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

 

ANDOVER CITY PLANNING COMMISSION /

BOARD OF ZONING APPEALS

July 15, 2003

Minutes

The Andover City Planning Commission met for a regular meeting on Tuesday, July 15, 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, Jan Cox, Charlotte Bass, Ron Roberts, 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. Commission Member Charles Malcom was absent.

Call to Order

 

 

Review of the minutes of the June 17, 2003.

Lynn Heath said there are errors on page 3, 3rd paragraph, the word "or" should be "and", and on page 6, 1"x 8" should be deleted from the motion.

Clark Nelson made a motion to approve the minutes of the June 17, 2003 meeting as corrected. Charlotte Bass seconded the motion. Motion carried 7/0.

Review of the minutes of the June 14, 2003 Training session.

Lynn Heath said John McEachern's name should be deleted from the members present because he was a City Council member then.

Lynn Heath made a motion to approve the minutes of the June 14, 2003 Training session as corrected. Ron Roberts seconded the motion. Motion carried 7/0.

Review of the minutes

 

 

Communications:

City Council minutes: Chairman Coon said the minutes from June 10, 2003 and June 24, 2003 were accepted as presented.

Site Plan Review Committee minutes: Chairman Coon said the minutes from the July 1, 2003 meeting were accepted as presented. Les Mangus said the new hotel would be built north of the new Lubber's building, west of Goodwill.

Committee and Staff report: Les Mangus reported there have been 90 single-family residential building permits issued in 2003.

Potential Residential Development Report: Quentin Coon asked about Heather Lakes 2nd Addition having a certificate of occupancy of 63.6%. Les Mangus said there were some houses there that have not received their full certificates of occupancy and probably are occupying the house under a temporary certificate. This gives them 6 months to clean up the unfinished items.

Communications:

 

 

SU-2003-02: Public Hearing on an application by Hagemeister Ltd. for Special Use authorization to establish an English and Western riding clothing and tack shop at 837 N. Andover Rd.

Les Mangus said the zoning of this building has been changed to B-2 Neighborhood Business District several years ago. The closest thing there is to this application is agricultural supply store. Horse of Course will only be retailing and mail order clothing and tack supplies.

Chairman Coon asked if anyone from the Commission needed to disqualify themselves. This case was published in the Andover Journal on May 22, 2003, and notices were mailed out to adjoining property owners. There was no exparte communications.

Sherry Hagemeister said she is the owner and proprietor of Hagemeister Ltd. and has owned this property for 13 years with a variety of tenants. Mrs. Hagemeister introduced the new tenant, Bob Wilson.

Bob Wilson said he is associated with a company in Claremore, Oklahoma named The Horse of Course that has been in business for 11 years. Mr. Wilson thought the atmosphere in Andover would suit this business well. This business deals in English and Western equipment for the horses and the riders.

Quentin Coon asked if the name of the business would be "The Horse of Course" as a "branch office" of the main store in Oklahoma. Bob Wilson said that it would and that the majority of their sales would be done on the internet. He said most of the shipping would be done out of Wichita, or Claremore, Oklahoma.

David Martine asked Bob Wilson what he expected the daily traffic generated at this location. Mr. Wilson said that other than UPS deliveries once a day, he expects 2-3 cars to stop at this store.

Bob Wilson said that business hours will be from 9:00 a.m.- 6:00 p.m. Monday through Friday and Saturdays by appointment only.

Keith Zinn asked about parking on the south side of the building. Bob Wilson said there is space for 4-5 cars on the north.

Keith Zinn asked if any changes would be made to the outward appearance of the building. Mr. Wilson said he had Site Plan Review Committee approval for the 3' x 5' wood sign out front. He said they are considering installation of a security light on the back of the building. He might put outdoor furniture in front of the building, but no other changes are planned.

Quentin Coon closed the public hearing at 7:28 p.m. Chairman Coon began review of the findings for Case SU-2003-02.

SU-2003-02- Public Hearing on app. by Hagemeister Ltd. for Special Use at 837 N. Andover Rd.

 

 

ANDOVER CITY PLANNING COMMISSION

Agenda Item No. 5

REZONING REPORT *

 

CASE NUMBER:

SU-2003-02

APPLICANT/AGENT:

Hagemeister Ltd.

REQUEST:

Special Use for English and Western riding clothing and tack shop in the B-2 Neighborhood Business District.

CASE HISTORY:

Existing building previously used for professional offices.

LOCATION:

837 N. Andover Rd.

SITE SIZE:

+/- 100' x 150'

PROPOSED USE:

 

ADJACENT ZONING AND EXISTING LAND USE:

North:

R-1 Single-Family Residential- Andover City Hall

South:

R-1 Single-Family Residential- existing residence

East:

B-2 Neighborhood Business District- childcare center

West:

R-3 Multiple Family Residential- vacant lot

 

 

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:

On the north is Andover City Hall, south is existing residences, east is a childcare center, and west is a vacant lot.

PLANNING:

Concur.

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:

North- R-1 Single-Family Residential

South- R-1 Single-Family Residential

East- B-2 Neighborhood Business District

West- R-3 Multiple Family Residential

PLANNING:

Concur.

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:

Existing office tenant left.

x

PLANNING:

concur

COUNCIL:

YES

NO

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

x

STAFF:

x

PLANNING:

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:

    x

    PLANNING:

    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:

    All are in place, Existing Willow Rd. frontage is not a paved street.

    x

    PLANNING:

    Concur.

    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:

    COUNCIL:

    YES

    NO

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

    x

    STAFF:

    Existing screening is in place.

    x

    PLANNING:

    COUNCIL:

    YES

    NO

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

    NA

    PLANNING:

    NA

    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:

    Expansion of existing specialty goods business.

    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:

    The property has had several office tenants.

    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.

    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 use is not intended to service the neighborhood but would not be inconsistent with the permitted 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:

    Case by case review of business zoning along Andover Rd.

    x

    PLANNING:

    Concur.

    COUNCIL:

    YES

    NO

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

    STAFF:

    None at this time.

    x

    PLANNING:

    Les received 1 call from a neighbor who did not have a complaint but could not attend tonight's meeting.

    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:

    Approval with the condition of access limited to Andover Road. Les Mangus said this condition would eliminate the problem that this may be a business that expands and outgrows, its environment, creating travel onto the gravel road, which abuts the residential zone.

    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?
  • STAFF:

    x

    PLANNING:

    COUNCIL:

     

     

    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-2003-02 be approved the special use for English and Western riding clothing and tack shop in the B-2 Neighborhood Business District subject to the condition of access limited to Andover Road. This approval is based on the findings of the Planning Commission as recorded in findings 1-17 in the summary of this hearing. Motion seconded by Lynn Heath. Motion carried 7/0.

     

     

     

    Les Mangus said this case will be on the City Council agenda August 12, 2003 and that Hagemeister Ltd. would be notified of the meeting.

     

     

     

    VA-2003-02- Recommendation on the vacation of a segment of Yorktown Road right-of-way on the USD 385 Central School Campus to match the alignment of Yorktown Road on the Andover Central Park Plat.

    Les Mangus said when the engineer finished the Central Park Plat for Yorktown Road, the city went back to USD 385 and got an additional dedication of right-of-way to make the 2 streets line up and this is a matter of giving back the right of way we wouldn't use.

    Lynn Heath made a motion to recommend Case No. VA-2003-02 be approved by the Governing Body as presented. Clark Nelson seconded the motion. Motion carried 7/0.

    VA-2003-02- Recommendation the vacation of a segment of Yorktown Road right-of-way.

     

     

    VA-2003-03: Recommendation on the vacation of a portion of the Douglas Ave. right-of-way formerly used for access to the Andover Municipal Golf Course from 159th Street.

    Les Mangus said this is a housekeeping item that goes back to 1988. Douglas Avenue was dedicated as a right-of-way to give access to the Municipal Golf Course. Through some changes in the PUD a new access point was made adjacent to the golf course directly off of Kellogg so the developer bargained with the City to vacate the Douglas Avenue right-of-way which would not be necessary in lieu of the right-of-way directly on to the Kellogg frontage. When Green Valley 5th and 6th Additions were platted, this vacation slipped through the cracks and was assumed that the plats overlapped onto this road right-of-way when it didn't but actually abutted this right of way as it was developed. We are just giving the developer back the land that was promised him several years ago.

    Clark Nelson made a motion to recommend Case No. VA-2003-03 be approved by the Governing Body as presented. Lynn Heath seconded the motion. Motion carried 7/0.

    VA-2003-03- Recommendation on the vacation of a portion of the Douglas Ave. right-of-way

     

     

    Review 5-year Transportation Capital Improvement Plan.

    Jeff Bridges said he included in the Commission's packets the section of the City budget that deals with capitol improvements. Because Andover has exceeded certain thresholds of population we have different requirements for KDOT purposes for funding. All citywide improvements need to be adopted formally by the City Council and Planning Commission. There was discussion about the information provided.

    Clark Nelson made a motion to recommend the Governing Body approve the 5-year Transportation Capitol Improvement Plan. Lynn Heath seconded the motion. Motion carried 7/0.

    Review 5-year Transportation Capital Improvement Plan.

     

     

    Member Items: Lynn Heath asked about the zoning for City Hall. R-1. Les Mangus said that public buildings are allowed in the residential zones.

    Clark Nelson said the city budget and transportation plans should be reviewed again by the Planning Commission at a later date. He said Jeff Bridges and Staff did a fine job at putting the information together. Jeff Bridges said the Metropolitan Planning Organization requires a more formal presentation for the Transportation Planning. There will be an evolution in this plan over the next several years.

    Clark Nelson volunteered to help the steering committee with the Comprehensive Development Plan.

    Member Items

     

     

    A motion was made by David Martine, seconded by Lynn Heath, to adjourn the meeting at 8:15 p.m. Motion carried 7/0.

    Adjournment

    Respectfully Submitted by

    __________________________

    Deborah Carroll

    Administrative Secretary

    Approved this 19th day of August 2003 by the Andover City Planning Commission/ Board of Zoning Appeals, City of Andover.