Planning commission recommends denial of Butler County lot split and zoning requests, urges annexation

The City of Andover Planning Commission recommended that Butler County deny three separate subdivision and zoning requests for parcels in the city’s extraterritorial planning area and urged that the properties be annexed into the city before development.

City zoning staff told the commission the matters before the commission were filed with Butler County but lie within Andover’s extraterritorial jurisdiction. Staff said one subject parcel is an unplatted meets-and-bounds tract and therefore cannot be processed as a county lot split because a lot split requires a preexisting platted lot. Staff also said the rear parcel in the proposed split would be landlocked, lacking access to a public street, and that parts of the site contain floodplain.

For the county zoning change on the same property (1904 East Central Avenue), staff said the proposed RE (rural estate) zone requires platting to preserve a low-density rural character; staff also said the parcel is adjacent to the city, served by municipal water and sewer, and therefore does not meet the rural intent. For a separate conditional-use application at 2612 East Highway 24, staff said uses proposed — offices, light retail and storage units — are not listed conditional uses in Butler County’s AG40 district and therefore do not qualify for approval by the county under that zoning classification.

After deliberation, the commission voted on separate advisory recommendations to Butler County. Gary Israel moved that the commission recommend denial of further subdivision of the subject property and that the applicant come to the city to resolve the issue; the motion was seconded and carried. Dan Coulson moved that the commission recommend disapproval of the county zoning change from AG40 to RE (rural estate), and further recommend that the property be annexed, platted and zoned by the city; that motion also passed. The commission likewise voted to recommend denial of the conditional-use application at 2612 East Highway 24 and recommended annexation of that parcel into Andover and city zoning and platting prior to development.

Staff told the commission it will forward meeting minutes and the commission’s recommendations to Butler County planning staff for their consideration. Several members emphasized that annexation into Andover would place future development decisions under city zoning that better match the city’s comprehensive plan.

The commission’s recommendations are advisory to Butler County; Butler County’s planning board and commission will make the final decisions in that jurisdiction.