Planning Commission

AGENDA Planning Commission Meeting 6:30 PM - Thursday, December 2, 2021 Council Room Page 1. CALL MEETING TO ORDER 2. ROLL CALL 3. CONSIDERATION OF MINUTES 3.A. Adoption of Minutes 3 - 10 Recommended Motion: Approve the regular meeting minutes of November 18, 2021, as presented. November 18, 2021 Meeting Minutes 4. PUBLIC FORUM 5. NEW BUSINESS 5.A. Vacation: Utility Easements Between Greenway St., Georgie Ave., 11 - 21 James St., and Baltimore Ave. Recommended Motion: Adopt a resolution recommending vacation of 10 ft. and 16 ft. utility easements on Lots 1-20, Block 15, Pleasantview Second Addition and forward a resolution to the City Council for consideration at its regular meeting on December 14, 2021. Agenda Item Report - AIR-21-258 - Pdf 6. ANNOUNCEMENTS 7. ADJOURNMENT Page 1 of 21 Page 2 of 21  MINUTES Planning Commission Meeting 6:30 PM - Thursday, November 18, 2021 Council Room The Planning Commission of the City of Derby was called to order on Thursday, November 18, 2021, at 6:30 PM, in the Council Room, with the following members present: PRESENT: Mitch Adams Larry Gould Janet Sprecker Dana Quigley Ron Redford Gary Renberger Jessica Rhein Chris Voth Dale Wells ABSENT: Bobby McCrary 1 CALL MEETING TO ORDER 2 ROLL CALL 3 CONSIDERATION OF MINUTES a) Adoption of Minutes Chris Voth moved, seconded by Larry Gould, to approve the regular meeting minutes of November 4, 2021, as presented. RESULT: Carried MOVER: Chris Voth SECONDER: Larry Gould AYES: Larry Gould, Janet Sprecker, Dana Quigley, Jessica Rhein, Chris Voth, and Dale Wells ABSTAINED: Mitch Adams, Ron Redford, and Gary Renberger ABSENT: Bobby McCrary 4 PUBLIC FORUM 5 NEW BUSINESS a) Site Plan Review: Lot 1, Duckcreek Third Addition (250 W. Red Powell Dr.) BACKGROUND: General Location: Page 1 of 8 Page 3 of 21  • North side of Red Powell Dr. between Nelson Dr. and Buckner St. (location map attached). Applicant/Agent: • Property Owner: Jerry Cohlmia, Triangle, L.L.C. • Contract Purchaser: Joel Baltazor and Rachel Clark, Yellow Fish Properties, L.L.C. • Agent: Guy Gronberg, Guy Gronberg Architects, P.C. Reason for Request: • Facilitate the remodel of an existing office building. Background Information: • The 0.71-acre site is zoned B-3 "General Business District," which permits the existing office building that is proposed to be remodeled. • Because the cost of the proposed work project exceeds 50% of the value of the existing building, site plan review is required to ensure that the project complies with current regulations to the extent possible. • According to the attached site and landscape plans most of the proposed work is to the interior of the building with limited exterior work. POLICY IMPLICATIONS: 1. Legal Description: The property is platted as Lot 1, Duckcreek Third Addition. 2. Setbacks and Bulk Regulations: The B-3 district and the plat require the following building setbacks and bulk regulations: o Minimum Setbacks: ▪ Front Yard: 35 ft. ▪ Side Yard: 0 ft., but if a setback is provided it must be a minimum of 5 ft. ▪ Rear Yard: 0 ft., but 25 ft. if adjacent to a residential district ▪ Proposed: The existing building complies with required minimum setbacks with the exception of the rear yard. The existing building is 20 ft.-3 in. from the rear property line, and the required rear yard is 25 ft. because the adjacent property is zoned for residential use. o Maximum Structure Height: 45 ft. ▪ Proposed: The site plan notes that the existing building is a single story but does not note the existing building height, which scales to approximately 14 ft.-9 in. o Maximum Lot Coverage: 50% ▪ Proposed: Existing structure - 5,434 sq. ft. / Existing lot area - 30,989 sq. ft. = 17.54% lot coverage, which meets the requirement. o Staff Recommendations: i. Because the rear setback was approved through site plan review when the building was constructed in 1997 staff suggest the encroachment should be allowed to remain. A note shall be added to the site plan indicating that the non- Page 2 of 8 Page 4 of 21  conforming setback was approved by the Planning Commission on June 19, 1997. ii. Building height shall be noted on the revised site plan. 3. Easements: o A platted 20 ft. utility easement is located along the south property line. o A platted 10 ft. landscape and public sidewalk easement is located along the south property line. o A platted 10 ft. utility easement is located 5 ft. south of the north property line. o A platted 5 ft. wall easement is located along the north property line. o Staff Recommendation: i. The 10 ft. easement along the south property line shall be labeled as a "Landscape and Public Sidewalk Easement". 4. Streets and Access: The lot is adjacent to Red Powell Dr. and is permitted one access drive. Access to the site will be from the existing 25- ft. wide drive to Red Powell Dr. The Red Powell Dr. right-of-way abutting the lot is improved with a continuous center turn lane, two through travel lanes, and an on-street, westbound bicycle lane. 5. Parking: The proposed medical and dental clinic or office uses are required to provide 18 off-street parking stalls (one parking stall per 300 sq. ft. for 5,435 sq. ft.). o A total of 33 off-street parking parking stalls are proposed, which exceeds requirements. o Stalls are required to have a minimum width of 8.5 ft. and depth of 19 ft. The plans indicate that the stalls will have a width of 9 ft. and a depth of 19 ft., exceeding the requirements. o Off-street loading areas are required for commercial uses with a gross floor area of 5,000 square feet or more. One off-street loading space is required per 25,000 sq. ft. of floor area or fraction thereof, requiring one off-street loading space for the site. Off-street loading spaces are required to be 12 ft. wide and 25 ft. long. The required off-street loading space is not indicated on the site plan. o Staff Recommendation: i. When the Planning Commission approved the original site plan in 1997, they did not require off-street loading space. Because the existing site configuration does not accommodate an off-street loading space that would meets the dimension requirements, staff recommends that the requirement for an off-street loading space be waived. 6. Circulation Aisles: The site has one-way, counter-clockwise vehicular circulation. One-way circulation aisles are required to have a minimum width of 22 ft. when providing direct access to 90-degree parking stalls and a minimum width of 13 ft. when not providing direct access to parking stalls. The north-south circulation aisles that provide access to parking stalls are 22-ft. wide, which meets requirements. The east-west circulation aisles that do not provide access to parking stalls are 20-ft., 9-in. wide, which exceeds requirements. o Staff Recommendation: i. The site plan shall be revised to add a one-way circulation arrow to the north east-west access aisle. Page 3 of 8 Page 5 of 21 7. ADA: ADA Standards for Accessible Design require accessible parking stalls based upon the total number of stalls provided. When 26 to 50 parking stalls are provided, a minimum of two accessible parking stalls are required. Two accessible parking stalls are proposed, meeting the requirement. o Van accessible stalls are required to have a minimum width of 8 ft., with an 8 ft. access aisle. Two proposed ADA stalls have a width of 9 ft. and are adjacent to a 8 ft. aisle, which exceeds requirements. o Staff Recommendation: i. The existing ADA signs are worn and in disrepair, the site plans shall be revised to note that the signs for the ADA stalls shall be replaced, including one sign for a van accessible stall. 8. Pedestrian Access: Derby's design criteria requires all new developments to provide pedestrian connections from building entrances to adjacent sidewalks. Red Powell Dr. adjacent to the site does not have a sidewalk, and no pedestrian access is provided through the site to the building entrances. o Staff Recommendation: i. Pedestrian connections were not required by the zoning regulations when the building was constructed in 1997. Given the existing site improvements, the topography and the lack of a sidewalk along Red Powell Dr., staff recommends that the pedestrian connection requirement be waived. ii. City code requires that existing developments provide a sidewalk along collector streets like Red Powell Dr. when it is recommended by the City Engineer. Because there is no sidewalk on the adjacent properties, the City Engineer recommends that the subject property not be required to provide a sidewalk along Red Powell Dr. 9. Signage: The site is subject to the sign regulations of the B-3 district. The site plans indicate that wall signs for up to three tenants are proposed to be permitted separately. No ground sign is proposed, but a ground sign could be permitted separately at a later date. o Staff Recommendation: The site plan shall be revised to add the following note: "No signs shall be installed until a sign permit is issued in accordance with the sign regulations." 10. Site Lighting: One existing parking lot light pole on a concrete base is proposed to remain. No other site lighting is proposed. o Staff Recommendation: The site plan shall be revised to add the following note: "Site lighting shall be arranged, located, screened, or shielded to direct light away from adjoining properties and right- of-way." 11. Landscape/Screening and Buffering: The attached landscape plan shows the proposed landscaping. o Landscaped Street Yard: The zoning regulations require a landscaped street yard along street frontages of varying minimum widths depending upon the depth of the lot. Within the landscaped street yard, one shade tree is required for every 500 sq. ft. of the required yard. Ornamental trees or shrubs may be used to meet the shade tree requirement at a rate of two ornamental trees per one Page 4 of 8 Page 6 of 21  shade tree or 10 shrubs per one shade tree. Furthermore, shrubs may be substituted for up to 1/3 of the required shade trees. The minimum number of shade trees (or equivalent) required for the landscaped street yard is based upon the following calculations: ▪ Red Powell Dr.: 150 ft. street frontage x 10 ft. = 1,500 sq. ft. / 500 = 3 shade trees required. An existing 4,068 sq. ft. landscaped street yard is proposed to remain in front of the existing building, which exceeds requirements. Nine existing shade trees, four existing ornamental trees, and three existing shrubs are proposed to remain in the landscape street yard, which exceeds requirements. o Parking Lot Screening/Landscaping: Solid visual screening is required to screen parking lots along public street frontages. Shrubs are proposed along the perimeter of the parking area as required. o Trash Enclosure: An existing trash enclosure is proposed to remain in the northwest corner of the parking lot. The existing trash enclosure is a wood fence and gate; however, the zoning regulations require the trash enclosure to be constructed of materials compatible with the building. Additionally, the existing trash enclosure is set back one foot from the west property line, but a setback of at least five feet is required if a setback is provided. o Mechanical Equipment: The site plan indicates that an existing ground-mounted transformer will remain; however, no screening for the transformer is proposed, which does not meet requirements. All other mechanical equipment is mounted to the roof and is screened by a prefinished wall panel. o Landscape Buffer: Because adjacent properties to the north of the site are zoned for residential use, solid screening and a landscape buffer consisting of one shade tree or equivalent per 40 linear feet of property boundary is required. The landscape plan indicates that the concrete screening wall and four existing shade trees are to remain along the north property line, which meets requirements. o Staff Recommendations: i. The landscape plan shall be revised to provide a north arrow and scale. ii. The site plan shall be revised to indicate that the existing trash enclosure will be replaced and to provide a detail for a concrete block enclosure painted to match the building walls with metal gates painted to match the awnings. The trash enclosure shall be located either on the west property line or provide a minimum 5-ft. setback. iii. The landscape plan shall be revised to provide screening of the existing transformer. iv. The site plan shall be revised to add the following note: "Mechanical equipment visible from ground or street level view shall be appropriately screened prior to the issuance of a Certificate of Occupancy." v. The landscape plan shall be revised to add the following notes: 1. All landscaping is required to be maintained in good condition, including replacement of dead or diseased Page 5 of 8 Page 7 of 21  plants and trees, in accordance with the approved landscape plan. 2. A permanent water supply shall be provided to provide for the perpetual maintenance of all landscape materials. 3. Any automatic irrigation system shall include moisture sensing devices or automatic rain shut-off devices which forestall scheduled watering cycles when adequate moisture is present to sustain healthy plant life. 4. Final acceptance of the landscaping is required prior to issuance of a Certificate of Occupancy. Acceptance will be based upon the landscape plan as approved at site plan review. 5. Any alterations to the landscape plan subsequent to site plan approval shall be submitted to the Zoning Administrator for review and approval. Substantial changes to the plan will require review and approval by the Planning Commission. 12. Drainage: The existing site drainage, constructed in accordance with the site plans approved by the Planning Commission on June 19, 1997 is proposed to remain. o Staff Recommendation: i. The site plan shall be revised to add the following note: "Existing site drainage shall remain unless a revised drainage plan is approved by the City Engineer." 13. Utilities: The existing site utilities were constructed in accordance with the site plans approved by the Planning Commission on June 19, 1997 and are proposed to remain. o Staff Recommendations: i. The site plan shall be revised to add the following note, "Existing public utilities shall remain unless a revised utility plan is approved by the City Engineer." ii. The site plan shall be revised to add the following note, "The applicant is responsible for coordinating with private companies regarding the relocation/installation of private utilities and for ensuring that all private utilities are installed underground." 14. Design Standards: The site plan indicates that the existing building design will remain with the exception of the addition of two new entrances and three awnings. o The City's design criteria requires that the building's overall design theme be expressed on all exterior elevations of the building. The City's design criteria identifies face brick, architectural concrete, glass, synthetic stucco, decorative block, and stone as acceptable exterior finishes. The design criteria also permits the use of wood, vinyl, and metal as accent materials, if appropriately integrated into the overall design. ▪ The existing stucco texture wall panel is proposed as the predominate exterior material. The proposed building design meets the requirements of the design criteria. Page 6 of 8 Page 8 of 21  15. No Smoking: City ordinance prohibits smoking in public places and places of employment. "No Smoking" signs are required to establish a 20- foot smoke free zone at all entrances to the facility. o Staff Recommendation: The site plan shall be revised to add the following note: "Signs shall be installed at all building entrances indicating that smoking is not permitted within 20 feet of the entrance." 16. Miscellaneous: Final site plans shall be sealed by design professionals licensed by the Kansas State Board of Technical Professions. 17. Corrected Plans: Following Planning Commission approval, the applicant shall revise the site plan documents to incorporate all corrections or comments and submit three revised full-sized hard copies and an electronic copy to the City. Changes on the site plans shall be clouded, and a list of all changes shall be provided, noting which comment (e.g., 2.i, 2.ii, etc.) each is addressing. The applicant is advised that building plans will not be reviewed, nor will permits be issued, until revised site plans are submitted and approved. RECOMMENDED MOTION • Approve the site plans for Lot 1, Duckcreek Third Addition, subject to staff recommendations and Planning Commission discussion. Scott Knebel, City Planner, presented the staff report. Commissioner Rhein stated there is a section of the existing concrete parking lot that is in disrepair. Rhein asked if there is a plan to repair this section. Knebel answered that the plans do not indicate repairing the damaged section but asked the applicants to address the issue. Joel Baltazor and Rachel Clark, the applicants, answered they plan to repair the pot hole in the parking lot. Rhein asked if the existing lot is curbed. Baltazor answered that he believes it is but there is a section adjacent to the car wash property that is not curbed. Rhein stated she is concerned with vehicles potentially hitting the new ADA signage that will be installed for the new ADA stalls on the west side of the parking lot if there is no curbing. Baltazor stated that he believes that portion of the parking lot is curbed. Commissioner Redford asked if there will be any changes associated with the rooftop mechanical units and will they be screened. Baltazor answered that the existing screening screens the existing units from the parking lot and street and does not expect future units to be any taller than the existing units. Adams asked for additional questions. Seeing none, Adams called for a motion. Ron Redford moved, seconded by Gary Renberger, to approve the site plans for Lot 1, Duckcreek Third Addition, subject to staff recommendations and Planning Commission discussion. RESULT: Carried MOVER: Ron Redford Page 7 of 8 Page 9 of 21  SECONDER: Gary Renberger AYES: Mitch Adams, Larry Gould, Janet Sprecker, Dana Quigley, Ron Redford, Gary Renberger, Jessica Rhein, Chris Voth, and Dale Wells ABSENT: Bobby McCrary 6 ANNOUNCEMENTS Commissioner Adams asked for announcements from the Commission. None were provided. Adams asked if there are any items on the December 2 agenda. Scott Knebel, City Planner, answered there is one agenda item, a vacation request. Commissioner Rhein asked if the public hearing signs at the former Pleasantview Elementary School are associated with the December 2 meeting. Everett Haynes, Assistant City Planner, answered yes and the City has also received the submission for the Final Residential Planned Unit Development (R-PUD) which will be considered by the Planning Commission at its December 16 meeting. Public hearing notices will be posted on Friday, November 19. Adams asked if any Commissioners anticipated being absent from the December 2 meeting. No Commissioners indicated they would be absent. 7 ADJOURNMENT Gary Renberger moved, seconded by Dana Quigley, to adjourn at 6:44 p.m. RESULT: Carried MOVER: Gary Renberger SECONDER: Dana Quigley AYES: Mitch Adams, Larry Gould, Janet Sprecker, Dana Quigley, Ron Redford, Gary Renberger, Jessica Rhein, Chris Voth, and Dale Wells ABSENT: Bobby McCrary Everett Haynes, Recording Secretary Mitch Adams, Chair Page 8 of 8 Page 10 of 21  New Business Item Subject: Vacation: Utility Easements Between Greenway St., Georgie Ave., James St., and Baltimore Ave. Meeting: Planning Commission - December 2, 2021 Meeting Presented by: Everett Haynes, Assistant City Planner BACKGROUND: General Location: • 1101 N. Georgie Ave. (Former Pleasantview Elementary School site; location map attached). Applicant/Agent: • Applicant: Tom Schmeidler, Her Schmader, LLC • Agent: Kirk Miller, K.E. Miller Engineering, P.A. Reason for Request: • Vacate platted 10 ft. and 16 ft. wide utility easements on Lots 1-20, Block 15, Pleasantview Second Addition to facilitate redevelopment of the site as senior housing. Background Information: • The subject 10 ft. and 16 ft. wide utility easements were dedicated with the platting of Pleasantview Second Addition in 1954. The utility easements are identical in size and location as the other utility easements in the other blocks on the plat. • Pleasantview Elementary School was constructed in 1955, occupying all 20 lots of Block 15. The school building was built over the subject utility easements. No records can be located that indicate why the building was allowed to be built over the utility easements and why a vacation was not requested or granted. • The school property was sold to the applicant in 2020. The applicant submitted a Preliminary Residential Planned Unit Development (PUD) application in August 2021, proposing to redevelop the site as a 32 unit multi-family, senior housing development. o The proposed redevelopment will remove much of the existing school building but retain some portions for housing, as indicated on the attached vacation model exhibit. In addition to the existing portions of the school building that will remain, new construction is proposed over the subject utility easements, as indicated on the attached preliminary PUD development plan. o The Planning Commission approved the preliminary PUD plan on September 16, 2021, contingent on the submittal and approval of a request to vacate the 10 ft. and 16 ft. platted utility easements. LEGAL CONSIDERATIONS: Page 11 of 21  • KSA 12-505 requires the Planning Commission to consider specific findings of fact which serve as the basis for the Commission's recommendation to the City Council. These findings are as follows: o Notice of petition to vacate and notice of the public hearing has been given in accordance with State law; o No private rights will be injured or endangered if the vacation is granted; o The Public will suffer no loss or inconvenience if the vacation is granted; and o In justice to the petitioner, the vacation should be granted. • At the conclusion of the public hearing, the Planning Commission should adopt a resolution stating its recommendation, with or without conditions, and announce the date upon which the City Council will consider the vacation. o A draft resolution has been prepared based upon staff's review of the vacation request. o The Planning Commission may instruct staff to modify the resolution as necessary to reflect the decision of the Commission. FINDINGS OF FACT: 1. Notice of petition to vacate and notice of public hearing has been given in accordance with State law: o Notice was published in the City's official newspaper, The Derby Informer, on November 10, 2021. o Official notice was mailed to property owners within the required notification area on November 5, 2021. o Signs advertising the public hearing were placed on the subject property on November 5, 2021. 2. No private rights will be injured or inconvenienced if the vacation is granted: o Notice was provided to the following private utility agencies: Evergy, Kansas Gas Service, AT&T, and Cox Communications. ▪ Evergy does not object to the proposed vacation and does not have existing equipment in the easements. Evergy forwarded standard language that any relocation or removal of existing Evergy equipment will be at the applicant's expense. A copy of this letter is attached. ▪ Kansas Gas Service does not object and does not have any lines or equipment in the easements. ▪ AT&T does not object but has indicated there are existing service lines within the easements. AT&T advises the applicant to contact AT&T in order to coordinate trimming these cables and abandoning the line in place prior to commencing construction. ▪ Cox Communications does not object. o Owners of surrounding properties will not be injured or inconvenienced if the vacation is granted. The subject easements do not contain existing utility mains that serve surrounding properties. 3. The Public will suffer no loss or inconvenience if the vacation is granted: o There are no public sanitary sewer, water, or stormwater sewer lines in the easements. o Derby Fire and Rescue does not object to the vacation. o Staff has not received any additional inquiries or comments after mailing of the public hearing notification. The Commission will need to consider any testimony provided during the public hearing. 4. In justice to the petitioner, the vacation should be granted: o Vacating the easements will allow the applicant to proceed with the approval processes for the PUD and redevelopment of the site. o There are no conflicts with private or public utilities. Page 12 of 21  o If the vacation request is denied, the applicant will be required to revise the proposed PUD development plan to relocate buildings outside of the easements. o A copy of the applicant's written statement, indicating why the vacation should be granted, is attached. POLICY IMPLICATIONS: RECOMMENDED MOTION: • Adopt a resolution recommending vacation of 10 ft. and 16 ft. utility easements on Lots 1-20, Block 15, Pleasantview Second Addition and forward a resolution to the City Council for consideration at its regular meeting on December 14, 2021. ATTACHMENTS: Location Map Utility Easement Vacations-Model 20137 Georgie School PUD-Model RESIZED Evergy Vacation Response Letter Applicant's Written Statement Vacation Resolution (RES NO PC2021-04) Page 13 of 21  Vacation: Lots 1-20, Block 15, Pleasantview 2nd Addition (Former Pleasantview Elementary School Site) 10 Ft. & 16 Ft. Platted Utility Easements Greenway St. 16 Ft. Utility Easement Baltimore Ave. 10 Ft. Utility Georgie Ave. Easement James St. Page 14 of 21  GREENWAY GEORGIE BALTIMORE JAMES Page 15 of 21 Page 16 of 21 October 25, 2021 Everette Haynes City of Derby 611 Mulberry Suite 300 Derby, KS 67037 RE: Easement Request: Lots 1 - 20, Block 15, Pleasantview Second Addition, Derby Dear Mr. Haynes Evergy has reviewed this request and have no objection. Evergy does not have equipment in the easements the applicant is wanting to vacate. Standard Language will apply: Any relocation or removal of existing Westar equipment will be at the applicant’s expense. Whitney Rusk will be the contact for this item and can be reached at (785)508-2695 Thank you for sending this information for our review. If you have any questions, please call. Sincerely Rondee Sutton Sr. Administrative Assistant Evergy 316 261-6276 CC: Whitney Rusk Marcia Hartman Shane Price Internal Use Only Page 17 of 21  EASEMENT VACATION – WRITTEN STATEMENT A. PURPOSE OF THE VACATION REQUEST The property at 1101 Georgie (Lots 1 – 20, Block 15, Pleasantview Second Addition) has 2 existing utility easements; one that spans the property from north to south, and one that spans from east to west. There are no public or private utility lines running through these easements. These utility easements were not vacated (we cannot find a record of their vacation) when the Pleasantview Elementary School was built. The school buildings sit on top of the easements. However, these easements need to be vacated in order to build dwelling units (apartments and duplexes) per the proposed plan design for the senior living community at this location. B. HOW THE VACATION WILL NOT BE DETRIMENTAL TO THE RIGHTS OF PRIVATE ENTITIES The only entity that will be affected by these vacations is the property owner at this location. Not vacating these easements will be detrimental to the property owner. Any public or private utility would not need to use these easements to serve the property. C. HOW THE PUBLIC WILL SUFFER NO LOSS OR CONVENIENCE IF THE VACATION IS GRANTED The only entity that will be affected by these vacations is the property owner at this location. None of the surrounding properties will be affected by these vacations. D. THE HARDSHIP IMPOSSED ON THE APPLICANT(S) IF THE VACATION REQUEST IS DENIED If the Vacation request is denied, the proposed plan design would not be able to be built upon these existing easements. Page 18 of 21  Passed: _____________ RESOLUTION NO. PC2021 -04 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DERBY, KANSAS RECOMMENDING THAT THE GOVERNING BODY OF THE CITY OF DERBY GRANT A REQUEST FOR VACATION OF THE PLATTED 10-FOOT AND 16-FOOT WIDE UTILITY EASEMENTS ON LOTS 1—20, BLOCK 15, PLEASANTVIEW SECOND ADDITION, DERBY, SEDGWICK COUNTY, KANSAS. WHEREAS, K.S.A., 12-504, et seq., provides a procedure for the City’s Planning Commission to consider the vacation of certain plats, streets, easements or reservations; and WHEREAS, the Applicant has initiated vacation of the following described platted utility easements: A 10-foot utility easement being more particularly described as the south 5 feet of Lots 5 and 16, and the north 5 feet of Lots 6 and 16, Block 15, Pleasantview Second Addition to Derby, Sedgwick County, Kansas AND: A 16-foot utility easement being more particularly described as the east 8 feet of Lots 1—10, and the west 8 feet of Lots 11—20, Block 15, Pleasantview Second Addition to Derby, Sedgwick County, Kansas. WHEREAS, vacating platted utility easements requires a public hearing process for the City to consider whether said vacation request is acceptable; and WHEREAS, on December 2, 2021 and in compliance with K.S.A. 12-504, et seq., the Derby Planning Commission held a public hearing to consider the above-described request to vacate the utility easements; and WHEREAS, K.S.A. 12-505 provides that no vacation shall be granted if a written objection thereto is filed with the City Clerk, at the time of the hearing, by any owner or adjoining owner who would be a proper party to the petition but has not joined therein; and Page 19 of 21  WHEREAS, no such written objections to the vacation were filed with the City Clerk at the time of or before the required hearing on December 2, 2021; and WHEREAS, K.S.A. 12-505 provides that the Planning Commission shall make a recommendation regarding the vacation and submit such recommendation to the Governing Body; and WHEREAS, the City of Derby Planning Commission voted to recommend approval of the vacation to the Governing Body. NOW THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Derby, Kansas that: Section 1. Determination. It is hereby determined that due and legal notice of the petition to vacate and of the December 2, 2021 hearing on the requested vacation of the following described platted utility easements located within the corporate limits of the City of Derby, Kansas: A 10-foot utility easement being more particularly described as the south 5 feet of Lots 5 and 16, and the north 5 feet of Lots 6 and 16, Block 15, Pleasantview Second Addition to Derby, Sedgwick County, Kansas AND: A 16-foot utility easement being more particularly described as the east 8 feet of Lots 1—10, and the west 8 feet of Lots 11—20, Block 15, Pleasantview Second Addition to Derby, Sedgwick County, Kansas. has been given by publication and other means as provided by law, no private rights will be injured or endangered by such vacation, the public will suffer no loss or inconvenience thereby, and in justice to the petitioner, the prayer of the petitioner ought to be granted. Section 2. Recommendation. Based on the Determinations stated in Section 1 above, vacation of the above- described platted utility easements is hereby recommended to the Governing Body of the City of Derby, Kansas in accordance with the requirements of K.S.A. 12-505. Section 3. Submission. This resolution will be submitted to the Governing Body of the City of Derby, Kansas for consideration at the December 14, 2021 meeting to be held in the Page 20 of 21 Council Room at City Hall, 611 N. Mulberry, Derby, Kansas, and shall commence at 6:30 p.m. Section 4. Severability. Should any section, clause, sentence, or phrase of this resolution be found to be unconstitutional or is otherwise held invalid by any court of competent jurisdiction, such invalidity shall not affect the validity of any remaining provisions herein. Section 5. Effective Date. This resolution shall be effective from and after its adoption. PASSED by the Planning Commission of the City of Derby, Kansas, on December 2, 2021 and SIGNED by the Chairman. Mitchell J. Adams, Chairman ATTEST: Scott Knebel, Secretary Page 21 of 21