MINUTES CITY COMMISSION MEETING TUESDAY, SEPTEMBER 18, :00 P.M. PLEDGE OF ALLEGIANCE PROCLAMATIONS COMMISSIONER COMMENTS

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1 MINUTES CITY COMMISSION MEETING TUESDAY, SEPTEMBER 18, :00 P.M. The Regular Meeting of the City Commission was held at 7:00 p.m. in the City Commission Room. Mayor Linda Morse and Commissioners Michael L. Dodson, Usha Reddi, Wynn Butler, and Jerred McKee were present. Also present were the City Manager Ron R. Fehr, Deputy City Manager Jason Hilgers, Assistant City Manager Kiel Mangus, City Attorney Katharine Jackson, City Clerk Gary S. Fees, 7 staff, and approximately 30 interested citizens. PLEDGE OF ALLEGIANCE Mayor Morse led the Commission in the Pledge of Allegiance. PROCLAMATIONS Mayor Morse proclaimed September 17-23, 2019, Constitution Week. Nancy Williams, Committee Member; Sarah Fisher, Committee Member; and Sydney Carlin, Chair for Constitution Week, Polly Ogden Chapter, National Society Daughters of the American Revolution, were present to receive the proclamation. Mayor Morse proclaimed October 1, 2018, World Habitat Day. Karmen Davenport, Executive Director, Manhattan Area Habitat for Humanity, was present to receive the proclamation. COMMISSIONER COMMENTS Commissioner Butler stated that during the September 4, 2018, City Commission meeting, a student commented about the need for a rental inspection program and voiced concerns with mold and health-related issues. He said the Commission passed a rental dwelling rental

2 Page 2 COMMISSIONER COMMENTS (CONTINUED) registration program with a required registration as well as an education program component. He said the Code Office put this in place and information can be found on the City s website. He said there is an inspection program and if students are living in apartments with mold or issues affecting their health, tenants can call the Code Office and request an inspection. He stated the City has an inspection program that focuses on those places that need to be inspected to solve the problem. He encouraged students and individuals with concerns regarding a rental unit to call the Code Office or use the Report It! App to request an inspection. Commissioner Reddi stated the League of Women Voters of Manhattan/Riley County will be hosting legislators from the greater Manhattan community to speak on issues and respond to questions on September 22, 2018, at the Fire Station Headquarters Auditorium. She informed the community that September 25, 2018, is National Voter Registration Day and encouraged everyone to register to vote. Mayor Morse said that on September 25, 2018, the Kansas Supreme Court will be on Kansas State University campus at Forum Hall and encouraged those interested to attend. She thanked the community for reaching out to those impacted by the flood and expressed her appreciation to the American Red Cross, the first responders, and to everyone that helped those in need. She asked City Manager Ron Fehr to provide an update on the flood activity. Ron Fehr, City Manager, informed the community that the Small Business Administration (SBA) would be offering low-interest loans to businesses and residents affected by the flood. He stated the SBA has opened an office in the former Parks and Recreation Administrative Office in City Park and will be open Monday through Friday, 9:00 a.m. to 6:00 p.m., from through Thursday, September 27, He encouraged those impacted by the flood to visit their Office or to contact the SBA at for additional information. He stated the Manhattan Community Foundation has announced a recovery fund established for those impacted by the flood and have created a Manhattan Flood Recovery Committee comprised of several organizations to help review applications and distribute funds received to those impacted. He provided an overview of the damage assessment completed to-date and stated that estimated private structures, both business and residential, are at $14.5 million in damage to about 90 buildings that were assessed. He stated that City government sustained an estimated $2.7 million in damages and provided an overview of those properties and infrastructure that was damaged as a result of the flood. Finally, he said that there will be a Joint City/County/County meeting on Thursday, September 20, 2018, at 4:00 p.m., in the City Commission Room at City Hall, to discuss the Wildcat Creek flooding and reactivating the Wildcat Creek Working Group subcommittee.

3 Page 3 COMMISSIONER COMMENTS (CONTINUED) Mayor Morse stated that FEMA periodically updates their flood maps and flood zones. She encouraged citizens to go to the City s website for additional information and to know where your property is located in regards to the floodplain. She encouraged the public to be aware of where they are renting and living, and to know if they are in or near a potential flood area. CONSENT AGENDA (* denotes those items discussed) MINUTES The Commission approved the minutes of the Regular held Tuesday, September 4, CLAIMS REGISTER NO The Commission approved Claims Register No authorizing and approving the payment of claims from August 29, September 11, 2018, in the amount of $3,095, LICENSE The Commission approved an annual Cereal Malt Beverages Off-Premises License for Target Store T-1821, 800 Commons Place. ORDINANCE NO AMEND HOURS ALLOWED TO SERVE ALCOHOL The Commission approved Ordinance No amending Section 4-33 of the Code of Ordinances regarding service hours for alcoholic liquor to not allow service between 2:00 a.m. and 6:00 a.m. on any day. ORDINANCE NO REZONE AMERICARE PUD The Commission approved Ordinance No rezoning Americare PUD, a acre site, from I-5, Business Park District, and R-3, Multiple-Family Residential District with a portion of this District in the AO, Airport Overlay District, to PUD, Commercial Planned Unit Development with a portion of this District to contain the AO, Airport Overlay District, based on the findings in the Staff Report (See Attachment No. 1), with 12 conditions of approval. ORDINANCE NO REZONE STONEHAVEN, UNIT TWO The Commission approved Ordinance No rezoning a.37 acre tract of land in Stonehaven, Unit Two, from R/AO, Single-Family Residential District with the Airport Overlay, to I-5/AO, Business Park District with the Airport Overlay, based on the findings in the Staff Report (See Attachment No. 2), and the recommendation of the Manhattan Urban Area Planning Board.

4 Page 4 CONSENT AGENDA (CONTINUED) FINAL PLAT STONEHAVEN, UNIT TWO The Commission accepted the easements and rights-of-way, as shown on the Final Plat of Stonehaven, Unit Two, generally located near the intersections of Miller Parkway and Arbor Drive and Miller Parkway and Amherst Avenue, based on conformance with the Manhattan Urban Area Subdivision Regulations. RESOLUTION NO A REDEMPTION OF INDUSTRIAL REVENUE BONDS (SERIES 2007) FARRAR CORPORATION The Commission approved Resolution No A authorizing the redemption and payment of Industrial Revenue Bonds, Series 2007 (Farrar Corporation) and the sale and conveyance of property to Farrar Corporation. ACCEPT KDOT GRANT CITY CONNECTION LINK IMPROVEMENT PROGRAM (CCLIP) FORT RILEY BOULEVARD (WESTWOOD DRIVE TO US 24/EAST POYNTZ AVENUE (ST18--) The Commission authorized City Administration to accept the Kansas Department of Transportation for the City Connecting Link Improvement Program (CCLIP) Grant for concrete panel replacement improvements along Fort Riley Boulevard from Westwood Drive to US Highway 24/East Poyntz Avenue with KDOT providing $148, and the City providing $37,000.00, and directed City Administration to proceed with the project. CONTRACT AMENDMENT NO. 1 ENGINEERING SERVICES SUNNYSLOPE LANE SANITARY SEWER IMPROVEMENTS, PHASE 2 (SS1707, CIP #WW162P) The Commission authorized the Mayor and City Clerk to execute Contract Amendment No. 1, in an amount not to exceed $114,456.00, with Bartlett & West, Inc., of Manhattan, Kansas, for the Sunnyslope Lane Sanitary Sewer Improvements, Phase 2 (SS1707, CIP #WW162P) project. MEMORANDUM OF AGREEMENT MANHATTAN KIWANIS CLUB BLUEMONT HILL OVERLOOK PROJECT (SP1802) The Commission accepted the proposal of the Manhattan Kiwanis Club to provide funds and in-kind services for the construction of an accessible viewing platform on City property on Bluemont Hill above the Manhattan letters, and authorized the Mayor and City Clerk to execute a Memorandum of Understanding with the Manhattan Kiwanis Club regarding such proposal for the Bluemont Hill Overlook Project (CP1802).

5 Page 5 CONSENT AGENDA (CONTINUED) AWARD CONTRACT BLUEMONT HILL OVERLOOK PROJECT (SP1802) The Commission accepted the recommendation of the Kiwanis Club and awarded a construction contract to D&R Construction, Inc., using the Alternative Process per Charter Ordinance No. 44, and authorized City Administration to finalize and the Mayor and City Clerk to execute a construction contract in the amount of $49, with D&R Construction, Inc., of Manhattan, Kansas, for the Bluemont Hill Overlook Project (CP1802). AGREEMENT FOR PROFESSIONAL ARCHITECTURAL SERVICES BLUEMONT HILL OVERLOOK PROJECT (SP1802) The Commission authorized City Administration to finalize and the Mayor and City Clerk to execute an Agreement for Professional Architectural Services with The Ebert Mayo Design Group, of Manhattan, Kansas, for design and construction administration services, where the Group agrees to donate it services for the Bluemont Hill Overlook Project (CP1802). SECOND AMENDMENT FLINT HILLS AREA TRANSPORTATION AGENCY BUS STOP AMENITIES The Commission authorized the Mayor and City Clerk to execute a Second Amendment to the Bus Stop Amenities License Agreement with Flint Hills Area Transportation Agency for the inclusion of City property and right-of-way where applicable, in place of only listing city right-of-way. AGREEMENT WORKERS COMPENSATION THIRD PARTY ADMINISTRATION SERVICES The Commission authorized City Administration to finalize and the Mayor and City Clerk to execute a Service Agreement with Thomas McGee L.C., of Kansas City, Missouri, to provide Third Party Administration services for the City s self- insured Workers Compensation program for the term of January 1, 2019, through December 31, 2023, and to obtain stop-loss insurance for the 2019 plan year. * JOINT FUNDING AGREEMENT RIVER GAUGES Commissioner Butler highlighted the item and discussed the importance of the gauges along Wildcat Creek and the Kansas River. The Commission approved and authorized the Mayor to execute a Joint Funding Agreement with the United States Geological Survey (USGS) for the costs pertaining to maintenance and operation of four (4) stream gauges along Wildcat Creek and the Kansas River from October 1, 2018, until September 30, 2019, with the City to pay $14,700.00, Riley County to pay $6, and USGS to pay $7,

6 Page 6 CONSENT AGENDA (CONTINUED) PURCHASE WATER TREATMENT PLANT SCADA SERVER HARDWARE REPLACEMENT AND SOFTWARE UPGRADE PROJECT (WA1810, CIP #WA172E) The Commission authorized the sole source purchase for the Water Treatment Plant SCADA Server Hardware Replacement and Software Upgrade project (WA1810, CIP #WA172E) with R.E. Pedrotti, Inc., of Mission, Kansas, in the amount of $238,680.00, to be paid from the Water Fund. PURCHASE BULK ROAD SALT The Commission authorized the Bulk Road Salt purchase and delivery to the City of Manhattan and Fort Riley from Independent Salt Company of, Kanopolis, Kansas, in the amount of $129, BOARD APPOINTMENTS The Commission approved the following re-appointments by Mayor Morse to various boards and committees of the City. City/University Special Projects Fund Committee Re-appointment of Spencer Wood, 3017 Mary Kendal Court, to a one-year Faculty term. Mr. Wood s term begins immediately and will expire June 30, Douglass Center Advisory Board Re-appointment of Kevin Bryant, 7850 Lookout Drive, to a three-year At- Large term. Mr. Bryant s term will begin October 3, 2018, and will expire October 2, Mayor Morse opened the public comments. Hearing no comments, Mayor Morse closed the public comments. Commissioner Dodson moved to approve the consent agenda. Commissioner McKee seconded the motion. On a roll call vote, motion carried 5-0. GENERAL AGENDA DISCUSSION SPECIAL EVENTS WITH ALCOHOL Commissioner Butler moved to remove the item from the table. Commissioner Dodson seconded the motion. On a roll call vote, motion carried 5-0.

7 Page 7 GENERAL AGENDA (CONTINUED) DISCUSSION SPECIAL EVENTS WITH ALCOHOL (CONTINUED) Jared Wasinger, Assistant to the City Manager, provided an overview of the item. He highlighted state and local laws, discussed the Greater Manhattan Community Foundation Young Trustee s request, and presented information on Article IV of Chapter 31 of the Code of Ordinances, Special Events with Alcohol. He then responded to questions from the Commission regarding concerns addressed by the Commission and proposed changes. Ron Fehr, City Manager, provided additional information on the Blue Earth Plaza area and responded to questions from the Commission. Jared Wasinger, Assistant to the City Manager, highlighted the timeline necessary if the Commission desires to accommodate the request of the Greater Manhattan Community Foundation Young Trustees for a special event permit with alcohol and presented a map of the special event area. He informed the Commission that there needs to be additional legal research to address concerns and new issues for the Aggieville and Downtown Districts. After comments from the Commission, Jared Wasinger, Assistant to the City Manager, provided additional information on the item. He responded to questions from the Commission regarding the request from the Greater Manhattan Community Foundation Young Trustees and the special event area being proposed. Gavin Schmidt, Greater Manhattan Community Foundation Young Trustees, provided additional information on their request and provided an overview of their MHK Chili Cook- Off event. He responded to questions from the Commission and provided additional information on their request and times proposed. Jared Wasinger, Assistant to the City Manager, informed the Commission that based on the feedback received, City Administration would bring the request from the Greater Manhattan Community Foundation Young Trustees to have a special event with alcohol in Blue Earth Plaza for the City Commission to consider at the September 25, 2018, Special Legislative Meeting. He presented new issues involving adjacent businesses extending premises into the special event area and highlighted hypothetical scenarios and maps with two options. He then responded to questions from the Commission. Jason Hilgers, Deputy City Manager, provided information on the process for bars to extend their premises for those that did so during Fake Patty s Day in Aggieville. He discussed the process of the applicant with the state and zoning requirements.

8 Page 8 GENERAL AGENDA (CONTINUED) DISCUSSION SPECIAL EVENTS WITH ALCOHOL (CONTINUED) Katie Jackson, City Attorney, responded to questions from the Commission and provided information on the requirements for the applicant and the process to be considered for a special event permit with alcohol. She highlighted issues involving adjacent businesses extending premises into the special event area and application requirements with the Alcohol Beverage Control (ABC). She also provided information on how Wichita regulates special events with alcohol and their process. Jared Wasinger, Assistant to the City Manager, responded to questions from the Commission regarding liability considerations of the applicant, enforcement required by the Riley County Police Department, potential areas of the event and barricades, and provided a hypothetical example scenario for two options. Katie Jackson, City Attorney, responded to questions from the Commission if a person with an alcoholic beverage walks into an adjacent business that is not participating in the event. Jason Hilgers, Deputy City Manager, informed the Commission that City staff would need to go back to the District Directors and get feedback from the Districts on the item as well as discuss security considerations and cleaning up public streets and sidewalks after events. He responded to questions from the Commission and provided information on parades and races that are impacting businesses in Aggieville and Downtown. Katie Jackson, City Attorney; Jason Hilgers, Deputy City Manager; and Jared Wasinger, Assistant to the City Manager, responded to questions from the Commission and provided additional information on liability considerations, clarification on access points, and who could potentially be the applicant. They also highlighted the security plan and defined area that would be required with the special event with alcohol application to be considered by the City Commission. Commissioner Dodson provided comments on the item and stated that the point of discussion is to make these types of events more accommodating and to be more of a social event. He said no matter what is decided by the Commission, it is not going to be perfect. Commissioner Butler stated that he did not see the issue being that complicated. He said that the map will outline the maximum area and stated that if the Commission doesn t like the application, the Commission doesn t have to approve it. He stated that option two, similar to Wichita, made sense to him and voiced concern that people are leaving Aggieville and going into the neighborhoods, especially during the Fake Patty s Day event.

9 Page 9 GENERAL AGENDA (CONTINUED) DISCUSSION SPECIAL EVENTS WITH ALCOHOL (CONTINUED) Commissioner McKee agreed that people are going into the neighborhoods for house parties versus staying in Aggieville for events like Fake Patty s Day. He stated the reality is that sometimes it is nice for young professionals and families to have events that last until 2:00 a.m. in Aggieville or Downtown. He asked City staff to explore the Wichita plan and wanted to hear feedback from the Districts regarding liability issues as well as other considerations, and then provide those comments to the Commission. Mayor Morse voiced support to review the request from the Young Trustees to use Blue Earth Plaza. She stated her preference was to gather additional information from the Aggieville and Downtown Districts and from City staff, without the pressure of having a group push for a certain date. She also wanted to ensure that the additional costs associated with the event and liability considerations would be covered by the applicant. Jared Wasinger, Assistant to the City Manager, and Jason Hilgers, Deputy City Manager, provided clarification regarding option two. They responded to questions from the Commission on the clean-up deposit and clarification on the type of alcoholic beverages. Commissioner Reddi stated that she would support consideration of the Young Trustees request to use Blue Earth Plaza for their event. She said she considered Downtown more workable than Aggieville because the events in the Aggieville District would likely have later hours and may create liability issues with alcohol in public areas. She also voiced concern with using additional Riley County Police Department resources. Mayor Morse opened the public comments. Ryan Bramhall, President, Aggieville Business Association, provided his perspectives on the proposed ordinance and provided information on clean-up. He discussed the fine structure and said he would not want to participate if he would be responsible for those leaving his establishment and stated that he has installed about $20, in security cameras in his building. He said that if this is too restrictive, there will not be a lot of participation from Aggieville owners. He then responded to questions from the Commission. Gina Scroggs, Executive Director, Downtown Manhattan, Inc. (DMI), informed the Commission that it is going to be important to come back to the Districts with this item and that they have an opportunity to talk about it, especially, the liability issue. She said we need to think about safety and the number of different businesses downtown. She also wanted to have a better understanding on the amount of input that would be provided from DMI as well as control of the event and participation.

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11 Page 11 Attachment No. 1 Staff Report Community Development PRELIMINARY PUD REZONE TO PLANNED UNIT DEVELOPMENT To: From: Hearing Date: June 18, 2018 Re: Applicant: Property Owner: Property Address: Total Area: Manhattan Urban Area Planning Board Carol Davidson, CFM, CPM, Senior Planner To consider the Rezoning Request for the Americare PUD, to rezone from I-5, Business Park District, and R-3, Multiple-Family Residential District, with a portion of this District in the AO, Airport Overlay District, to Planned Unit Development with a portion of this District to contain the AO, Airport Overlay District Americare Systems, Inc. Bayer Construction Co. Inc. Generally located at the southwest corner of Amherst and Miller Parkway intersection acres Date of Neighborhood Meeting: April 12, 2018 and May 17, 2017 Date of Public Notice Publication: May 28, 2018 Date of City Commission: July 3, 2018

12 Page 12 Attachment No. 1 Subject BACKGROUND Americare is a senior care provider based out of Missouri. They have senior care communities throughout the Midwest. In Kansas, they have 10 existing facilities. The proposed Americare Planned Unit Development (PUD) will cover acres of undeveloped land located southwest of the intersection of Miller Parkway and Amherst. The current zoning is R-3, Multiple-Family Residential District, and I-5, Business Park District, with a portion of the R-3 development falling within the AO, Airport Overlay District. The request is to rezone this property to the Americare Planned Unit Development with a portion of the District falling with the AO, Airport Overlay District. This development will consist of three lots: Lots 5, 6 and 7 of the Stonehaven Final Plat Unit Two (see memo for details on the plat SUB ). Amherst Avenue will be extended south to serve this development. PROPOSED DEVELOPMENT The Americare development will cover two of the three lots in this proposed PUD. Lot 6 will house two large senior care buildings. The Assisted Living Facility (ALF) building will be approximately 26,175 square feet and will have 30 units. In addition to the residents rooms there will also be a main dining area, family lounge, activity room, library, and wellness

13 Page 13 Attachment No. 1 room along with staff offices. The Arbors building will be designed as a memory care facility. It will be approximately 23,722 square feet and will have 32 units. This building will be built out in phases. There will be two phases with each phase containing 16 units. The schedule of this buildout will be determined by demand. The second lot, Lot 7 will contain independent living units, the Cottages. These units will be in the form of duplexes and triplexes. There will be four of each. The four duplexes will all be two-bedroom units, and the four triplexes will all be one-bedroom units. Two of the triplexes will be built-out in Phase 2 of the development. There will be six covered carport structures for a total of 26 parking spaces for the residents. There will also be an additional 24 uncovered spaces within the Cottages. There will also be a clubhouse for meals, activities, and entertainment. In addition there will be a gazebo and outdoor recreational spaces. Lot 7 will contain a travel easement for access to the units. This travel easement will have two access points off of Amherst Avenue. The final lot, Lot 5 will remain vacant at this time, but future development on this lot will allow all permitted and conditional uses allowed in the I-5, Business Park District, provided the conditional uses are approved through the Board of Zoning Appeals process. In addition, any development on Lot 5 will be required to adhere to the Bulk Regulations and Use Limitations found in the I-5, Business Park District, regulations. Please refer to the attached I-5, Business Park District, regulations. Proposed Lot Coverage for Lots 6 and 7: Use Square Feet Percentage Buildings 68, % Total Pavement 116, % Total Impervious 184, % Total Open Space 234, % Total Area 419, % Proposed Lighting. There will be outdoor lighting for Lots 6 and 7. The outdoor lights will be on poles with the light fixtures pointed downward and inward. Lot 7, the Cottages, will have outdoors lights dispersed throughout the development. The final lighting plan will be submitted with the Final Development Plan. SIX REVIEW CRITERIA FOR PLANNED UNIT DEVELOPMENTS

14 Page 14 Attachment No Landscaping. A landscape plan has been presented as part of this preliminary development plan. The landscape plan is found on pages 6 and 7 of the included plans. This plan includes trees, shrubs, and ground cover. The landscaping surrounding the parking lots meet the landscape requirements of the Zoning Regulations. The applicant will be required to enter into a Landscape Performance Agreement at the time of development to insure the installation of the landscape. 2. Screening. There will be two dumpster locations. Lot 6 will have two dumpsters in one enclosure between the two buildings, and Lot 7 will have one dumpster located close to the clubhouse. Each dumpster site will be screened with a 6 brick wall and access gates. No additional screening will be required for this project; although, the entire site will be heavily landscaped which will create a natural barrier. 3. Drainage: There was a drainage report submitted with the preliminary plat for the Stonehaven development. The drainage report shows these properties draining to the south and eventually into a regional drainage detention pond. The drainage report does account for the development of the two assisted care facilities but not the cottage development. However, the proposed cottage development is less dense than what was provided on the original drainage report, and therefore, will not affect the overall drainage plan provided on the preliminary plat. In addition, there will be a reduction of the overall building coverage for Lots 6 and 7. The drainage report lists the building coverage at 60% for Lot 7 and 85% for Lot 6. The total building coverage proposed is 16% for the both lots with 51.9% of open space. This reduction in building coverage ensures the drainage requirements are met. Drainage for Lot 5 will be addressed at the time of development. 4. Circulation: The two parking lots for the Assisted Care facility and the Memory Care Center (Lot 6) will be entered off of Amherst Avenue. The parking lots will be attached and there will be two entrances/exits onto Amherst, one on the north side and one on the south side. In addition, there will be a future common access agreement between Lot 6 and Lot 5 to be located at the north entrance of the Assisted Care Facility parking lot. The travel easement for the private road that will access the Cottages will form a loop with the entrance and exit on Amherst Avenue. There was a traffic study that was performed at the time the Preliminary Plat was approved in The City Engineer has reviewed this rezone request with respect to the existing traffic study and has found this rezoning request is consistent with the findings found in the existing traffic study. Please refer to the attached Inter- Office Memorandum.

15 Page 15 Attachment No Open Space/Landscaped and Common Area: Lots 6 and 7 cover about 9.6 acres. This Preliminary Development Plan depicts just under 5 acres to be used as open space, with just under one acre dedicated to usable recreational open space. 6. Character of The Neighborhood: The neighborhood includes the Stonehaven, Miller Ranch, and Lee Mill Heights Subdivisions. These subdivisions are made up of single family homes, duplexes, and townhomes. In addition there is an area dedicated to Business Park development, with one business, USDA Rural Development, already built and in operation. REVIEW OF THIRTEEN MATTERS TO BE CONSIDERED The following items will help to determine if the specific property is suitable for the rezoning request. (These are the 13 matters to consider when rezoning as found in Article (A)). 1. Existing Use of Property This property is vacant, undeveloped land. Staff Finding The property is vacant; therefore, there is no use on the existing property. 2. Physical and Environmental Characteristics of the Property The subject site is heavily wooded and located along a hillside. It slopes from northwest to southeast and is not graded. The site is not located within a regulated floodplain. Staff Finding The property is wooded, sloped, and ungraded.

16 Page 16 Attachment No The Zoning and Land Uses of Nearby Properties Direction Zoning Land Use North PUD- Townhomes at Miller Ranch Duplexes South R-3/AO, Multiple-Family Residential District with Airport Overlay Undeveloped land East I-5, Business Park District and R, Single-Family Residential District West PUD- Townhomes at Miller Ranch; I- 5, Business Park District; and R-3, Multiple Family Residential District. All with the Airport Overlay District. Mostly undeveloped land, with one existing business Duplexes and undeveloped land Staff Finding The surrounding zoning is composed of business park and residential districts accompanied with the Airport Overlay and the existing surrounding land uses are commercial, residential and undeveloped. 4. The Suitability of the Subject Property for Land Uses to which it is Restricted Under Current Zoning This property would be suitable for development with the current zoning classification of R-3, Multiple-Family Residential District and I-5 Business Park District. This would include all residential uses and most of the business park uses permitted in the I-5 District. However, Lot 5 would not be suitable to I-5 development due to its size. It is.30 acres under the required minimum lot size of 2 acres for this district. Staff Findings The subject site is suitable for the land uses to which it is restricted under its current R-3, Multiple-Family Residential District zone. However, the subject property (Lot 5) does not meet the minimum lot size for the current I-5, Business Park District zone, and it is not suitable for development without a Variance from the Board of Zoning Appeals for the lot size requirements.

17 Page 17 Attachment No The Character of the Neighborhood The neighborhood consists of single and multiple-family homes as well as one business located in the I-5 district. The neighborhood is also characterized with a fair amount of undeveloped land. Staff Findings The character of the neighborhood is a mix of residential buildings with one commercial building along with undeveloped land. 6. The Compatibility of the Proposed Zoning District with Nearby Properties and the Extent to which it may Detrimentally Affect Those Properties The proposed zoning district should be compatible with neighboring properties. The neighboring properties are a mix of residential uses, with one business park use. The proposed PUD district allows residential uses along with one lot, a small portion of the total district size, being dedicated to the I-5 District which allows business park uses. There should be no detrimental effects of the uses allowed on Lot 7, duplexes and triplexes, since this lot is surrounded by existing duplexes and townhomes in the neighborhood. The proposed senior care facility, however, can be considered a more intense use than that of single and multi-family uses. Senior care facilities have a larger footprint and use a full-time staff. Although, despite these facts, the traffic patterns of a typical senior care facility are less impactful than that of single and multi-family homes. And, due to the elevation change of the subject property, these facilities will appear to be tucked into the hillside and will be surrounded by vegetation. And since the proposed buildings are single story, they should be barely noticeable from Miller Parkway, which will lower the impact of this development on nearby properties. Staff Findings The proposed rezoning is compatible with neighboring uses and is not anticipated to result in detrimental impacts to nearby properties. 7. Conformance of the requested change to the adopted Comprehensive Plan for the City of Manhattan (If the Proposed Amendment is in Accordance with said Comprehensive Plan, it shall be Presumed to be Reasonable.) The Future Land Use of the Manhattan Area 2035 Comprehensive Plan shows this area as Office-Research Park and Residential Low to Medium Density. The applicable land use policies found in the Comprehensive Plan are below.

18 Page 18 Attachment No. 1

19 Page 19 Attachment No. 1

20 Page 20 Attachment No. 1 Lot 7 conforms with the Residential Low to Medium Density Future Land Use Map designation and Lot 5 conforms with the Office Research Future Land Use designation. Lot 6, the senior care facility, lies within the Office Research Future Land Use designation, but it does meet the Comprehensive Plan policy found in Chapter 8: Expanded housing options to meet the needs of a changing community. Specifically, the Comprehensive Plan supports opportunities for older adults to be able to age in place as shown in the policy below:

21 Page 21 Attachment No. 1 Staff Findings The proposed rezoning of Lot 5 and 7 conforms to the Comprehensive Plan because it complies with the Future Land Use Map of the Comprehensive Plan, and is consistent with the Comprehensive Plan Policies. And, although the proposed rezoning of Lot 6 does not conform to the Future Land Use Map, it does conform to the Comprehensive Plan Policies. 8. Zoning History of the Subject Property and Length of Time it has Remained Vacant as Zoned Miller Ranch Office Park 1993 Manhattan Urban Area Planning Board approves Preliminary Plat of Miller Ranch Addition September 10, 1998 Manhattan Urban Area Planning Board recommended approval of the rezoning of a 12.9 acre tract of land from County G-1, General Agricultural District and PUD, to I-5, Business Park District. Note: This 12.9 acres includes the 1.2 acre tract that was not previously annexed. October 6, 1998 October 20, 1998 City Commission approved first reading of an ordinance rezoning the 12.9 acres to I-5. City Commission considers second reading of Ordinance No. 6035, annexing the 1.2 acre tract, and second reading of Ordinance No. 6036, rezoning the entire 12.9 acres to I-5.

22 Page 22 Attachment No. 1 November 2, 1998 Manhattan Urban Area Planning Board recommends approval of annexation of Miller Ranch Addition, Unit 2, and Miller Ranch Office Park (Total 66 acres). Western portion of Miller Ranch Office Park comprises 16.6 acres. November 17, 1998 City Commission approves first reading of annexation of all 66 acres. January 4, 1999 February 1, 1999 February 16, 1999 March 2, 1999 November 1, 1999 Stonehaven August 1, 2005 August 15, 2005 Manhattan Urban Area Planning Board approves Preliminary Plat of Miller Ranch office Park and Final Plat of Lots 1 and 2 of the Unit 1. Manhattan Urban Area Planning Board recommends approval of rezoning 16.6 acre western portion of Miller Ranch Office Park, from County G-1, General Agricultural District, to I-5, Business Park District, based on the findings in the Staff Report. City Commission approves first reading of an ordinance rezoning the 16.6 acre western portion of Miller Ranch Office Park, from County G-1, General Agricultural District, to I-5, Business Park District. City Commission considers second reading of Ordinance No and Ordinance No. 6061, annexing and zoning the 16.6 acre western portion of Miller Ranch Office Park, from County G-1, General Agricultural District, to I-5, Business Park District. Manhattan Urban Area Planning Board approves Final Plat of Miller Ranch Office Park, Unit 2 Manhattan Urban Area Planning Board tables the annexation, rezoning and Preliminary Plat of the Stonehaven Addition, to the August 15, 2005, Planning Board meeting. Manhattan Urban Area Planning Board tables the annexation, rezoning and Preliminary Plat of the Stonehaven Addition, to the September 8, 2005, Planning Board meeting.

23 Page 23 Attachment No. 1 September 8, 2005 October 18, 2005 November 1, 2005 December 5, 2005 December 20, 2005 May 18, 2009 Manhattan Urban Area Planning Board recommends approval of annexation an approximate 105-acre tract of land; and the rezoning of an approximate 101-acre tract of land, which includes the proposed Stonehaven Addition and the Miller Ranch Water Tower, from County G-1, General Agricultural District, to R, Single-Family Residential District with AO, Airport Overlay District, and the rezoning of an approximate 4.4-acre tract of land to R-2, Single-Family Residential District with AO, Airport Overlay District; and, approves the Preliminary Plat of the Stonehaven Addition, with three conditions. City Commission approves first reading of annexation and rezoning of the Stonehaven Addition. City Commission approves Ordinance Nos. 6505, 6506 and 6507, annexing and rezoning of the Stonehaven Addition. Manhattan Urban Area Planning Board approves the Final Plat of Stonehaven Addition, Unit One. City Commission accepts the easements and rights-of-ways as shown on the Final Plat of Stonehaven Addition, Unit One. Manhattan Urban Area Planning Board reinstates the approved Preliminary Plat and extends approval of the Preliminary Plat until May 18, Stonehaven Shopping Center July 6, 2009 Manhattan Urban Area Planning Board recommends annexation and rezoning of the 26-acre tract of land, GENERALLY LOCATED southwest of the intersection of Fort Riley Boulevard and Miller Parkway, along the west side of Fort Riley Boulevard, from County G-1, General Agricultural District, to C-2, Neighborhood Shopping District with AO, Airport Overlay District. July 21, 2009 City Commission considers first reading of ordinances annexing and rezoning the 26-acre site.

24 Page 24 Attachment No. 1 The applicant withdrew the Stonehaven Shopping Center application to annexation and rezone the 26-acre site following the City Commission first reading of the ordinance to annex and rezone. Stonehaven, Unit Two August 7, 2017 September 5, 2017 Manhattan Urban Area Planning Board recommends approval of the annexation of the 26-acre tract of land, GENERALLY LOCATED southwest of the intersection of Fort Riley Boulevard and Miller Parkway, and recommends approval of the proposed rezoning of the Stonehaven, Unit Two development from Riley County AG, Agricultural District, R/AO, Single-Family Residential District with Airport Overlay District, R-2/AO, Two-Family Residential District with Airport Overlay District, I-5/AO, Business Park District with Airport Overlay District to R, Single- Family Residential District, R-3/AO, Multiple-Family Residential District with Airport Overlay District and C-2/AO, Neighborhood Shopping District with Airport Overlay District, and approved the Preliminary Plat of Stonehaven, Unit Two. City Commission approves first reading of annexation and the rezoning of the residential portion of the Stonehaven Addition, Unit Two development. The City Commission voted to deny the C-2/AO District portion of the request and remains as I-5/AO District and R/AO District. Staff Findings The subject property is undeveloped and has been zoned I-5 since 1998 and R-3 since Whether the Proposed District would be Consistent with the Intent and Purpose of these Regulations The intent and purpose of the Zoning Regulations is to protect the public health, safety, and general welfare; regulate the use of land and buildings within zoning districts to assure compatibility; and to protect property values. The intent and purpose of the Planned Unit Development Districts is to allow zoning district that differs from the set district regulations to allow for a variety of housing types, a more useful pattern of open space, a development pattern which preserves and utilizes natural topography, a more efficient use of land, a development pattern in harmony

25 Page 25 Attachment No. 1 with transportation and community facilities, an environment which gives greater opportunities for better housing, development plan unique to the property, and/or a mixture of compatible uses which might not be permitted in a single district. This proposed rezone will be consistent with the intent and purpose of the above mentioned regulations in that the uses are compatible with nearby properties and the geography of the site, along with the amount of proposed open space, will help to preserve the natural environment. This proposal also provides housing choices for residents to be able to age in place. Staff Findings The proposed zoning district is consistent with the intent and purpose of the zoning ordinance and the Planned Unit Development District found within the zoning ordinance. 10. The Relative Gain to the Public Health, Safety and Welfare that Denial of the Proposed Amendment Would Accomplish, Compared with the Hardship Imposed upon the Individual Owner that would result from such Denial There appears to be no gain to the public health, safety and general welfare if this amendment is denied. Staff Findings There would be no relative gain to the public if this request is denied, and the owner would be denied their desired use of their property. 11. Whether Adequate Sewer and Water Facilities, Streets and other Needed Public Services Exist, or can be Provided to Serve the Uses that would be Permitted by the Proposed Zoning District Public water, sanitary sewer, and streets are planned for this site. And are available to be installed at this site. Staff Findings Adequate sewer and water facilities, streets and other needed public services to serve all permitted uses are available and will be installed at this site. 12. Such Additional Matters as may Apply in Individual Circumstances There are no other applicable factors.

26 Page 26 Attachment No The Recommendation of Permanent or Professional Staff There are many factors to weigh when considering a recommendation of this rezoning request. However, for this request, staff finds this property is suitable for the proposed Planned Unit Development. The location and geography of the site make it an ideal location for assisted living homes as it has easy access to collector and arterial roads and the grade and proposed landscaping of the development will keep it secluded from the existing residential areas. With the surrounding lots on Miller Parkway being zoned I-5, the proposed uses for Lot 5 do make it suitable for its location. Therefore, based on the findings presented, this proposed Planned Unit Development should have minimal impact on the surrounding properties and should be a good fit for this location. Staff s Conclusion Based on the findings found in this Staff Report, City Administration recommends approval of the proposed rezoning of the Americare Planned Unit Development from I-5, Business Park District, and R-3, Multiple-Family Residential District, with a portion of this District in the AO, Airport Overlay District, to Planned Unit Development with a portion of this District to contain the AO, Airport Overlay District, with the following conditions: 1. The permitted uses on Lot 5 of the Stonehaven, Unit Two final plat shall be all permitted and conditional uses allowed in the I-5, Business Park District (Article IV, Section 4-305(A), (B). 2. All development on Lot 5 shall conform with the Bulk Regulations and Use Limitations found in the I-5, Business Park District (Article IV, Sections (D), (E). 3. The permitted use for Lot 6 shall be nursing home with the maximum density of 62 units. 4. The permitted use for Lot 7 shall be multi-family dwelling units that does not exceed four duplexes and four triplexes. The permitted use shall also include a private clubhouse for residents. 5. Landscaping and irrigation shall be provided pursuant to a Landscaping Performance Agreement between the City and the owner, which shall be entered into prior to issuance of a building permit. 6. All landscaping and irrigation shall be maintained in good condition. 7. Signage for I-5 Business Park District as described in Article VI, Section shall be permitted for Lot Lot 6 shall be permitted one monument sign that shall not exceed 8 in height with the maximum sign area not exceeding 60 square feet and shall be permitted one wall sign not to exceed 28 square feet.

27 Page 27 Attachment No Lot 7 shall be permitted two monument signs that shall not exceed 4 in height with the maximum sign area not exceeding 25 square feet. 10. Exempt signage shall include signage described in Article VI, Section 6-102(A)(2)(a), (b), (c), (e), (i), (k), and (l). 11. The names of the travel easements shall be approved by the Riley County Emergency Management Department and Manhattan Fire Department prior to the application for the Final Development Plan for Phase 1. ALTERNATIVES 1. Recommend approval of the proposed rezoning of the Americare Planned Unit Development from I-5, Business Park District, and R-3, Multiple-Family Residential District, with a portion of this District in the AO, Airport Overlay District, to Planned Unit Development with a portion of this District to contain the AO, Airport Overlay District, stating the basis for such recommendation, with the conditions listed in the Staff Report. 2. Recommend approval of the proposed rezoning of the Americare Planned Unit Development from I-5, Business Park District, and R-3, Multiple-Family Residential District, with a portion of this District in the AO, Airport Overlay District, to Planned Unit Development with a portion of this District to contain the AO, Airport Overlay District, and modify the conditions, and any other portions of the proposed PUD, to meet the needs of the community as perceived by the Manhattan Urban Area Planning Board, stating the basis for such recommendation, and indicating the conditions of approval. 3. Recommend denial of the proposed rezoning, stating the specific reasons for denial. 4. Table the proposed rezoning to a specific date, for specifically stated reasons. POSSIBLE MOTION The Manhattan Urban Area Planning Board Recommends approval of the proposed rezoning of the Americare Planned Unit Development from I-5, Business Park District, and R-3, Multiple-Family Residential District, with a portion of this District in the AO, Airport Overlay District, to Planned Unit Development with a portion of this District to contain the AO, Airport Overlay District, based upon the findings in the staff report, with the 11 conditions as recommended by City Administration. Prepared by: Carol Davidson, CFM, CPM, Senior Planner Date: June 12, 2018

28 Page 28 Attachment No. 1 Enclosures: Inter-Office Memorandum from Public Works I-5, Business Park District allowable uses Americare Preliminary Development Plan Application Packet Comprehensive Plan Future Land Use Map

29 Page 29 Attachment No. 2 Staff Report Community Development To: From: REZONING AMENDMENT Hearing Date: June 18, 2018 Manhattan Urban Area Planning Board Carol Davidson, CFM, CPM, Senior Planner Re: To consider the Rezoning Request to rezone a.37 acre tract of land from R/AO, Single-Family Residential District, with the Airport Overlay to I- 5/AO, Business Park District, with the Airport Overlay Applicant: Property Owner: Property Address: Total Area: Bayer Construction Co., Inc. Bayer Construction Co. Inc., Neil Horton Generally located southeast of Miller Parkway and OakTree Place intersection, directly east of the existing water tower.37 acres Date of Neighborhood Meeting: May 17, 2017 Date of Public Notice Publication: May 28, 2018 Date of City Commission: July 3, 2018

30 Page 30 Attachment No. 2 Subject BACKGROUND On August 7, 2017 the applicant presented to the Manhattan Urban Area Planning Board a request to rezone certain tracts within the Stonehaven Development. The rezoning request included a request to rezone all of the existing I-5, Business Park District zones, except one, to C-2, Neighborhood Shopping District. The rezone request also included a large R, Single-Family Residential District, to be rezoned to R-3, Multiple-Family Residential District. The Manhattan Urban Area Planning Board recommended approval of all of the rezoning requests. On September 5, 2017, these rezoning requests went before the City Commissioners. The Commissioners approved all the residential rezoning proposals but denied all of the commercial proposals. Because the

31 Page 31 Attachment No. 2 commercial rezoning request was denied, these commercial properties retained their original (or existing) zoning designation of the I-5 District. However, when the applicant created their rezoning proposal, they decided to enlarge the western I-5 lot to the south, beyond the section line. By moving this zoning boundary to the south, they increased the size of the proposed C-2 zone and decreased the size of the proposed R-3 zone. Therefore, when the C-2 District was denied, the majority of this lot went back to its original designation which was the I-5 District; however, the small strip of land that was part of the enlargement went back to its original designation, which was the R District. Thus leaving a small strip of land with a separate zoning designation. This strip of land measures about 40 x 405 and is approximately.37 acres. PROPOSED DEVELOPMENT Since it was the intent of the applicant to include this small strip of land in with the I-5 parcel to the north, the applicant is requesting to correct this problem and is proposing to rezone this.37 acre strip of land to the I-5/AO, Business Park District with the Airport Overlay. At this time there is no proposed development for this site, this is just an action to correct an error. REVIEW OF THIRTEEN MATTERS TO BE CONSIDERED The following items will help to determine if the specific property is suitable for the rezoning request. (These are the 13 matters to consider when rezoning as found in Article (A)). 1. Existing Use of Property This property is vacant, undeveloped land.