Planning Commission

Planning Commission Agenda City Hall, 9001 W. 62nd Street November 6, 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 September 4, 2024 Planning Commission Meeting 9-04-2024 PC Minutes (DRAFT) IV. BUSINESS TO BE CONDUCTED 1. Provide direction on the drafting of an Accessory Dwelling Unit (ADU) ordinance Accessory Dwelling Unit memo Accessory Dwelling Unit presentation 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 September 4, 2024 REGULAR PLANNING COMMISSION MEETING CITY OF MERRIAM, KANSAS 9001 W. 62nd ST. COUNCIL CHAMBERS MINUTES September 4, 2024 7:00 P.M. I. CALL TO ORDER 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 4, 2024 with the Chairperson inviting everyone present to participate in the Pledge of Allegiance to the Flag. II. 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, Nancy Yoakum, Recording Secretary, and Jazmin Bustos, Planner. III. APPROVAL OF MINUTES OF August 7, 2024 Chairperson Bill Bailey stated that the Planning Commission members had received a copy of the August 7, 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 AUGUST 7, 2024 BE APPROVED. COLE STEPHENS SECONDED THE MOTION. THE MOTION WAS UNANIMOUSLY APPROVED. IV. BUSINESS TO BE CONDUCTED 1. PA24-000003 Saint Joseph’s Final Plat for property located at 4712 Knox Avenue in a R-1 (Single Family Residential) District. Chairperson Bill Bailey presented to the Planning Commission application PA24-000003, a final plat for property located at 4712 Knox Avenue. Community Development Director Bryan Dyer stated that the applicant is requesting approval of the Saint Joseph’s Final Plat for property located at 4712 Knox Avenue. Page 1 of 7 Planning Commission Minutes September 4, 2024 Mr. Dyer reviewed the location and the surrounding uses. Mr. Dyer stated that the property is in a R-1 (Single Family Residential) District. Mr. Dyer stated that the subject property was used for agricultural purposes but has remained undeveloped over the years. Mr. Dyer stated that the applicant is proposing to create six (6) single family residential lots that will range in size from 23,000 to 34,000 square feet. Mr. Dyer stated that the applicant intends to construct a single-family residence on each lot, including his own residence. Mr. Dyer stated that the construction of single-residences is in conformance with the property’s R-1 District zoning designation. Mr. Dyer stated the property is not currently served with sanitary sewer and per Merriam Code the new residences must be connected to a public sanitary sewer system. Mr. Dyer stated that Johnson County Wastewater (JCW) has stated that the subject property is not within a sanitary sewer district and the existing district will need to be expanded to include the property. Mr. Dyer stated that the applicant is aware of these requirements and that he will be responsible for the cost to extending the public sanitary sewer and water to the property. Mr. Dyer stated that building permits will not be issued until these public utilities are addressed. Mr. Dyer stated that the applicant will need to provide a stormwater master plan to include a maintenance plan of the stormwater facility for the City Engineer to review and approve. Mr. Dyer stated that staff recommends approval of the final plat with the conditions listed in the staff report and that the applicant was present for any questions. Chairperson Bill Bailey inquired if there were any questions for Mr. Dyer. Commissioner Shawn McConnel inquired how the sewer would be connected to the property. Mr. Dyer stated that the connection will be to the sewer main, then from there will be connected individually to each property. Mr. Dyer stated that the applicant will be responsible for connecting to the sewer main line. Commissioner Shawne McConnell inquired if the connection will be along Knox Avenue. Mr. Dyer stated that the applicant is currently working with Johnson County Wastewater on the sanitary sewer connection. Chairperson Bill Bailey inquired if the Planning Commissioners had any additional questions or comments, hearing none he asked if the applicant would like to address the Planning Commission. Kevin Klassen, 5540 Maple St, Mission, KS introduced himself to the Planning Commissioners. Mr. Klassen stated he didn’t have a presentation but would answer any questions of the Planning Commissioners. Chairperson Bill Bailey inquired if there were any questions for the applicant. Hearing none, he inquired if the Planning Commissioners had any additional questions or comments for staff. Hearing none he entertained a motion. Page 2 of 7 Planning Commission Minutes September 4, 2024 KELSEY KOHN MOVED THAT THE PLANNING COMMISSION APPROVE, WITH THE CONDITIONS LISTED IN THE STAFF REPORT, PUD24-000005-ST. JOSEPH’S FINAL PLAT, FOR PROPERTY LOCATED AT 4712 KNOX AVENUE, AND FORWARDING THE PLAT TO THE CITY COUNCIL FOR THE ACCEPTANCE OF EASEMENTS DEDICATED BY THE PLAT. REUBEN COZMYER SECONDED THE MOTION. THE MOTION WAS UNANIMOUSLY APPROVED. 2. PA24-000004 Final Plat for Bick’s Brook for property generally located at 65th Street and Hardy Street in an R-1 (Single Family Residential) District Chairperson Bill Bailey presented to the Planning Commission application PA24-000004 a Final Plat for property located at 65th and Hardy Street. Mr. Dyer stated the property owner and applicants Scott Bickford and Linda Carroll are requesting approval of Bick’s Brook Final Plat which will combine a number of smaller parcels and vacated right-of-way. Mr. Dyer reviewed the location and the surrounding uses. Mr. Dyer stated that the property is in a R-1 (Single Family Residential) District. Mr. Dyer stated that the applicants have indicated they intend to construct a single-family residence on the lot for their personal residence. Mr. Dyer stated the construction of a single- family residence is in conformance with the property’s R-1 District zoning designation. Mr. Dyer stated the lot will be accessed from the cul-de-sac the city constructed in 2012 and there is a public sidewalk on the side as Hardy Street as the subject property. Mr. Dyer stated the properties owner’s will be responsible for extending the public sidewalk to provide pedestrian access to the lot. Mr. Dyers stated that the plat dedicates a 35-foot radius of right-of-way for the Hardy Street cu- de-sac. Mr. Dyer stated that this dedication matches the road easement that the city acquired as part of the construction of Hardy Street. Mr. Dyer stated that staff recommends approval of the final plat with the conditions listed in the staff report and that the applicant was present for any questions. Commissioner Reuben Cozmyer inquired if the property had been undeveloped all these years due to there being three (3) separate lots. Mr. Dyer stated there had been an old right-of-way and the remnant parcels didn’t meet the size requirements so in 2012 staff worked with the surveyors and vacated the right-of-way. Mr. Dyer stated that the parcel’s ownerships have changed hands a few times and it wasn’t until the present owners decided they wanted to put the parcels together to enable creating a buildable lot. Commissioner Kelsey Kohn inquired if the applicant is requesting that the city finish the cul-de- sac. Mr. Dyer stated that the cul-de-sac was completed in 2012, but the applicant will dedicate a right- of-way and extend the sidewalk. Chairperson Bill Bailey if any of the Planning Commissioners had any questions for Mr. Dyer. Hearing none, he asked if the applicant would like to make a presentation. Page 3 of 7 Planning Commission Minutes September 4, 2024 Scott Bickford, 616 Shawnee Road, Kansas City, KS introduced himself to the Planning Commission. Mr. Bickford stated that he didn’t have a presentation but would answer any questions from the Planning Commissioners. Chairperson Bill Bailey inquired if there were any questions for the applicant. Hearing none, he inquired if the Planning Commissioners had any additional questions or comments for staff. Hearing none he entertained a motion. RUSS HARMON MOVED THAT THE PLANNING COMMISSION APPROVE, WITH THE CONDITIONS LISTED IN THE STAFF REPORT, PA24-000004 – BICK’S BROOK FINAL PLAT FOR PROPERTY GENERALLY LOCATED IN THE 6500 BLOCK OF HARDY STREET AND FORWARDING THE PLAT TO THE CITY COUNCIL FOR THE ACCEPTANCE OF RIGHT-OF- WAY AND EASEMENTS DEDICATED BY THE PLAT. COLE STEPHENS SECONDED THE MOTION. THE MOTION WAS UNANIMOUSLY APPROVED. 3. Consider Finding the City of Merriam 2025-2029 Capital Improvement Program to be in conformance with the Merriam Comprehensive Plan Chairperson Bill Bailey asked Mr. Dyer to present the 2025-2029 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 2025-2029 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 highlighted some of the items within the program such as Merriam Drive improvements, the bridge at 75th Street in conjunction with the City of Overland Park, upgrading bike trails for multi-mobility access, improving the stormwater system along with the Army Corp of Engineers and Parks and Recreation. Mr. Dyer asked the Planning Commissioner if they had any specific items that they would like to discuss. Commissioner Shawn McConnell is encouraging that conversations continue with developers that a walkover be designed from Merriam Grand Station to the north side of the street connecting walkability to the Community Center and Library. Commissioner McConnell stressed the importance of a viable pedestrian connection that did not require pedestrians to cross six(6) to seven (7) lanes of traffic. Commissioner Russ Harmon echoed the same desire and stated in the past there had been discussion about creating a tunnel to go underneath Shawnee Mission Parkway. Mr. Dyer stated that the idea of a pedestrian bridge serves in the same function. Chairperson Bill Bailey stated he liked the idea of a bridge, especially since the utilities will now be underground. Doing away with overhead power lines. Commissioner Kelsey Kohn agreed that a bridge would be a good idea and suggested communication with the library in regards to a landing pad on the north side of the street. Page 4 of 7 Planning Commission Minutes September 4, 2024 Commissioner Russ Harmon stated that a bridge could create a nice focal point with artwork and lighting at the intersection. Commissioner Reuben Cozmyer stated that design would need to include easy access for runners, and families with small children pushing strollers. Commissioner Cozmyer stated there is an underground access point in in Fairway, KS near the bookstore but it is deprecating. Commissioner Mitchell Fowler stated that he agrees with the pros that everyone has mentioned, but is concerned that the design would need to be ADA compliant. Commissioner Shawn McConnell agreed and stated that ADA access is a critical element and mentioned there has been discussion at the Public Art Committee that a bridge could be a nice gateway within the city. Commissioner Sarah Limbocker stated that there would need to be a 12 foot run with a one (1) foot rise on both sides with a landing requirement, and stated it would be a good point of discussion if another developer came along the way. Commissioner Shawn McConnell was also in agreement with Commissioner Limbocker’s comment. Commissioner Reuben Cozmeyer inquired if there are any existing bridges like this in the KC Metro. Discussion amongst the commissioners continued as many of the commissioners stated they had seen ideas like this in other cities that they have traveled to. Commissioner Shawn McConnell stated this is a critical component that needs to be acted upon with the Merriam Grand Station Development and the old library building. Commissioner Reuben Cozmyer inquired about the time frame for the Upper Turkey Creek project. Mr. Dyer stated that the Army Corp of Engineers are working through the process and the plans are about at the 30% mark. Mr. Dyer stated that decisions will also have to be made about the acquisition of utilities and property, so that is what influences the timeline. Commissioner Kelsey Kohn stated she is excited to see how the downtown Merriam revitalization will turn out as they are so many neighboring communities such as Shawnee and Mission that have done a great job. Commissioner Mitchell Fowler inquired if the 5701 project would be considered. Mr. Dyer stated that would be rolled into the Downtown Merriam and Upper Turkey Creek projects. Chairperson Bill Bailey asked Mr. Dyer what would be required to have a bridge rendering. Mr. Dyer stated that he could reach out to the City Engineer to do a very preliminary mock up but would need to talk to the City Administrator. Chairperson Bill Bailey stated that he thinks that is a concept that should be put together. Commissioner Sarah Limbocker inquired if the 75th Street bridge project was for a repair or to change the traffic pattern. Page 5 of 7 Planning Commission Minutes September 4, 2024 Mr. Dyer stated that the west side near the train tracks needs repair work. Commissioner Sarah Limbocker inquired about the sink hole on Knox Avenue and if there is a line item for repairs. Mr. Dyer stated that Water One had a failed pipe so the repair was the responsibility of the utility, but there is a line item if the repair was due to a city pipe. 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 2025-2029 CAPITAL IMPROVEMENT PROGRAM IS IN CONFORMANCE WITH THE MERRIAM COMPREHENSIVE PLAN 2040. REUBEN COZMYER SECONDED THE MOTION. THE MOTION WAS UNANIMOUSLY APPROVED. 4. Approval of the 2025 Planning Commission Calendar Community Development Director Bryan Dyer reviewed the proposed Planning Commission 2025 calendar with five items to note. Mr. Dyer inquired if there were any questions. Hearing none, he entertained a motion. SHAWN MCCONNELL MOVED THAT THE PLANNING COMMISSION ADOPT THE 2025 PLANNING AND ZONING SCHEDULE. MITCHELL FOWLER SECONDED THE MOTION. THE MOTION WAS UNANIMOUSLY APPROVED. V. BUSINESS FROM THE FLOOR • Army Corp of Engineers continues to make progress on Upper Turkey Creek. • Merriam Grand Station development is scheduled to be done mid-2025. The canopy is up, and the developer is working towards partial occupancy for the apartment complex to the east. • Jersey Mike’s Subs and Cava should be opening in the near future. • Undergrounding of utilities along Shawnee Mission Parkway in front of the Merriam Grand Station Development should be complete by the end of the year. Commissioner Sarah Limbocker inquired if there had been an announcement yet of the last restaurant tenant. Mr. Dyer stated that has not been announced. Page 6 of 7 Planning Commission Minutes September 4, 2024 Commissioner Kelsey Kohn inquired if the Supplement Superstore was the only retail space open. Mr. Dyer stated that Starbucks is also open. Chairperson Bill Bailey inquired if the city was still buying property. Mr. Dyer stated there have been no new acquisitions this month. Commissioner Russ Harmon inquired about the status of the convenience store and gas station on 75th Street that the Planning Commissioners had acted on. Mr. Dyer stated that the Plat needs to be brought in for signatures, then filed with the county along with an application for the Final Development Plan submitted. Commissioner Kelsey Kohn inquired about the theater project. Mr. Dyer stated the status is unknown at this time. Commissioner Mitchell Fowler inquired about the status of the buildings slated to be demolished. Mr. Dyer stated that the project had gone out to bid, and a contractor has been selected who is working on utility disconnects. VI. UNFINISHED BUSINESS None VII. OLD BUSINESS None VIII. 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 7:52 p.m. Respectfully Submitted, Nancy B. Yoakum Recording Secretary Approved: Page 7 of 7  MEMORANDUM DATE: November 6, 2024 TO: Planning Commission FROM: Bryan P. Dyer, Community Development Director RE: Planning Commission provide direction on drafting an accessory dwelling unit (ADU) ordinance At their September 23, 2024 meeting, the City Council requested the Planning Commission to review allowing accessory dwelling units (ADUs) in single family zoning districts and draft a ADU zoning amendment. An accessory dwelling unit is a dwelling unit that is an accessory structure to a principle single-family dwelling unit. Currently, Merriam zoning code does not allow two residential units to be located on the same single-family zoned lot. Included in this Planning Commission Packet is the presentation staff will make at November’s Planning Commission meeting. The presentation identifies a number of items to be considered when crafting an ADU zoning amendment. Additionally, staff is recommending amending Sec 74-424 – Bulk Regulations, which establishes accessory structure setbacks requirements, to make it more readily understandable. Staff is seeking Planning Commission feedback on the items outlined in the presentation with the intent of using that feedback to draft an ADU ordinance for a Public Hearing and Planning Commission action at their December 4th meeting. Page 1 of 1  Accessory Dwelling Units (ADUs) Planning Commission November 6, 2024 Purpose • On September 23, 2024, City Council directed the Planning Commission to draft a zoning ordinance allowing accessory dwelling units • Provide Planning Commission information on accessory dwelling units • Planning Commission provide staff with direction on drafting a zoning ordinance allowing accessory dwelling units in single-family zoning districts • Draft a zoning ordinance for the Planning Commission’s December 4th meeting to hold a public hearing on said ordinance • No change to the building code. Accessory dwelling units must meet relevant building code standards Goals • Create additional, quality housing options • Ordinance that is understandable and enforceable • Maintain character of single-family neighborhoods What is an Accessory Dwelling Unit (ADU) • ADUs are known as: Carriage or coach houses, garden apartments, mother-in- law suites, etc. • An accessory dwelling unit is a dwelling unit that is secondary to the principal single-family dwelling unit that is on the same lot or parcel. The accessory dwelling unit provides independent living facilities and can be a separate building or part of a the principal building • Analogous to the accessory structures use of shed, detached garage, playhouse, etc. What is an Accessory Dwelling Unit (ADU) Purpose ADUs can provide the following opportunities: Helping people to age in place or downsize Possibly providing a more economical housing option Increasing the housing supply ADU Research • Typically ADU construction is “self-financed” by the owner of the primary dwelling unit • Typically the ADU is constructed by the primary dwelling unit’s occupant to provide housing for a relative • Fewer ADU requirements are a factor in encouraging ADU construction ADU Research cont. • Johnson County communities that allow ADUs • Unincorporated Johnson County – restricted to lots two (2) acres or larger • Overland Park – restricted to one zoning district • Lenexa – restricted to large lot zoning districts • Prairie Village – property owner must occupy the primary dwelling and family member must occupy the ADU. ADU must be attached to principal dwelling. City reviews the ADU every three years for compliance • Roeland Park – property owner must live on the property and requires PC and CC approval of a SUP • Olathe • Westwood Existing Ordinance • Article VIII – Accessory Uses • Sec 74-424 – Any accessory use is a structure or use which: • Is subordinate to and serves a permitted principal building and permitted principal use; • Is subordinate in area, extent or purpose to the principal building or building served; • Contributes to the comfort, convenience or necessity of occupants, business or industry in the principal building or principal use served; and • Is located on the same lot as the principal building or principal use served. Draft Ordinance • Allow ADUs by right in all single-family zoning districts • ADU must be on the same lot/parcel as the primary unit • Allow attached or detached ADU • Existing structure can be converted into an accessory dwelling unit (Delete Sec 74-424(g)) • An accessory dwelling unit provides complete independent living facilities for one family • Accessory dwelling unit must have a kitchen, living room, bathroom, and one or two bedrooms Draft Ordinance • The property owner must occupy the principal or accessory dwelling unit • Attached ADUs must have one (1) hour fire wall separation between the primary dwelling unit • New detached ADUs must have separate utility connections • No restrictions on short term rentals • ADU must have access to one off-street parking space. The space can be provided by the principal structure’s existing driveway • Detached ADUs must be setback six feet behind the principal structure, seven feet from the side and rear lot lines, and ten feet from the principal structure Draft Ordinance • ADU cannot exceed two stories or the height of the principal building • ADUs cannot exceed one-thousand (1,000) square feet or fifty (50) percent of the principal structure’s floor area – whichever is less • ADU and principal structure cannot cause the lot’s impervious surface (building, pavement, concrete, etc.) coverage to exceed seventy-five percent • ADU must have its own entrance and street address Draft Ordinance • In the instance of the conversion of any existing structure into an attached or detached ADU, the Community Development Director can approve exceptions from these requirements • An applicant aggrieved by a final decision of the Community Development Director may appeal the decision to the Board of Zoning Appeals. Accessory Dwelling Setback Ordinance (bonus) CURRENT LANGUAGE a. When no alley exists, accessory buildings, shall be set back seven feet from the rear lot line. When an alley exists, a ten-foot rear setback shall be required. b. Accessory buildings shall maintain a seven-foot side yard. No part of any accessory building shall be located closer than ten feet to any principal building, either on the same lot or any adjacent lot, unless it is attached to or forms a part of such principal structure. In no case shall an accessory building be located less than 60 feet from the front lot line, and in any event, not forward of the front building line; provided, however, that in the case of a corner lot or other lot with more than one front lot line, no accessory building shall be located less than 60 feet from the front lot line at the front of the lot, as defined herein, nor less than 30 feet from any other front lot line. Draft Ordinance (bonus)  Draft Ordinance (bonus) a. Setbacks 1. Accessory structures shall maintain a minimum seven foot setback from a rear lot line. When an ally exists, accessory structures shall maintain a minimum ten foot setback from the rear lot line. 2. Accessory structures shall maintain a minimum seven foot setback from a side lot line. 3. Accessory structures shall be located a minimum of ten feet from any principal structure. 4. An accessory structure shall be located a minimum of 60 feet from the front lot line. 5. An accessory structure cannot be located forward of the front building line. 6. For corner lots or other lots with more than one front lot line; accessory structures shall be located a minimum of 60 feet from the front lot line along the street on which the principal structure is addressed and a minimum 30 feet setback at other front lot line. Next Step • Draft an ordinance amending Chapter 74 - Zoning of the Merriam Code to allow for and regulate ADUs