ANDOVER CITY PLANNING COMMISSION /

BOARD OF ZONING APPEALS

February 19, 2002

Minutes

The Andover City Planning Commission met for a regular meeting on Tuesday, February 19, 2002 at 909 N. Andover Road in the Andover Civic Center. Members present were Quentin Coon, Joe Robertson, Lynn Heath, Charles Malcom and Dave Martine.  John McEachern and Ron Roberts were absent.  Others in attendance were Les Mangus, Zoning Administrator; Jeff Bridges, City Clerk/Administrator; and Wilma Stoltz, Administrative Secretary. 

The meeting was called to order by Chairman Quentin Coon at 7:01 p.m.

Call to Order

Review the minutes of the December 18, 2001 Andover Planning Commission and Board of Zoning Appeals meeting.  Motion was made to approve the December 18, 2001 minutes of the Andover Planning Commission and Board of Zoning Appeals by Joe Robertson.  Lynn Heath seconded the motion.  Motion carried 5-0.

Review the minutes of the December 18, 2001 Andover Planning Commission

Minutes of the January 29, 2002, January 8, 2002, December 26, 2002, and December 11, 2002 City Council meeting were received and filed.

Minutes of the February 5, 2002, January 10, 2002, January 2, 2002, and December 4, 2002 Site Plan Review Committee meeting were received and filed.

Committee and Staff Reports.  Les Magnus reminded everyone that there is a joint training session of the Planning Commission, Site Plan Review Committee, and City Council scheduled for March 2, 2002 from 9:00 a.m. to 4:00 p.m. and would like for all to attend.   Presenters will be Bickley Foster from Foster and Associates, David Foster from Rice Foster, Mike Thompson from Poe & Associates, and Norman Manley, City Attorney will each present Planning, Site Planning, Planning Law and Subdivision topics.

Communications:

Review the sketch plan of Andover Lakes Estates.  John Greenstreet presented on behalf of Dr. Harvey Ellis Jr. owner of the property.   Mr. Greenstreet went over the preliminary design.  The primary purpose in coming before the committee was to see if this concept layout would be agreeable to the growth in the neighborhood.  Mr. Greenstreet said they are asking for commercial, single family, and duplexes.  Mr. Greenstreet stated that the heavy commercial would be on Kellogg, office space would be around some water ponds, and the patio homes would be mingled with single homes to soften and separate from the commercial area.  There would be a pedestrian walkway from residential into the shopping area.  Discussion followed regarding location of the different zoning areas.  Dave Martine asked what the time frame was for this project.  Mr. Greenstreet they would like to go to the next level fairly quickly.  Quentin Coon asked what the 4 plats to east of the pond were.  Mr. Greenstreet said the property would be offices but with showrooms.  Joe Robertson asked if the access into the commercial area along Kellogg either on the two streets of Sunset or Yorktown was going to run into setback problem from the highway.  Mr. Greenstreet stated that the project would be designed to put an intersection going into the corner of Yorktown and Highway 54.  Les Mangus said the location of Sunset and Yorktown Streets comply with our agreement with KDOT that Sunset would be the right in right-out and Yorktown could be a full function intersection until such time that Kellogg becomes freeway.  Les Mangus stated that Mr. Greenstreet shows the 150’ building setback on the plan.  Dave Martine asked if there was anything south of Douglas and east of Yorktown now.  Mr. Greenstreet stated that was all vacant land.  Les Mangus stated that east of Yorktown is an existing neighborhood.  Mr. Greenstreet stated that the single-family residential area would possibly be the first area to be developed as it has sewer in and paid, for and the water lines are already in.  Joe Robertson asked if the property to the east of Yorktown Road on the upper half was annexed.  Les Mangus stated it was not in the city but the residents do have City sewer service.  Dave Martine asked Mr. Greenstreet what his goal was in starting the project.  Dave Martine asked  if the next step was to go to the Subdivision Committee.  Les Mangus stated the next level was to make application for the zoning for all these different tracts and then have a public hearing and actually establish the zoning.  Dave Martine then asked when it went to the Subdivision.   Les Mangus stated it could go to the Subdivision Committee at that same time.   Mr. Greenstreet stated they would like to start by the end of the year starting with the residential area.  Les Mangus stated that the multi-family should be used as a buffer between the business and single-family districts.

Motion by Lynn Heath, seconded by Joe Robertson to recess the Planning Commission and convene the Board of Zoning Appeals.  Motion carried 5-0.

Review the sketch plan of Andover Lakes Estates. 

BZA-CU-2002-01.  Public hearing on an application for conditional use to allow an Animal Hospital in the B-1 Office Business District at 1607 W Central.  Dr. Ron Kutter presented information on the Animal Hospital.  Les Mangus stated that Dr. Kutter wanted a conditional use as the property is already zoned B-1 Office Business District, but for an Animal Hospital use a conditional use is required.  Dr. Kutter stated there would be access on both Central Avenue and 159^th Streets.  The back of the building would have a covered parking canopy for drop-off of animals.  Dr. Kutter stated a cedar fence would be put up on the south side of the property.  Les Mangus stated that to the east there is a vacant lot between the east property line and the Messner house.  Dave Martine asked what the property to the east of Dr. Kutters property was zoned.   Dr. Kutter stated it is zoned A-1 and his intention is to be on the agenda for March to change the zoning to B-1 Office Business District.  Les Mangus stated that there was a 394’ vacant lot between Dr. Kutter’s lot and the Messner house.  Lynn Heath asked if there was an exercise yard for the animals for daytime hours.  Dr. Kutter stated there was an area south of the building for leash walking the animals.

PUBLIC COMMENTS:

Ron Schneider, 428 N. Lancaster Ct., Wichita, KS., stated he lived on the west side of this proposed facility.  Mr. Schneider asked what type of fence Dr. Kutter would have on the west side of this building. Mr. Schneider asked if the building is metal or effaced.  Dr. Kutter stated it would be effaced or hardy board and that it is to be cement siding.  Mr. Schneider asked if there was going to be a fence on the westside of this facility.  Dr. Kutter stated that the fencing planned now for the west is to be an 8-ft high cedar fence.  Mr. Schneider wanted to know how far from 159^th street this building will be.  Dr. Kutter stated that from the driveway, it would be 117’ from centerline of 159^{th street.}   Mr. Schneider asked Dr. Kutter if he was presently operating out of Bel Aire.  Dr. Kutter stated that that facility was sold approximately two years ago and that they are under a two-year non compete clause within 15 mile radius.

Chairman Quentin Coon read the following:

BZA-CU-2002-01.  Public hearing on an application for conditional use to allow an Animal Hospital in the B-1 Office Business District at 1607 W Central. 

BOARD OF ZONING APPEALS ACTION EXCEPTION (CONDITIONAL USE)

A.      The Board shall not grant a conditional use permit unless it shall, in each specific case, make specific written findings of fact directly based upon the particular evidence presented to it, which support conclusions that:

1.                The proposed conditional use complies with all applicable regulations, including lot size requirements, bulk regulations, use limitations and performance standards; unless a concurrent application is in process for a variance. The consensus of the Commission is yes/true.

2.                The proposed conditional use will not cause substantial injury to the value of other property in the neighborhood.  The Commission voted yes/true.    

3.    The location and size of the conditional use, the nature and intensity of the operation involved in or conducted in connection with it, and the location of the site with respect to streets giving access to it are such that the conditional use will not dominate the immediate neighborhood so as to prevent development and use of neighboring property in accordance with the applicable zoning district regulations. In determining whether the conditional use will so dominate the immediate neighborhood, consideration shall be given to:

a.     The location, nature, size and height of buildings, structures, walls and fences on the site; and the Commission voted yes/true.

b.    The nature and extent of landscaping and screening on the site.  The Commission voted yes/true.

4.    Off-street parking and loading areas will be provided in accordance with the standards set forth in Article 5 of these regulations.  Such areas will be screened from adjoining residential uses and located so as to protect such residential uses from injurious effects.   The Commission voted yes/true.

5.                Adequate utility, drainage and other such necessary facilities have been installed or will be provided by platting, dedications and/or guarantees.  The Commission voted yes/true.

6.                Adequate access roads, entrance and exit drives and/or access control is available or will be provided by platting, dedications and/or guarantees and shall be so designed to prevent traffic hazards and to minimize traffic congestion in public streets and roads.  The Commission voted yes/true.

     Application received:                        January 18, 2002

Publication date:                     January 24, 2002

Notice to landowners:                        January 22, 2002

Hearing Date:                         February 19, 2002

Zoning District:                       B-1 Office Business District

DECISION:

           I, Charles Malcom move to approve the Conditional Use application of BZA-CU-2002-01 to permit the Animal Hospital in the B-1 Office Business District.  Lynn Heath seconded the motion.  Motion carried 5-0.

CLOSING REMARKS:

Chairman Quentin Coon welcomed the participant to Andover.

A motion was made by Charles Malcom, seconded by Lynn Heath, for adjournment of the Board of Zoning Appeals and to reconvene the Planning Commission.  Motion carried 5-0.

Member items.

Lynn Heath nominated Joe Robertson for secretary.   Charles Malcom seconded the motion. Motion carried 5-0.

Lynn Heath congratulated Sheri Geisler on her appointment to the City Council.  

Charles Malcom made a motion to adjourn.  Dave Martine seconded the motion.   Motion carried 5-0. 

Meeting adjourned at 8:50 p.m.

Member Items