Planning Commission

Planning Commission Agenda Virtual Meeting October 4, 2023 - 7:00 PM I. MEETING WILL BE HELD VIRTUALLY https://us02web.zoom.us/j/86869906852 II. CALL TO ORDER III. ROLL CALL IV. APPROVAL OF MINUTES Approval of Minutes of SEPTEMBER 6, 2023 09-06-2023 PC Minutes (DRAFT) V. BUSINESS TO BE CONDUCTED 1. PA23-000004 – Meyers Estate Third Plat, final plat for property located at the southeast corner of W. 67th Street and Farley Street Staff Report - Meyers Estates Third Plat_PC_100423 Meyers Estates Third Plat_PC_100423 VI. BUSINESS FROM THE FLOOR VII. UNFINISHED BUSINESS VIII. OLD BUSINESS IX. ADJOURNMENT Respectfully submitted, Bryan P. Dyer, AICP Community Development Director Planning Commission Minutes September 6, 2023 REGULAR PLANNING COMMISSION MEETING CITY OF MERRIAM, KANSAS 9001 W. 62nd ST. COUNCIL CHAMBERS MINUTES September 6, 2023 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 Chairperson Bill Bailey on Wednesday, September 6, 2023 in the Council Chambers with the Chairperson inviting everyone present to participate in the Pledge of Allegiance to the Flag. I. ROLL CALL Members Present: Bill Bailey, Chairperson Reuben Cozmyer, Secretary Mitchell Fowler Russ Harmon Leah Ann McCormick Sarah Limbocker Members Absent: Shawn McConnell, Vice Chairperson, Cole Stephens Also Present: Bryan Dyer, Community Development Director, Jazmin Bustos City Planner and Nancy Yoakum, Recording Secretary. II. APPROVAL OF MINUTES OF JUNE 7, 2023 Chairperson Bill Bailey stated that the Planning Commission members had received a copy of the June 7, 2023 meeting minutes and asked if there were any corrections or additions. Hearing no additional comments, Chairperson Bill Bailey entertained a motion. MITCHELL FOWLER MOVED THAT THE MINUTES OF THE PLANNING COMMISSION MEETING OF MAY 3, 2023 BE APPROVED. REUBEN COZMYER SECONDED THE MOTION. THE MOTION WAS UNANIMOUSLY APPROVED. III. ITEMS OF BUSINESS 1. PUD23-000006/PUD23-000007 Trident Merriam LLC a preliminary development plan and change in use for property located at 9510 W. 67th St. in a PUD-G (Planned Unit Development-General) District Chairperson Bill Bailey presented to the Planning Commission application PUD23- 000006/PUD23-000007- for a preliminary development plan and change in use for property located at 9510 W. 67th St. in a PUD-G (Planned Unit Development-General) District. Page 1 of 8 Planning Commission Minutes September 6, 2023 Community Development Director Bryan Dyer stated that the applicant is requesting approval of a preliminary development plan and change in use for a new Mercedes Benz facility. Mr. Dyer stated after staff had received the application, staff found Ordinance #706 from August 1976 which rezoned the property from I-1 (Light Industrial) District to PUD-G (Planned Unit Development-General) District which allows the requested use, so tonight the Planning Commission only needs to consider the Preliminary Development Plan for public hearing. Mr. Dyer reviewed the current zoning, land uses and the surrounding areas. Mr. Dyer reviewed the history of the building owners and stated the last revision that occurred was a parking expansion in 1980. Mr. Dyer stated that the last owner was Synchrony Financial which ceased operations in 2021 and Trident Merriam LLC purchased the property. Mr. Dyer stated that that Trident Merriam LLC then subsequently completed the demolition of the existing office building in 2023. Mr. Dyer stated the applicant is requesting to build a new Mercedes Benz dealership and Service Center. Mr. Dyer reviewed the location of the new building and stated that the existing Mercedes Benz dealership will be repurposed as a showroom for previously owned vehicles. Mr. Dyer stated the development plan submitted included a traffic impact study that has been reviewed and accepted by the City Engineer. The traffic impact study included a couple of recommendations that include a sidewalk and timing changes at the traffic signal. Mr. Dyer stated that currently there a four (4) access points onto Carter Ave which will be reduced to one (1). Mr. Dyer stated the applicant provided a Stormwater memo from their engineer stating there will be a slight reduction to the impervious surface for the area that flows to an existing stormwater detention facility. The City Engineer has reviewed and accepted the memo. Mr. Dyer stated the plat associated with the development plan provides easements over the detention basin and outflow goes. Mr. Dyer stated that currently the subject property is not served by a sidewalk. Mr. Dyer stated that the city plans to install a sidewalk to the north of the subject property providing access to Chatlain Park and Merriam Drive. Mr. Dyer stated staff is reviewing how to get pedestrians south, across W. 67th street or at the stoplight further east. Mr. Dyer stated Merriam Code states sidewalks shall be provided on both sides of arterial streets, and since redoing Carter Avenue is on the city’s CIP Plan, a condition of approval is that the developer enter into an agreement with the city for funding of the sidewalks in the future. Mr. Dyer reviewed the landscaping plan and stated there will there is foundation planting and landscaping that is provided in both of the interior parking lots. Mr. Dyer stated that a recommend condition of approval is that additional street trees are needed on W. 67th Street, Carter Avenue, and W. 65th Street. Mr. Dyer reviewed the photometric plan for the development and that a recommended condition of approval is that the applicant revise the photometric plan to show the light intensity at the right-of-way lines at or approaching zero. Mr. Dyer stated the trash enclosures are similar to that of the building materials. Page 2 of 8 Planning Commission Minutes September 6, 2023 Mr. Dyer reviewed the architecture of the building and stated there is a large amount of glazing and there will be concrete pads out front for vehicle display. Mr. Dyer stated that the building will be black and gray which are the colors of Mercedes Benz. Mr. Dyer stated the applicant has requested two (2) signs on the building which is below the city standard of five percent of the building facade, however Merriam code only allows one sign per façade. Mr. Dyer stated that the monument signs are than allowed by code, but similar to Merriam Town Center and other automobile dealerships, the Planning Commission would need to approve the deviation. Mr. Dyer stated that staff has recommended approval of the preliminary development plan and would like to add one additional condition of approval that a note is placed on the face of the plan that the owner is responsible for of the infrastructure of the private stormwater system along with the other conditions listed in the staff report. Chairperson Bill Bailey inquired if there were any questions for staff. Commissioner Reuben Cozmyer inquired what would happen if there were to be a new owner in the future of the property and there were not supportive of the additional condition of approval. Mr. Dyer stated that the condition of approval gives the city the ability access, but does not require the city to maintain the infrastructure, but if there’s a problem that becomes a nuisance the city could address the situation. Commissioner Leah Ann McCormick inquired if the crossing at 67th Street near the Streamway Trail is being considered as a pedestrian crossing. Mr. Dyer stated that the city is discussing that as an option. Chairperson Bill Bailey inquired if the trail crossing has flashing lights and if the signal lights are going to be re-vamped. Chairperson Bailey also inquired if a Hawkeye could be installed. Mr. Dyer stated there are flashing lights at the trail crossing and those options could be a possibility. Commissioner Sarah Limbocker inquired if there would be an expiration date on the sidewalk agreement. Mr. Dyer stated that there would have to be an agreement date that both parties would have to adhere to. Chairperson Bill Bailey inquired if KDOT offered a Grant program. Mr. Dyer stated they did not, but Johnson County does have the CARS program. Chairperson Bill Bailey inquired if the railroad offered any grants. Mr. Dyer stated most likely no. Chairperson Bill Bailey inquired if there were any additional questions for Mr. Dyer. Hearing none, he asked if the applicant would like to make a presentation to the Planning Commission. Page 3 of 8 Planning Commission Minutes September 6, 2023 Scott Slaggie from Slaggie Architects Inc., 4600 Madison Ave, Suite 350, Kansas City, MO 64112 introduced himself to the Planning Commission. Mr. Slaggie reviewed 3-D images that reflected daytime and nighttime images of the dealership. Mr. Slaggie stated that the anticipated date of construction completion would be around March of 2025. Mr. Slaggie stated that they are working with staff on the additional trees and would like to plant them in clusters so there is more visibility for the automobiles. Mr. Slaggie stated that the building design is a new prototype called Mercedes Evolution which will include electric vehicles. Mr. Slaggie stated that currently there are only two other dealerships with this business model in the U.S.A. and this will be the third. There will be a mezzanine with a curved design on the front of the building. Mr. Slaggie stated that the campus will have country club type landscaping which will be aligned from the showroom to the service department. Mr. Slaggie there will be landscaping to soften the face of the building which has a very modern design which is a prototype of Mercedes. Mr. Slaggie stated that the service department will be a regional facility for Sprinter vehicles. Mr. Slaggie stated that the servicing time for these vehicles will be two to three days times, which brings in more revenue for the local economy while being serviced. Mr. Slaggie reviewed the landscaping in the parking areas and stated that the drive lane into the dealership will be very pleasurable for customers. Mr. Slaggie reviewed a night rendering of the dealership and stated that there will be zero light pollution past the property line. Chairperson Bill Bailey asked if there were any additional questions for the applicant. Hearing none, he inquired if there was anyone from the public who had any questions. Hearing none, he closed the Public Hearing portion of the meeting. Chairperson Bill Bailey asked is there were any additional comments or questions from the Planning Commission. Hearing none he entertained a motion. RUSS HARMON MOVED THAT THE PLANNING COMMISSION FORWARD A RECOMMENDATION OF APPROVAL TO THE CITY COUNCIL FOR APPLICATION PUD23- 000006/PUD23-000007 FOR A PRELIMINARY DEVELOPMENT PLAN AND CHANGE IN USE FOR PROPERTY LOCATED AT 9510 WEST 67TH STREET WITH THE CONDITIONS LISTED IN THE STAFF REPORT WITH THE ADDITIONAL CONDITION TO PLACE A NOTE ON THE PRELIMINARY DEVELOPMENT PLAN STATING THAT THE MAINTENANCE, REPAIR, AND REPLACMENT, ETC. OF STORMSEWERS ON PRIVATE PROPERTY IS THE RESPONSIBILITY OF THE RESPECTIVE PROPERTY OWNER(S). MITCHELL FOWLER SECONDED THE MOTION. THE MOTION WAS UNANIMOUSLY APPROVED. 2. PA23-000002 Trident Merriam LLC final plat for property generally located at 9510 W. 67th St. in a PUD-G (Planned Unit Development-General) District Page 4 of 8 Planning Commission Minutes September 6, 2023 Chairperson Bill Bailey presented to the Planning Commission application PA23-000002, a final plat for property located at 9510 W. 67th St. in a PUD-G (Planned Unit Development-General) District. Community Development Director Bryan Dyer stated that the applicant Trident Merriam LLC represented by Lance Scott is requesting approval of the Trident Merriam Final Plat to create one new lot which is related to the item previously heard on tonight’s agenda. Mr. Dyer stated that the purpose of the proposal is to facilitate the development of the new Mercedes Benz automobile dealership. Mr. Dyer stated that the applicant is providing an additional 10 feet of street right-of-way for additional easements and sidewalks. Mr. Dyer stated that the drainage easement will be placed over the existing detention pond. Mr. Dyer stated that he would answer any questions of the Planning Commission. Chairperson Bill Bailey inquired if there were any questions for Mr. Dyer. Hearing none, he asked if the application would like to speak. The applicant declined. Chairperson Bill Bailey inquired if there were any questions for Mr. Scott. Hearing none, he entertained a discussion or a motion. REUBEN COZMYER MOVED THAT THE PLANNING COMMISSION APPROVE APPLICATION PA23-000002 FOR A FINAL PLAT FOR PROPERTY LOCATED AT 9510 WEST 67th STREET WITH THE CONDITIONS LISTED IN THE STAFF REPORT. RUSS HARMON SECONDED THE MOTION. THE MOTION WAS UNANIMOUSLY APPROVED. 3. PA23-000003 Zarda’s Subdivision, Second Plat, final plat for property generally located at Farley Court and West 52nd Street in a R-3 (Two Family Residential) District. Chairperson Bill Bailey presented to the Planning Commission application PA23-000003, a final plat for property located at 9510 W. 67th St. in a PUD-G (Planned Unit Development-General) District. Community Development Director Bryan Dyer stated that the city of the applicant for this project. Mr. Dyer reviewed the subject properties and surrounding areas and reviewed the history of the property. Mr. Dyer stated that the city has received some interest from adjacent property owners to the north about acquiring one of the tracts, but in order to facilitate that, the property must be platted. Mr. Dyer stated that the purpose of the Second Plat is for the city to have the ability to create two tracts, 6A and 6B. Mr. Dyer stated that with both properties being platted as tracts that will make them undevelopable. Page 5 of 8 Planning Commission Minutes September 6, 2023 Mr. Dyer stated that tracts 6B is on the north side of the creek, and track 6A on the south side and provides city access to the creek. Track 6B does not have access to public streets. Mr. Dyer stated that the easements are existing and there no additional right-of-way. There is a note on the plat that a future property owner would be allowed to put an accessory structure on Tract 6B. Mr. Dyer stated that staff recommends approval would answer any questions of the Planning Commission. Chairperson Bill Bailey inquired if there were any questions for Mr. Dyer. Commissioner Sarah Limbocker inquired if Track 6B is subdivided in the future, would the item have to come back to the Planning Commission or would it be handled administratively. Mr. Dyer stated that it would have to come back before the Planning Commission. Commissioner Reuben Cozmyer inquired that it was mentioned there was property owners mentioned that were interested in the property and wanted to know if someone was lined up. Mr. Dyer stated there is a specific owner that is interested in the property but doesn’t know how the city will determine who is able to purchase the property. Commissioner Russ Harmon inquired what the interested party is planning to do with the property. Mr. Dyer stated they would like to fence it and keep it mowed. Chairperson Bill Bailey inquired if there were any additional questions for Mr. Dyer. Hearing none, he entertained a discussion of a motion. MITCHELL FOWLER MOVED THAT THE PLANNING COMMISSION APPROVE APPLICATION PA23-000003 FOR A SECOND FINAL PLAT FOR PROPERTY GENERALLY LOCATED AT FARLEY COURT AND WEST 52ND STREET WITH THE CONDITIONS LISTED IN THE STAFF REPORT. REUBEN COZMYER SECONDED THE MOTION. THE MOTION WAS UNANIMOUSLY APPROVED. 4. 2024-2028 Capital Improvement Program Chairperson Bill Bailey asked Mr. Dyer to present the 2024-2028 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 2024-2028 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. Page 6 of 8 Planning Commission Minutes September 6, 2023 Mr. Dyer stated that staff recommends finding the Capital Improvement Program in conformance with the city’s adopted comprehensive plan. Chairperson Bill Bailey inquired if there were any questions for Mr. Dyer. Hearing none, he entertained a discussion or a motion. BILL BAILEY MOVED THAT THE PLANNING COMMISSION FIND THAT THE CITY OF MERRIAM 2024-2028 CAPITAL IMPROVEMENT PROGRAM IS IN CONFORMANCE WITH THE MERRIAM COMPREHENSIVE PLAN 2040. LEAH ANN MCCORMICK SECONDED THE MOTION. THE MOTION WAS UNANIMOUSLY APPROVED. 5. 2024 Planning Commission Calendar Community Development Director Bryan Dyer stated that the schedule for 2024 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 13, 2025. 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 2024 PLANNING AND ZONING SCHEDULE. SARAH LIMBOCKER SECONDED THE MOTION. THE MOTION WAS UNANIMOUSLY APPROVED. BUSINESS FROM THE FLOOR • City Council has approved the budget for 2024 which included renewing all of the grant programs administered by Community Development. • The new Merriam Library project is coming along well. • Adventhealth Cancer Center project has the main entrance way framed. • Merriam Grand Station project is having utilities installed along Eby Ave. and is closed for construction purposes IV. UNFINISHED BUSINESS None V. OLD BUSINESS None VI. ADJOURNMENT With no further business for discussion, Chairperson Bill Bailey asked for a motion for adjournment. Page 7 of 8 Planning Commission Minutes September 6, 2023 BILL BAILEY MOVED FOR ADJOURNMENT. The meeting was adjourned at 8:06 p.m. Respectfully Submitted, Nancy B. Yoakum Recording Secretary Approved: Page 8 of 8  Community Development Staff Report Planning Commission – October 4th, 2023 PA23-000004 – Meyers Estates, Third Plat, Final Plat Application: PA23-000004 – Meyers Estates, Third Plat, Final Plat Request: Approval of a final plat Property Address: Southeast corner of W. 67th Street and Farley Street Applicant: HDR Engineering, representing the property owners Current Zoning and Land Use I-1 (Light Industrial) District; partially developed with a multi-tenant building and storage facility for operable vehicles. PUD-G (Planned Use Development – General) District; partially developed with a single family residence and artist studio. R-1 (Single Family Residential) District; undeveloped Surrounding Zoning and Land Use I-1 District to the north; partially developed with an automobile dealership. R-1 (Single Family Residential) District to the west; developed with single family residences. R-1 District to the south; undeveloped. Parks, Schools, & City Facilities District to the south, undeveloped with the Turkey Creek Streamway Trail. I-1 District to the east; developed with a indoor soccer practice facility, automotive repair and lumber sales yard. Page 1 of 5 PA23-000004 – Meyers Estates Third Plat PC Meeting October 4, 2023 Legal Description 13-12-24 N 593' W 400' E 1/2 SW 1/4 EX N 25' 5.23 ACS M/L MEC-0476 0002 13-12-24 BG 593' S NW CR E 1/2 SW1/4 E 400' S 549.17' W 400' N 549.44' TO BG EX W 20' IN ST & EX N 153' W 180' EX .413 AC PLATTED & EX .921 AC 3.152 ACS M/L 13-12-24 BG NW COR E 1/2 SW 1/4 S ALG W/L 593' E 180' X S 153' EX W 20' FOR ST .562 ACS M/L MEC 476 3 MEYERS ESTATES 2ND PLAT LT 1 MEC 476 4 1 13-12-24 BG 922.18' S NW CR E 1/2 SW1/4 S 220.24' E 182.79' N 220.12' W 182.54' TO POB .921 ACS M/L Property Area 10.06± Acres (±438,213.6 sq. ft.) Proposed Lots Lot 1 1.36± Acres (±59241.6 sq. ft.) Lot 2 0.63± Acres (±27,442.8 sq. ft.) Lot 3 0.54± Acres (±23,522.4 sq. ft.) Lot 4 7.06± Acres (±307533.6 sq. ft.) Tract A 0.47± Acres (±20,473.2sq. ft.) Related Case Files P-17-88 Meyers Estates Second Plat C-4-93 6801 Farley Street home occupation to operate an art studio SU-2-06 Special use permit for a private gas well Z-1-09 Rezoning request from R-1 District to PUD-G General District Z-1-09-PD1-0709 Preliminary development plan for an artist studio, residence, and future building Z-1-09/FP2-0916 Final Development Plan -Rock Cottage Glass Works SU-2-15 Special Use Permit for storing operable vehicles Page 2 of 5 PA23-000004 – Meyers Estates Third Plat PC Meeting October 4, 2023 Vicinity Map PA23-000004 – Meyers Estates Third Plat Vicinity Map Aerial View Page 3 of 5 PA23-000004 – Meyers Estates Third Plat PC Meeting October 4, 2023 Staff Comments: The applicant, HDR Engineering, representing the property owners, is requesting the approval of a final plat, Meyers Estates, Third Plat, for the purpose of creating four lots and one tract. The subject properties are located at the southeast corner of W. 67th Street and Farley Street and consist of five (5) unplatted parcels and one (1) platted lot. Approval of the final plat will facilitate the transfer property between the current property owners. There are a variety of existing uses occurring on the subject properties. The property fronting W. 67th Street is zoned I-1 (Light Industrial) District and developed with a multi-tenant building and a storage lot for operable vehicles (SU-2-15). If this plat is approved, this property will be expanded in area and become Lot 4. The property owner has indicated that they intend to request a modification to their special use permit to expand the existing automobile storage into the southern portion of Lot 4. In addition to the proposed Lot 4, this property owner will own Tract A. The dividing line between Tract A and Lot 4 runs along the centerline of Turkey Creek. The proposed Tract A is currently maintained by the city. The future property owner has indicated that if they do not need Tract A to expand the automobile storage lot, they will consider conveying the property to the city. If it is not conveyed to the city, the city has stated that the maintenance of Tract A will become the responsibility of the property owner. Proposed Lots 2 and 3 are the location of a single family residence and artist studio. Lot 2 has split zoning with the north portion zoned PUD-G District and the south portion I-1 District. The property owner has an approved development plan for the portion of Lots 2 and 3 that are zoned PUD-G District. That development plan is for a standalone, expanded artist studio. The property owner has indicated he intends to move forward with a development plan that is similar to the approved plan. Proposed Lot 1 is owned by Johnson County Wastewater (JCW) and has split zoning of I-1 District on the north portion and R-1 District on the south portion. JCW acquired the property with future plans for a below-grade wet weather storage facility to protect Turkey Creek from sanitary sewer overflows during very large storm events. The tank will store diluted wastewater and will only be active approximately six (6) times per year, depending on the number of large rain events. Design and construction of the project is five (5) to ten years in the future. When that project moves forward, JCW will conduct public engagement meetings and return to the Planning Commission and City Council to voluntarily participate in the City’s planning processes. A significant portion of the proposed plat is located within the Federal Emergency Management Agency (FEMA) special flood hazard area (SFHA) which is the regulated floodplain. Lot 4 and Tract A are almost entirely encumbered by the SFHA. The SFHA covers a small part of the east portion of Lots 1, 2, and 3. Page 4 of 5 PA23-000004 – Meyers Estates Third Plat PC Meeting October 4, 2023 Comments from Public Utilities As part of the review process, staff provided copies of the proposed plat to the public utilities and city departments. The applicant has addressed all comments. Access Current access to the subject properties is via three (3) access points on Farley Street and one access point on W. 67th Street. All four (4) of the proposed lots abut an improved, city street. Easements/Dedication of Rights of Way The plat provides perimeter utility easements along the lot lines of Lots 1-4. The remaining easements shown are existing. The entirety of the plat is encumbered by a significant Evergy overhead power transmission easement. Lot Size and Bulk Requirements The subject properties are zoned I-1 District and PUD-G District. The proposed lots meet the size requirements for I-1 District and PUD-G District zoning classifications. Total Area: Approximately 10.06± Acres (438,213.6± sq. ft.) Lot 1 1.36± Acres (±59241.6 sq. ft.) Lot 2 0.63± Acres (±27,442.8 sq. ft.) Lot 3 0.54± Acres (±23,522.4 sq. ft.) Lot 4 7.06± Acres (±307533.6 sq. ft.) Tract A 0.47± Acres (±20,473.2sq. ft.) Public Utilities The subject property has access to all required public utilities. Staff Recommendation: Staff recommends approval of PA23-000004, a final plat of Meyers Estates Third Plat and forwarding it to the City Council for the acceptance of easements dedicated by the plat. Bryan P. Dyer, AICP Community Development Director October 4, 2023 Page 5 of 5