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ANDOVER CITY PLANNING COMMISSION /

BOARD OF ZONING APPEALS

September 20, 2005

Minutes

 

The Andover City Planning Commission met for a regular meeting on Tuesday, September 20, 2005 at 909 N. Andover Road in the Andover Civic Center.  Chairman Clark Nelson called the meeting to order at 7:00 p.m.  Commission Members present were David Martine, Lynn Heath, Quentin Coon, Jeff Syrios, and Charlotte Bass.  Others in attendance were Zoning Administrator Les Mangus, Administrative Secretary Deborah Carroll, and City Clerk/Administrator Jeff Bridges and City Council Liaison Caroline Hale.  Commission Members Jan Cox and Ron Roberts were absent.

Call to Order

 

 

 

Review the minutes of the August 16, 2005 Planning Commission meeting.

 

Charlotte Bass made a motion to approve the minutes as presented. Lynn Heath seconded the motion. Motion carried 6/0.

Review the minutes of the August 16, 2005 Planning Commission meeting.

 

 

Communications:

Review the City Council minutes from the August 30, 2005 and September 13, 2005 meetings. The minutes were received and filed.

 

Review the minutes of the September 6, 2005 Site Plan Review Committee Meeting. The minutes were received and filed.

 

Review the minutes of the September 13, 2005 Subdivision Committee meeting. The minutes were received and filed.

 

Review the Potential Residential Development Lot Report.

Communications:

 

 

Z-2005-05 and SU-2005-03: Public hearing on an application for a change of zoning district classification from the R-1 Single-Family Residential District to the B-2 Neighborhood Business District with Special use requested to establish a place for outside storage in the B-2 Neighborhood Business District located at 816 N. Andover Rd.

 

Les Mangus explained the Andover Church of Christ desires to zone their property to B-2 Neighborhood Business District in order to market the north 118 feet for sale for business use. The Special Use for outdoor storage came about as a result of a possible purchaser of the vacant lot needing outdoor storage and display for water garden plants and accessories. The Special Uses listed in the B-2 Regulations lists lumberyards, which would typically include some outdoor storage of materials. In general, Staff is not opposed to the proposed change, but the outdoor storage could easily get out of hand if not limited by conditions of the Special Use. The adjacent residential neighbors to the east probably would not be opposed to seeing plant materials across their back property line, but many other materials could be objectionable.

 

Mark Savoy of Savoy Company P.A. represented the owner who said the church wants to sell the property just north of the existing driveway. The prospective buyer sells/installs water gardens which would require some outside display and storage. Mark said he did not have any further information about the prospective buyer’s plans for the property.

 

Jeff Syrios asked if there will be a retail building. Mark said there would be a building with combination of retail and storage. Jeff Syrios was concerned about the appearance of this business, parking, and storage. There was further discussion about possible problems with the approval of this special use without adequate information being available. Mark Savoy said there would be sufficient screening of the residential property to the east, and of all storage area.

 

Concerns noted by Planning Commission members:

1. Display in front of the retail building is okay, but the outside storage needs to be screened and not visible from traffic.

2. If the storage facility is larger than the retail building.

3. Type of items to be stored.

 

Chairman Nelson opened the Public Hearing and asked if anyone from the audience wished to speak either if favor or opposition of this application.

 

Lynn McBride of 823 N. Andover Road said he does not have a problem with the rezoning of this property. He objected to the outside storage area being full of boats and RV’s. He also asked if this business moves, how much control the city would have over the next business use. Mr. McBride also asked about regulations for Treescapes in the outside storage of decorative rock.

 

Les Mangus stated Treescapes is in the B-6 Business District which is just down from Industrial zoning and does allow outdoor storage and permits garden stores. Les said he is also concerned about unlimited outdoor storage and quoted the zoning regulations definition for accessory use: “Is subordinate in area, extent or purpose to the principle building or use served”. There was further discussion about this regulation. Les said there would need to be specific conditions if the special use is granted.

 

Lynn McBride said he is still concerned about large vehicle parking on the property or if the property is sold again in the future to someone who will abuse the outside storage permit.

 

Les Mangus suggested size, intensity, type of merchandise, needs to be decided about storage adjacent to a residential neighborhood. He said screening is shown in the text of the preliminary plat.

 

Jeff Syrios was concerned about making a decision without more specific information about the prospective use. Les said it is better to have a set of conditions based upon known information. It was the consensus of the members to approve the zoning change but not the special use without further information.

 

Mark Savoy apologized for not having more information on the special use applicant. General discussion continued. Les said the application for special use is for the entire property. Les said he objected to approval of special use of this entire property.

 

David Martine said the reason for B-2 zoning is to be good to the neighbors. He did not agree with granting this much area a special use without knowing the type of use for the property.

 

Lynn McBride asked why this applicant did not purchase property in the industrial area instead of applying for this special use.

 

Annette Hendrix representing Children’s Discovery Center at 836 N. Andover Road was concerned about chemicals connected with this water garden business being stored next to the daycare center. She also was unsure of the visual effect of the business on the children in the playground, and about parking issues.

 

There was discussion about whether to table this entire application until next month when more information could be obtained from the applicant and prospective buyer of the north 118 feet of the property. Les said the zoning and special use cannot be separated at this point because they were applied for and advertised together. Les said the entire matter should be continued until the next meeting. Les said if the zoning change was approved without the special use, the special use could not be heard until after proper notification at the November Planning Commission meeting.

 

Clark Nelson asked Mark Savoy to work with the neighbors of this property to define the intent of this business prospect.

 

Mark Savoy said the sale of this piece of property is contingent upon the approval of the special use application and he agreed with deferring this entire case until the next meeting.

 

Mark Savoy asked how the deferment of this case would effect the Final Plat approval. Les said the plat could be approved contingent upon zoning approval, because there are references to the uses and setbacks of it.

 

Chairman Nelson closed the Public Hearing at 7:40 p.m.

 

Lynn Heath made a motion to defer Z-2005-05 and SU-2005-03 until the October Planning Commission meeting. Quentin Coon seconded the motion. Motion carried 6/0.

Z-2005-05 and SU-2005-03 Public hearing on an application for a change of zoning district classification from the R-1 Single-Family Residential District to the B-2 Neighborhood Business District with Special use requested to establish a place for outside storage in the B-2 Neighborhood Business District located at 816 N. Andover Rd.

 

 

 

Review the Small Tract Final Plat of the Church of Christ Addition located at 816 N. Andover Rd.

 

The church desires to plat their property creating two lots. The Church & parsonage would remain together as a lot, and the vacant land would be a new lot available for commercial development. Most of the items in the Staff Checklist comments have been resolved before the Planning Commission Meeting.

 

Lynn Heath made a motion to defer the Final Plat of the Church of Christ Addition until the October Planning Commission meeting. Quentin Coon seconded the motion. Motion carried 6/0.

Review the Small Tract Final Plat of the Church of Christ Addition located at 816 N. Andover Rd.

 

 

 

Review the Small Tract Final Plat of the Anna Addition located at 1139 N. Andover Rd.

 

Les Mangus stated this final plat was reviewed & approved in part some time ago. The owner has acquired the property adjacent to the south, and desires to incorporate the two properties into one plat. The new property has been approved for commercial zoning, contingent on platting. Most of the Staff comments have been resolved before the Planning Commission Meeting. He said this property is already zoned B-1 Office Business contingent upon the approval of this plat.

 

There was discussion about the location and existing structures on this property.

 

David Martine asked if all the entrances off of Andover Road were being approved as shown. Les said they have limited access to 2 points on Lot 2. Mark said 1 of the existing 3 driveways will be eliminated.

 

Clark Nelson asked if all staff comments have been satisfied. Les said the only thing still needed is a current title report.

 

Clark Nelson asked Les if he has reviewed the drainage plan. Les said he has. It is sheet drainage to either of the streets.

 

David Martine asked if the existing house would be moved to Lot 1. Mark Savoy said that is correct.

 

David Martine asked about screening between residential and commercial zones. Les said there is a statement on the Preliminary Plat about screening the adjacent residential neighbors. At Site Plan Review level, specific details will be provided when the commercial lot is developed.

 

David Martine made a motion to approve the Final Plat of Anna Addition subject to staff comments. Lynn Heath seconded the motion. Motion carried 6/0.

Review the Small Tract Final Plat of the Anna Addition located at 1139 N. Andover Rd.

 

 

 

Member Items:

David Martine- Asked about 13PthP Street east of Andover Road transition area between the city and township. This 100’ gives access from the gravel to the asphalt. He asked if the city could improve this area with their equipment. This would improve the entrance to the 13PthP Street Sports Park. No action was taken.

 

Lynn Heath- Asked about the completion date of the Kellogg and Andover Road intersection.  Les said the contractor anticipates mid to late November. He said weather and utility conditions have caused the delays.

 

Lynn Heath asked about the Holiday Inn Express progress. Jeff Bridges said that project has been delayed for the same reasons as the Kellogg intersection.

 

David Martine- Asked about 13PthP Street west into Wichita paving project. Jeff Bridges said they will bid the 13PthP Street/KTA bridge work in January. Les said he anticipates completion of the bridge in August or September 2006. He said the ½ mile + road project portion in Butler County is set to bid in late 2006. The Sedgwick County portion of that project from 159PthP Street to K-96 is wrapped up in right-of-way negotiations and considerably beyond the 2006 goal. The Sedgwick County portion will be 5 lanes.

Member Items

 

 

Quentin Coon made a motion to adjourn the meeting at 8:00 p.m. Charlotte Bass seconded the motion. Motion carried 6/0.

Adjournment

 

 

 

Respectfully Submitted by

 

U__________________________

Deborah Carroll

Administrative Secretary

 

Approved this 18th day of October 2005 by the Andover City Planning Commission/ Board of Zoning Appeals, City of Andover.