Planning Commission

Planning Commission Agenda City Hall, 9001 W. 62nd Street June 5, 2024 - 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 the April 3, 2024 Planning Commission Meeting 4-03-2024 PC Minutes (DRAFT) IV. BUSINESS TO BE CONDUCTED 1. PUD24-00003 - Final Development Plan for Great Plains SPCA addtional site fencing Staff Report - SPCA fence SPCA information letter Final development plan - SPCA fence Gate details - SPCA fence 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 April 4, 2024 REGULAR PLANNING COMMISSION MEETING CITY OF MERRIAM, KANSAS 9001 W. 62nd ST. COUNCIL CHAMBERS MINUTES April 4, 2024 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, April 4, 2024 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 Kelsey Kohn Shawn McConnell, Vice Chairperson Sarah Limbocker Cole Stephens Members Absent: Also Present: Bryan Dyer, Community Development Director, and Nancy Yoakum, Recording Secretary. New Planning Commissioner Kelsey Kohn was given the Oath of Office and sworn in. II. APPROVAL OF MINUTES OF JANUARY 3, 2024 Chairperson Bill Bailey stated that the Planning Commission members had received a copy of the January 3, 2024 meeting minutes and asked if there were any corrections or additions. Hearing no additional comments, Chairperson Bill Bailey entertained a motion. SHAWN MCCONNELL MOVED THAT THE MINUTES OF THE PLANNING COMMISSION MEETING OF JANUARY 3, 2024 BE APPROVED. MITCHELL FOWLER SECONDED THE MOTION. THE MOTION WAS UNANIMOUSLY APPROVED. III. ITEMS OF BUSINESS 1. RZ24-000001/PUD24-000001 Rezoning and Preliminary Development Plan for Rock Cottage Glassworks an artist studio and residence at 6805 Farley Avenue in a PUD- G (Planned Unit Development-General) District and I-1 (Light Industrial) District. Chairperson Bill Bailey presented to the Planning Commission application RZ24-000001/PUD24- 000001, for a rezoning and preliminary development plan for Rock Cottage Glassworks located at 6805 Farley Avenue. Page 1 of 7 Planning Commission Minutes April 4, 2024 Community Development Director Bryan Dyer stated that the applicant is requesting approval of a rezoning and preliminary development plan for Rock Cottage Glassworks. Mr. Dyer reviewed the location and the surrounding uses. Mr. Dyer stated that the property has split zoning of PUG-G and I-1 Districts. Mr. Dyer stated that the plat associated with the property was approved by the Planning Commission in October of 2023, but as of today’s date the plat has not been filed with Johnson County. Mr. Dyer stated that since this application is requesting rezoning the Planning Commission and City Council must review the Golden Factors and it pertains to this application which are contained in the staff report and Mr. Dyer highlighted. Mr. Dyer stated the applicant is proposing an artist studio with classroom instruction and a residential dwelling unit which will have a one (1) lane horseshoe drive with a handicap accessible parking spot. Mr. Dyer reviewed the site plan and stated that the plan shows an 11,500 square foot structure that will span two (2) levels. Mr. Dyer stated that the upper level will serve as the applicant’s residence and showroom. Mr. Dyer stated that the lower level will be an artist workshop equipped with kilns for glass blowing. Mr. Dyer reviewed the garage doors and vehicle parking and stated that materials will be delivered on the east side of the building via Mr. Richard Webb’s property which is a condition of approval. Mr. Dyer reviewed the proposed landscape plan and stated the applicant will maintain the existing tree line facing Farley Avenue and will be adding additional trees. Mr. Dyer stated that the property is smaller than one (1) acre so there is no requirement for a storm water plan. Mr. Dyer reviewed the building elevations and stated the roof will be standing seam and the building will be seamless siding with stone veneer and have an extensive amount of glazing. Mr. Dyer stated that staff recommends approval of the re-zoning and preliminary development plan and forwarding to the City Council with a recommendation of approval, and that the applicant was present for any questions. Chairperson Bill Bailey inquired if there were any questions for Mr. Dyer. Commissioner Kelsey Kohn inquired if the waste materials will be collected on Farley Avenue or on the backside of the proposed building. Mr. Dyer stated that the property will continue to have residential trash service and that no dumpsters are proposed. Chairperson Bill Bailey inquired if there would be any hazardous waste materials such as acid for etching. Mr. Dyer stated the applicant was present to address the question. Chairperson Bill Bailey inquired if there would be an occupancy group. Page 2 of 7 Planning Commission Minutes April 4, 2024 Mr. Dyer stated there have been discussion with the architect for the project and they are aware of the requirements of having a business and residential uses in the same structure. Chairperson Bill Bailey inquired if any of the Planning Commissioners had any additional questions. Hearing none, he asked the applicant if they would like to make a presentation. Dierk VanKeppel, 6805 Farley Avenue, Merriam, KS introduced himself to the Planning Commissioners. Mr. VanKeppel stated that he has lived at his property since 1988. Mr. VanKeppel stated that over the years he has had to store materials at different locations, and approval of the application will allow him to have all of his operations at one facility. Mr. VanKeppel stated that he has recovered stone to used as veneer on the proposed facility. Mr. VanKeppel stated that the trash will be kept inside until trash day. Mr. Van Keppel stated that he does not use acid etching for his designs, but sometimes uses sandblasting. Chairperson Bill Bailey inquired if there were any more questions for Mr. Dyer or the applicant. Hearing none, he inquired if there was anyone from the public who had a comment. Hearing none, he closed the public comment portion of the meeting. Commissioner Reuben Cozmyer inquired if the width of the driveway being 18 feet should be a condition of approval. Mr. Dyer stated that the approval of the development plan includes the approval of the 18 foot wide driveway. Commissioner Sarah Limbocker inquired if there had been a conversation with architect regarding a knox box for the Fire Department on the east side of the property. Mr. Dyer stated that the architect has been in discussion with the fire department, and will occur if the fire department needs a secondary entrance onto the property. Chairperson Bill Bailey inquired if the Planning Commissioners had any additional questions or comments, hearing none he entertained a motion. REUBEN COZMYER MOVED THAT THE PLANNING COMMISSION APPROVE APPLICATION RZ24-000001/PUD24-000001 REZONING/PRELIMINARY DEVELOPMENT PLAN FOR PROPERTY LOCATED AT 6805 FARLEY AVENUE AND FORWARD A RECOMMENDATION FOR APPROVAL TO THE CITY COUNCIL. SHAWN MCCONNELL SECONDED THE MOTION. THE MOTION WAS UNANIMOUSLY APPROVED. 2. PUD24-000002 Preliminary Development Plan for Ascentist parking lot expansion at 6815 E. Frontage Road in an PUD-G (Planned Unit Development-General) District Chairperson Bill Bailey presented application PUD24-000002 preliminary development plan for 6815 E. Frontage Rd. Mr. Dyer stated that the applicant is being represented by BHC Engineering. Mr. Dyer reviewed the surrounding zoning and land uses and stated that the expansion requested will be to the eastern portion of the property and that there is an existing storm water detention pond on site. Page 3 of 7 Planning Commission Minutes April 4, 2024 Mr. Dyer stated that Ascentist MOB owns the property and this will allow additional 10,000 square feet for parking for staff and patients. Mr. Dyer stated that the applicant is not expanding the footprint of the building. Mr. Dyer stated that BHC Engineering held a public open house to facilitate questions from surrounding neighbors and provided a copy of the meeting notes to staff and the Planning Commissioners. Mr. Dyer stated that staff was in receipt of a signed memo from a licensed engineer that there will be no increase in an increase of traffic and the existing stormwater facilities can handle the additional impervious surface. Mr. Dyer reviewed the grading and stated that the parking lot will be elevated to the east with the draining going to the west to the detention pond with filters and inlets. Mr. Dyer reviewed the proposed landscaping and stated staff recommends adding additional low- lying landscaping to the landscaping plan to match with the existing building. Mr. Dyer stated that the applicant will be installing a six (6) foot privacy fence that will provide shielding and screening along the southside of the parking lot expansion. Mr. Dyer reviewed the photometric plan and stated that it meets the requirements of Merriam code. Mr. Dyer stated that staff recommend approval of the project with the conditions listed in the staff report and he would answer any questions from the Planning Commission. Chairperson Bill Bailey if any of the Planning Commissioners had any questions for Mr. Dyer. Commissioner Shawn McConnell inquired if the six (6) foot privacy fence was just being added to the area of the additional parking lot and not to the entire development. Mr. Dyer stated that is correct. Commissioner Reuben Cozmyer inquired if the grading would help to drain to the south and not to the residential neighborhood. Mr. Dyer stated that the grading would capture and direct any draining to the south and that it will be an improvement to the site. Chairperson Bill Bailey inquired if there were any more questions for Mr. Dyer. Hearing none, he asked if the applicant would like to make a presentation. Mr. Michael Makris from BHC, 7101 College Blvd., Ste. 100, Overland Park, KS 66210 introduced himself to the Planning Commission. Mr. Makris stated that Mr. Dyer’s presentation of the project covered the information and he did not have an additional commentary. Chairperson Bill Bailey inquired if there were any questions for Mr. Makris. Commissioner Sarah Limbocker inquired about the drainage affecting the trash enclosure. Page 4 of 7 Planning Commission Minutes April 4, 2024 Mr. Dyer stated that the trash enclosure would not encroach on the curb and gutter and allow for stormwater to travel to the nearby stormwater inlet. Chairperson Bill Bailey inquired if there were any additional questions. Hearing none he inquired if anyone from the public had comment. Craig Hammontree, 9102 W. 69th St., Merriam, KS 66204 introduced himself to the Planning Commission. Mr. Hammontree inquired if the fencing would be abutting the existing chain link fence. Mr. Dyer stated that staff has requested the property owner work with the residents to ensure that the privacy fence is the common fence. Mr. Hammontree inquired if drainage becomes an issue from this development will the applicant be responsible to respond. Mr. Dyer stated that it would have to be demonstrate harm such as channeling or erosion and the applicant would work with the resident. Chairperson Bill Bailey inquired if there were any additional public comments. Jerry Ogden, 6901 Grandview St., Merriam, KS 66204 introduced herself to the Planning Commission. Ms. Ogden voiced her concerns about the additional fumes from automobiles in the parking lot and stated their neighborhood abuts this development and Carmax. Chairperson Bill Bailey inquired if there were any additional public comments. Josh Bryant, 9014 W. 69th St., Merriam, KS 66204 introduced himself to the Planning Commission. Mr. Bryant inquired what will happen to the existing landscaping in the proposed parking area and what time will the parking lot be open to the public. Mr. Makris stated that they will have to take out the existing landscaping but will be replacing it. Mr. Makris stated that the facility is not changing their business hours. Mr. Makris stated that BHC will take names and be sure to reach out to the surrounding neighbors regarding the changes. Chairperson Bill Bailey stated he would encourage the BHC team to communicate with the neighbors and make sure that the area is kept clean and maintained. Chairperson Bill Bailey inquired if there were any additional public comments. Mary Clark, 9000 W. 69th St., Merriam, KS 66204 introduced herself to the Planning Commission. Ms. Clark stated that she did not receive the notice from BHC until after the meeting had occurred. Ms. Clark suggested that BHC could have been sending text messages or emails regarding the meeting. Ms. Clark stated that Carmax has not been taking care of their fencing and landscaping. Chairperson Bill Bailey inquired if there were any additional public comments. Hearing none, he closed the public portion of the meeting. Chairperson Bill Bailey inquired if there were any additional questions from the Planning Commissioners. Commissioner Reuben Cozmyer inquired about the air quality concerns and he understood that the business wasn’t increasing in size. Page 5 of 7 Planning Commission Minutes April 4, 2024 Mr. Dyer stated that the business isn’t increasing the size of facility and only wants to provide additional parking for staff and patients. Commissioner Reuben Cozmyer inquired about putting an additional condition of approval that the property owner works with the neighbors regarding the fence installation. Chairperson Bill Bailey inquired if the Planning Commissioners had any additional questions of comments. Hearing none, he entertained a motion. RUSS HARMON MOVED THAT THE PLANNING COMMISSION APPROVE APPLICATION PUD24-000002 FOR A PRELIMINARY DEVELOPMENT PLAN FOR PROPERTY LOCATED AT 6815 E. FRONTAGE RD. WITH THE CONDITIONS LISTED IN THE STAFF REPORT AND THE ADDITIONAL CONDITION THE PROPERTY OWNER COORDINATES THE TIMELINE AND INSTALLATION OF THE NEW SIX (6) FOOT PRIVACY FENCE ON THE SUBJECT PROPERTY’S SOUTH PROPERTY LINE WITH THE ADJACENT PROPERTY OWNERS AND FORWARD TO THE CITY COUNCIL A RECOMMENDATION OF APPROVAL. MITCHELL FOWLER SECONDED THE MOTION. THE MOTION WAS UNANIMOUSLY APPROVED. BUSINESS FROM THE FLOOR • Merriam Grand Station is on schedule and anticipates signing leases at the end of the year. • The Merriam Library is now open to the public and there has not been discussion about the old library building. • Work continues with the Army Corp of Engineers regarding the downtown flood mitigations and negotiations with property owners. • Adventhealth Cancer Center is anticipating opening this month. Commissioner Mitchell Fowler inquired about the underground utilities along Shawnee Mission Parkway. Mr. Dyer stated that the project has been approved by the City Council and Evergy has indicated they plan to have the project completed by the end of the year. Mr. Dyer stated that the project begins just east of I-35 and will continue east to Antioch Rd. Commissioner Shawn McConnell stated that when the northside of Shawnee Mission Parkway across from Merriam Grand Station he would like to see a walkway over Shawnee Mission Parkway to connect the two sides of the street. Commissioner Mitchell Fowler inquired if there was any information about new businesses going into Merriam Grand Station and when signs would go up for employment opportunities. Mr. Dyer stated that construction on the building shells continues and when the tenant finishes start to take place that’s when we will mostly likely see employment signs. Commissioner Sarah Limbocker stated she has read that Homegrown, Cava and Starbucks are going in. Bryan Dyer stated Merriam Grand Station’s websites indicates that 30 HOP which is a brew pub out of Des Moines, IA will be a tenant of one of the buildings that will be located between the apartment buildings. Page 6 of 7 Planning Commission Minutes April 4, 2024 Chairperson Bill Bailey inquired if staff had received any plans for Cinemark. Mr. Dyer stated no staff has not. Commissioner Sarah Limbocker stated she heard there will be road work on I-35 and Shawnee Mission Parkway. Mr. Dyer stated the city usually posts about construction/road projects on the city website. Chairperson Bill Bailey inquired how the work was being facilitated on I-35 and Shawnee Mission Parkway. Chairperson Bill Bailey stated that the Merriam Community Center seems to be doing well and inquired about the status of a generator. Mr. Dyer stated that Public Works is the department that would be submitting for approval. 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. MITCHELL FOWLER MOVED FOR ADJOURNMENT. The meeting was adjourned at 8:10 p.m. Respectfully Submitted, Nancy B. Yoakum Recording Secretary Approved: Page 7 of 7  Community Development Staff Report Planning Commission – June 5, 2024 PUD24-000003 – Final Development Plan Great Plains SPCA Fence Application: PUD24-000003 Final Development Plan Great Plains SPCA Fence Request: Approval of a final development plan for additional fencing Property Address: 5424 Antioch Drive Applicant: Douglas Connett, Owner’s Representative Current Zoning and Land Use PUD-G (Planned Unit Development-General) District; developed with industrial uses. Surrounding Zoning and Land Use PUD-G District to the north, south, and east; developed with industrial uses. I-35 to the west. Legal Description ANTIOCH INDUSTRIAL PARK N 50' LT 6 & S 150' LT 7 Property Area 0.97 ± Acres 42,272 ± sq. ft. Zoning Code Parking Calculations 1 space per 300 sq. ft. of public building area and 1 space per employee per maximum shift. 1 space per employee – 12 spaces required 6,201 sq. ft. – 33 parking spaces required plus one space per employee during peak shift. Parking Spaces Required 39 Total Spaces Required Parking Spaces Provided 39 Total Spaces Provided Related Case Files 6587-77 Darling Envelope 6663B-87 Darling Envelope 6663-FP3-0708 Robert E. Sanders-RSA 6663 (0908) Fox Equities-RSA 6663-FP4-0409 Fox Equities LLC 6663-FP5-1109 Fox Equities LLC Page 1 of 5 PUD24-000003 – Final Development Plan Great Plains SPCA Fence PC Meeting June 5, 2024 6663-FP6-0310 Fox Equities-RSA 6610-78 Peterson 6704-85 Peterson 6610/PD3-1006 United Excel 6610/FP3-0307 United Excel 6610/FP4-1108 United Excel UC2-0507 Quinn Foundation UC2FP1-1207 Quinn Foundation Z-2-00 Phillips 66 UC3-PD1-0710 Worship facilities 6663/FP7-0512 Heartland SPCA Page 2 of 5 PUD24-000003 – Final Development Plan Great Plains SPCA Fence PC Meeting June 5, 2024 Vicinity Map PUD24-000003 – Final Development Plan– Great Plains SPCA Vicinity Map Aerial View Page 3 of 5 PUD24-000003 – Final Development Plan Great Plains SPCA Fence PC Meeting June 5, 2024 Staff Comments: The applicant, Heartland SPCA represented by Douglas Connett is requesting approval of a final development plan to install a six (6) foot chain link fence on the northwest portion of the subject property to create a new enclosed animal exercise area. In 1977, the subject property was rezoned to PUD-G District with the approval of the Darling Envelope development plan (6587-77). In 2012, Heartland SPCA purchased the subject property and submitted an application requesting approval of a final development plan (6663/FP7-0512) for revisions necessary to accommodate a pet adoption center. These revisions included interior renovations, a small building addition, updates to the exterior facade, adjustments to parking layout, and the incorporation of six (6) small outdoor animal exercise areas. The Planning Commission approved the final development plan. The applicant is now requesting approval of a final development plan for the installation of a six (6) foot chain link fence located between the existing 1,500 square foot outdoor animal exercise area and the Kansas Department of Transportation’s (KDOT) four (4) foot chain link fence located along the I-35 right-of-way. The proposed fence will be adjacent to KDOT’s four (4) foot fence that runs along I-35. SPCA’s proposed fence will enclose an area that is approximately 2,000 square feet and will be used for animal exercise. The fenced exercise area will be located in an existing utility easement. Gates will be positioned at the north and south ends of the exercise area to facilitate access to the easement, landscape maintenance, animal handling, and employee entry. Double gates will be positioned at the northern end to serve as a transfer zone for dogs and a pedestrian gate will provide access to the HVAC system. The applicant plans to install the new chain link fence a few inches off the ground to allow a string trimmer to keep the area between KDOT’s fence and the new fence free of weeds and other vegetation. The applicant provided a letter (attached) stating that employees will supervise animals utilizing the newly created exercise area. The applicant has also stated that employees will properly pick up and dispose of animal waste. A feature of the final development plan (6663/FP7-0512) that was approved in 2012, is the screening of the existing animal play that faces I-35. The screening is opaque, blue in color and provides a pleasing view of the facility. The Community Development Director determined that the proposed six (6) foot chain link fence is a significant change to the approved final development plan warranting Planning Commission’s review. Stormwater Management No stormwater management changes are proposed. Access Vehicular and Pedestrian No access changes are proposed. Page 4 of 5 PUD24-000003 – Final Development Plan Great Plains SPCA Fence PC Meeting June 5, 2024 Lighting Plan No exterior lighting changes are proposed. The applicant has stated that the newly created animal exercise area will not be lighted. Elevation Drawings The applicant has provided drawings showing examples of the proposed six (6) foot chain link fence. There are no additional architectural changes are being proposed. Sign Scheme (Chapter 53 of the Merriam Code) No sign scheme changes are proposed. Parking Requirements (Chapter 74, Article XII Merriam Code) No parking changes are proposed. Landscaping (Chapter 74, Article XII Merriam Code) No changes in landscaping are proposed. Staff Recommendation: The Community Development staff recommends approval of the Great Plains SPCA Final Development Plan (PUD24-000003). Bryan P. Dyer, AICP Community Development Director June 5, 2024 Page 5 of 5 Great Plains SPCA 5424 Antioch Drive Merriam, KS 66202 Proposed Supervised Large Dog Run Goal of proposed dog run: We currently have 7 outdoor enclosed yards. Between walks and time in the yard, every dog gets outside at least 4 times a day and frequently more. This is very good for the animals’well-being but for some dogs, it is not enough. No matterwhat we do, the shelter can be a very stressful situation for many dogs and exercise can help relieve some of that stress. Unfortunately, none of our current yards are nearly big enough to let dogs, particularly larger dogs, get the exercise they need. Because of this, their stress level and anxiety go up and it makes it harder to find appropriate adaptations for them. The goal of this yard is for staff or volunteers to be able to take a dog or a group of compatible dogs out where they can really run, chase balls, play or do anything else that helps them relieve that stress and let their true personality and temperament show through. Scope of project Currently there is a 4’ chain link fence between our property and the I35 right ofway. While this would be adequate for many dogs, there are some that would easilyjump over it. Our goal is to add a new 6’ Qé'ElS‘nd fence inside the current fence with a double gate at the sound end of the run to provide access to the easement that currently exists. There would be smaller gates at each end to provide access. . Notes: Merriam Home Depot has taken this on as their major corporate giving project. Through their corporate office, they donated $13,437.74 in materials and will be recruiting Home Depot associates across the region for the installation. Attached is the list of materials that were ordered and have been delivered to our site. 0 We plan on installingthe new fence a few inches offthe ground to allow a string trimmer to keep that area free of weeds and other vegetation. We have a lawn service weekly or bi weekly depending on how fast the grass is growing and we would add this to their responsibilities. - Dogs would always be supervised when in this area. The goal is to give them exercise and they rarely run when by themselves, so someone needs to be with them to toss a ball orwhatever is needed and groups of dogs are always supervised because of the possibility of play becoming too intense. 0 We are aware of the sewer line that runs through this area and will request a dig alert so we are sure we will not damage it with new posts. 0 We are aware that there are overhead utility lines in this area and the double gates at the south end will provide access to any utility equipment that may be needed. 0 We also accept the possibility of all or part of the fence being damaged or removed required bythe maintenance of any of the utilities and any repairs or replacement necessary afterwards would be at our expense.  tevus avchnecls mm Mb- 5424 AHVIDCH DMVI V nuslmc Bum-K, v:VIAsh You".0W0- www \ewsamnnmg cam n <1 0 V D. U) 07 E _. 4 Ll. r— < LU ?: 0 . , ,1 ‘ \ : yr , PM 212000 ‘ ‘ ‘ I I ,,, ‘ ‘, sI'I Law. AS101 PLAN NOTES , PLAN A5 SITE A1 ‘SITE  r ‘ ' Great Plains Gates the: can be opened to give rightvof- New8‘chainlinkfenceinstalled next to current fence and / _/ SPCA war3CC955- approximately 4” off the ground to Transfer area permit cutting foliage between the with two gates 5424 Antioch Drive fences a roxima‘elr* 3??de ‘ Marriam, KS 66202 Proposed Large Supervised Dog Run Highway Department fence to keep — Property line fence to Pedes: n'an gatefor be replaced access to HVAC uni: _ within larger access New fencing and gates Location of double gates. Approximate location of Example of pedestrian gate HVAC access gate within a larger gate ould never be