ANDOVER CITY PLANNING COMMISSION /

BOARD OF ZONING APPEALS

May 17, 2005

Minutes

The Andover City Planning Commission met for a regular meeting on Tuesday, May 17, 2005 at 909 N. Andover Road in the Andover Civic Center.  Chairman Clark Nelson called the meeting to order at 7:00 p.m.  Commission Members present were Lynn Heath, Jan Cox, Ron Roberts, Quentin Coon, and Charlotte Bass.  Others in attendance were Zoning Administrator Les Mangus, Administrative Secretary Deborah Carroll, and City Clerk/Administrator Jeff Bridges and City Council Liaison Caroline Hale.  Commission Member David Martine and Jeff Syrios were absent.

Call to Order

Review the minutes of the April 19, 2005 Planning Commission meeting.

Charlotte Bass made a motion to approve the minutes as presented. Lynn Heath seconded the motion. Motion carried 6/0.

Review the minutes of the Apr. 19, 2005 Planning Commission meeting.

Communications:

Review the City Council minutes from the April 12, 2005 and April 26, 2005 meetings. The minutes were received and filed.

Review the minutes of the May 3, 2005 Site Plan Review Committee Meeting. The minutes were received and filed.

Review the minutes of the May 10, 2005 Subdivision Committee meeting. The minutes were received and filed.

Review the Potential Residential Development Lot Report.

Communications:

Election of Planning Commission Officers.

Lynn Heath made a motion to nominate Clark Nelson as Chairman of the Planning Commission. Charlotte Bass seconded the motion. Motion carried 6/0.

Lynn Heath made a motion to nominate Quentin Coon as Vice-Chairman of the Planning Commission. Charlotte Bass seconded the motion. Motion carried 6/0.

Ron Roberts made a motion to nominate Jan Cox as Secretary of the Planning Commission. Charlotte Bass seconded the motion. Motion carried 6/0.

Clark Nelson welcomed Caroline Hale as the new Andover City Council Liaison to the Planning Commission.

There was discussion about election of officers for the Subdivision Committee. The Planning Commission deferred the issue until the full board is present.

Election of Planning Commission Officers.

SU-2005-01: Public Hearing on an application for Special Use to establish a Tae Kwan Do Training School in the B-2 Neighborhood Business District located at 1027 N. Andover Road.

Les Mangus said this application arises out of the style of our Zoning Regulations which are permissively written. Les explained the other uses allowed in the B-2 district. He said the applicant is wanting to open this business in a tenant space in an existing strip center.

David Perreault of 14021 W. Lockmoor Circle in Wichita and applicant presented his special use request. He explained that he and his wife will be the instructors for the school. The tenant space is approximately a 1,200 square foot space.

Clark Nelson asked David Perreault if he already owns a school. David said this is a new start up school after previously owning and operating 2 schools in Okinawa, Japan which were very successful.

Clark Nelson asked Les Mangus if he approved of this application. Les said he does recommend approval subject to required parking to match the change of use. There is existing adequate parking for the tenant spaces, but if there is any change in the future, the parking requirement will have to be reviewed for compliance.

There was discussion about this special use because it applies to the entire property, not just the 1,200 square foot tenant space. Les explained the 2 existing professional offices only use minimal parking spaces compared to the Tae Kwan Do School which requires more.

David Perreault said the only time the school would require additional parking is on Saturdays when testing is done. There is additional parking space available at the rear of the property at the old church. These classes will normally be held in the evenings when the other 2 tenants are closed.

Lynn Heath asked about hours of operation because B-2 zoning only allows businesses be open until 11:00 p.m. David Perreault said he and his wife plan to be home by 8:30 p.m.

Ron Roberts asked about the maximum number of students expected. David Perreault said he can only fit 25 to 30 students in the space. He said if the class size grows beyond that number, they will open more class times. Ron said his concern was about the quantity of vehicles traveling in and out of this parking lot. David said it would be proportionate to the number of students enrolled.

Charlotte Bass asked if the noise from this class would be a nuisance to the neighbors. David Perreault said there is some music and yelling in the class, but not enough to bother the neighborhood, and it won’t be happening while the other tenants are open.

Hearing no further comment from the public, Chairman Nelson declared the Public Hearing closed and began to review the 17 factors and findings.

SU-2005-01: Tae Kwan Do Training School

1027 N. Andover Road

Having considered the evidence at the hearing and the factors to evaluate the special use application, I Quentin Coon, move that we recommend to the Governing Body that Case No. SU-2005-01 be approved to change the zoning district classification to allow the Special Use to establish a Tae Kwan Do Training School in the B-2 Neighborhood Business District based on the findings 10, 11, and 13 of the Planning Commission as recorded in the summary of this hearing. Motion seconded by Jan Cox. Motion carried 6/0.

Les Mangus stated this will be heard by the City Council on June 14, 2005 for final approval.

Z-2005-03: Public hearing on the proposed amendments to the Decker/Kiser Preliminary Planned Unit Development Plan, located at the Northwest corner of Andover Road & 21^st Street.

Clark Nelson said the next agenda item will be consideration of a smaller portion of this PUD with an amendment to the Final Plat.

Clark said this applicant wants to simplify the parcels of land by combining the lots with the same zoning because this development has the potential of 1,000 dwelling units at completion. Clark said the Subdivision Committee has reviewed this amendment and was unable to agree on certain points. Clark asked Les to explain the application.

Les said this is a difficult case to follow the history. The original PUD was formed in 2000, an amendment was requested to convert some business and multi-family residential lots into single-family residential parcels, an amendment to allow medical uses and a hospital on 2 parcels, and tonight to combine all the residential parcels in the east 200 acres into 1 parcel. This will simplify the task of density computations. He said the other request is to vary the lots sizes within the residential parcel 4 with a minimum lot size of 8,500 square feet vs. the existing 10,000 square feet. Other issues of concern are the widths of streets and right-of-ways, and collector street layout.

Jason Gish of MKEC Engineering represented the owner/ developer in this case and began to review staff comments. Jason submitted additional documents to the Commission and to adjacent homeowners in the audience.

Review of comments:

1.      Correct General Provision #2 (6 access openings onto Parcels 1, 2, & 3) – Jason said this will be corrected to show there will be 8 openings.

2.      Correct permitted use text for Parcels 5, 6, & 7. Jason said that will be taken care of. Brian Lindebak from MKEC said the developer is in agreement with staff comments.

3.      Provide preliminary drainage plan. Jason said this has been submitted. Clark Nelson said a copy of the drainage plan was delivered to the Commissioners on Monday evening.

4.      Provide preliminary sidewalk location plan. Jason said that has been submitted.

5.      Provide traffic calming methods for long uninterrupted streets. Jason said there are entry points off of arterial streets, 1 at Andover Road and 1 on 21^st Street. He said in-between those 2 points he has proposed a 60’ right-of –way with a 29’ back to back street. There are no lots along this street with direct driveway access and there would be no parking allowed along this street. He feels this would be an acceptable traffic calming design.

There was general discussion about traffic calming concepts, effectiveness, cost to the developer, and effect on the neighborhood.

Jason Gish said that on the eastern and northern area of Parcel 4, the developer proposes a mixture of lot sizes. Jason said only 3% of the lots in this subdivision will be below the 10,000 square foot minimum lot size. 97% of the lots are larger than 10,000 square feet. Clark Nelson explained that if this application is approved as requested, would permit 8,500 square foot lots in every single lot on the application. Clark would prefer some limitation would be placed on the total number of small lots allowed. There was continued discussion.

Les said that on Parcel 4, the text of the General Provisions states the maximum total number of lots allowed is 340. He said 300 lots at 8,500 square feet would create 50% open space which would not be profitable for the developer. The plan as it is shown is 311 lots. Lynn Heath said he is comfortable with the protection provided in the General Provisions and does not think an amount or percentage of small lots is necessary. Les said the average lot size shown is 13,989 square feet and even if it varied by 10% the lots would still be over 12,000+ square feet. Les said the objective of the developer is to offer a variety of lot sizes to the consumers. Les suggested having the Planning Commission designate a minimum average lot size.

Clark Nelson asked if anyone had a concern about the sidewalk locations. Ron Roberts said the 8’ sidewalk on the northwest quadrant needs to be on the north side of the street instead of the south to avoid pedestrians having to cross a collector street.

Les said Parcel #14 is zoned R-3 Multi-Family & allows 2, 3, & 4 family dwellings and is limited to a maximum of 78 dwelling units.

Clark Nelson said the drainage plan needs to be discussed and asked Jason if this property will drain from the northwest to the southeast. Jason said there is a ridge line on the north which directs the north 25% of the property drainage from that point to the north. Property south of that ridge line will drain to the southeast. Jason said there are several large detention ponds designed to catch the water from the residential area as well as controlling the impact from the commercial area. Jason said box structures will be used as drainage control.

Quentin Coon asked what happens with the water running to the south. Jason said the water will be released into the structure that crosses under Andover Road. Les said that during the review of this drainage plan with the City Engineer, the plan was found to be incomplete. He said areas of concern are: 1. the area north of 21^st Street at the half-mile line with an area of drainage routed to the southwest and states the flow would be reduced, but no method was documented. 2. What happens with the water if a 100-year storm is exceeded? 3.   Capacity of existing box culvert at 21^st and Andover Road. Les said this drainage report uses the FAA method of calculation of impervious area and he suggested they use SCS Lag method to calculate the amount of developed area. This created a +/-20% difference. Jason said they design overcompensation for drainage in other areas where a pond cannot be built. Jason further explained that on the Final PUD, minimum pad elevations on the homes are 3 feet above the 100-year storm level, and surface escape routes are built so that if the box culvert fails the water will spread out across streets and lawns before it goes into homeowner’s basements or front doors. Jason said FEMA only requires a 1-foot minimum pad elevation. Les said he wants all of that information documented in the final drainage report.

Les Mangus explained that the low opening if it is in a flood plain is the basement floor. The houses in this PUD won’t be in a flood plain, so the low opening is the view-out window, or walk out pit or surface.

Clark asked Jason about the letter of map revision (LOMR). Jason said modeling proof will have to be done for FEMA to have the existing flood plain map changed.

Quentin Coon was concerned where all the water would run off to from all the proposed parking lots in the commercial areas. Les Mangus said they have over compensated in the residential areas so that the sum total when it gets to the discharge area at 21^st Street & Andover Road does not exceed today’s conditions.

Lynn Heath said some parking lots are designed to hold water in the major storms.

Charlotte Bass asked who will monitor these drainage plans in the future to assure the community the designs are working. Jason said the Final drainage plan is the only instrument to document the design. Les said no one will be documenting the rate of flow, but the engineers must certify that the grade was built to the level it was shown on the plan. Clark Nelson said if these checks and balances are not done during construction, the issue will need to be worked out in a court of law.

Ron Roberts asked whose responsibility it is to maintain the culverts to assure they are not covered in weeds and debris. Les said that after January 1, 2006, the City of Andover will be required to comply with the Clean Water Act. City employees will be inspecting all the structures for pollution, maintenance, blockages, and etc. The home owners associations own the reserves where the lakes are and they are responsible for maintaining the grass growing along the banks. If the HOA’s fail to do their job, the city can step in and mow the grass and assess the work back to the record property owner’s property tax. Les said these ponds are retention/ detention areas. All the city cares about is that the detention ponds slow the water down.

Neeley Stotler of 2342 N. Andover Road said his property is already being flooded during heavy rains and he feels the development of this property would cause him further harm. He showed 2001 -2005 photos to the Planning Commission of previous water damage to his property and of the debris that is the result of the flooding.   He said the culvert by the college is full of sediment and weeds. He said he has complained to the City about the property running behind Countryside Pet Clinic and he said nothing has been done. He said this development will create more problems for the neighboring properties to the south. Mr. Stotler said his property is receiving drainage from both the field north of his as well as flowing from the west to the east from this Decker/Kiser property. He said he has a berm on the north side of his property.

Clark Nelson asked Mr. Stotler if he had a proposed solution. He said the City of Andover has failed for 8 years to control the problem beginning with the college culverts not being engineered properly. He said the water is backing up the hill. Mr. Stotler said the current level of drainage onto his property is unacceptable. Clark asked if he sees any problems with the engineer’s design for this Cornerstone Addition.

Jeff Bridges suggested Mr. Stotler contact the Butler County Engineer as this property is not within the Andover City limits and not city jurisdiction. Mr. Stotler said he has already done so.  

Neeley Stotler said the surrounding property owners were not notified about this hearing. Clark Nelson asked Les Mangus if the appropriate notices were sent out. Mr. Stotler said he has received some notices from the city that have been addressed to a previous owner. Les said the list of owners to be notified were provided by Kansas Secured Title who receive their information from the Butler County Register of Deeds. Les said he needs to contact the county to assure the information in their system is correct for all future correspondence. Mr. Stotler said he has a neighbor who would not have known about this hearing if he would not have told him. Clark Nelson said if property is being purchased on contract from the record property owner, all legal correspondence concerning the property must be sent to them, not the contractual buyer. Clark Nelson said the proper notifications about this hearing were sent and legal procedures were followed by the city. Les said the county shows the record property owner to be Robert B. Simpson for 2342 N. Andover Road. Lynn Heath said Robert Simpson lives north of Mr. Stotler and that Rod Buckley lives to his south at 2332 N. Andover Road. Les the law states that it is the applicant’s responsibility to obtain this ownership list for this reason, so the liability for this list is in the applicant’s hands, not the city’s. Les Mangus said he is glad Mr. Buckley is here tonight and that he did receive word of the Public Hearing.  Clark Nelson said the Planning Commission would do it’s best to address the issues of Mr. Stotler. Les said there is an error in the record but by Mr. Buckley attending the meeting tonight, the problem has just corrected itself. American Housing Trust is the record property owner of 2332 N. Andover Road where Mr. Buckley lives.

Rod Buckley of 2332 N. Andover Road said the drainage problem around the college needs to be fixed first before any further water is routed this direction. He said his property also floods during heavy rains. He said he is not qualified to decide if the design of the proposed drainage plan will be adequate to control flooding.

Clark Nelson said he appreciated both Mr. Buckley and Mr. Stotler’s comments. Clark asked Jason Gish to address the concern of these 2 gentlemen. Jason said he did not believe any drainage from the Cornerstone Addition would exacerbate the problems of these 2 homeowners with respect to the drainage. He said he could not design anything to improve the conditions of the complainants without added expense and liability to the developer. Jason said the evidence presented shows the drainage problems of the Buckley and Stotler properties are the result of existing issues on the east side of Andover Road. Mr. Stotler insisted the drainage is running across Andover Road from the west to the east.

Clark Nelson asked for the County Engineer and City Engineer to be consulted to help remedy the situation of the complainants. Les said he has communicated with Engineers and Mr. Stotler and has shown the problem is not the boxes at Andover Road or 21^st Street. He said the water would have to be over 10’ deep on 21^st Street to back up onto Mr. Stotler’s property and that has never happened. Les said the culverts on Mr. Stotler’s property are not large enough to accommodate the amount of water coming off the properties to the north. There continued to be disagreement between Mr. Stotler and staff about where the drainage problem is created. Clark Nelson said Mr. Stotler’s concerns have been made known to Planning Commission and Staff and he hopes something can happen in the future to relieve the issues of the Stotler’s. Clark Nelson stated the discussion will now be restricted to the bench.

Ron Roberts said he is still concerned about the long cul-de-sacs over 500’ long,

Z-2005-03: Public hearing on the proposed amendments to the Decker/Kiser Preliminary Planned Unit Development Plan, located at the Northwest corner of Andover Road & 21^st Street

Ron Roberts made a motion to recess the meeting at 9:25 p.m.  for a 5 minute break. Quentin Coon seconded the motion. Motion carried 6/0.

Recess

Chairman Clark Nelson called  the Planning Commission meeting  back to order at 9:30 p.m.

Chairman Nelson restated the final vote on the amendment to the Decker/Kiser PUD. He said Ron Roberts and Jan Cox voted in opposition.

Review the Revised Cornerstone First Addition Final Planned Unit Development Plan located at the northwest corner of Andover road & 21^st Street. Jason Gish from MKEC represented the owner/ developer. Jason showed the map of the proposed Phase 1. He explained Phase 1 is a separated area at the developer’s request for marketing reasons.

Jason Gish explained his plan to downsize the collector street just to the north of the multi-family parcel making the street width 29’ back to back to limit the speed along this street. There was discussion about narrowing streets as a method of traffic calming.

Clark Nelson asked Jason if he has addressed all of the staff comments. Jason went through them with the Commission.

ü      Minimum lot sizes and average density issues have been addressed earlier in this meeting.

ü      Jason said the boundary of the flood plain will be shown within reserves B & C on sheet 2 of the PUD. Les said this will be noted as a drainage easement.

ü      Jason said he will show the Andover Road & 21^st Street right-of-ways existing & new on the final plat.

ü      Jan Cox said the Planning Commission Chair is Clark Nelson, not Quentin Coon and needs to be changed on the plat.

ü      Jason said he will show the right-of-way connection to 21^st Street and Andover Roads. Les said this is about the text of the Final PUD saying that access to 21^st Street and Andover Road will be specifically limited to 1 each from this final platted area.

Lynn Heath asked about detention/retention of the southwest corner of this final plat being west of the final platted area and north of 21^st Street but it is not shown on the plat. Jason said intermediate means of water control will be provided during the construction of Phase 1. Les agreed with Lynn that every phase as it comes on line needs to have plans for drainage to not create further problems for existing areas.

Quentin Coon asked if the landscape buffer shown on the south edge of Phase 1 will be built with this phase. Jason said that will be done with the commercial area construction.

ü      Jason said he would provide minimum pad elevations where indicated along the drainage easement.

Lynn Heath asked for more information about traffic calming methods. Jason Gish said these developments are designed for reasonable people to control their speeds through the residential neighborhoods.

Jeff Bridges said the City Council is interested in traffic calming also.

Clark Nelson was concerned about approving a Final Plat subject to such a large number of conditions. Jeff Bridges said the City Council would also like to see the corrected Final Plat as approved by the Planning Commission. Les Mangus said the roll of the Planning Commission is to approve of this plat, and the City Council’s only job is to accept/reject the dedications on that plat. Les said the City Council cannot hear the amendments to the Preliminary PUD until June 14, 2005 to allow for the 2 week petition period.

Clark Nelson asked the developer if he objected to bringing the Planning Commission a corrected plan before going to City Council. Jason said he will answer all of Planning Commission’s concerns tonight and have them corrected on the final plat for City Council approval on June 14^th and that the developer does not want to wait any longer before beginning construction.

Jason said he does not want any medians built on arterial streets because they get run into. He said it is more effective to downsize the streets instead. Les said the proposal is to downsize the right-of-way and make it a no parking area along both sides of the street. Lynn Heath proposed additional cross walks.

Les said some sort of agreement could be met with the developer regarding these areas of concern before the Final Plat reaches the City Council. Les is concerned that his perception of acceptable solution is different than that of the Planning Commission. The Planning Commission said they would be clear about their concerns and Les could take direction from the minutes of this meeting. Chairman Nelson said so far they would like to see:

Ø      Intermediate drainage control for the southerly portion of Phase 1.

Ø      Access control into the text of the plat.

Ø      Width of the access into the residential collector streets

Ø      Sidewalk locations.

Ø      Traffic calming locations & methods.

Ø      Add the Andover Road access into the text.

Clark Nelson said the concerns of the Planning Commission are minor design issues that are better served by staff.

Jan Cox asked that in the area the collector street is to be squeezed down as a traffic calming method, if only the paving be narrowed and to leave the right-of-way alone. Les and Jason said they have no objections to this method. Jan said this is for future development in the event the street would need to be widened. Ron Roberts said this would provide for additional landscaping area for the calming effect along the roadway. There was discussion about utility easement and right-of-way.

Les Mangus said the additional right-of –way could be designated a reserve strip. Jason said this will be an unfair expense to the developer and eventually the homeowner. Jason said the reserve areas are built into the front end of the phase for aesthetic reasons.

Jason said the centerline of the street would remain as it is shown and the additional right-of-way would be added on both sides of the streets to the affected property owners.

Hearing no further public comment, Clark Nelson brought the discussion back to the bench.

Lynn Heath made a motion to approve the Final Plat for Cornerstone First Addition Phase 1, located at the northwest corner of 21^st Street and Andover Road with the following conditions:

1.      Intermediate drainage control of the west side of the south section of Phase 1

2.      Satisfaction of all of staff comments as shown on pgs. 4 and 5 of the checklist for the Final Plat

3.      Width of street right-of-way for the residential collector streets

4.      Additional traffic calming methods implemented

5.      Have a narrower pavement width but allowing the right-of-way to remain the same.

Charlotte Bass seconded the motion. During discussion, Les said a utility conference could be called for this project to assign all the utilities their space for construction.

Lynn Heath amended his motion to include the utility assignment. Charlotte Bass seconded the amended motion. Motion carried 6/0.

Cornerstone First Addition Final Planned Unit Development Plan

Review the Final Planned Unit Development Plan of the Cornerstone Medical Addition located on the North side of 21^st Street East of 159^th Street. Rob Hartman of Professional Engineering Consultants represented the applicant on this project. He said this is the Final Plat for the hospital site and is a portion of Parcels 5 and 6 of the Cornerstone Preliminary PUD. He said this Lot 1 will be the hospital site and is about 12 acres in size. Lot 2 is for the future medical office buildings. He said all staff issues have been addressed from the checklist. He said the street name of Cornerstone Parkway would be renamed to Keystone Parkway to avoid confusion with the residential street name. He said 3 access points are noted on Keystone Parkway, and access control on 21^st Street, 1 opening to lot 1 and will line up with Quail Crossing Street to the south, so the opening will be limited to 100’ width, 147’ of complete access control on the west edge of lot 1, 1 opening proposed for the medical office building and will be on lot 2. He said the parcel descriptions have been clarified. He said the developer will petition for the Keystone collector street, sanitary sewer, water that will extend from 21^st Street to the north edge of the plat, left turn and deceleration lane on 21^st Street as well as a storm water drain detention pond that will be on an easement just east of Keystone Parkway.

Rob Hartman said there was an issue at the Subdivision Committee meeting about the street width on 21^st Street with the turning lane to expand to 60’ of right-of-way. Rob said the owner objected to the landscaping plan and a compromise is a 20’ sidewalk easement in lieu of the 10’ of street  dedication which will allow the 10’ sidewalk and the proposed 5 lane street on 21^st.

Rob Hartman said SBC had requested an easement between lots 1 & 2. Rob has contacted SBC and explained the medical office building would be connected to the hospital, SBC agreed to retract the original request.

Les Mangus said Subdivision Committee was concerned about cross-lot circulation between these 2 lots and the 1 to the west. Les asked about the covenants that were mentioned to address this. Rob said the plan is to put all the commercial properties in a common maintenance, access, coordination covenant that permits cross-lot drainage, access, and maintenance of all common areas. He said this will be submitted before the plat is filed. Rob Hartman offered to add text to the Final Plat General Provisions “that there will be cross-lot circulation”. Les agreed with this.

Lynn Heath was concerned about this drainage plan working in coordination with that of the residential plat. Rob Hartman said there will be a detention pond built on the east edge of the medical center site that will take care of all the drainage of the development.

Quentin Coon asked why a reserve area is not shown east of Keystone Parkway on the plan for construction of the pond. Les said this could be taken care of by separate instrument. Rob said they will dedicate a drainage easement and then during the final platting of that site they will show the reserve at that time.

Quentin continued to be concerned about drainage ponds not being shown on the Final Plat. Les said they are described in the drainage plan and are shown on the site plan. Les said the detention pond that does not show on this concept is going to belong in its entirety to the hospital site and will be their sole responsibility to maintain it. Rob said that even if the drainage ponds on the north side of the medical center plat were never built, the one on the southeast side would be adequate to handle it. Les said he is comfortable with the presentation of required information by Rob Hartman.

There was discussion about the left turn and deceleration lanes on 21^st.  Rob said the north side of the road will have to be widened and re-striped by 10’ to accommodate these special lanes. Les said that when improvements are designed for 21^st Street, the needs will be considered for this development only compared to today to decide if any changes are necessary at all. The developer will have petitions in the developer’s agreement that will bind him to the cost of the left turn lane and the deceleration lanes. Les said the long term plan for 21^st is to have it be 5 lanes  with a turning lane in the center. Les does not think that with the hospital site traffic alone those improvements would be warranted.

Lynn Heath made a motion to approve the Final Plat for Cornerstone Medical Addition with the following conditions:

o       Covenant/General Provision test to allow cross-lot drainage and access

o       Identify a reserve to the east of Keystone Parkway for the water retention.

Ron Roberts seconded the motion. Motion carried 6/0.

Final Planned Unit Development Plan of the Cornerstone Medical Addition

Review the Final Planned Unit Development Plan of Flint Hills National Addition Phase 5. Jason Gish of MKEC represented the applicant and provided a background of this development and a color site plan to the members.

Jason said he is proposing a street name for the south cul-de-sac of Blue Sage and Goldenrod Court would be changed to Quail Ridge Court.

Les said corrections need to be made on the plat for Clark Nelson as Chairman and correct Phase 4 to Phase 5. Lynn Heath pointed out the errors on the Certificate of Survey, Owners Certificate, & on the Planning Commission Certificate & Mortgage Holder.

Les said he has received the final drainage plan and he has a few comments about it. They are about the methodology and missing information.

Les said he has received a copy of the restrictive covenants.

Les explained the need for the correction of the title to say this is replatting of a portion of Lot 1 Block 3 of the Flint Hills National Golf Course.

There was discussion about the north end of the plat showing the existing gate and drive for 20’ permanent emergency access control easement. Jason asked for permission to close the temporary emergency access control from Phase 4 as soon as these changes are built in Phase 5. They want to use it longer as a construction entrance. Les said this was shown on the Preliminary PUD.

Lynn Heath made a motion to approve the Final PUD Phase 5 for Flint Hills National Addition with the conditions of satisfaction of staff comments & the approval of street name of Quail Ridge Court.  Charlotte Bass seconded the motion. Motion carried 6/0.

Review the Final Planned Unit Development Plan of Flint Hills National Addition Phase 5.

Quentin Coon made a motion to recess the Planning Commission at 10:57 p.m.  and to convene the Board of Zoning Appeals. Lynn Heath seconded the motion. Motion carried 6/0.

BZA-V-2005-02: Public Hearing on an application for variance of 8 square feet from the required 72 square foot maximum limitation, the limitation of one entry monument per phase of development, and the maximum height of ten feet to allow construction of 2 entry monument signs (one each side of entrance) with a total sign surface area of 80 square feet, and a sign structure height of 13 feet on property zoned as the R-2 Single-Family Residential District located at the intersection of Harry Street & Logan Pass.

Jason Gish of MKEC representing the developer said this sign is for the Montana Hills Addition. Jason said that even though these signs are not in conformance with the regulations, he feels they will have no negative impact on the city. He explained the landscaping around the trees and admitted the signs are already 50% constructed already.

Les said for an entry monument, 2 square feet per lot of signage is allowed. The first phase of this subdivision is for 36 lots. The maximum size for an entry monument sign is 100 square feet and would have to have 50 lots in the first phase. The rules allow only 1 sign per phase.

Clark Nelson clarified this request for variance is for the total square feet of each sign, the total number of signs, and the height of the signs.

BZA-V-2005-02:

Lynn Heath made a motion to adjourn the Board of Zoning Appeals at 11:00 p.m.  and to reconvene the Planning Commission meeting. Ron Roberts seconded the motion. Motion carried 6/0.

Annual review of the Comprehensive Development Plan.

Quentin Coon made a motion to table this issue until the next meeting. Charlotte Bass seconded the motion. Motion carried 6/0.

Annual review of the Comp. Development Plan.

Member Items:

Ron Roberts asked Les about the language in item number 1 of the variance report being a stumbling block to the committee. Jan Cox said it asks the question of “action on behalf of the applicant”. Les said the only way to avoid this is to take no action.

Jeff Bridges stated the long range transportation plan is being updated for the Metropolitan Planning Organization and KDOT is not accepting Prairie Creek Road as a major arterial street due to a gap south of Central. They are designating this portion south of Central a “collector street” in their long range plan. He asked if the Planning Commission had a problem with that. Jeff said it is not a monetary issue for the city. Les said it is a definition difference of arterial and collector streets between the city and the feds. Les said Andover can continue to show Prairie Creek Road in our comprehensive plans as a future arterial street.

Member Items

Jan Cox made a motion to adjourn the meeting at 11:18 p.m. Quentin Coon seconded the motion. Motion carried 6/0.

Adjournment

Respectfully Submitted by

__________________________

Deborah Carroll

Administrative Secretary

Approved this 21^st day of June 2005 by the Andover City Planning Commission/ Board of Zoning Appeals, City of Andover.