ANDOVER CITY PLANNING COMMISSION /
BOARD OF ZONING APPEALS
February
20, 2007
Minutes
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The Andover City Planning Commission met for a
regular meeting on Tuesday, February 20, 2007 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 Jan Cox, Byron Stout, Lynn Heath, and JR.
Jessen. Others in attendance were City Council Liaison Member Caroline Hale, Director of Public Works and Community Development Les Mangus, Administrative
Secretary Deborah Carroll and Clerk/Administrator Jeff Bridges. Absent- David Martine and Jeff Syrios.
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Call to order
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Review the minutes of the regular January 16, 2007
Planning Commission meeting. A
correction was noted on the bottom of page 9 where Ray Jessen in opposition
to the motion should state Jeff Syrios in opposition.
Lynn Heath made a
motion to approve the minutes as corrected. JR Jessen seconded the motion.
Motion carried 5/0.
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Review the minutes of the
regular January 16, 2007 PC mtg.
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Communications:
Review the City Council
minutes from the January 30, 2007 meeting. The minutes were received and
filed.
Review the minutes of the February
6, 2007 Site Plan Review Committee Meeting. The minutes were received and
filed.
Review the minutes of the February
13, 2007 Subdivision Committee Meeting. The minutes were received and
filed.
Lynn Heath asked for someone
else to volunteer for this committee. Byron Stout said he would serve.
Review the Potential Residential Development Lot Report.
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Communications
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Z-2007-01:
Public Hearing on the proposed Amendment #4 to the Amended Cornerstone
Preliminary Planned Unit Development Plan to make the following changes:
1.
Change of zoning district
classification of Parcel 2 from the B-2 Neighborhood Business District to the
B-3 Central Shopping District and to combine Parcels 1 and 2 of the
Cornerstone Addition PUD.
2.
Change of zoning district
classification of a portion of Parcel 4 from the R-2 Single Family
Residential District to the B-3 Central Shopping District, and to combine
said parcel in Parcel 1.
General location: 10.5 acres
on the north side of 21st Street between Cornerstone Parkway and Andover Road.
From Les Mangus Memo: The proposed Amendment #4 to
the Cornerstone Preliminary PUD rezones Parcel 2 from B-2 to B-3 and a small
portion of Parcel 4 from R-2 to B-3 to reconfigure Parcel 1 into one 40 acre
B-3 shopping center parcel. The proposed parcel would be bordered by
reserves, a city park, and other business parcels in the proposed
configuration. Staff supports the amendment as proposed.
Chairman Coon stated notices
have been sent to surrounding property owners on January 18, 2007. He asked
Les Mangus for further information about this application.
Les explained this property
at 21st and Andover Road is already zoned B-3 Central Business.
The exception tract is where the Ritchie temporary sales office is for the
Cornerstone Residential Development and is currently zoned B-3. Across Cornerstone Parkway is another piece of land owned by Ritchie zoned B-3. What this applicant
is asking is the remainder which was B-2 to be changed to B-3 and there was a
strip of land that was inadvertently transferred to the commercial owners
that was residential, and it was not platted as a part of the Cornerstone 1st
Addition Residential Reserve. This is a housekeeping item between owners to
get the tract that belongs to these owners to business zoning.
Chairman Coon asked the
applicant to approach the podium. Rob Hartman of PEC Engineering represented
the applicant and presented the final plan. Rob explained this application
was designed to make the development fit together. He said the applicant is
planning a major shopping center, and Rob showed the concept plan. The filed
plat shows the pad sites along 21st Street. The natural drainage
flow was explained to the Commissioners.
Byron Stout asked about the
number of entrances onto 21st and Andover Road. Rob Hartman said the entrances will be at least 200’ apart. There was continued discussion about
future 4 lane divided 21st Street with landscaped medians and
controlled left turn lanes. The majority of the accesses would be right-in,
right-out.
Chairman Coon asked if there
were any other questions from the bench or from the public.
Mary Lou Beskett of 2208
Gilmore she asked how far the plan goes to build 21st Street into
4 lanes. Les said the concept is from Andover Road west to K-96. The Sedgwick County project is 5 lanes continuous to begin in 2008. The City of Andover portion of this project will be funded in 2008 or 2009.
Hearing no further comments
from the public, Chairman Coon closed the Public Hearing at 7:12 p.m. and
began review of the Rezoning Report.
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Z-2007-01:
Public Hearing on the proposed Amendment
#4 to the Amended Cornerstone Preliminary Planned Unit Development Plan
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ANDOVER CITY PLANNING
COMMISSION
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Agenda Item No. 5
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REZONING REPORT
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CASE NUMBER:
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Z-2007-01
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APPLICANT/AGENT:
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Cornerstone Capital Group,
LLC/ PEC
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REQUEST:
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Amend the Cornerstone
Preliminary PUD to change Parcel 2 from B-2 to B-3 and a portion of Parcel 4
from R-2 to B-3.
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CASE HISTORY:
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LOCATION:
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North side of 21st Street between Andover Road & Cornerstone Parkway.
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SITE SIZE:
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460’ x 1,000’ = +/- 10.5
acres
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PROPOSED USE:
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Combine Parcels 1 & 2
for an integrated shopping center.
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ADJACENT ZONING AND
EXISTING LAND USE:
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North:
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R-2: Cornerstone PUD-
Landscaping reserve and City Park.
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South:
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R-4: Peace Lutheran Church & Life Care Center nursing home.
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East:
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B-3 Cornerstone PUD- vacant
Parcel 1.
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West:
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B-3 Cornerstone PUD- Ritchie
Development temporary sales office.
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Background Information:
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* 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 as
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)
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H.
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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:
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FACTORS AND
FINDINGS:
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YES
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NO
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1.
What is the character of
the subject property and in the surrounding neighborhood in relation to
existing uses and their condition?
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STAFF:
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Shown above.
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PLANNING:
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Concur.
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COUNCIL:
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YES
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NO
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2.
What is the current zoning
of the subject property and that of the surrounding neighborhood in relation
to the requested zoning change?
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STAFF:
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Shown above.
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PLANNING:
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Concur.
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COUNCIL:
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YES
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NO
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3.
Is the length of time that
the subject property has remained undeveloped or vacant as zoned a factor in
the consideration?
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x
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STAFF:
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x
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PLANNING:
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COUNCIL:
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YES
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NO
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4.
Would the request correct
an error in the application of these regulations?
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x
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STAFF:
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x
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PLANNING:
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Les explained this corrects an error among property
owners.
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COUNCIL:
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YES
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NO
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5.
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?
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x
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STAFF:
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x
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PLANNING:
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COUNCIL:
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YES
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NO
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6.
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?
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x
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STAFF:
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x
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PLANNING:
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COUNCIL:
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YES
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NO
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7.
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?
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x
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STAFF:
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x
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PLANNING:
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COUNCIL:
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YES
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NO
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8.
Would a screening plan be
necessary for existing and/or potential uses of the subject property?
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x
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STAFF:
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x
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PLANNING:
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COUNCIL:
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YES
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NO
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9.
Is suitable vacant land or
buildings available or not available for development that currently has the
same zoning as is requested?
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x
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STAFF:
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x
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PLANNING:
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COUNCIL:
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YES
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NO
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10.
If the request is for
business or industrial uses, are such uses needed to provide more services or
employment opportunities?
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x
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STAFF:
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x
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PLANNING:
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COUNCIL:
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YES
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NO
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11.
Is the subject property
suitable for the uses in the current zoning to which it has been restricted?
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x
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STAFF:
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x
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PLANNING:
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COUNCIL:
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YES
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NO
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12.
To what extent would
removal of the restrictions, i.e., the approval of the zoning request
detrimentally affect other property in the neighborhood?
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x
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STAFF:
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No detriment.
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PLANNING:
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No detriment.
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COUNCIL:
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YES
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NO
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13.
Would the request be
consistent with the purpose of the zoning district classification and the
intent and purpose of these regulations?
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x
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STAFF:
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x
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PLANNING:
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COUNCIL:
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YES
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NO
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14.
Is the request in
conformance with the Comprehensive Plan and does it further enhance the
implementation of the Plan?
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x
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STAFF:
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x
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PLANNING:
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COUNCIL:
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YES
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NO
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15.
What is the support or
opposition to the request?
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STAFF:
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None at this time.
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PLANNING:
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None at this time.
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COUNCIL:
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YES
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NO
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16.
Is there any information or
are there recommendations on this request available from knowledgeable
persons which would be helpful in its evaluation?
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x
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STAFF:
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Approval as applied for.
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PLANNING:
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Quentin Coon said the Commissioners have seen the
proposal.
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COUNCIL:
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YES
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NO
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17.
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?
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STAFF:
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x
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PLANNING:
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COUNCIL:
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Having considered the evidence at the hearing and
the factors to evaluate the rezoning application, I Janice Cox, move that we
recommend to the Governing Body that Case No. Z-2007-01 be approved to
change the zoning district classification from the R-2 and B-2 Districts to
the B-3 District based on the findings 6, 10, 13, and 14 of the Planning
Commission as recorded in the summary of this hearing. Motion seconded by Lynn Heath. Motion carried 5/0.
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SU-2007-01: Public
Hearing on a Special Use requested to establish a Post-Secondary Education
Facility on property zoned as the I-1 Industrial District located on the
south side of East 13th between Andover Road and Southwest Prairie Creek Road.
This case was withdrawn by
the applicant.
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SU-2007-01:
Public Hearing on a Special Use – withdrawn by applicant.
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Z-2007-02: Public Hearing on the proposed change of
zoning district classification of 24.67 acres from the R-2 Single-Family
Residential District to the R-4 Multiple-Family Residential District; and
11.03 acres from the R-2 Single-Family Residential District to the B-3
Central Shopping District .
General location: Southeast
corner of 21st Street and Andover Road.
From Les Mangus Memo: This application
arises from the applicant’s recent purchase of the property from Butler Community College. The proposed zoning would create a +/- 11 acre strip of B-3
zoning along Andover Rd. and 21st St., and the remaining +/-24
acres in R-4 multi-family zoning. In
reviewing the application I calculated the maximum number of multiple family
dwelling units allowed on the gross area of the proposed 24.63 acre parcel
proposed for the R-4 Multiple Family Residential District. That total, based
on 3000 square feet per dwelling unit, yields 357 dwelling units. The applicant’s
agent has shared the concept plan for the property with me, which shows a net
building parcel of 16.2 acres, which in turn yields a maximum of 235 dwelling
units. This net total seems more in line with past approvals by the Planning
Commission. The developer is in agreement with the use of a Protective
Overlay with a limit of 235 dwelling units. Staff supports the application
with the Protective Overlay. Les explained the exhibits that were in the
Commissioner’s packets. He said today about 40% of the property is in the
flood plain. The engineers are planning to reduce the area of flood plain to
about 10 acres with the retention/detention system. There is very little drop
in elevation between 21st Street and where this stream intersects
the Kansas Turnpike.
JR Jessen asked if there was any concern
of flooding of the multi-family units with this proposed plan. Les said the
engineering standard would be the same, no matter what the planned use of the
property was.
Lynn Heath asked if the R-4 area was planned for 4-plexes. Les said the area is
proposed to construct apartments more in the lines of 8’s and 12’s.
Quentin Coon asked if proper
notification was given on this case. Les stated notices were published in the
Andover Journal on January 25th and mailed to surrounding
landowners on January 22nd.
Chairman Coon asked if any members
needed to disqualify themselves or if anyone had received any Ex-parte
communication. All members replied they had neither.
Chairman Coon asked the applicant to approach
the podium.
Rob Hartman of PEC Engineering represented the owners (Laham
Development) and explained the application. Rob said an extensive drainage
study would be done of the site to determine what minimum pads will need to
be. The detention pond is planned for the middle of the property. There are
lots of existing trees on the south side of the property in the flood plain
area which the owner is planning to maintain. Another tree row exists along
the east boundary of the property that will also be saved. 1 entrance is
planned off of 21st Street into the multi-family area and a 2nd
drive off of Andover Road. The commercial zoning is a +/-300 foot strip that
fronts Andover Road wrapping onto 21st Street. 3 entrances will be
provided along the west boundary. Retail business is planned for the Andover Road/ 21st Street frontages. The multi-family area is only a concept plan
at this time and the owner thinks this will be a good buffer from the
commercial corners to the residential properties to the east of this site.
Rob Hartman stated the number of dwelling units is being
restricted for the zoned property to that area reduced from 357 (gross area)
down to 235 (net area) with a Protective Overlay. Les said the concept shown
on the exhibit is for 225 dwelling units. This should be 3,000 square feet
per unit. Rob said he thinks the owner is planning 3 story buildings.
Byron Stout asked about the future plan for improvements of 21st Street going east to the Turnpike. Les stated the traffic counts east of Andover Road don’t warrant more than 2 lane traffic at this time. Les foresees future
improvements to this road due to the increased access points and the traffic
that would come out of this development. Discussion continued about the
effects of the Cornerstone addition on the northwest corner having an added
effect in this area. Les does not think it will be significant. Lining things
up along 21st Street from the west to the east is more critical.
Jeff Bridges stated today Andover has 8.5 million dollars worth
of projects that need to be built within the next 4 years, but only 4.5
million dollars to work with. The projects can only move ahead as funding
becomes available.
Jan Cox asked if the height limitation
of 45 feet would be for 2 or 3 story structures. Les said there is no
limitation on the number of stories. Les said it would likely accommodate 3
stories if the roofs were gabled. Flat roofs would make room for 4 stories
with the bottom floor being “garden apartments”. There was continued discussion
about limiting the maximum number of stories allowed. Les stated a Protective
Overlay could be implemented for this purpose. Les cautioned the members
about reduction of the number of dwelling units will increase the size of the
footprint of the building which in turn impacts the amount of green space
between the buildings. The application is for R-4 zoning, and after
discussion with the engineer and developer, they have agreed to put the
Protective Overlay on to limit the maximum number of dwelling units. The
exhibits are now showing plans for 3-story units.
There was continued discussion about the
existing R-4 zoned 2 story Cloudridge Apartments and 3 story Andover Crossing
Apartments.
Quentin Coon asked if there was anyone
from the public wishing to speak on this case.
Duane Starr of 2220 N. Grant Road was
concerned about the future traffic problem going east to Augusta along 21st Street if this application is approved as applied for. There was discussion
about residents of apartments and the amount of taxes they pay compared to
single-family home owners. Jeff Bridges explained rent pays for the property
and school taxes as well as the income taxes and sales taxes being a benefit
to the community through finance formulas. Rob Hartman said the apartment
plans are conceptual at this time. Jan Cox said the application is only for
a zoning change. Lynn Heath stated that is what the Protective Overlay is
designed for. Duane said apartments built on this site would reduce his
property value.
Anita Evans of 2211 N. Grant Road also
had traffic concerns. She said that many more cars traveling on 21st Street would be a hazard without improvements. She would like to see a plan
for the road to be improved prior to the development of this property.
Edward Clampitt of 2215 N. Gilmore Drive
asked if the major entrance onto 21st Street would be adjacent to Gillmore Drive. Les said the concept is for the north entrance to be +/-300 feet west of
Gilmore. He asked if there were any plans for stop lights at that area. Les
said not at this point. That could be decided at platting with the engineer.
There was discussion about traffic counts which do not warrant 4 lanes to the
turnpike at this time.
Mr. Clampitt asked when the development
of this property will begin. Rob said this is not definite time frame but the
developer of the northwest corner would like to start construction soon.
Mr. Clampitt asked about the tenant
types planned in the commercial area. Rob said the users would be similar to
the retail businesses along Andover Road, but nothing larger than the
existing Walgreens.
Mary Lou Beskett of 2208 N. Gilmore
Drive asked questions about the traffic survey process. Les stated the City
of Andover has the equipment to conduct its own survey. The information is
collected over a 24 hour period every 2-3 years in appropriate locations. She
anticipates accidents around this development and does not want to lose any
of her property for road right of way or easements. Les said no engineering
has been done in this area, but they try to make equal easements on both
sides of the roads. Ms. Beskett asked for a more current traffic survey to be
done. She was concerned about the number of vehicles being added to the
traffic flow if the tenants were primarily college students. She stated she
does not want to see 21st Street widened because it would cut into
her property.
Les Mangus said when road right-of-way
is taken; it is taken from both sides of the road.
Mary Beskett was also concerned about
people from Wichita renting these apartments for the sole purpose of
enrolling their children in the excellent Andover school system. Jeff Bridges said the State Legislature will not allow inequality to exist between different
types of residential property owners. Les stated multi-family property is
taxed as though it is commercial which is 2 ½ times the tax rate, which would
make a $40,000 apartment pays the same taxes as a $100,000 single-family
home. She said the more families with children that move into this
multi-family development would raise the taxes of the entire community to pay
for the additional schools that would be needed to keep up with the
population growth.
Chairman Coon stated all the concerns
heard tonight will be considered during the platting process.
Mary Beskett questioned the need for
this much additional apartments in the City of Andover. She did not see the
advantage of this multi-family housing in addition to the ones already
planned in the Cornerstone Addition.
Edward Clampitt asked if the neighborhood
would receive further personal notification of this case. Les stated zoning
is a process, not an event. There will be several occasions for this to be
heard by different boards and committees. This will be heard by the City
Council on March 13, 2007. After that if approved, the platting will be heard
by the Planning Commission. Notices will be published in the Andover Journal
Advocate, on Channel 7, and on the Andover web site. The public is encouraged
to watch for this address/location in the published notices if they are
interested in attending further hearings.
Chairman Coon closed the
Public Hearing at 8:33 p.m. and returned the discussion to the bench. Lynn Heath asked the members if they had any questions about the B-3 zoning. Hearing no comments,
the discussion began concerning the apartment application.
Quentin Coon said he would
like to see the apartment buildings spread out as much as possible. Rob Hartman stated the Cornerstone net acres are 12.4 in Parcel 7. Les said it is ½ of the size
of this development and Cornerstone has 161 units. Les said with the
Protective Overlay it nets out to be 10 units per acre. Cornerstone will be
just shy of 14 per acre.
Byron Stout was concerned
the development will be built and occupied before the traffic issues can be
resolved. Les stated that as well as city directed traffic studies in
appropriate areas, KDOT also shows up annually and measures traffic because Andover is in the Wichita Metropolitan Area Planning Organization. Discussion continued
about traffic counting methods and adjustment factors.
Les and Jeff continued to
remind the Commissioners that this is a zoning case only and platting issues
will be solved at a later date.
JR Jessen said he did not
believe he had enough information to make a decision on this case. Jan Cox
reminded the members of the use of the Protective Overlay limitations
available.
Les stated information from
the ITE who explains that the average single-family home generates 10 vehicle
trips per day. Apartments generate 6 trips per day each or only 60% of the
traffic flow. 235 dwelling units would generate 1410 trips per day. The
traffic engineers will tell you the peak hour is 10% of that which is 141
trips. If this property were developed as single-family at 3 dwelling units
per acre, it would produce 75 single-family dwellings at 10 trips or 750
trips per day or 75 in the peak hour. To keep this in perspective, there will
only be 65 trips during the peak hour difference between the apartments and
single-family homes. JR Jessen is concerned about 21st street
being a skinny 2 lane road.
Les said that at platting,
the Planning Commission will be discussing the accel and descel lanes. Once
the plat is approved, each of the dwelling units will pay, whether single or
multi-family dwelling, an arterial street impact fee that will go towards the
improvement of those roads to 4 or 5 lanes, whatever is necessary.
There was discussion about
the total number of units if 3 story dwellings were allowed compared to 2. Lynn Heath said that would decrease the green space. Jan Cox asked if the Protective Overlay
could reduce the total density of the development. Les said the density has
already been reduced from the 357 dwelling units allowed to the 235 as
requested. The calculations have all been done with the assumption of the
units being 3 story buildings with 4 units per level.
Les asked Rob Hartman if there was a height restriction placed on the Cornerstone apartments. Rob stated
they will be 45 feet high. Discussion continued about the Marketplace East
Addition and platting limitations placed on it. Les explained a 4-plex and
apartment at the maximum density between R-3 and R-4 zones, the numbers are
exactly the same. Lynn Heath said the decision needs to be made for allowed
dwelling units using the net area figure. 9 acres of this property is needed
for the detention/retention area.
Les suggested if a maximum
number of units is stated in the Protective Overlay.
There was general discussion
comparing this proposed development to existing sites in Andover. Les said
the majority of apartment complexes in Wichita are much larger than this one.
He said these would be 9.5 units per acre at 235 units total on 24.67 acres
(gross tract) as shown on the current plan. Byron Stout did not want Andover to be similar to Wichita, but he wants to plan for consistency throughout the town.
Les said the 10 acre adjacent property to the east has recently sold for
potential commercial development.
Caroline Hale asked if the
Planning Commission could restrict these structures to maximum of 2 stories. Jan
Cox said that would increase the footprint size of the buildings. She
suggested the Protective Overlay limiting both the maximum number of dwelling
units as well as to 2 story structures. Discussion continued about the
possible population of this development. JR Jessen was concerned if the
commercial area would screen the apartments appropriately.
Discussion continued whether
the City of Andover would support another area of R-4 zoning.
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Z-2007-02:
Public Hearing on the proposed change of zoning district classification of
24.67 acres from the R-2 Single-Family Residential District to the R-4
Multiple-Family Residential District; and 11.03 acres from the R-2
Single-Family Residential District to the B-3 Central Shopping District .
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ANDOVER CITY PLANNING
COMMISSION
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Agenda Item No. 7
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REZONING REPORT
*
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CASE NUMBER:
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Z-2007-02
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APPLICANT/AGENT:
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BC Partners LLC/ PEC
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REQUEST:
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R-2 to R-4 on 24.63 acres
R-2 to B-3 on 11.03 acres
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CASE HISTORY:
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Vacant land recently sold by Butler Community College to applicant.
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LOCATION:
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SE corner of 21st
and Andover Road.
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SITE SIZE:
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35.7 acres
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PROPOSED USE:
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Potential commercial/
multi-family development.
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ADJACENT ZONING AND
EXISTING LAND USE:
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North:
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B-3- BCC & storage facility
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South:
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R-2 vacant land & B-1
Countryside Pet Clinic
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East:
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Butler County RR- single family residence on +/- 10 acres.
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West:
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B-3 Presto Convenience Store,
Hanna Heating, Strip retail/ office building.
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Background Information:
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* 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 as
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)
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H.
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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:
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FACTORS AND
FINDINGS:
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YES
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NO
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1.
What is the character of
the subject property and in the surrounding neighborhood in relation to
existing uses and their condition?
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STAFF:
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Shown above.
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PLANNING:
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Shown above.
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COUNCIL:
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YES
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NO
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2.
What is the current zoning
of the subject property and that of the surrounding neighborhood in relation
to the requested zoning change?
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STAFF:
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Shown above.
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PLANNING:
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Shown above.
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COUNCIL:
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YES
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NO
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3. Is the length of time that the subject property has remained
undeveloped or vacant as zoned a factor in the consideration?
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x
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STAFF:
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BCC has owned the property for sometime with plans to
develop a satellite campus.
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x
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PLANNING:
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Les said there is
some Butler County Rural Resiential zoning adjacent to the college.
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COUNCIL:
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YES
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NO
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4.
Would the request correct
an error in the application of these regulations?
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x
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STAFF:
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x
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PLANNING:
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COUNCIL:
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YES
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NO
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5.
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?
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x
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STAFF:
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BCC sale of property and activity on the Cornerstone
PUD.
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x
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PLANNING:
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COUNCIL:
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YES
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NO
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6.
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?
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x
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STAFF:
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All exist or can be provided.
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x
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PLANNING:
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COUNCIL:
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YES
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NO
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7.
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?
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x
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STAFF:
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x
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PLANNING:
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COUNCIL:
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YES
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NO
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8.
Would a screening plan be
necessary for existing and/or potential uses of the subject property?
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x
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STAFF:
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x
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PLANNING:
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COUNCIL:
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YES
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NO
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9.
Is suitable vacant land or
buildings available or not available for development that currently has the
same zoning as is requested?
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x
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STAFF:
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B-3 & R-4 zoning parcels are available in the
Cornerstone PUD.
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x
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PLANNING:
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In the Cornerstone Addition.
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COUNCIL:
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YES
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NO
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10.
If the request is for
business or industrial uses, are such uses needed to provide more services or
employment opportunities?
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x
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STAFF:
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x
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PLANNING:
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COUNCIL:
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YES
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NO
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11.
Is the subject property
suitable for the uses in the current zoning to which it has been restricted?
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x
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STAFF:
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The site is large enough for a single family residential
development.
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x
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PLANNING:
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COUNCIL:
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YES
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NO
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12.
To what extent would
removal of the restrictions, i.e., the approval of the zoning request
detrimentally affect other property in the neighborhood?
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STAFF:
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Increased traffic, light, noise, etc.
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PLANNING:
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Mostly with traffic congestion.
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COUNCIL:
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YES
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NO
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13.
Would the request be
consistent with the purpose of the zoning district classification and the
intent and purpose of these regulations?
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x
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STAFF:
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x
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PLANNING:
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COUNCIL:
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YES
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NO
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14.
Is the request in
conformance with the Comprehensive Plan and does it further enhance the
implementation of the Plan?
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x
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STAFF:
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x
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PLANNING:
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Les stated the Comprehensive Plan mentions a potential
multi-family at or near the intersection of 21st and Andover Road. It is the only place in the plan that is mentioned specifically for
multi-family.
Byron Stout mentioned that the multi-family housing in
the Cornerstone Addition could apply as well. Les agreed.
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COUNCIL:
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YES
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NO
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15.
What is the support or
opposition to the request?
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STAFF:
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None at this time.
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PLANNING:
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Traffic, number of dwelling units, congestion, property
value.
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COUNCIL:
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YES
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NO
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16.
Is there any information or
are there recommendations on this request available from knowledgeable
persons which would be helpful in its evaluation?
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STAFF:
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PLANNING:
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Les said there were recommendations in his memo.
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COUNCIL:
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YES
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NO
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17.
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?
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STAFF:
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PLANNING:
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Jan Cox said she was not sure it would in the long term.
Quentin Coon agreed with her.
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COUNCIL:
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There was discussion about crafting the R-4
Protective Overlay. Les said that in terms of density the number of dwellings
for the given area has no difference between the R-3 and R-4 zoning, just
that the R-3 restricts to a 4-family dwelling and the R-4 is allowed multiple
dwellings. Lynn Heath said he is not concerned about the height of the
buildings. Lynn Heath asked for a roll call vote to see how many dwelling units
and stricture height the members wanted.
Byron Stout- limit of 2 stories
with maximum of 160 units.
JR Jessen- limit of 2 stories with maximum of
185 units.
Quentin Coon- limit of 3 stories with maximum of 225
units.
Jan Cox- limit of 2 stories with maximum of
160 units.
Lynn Heath- limit of 3 stories
with maximum of 225 units.
Caroline Hale asked if this
existing property is zoned R-3. Lynn Heath stated it is R-2 Single-Family
Residential and has been so for over 15 years. She said that makes this case
unique from the Cornerstone Addition and she doubts this applicants property
would be an area ideal for construction of single-family homes.
General discussion continued about the appropriate
maximum height that should be allowed for this structure.
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Having considered the evidence at the hearing and
the factors to evaluate the rezoning application, I Janice Cox, move that we
recommend to the Governing Body that Case No. Z-2007-02 be approved to
change the zoning district classification to include a Protective Overlay of
2 story apartment and 160 maximum dwelling units from the R-2 District to the
R-4 District based on the findings 6, 10, 13, and 14 of the Planning
Commission as recorded in the summary of this hearing Motion seconded by Byron Stout. Discussion continued and Jan Cox amended her motion to add that all the roofs be
gabled. Byron Stout seconded the amended motion. Jan Cox amended her motion
again to add “2 stories not to exceed 35 maximum structure heights. Motion
carried 3/2 with Lynn Heath and Quentin Coon in opposition.
Jan Cox stated this case will be heard by the
Governing Body on March 13, 2007.
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Chairman Coon made a motion for a 5 minute break at
9:02 p.m. Byron Stout seconded the motion. Motion carried 5/0.
Chairman Coon called the Planning Commission meeting
back to order at 9:12 p.m.
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Recess
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Review the Final Planned
Unit Development plan of the Cornerstone Shopping Addition.
From Les Mangus Memo. The proposed Final PUD
encompasses 40 acres of B-3 Central Shopping District zoning at the northwest
corner of 21st St. and Andover Rd. Most of the items of concern
from the Staff Checklist have been addressed, except the final drainage plan,
and cross lot access to the adjacent property on the west. The Subdivision
Committee has asked the applicant to provide pedestrian access from the
adjacent City Park and future multi-family residences.
Rob Hartman of PEC
Engineering representing the applicant presented the Parcel 1 of the
Cornerstone Planned Unit Development. He explained this will consist of 5
frontage lots and 2 larger back lots. 2 major entrances are planned off of 21st Street. Maximum of 5 access points off of 21st Street and 2 on Andover Road with minimum spacing of 200 feet between the drives. There will be cross lot
circulation on this site. The Ritchie exception property will have cross lot
access provided up to it, but cannot be completed without the replat from
Ritchie. There will be a north pedestrian access point provided between lots
1 and 2. A screening wall will also be build along the north line as well. Discussion
continued about the access points to this property. Rob said the drainage
will flow to the east and be contained on site into the detention pond. A
formal drainage plan will be submitted with the final plat. Rob stated a
Property Owners Association will be set up to manage the reserve areas.
Les stated the Site Plan Review Committee will have
the responsibility of approving sidewalks and access from the adjacent City Park on the north and future multi-family residences when the development of the
building sites as suggested by the Subdivision Committee.
Lynn Heath made a
motion to approve the final PUD pending submittal and approval of staff of a
final drainage plan. JR Jessen seconded the motion. Motion carried 5/0.
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Review
the Final Planned Unit Development plan of the Cornerstone Shopping Addition.
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Review the Sketch Plat of
the AMI Lane Addition.
From
Les Mangus memo: The proposed addition is +/- 135 ac. south and west of SW 130th St. and Andover Rd. The developer intends to submit an application for a Planned
Unit Development to take advantage of minimum lot sizes less than 10,000 sq.
ft., cul-de-sacs greater than 500 feet in length, and to utilize a 15 ft.
building setback on one side of corner lots. The southern boundary of the
tract abuts the south end of the Andover Planning Jurisdiction. Water and
sewer facilities are available for extension nearby, and the tract has access
to Andover Rd. at the southeast corner, and SW130th St. along the northern
boundary. A public park is planned within the development. With the unusual
shape of the tract, and the amount of land devoted to open space the gross
density is very low at 2.15 dwelling units per acre, with proposed lot widths
from 70-78ft., and lot depths of 125ft. This area is within the Rose Hill School District. A collector street is proposed to loop from SW130th St. to Andover Rd., and a future collector is provided to extend west into the adjoining property.
The plan appears to be very well thought out, with the combination of several
random parcels to create the whole. Staff supports the plan in general.
Kris Rose of Baughman Company was present as agent for the applicant. The plan is for 289 single-family lots,
and a 5-acre public park, a neighborhood pool will be built. There are no
lots designed to enter the collector streets. Kris said the owner would like
to make a Planned Unit Development on this property to request smaller
minimum lot sizes similar to the Prairie Creek Addition. There was discussion
about the long cul-de-sac on the east side running north on the plan. It is
715 feet long with 19 lots which since this plan is in the sketch phase is
adjustable. This property would be an island annexation with 289
single-family lots planned which will fall inside the Rose Hill school
district. None of the lots are facing collector streets, and a 5-acre park
will be deeded to the City of Andover. Jeff said the 5 acres would contain a
park with picnic benches and a multi-use field. Les said the park space would
remain flexible without fixed baseball or soccer facilities. General
discussion continued about the maintenance of the park.
Jeff Bridges stated since
this is an island, any extension of utilities or street paving that are
in-between the existing city limits and the development would have to be
borne out of pocket by the developer. Discussion continued.
Kris Rose asked the
Commissioners if they had any concerns about the lot sizes. Jan Cox said she
would rather see them be larger. Les said there are 30 permits in the
Cornerstone addition for similar size lots, and sold out the entire Caywood
subdivision which was a minimum 60 feet width.
There was discussion about
the existing drainage flow and the proposed ponds shown on the sketch plat.
Jan Cox said she would
rather see smaller single-family lots than multi-family housing on this
property.
Kris said the average lot
size in this development would be 10,000 square foot lots. Discussion
continued about fire safety along extensive cul-de-sacs. Les Mangus stated
Fire Code stated 30 lots along a cul-de-sac would require a second access.
Les said a 500’ cul-de-sac would net about 14- 16 lots.
No formal action was
taken on this sketch plat.
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Review
the Sketch Plat of the Ami Lane Addition.
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Nomination of two members of
the Planning Commission to serve on a committee to consider changes to the Andover Industrial Park. Jan Cox and Byron Stout volunteered to serve on this committee
Lynn Heath made a
motion to nominate Byron Stout and Janice Cox to the committee to study the
future of the Industrial Park along with City Council members Caroline Hale and Kevin Dreiling. Bill King and Elton Parsons will also represent the PAI group.
Quentin Coon seconded the motion. Motion carried 5/0.
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Member items. Byron Stout volunteered to serve on the Subdivision Committee
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Janice Cox made a motion to adjourn the meeting at 10:00
p.m. Byron Stout seconded the motion. Motion carried 5/0.
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Respectfully Submitted by
__________________________
Deborah Carroll
Administrative Secretary
Approved this 20th day of March 2007 by
the Andover City Planning Commission/ Board of Zoning Appeals, City of Andover.
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