grease buildup and
blockages in the public sanitary sewer lines. A 1,000 gallon grease trap is identified
to be installed. The applicant or their agent shall coordinate with City of Derby
Page 6 of 8
Utilities to verify the proposed grease trap is adequate and to facilitate connection to
the public sewer.
Note 8 on the demolition plan (Sheet C-1.1) states that an existing sanitary sewer
riser is to be removed. The revised plans shall state that the existing riser is to be
plugged.
Others. Gas, electric and telephone services are shown to extend from the existing
lines along the private street to the east of the site and will enter the building on the
east side of the building.
15. Design Standards. Elevations for the proposed building addition are shown and
proposed materials are identified. Colored renderings have also been provided.
All rooftop mechanical equipment is required to be screened using materials that are
compatible with the principal structure. The applicant shall identify the locations of
any rooftop mechanical equipment and explain how screening will be provided.
The design criteria of the zoning ordinance requires that building entrances/exits do
not allow customers to exit directly into a vehicular circulation aisle. One doorway
on the south side of the proposed building exits into the Drive Thru lane. Site plans
appear to show that a railing is provided to prevent direct access into the vehicular
lane; however, there is not a note and a railing does not appear in the building
elevations or renderings. A railing is required at this location. The applicant shall
verify that the line shown on the site plans is a railing and a note shall be added to
identify the railing on the revised site plans.
A detail for railings is provided on Sheet C-4.2 and is sufficient to fulfill the
requirement for a railing at the building exit.
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.
17. Miscellaneous. A detail for a bicycle rack is included on Sheet C-4.4; however, a
location for the bicycle rack is not identified on the site plans. The applicant shall
verify where the bicycle rack is to be located.
All traffic control devices on site shall be in accordance with the current edition of the
Manual on Uniform Traffic Control Devices (MUTCD).
General Note #3 on the cover sheet references Ohio utilities protection service –
This note shall be updated for Kansas One Call.
Page 7 of 8
General Note #17 on the cover sheet shall be updated to state “… contact City of
Derby Planning & Engineering Department.” The phone number for Derby Planning
& Engineering is 316-788-6632.
General Note#22 on the cover sheet shall be updated to state that a 24-inch
minimum vertical clearance is required between sanitary sewers and waterlines as
required by Kansas Department of Health and Environment (KDHE).
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 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 5 except the north 149 ft. thereof, Block 1, Derby
Marketplace Third Addition, subject to staff comments.
Attachment: Site Plans
Building Elevations
Colored Renderings
Page 8 of 8
DATE: June 12, 2014
TO: PLANNING COMMISSION
FROM: CITY STAFF
MEETING DATE: June 19, 2014
AGENDA ITEM NO: 4
DESCRIPTION: Site Plan Review – Lots 1, 2 and 3, Block 8,
Pleasantview Addition
GENERAL LOCATION: Southeast corner of Buckner St. and Crestway Ave.
APPLICANT: Charlie Hubbard
AGENT: Sandy Roberts
REASON FOR REQUEST: Re-develop lots in the Buckner Business District to
create new business and office spaces
BACKGROUND INFORMATION:
A request for site plan review has been submitted for a site located at the
southeast corner of Buckner St. and Crestway Ave.
The site is described as Lots 1, 2 and 3, Block 8, Pleasantview Addition.
The existing platted lot configuration will not change as a result of this
development; however, all 3 lots will be considered as one zoning lot under a
single ownership.
o Each of the 3 lots comprising the site is approximately 8,200 sq. ft. which
exceeds the minimum lot size requirement for the B2-A Buckner Business
District zoning (Minimum lot size 7,500 sq. ft.). The combined lots create
a 0.56 acre site.
Adjacent properties to the west and south are zoned B-4 “Central Shopping
District” and properties to the east are zoned R-1 “Single-Family Residential.”
Development on adjacent sites includes a mix of businesses west of Buckner St.
and single-family residences to the north, east and south.
Lots 1 and 3 of the site have recently been remodeled to convert the previously
existing residences to business and professional offices. The remodels for Lots
1 and 3 did not require site plan review because they were not new development
and the remodel cost did not exceed 50% of the county appraised value.
Lot 2 was previously occupied by a residence, which has recently been
demolished in order to provide a shared parking lot to serve all 3 lots within the
development. The applicant is proposing to construct a third building to
accommodate 2 attached business and professional offices.
Page 1 of 7
Site plan review is required for this request because the business offices are a
new development and because the addition of the third building affects the
overall design relationship of the site.
Business and professional offices are permitted uses within the B-2A Buckner
Business District.
STAFF COMMENTS:
1. Legal Description. The legal description of the subject site is Lots 1, 2 and 3, Block
8, Pleasantview Addition, Derby, Sedgwick County, Kansas. The legal description is
accurately shown on the site plan drawing.
2. Bulk Regulations. The B-2A District requires minimum front and rear yard building
setbacks of 25 ft. The proposed new building meets the required front and rear yard
building setbacks.
The required minimum side yard setback is 5 ft. Since the site is a single zoning lot,
the 5 ft. side yard setback only applies to the south property line. The proposed new
building location exceeds the minimum side yard building setback; however, all new
buildings are required to comply with applicable building and fire code requirements.
A 10 ft. building separation from existing structures is required, and has been
provided. Firewalls shall be provided in accordance with applicable building and fire
codes.
The maximum lot coverage for the B-2A district is 40% of the total lot area. Existing
buildings and the new proposed building total 4,160 sq. ft. The combined lot size is
24,102 sq. ft., thus, the lot coverage is 17%.
The maximum impervious surface permitted on the site is 75% (18,077 sq.ft.). The
applicant or their agent shall update the lot coverage and impervious area
calculations shown on Sheet A1 and shall verify that the amount of impervious area
does not exceed 18,077 sq. ft.
3. Easements. There is a 20 ft. utility easement centered on the rear lot line of the
subject lots. This easement is accurately identified on the site plans and the
proposed building does not encroach upon the easement.
The applicant is proposing to construct a one-way vehicular driveway along the rear
of the new building partially within the easement. Paving is allowed to be within
easements; however, the applicant is advised that paving within an easement is at
the risk of the property owner. Should utilities within the easement require
maintenance which damages the paving, the cost of repairing the paving is the
responsibility of the property owner.
Page 2 of 7
4. Streets. The site is located at the corner of Buckner St. and Crestway Ave. The
existing street system adequately serves the site and is sufficient to accommodate
the development. No improvements to the streets are necessary.
5. Access. This site has access primarily to both Buckner St. and Crestway Ave.
There are 3 existing driveways connecting to Buckner St. as well as 2 existing
driveway connections to Crestway Ave. All existing driveways are proposed to
remain.
A new one way drive is proposed to be constructed across the rear of the
development site in order to provide convenient egress to Crestway Ave. The drive
is sufficient width to accommodate one-way vehicular traffic; however, it will not be
allowed to have two-way vehicular traffic. The site plan shows “ONE WAY”
markings on the access drive which are required to be painted on the pavement.
Additionally, the developer shall install a “DO NOT ENTER” sign at the north end of
the drive where it joins the existing paving north of Building “C.”
6. Parking. Parking for commercial uses on two or more platted lots in the B-2A District
are required to comply with Section 501.C. of the Zoning Ordinance. Section 501.C.
requires 1 parking space per each 300 sq. ft. of floor area for business and
professional offices. The combined sq. ft. (not including the storage garage) is 3,380
sq. ft. Thus, the minimum parking requirement for the site is 12 parking spaces
(3,380 ÷ 300 = 11.3 = 12 parking spaces). There are currently 15 parking spaces
available and 3 more are proposed, which exceeds the minimum requirement.
The existing parking spaces are 8.5 ft. x 19 ft. which meets the minimum required
dimensions for parking spaces. The 3 new parking spaces proposed are shown to
be 8.5 ft. in width, but it does not appear that perimeter curbing was accounted for in
that measurement. The site plan shall be adjusted to show a 6-inch perimeter curb
around the new parking spaces. The new parking spaces are also required to be a
minimum length of 19 ft. The applicant or their agent shall verify that the minimum
length is met and shall provide a dimension label on the revised site plans.
All new parking areas and driveways providing access thereto are required to be
contained by a 6-inch perimeter curb. As stated above, the new parking area shall
be provided with a 6-inch perimeter curb. The east edge of the proposed access
drive appears to be shown with a curb; however, the west edge does not. 6-inch
perimeter curbing is required on both sides of the proposed drive.
All parking spaces shall be designated using permanent pavement markings.
7. ADA. ADA Standards for Accessible Design require accessible parking spaces
based on the total number of spaces provided for the facility. When 1-25 parking
spaces are provided, 1 accessible space is required. 2 accessible spaces are
available 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.”
Page 3 of 7
The site plan does not provide sufficient spot elevations to determine if the sidewalks
to the new proposed building are compliant with the ADA slope tolerances. The
applicant shall ensure that the sidewalks providing a connection from the accessible
parking spaces to the proposed building are compliant with ADA standards.
The applicant or their designated agent shall ensure that all accessible parking
spaces and accessible paths 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.
8. Pedestrian Access. There is an existing public sidewalk along the east side of
Buckner St. adjacent to this site. There is not a direct sidewalk link connecting the
site to the existing sidewalk. At the Planning Commission’s discretion, the
Commission may choose to waive the requirement to provide a sidewalk connection
to the public sidewalk if the Commission determines that the requirement is
impractical. City staff recommends that the Commission consider waiving the
requirement for a pedestrian connection due to the proximity of all of the buildings
within the development to the existing sidewalk. The sidewalk can be accessed
through the short driveways.
9. Signage. Signage is not identified on the site plans. The applicant is advised that all
signs require a separate permit be obtained prior to installation.
10. Site Lighting. Lighting details are not provided with the site plans. The applicant
shall identify where, if any, exterior lighting is proposed. Any exterior lighting is
required to be screened or shielded to prevent intrusion of light or glare onto
adjoining properties or streets.
11. 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 of 250 ft. or less shall provide a minimum
of a 10 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
Buckner St. 180 ft. x 10 = 1,800 ÷ 500 = 3.6
Crestway Ave. 134 ft. X 10 = 1,340 ÷ 500 = 2.7
Total Shade Trees Required 7
Page 4 of 7
There are 2 large mature trees along Crestway Ave. The site plans show that 4
trees will be provided along Buckner St., in addition to 2 more trees at the edge of
the parking lot area in front of the new building. The total number of trees to be
located on the site will be 8. City staff recommends that the 2 trees proposed to be
located by the parking area be counted towards the landscaped street yard
requirement due to the small lot size. City staff recommends that the proposed trees
are sufficient to meet the street tree requirement.
The applicant or their agent shall identify the species of trees to be planted and
labels shall be provided on the revised site plans.
Screening along Rear and Side Lot Lines. Commercial properties in the B-2A
district are required to provide solid visual screening along rear and side lot lines.
Screening is required to be installed as a 6-ft. fence along rear and side lot lines.
Parking Lot Screening/Landscaping. A continuous row of shrubs is shown to be
provided along the existing parking lot. Although the parking lot has been
completed, the shrubs have not yet been installed. The applicant or their agent shall
identify the species of the shrubs to be planted and shall provide identification on the
revised site plans.
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.
The existing businesses currently utilize roll-off residential trash carts. This practice
is acceptable to the City; provided that, the business owners/operators store the
trash carts in accordance with applicable Derby code requirements. The applicant
has identified the location of a future trash enclosure should the need arise. Solid
visual screening around the trash enclosure will be required at the time the
enclosure is constructed.
Mechanical equipment is also required to be screened from ground level view. The
applicant or their agent shall identify locations of any rooftop or ground-mounted
mechanical equipment on the revised site plans. Adequate screening to reasonably
hide the equipment from ground level view is required.
Miscellaneous Landscaping Notes
The yard area between the proposed access driveway and the required screening
fence appears to be approximately 5 ft. in width. Spot elevations on the site plan
indicates that slope from the access drive to the existing elevation is approximately
2:1. Such a steep slope in a narrow space could prove to be difficult to provide
ongoing maintenance. City staff advises the applicant to consider landscaping
options which would not require a great amount of maintenance. Staff suggests
covering the space with landscaping rock or mulch and planting decorative shrubs
Page 5 of 7
along the strip. An attractive strip can be created which requires little or no ongoing
maintenance.
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.
12. Drainage. Drainage from the site appears to be collected using the parking lot and
driveway curbs and discharging drainage onto Buckner St. and Crestway Ave. The
surface drainage from the proposed development is not expected to be significant
and can be accommodated in the existing street system.
Spot elevations on the plan indicate that the 3 new parking spaces and a portion of
the new access drive may be draining to the middle of the site or towards structures.
The applicant is advised to grade the 3 new parking spaces and the access drive to
divert surface flow to the curb of the access drive and then east to Crestway Ave.
The applicant or their agent shall provide updated spot elevations on the revised site
plans.
13. Utilities. All public utilities and services are currently available at this site. No
improvements to the public infrastructure are required as a result of the proposed
development. The applicant shall coordinate with City of Derby Utilities to
coordinate connection to water and sewer service.
14. Design Standards. Elevations for the proposed building addition are shown on
Sheet A3. The building design and materials appear to match the existing buildings
on site and is intended to maintain the general single-story residential character of
the neighborhood.
15. 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 buildings.
16. Miscellaneous. Hours of operation for all uses within the B-2A District, except for
single-family dwellings, are limited to 6am – 10pm daily. The applicant shall advise
potential buyers/lessees of the hours of operation requirement for this zoning district.
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 City. Changes on the site plan sheets shall be clouded, and a list of all changes
Page 6 of 7
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 Lots 1, 2 and 3, Block 8, Pleasantview Addition subject to staff
comments and discussion.
Attachment: Site Plan
Building Elevations
Page 7 of 7
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