CITY OF DERBY. MEETING OF THE PLANNING COMMISSION REGULAR MEETING June 19, :30 PM

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1 CITY OF DERBY MEETING OF THE PLANNING COMMISSION REGULAR MEETING June 19, :30 PM CALL MEETING TO ORDER ROLL CALL CONSIDERATION OF MINUTES: Planning Commission Meeting of June 5, PUBLIC FORUM AGENDA ITEMS 1. Final Plat The Oaks Commercial 2 nd General location: SW corner of Tall Tree Rd. and Rock Rd. 2. Final Plat Replat of Anderson Farm Commercial 3 rd Addition General location: NW corner of Rock Rd. and Patriot Ave. 3. Site Plan Review Chick-fil-A General location: East of Rock Rd., 1/4 mile north of Meadowlark Blvd. 4. Site Plan Review 950 N Buckner Ave. General location: Southeast corner of Buckner Ave. and Crestway St. ANNOUNCEMENTS ADJOURN NEXT CITY COUNCIL MEETING REPRESENTATIVES: June 24 July 8 July 22 August 12 August 26 Kathy Wills Gunter Hansen Jack Hezlep Larry Gould Shawn Riley

2 DATE: June 10, 2014 TO: FROM: PLANNING COMMISSION CITY STAFF MEETING DATE: June 19, 2014 AGENDA ITEM NO: 1 DESCRIPTION: GENERAL LOCATION: APPLICANT: AGENT: Final Plat The Oaks Commercial 2nd Addition Southwest corner of Tall Tree Road and Rock Road William Lusk, Jr. Living Trust Baughman Company, P.A. REASON FOR REQUEST: Replat one large commercial lot into 4 smaller lots for commercial development. BACKGROUND INFORMATION: The applicant has requested 6.5 acres of land located at the southwest corner of Tall Tree Rd. and Rock Rd. to be replatted to allow the land to be developed for commercial uses. The area proposed for platting is a replat of Lot 1, Block D, The Oaks Addition. The site is at the corner of a major commercial arterial street and a busy residential collector street, making the site desirable for a wide range of commercial and retail uses. The site is separated from an existing singlefamily residential neighborhood by a drainage reserve, but otherwise, is surrounded by B-3 zoned commercial properties and an electric substation. The zoning of the property was recently changed to B-3 General Business in order to allow a greater range of commercial uses. Platting of the property is required by the City s subdivision regulations whenever land is proposed to be divided or further divided into two or more lots. A preliminary plat for this property was considered by the Planning Commission at the May 15, 2014 meeting. The Commission voted to approve the preliminary plat subject to comments contained in the staff report. The applicant has since addressed the comments and submitted the final plat for consideration. pg. 1

3 STAFF COMMENTS: 1. Plat Name The Oaks Commercial 2 nd Addition is acceptable and does not duplicate the name of any existing plat. 2. Legal Description The plat is a replat of All of Lot 1, Block D, The Oaks, an Addition to Derby, Sedgwick County, Kansas. Upon final approval of the plat, the new legal description will be Lots 1-4, Block A, The Oaks Commercial 2nd, an Addition to Derby, Sedgwick County, Kansas as shown in the certificates on the face of the plat. 3. Lots The plat proposes to divide the existing single lot into 4 smaller lots. All lots are of sufficient size and width to meet the minimum requirements of the B-3 district. 4. Blocks One block, Block A, is proposed and is appropriately labeled on the plat. 5. Streets and Access The site is adjacent to Rock Rd. and Tall Tree Rd. Complete access control is platted along Rock Rd. except for one opening, 465 ft. south of the Tall Tree Rd. intersection. Complete access control is also platted for the first 100 feet west of Rock Rd. on Tall Tree Rd. A 35 ft. joint access easement is proposed to extend through the development from Tall Tree Rd. to Rock Rd. The access easement will provide adequate access to all lots within the development. A 31 ft. street built to City standards will be provided within the access easement. The draft access easement submitted for City staff review provides language to ensure that the street will be marked for No Parking on both sides of the street. Staff has reviewed the access agreement and provided comments to the applicant. The applicant or their agent is responsible for recording the access easement in conjunction with the final plat. No Parking signs along the access easement shall be in accordance with the current edition of the Manual for Uniform Traffic Control Devices (MUTCD) and shall be spaced evenly along the street at approximately 150 ft. between signs. No Parking signs at each end of the street shall be provided with a single-head arrow and intermediate signs shall display double-headed arrows. 6. Building Setbacks Front yard building setback lines are shown to be 35 ft. along Rock Rd. and along Tall Tree Rd., meeting the minimum requirement. 7. Easements Locations of existing platted easements are shown on the proposed preliminary plat. pg. 2

4 pg. 3 Utility easements are normally required along the back side of lots. In this case, easements are proposed along the east side of the access easement containing a private street. The proposed utility easement on the east side of the street should be sufficient to meet the utility needs of Lots 1-3. Lot 4 has access to City-provided public utility services without the need for a 20 ft. utility easement along the rear property line. A new 30 ft. storm sewer and utility easement is proposed to accommodate a public sanitary sewer extension to serve the lots within the development as well as a private stormwater sewer line to convey runoff from the private street west to an existing drainage reserve, Reserve M of The Oaks 2 nd Addition. No additional easements were requested by utility providers. 8. Reserves No reserves are proposed for this plat. 9. Drainage The site was previously included in the plat of The Oaks 2 nd Addition as one commercial lot with required stormwater detention provided in the overall approved drainage plan. The applicant was asked to verify that subsequent changes to development plans within The Oaks Additions adequately address drainage. The agent for the applicant has conducted a new basin study and determined that the original drainage plan has been modified in several ways, which includes the addition of a new detention basin just south of the Westar Energy substation. The new detention basin provides significant capacity that was not previously available, and thus, the new study indicates that the peak outflow of the basin has been reduced below that which was originally designed. The detention basin south of the electric substation was originally constructed for a different purpose. Because the basin is now proposed to provide required detention, a drainage easement is required. The owner of the land proposed to be platted as The Oaks Commercial 2 nd Addition also owns the land on which the detention basin is located. Dedication of a public drainage easement for the detention basin shall be a condition of approval for the proposed plat of The Oaks Commercial 2 nd Addition. Minimum building pad information for the lots is appropriately shown on the face of the plat. A note on the drainage plan states that the internal stormwater sewer pipe will be sized and final location approved during the site plan process. Since the storm sewer will be serving multiple lots within the development, and will be constructed before or in conjunction with the private street, sizing the pipe during site plan review is not feasible. The applicant or their agent shall verify the pipe sizes necessary to serve the development and shall submit an updated drainage plan for review and approval by the City.

5 10. Public Improvements Streets This site is adjacent to Tall Tree Rd., a 41 ft. collector street, connecting apartments, residential properties a golf course and other commercial properties to Rock Rd. The site also has access to Rock Rd., an important transportation link from Derby to major employment centers and attractions in Wichita. No improvements to the public streets are necessary. A private street contained within an access easement is proposed to provide access to lots from both Tall Tree Rd. and Rock Rd. Sanitary Sewers An existing 12-inch sanitary sewer is in place along the west line of Reserve M, The Oaks 2 nd Addition. The area proposed for platting is owned by the owner of Reserve M and thus the owner may dedicate a utility easement across the reserve in order to access the existing sewer. The 12-inch line has sufficient capacity to provide service for development of the subject property. Water & Fire Protection Water service is available to this site via an existing 12-inch water main in the south Tall Tree Rd. right-of-way and an existing 24-inch main in the Rock Rd. right-of-way. Existing lines will provide adequate water pressure and fire flow for the subject site. pg. 4 Lots 1 and 4 will be able to connect to the existing 12-inch line in Tall Tree Rd. right-of-way. Lots 2 and 3 are proposed to connect to the existing 24- inch line in the Rock Rd. right-of-way. When these lots develop, extending service from the 24-inch line will need to be coordinated with Derby Utilities and an isolation valve will be required. The cost of tapping the 24- inch line and installing the required isolation valve will be the responsibility of the site developer. Existing fire hydrants are located at the north and south corners of the property along Rock Rd. The original plat configuration proposed an 8-inch waterline extension south from the 12-inch line in Tall Tree and was proposed to include one additional hydrant near the middle of the development. Since the 8-inch extension is no longer proposed and the fire hydrant is not guaranteed, additional fire hydrants may be required when the property is developed. Final locations of hydrants will be determined by the Derby Fire Department at the time of site plan review. 11. Guarantee for Installation of Public Improvements Public improvements are required to be guaranteed by the developer. Some public improvements are already installed to serve this site. A re-spread agreement has been submitted showing how the existing special assessments will be redistributed. The applicant has indicated that other necessary public improvements will be financed privately. In accordance with City policy, the applicant has provided a financial guarantee for the required improvements in the form of petitions.

6 Final signed petitions are required prior to final plat consideration by the City Council. 12. Plat Binder A plat binder was submitted along with the final plat and all property interests and encumbrances appear to be identified on the plat. 13. Developer s Agreement A draft developer s agreement was submitted for review by City staff. Staff has identified minor revisions to the agreement and will coordinate with the applicant to address staff s comments. Following necessary revisions, an executed developer s agreement will be required before final plat consideration by the City Council. 14. Miscellaneous Upon acceptance of a final plat by the City Council, the applicant shall ensure that monuments are placed at all block corners, angle points, points of curves in streets and at intermediate points as required by the City. RECOMMENDATION: Approve the final plat of The Oaks Commercial 2 nd Addition to Derby, Sedgwick County, Kansas subject to staff comments and authorize the applicant to proceed with preparation of the final plat tracing. Attachments: Final Plat pg. 5

7 DATE: June 11, 2014 TO: FROM: PLANNING COMMISSION CITY STAFF MEETING DATE: June 19, 2014 AGENDA ITEM NO: 2 DESCRIPTION: GENERAL LOCATION: APPLICANT: AGENT: Final Plat Anderson Farm Commercial 3rd Addition Northwest corner of Rock Road and Patriot Avenue Attn: W.E. Lusk, Jr. Lusk Communities, Inc. Vacalex-Kansas, LLC Derby Investments, Inc. Baughman Company, P.A. REASON FOR REQUEST: Replat existing commercial lots to new configuration BACKGROUND INFORMATION: The applicant has submitted a request to replat acres of land located at the northwest corner of Patriot Ave. and Rock Rd. to modify lot sizes and configuration for commercial development. The area proposed for platting is a replat of portions of Anderson Farm Commercial Addition and Anderson Farm Commercial 2 nd Addition (7 platted commercial lots and a 5.5 acre reserve). The land is presently zoned B-3 General Business. The zoning of the property will not be affected by the proposed replatting. In addition to reconfiguring the lot layout, entry drives which access Rock Rd. are being realigned to match the access openings to the new USD 260 Middle School development on the east side of Rock Rd. Platting of the property is required by the City s Subdivision Regulations whenever land is proposed to be divided or further divided into two or more lots. A preliminary plat for this property was considered by the Planning Commission at the May 15, 2014 meeting. The Commission voted to approve the preliminary plat subject to comments contained in the staff report. The applicant has since addressed the comments and submitted the final plat for consideration. pg. 1

8 STAFF COMMENTS: 1. Plat Name Anderson Farm Commercial 3rd Addition is acceptable and does not duplicate the name of any existing plat. 2. Legal Description The plat is a replat of portions of Anderson Farm Commercial Addition and Anderson Farm Commercial 2 nd Addition. Upon approval of the final plat, the new legal description will be Lots 1-9, Block A, Anderson Farm Commercial 3 rd Addition together with Reserve A of said Anderson Farm Commercial 3 rd Addition, Derby, Sedgwick County, Kansas which is reflected in the certificates on the face of the plat. 3. Lots There are 9 lots proposed for this development. All lots within the proposed development exceed the minimum lot size and lot width requirements of the B-3 Zoning District (15,000 sq. ft.). 4. Blocks One block is proposed and is appropriately labeled as Block A on the plat. 5. Setbacks Front yard building setback lines are shown to be 35 ft. along Rock Rd. and along Patriot Ave., meeting the minimum requirement. The applicant or their agent is asked to adjust the building setback label along Rock Rd. to minimize confusion with the 35 ft. utility easement. The two may also be combined into a single label to read as 35 ft. Building Setback and Utility Easement. 6. Easements Existing easements and right-of-way agreements will be vacated by virtue of replatting the property, and will be rededicated as shown on the proposed plat. Easements as shown on the face of the plat are sufficient to accommodate existing and proposed public utilities. Additionally, the City has requested a 6.5 foot sidewalk easement adjacent to Rock Rd. street right-of-way in order to provide a sidewalk to be installed when Rock Rd. at this location is reconstructed. The requested easement is included on the face of the plat. pg. 2 Stormwater Sewer & Utility Easements are provided and measure to be 30 ft. as required; however, 2 labels show the width to be 20 ft. These labels need to be corrected to adequately show the 30 ft. easement. A 5 ft. wall easement is provided along property lines abutting adjacent institutional and residential zoning districts in order to accommodate a screening wall to be constructed in accordance with the Subdivision Regulations. The wall easement is not required along Reserve A because the width of the reserve provides sufficient buffering from adjacent properties. The staff report for the preliminary plat requested the applicant provide additional easements to extend utility service to all lots within the

9 pg. 3 development in coordination with an updated utility plan. City staff and the applicant have verified that all lots within the development have adequate access to existing public utilities. Should additional easements be needed to extend utilities in the future, easements may be dedicated at the time of site plan review. 7. Streets and Access The property to be platted has access to Rock Rd. to the east and also Patriot Ave. to the south. Rock Rd. and Patriot Ave. are both 4-lane urban arterials. At the time of this report, plans are being finalized for reconstruction of Rock Rd. which will include construction of continuous right-hand turn lanes on both sides of the street and a center left-turn lane. No improvements to Patriot Ave. are expected to be necessary. There is existing platted access control along Rock Rd. except for platted openings at 3 locations: 2 openings are major (50 ft.) openings and one is a minor (30 ft.) opening. The number of proposed openings on the plat for this property is consistent with the current number of openings. A 50 ft. opening proposed at the north line of Lot 7 is in nearly the same location as the previous platted opening. The other 2 openings have been aligned with the platted openings east of Rock Rd. in the USD 260 Middle School Addition. The access controls shown and the proposed openings are consistent with the design criteria of the Subdivision Regulations. Complete access control is also shown where the property abuts Patriot Ave. except for the existing platted openings, which remains acceptable. All lots are currently shown to provide adequate access to a public street. Joint access easements are identified on the proposed plat at the openings to Rock Rd. The easements are shown to be dedicated by separate instrument. At the time of this writing, the City Attorney is reviewing the draft copy of the access easement dedication. City staff will coordinate any recommended changes to the easement dedication with the applicant. A signed final dedication shall be recorded in conjunction with the final plat. 8. Reserves The preliminary plat proposes one reserve, Reserve A which is intended for landscaping, open space, lakes, screening walls, drainage purposes and utilities confined to easements. The proposed reserve area matches exactly the location, dimensions and purposes of Reserve A on the existing plat for Anderson Farm Commercial Addition. The reserve is 5.5 acres in size and is the proposed location of a detention pond serving the development. No changes are proposed to Reserve A. 9. Drainage Drainage for the subject area was originally addressed in the drainage plan for Anderson Farm Commercial Addition. A drainage concept plan submitted for the proposed replat is consistent with the original drainage plan. Stormwater will be collected and piped west to Reserve A where a detention pond will be constructed. Sufficient easements to contain the public

10 pg. 4 stormwater sewer are provided. The original drainage plan and the subsequent concept plan are acceptable to the City. The applicant or their agent shall provide a letter indicating that the existing drainage plan remains sufficient to address the new plat and related development. 10. Public Improvements Water and sanitary sewer lines are in place along Rock Rd. to provide necessary service to all lots within the development. Extending water service from the 24-inch line in Rock Rd. will need to be coordinated with Derby Utilities and an isolation valve will be required. The cost of tapping the 24-inch line and installing the required isolation valve will be the responsibility of the site developer. There are no internal water or sanitary sewer lines proposed. Should additional fire hydrants be required as part of site plan review for any of the lots within the development, additional easements may be dedicated at that time. 11. Guarantee for Installation of Public Improvements Public improvements are required to be guaranteed by the developer. At this location, some public improvements have already been constructed. Others have petitions in place and corresponding resolutions have been adopted by the City Council. Existing resolutions may need to be amended to reflect the proposed changes to the benefit district. The applicant or their agent shall provide a list of all public improvements serving the development. The list shall include a summary of existing resolutions, and shall identify which resolutions have already been spread as special assessments, which resolutions are in need of amendment to reflect the new benefit district, and which resolutions are to be repealed and replaced. The applicant or their agent shall provide new petitions as necessary and shall also provide revised language necessary for amending existing resolutions. A re-spread agreement for an existing special assessment for sanitary sewer was submitted. An additional sanitary sewer extension was recently completed along Rock Rd., but the assessment may not yet appear on the County s tax information. The applicant or their agent shall verify that all special assessments are appropriately addressed in the re-spread agreement. A final signed re-spread agreement shall be submitted prior to consideration by the City Council. 12. Plat Binder A plat binder was submitted along with the final plat and all property interests and encumbrances appear to be identified on the plat. 13. Developer s Agreement At the time of this writing, the City Attorney is reviewing the draft Developer s Agreement submitted. Any necessary changes will be coordinated with the applicant. A final signed developer s agreement meeting the approval of the City will be required before final plat consideration by the City Council.

11 14. Miscellaneous Upon acceptance of a final plat by the City Council, the applicant shall ensure that monuments are placed at all block corners, angle points, points of curves in streets and at intermediate points as required by the City. RECOMMENDATION: Approve the final plat of Anderson Farm Commercial 3rd, an addition to Derby, Sedgwick County, Kansas subject to staff comments and authorize the applicant to proceed with preparation of the final plat tracing. Attachments: Final Plat pg. 5

12 DATE: June 12, 2014 TO: FROM: PLANNING COMMISSION CITY STAFF MEETING DATE: June 19, 2014 AGENDA ITEM NO: 3 DESCRIPTION: GENERAL LOCATION: APPLICANT: AGENT: Site Plan Review Lot 5 except the north 149 ft. thereof, Block 1, Derby Marketplace 3rd Addition East of Rock Rd., 1/4 mile north of Meadowlark Blvd. Chick-fil-A, Inc. Jason Hill GBC Design, Inc. Gary Rouse REASON FOR REQUEST: Develop lot to allow new restaurant facility BACKGROUND INFORMATION: A request for site plan review has been submitted for a site located in the Derby Marketplace 3 rd Addition on the east side of Rock Rd., approximately 1/4 mile north of Meadowlark Blvd. The subject site is described as Lot 5 except the north 149 ft. thereof, Block 1, Derby Marketplace Third Addition. o A lot split to divide Lot 5 into two tracts: Tract 5A (north) and Tract 5B (south), was approved in accordance with the Subdivision Regulations. o The lot split provides cross-lot access easements through the proposed parking area on the west side of both Tracts 5A and 5B. The site is approximately 1.57 acres, which exceeds the minimum lot size requirements for the B-3 District. The subject site and surrounding properties are zoned B-3 General Business. Development on adjacent sites includes a mix of retail businesses and restaurants. The proposed restaurant business is a permitted use within the B-3 District. STAFF COMMENTS: 1. Legal Description. The legal description provided on the site plans does not match the description of the parcel on which the proposed building will be located. When Lot 5, Block 1, Derby Marketplace Third Addition was divided, the new description for the subject site is Lot 5 except the north 149 feet thereof, Block 1, Derby Marketplace Third Addition, Derby, Sedgwick County, Kansas. The legal description shall be updated on the revised site plans. Page 1 of 8

13 2. Building Setbacks. The proposed building location exceeds the minimum building setback requirements of the B-3 District. 3. Easements. Recorded easements appear to be identified accurately on sheet C-0.1 of the proposed plans. The proposed building addition and improvements do not encroach upon existing easements. 4. Access. Complete access control is platted along Rock Rd. at this location; therefore, no entrances to Rock Rd. are proposed. Access to the proposed site will be accomplished by an entrance connecting to the private street to the south. An entrance at the northeast corner of the site provides shared access to both the subject site and the adjacent lot to the north. In addition to the entrance shown on this site plan, cross-lot access between the subject lot and the adjacent lot to the north was granted when Lot 5 was split into 2 buildable lots. The cross-lot access will benefit both the proposed Chick-fil-A site as well as the adjacent business to the north. 5. Streets. The site is located on the east side of Rock Rd. Private streets extend east from Rock Rd. into the Derby Marketplace development to provide access to the subject site and adjacent lots. The existing street system adequately serves the site and is sufficient to accommodate the development. No improvements to the streets are anticipated. 6. Parking. Article 5 of the Zoning Ordinance requires 1parking space per each 3 occupants. 69 parking spaces are proposed which equates to a maximum occupant load of 207. The applicant shall verify the occupant load of the building and that the 69 proposed parking spaces are sufficient to meet the minimum parking requirements. All parking spaces are shown to be 9ft. by 19ft. which meets the minimum requirements for parking space dimensions. Restaurants with drive thru facilities are required to provide vehicle stacking spaces for a minimum of 5 vehicles from the place where orders are placed. Two drive thru lanes are proposed and the order boxes are located approximately 100 ft. east of the accessible route, providing room for 10 or more vehicles to be queued in the drive thru lanes. 7. Circulation Aisles. All two-way vehicular circulation aisles exceed the 24 ft. minimum width requirement. One-way traffic is proposed around the perimeter of the building with adjacent 60 degree angle parking. The one-way circulation aisles exceed the 17 ft. minimum width requirement for one-way traffic adjacent to 60 degree angle parking. The site plans show arrows indicating the direction of vehicular travel which will be painted on the parking lot. The drive thru lanes are also shown to have painted graphics identifying the lanes. City staff suggests moving the drive thru markings Page 2 of 8

14 further east where the drive thru lane begins, or providing the markings in both locations since vehicles waiting in line to order will cover the markings closest to the order boxes. 8. ADA. ADA Standards for Accessible Design requires accessible parking spaces based on the total number of spaces provided for the facility. When parking spaces are provided, 3 accessible spaces are required. 3 accessible spaces are provided which meets the requirement. All 3 accessible spaces are 9 ft. wide with adjoining 9 ft. accessible aisles which meets the minimum requirement for providing van accessible spaces. Details on Sheet C-4 illustrate that the spaces will be marked Van Accessible as required. The pedestrian connection from the building to the existing Hike & Bike Path along Rock Rd. appears to be intended to meet the ADA standards for accessibility; however, there are not sufficient spot elevations to determine if the connection complies with the slope tolerances. The applicant shall ensure that the sidewalk connection from the existing sidewalk to the building is compliant with ADA standards. The applicant or their designated agent shall ensure that all accessible parking spaces meet the requirements of the ADA standards, including locations, widths, aisles, slopes, signage and pavement markings. Final inspection of accessible parking spaces and accessible routes shall be coordinated with the Derby Building Trades Official. A note shall be added to the plans that states Where discrepancies exist between the approved plans and the minimum requirements to meet ADA, the more stringent of the two will prevail, as determined by the City of Derby. 9. Pedestrian Access. A new sidewalk is shown to connect the existing Hike & Bike Path along Rock Rd. to the patio area on the west side of the building. A portion of the pedestrian access crosses the parking lot and is delineated with pavement striping. The pedestrian sidewalk connection shall not exceed the slope tolerances required for ADA, as noted above. 10. Signage. Wall signs are shown on the building elevations and colored renderings. A separate signage plan set with details was also submitted and all proposed signage is compliant with the zoning regulations for the B-3 District. An overall signage plan was approved and is on file for Derby Marketplace A monument sign is proposed to be located at the southwest corner of the lot along Rock Rd. The location and sign design is consistent with the approved signage plan for the development. The applicant is advised that all wall signs and monument signs require a separate permit be obtained prior to installation. DO NOT ENTER signs are proposed on either side of the drive thru exit north of the building. A ONE WAY sign shall be provided at the northeast entrance by the trash receptacles to identify the one way traffic aisle to vehicles entering the site. Page 3 of 8

15 11. Site Lighting. The lighting plan shows 7 free-standing light poles around the perimeter of the site. The poles are proposed to be installed at a height of 27 feet. There are overhead electric lines along the east side of Rock Rd. which may be near the westernmost light pole proposed on site. The applicant is responsible for coordinating with the utility company to ensure adequate clearance from electric lines is maintained. Multiple light pole locations appear to conflict with proposed locations for trees. As trees reach maturity, the trees may begin to shade the lighting making it less effective. The applicant shall consider light pole and tree locations and provide a summary of any necessary changes with the revised site plans. The photometric plan shows that some degree of ambient lighting will spill over onto adjacent properties, which is acceptable considering that adjacent properties are also commercial and already provide site lighting. The revised site plans shall include a note stating that lighting is required to be screened or shielded to prevent intrusion of light or glare onto adjoining streets. 12. Landscape/Screening and Buffering. New developments are required to provide a landscaped street yard in accordance with Section 304.G. of the Zoning Ordinance. The Ordinance specifies that lots with a depth between 250 ft. and 400 ft. shall provide a minimum of a 15 ft. wide landscaped street yard. The landscaped street yard provided exceeds the requirement. Within the landscaped street yard, one shade tree is required for every 500 square feet of the required landscaped street yard. The minimum number of shade trees required for the landscaped street yard is based on the following calculations: Street Name Street Frontage Min. Yard Width Total Square Feet 1 Tree per 500 Sq. Ft. # of Trees Required Rock Rd. 168 ft. x 15 = 2, = 5.04 Total Shade Trees Required 5 The landscape plan shows that 4 shade trees, 3 ornamental trees and additional shrubs/flowers (not including required parking lot screening or parking lot island trees) are provided in the front yard, meeting the requirement. Additionally, trees and shrubs provided on other portions of the site exceed the minimum requirements and contribute to site aesthetics. Parking Lot Screening/Landscaping. A continuous row of shrubs is shown to be provided along the edges of the parking lot to screen the parking from view of the Page 4 of 8

16 Rock Rd. right-of-way. When mature, the shrubs identified on the landscape plan should be sufficient to provide a continuous visual screen to fulfill the requirement. Shrubs are also proposed to screen parking spaces from the private streets to the east and south of the site which is consistent with the continuous rows of shrubs along the access roads. Parking lots with 50 or more parking spaces are required to provide parking lot islands which contain a minimum of one shade tree or two ornamental trees per 50 parking spaces. 69 parking spaces are provided, thus a minimum of 2 shade trees is required. The landscape plan shows two parking lot islands with 1 shade tree each, meeting the requirement. Equipment and Trash Receptacle Screening. Screening is required to reasonably hide from ground level view all ground-mounted mechanical equipment, loading docks, trash receptacles or similar uses. A screened trash enclosure is noted and shown on the north side of the building. Details for height of the enclosure and materials to be used are not provided. The trash enclosure shall be a minimum of 6 ft. in height and a maximum of 8 ft. in height and shall be constructed of materials similar or complimentary to the principal structure. Gates for the enclosure should match the style used on other lots within the Derby Marketplace development, or the applicant may propose another gate type which is sufficient to screen the trash receptacles. Details for the trash enclosure shall be provided on the revised site plans. There appears to be an electric transformer located at the east end of the building. The landscape plan also appears to propose 34 Green Mountain Boxwood bushes which would conflict with the location of the transformer. The applicant shall verify the location of the transformer and show how screening will be provided on the revised site plans. Miscellaneous Landscaping Notes Minor modification to the landscape plan may be approved by the Zoning Administrator. The following statement shall be added at the end of Note #10 on Sheet L-1.0: and approved by the City of Derby Zoning Administrator. Irrigation systems are required to be equipped with an automatic rain sensing device. A statement of this requirement shall be included with Note #20 on Sheet L-1.0 and incorporated into any other irrigation plans. The applicant should verify that the installation of landscaping near entrances, vehicle circulation aisles and public traffic ways does not create vision concerns. Page 5 of 8

17 The landscaping plan calls for grass areas to be covered with hybrid Bermuda grass sod The applicant is advised to check private restrictive covenants to ensure that the use of Bermuda grass is allowed within the development. The applicant is advised that final acceptance of the landscaping is required prior to issuance of a Certificate of Occupancy. Acceptance will be based on the landscape plan as approved at site plan review. The applicant is reminded that all landscaping is to be maintained in good condition and that maintenance includes replacing dead or diseased plants and trees. 13. Drainage. Drainage from the site is shown to be diverted to an existing curb inlet near the southwest corner of the property and to proposed curb inlets along the north and south parking areas. The north and south inlets would be installed as part of this site development and would connect to the existing stormwater sewer system serving the Derby Marketplace Development. Stormwater conveyances within the Derby Marketplace development are privately owned and maintained. Minor surface drainage is proposed to exit the site at the drive entrances which is acceptable. 14. Utilities. Fire Protection. Derby Fire Department has reviewed and approved the plans as submitted. A Fire Department Connection (FDC) is required and shall be a 5-inch Storz type with 30 degree downward angle mounted 30 inches to 36 inches above finished grade. The FDC shall be at a location approved by Derby Fire Department. A proposed light pole location appears to be less than 10 ft. from a fire hydrant on the east side of the site. The fire hydrant was installed along with the waterline extension project. The applicant shall verify the location of the existing fire hydrant and shall ensure that the light pole location does not interfere with Fire Department access to the hydrant. Water. The public water main was recently extended south to serve the south half of the approved lot split (Tract 5B). The applicant or their agent shall coordinate with City of Derby Utilities to facilitate connection to the public waterline. Sanitary Sewer. Similarly, the public sanitary sewer line was also recently extended north to provide service to the north half of the lot split (Tract 5A). Restaurant uses are required to install grease traps to prevent grease buildup and blockages in the public sanitary sewer lines. A 1,000 gallon grease trap is identified to be installed. The applicant or their agent shall coordinate with City of Derby Page 6 of 8

18 Utilities to verify the proposed grease trap is adequate and to facilitate connection to the public sewer. Note 8 on the demolition plan (Sheet C-1.1) states that an existing sanitary sewer riser is to be removed. The revised plans shall state that the existing riser is to be plugged. Others. Gas, electric and telephone services are shown to extend from the existing lines along the private street to the east of the site and will enter the building on the east side of the building. 15. Design Standards. Elevations for the proposed building addition are shown and proposed materials are identified. Colored renderings have also been provided. All rooftop mechanical equipment is required to be screened using materials that are compatible with the principal structure. The applicant shall identify the locations of any rooftop mechanical equipment and explain how screening will be provided. The design criteria of the zoning ordinance requires that building entrances/exits do not allow customers to exit directly into a vehicular circulation aisle. One doorway on the south side of the proposed building exits into the Drive Thru lane. Site plans appear to show that a railing is provided to prevent direct access into the vehicular lane; however, there is not a note and a railing does not appear in the building elevations or renderings. A railing is required at this location. The applicant shall verify that the line shown on the site plans is a railing and a note shall be added to identify the railing on the revised site plans. A detail for railings is provided on Sheet C-4.2 and is sufficient to fulfill the requirement for a railing at the building exit. 16. No Smoking. City ordinance prohibits smoking in public places and places of employment. The applicant is required to post No Smoking signs to establish a 20-foot smoke free zone at all entrances to the facility. 17. Miscellaneous. A detail for a bicycle rack is included on Sheet C-4.4; however, a location for the bicycle rack is not identified on the site plans. The applicant shall verify where the bicycle rack is to be located. All traffic control devices on site shall be in accordance with the current edition of the Manual on Uniform Traffic Control Devices (MUTCD). General Note #3 on the cover sheet references Ohio utilities protection service This note shall be updated for Kansas One Call. Page 7 of 8

19 General Note #17 on the cover sheet shall be updated to state contact City of Derby Planning & Engineering Department. The phone number for Derby Planning & Engineering is General Note#22 on the cover sheet shall be updated to state that a 24-inch minimum vertical clearance is required between sanitary sewers and waterlines as required by Kansas Department of Health and Environment (KDHE). CORRECTED PLANS: Following Planning Commission approval, the applicant will need to revise the site plan documents to incorporate all corrections or comments and submit 3 revised copies to the City. Changes on the site plan sheets shall be clouded, and a list of all changes shall be provided, noting which comment each is addressing. The applicant is advised that building plans will not be reviewed until revised site plans are approved. RECOMMENDATION: Approve the site plan for Lot 5 except the north 149 ft. thereof, Block 1, Derby Marketplace Third Addition, subject to staff comments. Attachment: Site Plans Building Elevations Colored Renderings Page 8 of 8

20 DATE: June 12, 2014 TO: FROM: PLANNING COMMISSION CITY STAFF MEETING DATE: June 19, 2014 AGENDA ITEM NO: 4 DESCRIPTION: Site Plan Review Lots 1, 2 and 3, Block 8, Pleasantview Addition GENERAL LOCATION: APPLICANT: AGENT: Southeast corner of Buckner St. and Crestway Ave. Charlie Hubbard Sandy Roberts REASON FOR REQUEST: Re-develop lots in the Buckner Business District to create new business and office spaces BACKGROUND INFORMATION: A request for site plan review has been submitted for a site located at the southeast corner of Buckner St. and Crestway Ave. The site is described as Lots 1, 2 and 3, Block 8, Pleasantview Addition. The existing platted lot configuration will not change as a result of this development; however, all 3 lots will be considered as one zoning lot under a single ownership. o Each of the 3 lots comprising the site is approximately 8,200 sq. ft. which exceeds the minimum lot size requirement for the B2-A Buckner Business District zoning (Minimum lot size 7,500 sq. ft.). The combined lots create a 0.56 acre site. Adjacent properties to the west and south are zoned B-4 Central Shopping District and properties to the east are zoned R-1 Single-Family Residential. Development on adjacent sites includes a mix of businesses west of Buckner St. and single-family residences to the north, east and south. Lots 1 and 3 of the site have recently been remodeled to convert the previously existing residences to business and professional offices. The remodels for Lots 1 and 3 did not require site plan review because they were not new development and the remodel cost did not exceed 50% of the county appraised value. Lot 2 was previously occupied by a residence, which has recently been demolished in order to provide a shared parking lot to serve all 3 lots within the development. The applicant is proposing to construct a third building to accommodate 2 attached business and professional offices. Page 1 of 7

21 Site plan review is required for this request because the business offices are a new development and because the addition of the third building affects the overall design relationship of the site. Business and professional offices are permitted uses within the B-2A Buckner Business District. STAFF COMMENTS: 1. Legal Description. The legal description of the subject site is Lots 1, 2 and 3, Block 8, Pleasantview Addition, Derby, Sedgwick County, Kansas. The legal description is accurately shown on the site plan drawing. 2. Bulk Regulations. The B-2A District requires minimum front and rear yard building setbacks of 25 ft. The proposed new building meets the required front and rear yard building setbacks. The required minimum side yard setback is 5 ft. Since the site is a single zoning lot, the 5 ft. side yard setback only applies to the south property line. The proposed new building location exceeds the minimum side yard building setback; however, all new buildings are required to comply with applicable building and fire code requirements. A 10 ft. building separation from existing structures is required, and has been provided. Firewalls shall be provided in accordance with applicable building and fire codes. The maximum lot coverage for the B-2A district is 40% of the total lot area. Existing buildings and the new proposed building total 4,160 sq. ft. The combined lot size is 24,102 sq. ft., thus, the lot coverage is 17%. The maximum impervious surface permitted on the site is 75% (18,077 sq.ft.). The applicant or their agent shall update the lot coverage and impervious area calculations shown on Sheet A1 and shall verify that the amount of impervious area does not exceed 18,077 sq. ft. 3. Easements. There is a 20 ft. utility easement centered on the rear lot line of the subject lots. This easement is accurately identified on the site plans and the proposed building does not encroach upon the easement. The applicant is proposing to construct a one-way vehicular driveway along the rear of the new building partially within the easement. Paving is allowed to be within easements; however, the applicant is advised that paving within an easement is at the risk of the property owner. Should utilities within the easement require maintenance which damages the paving, the cost of repairing the paving is the responsibility of the property owner. Page 2 of 7

22 4. Streets. The site is located at the corner of Buckner St. and Crestway Ave. The existing street system adequately serves the site and is sufficient to accommodate the development. No improvements to the streets are necessary. 5. Access. This site has access primarily to both Buckner St. and Crestway Ave. There are 3 existing driveways connecting to Buckner St. as well as 2 existing driveway connections to Crestway Ave. All existing driveways are proposed to remain. A new one way drive is proposed to be constructed across the rear of the development site in order to provide convenient egress to Crestway Ave. The drive is sufficient width to accommodate one-way vehicular traffic; however, it will not be allowed to have two-way vehicular traffic. The site plan shows ONE WAY markings on the access drive which are required to be painted on the pavement. Additionally, the developer shall install a DO NOT ENTER sign at the north end of the drive where it joins the existing paving north of Building C. 6. Parking. Parking for commercial uses on two or more platted lots in the B-2A District are required to comply with Section 501.C. of the Zoning Ordinance. Section 501.C. requires 1 parking space per each 300 sq. ft. of floor area for business and professional offices. The combined sq. ft. (not including the storage garage) is 3,380 sq. ft. Thus, the minimum parking requirement for the site is 12 parking spaces (3, = 11.3 = 12 parking spaces). There are currently 15 parking spaces available and 3 more are proposed, which exceeds the minimum requirement. The existing parking spaces are 8.5 ft. x 19 ft. which meets the minimum required dimensions for parking spaces. The 3 new parking spaces proposed are shown to be 8.5 ft. in width, but it does not appear that perimeter curbing was accounted for in that measurement. The site plan shall be adjusted to show a 6-inch perimeter curb around the new parking spaces. The new parking spaces are also required to be a minimum length of 19 ft. The applicant or their agent shall verify that the minimum length is met and shall provide a dimension label on the revised site plans. All new parking areas and driveways providing access thereto are required to be contained by a 6-inch perimeter curb. As stated above, the new parking area shall be provided with a 6-inch perimeter curb. The east edge of the proposed access drive appears to be shown with a curb; however, the west edge does not. 6-inch perimeter curbing is required on both sides of the proposed drive. All parking spaces shall be designated using permanent pavement markings. 7. ADA. ADA Standards for Accessible Design require accessible parking spaces based on the total number of spaces provided for the facility. When 1-25 parking spaces are provided, 1 accessible space is required. 2 accessible spaces are available which meets the requirement. Both spaces are designed to be van accessible. The applicant is advised that ADA standards require at least 1 space to be marked Van Accessible. Page 3 of 7

23 The site plan does not provide sufficient spot elevations to determine if the sidewalks to the new proposed building are compliant with the ADA slope tolerances. The applicant shall ensure that the sidewalks providing a connection from the accessible parking spaces to the proposed building are compliant with ADA standards. The applicant or their designated agent shall ensure that all accessible parking spaces and accessible paths meet the requirements of the ADA standards, including locations, widths, aisles, slopes, signage and pavement markings. Final inspection of accessible parking spaces and accessible routes shall be coordinated with the Derby Building Trades Official. 8. Pedestrian Access. There is an existing public sidewalk along the east side of Buckner St. adjacent to this site. There is not a direct sidewalk link connecting the site to the existing sidewalk. At the Planning Commission s discretion, the Commission may choose to waive the requirement to provide a sidewalk connection to the public sidewalk if the Commission determines that the requirement is impractical. City staff recommends that the Commission consider waiving the requirement for a pedestrian connection due to the proximity of all of the buildings within the development to the existing sidewalk. The sidewalk can be accessed through the short driveways. 9. Signage. Signage is not identified on the site plans. The applicant is advised that all signs require a separate permit be obtained prior to installation. 10. Site Lighting. Lighting details are not provided with the site plans. The applicant shall identify where, if any, exterior lighting is proposed. Any exterior lighting is required to be screened or shielded to prevent intrusion of light or glare onto adjoining properties or streets. 11. Landscape/Screening and Buffering. Landscaped Street Yard. New developments are required to provide a landscaped street yard in accordance with Section 304.G. of the Zoning Ordinance. The Ordinance specifies that lots with a depth of 250 ft. or less shall provide a minimum of a 10 ft. wide landscaped street yard. The landscaped street yard provided exceeds the minimum requirement. Within the landscaped street yard, one shade tree is required for every 500 square feet of the required landscaped street yard. The minimum number of shade trees required for the landscaped street yard is based on the following calculations: Street Name Street Frontage Min. Yard Width Page 4 of 7 Total Square Feet 1 Tree per 500 Sq. Ft. # of Trees Required Buckner St. 180 ft. x 10 = 1, = 3.6 Crestway Ave. 134 ft. X 10 = 1, = 2.7 Total Shade Trees Required 7