Planning Commission

Planning Commission Agenda City Hall, 9001 W. 62nd Street April 2, 2025 - 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. Work Session immediately following the Regular Meeting I. CALL TO ORDER II. ROLL CALL III. APPROVAL OF MINUTES 1. Approval of Minutes of February 5, 2025 Planning Commission Meeting 02-05-25 PC Minutes (DRAFT) IV. BUSINESS TO BE CONDUCTED 1. Consider finding that the redevelopment project plan for the Shawnee Mission Parkway, IKEA Way, W. 62nd Terrace, and Antioch Road Redevelopment Project Plan Area, Project Area O is consistent with the intent of the Merriam Comprehensive Plan 2040. Staff Report - Redevelopment Project Plan, Project Area O Project Plan Project Area O V. BUSINESS FROM THE FLOOR VI. UNFINISHED BUSINESS VII. OLD BUSINESS VIII. ADJOURNMENT IX. WORK SESSION 1. Planning Commission Work Session - Apr 02 2025 - Agenda - Pdf Respectfully submitted, Bryan P. Dyer, AICP Community Development Director Planning Commission Minutes February 5, 2025 REGULAR PLANNING COMMISSION MEETING CITY OF MERRIAM, KANSAS 9001 W. 62nd ST. COUNCIL CHAMBERS MINUTES FEBRUARY 5, 2025 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, February 5, 2025 with the Chairperson inviting everyone present to participate in the Pledge of Allegiance to the Flag. II. ROLL CALL Members Present: Bill Bailey, Chairperson Nida Dillon Kelsey Kohn Sarah Limbocker Cole Stephens Shawn McConnell, Vice Chairperson Members Absent: Mitchell Fowler, Russ Harmon, Daniel Molina Also Present: Bryan Dyer, Community Development Director, Nancy Yoakum, Recording Secretary, Jazmin Bustos, Planner. III. APPROVAL OF MINUTES OF DECEMBER 4, 2024 Chairperson Bill Bailey stated that the Planning Commission members had received a copy of the December 4, 2025 meeting minutes and asked if there were any corrections or additions. Hearing no additional comments, Chairperson Bill Bailey entertained a motion. SARAH LIMBOCKER MOVED THAT THE MINUTES OF THE PLANNING COMMISSION MEETING OF DECEMBER 4, 2024 BE APPROVED. SHAWN MCCONNELL SECONDED THE MOTION. THE MOTION WAS UNANIMOUSLY APPROVED. IV. BUSINESS TO BE CONDUCTED 1. Election of Officers Community Development Director, Bryan Dyer, explained to the Planning Commission that per the Commission’s By-Laws, the election of officers occurs at the Commission’s first meeting of the year. Mr. Dyer stated that election of officers is typically at the end of the agenda, but since the Commission’s Secretary position is vacant because of Mr. Cozmyer becoming a Council member and that there are two plats on this evening’s agenda that will need to be signed by the Secretary, the election of officers is the first business item. Page 1 of 4 Planning Commission Minutes February 5, 2025 Mr. Dyer also explained that the by-laws do not state the election process, but that the Commission traditionally elects a “slate” of officers. Mr. Dyer then reviewed the current officers and their duties. Commissioner McConnell stated that he does not wish to be re-elected Vice Chairperson. Mr. McConnell is the chairperson of the City’s Public Art Committee and in conversations with the Mayor, there were concerns of Mr. McConnell potentially chairing a Planning Commission and an Art Committee meeting. Mr. McConnell stated that he would be willing to serve as the Secretary. The Commission asked if nominating Commissioner Stephens as the Vice Chairperson would have similar concerns as Commissioner McConnell, since Commissioner Stephens is the Vice Chairperson of the Board of Zoning Appeals. Mr. Dyer stated that since the Board of Zoning Appeals meets infrequently and Commissioner Stephens is the Vice Chairperson, not the Chair there was not the same level of concern. SHAWN MCCONNELL MOVED THAT THE 2025 PLANNING COMMISSION OFFICERS BE BILL BAILEY, CHAIRPERSON; COLE STEPHENS, VICE CHAIRPERSON; AND SHAWN MCCONNELL, SECRETARY. KELSEY KOHN SECONDED THE MOTION. THE MOTION WAS UNANIMOUSLY APPROVED. 2. PA24-000005 – Ingala Estates Final Plat – 5156 and 5206 Hayes Street Community Development Director Bryan Dyer presented the application by stating this is a final plat of two existing parcels that are zoned R-1 (Single Family Residential) District. The final plat will create two buildable lots that meet R-1 District bulk requirements. Mr. Dyer stated that there is an existing single-family residence on the north portion of the parcels and that will remain. Commission Shawn McConnell asked if the existing residence will meet setback requirements after the replat is filed. Mr. Dyer stated that the applicant had provided an “existing conditions” survey showing the residence will meet setback requirements with the proposed new lot lines. Chairperson Bill Bailey asked in the applicant wished to make a presentation. Steve Ingala, property owner, stated that the home and property had been in the family for a number of years and he was grateful for the opportunity to building another family home. SHAWN MCCONNELL MOVED THAT THE PLANNING COMMISSION APPROVE, WITH THE CONDITION LISTED IN THE STAFF REPORT, PA24-000005 – INGALA ESTATE FINAL PLAT, FOR PROPERTY LOCATED AT 5156 AND 5206 HAYES STREET, AND FORWARDING THE PLAT TO THE CITY COUNCIL FOR THE ACCEPTANCE OF EASEMENTS DEDICATED BY THE PLAT. COLE STEPHENS SECONDED THE MOTION. THE MOTION WAS UNANIMOUSLY APPROVED. Page 2 of 4 Planning Commission Minutes February 5, 2025 3. PA25-000001 – South Park Addition No. 1 – 8802 W. 49th Terrace Plat Community Development Director Bryan Dyer presented the application by stating this is a final plat of a parcel zoned R-1 (Single Family Residential) District. The final plat will create two buildable lots that meet R-1 District bulk requirements. Commission Shawn McConnell asked for the width dimension of the lots. Mr. Dyer stated that both lots will of a width of 75 feet, which meets the R-1 District lot width requirements. The applicant was present and stated they would be glad to answer any questions. The were no questions for the applicant. KELSEY KOHN MOVED THAT THE PLANNING COMMISSION APPROVE PA25-000001 – SOUTH PARK ADDITION NO. 1 FINAL PLAT, FOR PROPERTY LOCATED AT 8802 W 49TH TERRACE, AND FORWARDING THE PLAT TO THE CITY COUNCIL FOR THE ACCEPTANCE OF EASEMENTS DEDICATED BY THE PLAT. SHAWN MCCONNELL SECONDED THE MOTION. THE MOTION WAS UNANIMOUSLY APPROVED. 4. Comprehensive Plan Annual Report Community Development Director Bryan Dyer explained to the Commission that per state statutes, annually the commission is to review the city’s comprehensive plan. Mr. Dyer stated that the city’s comprehensive plan – Merriam Comprehensive Plan 2040, was recently adopted. Since the plan’s adoption, the city has adopted a number of new area and transportation plans that align with goals of the Merriam Comprehensive Plan 2040. Part of that adoption process for those plans was a review of the Comprehensive Plan. Mr. Dyer stated that since the city did not adopt any new plans in 2024, the staff memo in the Commission’s packet is the annual comprehensive Plan review for 2024. Mr. Dyer then reviewed the staff memo and the city accomplishments and activities and how the meet the Merriam Comprehensive Plan 2040 key goals. Mr. Dyer stated that based on the effectiveness of the Comprehensive Plan, staff was recommending that that plan not be updated at this time and asked that the Commission accept staff’s memo. SARAH LIMBOCKER MOVED THAT THE PLANNING COMMISSION ACCEPT STAFF’S MERRIAM COMPREHENSIVE PLAN 2040 REVIEW MEMO. COLE STEPHENS SECONDED THE MOTION. THE MOTION WAS UNANIMOUSLY APPROVED. V. BUSINESS FROM THE FLOOR • The City Council approved the accessory dwelling unit amendment as recommended by the Planning Commission. • Merriam Grand Station continues as scheduled. • Undergrounding of utilities along Shawnee Mission Parkway is on-going. Chairperson Bill Bailey asked if there was additional conduit space for future expansion or utilities. Mr. Dyer responded that there is additional space. Page 3 of 4 Planning Commission Minutes February 5, 2025 • The new Mercedes Benz dealership building was issued a Certificate of Occupancy. Commission Kohn asked what Aristocrat’s plans are for the existing Mercedes Benz building. Mr. Dyer stated that Aristocrat plans to utilize it for their pre-owned vehicle sales. • Commissioner Sara Limbocker asked about the City’s involvement in the preparations for the 2026 World Cup. Mr. Dyer responded that the city has been part of a number of area committees that are working on the event preparations. • Mr. Dyer stated that next week the City would obtain ownership of the Johnson County Library buildings and properties that are along and north of Shawnee Mission Parkway. • Mr. Dyer stated that the City will consider development proposal for the area. • Commissioner Shawn McConnell stated the need for a pedestrian connection between the north and south sides of Shawnee Mission Parkway, other than on-street crosswalks. Mr. McConnell stressed that the city needs to consider options, such as a pedestrian bridge to be part of the development of the north side. 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. BILL BAILEY MOVED FOR ADJOURNMENT. The meeting was adjourned at 7:35 p.m. Respectfully Submitted, Nancy B. Yoakum Nancy B. Yoakum Recording Secretary Page 4 of 4  MEMORANDUM DATE: April 2, 2025 TO: City of Merriam Planning Commission FROM: Bryan P. Dyer, Community Development Director RE: Shawnee Mission Parkway, IKEA Way, W. 62nd Terrace, and Antioch Road Redevelopment Project Plan, Project Area O Background On March 31, 2025, the Merriam City Council considered expanding I-35 Redevelopment District and creating a new Redevelopment Project Area, Project Area O. Project Area O will encompass an area bounded by Shawnee Mission Parkway, IKEA Way, W. 62nd Terrace, and Antioch Road. The library properties that the city recently purchased are included in the project area. It is anticipated that the area will redevelop, requiring public participation in the form of TIF financing in order to make the redevelopment financially feasible. If the City Council approves the amended I-35 Redevelopment District it will create Project Area O. The next step is the consideration of adopting a project plan for Project Area O. Kansas State Statutes detail the process for considering a project plan. The first step is for the Planning Commission to considering finding that the “project plan is consistent with the intent of the comprehensive plan for the development of the city” (KSA 12-1772(b)). Attached is the Shawnee Mission Parkway, IKEA Way, W. 62nd Terrace, and Antioch Road Redevelopment Project Plan, Project Area O (the “Project Plan”). The Project Plan states that the redevelopment of the subject area will consist of “one to four commercial retail buildings ranging in size from 1,500 to 20,000 square feet and parking for the commercial buildings, and any necessary infrastructure in support of the Project Plan, including utility relocation and the construction of a multistory parking structure to support the multi-family project.” The Shawnee Mission Parkway Corridor Plan and Merriam Comprehensive Plan 2040 emphasizes the importance of infill redevelopment of existing commercial areas. One of the redevelopment scenarios outlined in the Corridor Plan shows a commercial and residential/mixed use development occurring within Project Area O. A goal of the Merriam Comprehensive Plan 2040 is “Support the Revitalization and Redevelopment of Key Existing Retail and Commercial Properties”. Finding The Project Plan promotes the redevelopment of existing commercial areas and it supports the major goals and tenants of the Shawnee Mission Parkway Corridor Plan and Merriam Comprehensive Plan 2040. Based on the information contained within this memo, staff recommends that the Planning Commission find the Shawnee Mission Parkway, IKEA Way, W. 62nd Terrace, and Antioch Road Redevelopment Project Plan, Project Area O is consistent with the intent of the comprehensive plan for the development of the city.  REDEVELOPMENT PROJECT PLAN Shawnee Mission Parkway, IKEA Way, W. 62nd Terrace, and Antioch Road Redevelopment Project Plan I-35 Redevelopment District Project Area O Merriam, Kansas I. Introduction Kansas Statutes, K.S.A. 12-1770, et seq., as amended (the “Act”), permit cities to establish redevelopment districts and carry out redevelopment projects within such districts. Redevelopment districts may be created in areas that were established as Kansas Enterprise Zones prior to July 1, 1992, or in certain other areas as defined by the Act. U.S. Interstate 35 (I-35) traverses Merriam from the city's southern boundary at W. 75th Street to a point near the City's northeast corner at Antioch Road. Portions of the I-35 corridor within Merriam are undeveloped or underdeveloped. Responding to the need to encourage future development and redevelopment within the I-35 corridor, the City of Merriam established an Enterprise Zone in 1988. On August 22, 1994 the City of Merriam’s Governing Body adopted Ordinance No. 1222 establishing a redevelopment district, commonly known as the I-35 Redevelopment District (as subsequently expanded, the “District”), with boundaries identical to the Enterprise Zone and adopted the redevelopment district plan for the District (as subsequently amended, the “District Plan”) by Resolution A-573 on July 25, 1994. The District Plan identifies potential redevelopment project areas within the District and the suitability of each area for redevelopment. The District Plan was amended by Ordinance 1412, adopted December 17, 2001, adding the vacant Water District No. 1 property at 6500 Carter Avenue and certain excess Kansas Department of Transportation I-35 right-of-way to the list of potential redevelopment project areas. The District Plan was further amended and the boundaries modified by the addition of area to the District by Ordinance No. 1464 passed by the Governing Body of the City on March 22, 2004. In 2006, the Governing Body passed Ordinance No. 1536 creating Project Area G within the District Plan area. The more recent District Plan amendments include Ordinance No. 1686 that was approved by the Governing Body on April 9, 2012. That ordinance amended the District Plan by revising the descriptions and boundaries of Project Areas J and K and consolidating Areas K and L into one area, Project Area K. On July 24, 2017, the Governing Body approved Ordinance No. 1766 revising the Merriam Pointe project plan, Project Area F. The City Council approved Ordinance No. 1787 on July 23, 2018 amending the District Plan by creating a new Redevelopment District Project Area, Project Area L. Page 1 of 8 PC 04/02/25  On June 14, 2021 the City Council approved Ordinance No. 1823 adding the majority of the property at the southwest corner of Shawnee Mission Parkway and Antioch Road into the District and creating a new redevelopment project area, Project Area M. On April 25, 2022, the City Council approved Ordinance No. 1837 removing a portion of the property from the District that was added by Ordinance No. 1823. Redevelopment project area, Project Area N, was created on January 24, 2022 with the Council’s approval of Ordinance No. 1834. II. Redevelopment Project Plan This plan is the Redevelopment Project Plan (“Project Plan”) for the Shawnee Mission Parkway, IKEA Way, W. 62nd Terrace, and Antioch Road Redevelopment Project Plan Area, which is Project Area O as shown in the District Plan. This Project Plan sets forth the information required by K.S.A. 12-1772, as amended, as follows: A. Summary of the Feasibility Study K.S.A. 12-1770a(k), as amended, requires that before any redevelopment project is undertaken, a comprehensive feasibility study must be completed. The feasibility study must demonstrate that the redevelopment project’s benefits and tax increment revenue and other available revenues under K.S.A. 12-1774(a)(1), as amended, are expected to exceed or be sufficient to pay for the redevelopment project’s costs. The City’s financial advisor, Columbia Capital, prepared the feasibility study. A summary of the study follows: The City of Merriam (“City”) is sponsoring a tax increment financing project plan across two blocks between Shawnee Mission Parkway and West 62nd Terrace—the block from IKEA Way to Slater St. (“West Block”) and the block from Slater St. to Antioch Rd. (“East Block”), Project Area O in Merriam (the “Plan”). The City is undertaking the Plan in partnership with Drake Development (“Drake”). The Plan will be part of the existing and expanded I-35 Tax Increment Financing District (the “District”) and will result in the redevelopment of the former Johnson County Library building and parking lots, as well as other privately-owned parcels, into a mixed-use development to include an approximately 215 unit multifamily apartment complex, an upscale grocer and a pad site designed for one or two restaurants, along with related site work, including a parking structure and other infrastructure improvements (the “Project”). The apartment complex itself will be excluded from the District, but will benefit indirectly from TIF subsidy of structured parking and adjacent infrastructure. The Plan contemplates the use of approximately $35 million of accumulated and new TIF increment within the District to reimburse eligible project costs of both the City and Drake. In addition, the Project contemplates: (i) other economic development tools benefitting the City, including the creation of a community improvement district (“CID”) imposing a one-cent sales tax for 22 years and an Page 2 of 8 PC 04/02/25  IRB/sales tax exemption on the construction of the grocery and restaurant buildings; and, (ii) tools benefitting Drake, including the City’s issuance of one or more series of taxable industrial revenue bonds (“IRBs”) to provide a sales tax exemption on construction materials and a 10-year property tax abatement on the apartment development (which will not be part of the District). The City anticipates its total development costs to be approximately $26 million while Drake reports a $71 million total development cost budget for its portion of the Project (before incentives). The City anticipates using a variety of economic development tools to implement the Project, including TIF/Property Tax, CID/Sales Tax, and IRB/Sales Tax Exemption. The City anticipates offering two series of general obligation bonds, one taxable and one tax-exempt, to bridge the future receipt of TIF and CID reimbursements. The City anticipates funding interest on bonds from both TIF and CID proceeds, in amounts in addition to those listed above. The City anticipates offering Drake a variety of economic development incentives related to the redevelopment of the West Block, including TIF reimbursement for the construction of the parking garage, TIF reimbursement related to Drake’s site acquisition, IRB/property tax abatement on the apartments, IRB/sales tax exemption on the apartments, and fee waivers and contributions in-kind. The TIF will capture only incremental property taxes; sales taxes from the Project will inure in full to the various taxing jurisdictions. The City anticipates it will be fully reimbursed for TIF-eligible costs on or before December 31, 2037, permitting the Plan to conclude at that point. Drake will agree by contract to make payments in lieu of taxes (“PILOTs”) on the apartments at tax year 2024 assessed valuation levels. Columbia Capital finds the following: • the estimated costs of the Project are $102,942,446 • the costs of the Project will be initially paid through: (i) a combination of Drake equity, long-term private financing and incentives bridge financing totaling at least $68,212,427, with up to $230,000 in City fee waivers and approximately $2,381,110 in sales tax exemptions offsetting a portion of the Project cost; and (2) net proceeds of bonds issued by the City totaling $32,118,909 • the City will use up approximately $35.0 million in TIF reimbursement (plus reimbursement related to bond interest) to offset its development costs and those of Drake for the parking garage. Other incentives will inure to the City (CID reimbursement), Drake (IRB/property tax abatement or both (IRB/sales tax exemption). Page 3 of 8 PC 04/02/25  As such, the Plan’s benefits and TIF revenue and other available revenues under subsection (a)(1) of K.S.A. 12-1774, and amendments thereto, are expected to exceed or be sufficient to pay for the Plan’s project costs. The Plan will have no effect on any outstanding special obligation bonds payable from the revenues described in K.S.A. 12-1774(a)(1)(D), and amendments thereto. B. Redevelopment District Plan Established under K.S.A. 12-1771 (as amended): In 1994, the Governing Body established the I-35 Redevelopment District and adopted the District Plan. The Governing Body has subsequently amended the District Plan as summarized in the Introduction hereto. The District Plan defines the City’s goal to encourage sound development and redevelopment of the District to its highest potential. The District Plan identifies specific areas within the District that are either undeveloped or underdeveloped and further identifies key constraints that have hindered or inhibited the sound development thereof. The District Plan sets forth the City’s intent to establish redevelopment project areas within the District and to utilize the authority provided in K.S.A. 12-1770 et seq., as amended, to promote and assist the redevelopment of the identified areas within the District. The proposed site for the Shawnee Mission Parkway, IKEA Way, W. 62nd Terrace, and Antioch Road Redevelopment Project Plan is within the I-35 Redevelopment District and identified as Project Area O in the District Plan. Page 4 of 8 PC 04/02/25  C. Description and Map of the Area to be Redeveloped The area proposed to be redeveloped is an approximately 8-acre tract of land bounded by the centerlines of IKEA Way to the west, W. 62nd Terrace to the north, Antioch Road to the east, and Shawnee Mission Parkway to the south and the adjacent right-of-way; except that portion that is in Project Area N, which is described as Merriam Chipotle First Plat, Lot 1. Attached (Exhibit A) is a description of the redevelopment project area, Project Area O. A map of Project Area O is attached (Exhibit B) to this plan. There are seven existing buildings located in Project Area O. The buildings’ uses consist of commercial retail (two buildings), office (two buildings), facility maintenance (one building), automobile repair (one building) and a library (one building). Three of the buildings are vacant. Three of the buildings were constructed in the 1950s, one building was constructed in 1975, and the remaining three buildings were constructed in 1994. The total square footage of the buildings is 51,042 square feet with 79 percent (40,547 square feet) of the square footage being more than 65 years old. As part of amending a portion of the Project Area into the District, the City Council found that the newly added portion meets the “conservation area” criteria as described in the Act. The Project Area is located in a high traffic area that has a variety of uses. Commercial uses are located to the west, east, and in the center of the Project Area. The commercial uses include automobile sales, restaurant, and banking. Multi- and single- family residential and office uses are located to the north the Project Area. A significant mixed-use redevelopment is occurring to the south. The redevelopment includes multiple restaurants and retail stores, multi-family, and civic spaces. The Project Area is located in very close proximity to I-35 and is at the corner of two major thoroughfares – Shawnee Mission Parkway and Antioch Road. D. Relocation Assistance Plan In the event the City, in carrying out the provisions of the Act, acquires occupied real property within the District and, as a result, any persons, families and businesses move from real property located in the District, or move personal property from real property located in the District, the City shall make at least a $500 payment to all such persons, families and businesses. No persons or families currently reside in the District. Additionally, the City shall pay any damages sustained by any retailer in the District, as the term "retailer" is defined in K.S.A. 79-3702, by reason of liquidation of inventories necessitated by Page 5 of 8 PC 04/02/25  relocation from the District. E. Description of the Buildings and Facilities Proposed to be Constructed The City proposes the overall project to be a mixed-use development with multi- family and commercial buildings with structured parking. However, this Project Plan does not include the multi-family development itself. The proposed commercial buildings and structured parking are included in this Project Plan. Project Area O: The development will consist of one to four commercial retail buildings ranging in size from 1,500 to 20,000 square feet and parking for the commercial buildings, and any necessary infrastructure in support of the Project Plan, including utility relocation and the construction of a multistory parking structure to support the multi-family project. F. Other Information Expenses associated with the redevelopment of Project Area O are eligible for reimbursement to the extent allowed by the Act and any redevelopment agreement between the City and multi-family developer. Page 6 of 8 PC 04/02/25  EXHIBIT A DESCRIPTION OF REDEVELOPMENT PROJECT AREA O Beginning at the intersection of the centerlines of IKEA Way and W. 62nd Terrace; thence east along the centerline W. 62nd Terrace to the point of intersection with the centerline of Antioch Road; thence, south along the centerline of Antioch Road to the point of intersection with the centerline of Shawnee Mission Parkway; thence, west along the centerline of Shawnee Mission Parkway to the point of intersection with the centerline of Slater Street; thence, north along the centerline of Slater Street to the point where the north lot line of Merriam Chipotle First Plat, Lot 1, extended, intersects with the centerline of Slater Street; thence, west along said lot line to the west lot line of Merriam Chipotle First Plat, Lot 1; thence, south along said lot line to a point where the lot line, extended, intersect with the centerline of Shawnee Mission Parkway; thence west along the centerline of Shawnee Mission Parkway to the point of intersection with the centerline of IKEA Way; thence, north along the centerline IKEA Way to the point of beginning, containing 8.12 acres, more or less Page 7 of 8 PC 04/02/25  EXHIBIT B Project Area O Map Page 8 of 8 PC 04/02/25  Planning Commission Work Session Agenda City Hall, 9001 W. 62nd Street April 2, 2025 - 7:00 PM Immediately following Regular Planning Commission meeting 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. BUSINESS TO BE CONDUCTED 1. Discussion regarding future development plan