Planning Commission

AGENDA Planning Commission Meeting 6:30 PM - Thursday, November 3, 2022 Council Room Page 1. CALL MEETING TO ORDER 2. ROLL CALL 3. CONSIDERATION OF MINUTES 3.A. Adoption of Minutes 3 - 12 Recommended Motion: Approve the regular meeting minutes of October 6, 2022, as presented. October 6, 2022 Meeting Minutes 4. PUBLIC FORUM 5. NEW BUSINESS 5.A. Zone Change: Sky Ridge Addition (R-1A “Urban Density Single-Family 13 - 20 Residential District” to B-3 “General Business District”, R-2 “Two-Family Residential District”, and R-4 “Multiple-Family Residential District") Recommended Motion: Forward a recommendation of approval to the City Council to change the zoning district classification of the subject property from R-1A "Urban Density Residential District" to B-3 “General Business District”, R-2 “Two-Family Residential District”, and R-4 “Multiple-Family Residential District" based on the findings of fact and subject to platting the subject property within one year. Agenda Item Report - AIR-22-227 - Pdf 6. ANNOUNCEMENTS 7. ADJOURNMENT Page 1 of 20 Page 2 of 20  MINUTES Planning Commission Meeting 6:30 PM - Thursday, October 6, 2022 Council Room The Planning Commission of the City of Derby was called to order on Thursday, October 6, 2022, at 6:30 PM, in the Council Room, with the following members present: PRESENT: Larry Gould Janet Sprecker Jessica Rhein Mitch Adams Gary Renberger Chris Voth Dale Wells Jamie Werbin Michael Emond ABSENT: Dana Quigley 1 CALL MEETING TO ORDER 2 ROLL CALL 3 CONSIDERATION OF MINUTES a) Adoption of Minutes Gary Renberger moved, seconded by Janet Sprecker, to approve the regular meeting minutes of September 15, 2022, as presented. RESULT: Carried MOVER: Gary Renberger SECONDER: Janet Sprecker AYES: Larry Gould, Janet Sprecker, Jessica Rhein, Mitch Adams, Gary Renberger, Chris Voth, Dale Wells, and Michael Emond ABSTAINED: Jamie Werbin ABSENT: Dana Quigley 4 PUBLIC FORUM 5 NEW BUSINESS a) Preliminary Plat: Carter Addition BACKGROUND: General Location: Page 1 of 10 Page 3 of 20  • North of Tall Tree Rd. and east of Rock Rd. (Location Map attached). Applicant/Agent: • Property Owner: Rick Worner, Derby Destination Development, LLC • Agent: Marc Abbott, Polsinelli PC Reason for Request: • Facilitate development of the final phase of the Derby STAR Bond project (Preliminary Plat attached). Background Information: • The subject property consists of two tracts containing a total of 54.3 acres. o The first tract is located between Rock Rd. and Amber Ridge St., contains 10.8 acres, is platted as Wolfe's Rock Road Addition, and is zoned B-3 "General Business". o The second tract is located east of Amber Ridge St., contains 43.5 acres, is unplatted, and is zoned R-1 "Single-Family Residential", which is proposed to be rezoned to B-3 "General Business". • The subject property is proposed to be developed with the following uses as part of the final phase of the Derby STAR Bond project (Site Development Plan attached). o Rock climbing facility o BMX bike park o Outdoor lagoon o Indoor water park o Aerial park o Glamping o Hotel o Apartments o Restaurants POLICY IMPLICATIONS: 1. Plat Name: The plat is proposed to be named the Carter Addition, which duplicates another subdivision name used in Sedgwick County. o Staff Recommendation: i. The final plat shall designate an addition name not already in use in Sedgwick County. 2. Legal Description: The legal description shown on the preliminary plat is accurate. o Staff Recommendation: i. The final plat shall include a certified legal description prepared by a licensed land surveyor that references the quarter-section, section, township, and range and includes reference points of existing surveys related to the plat by distances, angles, and bearings. Traverse data including the coordinates of the boundary of the subdivision with the error of closure and ties to Government corners shall be provided. All stakes, monuments, and other markers used to determine the boundaries of the subdivision shall be noted. Page 2 of 10 Page 4 of 20  ii. The final plat shall designate the zoning district classification of all adjoining properties. 3. Lots: The preliminary plat proposes six (6) lots, which are labeled appropriately with the exception for some missing or inaccurate lot dimension labels. The applicant proposes to rezone the portion of the subject property that is zoned R-1 "Single-Family Residential" to B-3 "General Business". If the zone change is approved, the entire subject property will be developed in accordance with the B-3 provisions, as listed below: o Minimum Lot Area: 2,700 sq. ft. for single-family detached dwellings, 1,800 sq. ft. for single-family attached dwellings, 3,600 sq. ft. for two-family dwellings, 1,250 sq. ft. for multi-family dwellings, and all other permitted uses. ▪ Proposed: The smallest proposed lot size is 136,417 sq. ft., which meets requirements. o Minimum Lot Width: 30 ft. ▪ Proposed: The narrowest proposed lot width is 380 ft., which meets requirements. o Minimum Lot Depth: 60 ft. ▪ Proposed: The shallowest proposed lot depth is 359 ft., which meets requirements. o Staff Recommendation: i. The side lot dimension labels for Lot 1, Block B shall be corrected. ii. A lot dimension label shall be provided for the west line of Lot 1, Block A. iii. A lot dimension label shall be provided for the west line of Lot 2, Block A. 4. Blocks: Two blocks are proposed, which are labeled appropriately. o The Subdivision Regulations limit blocks to a maximum length of 600 ft. and a maximum perimeter of 2,400 ft. ▪ Block A has a maximum block length of 1,308.21 ft. and a perimeter of 5,164.48 ft., which do not meet requirements. ▪ Block B a maximum block length of 380 ft., which meets requirements, and a perimeter of 3,244.06 ft., which does not meet requirements. ▪ The purpose of the block dimension standard is to promote walkable development patterns with compact, connected blocks. Since the subject property is proposed to be developed with destination-style commercial uses, connecting the proposed development to surrounding uses is not desired as visitors will need to enter the development at designated entrances and on-site pedestrian circulation will be provided through an internal sidewalk system approved during the site plan review process. The proposed alternative approach accomplishes the purpose of the block dimension standard. o Staff Recommendations: i. Approve a modification to permit Block A to have a maximum block length of 1,308.21 ft. and a perimeter of 5,164.48 ft. ii. Approve a modification to permit Block B to have a perimeter of 3,244.06 ft. Page 3 of 10 Page 5 of 20 5. Streets and Access: The plat is adjacent to Rock Rd. to the west and is bisected by Amber Ridge St. A reserve strip also abuts Patriot Ave. o Rock Rd.: ▪ The Subdivision Regulations require 60 ft. of half-street right- of-way for Rock Rd., which is provided but not labeled as required. ▪ Complete access control is proposed along Rock Rd. except for one opening Full-movement access points to arterial streets are required to be 660 ft. apart, as measured to the centerline of the intersecting street or drive, and are required to align with drives located across the street. • The nearest full-movement access drives on the east side of Rock Rd. are located 194 ft. north and 145 ft. south of the subject property. Because the existing drives are only 719 ft. apart, a full-movement access point on the subject property cannot meet the 660-ft. separation standard. • A strip center across Rock Rd. from the subject property has an existing full-movement drive. Aligning the access drive to the subject property with the drive on the west side of Rock Rd. would result in a full- movement access point on the subject property that is separated from the nearest openings by 345 feet on the north and 374 feet on the south. This alternative approach accomplishes the purpose of the standard to the extent practical given existing limitations. o Amber Ridge St.: ▪ The Subdivision Regulations require 70 ft. of right-of-way for Amber Ridge St., which is provided. ▪ Complete access control is platted along the west side Amber Ridge St. except for two openings. Full-movement access points to minor collector streets are required to be 220 ft. apart as measured to the centerline of the intersecting street or drive. Additionally, full-movement access points are required to be located directly across from one another. • Because the property west of Amber Ridge St. only has 380 ft. of frontage and an existing drive is located 45 feet north of the north property line, two full- movement access points to Amber Ridge St. cannot be provided while meeting the separation requirement. • No access control is proposed along the east side of Amber Ridge St., which does not meet requirements. o Patriot Ave.: ▪ The Subdivision Regulations require 60 ft. of half-street right- of-way for Patriot Ave., which is not provided as required. ▪ No access control is proposed along Patriot Ave.; however, the lot frontage is insufficient to permit a full-movement access point that meets separation requirements. o Continuing Street Access: The Subdivision Regulations require subdivisions to provide street access points to adjoining property at Page 4 of 10 Page 6 of 20  least every 1,320 ft. The subject property has an eastern boundary of 2,537.63 ft. with no proposed street access point to the east, which does not meet requirements. o Cross-Lot Access: ▪ The Subdivision Regulations require all lots to have frontage on a public street unless the plat establishes access easements for the lot. Lots 3 and 4, Block A do not have street frontage. The plat proposes a 40-ft. wide access easement for the lots; however, the proposed access easement does not meet requirements for width or maintenance provisions. ▪ The Derby Sports Zone Addition has a platted access easement to Lot 1, Block B; however, the proposed plat does not include an adjoining access easement. o Staff Recommendation: i. A dimension label shall be provided for the half-street right- of-way for Rock Rd. ii. Approve a modification to permit access control except for one 50-ft. full-movement opening along Rock Rd., which shall be aligned with the existing drive on the west side of Rock Rd. iii. The final plat shall establish access controls for Amber Ridge St. in accordance with the access control standards for both separation and alignment unless a modification is proposed, in which case the modification shall be justified in accordance with Section 11-1103 of the subdivision regulations. iv. The final plat shall dedicate 70 ft. of right-of-way for an extension of Cambridge St. east of Amber Ridge St. v. The final plat shall dedicate an additional 20 ft. of right-of- way for Patriot Ave. vi. The final plat shall dedicate complete access control along Patriot Ave. and complete access control along Amber Ridge St. for the reserve strip. vii. The final plat shall establish an access easement for Lots 3 and 4, Block A. in accordance with the requirements of Section 604.B. of the subdivision regulations. viii. The final plat shall establish an access easement adjoining the access easement in the Derby Sports Zone Addition. 6. Building Setbacks: Front setback lines are required to be platted. o Lots 1 and 2, Block A have 25 ft. platted front setbacks proposed, which meets requirements. o Lots 1 and 2, Block B have 35 ft. platted front setbacks proposed, which meets requirements. 7. Easements: Easements a minimum of 20 ft. wide are required to be provided along rear lot lines where necessary for installation of utility and/or drainage improvements. Easements a minimum of 10 ft. wide are required to be provided along side lot lines where necessary for installation of utility and/or drainage improvements. Easements that provide for utilities, sanitary sewer, and drainage within the same easement may be required to be a minimum of 30-ft. wide. Easements 30 Page 5 of 10 Page 7 of 20  ft. and wider may be required when necessary to protect rows of trees and other natural features. o Existing easements established by separate instrument are required to be noted on the proposed plat along with recording information. The plat binder indicates that the subject property is encumbered by easements which are not noted on the preliminary plat. o A 10-ft. utility easement is platted along the side lot lines between Lots 2 and 3, Block A and between Lots 3 and 4, Block A. The subdivision regulations indicate that 10-ft. utility easements should be limited to the installation of street lighting. Since these utility easements need to be available for the full range of utility installations, 20-ft. wide utility easements are recommended. o The plat proposes 10-ft. wide utility easements along the north and east boundary of Block A. Since properties to the north and east are unplatted, adjoining 10-ft. wide utility easements likely will not be provided in a timely manner. Therefore, 20-ft. wide utility easements are recommended along the north and east lines of Block A. o Staff Recommendations: i. The existing easements outlined in the plat binder shall be noted on the final plat along with recording information. ii. Easements a minimum of 20 ft. wide shall be be provided along the side lot lines between Lots 2 and 3, Block A and between Lots 3 and 4, Block A. iii. Easements a minimum of 20 ft. wide shall be be provided along the north and east boundaries of Block A. 8. Reserves: o Block A contains Reserve A and B. Block B also contains Reserve A and B. Regulations require each reserve to have a unique identifier. o The plat does not indicate the proposed uses of the reserves as required. o The plat does not provide dimension labels for the reserves as required. o Staff Recommendations: i. The final plat shall identify the reserves in Block A as Reserve C and Reserve D. ii. The final plat shall designate the permitted uses for each reserve. iii. The final plat shall provide dimensions labels for each reserve. 9. Drainage: The attached drainage plan has been reviewed by the City Engineer and revisions are required. o Staff Recommendations: i. A schematic shall be provided for the existing and proposed condition showing how the separate areas are connected and which areas flow into the ponds. ii. The water surface of the proposed pond at the south end of Block A is higher than several of the low openings for adjoining residences, particularly at the east end. The drainage plan shall be revised to lower the 100-yr water Page 6 of 10 Page 8 of 20  surface below these low openings. Splitting the pond into two or more sections while stepping down in elevation is a recommended option. iii. The final plat shall designate the minimum pad elevation and minimum low opening elevation for all lots containing or adjacent to a pond. 10. Public Improvements: o Streets & Sidewalks: Improvements to Rock Rd. and Amber Ridge St. are not proposed. Private streets and sidewalks within the subdivision will be constructed in phases as lots are developed. o Sanitary Sewer: The attached utility plan has been submitted showing the proposed extension of sanitary sewer to serve the subdivision. The City Engineer has reviewed the utility concept and requires revisions. o Water and Fire Protection: The attached utility plan has been submitted showing the proposed extension of water and fire protection to serve the subdivision. The Fire & Rescue Department has reviewed and approved the utility plan. o Staff Recommendations: i. The parking lot concept for Lot 1, Block B shall be removed from the utility plan. ii. The elevation of the sanitary sewer line extension for Block A needs to be revised as it does not provide sufficient slope for gravity flow. iii. The sanitary sewer pump station location needs to be further evaluated including a potential location at the southeast corner of Block A. 11. Guarantee for Installation of Public Improvements: Public improvements are required to be guaranteed by the developer. A draft respread agreement has been submitted for existing special assessments on Wolfe's Rock Road Addition. o Staff Recommendations: i. Draft petitions, or other financial guarantees, cost estimates, phasing and benefit district maps shall be submitted with the final plat. Staff and the City's bond counsel will review the petitions prior to City Council review and approval of resolutions. ii. Petitions/guarantees are required for the following public improvements: • Sanitary sewer • Water • Drainage • Sidewalks • Amber Ridge St. from Cambridge St. to Patriot Ave. 12. Developer's Agreement: A draft Developer's Agreement is required to be submitted with the final plat. o Staff Recommendations: i. The Developer's Agreement shall specify the ownership and maintenance responsibility for all reserves and provide a mechanism for the City to maintain the reserves and recover the proportional cost from the lot owners if the specified Page 7 of 10 Page 9 of 20  maintenance responsibility is not fulfilled by the developer and/or homeowner's association. 13. Restrictive Covenants: Draft restrictive covenants are required to be submitted with the final plat. o Staff Recommendations: i. Draft restrictive covenants shall be submitted with the final plat. 14. Plat Binder: A plat binder, identifying all property interests and encumbrances, was submitted with the preliminary plat. RECOMMENDED MOTION • Approve the preliminary plat, subject to the staff recommendations and discussion and authorize the applicant to proceed with preparation of the final plat. Scott Knebel, City Planner, presented the staff report. Commissioner Wells asked if there is a cross lot access easement for the two lots along Rock Rd. since there is only one access point. Knebel answered that there will be but cross lot access may not be considered as part of the plat but more so considered during site plan review. The intention is to eventually have two lots but the applicant is uncertain about the necessary location of the north-south property line based on potential tenants' needs. They intend to split the lot in the future which is an administrative process. Wells asked if there will only be one access point to Rock Rd. Knebel answered that is correct and only one access point would be permitted. Commissioner Rhein asked if the plat text that is bubbled are existing plat references. Knebel answered that it is. Rhein stated it appears there are two Reserve B's Knebel responded there is although he did not note it in his presentation. It will need to be addressed. Rhein asked what the intended purpose is of the Reserve B that runs north-south along Amber Ridge St. Knebel answered that the preliminary plat did not indicate the intended purpose of any reserves. Rhein asked if access is proposed to 63rd St. South at this time. Knebel answered there is no plan to provide access to 63rd St. South. Rhein asked if reserve uses are typically identified within the plat text. Knebel answered they typically are but do not always appear on the preliminary plat but always required on the final plat. Commissioner Sprecker asked if access to the property at the northeast corner of Tall Tree Rd. and Rock Rd. needs to be considered. Knebel answered that property is platted and is permitted one access point to Rock Rd. When that property develops, an approach permit will need to be applied for where the City Engineer will review the location of the access point. The location identified during the presentation was the location discussed with the City Engineer that would be approved. Sprecker asked if access points to Amber Ridge St. need to be considered. Page 8 of 10 Page 10 of 20  Knebel answered that he does not believe there are platted access controls on Tall Tree Rd. or Amber Ridge St. Wells asked if the ponds identified on the large lot existing or proposed. Knebel answered that there are two existing ponds in Block A but additional detention ponds are proposed. Wells asked if the property is wooded. Knebel answered it is largely wooded. The intention for the drainage area along the south boundary is to also serve as screening and a landscape buffer between the proposed development and the residential properties to the south. Commissioner Voth asked when the B-3 zone change will be considered. Knebel answered that the zone change will be considered December 1 along with the final plat. Commissioner Adams added that the Planning Commission should consider discussing how preliminary and final plats are reviewed when a zone change is also being considered. Knebel stated that the preferred process is the zone change and the preliminary plat be considered together. This did not occur for this particular project. Adams added that needs to be addressed in the future, including potentially amending the by-laws. Knebel responded that State statute and the Zoning Regulations do not authorize staff to reject an application because the preference is to be processed another way. Adams asked he understands that but is there anything that can be done to change the statutes in order to address this concern. Knebel answered that State statutes will unlikely be changed and when they are revised, there are often unintended consequences. Gary Renberger moved, seconded by Dale Wells, to approve the preliminary plat, subject to the staff recommendations and discussion and authorize the applicant to proceed with preparation of the final plat. RESULT: Carried MOVER: Gary Renberger SECONDER: Dale Wells AYES: Larry Gould, Janet Sprecker, Jessica Rhein, Mitch Adams, Gary Renberger, Chris Voth, Dale Wells, Jamie Werbin, and Michael Emond ABSENT: Dana Quigley 6 ANNOUNCEMENTS Commissioner Adams asked for announcements from the Commission. None were provided. Adams announced that the next meeting is October 20. Scott Knebel, City Planner, stated that the October 20 meeting is canceled. The next meeting is November 3 with two agenda items Commissioner Gould stated that since there will be no October 20 meeting, Commissioners should attend the last Third Thursday event of the year, held at Madison Avenue Central Park. Adams asked what activities and events are part of Third Thursday. Gould answered there is music, food, and food trucks. Page 9 of 10 Page 11 of 20  Commissioner Rhein added that there will also be a meet-and-greet at the library that day for political candidates. Adams asked if any Commissioners anticipated being absent from the November 3 meeting. No Commissioners indicated they would be absent. Knebel announced that the zone change for Sterling East has been withdrawn at the request of the applicant. 7 ADJOURNMENT Chris Voth moved, seconded by Larry Gould, to adjourn at 6:54 p.m. RESULT: Carried MOVER: Chris Voth SECONDER: Larry Gould AYES: Larry Gould, Janet Sprecker, Jessica Rhein, Mitch Adams, Gary Renberger, Chris Voth, Dale Wells, Jamie Werbin, and Michael Emond ABSENT: Dana Quigley Everett Haynes, Recording Secretary Mitch Adams, Chair Page 10 of 10 Page 12 of 20  New Business Item Subject: Zone Change: Sky Ridge Addition (R-1A “Urban Density Single-Family Residential District” to B-3 “General Business District”, R-2 “Two-Family Residential District”, and R-4 “Multiple-Family Residential District") Meeting: Planning Commission: November 3, 2022 Presented by: Scott Knebel, City Planner BACKGROUND: General Location: • Southeast corner of 55th St. S. and Rock Rd. (Location Map attached). Applicant/Agent: • Property Owner: Eric Gilbert, Murdock Properties, LLC • Agent: Phil Meyer, Baughman Company, PA Reason for Request: • Facilitate a 118.24-acre development with three commercial lots (16.28 acres), a lot for apartments (17 acres), 66 lots for duplexes (28.34 acres), and 100 lots for single-family residences (56.62 acres) (Zoning Exhibit attached). Background Information: • The 118.24-acre property was annexed on March 30, 2022, and was zoned R-1A "Urban Density Residential District" upon annexation. • The property is proposed to be platted as the Sky Ridge Addition. o Staff has reviewed a sketch plat and the applicant indicates that a preliminary plat will be submitted for Planning Commission review in the near future. o The final plat for the Sky Ridge Addition must be approved and recorded prior to the requested zone change becoming effective. • A zone change has been requested from the R-1A "Urban Density Residential District" to the B-3 “General Business District”, R-2 “Two-Family Residential District”, and R-4 “Multiple- Family Residential District". o The R-1A district is a special purpose district intended to provide higher-density single- family development in new neighborhoods through flexibility and innovation that permits a variety of housing types and zero lot line (ZLL) housing designs. o The B-3 district is intended to group the more intensive retail merchandising activities of the City into concentrated areas. The uses permitted in this district are intended to serve the shopping needs and activities of the City's residents and the residents of Derby's retail trade area. Typical uses in the B-3 district include retail, restaurants, offices, and vehicle maintenance. Page 13 of 20  o The R-2 district is intended to permit a slightly higher density than R-1A and allows additional housing types. The following additional housing types would be permitted by right if the the requested zone change to R-2 is approved. ▪ Accessory dwelling ▪ Single-family attached dwelling ▪ Two-family dwelling o The R-4 district is intended to permit high-density residential uses including apartments where such uses may be located along collector and arterial streets and have community facilities and services available. • Zone change requests require a public hearing. o Notice of the public hearing was published in the Derby Informer October 12, 2022. o Notices were mailed to neighboring property owners as prescribed by state law on October 7, 2022. o A sign advertising the public hearing was placed on the property on October 7, 2022. LEGAL CONSIDERATIONS: • Section 1100.C of the Zoning Regulations provides guidelines for matters which may be considered when approving or disapproving a zone change request. The Planning Commission may find that not all factors will be relevant to this zone change request. Matters that are determined by the Planning Commission to be important will be the basis for the Planning Commission's recommendation. In order to properly make a recommendation to the City Council, the Planning Commission must make specific and substantiated findings supporting its recommendation. FINDINGS OF FACT The following are the rezoning factors the Planning Commission must consider, a brief explanation of each factor, and staff's opinion on findings for each factor. 1. CHARACTER OF THE NEIGHBORHOOD: (Factual description of the application area and surrounding property as to general nature, condition, age of structures, etc.) o The subject property is on the north edge of Derby's developing area. o Currently the neighborhood is characterized primarily by agricultural and rural residential uses, but the predominate development pattern in the larger area is commercial and residential development along the Rock Rd. corridor. o The subject property is a logical expansion of this development pattern along the Rock Rd. corridor. 2. ZONING AND USES OF PROPERTIES NEARBY:(Factual description of surrounding property as to existing zoning and land uses.) Direction Zoning Classification Land Use(s) RR "Rural Residential" North Agriculture County zoning RR "Rural Residential" East Agriculture County zoning R-1 "Single-Family Derby North Middle South Residential" School RR "Rural Residential" West Agriculture County zoning Page 14 of 20 3. SUITABILITY OF THE SUBJECT PROPERTY FOR THE USES TO WHICH IT HAS BEEN RESTRICTED: (How is the property currently zoned and what uses are allowed on the property? Are there uses suitable given surrounding zoning and site criteria? Are the current allowed uses the only ones that might be appropriate for the property?) o The property is currently zoned R-1A "Urban Density Residential" which is intended for higher-density development in new neighborhoods through flexibility and innovation that permits a variety of housing types and zero lot line (ZLL) housing designs. o While the subject property is suitable for the residential uses permitted by the R-1A district, the applicant proposes a development with a mixture of commercial, single- family, two-family, and multi-family development, which requires the requested zone change. o The market for two-family and multi-family residential development is strong, and additional property zoned for two-family and multi-family residential uses is needed in Derby according to the recently completed Derby Housing Study. o Commercial development along the Rock Rd. corridor has been developing rapidly and additional commercial sites are need further north along Rock Rd. to support community growth. o The subject property is proximate to existing development, has suitable topography for development, and is located in an area where infrastructure and services are available to be extended to support development. 4. EXTENT TO WHICH REMOVAL OF THE RESTRICTIONS WILL DETRIMENTALLY AFFECT NEARBY PROPERTY:(Can the uses allowed in the requested district be good neighbors to existing development? This is a subjective question. The focus should be on facts, not fears, and should be based on issues that zoning can address [for example: allowed uses, minimum lot size, height, setbacks, traffic generation, landscaping and screening, use limitations, etc.]) o The proposed commercial development is located along the Rock Rd. corridor where commercial uses are prevalent. Site development standards such as screening and landscaping requirements will mitigate detrimental effects from commercial development on nearby residential uses, both existing and proposed. o The additional uses permitted by the requested R-2 district (accessory dwelling, single- family attached dwelling, and two-family dwelling) are compatible with the surrounding RR county zoning and existing agricultural uses as well as with future residential uses within the proposed development. The Zoning Regulations do not require screening or landscaping for duplexes or other residential uses permitted in the R2 district. o The proposed apartment development will be located along Rock Rd. and will provide screening and buffering as required by the Zoning Regulations from proposed single- family and duplex development. o A screening plan along 55th St. S. and Rock Rd. is required as a condition of approval for the plat and will provide a buffer from the abutting properties to the north and west. 5. LENGTH OF TIME THE SUBJECT PROPERTY HAS REMAINED VACANT AS ZONED:(Factual information, but its importance may be somewhat subjective. A property may be vacant because the current zoning is unsuitable, but there may be other reasons not related to zoning. Some examples might be a glut of available property of the same zoning district, financing problems, land speculation, fragmented ownership, lack of available public services, or other development problems.) o The property is currently vacant but was only recently zoned R-1A. o This is not a relevant factor in determining the appropriate zoning of the property. 6. GAIN TO THE PUBLIC HEALTH, SAFETY, AND WELFARE BY THE POSSIBLE DIMINUTION IN VALUE OF THE APPLICANT’S PROPERTY AS COMPARED TO THE HARDSHIP IMPOSED ON THE APPLICANT IF THE REQUEST IS DENIED:(The protection of public health, safety, and welfare is the primary basis for zoning. The relationship between Page 15 of 20  the property owner’s right to use and obtain value from their property and the City’s responsibility to its citizens should be weighed.) o The proposed development consisting of a mixture of commercial and residential uses is consistent with existing development patterns and will be developed in accordance with the City's development standards that will mitigate any potential hazards to public health, safety, and welfare. o If the zone change is disapproved, the value of the applicant's property presumably will be diminished because commercial, multi-family, and two-family development will not be allowed. 7. IMPACT OF THE PROPOSED DEVELOPMENT ON COMMUNITY FACILITIES: (Are water and sewer available for extensions? How are roads impacted? Can other community facilities [for example: police, fire, parks, libraries, and school(s) handle the increased development? Should be based on factual information referencing standards used to make the determination.) o Financial guarantees will be provided for the extension and/or expansion of transportation and utility infrastructure to serve the property. o Rock Rd. has sufficient capacity to handle increased traffic from the proposed development. Provisions will be made through the platting process to provide the necessary turn lane(s) and/or traffic signal(s) to serve the development. o 55th St. S. is unimproved. Provisions will be made through the platting process to pave 55th St. S. to serve the development. o Existing schools, parks, library, senior center, and other community facilities are sufficient to support the proposed development. o Police and fire have sufficient resources to provide public safety services to the subject property. 8. OPPOSITION OR SUPPORT OF NEIGHBORHOOD RESIDENTS: (Neighborhood support or opposition is just one of the factors to be considered in a decision to approve or deny a zoning request. Other applicable factors should also be considered.) o At the time of this writing, staff had received the attached letter of support for the application from the property owner to the north. Staff also had been contacted by a neighborhood resident with questions regarding the requested zone change. The resident did not indicate support for or opposition to the request. o The Planning Commission will need to consider any testimony provided during the public hearing. 9. CONFORMANCE OF THE REQUESTED CHANGE TO THE CITY'S MASTER OR COMPREHENSIVE PLAN: (Does the request agree with the adopted plan recommendations? If not, is the plan out-of-date or are there mitigating circumstances which speak to the nonconformity?) o The Future Land Use Map of the Vision Derby 2040 Comprehensive Plan identifies the subject property as appropriate for mixed-use, medium density residential uses, and low density residential uses. ▪ The proposed B-3 zoning is consistent with the mixed-use land use designation along Rock Rd. ▪ The proposed R-2 and R-4 zoning is consistent with the medium density residential land use designation. o The Vision Derby 2040 Comprehensive Plan has a goal of supporting community growth by creating new neighborhoods and supporting market demand. ▪ Market demand for new development is strong and approving the requested zone change will accomplish the goal of the comprehensive plan by creating a new neighborhood for market supported development. 10. RECOMMENDATION OF PROFESSIONAL PLANNING STAFF:(Should be based on the preceding factors, adopted plans and policies, other technical reports [such as, Capital Page 16 of 20  Improvement Plan, facility master plans, etc.] which speak to the topic and staff's best professional judgment.) o Based on the preceding findings, staff recommends approval of the zone change request. RECOMMENDED MOTION: • Forward a recommendation of approval to the City Council to change the zoning district classification of the subject property from R-1A "Urban Density Residential District" to B-3 “General Business District”, R-2 “Two-Family Residential District”, and R-4 “Multiple-Family Residential District" based on the findings of fact and subject to platting the subject property within one year. ATTACHMENTS: Location Map Zoning Exhibit Letter of Support Page 17 of 20  E. 55TH ST.S. Tract C R-2 B-3 Tract E Tract R-4 D ROCK RD. Tract B B-3 Tract A B-3 Proposed Rezoning Exhibit Page 18 of 20  ZONING EXHIBIT SKY RIDGE ADDITION WICHITA, SEDGWICK COUNTY, KANSAS E:\Projects\Gilbert 55th & Rock Plat_21-12-P731\Plat\Drawings\21-12-P731 - SUR - BSH with plats.dwg JULY 19, 2022 Tract Tract Tract Tract Tract BAUGHMAN COMPANY 315 Ellis St. Wichita, KS 67211 316-262-7271 A B C D E BaughmanCo.com Page 19 of 20  Scott Knebel From: Robert G. Taylor ll <robert.g.tay|or2@gmail.com> Sent: Wednesday, October 12, 2022 11:32 PM To: Scott Knebel Cc: Tim Garvey Subject: Planning Commission hearing Nov. 3 - Attachments: 2020-10-1 —Derby—ZoningPlanningMeetingNotice (2).pdf Good Evening Scott: We are very interested in the upcoming Planning Commission where the request for zone changes for the property south of 55th Street will be discussed. Of interest to Garvey Ventures are any discussions related to the new zoning designations; roadway locations/alignments/intersections impacting 55th Street; and any comments related to future infrastructure and utilities. Obtaining a copy of the staff report willbe helpful to understanding the details of the application request and staff comments. May we obtain a copy of the staff report through you? Generally, we support the application request and may decide to be in attendance to observe the staff and applicant presentations. This will also be educational for us to observe the general proceedings of the Planning Commission in a public hearing process. In the event any comments, or questions, are directed toward the Garvey property ownership, and its future interests, we will need to respond respectfully. Thank you. - Robert G. Taylor ll Robert Taylor Collective, LLC (970) 290-1437 Page 20 of 20