Planning Commission
Regular MeetingDerby, KS · July 17, 2014
Minutes
CITY OF DERBY
________________________________________________________________
MEETING OF THE PLANNING COMMISSION
REGULAR MEETING
July 17, 2014
6:30 PM
________________________________________________________________
CALL MEETING TO ORDER
ROLL CALL
CONSIDERATION OF MINUTES: [Meeting minutes from July 3, 2014 will be
considered at the August 7, 2014 meeting.]
PUBLIC FORUM
AGENDA ITEMS
1. Final Plat – Ridge Point Commercial Addition
General location: SE corner of Buckner St. and Patriot Ave.
2. Review 2015 Capital Improvement Plan (CIP)
ANNOUNCEMENTS
ADJOURN
NEXT CITY COUNCIL MEETING REPRESENTATIVES:
July 22 Larry Gould
August 12 Jack Hezlep
August 26 Jessica Rhein
September 9 Herman Hicks
September 23 Dennis Poteete
CITY OF DERBY
PLANNING COMMISSION MINUTES
July 17, 2014, 6:30 PM - Approved
MEMBERS PRESENT: Jack Hezlep, Jessica Rhein, Mitch Adams, Gunter Hansen,
Dennis Poteete, Larry Gould, Kathy Wills, Pat Baer
MEMBERS ABSENT: Herman Hicks
CITY STAFF PRESENT: Cody Bird, City Planner; Marcia Hartman, Recording Secretary
CONSIDERATION OF MINUTES: Meeting minutes from July 3, 2014 will be considered
at the August 7, 2014 meeting.
PUBLIC FORUM OPENED
PUBLIC FORUM CLOSED
AGENDA ITEM NO: 1
DESCRIPTION: Final Plat – Ridge Point Commercial Addition
GENERAL LOCATION: Southeast corner of Buckner St. and Patriot Ave.
APPLICANT: William Lusk, Jr. Living Trust
AGENT: Baughman Company, P.A.
REASON FOR REQUEST: Replat existing commercial lots to new configuration to
facilitate development
BACKGROUND INFORMATION:
A request has been received to replat 9.31 acres of land located at the southeast
corner of Buckner St. and Patriot Ave. to create a new lot configuration to facilitate
commercial development.
The area proposed for platting is a replat of Lots 1 and 2, Block 1, Ridge Point 4 th
Addition.
The land is presently zoned B-3 “General Business.” The zoning of the property
will not be affected by the proposed replatting.
Platting is required whenever land is proposed to be divided or further divided into
more than two lots.
DERBY PLANNING COMMISSION MINUTES Page 1 of 6
A preliminary plat for this property was considered by the Planning Commission at
the June 5, 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 – “Ridge Point Commercial Addition” is acceptable and does not duplicate
the name of any existing plat.
2. Legal Description – The plat is a replat of Lots 1 and 2, Block 1, Ridge Point 4th
Addition. Upon approval of the final plat, the new legal description will be Lots 1-6,
Block A, Ridge Point Commercial Addition, Derby, Sedgwick County, Kansas. The
plat is referenced to existing plat corners.
The section, township, range description appears to have an error. It should read as:
“All being situated in the Northeast Quarter and Southeast Quarter of Section 36,
Township 28 South, Range 2 1 East of the 6th Principal Meridian, Sedgwick County,
Kansas.”
3. Lots – 6 lots are proposed for this development. All lots exceed the minimum lot size
requirements and minimum lot width requirements of the B-3 Zoning District.
4. Blocks – One block is proposed and is appropriately labeled as Block “A” on the plat.
5. Setbacks – The appropriate 35 ft. building setback is shown along all streets abutting
the property.
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 final plat.
A 5 ft. wall easement was required at the time of preliminary plat review to provide
access for maintenance of the existing screening wall. The wall easement is
appropriately shown on the proposed final plat.
7. Streets and Access – The property to be platted has access to Buckner St. to the
west and also Patriot Ave. to the north. Buckner St. and Patriot Ave. are both 4-lane
urban arterials at this location. No immediate improvements to the public streets are
expected to be necessary as a result of this development.
All lots are currently shown to provide adequate access to a public street. Joint
access easements are identified to serve Lots 1 and 5 and also Lots 2 and 3. Draft
access agreements were submitted to the City for review and were found to be
sufficient pending minor text revisions. City staff will coordinate revisions with the
applicant prior to City Council consideration of the plat.
DERBY PLANNING COMMISSION MINUTES Page 2 of 6
Complete access control is shown to be dedicated along public streets except for 3
openings on Patriot Ave. and 2 openings on Buckner St. All openings are proposed
to be full access openings (allowing all turning movements). City staff recommends
approval of the openings as presented.
Openings proposed for this plat do not align with the openings platted for Stone Creek
Commercial Addition north of Patriot Ave. There is some flexibility to align drive
locations at the time of site plan review. The entrance to Lot 6 will also be required to
be aligned with the drive on the west side of Buckner St. when those lots are
developed.
8. Reserves – No reserves are proposed as part of this plat.
9. Drainage – A drainage plan for this site has been submitted for City staff review. The
drainage plan addresses staff comments from the preliminary plat review, and is
acceptable in concept. Minor text revisions are needed which have been
communicated to the applicant’s agent. A final corrected drainage plan shall be
submitted to the City.
10. Public Improvements – Existing water, sanitary sewer and stormwater sewer utilities
are in place and are sufficient to serve the proposed lots. An extension of the 8-inch
sanitary sewer line is proposed to provide service to Lot 1.
Sanitary sewer service lines for Lots 2, 3, and 4 may need to cross the existing
screening wall in order to reach the main line. A note on the utility plan indicates that
portions of the screening wall may need to be removed and replaced in order to
access the existing sanitary sewer. Removed sections of screening wall will be
required to be replaced at the time the connection is made.
The drainage plan proposes extensions to the existing stormwater system in Patriot
Ave. and Buckner St. to collect stormwater runoff from the site. Pipe sizes and
locations are acceptable.
The applicant is advised that existing manholes, fire hydrants or other utility
infrastructure appears to be within the areas proposed for drive entrances.
Infrastructure may be adjusted or relocated at the developer’s expense.
A sidewalk built to standards approved by the City is required along the east side of
Buckner St.
11. Guarantee for Installation of Public Improvements – Public improvements are required
to be guaranteed by the developer. Signed petitions have been submitted for all
public improvements required to serve this development. Resolutions will be
prepared by the City’s bond counsel and presented to the City Council for
consideration with the final plat.
A re-spread agreement was also submitted by the applicant to reapportion the
existing special assessments for a waterline improvement to the new lot configuration.
Minor text revisions have been communicated to the applicant. A final signed re-
DERBY PLANNING COMMISSION MINUTES Page 3 of 6
spread agreement shall be submitted prior to City Council consideration of the final
plat.
12. Plat Binder – A plat binder addressing property interests and encumbrances was
submitted and all property interests and encumbrances appear to be identified on the
plat.
13. Developer’s Agreement – A draft developer’s agreement was submitted with the final
plat. Any necessary revisions will be coordinated with the applicant. A final signed
developer’s agreement meeting the approval of the City is 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.
As noted in the report for the preliminary plat of this property, there are existing utility
poles, guy wires, stormwater sewer inlets or other utility equipment which may need to
be adjusted or relocated when the site develops. The developer is responsible for
coordinating with appropriate utilities to relocate existing lines and equipment as
necessary. The cost of relocation of any utility equipment is the responsibility of the
developer.
RECOMMENDATION:
Approve the final plat of Ridge Point Commercial Addition, Derby, Sedgwick County,
Kansas subject to staff comments and authorize the applicant to proceed with
preparation of the final plat tracing.
Attachments: Final Plat
Cody Bird, City Planner - presented the staff report.
DISCUSSION:
Commissioner Hezlep – asked for more detail on the entrances to lots and how vehicles
will access the site.
Commissioner Adams – interjected to say that he originally had a concern with the lot
opening’s distance from the intersection; however, he indicated that at the Kwik Shop
across the intersection, the opening distance from the intersection measured less than
200 feet and he said he felt comfortable with the distance proposed.
Dan Squires, City Engineer – said that there were openings on Patriot Ave., one is
approximately 211 feet east of the intersection, another joint opening is 200 feet further
east between lots 2 and 3, and one more opening at the very east edge of the property to
be platted.
DERBY PLANNING COMMISSION MINUTES Page 4 of 6
Commissioner Hansen – stated a concern that traffic levels will increase on Buckner St.
when Menards builds on the lot west of this site.
Squires – agreed that there will be increased traffic on Buckner St. Approximately 8,000
vehicles travel on Buckner St. each day and 12,000 on Patriot Ave. He said Menards will
have direct access to both Buckner St. and Patriot Ave. and did not foresee a significant
impact for either street.
MOTION: Dennis Poteete
SECOND: Mitch Adams
VOTE: 8-0
AGENDA ITEM NO: 2
DESCRIPTION: Review of Capital Improvement Plan (CIP)
APPLICANT: City of Derby
REASON FOR REQUEST: Requirement of Planning Commission Bylaws
BACKGROUND INFORMATION:
Per the Bylaws of the Derby City Planning Commission, one of the duties of the
Commission is to:
“To determine the conformance to the Comprehensive Plan of public
improvements, facilities or utilities of a type embraced within the
recommendations of the plan which are proposed for construction or
authorization and to report upon such conformance or nonconformance within
60 days to the Governing Body unless conformance is otherwise determined
by reviewing the city’s Capital Improvement Program (KSA 12-748).”
The Manager’s Recommended Budget, including the proposed Capital
Improvement Plan was presented to the City Council on July 8, 2014.
Citizen input is requested starting in June and will continue until August.
COMMENTS:
Chapter 4 of the Comprehensive Plan provides Goals and Policies for
development and redevelopment within the city.
Many of the goals and policies are realized through the creation and
implementation of the CIP.
A list of planned CIP projects for 2015-2019 is attached for review and reference.
DERBY PLANNING COMMISSION MINUTES Page 5 of 6
Agenda
CITY OF DERBY
________________________________________________________________
MEETING OF THE PLANNING COMMISSION
REGULAR MEETING
July 17, 2014
6:30 PM
________________________________________________________________
CALL MEETING TO ORDER
ROLL CALL
CONSIDERATION OF MINUTES: [Meeting minutes from July 3, 2014 will be
considered at the August 7, 2014 meeting.]
PUBLIC FORUM
AGENDA ITEMS
1. Final Plat – Ridge Point Commercial Addition
General location: SE corner of Buckner St. and Patriot Ave.
2. Review 2015 Capital Improvement Plan (CIP)
ANNOUNCEMENTS
ADJOURN
NEXT CITY COUNCIL MEETING REPRESENTATIVES:
July 22 Larry Gould
August 12 Jack Hezlep
August 26 Jessica Rhein
September 9 Herman Hicks
September 23 Dennis Poteete
DATE: July 7, 2014
TO: PLANNING COMMISSION
FROM: CITY STAFF
MEETING DATE: July 17, 2014
AGENDA ITEM NO: 1
DESCRIPTION: Final Plat – Ridge Point Commercial Addition
GENERAL LOCATION: Southeast corner of Buckner St. and Patriot Ave.
APPLICANT: William Lusk, Jr. Living Trust
AGENT: Baughman Company, P.A.
REASON FOR REQUEST: Replat existing commercial lots to new
configuration to facilitate development
BACKGROUND INFORMATION:
A request has been received to replat 9.31 acres of land located at the
southeast corner of Buckner St. and Patriot Ave. to create a new lot
configuration to facilitate commercial development.
The area proposed for platting is a replat of Lots 1 and 2, Block 1, Ridge
Point 4th Addition.
The land is presently zoned B-3 “General Business.” The zoning of the
property will not be affected by the proposed replatting.
Platting is required whenever land is proposed to be divided or further
divided into more than two lots.
A preliminary plat for this property was considered by the Planning
Commission at the June 5, 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 – “Ridge Point Commercial Addition” is acceptable and does not
duplicate the name of any existing plat.
2. Legal Description – The plat is a replat of Lots 1 and 2, Block 1, Ridge Point
4th Addition. Upon approval of the final plat, the new legal description will be
pg. 1
Lots 1-6, Block A, Ridge Point Commercial Addition, Derby, Sedgwick
County, Kansas. The plat is referenced to existing plat corners.
The section, township, range description appears to have an error. It should
read as: “All being situated in the Northeast Quarter and Southeast Quarter
of Section 36, Township 28 South, Range 2 1 East of the 6th Principal
Meridian, Sedgwick County, Kansas.”
3. Lots – 6 lots are proposed for this development. All lots exceed the minimum
lot size requirements and minimum lot width requirements of the B-3 Zoning
District.
4. Blocks – One block is proposed and is appropriately labeled as Block “A” on
the plat.
5. Setbacks – The appropriate 35 ft. building setback is shown along all streets
abutting the property.
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 final plat.
A 5 ft. wall easement was required at the time of preliminary plat review to
provide access for maintenance of the existing screening wall. The wall
easement is appropriately shown on the proposed final plat.
7. Streets and Access – The property to be platted has access to Buckner St. to
the west and also Patriot Ave. to the north. Buckner St. and Patriot Ave. are
both 4-lane urban arterials at this location. No immediate improvements to
the public streets are expected to be necessary as a result of this
development.
All lots are currently shown to provide adequate access to a public street.
Joint access easements are identified to serve Lots 1 and 5 and also Lots 2
and 3. Draft access agreements were submitted to the City for review and
were found to be sufficient pending minor text revisions. City staff will
coordinate revisions with the applicant prior to City Council consideration of
the plat.
Complete access control is shown to be dedicated along public streets except
for 3 openings on Patriot Ave. and 2 openings on Buckner St. All openings
are proposed to be full access openings (allowing all turning movements).
City staff recommends approval of the openings as presented.
Openings proposed for this plat do not align with the openings platted for
Stone Creek Commercial Addition north of Patriot Ave. There is some
flexibility to align drive locations at the time of site plan review. The entrance
pg. 2
to Lot 6 will also be required to be aligned with the drive on the west side of
Buckner St. when those lots are developed.
8. Reserves – No reserves are proposed as part of this plat.
9. Drainage – A drainage plan for this site has been submitted for City staff
review. The drainage plan addresses staff comments from the preliminary
plat review, and is acceptable in concept. Minor text revisions are needed
which have been communicated to the applicant’s agent. A final corrected
drainage plan shall be submitted to the City.
10. Public Improvements – Existing water, sanitary sewer and stormwater sewer
utilities are in place and are sufficient to serve the proposed lots. An
extension of the 8-inch sanitary sewer line is proposed to provide service to
Lot 1.
Sanitary sewer service lines for Lots 2, 3, and 4 may need to cross the
existing screening wall in order to reach the main line. A note on the utility
plan indicates that portions of the screening wall may need to be removed
and replaced in order to access the existing sanitary sewer. Removed
sections of screening wall will be required to be replaced at the time the
connection is made.
The drainage plan proposes extensions to the existing stormwater system in
Patriot Ave. and Buckner St. to collect stormwater runoff from the site. Pipe
sizes and locations are acceptable.
The applicant is advised that existing manholes, fire hydrants or other utility
infrastructure appears to be within the areas proposed for drive entrances.
Infrastructure may be adjusted or relocated at the developer’s expense.
A sidewalk built to standards approved by the City is required along the east
side of Buckner St.
11. Guarantee for Installation of Public Improvements – Public improvements are
required to be guaranteed by the developer. Signed petitions have been
submitted for all public improvements required to serve this development.
Resolutions will be prepared by the City’s bond counsel and presented to the
City Council for consideration with the final plat.
A re-spread agreement was also submitted by the applicant to reapportion the
existing special assessments for a waterline improvement to the new lot
configuration. Minor text revisions have been communicated to the applicant.
A final signed re-spread agreement shall be submitted prior to City Council
consideration of the final plat.
pg. 3
12. Plat Binder – A plat binder addressing property interests and encumbrances
was submitted and all property interests and encumbrances appear to be
identified on the plat.
13. Developer’s Agreement – A draft developer’s agreement was submitted with
the final plat. Any necessary revisions will be coordinated with the applicant.
A final signed developer’s agreement meeting the approval of the City is
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.
As noted in the report for the preliminary plat of this property, there are
existing utility poles, guy wires, stormwater sewer inlets or other utility
equipment which may need to be adjusted or relocated when the site
develops. The developer is responsible for coordinating with appropriate
utilities to relocate existing lines and equipment as necessary. The cost of
relocation of any utility equipment is the responsibility of the developer.
RECOMMENDATION:
Approve the final plat of Ridge Point Commercial Addition, Derby, Sedgwick
County, Kansas subject to staff comments and authorize the applicant to proceed
with preparation of the final plat tracing.
Attachments: Final Plat
pg. 4
DATE: July 1, 2014
TO: PLANNING COMMISSION
FROM: CITY STAFF
MEETING DATE: July 17, 2014
AGENDA ITEM NO: 2
DESCRIPTION: Review of Capital Improvement Plan (CIP)
APPLICANT: City of Derby
REASON FOR REQUEST: Requirement of Planning Commission Bylaws
BACKGROUND INFORMATION:
Per the Bylaws of the Derby City Planning Commission, one of the duties of the
Commission is to:
“To determine the conformance to the Comprehensive Plan of public
improvements, facilities or utilities of a type embraced within the
recommendations of the plan which are proposed for construction or
authorization and to report upon such conformance or nonconformance within
60 days to the Governing Body unless conformance is otherwise determined
by reviewing the city’s Capital Improvement Program (KSA 12-748).”
The Manager’s Recommended Budget, including the proposed Capital
Improvement Plan was presented to the City Council on July 8, 2014.
Citizen input is requested starting in June and will continue until August.
COMMENTS:
Chapter 4 of the Comprehensive Plan provides Goals and Policies for
development and redevelopment within the city.
Many of the goals and policies are realized through the creation and
implementation of the CIP.
A list of planned CIP projects for 2015-2019 is attached for review and reference.
RECOMMENDATION:
Approve the Capital Improvement Plan as being in conformance with the City’s
Comprehensive Plan.
ATTACHMENT: City Manager’s Capital Improvement Plan
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