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January 21, 2003


The Andover City Planning Commission met for a regular meeting on Tuesday, January 21, 2003 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, John McEachern, Ron Roberts, Charles Malcom, Lynn Heath, Dave Martine, and City Council Liaison Charley Lewis. Others in attendance were Zoning Administrator Les Mangus, Administrative Secretary Deborah Carroll, and City Clerk/Administrator Jeff Bridges.

Call to Order

Review the minutes of the December 17, 2002 Andover Planning Commission and Board of Zoning Appeals meeting. Lynn Heath stated on Page 29 the correction "Vote 5/1 to deny the application with Charles Malcom Clark Nelson opposed."

Motion by Charles Malcom to approve the minutes as corrected. Lynn Heath seconded the motion. Motion carried 7/0.

Review minutes of Dec. 17, 2002.

  • Review of Subdivision Committee minutes of January 14, 2003. Chairman Coon noted they are accepted as presented.
  • Review of the Site Plan Review Committee minutes of January 7, 2003. Chairman Coon noted they are accepted as presented.
  • Review of City Council meeting minutes of December 10, 2002, and December 30, 2002. Chairman Coon noted they are accepted as presented.
  • Review of the Potential Residential Development Report. Les Mangus stated 204 Single Family Residential Building Permits were issued in 2002.
  • Review of the Residential Bulk Regulations Survey of 19 surrounding communities. Les Mangus stated the average single family lot is 6,000 to 7,000 square foot for the smallest residential zone. Few are more restrictive than our regulations. Mr. Mangus suggested this be discussed later in the meeting. There was general discussion about this survey.


Larry K. Arbuckle hereby notifies the City that he abandons the Planned Unit Development for Hidden Hills, dated November 26, 1980, and request that the land covered thereby revert to the underlying zoning.

Les Mangus stated this is a 240-acre tract at the southeast corner of Harry and 159th Street. Frank Carney owned it in the late 70's. Mr. Carney filed the Planned Unit Development on the land in 1979, was ready to submit the final plan, when in 1980 FEMA released it's first Floodplain Maps for Butler County. 75% of this 240 acres fell within the Floodplain, followed by the owner abandoning the plan. This is a matter of housekeeping to get this PUD off the books so it does not hang out there as a restriction to the land. This land is and always has been used as a farm. There will be an ordinance from the City Council that will repeal the Planned Unit Development. The owner wants it to revert back to Agricultural zoning. In 1980 all land that came into the City of Andover came with R-1 Single Family Zoning so it will revert back to that. Mr. Mangus expects to see a case in the future from the owner asking to down zone it to Agriculture.

There was general discussion about this case. Les Mangus said any comments about this need to be given to the City Council.

Abandon PUD for Hidden Hills

Review the Final Plat for Sunflower Estates Commercial Addition. Kenny Hill of Poe and Associates representing the applicant stated this is the First Phase Final Plat of the Commercial Area just south of Kellogg. Mr. Hill said Westar and Southwestern Bell request more easements have contacted him and the changes requested by staff have been made.

The McFadden's did not own the lot in the southeast corner at the time of the zone change but they do now. The request for the zoning change to be the same as the other lots in the plan will be on the next meeting agenda. A 10' easement has been placed on the west line of Lot 1, a 10' easement parallel to the highway. A 20' easement across Bridget Lane from the highway to the south line of the plat. Made the setback along the west side of Bridget Lane a 35' building setback instead of 25' the way it was submitted. And made a 20' utility easement between Lots 4 & 5 of Block 3 a drainage and utility easement.

John McEachern asked if this conforms with the Highway Corridor project- 100' from the center line of Highway 54, with 200' total. Les Mangus stated on the south side it would be 150' from the centerline, and the building setback line is 85'.

Lynn Heath asked if this would be using the reverse frontage road. Mr. Mangus said it would.

Ron Roberts asked if there would be a temporary entrance through Lot 2 back to Cloud Avenue. Les Mangus said he has spoken with Chris Huffman from Kansas Department of Transportation Corridor Management who has reviewed the Final Plat and is in agreement with all of the statements and the alignment of the roads.

Kenny Hill stated the temporary entrance will remain open until Cloud Avenue is extended over to Yorktown and the intersection to Yorktown is completed.

Charley Lewis asked if the application payment was still pending. Les Mangus said it has been paid. She further asked if the City has received the copy of the Power of Attorney indicating that Tim McFadden can sign items as requested on the checklist. Mr. Mangus stated this is available in the zoning case file.

Kenny Hill stated the applicant is going to request the financing through petitioning for the improvements.

Les Mangus stated the final drainage plan has not been received yet but that will be part of the design of the public improvements. Mr. Mangus said that Mr. Hill has submitted a corrected final plat copy which includes that covers everything except final drainage plan and statement on public improvements.

There was general discussion about the sidewalk on Cloud Avenue. Les Mangus stated it is to be built on the north side to match the north side of Cloud City Commercial Addition.

John McEachern made a motion to approve the Final Plat for Sunflower Estates Commercial Addition with the condition the application will provide a final drainage plan and a statement for public improvement. Ron Roberts seconded the motion. Motion carried 7/0.

Final Plat for Sunflower Estates Commercial Addition.

Butler County Planning Commission Notice of Hearing,

Case No. RZ-03-05, zoning change from Agriculture to Commercial on the property located at 16148 E. Hwy. 54, Andover, Kansas. Les Mangus stated this item is an application for Commercial Zoning on property located at the corner of McCandless and U.S. 54, and is an existing business that sells feed and farm supplies. This is the result of the County's many changes in zoning regulations where all properties revert back to agriculture.

Dave Martine asked if this hearing is for the County giving the City the opportunity to comment on a Commercial zoning project that is in our area of influence. Les Mangus said that it is and the Members tonight are charged with drafting a recommendation for the County Planning Commission. There was general discussion about the history of this property. The applicant was not present.

Charley Lewis stated she has spoken to the applicant about this property who stated the County sent him to the City to correct an error, and that in order for him to continue to run his Commercial business as he wants to he would have to have this property rezoned.

There was general discussion about the Butler County Zoning Regulations as compared to Andover's. There was general discussion about annexing options for this property. Les Mangus said it was his opinion for this land to be annexed now as it already has city sewer service, and is adjacent to other properties that are in the city limits. Mr. Mangus read what is allowed in the Butler County Commercial Zone from the Regulations.

Les Mangus stated this application is comparable to Andover's Highway Business District. He further said that when property is annexed into the city it's current use becomes a legal non-conforming use in the city. Since this property is over 20,000 square feet and not platted, it would come into the city with a legal non-conforming R-1 Single Family Residential Zone because the use is agricultural feed sales. Any changes from this would require a zoning case.

Butler County Planning Commission Notice of Hearing,

Case No. RZ-03-05

Lynn Heath made a motion to recommend the applicant ask for annexation into the City of Andover as A-1 Agricultural Zoning, and that if they don't, the front portion is commercial and the back part is residential based on the following factors:



The applicant property is contiguous to the City on two sides



The applicant property is currently served by City sewer, and City Water is available to the site



The Commercial zoning on the rear property allows incompatible uses adjacent to the existing residential neighborhood, which could be better accommodated by less intensive business districts to serve as a buffer that are available in the City.


John McEachern seconded the motion. Recommendations were made concerning the letter to be written to the County. The motion carried 7/0.


Member Items: Quentin Coon asked if the 17 factors and findings checklist could be viewed on the projector for citizens watching the meetings at home. Jeff Bridges said it should still be read and discussed, but could be shown as a reference.

Member Items:

Dave Martine referred to the Subdivision Committee meeting when asking about how to increase communication with the County concerning properties within the Andover Area of Influence.

Ron Roberts asked if there was an agreement between the County and the City. Les Mangus stated the County has offered to "hand off" the Public Hearings for cases within our Extraterritorial Jurisdiction to the Planning Commission to make recommendations to the County Planning Commission. Mr. Mangus stated things have changed in the County and it may be time to discuss this topic again. There was general discussion about the Public Hearing process.

Jeff Bridges suggested staff speaks with Todd Kennemer, the Secretary of the Butler County Planning Commission about this and will have an answer at the next meeting

Dave Martine referred to the Residential Bulk Regulation Survey and asked if the reason for creating a different zone and making a smaller residential lot was for the purpose of patio homes not to create smaller lot size and not a smaller lot with a smaller home. Quentin Coon stated it is trying to match what was already being done with PUD's. How much percentage of 7,000 square foot lots and price range of homes are available in any given area., There was general discussion about patio homes and PUD's.

John McEachern stated there needs to be caution in diminishing the quality of life over the life of the area due to the size of lots being too small.

Les Mangus stated the developers who have the PUD's, who requested the smaller lots down to-60 - 65-foot frontage, and 7,500 square feet lots, are starting to divide portions of lots to accommodate bigger houses. He reminded the Commission they don't have to approve every application that is submitted. He suggested giving a better mixture of lot sizes rather than just saying 7,800 square foot lot size.


John McEachern had some concerns about the areas of BiCentennial and McCandless getting proper streets, water, and sewer as those properties are in Andover's area of influence.


Dave Martine was concerned about the vacancy on the Subdivision Committee. The consensus of the members was to wait for the vacancy on the Planning Commission to be filled before appointing someone. Jeff Bridges asked for possible candidate names to submit to the Mayor for the Planning Commission.


A motion was made by John McEachern, seconded by Lynn Heath, to adjourn the meeting at 8:25 p.m. Motion carried 7/0.


Respectfully Submitted by




Deborah Carroll

Administrative Secretary

Approved this _____ day of ____________________ by the Andover City Planning Commission/ Board of Zoning Appeals, City of Andover.