ANDOVER CITY PLANNING COMMISSION /

BOARD OF ZONING APPEALS

March 16, 2004

The Andover City Planning Commission met for a regular meeting on Tuesday, March 16, 2004 at 909 N. Andover Road in the Andover Civic Center. Chairman Quentin Coon called the meeting to order at 7:00 p.m. Commission Members present were Clark Nelson, Jeff Syrios, Charlotte Bass, Ron Roberts, Lynn Heath, and David Martine. Others in attendance were Zoning Administrator Les Mangus, Administrative Secretary Deborah Carroll, and City Clerk/Administrator Jeff Bridges and City Council Liaison Keith Zinn. Commission Member Jan Cox was absent.

Call to Order

Review the minutes of the February 17, 2004 Planning Commission meeting. Ron Roberts said on page 4, the word "complies" is misspelled.

Ron Roberts made a motion to approve the minutes as corrected. Lynn Heath seconded the motion. Motion carried 7/0.

Review the minutes of the February 17, 2004 Planning Commission meeting.

Review the City Council minutes from the February 10, 2004 and February 24, 2004 meetings. The minutes were received and filed.

Review the minutes of the March 2, 2004 Site Plan Review Committee Meeting. The minutes were received and filed.

Review the minutes of the March 10, 2004 Park Plan Committee. The minutes were received and filed.

Review the minutes of the March 4, 2004 Comprehensive Development Plan Committee meeting. Chairman Coon asked for the review of these minutes to be tabled until after the case on the agenda is heard.

Review the Potential Residential Development Lot Report.

Communications

Recommendation on Butler County Case No. RZ-04-05 zoning change from AG 40 to Commercial at 539 McCandless. Chairman Coon said this is the Travel Land location.

Les Mangus stated this application is another case due to Butler County changing it's zoning regulations so that all properties revert back to agriculture zoning. He said this property has already been through this process twice to obtain commercial zoning for an existing business. The owner wants to build a structure on the existing property, but can not obtain the permit because the property has reverted back to agriculture zoning. The owner wants to bring his existing business into compliance with the zoning regulations.

Clark Nelson asked if this property is in the City Limits of Andover. Les said it is adjacent to the city limits and is served by city sewer.

Les said he recommends this applicant be encouraged to annex this property into the City of Andover. Les said this property is between the Highlands Addition and a single-family dwelling that was annexed into the city 10 years ago adjacent to the Commercial Sunflower Addition. This property is adjacent to City property on both the west and the north.

Les said another similar case came before the Planning Commission a year ago and the recommendation then was for the County to approve their annexation into the city and be connected to City of Andover sewer and water service.

Les said the County's commercial zoning is similar in uses to City B-5 Highway Business District. This would be a special use in the B-5 District. The applicant's property currently is served with city sewer and Rural Water District #8 which serves the entire neighborhood along McCandless Street all the way to the half-mile line.

Clark Nelson asked about the owner's position on annexation. Les said he has not talked to the owner.

Les said the city council is considering the annexation of the Bicentennial Addition in the near future. Les recommended the Planning Commission require the property be annexed into the city limits.

Clark Nelson asked what zoning district this property would come into. Les said it would be annexed under the agriculture zone.

Les said he thinks the taxes are 15% higher in Andover than in Bruno Township. He said the City services they would receive would outweigh the cost.

Les said there are 2 choices for recommendations. 1. Recommend disapproval of the county zoning case and recommend the property be annexed into the city. At that time the owner would come before the City Planning Commission for a zoning case 2. Approve the commercial request and recommend they be annexed into the city.

Les said a point of consideration is that if these properties are annexed into the city and there is commercial development, they would have to appear before the Site Plan Review Committee and have their development plans reviewed not just the construction plans for building permits.

Clark Nelson said he wanted to hear the City Council's position from Liaison Keith Zinn. Keith Zinn said he has no comment at this time. Jeff Bridges said that in Keith's defense, if this comes to a unilateral annexation issue, it would be wise for Keith to refrain from comment right now because he would have to hear the case as a City Council member.

Clark Nelson made a motion to recommend disapproval of the zone change application at the Butler County level, and recommend the property owner seek annexation into the City of Andover. In that case, the owner will need to file an application with the Planning Commission for the zone change. Lynn Heath seconded the motion. Motion carried 7/0.

Butler County Case No. RZ-04-05 zoning change from AG 40 to Commercial -539 McCandless.

Quentin Coon asked for an update on the Comprehensive Development Plan committee. Les said the park portion of the Comprehensive Plan has received draft approval by their committee and that the first draft of the Comprehensive Plan will be available next week. Copies of the draft will be sent out to the Planning Commission, Site Plan Review Committee, Park Plan Committee, and City Council for their comments.

The draft document will also be open to the public at that time for their comments. Les hopes to be advertising for a public hearing before the Planning Commission at the April 20, 2004 meeting. At this point, the Planning Commission would approve the final document or recommend changes.

Clark Nelson said he appreciated Keith Zinn, Jeff Bridges, Les Mangus, and Deborah Carroll for their participation, expertise, and dedication to this most difficult project.

Quentin Coon questioned page 2 of the minutes "Land Use (F) goal "preserve good farmland and significant natural resources, control the conversion of good farmland into less efficient use of the land ". He said this could drive the way the Commission deals with subdivisions.

Les said we should do a better job of trying to work around the natural resources and they should not be destroyed just because we can. They should be integrated as open space at every chance possible. The greenspaces should be connected so they go from point A to B, not just a spot here and there. Try to keep development concentrated around the cities. The county has been working on this also. Les said this is "smart growth" to keep people around the services they need and that development should occur closer around the utilities so they expand outward from the core of the city.

Les said there are some areas in the city we need more detailed direction on in the Comprehensive Plan, in particular, along Andover Road and Main Street. A detailed plan is needed for this area, not allowing property to be randomly zoned, but have a more integrated plan. All these suggestions have been sent to the consultant who is implementing them into the plan with the draft ready in a week.

Les said that years ago, Ron Roberts suggested creating a zoning district specifically for the original town of Andover Area with limited business uses. Clark Nelson said he also appreciated David Martine's expertise and suggestions on the Comp Plan Committee.

Update of the Comp Plan Committee

Member Items: David Martine said he would like to see the Andover Stone entry monument sign installed. There was discussion about building it at Central & 159^th Street at Kutter's corner. Dr. Kutter has approved the placement there as long as it won't obstruct traffic, and won't increase maintenance on his own ground, and won't effect the road project or drainage.

David said he could donate some plant material to put around it. He said he did not know if the grade is okay or if a wall would have to be built.

There was general discussion about this being a 3-5 year old scout project that was not completed due to lack of money. Les said the plans show a brick & wrought iron stone monument sign. The City purchased the stone and it is being stored at the street shop.

Les said that discussions were held in both the Park Planning and Comprehensive Development Plan Committees about how to establish identity for Andover. Both groups said there needs to be some visible gateways to let people know when they are in Andover.

Jeff Bridges said it would cost $8,000 to resurrect the Central Avenue Monument Project of which there is not room in the current budget for. Jeff said the girl scouts were supposed to supply the iron, concrete, brick, block, and the labor to get it installed.

Les said this monument would be on the street right-of-way in front of Dr. Kutter's property. Les said that the plan that was drawn up and approved by the council involves brick columns, wrought iron fence, landscaping and lighting. Les said this is to set up on a brick base.

David Martine wondered if the plan could be changed. Les said the stone is 3' x 5' and the monument was to be 6' tall. Les said that there are paving bricks left over from the Andover Road project that could be used, but it is a matter of putting together the concrete base for the walls, the capstones, and hiring a mason.

In the beginning of the plan, Bob's Fence had donated the wrought iron, but it was never built because he needed the final dimensions. Jeff Syrios asked if the sign could be scaled down. Les said that at 40 m.p.h. the sign needs to be large enough to be noticed. He said that this sign also needs to be built to remain in character with the neighboring structures.

Jeff was concerned about Sedgwick County's upcoming construction of Central Avenue. Les said it should not harm the sign.

Les said he has never put a dollar estimate on the completion of this sign. David said he has several materials to donate to the project if the city has the brick, and he would get a price quote for hiring a mason to put it together. There was general discussion about service organizations in the area donating to this project. David Martine said he would ask the Rotary Club for a cash donation. Les said he would work with David to complete this project as soon as possible.

Ron Roberts said the County took action to start limited abandonment of the rail line. He said the Economic Development Director is very emphatic about the Rails to Trails instead of abandonment.

Les said that Bruno Township is working on the crossing at 13^th Street right now removing the tracks and will cut the grade down for site distance, and later this summer, Butler County will install a new box culvert under the road.

Les said the Rails to Trails is an expensive program. Les said there are a lot of funding opportunities available. He suggested they pursue the TEA-21 Grant Program for walk/ bike paths, but that is 75/25 financing.

Ron Roberts said that as an adjacent landowner, he is not in favor of this project. Les said that he and David Martine are also adjacent owners. Les said he is in favor of it being done right, but he understands that doing it correctly is more expensive. There was general discussion about the traffic on the path as well as care of the grass, repair of the sidewalk, and etc.

Les said that Sedgwick County has a developed trail plan that they stick to closely, that the BNSF right-of-way is not included in the trail plan.

Member Items

Lynn Heath made a motion to adjourn the meeting at 7:40 p.m. Charlotte Bass seconded the motion. Keith Zinn said that Charley Lewis name was not included in the minutes of the Park Planning Committee. Motion carried 7/0.

Adjournment

Respectfully Submitted by

Deborah Carroll

Administrative Secretary

Approved this 20^th day of April 2004 by the Andover City Planning Commission/ Board of Zoning Appeals, City of Andover.