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Planning Commission

Regular Meeting

Derby, KS · July 17, 2014

AgendaMinutes

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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