Planning Commission
Regular MeetingDerby, KS · July 3, 2014
Minutes
CITY OF DERBY
________________________________________________________________
MEETING OF THE PLANNING COMMISSION
REGULAR MEETING
July 3, 2014
6:30 PM
________________________________________________________________
CALL MEETING TO ORDER
ROLL CALL
CONSIDERATION OF MINUTES: Planning Commission Meeting of June 19,
2014.
PUBLIC FORUM
AGENDA ITEMS
1. Site Plan Review – Lot 1, Block A, The Oaks Commercial
General location: Southwest corner of Rock Rd. and Patriot Ave.
ANNOUNCEMENTS
ADJOURN
NEXT CITY COUNCIL MEETING REPRESENTATIVES:
July 8 Gunter Hansen
July 22 Jack Hezlep
August 12 Larry Gould
August 26 Shawn Riley
September 9 Jessica Rhein
CITY OF DERBY
PLANNING COMMISSION MINUTES
July 3, 2014, 6:30 PM - Approved
MEMBERS PRESENT: Jack Hezlep, Jessica Rhein, Mitch Adams, Gunter Hansen,
Kathy Wills, Dennis Poteete, Larry Gould
MEMBERS ABSENT: Pat Baer, Herman Hicks, Shawn Riley
CITY STAFF PRESENT: Cody Bird, City Planner; Marcia Hartman, Recording Secretary
CONSIDERATION OF MINUTES: Planning Commission Meeting of June 19, 2014.
MOTION: Gunter Hansen
SECOND: Kathy Wills
VOTE: 5-0-2; Mitch Adams and Jessica Rhein abstained
PUBLIC FORUM OPENED
PUBLIC FORUM CLOSED
AGENDA ITEM NO: 1
DESCRIPTION: Site Plan Review – Lot 1, Block A, The Oaks
Commercial Addition
GENERAL LOCATION: Southwest corner of Rock Rd. and Patriot Ave.
APPLICANT: HT Properties, LLC
AGENT: Walz, Harman, Huffman Construction, Inc. – Paul Huffman
REASON FOR REQUEST: Develop lot to allow new retail businesses
BACKGROUND INFORMATION:
A request for site plan review has been submitted for a site located generally
southwest of the intersection of Rock Rd. and Patriot Ave. (south of Emprise
Bank).
The subject site is described as Lot 1, Block A, The Oaks Commercial Addition.
The site is approximately 1.4 acres, which exceeds the minimum lot size
requirements for the B-3 District.
DERBY PLANNING COMMISSION MINUTES Page 1 of 12
The site and surrounding properties west of Rock Rd. are zoned B-3 “General
Business.”
The proposed multiple-tenant building for office and retail space is a permitted use
within the B-3 District.
o The applicant is proposing to build the shell of the building; however, all
potential businesses to locate at this facility may not yet be identified.
o Individual tenants are required to register their business with the City, which
provides an opportunity for City staff to verify that proposed businesses are
permitted within the B-3 zoning 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. A replat
of the property was approved by Council on May 13, 2014. The new legal description
for the site is “Lot 1, Block A, The Oaks Commercial 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. There is a 10 ft. utility easement along the west lot line of the site which
is not shown on the site plans. The easement shall be identified on the revised site
plans. Additionally, easements of record along Rock Rd. do not appear to have all
appropriate labels to accurately identify the easements. The applicant shall verify
easements and include appropriate labels on the revised site plans.
The proposed building addition and improvements do not encroach upon existing
easements.
4. Access. Complete access control is platted along Rock Rd. except for one 30 ft. joint
access opening centered on the north property line. Access to the site will be gained
through the existing drive approach to Rock Rd. No additional entrances to Rock Rd.
are proposed.
There is a pavement stub from the parking area to the south which will provide access
when the property to the south is developed.
The curb and access drive proposed north of the building are partially located on the
adjacent property. There is a recorded non-exclusive cross-lot access agreement in
place to facilitate this use. Notes on the landscape plan indicate that permission from
the adjacent property owner shall be obtained prior to start of construction. Further
notes indicate that the contractor is responsible for repair or replacement of irrigation
lines and turf areas disturbed during construction.
5. Streets. The site is located on the west side of Rock Rd. The existing street
configuration provides a left turn lane and a continuous right turn/acceleration lane.
The existing street system and existing drive entrance adequately serves the site and
DERBY PLANNING COMMISSION MINUTES Page 2 of 12
is sufficient to accommodate the development. No improvements to the streets are
required.
6. Parking. Article 5 of the Zoning Ordinance requires 1 parking space per 300 square
feet of floor area. The proposed building is 13,384 square feet, thus 45 parking
spaces are required. 78 parking spaces are provided, which exceeds the minimum
parking requirements.
The parking spaces along the east side of the lot are only 17 ft. in depth. The
minimum requirement for parking space depth is 19 ft. The parking spaces along the
east side shall be redesigned to meet the minimum depth requirement. Other parking
spaces meet the requirements for parking space dimensions.
It appears that a drive thru lane is proposed on the south side of the building. The
building elevations do not identify a pick up window and no order box is identified.
The applicant shall verify if a drive thru lane is proposed, and if so, shall provide
details for the operation of the drive thru.
If a drive thru is proposed, vehicle stacking spaces are required for facilities with drive
thru lanes. Requirements vary based upon the business use proposed. As shown on
the plans, there is sufficient vehicle stacking spaces to accommodate a variety of
business uses; however, vehicles queued in the drive thru would obstruct the angled
parking spaces on the east side of the building. Additionally, there is not sufficient
aisle width for vehicles to pass cars stacked in the drive thru lane. The applicant shall
be prepared to discuss the configuration of the drive thru and how stacking can be
accomplished without adversely impacting circulation.
Parking areas are shown to be paved with 5-inch concrete and circulation aisles with
7-inch concrete; however, there is no indication of what the base will be (i.e. crushed
rock). The applicant shall clarify what base material is proposed. Additionally, the
plans should clearly delineate which paved areas are to be thickened.
7. Circulation Aisles. All two-way vehicular circulation aisles meet the 24 ft. minimum
width requirement. One-way traffic is proposed around the perimeter of the building
with adjacent 60 degree angle parking. The minimum width requirement for one-way
traffic adjacent to 60 degree angle parking is 17 ft. The one-way aisle measures at a
distance of 14 ft. which is not sufficient to meet the minimum requirement. The
applicant shall redesign the site to provide sufficient width for one-way traffic, may
change the angle of the parking to 45 degrees, or the angled parking spaces may be
eliminated.
The one-way access aisle around the building shall be marked with pavement
markings to indicate that it is one-way and arrows shall be marked indicating the
direction of travel. Additionally, a “DO NOT ENTER” sign shall be provided at the
south end of the drive.
8. ADA. ADA Standards for Accessible Design requires accessible parking spaces
based on the total number of spaces provided for the facility. When 76-100 parking
spaces are provided, 4 accessible spaces are required. 4 accessible spaces are
DERBY PLANNING COMMISSION MINUTES Page 3 of 12
provided which meets the requirement. All 4 accessible spaces are 11 ft. wide with
adjoining 5 ft. accessible aisles which meets the minimum requirement for providing
van accessible spaces. Details on Sheet SA1.2 illustrate that the spaces will be
marked with signs as required. The applicant is advised that a minimum of 1
accessible parking space must be signed “Van Accessible.”
Columns are proposed for a covered walkway along the front of the building. The
width between the columns and the building wall appears to be approximately 5 ft.
The applicant shall ensure that the spacing between the building wall and the columns
is not reduced below the clear width for ADA standards. The owner or business
operators will be responsible for ensuring that no objects are placed which would
obstruct the clear width for ADA accessibility.
The pedestrian connection from the building to the existing Hike & Bike Path along
Rock Rd. appears to be within acceptable slope tolerances for ADA. 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 5 ft. wide striped aisle is shown to be provided through the
parking lot connecting the development to the existing Hike & Bike Path along Rock
Rd. The striped aisle, along with a short sidewalk connection to the Hike & Bike Path
meets the minimum requirement for providing a pedestrian connection. The
pedestrian sidewalk connection shall not exceed the slope tolerances required for
ADA, as noted above.
10. Signage. A monument sign is proposed to be located south of the parking lot to serve
the development. Details on Sheet SA1.2 indicate that the sign will be 15 ft. high x 11
ft. long with a width of 2 ft. The proposed sign dimensions are within the allowable
maximums for the B-3 District and are acceptable. The materials noted for the
monument sign match the materials proposed for elements on the front of the
building.
There are light fixtures shown on the sides of the monument sign. The lights are
required to be screened or shielded to prevent intrusion of light or glare onto adjoining
properties and streets.
There are generic signs shown on the renderings on the cover sheet, but specific
details are not provided because tenants are not yet known. Individual businesses or
the building owner will be responsible for obtaining applicable sign permits.
DERBY PLANNING COMMISSION MINUTES Page 4 of 12
The applicant is advised that all wall signs and monument signs require a separate
permit be obtained prior to installation.
11. Site Lighting. The lighting plan shows 3 free-standing light poles in the parking lot. In
addition to the overhead parking lot lighting, there are wall mounted lights on the front
of the building and what appears to be security type lighting on the backside of the
building. The monument sign and a decorative obelisk at the southeast corner of the
building also have mounted light fixtures.
Lighting levels indicated on the photometric plan show that there will be more than the
normal amount of ambient lighting spilling over onto adjacent properties. The
applicant shall screen or shield the lighting to reduce the level of lighting affecting
adjacent property. The revised site plans shall include a note stating “Lighting is
required to be screened or shielded to prevent intrusion of light or glare onto adjoining
properties and street right-of-way.”
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 is measured from the street right-of-way line.
The landscaped street yard is not permitted to include vehicle parking. The width of
the landscaped street yard provided measures only 12 ft. from the street right-of-way
line to the east edge of the parking lot, which is less than the minimum requirement.
The applicant shall provide the minimum 15 ft. landscaped street yard. City staff
recommends that the Planning Commission allow the width of the landscaped street
yard to be reduced below the minimum required width only at the north end of the lot
where the street right of way widens for the intersection of Rock Rd. and Patriot Ave.
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. 235 ft. x 15 = 3,525 ÷ 500 = 7.05
Total Shade Trees Required 8
The landscape plan shows that 3 shade trees and 6 ornamental trees are provided in
the front yard, meeting the requirement. However, the proposed trees are shown to
be located within a gas pipeline easement. The applicant shall verify that the
proposed locations of trees will not conflict with public or private utilities. If such a
conflict does exist, the applicant shall provide the required trees at other locations on
the site. Alternate locations for trees may be approved at the time of site plan review.
DERBY PLANNING COMMISSION MINUTES Page 5 of 12
Any alterations to the landscape plan subsequent to site plan review by the Planning
Commission shall be submitted to the Zoning Administrator for review and approval.
Parking Lot Screening/Landscaping. A continuous row of shrubs is shown to be
provided along the east edge of the parking lot to screen vehicle parking from view of
Rock Rd. The shrubs and grasses identified on the landscape plan should be
sufficient to provide a continuous visual screen to fulfill the requirement. Ornamental
grasses used to fulfill the screening requirement are required to be trimmed and
maintained seasonally.
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. 78 parking spaces are provided, thus a minimum of 2 shade trees are
required. The landscape plan proposes that 1 shade tree be located at the northeast
corner of the building and 3 ornamental trees be located along the south property line.
The Zoning Ordinance states that trees to fulfill this requirement be “planted and
maintained in planting islands that are in the interior of the vehicle parking lot.” The
Planning Commission may determine if the proposed locations are satisfactory to
meet the spirit of the requirement – to improve the appearance of vehicle parking lots
and to reduce the visual effect of large expanses of paved area.
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 backside of the building. The enclosure is proposed to be a 6 ft. high
stained cedar fence. The enclosure and materials are satisfactory to meet the
screening requirement. The gates to the enclosure are required to provide solid
visual screening when closed. The applicant is asked to verify if the gates for the
enclosure are also proposed to be stained cedar.
An electric transformer is also located within the trash enclosure which provides
adequate screening. There is no other mechanical equipment identified to be
mounted on the ground. The applicant shall verify that there is no other mechanical
equipment on the ground which requires screening.
Miscellaneous Landscaping Notes
All new developments are required to provide a readily available permanent irrigation
system for landscaped areas. Irrigation systems are required to be equipped with an
automatic rain sensing device. A statement of this requirement shall be included on
the revised site plans.
The applicant should verify that the installation of landscaping near entrances, vehicle
circulation aisles and public traffic ways does not create vision concerns.
The applicant is advised that final acceptance of the landscaping is required prior to
issuance of a Certificate of Occupancy. Acceptance will be based on the landscape
plan as approved at site plan review.
DERBY PLANNING COMMISSION MINUTES Page 6 of 12
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. The site is proposed to be graded to divert stormwater runoff to the
southeast and southwest corners of the site. New inlets are proposed at these
locations and private underground piping will connect to an existing public storm
sewer line alongside Rock Rd. The connection to the public line is required to be
inspected by the City of Derby. A note stating this requirement shall be added to the
Utility Plan.
The existing public storm sewer is adequate based upon the flow information
provided. The storm sewer flows south, eventually into Reserve “M” of The Oaks
Addition (south of Tall Tree Rd.). The addition of the impermeable area for this
development was contemplated during the original drainage plan of The Oaks
Addition and will have minimal impact on the reserve’s capacity.
14. Utilities.
Fire Protection. Derby Fire Department has reviewed the site plans and provided the
following comments:
The code summary on the cover sheet does not include the 2006 International Fire
Code.
Proposed access drives meet the 2006 International Fire Code, Appendix D Fire
Apparatus Access Roads providing the fire dept. with adequate access to within 150
ft. of all portions of the building.
Required fire flow for a non-sprinkled 13,300 square foot Type IIB constructed building
is 2,500 gallons per minute. A sufficient number of fire hydrants currently exist within
required distances to provide the needed fire flow. No additional fire hydrants will be
required.
2006 International Fire Code Section 903.2.6 states that an automatic sprinkler
system shall be provided throughout buildings containing a Group M occupancy where
a Group M fire area exceeds 12,000 square feet. Future requests to increase this
buildings Group M square footage beyond 12,000 square feet will require the
installation of an automatic sprinkler system in accordance with NFPA 13.
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.
Water. The utility plan proposes a 2-inch domestic water service line to be extended
from the north side of the building to the existing 24-inch public line along Rock Rd.
Extending service from the 24-inch line shall be coordinated with City of 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 developer.
Sanitary Sewer. Sheet SA1.1 shows a sanitary sewer line extending from the south
side of the building; however, the utility plan on sheet C1.0 shows the service line
extending from the north side of the building. The applicant shall verify the proposed
location of the sanitary sewer line and shall update the site plans to reflect the
proposed location. The service line will collect wastewater from all 7 tenant spaces.
DERBY PLANNING COMMISSION MINUTES Page 7 of 12
Because the tenant uses are not yet known, City staff advises that the proposed 4-
inch line be upsized to a 6-inch line to assure adequate capacity. The 6-inch service
line will connect to the existing 10-inch public line along Rock Rd. The applicant shall
coordinate the connection to the public line with City of Derby Utilities.
Restaurant uses are required to install grease traps to prevent grease buildup and
blockages in the public sanitary sewer lines. If a restaurant use is proposed now or in
the future, the business owner or building owner is responsible for installing a grease
trap in accordance with the requirements of the Derby Wastewater Superintendent.
15. Design Standards. Elevations for the proposed building addition are provided and
proposed materials are identified in the notes. The vertical surfaces of the building
are proposed to be stucco and the mansard roof and awnings are proposed to be pre-
finished metal panel. Stucco or synthetic stucco is consistent with the Design Criteria
for buildings and related structures as contained in the Design Criteria of the Zoning
Ordinance. The Design Criteria also permits metal as an accent material if
appropriately integrated into the overall building design. The Planning Commission
has the discretion to determine if the use of the metal panel in the proposed design is
consistent with the spirit of the Design Criteria for an accent material.
Details for columns on the front of the building indicate that rough-cut limestone and
stained cedar will be utilized for architectural accents for the building. The use of
these additional materials establishes an architectural theme for the development
which is to be carried through to other elements of the site, such as the monument
sign and proposed obelisk. Notes also indicate that some sort of decorative panel is
to be provided by the owner. The applicant should be prepared to provide a photo or
example of the panels at the Planning Commission meeting.
It appears that the side and rear elevations are proposed to continue elements of the
materials theme from the front of the building. The Design Criteria requires that all
exterior elevations of the building express the design of the development. As it is
likely that the rear and sides of the proposed building will be visible from adjacent
future developments, the Planning Commission should consider requiring additional
design elements to be expressed on the rear and sides of the building. Examples
may include the use of varying colors from the front of the building, additional building
trim, accent materials, or the continuation of awnings or window treatments.
Colored renderings were not provided and notes on the plans do not specify the
proposed colors of materials. The applicant shall prepare colored renderings to be
presented at the Planning Commission meeting and copies shall be included with the
revised site plans. A legend of proposed color names shall be included.
All rooftop mechanical equipment is required to be screened. It appears that rooftop
mechanical units are proposed to be located near the west edge of the roof (near the
backside of the building). The front and sides of the building are shown to have an
approximately 4 ½ ft. high mansard roof/parapet wall which should provide adequate
screening of mechanical equipment. The applicant shall verify that the mansard
roof/parapet wall is of sufficient height to adequately screen the rooftop units.
DERBY PLANNING COMMISSION MINUTES Page 8 of 12
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. All traffic control devices on site shall be in accordance with the
current edition of the Manual on Uniform Traffic Control Devices (MUTCD).
CORRECTED PLANS:
Following Planning Commission approval, the applicant will need to revise the site plan
documents to incorporate all corrections or comments and submit 3 revised copies to the
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 1, Block A, The Oaks Commercial Addition, subject to staff
comments.
Attachment: Site Plans
Cody Bird, City Planner - presented the staff report.
DISCUSSION:
Commissioner Hezlep – asked for clarification on the domestic water line size.
Bird – clarified that staff’s comment in the report was referring to the sanitary sewer
service line which was recommended to be increased from 4 inches to 6 inches.
Commissioner Wills – asked for clarification regarding the east side parking lot depth and
the width of the landscaped street yard.
Bird – said the Zoning Ordinance requires a minimum 15-ft. wide landscaped street yard
which cannot include vehicle parking. The landscaped street yard proposed measures
12 ft. from the street right-of-way line to the east edge of the parking lot, which is less
than the minimum requirement. Previous interpretations of a landscaped yard have
included the square footage of the entire front yard. The applicant has requested that the
landscaped areas in front of the building and on the sides of the building be included in
the calculation for the overall square footage of the landscaped street yard.
Commissioner Poteete – asked for clarification regarding Staff’s recommendation to
reduce the landscaped street yard width at the north end of the lot and to provide
suggestions to meet the landscaping and parking depth requirements.
Bird – said that the approach proposed by the applicant is to consider the overall square
footage of landscaping between the front property line and the front of the building, thus,
the dimensions would not change from what is currently shown. He indicated that the
DERBY PLANNING COMMISSION MINUTES Page 9 of 12
goal of the Planning Commission would be to advise the applicant on whether or not that
approach is sufficient to meet the landscaped street yard requirement.
Poteete – asked how the configuration of the parking lot could change to allow adequate
vehicle movements and still meet the landscaped street yard requirements.
Bird – said angled parking could reduce the required circulation width; or eliminating a
double row of parking to a single row of parking would provide more space to reconfigure
the building placement.
Hezlep – suggested that he was agreeable in considering the total square foot area for
landscaping in front of the building.
Commissioner Hansen – stated a concern with the proposed vehicle circulation width
between the back property line and the building where the trash receptacle will be
located. He indicated that cars would have minimal room to navigate to the proposed
drive thru on the south side of the building.
Commissioner Hezlep – asked the width of the drive thru lane.
Bird – said the width from the edge of the parking stall to the edge of the curb is proposed
to be 14 feet.
Hansen – asked if a business requiring a drive thru, such as a restaurant could be
permitted.
Bird – said restaurants are permitted in the B-3 zoning district.
Commissioner Rhein – also stated a concern with the circulation width, especially when
trash trucks are loading. She suggested a two-lane circulation aisle.
Hezlep – reiterated the concern for vehicle circulation on the west side of the building.
Hansen – preferred having the parking spaces on the west side eliminated.
Commissioner Adams – agreed, but added he was open to the option of redesigning the
parking to allow trash trucks to load and other vehicles to pass through.
Commissioner Gould – cautioned the Planning Commission to be careful with making
decisions that were business operating decisions rather than Planning Commission
decisions.
Adams – agreed, but also disagreed to say that the Planning Commission should
consider possibilities and make recommendations based on the data presented to them.
Adams – asked for the drive thru stacking requirement and whether different business
uses would change the requirement.
Bird – said restaurants require 5 vehicle stacking spaces. Other permitted businesses
require fewer stacking spaces. He said if a proposed business requires more stacking
spaces, the drive thru lane could be addressed when the potential business submits
construction plans for a remodel.
Hezlep – asked for staff’s recommendation regarding the parking space angle for the
one-way circulation aisle.
Bird – said that if the applicant wanted to keep the 60 degree angle parking, they would
need to shift the building forward to provide an extra 3 ft. drive aisle width. However,
changing the angle of the parking to 45 degrees would not affect other design elements.
Hezlep – asked if the applicant agreed to redesign the 17 ft. parking spaces along the
east edge of the parking lot to comply with the 19 ft. depth requirement.
Hansen – added that the Planning Commission should be firm with the 19 ft. parking
space requirement.
Eric Nilges, Walz, Harman, Huffman Construction, Inc. – said they would agree to adhere
to the 19 ft. depth requirement.
Hezlep – asked Bird for a summary of the Planning Commission’s recommendations.
DERBY PLANNING COMMISSION MINUTES Page 10 of 12
Bird – noted the suggestions 1) require the 19 ft. stall depth on the east parking row; 2)
the overall landscaped area between the front wall and the property line be considered
sufficient to meet the landscaped street yard requirement; 3) require 2 lanes on the west
side. He asked the commission for clarification on #3.
Adams – confirmed his expectation would be to require an additional lane.
Poteete – suggested architecture upgrades to the west side of the building since it could
be seen from Patriot Ave.
Bird – indicated that the Planning Commission would need to state the proposed changes
and Staff can work with the applicant to meet those requirements.
Gould – mentioned that buildings on the east side of Rock have architectural appeal on
the backside and the same theme should be continued with this site plan.
Bird – summarized the commission’s recommendation on building elevations to continue
the metal panel around to the west side and continue the stone on the columns.
Rhein – questioned the minimum distance between the sanitary sewer service line and
the water line that run parallel from the north end of the lot.
Bird – indicated that Rhein was referring to KDHE’s requirement for separation between
domestic water lines and sanitary sewer lines. He said he would coordinate with the
applicant to ensure they were compliant.
Rhein – said the emergency contact list did not contain Southern Star as referenced on
the utility plan notes.
Nilges – said he would update the contact list.
Hezlep – asked if the gas pipelines ran along the landscaped areas and whether
Southern Star allowed planting above their utility lines.
Bird – said the gas pipelines are along the east property line near the edge of the parking
lot. He indicated that the typical depth of gas pipelines do not usually allow for many
landscaping options. Currently the site plan is marked with trees located over this area.
Rhein – mentioned that from experience, Southern Star prefers not to have plantings
within their utility easement.
Hezlep – suggested shrubs rather than trees.
Bird – suggested that it would be feasible to use extra parking spaces as “bump-outs” to
meet the landscaping requirement. The Planning Commission could consider 2-3 shade
trees in the front and ornamental trees or shrubs located in the islands. The north end
bump-out would require vision clearance for turning vehicles.
Hezlep – agreed with Bird’s recommendation.
Poteete – asked about the cluster of 3 trees on the south end of the parking lot.
Bird – said site plan calculations indicated that the applicant appeared to propose the
trees as part of parking lot island landscaping. The intent is to break up large amounts of
paving and the Planning Commission should use their discretion in determining whether
the proposed landscaping met that intent.
Hezlep – suggested Amur Maples and recommended replacing the Autumn Blaze Maple
adjacent to the building with a Linden or Shantung Maple. He said the junipers would be
fine and that the larger trees could be moved to the “bump-outs”.
Adams – asked if the rooftop mechanical equipment will be screened on the west side of
the building.
Nilges – said they will provide vertical screening rather than mansard screening.
Bird – added that the screening will be 4 ½ feet high and, according to the contractor, the
mechanical equipment will not exceed that height. He said staff is comfortable with the
proposed screening.
DERBY PLANNING COMMISSION MINUTES Page 11 of 12
Agenda
CITY OF DERBY
________________________________________________________________
MEETING OF THE PLANNING COMMISSION
REGULAR MEETING
July 3, 2014
6:30 PM
________________________________________________________________
CALL MEETING TO ORDER
ROLL CALL
CONSIDERATION OF MINUTES: Planning Commission Meeting of June 19,
2014.
PUBLIC FORUM
AGENDA ITEMS
1. Site Plan Review – Lot 1, Block A, The Oaks Commercial
General location: Southwest corner of Rock Rd. and Patriot Ave.
ANNOUNCEMENTS
ADJOURN
NEXT CITY COUNCIL MEETING REPRESENTATIVES:
July 8 Gunter Hansen
July 22 Jack Hezlep
August 12 Larry Gould
August 26 Shawn Riley
September 9 Jessica Rhein
DATE: June 26, 2014
TO: PLANNING COMMISSION
FROM: CITY STAFF
MEETING DATE: July 3, 2014
AGENDA ITEM NO: 1
DESCRIPTION: Site Plan Review – Lot 1, Block A, The Oaks
Commercial Addition
GENERAL LOCATION: Southwest corner of Rock Rd. and Patriot Ave.
APPLICANT: HT Properties, LLC
AGENT: Walz, Harman, Huffman Construction, Inc. – Paul Huffman
REASON FOR REQUEST: Develop lot to allow new retail businesses
BACKGROUND INFORMATION:
A request for site plan review has been submitted for a site located generally
southwest of the intersection of Rock Rd. and Patriot Ave. (south of Emprise
Bank).
The subject site is described as Lot 1, Block A, The Oaks Commercial Addition.
The site is approximately 1.4 acres, which exceeds the minimum lot size
requirements for the B-3 District.
The site and surrounding properties west of Rock Rd. are zoned B-3 “General
Business.”
The proposed multiple-tenant building for office and retail space is a permitted
use within the B-3 District.
o The applicant is proposing to build the shell of the building; however, all
potential businesses to locate at this facility may not yet be identified.
o Individual tenants are required to register their business with the City,
which provides an opportunity for City staff to verify that proposed
businesses are permitted within the B-3 zoning 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. A replat
of the property was approved by Council on May 13, 2014. The new legal
description for the site is “Lot 1, Block A, The Oaks Commercial Addition, Derby,
Sedgwick County, Kansas.” The legal description shall be updated on the revised
site plans.
Page 1 of 9
2. Building Setbacks. The proposed building location exceeds the minimum building
setback requirements of the B-3 District.
3. Easements. There is a 10 ft. utility easement along the west lot line of the site which
is not shown on the site plans. The easement shall be identified on the revised site
plans. Additionally, easements of record along Rock Rd. do not appear to have all
appropriate labels to accurately identify the easements. The applicant shall verify
easements and include appropriate labels on the revised site plans.
The proposed building addition and improvements do not encroach upon existing
easements.
4. Access. Complete access control is platted along Rock Rd. except for one 30 ft.
joint access opening centered on the north property line. Access to the site will be
gained through the existing drive approach to Rock Rd. No additional entrances to
Rock Rd. are proposed.
There is a pavement stub from the parking area to the south which will provide
access when the property to the south is developed.
The curb and access drive proposed north of the building are partially located on the
adjacent property. There is a recorded non-exclusive cross-lot access agreement in
place to facilitate this use. Notes on the landscape plan indicate that permission
from the adjacent property owner shall be obtained prior to start of construction.
Further notes indicate that the contractor is responsible for repair or replacement of
irrigation lines and turf areas disturbed during construction.
5. Streets. The site is located on the west side of Rock Rd. The existing street
configuration provides a left turn lane and a continuous right turn/acceleration lane.
The existing street system and existing drive entrance adequately serves the site
and is sufficient to accommodate the development. No improvements to the streets
are required.
6. Parking. Article 5 of the Zoning Ordinance requires 1 parking space per 300 square
feet of floor area. The proposed building is 13,384 square feet, thus 45 parking
spaces are required. 78 parking spaces are provided, which exceeds the minimum
parking requirements.
The parking spaces along the east side of the lot are only 17 ft. in depth. The
minimum requirement for parking space depth is 19 ft. The parking spaces along
the east side shall be redesigned to meet the minimum depth requirement. Other
parking spaces meet the requirements for parking space dimensions.
It appears that a drive thru lane is proposed on the south side of the building. The
building elevations do not identify a pick up window and no order box is identified.
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The applicant shall verify if a drive thru lane is proposed, and if so, shall provide
details for the operation of the drive thru.
If a drive thru is proposed, vehicle stacking spaces are required for facilities with
drive thru lanes. Requirements vary based upon the business use proposed. As
shown on the plans, there is sufficient vehicle stacking spaces to accommodate a
variety of business uses; however, vehicles queued in the drive thru would obstruct
the angled parking spaces on the east side of the building. Additionally, there is not
sufficient aisle width for vehicles to pass cars stacked in the drive thru lane. The
applicant shall be prepared to discuss the configuration of the drive thru and how
stacking can be accomplished without adversely impacting circulation.
Parking areas are shown to be paved with 5-inch concrete and circulation aisles with
7-inch concrete; however, there is no indication of what the base will be (i.e. crushed
rock). The applicant shall clarify what base material is proposed. Additionally, the
plans should clearly delineate which paved areas are to be thickened.
7. Circulation Aisles. All two-way vehicular circulation aisles meet the 24 ft. minimum
width requirement. One-way traffic is proposed around the perimeter of the building
with adjacent 60 degree angle parking. The minimum width requirement for one-
way traffic adjacent to 60 degree angle parking is 17 ft. The one-way aisle
measures at a distance of 14 ft. which is not sufficient to meet the minimum
requirement. The applicant shall redesign the site to provide sufficient width for one-
way traffic, may change the angle of the parking to 45 degrees, or the angled
parking spaces may be eliminated.
The one-way access aisle around the building shall be marked with pavement
markings to indicate that it is one-way and arrows shall be marked indicating the
direction of travel. Additionally, a “DO NOT ENTER” sign shall be provided at the
south end of the drive.
8. ADA. ADA Standards for Accessible Design requires accessible parking spaces
based on the total number of spaces provided for the facility. When 76-100 parking
spaces are provided, 4 accessible spaces are required. 4 accessible spaces are
provided which meets the requirement. All 4 accessible spaces are 11 ft. wide with
adjoining 5 ft. accessible aisles which meets the minimum requirement for providing
van accessible spaces. Details on Sheet SA1.2 illustrate that the spaces will be
marked with signs as required. The applicant is advised that a minimum of 1
accessible parking space must be signed “Van Accessible.”
Columns are proposed for a covered walkway along the front of the building. The
width between the columns and the building wall appears to be approximately 5 ft.
The applicant shall ensure that the spacing between the building wall and the
columns is not reduced below the clear width for ADA standards. The owner or
business operators will be responsible for ensuring that no objects are placed which
would obstruct the clear width for ADA accessibility.
Page 3 of 9
The pedestrian connection from the building to the existing Hike & Bike Path along
Rock Rd. appears to be within acceptable slope tolerances for ADA. 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 5 ft. wide striped aisle is shown to be provided through the
parking lot connecting the development to the existing Hike & Bike Path along Rock
Rd. The striped aisle, along with a short sidewalk connection to the Hike & Bike
Path meets the minimum requirement for providing a pedestrian connection. The
pedestrian sidewalk connection shall not exceed the slope tolerances required for
ADA, as noted above.
10. Signage. A monument sign is proposed to be located south of the parking lot to
serve the development. Details on Sheet SA1.2 indicate that the sign will be 15 ft.
high x 11 ft. long with a width of 2 ft. The proposed sign dimensions are within the
allowable maximums for the B-3 District and are acceptable. The materials noted for
the monument sign match the materials proposed for elements on the front of the
building.
There are light fixtures shown on the sides of the monument sign. The lights are
required to be screened or shielded to prevent intrusion of light or glare onto
adjoining properties and streets.
There are generic signs shown on the renderings on the cover sheet, but specific
details are not provided because tenants are not yet known. Individual businesses
or the building owner will be responsible for obtaining applicable sign permits.
The applicant is advised that all wall signs and monument signs require a separate
permit be obtained prior to installation.
11. Site Lighting. The lighting plan shows 3 free-standing light poles in the parking lot.
In addition to the overhead parking lot lighting, there are wall mounted lights on the
front of the building and what appears to be security type lighting on the backside of
the building. The monument sign and a decorative obelisk at the southeast corner of
the building also have mounted light fixtures.
Lighting levels indicated on the photometric plan show that there will be more than
the normal amount of ambient lighting spilling over onto adjacent properties. The
applicant shall screen or shield the lighting to reduce the level of lighting affecting
Page 4 of 9
adjacent property. The revised site plans shall include a note stating “Lighting is
required to be screened or shielded to prevent intrusion of light or glare onto
adjoining properties and street right-of-way.”
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 is measured from the street
right-of-way line. The landscaped street yard is not permitted to include vehicle
parking. The width of the landscaped street yard provided measures only 12 ft. from
the street right-of-way line to the east edge of the parking lot, which is less than the
minimum requirement. The applicant shall provide the minimum 15 ft. landscaped
street yard. City staff recommends that the Planning Commission allow the width of
the landscaped street yard to be reduced below the minimum required width only at
the north end of the lot where the street right of way widens for the intersection of
Rock Rd. and Patriot Ave.
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. 235 ft. x 15 = 3,525 ÷ 500 = 7.05
Total Shade Trees Required 8
The landscape plan shows that 3 shade trees and 6 ornamental trees are provided
in the front yard, meeting the requirement. However, the proposed trees are shown
to be located within a gas pipeline easement. The applicant shall verify that the
proposed locations of trees will not conflict with public or private utilities. If such a
conflict does exist, the applicant shall provide the required trees at other locations on
the site. Alternate locations for trees may be approved at the time of site plan
review. Any alterations to the landscape plan subsequent to site plan review by the
Planning Commission shall be submitted to the Zoning Administrator for review and
approval.
Parking Lot Screening/Landscaping. A continuous row of shrubs is shown to be
provided along the east edge of the parking lot to screen vehicle parking from view
of Rock Rd. The shrubs and grasses identified on the landscape plan should be
sufficient to provide a continuous visual screen to fulfill the requirement. Ornamental
grasses used to fulfill the screening requirement are required to be trimmed and
maintained seasonally.
Page 5 of 9
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. 78 parking spaces are provided, thus a minimum of 2 shade trees
are required. The landscape plan proposes that 1 shade tree be located at the
northeast corner of the building and 3 ornamental trees be located along the south
property line. The Zoning Ordinance states that trees to fulfill this requirement be
“planted and maintained in planting islands that are in the interior of the vehicle
parking lot.” The Planning Commission may determine if the proposed locations are
satisfactory to meet the spirit of the requirement – to improve the appearance of
vehicle parking lots and to reduce the visual effect of large expanses of paved area.
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 backside of the building. The enclosure is proposed to be a 6 ft. high
stained cedar fence. The enclosure and materials are satisfactory to meet the
screening requirement. The gates to the enclosure are required to provide solid
visual screening when closed. The applicant is asked to verify if the gates for the
enclosure are also proposed to be stained cedar.
An electric transformer is also located within the trash enclosure which provides
adequate screening. There is no other mechanical equipment identified to be
mounted on the ground. The applicant shall verify that there is no other mechanical
equipment on the ground which requires screening.
Miscellaneous Landscaping Notes
All new developments are required to provide a readily available permanent
irrigation system for landscaped areas. Irrigation systems are required to be
equipped with an automatic rain sensing device. A statement of this requirement
shall be included on the revised site plans.
The applicant should verify that the installation of landscaping near entrances,
vehicle circulation aisles and public traffic ways does not create vision concerns.
The applicant is advised that final acceptance of the landscaping is required prior to
issuance of a Certificate of Occupancy. Acceptance will be based on the landscape
plan as 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. The site is proposed to be graded to divert stormwater runoff to the
southeast and southwest corners of the site. New inlets are proposed at these
locations and private underground piping will connect to an existing public storm
sewer line alongside Rock Rd. The connection to the public line is required to be
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inspected by the City of Derby. A note stating this requirement shall be added to the
Utility Plan.
The existing public storm sewer is adequate based upon the flow information
provided. The storm sewer flows south, eventually into Reserve “M” of The Oaks
Addition (south of Tall Tree Rd.). The addition of the impermeable area for this
development was contemplated during the original drainage plan of The Oaks
Addition and will have minimal impact on the reserve’s capacity.
14. Utilities.
Fire Protection. Derby Fire Department has reviewed the site plans and provided
the following comments:
The code summary on the cover sheet does not include the 2006
International Fire Code.
Proposed access drives meet the 2006 International Fire Code, Appendix D
Fire Apparatus Access Roads providing the fire dept. with adequate access to
within 150 ft. of all portions of the building.
Required fire flow for a non-sprinkled 13,300 square foot Type IIB constructed
building is 2,500 gallons per minute. A sufficient number of fire hydrants
currently exist within required distances to provide the needed fire flow. No
additional fire hydrants will be required.
2006 International Fire Code Section 903.2.6 states that an automatic
sprinkler system shall be provided throughout buildings containing a Group M
occupancy where a Group M fire area exceeds 12,000 square feet. Future
requests to increase this buildings Group M square footage beyond 12,000
square feet will require the installation of an automatic sprinkler system in
accordance with NFPA 13.
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.
Water. The utility plan proposes a 2-inch domestic water service line to be extended
from the north side of the building to the existing 24-inch public line along Rock Rd.
Extending service from the 24-inch line shall be coordinated with City of 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 developer.
Sanitary Sewer. Sheet SA1.1 shows a sanitary sewer line extending from the south
side of the building; however, the utility plan on sheet C1.0 shows the service line
extending from the north side of the building. The applicant shall verify the proposed
location of the sanitary sewer line and shall update the site plans to reflect the
proposed location. The service line will collect wastewater from all 7 tenant spaces.
Because the tenant uses are not yet known, City staff advises that the proposed 4-
Page 7 of 9
inch line be upsized to a 6-inch line to assure adequate capacity. The 6-inch service
line will connect to the existing 10-inch public line along Rock Rd. The applicant
shall coordinate the connection to the public line with City of Derby Utilities.
Restaurant uses are required to install grease traps to prevent grease buildup and
blockages in the public sanitary sewer lines. If a restaurant use is proposed now or
in the future, the business owner or building owner is responsible for installing a
grease trap in accordance with the requirements of the Derby Wastewater
Superintendent.
15. Design Standards. Elevations for the proposed building addition are provided and
proposed materials are identified in the notes. The vertical surfaces of the building
are proposed to be stucco and the mansard roof and awnings are proposed to be
pre-finished metal panel. Stucco or synthetic stucco is consistent with the Design
Criteria for buildings and related structures as contained in the Design Criteria of the
Zoning Ordinance. The Design Criteria also permits metal as an accent material if
appropriately integrated into the overall building design. The Planning Commission
has the discretion to determine if the use of the metal panel in the proposed design
is consistent with the spirit of the Design Criteria for an accent material.
Details for columns on the front of the building indicate that rough-cut limestone and
stained cedar will be utilized for architectural accents for the building. The use of
these additional materials establishes an architectural theme for the development
which is to be carried through to other elements of the site, such as the monument
sign and proposed obelisk. Notes also indicate that some sort of decorative panel is
to be provided by the owner. The applicant should be prepared to provide a photo
or example of the panels at the Planning Commission meeting.
It appears that the side and rear elevations are proposed to continue elements of the
materials theme from the front of the building. The Design Criteria requires that all
exterior elevations of the building express the design of the development. As it is
likely that the rear and sides of the proposed building will be visible from adjacent
future developments, the Planning Commission should consider requiring additional
design elements to be expressed on the rear and sides of the building. Examples
may include the use of varying colors from the front of the building, additional
building trim, accent materials, or the continuation of awnings or window treatments.
Colored renderings were not provided and notes on the plans do not specify the
proposed colors of materials. The applicant shall prepare colored renderings to be
presented at the Planning Commission meeting and copies shall be included with
the revised site plans. A legend of proposed color names shall be included.
All rooftop mechanical equipment is required to be screened. It appears that rooftop
mechanical units are proposed to be located near the west edge of the roof (near the
backside of the building). The front and sides of the building are shown to have an
approximately 4 ½ ft. high mansard roof/parapet wall which should provide adequate
Page 8 of 9
screening of mechanical equipment. The applicant shall verify that the mansard
roof/parapet wall is of sufficient height to adequately screen the rooftop units.
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. All traffic control devices on site shall be in accordance with the
current edition of the Manual on Uniform Traffic Control Devices (MUTCD).
CORRECTED PLANS:
Following Planning Commission approval, the applicant will need to revise the site plan
documents to incorporate all corrections or comments and submit 3 revised copies to
the 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 1, Block A, The Oaks Commercial Addition, subject to staff
comments.
Attachment: Site Plans
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