Planning Commission

AGENDA Planning Commission Meeting 6:30 PM - Thursday, December 1, 2022 Council Room Page 1. CALL MEETING TO ORDER 2. ROLL CALL 3. CONSIDERATION OF MINUTES 3.A. Adoption of Minutes 3-7 Recommended Motion: Approve the regular meeting minutes of November 17, 2022, as presented. November 17, 2022 Meeting Minutes 4. PUBLIC FORUM 5. NEW BUSINESS 5.A. One-Step Plat: Old Ranch 2nd Addition 9 - 15 Recommended Motion: Approve the one-step plat of Old Ranch 2nd Addition subject to staff comments and discussion, authorize the applicant to proceed with the final plat tracing, and forward a recommendation of approval to the City Council. Agenda Item Report - AIR-22-252 - Pdf 5.B. Preliminary Plat: Sky Ridge Addition 17 - 29 Recommended Motion: Approve the preliminary plat, subject to the staff comments and discussion and authorize the applicant to proceed with preparation of the final plat. Agenda Item Report - AIR-22-257 - Pdf 6. ANNOUNCEMENTS 7. ADJOURNMENT December 1, 2022 Planning Commission Agenda Packet Page 1 of 29 December 1, 2022 Planning Commission Agenda Packet Page 2 of 29  November 17, 2022 Planning Commission Meeting Minutes MINUTES Planning Commission Meeting 6:30 PM - Thursday, November 17, 2022 Council Room The Planning Commission of the City of Derby was called to order on Thursday, November 17, 2022, at 6:30 PM, in the Council Room, with the following members present: PRESENT: Larry Gould Jessica Rhein Mitch Adams Gary Renberger Chris Voth Dana Quigley Dale Wells Jamie Werbin Michael Emond ABSENT: Janet Sprecker 1 CALL MEETING TO ORDER 2 ROLL CALL 3 CONSIDERATION OF MINUTES a) Adoption of Minutes Gary Renberger moved, seconded by Chris Voth, to approve the regular meeting minutes of November 3, 2022, as presented. RESULT: Carried MOVER: Gary Renberger SECONDER: Chris Voth AYES: Larry Gould, Jessica Rhein, Mitch Adams, Gary Renberger, Chris Voth, Dale Wells, Jamie Werbin, and Michael Emond ABSTAINED: Dana Quigley ABSENT: Janet Sprecker 4 PUBLIC FORUM Wayne Petrik, 7550 S. 103rd St. East, addressed the Commission. Petrik read Item 9 on page 57 of the Vision Derby 2040 Comprehensive Plan in regards to transparent and collaborative leadership. Petrik is concerned that the City is not consulting adjacent property owners within the extraterritorial Page 1 of 5 December 1, 2022 Planning Commission Agenda Packet Page 3 of 29  November 17, 2022 Planning Commission Meeting Minutes jurisdiction in the planning process. Extraterritorial jurisdiction: Extraterritorial residents and owners are affected but unable to vote within Derby. These residents need to be included in the planning processes. Five minutes of speaking during a public forum or public hearing is not sufficient. Extraterritorial residents and property owners need to be an integral part of the process along with developers as the Zoning and Subdivision Regulations are updated. Extraterritorial residents and property owners need to be added as partners within the Comprehensive Plan (Table 9.1 Chapter 3 Land Use & Urban Design). No one is against growth and change that is accomplished in a responsible way but extraterritorial residents and owners need to be part of the process. Brad Silverstein, 7719 S. Greenwich Rd., addressed the Commission and agrees with Mr. Petrik's comments. Having reviewed the implementation schedule of the Comprehensive Plan, private property owners are no where to be found in Chapter 3, only developers. There is a conflict of interest where developers and the City seek to gain but residents (both within Derby and those in the extraterritorial jurisdiction) have no input until things are in place. Silverstein asks that both Derby property owners and extraterritorial property owners be involved in the process. Would like to be able to speak outside of the public forum and address items directly rather than in more general terms and be stakeholders in future growth. Do not want to hinder growth but want to be part of the process. Concerns with unilateral annexation and no input, not great for those who have chosen where they live. Want to work with the City to help it grow and do not want to see Derby become stagnant but do not want to be overridden and treated like children. Appreciates the Planning Commission listening to their concerns. Joe Robinson, 11605 E. 79th St. South, addressed the Commission. Purchased his property with the intention of farming and ranching at a time when there was no development east of Rock Rd. Does not need high density housing to be across the street and is concerned with the well-being of his animals. He has spoken to neighbors, none were aware, are furious, and do not want increased traffic and high-density housing in an otherwise rural area. Most emotional issue that he has faced since the loss of his son. 5 NEW BUSINESS a) Annual Review of the Comprehensive Plan BACKGROUND: • State law requires the Planning Commission to review the comprehensive plan on an annual basis in order to determine if plan implementation is on track and if updates to the plan or the zoning and subdivision regulations are needed. • The Vision Derby 2040 Comprehensive Plan has 53 recommended actions that are described in the attached Implementation Schedule. • The attached Annual Review for 2022 summarizes the progress towards implementing the recommended actions of the comprehensive plan. Page 2 of 5 December 1, 2022 Planning Commission Agenda Packet Page 4 of 29  November 17, 2022 Planning Commission Meeting Minutes o The majority (29) of the recommended actions are on-going policy direction. In 2022, the policy direction of the comprehensive plan consistently has been followed. o The remainder of the recommended actions are short-term, medium-term, and long-term goals. Six of the ten short-term actions have been completed, which resulted in updated zoning and subdivision regulations and an updated Parks Master Plan. o Progress is being made on many of the other goals, and overall, implementation of the recommended actions of comprehensive plan is on track. • One of the major implementation initiatives of the comprehensive plan was to update the zoning and subdivision regulations. o The regulation updates were extensive and were made knowing some provisions might not work as intended or could be improved. o Staff has been tracking issues with administering the regulations and has prepared the attached Topics for Zoning and Subdivision Regulation Review. o It is staff's opinion that the extent of the identified topics warrant initiating amendments to the zoning and subdivision regulations at this time. POLICY IMPLICATIONS: • The Planning Commission Bylaws provide for the Chairperson, with the consent of the Commission, to appoint committees as needed to assist with the business of the Commission. • Staff recommends that a steering committee be appointed to oversee the process of updating the zoning and subdivision regulations as follows: o City Manager o Assistant City Manager for Development o Director of Public Works o City Planner o Two City Council Members o Two Planning Commissioners o One member of the Community Development Advisory Board • It is anticipated that the steering committee will begin working in 2023 and take approximately three to four months to develop recommended updates to the regulations. RECOMMENDED MOTION • Initiate the process to update the zoning and subdivision regulations and appoint a steering committee to oversee the process. Scott Knebel, City Planner, presented the staff report. Commissioner Adams commended staff for the report and the growth and improvements in the city. Adams indicated support for appointing a steering appointment. Commissioner Rhein stated she appreciates the comments provided during the public forum. The Planning Commission is composed of volunteers, with three members living outside of city limits in the extraterritorial jurisdiction. The Commission looks at the community as a whole and guides growth. During Page 3 of 5 December 1, 2022 Planning Commission Agenda Packet Page 5 of 29  November 17, 2022 Planning Commission Meeting Minutes previous public hearings/forums, she heard many say that they enjoy living close to Derby but do not like Derby growing so close to them. She sympathizes with the concerns as she grew up in a small town which grew and eventually moved because of the growth. However, you cannot have it both ways: people enjoy the services and conveniences that the City provides and more people would like to enjoy those too. The city has to grow in order to provide those services to others. Some residents are more concerned with what is going in their back yard rather than the community as a whole but the Commission is looking at the whole community. Rhein asked if the State sets the laws on notification area. Knebel answered that state law dictates notification area. Rhein stated that the notification area could be expanded but where do we stop. Commissioner Wells thanked those in attendance for their comments and involvement. The City cannot take land through eminent domain unless it is for a public need. If their neighbors sell their land, a developer is most likely going to buy it. Plans help guide orderly growth and he empathizes with their concerns and understands that they do not want an urban neighborhood next to them. However, cities have to have plans and orderly growth--a vision. City cannot do anything unless land is acquired by or sold to developers. Understands it is not a pleasant experience but the Commission does its best to minimize negative effects and is interested in people's concerns. Encouraged those in attendance to review the website and staff reports for future projects and to be involved. Adams stated that Commissioners are not elected but appointed by the mayor. They all applied and people are welcome to apply if there is an opening on the Commission. The Comprehensive Plan went through public open houses and comment periods for community input prior to adoption. Adams thanked those in attendance for attending. Dale Wells moved, seconded by Chris Voth, to initiate the process to update the zoning and subdivision regulations and appoint a steering committee to oversee the process. RESULT: Carried MOVER: Dale Wells SECONDER: Chris Voth AYES: Larry Gould, Jessica Rhein, Mitch Adams, Gary Renberger, Chris Voth, Dana Quigley, Dale Wells, Jamie Werbin, and Michael Emond ABSENT: Janet Sprecker 6 ANNOUNCEMENTS Commissioner Adams asked for announcements from the Commission. None were provided. Adams announced that the next meeting is December 1 and asked if any agenda items had been submitted. Scott Knebel, City Planner, answered there are two items, a preliminary plat and one-step plat. Adams asked if any Commissioners anticipated being absent from the December 1 meeting. No Commissioners indicated they would be absent. Everett Haynes, Assistant City Planner, asked if any Commissioners anticipated being absent from the December 15. Commissioners Gould and Quigley indicated they may be absent from the meeting. Page 4 of 5 December 1, 2022 Planning Commission Agenda Packet Page 6 of 29  November 17, 2022 Planning Commission Meeting Minutes 7 ADJOURNMENT Gary Renberger moved, seconded by Jessica Rhein, to adjourn at 7:07 p.m. RESULT: Carried MOVER: Gary Renberger SECONDER: Jessica Rhein AYES: Larry Gould, Jessica Rhein, Mitch Adams, Gary Renberger, Chris Voth, Dana Quigley, Dale Wells, Jamie Werbin, and Michael Emond ABSENT: Janet Sprecker Everett Haynes, Recording Secretary Mitch Adams, Chair Page 5 of 5 December 1, 2022 Planning Commission Agenda Packet Page 7 of 29 December 1, 2022 Planning Commission Agenda Packet Page 8 of 29  New Business Item Subject: One-Step Plat: Old Ranch 2nd Addition Meeting: Planning Commission: December 1, 2022 Presented by: Everett Haynes, Assistant City Planner BACKGROUND: General Location: West of Duckcreek Ln. and Tall Tree Rd., northeast of Wal-Mart (Location Map attached). Applicant/Agent: • Applicant: City of Derby and Old Ranch Homeowners' Association • Agent: Dan Squires, Assistant City Manager for Development and Rebecca Hopper, Old Ranch Homeowners' Association President Reason for Request: Divide Reserve A, Old Ranch Addition into two reserves to facilitate transfer of ownership to City of Derby for future road construction. Background Information: • The City of Derby and the Old Ranch Homeowners's Association (HOA) have applied to replat Reserve A, Old Ranch Addition into two separate reserves to facilitate transfer of ownership of the rear 489 ft. of the reserve to the City of Derby. The City Council approved the real estate transfer agreement on May 10, 2022. o Reserve B, Old Ranch 2nd Addition will remain under the ownership and care of the Old Ranch HOA. o Reserve A, Old Ranch 2nd Addition will be transferred to the City in order to facilitate future improvements as envisioned by the K-15 Area Plan, including establishing right- of-way for a street connection to Wal-Mart. o The City will assume maintenance of Reserve A as well as the right-of-way along Buckner St. upon recording of the plat and transfer of ownership. o A sidewalk from Duckcreek Ln. to the K-15 area through the reserves will be constructed with the street improvements. • The subject property was originally dedicated as part of the Old Ranch plat in 1996 for drainage purposes, utilities, open space, landscaping, sidewalks, parking, and neighborhood recreational facilities. o A small playground, basketball court, and bench currently occupy the current reserve's front portion along Duckcreek Ln. Replatting the reserve into two separate reserves will not affect the existing recreational facilities. December 1, 2022 Planning Commission Agenda Packet Page 9 of 29 POLICY IMPLICATIONS: 1. Plat Name: The proposed plat name is "Old Ranch 2nd Addition an Addition to Derby, Sedgwick County, Kansas." The plat name does not duplicate the name of any existing plat. o The quarter-section, section, township, and range reference is missing from the plat title o Staff Recommendation: i. The quarter-section, section, township, and range shall be included with the plat title. 2. Legal Description: The legal description is properly identified on the plat. 3. Lots: No lots are proposed. 4. Blocks: Since the plat is only comprised of reserves, a block designation is not required. 5. Streets and Access: The site is currently adjacent to Duckcreek Ln which serves as the legal access to the site. o A 70 ft. right-of-way dedication is proposed along the west boundary of Reserve A to facilitate the future realignment of Nelson Dr. and Johnson Dr. The right-of-way will accommodate a public street stub from Wal-Mart to a roundabout northwest of the reserve. Consultation with the City's design consultant, TranSystems, suggests a 100 ft. of right-of-way is necessary to facilitate the street connection. ▪ The additional right-of-way is necessary due to existing topography, to preserve the tree row along the west boundary, and to facilitate a curved street segment. o A pedestrian path from Duckcreek Ln. to the K-15 area is proposed with the street improvements. The Reserve B language should be modified to permit the proposed pedestrian path. o Reserve A will not be immediately adjacent to an existing public street or access point, which bars legal access to the reserve from a public street. The plat text shall be amended to indicate that access to Reserve A shall be gained through Reserve B. o Staff Recommendation: i. Provide an additional 30 ft. of right-of way for Johnson Dr. ii. The plat text shall be amended to indicate that a public sidewalk may be constructed connecting Reserve A to Duckcreek Ln. iii. The plat text shall be amended to indicate that access to Reserve A shall be gained through Reserve B. 6. Building Setbacks: The subject property is zoned R-1 "Single-Family Residential District." The R-1 district requires a minimum 25 ft. front building setback. Side and rear setbacks are not typically identified on a plat as compliance with these setbacks is reviewed as part of the construction permit process. o A 25 ft. front setback is properly identified along the east boundary of Reserve B. o A 25 ft. front setback is required along the west boundary of Reserve A. o Staff Recommendation: i. A 25 ft. front building setback shall be provided along the west boundary of Reserve A. 7. Easements: o Many of the easements depicted on the plat are carried over from the existing Old Ranch plat. Several additional easements recorded by separate instrument or not properly identified on the original Old Ranch plat are identified: ▪ 10 ft. wide pipeline easement along the south boundary of Reserve B, dedicated January 1997. There is a 4 in. gas line operated by Kansas Gas Service within the easement. • Kansas Gas Service has reviewed the plat and requests to monitor any grading activities that may occur in this easement. ▪ A 25 ft. Rural Water District #3 water pipeline easement along the east boundary of Reserve B. December 1, 2022 Planning Commission Agenda Packet Page 10 of 29  ▪ A 36 in. stormwater sewer is identified on the preliminary plat crossing Reserve B. The reserve language indicates that both Reserves A and B are reserved for drainage purposes which permits the stormwater sewer. ▪ Evergy requests a 10 ft. wide utility easement along the west boundary of Reserve A, adjacent to the Johnson Dr. right-of-way dedication. o Staff Recommendations: ▪ A 10 ft. utility easement shall be provided along the west boundary of Reserve A. 8. Reserves: Two reserves are proposed. Reserve A will be deeded to the City following recording of the plat. Reserve B will remain under the ownership of the Old Ranch HOA. o The plat text indicates that Reserve A is reserved for drainage, open space, sidewalk and street purposes. ▪ Utilities are also present within the reserve and the plat text needs to be amended to indicate that utilities are permitted within the reserve when confined to easements. o The plat text indicates that Reserve B is reserved for drainage, recreational, and sidewalk purposes. ▪ Reserve A, Old Ranch Addition was originally reserved for drainage purposes, utilities as confined to easements, open space, landscaping, sidewalks, parking, and neighborhood recreational activities. The proposed plat text should include all of the existing language in order to maintain the current uses in the area that will become Reserve B. ▪ Utilities are present within the reserve and the plat text shall be amended to indicate that utilities are permitted within the reserve as confined to easements. o Staff Recommendations: i. The plat text shall be amended to indicate that utilities are permitted within both reserves as confined to easements. ii. The original uses reserved for Reserve A, Old Ranch Addition shall be included in the permitted uses for Reserve B, Old Ranch 2nd Addition. 9. Drainage: Reserve A, Old Ranch Addition currently contains the primary drainage facilities that serve the Old Ranch development with a detention basin. Reserve A, Old Ranch 2nd Addition will continue to function as the primary detention facility upon replatting. o Drainage within Old Ranch is collected via curb inlets and stormwater sewers that converge at a curb inlet east of Reserve A, Old Ranch Addition along the west side of Duckcreek Ln. Drainage is then directed through a 36 in. line to the detention facility in the rear portion of the reserve o Existing drainage facilities will continue to function as originally designed and intended. The future construction of Nelson Dr./Johnson Dr. through Reserve A, Old Ranch 2nd Addition may require redesign and reconstruction of the detention facility in order to operate as originally intended. This work will be included as part of the road project. 10. Public Improvements: o Streets: The purpose of the plat is to facilitate construction of a public street within the proposed road right-of-way dedication to facilitate realignment of Nelson Dr./Johnson Dr. in accordance with the K-15 Area Plan. o Sanitary Sewer: Extension of sanitary sewer is not proposed with this replat. o Water: Extension of municipal water is not proposed with this replat. o Stormwater Sewer: The existing stormwater sewer lines and detention basin will remain for the immediate future. The detention basin and the 24 in. reinforced concrete pipes located at the west edge of the basin may require redesign and relocation pending the final design of the Nelson Dr./Johnson Dr. realignment project. o Fire Protection: Derby Fire and Rescue has reviewed the replat and recommend approval as presented. o Private Utilities: December 1, 2022 Planning Commission Agenda Packet Page 11 of 29  ▪ Kansas Gas Service has reviewed the plat and requests to monitor any grading activities that may occur in the 10 ft. pipeline easement located along the south boundary of Reserve B. ▪ Evergy has reviewed the plat and requests a 10 ft. wide easement along the west boundary of Reserve A, adjacent to the Johnson Dr. right-of-way dedication. o Staff Recommendations: i. Kansas Gas Service shall be contacted in the event any grading activities are performed in the 10 ft. pipeline easement along the south boundary of Reserve B. ii. A 10 ft. utility easement shall be provided along the west boundary of Reserve A. 11. Guarantee for Installation of Public Improvements: Public improvements are not immediately proposed with this replat; therefore, petitions are not required for extension of public improvements. 12. Plat Binder: A plat binder, identifying all encumbrances and interests, was submitted with the plat. 13. Developer's Agreement: A Developer's Agreement is required prior to City Council review. The agreement shall specify ownership and maintenance responsibility for Reserve B and provide a mechanism for the City to maintain the reserve and recover the proportional cost from the HOA if the specified maintenance responsibility is not fulfilled by the HOA. o Staff Recommendation: i. A Developer's agreement shall be prepared by City staff and signed by all necessary parties. 14. Miscellaneous: o There are existing restrictive covenants on file that will need to be amended to reflect the change in ownership and new configuration of the reserves. o Staff Recommendations: i. An amended version of the existing restrictive covenants that refer to Reserve A, Old Ranch Addition shall be drafted by City staff and signed by all necessary parties prior to City Council review. RECOMMENDED MOTION: • Approve the one-step plat of Old Ranch 2nd Addition subject to staff comments and discussion, authorize the applicant to proceed with the final plat tracing, and forward a recommendation of approval to the City Council. ATTACHMENTS: Location Map Preliminary Plat: Old Ranch 2nd Addition Final Plat: Old Ranch 2nd Addition December 1, 2022 Planning Commission Agenda Packet Page 12 of 29  One-Step Plat Location Map: Old Ranch 2nd Addition Old Ranch Subject Property Tall Tree Rd. Buckner St.. Wal-Mart Duck Creek December 1, 2022 Planning Commission Agenda Packet Page 13 of 29 Page 14 of 29 December 1, 2022 Planning Commission Agenda Packet Page 15 of 29 December 1, 2022 Planning Commission Agenda Packet December 1, 2022 Planning Commission Agenda Packet Page 16 of 29  New Business Item Subject: Preliminary Plat: Sky Ridge Addition Meeting: Planning Commission: December 1, 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: Kris Rose, Baughman Company, PA Reason for Request: • Facilitate a 118.24-acre mixed-use development with three commercial lots (14.96 acres), a lot for apartments (16.69 acres), 66 lots for duplexes (28.34 acres), and 100 lots for single-family residences (58.25 acres). Background Information: • The 118.24-acre property was annexed on March 30, 2022 and was zoned R-1A "Urban Density Residential District" upon annexation. • A zone change request 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" was recommended for approval by the Planning Commission on November 3, 2022, subject to platting the property within one year. • The zone change request will be considered by the City Council on December 13, 2022. POLICY IMPLICATIONS: 1. Plat Name: The plat is proposed to be named Sky Ridge Addition, which does not duplicate any other subdivision names used 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. December 1, 2022 Planning Commission Agenda Packet Page 17 of 29  3. Lots: The preliminary plat proposes a total of 215 lots, which are labeled appropriately with the exception of the lot numbers in Block B, which are not numbered consecutively; the front lot dimension label for Lot 2, Block A; and the rear lot dimension labels of Lots 3 and 5, Block K. The applicant proposes to rezone the property. If approved, the property will be developed in accordance with the provisions listed below, and all proposed lots meet minimum requirements for area, width, and depth. o Minimum Lot Area: ▪ R-1A: Required - 4,800 sq. ft. Proposed - 5,106 sq. ft. ▪ R-2: Required - 6,000 sq. ft. Proposed - 9,000 sq. ft. ▪ R-4: Required - 4,800 sq. ft. Proposed - 740,520 sq. ft. ▪ B-3: Required - 3,600 sq. ft. Proposed - 125,017 sq. ft. o Minimum Lot Width: ▪ R-1A: Required - 40 ft. Proposed - 50 ft. ▪ R-2: Required - 50 ft. Proposed - 75 ft. ▪ R-4: Required - 50 ft. Proposed - 607.82 ft. ▪ B-3: Required - 30 ft. Proposed - 350 ft. o Minimum Lot Depth: ▪ R-1A: Required - 80 ft. Proposed - 100 ft. ▪ R-2: Required - 90 ft. Proposed - 112.76 ft. ▪ R-4: Required - 90 ft. Proposed - 1,217.95 ft. ▪ B-3: Required - 60 ft. Proposed - 352.01 ft. o Staff Recommendation: i. Lot 1, Block B shall be at the southeast corner of Sky Ridge St. and Liberty Ln., and the lots in Block B shall be numbered consecutively in a counter-clockwise manner from this lot. ii. The front lot dimension label for Lot 2, Block A shall be corrected. iii. The rear lot dimension labels for Lots 3 and 5, Block K shall be corrected. 4. Blocks: Eleven 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. Many of the proposed blocks are comprised of both lots and reserves. For the purpose of calculating block length and perimeter, reserves that permit pedestrian connections are excluded because the intent of the regulation is to ensure frequent pedestrian connections in order to promote walkable development. ▪ Block A has a maximum block length of 1,443.1 ft., which exceeds the maximum permitted block length by 843.1 ft. or 2.4 times longer than permitted, and a perimeter of 3,902.69 ft., which exceeds the maximum permitted perimeter by 1,502.69 ft. or 1.6 times longer than permitted. Block A contains both commercial and single-family residential lots backing up to one another. While direct connections between commercial and residential uses results in a more walkable development pattern, providing narrow pedestrian corridors between houses to access the back of commercial lots is not the intent of the block length and perimeter requirements; therefore, a modification of the requirement is warranted. ▪ Block B west of Reserve C has a maximum block length of 1,537.17 ft., which exceeds the maximum permitted block length by 937.17 ft. or 2.6 times longer than permitted, and a perimeter of 3,287.05 ft., which exceeds the maximum permitted perimeter by 887.05 ft. or 1.4 times longer than permitted. Providing a 20 ft.-wide extension of Reserve C to Liberty Lane between Lots 55 and 56, Block B would meet the intent of of the block length and perimeter requirements and a modification of the requirement would be warranted. ▪ Block B east of Reserve C and south of the southern-most Reserve C extension has a maximum block length of 602.97 ft., which exceeds the maximum December 1, 2022 Planning Commission Agenda Packet Page 18 of 29  permitted block length by 2.97 ft. or less than one percent, and a maximum perimeter of 1,193.89 ft., which meets requirements. The additional block length is minor in nature and warrants a modification. ▪ Block B east of Reserve C between the two stubs of Reserve C has a maximum block length of 1,437.3 ft., which exceeds the maximum permitted block length by 837.3 ft. or 2.4 times longer than permitted, and perimeter of 2,350.76 ft., which meets requirements. The block length is extended by the curvilinear street pattern. Therefore, the spirit and intent of the regulation is maintained, and a modification is warranted. ▪ Block B east of Reserve C and north of the northern-most Reserve C extension has a maximum block length of 913.15 ft., which exceeds the maximum permitted block length by 313.5 ft. or 1.5 times longer than permitted, and a perimeter of 1,855.22 ft., which meets requirements. Since this portion of Block B has access to Reserve C at the north and south end of the block, the spirit and intent of the regulation is maintained, and a modification is warranted. ▪ Block C has a maximum block length of 442.87 ft. and a perimeter of 1,422.82 ft., which both meet requirements. ▪ Block D has a maximum block length of 297.08 ft. and a perimeter of 902.82 ft., which both meet requirements. ▪ Block E west of Reserve H has a maximum block length of 589.6 ft. and a perimeter of 1,522.63 ft., which both meet requirements. ▪ Block F has a maximum block length of 601.66 ft., which exceeds the maximum permitted block length by 1.66 ft. or less than one percent, and a perimeter of 1,618.98 ft., which meets requirements. The additional block length is minor in nature and warrants a modification. ▪ Block G has a maximum block length of 610.79 ft., which exceeds the maximum permitted block length by 10.79 ft. or less than two percent, and a perimeter of 1,749.36 ft., which meets requirements. The additional block length is minor in nature and warrants a modification. ▪ Block H has a maximum block length of 560.2 ft. and a perimeter of 1,352.67 ft., which both meet requirements. ▪ Block I has a maximum block length of 555.68 ft. and a perimeter of 1,570.47 ft., which both meet requirements. ▪ Block J has a maximum block length of 2,011.99 ft., which exceeds the maximum permitted block length by 1,411.99 ft. or 3.4 times longer than permitted, and a perimeter of 5,575.84 ft., which exceeds the maximum permitted perimeter by 3,175.84 ft. or 2.3 times longer than permitted. Block J has commercial and multi-family lots backing up to duplex lots. While direct connections between commercial and residential uses results in a more walkable development pattern, providing narrow pedestrian corridors between duplexes to access the back of commercial and multi-family lots is not the intent of the block length and perimeter requirements; therefore, a modification of the requirement is warranted. ▪ Block K west of Reserve F has a maximum block length of 655.95 ft., which exceeds the maximum permitted block length by 55.95 ft. or 9.3 percent, and perimeter of 1,325.01 ft., which meets requirements. The additional block length is minor in nature and warrants a modification. o Staff Recommendations: i. Approve a modification to permit Block A to have a maximum block length of 1,443.1 ft. and a maximum perimeter of 3,902.69 ft. ii. Extend Reserve C to Liberty Lane between Lots 55 and 56, Block B where a 20 ft.-wide drainage and utility easement is currently proposed. December 1, 2022 Planning Commission Agenda Packet Page 19 of 29  iii. Approve a modification to permit Block B east of Reserve C and south of the southern-most Reserve C extension to have a maximum block length of 602.97 ft. iv. Approve a modification to permit Block B east of Reserve C between the two stubs of Reserve C to have a maximum block length of 1,437.3 ft. v. Approve a modification to permit Block B east of Reserve C and north of the northern-most Reserve C extension to have a maximum block length of 913.15 ft. vi. Approve a modification to permit Block F west of Reserve G to have a maximum block length of 601.66 ft. vii. Approve a modification to permit Block G west of Reserve E to have a maximum block length of 610.79 ft. viii. Approve a modification to permit Block J to have a maximum block length of 2,011.99 ft. ft. and a maximum perimeter of 5,575.84 ft. 5. Streets and Access: The plat is adjacent to 55th St. S. to the north and Rock Rd. to the west. The property is also adjacent to Freedom St. to the south; however, there is an intervening reserve that permits public street crossings but not private drive access. o 55th St. S.: ▪ Half-street right-of-way for 55th St. S. is currently 30 ft. • An additional 30 ft. of right-of-way is proposed to be dedicated for for the majority of the length of 55th St. S. The dedication tapers to an additional 45 ft. of right-of-way near the intersection with Rock Rd. With the dedications, the half-street right-of-way meets requirements. ▪ Complete access control is platted along 55th St. S. except for one opening for a private drive for Lot 1, Block J and openings for Liberty Ln. and Amber Ridge St. 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. The intent of the regulation is to promote safety on higher-speed streets by reducing the number of turning conflicts through limits on the number of access points. • The private drive to serve Lot 1, Block J is 590.89 ft. from Rock Rd., which is 69.11 ft. or 11.7% less than required. The proposed modification is minor in nature and maintains the spirit and intent of the regulation. • Liberty Ln. and the private drive to Lot 1, Block J are 237.27 ft. apart, which is 422.73 ft. or 2.8 times less than required. Strict compliance with the regulation is not feasible due to site topography which requires a drainage detention facility in the northeast corner of the subject property thus requiring all access points to 55th St. S. to be located in the western two-thirds of the subject property. • Amber Ridge St. and Liberty Ln. are 605.79 ft. apart, which is 54.95 ft. or 9.1% less than required. The proposed modification is minor in nature and maintains the spirit and intent of the regulation. • The private drive to the unplatted tract east of the subject property and Amber Ridge St. are 564.28 ft. apart, which is 95.72 ft. or 17% less than required. The proposed modification is minor in nature and maintains the spirit and intent of the regulation. o Rock Rd.: ▪ Half-street right-of-way for Rock Rd. is currently either 45 or 50 ft. • An additional 20 or 25 ft. of right-of-way is proposed to be dedicated for for the length of Rock Rd., With the dedications, the half-street right-of-way meets requirements. ▪ Complete access control is platted along Rock Rd. except for an opening for Sky Ridge St. and openings for a private drive to Lot 1, Block J, Lot 1, Block A, and December 1, 2022 Planning Commission Agenda Packet Page 20 of 29  Lot 30, Block A. 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. • 55th St. S. and the private drive to Lot 1, Block J are 585.15 ft. apart, which is 74.85 ft. or 12.8% less than required. The proposed modification is minor in nature and maintains the spirit and intent of the regulation. • The private drive to Lot 1, Block J and Sky Ridge St. are 710 ft. apart, which meets requirements. • Sky Ridge St. and the private drive to Lot 1, Block A are 360 feet apart, which is 300 ft. or 1.8 times less than required. The Subdivision Regulations permit a right-in/right-out drive at the proposed location. • The private drive to Lot 1, Block A and and the private drive to Lot 30, Block A are 707.82 ft. apart, which meets requirements. • Freedom St. and the private drive to Lot 30, Block A are 358.52 ft. apart, which is 301.48 ft. or 1.8 times less than required. The Subdivision Regulations permit a right-in/right-out drive at the proposed location. o Freedom St.: ▪ Freedom St. is a collector street running parallel to the south property line of the subject property. An intervening Reserve prevents direct access from the subject property to Freedom St. except for public street connections, which are permitted by the Reserve language. The applicant is advised that if private drive access to Freedom St. for Lot 30, Block A is desired a Vacation of the plat text for Reserve B, USD 260 Middle School Addition is required. An alternative is to plat a public street connection to Freedom St. for Lot 30, Block A. ▪ Freedom St. is proposed to intersect with Amber Ridge St. However, the dedicated right-of-way for Freedom St. does not extend to the eastern edge of the proposed Amber Ridge St. right-of-way. Additional right-of-way for Freedom St. needs to be dedicated to enable the proposed intersection to be constructed. o Local Streets: ▪ With the exception of Amber Ridge St., which is proposed as a collector street with 70 feet of right-of-way, the internal streets are proposed to be local streets with 60 ft. of right-of-way. Sky Ridge St. is proposed to provide access to a commercial lot. The Subdivision Regulations require 70 ft. of right-of-way for local streets providing access to commercial lots. ▪ Cul-de-sacs are proposed to have a 55-ft. radius, which meets requirements. ▪ Each of cul-de-sacs is shorter than the maximum permitted length of 300 ft. ▪ Direct access to lots from minor collector streets like the proposed Amber Ridge St. is limited to one full-movement access point every 220 ft. • The plat proposes lots that have direct access from Amber Ridge St. approximately every 50 to 75 ft. • The designated land use in the Comprehensive Plan along the proposed Amber Ridge St. is "medium density residential". • The proposed land use would be classified as "low density residential". Therefore, a modification of the access limitations along Amber Ridge St. is warranted. • An alternative approach of allowing direct access to Amber Ridge St. for all lots that front the street but not the corner lots with another street frontage would accomplish the intent of the access limitations. ▪ Subdivisions are required to provide street extensions to all adjoining land at least every 1,320 ft. If street extensions are provided less frequently than every 660 ft., an intervening pedestrian and access way is required. December 1, 2022 Planning Commission Agenda Packet Page 21 of 29  • The subject property's eastern boundary is 2,602.16 ft., which requires a minimum of two street extensions to the west. Three street extensions are proposed to the east, which meets requirements. • The subject property's southern boundary is 1,810 ft., which requires a minimum of one street extension to the south. Two street extensions are proposed to the south, which meets requirements. o Staff Recommendations: i. Approve a modification to permit 590.89 ft. of access control between Rock Rd. and the private drive for Lot 1, Block J. ii. Approve a modification to permit 237.27 ft. of access control between the private drive for Lot 1, Block J and Liberty Ln. iii. Approve a modification to permit 605.79 ft. of access control between Liberty Ln. and Amber Ridge St. iv. Approve a modification to permit 564.28 ft. of access control between Amber Ridge St. and the private drive to the unplatted tract east of the subject property. v. Approve a modification to permit 585.15 ft. of access control between 55th St. S. and the private drive for Lot 1, Block J. vi. The final plat shall designate the opening to Lot 1, Block A as right-in/right-out only. vii. The final plat shall designate the opening to Lot 30, Block A as right-in/right-out only. viii. The final plat shall make provisions for Lot 30, Block A to gain access to Freedom St. through a Vacation of plat text to permit a private drive, platting a new street extension, or other acceptable approach. ix. Right-of-way for Freedom St. sufficient to construct the proposed intersection with Amber Ridge St. shall be dedicated by separate instrument. x. The final plat shall dedicate 70 ft. of right-of-way for Sky Ridge St. xi. Access control for all corner lots abutting Amber Ridge St. shall be platted along the lots' Amber Ridge St. frontage. 6. Building Setbacks: o Front setback lines are required to be platted for each lot. o Each lot has a platted front setback line that meets or exceeds the front setback requirement of the zoning classification proposed for the lot. 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 ft. and wider may be required when necessary to protect rows of trees and other natural features. o Easements are proposed consistent with the requirements of the Subdivision Regulations. o Evergy requested additional easements across the front of most lots. o Staff Recommendations: i. The final plat shall dedicate the additional easements requested by Evergy. 8. Reserves: The plat proposes Reserves A through H, inclusive. o Reserves A and D are reserved for open space, landscaping, drainage purposes, entry monuments, berms, and utilities as confined to easements. o Reserve B is reserved for open space, landscaping, drainage purposes, berms, pipelines as confined to easement, and utilities as confined to easements. o Reserve C is reserved for open space, landscaping, walking paths, drainage purposes, lakes, pipelines as confined to easement, and utilities as confined to easements. December 1, 2022 Planning Commission Agenda Packet Page 22 of 29  o Reserves E and G are reserved for open space, landscaping, drainage purposes, berms, and utilities as confined to easements. o Reserve F is reserved for open space, landscaping, walking paths, drainage purposes, lakes, and utilities as confined to easements. o Reserve H is reserved for open space, landscaping, drainage purposes, contingent street dedication, and utilities as confined to easement. o Staff Recommendations: i. A screening and buffering concept shall be submitted with the final plat illustrating how the required screening and buffering will be provided along the subject property's 55th St. S. and Rock Rd. frontages except for the frontage of Lots 1 and 30, Block A and Lots 1 and 2, Block J which front the arterial streets. 9. Drainage: The attached drainage concept has been reviewed and approved by the City Engineer. o Staff Recommendations: i. A final drainage plan sealed by a licensed engineer authorized to practice engineering in Kansas shall be submitted for review and approval by the City Engineer with the final plat. 10. Public Improvements: o Streets & Sidewalks: ▪ 55th St. S. is unpaved and will be required to be paved prior to being used for access to properties in the Sky Ridge Addition. ▪ Rock Rd. is paved with two through travel lanes in each direction and a center turn lane at 55th St. S. Rock Rd. adjoining the subject property is scheduled to be reconstructed in 2026. ▪ Internal streets will be constructed in phases as the lots are developed. • Sidewalks will be constructed on both sides of internal streets. • Temporary cul-de-sacs need to be constructed for Hanscom St., Sky Ridge St., and Palisade St. until such time as the properties to the east develop and the streets are extended. ▪ Acceleration and deceleration lanes, center turn lanes, and/or medians are needed for the access points along 55th St. S. and Rock Rd. ▪ A 10-ft. wide hike and bike path is needed along the 55th St. S. and Rock Rd. frontages. o Sanitary Sewer: The attached utility concept 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 concept has been submitted showing the proposed extension of water and fire protection to serve the subdivision. The Fire and Rescue Department has reviewed the utility plan and requires additional hydrants. o Staff Recommendations: i. The utility concept shall be revised as follows: • The label for Block G shall be corrected. • Fire hydrant spacing shall a minimum of 500 ft. • All utility and drainage easements shall be shown. • The proposed 10 in. sanitary sewer line on USD 260 property shall be straight to minimize impact. • The proposed sanitary sewer system to serve the subject property shall be coordinated with the City's sanitary sewer extension plan. • If feasible, the sanitary sewer serving Block K shall be located in the back of the lots. December 1, 2022 Planning Commission Agenda Packet Page 23 of 29  • A plan shall be provided for a looped water system along 55th St. and Rock Rd. 11. Guarantee for Installation of Public Improvements: Public improvements are required to be guaranteed by the developer. 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: • Internal residential local streets • Internal non-residential local street • Internal collector street • Internal sidewalks • Street petitions should include language allowing the construction and removal of the temporary cul-de-sac and extension of Hanscom St., Sky Ridge St., and Palisade St. • 55th St. S. acceleration/deceleration and center turn lanes at Rock Rd., Liberty Ln., Amber Ridge St., and the access drive to Lot 1, Block J • 55th St. S. hike and bike path • Rock Rd. acceleration/deceleration and center turn lanes at Sky Ridge St., Freedom St., and the access drive to Lot 1, Block J • Rock Rd. acceleration/deceleration lanes and center median at the access drives to Lot 1, Block A and Lot 30, Block A • Rock Rd. hike and bike bath • Traffic signalization for Sky Ridge St. and Rock Rd. and 55th St. S. and Rock Rd. • Internal sanitary sewer lines • Sanitary sewer extension lines • Sanitary sewer lift station, if necessary • Internal water lines • Rock Rd. water main • 55th St. S. water main • Stormwater and drainage 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 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: December 1, 2022 Planning Commission Agenda Packet Page 24 of 29  • Approve the preliminary plat, subject to the staff comments and discussion and authorize the applicant to proceed with preparation of the final plat. ATTACHMENTS: Location Map Preliminary Plat Drainage Concept Utility Concept December 1, 2022 Planning Commission Agenda Packet Page 25 of 29  Preliminary Plat Location Map: Sky Ridge Addition 55th St. South Subject Property Rock Rd. Firefly Estates Rock Regional Hospital Derby North Middle School December 1, 2022 Planning Commission Agenda Packet Page 26 of 29  PRELIMINARY PLAT SKY RIDGE ADDITION DERBY, SEDGWICK COUNTY, KANSAS E:\Projects\Skyridge Addition_21-12-P731\Plat\Drawings\Sky Ridge Addition_P.dwg 0 100 200 Scale: 1" = 100' Date of Preparation: Oct. 31, 2022 Date of Topography: Feb. 28,2022 Contour Intervals = 1 Foot Area = 114.32 Acres SKY RIDGE ADDITION Oct. 31, 2022 BAUGHMAN COMPANY 315 Ellis St. Wichita, KS 67211 316-262-7271 BaughmanCo.com December 1, 2022 Planning Commission Agenda Packet Page 27 of 29  DRAINAGE CONCEPT SKY RIDGE ADDITION AN ADDITION TO DERBY, SEDGWICK COUNTY, KANSAS 0 120 240 Scale: 1" = 120' PRELIMINARY PLAN. NOT FOR CONSTRUCTION. This document is pr elim ina r y in na tu r e and is not a final, signed and sealed document. BAUGHMAN COMPANY File: E:\Projects\Skyridge Addition_21-12-P731\Water Resources\SKY RIDGE_P_DC.dwg 315 Ellis St. Wichita, KS 67211 316-262-7271 BaughmanCo.com SKY RIDGE ADDITION DRAINAGE CONCEPT PROJECT NUMBER: DESIGN: TRK DRAWN: JLD DATE: 28 October 2022 SHEET OF 1 1 December 1, 2022 Planning Commission Agenda Packet Page 28 of 29  E:\Projects\Skyridge Addition_21-12-P731\Engineering\Utility Plan\Sky Ridge UC.dwg UTILITY CONCEPT SKY RIDGE ADDITION DERBY, SEDGWICK COUNTY, KANSAS 0 150 300 Scale: 1" = 150' ALTERNATIVE ROUTE Oct. 27, 2022 BAUGHMAN COMPANY 315 Ellis St. Wichita, KS 67211 316-262-7271 BaughmanCo.com December 1, 2022 Planning Commission Agenda Packet Page 29 of 29