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Review SP-2002-11 Revised Site Plan for Folger's
Gymnastics at 121 E. King Street. Garrett
Addison of Smith Construction Co. Inc., and owner Mark Folger were in
attendance to answer questions raised by the Site Plan Review Committee
Members. Mr. Addison reviewed items from the last meeting which include
increasing the size of the berm on the front of the building, change some of
the plantings, addition of one pole light in the parking lot, all of which
have been completed as asked. The one item not addressed was the sprinkler
system as it was neither planned for nor affordable by the owner. Mr. Addison
stated he had a meeting with the Gas Company that said they prefer they not
place anything permanent (trees or anything with a concrete base) within 15' of
the pipeline, but that they do not mind open areas. The Gas Company will have
a hold harmless agreement for Mark and Penny Folger to sign regarding the
berm and trees.
Larry Crouse arrived at 6:07 p.m.
Mark Folger addressed the Committee concerning the requirement
of a sprinkler system. Mr. Folger stated he and his wife have been watering
all the plants on the property by hand. He further stated this is a small
family-owned business that has compared the costs of equipment for the
children's classes to the cost of a sprinkler system, and they think the
money would be better spent on the kids and the equipment for their programs.
Mr. Folger further stated that the bus barn, the Suburban building, the
Andover Church of Christ at 816 N. Andover Road have not been required to
install sprinkler systems. He feels this is inconsistent treatment. He
promises to take care of the new trees, as replacing them would mean a major
personal expense.
Les Mangus had a question about the three hearty
hibiscus plants on the north side of the sidewalk adjacent to the pool. Mr.
Folger stated they were trying to match the ones on the west side, and the
reason for not planting a tree there was because of the pool. Mr. Folger
chose the hibiscus for the color, foliage, and said that it would not grow
above the height of the fence. Les Mangus is concerned about the 5' wide
sidewalk and planting hibiscus that grows 6-8 feet high and has a tendency to
spread out and might create a channel. Larry Crouse suggested the foliage be
cut back after it leafs out, it will make the plant sturdier, and it won't
get leggy, and won't get too high for the fence.
Mr. Crouse disagrees completely about the
requirement for installation of a sprinkler system and stated he will vote no
if the plan does not include it. There was general discussion about
consistency of requirements of sprinkler systems and about other decisions
made by the Site Plan Review Committee. Mr. Folger again asked the Committee
Members to be fair and consistent with their decision.
Garrett Addison compared Andover policies with those
of Wichita where he does other business, and he stated they have the same
requirements for maintenance of landscaping, but that if a hose bib is
installed, you are not required to install the complete sprinkler system for
approval. Mr. Addison asked the Committee to trust the business owner to
water the plantings as requested without the automated system.
Charley Lewis reminded Mr. Addison that the owner
purchased the building materials in question prior to receiving approval from
the Site Plan Review Committee. Chairman Allison stated that each project is
considered on its own merits, with unique location, character, and that this
project is in a high profile location with a lot of green space on the
corner.
Charley Lewis complimented Mark Folger on the plan
he submitted tonight and said it was wonderful and that she was impressed
that he has corrected everything as requested. Mr. Folger said he did not
believe the life span of the new trees would change if he was watering them
by hand or was using automatic sprinklers. Charley Lewis asked Mark Folger if
he has bid out the irrigation system. He said that he has only gotten
estimates on it.
Motion was made by Kevin Dreiling to accept the plan
as presented. Charles Malcom seconded the motion. Gary Israel asked if the
motion was to include the irrigation on all turf areas as stated on the plan.
Mr. Dreiling said that it does. Garrett Addison stated it was an error on his
employee's part to allow those terms on the plat and he did apologize for it.
Motion was amended by Kevin Dreiling to accept the
plan as presented without the irrigation system on all turf areas. Charles
Malcom seconded the motion. Motion fails 4-2. Members voting yes were Kevin
Dreiling and Charles Malcom. Members voting no were Charley Lewis, Larry
Crouse, Gary Israel, and Doug Allison.
Mark Folger continued to object that the Committee
is not being fair or consistent. Jeff Bridges asked if there was any aspect
of this plan that could be continued with until the irrigation issue is
settled. Chairman Allison stated the lighting could be completed. Mr. Bridges
stated that the applicant could appeal to the Planning Commission if they do
not agree with the decision. Garrett Addison said he wanted it stated clearly
in policy or ordinance the requirements for sprinkler systems and planting
selections so that developers would know up front the costs involved in
building in Andover. Jeff Bridges stated that the applicant is allowed to
interject their own preferences rather than requiring the property owners to
plant a certain number of trees per linear foot. Doug Allison said the Site
Plan Review Committee judgements are made upon plant adaptability to the
individual zone. Jeff Bridges stated the Planning Commission would hear the
case and judge whether or not the requirement of the Committee was
reasonable. Mr. Bridges further stated that an affirmative vote would be
necessary on the plan, which includes the sprinkler system for the Planning
Commission to judge its reasonableness.
Gary Israel made a motion to approve the application
with a sprinkler system. Charley Lewis seconded the motion Motion carried
5-1. Charles Malcom voted no. Yes votes were recorded of Charley Lewis, Gary
Israel, Larry Crouse, Kevin Dreiling, and Doug Allison.
Les Mangus explained the process for appeal of the
decision to the applicants
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