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ANDOVER CITY PLANNING COMMISSION /

BOARD OF ZONING APPEALS

May 20, 2003

Minutes

The Andover City Planning Commission met for a regular meeting on Tuesday, May 20, 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, John McEachern, Charlotte Bass, Ron Roberts, Charles Malcom, Lynn Heath, David Martine, and City Council Liaison Keith Zinn. Others in attendance were Zoning Administrator Les Mangus, Administrative Secretary Deborah Carroll, and City Clerk/Administrator Jeff Bridges.

Chairman Coon welcomed new Member Charlotte Bass to the Planning Commission.

Call to Order

   

Review of the minutes of the April 15, 2003 meeting.

Clark Nelson made a motion to approve the minutes as presented. Charles Malcom seconded the motion. Ron Roberts abstained from the vote. Motion carried 7/0/1.

Review of the minutes of the April 15, 2003 meeting.

   

Communications: Review of the City Council minutes from April 8, 2003 and April 29, 2003 meetings. Chairman Coon noted the minutes were accepted as presented.

The City Council/ Planning Commission Training Day is scheduled for June 14, 2003.

Site Plan Review Committee minutes from May 6, 2003.

Chairman Coon noted the minutes were accepted as presented.

John McEachern was concerned about the Blair project on Hwy. 54 and thinks the dead plants are the result of the lack of irrigation regulations.

Les Mangus said the Site Plan Committee is reviewing policies that may be adopted as standards for acceptance of future plans. Irrigation of all turf areas and landscaping will be part of the criteria.

Review of the Potential Residential Development report. Les Mangus said there have been 60 building permits issued in 2003. This is a little less than last year, but more than the normal year. Single-family residential building and sales industry is the only real estate market now that is moving in a positive direction.

Communications:

   

Review LS-2003-02. Lot Split of the Village Crossing PUD, Lot 3, Block A.

Les Mangus stated there have been previous discussions about how to accommodate potential tenants needs with lot sizes. Mr. Mangus said there are 4 lots in this PUD, 3 that are fairly normal sized, and 1 that is 537' by 250'. With the thought in mind if there was a big user, they would have a lot available for their needs. The owner is now wanting to move some of the boundaries which will create a 5th lot that will be designated as 3b. There was general discussion about the location of this property. Les Mangus said there is an optometrist office on Lot 1, and Lot 4, the furthest lot south, is at the corner of Andover Road and Village Road.

Russ Ewy, from Baughman and Company, and agent for the applicant said they are splitting Lot 3 into 2 lots. He stated Lot 3 is part of Parcel 1. Parcel 1 includes all of Lots 3 and 4. Parcel 1 of the PUD allows for a maximum of 4 buildings and 30,000 to 45,000 square feet of building of B-2 type uses. A lot split has nothing to do with additional buildings, additional building area, or any additional uses; it is simply a property line resolution to split the 2 lots.

There was general discussion about the location of this property. The odd shaped south 62' of lot 3 is being combined with lot 4. Lot 4 is being sold together with what is in essence the south 62' of Lot 3. Lot 3b will be sold, and the current owners will retain Lot 3a. Les Mangus said this is being accomplished by a simple boundary change between Lot 4 and 3b. It is the creation of the additional lot that requires the Lot Split. Clark Nelson asked if there is a separate owner for Lot 4 and the 62' of Lot 3 and if a second owner is proposed for Lot 3b, and retention of Lot 3a by the owner.

Mr. Mangus said the applicant meets all the requirements for a lot split.

John McEachern was concerned whether the approval for the fence around the back of the property runs with the land. Les Mangus stated that all the conditions of the Planned Unit Development apply to the land.

Having reviewed the lot split in the Village Crossing Addition filed as LS2003-02, I Lynn Heath move that we approve the Lot Split as presented. David Martine seconded the motion. Motion carried 8/0.

Review LS-2003-02. Lot Split of the Village Crossing PUD, Lot 3, Block A

   

Review of the Preliminary and Final Plats of Central Park. Les Mangus said this is just to clean up the recorded easements with all the improvements that have been made recently. Water, sewer, storm sewer, electric services have been installed in both parks that are now on the record. Street right-of-ways are now in place for the future street projects.

Clark Nelson asked if the Preliminary and Final Plats were being approved at the same time. Les Mangus said this is a project that has been ongoing for 3 years, waiting until the Central Park was annexed into the City.

Lynn Heath was concerned about playground equipment and benches on the plat. Les Mangus said they are on there.

Quentin Coon was concerned with Yorktown being misaligned at the south boundary. Les Mangus said it is because it connects to Yorktown, which travels through the southeast quadrant of the school 160-acre site to connect to the existing Yorktown at the west edge of the Bicentennial Addition. Mr. Coon asked why the road was not fixed to line up. Jeff Bridges said there was a right-of-way dedication from the school that corrected the alignment, it just does not show up on this plat yet. Les Mangus stated the right of way was traded with the school district to vacate a portion and dedicate the portion to make those 2 boundaries line up. On the signed copy this will be corrected.

Kenny Hill from Poe and Associates has been retained by the City of Andover to plat Central Park. He showed the additional street right-of-way for Yorktown, which connects Central to the existing plat to the west, which is USD 385 subdivision. The preliminary plat shows all the improvements with existing contours, elevations, and existing structures on the site.

Mr. Hill has submitted the final plat, which shows the dimensions of the 2 lots, which are separated by Yorktown. One of the lots is about 2.5 acres on the west, and the other is about 70 acres. The FEMA floodplain is shown on the plan and all the revisions requested by staff have been made.

 

Quentin Coon asked if on the plat it says, "to be removed" or "to be relocated" will the plat be revised again when that work actually occurs. Les Mangus said these items would be conditions of the Final Plat approval.

Clark Nelson asked Kenny Hill if one of the changes would be the "Dennis Bush Parkway" rename. Mr. Hill said that was an error on his part, the public street was intended to be called Yorktown.

John McEachern made a motion to accept the Preliminary Plat and Final Plat for the Central Park as presented. Lynn Heath seconded the motion. Motion carried 8/0.

Review of the Preliminary and Final Plats of Central Park

Review of the Preliminary and Final Plats of the 13th Street Sports Park. Les Mangus said the only thing that has changed since this plat process was initiated is the floodplain elevation was restudied and the installation of all the parking lot improvements.

Dave Martine asked if the railway line is still an easement that has not been vacated. Kenny Hill said this is not part of the plat.

Lynn Heath asked if the private residence were in the city limits. Les Mangus said they are not. Mr. Coon asked what SMSA stood for. Les Mangus said it is the Southwestern Bell/ Cingular Tower lease.

Quentin Coon asked about the future of the railway easement. Les Mangus said the County Economic Development Director has high expectations of that railroad as a marketing tool to industries.

John McEachern asked if there was a sewer line from the community building that runs along the railroad track back to the west. Les Mangus said there is a private sewer lateral there from the building to the east interceptor that is shown on the drawing. The private sewer line is not shown on the drawing, the public line is. There is no easement for this line and no real way to locate it.

David Martine asked why this park is zoned industrial. Les Mangus said this was an industrial park many years ago, and was zoned industrial to get a water line from Wichita over to Andover and extended completely through the city to this point. Since that time, use of this property has been noted by prior Councils as being used for a park. John McEachern said the area north of the railroad track has been listed as industrial also and it was removed. Jeff Bridges asked what the ACC started out to be, which was an industrial client. Les Mangus said it was a gymnastics teacher's privately owned building put in the industrial park and the city bought it from him.

Les Mangus said Kenny Hill has made all corrections but he could not generate the copies for the Commissioners before the meeting tonight.

Lynn Heath made a motion to accept the Preliminary and Final Plats for the 13th Street Sports Park. John McEachern seconded the motion. Motion carried 8/0.

Review of the Preliminary and Final Plats of the 13th Street Sports Park

   

Lynn Heath made a motion to recess the Planning Commission and convene the Board of Zoning Appeals. Ron Roberts seconded the motion. Motion carried 8/0.

 
   

Review BZA-V-2003-03: public hearing on an application for variance of the maximum fence height of six feet in the R-2 Single-Family Residential District by Lisa Rollins and Clyde Berg at 324 Koob Lane.

John McEachern stated he owns property in the area of this case and will remove himself from the Commission for the case.

Les Mangus stated the applicant called today and asked for this matter to be continued until the next meeting, as Clyde Berg is unable to attend tonight.

Lynn Heath made a motion to continue this Board of Zoning Appeals action until the next meeting. Clark Nelson seconded the motion. Motion carried 7/0/1 with John McEachern abstaining.

BZA-V-2003-03 at 324 Koob Lane.

Lynn Heath made a motion to adjourn the Board of Zoning Appeals and reconvene the Planning Commission. Ron Roberts seconded the motion. John McEachern rejoined the Commission. Motion carried 8/0.

 

Review the information provided on the definition of maximum surface area in the sign regulations.

Les Mangus stated at a previous meeting there was discussion about how maximum surface area was measured and the Commission had asked information be brought from surrounding cities. In summary, all but 1 has the same definition of maximum surface area as Andover does. Included in the Commission packets are some regulations from other cities concerning non-traditional signs, such as balloons and 3-D type of advertising displays. In the future the Commission may consider an amendment to the sign regulations. There was general discussion about the Newton sign regulations.

Clark Nelson directed the Commission to read page 2 of Newton's sign regulations, subsection (m) that attempts to define a double-sided sign stating they only count 1 side. Mr. Nelson said that is what the other cities do only they measure the side that is larger and count it. He has not found regulations discussing 3 to 4 sided signs as Mr. Zinn referred to. Mr. Nelson said he interprets the regulations to read if a sign has more than 2 sides, you add up all the other sides to count as square footage. Les Mangus said there was one that got more specific and said if the 2 face elements are more than 3 feet apart, the space in-between counts as surface area. Mr. Mangus said perimeter is not 3 dimensional.

Clark Nelson said most other cities prohibit tethered balloon signs.

Keith Zinn asked what the Andover regulations say regarding tethered balloon signs being a traffic distraction. Les Mangus said that if the message on the balloon is less than 6 square feet, it is exempt from the regulations even if it is 150 feet high. Mr. Mangus said cities across the nation handle tethered balloon sign issues a little differently.

Les Mangus said the "Michelin" balloon was a permitted temporary sign constructed from a lightweight fabric and was displayed for less than 30 days. . Mr. Mangus said according to our regulations, a temporary sign can only be displayed 4 times a year, for no more than 30 continuous days. Clark Nelson asked if this is a City Council or Planning Commission decision. Les Mangus said the Planning Commission could adopt changes to the sign regulations by calling for a public hearing and considering an amendment to the regulations.

Les Mangus said the sign regulation from the city of Overland Park is a work in progress that was obtained from their city's website.

Lynn Heath said he personally does not want to see balloon signs when he is returning from Sedgwick County into Butler County.

John McEachern said he is in favor of the public hearing to begin the process to change the sign regulations. Les Mangus said the time frame could be shortened in the regulations to allow balloon signs. John McEachern said he is not sure the signs should be banned totally, but that the issue should be explored at a public hearing.

Clark Nelson cautioned the Commission against trying to prohibit one item in the regulations. He asked about forming a sub-committee to study the issue further, and give suggestions to the Planning Commission before a public hearing date is set.

Clark Nelson thanked Les Mangus and city staff for including the sample of surrounding city regulations in the packets. Lynn Heath said there has previously been a sign committee that he served on. Les Mangus said Staff could gather further information or just give the Planning Commission time to process what they already have. Lynn Heath said the Commission has enough input now to make a decision.

Keith Zinn said some of the signs that are now placed on the inside of the fence at the park exceed the maximum current square feet regulations. Les Mangus said he does not know if the City Council has made exception to its own sign regulations or not, because they have allowed the signs in exchange for money and gratuities. Mr. Mangus said these are the typical baseball outfield fence signs at the 13th Street Sports Park. Les Mangus said this is not an action item and consensus of the Commission is to study this issue further.

Review the information provided on the definition of maximum surface area in the Sign Regulations.

   

Butler County Case RZ-03-14 John Lay/ Anna McFadden application for change in zoning district classification from AG-40 to C- Commercial on 14.7 acres in the 13900 block of SW Hwy. 54, Andover, Kansas.

Les Mangus said this case is for recommendation to Butler County Planning Board and is the result of the multiple changes in Butler County Regulations where all properties revert back to agriculture. This is an existing business park, 3/4 developed, and 10 - 12 working businesses. The owners discovered with agriculture zoning, any changes would have to go back to the Planning Commission. Butler County now has a commercial zone so they can apply for a zone, which allows for a group of permitted uses. The current owners have been operating under a conditional use giving them specific permitted uses that include offsite advertising.

Les Mangus said that in 1999 the Planning Commission saw a plat of this property and made a recommendation on a County conditional use case that was eventually approved. Now the county is saying the property has reverted back to agriculture zoning and only the existing uses are allowed. The owner is asking for a designated zone.

Ron Roberts said it is the offsite advertising driving this case, as the owner is under direct orders by KDOT to remove the 3 billboard signs from the north side of the road.

David Martine asked if Lots 1 and 6 are commercially zoned. Ron Roberts said that none of it is and the entire property is zoned agriculture with conditional use. Les Mangus said Lot 1 of the plat was zoned Residential and it has since reverted back to agriculture.

David Martine asked if there was a home north of Lots 4 and 5. Les Mangus said that it is not a part of the platted property.

Les Mangus said this is an example of actions that have repercussions when the County decides that all properties revert back to agriculture zoning with the new set of regulations. The existing businesses revert back to agricultural zoning. If they decide they want to do anything different, they have to come back for a zoning case. This is the second zoning case in 4 years requesting approval for the same use. This property is located on Meadowlark Road and U.S. 54, 2 miles east of Andover Road.

Ron Roberts was concerned about the regulations allowing offsite signs. John McEachern asked if the owner was retaining the conditional uses the Planning Commission approved in the beginning. Les Mangus said they are asking for all of the existing uses to be permitted. Ron Roberts said there are more conditional uses than the commercial zoning allows.

David Martine asked if these owners have city water. Les Mangus said he thinks they are served by Rural Water District No. 5.

Les Mangus said in Butler County Zoning Regulations, Chapter 24, billboard signs are defined and allowed with some maximum surface area and height. The Regulations have a non-conforming clause, which states that every sign in existence at the time these regulations become effective are grandfathered in. John McEachern suggested the Planning Commission recommend this case for approval because the limited uses would not be objectionable.

Keith Zinn thinks the deceased homeowner's son should be notified of this hearing. Les Mangus said this man does not own this property anymore, and that advertising signs are allowed in C-Commercial District. Mr. Mangus is sure the current owners have been notified. Ron Roberts said the public hearing is the County Planning Board responsibility.

Les Mangus said the County has 2 commercial zoning districts one C-Commercial and the other BP-Business Park

John McEachern made a motion that we recommend for approval to the Butler County Planning Commission the application for Case No. RZ-03-14 as stated. Lynn Heath seconded the motion. Motion carried 8/0.

Butler County Case RZ-03-14 John Lay/ Anna McFadden app. for change in zoning district classification from AG-40 to C- Commercial on 14.7 acres in the 13900 block of SW Hwy. 54, Andover

   

Member Items: John McEachern asked Mr. Mangus if there is procedure in place to notify business owners about dead plants that are required by the Site Plan Committee. Les Mangus said this is done twice a year and property owners are sent letters of non-compliance. John McEachern asked when dead plants are replaced, if there is a policy requiring them to use the same size as originally planted. Les Mangus said the plants are required to be replaced with minimum planting sizes that were on the plan.

John McEachern asked if the owner of the house south of his on Lexington has been notified of the dead trees. Les Mangus said they have been sent a letter. If the property owner fails to follow the regulations, the city could replace the trees and certify the cost against the taxes.

Lynn Heath said that on Daisy Lane there has been a problem with trucks parking, a truck has gone through there and spread dirt and mud on Hwy. 54 again. He suggested the ditch be cut a little deeper.

Quentin Coon asked who controls the timing of the stop light on Andover Road and Kellogg. Les Mangus said there is more of a back-up at peak times at that intersection now because of a KDOT overlay project where they laid asphalt through the intersection. Before they laid the asphalt, they milled 2" of existing asphalt off and milled out all the traffic detectors, which means the intersection is now being run with timers. The project was supposed to lift up and go across the intersection and drop back down knowing that Andover has a project scheduled to begin next year in March that will replace that entire intersection, but Topeka did not tell Wichita to skip that 2000 feet of that project, now they say they will come back in and replace the traffic detectors and in a year from now we will tear those out again to match the new intersection project.

Ron Roberts was concerned about the bumps on North Lakeside Drive. Les Mangus said the contractor has been out to look at them, and the City is out of the warranty period. There is some settling over the storm sewer pipe where the Quail Crossing Project met the North Meadows 3 project. The street department will have to repair this. Ron Roberts stated there are a lot of dead trees in Quail Crossing and asked Les Mangus if they were on the notification list. Les Mangus said those are not required by Site Plan, but are at the mercy of the homeowners association. Ron Roberts asked about the sidewalk on the North side of 121st Street, and whether regulations are required on both sides of arterial streets. Les Mangus said this is a county project, Quail Crossing was undeveloped at that time. This needs to be requested to the City Council to add sidewalks there.

Ron Roberts said that from Lakeside going east needs to have a sidewalk as the high school track team is using 21st Street to run on because the grass is too rough to run on. Les Mangus said this is a mistake by their coach as there are 10,000 cars a day on this street. Jeff Bridges said that was a conscious decision made when they extended 21st to not put a sidewalk on it at this time and it will have to be retrofitted as we do in other neighborhoods that don't have sidewalks and there was no one to assess the costs to at that time.

David Martine said a few homeowners have contacted him about the "racetrack" from 21st Street on Lakeside that goes around to the backside of the school. Mr. Martine directed them to contact the City about options for this. He discussed signage and speed bumps with the callers but was not sure whether these things were paid for by the homeowners association or by the city. Jeff Bridges said the signage is the homeowners association. Jeff Bridges said those complaints need to go to Sergeant Kelly Jones from the Andover Police Dept. Les Mangus said when the City conducts speed surveys that the offender is usually the complainants neighbor. Keith Zinn said there is not a homeowners association in his neighborhood, but they all took up a collection to pay for the signs which were around $25 apiece. He said police permission would have to be obtained before putting them up.

Member Items

   

A motion was made by Clark Nelson, seconded by John McEachern, to adjourn the meeting at 8:35 p.m. Motion carried 8/0.

Adjournment

Respectfully Submitted by

 

__________________________

Deborah Carroll

Administrative Secretary

Approved this 17th day of June 2003 by the Andover City Planning Commission/ Board of Zoning Appeals, City of Andover.