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Commission asks Butler County to remand 2612 East Highway 54 rezoning and requires annexation before development; lot split also remanded
Summary
The planning commission voted to recommend that the Butler County Planning Commission remand a rezoning application at 2612 East Highway 54 to the City of Andover and to require annexation before development; the panel made the same recommendation on a companion lot-split application for the same property.
The Andover Planning Commission voted April 29 to recommend that Butler County remand a rezoning application for property at 2612 East Highway 54 back to the City of Andover and to require annexation of the subject property into the city limits before any development occurs. The commission made the same recommendation on a separate lot-split application for the same property.
Staff said the property lies within the city’s extraterritorial subdivision and planning jurisdiction and that, under county rules, requests for zoning or subdivision changes in the city’s planning area should be referred to the city. Staff recalled a prior application on the same parcel that asked for commercial and storage uses not permitted in the county’s agricultural zone and said the county should remand the current applications to the city for annexation and review.
The county zoning administrator has indicated the applicant prefers not to annex, staff said, but the commission emphasized the city’s jurisdiction for subdivision matters and the need for annexation prior to development. Staff also told commissioners that the existing house on the property appears to be served by private septic and that there is no nearby public sewer; any platting and access will be reviewed by KDOT, and staff noted an existing median crossover on Highway 54 that KDOT would likely designate as the access point.
Commissioner Dan Colson moved that the commission require the Butler County Planning Commission remand the rezoning application for 2612 East Highway 54 back to the City of Andover and require annexation before development; the motion was seconded and passed on a voice vote. Later, on the lot-split application for the same property, Colson made and passed a substantially similar motion to require remand and annexation. No members of the public spoke on either item.
The commission’s recommendations will be forwarded to the governing body and transmitted as the city’s formal position to Butler County.
