Case Z- 2002- 04 Public
Hearing on an application for change in zoning district classification from
Butler County Agricultural to MH-2 Manufactured Home Subdivision District on 57.22
acres south of US 54 between Yorktown and McCandless Roads. Chairman Coon
asked commission members if they need to disqualify themselves for any
reason. John McEachern disclosed that he had a phone conversation with Jack
Huengardt about manufactured housing as well as other topics. Joe Robertson,
Dave Martine and Chairman Coon also reported phone conversations. Quentin
Coon reported they did receive proper notification on this issue. Les Mangus
noted that the Commission was given copies of a letter from Frank Jackson
stating his opposition to this case and also a summary prepared by Keith Zinn
was submitted for the record as well as some information from the applicant
on his home of choice.
Chairman Coon opened the
public hearing and invited the applicant to come to the podium. Bob Kaplan
who represents James McFadden, the applicant for the MH-2, spoke first. Mr.
Kaplan wanted to provide a short overview of the request and to identify the
material that Mr. McFadden will be discussing. Mr. Kaplan reminded the
Commission that their decision couldn't be based on the plebiscite of a few
people but on the interest of the entire community at large. Mr. Kaplan
stated that the application presented by Mr. McFadden is for a single-
family, owner-occupied subdivision. Mr. Kaplan stated that this property is
no different from any other property in Andover except that under the
regulations, the lots in MH-2 may be smaller. Mr. McFadden has withdrawn
his request for Mobile Home Park. This is a request for subdivision.
Applicant James McFadden
addressed the Commission. Mr. McFadden gave copies of photographs to the
entire Commission and these were also posted on the wall for the public to
view. A rough drawing of the McCandless tract, the Highland property, and the
proposed Sunflower Addition were posted on the wall during the presentation.
Mr. McFadden presented the
Discussed depreciation of land value with commercial projects-
based on information from the assessor on the values of the homes (not
including the property) in the area for comparison to this proposed project.
Screening- will have to be worked out by the neighbors or in
Subdivision is planned to have 160 homes. Smallest lots will be
7,500 sq. feet. He doesn't know what the largest lots will be, but probably
8,400 sq. feet. There will be about 2.66 houses per acre. Homes allowed on
this property will be only the ones in the photos distributed to the
Commission. Homes are manufactured by Genesis Manufacturing, which is part of
Atlantic Homes from Central City, Nebraska. Mr. McFadden stated these homes
are approved by HUD, the Uniform Manufactured Home Code, and by the Uniform
Building Code. Mr. McFadden stated he would be in control of the sale of all
the homes. Mr. McFadden stated eight model homes would be on display in the
area for the Subdivision. All homes will either have basements or
foundations, depending on customer requests.
All homes will have 2 car garages. Homes will range in square
footage from 1,267 up to 2,050. All will comply with city codes. Mr. McFadden
proposes the development will be in 3 phases, 50 homes at a time. Wants to
have the first house occupied in 2002. Mr. McFadden stated that order time to
occupancy of the home is about 75 days. Mr. McFadden will not be using
bonding or special assessment financing of improvements through the city. Mr.
McFadden will fund the project himself.
Discussed the difference between stick built homes and
manufactured homes. Mr. McFadden stated that the manufactured homes are a
superior product. These homes have a 10-year warranty, R39 blown insulation
in the roof, Phillips windows and cabinets are Merrillat. Inspections will be
done before the home is set and if the foundation is not perfect, the house
cannot be delivered.
- Question by Joe Robertson to Mr. McFadden as to
whether the garages are part of the factory built product. McFadden
stated that Atlantic Manufacturing makes the garages, Genesis makes the
home, sets it up in about 4 days, then Atlantic comes behind them and
installs the garage. Mr. Roberts asked if all the homes being proposed
will have garages. Mr. McFadden said all the homes will have garages
attached. Mr. Robertson asked whether the houses would be occupied
before the garages are completed. Mr. McFadden replied that the delivery
of the garage would be about 4 to 5 days behind the house. Mr. Robertson
asking if there is some kind of guarantee that the garage will be
attached within a designated time frame. Mr. McFadden replied he expects
within 75 to 90 days the house is there, and within 4-5 days of clearing
the house (utilities and etc.) then the garage crew is there. He further
stated that something could be included in the plat or in the covenants
to include that the garage has to be attached to the house prior to
occupancy. Mr. Robertson said this would satisfy his question.
Mr. McFadden reported that all the homes would have driveways
to the curb, concrete floors in the garage, in addition to paved streets,
gutters, street lights, just like any other Subdivision in Andover.
The smallest home is 1,267 sq. feet with a cost estimate per
home of $82,000, which would include the basement. There would be no specials
here. The Commission asked the value range average without the lots. Mr.
McFadden answered that the smallest house (property excluded) would value at
$68,000, expecting that most of the homes built here would be on the smaller
Joe Robertson asked for clarification on the plan for phasing
in the homes and to whether there is any intent to starting on the west side
of the area and working to the east. Mr. McFadden replied this will be a 3
phase development, starting at the north and going south. Mr. McFadden stated
that if they find out the cost of doing the work in 3 phases is cost
prohibitive, they will do the entire project all at one time. They will sell
the lots in thirds within 3 years.
Mr. McFadden reported also they are platting the commercial
property in front of it now. Specials may be used on commercial properties,
but only if necessary.
Chairman Quentin Coon read the introductory
paragraph to the zoning regulations for an MH-2 Manufactured Home Subdivision
District says: "This district is designed to provide for a medium
density area of individually owned lots, platted for all types of
manufactured and modular homes on permanent type enclosed foundations."
Chairman Coon then opened up
the podium for public comment. Everyone was asked to state their name and
address before speaking for the record. In the interest of time to only bring
new issues to the floor and to not be repetitious. The public was thanked for
participating. The floor was then opened for public comment.
Terry Buller of 755
McCandless voiced his concern that approving MH-2 would be opening the door to
single and multiple width manufactured homes. He was also concerned with the
density of homes in the development, and asked for a guarantee that Mr.
McFadden will maintain the level of quality that has been promised tonight.
Mr. Buller provided photos to the Commission showing the existing mobile home
park in town and the condition of some of the homes. He does not believe that
the public at large is interested in having MH-2 developments in their area.
He is concerned there will be deviation allowed in the platting process as
well as traffic and safety issues at the Archer Street intersection with
US-54. More photos submitted about the traffic considering both student and
adults. Mr. Buller stated there is a visibility problem in the area.
Additional photos with the addresses on the back were given to the Commission
to document his opinion that if a property needs barriers, there must be
something to hide. He does not believe there is really a need for mobile or
manufactured homes in Andover. Mr. Buller asked if anyone knows how many
manufactured homes there are presently. Chairman referred the question to Mr.
Magnus who did not have an accurate count and will be able to provide more
precise information when the 2000 census is released. Mr. Mangus stated the
last percentage taken in the mid- 90's was estimated at 11-12%.
Mr. Buller referred to the
Comprehensive Development Plan for the Andover Area Kansas 1995- 2010- pages
6-11. Second paragraph - "According to the 1990 U.S. Census of Housing,
the City of Andover had 315 mobile homes and trailers located exclusively in
2 parks inside the city limits. Since this represents 21% of the total
housing units in the city, it is believed that Andover has provided its fair
share of such housing in the region. In a 3 county Wichita Metropolitan
Statistical Area the percentage of such homes is 6.1% of total housing units.
Andover has almost double the proportionate number of such homes as compared
to Butler County, which has 11.9%. Rose Hill 1.1%. Augusta 9.2%. El Dorado 5.0%." He implied that if we add this development as proposed, the Andover percent would rise to 15-20%. He distributed a copy of the page from the
comprehensive plan that he was quoting to the Commission.
Another concern of Mr. Buller
was about the way the City of Andover is being divided between schools,
mobile home parks, and apartments. Mr. Buller suggested if this development
must proceed, it should be built north of the city on 21st and Andover Rd.
Jack Huenergardt of 840 McCandless Rd. - Asked the applicant and his attorney where they got their degrees in
engineering. Chairman Coon instructed the speaker to direct all his comments
to the Commission and for all questions to be pertinent to the zoning case.
Mr. Huenergardt disagreed that modular homes are superior quality to stick
built ones. He accused Mr. McFadden of being a greedy developer from Augusta who wants to move this project into our backyard. He is opposed to the density.
Mr. Huenergardt was on Board of RWD #8, and asked the question whether the
City of Wichita would have restrictions on Andover with regard to how much
water they will supply. Jeff Bridges responded in the negative. Mr. Bridges
further explained that Andover's percentage of take has to equal what they
ration to the residents of the City of Wichita. Only if the City of Wichita gets rationed do we get rationed in the City of Andover by the same percentage.
Another complaint of Mr. Huenergardt was that more residents have been added
to the sewer line in his neighborhood and his rate has went up from $9.75
when he moved to the area, to $67.50 quarterly. Mr. Huenergardt stated that
people already living in an area end up paying higher rates for new
developments due to increased demand on the facilities. He stated that Rose Hill,
Bel Air, and Eastborough do not have any mobile home parks, and that the City
of Derby does not have any in their city limits.
Phillip Yokley of 655
McCandless asked about ways to have controls to keep renters out of this
district. Mr. Yokley stated that platting is important. He wants the size of
the lot to be specified from the beginning of the project. Mr. Yokley
questioned value comparisons supplied by Mr. McFadden, whether the City of Andover inspector would sign off on each property, and who would enforce the covenants?
Mr. Yokley questioned the discrepancy of one development having specials and
Martin Rock of 801 McCandless stated he is opposed
to the development of the property behind him. He questioned the valuation
figures supplied by Mr. McFadden the accuracy of the numbers, and as to
whether the dollars reported were a matter of public record. Asked whether
the screening in the area is going to be used to hide something.
Chairman Coon stated for the
public the lot size requirement in MH-2 zoning district is a minimum 6,000
square feet for the manufactured homes, lot width is 60 feet, lot depth is
Shannon Hill from 819 S. Highland Dr. stated to the Commission her opinion that by putting in a modular home,
this provides no financial benefit to the community. The jobs would be going
to Center City, Nebraska. She further stated that HUD homes could be built as
stick built homes. Ms. Hill went on to argue that Mr. McFadden should have
applied for R-2 zoning. She feels this will make the developer stick to the
plan. She reminded the Commission of the study done by KDOT of Kellogg and Andover Road, which reported that 40,000 cars go through that intersection daily. Ms. Hill
reported that the safety of the added traffic being in the area due to this
development would raise the fatality rate.
Mike Jeffrey of 645
McCandless voiced his opposition to this development. Traffic is a concern to
him. Mr. Jeffrey wants a clause written into the plan for assurance that only
what is being presented to the Commission tonight, will actually be what is
built in the development. He addressed the issue of water runoff from this
proposed development to the McCandless properties.
Leroy Mannis of 1014 E. Williamsburg questioned the Commission about why the developer is not asking for R-2
zoning in this area? Chairman Coon answered that it is what was applied for.
Mr. Mannis stated that an acre is about 44,000 sq. ft., and he has got less
than 3 per acre, means his density is in excess of 10,000. If that is the
requirement for R-2 then he is trying to figure the math out.
John McEachern asked Chairman
Coon to clarify a statement made by Mr. Kaplan, which alluded to the fact
that the only difference in the zoning is the lot size being smaller which
would increase the density.
Mr. Mannis continued to ask
why the property has been broken up, and what is the trick he is not seeing?
Mr. Mannis asked if the only difference truly is lot size, then lets
understand the difference the lot size really is and be specific.
Chairman Coon re-explained to
the public that the zoning on R-2 minimum lot size is 10,000 sq. feet. Mr.
Mannis asked further, if R-2 precludes manufactured homes brought in and set
Bill Wadsworth of 545 S. Highland Dr. voiced his concerned as to how the homes in the proposed development add
to the supply to the tax base for our schools. Will they be taxed any
differently than the current property owners? If not, he is opposed to the
project. He only supports improvements that will add to the quality of the
current educational system. Further stated that if the Commission would not
want these types of homes in their back yard, then that is how the current
homeowners feel too. Chairman Coon then asked for response from the applicant.
James McFadden returned to the podium to restate
some of the points he made earlier in the meeting and answer the questions
raised by the public. The last site plan was for 7,200 sq. feet per lot. The
footprints of their largest homes won't fit on 7,200 sq. foot lots. Don't
know yet how large they will have to go to accommodate the largest homes. Mr.
McFadden is satisfied that they will not have to go over 8,400 sq. feet. He
wants every lot to be able to hold the largest home. Mr. McFadden's reason
for not being clear about the driveway issue is because he is not sure if Mr.
Mangus is going to make him put sidewalks in. If so, the driveway would go to
the sidewalk and then the curb. And if not, then the driveway would just go
to the curb. John McEachern asked Mr. McFadden if the minimum size of the
lots proposed would hold the largest homes available. Mr. McFadden does not
have that information yet from Atlantic Homes. Mr. McFadden explained that
screening is really not going to be necessary in this project and promised
again that this will be a quality project. Mr. McFadden stated that the
maximum number of homes would be 160. The covenant will be enforced by
McFadden Development until it is turned over to a homeowners association. Mr.
McFadden will not allow their homes to be turned into rental properties. Mr.
McFadden has spoken with the county assessor who stated that the homes in
this area would be assessed at the same rate as the neighbors.
Joe Robertson asked whether
the covenant would be specific that there would be no rentals allowed in this
neighborhood. Mr. McFadden replied yes, that the issue is no different from
junk cars and additional building on the property.
Ron Roberts asked what
guarantee there would be that only Genesis built homes would be allowed on
this property. Mr. McFadden promised this would be a quality project with
only Genesis Homes being allowed. Mr. McFadden agreed he could put something
into the plat, and that it has to be a UBC approved home.
John McEachern commented that
he owns rental properties himself and that just because a family rents, does
not make them bad people. His experience shows them to be loyal & tidy
where some homeowners might not be. Mr. McFadden added that he is in favor of
rentals, just not in this subdivision.
Joe Robertson reviewed the questions of the public
concerning paved streets and utilities being in place. He asked if the
property could be occupied before all these items are completed. Questioned
Mr. McFadden further as to whether he is planning on specials being billed to
these homes and that he is planning to pay for the pavement, curbs, and
utilities, throughout this development. Mr. McFadden does not expect the City
of Andover to sign the occupancy permit before all items are completed. If
the development is done in phases they may be able to do 50 and get occupancy
for that, then go to the next 50, and so on. The Chairman did not have any
other questions. Mr. McFadden commended the Staff at City Hall for their
outstanding job during this complicated application process. They were all
very courteous and efficient and Mr. McFadden appreciated that very much.
Chairman Coon asked for a
point of clarification from Mr. Mangus as to whether he would do his normal
final building inspection once the project is complete. Mr. Mangus responded
that these would be owner occupied lots, so all the guarantees would have to
be in place for the utilities and streets, or all would have to physically be
in place and approved before the first building permit was sold. From that
point, our inspectors would do field inspection of the foundation or
basement, and all of the utility connections. The inspections on the rest of
the house would be done by third party, UBC certified inspectors. So with
each house would come a certificate that it has been inspected and that it
complies with the UBC. Final inspection will occur after everything is in
place and complete.
Joe Robertson asked Mr.
Mangus his opinion of third party inspectors. Mr. Mangus replied that as
long as they are certified inspectors, they are as good or better than we
have in the city. Their certification comes from the State of Kansas. Mr. Mangus said the advantage those inspectors have over the city is that they look
at the same house plan multiple times during the process. It is much easier
for an inspector to do his job when he has seen the same floor plan over and
Joe Robertson then asked for
replies from staff about the taxation issue to be sure that is clear. Jeff
Bridges responded that the homes valuation is set by Butler County Appraiser
as single family homes as the applicant has indicated through his
conversation with the assessor, they would be assessed the same as any other
single family home property owner and pay the same percentage. Mr. Bridges
said though the valuation differential is there, the same mills are paid, and
it is paid as real property, not as personal property as is with mobile
homes. Joe Robertson asked how it gets classified as a single family home or
is there a chance that it is not. Mr. Mangus responded that it would be based
on whether the house is built on a permanent foundation or not. If it is
permanently attached to the ground by means of a foundation, then it is real
property compared to a mobile home, which is merely tied down. Mr. Robertson
asked if the same party has to own the home and the land. Mr. Mangus said
this is correct. General discussion was had about the tax base of the homes
in the area and that this subdivision would be taxed at the same percent as
other real property in the area.
Chairman Coon said he would
allow a few more public comments to be doing a thorough job. Asked for public
comments to be concise.
Shannon Hill from 819 South Highland Drive would like to see a copy of the contract Mr. McFadden has with
Atlantic Homes. Chairman asked for clarification of the request. She said she
wants proof that the homes promised in the development actually are the ones
contracted for building and not single wide or doublewides.
Terry Buller of 755 S.
McCandless asked that the Commission turn this application down and for them
to resubmit it as R-2. Mr. Buller says that will be the guarantee that Mr.
McFadden will follow through with all the promises made. Repeated concerns
voiced previously in the meeting.
David Goldack of 1303 E.
Hwy. 54 asked the Commission that if they rezone this the way the applicant
would like, and his Commission answered that once a property is rezoned, it
stays that way unless it is re-approved as something different. of Reflection Lakes, noted that R-2 zoning is 10,000 sq. foot minimum, and under a PUD which
is 7,800 sq. foot minimum lot size. General discussion about making this
development a P.U.D. Chairman Coon said because it was not requested to be a
Gene Viterelli representing
Tavco Properties, which is the developer plans or financing would fall
through, and he would sell this property to someone else, would that allow
the new property owner to have mobile homes, or would that new zoning allow
them to give them that right or would they have to get it approved again?
Phillip Yokley of 655 S.
McCandless, complimented the Commission for listening to repetitive
questions, and for asking some very important questions that the public had
not thought of. Also complimented Mr. McFadden because he had a very good
presentation this time. In addition, Mr. Yokley asked whether the covenant
includes the landscaping. Chairman Coon said yes. Also said he was concerned
about the traffic and safety in the area between 6:00 & 8:00 a.m. when
trying to cross Kellogg on McCandless.
Bob Kaplan returned to speak
to restate Mr. McFadden's willingness to comply with conditions imposed by
the City of Andover and that they will remain regardless of who the
owner is. Mr. Kaplan stated
further, that they are committing to only UBC homes, not HUD or mobile homes.
This will be done by platting restrictions, covenant, or private recorded
treaty, anyway the city wants it done and in a document that is recorded and
enforceable. And will extend this only to the models shown.
Chairman Coon closed the public hearing at this
time. The Board has 17 factors and findings to be reviewed before making the
decision on the zoning request.