minutes city commission meeting tuesday, december 17, …

MINUTES CITY COMMISSION MEETING TUESDAY, DECEMBER 17, 2019

7:00 P.M. The Regular Meeting of the City Commission was held at 7:00 p.m. in the City Commission Room. Mayor Michael L. Dodson and Commissioners Usha Reddi, Wynn Butler, Jerred McKee, and Linda Morse were present. Also present were City Manager Ron R. Fehr, Deputy City Manager Jason Hilgers, Assistant City Manager Dennis Marstall, City Attorney Katharine Jackson, City Clerk Brenda K. Wolf, 16 staff, and approximately 47 interested citizens.

PLEDGE OF ALLEGIANCE

Mayor Dodson led the Commission in the Pledge of Allegiance.

COMMISSIONER COMMENTS

Commissioner Butler stated that he would not be attending the Chamber of Commerce’s Regional Leaders Retreat on January 17-18, 2020, in Olathe, Kansas. He said it was too costly and that he does not approve of holding the retreat out of the area when there are conference centers in Manhattan and Junction City. Commissioner Reddi wished everyone happy holidays and safe travels. She mentioned this was the last Commission meeting for 2019. Mayor Dodson stated that there was a great kickoff to the holiday season this year with the auction of Christmas trees as a fundraiser for RSVP, the Festival of Lights tree lighting, the various activities around town, the Mayor’s Spirit of the Holidays Lighted Parade, and two Breakfast with Santa at the Flint Hills Discovery Center events. He thanked all the volunteers who made these events possible. He mentioned the next City Commission meeting will be on January 7, 2020, where the newly-elected Commissioners will be seated.

Minutes City Commission Meeting December 17, 2019

CONSENT AGENDA (* denotes those items discussed)

MINUTES The Commission approved the minutes of the Regular City Commission Meeting held Tuesday, December 3, 2019.

CLAIMS REGISTER NO. 2927 The Commission approved Claims Register No. 2927 authorizing and approving the payment of claims from November 27, 2019 – December 10, 2019, in the amount of $4,412,085.57.

LICENSES The Commission approved a Merchant Guard Agency License for calendar year 2020 for PBP Management Group, Inc., 2102 East 21st Street Suite C, Wichita, Kansas; Prudential Security, Inc., 20600 Eureka Road #900, Taylor, Michigan; Smart Security, Inc., 625 South Anna Street, Wichita, Kansas; VendTech Enterprise, LLC, 250 North Rock Road Suite 360, Wichita, Kansas; and VendTech-SGI, LLC, 250 North Rock Road Suite 360, Wichita, Kansas; a Tree Maintenance License for calendar year 2020 for KCAT Tree Service, LLC, 22420 Overland Road, Onaga, Kansas; and Spillman Tree Care, 1404 5th Street, Clay Center, Kansas; an annual Cereal Malt Beverages Off-Premises License for Dara’s #1, 1816 Claflin Road; Dara’s #2, 3270 Kimball Avenue; Dara’s #10, 2323 Tuttle Creek Boulevard; Dillon’s #15, 130 Sarber Lane; Kwik Shop #733, 1337 Anderson Avenue; Shop Quik #11, 3108 Anderson Avenue; Shop Quik #12, 430 Fort Riley Boulevard; Shop Quik #14, 529 Richards Drive; Shop Quik #16, 1127 Bluemont Avenue; Shop Quik #18, 1105 Scenic Landing; and Walgreens #12814, 2719 Anderson Avenue; and an annual Cereal Malt Beverages On-Premises License for Manhatchet, 316 Poyntz Avenue; The Village Geek, 105 North Third Street; and K-State Union Bowling Center, 311 K-State Union.

ORDINANCE NO. 7468 – AMEND ABBOTT’S LANDING PLANNED UNIT DEVELOPMENT The Commission approved Ordinance No. 7468 amending Ordinance No. 7422 and the Final Development Plan of the Abbott’s Landing Planned Unit Development, generally located in the northwest corner of McCall Road and Alvin’s Place, based on the findings in the Staff Report (See Attachment No. 1) with five conditions of approval, and the recommendation of the Manhattan Urban Area Planning Board.

* ORDINANCE NO. 7469 – AMEND ANIMAL SHELTER FEES AND

ADOPTION Commissioner Butler highlighted the item.


CONSENT AGENDA (CONTINUED)

* ORDINANCE NO. 7469 – AMEND ANIMAL SHELTER FEES AND ADOPTION (CONTINUED) The Commission approved Ordinance No. 7469 amending Section 6-52, decreasing the required holding period for a stray animal at the T. Russell Reitz Animal Shelter from five (5) days to three (3) days, and Section 6-54 of the Code of Ordinances, setting a minimum adoption fee of $25.00 and removing Section 6-54(c).

ORDINANCE NO. 7470 – AMEND C-5 DISTRICT (ADD DAYCARE) The Commission approved Ordinance No. 7470 amending Article IV, Section 4 205, C-5, Highway Service Commercial District, of the Manhattan Zoning Regulations, as proposed, based on the findings in the Staff Report (See Attachment No. 2) and the recommendation of the Manhattan Urban Area Planning Board.

ORDINANCE NO. 7471 – AUTHORITY TO BOND – 6TH STREET AND POYNTZ STORMWATER SYSTEM IMPROVEMENTS (SM1701, CIP #SW052P) The Commission approved Ordinance No. 7471 authorizing the 6th Street and Poyntz Avenue Stormwater System Improvements (SM1701, CIP #SW052P) project, and the issuance of general obligation bonds to finance said project.

RESOLUTION NO. 121719-A – 2019 CITY BOUNDARY The Commission approved Resolution No. 121719-A establishing and defining the boundaries of the city of Manhattan, Kansas, as of December 17, 2019.

RESOLUTION NO. 121719-B – MANKO WINDOWS – REDEMPTION OF INDUSTRIAL REVENUE BONDS (2015 SERIES) The Commission approved Resolution No. 121719-B authorizing the redemption and payment of Industrial Revenue Bonds, Series 2015A, 2015B, and 2015C (Manko Window System Project) and the sale and conveyance of property to Manko Window Systems, Inc.

AGREEMENT – DEPOSITORY AND BANKING SERVICES The Commission authorized City Administration to negotiate and finalize and the Mayor and City Clerk to execute a Depository and Banking Services Agreement and related agreements with Commerce Bank, effective January 2, 2020 – December 31, 2024.

2020 CONTRACT – MANHATTAN CENTER FOR THE ARTS The Commission approved a contract as budgeted in the 2020 City Budget and authorized the Mayor and City Clerk to execute said contract with the Manhattan Center for the Arts.


CONSENT AGENDA (CONTINUED) 2020 CONTRACT – THE WOLF HOUSE MUSEUM The Commission approved a contract as budgeted in the 2020 City Budget and authorized the Mayor and City Clerk to execute said contract the Wolf House Museum.

2020 CONTRACT – THE DOWNTOWN MANHATTAN, INC. The Commission approved a contract as budgeted in the 2020 City Budget and authorized the Mayor and City Clerk to execute said contract with the Downtown Manhattan, Inc.

2020 CONTRACT – THE AGGIEVILLE BUISNESS DISTRICT The Commission approved a contract as budgeted in the 2020 City Budget and authorized the Mayor and City Clerk to execute said contract the Aggieville Business District.

2020 CONTRACT – THE FLINT HILLS AREA TRANSPORTATION AGENCY The Commission approved a contract as budgeted in the 2020 City Budget and authorized the Mayor and City Clerk to execute said contract with the Flint Hills Area Transportation Agency.

2020 CONTRACTS – THE SOCIAL SERVICES ADVISORY BOARD AGENCIES The Commission approved contracts as budgeted in the 2020 City Budget and authorized the Mayor and City Clerk to execute said contracts with the Social Services Advisory Board agencies (See Attachment No. 3).

2020 CONTRACTS – THE SPECIAL ALCOHOL FUND AGENCIES The Commission approved contracts as budgeted in the 2020 City Budget and authorized the Mayor and City Clerk to execute said contracts with the Special Alcohol Fund agencies (See Attachment No. 4).

2020 CONTRACT – AGGIEVILLE BUSINESS IMPROVEMENT DISTRICT The Commission authorized the Mayor and City Clerk to execute the 2020 Aggieville Business Improvement District contract.

2020 CONTRACT – DOWNTOWN BUSINESS IMPROVEMENT DISTRICT The Commission authorized the Mayor and City Clerk to execute the 2020 Downtown Business Improvement District contract.


CONSENT AGENDA (CONTINUED) AGREEMENT – EXECUTIVE RECRUITMENT SERVICES The Commission awarded and authorized the Mayor to execute an Agreement for Executive Recruitment Services for Finance Director with Strategic Government Resources (SGR), of Keller, Texas, in an amount not-to-exceed $24,900.00.

AGREEMENT – EMPLOYMENT – CITY MANAGER The Commission authorized the Mayor and City Clerk to execute a modified Employment Agreement between the City of Manhattan and City Manager Ronald R. Fehr, beginning with the first pay period of 2020.

CONSENT TO SALE – MANHATTAN TOWN CENTER OUT LOTS F AND G The Commission approved, and authorized the Mayor and other appropriate City officials to execute, the Consent to Sale and two Estoppel Certificates for Lots F and G at Manhattan Town Center.

BOARD APPOINTMENTS The Commission approved appointments by Mayor Dodson to various boards and committees of the City.

Cemetery Board Appointment of Janet Dean, 1832 Concord Lane, to a three-year term. Ms. Dean’s term will begin January 1, 2020, and will expire on December 31, 2022. Re-appointment of Brian Waddington, 2415 Brockman Street, to a three-year term. Mr. Waddington’s term will begin January 1, 2020, and will expire on December 31, 2022. Flint Hills Discovery Center Advisory Board Appointment of John Hund, 32260 Little Fork Road, Paxico, Kansas, to a three-year non-resident term. Mr. Hund’s term will begin February 1, 2020, and will expire on January 31, 2023. Re-appointment of Vicki Patton, 5695 NW 50th, El Dorado, Kansas, to a three-year non-resident term. Ms. Patton’s term will begin February 1, 2020, and will expire on January 31, 2023. Re-appointment of Mary Beth Reese, 2008 Ivy Drive, to a three-year resident term. Ms. Reese’s term will begin February 1, 2020, and will expire on January 31, 2023.


CONSENT AGENDA (CONTINUED)

Mayor Dodson opened the public comments. Hearing no comments, Mayor Dodson closed the public comments. Commissioner Butler moved to approve the consent agenda. Commissioner McKee seconded the motion. On a roll call vote, motion carried 5-0.

GENERAL AGENDA AWARD CONTRACT - DOUGLASS RECREATION CENTER (PR1706) Eddie Eastes, Director of Parks and Recreation, presented the Douglass Center Advisory Board recommendation, previous actions on the item by the City Commission, cost of the current project, design, site plans and alternates, and the results of the bid opening. Eric Cattell, Director of Community Development; Ron Fehr, City Manager; and Eddie Eastes, Director of Parks & Recreation answered questions from the Commission. Mayor Dodson opened the public comments. Terry Iles, 214 SW 6th Avenue, Topeka, Kansas, Attorney representing Cheney Construction, stated that Cheney Construction was the lowest bidder and has done other City projects. He showed photos of City Hall roof repairs and stated that Cheney Construction fixed the leaky roof and paid for the repairs out of their own pocket. He requested the Commission award his client the project. Stan Hoerman, 2021 Bluehills Road, Douglass Center Advisory Board member; James Dunnigan, 1911 Daisy Court; Carl Taylor, Pastor, Mount Zion Church of God in Christ, 916 Yuma Street; Joyce Starnes, 708 Pottawatomie Avenue; Debbie Nuss, 2404 Sumac Drive, Chair, Douglass Center Advisory Board; Sheryl Allen, 2035 Fort Riley Boulevard, Apartment A; Rex Fowler, 2048 Hunting Avenue; David Baker, Douglass Center Director; Jessica Elmore, 425 Pierre Street; Jonathan River, 2113 Prairie Field Place; Maureen Sheahan, 1000 Pierre Street; and Stewart Stanton, 1809 Leavenworth Street, all spoke in support of moving forward with building the Douglass Recreation Center and the benefits the center will provide to the community. Greg Ferris, Kansas Health and Fitness Association, stated that the Douglass Recreation Center should not be competing with other local fitness providers and urged the Commission to eliminate all fitness equipment from the contract before awarding.


GENERAL AGENDA (CONTINUED) AWARD CONTRACT - DOUGLASS RECREATION CENTER (PR1706) (CONTINUED) Joe Knopp, 620 Humboldt Street, stated that the newly-elected Commissioners should make the decision regarding the Douglass Recreation Center or let the public decide. John Ball, 3107 Harahey Ridge, spoke to the City’s financial management and funds prioritization. He stated he was confused why there is not money available for the project. He reminded the Commissioners to be aware of the second and third order effects to spending money and then raising taxes, and to look at the long-term effects. Hearing no other comments, Mayor Dodson closed the public comments. After discussion, Commissioner Reddi moved to accept the Architect’s Opinion of Probable Cost in the total amount of $4,593,222.00 (Base Bid in the amount of $4,500,000.00, Alternate No. 1 in the amount of $42,488.00, Alternate No. 2 in the amount of $31,234.00, Alternate No. 3 in the amount of $7,500.00, and Alternate No. 4 in the amount of $12,000.00); awarding and authorizing the Mayor and City Clerk to execute a construction contract with Trinium, Inc., of Manhattan, Kansas, in the total amount of $3,838,142 (Base Bid and Alternate Nos. 1-4); and authorizing City Administration to finalize and the Mayor and City Clerk to execute Contract Amendment No. 1, in an amount not to exceed $97,300.00, for Construction Administration Services with Bruce McMillan Architects, of Manhattan, Kansas, for the Douglass Recreation Center (PR1706). Commissioner McKee seconded the motion. On a roll call vote, motion carried 4-1 with Commissioner Butler voting against. AWARD CONTRACT - KIMBALL AVENUE AND COLLEGE AVENUE INTERSECTION IMPROVEMENTS (ST1718), NORTH CAMPUS CORRIDOR, PHASE VI Brian Johnson, City Engineer, presented an overview of the project, the phasing of the North Campus Corridor, the crash history in the area of the project, and the pavement condition index of the streets. He then answered questions from the Commission. Jason Hilgers, Deputy City Manager, presented design and landscaping of the project area and the maintenance of the amenities in the right-of-way, the budget, and three possible scenarios for financing the project .He then answered questions from the Commission. Richard Meyers, President, Kansas State University; Greg Lohrentz, Senior Vice President Operations and Finance, Chief Operating Officer/Chief Financial Officer, Kansas State University Foundation; and Jeremy Niederwerder, Senior Associate AD for Facilities and Capital Projects, highlighted the importance of the North Campus Corridor to the local community and the region economically and to the K-State University Facilities Project, and for the safety of those attending Kansas State University sporting events.


GENERAL AGENDA (CONTINUED) AWARD CONTRACT - KIMBALL AVENUE AND COLLEGE AVENUE INTERSECTION IMPROVEMENTS (ST1718), NORTH CAMPUS CORRIDOR, PHASE VI (CONTINUED) Linda Cook, Chief of Staff and Director of Community Relations, Kansas State University, answered a question from the Commission. Mayor Dodson opened the public comments. Kent Glasscock, President, Kansas State University Research Foundation, stated that in the past City Commissioners have approved major projects like the Downtown Redevelopment projects and the Commissioners have to lead with this project. He asked the Commission to support the project. Wayne Sloan, Chair, Manhattan Area Chamber of Commerce, stated that the North Campus Corridor is a project to invest in and is a catalyst for jobs. He stated that he supported using Economic Development Funds for this project. Hearing no other comments, Mayor Dodson closed the public comments. Commissioners were in support of the project and a majority voiced support of Scenario 2 for funding the project. Jason Hilgers, Deputy City Manager, answered questions from the Commission. After discussion, Commissioner Butler moved to accept the Engineer’s Opinion of Probable Cost in the amount of $8,793,935.89; awarding and authorizing the Mayor and City Clerk to execute a construction contract to Wildcat Construction Company, Inc., of Wichita, Kansas, in the amount of $7,534,149.54; authorizing the Mayor and City Clerk to execute Contract Amendment No. 5 for Construction Engineering services with BG Consultants, Inc., of Manhattan, Kansas, in an amount not to exceed $130,539.41; and authorizing the Mayor and Clerk to execute a Memorandum of Understanding with K-State Athletics and Kansas State University for the maintenance of the right-of-way for the Kimball Avenue and College Avenue, North Campus Corridor, Phase VI, (ST1718) project. Commissioner McKee seconded the motion. On a roll call vote, motion carried 5-0. At 10:18 p.m., the Commission took a brief recess.


GENERAL AGENDA (CONTINUED) AGREEMENTS – CHAMBER OF COMMERCE ECONOMIC DEVELOPMENT AND FORT RILEY PROMOTION SERVICES Janet Nichols, Military Community Liaison, Manhattan Area Chamber of Commerce, presented an overview of the AUSA annual meeting, Advise, events, and workforce and military transition. She then answered questions from the Commission. Jason Smith, President and Chief Executive Officer, Manhattan Area Chamber of Commerce, presented the economic results since 2002, annual economic impacts, and labor force statistics from 2019. He highlighted the companies in the Kansas Entrepreneurial Center (KEC) building and the Manhattan Business Park, the Greater Manhattan Economic Partnership, the marketing report and recommendations, the target industry refinement, the 2020 Greater Manhattan Economic Partnership activities, and Region Reimagined. Jason Smith, President and Chief Executive Officer, Manhattan Area Chamber of Commerce, highlighted the key economic challenges and the three focus areas for economic prosperity-Economic Diversification, Talent Sustainability, and Entrepreneurial Dynamism. Rebecca Robinson, Director of Economic Development and Internal Program Development, Kansas State University Research Foundation, presented the Economic Diversification component; Christy Rodriquez, Program Director, Region Reimagined, presented the Talent Sustainability component; and Derek Richards, SPARK Manhattan, presented the entrepreneurial dynamism component of economic prosperity. Jason Smith, President and Chief Executive Officer, Manhattan Area Chamber of Commerce, answered questions from the Commission. Mayor Dodson opened the public comments. Larie Schoap, 2020 Chair; Matt Crocker, Chair, Economic Development Committee; Summer Ott Dierks, Young Professional; Greg Willems, Chief Executive Officer, Kansas State University Foundation; Neil Horton, Bayer Construction; and Scott Seal, Reliance Realty spoke in support of the Chamber’s additional funding request. Mayor Dodson moved to temporarily alter the requirement of Resolution No. 050118-B that the City Commission’s legislative meetings adjourn prior to midnight, to allow this current legislative meeting to continue and to adjourn prior to 1 a.m. on December 18, 2019. Commissioner Reddi seconded the motion. On a roll call vote, motion carried 4-1 with Commissioner Butler voting against. Jessica Elmore, 425 Pierre Street; Enrique Garibay, Great Paper Straws; Grace Stanfield; and Kent Glasscock, 1211 Deep Creek Road, also spoke in support of the Chamber’s additional funding request.


GENERAL AGENDA (CONTINUED) AGREEMENTS – CHAMBER OF COMMERCE ECONOMIC DEVELOPMENT AND FORT RILEY PROMOTION SERVICES (CONTINUED) Hearing no other comments, Mayor Dodson closed the public comments. Ron Fehr, City Manager, stated that the Chamber would need to adhere to the City’s procurement requirement for services over $20,000.00 by doing a competitive selection process or receive three quotes. Jason Smith, President and Chief Executive Officer, Manhattan Area Chamber of Commerce, was agreeable in following the City’s procurement requirement. After discussion, Commissioner Reddi moved to approve the request from the Manhattan Area Chamber of Commerce for additional economic development funding and authorizing City Administration to finalize and the Mayor and City Clerk to execute the Fort Riley Promotion Agreement and the expansion of the Economic Development Agreement with the Chamber of Commerce. Commissioner McKee seconded the motion. On a roll call vote, motion carried 5-0.

AGREEMENT – CHAMBER OF COMMERCE CONVENTION & VISITORS BUREAU Ben Siegel, Co-Chair, Convention and Visitors Bureaus Committee, and Karen Hibbard, Director, Convention and Visitor’s Bureau, presented the fourth quarter report and answered questions from the Commission. Mayor Dodson opened the public comments. Hearing no comments, Mayor Dodson closed the public comments. After discussion, Commissioner Butler moved to authorize the Mayor and City Clerk to execute the Tourism and Convention contract for 2020 with the Manhattan Area Chamber of Commerce. Commissioner McKee seconded the motion. On a roll call vote, motion carried 5-0.

EXECUTIVE SESSION The City Manager withdrew the Executive Session from the agenda.


Attachment No. 1

Staff Report Community Development Department

PUD Amendment Abbott’s Landing, Lot 4 PUD-19-069

Scooter’s Coffee

To: Manhattan Urban Area Planning Board

From: Barry T. Beagle, AICP, Senior Planner

Meeting Date: November 18, 2019

Applicant: Phelps Engineering, Inc., Judd Claussen, P.E.

Owner: Martha Abbott Trust, Tom Abbott, POA

Property Location: Northwest corner of McCall Road and Alvin’s Place

Total Area: 0.34-acres

Current Zoning: Abbott’s Landing Commercial PUD

Neighborhood zoning: Northwest: I-2, Industrial Park Northeast: Abbott’s Landing Commercial PUD South: C-5, Highway Service Commercial I-2, Industrial Park East: Abbott’s Landing Commercial PUD West: Abbott’s Landing Commercial PUD


Attachment No. 1

BACKGROUND

Fig. 1 Vicinity Map


Attachment No. 1

In 2014, the Abbott’s Landing Commercial PUD was approved with the adoption of Ord. No. 7104. The PUD comprises 7.82-acres and initially subdivided into five (5) lots. The initial approved PUD Plan provided for the development of Orscheln Farm and Home on Lot 1; Burger King drive-thru restaurant on Lot 2; and, Arby’s drive-thru restaurant on Lot 3. Future development on Lot 4 (subject property) and 5 required the applicant to seek a PUD amendment as no uses were initially proposed. In 2015, Lot 5 east of Alvin’s Place was replatted into two lots (Lots 6 and 7) and the PUD amended to develop a Dunkin’ Donuts drive-thru restaurant on Lot 6.

Earlier this year, the applicant sought and was granted an amendment to the Abbott’s Landing Commercial PUD with respect to Lot 4 to develop a Scooter’s Coffee drive-thru kiosk. The proposed improvement includes a 557 square foot rectangular building with customer traffic cycling through the property from north to south from Hummel’s Place. The amendment limited signage to a menu board and wall signs. The wall sign package includes 14’3½” by 3’6¾” internally illuminated channel cut letter signs on the east and west building facades that display “Scooter’s” on the top line and “Coffee Drive-Thru” on the bottom line. The north and south building facades include a single 14 square foot, internally illuminated circular sign with the Scooter’s logo.

Current PUD Plan

Hummel’s PL

Alvi

n’s P

L

As Currently Approved East Elevation West Elevation


Attachment No. 1

PROPOSED AMENDMENT The applicant seeks to amend the Abbott’s Landing

Commercial PUD with respect to Scooter’s Coffee to install a 10-foot tall, 36 square foot monument sign located near the

southwest corner of the property. The sign would

sit on a 22” high by 6’6” wide brick base and

consist of an eight (8) square foot “Coffee

Drive-Thru” sign topped by a 28 square foot “Scooter’s Coffee”

circular sign. No change is sought with respect to

the menu

East Elevation West Elevation

South Elevation North Elevation

Hummel’s PL Al

vin’

s PL

Proposed PUD

South Elevation North Elevation As Currently Approved


Attachment No. 1

board or wall signs as originally approved.

ANALYSIS Sections 9-104 and 9-108(B) of the Manhattan Zoning Regulations contain the criteria for Preliminary Development Plans and amendments to PUD’s. Regulatory text appears in italics, and are followed by staff evaluation in regular font.

9-104. Review Criteria. The following review criteria shall be used by the Manhattan Urban Area Planning Board and Governing Body, in addition to the matters considered with the establishment of any zoning district, in determination of the approval, approval with conditions, or disapproval of a proposed PUD District.

A. Landscaping. Proposed landscaping should be functional with respect to the proposed nature of the development and take into consideration where necessary: screening and buffering needs, preservation of existing vegetation and trees wherever possible, incorporate open and private space, the location of buildings, walks, streets, recreational areas, parking areas, utilities, drainage, finished grade and long-term maintenance.

Evaluation: A landscape plan was submitted and approved with the Abbott’s Landing Commercial PUD amendment for Scooter’s Coffee. The landscape plan includes a combination of trees and shrubs to provide an attractive environment for customer experience. There are several shrubs to soften the drive-thru and parking area. The applicant has submitted a revised landscape plan in conjunction with the PUD amendment that includes more shrubs than originally proposed, some of which are provided around the base of the proposed monument sign.

B. Screening.

1. When a nonresidential use abuts an existing residential use, screening shall be provided to assure year-round privacy to the residential use.

2. Outdoor storage areas must be adequately screened and outdoor display of commercial goods or materials shall be not be allowed except in areas specifically designated for such activities and shall be adequately screened and enclosed.

Evaluation: Screening provisions B.1. and B.2. are not applicable as neither the subject property nor adjoining property are devoted to residential land use; and, no outdoor storage is proposed in conjunction with the drive-thru restaurant. The dumpster located near the drive entrance to the property will be enclosed by a screen fence with further plantings around its perimeter to soften its appearance.


Attachment No. 1

C. Drainage.

1. The drainage system shall be designed in conformance with the adopted Stormwater Management Plan. Adequate easements shall be provided to protect drainage ways from encroachment and protect property from damage by periodic flooding. Provisions to insure the continued long-term maintenance of private drainage facilities shall be provided.

2. Those sites affected by the 100-Year Flood Plain shall incorporate site and building design in compliance with the adopted Flood Plain Regulations.

Evaluation: The site is less than half an acre and does not require an updated drainage analysis. The Flood Insurance Rate Map, effective March 16, 2015, shows the site as being located in Zone X, Protected by Levee. The flood zone for the site and surrounding area removes any regulatory requirement to elevate the site.

D. Circulation.

1. An internal circulation plan shall provide for safe, convenient and efficient movement of goods, motorists and pedestrians. Conflicts between motorists and pedestrians shall be minimized.

2. Pedestrian traffic shall be accommodated as needed within the development and pedestrian systems shall connect to existing pedestrian systems or be designed to allow for future off-site connections.

3. Bicycle pathways should be incorporated into the design of vehicular and pedestrian traffic ways wherever possible, and connect, where possible, to off-site bikeways.

4. Adequate off-street parking and loading areas shall be provided.

Evaluation: The proposed monument sign will not alter internal traffic circulation or off-street parking provided in conjunction with the Scooter’s Coffee drive-thru kiosk.

E. Open Space and Common Areas.

1. Applicants are encouraged to provide open space for the use of residents or users of the PUD. Common open space and other common use facilities shall be consistent with the planned function of the PUD and located to be convenient, readily accessible and visually attractive. Open space shall be left in its natural state or landscaped and maintained according to an approved landscape plan.

2. Open space should be located to maintain and protect flood hazard area, and geological, cultural, natural habitat or historic site.


Attachment No. 1

3. Any proposal to dedicate open space to the public shall be reviewed for

conformance with the adopted Comprehensive Parks Master Plan.

4. Provisions for the continuity, preservation, care, conservation and maintenance of all common open spaces and common use facilities shall be provided within the development plan.

5. Common use recreational facilities such as playgrounds and swimming pools shall be of such size to adequately serve the population for which they are intended. Such adequacy shall be determined in accordance with some recognized national standard which shall be referred to within the development plan.

Evaluation: As noted with the PUD amendment providing for the Scooter’s Coffee drive-thru kiosk, the limited size and nature of the use does not warrant the provision of open space, except as it may have a functional role in the facilities operation. The proposed monument sign does not change site conditions as originally approved, except it will occupy space that was originally shown to be landscaped open space. With the proposed monument sign, additional landscaping will be provided around the base of the monument sign.

F. Character of the Neighborhood.

1. The development should take into account the character of the area in which the development will be located and assure that proposed structures, signs and other improvements are compatible to both the proposed site and surrounding neighborhood.

Evaluation: The neighborhood is a mixture of highway commercial and industrial uses. Areas along McCall Road are transitioning from historically industrial uses, to a retail commercial corridor. As approved, the Scooter’s Coffee drive-thru kiosk is consist with the developing commercial corridor on McCall Road. The proposed monument sign is consistent with the character of existing commercial development on McCall Road for which no adverse impacts to neighboring properties are anticipated.

9-108(B) Amendments and Modifications. In addition to the matters to be considered for a Preliminary Development Plan, the Planning Board and Governing Body shall also address the following matters: 1. Whether the proposed amendment is consistent with the intent and purpose of the

approved PUD, and will promote the efficient development and preservation of the entire PUD.


Attachment No. 1

Evaluation: The uses allowed by the Abbott’s Landing Commercial PUD are the

permitted uses in the C-2, Neighborhood Commercial District, and C-5, Highway Service Commercial District, except convenience stores with gasoline sales and sexually-oriented businesses. The original PUD Plan envisioned Lot 4 to be developed as an ATM kiosk, or similar use. Earlier this year, the Abbott’s Land Commercial PUD was amended to permit development of a Scooter’s Coffee drive-thru kiosk on Lot 4, the subject property. The amended PUD was approved by adoption of Ordinance No. 7422 on June 18, 2019.

The proposed amended is sought to provide for the addition of a 36 square foot monument sign on the subject property. The proposed 10-foot tall sign would be located near the southwest corner of the subject property and be comparable with other freestanding signage on the north side of McCall Road associated with Burger King, Arby’s and Dunkin’ Donuts. Accordingly, the proposed amendment is considered to be consistent with the intent and purpose of the approved PUD.

2. Whether the proposed amendment is made necessary because of changed or changing conditions in or around the PUD, and the nature of such conditions.

Evaluation: The proposed amendment is sought to provide Scooter’s Coffee the opportunity to erect a freestanding sign along McCall Road. The proposed sign would be comparable to the other businesses in Abbott’s Landing fronting on McCall Road. Burger King and Arby’s both have traditional monument signs while Dunkin’ Donuts has a pylon sign. The proposed amendment will afford Scooter’s Coffee the same opportunity for freestanding signage as the other businesses in the Abbott’s Landing Commercial PUD that front on McCall Road.

3. Whether the proposed amendment will result in a relative gain to the public health, safety, convenience or general welfare, and is not granted solely to confer a special benefit upon any person.

Evaluation: The proposed amendment will not confer a special benefit as it will permit the applicant the same opportunity for freestanding signage as the other businesses in Abbot’s Landing Commercial PUD along McCall Road.


Attachment No. 1

CONCLUSION

The proposed amendment is sought solely for the purpose of allowing Scooter’s Coffee the opportunity to erect a 10-foot tall, 36 square foot monument sign near the southwest corner of the subject property. No other changes are sought with respect to the property except for the addition of the monument sign. The addition of the monument sign is reasonable considering other existing commercial businesses on McCall Road in Abbott’s Landing Commercial PUD that also benefit from such signage.

ALTERNATIVES The MUAPB has the following alternatives concerning the PUD Amendment. The Board may:

1. Recommend approval of the PUD amendment based on substantial compliance with Sections 9-104 and 9-108(B) of the Zoning Regulations.

2. Recommend denial of the PUD amendment based on noncompliance with Sections 9-104 and 9-108(b) of the Zoning Regulations.

3. Table a consideration of the PUD amendment to a specific date, indicating the reasons for tabling.

RECOMMENDATION City Administration recommends approval of the PUD amendment based on substantial compliance with Sections 9-104 and 9-108(B) with the following conditions:

1. Compliance with the Abbott’s Landing PUD Plan.

2. Compliance with Ordinance No. 7422.

MOTIONS

The Manhattan Urban Area Planning Board recommends approval of the PUD amendment of Abbott’s Landing PUD, as proposed, with the two (2) conditions of approval recommended by City Administration; based on substantial compliance with Sections 9-104 and 9-108(B) of the Zoning Regulations, and the findings in the staff report.

Dated: November 12, 2019 ATTACHMENTS 1. Application 2. Neighborhood Meeting Report 3. Ordinance No. 7422 4. Abbott’s Land PUD Amendment (20 Sheets)


Attachment No. 2

Staff Report Community Development

Code Amendment Highway Service Commercial (C-5) Zoning District Amendment—add “group day care”

file no. DCA-19-078

To: Manhattan Urban Area Planning Board

From: John Adam, AICP, Senior Planner

Meeting Date: November 18, 2019

Applicant: City of Manhattan

BACKGROUND Living Word church on Amherst Avenue was hoping to open a daycare for the general public but that use is not permitted in the C-5 zoning district. Staff found that, in the draft of the proposed Unified Development Ordinance, the use would be permitted in the Community Commercial (CC) zoning district, which corresponds to the C-5, so rather than have the church seek an unsupportable rezoning to C-1, C-2, C-3, or C-4, staff suggested undertaking a code amendment to allow the use to be established without having to wait for UDO adoption.

The Zoning Regulations define “group day care” as a “facility which is primarily designed, intended, or used for the providing of care for thirteen or more children, for part or all of a day, away from the home of the parent or legal guardian”

ANALYSIS Section 15-302 of the Zoning Regulations contains the criteria for code amendment. Regulatory text appears in italics, and are followed by staff evaluation in Roman type.

15-302. Amendments to Text. When a proposed amendment would result in a change in the text of this ordinance but would not result in a change of zoning classification of any specific property, the report of the planning staff shall contain a statement as to the nature and effect of such proposed amendment and determinations as to the following items:

A. Whether such change is consistent with the intent and purpose of this ordinance.

Evaluation: The intent and purpose of this ordinance (Article II of the Zoning Regulations) is “to divide the City of Manhattan into zones and districts; to regulate and restrict the location and use of buildings and the uses of


Attachment No. 2

land within each district or zone; to restrict the use of buildings and land for agriculture, dwellings, business, industry, conservation and other purposes; to promote the health, safety, morals, comfort and general welfare; to conserve and protect property values throughout the City of Manhattan; and to regulate and restrict the height, number of stories and size of buildings; the percentage of a lot that may be occupied by buildings and other structures; size of yards, courts and other open spaces; and the density of population; the location, use, and appearance of buildings, structures, and land for residential, commercial, industrial and other purposes; the conservation of natural resources, including agricultural land; and the use of land located in areas designated as flood plains and other areas, including the distance of any buildings and structures from a street or highway” (Sec. 2-101).

Adding a new permitted use aligns with the intent and purpose of the Zoning Regulations. But is the C-5 the appropriate district for a use concerned exclusively with children? The C-5 “district [is] designed to provide for businesses offering accommodations, supplies, or services to motorists, and for certain specialized activities which require access to major streets and highways” (Sec. 3-201 (A)(17)). In a sense, having day care locations along major roadways would be a “service to motorists” going to and from work, but is a highway commercial environment suitable for day care? Other permitted uses, like restaurants and miniature golf, would normally have children present, so the district is not wholly unsuitable. The most notable safety concern—children playing outside—is mitigated by Kansas Department of Health and Environment requirements that outdoor play areas have to be fenced (K.A.R. 28-4-115 (i)(1)). On the whole there does not appear to be a reason to not add the use.

B. The areas which are most likely to be directly affected by such change and in what way they will be affected.

Evaluation: The amendment would affect 374 acres across town zoned C-5. The maps of the areas are in Exhibits 2 and 3. The draft amendment in Exhibit 1 lists all the other permitted uses in the C-5 district, which include a range of retail, personal service, repair service, rental, institutional, restaurant, and entertainment uses. The proposed permitted use would not stand out negatively in such a broad mix of other permitted uses.

C. Whether the proposed amendment is made necessary because of changed or changing conditions in the areas and zoning districts affected, or in the City Planning Area generally, and, if so, the nature of such changed or changing conditions.


Attachment No. 2

Evaluation: There are no changed or changing conditions necessitating the

amendment. As described in the background, a decision had already been made at the staff level to add “group day care” as a permitted use in the UDO district correspondent to the C-5, so when an individual request cropped up it appeared to be a simple matter to amend the current code.

D. Whether such change is consistent with the intent and purpose of the policies and goals as outlined in the adopted Comprehensive Plan of the City.

Evaluation: The characteristics of this land-use category are stated as: “Community Commercial Centers provide a mix of retail and commercial services in a concentrated and unified setting that serves the broader community and may also provide a limited draw for the surrounding region. These centers are typically anchored by a larger national chain, between 120,000 and 250,000 square feet, which may provide sales of a variety of general merchandise, grocery, apparel, appliances, hardware, lumber, and other household goods. Centers may also be anchored by smaller uses, such as a grocery store, and may include a variety of smaller, complementary uses, such as restaurants, specialty stores, professional offices and health services. The concentrated, unified design of a Community Commercial Center allows it to meet a variety of community needs in a “one-stop shop” setting, minimizing the need for multiple vehicle trips to various commercial areas around the community. Although single-use highway-oriented commercial activities will continue to occur in some areas, this pattern of development is generally not encouraged” (Comprehensive Plan, p. 52). In the table on page 37 it also says of the category “The revitalization and/or redevelopment of existing vacant or underutilized centers is encouraged to take advantage of existing infrastructure, promote the efficient use of available land, and increase housing options

The intent and purpose of this category is neutral on the question of the “group day care” use. The use could easily be construed to “meet a variety of community needs” and be a “complementary use”.

Conclusion: The proposed amendment to the C-5 zoning district is largely appropriate with respect to the intent of the district and characteristics of the land-use category in the Comprehensive Plan. Its inclusion would not negatively affect other permitted use in the district and the district would be suitable to contain such use.


Attachment No. 2

ALTERNATIVES The MUAPB has the following alternatives on this issue. The Board may:

1. Recommend approval of the code amendment based on substantial compliance with Section 15-302.

2. Recommend denial of the code amendment based on noncompliance with Section 15-302.

3. Table consideration of the code amendment to a specific date, indicating the reasons for tabling.

RECOMMENDATION City Administration recommends recommending approval of the code amendment based on substantial compliance with Section 15-302.

POSSIBLE MOTION

Approve the code amendment based on substantial compliance with Section 15-302, as recommended in the staff report.

Dated: November 12, 2019

EXHIBITS 1. Draft regulations (changes shown in bold blue underline) 2. Map of all zoning districts 3. Map of C-5 zoning in isolation


Attachment No. 2

Exhibit 1. Draft regulations amendment

4-205. C-5. Highway Service Commercial District This district is designed to provide for businesses offering accommodations, supplies, or services to motorists, and for certain specialized activities which require access to major streets and highways.

(A) Permitted Uses

(1) Adult Businesses as defined by the Code of Ordinances (2) Air conditioning, heating and plumbing shops provided that all services and materials shall

be conducted and stored within a completely enclosed structure

(3) Ambulance services (4) Amusement parks (5) Appliance sales or repair (6) Automobile accessory stores (7) Automobile sales or service, provided that all services shall be conducted within a

completely enclosed structure

(8) Automobile service stations (9) Banks and financial institutions, including drive-in type (10) Barber shops (11) Beauty shops

(12) Bed and breakfast inns (13) Boat sales (14) Bowling alleys (15) Brew pubs (16) Business and professional offices

(17) Car and truck washes (18) Churches, chapels, temples, and synagogues (19) Commercial off-street parking as a principal use (20) Construction equipment sales and rental, not including heavy equipment types such as

bulldozers and cranes

(21) Convenience stores (22) Cultural facilities (23) Drug stores (24) Electronic stores


Attachment No. 2

(25) Food stores (26) Fraternal and service clubs (27) Furniture stores

(28) Furniture upholstering (29) Garden stores and nurseries (30) Gift and souvenir shops (31) Group day care center

(32) Health and fitness clubs (33) Home improvement centers (34) Hotels (35) Laundry establishments (36) Motorcycle sales or repair

(37) Music stores (38) Newspaper publication (39) Package liquor stores (40) Pet grooming shops

(41) Pet stores (42) Pitch and putt, miniature golf (43) Printing services (44) Private vocational–technical institutions

(45) Restaurants, including drive-in type (46) Self-storage units (47) Theaters, indoor only (48) Trailer rentals and sales (49) Truck sales and service

(50) Veterinary out-patient clinic (51) Wholesale distribution warehouse


Attachment No. 3

Social Services Advisory Board Agencies

Big Brothers/Big Sisters $ 30,000 Boys & Girls Club $ 45,865 Thrive $ 14,000 Crisis Center $ 48,800 Homecare & Hospice $ 50,812 Kansas Legal Services $ 40,000 KSU Child Development Center $ 43,432 Manhattan Emergency Shelter $ 86,768 Morning Star Inc., CRO $ 12,000 Shepherd’s Crossing $ 50,000 Sunflower CASA Project, Inc. $ 56,000 Total $ 477,677


Attachment No. 4

Special Alcohol Advisory Board Agencies Big Brothers/Big Sisters $ 16,000 Boys & Girls Club $ 18,000 Friends of Recovery $ 5,000 KSU-Alcohol & Other Drug Education $ 18,000 Manhattan Emergency Shelter $ 18,000 Midwest Educational Center $ 13,800 Pawnee Mental Health $ 85,000 Riley Co. Comm. Corrections-Juvenile $ 7,000 Riley Co. Comm. Corrections-Adult $ 25,000 Riley Co. Court Services-Probation $ 3,000 Sunflower CASA Project, Inc. $ 37,000 The Restoration Center $ 20,000 Thrive! $ 10,000 UFM Learning Center $ 20,000 Unified School District #383 $190,000 Total $485,800

minutes city commission meeting tuesday, december 17, …

Documents