1 00:00:01,740 --> 00:00:07,020 I'd like to call the order, the meeting of November 7th, the Planning Commission. 2 00:00:08,120 --> 00:00:10,240 If I could ask you to go ahead and do a roll call, motion. 3 00:00:16,300 --> 00:00:17,160 Miss Chathams. 4 00:00:18,580 --> 00:00:19,600 Josh Kippenberger. 5 00:00:19,860 --> 00:00:20,080 Here. 6 00:00:21,080 --> 00:00:22,080 Gunter Hanson. 7 00:00:22,360 --> 00:00:22,520 Yeah. 8 00:00:23,440 --> 00:00:24,220 Doug Chambers. 9 00:00:25,680 --> 00:00:26,200 Kathy Willes. 10 00:00:26,920 --> 00:00:27,040 Here. 11 00:00:27,740 --> 00:00:28,520 Pat Bear. 12 00:00:28,920 --> 00:00:29,080 Here. 13 00:00:30,240 --> 00:00:30,960 Jack Hezlet. 14 00:00:31,140 --> 00:00:31,380 Here. 15 00:00:32,100 --> 00:00:32,940 Sean Riley. 16 00:00:34,440 --> 00:00:35,340 Herman Hicks. 17 00:00:37,800 --> 00:00:40,160 Dennis Patty here. 18 00:00:42,780 --> 00:00:45,880 Thank you. With that I'd like to go ahead and proceed with 19 00:00:45,880 --> 00:00:50,140 consideration of the minutes for the September 19th. Did anybody have any 20 00:00:50,140 --> 00:00:54,660 comments or fatigue? I was absent so I have nothing to mention. 21 00:00:57,270 --> 00:00:57,650 I'd like to move 22 00:00:57,650 --> 00:01:03,190 with the minutes you're accepted. Okay. Okay. I'll have a motion to approve the 23 00:01:03,190 --> 00:01:09,730 minutes by Mitch and seconded by Jack. If I could have a show of hands for 24 00:01:12,050 --> 00:01:21,750 As you can see, actually I need that abstain, so passes, passes with an eight to zero. 25 00:01:23,230 --> 00:01:24,630 With that two, 26 00:01:32,990 --> 00:01:34,510 let's paper up here tonight. 27 00:01:34,630 --> 00:01:37,510 Let's excuse me, I got fun of my agenda again. 28 00:01:40,050 --> 00:01:41,330 Thank you. 29 00:01:41,610 --> 00:01:41,890 Okay. 30 00:01:42,350 --> 00:01:46,270 With that, we can proceed to the public forum. 31 00:01:48,230 --> 00:01:54,290 This public form is a general public form, we will have a time for everybody speaking about certain issues. 32 00:01:54,430 --> 00:01:58,430 We do have several items up for discussion tonight. 33 00:01:59,090 --> 00:02:05,610 So I think it'd be prudent if you had a particular agenda item that you wanted to discuss to address that at this time. 34 00:02:05,810 --> 00:02:09,090 But with that, I will go ahead and open up the public form. 35 00:02:12,570 --> 00:02:20,770 And with that, I have somebody who has lined out their name, a Richard Moon, is that something 36 00:02:20,770 --> 00:02:21,590 that... 37 00:02:21,590 --> 00:02:25,310 Yeah, well, we'll speak on one of those things. 38 00:02:25,450 --> 00:02:26,710 Alright, thank you very much. 39 00:02:27,070 --> 00:02:29,930 With that, you have a Max Patrick. 40 00:02:33,850 --> 00:02:34,410 Okay. 41 00:02:35,050 --> 00:02:35,290 Okay. 42 00:02:36,050 --> 00:02:39,070 With that, I'll see if there's anybody else who would like to... 43 00:02:39,070 --> 00:02:48,610 Speaking the general public form, we have that, we'll go ahead and close the public form and we'll proceed on to our first agenda item. 44 00:02:51,890 --> 00:02:52,670 Thank you Mr. Chairman. 45 00:02:53,910 --> 00:02:57,510 The first item on the agenda is a vacation case. 46 00:02:58,230 --> 00:03:04,190 For those of you who are here for the rezoning public hearings, if you will, just give us your patience this evening. 47 00:03:04,190 --> 00:03:10,250 We want to cover this from the first. It was submitted long before the reason I request 48 00:03:10,250 --> 00:03:14,710 to earn. So we deal with things in order they received. So we're going to take care of this from the first. 49 00:03:17,760 --> 00:03:26,120 The vacation request is for a portion of a utility easement on the address 1308 J. Court. 50 00:03:26,380 --> 00:03:33,820 A brief history on this area. The large backyards, amongst all these houses here, 51 00:03:33,820 --> 00:03:40,740 was originally plated as an open area as one large lot, and over the years that was broken 52 00:03:40,740 --> 00:03:48,160 up into giving portions of that back to the adjacent property owners, and then another 53 00:03:48,940 --> 00:03:54,940 vacation case, the drainage portion of that larger area was vacated, so all that remains 54 00:03:54,940 --> 00:03:58,440 as a utility easement blanket utility easement over this area. 55 00:03:58,440 --> 00:04:06,560 And now at this time, the current property owner of J-Cort is a 13-08 J-Cort, is requesting 56 00:04:06,560 --> 00:04:13,340 a vacated portion of that utility easement, and he wishes to do so to allow room for construction 57 00:04:13,340 --> 00:04:14,680 of a detached garage. 58 00:04:16,580 --> 00:04:27,380 We have worked staff has worked with the owner to coordinate an acceptable, at least in the 59 00:04:27,380 --> 00:04:35,400 variable area in the backyard. To do that, we basically recommend that he vacates all except 60 00:04:35,400 --> 00:04:40,000 for the normally required portions of easement that are standard for the subdivision 61 00:04:40,000 --> 00:04:45,920 regulations, which includes a 20 foot utility easement along the back property line. In 62 00:04:45,920 --> 00:04:51,920 this case, we ask that 10 feet be remained and the other 10 feet would be on the adjacent property 63 00:04:51,920 --> 00:04:56,340 on our side should they choose to vacate their utility easement as well. 64 00:04:57,200 --> 00:05:00,580 We also required five feet along the side property line. 65 00:05:01,460 --> 00:05:03,180 The other five feet would be on the adjacent property. 66 00:05:03,300 --> 00:05:05,460 And that is to accommodate a street light utility. 67 00:05:06,680 --> 00:05:10,560 And then we also, there's an existing west star line through the middle of the lot. 68 00:05:10,980 --> 00:05:15,480 And so we required 10 feet to accommodate the existing west star line. 69 00:05:17,680 --> 00:05:21,800 When west star energy was sent this vacation request, 70 00:05:21,800 --> 00:05:29,460 they responded saying that the proposed arrangement was okay with them, the existing lines 71 00:05:29,460 --> 00:05:34,020 are accommodated by the utility easements that would be retained and so they didn't object 72 00:05:34,020 --> 00:05:39,260 to the vacation, but they just want to remind the property owner that should the existing 73 00:05:39,260 --> 00:05:44,800 line be exposed in a location that it's not shown on the plans that the property owner would 74 00:05:44,800 --> 00:05:48,100 be responsible for the cost of relocating that line. 75 00:05:51,340 --> 00:05:56,180 I don't think the staff has any additional comments on that. 76 00:05:56,320 --> 00:06:00,240 Of course, I'd be happy to answer any questions that the commission might have, 77 00:06:00,340 --> 00:06:04,700 and I'll be the property owner's here as well and can respond to any questions. 78 00:06:05,700 --> 00:06:05,800 Yeah. 79 00:06:09,490 --> 00:06:12,430 Is this going to be a regular garage with the driveway and everything? 80 00:06:12,550 --> 00:06:14,250 Where is he going to enter it from? 81 00:06:15,390 --> 00:06:16,050 Good question. 82 00:06:18,070 --> 00:06:22,690 The driveway, the existing driveway, I'm not sure the area here is clear enough. 83 00:06:23,870 --> 00:06:30,790 But the drive will just be extended around the north side of the house to access that garage. 84 00:06:31,830 --> 00:06:36,270 If you'd like specific plans, I mean, obviously we have an approved the garage permit, 85 00:06:36,510 --> 00:06:38,570 yet it has not been submitted because this case is pending. 86 00:06:39,570 --> 00:06:43,290 But if you'd like more specific, simply the property, and I would probably address those questions. 87 00:06:44,410 --> 00:06:50,130 I don't think it's important as long as there is access to it that would be suitable to you. 88 00:06:51,540 --> 00:06:56,280 Josh, did you feel there was a sufficient space along the north side of the Hellename? 89 00:07:03,430 --> 00:07:04,670 Thank you. 90 00:07:05,630 --> 00:07:12,490 Yeah, so there's about eight feet between the property line and the landscaping that we have. 91 00:07:12,570 --> 00:07:17,590 So there's actually probably closer to nine to nine half feet between that in the house. 92 00:07:18,950 --> 00:07:21,330 So there it's tight, but it's manageable. 93 00:07:21,330 --> 00:07:24,550 Is your neighbor okay with it? 94 00:07:25,030 --> 00:07:31,710 We've talked about it and as far as, you know, it's not going to be right up against the property of this service. 95 00:07:32,050 --> 00:07:34,270 There are some sewer things we're having to avoid. 96 00:07:35,130 --> 00:07:37,610 So we're going to have it away from their property line. 97 00:07:38,350 --> 00:07:40,330 And they seem to be okay with it. 98 00:07:46,130 --> 00:07:49,330 Is there any drainage concerns that we have with this? 99 00:07:49,330 --> 00:07:53,490 I mean, I know to utilities, but is there any issue drainage rises? 100 00:07:53,490 --> 00:07:58,330 This is going to be competing in the drainage of the city. 101 00:07:58,770 --> 00:08:00,530 Or it doesn't sound like the staff had any concerns. 102 00:08:01,050 --> 00:08:04,170 I'm sorry I'm looking at, we have Dan Squares here tonight, 103 00:08:04,390 --> 00:08:05,410 our city engineer. 104 00:08:07,170 --> 00:08:07,810 Just wanted to verify. 105 00:08:08,050 --> 00:08:09,450 I'm aware of that. 106 00:08:09,450 --> 00:08:12,210 At this time, staff doesn't have any concerns with the drainage. 107 00:08:12,610 --> 00:08:15,770 Of course, we'll take a look at that when the garage permit comes in. 108 00:08:16,670 --> 00:08:19,770 Also, we have to address some minor grading concerns with that. 109 00:08:23,280 --> 00:08:25,180 Do anything else that you want to discuss? 110 00:08:25,180 --> 00:08:26,220 I'll discuss on the phone. 111 00:08:26,940 --> 00:08:27,140 Okay. 112 00:08:27,140 --> 00:08:27,940 Thank you. 113 00:08:30,280 --> 00:08:38,400 With that, like I hear some input from our panic commission, see if anybody had any concern 114 00:08:38,400 --> 00:08:39,840 on this. 115 00:08:44,730 --> 00:08:49,530 Utility companies had no issue or concerns, is what I saw on the report? 116 00:08:50,210 --> 00:08:50,810 That's correct. 117 00:08:50,810 --> 00:08:55,290 The only utility company that responded was Wester Energy and made a dot-object. 118 00:08:55,290 --> 00:08:58,450 I want you to tell the companies do not provide me feedback. 119 00:08:59,510 --> 00:09:00,410 Thank you. 120 00:09:02,320 --> 00:09:02,520 So, yes. 121 00:09:03,220 --> 00:09:06,820 So, when he submit to the drawing for the garage, 122 00:09:06,980 --> 00:09:13,260 the location and the size, we can further do more recommendations at that time. 123 00:09:14,800 --> 00:09:15,100 Absolutely. 124 00:09:16,720 --> 00:09:20,120 The garage permit is submitted, staff will review that 125 00:09:20,120 --> 00:09:23,520 and make sure that all requirements of the zoning ordinance have been met. 126 00:09:23,860 --> 00:09:25,680 We'll not come back before the planning commission. 127 00:09:25,680 --> 00:09:29,580 It's handled administratively by staff, right? 128 00:09:31,060 --> 00:09:35,260 Yeah, this is our only chance to discuss this, but this was a concern. 129 00:09:35,700 --> 00:09:42,280 There is no normal association in that area that could have to approve these changes. 130 00:09:45,300 --> 00:09:50,000 Any restrictions or confidence by the Homeowners Association is there responsibility to enforce 131 00:09:50,000 --> 00:09:51,800 not the cities or the planning commissions? 132 00:09:52,840 --> 00:09:55,060 To answer your question, I believe that the property under 133 00:09:55,060 --> 00:09:58,200 can probably respond by that I can't have a record of the H. 134 00:09:58,300 --> 00:09:59,580 H.O.A. is. 135 00:09:59,580 --> 00:09:59,800 Okay. 136 00:10:04,740 --> 00:10:07,280 Did anybody else have a concern about that? 137 00:10:08,080 --> 00:10:11,160 I'm thinking, please tell me from wrong, but I don't think that neighbor 138 00:10:11,160 --> 00:10:13,400 had as an association does it at their time. 139 00:10:13,940 --> 00:10:14,360 Thank you. 140 00:10:17,870 --> 00:10:21,390 How does anybody have a recommendation or a motion to please? 141 00:10:22,870 --> 00:10:29,350 I am in a commotion that we approve the recommending of the government body, the city of 142 00:10:29,350 --> 00:10:34,350 Derby Grant, a request for a vacation for a portion of the plated utilities and a 143 00:10:34,350 --> 00:10:40,890 lot of 50A, we plowed a part of Block A Derby Hills edition, Derby Kansas. 144 00:10:42,890 --> 00:10:43,810 I'm sorry, second. 145 00:10:44,390 --> 00:10:44,870 I'm sorry. 146 00:10:45,630 --> 00:10:53,650 Okay, with that, just to reiterate to everybody, please show your sign of approval on the adoption. 147 00:10:53,790 --> 00:11:01,110 So I'm Mr. Chair, if I may interrupt, the motion would be to adopt a resolution recommending approval 148 00:11:01,110 --> 00:11:02,910 to be forwarded to the City Council. 149 00:11:03,090 --> 00:11:03,910 To the City Council. 150 00:11:04,010 --> 00:11:05,350 Thank you for that clarification. 151 00:11:07,450 --> 00:11:10,510 So, okay, I am ended that. 152 00:11:10,690 --> 00:11:11,270 Do you amend that? 153 00:11:11,970 --> 00:11:17,210 So, we have an amended resolution for the recommendation of the approval to be moved to be 154 00:11:17,210 --> 00:11:18,530 motioned onto the sake of council. 155 00:11:18,770 --> 00:11:23,430 So, you can invite Ms. Chambers if everybody could show a motion of approval with their right 156 00:11:23,430 --> 00:11:24,050 hand. 157 00:11:27,040 --> 00:11:29,340 And I pass as unanimously, nine to zero. 158 00:11:33,830 --> 00:11:34,330 Thank you. 159 00:11:36,670 --> 00:11:38,570 Thank you very much. 160 00:11:41,430 --> 00:11:44,390 With that, we can move on to a item number two. 161 00:11:44,390 --> 00:11:45,270 And 162 00:11:51,600 --> 00:12:17,780 with that, I would like to make an announcement to the meeting and everyone who is here that with this meeting, I am planning to abstain from the vote on this selection and my reasons are that although I do not have a relationship or work with the applicant, 163 00:12:18,900 --> 00:12:25,140 the company that I worked for has been involved with this project in the past. 164 00:12:26,520 --> 00:12:32,820 And I do not like the image or perceived conflict of interest while I do not work for the client. 165 00:12:33,560 --> 00:12:41,960 And I'm on salary and so justly I don't have any financial interest in it. 166 00:12:41,960 --> 00:12:50,220 I am going to go ahead and abstain from this, but I do in an attempt to be able to maintain 167 00:12:50,220 --> 00:12:57,660 an objective point, I am going to sit back and chair this meeting and make sure that we 168 00:12:57,660 --> 00:13:03,380 follow our Roberts rules and that we get everybody a chance to say what they have to 169 00:13:03,380 --> 00:13:07,240 say, listen to everything, listen to the staff and make a recommendation. 170 00:13:07,240 --> 00:13:22,320 So with that I'd like to proceed with that and go ahead and ask Cody to go ahead and proceed with, oh, I'm sorry, I don't need to go ahead and open for the public hearing first. 171 00:13:22,620 --> 00:13:37,100 Okay, with that I would go ahead and request for the public hearing for item number two, which is the zone change request from an R1 single family to residential planning unit development. 172 00:13:40,300 --> 00:13:47,540 for less communities. With that could I go ahead and could you first establish that there's 173 00:13:47,540 --> 00:13:53,800 a column for the public hearing? Oh sure. With that and maybe stepping away to be dead 174 00:13:53,800 --> 00:14:00,940 staying from that, I see here that we do have eight people, honor upon the commission and 175 00:14:00,940 --> 00:14:07,960 we need six to provide a quorum. So with that we still do have a quorum. So with that I'd 176 00:14:07,960 --> 00:14:13,760 like to go ahead and proceed with public hearing. Thank you Mr. Chairman, full record public 177 00:14:13,760 --> 00:14:21,480 notice was provided as according to law. The owners of property within 200 feet of the area 178 00:14:21,480 --> 00:14:27,040 subject to be resound were mailed individual notices 20 days or minimum 20 days in advance of 179 00:14:27,040 --> 00:14:31,220 public hearing, and it was also published in the official city newspaper of the Derby 180 00:14:31,220 --> 00:14:37,740 Informer on October 16. In addition to that city staff also placed signs on the property 181 00:14:37,740 --> 00:14:40,700 to be resowned and notified of this public meeting. 182 00:14:42,460 --> 00:14:50,260 Thank you. And with that, I will move on to the staff recommendations and the staff report. 183 00:14:51,460 --> 00:14:59,920 But this overall area, actually let me, let me take a step back if I can and kind of temper this with an explanation. 184 00:15:00,000 --> 00:15:08,960 And the broader area. Well, we've got three different zone change requests on the agenda for tonight, all in close proximity to the others. 185 00:15:10,360 --> 00:15:22,720 So although the merits of each location need to be considered individually, it's impossible to completely avoid looking at the overall impact of several zone changes which will allow increased densities. 186 00:15:23,440 --> 00:15:28,720 So just for the Planning Commission's benefit and for those of you in the audience at home, 187 00:15:30,300 --> 00:15:33,540 we are looking at three different areas here in the Oaks, 188 00:15:33,820 --> 00:15:39,500 which if you refer to this map, are highlighted in the colors here on the bottom and are labeled. 189 00:15:40,740 --> 00:15:45,160 The piece that we're looking at first is for the residential planning and development. 190 00:15:45,160 --> 00:15:53,120 And that is the area that is kind of shaded over with the hash marks and it's labeled as location A. 191 00:15:55,480 --> 00:16:00,340 So I do want to just kind of give you a brief background on a residential planning and development. 192 00:16:01,180 --> 00:16:03,980 It is not one of our standard baseline zoning districts. 193 00:16:04,280 --> 00:16:07,560 It's actually a conditional use zoning district. 194 00:16:08,240 --> 00:16:15,780 And the way that works is the owner of the property or the agent of the prospective buyers, in this case, 195 00:16:15,780 --> 00:16:23,800 have a development plan which they choose to implement with appropriate approvals and with that plan, 196 00:16:24,020 --> 00:16:29,500 they've submitted their documents showing exactly what they want to do with this property. 197 00:16:31,000 --> 00:16:35,140 What they had originally proposed didn't fit one of our baseline zoning districts, 198 00:16:35,460 --> 00:16:38,940 and which is why they've requested the PUD, which is planning an development. 199 00:16:38,940 --> 00:16:46,300 But the advantages of a PUD, it allows some flexibility in development, especially in cases 200 00:16:46,300 --> 00:16:52,280 where the normal requirements of the baseline zoning districts aren't necessarily needed 201 00:16:52,280 --> 00:16:57,920 or if additional restrictions are needed to appropriately reflect the goals of the zoning 202 00:16:57,920 --> 00:16:58,500 ordinance. 203 00:16:59,460 --> 00:17:01,160 And in this case, I think both are relevant. 204 00:17:01,980 --> 00:17:07,420 The applicant wishes to increase some densities and do a few things that are a little bit unique 205 00:17:07,420 --> 00:17:11,220 that would not normally be permitted under our normal R3 zoning, 206 00:17:11,340 --> 00:17:12,440 which is multi-family. 207 00:17:13,280 --> 00:17:17,000 And also there are some concerns from staff and neighbors 208 00:17:18,400 --> 00:17:21,860 for a need for some additional landscaping controls. 209 00:17:22,360 --> 00:17:23,860 And so through the plan you've developed, 210 00:17:24,200 --> 00:17:26,880 we're able to address all of those needs. 211 00:17:30,490 --> 00:17:38,530 So with that, this request is looking at approximately 23.924-acre 212 00:17:38,530 --> 00:17:46,130 site, for which the applicant is proposing, I'm sorry, the contract purchase series is proposing 213 00:17:46,130 --> 00:17:54,710 to build a 444 unit apartment complex. They propose to do so through a mix of two 214 00:17:54,710 --> 00:17:56,450 story and three story buildings. 215 00:17:58,870 --> 00:18:03,590 Within the normal main signs are industry, the 45 foot, 216 00:18:03,590 --> 00:18:09,410 are the 35-foot height requirement for R3 would not permit a three-story building and that's one of the 217 00:18:09,410 --> 00:18:12,930 exceptions that they're looking to achieve through the use of the plan unit development. 218 00:18:14,370 --> 00:18:22,750 In addition to that, the zoning, the density that's allowed by the R3 zoning is 18-0 units per acre 219 00:18:22,750 --> 00:18:29,930 and they've increased their request to approximately 20-0 units per acre. So that's an additional 220 00:18:29,930 --> 00:18:38,730 exception to our baseline district without getting into the all of the findings of 221 00:18:38,730 --> 00:18:45,090 fact which the planning commission will consider momentarily I don't think that 222 00:18:45,090 --> 00:18:48,390 there's anything additionally that I need to add that's not going to be covered 223 00:18:48,390 --> 00:18:53,470 later in this report that was really kind of our overview so with the chairs permission 224 00:18:53,470 --> 00:18:58,670 I'd like to offer the applicant a chance to state their case to make a brief presentation 225 00:19:01,740 --> 00:19:15,720 Sorry, does anybody have any simple questions for Cody before he delves into this that we should ask now before we go ahead and ask for the applicant to inform us. 226 00:19:16,300 --> 00:19:16,580 Anybody? 227 00:19:17,440 --> 00:19:17,620 Okay. 228 00:19:18,000 --> 00:19:21,920 With this, I'd go ahead and do a request that the applicant come up. 229 00:19:22,260 --> 00:19:23,160 Thank you. 230 00:19:28,510 --> 00:19:28,810 Mr. Chair. 231 00:19:31,680 --> 00:19:34,360 I appreciate the opportunity to be here tonight. 232 00:19:34,560 --> 00:19:40,080 We are excited to be back here at Derby to begin another process here. 233 00:19:40,260 --> 00:19:44,580 It was about 10 years, I guess, that we were here the first time to develop our first 234 00:19:44,580 --> 00:19:51,520 days of the properties and Derby has been very good for us, to us, and we want to be a good 235 00:19:51,520 --> 00:19:53,040 neighbor and be good to Derby as well. 236 00:19:53,220 --> 00:19:58,480 We're not here to try and pose ourselves on you or tell you how to run things or on these 237 00:19:58,480 --> 00:20:04,200 people here tonight, but we do feel like that there's been a fit in the Lindsey Company 238 00:20:04,200 --> 00:20:08,220 but also Derby is a community for this development. 239 00:20:09,620 --> 00:20:14,040 I have working at an IQ jet with the Lindsey Company, earning peers with peers at a 240 00:20:14,040 --> 00:20:19,300 associate's at traffic engineer and George DuCain who is a civil engineer with women associates. 241 00:20:20,200 --> 00:20:23,620 They're here to answer any questions that we might have during the process tonight. 242 00:20:26,320 --> 00:20:33,100 Back in the summer, we met with the neighbors, some of the neighbors, as we could get information 243 00:20:33,100 --> 00:20:40,660 out to them, and met to go over an initial plan that we had for this property, and quite 244 00:20:40,660 --> 00:20:44,420 a few showed up, and we were able to have good debate about that, and listen to some 245 00:20:44,420 --> 00:20:52,680 of their concerns, and we find that typically the concerns of traffic and drainage 246 00:20:53,420 --> 00:21:03,360 schools, property values, crime, our typical issues that we run across frequently in our development 247 00:21:03,360 --> 00:21:03,920 process. 248 00:21:08,370 --> 00:21:13,610 This, we do have, Lindsey Company does have a long history. 249 00:21:14,190 --> 00:21:19,130 I've been working with Mr. Lindsey for over 25 years and the Lindsey Company has over 36,000 250 00:21:19,130 --> 00:21:21,430 apartment units in eight different states. 251 00:21:21,430 --> 00:21:29,550 So this is our first rodeo, so to speak, but we have done this before and feel like that 252 00:21:29,550 --> 00:21:34,350 we could address the concerns of the city and the neighbors and still have a viable product 253 00:21:34,350 --> 00:21:35,790 at the end of the day. 254 00:21:36,610 --> 00:21:42,490 Mr. Lansing regrets that he can be at an ID took a fall last week and is recuperating 255 00:21:42,490 --> 00:21:43,370 from that. 256 00:21:43,550 --> 00:21:50,050 I'm sure he would rather be here than where he is this evening, but with that we will address 257 00:21:50,050 --> 00:21:54,150 So those issues in concerns as we go on tonight. 258 00:21:54,830 --> 00:22:00,730 Now, when we met back this summer with the neighbors, and we took notes and reference 259 00:22:00,730 --> 00:22:06,270 to their concerns about the issues that I've listed earlier, at that time we had proposed 260 00:22:06,270 --> 00:22:14,110 540 dwelling units on the 23-acre site, and because of the feedback that we received 261 00:22:14,110 --> 00:22:22,510 at that time. We went back and not only looked at the site plan, but also looked at our financial 262 00:22:23,090 --> 00:22:28,690 situation. Our performance is to what will allow us to proceed with the project from a financial 263 00:22:28,690 --> 00:22:35,870 standpoint. And so we were able to cut about about a hundred units off of the initial 540 number 264 00:22:35,870 --> 00:22:43,770 that we proposed and bring that down to a 444 number is what we proposed tonight. And 265 00:22:44,510 --> 00:22:57,090 I would like to say that we could be more flexible with that number, but unfortunately the numbers just don't work from a profit loss standpoint for us to go beneath that. 266 00:22:58,150 --> 00:23:07,010 So we have, I think as far as we can, there, not to say that there are hopefully there are other issues that we may be able to find common ground with. 267 00:23:10,820 --> 00:23:15,560 These are the eight states that we're involved in right now. 268 00:23:16,580 --> 00:23:21,280 This is a typical golf course in a clubhouse location. 269 00:23:22,420 --> 00:23:25,560 This property will be in the middle of the golf course. 270 00:23:26,040 --> 00:23:30,700 Here at Derby that there's a company owns now and operates in main tanks. 271 00:23:31,000 --> 00:23:32,980 So it is an extension of that. 272 00:23:32,980 --> 00:23:41,060 And I think one thing that hopefully people would consider in the Disney question that although 273 00:23:41,060 --> 00:23:45,600 the, the Disney that we're asking for now actually works out to be about 18.6 units per 274 00:23:45,600 --> 00:23:54,020 acre, which is about half a unit over what the R3 density would allow, that I think if we took 275 00:23:54,020 --> 00:23:58,860 all of the apartment units that are under the Lindsey umbrella here, including these, 276 00:24:02,960 --> 00:24:02,960 and 277 00:24:02,960 --> 00:24:10,040 the golf course that would find those visities are much lower than that 18-uncorrected number. 278 00:24:13,500 --> 00:24:21,140 As Cody said, this is the subject property there north of metal art, and you see that the 279 00:24:21,140 --> 00:24:25,640 lensy golf course completely wraps the property 360 degrees. 280 00:24:27,880 --> 00:24:30,120 This is the proposed site plan 281 00:24:30,120 --> 00:24:42,900 landscape plan, and it shows the buildings dispersed here, and you'll see that I guess we need to show it this way for you guys that. 282 00:24:43,060 --> 00:24:48,740 From metal art to the first, the darker buildings are a three story building. 283 00:24:50,140 --> 00:24:59,600 The lighter shaded buildings are two story buildings, and the distance at metal art from metal art to the first three story building 284 00:24:59,600 --> 00:25:01,740 It's over 600 feet. 285 00:25:02,200 --> 00:25:08,220 So we're 200 football or I'm sorry, two football fields from Manelark to that first three story building. 286 00:25:09,600 --> 00:25:13,920 So it's, you know, or another way to look at it's two city blocks there. 287 00:25:14,500 --> 00:25:17,760 Also on this side with the neighbors at Newbury, 288 00:25:19,540 --> 00:25:27,940 from the closest house to the closest three story buildings is over 900 feet to those locations, free football fields. 289 00:25:27,940 --> 00:25:36,800 So we feel like the distances between these three story buildings or the apartment buildings 290 00:25:36,800 --> 00:25:41,380 and the existing single family residential is quite substantial and worth noting. 291 00:25:43,180 --> 00:25:46,940 We have also from a topographical standpoint. 292 00:25:49,360 --> 00:25:50,620 We'll be back back up. 293 00:25:51,520 --> 00:25:58,060 This, the way the topography works right in this area, there's a power line that runs right through here. 294 00:25:58,060 --> 00:26:03,720 And right in this area, the elevation is about 35 feet. 295 00:26:03,720 --> 00:26:09,600 The elevation back in here is 20 to 25 feet, and then our base elevation here is about 28. 296 00:26:10,280 --> 00:26:16,420 So basically, you have a 15-foot grade gradient rise in this area here between this location 297 00:26:16,420 --> 00:26:21,240 and the houses, and so by the time we get to the apartment units, basically you're looking 298 00:26:21,240 --> 00:26:29,180 over a crest, two of those units, and my point is that you're not looking straight up 299 00:26:29,180 --> 00:26:33,260 to the three-story building. There's quite a distance removed, and the topography has an 300 00:26:33,260 --> 00:26:34,600 impact on that as well. 301 00:26:37,560 --> 00:26:44,080 This is the site plane, and a little easier to read in the three 302 00:26:44,080 --> 00:26:49,300 numbers here, and once again, you've got two-story buildings on the fringes here, on the 303 00:26:49,300 --> 00:26:55,740 and then we go into the three-store buildings. We have also, there's a little finger of land here 304 00:26:55,740 --> 00:27:03,020 that we are proposing to be single family homes. And this would act as a buffer between the existing 305 00:27:03,020 --> 00:27:11,660 single family and the multi-family that we have now. Also, we have agreed to continue look out 306 00:27:11,660 --> 00:27:20,480 straight here, and that street will eventually tie into the plated subdivision to the north 307 00:27:20,480 --> 00:27:29,520 there. We will have an emergency access point right here onto look out, but we have agreed 308 00:27:29,520 --> 00:27:35,940 to put a security gate at that point that would be operable by the first responders 309 00:27:36,450 --> 00:27:41,540 with a Knoxbox situation where they will have access to that, but our traffic or the traffic 310 00:27:41,540 --> 00:27:52,580 the internal traffic from the multifamily development will not use that, that access point right there and traffic will not travel through 311 00:27:52,580 --> 00:28:02,800 newberry to the north. So all of our traffic will flow out onto Melark and not onto look out or newberry at all. 312 00:28:03,280 --> 00:28:08,980 Also on the site plane you notice that the all of the parking is internal to the property. 313 00:28:08,980 --> 00:28:17,780 So all of our neighbors are buffered first of all by a minimum of 300, 300 to 400 feet of green space in the golf course. 314 00:28:18,260 --> 00:28:24,480 These are the multifamily buildings around the perimeter and then the parking internal to that. 315 00:28:24,840 --> 00:28:35,020 Reason to bring that up is so that it's understood that we won't be looking at a big box store type parking lot with the big lights there. 316 00:28:35,020 --> 00:28:41,320 will be the buildings will screen or shelter those parking areas. 317 00:28:41,840 --> 00:28:44,220 And then in the very center of the complex there, 318 00:28:44,320 --> 00:28:46,600 we'll have free-story buildings surrounding a resort like 319 00:28:46,600 --> 00:28:51,600 Swimpool and the Clubhouse here about a center of $50,000 320 00:28:51,600 --> 00:28:56,200 in our Clubhouse with fitness centers, management offices, 321 00:28:57,380 --> 00:29:01,860 tanning beds, of course the pool, and business centers are 322 00:29:01,860 --> 00:29:08,680 okay therefore the tenants themselves. We have proposed a full of our type 323 00:29:08,680 --> 00:29:14,880 entry off of mental art that will align with raw hide their across the street. 324 00:29:16,380 --> 00:29:23,180 70% of the buildings will all be 70% break 70% or more so they're very similar in 325 00:29:23,180 --> 00:29:28,880 design to the to the buildings that are in place now. They've evolved a little bit 326 00:29:28,880 --> 00:29:34,060 over the years since we've started this, hopefully gotten better and a little more quality 327 00:29:34,060 --> 00:29:37,180 in the terms of the materials that we use, 328 00:29:48,050 --> 00:29:50,870 we'll get into the density and many of these 329 00:29:50,870 --> 00:29:58,750 here a little bit, I'm going to let you take over with that and discuss the occupancy rates. 330 00:30:05,970 --> 00:30:35,950 Thank you. My name is huge, you're at work for the Lindsey Company, and I was going to go through a few of the numbers. On our, the density we're looking at here is 18.58 units to slightly above the R3 zoning. On site, which kiln touched on, we have onsite management at all of our properties and this one would be the same. Our managers actually live above that clubhouse. So, basically you have the person man in the store that lives there. 331 00:30:35,970 --> 00:30:45,730 on site. Mr. Windsi has developed a very intensive management practice. What I mean about 332 00:30:45,730 --> 00:30:51,650 that is, we screen our applicants very, our residents very well. If you have a felony, you 333 00:30:51,650 --> 00:30:58,490 cannot live with us. If you have a violent misdemeanor, you cannot live with us. People, 334 00:30:58,990 --> 00:31:03,350 they're certain credit scores that are set. If you have extremely low credit, you cannot 335 00:31:03,350 --> 00:31:10,770 live with us. Through this process, we have been very effective in keeping our developments 336 00:31:10,770 --> 00:31:15,990 in a desirable place to live. I say that the five-year average object you can see as a 337 00:31:15,990 --> 00:31:21,270 separate of the 828 units that are currently north. That's the grains in the fairways. Over 338 00:31:21,270 --> 00:31:30,270 a five-year period, the average object you can see is 99.87%. So there is a huge need in the city 339 00:31:30,270 --> 00:31:35,790 Derby for this type of housing there's it's you know you don't get to 99.87 percent 340 00:31:35,790 --> 00:31:40,030 I can see without providing a product that people like and the city of Derby has been 341 00:31:40,030 --> 00:31:44,170 very good to Mr. Lindsey and the Lindsey company and we hope that we've been a good 342 00:31:44,170 --> 00:31:52,210 neighbor while we've been here. During the this process Cody had sent me a letter that the police 343 00:31:52,210 --> 00:31:59,050 chief had provided to the city manager and you can't really see that really but the highlight 344 00:31:59,050 --> 00:32:04,290 had you all seen though to the memo that was provided to the city manager from the police chief. 345 00:32:04,910 --> 00:32:11,230 Then if you have and I'll apologize, but that highlighted the highlighted portion basically 346 00:32:11,230 --> 00:32:13,310 states that 347 00:32:17,690 --> 00:32:21,530 says in conclusion I believe the data supports the facts that the fairways 348 00:32:21,530 --> 00:32:26,610 and greens, those are the vintage developments, apartment complexes which have proactive security 349 00:32:26,610 --> 00:32:32,310 measures are no more prone to crime than single family homes in the same geographic area. 350 00:32:32,310 --> 00:32:39,990 In fact, the fairways and the grains have less crime per unit than the single family homes in the Oaks and broadmore hills. 351 00:32:40,850 --> 00:32:45,990 This is the memo from the WACG, and it has some more numbers. 352 00:32:47,210 --> 00:32:57,470 But in fact, the per unit, crime rate in the grains and the fairways is lower than the neighborhoods to the south and the neighborhoods that surround us in the golf course. 353 00:32:57,470 --> 00:33:03,390 And that a lot of that has to do with we have a courtesy officer program where we allow off duty 354 00:33:04,010 --> 00:33:07,270 Long force officers to live with us. So we 355 00:33:07,270 --> 00:33:09,330 Mr. Lindsay has taken a very 356 00:33:09,330 --> 00:33:14,450 conscious effort to try to keep a very safe, stable and desirable place 357 00:33:15,350 --> 00:33:17,610 for people to live 358 00:33:18,570 --> 00:33:19,050 the 359 00:33:19,050 --> 00:33:19,270 The next 360 00:33:20,390 --> 00:33:27,370 If I could if I could interrupt you for just one second. Yeah, I apologize to the plane commission that we didn't get that memo in your packets 361 00:33:27,470 --> 00:33:37,510 But if you have questions when Mr. Jared is completed with his presentation, Derby's police chief Lee is here and he can answer any questions that you might have regarding that report. 362 00:33:37,670 --> 00:33:38,610 Okay. Thank you. 363 00:33:38,870 --> 00:33:39,410 Thank you. 364 00:33:39,410 --> 00:33:39,570 The... 365 00:33:40,090 --> 00:33:41,610 This is the... 366 00:33:41,610 --> 00:33:44,770 A lot about traffic that Mr. Peters is going to speak to, 367 00:33:45,350 --> 00:33:50,850 Mom and Terrily, and also this is a picture of a golf course upon that we have another property. 368 00:33:50,850 --> 00:33:55,470 The drainage was mentioned at the earlier meeting that we had with the neighbors. 369 00:33:57,330 --> 00:34:01,370 And we will work out a drainage solution with the city. 370 00:34:01,550 --> 00:34:03,890 George can speak to it if there are any specific questions. 371 00:34:05,030 --> 00:34:10,230 That will ensure that the drainage is approved by the city manager 372 00:34:10,230 --> 00:34:13,750 and will not become an issue off-site. 373 00:34:14,570 --> 00:34:20,010 One thing that, you know, Kim mentioned that there's really misconception about apartment 374 00:34:20,010 --> 00:34:26,470 developments about the crime issues, which I think the fact really, in this case, point 375 00:34:26,470 --> 00:34:30,550 to the crime issues at the Greens and the fairways are lower than the surrounding areas. 376 00:34:30,650 --> 00:34:33,870 So that issue is really kind of a non-issue. 377 00:34:33,990 --> 00:34:38,530 We also find that in our apartments, we have one in two bedroom apartments only. 378 00:34:38,670 --> 00:34:41,330 There aren't any three bedroom apartments in our developments. 379 00:34:41,330 --> 00:34:49,130 So, as a result, we have 0.1 school-age children per apartment complex. 380 00:34:49,330 --> 00:34:53,830 There might be some places that it's hard in that, some places that it's lower, but 381 00:34:53,830 --> 00:34:58,950 across the 36,000 units if you average it, it's about 0.1 school-age children per apartment. 382 00:34:59,590 --> 00:35:04,430 So we have a, compared to the property taxes that we pay, we have relatively low impact 383 00:35:04,430 --> 00:35:10,390 on schools, just because of, you know, as children get older, they need to, more veterans 384 00:35:10,390 --> 00:35:17,590 generally. So we have 0.1 school-ites children in part unit. So they're for a low impact on schools generally. 385 00:35:18,570 --> 00:35:26,010 And also another issue that we encounter is that apartments, lower property values. Well, 386 00:35:26,430 --> 00:35:32,510 that there is no hard evidence that anyone has presented that proves that. In fact, 387 00:35:32,510 --> 00:35:39,130 Roger Weiss, who's a local real estate man here, did some checking for us, and the per 388 00:35:39,130 --> 00:35:44,550 square foot home prices in the Oaks are higher than the surrounding neighborhoods. 389 00:35:46,010 --> 00:35:50,070 All of the homes built in the Oaks were built after the grains. 390 00:35:50,610 --> 00:35:55,830 So the grains are first multi-family development predated all of the homes that were built 391 00:35:55,830 --> 00:35:59,770 in the Oaks, or were contemporaneous, the construction on the grains started first. 392 00:35:59,770 --> 00:36:10,770 So the homes in the oats, which have a higher selling value than the homes in the other areas were built with the multi-family in place prior to that. 393 00:36:13,840 --> 00:36:17,540 If you have any questions, I think I'm going to turn it over to Mr. Paters to discuss the traffic issues. 394 00:36:18,100 --> 00:36:20,480 If you have any questions, be happy to answer. 395 00:36:31,900 --> 00:36:36,940 Mr. Chairman and Commissioner's, my name is Ernie Peters, I'm with Paters and Associates Engineers. 396 00:36:36,940 --> 00:36:43,980 We have been asked to do a traffic study related to this proposed development. 397 00:36:45,060 --> 00:36:47,600 At the time, we undertook this study. 398 00:36:49,020 --> 00:36:55,120 We understood that the proposed number of units was 486, our calculations have been 399 00:36:55,120 --> 00:36:56,520 based on that. 400 00:36:56,520 --> 00:37:06,400 as Mr. Pugat has indicated to you the proper number total count I now is 444. 401 00:37:07,640 --> 00:37:14,780 So although we, our calculations were based on a slightly higher number of units, our results 402 00:37:14,780 --> 00:37:19,740 if anything, error on the side of being conservative in terms of the findings. 403 00:37:19,740 --> 00:37:24,960 We did traffic studies in the latter part of July after school's 404 00:37:24,960 --> 00:37:25,780 in session. 405 00:37:26,700 --> 00:37:31,440 We did those traffic counts at the intersections that are indicated on the 406 00:37:31,440 --> 00:37:33,620 traffic that's on the screen here. 407 00:37:34,180 --> 00:37:38,140 At the time there was consideration still being given to the 408 00:37:38,140 --> 00:37:41,740 possibility of having access to the development, the 409 00:37:41,740 --> 00:37:43,880 new dairy up the tall trees. 410 00:37:44,100 --> 00:37:47,760 So we counted that intersection as well as the intersection of 411 00:37:47,760 --> 00:37:55,220 rock and metal arc and also at the raw-hide intersection where the proposed main access 412 00:37:55,220 --> 00:38:02,340 scribe is located. We projected traffic volumes associated with the development as it's 413 00:38:02,340 --> 00:38:08,800 proposed and we focused our study efforts on the AM&PM peak hours, the peak time, 414 00:38:09,240 --> 00:38:17,740 so traffic generation for multi-family residential units and we then use those values to 415 00:38:17,740 --> 00:38:23,840 do capacity and level of service calculations for what ends up being the 416 00:38:23,840 --> 00:38:30,160 sole point of access to the development since the newberry connection is not 417 00:38:30,160 --> 00:38:34,840 going to be made or it's just an emergency vehicle access as Mr. 418 00:38:34,900 --> 00:38:43,750 Cubans indicated to you and for that condition we found that the intersection of 419 00:38:43,750 --> 00:38:53,770 large and raw height and the site access drive will at full build of this development continue 420 00:38:53,770 --> 00:39:01,750 to operate in an acceptable level of condition. We furthermore did traffic signal warrants 421 00:39:01,750 --> 00:39:08,630 calculations for the intersection and the results of that indicate that the intersection 422 00:39:08,630 --> 00:39:16,810 of metal arc and raw-hide access to the development comes close to meeting signal warrants 423 00:39:16,810 --> 00:39:25,330 at full build but not quite in particular we calculated that it was projected that it 424 00:39:25,330 --> 00:39:34,310 would meet six of required eight hours of the day of the threshold volumes that are needed 425 00:39:34,310 --> 00:39:36,810 to warrant a traffic signal. 426 00:39:37,930 --> 00:39:42,430 The other warrant hours, probably the easiest one to meet, 427 00:39:42,790 --> 00:39:43,870 is the peak hour warrant. 428 00:39:44,130 --> 00:39:48,050 We're only one hour, but a higher threshold value, 429 00:39:48,310 --> 00:39:49,230 needs to be met. 430 00:39:49,530 --> 00:39:51,310 We didn't meet any of those hours. 431 00:39:52,170 --> 00:39:55,430 And for the four-hour warrant, probably the second easiest 432 00:39:55,430 --> 00:39:59,410 warrant to meet, we only meet two of a required four hours 433 00:39:59,410 --> 00:40:00,990 for that threshold of volume. 434 00:40:01,290 --> 00:40:03,470 But for the traditional eight-hour warrant, 435 00:40:03,470 --> 00:40:05,710 We need six of the eight hours. 436 00:40:05,710 --> 00:40:08,870 There's certainly sufficient volume out on metal art, 437 00:40:08,990 --> 00:40:11,430 but the volume on the side street, both on raw height, 438 00:40:11,770 --> 00:40:14,790 which is a very low volume in that residential area, 439 00:40:15,130 --> 00:40:19,210 and on the side side are not quite enough to warrant a signal. 440 00:40:19,430 --> 00:40:21,150 So we've not recommended that. 441 00:40:21,190 --> 00:40:23,710 Our capacity level service calculations indicate 442 00:40:23,710 --> 00:40:25,790 that the intersection you operate 443 00:40:26,390 --> 00:40:31,290 at both during the AM to PMP hours at AMC levels of service. 444 00:40:31,290 --> 00:40:38,710 so very acceptable conditions in only utilize about 40 percent of the intersection capacity 445 00:40:38,710 --> 00:40:39,590 of that location. 446 00:40:39,870 --> 00:40:44,270 So there's room for a background growth for other development in the area as well. 447 00:40:44,510 --> 00:40:48,910 I think I'd answer any questions to try to be brief and not totally detainably. 448 00:40:49,270 --> 00:40:55,670 I can be much more detailed, but normally I lose my listeners when I get too far into it. 449 00:40:55,750 --> 00:40:57,990 So I'd be glad to answer questions if there should be any. 450 00:40:58,830 --> 00:41:00,130 Mr. Chairman? 451 00:41:01,350 --> 00:41:01,950 I have a question. 452 00:41:02,410 --> 00:41:05,930 When you're trying, you're like the traffic light on metal arc. 453 00:41:06,490 --> 00:41:12,970 I understand that you said that you did not think that it warranted a light at that intersection to the, to the apartments. 454 00:41:13,350 --> 00:41:14,250 Yes, for post. 455 00:41:14,510 --> 00:41:27,330 Yes, we determined that the minimum criteria set out in the manual and uniform traffic control devices that is the accepted standard for all cities in the United States. 456 00:41:28,350 --> 00:41:31,650 it's not quite met at full build of the building. 457 00:41:32,290 --> 00:41:33,630 Okay, thank you. 458 00:41:39,130 --> 00:41:40,010 Mr. Chairman. 459 00:41:41,210 --> 00:41:42,530 I'm going to direct this to you, Cody. 460 00:41:42,850 --> 00:41:53,890 In the event that if the war approves and is some point in the future, it was deemed that there did need to be a traffic light there. 461 00:41:53,950 --> 00:41:59,650 Would that be the responsibility of the city of Derby or would that be a responsibility of the developer? 462 00:42:00,970 --> 00:42:08,310 Typically, when signal warrants have been met, the city will require petitions for those 463 00:42:08,310 --> 00:42:13,250 signals, petitions as the financing mechanism to install them. 464 00:42:13,850 --> 00:42:17,950 We would require those to be submitted and kept on record, and then in the future, when 465 00:42:17,950 --> 00:42:23,230 the development achieves full build out, we would initiate those petitions and start assessing 466 00:42:23,230 --> 00:42:25,670 those costs to get the traffic light installed. 467 00:42:27,210 --> 00:42:28,970 I'll bring this up now. 468 00:42:30,810 --> 00:42:37,970 The city staff did ask for some additional traffic information, especially with respect to the overall area, 469 00:42:38,570 --> 00:42:43,210 and not just this one location that's being considered in this public hearing. 470 00:42:44,450 --> 00:42:49,670 But the results of that broader traffic study for the overall area, which accounted for, 471 00:42:49,670 --> 00:42:56,730 increases and densities to the other areas that you'll hear in a few minutes, those numbers 472 00:42:56,730 --> 00:43:03,250 did come back with warrants for a signal there. So at this point, we would be looking to require 473 00:43:03,250 --> 00:43:08,870 that petition, but would not be initiating it until the traffic volumes actually warranted. 474 00:43:10,210 --> 00:43:16,290 We do have some other traffic engineers here who worked on that second study and they 475 00:43:16,290 --> 00:43:20,570 I'm sure they'd be able to answer any questions you might have specifically regarding those numbers. 476 00:43:24,990 --> 00:43:32,810 In regard to that, we have no, we'll cooperate with the city fully and whatever you just determined on that. 477 00:43:33,050 --> 00:43:42,770 Just to wrap up quickly, one of the things that staff in the staff report was mentioned about this lookout extension back here that some of the 478 00:43:42,770 --> 00:43:47,430 a curvature to not meet city specs and we believe that we can work that out, we can 479 00:43:47,430 --> 00:43:52,650 re-align that to some degree and since we do have access to the golf course that we can 480 00:43:52,650 --> 00:44:00,990 maybe extend on to that to create the proper alignment there so that shouldn't be an issue. 481 00:44:02,970 --> 00:44:13,100 And then finally I want to address the screening issues or how the neighbors may look upon 482 00:44:13,100 --> 00:44:28,920 The units here now, this is a computer-generated graphic of the apartment community or the multifamily community as it would rest there as proposed. 483 00:44:29,280 --> 00:44:40,860 This shows the two story buildings, 300 plus feet off of metal art there, you see the clubhouse in the middle you see the island entry. 484 00:44:40,860 --> 00:44:48,940 And this is taken from a six foot eye level, the grade of the apartments is higher than the grade of the streets. 485 00:44:49,060 --> 00:44:54,880 So that's reflected in this drawing. So basically I'm saying all that to say that this drawing is technically correct. 486 00:44:55,440 --> 00:44:59,960 It's not something that's been manipulated. It would be as close to a photograph as we could generate at this point. 487 00:45:00,110 --> 00:45:09,750 Now, this is how we would look for the opposite side of the south side of the metal art with no screening and no buffering. 488 00:45:11,630 --> 00:45:23,270 This is what we would see with the screening. That is a 14-foot, 14- to 18-foot high tree there. 489 00:45:23,270 --> 00:45:30,770 We proposed sick moors and red cedars planted at distances that would be approved by the city at their requirement. 490 00:45:31,770 --> 00:45:40,570 And you can see then from the angles that the majority of the apartment buildings themselves are hidden from view from across the street. 491 00:45:40,890 --> 00:45:46,430 And I could just you can see the two of this without the screening and this would be with the screening. 492 00:45:46,430 --> 00:45:53,830 So, it doesn't take a very tall tree in the proper location, and in the proper perspective, 493 00:45:54,430 --> 00:46:01,090 to screen a lot of what may appear to, or may be located, you know, 300 plus feet away. 494 00:46:01,850 --> 00:46:04,110 So, hopefully that graph would help in that regard. 495 00:46:05,670 --> 00:46:13,560 And then finally, you know, I'd like to say that, you know, typically we, in these type meetings, 496 00:46:13,560 --> 00:46:21,740 As I said before, we have typical responses to the work that we do, and they find themselves 497 00:46:21,740 --> 00:46:27,500 in issues like traffic and density and crime and property values and that type of thing. 498 00:46:28,820 --> 00:46:35,080 But what we have found is an emotional response on most of the multifamily or apartments, 499 00:46:35,920 --> 00:46:36,360 if you will. 500 00:46:36,360 --> 00:46:42,140 We've tried to present tonight our facts, Mr. Peters, the numbers that you did are based 501 00:46:43,480 --> 00:46:47,580 on basic engineering and accepted principles for the traffic studies. 502 00:46:48,380 --> 00:46:50,460 This is not something that we would like for it to be. 503 00:46:50,660 --> 00:46:51,700 This is what it is. 504 00:46:51,980 --> 00:46:55,020 The drawings that we have proposed are actually what they are. 505 00:46:55,740 --> 00:47:00,620 We have redirected traffic based on comments that we receive. 506 00:47:01,260 --> 00:47:04,280 We have reduced densities to the degree that we can. 507 00:47:04,280 --> 00:47:13,000 We have addressed the statistically the issues about any kind of impact on the schools, whether 508 00:47:13,000 --> 00:47:19,440 in a negative way or positive way as well as the taxes, but what we find is that somewhere 509 00:47:19,440 --> 00:47:27,020 along the line that apartments have generated a stigma about somehow the people who live in apartments 510 00:47:27,020 --> 00:47:33,340 are not, let's say, of the same quality or nature of people who don't live in apartments. 511 00:47:33,760 --> 00:47:38,320 And I think that we would all disagree with that if we thought about it a little bit as a matter 512 00:47:38,320 --> 00:47:43,520 of fact I think probably if we had a show of hands here tonight we would all be able to say 513 00:47:43,520 --> 00:47:47,640 that at some point in time in our life we've lived in an apartment or some kind of multifamily 514 00:47:47,640 --> 00:47:48,100 dwelling. 515 00:47:48,320 --> 00:47:54,420 Does it mean that we're the low standard people or that we were not conscientious people, 516 00:47:54,460 --> 00:47:58,580 hardworking people or law abiding people and just meant that that particular time that was 517 00:47:58,580 --> 00:48:01,080 the what served our purposes the best. 518 00:48:01,080 --> 00:48:16,500 And so I would hope that you would take that into account this evening as we discuss these issues tonight, and we'll obviously stick around for any answering questions you may have, appreciate your time, and appreciate your consideration and answering questions. 519 00:48:16,840 --> 00:48:16,920 Thank you. 520 00:48:17,620 --> 00:48:22,940 Before you go away, can you tell us how many units right now are on the Oaks? 521 00:48:23,800 --> 00:48:25,900 In the communities that we have now? 522 00:48:26,000 --> 00:48:27,380 Yeah, no here. 523 00:48:27,380 --> 00:48:31,920 Right here the existing units there are 524 00:48:33,970 --> 00:48:37,190 so we are adding high for many 525 00:48:38,070 --> 00:48:39,230 Right right 526 00:48:40,070 --> 00:48:48,030 And anybody who drives through it has seen how incredible dense this area is with big 527 00:48:48,550 --> 00:48:53,490 Unsimely for country club buildings now you want to put 528 00:48:54,190 --> 00:48:58,970 Hi, if it's many again into it, that's what you're telling us right here. 529 00:49:01,050 --> 00:49:01,910 Thank you, Gunter. 530 00:49:02,890 --> 00:49:06,610 Anybody else have any questions for the applicant at this time? 531 00:49:07,210 --> 00:49:08,530 Mr. Chairman, I have a question. 532 00:49:08,910 --> 00:49:17,720 What was your, the reason your first reason that you was wanting to change it from R1 to RPUD housing? 533 00:49:17,720 --> 00:49:25,620 housing. What was it? Because you said that first you were you submitted a 540 unit. So you've dropped it a hundred unit 534 00:49:25,620 --> 00:49:31,520 which dropped your profits significantly. So and you said that you can maintain a profit at that. 535 00:49:31,760 --> 00:49:38,520 So what's the difference between doing this project and leaving the addition as initially? 536 00:49:39,700 --> 00:49:41,060 Zoned. Well 537 00:49:42,480 --> 00:49:49,540 If I can clarify, the existing zoning that's there today was R1, which is single family 538 00:49:49,540 --> 00:49:56,200 residential, and what Mr. Fugat and Lindsay Company presented tonight, they referred to 539 00:49:56,200 --> 00:50:01,920 what was originally proposed. They're referring to a neighborhood meeting that they had 540 00:50:01,920 --> 00:50:08,440 held back in August, I believe, where they presented what they proposed to do on this site, 541 00:50:08,440 --> 00:50:12,860 which was five hundred and forty units is a multifamily apartment complex. 542 00:50:14,060 --> 00:50:22,240 So I think that when they say they're coming back from that number it's referring to their original proposal from the summer not the existing zoning. 543 00:50:23,820 --> 00:50:26,860 Okay, so to make a change. 544 00:50:28,180 --> 00:50:29,460 So what's in it? 545 00:50:29,500 --> 00:50:33,600 What's in it? Are you really? Are you trying to fulfill a need for the community? 546 00:50:33,600 --> 00:50:46,660 With doing this, is it more readily your profit margin is initially recognized or what was what really made you change your mind on wanting to resound this area? 547 00:50:47,800 --> 00:50:48,740 Well, we don't know your point. 548 00:50:49,100 --> 00:50:49,640 We don't. 549 00:50:49,640 --> 00:50:50,640 I was going to say. 550 00:50:50,940 --> 00:50:51,580 I'm sorry, go ahead. 551 00:50:52,700 --> 00:50:53,160 We don't. 552 00:50:53,320 --> 00:50:58,420 The Lindsey County does not own the property right now, and we have a contract on the property. 553 00:50:58,420 --> 00:51:02,500 And right now, the property is owned for single-family houses. 554 00:51:02,960 --> 00:51:04,700 I believe there are 60-some lots. 555 00:51:05,600 --> 00:51:09,180 Yeah, 62 lots that are currently planted there. 556 00:51:09,920 --> 00:51:12,360 We are not single-family developers. 557 00:51:12,860 --> 00:51:14,880 Mr. Laske is and quite good at that. 558 00:51:15,060 --> 00:51:18,100 But that's not from the slides that we showed you earlier. 559 00:51:18,280 --> 00:51:20,500 Obviously, we're in the multifamily business, 560 00:51:20,760 --> 00:51:21,610 and that's what we do. 561 00:51:22,160 --> 00:51:24,920 To answer your question about who's benefit, this would be, 562 00:51:24,920 --> 00:51:26,680 hopefully, it would be for everyone's benefit. 563 00:51:26,680 --> 00:51:33,020 not only for the city of Derby, and I believe that that comes about for Mr. Gerard's talk 564 00:51:33,020 --> 00:51:38,940 about our occupancy rates over the last five plus years at the existing 800 units 565 00:51:38,940 --> 00:51:46,580 that we do have, we're full. We're at 99 plus percent capacity on a steady basis for the 566 00:51:46,580 --> 00:51:52,380 last five years. That tells us that, I mean we have waiting lists. We turn people away. 567 00:51:52,380 --> 00:52:02,580 And so that tells us that obviously there is a great demand for additional, you know, apartment units, multifamily units here in Derby. 568 00:52:03,960 --> 00:52:09,680 Hopefully we've been good for Derby. Hopefully we've brought some good to it. 569 00:52:09,900 --> 00:52:13,240 We've provided housing to those people who need that type of housing. 570 00:52:13,580 --> 00:52:18,720 This particular time in life. And obviously we're in it to generate profit as well. 571 00:52:18,720 --> 00:52:30,920 we can't function without that, to answer your question about why we dropped from 540 to the 444 was that at 540 units, obviously, we could generate more profit. 572 00:52:32,000 --> 00:52:41,680 But when we went back to the 444, we basically got with our financing guys and our cost guys, all the accounts and the green shade guys, we got with them and said, 573 00:52:41,680 --> 00:52:46,500 Okay, what's the bottom number here we can do based on our land costs, based on our construction costs, 574 00:52:46,820 --> 00:52:51,420 based on our operating costs and those type things, based on the rents that we're getting now from the apartments, 575 00:52:51,940 --> 00:52:56,580 what would be the minimum number that we could build there and still show a profit at the end of the day, 576 00:52:56,860 --> 00:52:59,240 and make it worth our wild to do this on the long haul. 577 00:52:59,500 --> 00:53:02,300 And that's where the 444 number comes from. 578 00:53:02,800 --> 00:53:04,580 So that's how we arrived at it. 579 00:53:08,000 --> 00:53:08,840 Thank you. 580 00:53:09,080 --> 00:53:09,680 I'm sorry, Kathy. 581 00:53:11,320 --> 00:53:18,980 I'm not sure that I heard you answer his question though about what was the impetus to drop 582 00:53:18,980 --> 00:53:19,700 it. 583 00:53:19,820 --> 00:53:22,020 Was it the concern of the neighbors? 584 00:53:22,240 --> 00:53:23,280 Yes, ma'am. 585 00:53:23,480 --> 00:53:24,400 Yes, ma'am. 586 00:53:26,210 --> 00:53:32,910 There was concern of neighbors, and then I think the city engineering can verify this also. 587 00:53:33,310 --> 00:53:34,630 There's sewer issues in the area. 588 00:53:35,210 --> 00:53:44,690 So, capacity levels, so we had, we knew we needed to compromise with our neighbors, and there's also a sewer, a sewer capacity issue. 589 00:53:45,410 --> 00:53:53,030 So, we wanted to have a viable product before we came in, so there's the sewer issues out there too, and we met that with this number. 590 00:53:53,510 --> 00:54:03,090 I have another question. Do you have a map that shows where the other two apartment complexes are in relation to this proposed property? 591 00:54:03,090 --> 00:54:09,810 I was going to say, I think Cody may have a little bit of that to help for illustration. 592 00:54:16,070 --> 00:54:24,510 And so if you refer to the projector screen, we're getting into the south portion of the existing, 593 00:54:24,710 --> 00:54:27,630 this is actually a large portion of the greens. 594 00:54:28,570 --> 00:54:33,750 And the fairways are along a newberry street here, 595 00:54:33,750 --> 00:54:39,530 and also wrap a little for the north-off of what's shown on this map along Patriot Avenue. 596 00:54:40,790 --> 00:54:47,510 So there's what's not shown on this current view is the 15 apartment units that are along 597 00:54:47,510 --> 00:54:48,410 Patriot Avenue. 598 00:54:53,480 --> 00:54:58,300 So if we turn down your request for a zoning change that would kill your 599 00:54:58,300 --> 00:55:03,280 deal to purchase the property because you said you don't currently own it. Yes ma'am that's great. 600 00:55:03,280 --> 00:55:05,380 But you do own these other two 601 00:55:07,910 --> 00:55:13,330 Yes, ma sections. Well actually to even back up a step further I suppose we were 602 00:55:14,390 --> 00:55:24,950 It's been about a year or so ago. We were looking for additional properties in the Wichita area and we had located property in and over and and as well as ma's and 603 00:55:24,950 --> 00:55:29,450 We're doing our due diligence on those properties when we spoke with 604 00:55:30,910 --> 00:55:40,670 just kind of happenstance, Mr. Luss, representative, regarding this remnant of land, and since 605 00:55:40,670 --> 00:55:48,930 we already had an investment in the golf course, we already owned that property and the 606 00:55:48,930 --> 00:55:54,090 Derby properties had been so good for us, that's when we even began looking then at the 607 00:55:54,090 --> 00:55:57,990 Derby property and kind of took our focus off the handover and made his locations. 608 00:55:57,990 --> 00:55:58,870 Thank 609 00:56:02,390 --> 00:56:11,550 you. I think I appreciate all this information. I just have one basic question and I'd 610 00:56:11,550 --> 00:56:18,010 like to go back to Cody and have him educate us on some of the other findings from staff, 611 00:56:19,050 --> 00:56:26,610 but the occupancy rate that you noted the 18.53 is that correct? That was the density. 612 00:56:26,610 --> 00:56:36,950 the density rate. I'm still trying to figure out that math, because including the proposed 613 00:56:36,950 --> 00:56:45,890 right away, I'm still seeing a density of like 144 units across 22 acres, which is closer 614 00:56:45,890 --> 00:56:54,070 to a 20 density. And 18 and a half, 20, I don't care, but I'd hate to proceed with anything 615 00:56:54,070 --> 00:56:57,630 and not have actual numbers correct. 616 00:57:11,520 --> 00:57:20,480 Okay, but you do have proposed for it for lots, residential lots, that is taking that out. 617 00:57:20,480 --> 00:57:23,520 I'm just just being devils out of it. 618 00:57:23,960 --> 00:57:25,120 So that's very good point. 619 00:57:25,260 --> 00:57:26,580 That's a bit of a non-mortment. 620 00:57:26,700 --> 00:57:26,880 OK. 621 00:57:27,020 --> 00:57:27,740 Thank you. 622 00:57:27,860 --> 00:57:31,600 I think staff did run that number for you for your benefit. 623 00:57:31,940 --> 00:57:36,620 Based on the plans that were submitted, you can see here there's showing a lot of one, which 624 00:57:36,620 --> 00:57:43,280 would be the large lot that it contains the apartments, is approximately 21.9 acres in size. 625 00:57:44,180 --> 00:57:48,580 And with that lot size in the 444 dwelling units that are proposed, there would be a density 626 00:57:48,580 --> 00:57:52,280 for approximately 20.2 million units per acre. 627 00:57:52,340 --> 00:57:52,720 Okay. 628 00:57:53,660 --> 00:57:55,000 Thank you for that clarification. 629 00:57:58,870 --> 00:57:59,210 Okay. 630 00:58:01,290 --> 00:58:04,950 Thank you for all your due diligence and attention to answers. 631 00:58:06,090 --> 00:58:07,630 Yeah, it says it right here actually too. 632 00:58:07,890 --> 00:58:08,330 On the plot. 633 00:58:08,550 --> 00:58:09,210 Thank you. 634 00:58:11,650 --> 00:58:12,310 All right. 635 00:58:16,670 --> 00:58:18,670 Is there any other questions that commissioners? 636 00:58:20,210 --> 00:58:21,990 People down the planning commission would have? 637 00:58:21,990 --> 00:58:23,830 Well, the question was, 638 00:58:23,990 --> 00:58:26,050 and that was not answered, the question was 639 00:58:26,050 --> 00:58:29,750 what made the loose organization 640 00:58:29,750 --> 00:58:32,910 now change from single family 641 00:58:33,510 --> 00:58:36,570 plan to multifamily units? 642 00:58:37,250 --> 00:58:40,350 Because that's important to find out why. 643 00:58:40,850 --> 00:58:44,630 You know, because we don't have a whole lot of areas in the city 644 00:58:44,630 --> 00:58:47,610 where we can put single family homes on that. 645 00:58:47,870 --> 00:58:51,770 And if we put a big chunk of 646 00:58:51,770 --> 00:59:00,390 that opportunity away into rental units. I don't know if that will be beneficial for the city 647 00:59:00,390 --> 00:59:06,910 or not. Because the tax space is probably bigger from single family homes than from 648 00:59:07,710 --> 00:59:09,050 multi-family homes, 649 00:59:11,240 --> 00:59:11,280 right?