Planning Commission
Regular MeetingMerriam, KS · November 2, 2022
Agenda
Planning Commission
Agenda
City Hall, 9001 W. 62nd Street
November 2, 2022 - 7:00 PM
If you require any accommodation (i.e. qualified interpreter, large print, reader,
hearing assistance) in order to attend this meeting, please notify the
Administrative Office at 913-322-5500 no later than 24 hours prior to the
beginning of the meeting.
I. CALL TO ORDER
II. ROLL CALL
III. APPROVAL OF MINUTES
Approval of Minutes of October 5, 2022
10-05-2022 PC Minutes (DRAFT)
IV. BUSINESS TO BE CONDUCTED
1. SDP22-000002 Site Development Plan for an automobile dealership
located at 5500 Merriam Dr. in an I-1 (Light Industrial) District
Staff Report - SDP22-000002 - 5500 Merriam Drive KC Used Car
Emporium
Site Development Plan - SDP22-000002 - 5500 Merriam Drive KC Used
Car Emporium
V. BUSINESS FROM THE FLOOR
VI. UNFINISHED BUSINESS
VII. OLD BUSINESS
VIII. ADJOURNMENT
Respectfully submitted,
Bryan P. Dyer, AICP
Community Development Director
Planning Commission Minutes October 5, 2022
REGULAR PLANNING COMMISSION MEETING
CITY OF MERRIAM, KANSAS
9001 W. 62nd St.
COUNCIL CHAMBERS
MINUTES
October 5, 2022
7:00 P.M.
The Regular Planning Commission meeting for the City of Merriam, Kansas was called to order
at 7:00 p.m. by Secretary Bill Bailey on Wednesday, October 5, 2022 in the Council Chambers
with the Secretary inviting everyone present to participate in the Pledge of Allegiance to the Flag.
I. ROLL CALL
Members Present: Bill Bailey, Secretary
Reuben Cozmyer
Mitchell Fowler
Shawn McConnell
Leah Ann McCormick, Vice Chairperson (attended virtually and
arrived at 7:50 p.m.)
Cole Stephens
Members Absent: Brian Dailey, Judy Deverey, Russ Harmon
Also Present: Bryan Dyer, Community Development Director, Andrea Fair, City Planner and
Nancy Yoakum, Recording Secretary.
Mr. Dyer stated that in the absence of the Chairperson and Vice Chairperson, Secretary Bill
Bailey, the most senior commissioner would be chairing tonight’s meeting.
II. APPROVAL OF MINUTES OF AUSUST 3, 2022
Secretary Bill Bailey stated that the Planning Commission members had received a copy of the
August 3, 2022 meeting minutes and asked if there were any corrections or additions.
Hearing no additional comments, Secretary Bill Bailey entertained a motion.
SHAWN MCCONNELL MOVED THAT THE MINUTES OF THE PLANNING COMMISSION
MEETING OF AUGUST 3, 2022 BE APPROVED. MITCHELL FOWLER SECONDED THE
MOTION. THE MOTION WAS UNANIMOUSLY APPROVED.
III. ITEMS OF BUSINESS
1. PUD22-000010 Sign Scheme Package for property located at 5400 Antioch
Dr. in a PUD-G (Planned Unit Development-General) District for a furniture
store.
Secretary Bill Bailey presented to the Planning Commission application PUD22-000010 for a Sign
Scheme Package for property located at 5400 Antioch Dr. in a PUD-G (Planned Unit
Development-General) District.
Page 1 of 5
Planning Commission Minutes October 5, 2022
Community Development Director Bryan Dyer stated that the applicant is requesting approval of
a Sign Scheme Package for My Home Contemporary Furniture.
Mr. Dyer reviewed the history of the property and stated that the property currently has multiple
tenants.
Mr. Dyer stated that the applicant is requesting a new wall sign on the southeast corner of the
south façade and would be replacing an existing damaged canopy sign that had previously been
approved.
Mr. Dyer stated that the proposed sign is 144 sq. ft. which is less than the five (5) percent total
square footage of the building façade, but the proposed sign is larger than the existing 120 sq. ft.
sign that it will replace. Mr. Dyer stated the building has signage on each of its facades, which is
in excess of Merriam Code allowing three (3) signs on a building.
Mr. Dyer reviewed the existing and approved building signage. Mr. Dyer stated that there is an
illegal sign that was installed without Planning Commission approval or a sign permit application
that is on the roll-up garage door, and that the applicant has been advised that the sign must be
removed or the violation would be pursued.
Mr. Dyer stated that if the proposed Sign Scheme Package is approved staff, that staff will be
hesitant to approve any additional sign permits as the facility is over the limit but due to the unique
configuration of the building staff does recommend approval.
Secretary Bill Bailey inquired if there were any questions of Mr. Dyer.
Commissioner Shawn McConnell stated he was concerned about the quantity of signs that are
on the building and the fact that one was installed without approval from the city. Commissioner
McConnell stated that he understands the need to replace the damaged sign, but hopes there is
enough language to communicate that future signs requested may not be approved.
Mr. Dyer stated that the staff report specifies the sign requirements for this unusual shaped
building.
Commissioner Shawn McConnell inquired if the monument sign is part of the Sign Scheme
Package.
Mr. Dyer stated that it was approved in the 2008 Sign Scheme Package.
Commissioner Reuben Cozmyer stated that when you exit off of I-35 Highway you only see one
sign upon exiting.
Secretary Bill Bailey inquired if there were any additional questions of Mr. Dyer. Hearing none,
he asked if the applicant would like to speak.
Whitney Graves from Metalworks KC, 1105 Kansas Ave., Kansas City KS introduced himself to
the Planning Commissioners.
Mr. Graves stated that he has communicated the concerns with the new owner of the building,
and the owner wants to be completely compliant with the sign codes.
Secretary Bill Bailey inquired if there were any questions for the applicant. Hearing none
entertained a discussion or motion.
Page 2 of 5
Planning Commission Minutes October 5, 2022
REUBEN COZMYER MOVED THAT THE PLANNING COMMISSION APPROVE
APPLICATION PUD22-000010 FOR A SIGN SCHEME PACKAGE LOCATED AT 5400
ANTIOCH DRIVE. MITCHELL FOWLER SECONDED THE MOTION. THE MOTION WAS
UNANIMOUSLY APPROVED.
2. Consider finding the City of Merriam 2023-2027 Capital Improvement
Program to be in conformance with the Merriam, Kansas Comprehensive
Plan.
Secretary Bill Bailey asked Mr. Dyer to present the 2023-2027 Capital Improvement Program.
Community Development Director Bryan Dyer stated that each year the City of Merriam adopts a
five (5) year Capital Improvements Plan to guide the city in decisions related to city improvements.
Included in the packet is the 2023-2027 Capital Improvements Plan, which has been adopted by
City Council. Mr. Dyer stated as required by state statutes and city ordinances the Planning
Commission is required to review the plan and find if it complies with the city’s adopted
comprehensive plan.
Mr. Dyer stated that the commissioners had the option of reviewing and approving each item
individually, or as whole.
Mr. Dyer reviewed some of the highlights of the Capital Improvement Program such as the West
Vernon Place draining improvements; Downtown Merriam and Merriam Drive improvements; the
W. 75th Street Bridge over Turkey Creek; W. 50th Terr. Drainage improvements; and pedestrian
and bicycle mobility enhancements. Mr. Dyer stated the that the city has partnered with
neighboring jurisdictions on a number of the projects.
Mr. Dyer stated that staff recommends finding the Capital Improvement Program in conformance
with the city’s adopted comprehensive plan.
Mr. Dyer inquired if there were any questions or recommendations.
Commissioner Shawn McConnell stated he was excited to see the proposed improvements.
Secretary Bill Bailey inquired if there were any additional questions. Hearing none, he entertained
a motion.
SHAWN MCCONNELL MOVED THAT THE PLANNING COMMISSION FIND THAT THE CITY
OF MERRIAM 2023-2027 CAPITAL IMPROVEMENT PROGRAM IS IN CONFORMANCE WITH
THE MERRIAM COMPREHENSIVE PLAN 2040. REUBEN COZMYER SECONDED THE
MOTION. THE MOTION WAS UNANIMOUSLY APPROVED.
3. Adoption of the 2023 Planning and Zoning Schedule
Community Development Director Bryan Dyer stated that the schedule for 2023 has two items to
note.
Mr. Dyer stated there will be one (1) City Council meeting in December. Mr. Dyer stated that the
PC items for that month would be heard by the City Council on January 8, 2024.
Page 3 of 5
Planning Commission Minutes October 5, 2022
Mr. Dyer stated that the second item was not scheduling a July meeting due to the difficulty getting
a quorum around the July 4th holiday. Mr. Dyer stated if needed, the Planning Commission Chair
can still call for a July meeting.
Mr. Dyer inquired if there were any questions. Hearing none, he entertained a motion.
MITCHELL FOWLER MOVED THAT THE PLANNING COMMISSION ADOPT THE 2023
PLANNING AND ZONING SCHEDULE. COLE STEPHENS SECONDED THE MOTION. THE
MOTION WAS UNANIMOUSLY APPROVED.
4. Presentation of the Merriam Corridor Plans
Secretary Bill Bailey asked Community Development Director Bryan Dyer to present the Merriam
Corridor Plans.
Mr. Dyer stated that the city has been working on a number of plans to help shape the future of
Merriam. Mr. Dyer stated these plans have been driven by the Merriam Comprehensive Plan
2040 to help the future growth, design and redevelopment over the next 20 years.
Mr. Dyer provided the Planning Commissioners with a presentation summarizing the Downtown
Merriam Corridor Plan, Merriam Connected Corridor Plan, and Mobile Merriam Plan.
Mr. Dyer stated he would answer any questions of the Planning Commissioners.
Commissioner Mitchell Fowler inquired how far west the development of the South Park school
area would be.
Mr. Dyer stated that the development shown in the Merriam Corridor Plan uses the existing South
Park school area.
Commissioner Shawn McConnell inquired when a potential development comes to the city of
Merriam, the city is limited due the infrastructure that has been created to provide opportunities
to business owners who want to be a part of the project.
Mr. Dyer stated that the plan does recommend that the city consider an overlay district and/or
specific Downtown zoning district that over time fits the vision of the Merriam Comprehensive
plan.
Commissioner Shawn McConnell stated that would help with the development that the city can
provide for business owners.
Mr. Dyer stated that Congress has fully funded the Upper Turkey Creek flood mitigation for upper
downtown. Mr. Dyer stated that the development could be sooner than the 20–30-year vision,
and could be accelerated as businesses would not have flood plain regulations.
Commissioner Shawn McConnell inquired if there are many changes to the Merriam Corridor
plan.
Mr. Dyer stated that the city is in the current design phase with the current right-of-way on Merriam
Drive.
Page 4 of 5
Planning Commission Minutes October 5, 2022
Commissioner Shawn McConnell inquired if the Corp of Engineers would help provide funding to
help with the redirected routes on Merriam Drive.
Mr. Dyer stated that there has been a discussion on potential funding, and the city contributing to
any price differences on the proposed project.
Commissioner Shawn McConnel stated that it sounds like a synergistic opportunity.
Secretary Bill Bailey inquired if there were any additional questions for staff. Hearing none, he
asked Mr. Dyer to present the business from the floor.
BUSINESS FROM THE FLOOR
• Upper Turkey Creek and flood mitigation project will be a long process and will take
time to do a proper analysis.
• Merriam Grand Station has signed the plat and submitted the plat to Johnson County
and staff is currently reviewing the building permit plans.
• Cinemark theater has submitted a building permit for a renovation of new recliner
seats.
• There will be an agenda item for the November meeting. Mr. Dyer stated that he will
not be at the meeting, and it will be presented by City Planner, Andrea Fair.
Mr. Dyer stated he would answer any question from the Planning Commission.
IV. UNFINISHED BUSINESS
None
V. OLD BUSINESS
None
VI. ADJOURNMENT
With no further business for discussion, Secretary Bill Bailey asked for a motion for adjournment.
MITCHELL FOWLER MOVED FOR ADJOURNMENT. The meeting was adjourned at
8:08 p.m.
Respectfully Submitted,
Nancy B. Yoakum
Recording Secretary
Approved:
Page 5 of 5
Community Development Staff Report
Planning Commission– November 2, 2022
SDP22-000002 – KC Used Car Emporium Building Addition Site Development Plan
Application: SDP22-000002 KC Used Car Emporium Building Addition
Request: Approval of a site development plan
Property Address: 5500 and 5508 Merriam Drive
Applicant: Michael McGinnis, Property Owner
Current Zoning and Land Use I – 1 (Light Industrial) District, developed with
automobile sales.
Surrounding Zoning and Land Use Planned Unit Development – General (PUD –
G) District to the east, developed with a bus
transportation facility with related office, training
and maintenance buildings.
I – 1 District to the south, developed with
warehouse and manufacturing.
I – 1 District to the west, developed with a
single-family home.
C – 2 (Retail Business) District to the north,
developed with a restaurant.
Current Legal Description: Bree Heights Lots 2 and 3
Property Area Lot 2 – 0.69 ± Acres (29,923 ± sq. ft.)
Lot 3 – 0.49 ± Acres (21,455 ± sq. ft.)
Buildings Lot 2 – 1,189 sq. ft. existing
Lot 3 – 1,600 sq. ft to be demolished
Proposed building addition Approximately 406 sq. ft. requested addition
Approximately 1,625 sq. ft. Total
Parking Requirements Automobile Sales
Lot 2 1/400 sq. ft. interior space (1,625/400) = 5
spaces
1/3,000 sq. ft. open display (23,456/3,000) = 8
spaces
Lot 3 31/3,000 sq. ft. open display (21,455/3,000) = 7
spaces
1 per employee (4 employees) = 4 spaces
Page 1 of 5
SDP22-000002
KC Used Car Emporium Building Addition Site Development Plan PC Meeting November 2, 2022
Parking Spaces Provided Total Required = 23 standard spaces
1 accessible
Total Provided = 21 customer spaces
1 accessible space
4 employee spaces
53 storage/display spaces
Related Case Files
P-4-07 Final Plat
SD-3-07 Site Development Plan for 5500 Merriam Dr.
SD-6-07 Site Development Plan for 5508 Merriam Dr.
Page 2 of 5
SDP22-000002
KC Used Car Emporium Building Addition Site Development Plan PC Meeting November 2, 2022
Vicinity Map SDP22-000002
KC Used Car Emporium Building Addition Site Development Plan
Aerial View of Site
Vicinity Map
Page 3 of 5
SDP22-000002
KC Used Car Emporium Building Addition Site Development Plan PC Meeting November 2, 2022
Staff Comments:
The applicant is requesting approval of a site development plan for an approximately 406
square foot building addition to the existing 1,595 square foot building located at 5500
Merriam Drive and the demolition of the existing building at 5508 Merriam Drive. The
proposed addition will serve as storage for the existing building and the area of the
demolished building will become part of the existing parking lot. The subject properties
currently operate as an automobile sales facility. This request requires approval of a site
development plan because the proposed building addition is a five percent increase to the
existing building and, per Merriam Code, staff cannot administratively approve a building
increase that is greater than five (5) percent.
The subject properties are zoned I – 1 (Light Industrial) District. In 2007, the subject
properties were replatted (P-4-07 – Bree Heights) to bring them into compliance with the I
– 1 District requirements. Also, in 2007 site development plans (SD-3-07 and SD-6-07)
were approved for the subject properties for automobile sales facilities. The approved site
plans brought the subject property into compliance with zoning regulations for automobile
sales.
Other than the proposed building addition and demolishing the building at 5508 Merriam
Drive, the applicant is not requesting any alterations to the existing site.
Comments from Public Utilities
As part of the review process, staff provided copies of the proposed site development plan to
the public utilities. In addition, staff solicited comments from other city departments.
The applicant has addressed all comments.
Site Development Plan Requirements (Sec. 74-87)
Staff has reviewed the site development plan and finds that it meets city requirements.
Traffic Analysis (Sec. 74-87)
The applicant has indicated that the building addition will not cause an increase in the number
of employees at the facility. Because of this, staff did not request a traffic analysis.
Building Elevations
The proposed building addition must coordinate with the existing structure.
The proposed building addition states that the exterior façade will be finished with smartboard,
which is a fiber cement siding material.
Landscaping Requirements (Sec. 74-85)
The site development plan does not propose any changes to the landscaping from the previously
approved site development plans.
The site is required to have four (4) street trees along Merriam Drive and four (4) street trees
along W. 55th Street. Currently there are nine street trees which are planted in the right-of-way.
Page 4 of 5
SPACES FOR
CUSTOMERS
9
9
4 SPACES FOR
EMPLOYEES
5 SPACES FOR
STORAGE
8 SPACES FOR
STORAGE
4 SPACES FOR
STORAGE
7 SPACES FOR
CUSTOMERS
Parking Requirements
Lot 2
1/400 sq. ft. interior space (1,625/400) = 5 spaces
1/3,000 sq. ft. open display (23,456/3,000) = 8 spaces
1 per employee (4 employees) = 4 spaces
Lot 3
1/3,000 sq. ft. open display (21,455/3,000) = 7 spaces
Parking Provided
Lot 2
13 customer spaces
4 employee spaces
Lot 3
7 customer spaces
10/22/2022
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