Recommendation on Butler County Case No. RZ-03-11, an application for change in zoning districts classification from AG-40 to Commercial on 20 acres on the south side of US-54 at Onewood Drive. Chairman Coon said this property is across from Green Valley.
Les Mangus said he submitted additional information to the Commissioners tonight as he just received notice of this case on Friday morning. Mr. Mangus said this is a copy of the application and some maps that define what the area in the application was, and an explanation from the county zoning office as to the purpose of the application. As Les noted in his memo to the Commission, this is the result of Butler County's change in zoning regulations, each time they adopt a new set of zoning regulations, all the properties revert back to agricultural status. A part of this property had highway zoning at one point in time but has reverted back to agriculture. Inside the 20-acre tract are several different land uses. There was general discussion about the existing uses within the tract. Devron Drive is adjacent to the west of the applicant's property. Mr. Mangus thinks Charlie's Salvage has probably reverted back to agricultural zoning also. The salvage yard is not in the Andover city limits. There is also a 40-acre tract minus 2 home sites adjacent to the south that is zoned agriculture and is in the county. The 40-acre tract is the same property that was reviewed for an application for a 350' foot communication tower. Les Mangus stated a cell tower is allowed in the requested zone as a conditional use. Mr. Mangus said the Andover Planning Commission is to make a recommendation to the Butler County Planning Commission on this application.
Dave Martine asked Les Mangus the outcome of a case from 3 months ago from the Jamac Farm area which the Andover Planning Commission returned a recommendation to the Butler County Planning Commission for annexation. Les Mangus stated after the owner received notification of the Andover Planning Commissions recommendations, he withdrew the case.
Dave Martine asked if in our area of influence the ruling of this board is only a recommendation to the County Planning Commission or if it is a decision they will uphold like they have done in the past.
Mr. Martine was concerned about the City of Andover squaring up the boundaries with city limits and zoning. He further stated if this application is approved, there would be no control by the Planning Commission of what happens on that ground. Les Mangus said any subdivision of the land would be put before the Planning Commission for approval of the plat and then sent to the County Commission for acceptance of dedications. Les Mangus stated the subject property is part of a 160-acre island in the middle of annexed property that is left out in the county.
John McEachern asked why this could not be handled like Mecca Acres and be recommended to be annexed into the city. Les Mangus said the property is not currently served by to city sewer, and it is not currently served by a public water source. Public water service is available across the street along Kellogg, public sewer is available along the Mecca Acres area, so they are both reasonable extensions away from the property.
Les Mangus said he believes this property is one of the keys to success of the highway corridor management agreement and if we allow this to continue unchecked, it fouls a lot of surrounding property in that it does not make any transportation connections. It is an island of itself. Les Mangus said the collector streets at the 1/2-mile are designed to collect all the traffic out of the neighborhood and take it out to the arterial streets or from the arterial to the interior.
Les Mangus said that in the past 14 years, the owner of the 40-acre tract adjacent to the south has approached him 5-6 times asking about development of this 40-acre tract. The problem the owner has is he is an island in the center of annexed property, but he does not have reasonable access to water, sewer, and paved streets.
Keith Zinn stated city water is available from Kellogg down to Clyde Street. City sewer is available all the way along the west side of the property. Les Mangus stated there is a 12" water main in the north right-of-way of Highway 54, 8" main along Ruth Ave. that T's and goes over to Ruth Street then to Devron Drive which makes it less than 100' away from this property with public water. Public sewer is in the middle of Ruth St. and Keith Zinn stated it goes up the rear easements and around between the apartments and between the storage units. Les Mangus said public sewer is available adjacent to the tract.
Dave Martine was concerned about the communication with Butler County. Les Mangus stated the property would have to be annexed into the city to have public water, sewer, and police service.
Les Mangus described the hedgerows that are surrounding this tract.
John McEachern asked for the depth of the property in relationship to Cloud City commercial area. Les Mangus stated it is on the same parallel in depth. The comprehensive plan talks about limiting highway business to 660' and Les uses the Ledgerwood Addition as a gauge where Augusta RV, Wholesale Fireworks, and Advance Storage is located. It has been allowed in the past for owners that provided their own transportation system within, own public utilities within, to go deeper than 600' off the highway.
John McEachern recommended the plan not be approved and have the owner come before the Andover Planning Commission to approve the platting so the roads will be done so the entire area will be serviced.
Clark Nelson said he thought the City Council could take action on their own with respect to the annexation.
Keith Zinn made a recommendation to the Planning Commission on behalf of the City Council, they would require more information about the planned uses of the property before it would be approved.
Les Mangus said what the applicant has applied for is Butler County Commercial Zoning. Butler County Commercial is similar to the City's B-5 Highway Business District which allows some fairly intense commercial activities (car- truck dealerships, agriculture implements, some entertainment, etc.)
Dave Martine asked how many feet is the property from the north to the south sides. Les Mangus said it is about 1,320'. Mr. Martine asked if the comp plan called for 660' off of the highway in a B-5 district.
Keith Zinn asked what the owner intends to do with the property after he is approved for the commercial zoning. Les Mangus stated the application states it is intended to "clean up zoning".
John McEachern was concerned about the allowed uses if the county approves this application. There was general discussion about the concerns of the Planning Commission on this case. Les Mangus said there is some new personnel in the Butler County Planning Dept. and it was in error that the city was not notified sooner of this case.
John McEachern made a motion to deny the application of case RZ-03-11 to the Butler County Planning Commission for the following reasons:
- it is an island with Andover City Limits on 2 sides
- it should be annexed into the city
- that it should have all public services (water, sewer, streets)
- should be platted so there are easements for all the utilities and it should promote the orderly extension of all the public services to the south
- the commercial property should not extend beyond 660' because it is incompatible with its residential neighbors
- they need to adhere to the Corridor Management Plan to which Butler County is also a signatory, and this parcel has to contribute to this plan.
Lynn Heath seconded the motion. Motion carried 6/0.
John McEachern made a motion to recommend to the Butler County Planning Commission they recommend to the applicant come to the City and ask for annexation of the proposed 20-acre tract. Lynn Heath seconded the motion. Motion carried 6/0.
John McEachern made a motion to send a recommendation to the Andover City Council asking them to study, consider, and annex extension of the city into the area of case RZ-03-11. Lynn Heath seconded the motion. Motion carried 6/0.
Keith Zinn asked if Sylvia McHam is the owner of this property. Les Mangus said that she is.