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ANDOVER CITY PLANNING COMMISSION /

BOARD OF ZONING APPEALS

September 16, 2003

Minutes

The Andover City Planning Commission met for a regular meeting on Tuesday, September 16, 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, Jeff Syrios, 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 Jan Cox was absent.

Call to Order

Chairman Quentin Coon welcomed new member Jeff Syrios to the Planning Commission.

Jeff Syrios

   

Review of the minutes of the August 19, 2003 Planning Commission meeting.

Clark Nelson made a motion to approve the minutes as presented. Charlotte Bass seconded the motion. David Martine, Ron Roberts, and Jeff Syrios abstained from the vote because they were not present at that meeting. Motion carried 4/0/3.

Review of the minutes of the Aug. 19, 2003 Planning Commission meeting.

   

Communications: Review of the City Council minutes from August 12, 2003 and August 26, 2003 meetings. Quentin Coon said the City Council reappointed him for another term on the Planning Commission. Chairman Coon noted the City Council meeting minutes were accepted as presented.

Review of the Subdivision Committee minutes from September 9, 2003. Chairman Coon noted the minutes were accepted as presented.

Review of the minutes from the Comprehensive Development Plan Committee of both August 21, 2003 and September 3, 2003 meetings. Chairman Coon noted the minutes were accepted as presented. He stated the next meeting of this committee would be September 18, 2003 to finalize the questionnaires.

 

Communications:

Staff Reports: Les Mangus said the members have been given the 2004 Meeting & Closing Date Schedule for their approval.

Clark Nelson made a motion to approve the 2004 schedule as presented. Lynn Heath seconded the motion. Motion carried 7/0.

 

SU-2003-03: Public Hearing on an application by Fred Deppner for Special Use authorization to establish a storage building in combination with a permitted office to store equipment and materials for a landscape business in the B-2 Neighborhood Business District at 308 N. Andover Road.

Chairman Coon stated the applicant has withdrawn this case and the Planning Commission will not hear it.

SU-2003-03

Withdrawn

   

Z-2003-02: Public Hearing on the Proposed Amendment of the Amended Preliminary Planned Unit Development of Flint Hills National Golf Club. Proposed change of zoning district classification of a portion of Parcel 4 from the R-1 Single-Family Residential District to the R-2 Single-Family Residential District and to change the overall maximum number of residential dwelling units from 188 to 248 units.

Jason Gish of MKEC and developer Tom Mack were present with Flint Hills National Addition. Jason gave copies of the existing PUD, Proposed Amendment after the Subdivision Committee comments, and Drainage Plans to the members of the Commission. Jason said that the Proposed Amendment after the Subdivision Committee drawing shows the changes made after staff comments.

Jason Gish said the revised area is in the southeast corner of the Flint Hills National Addition. This amendment will be Phase 4 of the development. This request is for a zoning change in Parcel 4a and for an increase in the total number of lots in the text of the General Provisions of the PUD. In the original PUD the lot sizes for this Phase 4 area were 5+ acres each. There were 20 lots of this size. The existing overall plan showed 131 lots total.

The proposal now is for the lots to be 1.5 acres each, and there are 23 of them. Patio home lots are included which are 15,000 square feet in size. There are 34 of them.

The proposed overall plan will be 168 lots. Difference of 37 lots. Jason stated there is a maximum of guest houses are planned for this development in Parcel 7. There are 248 total dwelling units proposed. Up from 188 on the existing PUD. The market is driving this change.

Clark Nelson asked Jason Gish to cover the staff comments for the Commission.

There was general discussion about the name of the development being significant between the 4 changes to track the "latest" version. Jason Gish said the amended PUD date is noted on the most current revision. He said the Final PUD will be named Phase 4. Les Mangus said this plat is recorded as the Flint Hills National Addition. He said this is called "an Amendment to the Amended Preliminary Planned Unit Development of Flint Hills National Addition.

Jason Gish said the zoning districts should be noted on the copy of the Preliminary Plat that was submitted tonight. He said the only zoning change would be for the smaller lots which are requested to be R-2, and the remainder of the lots in the development will remain R-1.

Charlotte Bass asked where the existing water, sewer, and streets are in Phase 3. Jason said they should be labeled on the copy that was given to the Commission tonight.

Clark Nelson asked if Phase 3 is the same as Parcel 3. Jason Gish said it is the same.

Jason said the benchmark should be labeled on the copy of the plat submitted tonight. It could not be located and Jason said he would get it done as well as the zoning districts being labeled on the plat.

Jason said that the 2 street names of Hedgewood Ct. and Sumac Ct. would be changed to Primrose Ct. and Bluesage Ct. Les Mangus he would have to check on the street names to be sure there are not duplications in Andover.

Jason Gish said there is an existing sewer manhole in the southern center of the plat and he suggests building a lift station somewhere to serve the area east of the ridgeline.

Clark Nelson asked if this would be a private development cost. Jason said that it would be. He further stated that Item 10 was in the text on the Plat stating: "Improvement Financing: The streets and subsequent drainage systems shall be private. The water and sanitary sewer systems shall be public." Jason said that Item 3 in the text on the plat state the Reserve Designation & Uses:

Irrigation (All Reserves)

Landscaping (All Reserves)

Berms (All Reserves)

Monuments (All Reserves)

Open Space (All Reserves)

Lakes (None)

Floodway (None)

Drainage (A,B,C,E,F,G,J) in designated areas.

Utilities (A,B,E,F,G,I,J) in designated areas.

Sidewalks (B,E,F,G,H,I)

Quentin Coon commented he likes the way each lot backs up to a reserve. Jason said there is Tallgrass Prairie in this area that the developer intends to keep.

Keith Zinn asked questions about the lift station and the financial responsibility of it. Jason said the gravity lines would be the city's responsibility, but the lift station would be the developer's responsibility. Jason said that by the time the Final Plat is submitted, the developer would have more definite information what the improvements would be, and the cost of them.

Keith Zinn was concerned if bond money would be requested to finance this lift station. Jason said they have not gotten to the point of planning this yet. He further stated the water and sewer gravity systems would be petitioned to the city for funding.

Jason stated the vicinity map has been provided as well as the improvement statement which is Item 10 in the text.

Chairman Coon asked if the density of the development would be a capacity problem for the sewer system. Les Mangus said there is an interceptor that was laid through Flint Hills that was sized as if it were another R-2 single-family neighborhood, including all the land around it that would drain into that interceptor, so it will have excess capacity.

Clark Nelson asked Les if he was concerned about the completion of Flint Hills National Parkway i.e. access in case of emergency. Les said there was general discussion at Subdivision Committee about at what point the Planning Commission is going to demand that that entire loop road be built to connect these private streets out to the public system. Looking at Phase 4a & b it is 1 1/4 mile from the furthest extreme of Phase 4 out to Andover Road all on private streets. Jason said they have allowed for an access opening at the 1/2 mile line on Prairie Creek Road for emergency access.

Clark Nelson asked how people on a daily basis get from Parcel 4 to Andover Road. Jason said they would have to drive all the way through the development.

Keith Zinn said he sees 1 entrance off of Prairie Creek Road and there is none from SW 130th Street. Jason said there is one from Parcel 3A in the SW corner of the plat with the intention to serve the smaller lots. He said there is a gate there now where the lady lives in the trailer between lots 19 & 20. Keith Zinn was still concerned about emergency vehicle access into this area. He asked if the access onto Prairie Creek Road is a guarded gate. Jason said the locks would be cut by emergency personnel if the need arises.

Keith Zinn asked if school busses were allowed on the private streets. Jason said they were. Keith Zinn asked if the busses would run into the cul-de-sacs. Jason said they were designed large enough to turn a school bus around in. He said it is a 150' cul-de-sac. Keith Zinn asked if the school board had been contacted for their permission to drive into the area.

Keith Zinn asked if there were plans and equipment available for snow removal during the winter. Tom Mack said they contract this service out. Jason said that at this time there are 3 points of access for emergency vehicles on the loop road.

Chairman Coon asked if 4a and 4b would be built concurrently. Jason said they would like to build a portion in the south where the existing utilities and streets are and they are proposing to build the first cul-de-sac in the club estate area on Parcel 4a. Mr. Coon was concerned which part of the road would be built first.

Clark Nelson asked if staff had reviewed the drainage plan yet. Les Mangus said that it has not been because it was just submitted at tonight's meeting.

Chairman Coon asked if there were any comments from the public on this case. Sheile Young from the Andover Journal-Advocate asked if this plat is approved would the city taxes be used to pay for it? She also asked how this development would benefit the city and surrounding area.

Jeff Bridges stated this is an ongoing development that was started in 1995. Lot construction began in 1997. This has added tremendous value to the City of Andover and full build out should add half again assessed value to the city. When the golf course abatement expires, it would almost double the value of the city. So this is a very positive project for the city and that is how the City Council in the past has viewed this. There is a very special relationship with this project which brings in a lot of tourism dollars with the recent tournaments they have had, they are building a variety of housing which is unique to the Wichita area and it is a very positive project for the City.

Ms. Young asked again if it would increase taxes. Jeff Bridges said the developer would pay for everything, even to pay for half of the cost of improvements of the adjacent arterial streets when that surrounding property develops. The developer through specials or through direct contributions for infrastructure will fund this.

Tom Mack with Flint Hills Company clarified the owners would pay for the lift station and the private streets, and that they ask no more from the City than any other developer does.

Lynn Heath was concerned about access to Andover Road from this area. Les Mangus stated the emergency access on Prairie Creek Road would be in the far northeast corner of the area that is shaded on this plan. The other alternative was near to the point where it connects to Andover Road. The PUD limits access to 130th Street to one point, but if the Commission feels it is necessary, another emergency access point can be added. Les Mangus said the access road off of Prairie Creek would not be available until Phase 4 is completed. Les Mangus is more concerned with this issue the more quantity of homes are going into this area.

Les Mangus asked Tom Mack and Jason Gish if they would have a problem with an additional emergency access road along Flint Hills National Parkway, adjacent to SW 130th Street. Jason asked if a temporary one would be acceptable. He thinks there are some existing gates into the pasture that could be made available from south of Lot 2, Block 1. Les Mangus stated that at the half-mile line there is an existing gate.

Keith Zinn was concerned about the temporary accesses being "all weather". Jason said that on Parcel 6 there was gravel/ geo-textile membrane that is designed for emergency vehicles to travel on, that grass can be grown on.

Keith Zinn asked for Les' opinion of the quality of these roads during bad weather. Les Mangus said they are a reinforced turf emergency access. It is something that should be discussed with the fire chief.

Quentin Coon asked if the stability of these roads have ever been tested during bad weather. Les Mangus said they have not been. Jason said that the public during golf tournaments has used the access at Prairie Creek Road, so they would probably stay with a gravel surface for this access, as it will be used more frequently. He said the lots have been designed to avoid direct views to the public roads or corridors. Jason said there is an ASTM standard that would provide for heavy vehicle traffic during bad weather.

Les Mangus said the challenge is for the traffic to stay on the path as it has grass on it and is similar to the rest of the landscape. Jason Gish said that the road is basically a straight shot from the gate on Parcel 6 that goes directly up to the road. Jason said there are berms that will define the edges of the road. Jason said access is limited to this development for aesthetic and security reasons.

Lynn Heath asked if Parcel 3a had an emergency entrance to it. Jason said it is shown above Reserve E on the plan. Lynn Heath asked where the entrance is shown to Parcel 6. Jason said it is adjacent to 123rd Street Terrace. Jason said they would like to build an emergency access until Phase 4 is built then remove the one off of 130th Street. Les Mangus asked if this would be used as a construction entrance for this phase.

Chairman Coon closed the public hearing at 7:50 p.m.

Z-2003-02 Flint Hills National Golf Club

ANDOVER CITY PLANNING COMMISSION

Agenda Item No. 6

REZONING REPORT *

 

CASE NUMBER:

Z-2003-02

APPLICANT/AGENT:

Flint Hills Co., LLC/ MKEC Jason Gish

REQUEST:

Amendment to PUD to change zoning district from R-1 to R-2 in a portion of Parcel 4, and change of maximum dwelling units from 188 to 248.

CASE HISTORY:

None

LOCATION:

South of SW 120th St. & East of Andover Road

SITE SIZE:

605 acres

PROPOSED USE:

Residential home development.

ADJACENT ZONING AND EXISTING LAND USE:

North:

Butler Co. Agriculture- suburban acreage

South:

Butler Co. Agriculture- suburban acreage

East:

Butler Co. Agriculture- suburban acreage

West:

Butler Co. Agriculture- suburban acreage

 

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:

Suburban acreage

PLANNING:

Close proximity is zoned R-1 and across the road is zoned rural agricultural.

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:

R-1 Single-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:

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:

    The market demands more lots in the proposed lot size

    x

    PLANNING:

    Concur

    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:

    Can be provided. Wastewater must be pumped to meet existing lines.

    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:

    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?
  • x

    STAFF:

    This size of lot seems to be the best seller in the Flint Hills PUD, & only a few lots are left available.

    x

    PLANNING:

    Concur. None are available of this size.

    COUNCIL:

    YES

    NO

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

    N/A

    PLANNING:

    N/A

    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:

    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?
  • STAFF:

    No detriment is perceived.

    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:

    x

    PLANNING:

    COUNCIL:

    YES

    NO

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

    STAFF:

    Provides a variety of housing types

    x

    PLANNING:

    Concur

    COUNCIL:

    YES

    NO

  • What is the support or opposition to the request?
  • STAFF:

    None at this time.

    PLANNING:

    None has been received.

    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?
  • STAFF:

    Approval as applied for

    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:

    No detriment to the public is perceived.

    PLANNING:

    Concur.

    COUNCIL:

       

    Les Mangus said the emergency access road issue would be dealt with at the Final Plat stage, and would not require any amendment to the PUD to add additional access points or to designate a permanent access point, but just to provide an interim.

     
       

    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. Z-2003-02 be approved to change the zoning district classification from the R-1 Single-Family Residential District to the R-2 Single-Family Residential District based on the findings of the Planning Commission as recorded in the summary of this hearing. This is subject to the satisfactory resolution of staff comments including the drainage plan. This is based on items 5, 6, 9, 12, & 14. Motion seconded by Lynn Heath. Motion carried 7/0.

     
       

    Comprehensive Plan Update Committee progress report. Les Mangus said there have been 2 meetings that discuss preliminary plans of how to collect information from the public. Who to gather information from and what information to gather from them. At the next meeting on September 18, a draft set of questions will be reviewed and will look at samples of data collection forms Bickley Foster has prepared to use, to fill in the blanks on the Comprehensive Plan.

    Quentin Coon asked if the collection of this data would be done by mass mailing. Les Mangus said it is a unique method of collection and that some of the information can be obtained from the census. Staff will survey public Facilities.

    Jeff Bridges said the plan is to do some type of citywide questionnaire to hand out, followed by some public meetings to discuss results and priorities. There is expected to be a heavy public input included in this updated Comprehensive Plan.

    Quentin Coon asked if it was possible to use voting booths for this. Les Mangus said most of these questions would be multiple choice answers. Ron Roberts said there is not enough control on this method.

    Clark Nelson said the hope of the committee is to have citizens answer the survey questions as a family household. He said this has been a wonderful learning experience, as he did not understand the complexity of this project.

    Quentin Coon is concerned about the public input on parks and bike paths, etc. Les Mangus said the questionnaire will not only ask about the city facilities, but the services that are provided as well.

    Quentin Coon asked if anyone from the Library will have input on this. Les Mangus said that all departments will have input.

    Keith Zinn said it was also discussed about getting the message to the community of the importance of completing this survey and returning it promptly for the maximum number of returns. Les Mangus said he wants to see a 20% return.

    Quentin Coon asked if there was an announcement on the Web site yet. Jeff Bridges said that there is not the capability of that yet.

    Charlotte Bass asked if only citizens living in the city limits of Andover would be given the surveys. Les Mangus said it will spill over to some employees of the industries, school system, and some of the larger employers, in an effort to discover why people work in Andover without living here.

     
       

    Member Items: Lynn Heath said that on the corner of Bales and Andover Road there is a Mimosa Tree that is blocking the view. Jeff Bridges said that Lloyd is taking care of it.

    Clark Nelson asked about the rezoning report format question number 15 asks for the support or opposition to the request. There is to be staff, Planning Commission, and City Council responses. He asked if that is for Staff's recommendation, or if staff had heard from the public. Les Mangus said that is for response from the public at the time he fills out the rezoning report. Clark Nelson said one of the legal criteria for a zoning change is the recommendation of professional staff. Les Mangus said that is what question number 16 is designed for.

    David Martine asked about the progress of the development at 21st Street and Andover Road. Jeff Bridges said they are not prepared to go forward on it yet, there are other projects in line before this one.

    David Martine asked where the progress with the 13th Street paving project is. Jeff Bridges said that Sedgwick County will be going full speed ahead with it in 2006. Les Mangus stated it is still on the plan for Butler County but with no funding to back it up. Jeff Bridges said this is outside the city limits and there is no funding source at this time. He further stated the County Engineer sent a letter saying unless a new funding source for road improvements is found that the possibility for the future of this project is questionable.

    Member Items

       

    A motion was made by Lynn Heath, seconded by Ron Roberts, to adjourn the meeting at 8:18 p.m. Motion carried 7/0.

    Adjournment

    Respectfully Submitted by

     

     

    __________________________

    Deborah Carroll

    Administrative Secretary

    Approved this 21st day of October 2003 by the Andover City Planning Commission/ Board of Zoning Appeals, City of Andover.