Planning Commission

Planning Commission Agenda City Hall, 9001 W. 62nd Street December 4, 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. OATH OF OFFICE 1. Nida Dillon Nida Dillon 2. Daniel Molina Daniel Molina III. ROLL CALL IV. APPROVAL OF MINUTES 1. Approval of Minutes of November 6, 2024 Planning Commission Meeting 11-06-2024 PC Minutes (Draft) V. BUSINESS TO BE CONDUCTED 1. Review and consider amendments to Merriam Code, Chapter 74, Article VIII - Accessory Uses as it relates to accessory dwelling units and accessory structures. (Public Hearing) PC Memo ADU ordinance PC ADU ordinance marked up PC ADU ordinance Planning Comission ADU presentation VI. BUSINESS FROM THE FLOOR VII. UNFINISHED BUSINESS VIII. OLD BUSINESS IX. ADJOURNMENT Respectfully submitted, Bryan P. Dyer, AICP Community Development Director Board, Commission, or Committee Application Submitted on 1 November 2024, 6:06PM Receipt number 87 Related form version 6 Contact Information Applicant Name Nida Dillon Street Address 8516 Johnson drive City merriam State KS Zip Code 66202 Email nidagetsemail@yahoo.com Primary Phone Number 19137441846 Opportunities to Serve Boards, Commissions, and Committees Planning Commission Board of Zoning Appeals The Planning Commission's duties include holding public hearings to consider applications to rezone property; proposed amendments to the city's zoning ordinance; and annually reviewing the Comprehensive Plan and Land Use Map of the City. A hearing before the Board of Zoning Appeals is scheduled when an application is filed for a variance of zoning regulations, approval of a conditional use, or an appeal of a decision rendered by the zoning administrator. Employment Information Are you: Employed Name of Employer College Park Family Care Center Phone Number 9134386700 Position / Title Physician Describe the product or service rendered Full scope primary care physician who partners with my patients to help them achieve their health goals 1 of 3 Brief description of your responsibilities Develop relationships with my patients to help manage chronic medical conditions and treat acute illnesses, coordinate care with healthcare team, electronic medical records, insurance prior authorizations. Disaster relief work coordinating with other medical teams including EMS and FEMA. Related Experience Related Education / Certification / Licenses / Other: D. O. (Doctor of Osteopathic Medicine), Bachelor's of Science in Education, ACLS, ABFM Licensed. Currently working on master's in international health. Former MICT (Paramedic) Related Skills Good listener and excellent communication skills, working with diverse populations, degree in education and teaching experience in EMS. Experience in disaster mitigation post hurricane Katrina, working with FEMA. Understanding about community issues and driven to learn from others experiences Why would you like to serve? As a resident of Merriam for over 16 years now I consistently find ways to serve. Whether it is the street I live on, my neighbors, the patients in my office, the school my kids attend, PTO or city committees. Merriam is home. I feel I have skills and passion to help continue to build our community List previous volunteer experience: Merriam Fire Department and South Johnson County FPD Volunteer Firefighter YouthFront Summer Camp Medic International Medical Alliance, Hurricane Katrina Disaster Relief , Kenya Medical Missions Haiti Development Fund, International missions-teaching, helping with building maintenance/painting Demographics Age 45-54 Gender Female Sexual Orientation Heterosexual / Straight Race / Ethnicity Other: Turkish-American Do you have a disability? No Which languages are you proficient in? English Acknowledgement and Agreement As a board, commission, or committee applicant, I understand that appointed members are expected to attend meetings (meeting frequency and times vary), and I commit to making myself available to attend such meetings. I understand that my involvement on the board, commission, or committee is advisory in nature. I agree that, if appointed, I will adhere to the volunteer responsibilities, expectations, and the Merriam Code of Ethics (Article VI). I understand all appointments to boards, commissions, and committees are made by the Mayor. I understand all meetings are open to the public and are held in compliance with the Kansas Open Meetings Act (KOMA) and records are subject to the Kansas Open Records Act (KORA). 2 of 3 Signature of Applicant Link to signature 3 of 3 Board, Commission, or Committee Application Submitted on 5 November 2024, 3:42PM Receipt number 88 Related form version 6 Contact Information Applicant Name Daniel Molina Street Address 8008 W. 64th St. City Merriam State KS Zip Code 66202 Email danielrmolina@gmail.com Primary Phone Number 8168634772 Opportunities to Serve Boards, Commissions, and Committees Planning Commission Board of Structure Appeals The Planning Commission's duties include holding public hearings to consider applications to rezone property; proposed amendments to the city's zoning ordinance; and annually reviewing the Comprehensive Plan and Land Use Map of the City. The Board of Structure Appeals is an appointed body having jurisdiction to hear and decide appeals in a decision made by a public officer in the enforcement of the Uniform Building Code, Uniform Plumbing Code, Uniform Mechanical Code, or any other ordinance adopted by the city relating to the construction for buildings. Employment Information Are you: Employed Name of Employer Betterment Phone Number 9178196710 Position / Title Content Marketing Manager Describe the product or service rendered Investing services 1 of 3 Brief description of your responsibilities I help demystify the the world of investing for everyday savers. A big part of the job involves bringing together company stakeholders to collaborate and cross-pollinate ideas. I set the editorial agenda, pick the brains of experts and translate their insights into written and video content. Related Experience Related Education / Certification / Licenses / Other: University of Kansas, Bachelor of Science in Journalism Related Skills Research Writing Critical thinking Problem-solving Why would you like to serve? I've had the pleasure of seeing several city initiatives up close in recent years. They've taught me that it takes dedication and teamwork to make a community go, that the inner workings of city government are often invisible or taken for granted, and that volunteer service is vital. List previous volunteer experience: Mobile Merriam committee member – 2022 Big Brothers Big Sisters – 2017-2021 Kansas City Worker Justice Center – 2012-2014 Demographics Age 35-44 Gender Male Sexual Orientation Heterosexual / Straight Race / Ethnicity Hispanic / Latino White Do you have a disability? No Which languages are you proficient in? English Spanish Acknowledgement and Agreement As a board, commission, or committee applicant, I understand that appointed members are expected to attend meetings (meeting frequency and times vary), and I commit to making myself available to attend such meetings. I understand that my involvement on the board, commission, or committee is advisory in nature. I agree that, if appointed, I will adhere to the volunteer responsibilities, expectations, and the Merriam Code of Ethics (Article VI). I understand all appointments to boards, commissions, and committees are made by the Mayor. I understand all meetings are open to the public and are held in compliance with the Kansas Open Meetings Act (KOMA) and records are subject to the Kansas Open Records Act (KORA). Signature of Applicant 2 of 3 Link to signature 3 of 3 Planning Commission Minutes November 6, 2024 REGULAR PLANNING COMMISSION MEETING CITY OF MERRIAM, KANSAS 9001 W. 62nd ST. COUNCIL CHAMBERS MINUTES November 6, 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, November 6, 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 Mitchell Fowler Russ Harmon Kelsey Kohn Shawn McConnell, Vice Chairperson Sarah Limbocker Members Absent: Cole Stephens Also Present: Bryan Dyer, Community Development Director, Nancy Yoakum, Recording Secretary, and Jazmin Bustos, Planner. Mr. Dyer announced that Reuben Cozmyer will no longer be serving on the Planning Commission as he will now be serving on City Council. III. APPROVAL OF MINUTES OF SEPTEMBER 4, 2024 Chairperson Bill Bailey stated that the Planning Commission members had received a copy of the September 4, 2024 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 SEPTEMBER 4, 2024 BE APPROVED. SHAWN MCCONNELL SECONDED THE MOTION. THE MOTION WAS UNANIMOUSLY APPROVED. IV. BUSINESS TO BE CONDUCTED 1. Planning Commission provide direction on drafting an Accessory Dwelling Unit (ADU) ordinance. Chairperson Bill Bailey opened the discussion to Community Development Director Bryan Dyer. Mr. Dyer stated that at the September 23, 2024 City Council meeting the Council requested Mr. Dyer ask the Planning Commission to consider allowing accessory dwelling units in single family Page 1 of 5 Planning Commission Minutes November 6, 2024 zoning districts. Mr. Dyer stated that currently Merriam does not allow two residential units to be located on the same single-family zoned lot. Mr. Dyer reviewed the purpose, goals and definitions of an ADU. Mr. Dyer reviewed neighboring cities in the Johnson County communities that allow ADUs. Mr. Dyer discussed the City of Merriam existing ordinance and stated that staff recommends the proposed ordinance be in Article VIII-Accessory Uses in Section 74-424. Mr. Dyer reviewed points that could be included in a draft ordinance and requested Commissioner feedback on those points. Commissioner Shawn McConnell inquired about the one (1) zoning district in Overland Park that allows ADUs. Mr. Dyer stated it is not Overland Park’s primary residential zoning district. Commissioner Michell Fowler stated that he is excited to see this opportunity come forward because in the past there has only been discussion of allowing ADUs. Commissioner Sarah Limbocker inquired if the ADU could be a manufactured home such as the type Home Depot and Amazon offer. Mr. Dyer stated the any new structure would have to meet zoning and building requirements. Commissioner Kelsey Kohn inquired if this was only an option for house on a two (2) acre lot or larger. Mr. Dyer stated that staff is recommending that ADUs be allowed in all of Merriam’s single-family zoning districts. Commissioner Sarah Limbocker inquired if the ADUs would be eligible for the sustainability and exterior grants. Mr. Dyer stated yes, they would. Commissioner Shawn McConnell inquired if it changes the allowable number of accessory uses on a lot. Mr. Dyer stated it does not. Commissioner Kelsey Kohn inquired what would happen if the primary owner leaves or sells the home. Mr. Dyer stated the ADU has to be one lot or parcel, so the properties would always be under one ownership. Chairperson Bill Bailey inquired how the City of Prairie Village is enforcing the occupancy of a family member every three (3) years. Mr. Dyer stated he is unaware how that could be reinforced and it is not policy that staff is recommending. Page 2 of 5 Planning Commission Minutes November 6, 2024 Chairperson Bill Bailey inquired if a detached ADU has to meet the same code requirements. Mr. Dyer stated it would have the same code requirements as the primary structure if it were detached. Chairperson Bill Bailey inquired if an ADU could be added as an addition to an existing garage. Mr. Dyer stated yes, but there are size restrictions in relation to the primary structure. Mr. Dyer stated that the ADUs would be approximately 500-1,000 sq. ft. in size. Chairperson Bill Bailey inquired about Roeland Park going through the Planning Commission and City Council for approval. Mr. Dyer stated that staff is recommending that ADUs be administratively approved. Chairperson Bill Bailey inquired how staff would decern if a family member was living in the ADU. Mr. Dyer stated that is not what staff is proposing. Mr. Dyer stated that the ADUs would require their own address point. Mr. Dyer stated that new ADU construction would require their own separate Johnson County wastewater, water, and electrical connection as required by Johnson County. Commissioner Kelsey Kohn stated that made sense if it was a detached ADU but what if it was an attached ADU. Mr. Dyer stated that an attached ADUs will not be required to have separate utility connections. Commissioner Shawn McConnell inquired about different address point. Mr. Dyer stated all ADUs will be required to have their own address and exterior entrance. Mr. Dyer stated that the ADUs will have to meet all the building codes that are currently in place. Commissioner Sarah Limbocker inquired if new ADUs will be required to send out notification to neighbors. Mr. Dyer stated there would be no requirement. Commissioner Shawn McConnell inquired if the homeowner would go through the rental process. Mr. Dyer stated that if either the primary dwelling or ADU are leased, they will be required to obtain a landlord license. Commissioner Sarah Limbocker inquired if the property is owned by a Trust or LLC. Mr. Dyer stated that staff is experienced in handling those type of ownerships and know how to proceed. Chairperson Bill Bailey inquired if a newly constructed ADU would be required to have materials matching the primary residence. Mr. Dyer stated yes, they would. Page 3 of 5 Planning Commission Minutes November 6, 2024 Commissioner Shawne McConnell ask for clarification of what the code stated regarding the materials. Mr. Dyer reviewed the code stating the materials would need to be “similar or compatible”. Commissioner Mitchell Fowler inquired if a resident proposed to build an ADU over a 2-car garage would it require a variance. Mr. Dyer stated that would likely not require a variance, but would need a one-hour firewall. Commissioner Shawn McConnell inquired if there would also need to be a 1-hour firewall on doors. Mr. Dyer stated most likely. Commissioner Sarah Limbocker inquired if there would be a requirement for a fire assembly and carbon monoxide monitor. Mr. Dyer stated yes. Chairperson Bill Bailey inquired if ADUs would have to meet American Disability Act (ADA) requirements. Mr. Dyer stated it would not be required for a residential structure. Chairperson Bill Bailey inquired if there would be a 10-foot rear set back requirement if the ADU was near an alley. Mr. Dyer stated the set-back requirements are in the existing code and that alleys are right-of way. Commissioner Kelsey Kohn inquired if an ADU could be in a basement. Mr. Dyer stated in would have to have an egress window and meet all the other building code requirements. Commissioner Sarah Limbocker inquired if the kitchen and living room could be an open floor plan. Mr. Dyer stated yes as long as it met the International Property Maintenance Code requirements. Mr. Dyer stated that the Planning Commission would have a meeting in December to review the draft ordinance if there was a consensus to move forward. The Planning Commissioners were in consensus to move forward and will review the draft ordinance on the December 4th Planning Commission Meeting. Page 4 of 5 Planning Commission Minutes November 6, 2024 V. BUSINESS FROM THE FLOOR • Merriam Grand Station has occupancy on the east building and a number of businesses are open. Jersey Mikes and Treats Unleashed should be opening soon. The tenant Finish permits for 30 Hop and Homegrown have been issued. • Friday November 15th there will be a pre-construction meeting to discuss the utility undergrounding at Merriam Grand Station. • Staff continues to meet with the Army Corp of Engineers regarding the Downtown flood mitigation project. Commissioner Sarah Limbocker inquired if there had been any activity on the Strawberry Hill Povitica building. Mr. Dyer stated that staff has not received any plans/applications. VI. UNFINISHED BUSINESS None VII. OLD BUSINESS The Planning Commissioners expressed their accolades to former Planning Commissioner Reuben Cozmyer for all the time and effort served on the Planning Commission over the past seven (7) years and wish him the best of luck in his new role as a City Council member serving the community representing Ward 4. 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 8:25 p.m. Respectfully Submitted, Nancy B. Yoakum Recording Secretary Approved: Page 5 of 5  MEMORANDUM DATE: December 4, 2024 TO: Planning Commission FROM: Bryan P. Dyer, Community Development Director RE: Ordinance amending Chapter 74, Article VIII – Accessory Uses to allow for accessory dwelling units (ADUs) 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. On November 6, 2024, the Planning Commission reviewed the ADU information, discussed Council’s comments, and concurred with their suggestions. The Commission then directed staff to draft an ordinance allowing ADUs based on the information they had received and the ensuing discussion. Attached is the draft ordinance in two forms. One draft shows the revisions and changes recommended by staff. The second draft is a “clean” draft that does not highlight the revisions. Community Development staff recommends that the Planning Commission conduct a Public Hearing on the draft ordinance revising the city’s accessory use regulations related to ADUs in single family zoning districts, close the Public Hearing, and then forward a recommendation of approval to the City Council. Page 1 of 1  ORDINANCE NO. __________ AN ORDINANCE AMENDING SECTION 74-422. – PERMITTED ACCESSORY USES AND SECTION 74-424 – BULK REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF MERRIAM, KANSAS CONCERNING ZONING AND REPEALING THE SECTIONS HEREBY AMENDED. WHEREAS, on September 23, 2024, the Governing Body of the City of Merriam, Kansas directed the Merriam Planning Commission to review the city’s zoning ordinances related to accessory dwelling units; WHEREAS, on November 6, 2024, the Planning Commission reviewed the issue and directed staff to draft an ordinance addressing accessory dwelling units; WHEREAS, all newspaper notifications were performed and the Planning Commission conducted a public hearing on the matter on December 4, 2024; WHEREAS, at the same meeting the Planning Commission recommended that the Governing Body approve the proposed amendments. NOW THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF MERRIAM, KANSAS THAT: SECTION 1. Section 74-422 – Permitted accessory uses of the Code of Ordinances of the City of Merriam, Kansas is hereby repealed and amended to read as follows: Sec 74-422. – Permitted accessory uses. Any structure or use that complies with the terms of section 74-421 may be allowed as an accessory use or structure. Accessory structures and uses are included, but not limited to, the following list of examples provided that in each case such structure and use comply with the general definition of accessory use contained in section 74-421. (1) One of each of the following structures (three total structures) is permitted to be constructed behind the rear building line of the principal structure: a. Workshop, storage building, child's playhouse. b. Each individual structure may have a gross square floor area of up to 150 square feet or a gross square floor area up to an amount equal to three percent of the area located behind the rear building line of the principal structure, whichever is greater. c. No one structure shall have a gross floor area greater than 250 square feet. d. Structures shall be limited to a sidewall height of eight feet and shall not exceed 12 feet in height measured from the floor to the highest part of the roof. (2) Detached garage or carport: Page 1 of 6 DRAFT PC – 12/04/24  a. Only one detached garage or carport is permitted. b. A carport shall not exceed a gross square floor area of 800 square feet. c. For a parcel that is 10,000 square feet or smaller, the detached garage building footprint shall not exceed 800 square feet. d. For a parcel that is 10,000 square feet or larger, the detached garage building footprint may be increased by 125 square feet for each complete 1,500 square feet the parcel is over 10,000 square feet. For example, the maximum building footprint of a detached garage on an 11,500 square foot parcel is 925 square feet; for a 12,000 square foot parcel the maximum building footprint of a detached garage is 925 square feet; and for a 13,000 square foot parcel the maximum building footprint of a detached garage is 1,050. (3) A private swimming pool and bath house. Private pools having a depth of two feet or more shall meet the following conditions: a. The pool must be located behind the front building line and not less than ten feet from any rear or side lot line and in case of corner lots, not less than 30 feet from either front lot line. b. Area in which the pool is located shall be entirely enclosed and separated from the adjoining property by a protective fence or other permanent structure at least four feet in height. c. Such protective enclosure shall be provided with locks which shall be locked when the pool is not attended. d. Adequate pool drainage, filtration and chlorinating facilities shall be provided. (4) Statuary, arbors, trellises, barbecue stoves, flagpoles, fences, walls and hedges. (5) Fallout shelters, provided that they shall not be used for any principal or accessory use not permitted in the zoning district. (6) Signs, when permitted by Chapter 53. (7) Outside storage of boats, trailers, and recreational vehicles provided they are located behind the front building line and not in the required side yard. Such storage shall be on an appropriate hard surface as required in section 74-535(e). Utility trailers that are on an appropriate hard surface, forward of the front building line, attached to an operable passenger vehicle, and have been parked for less than 48 consecutive hours are not in violation of section 74- 422(7). (8) Boats, trailers, or recreational vehicles may be stored forward of the front building line on four separate, non- consecutive occurrences during any 30-day period. Each occurrence shall not exceed 72 hours in duration. The temporary storage shall meet all of the following conditions: a. The temporary storage occurs in a residential zoning district; Page 2 of 6 DRAFT PC – 12/04/24  b. The boat, trailer, or recreational vehicle shall be on an appropriate hard surface as required in section 74- 535(e); c. The boat, trailer, or recreational vehicle is located no closer than ten feet from the back of the street curb; d. The maximum coverage of the boat, trailer, or recreational vehicle is 400 square feet or less; and, e. Only one boat, trailer, or recreational vehicle shall be temporarily stored at any given time. (9) A recreational vehicle may be stored forward of the front building line for an extended period of seven consecutive days. Extended period storage can occur on two separate, non-consecutive occurrences in a calendar year. The extended period storage shall be done in accordance with section 74-422(8)a. through e. The owner of the property on which the storage is to occur shall notify the community development director, or their designee, prior to the start of the extended period storage. (10) In industrial districts only, trailers used to transport materials or equipment off-site in the normal course of business may be parked on the property occupied by such business forward of the front building line but no closer than 15 feet from the street right-of-way line, not in a required side yard or required vision clearance triangle, and on an appropriate hard surface as required in section 74-535(e). (11) Restaurants, drug stores, gift shops, clubs, lounges and newsstands, when located in a permitted hotel, motel or office building. (12) Employee restaurants and cafeterias, when located in a permitted business, manufacturing or industrial building. (13) Satellite dish antennas shall meet the following standards: a. Shall be ground-mounted and shall not exceed 13 feet in height above the grade where it is mounted. b. Any satellite dish antenna shall be located within the rear yard and shall be located a distance inside the property line at least equal to its height. c. All cables and lines serving the satellite dish antenna shall be located underground. d. One per building. e. Not less than 30 feet from right-of-way. f. Antenna shall be screened from neighboring property and streets. (14) Solar collection system when such system complies with the requirements set forth in ARTICLE XI of this chapter, solar collection systems. (15) Accessory dwelling unit (ADU) when located in a residential zoning district. a. An accessory dwelling unit is an accessory structure to a principal single- family dwelling unit on the same lot or parcel. This includes a building or part of a building that provides complete independent living facilities for one Page 3 of 6 DRAFT PC – 12/04/24  family, including a kitchen, living room, bathroom, and bedroom. The accessory dwelling unit can be attached to the principal single-family dwelling or a detached structure on the same lot or parcel as the principal single-family dwelling. b. An ADU may be: 1. Constructed as a new structure; or 2. Constructed as a new, attached structure to the existing principal single- family dwelling; or, 3. Adapted from an existing accessory structure; or 4. Adapted from a portion of the principal single-family dwelling. c. Only one ADU is allowed on a lot or parcel. d. The property owner must occupy the principal single-family dwelling or the ADU. e. Detached ADUs shall be set back at least six feet behind the front building line of the principal single-family dwelling. f. Attached ADUs and the principal single-family dwelling must be separated by a fire wall that meets the building codes adopted by the city. g. Attached ADUs must conform to the principal single-family dwelling setbacks for the applicable zoning district. h. The construction of a new detached accessory dwelling unit must include the necessary dedication of easements for providing separate utility connections to each dwelling unit. i. The ADU design and construction, whether it be attached or detached, shall be similar to or compatible with the design and construction of the principal single- family dwelling. The exterior building materials and colors shall be similar to the principal single-family dwelling. j. The ADU cannot exceed a gross floor area of 1,000 square feet or more than 50 percent of the principal single-family dwelling’s floor area, whichever is less. k. The ADU shall not have more than two bedrooms. l. The ADU shall not exceed the height of the principal dwelling unit nor shall the height exceed two stories. m. The ADU shall not cause the lot’s total impervious (buildings, pavement, asphalt, and/or similar surfaces) surface coverage to exceed 75 percent. n. The ADU shall meet building code requirements as adopted by the city. o. An attached ADU shall have a separate entrance. p. The ADU shall obtain a separate address. q. The ADU shall provide one off-street parking space with access to a public street via driveway. The ADU and principal single-family dwelling’s parking and driveway shall meet the standards established in Article XII of this chapter. The ADU’s parking space may be located in that portion of the principal single- family dwelling’s existing driveway that is not located within the street right- of-way. r. For the adaptation of an existing accessory structure(s) to create an accessory dwelling unit, the community development director can approve exceptions to these requirements. Page 4 of 6 DRAFT PC – 12/04/24 SECTION 2. Section 74-424 – Bulk regulations of the Code of Ordinances of the City of Merriam, Kansas is hereby amended to read as follows: 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. Sec. 74-424. Bulk regulations. (a) Setbacks 1. Accessory structures shall maintain a minimum seven- foot setback from a rear lot line. When an alley 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 structure must be located a minimum of ten feet from any principal structure. 4. Accessory structures, with the exception of an ADU, shall be located a minimum of 60 feet from the front lot line. 5. Accessory structures 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, with the exception of an ADU, shall be located a minimum of 60 feet from the front lot line along the street on which the principal structure is addressed and its main entrance is located and a minimum of 30 feet from any other front lot line. 7. For corner lots or other lots with more than one front lot line where the principal structure’s main entrance does not face the street on which it is addressed; accessory structures, with the exception of an ADU, shall be located a minimum of 60 feet from the front lot line along the street where the principal structure’s main entrance is located and a minimum of 30 feet from any other front lot line. b. Accessory structures and uses shall otherwise comply with the bulk regulations applicable in the district in which they are located. c. The maximum gross square floor area of an attached garage shall not exceed the square footage of the habitable space of the principal structure. d. The cumulative gross square floor area of all detached structures shall not exceed the square footage of the habitable space of the principal structure. Page 5 of 6 DRAFT PC – 12/04/24  e. The design and construction of any garage, whether it be attached or detached, shall be similar to or compatible with the design and construction of the principal structure. The exterior building materials and colors shall be similar to the main building. f. A structure that was originally constructed as a detached accessory structure without habitable space shall not be retrofitted to include habitable space. SECTION 3. Those sections of Chapter 74 of the Code of Ordinances of the City of Merriam, Kansas not heretofore repealed shall remain in full force and effect. SECTION 4. If any section, subsection, sentence, clause, or phrase of this Ordinance is, for any reason, held to be invalid, such invalidity shall not affect the validity of the remaining portions of this Ordinance and the Governing Body hereby declares that it would have passed the remaining portions of this Ordinance if it would have known that such part or parts thereof would be declared invalid. SECTION 5. Section 74-422 and Section 74-424 of the Code of Ordinances of the City of Merriam, Kansas as they existed prior to the above amendments are hereby repealed. SECTION 6. This ordinance shall be in full force and effect from and after its passage, approval, and publication in the official city newspaper, all as provided by law. PASSED by the Governing Body this 13th day of January, 2025. APPROVED AND SIGNED by the Mayor this 13th day of January, 2025. ___________________________________ (Seal) Bob Pape, Mayor ATTEST: _______________________________ Juliana Pinnick, City Clerk APPROVED AS TO FORM: ________________________________ Ryan Denk, City Attorney Page 6 of 6 DRAFT PC – 12/04/24  ORDINANCE NO. __________ AN ORDINANCE AMENDING SECTION 74-422. – PERMITTED ACCESSORY USES AND SECTION 74-424 – BULK REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF MERRIAM, KANSAS CONCERNING ZONING AND REPEALING THE SECTIONS HEREBY AMENDED. WHEREAS, on September 23, 2024, the Governing Body of the City of Merriam, Kansas directed the Merriam Planning Commission to review the city’s zoning ordinances related to accessory dwelling units; WHEREAS, on November 6, 2024, the Planning Commission reviewed the issue and directed staff to draft an ordinance addressing accessory dwelling units; WHEREAS, all newspaper notifications were performed and the Planning Commission conducted a public hearing on the matter on December 4, 2024; WHEREAS, at the same meeting the Planning Commission recommended that the Governing Body approve the proposed amendments. NOW THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF MERRIAM, KANSAS THAT: SECTION 1. Section 74-422 – Permitted accessory uses of the Code of Ordinances of the City of Merriam, Kansas is hereby repealed and amended to read as follows: Sec 74-422. – Permitted accessory uses. Any structure or use that complies with the terms of section 74-421 may be allowed as an accessory use or structure. Accessory structures and uses are included, but not limited to, the following list of examples provided that in each case such structure and use comply with the general definition of accessory use contained in section 74-421. (1) One of each of the following structures (three total structures) is permitted to be constructed behind the rear building line of the principal structure: a. Workshop, storage building, child's playhouse. b. Each individual structure may have a gross square floor area of up to 150 square feet or a gross square floor area up to an amount equal to three percent of the area located behind the rear building line of the principal structure, whichever is greater. c. No one structure shall have a gross floor area greater than 250 square feet. d. Structures shall be limited to a sidewall height of eight feet and shall not exceed 12 feet in height measured from the floor to the highest part of the roof. (2) Detached garage or carport: Page 1 of 6 DRAFT PC – 12/04/24  a. Only one detached garage or carport is permitted. b. A carport shall not exceed a gross square floor area of 800 square feet. c. For a parcel that is 10,000 square feet or smaller, the detached garage building footprint shall not exceed 800 square feet. d. For a parcel that is 10,000 square feet or larger, the detached garage building footprint may be increased by 125 square feet for each complete 1,500 square feet the parcel is over 10,000 square feet. For example, the maximum building footprint of a detached garage on an 11,500 square foot parcel is 925 square feet; for a 12,000 square foot parcel the maximum building footprint of a detached garage is 925 square feet; and for a 13,000 square foot parcel the maximum building footprint of a detached garage is 1,050. (3) A private swimming pool and bath house. Private pools having a depth of two feet or more shall meet the following conditions: a. The pool must be located behind the front building line and not less than ten feet from any rear or side lot line and in case of corner lots, not less than 30 feet from either front lot line. b. Area in which the pool is located shall be entirely enclosed and separated from the adjoining property by a protective fence or other permanent structure at least four feet in height. c. Such protective enclosure shall be provided with locks which shall be locked when the pool is not attended. d. Adequate pool drainage, filtration and chlorinating facilities shall be provided. (4) Statuary, arbors, trellises, barbecue stoves, flagpoles, fences, walls and hedges. (5) Fallout shelters, provided that they shall not be used for any principal or accessory use not permitted in the zoning district. (6) Signs, when permitted by Chapter 53. (7) Outside storage of boats, trailers, and recreational vehicles provided they are located behind the front building line and not in the required side yard. Such storage shall be on an appropriate hard surface as required in section 74-535(e). Utility trailers that are on an appropriate hard surface, forward of the front building line, attached to an operable passenger vehicle, and have been parked for less than 48 consecutive hours are not in violation of section 74- 422(7). (8) Boats, trailers, or recreational vehicles may be stored forward of the front building line on four separate, non- consecutive occurrences during any 30-day period. Each occurrence shall not exceed 72 hours in duration. The temporary storage shall meet all of the following conditions: a. The temporary storage occurs in a residential zoning district; Page 2 of 6 DRAFT PC – 12/04/24  b. The boat, trailer, or recreational vehicle shall be on an appropriate hard surface as required in section 74- 535(e); c. The boat, trailer, or recreational vehicle is located no closer than ten feet from the back of the street curb; d. The maximum coverage of the boat, trailer, or recreational vehicle is 400 square feet or less; and, e. Only one boat, trailer, or recreational vehicle shall be temporarily stored at any given time. (9) A recreational vehicle may be stored forward of the front building line for an extended period of seven consecutive days. Extended period storage can occur on two separate, non-consecutive occurrences in a calendar year. The extended period storage shall be done in accordance with section 74-422(8)a. through e. The owner of the property on which the storage is to occur shall notify the community development director, or their designee, prior to the start of the extended period storage. (10) In industrial districts only, trailers used to transport materials or equipment off-site in the normal course of business may be parked on the property occupied by such business forward of the front building line but no closer than 15 feet from the street right-of-way line, not in a required side yard or required vision clearance triangle, and on an appropriate hard surface as required in section 74-535(e). (11) Restaurants, drug stores, gift shops, clubs, lounges and newsstands, when located in a permitted hotel, motel or office building. (12) Employee restaurants and cafeterias, when located in a permitted business, manufacturing or industrial building. (13) Satellite dish antennas shall meet the following standards: a. Shall be ground-mounted and shall not exceed 13 feet in height above the grade where it is mounted. b. Any satellite dish antenna shall be located within the rear yard and shall be located a distance inside the property line at least equal to its height. c. All cables and lines serving the satellite dish antenna shall be located underground. d. One per building. e. Not less than 30 feet from right-of-way. f. Antenna shall be screened from neighboring property and streets. (14) Solar collection system when such system complies with the requirements set forth in ARTICLE XI of this chapter, solar collection systems. (15) Accessory dwelling unit (ADU) when located in a residential zoning district. a. An accessory dwelling unit is an accessory structure to a principal single- family dwelling unit on the same lot or parcel. This includes a building or part of a building that provides complete independent living facilities for one Page 3 of 6 DRAFT PC – 12/04/24  family, including a kitchen, living room, bathroom, and bedroom. The accessory dwelling unit can be attached to the principal single-family dwelling or a detached structure on the same lot or parcel as the principal single-family dwelling. b. An ADU may be: 1. Constructed as a new structure; or 2. Constructed as a new, attached structure to the existing principal single- family dwelling; or, 3. Adapted from an existing accessory structure; or 4. Adapted from a portion of the principal single-family dwelling. c. Only one ADU is allowed on a lot or parcel. d. The property owner must occupy the principal single-family dwelling or the ADU. e. Detached ADUs shall be set back at least six feet behind the front building line of the principal single-family dwelling. f. Attached ADUs and the principal single-family dwelling must be separated by a fire wall that meets the building codes adopted by the city. g. Attached ADUs must conform to the principal single-family dwelling setbacks for the applicable zoning district. h. The construction of a new detached accessory dwelling unit must include the necessary dedication of easements for providing separate utility connections to each dwelling unit. i. The ADU design and construction, whether it be attached or detached, shall be similar to or compatible with the design and construction of the principal single- family dwelling. The exterior building materials and colors shall be similar to the principal single-family dwelling. j. The ADU cannot exceed a gross floor area of 1,000 square feet or more than 50 percent of the principal single-family dwelling’s floor area, whichever is less. k. The ADU shall not have more than two bedrooms. l. The ADU shall not exceed the height of the principal dwelling unit nor shall the height exceed two stories. m. The ADU shall not cause the lot’s total impervious (buildings, pavement, asphalt, and/or similar surfaces) surface coverage to exceed 75 percent. n. The ADU shall meet building code requirements as adopted by the city. o. An attached ADU shall have a separate entrance. p. The ADU shall obtain a separate address. q. The ADU shall provide one off-street parking space with access to a public street via driveway. The ADU and principal single-family dwelling’s parking and driveway shall meet the standards established in Article XII of this chapter. The ADU’s parking space may be located in that portion of the principal single- family dwelling’s existing driveway that is not located within the street right- of-way. r. For the adaptation of an existing accessory structure(s) to create an accessory dwelling unit, the community development director can approve exceptions to these requirements. Page 4 of 6 DRAFT PC – 12/04/24 SECTION 2. Section 74-424 – Bulk regulations of the Code of Ordinances of the City of Merriam, Kansas is hereby amended to read as follows: Sec. 74-424. Bulk regulations. (a) Setbacks 1. Accessory structures shall maintain a minimum seven-foot setback from a rear lot line. When an alley 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 structure must be located a minimum of ten feet from any principal structure. 4. Accessory structures, with the exception of an ADU, shall be located a minimum of 60 feet from the front lot line. 5. Accessory structures 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, with the exception of an ADU, shall be located a minimum of 60 feet from the front lot line along the street on which the principal structure is addressed and its main entrance is located and a minimum of 30 feet from any other front lot line. 7. For corner lots or other lots with more than one front lot line where the principal structure’s main entrance does not face the street on which it is addressed; accessory structures, with the exception of an ADU, shall be located a minimum of 60 feet from the front lot line along the street where the principal structure’s main entrance is located and a minimum of 30 feet from any other front lot line. b. Accessory structures and uses shall otherwise comply with the bulk regulations applicable in the district in which they are located. c. The maximum gross square floor area of an attached garage shall not exceed the square footage of the habitable space of the principal structure. d. The cumulative gross square floor area of all detached structures shall not exceed the square footage of the habitable space of the principal structure. e. The design and construction of any garage, whether it be attached or detached, shall be similar to or compatible with the design and construction of the principal structure. The exterior building materials and colors shall be similar to the main building. SECTION 3. Those sections of Chapter 74 of the Code of Ordinances of the City of Merriam, Kansas not heretofore repealed shall remain in full force and effect. SECTION 4. If any section, subsection, sentence, clause, or phrase of this Ordinance is, for any reason, held to be invalid, such invalidity shall not affect the validity of the remaining portions Page 5 of 6 DRAFT PC – 12/04/24 of this Ordinance and the Governing Body hereby declares that it would have passed the remaining portions of this Ordinance if it would have known that such part or parts thereof would be declared invalid. SECTION 5. Section 74-422 and Section 74-424 of the Code of Ordinances of the City of Merriam, Kansas as they existed prior to the above amendments are hereby repealed. SECTION 6. This ordinance shall be in full force and effect from and after its passage, approval, and publication in the official city newspaper, all as provided by law. PASSED by the Governing Body this 13th day of January, 2025. APPROVED AND SIGNED by the Mayor this 13th day of January, 2025. ___________________________________ (Seal) Bob Pape, Mayor ATTEST: _______________________________ Juliana Pinnick, City Clerk APPROVED AS TO FORM: ________________________________ Ryan Denk, City Attorney Page 6 of 6 DRAFT PC – 12/04/24  Accessory Dwelling Units (ADUs) Planning Commission December 4, 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 • Allow ADUs by right in all single-family zoning districts Sec 74-219. – R-1 Single-Family Residential District. 1. Permitted Uses d. Accessory and temporary uses, as permitted by Article VIII of this chapter. Same for R-2, R-3, R-4, and R-5 Districts • ADU must be on the same lot/parcel as the primary unit Sec 74-421. – Definition. Any accessory use is a structure or use which: 1. Is located on the same lot as the principal building or principal use served. Existing Ordinance • 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 Sec 74-424. – Bulk regulations. a. When no alley exists, accessory buildings shall be set back seven feet from the rear lot line… 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… Existing Ordinance • An applicant aggrieved by a final decision of the Community Development Director may appeal the decision to the Board of Zoning Appeals. Sec 50-77. – Administration. b. Appeals to the board of zoning appeals may be taken by any person aggrieved, or by any officer of the city, county or any governmental agency or body affected by any decision of the officer administering the provisions of the zoning ordinance. The board shall….. Draft Ordinance (15) Accessory dwelling unit (ADU) when located in a residential zoning district. • Allow attached or detached ADU • 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 • Existing structure can be converted into an accessory dwelling unit a. An accessory dwelling unit is an accessory structure to a principal single-family dwelling unit on the same lot or parcel. This includes a building or part of a building that provides complete independent living facilities for one family, including a kitchen, living room, bathroom, and bedroom. The accessory dwelling unit can be attached to the principal single-family dwelling or a detached structure on the same lot or parcel as the principal single-family dwelling. b. An ADU may be: 1. Constructed as a new structure; or 2. Constructed as a new, attached structure to the existing principal single-family dwelling; or, 3. Adapted from an existing accessory structure; or 4. Adapted from a portion of the principal single-family dwelling. Draft Ordinance • ADU must be on the same lot/parcel as the primary unit c. Only one ADU is allowed on a lot or parcel. • The property owner must occupy the principal or accessory dwelling unit d. The property owner must occupy the principal single-family dwelling or the ADU. • Attached ADUs must have one (1) hour fire wall separation between the primary dwelling unit f. Attached ADUs and the principal single-family dwelling must be separated by a fire wall that meets the building codes adopted by the city. Draft Ordinance • 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 e. Detached ADUs shall be set back at least six feet behind the front building line of the principal single-family dwelling. g. Attached ADUs must conform to the principal single-family dwelling setbacks for the applicable zoning district. • New detached ADUs must have separate utility connections h. The construction of a new detached accessory dwelling unit must include the necessary dedication of easements for providing separate utility connections to each dwelling unit. i. The ADU design and construction, whether it be attached or detached, shall be similar to or compatible with the design and construction of the principal single-family dwelling. The exterior building materials and colors shall be similar to the principal single-family dwelling. Draft Ordinance • ADUs cannot exceed one-thousand (1,000) square feet or fifty (50) percent of the principal structure’s floor area – whichever is less j. The ADU cannot exceed a gross floor area of 1,000 square feet or more than 50 percent of the principal single-family dwelling’s floor area, whichever is less. • Accessory dwelling unit must have a kitchen, living room, bathroom, and one or two bedrooms k. The ADU shall not have more than two bedrooms. ADU cannot exceed two stories or the height of the principal building l. The ADU shall not exceed the height of the principal dwelling unit nor shall the height exceed two stories. • ADU and principal structure cannot cause the lot’s impervious surface (building, pavement, concrete, etc.) coverage to exceed seventy-five percent m. The ADU shall not cause the lot’s total impervious (buildings, pavement, asphalt, and/or similar surfaces) surface coverage to exceed 75 percent. Draft Ordinance n. The ADU shall meet building code requirements as adopted by the city. • ADU must have its own entrance and street address o. An attached ADU shall have a separate entrance. p. The ADU shall obtain a separate address. • ADU must have access to one off-street parking space. The space can be provided by the principal structure’s existing driveway q. The ADU shall provide one off-street parking space with access to a public street via driveway. The ADU and principal single-family dwelling’s parking and driveway shall meet the standards established in Article XII of this chapter. The ADU’s parking space may be located in that portion of the principal single-family dwelling’s existing driveway that is not located within the street right-of-way. 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 r. For the adaptation of an existing accessory structure(s) to create an accessory dwelling unit, the community development director can approve exceptions to these requirements. Draft Ordinance • No restrictions on short term rentals Accessory Structure Setback 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  Draft Ordinance Sec. 74-424. Bulk regulations a. Setbacks 1. Accessory structures shall maintain a minimum seven- foot setback from a rear lot line. When an alley 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 structure must be located a minimum of ten feet from any principal structure. 4. Accessory structures, with the exception of an ADU, shall be located a minimum of 60 feet from the front lot line. 5. Accessory structures 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, with the exception of an ADU, shall be located a minimum of 60 feet from the front lot line along the street on which the principal structure is addressed and its main entrance is located and a minimum of 30 feet from any other front lot line. 7. For corner lots or other lots with more than one front lot line where the principal structure’s main entrance does not face the street on which it is addressed; accessory structures, with the exception of an ADU, shall be located a minimum of 60 feet from the front lot line along the street where the principal structure’s main entrance is located and a minimum of 30 feet from any other front lot line.  Draft Ordinance b. Accessory structures and uses shall otherwise comply with the bulk regulations applicable in the district in which they are located. c. The maximum gross square floor area of an attached garage shall not exceed the square footage of the habitable space of the principal structure. d. The cumulative gross square floor area of all detached structures shall not exceed the square footage of the habitable space of the principal structure. e. The design and construction of any garage, whether it be attached or detached, shall be similar to or compatible with the design and construction of the principal structure. The exterior building materials and colors shall be similar to the main building. f. A structure that was originally constructed as a detached accessory structure without habitable space shall not be retrofitted to include habitable space. Next Step • Public Hearing • Consider forwarding a recommendation for approval to the City Council