View Other Items in this Archive | View All Archives | Printable Version

ANDOVER CITY PLANNING COMMISSION /

BOARD OF ZONING APPEALS

March 18, 2003

Minutes

The Andover City Planning Commission met for a regular meeting on Tuesday, March 18, 2003 at 909 N. Andover Road in the Andover Civic Center. Chairman Quentin Coon called the meeting to order at 7:00 p.m. Commission Members present were Clark Nelson, Ron Roberts, Charles Malcom, Lynn Heath, and City Council Liaison Bob Ruth. Others in attendance were Zoning Administrator Les Mangus, Administrative Secretary Deborah Carroll, and City Clerk/Administrator Jeff Bridges. Commission Members John McEachern and Dave Martine were absent.

Call to Order

   

Review the minutes of the February 18, 2003 meeting.

Quentin Coon stated he would abstain from voting as he was absent from the February meeting. Clark Nelson made a motion to approve the minutes from the February 18, 2003 Planning Commission meeting. Lynn Heath seconded the motion. Ron Roberts abstained from voting as he was absent for the last half of the meeting. Motion carried 3/0/2 with members Coon and Roberts abstaining.

Review the minutes of the Feb. 18, 2003 meeting.

   

Communications: Review of Andover City Council Minutes of February 11, 2003 and February 25, 2003.

Chairman Coon asked Jeff Bridges about the current status of Bridalwood Addition. Mr. Bridges stated the Mayor is scheduled to speak with the County Commission on March 24th. Chairman Coon noted the City Council minutes are accepted as presented.

Committee and Staff Report: Review of Subdivision Committee minutes of February 11, 2003 and March 11, 2003. Chairman Coon noted the minutes are accepted as presented.

Dave Martine arrived at the meeting at 7:10 p.m.

Review of Site Plan Review Committee minutes of March 4, 2003. Lynn Heath said the Plaza is looking nice now. Ron Roberts asked if only the internal islands or the front berms are scheduled for landscaping. Les Mangus stated the internal parking lot islands will be landscaped and irrigated, and the berms in front of the shopping center will be struck down to a straight grade between the edge of the parking and the sidewalk to improve the visibility of the shopping center from the street.

Ron Roberts asked what happened to the farm implement store. Les Mangus heard a rumor that the financing fell through.

Chairman Coon noted the minutes from Site Plan Review Committee are accepted as presented.

Review of the Potential Residential Development Report.

Communications:

   

SU-2003-01 Public hearing on application for Special Use to establish a Public Post-Secondary Education Facility by the Butler County Community College in the I-1 Industrial District at 715 E. 13th Street (former Raytheon building). Vince Haines of Prigmore, Krievins, Haines, Limoh Architects P.A. in El Dorado represented the Butler County Community College. He stated the college is requesting a special use to remodel the building for 12 classrooms and additional office space for faculty and staff. The total area of the building is 63,000 square feet and plan is to remodel approximately 30,000 square feet of it. Raytheon will maintain some of the office space in the rear of the building. Mr. Haines further stated the existing parking lot is adequate and they don't anticipate adding any paved surfaces. The majority of the work will be done to the interior of the building. Quentin Coon asked if another sign will be added or if the existing Raytheon sign would be replaced. Mr. Haines stated there would be an additional sign or one that combines with the existing Raytheon one.

Bob Ruth asked how long the college intends to occupy this building. Ted Albright, trustee at Butler County Community College, stated they are negotiating with the current owner for a 15 year lease, but they hope to be in the building permanently. He stated the lease would give the college the opportunity to purchase the building at the end of the lease. Mr. Ruth asked what the future plans are for the remaining 38 acres. Mr. Albright said the college does plan to build another campus on the property. He further said 60% of the BCCC enrollment comes from the Andover area.

Chairman Quentin Coon closed the Public Hearing at 7:15 p.m.

SU-2003-01 Public hearing Facility by the Butler County Community College

   
   

ANDOVER CITY PLANNING COMMISSION

Agenda Item No. 5

REZONING REPORT *

 

CASE NUMBER:

SU-2003-01

APPLICANT/AGENT:

Butler County Community College

REQUEST:

Special Use for a Public Post-Secondary Education Facility in I-1 Industrial District

CASE HISTORY:

Former Raytheon Office/ Manufacturing Facility

LOCATION:

715 E. 13th Street

SITE SIZE:

28.3 acres

PROPOSED USE:

BCCC classrooms in existing Raytheon building

ADJACENT ZONING AND EXISTING LAND USE:

North:

I-1 Sherwin Williams paint factory

South:

I-1 Vacant Andover Industrial Park

East:

Butler County Agriculture

West:

I-1 Vornado fan assembly facility

 

Background Information:

 
 

* Note: This report is to assist the Planning Commission to determine their findings from the evidence presented at the hearing so as to base their rezoning recommendation on the required 17 factors found in Section 11-100 H of the Zoning Regulations. The responses provided need to be evaluated with the evidence and reworded an necessary to reflect the Planning Commission’s considered opinion Sample motions are provided to ensure the accuracy of the motion and facilitate the summary of the hearing for the minutes. Conditions attached to the motion, if any, should be carefully worded to provide instructions to the applicant and facilitate enforcement by the Zoning Administrator.

(As per Article 11, Section 100 of the City of Andover Zoning Regulation – 1993)

H.

Amendments to Change Zoning Districts. When a proposed amendment would result in a change of the zoning district classification of any specific property, the report of the Planning Commission, accompanied by a summary of the hearing, shall contain statements as to (1) the present and proposed district classifications, (2) the applicant’s reasons for seeking such reclassification, and (3) a statement of the factors where relevant upon which the recommendation of the Commission is based using the following factors as guidelines:

 

FACTORS AND FINDINGS:

 

YES

NO

  1. What is the character of the subject property and in the surrounding neighborhood in relation to existing uses and their condition?

STAFF:

PLANNING:

Same as above

COUNCIL:

YES

NO

  1. What is the current zoning of the subject property and that of the surrounding neighborhood in relation to the requested zoning change?

STAFF:

PLANNING:

I-1 Industrial District

COUNCIL:

YES

NO

  1. Is the length of time that the subject property has remained undeveloped or vacant as zoned a factor in the consideration?

X

STAFF:

X

PLANNING:

Concur

COUNCIL:

YES

NO

  1. Would the request correct an error in the application of these regulations?

X

STAFF:

X

PLANNING:

Concur

COUNCIL:

 

YES

NO

  • Is the request caused by changed or changing conditions in the area of the subject property and, if so, what is the nature and significance of such changed or changing conditions?
  • X

    STAFF:

    Raytheon sold the facility- new owner is looking for new long-term tenants

    X

    PLANNING:

    Concur- Les Mangus stated this building is mostly converted to offices after the remodeling of 5 years ago. It appeals to the office market more than to the industrial market.

    COUNCIL:

    YES

    NO

  • Do adequate sewage disposal and water supply and all other necessary public facilities including street access exist or can they be provided to serve the uses that would be permitted on the subject property?
  • X

    STAFF:

    Yes, all are in place and adequate

    X

    PLANNING:

    Concur. Lynn Heath was concerned about the traffic counts considering this is a narrow 2-lane road especially during school hours. Les Mangus stated the street is adequate for the current uses, and that industry is on a different schedule and should not increase congestion in the 13th & Andover Road intersection. Mr. Mangus stated the college will learn to schedule around the industrial traffic.

    COUNCIL:

    YES

    NO

  • Would the subject property need to be platted or replatted in lieu of dedications made for rights-of-way, easements access control or building setback lines?
  • X

    STAFF:

    X

    PLANNING:

    Concur

    COUNCIL:

    YES

    NO

    1. Would a screening plan be necessary for existing and/or potential uses of the subject property?

    X

    STAFF:

    X

    PLANNING:

    Concur

    COUNCIL:

    YES

    NO

  • Is suitable vacant land or buildings available or not available for development that currently has the same zoning as is requested?
  • X

    STAFF:

    No other buildings are available, but BCCC owns 20 acres of vacant land at 21st & Andover Rd. adjacent to the existing BCCC facilities.

    X

    PLANNING:

    Concur

    COUNCIL:

    YES

    NO

  • If the request is for business or industrial uses, are such uses needed to provide more services or employment opportunities?
  • X

    STAFF:

    Some Andover Residents would benefit from educational opportunities but the existing industrial employment opportunities would be lost.

    X

    PLANNING:

    Concur

    COUNCIL:

    YES

    NO

  • Is the subject property suitable for the uses in the current zoning to which it has been restricted?
  • X

    STAFF:

    X

    PLANNING:

    Concur

    COUNCIL:

    YES

    NO

  • To what extent would removal of the restrictions, i.e., the approval of the zoning request detrimentally affect other property in the neighborhood?
  • X

    STAFF:

    No detriment is perceived to other property. Long-term conversion of the use could remove the facility from the industrial tax and employment base.

    X

    PLANNING:

    Concur

    COUNCIL:

    YES

    NO

  • Would the request be consistent with the purpose of the zoning district classification and the intent and purpose of these regulations?
  • X

    STAFF:

    The I-1 district is intended for light industrial uses.

    X

    PLANNING:

    Concur,

    COUNCIL:

    YES

    NO

  • Is the request in conformance with the Comprehensive Plan and does it further enhance the implementation of the Plan?
  • X

    STAFF:

    No expansion of BCCC Facilities are noted in the plan because, the existing BCCC/ USD 385 building expansion had just opened.

    X

    PLANNING:

    Concur

    COUNCIL:

    YES

    NO

  • What is the support or opposition to the request?
  • X

    STAFF:

    None at this time.

    X

    PLANNING:

    None

    COUNCIL:

    YES

    NO

  • Is there any information or are there recommendations on this request available from knowledgeable persons which would be helpful in its evaluation?
  • X

    STAFF:

    This application has some long-term effects on the goals of Planning in the City, if allowed indefinitely and without limitations, this site could turn into a 28.3-acre college campus in the middle of the industrial area. My recommendation would be that the special use be limited to the existing building and the land adjacent to the east for parking expansion.

    X

    PLANNING:

    Concur.

    COUNCIL:

    YES

    NO

  • If the request was not approved, would this result in a relative gain to the public health, safety and general welfare which would outweigh the loss in property value to or the hardship experienced by, the applicant?
  • X

    STAFF:

    The public would gain additional educational opportunities. The public would lose potential industrial jobs and tax base.

    X

    PLANNING:

    Concur.

    COUNCIL:

    Les Mangus stated the only other land adjacent that is vacant is to the south which is future industrial park owned by PAI, and the vacant agricultural land adjacent to the east, which of the 80 acres is approximately 75% floodplain. Only a narrow strip along this property's east boundary that is out of the floodplain and a small triangle in the 80 acres, which is out of the floodplain which is 1/4 mile away.

    Les Mangus stated this request is for the entire 28.3 acres that was formerly Raytheon. Mr. Mangus said to define the scope of this project, the legal description will be of the land around the existing building. The language will be worked out with the architect in the ordinance.

    Clark Nelson asked the representatives if they are willing to accept the restrictions as requested by the Zoning Administrator. Ted Albright said they would be willing to accept the restrictions and further stated this project would bring 15 full and part-time jobs to Andover.

    Having considered the evidence at the hearing and the factors to evaluate the rezoning application, I Clark Nelson, move that we recommend to the Governing Body that Case No. SU-2003-01 be approved as a Special Use as Public Post-Secondary Education Facility limited however to the existing building and the adjacent land to the east for parking expansion based on the findings of the Planning Commission as recorded in the summary of this hearing, based on Items 5, 6, 9, 11, 12, 15, and 16 in support of the motion. Motion seconded by Dave Martine. Dave Martine was concerned by the future construction of additional satellite buildings on the site and asked about the definition of the area. Les Mangus said he interpreted the motion to be the existing buildings only, and in the future, and if the college chooses to expand the area, they will have to come back to expand the conditions on the special use.

    Motion carried 6/0.

     
       

    Les Mangus stated the only other land adjacent that is vacant is to the south which is future industrial park owned by PAI, and the vacant agricultural land adjacent to the east, which of the 80 acres is approximately 75% floodplain. Only a narrow strip along this property's east boundary that is out of the floodplain and a small triangle in the 80 acres, which is out of the floodplain which is 1/4 mile away.

    Les Mangus stated this request is for the entire 28.3 acres that was formerly Raytheon. Mr. Mangus said to define the scope of this project, the legal description will be of the land around the existing building. The language will be worked out with the architect in the ordinance.

    Clark Nelson asked the representatives if they are willing to accept the restrictions as requested by the Zoning Administrator. Ted Albright said they would be willing to accept the restrictions and further stated this project would bring 15 full and part-time jobs to Andover.

     

    LS-2003-01 Review the Lot Split of Lot 3 of Block 1 Autumn Ridge Subdivision. Les Mangus stated that at the last meeting as the Board of Zoning Appeals the variance was approved that would allow this lot split in the configuration shown tonight with one of the lots being slightly less than the required minimum. The surveyor is here tonight to get the lot split on record making the lot into 2 independent properties.

    Dave Martine asked if anything has changed since the last meeting. Les Mangus said that it has not, but the lot split could not be approved until the variance was granted, because it did not meet the minimum lot size.

    Clark Nelson made a motion to approve the Lot Split subject to the conditions of staff. Ron Roberts seconded the motion. Les Mangus stated the approval certificate needs to be included in this drawing or attached. Motion carried 6/0.

    LS-2003-01 Review the Lot Split of Lot 3 of Block 1 Autumn Ridge Subdivision.

       

    Review the Final PUD Plan for Reflection Lake 2nd Addition. Tom Ruggles with Ruggles & Bohm, PA stated there were 4 items to be changed from staff checklist and those have been corrected. Les Mangus stated he has received a revised plan showing the changes as requested which are: the street name change "Hedgewood to Reflection Lake" because it is a continuous street without intersection, minimum low opening elevation, title report, drainage plan, open space has been removed, average lot size is 9,801 square feet. Lynn Heath was concerned about the sidewalk on the west side of this phase and on the east side of the drainage area. Les Mangus quoted General Provision #6- A 5' sidewalk shall be provided on both sides of Minneha and on one side of each street having a 64' right-of-way. The improvements for this Final PUD Plan shall include the construction of the sidewalk through Reserve E and G, as detailed in General Provision No. 7, Amended Cloud City Subdivision Preliminary PUD dated November 19, 2002.

    Clark Nelson was concerned about staff comment #C-15 and if the law requires minimum low opening elevation for lots adjacent to floodplain as opposed to the floor of the lowest living space. Les Mangus stated it was, as this property is not in the floodplain, only adjacent to it, the laws for the lowest floor don't apply.

    Lynn Heath made a motion to approve the Final Plat for Reflection Lake at Cloud City 2nd Addition. Charles Malcom seconded the motion. Motion carried 6/0.

    Review the Final PUD Plan for Reflection Lake 2nd Addition.

       

    Review the Amended Final PUD Plan for a portion of Terradyne Estates. Chairman Quentin Coon stated this case has been tabled until the next meeting. Les Mangus said there is some disagreement between the homeowners in the area and the owner of the golf course about his ability to divide these 4 lots off the golf course, he has chosen to take another 30 days to discuss the matter. Clark Nelson stated he would step down from this case as he is personally involved in the case. There was general discussion about the rear yard setback.

    Review the Amended Final PUD Plan for a portion of Terradyne Estates.

    Lynn Heath made a motion to Recess the Planning Commission and Convene the Board of Zoning Appeals. Charles Malcom seconded the motion. Motion carried 6/0.

     
       

    BZA-V-2003-02 Public hearing on an application for variance from the maximum number of ground, pole, or monument signs to allow one additional 48' square foot lighted monument sign in the B-1 Office Business District at 1938 N. Andover Rd. Owner Kevin Cederberg of 753 Bramerton stated he has built a new facility behind the existing pet clinic at 1936 N. Andover Rd. and is asking for an additional sign on the road to advertise the other business which is in conjunction with the clinic but is a separate facility. He proposed the new sign be located near the pet resort entrance and the north sign will be smaller than the existing one, but will be a monument sign. Les Mangus said that he agrees with Dr. Cederberg's request, he disagrees with the location of the sign shown on this plan, because of it's interference with the vision triangle from the driveway. Mr. Mangus states this is something that can be worked out at Site Plan Review Committee. Lynn Heath asked what the distance would be between the 2 signs. Dr. Cederberg estimated it would be 75'. Clark Nelson asked Dr. Cederberg if he was in agreement to work out the exact location of the new sign with the SPRC. He said that he would. There was general discussion about the placement and size of the sign. Dr. Cederberg said the sign will not be larger than 6' X 8'. Les Mangus stated according to that Zoning District he would be allowed 100 square feet of signage limited to a maximum of 10' in height. Dr. Cederburg has an existing 48' square sign. There was further discussion about the size and placement of the sign. Clark Nelson commended Dr. Cederberg for the time and expense he went through for the expansion as it is very well done.

    BZA-V-2003-02 Public hearing in the B-1 Office Business Dist.- 1938 N. Andover Rd.: Countryside Pet Clinic

       

    F.

    The Board shall not grant a variance unless it shall, in each case, make specific written findings of fact directly based upon the particular evidence presented to it which support all the conclusions as required by K.S.A. 12-715 as listed below:

    True/ Yes

    False/ No

    1. 1.

    The variance requested arises from such condition which is unique to the property in question and which is not ordinarily found in the same zoning district, and is not created by an action or actions of the property owners or the applicant because another business was added behind the building;

    X

  • 2.
  • The granting of the variance will not adversely affect the rights of adjacent property owners or residents because of the maximum for the district is 1 sign, maximum 100 square feet, and it will be conformative.;

    X

  • 3.
  • The strict application of the provisions of these regulations from which a variance is requested will constitute unnecessary hardship upon the property owner represented in the application because there would be no identification of the second business at the rear of the original one..

    X

  • 4.
  • The variance desired will not adversely affect the public health, safety, morals, order, convenience, prosperity, or general welfare because it is still within the maximum allowable area of signs allowed in the Zoning District.

    X

  • 5.
  • Granting the variance desired will not be opposed to the general spirit and intent of these regulations because another business was added that needs identification, the sign will conform to the maximum area regulations.

    X

    Having considered the evidence at the hearing and determined that the findings of fact have been found to exist that support the five conditions set out in Section 10-107D1 of the Zoning Regulations and K.S.A. 12-759(e) of the state statutes which are necessary for granting of a variance, I Clark Nelson move that the Chairperson be authorized to sign a Resolution granting the variance for Case No. BZA-V-2003-02 as requested. Lynn Heath seconded the motion. Motion carried 6/0.

     
       

    Lynn Heath made a motion to Recess the Board of Zoning
    Appeals and to Reconvene the Planning Commission. Charles Malcom seconded the motion. Motion carried 6/0.

     
       

    Member Items: Lynn Heath stated another member is needed to serve on the Subdivision Committee and Planning Commission. Clark Nelson said he would volunteer for the Subdivision Committee.

    Dave Martine asked for an update on working with the county on the area of influence when dealing with zoning cases. Les Mangus said he has stayed in contact with them and there are some new issues with the Fire Department and Inter-local Agreements on Codes.

    Jeff Bridges stated the City has received a grant to rewrite the Comprehensive Plan. One of the major elements of the grant is to conduct a needs assessment and they have just rewritten the criteria for that, it will probably be on the April Planning Commission Agenda to ask for appointment of a steering committee for the rewrite of the Comprehensive Plan and to help with the needs assessment. This will require several additional meetings and significant public input. Mr. Bridges suggested 4 members of the Planning Commission serve on this committee. The steering committee would need to reach out to the community for public input on different issues such as transportation, recreation, housing and hold a series of public meetings to gather input to develop the needs assessment, and the needs assessment would be used to form the Comprehensive Plan. Les Mangus stated the last Comprehensive Plan took 2 years. Jeff Bridges said some of the raw data has already been collected.

    Dave Martine asked for an update of the zoning case at an earlier meeting on Kellogg. Les Mangus said the applicant withdrew the case. There was general discussion about this case and the City of Andover area of influence. Annexations require if there is a tract of land that is over 21 acres, unplatted, and used for agriculture, it is hard for a city to unilaterally annex property. There was further discussion about annexation. Jeff Bridges stated there is an annexation plan that incorporates the park and the school site, and that talks about each neighborhood and their unique characteristics that either hinder or promote their annexation. When the Planning Commission looks at the Comprehensive Plan, one of the elements is to revisit the annexation plan and make recommendations on how and under what conditions unilateral annexations would be considered by the City Council.

    Member Items

       

    A motion was made by Charles Malcom, seconded by Lynn Heath, to adjourn the meeting at 8:20 p.m. Motion carried 6/0.

    Adjournment

    Respectfully Submitted by

     

    __________________________

    Deborah Carroll

    Administrative Secretary

    Approved this _____ day of _______________2003 by the Andover City Planning Commission/ Board of Zoning Appeals, City of Andover.