Governing Body

City Council Chambers 214 SE 8th St. 2nd Floor Topeka, KS 66603 https://www.topeka.org Governing Body Agenda January 21, 2025 6:00 PM Mayor: Michael A. Padilla Councilmembers Karen A. Hiller District No. 1 Marcus D.L. Miller District No. 6 Christina Valdivia-Alcala District No. 2 Neil Dobler District No. 7 Sylvia E. Ortiz District No. 3 Spencer Duncan District No. 8 David Banks District No. 4 Michelle Hoferer District No. 9 Brett D. Kell District No. 5 City Manager: Dr. Robert M. Perez Addressing the Governing Body: Public comment for the meeting will be available via Zoom or in-person. Individuals must contact the City Clerk's Office at 785-368-3940 or via email at cclerk@topeka.org by no later than 5:00 p.m. on the date of the meeting, after which the City Clerk's Office will provide Zoom link information and protocols prior to the meeting. View the meeting online at https://www.topeka.org/communications/live-stream/ or at https://www.facebook.com/cityoftopeka/. Written public comment may also be considered to the extent it is personally submitted at the meeting or to the City Clerk's Office located at 215 SE 7th Street, Room 166, Topeka, Kansas, 66603 or via email at cclerk@topeka.org on or before the date of the meeting for attachment to the meeting minutes. If you need any accommodations for the meeting, please contact the City ADA Coordinator at 785-368-4470. Kansas Relay Service at 800-766-3777. Please provide a 48 Hour Notice if possible. Assistive listening devices are available for use in the community forum. Agendas are available by 5:00 p.m. on Thursday in the City Clerk's Office, 215 SE 7th Street, Room 166, Topeka, Kansas, 66603 or on the City's website at https://www.topeka.org. CALL TO ORDER: INVOCATION: PLEDGE OF ALLEGIANCE: 1. ROLL CALL: 2. CONSENT AGENDA: A. MINUTES of the special meeting of January 9, 2025; and the regular meeting of January 14, 2025 B. APPLICATIONS: 3. ACTION ITEMS: A. Election - Joint Economic Development Organization (JEDO) Board ELECTION of two City Council voting representatives to serve a one-year term on the Joint Economic Development Organization (JEDO) Board. Voting Requirement: Action requires at least six (6) votes of the Governing Body. The two council members receiving the highest number of votes will be elected, providing they have a minimum of 6 votes. (Resolution No. 8823 requires election of two council members at the third governing body meeting in January to serve as JEDO Board voting members.) B. Public Hearing and Ordinance - Adam Moser (V24A/2) PUBLIC HEARING regarding the petition filed by Adam Moser to vacate public right of way for 30 feet of Broad Street, 60 feet of Bowery Street, and an 8-foot wide public alley. ORDINANCE introduced by City Manager Dr. Robert Perez regarding the vacation of public right of way for 30 feet of Broad Street, 60 feet of Bowery Street, and an 8-foot wide public alley, all part of Central Avenue Addition, City of Topeka, Shawnee County, Kansas (V24A/2) (Council District No. 2) Voting Requirement: Action requires at least six (6) votes of the Governing Body. (Approval will vacate an unconstructed alley and street and dedicate a public utility easement for maintenance of the public sanitary sewer main covering a portion of Bowery Street.) C. Ordinance - Paradise Providence Place Revision No. 2 (PUD24/16) ORDINANCE introduced by City Manager Dr. Robert Perez amending the “District Map” referred to and made a part of the Zoning Ordinances by Section 18.50.050 of the Topeka Municipal Code by approving a major amendment to the Planned Unit Development for Paradise Providence Place to allow a Crisis Center Type II in association with and accessory to the principal use of Religious Assembly on property located at 2401 SE 11th Street. (PUD 24/16) (Council District No. 3) Voting Option Requirements: (1) Approve Planning Commission's recommendation, 6 votes are required of the Governing Body (2) Reject or Amend Planning Commission's recommendation,  7 votes are required of the Governing Body; or (3) Remand back to Planning Commission, 6 votes are required of the Governing Body. (Approval will allow boarding and lodging for a maximum of eight residents; plus an additional 20 beds during inclement weather, and limited to October 16th through April 15th within any year, and only in coordination with and at the request of the City of Topeka.) D. Funding Agreement and Resolution - Setting Public Hearing Date - Sherwood Village Park RHID FUNDING AGREEMENT between Gen III Construction and Development, LLC and the City of Topeka, Kansas. RESOLUTION introduced by City Manager Dr. Robert M. Perez providing notice that the City is considering establishing a Reinvestment Housing Incentive District (“RHID”) for the Sherwood Village Park; adopting a plan for the development of housing and public facilities in the proposed RHID; and establishing the date and time of a public hearing. Voting Requirement: Action requires at least six (6) votes of the Governing Body. (If the funding agreement is approved the developer will pay the City sufficient moneys to cover the City's cost in analyzing and effecting the districts creation. Approval of the resolution would set a public hearing date of February 11, 2025, to entertain public comment.) E. Funding Agreement and Resolution - Setting Public Hearing Date - Union at Tower District RHID FUNDING AGREEMENT between Union Development Holdings, LLC and the City of Topeka, Kansas. RESOLUTION introduced by City Manager Dr. Robert M. Perez providing notice that the City is considering establishing a Reinvestment Housing Incentive District (“RHID”) for the Union at Tower District; adopting a plan for the development of housing and public facilities in the proposed RHID; and establishing the date and time of a public hearing. Voting Requirement: Action requires at least six (6) votes of the Governing Body. Voting Requirement: Action requires at least six (6) votes of the Governing Body. (If the funding agreement is approved, the developer will pay the City sufficient moneys to cover the City's cost in analyzing and effecting the districts creation. Approval of the resolution would set a public hearing date for February 18, 2025, to entertain public comment.) F. Ordinance - Authorizing the Signing of Certain Contracts ORDINANCE introduced by City Manager Dr. Robert M. Perez, authorizing the Deputy City Manager, Assistant City Manager, and Director of Administrative and Financial Services to sign specific contracts on behalf of the City pursuant to Charter Ordinance No. 94, codified at Section A2-55 of the Code of the City of Topeka. (Deferred from the Meeting of December 17, 2024.) Voting Requirement: Action requires at least five (5) of the City Council. The mayor does not vote. The proposed ordinance involves a matter of home rule on which the Mayor has veto power. (Approval would authorize certain city officers or employees to approve and sign the contracts in the  absence of the city manager.) 4. NON-ACTION ITEMS: A. Discussion - Camping Prohibitions DISCUSSION concerning camping prohibitions amending Sections 9.45.350 and 9.45.360 of the Topeka Municipal Code. (Approval will expand the definition of public infrastructure and clarify parameters for camping on private property.) 5. PUBLIC COMMENT: Public comment for the meeting will be available via Zoom or in-person. Individuals must contact the City Clerk's Office at 785-368-3940 or via email at cclerk@topeka.org by no later than 5:00 p.m. on the date of the meeting, after which the City Clerk's Office will provide Zoom link information and protocols prior to the meeting. Written public comment may also be considered to the extent it is personally submitted at the meeting or to the City Clerk's Office located at 215 SE 7th Street, Room 166, Topeka, Kansas, 66603 or via email at cclerk@topeka.org on or before the date of the meeting for attachment to the meeting minutes. View the meeting online at https://www.topeka.org/communications/live-stream/ or at https://www.facebook.com/cityoftopeka/. 6. ANNOUNCEMENTS: 7. EXECUTIVE SESSION: Executive Sessions are closed meetings held in accordance with the provisions of the Kansas Open Meetings Act. (Executive sessions will be scheduled as needed and may include topics such as personnel matters, considerations of acquisition of property for public purposes, potential or pending litigation in which the city has an interest, employer-employee negotiations and any other matter provided for in K.S.A. 75-4319.) 8. ADJOURNMENT:  City of Topeka Council Action Form Council Chambers 214 SE 8th Street Topeka, Kansas 66603 www.topeka.org January 21, 2025 DATE: January 21, 2025 CONTACT PERSON: Dr. Robert M. Perez, DOCUMENT #: City Manager SECOND PARTY/SUBJECT: JEDO Board Members PROJECT #: 2025 CATEGORY/SUBCATEGORY 006 Communication / 005 Other CIP PROJECT: No ACTION OF COUNCIL: JOURNAL #: PAGE #: DOCUMENT DESCRIPTION: ELECTION of two City Council voting representatives to serve a one-year term on the Joint Economic Development Organization (JEDO) Board. Voting Requirement: Action requires at least six (6) votes of the Governing Body. The two council members receiving the highest number of votes will be elected, providing they have a minimum of 6 votes. (Resolution No. 8823 requires election of two council members at the third governing body meeting in January to serve as JEDO Board voting members.) VOTING REQUIREMENTS: Majority vote of the Governing Body (6). The two council members receiving the highest number of votes will be elected, providing they have a minimum of 6 votes. POLICY ISSUE: Whether to utilize the process in Resolution No. 8823 and elect two council members to serve on JEDO as voting members. STAFF RECOMMENDATION: Staff recommends that the governing body elect two JEDO Board voting representatives pursuant to Resolution No. 8823. BACKGROUND: The interlocal cooperation agreement with Shawnee County establishes an entity known as the Joint Economic Development Organization (JEDO). The members are the Shawnee County commissioners and the members of the City governing body. However, voting members are the county commissioners, the mayor, the deputy mayor and two council members elected by the governing body. Resolution 8823 establishes the process by which the two council members are elected. The council members will serve a one-year term. Below is a list of members that have served over the past several years: 2024: David Banks and Spencer Duncan 2023: Tony Emerson and Hannah Naeger 2022: Hannah Naeger and Neil Dobler 2021: Hannah Naeger and Mike Lesser 2020: Mike Padilla and Mike Lesser 2019: Tony Emerson and Mike Lesser 2018: Mike Padilla and Mike Lesser 2017: Tony Emerson and Michelle De La Isla 2016: Sandra Clear and Jeff Coen 2015: Michelle De La Isla and Jeff Coen 2014: Karen Hiller and Nathan Schmidt BUDGETARY IMPACT: There is no budgetary impact to the City. SOURCE OF FUNDING: Not applicable. ATTACHMENTS: Description Resolution No. 8823 (Oct 2016) JEDO Board Operational Rules Interlocal Cooperation Agreement  City of Topeka Council Action Form Council Chambers 214 SE 8th Street Topeka, Kansas 66603 www.topeka.org January 21, 2025 DATE: January 21, 2025 CONTACT PERSON: Dan Warner, AICP, DOCUMENT #: V24A/2 Planning Division Director SECOND PARTY/SUBJECT: Adam Moser PROJECT #: CATEGORY/SUBCATEGORY 018 Public Hearings / 010 Vacations CIP PROJECT: No ACTION OF COUNCIL: JOURNAL #: PAGE #: DOCUMENT DESCRIPTION: PUBLIC HEARING regarding the petition filed by Adam Moser to vacate public right of way for 30 feet of Broad Street, 60 feet of Bowery Street, and an 8-foot wide public alley. ORDINANCE introduced by City Manager Dr. Robert Perez regarding the vacation of public right of way for 30 feet of Broad Street, 60 feet of Bowery Street, and an 8-foot wide public alley, all part of Central Avenue Addition, City of Topeka, Shawnee County, Kansas (V24A/2) (Council District No. 2) Voting Requirement: Action requires at least six (6) votes of the Governing Body. (Approval will vacate an unconstructed alley and street and dedicate a public utility easement for maintenance of the public sanitary sewer main covering a portion of Bowery Street.) VOTING REQUIREMENTS: Action requires at least six (6) votes of the Governing Body. POLICY ISSUE: Whether to approve vacation of public street and alley right-of-way, finding that (1) no private rights will be injured; and (2) the public will suffer no loss or inconvenience. STAFF RECOMMENDATION: Staff recommends the Governing Body conduct the public hearing and move to adopt the ordinance. BACKGROUND: V24A/2 vacates unconstructed segments of street and alley right-of-way that were platted with Central Avenue Addition in 1888. The property owner requested the vacation so he can install a fence in the future. Fences are not permitted across street and alley rights-of-way. The vacated public right-of-way will revert to the property owner. The alley and street have never been constructed and are not needed by the City as either a public alley or a street. There is a City of Topeka sewer main in that portion of the platted and unbuilt Bowery Street, which means a public utility easement will be dedicated as needed to allow for maintenance of the public sanitary sewer main. The applicant held a neighborhood information meeting Monday, December 9, 2024. Two owners of adjoining property attended the meeting. No objections to the vacation were expressed at the meeting and no objection has been made since then. Pursuant to Kansas Statute K.S.A 12-504, the vacation has been advertised 20 days prior to the public hearing. BUDGETARY IMPACT: The vacation will not impact the City's adopted budget SOURCE OF FUNDING: Not Applicable ATTACHMENTS: Description Ordinance V254A/02 Moser Presentation Aerial Map Exhibit of Requested Area Application Neighborhood Meeting Attendance Public Notice Legal Ad  (Published in the Topeka Metro News ) ORDINANCE NO. ORDINANCE introduced by City Manager Dr. Robert Perez regarding the vacation of public right of way for 30 feet of Broad Street, 60 feet of Bowery Street, and an 8 foot wide public alley, all part of Central Avenue Addition, City of Topeka, Shawnee County, Kansas (V24A/2) (Council District No. 2) BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF TOPEKA, KANSAS: Section 1. That pursuant to the requirements of K.S.A. 12-504 as amended, a petition by Adam Moser, has been filed with the office of the City Clerk, requesting the vacation of the following described public street and alley located within the City of Topeka, Shawnee County, Kansas: In Central Avenue Addition: Broad Street extending from the East line of Blaine Avenue to the East line of Central Avenue Addition; Bowery Street extending from the East line of Blaine Avenue to the East line of Central Avenue Addition; An alley 8 feet in width, the East line of which is coincident with the East line of Central Avenue Addition extending from the North line of Broad Street to the South line of Bowery Street, all in the City of Topeka, Shawnee County, Kansas. Section 2. That said petition has been duly published for two (2) consecutive weeks in a newspaper of general circulation and on January 21, 2025, the petition is ready for determination by the Governing Body of the City of Topeka, Kansas. Section 3. That the Governing Body of the City of Topeka, after being duly informed and hearing the evidence presented finds that: a. Legal notice was given as required by K.S.A. 12-504 as amended. b. No private rights will be injured or endangered by such vacation.  c. The public will suffer no loss or inconvenience by such vacation. Section 4. That the Governing Body of the City of Topeka does hereby find that justice requires the petition of vacation be granted and does hereby order the vacation of the below described public street and alley right-of- way located within the City of Topeka, Kansas: In Central Avenue Addition: Broad Street extending from the East line of Blaine Avenue to the East line of Central Avenue Addition; Bowery Street extending from the East line of Blaine Avenue to the East line of Central Avenue Addition; An alley 8 feet in width, the East line of which is coincident with the East line of Central Avenue Addition extending from the North line of Broad Street to the South line of Bowery Street, all in the City of Topeka, Shawnee County, Kansas. Section 5. That the Council of the City of Topeka does hereby find that justice further requires the provision for a “public utility easement” to be established over the described property as set forth below and does hereby order the retention of the below described area as a “public utility easement”: In Central Avenue Addition: Bowery Street extending from the East line of Blaine Avenue to the East line of Central Avenue Addition, in the City of Topeka, Shawnee County, Kansas. Section 6. The City Clerk is hereby directed to certify a copy of this ordinance to the Shawnee County Register of Deeds Office for appropriate recording. Section 7. This ordinance shall take effect and be in force from and after its passage, approval and publication in the official city newspaper. PASSED AND APPROVED by the Governing Body of the City of Topeka , 2025 _________________________ Michael Padilla, Mayor ATTEST: __________________________ Brenda Younger, City Clerk To Be Codified ___ Not To Be Codified X  V24A/2 Adam Moser PUD24/16 Paradise Providence Place – Revision #2 V24A/2 by Adam Moser 2 PUD24/16 Paradise Providence Place – Revision #2 3 Location: 2401 SE 11th Street (11th and Long) Site: 2.59 acres Proposal: Request to allow a Crisis Center Type II, including residence for 6 homeless individuals, 2 caretaker and security staff, clothing and food pantry, and emergency seasonal homeless shelter for up to 20 additional residents. Current use: Religious Assembly, sanctuary and offices since 2007 or soon thereafter  NW CENTRAL AVE NW JAY ST NW BROAD ST KA B LVD NW CENTRAL AVE NW BLAINE AVE Subject NW Area to be M-2 TOP E vacated NSA S AV E N KA NW BOWERY ST V24A/02 By: Adam Moser ¯  Planning Division Dan Warner, AICP, Director Holliday Building, 620 SE Madison St., Unit 11 Tel: 785-368-3728 Topeka, KS 66607 www.topeka.org IN THE MATTER OF THE PROPOSED VACATION OF: Public right of way for Broad Street, Bowery Street and an 8 ft wide public alley that is all part of Central Avenue Addition. (V24A/02) (Council District No. 2) NOTICE OF PUBLIC HEARING Public notice is hereby given that a petition has been filed by The City of Topeka to vacate a segment of a public street and public alley right of way legal described as follows: Right of Way to be Vacated In Central Avenue Addition: Broad Street extending from the East line of Blaine Avenue to the East line of Central Avenue Addition; Bowery Street extending from the East line of Blaine Avenue to the East line of Central Avenue Addition; An alley 8 feet in width, the East line of which is coincident with the East line of Central Avenue Addition extending from the North line of Broad Street to the South line of Bowery Street, all in the City of Topeka, Shawnee County, Kansas. Utility Easement to be Retained In Central Avenue Addition: Bowery Street extending from the East line of Blaine Avenue to the East line of Central Avenue Addition, in the City of Topeka, Shawneee County, Kansas. The petition requesting vacation has been filed in the office of the city clerk and will be presented to the City of Topeka governing body for a public hearing on Tuesday, January 21, 2025 at 6:00 P.M. or as soon thereafter as the same may be heard in the City Council Chambers, Municipal Building, 2nd Floor, 8th and Monroe Streets, Topeka, Kansas, at which time and place all interested persons may appear and be heard, either for or against granting said Petition. Interested persons have the right to file a written objection with the City Clerk at the time of or before the hearing pursuant to KSA 12-505. To contact the City Clerk about filing a written objection, call 785-368-3940 See map of the proposed Vacation on the reverse side of this page Topeka Planning & Development Department Bill Fiander, Director of Planning & Development bfiander@topeka.org Holliday Building, 620 SE Madison St. Tel: 785-368-3728 Topeka, KS 66603 www.topeka.org 2 Bill Fiander, Director of Planning & Development bfiander@topeka.org Holliday Building, 620 SE Madison St. Tel: 785-368-3728 Topeka, KS 66603 www.topeka.org 3 Please publish all of the following in the Topeka Metro News in the Legal Advertising Section on Monday, December 30, 2024 and January 2, 2025 IN THE MATTER OF THE PROPOSED VACATION OF: Public right of way for Broad Street, Bowery Street and an 8 ft wide public alley that is all part of Central Avenue Addition. (V24A/02) (Council District No. 2) NOTICE OF PUBLIC HEARING (Pursuant to K.S.A. 12-504 et seq.) To Whom It May Concern: Public notice is hereby given that a petition has been filed by The City of Topeka to vacate a segment of a public street and public alley right of way legal described as follows: Right of Way to be Vacated In Central Avenue Addition: Broad Street extending from the East line of Blaine Avenue to the East line of Central Avenue Addition; Bowery Street extending from the East line of Blaine Avenue to the East line of Central Avenue Addition; An alley 8 feet in width, the East line of which is coincident with the East line of Central Avenue Addition extending from the North line of Broad Street to the South line of Bowery Street, all in the City of Topeka, Shawnee County, Kansas. Utility Easement to be Retained In Central Avenue Addition: Bowery Street extending from the East line of Blaine Avenue to the East line of Central Avenue Addition, in the City of Topeka, Shawneee County, Kansas. The petition requesting vacation has been filed in the office of the city clerk and will be presented to the City of Topeka governing body for a public hearing on Tuesday, January 21, 2025 at 6:00 P.M. or as soon thereafter as the same may be heard in the City Council Chambers, Municipal Building, 2nd Floor, 8th and Monroe Streets, Topeka, Kansas, at which time and place all interested persons may appear and be heard, either for or against granting said Petition. Interested persons have the right to file a written objection with the City Clerk at the time of or before the hearing pursuant to KSA 12- 505. BY THE GOVERNING BODY, CITY OF TOPEKA, KANSAS  City of Topeka Council Action Form Council Chambers 214 SE 8th Street Topeka, Kansas 66603 www.topeka.org January 21, 2025 DATE: January 21, 2025 CONTACT PERSON: Dan Warner, AICP, DOCUMENT #: PUD24/16 Planning Division Director SECOND PARTY/SUBJECT: Open Arms Ministries PROJECT #: N/A CATEGORY/SUBCATEGORY 015 Petitions/003 Zoning CIP PROJECT: No ACTION OF COUNCIL: JOURNAL #: PAGE #: DOCUMENT DESCRIPTION: ORDINANCE introduced by City Manager Dr. Robert Perez amending the “District Map” referred to and made a part of the Zoning Ordinances by Section 18.50.050 of the Topeka Municipal Code by approving a major amendment to the Planned Unit Development for Paradise Providence Place to allow a Crisis Center Type II in association with and accessory to the principal use of Religious Assembly on property located at 2401 SE 11th Street. (PUD 24/16) (Council District No. 3) Voting Option Requirements: (1) Approve Planning Commission's recommendation, 6 votes are required of the Governing Body (2) Reject or Amend Planning Commission's recommendation, 7 votes are required of the Governing Body; or (3) Remand back to Planning Commission, 6 votes are required of the Governing Body. (Approval will allow boarding and lodging for a maximum of eight residents; plus an additional 20 beds during inclement weather, and limited to October 16th through April 15th within any year, and only in coordination with and at the request of the City of Topeka.) VOTING REQUIREMENTS: Governing Body Members have the following voting options: 1. Approve the Planning Commission’s recommendation by adopting the ordinance. A minimum of 6 votes are required of the Governing Body. 2. Amend the Planning Commission’s recommendation by amending the ordinance. A minimum of 7 votes are required is required of the Governing Body.  3. Refuse to approve the Planning Commission’s recommendation by rejecting the ordinance. A minimum of 7 votes are required of the Governing Body. 4. Remand to the Planning Commission for further consideration, with a statement specifying the basis for the governing body’s failure to approve or disapprove. A minimum of 6 votes are required of the Governing Body. POLICY ISSUE: Whether to adopt the Planning Commission's recommendation to rezone the property STAFF RECOMMENDATION: Staff recommends the Governing Body move to adopt the ordinance approving the rezone. BACKGROUND: PUD24/16 will allow a Crisis Center Type II within the existing building located at 2401 SE 11th Street currently used for religious assembly and related uses. The Crisis Center Type II will provide the following uses to the community and neighborhood: 1.) Temporary board and lodging for a maximum of eight residents. 2.) Seasonal emergency overnight homeless shelter for up to 20 beds October 16th - April 15th during inclement weather and when requested by the City of Topeka. The existing clothing and food pantry is allowed as an accessory use to the religious assembly. The applicant conducted a Neighborhood Information Meeting on November 21, 2024. No one other than planning staff and the applicant attended the meeting. The Planning Commission recommended approval by a vote of 7-0-1 on December 16, 2024. Staff recommends approval per the attached staff report. BUDGETARY IMPACT: Approval will not have an impact on the City's adopted budget SOURCE OF FUNDING: Not Applicable ATTACHMENTS: Description Ordinance Presentation Staff Report Topeka Planning Commission Meeting Minutes (Dec 16, 2024) (PUD24/16) PUD Master Plan with recommendation of Planning Commission Aerial Map zoning map Future Land Use Map Neighborhood Meeting Attendance Comment from Police Dept (Published in the Topeka Metro News _____________________________________) ORDINANCE NO. ________________________ ORDINANCE introduced by City Manager Dr. Robert Perez amending the “District Map” referred to and made a part of the Zoning Ordinances by Section 18.50.050 of the Topeka Municipal Code by approving a major amendment to the Planned Unit Development for Paradise Providence Place to allow a Crisis Center Type II in association with and accessory to the principal use of Religious Assembly on property located at 2401 SE 11th Street and described below as Area B . (PUD 24/16) (Council District No. 3) BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF TOPEKA, KANSAS: Section 1. That the “District Map” referred to and made a part of the Zoning Ordinances by Section 18.50.050 of the Topeka Municipal Code (TMC), be, and the same is hereby amended, by reclassifying the following described property: subject to: 1. Use and development of the site in accordance with the Planned Unit Development (PUD) Master Plan for Paradise Providence Place Section 2. The PUD Master Plan for Paradise Providence Place shall be recorded with the Shawnee County Register of Deeds in accordance with Section 18.190.060(b) of the Topeka Municipal Code (TMC). Following the recording of the PUD Master Plan and prior to building permit and/or land development on the site, site development plans as required by the PUD Master Plan shall be submitted for review and administrative approval by the Planning Director. Section 3. This Ordinance Number shall be fixed upon the “District Map”. Section 4. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 5. This Ordinance shall take effect and be in force from and after its passage,  approval and publication in the official city newspaper. PASSED AND APPROVED by the Governing Body, City of Topeka, KS _____________, 2025 ________________________________ Michael A. Padilla, Mayor ATTEST: _______________________ Brenda Younger, City Clerk To Be Codified ___________ Not To Be Codified ___X___  V24A/2 Adam Moser PUD24/16 Paradise Providence Place – Revision #2 V24A/2 by Adam Moser 2 PUD24/16 Paradise Providence Place – Revision #2 3 Location: 2401 SE 11th Street (11th and Long) Site: 2.59 acres Proposal: Request to allow a Crisis Center Type II, including residence for 6 homeless individuals, 2 caretaker and security staff, clothing and food pantry, and emergency seasonal homeless shelter for up to 20 additional residents. Current use: Religious Assembly, sanctuary and offices since 2007 or soon thereafter  STAFF REPORT – PLANNED UNIT DEVELOPMENT TOPEKA PLANNING AND DEVELOPMENT DEPARTMENT PLANNING COMMISSION DATE: Monday, December 16, 2024 APPLICATION INFORMATION APPLICATION CASE NUMBER/NAME: PUD24/16 – Amendment to Planned Unit Development Plan for Paradise Providence Place REQUESTED ACTION / Amend the Master Planned Unit Development District (M-2 uses) to allow a CURRENT ZONING: Crisis Center Type II within the existing building on the site and operated in association with, and accessory to, the Religious Assembly use of the property. PROPERTY OWNER: Open Arms Outreach Ministries APPLICANT REPRESENTATIVE: Joseph Mauk, SBB Engineering LLC CASE PLANNER: Ann-Marie Driver, AICP, Planner II PROPERTY ADDRESS/ PARCEL 2401 SE 11th Street / PID: 1320403010001000 ID: PARCEL SIZE(S): 2.59 acres PHOTOS: Looking towards the building from SE 11th Street: RECOMMENDATION: Staff recommends APPROVAL of the amendment to the Master PUD Plan for Paradise Providence Place as stated below in the conditions of approval RECOMMENDED MOTION: Motion to APPROVE the amendment to the Master PUD Plan for Paradise Providence Place as stated below in the conditions of approval. PROJECT AND SITE INFORMATION PROPOSED USE / SUMMARY: The purpose of the PUD amendment is to allow a Crisis Center, Type II (permitted by a conditional use in the X-2, D-1 or D-2 Districts) included within Area B of the Master PUD Plan operated in association with, and accessory to, the religious assembly use currently on the property. This Crisis Center will include the following uses: 1.) Temporary boarding and lodging for a maximum of six (6) individuals until said individuals are able to secure employment; and 2.) Boarding and lodging for seasonal emergency overnight 24-hour shelter for up to twenty (20) additional persons: and 3.) A food and clothing pantry; and 4.) A permanent residence for up to two full time building caretakers. The Master PUD Plan incorporates both Areas A and B. Area A includes 15 new duplexes operated by the Topeka Housing Authority (THA) constructed after 2007. Area A is not affected by this revision to the PUD Master Plan. Area B includes a Religious Assembly use, day care center, and community center. The existing building(s) contained within Area B of the PUD Master Plan has been operated by Open Arms Ministry as a religious assembly use, clothing and food bank since at least 2014 when the applicant moved their ministry into the building. The applicant began their ministry in 2003 and, as stated on their website, provides social services, clothing and food to citizens in the city. DEVELOPMENT / CASE HISTORY: The site has been used since 2014 as a church, clothing and food bank when the applicant purchased the building and grounds. In 2016, a maximum of two residents began residing in the building as caretakers. American Rescue Plan Act (ARPA) grant funds were provided to Open Arms by the City of Topeka in 2022 to assist with these programs. This rezoning application is in response to life safety code violations that are in the process of being resolved. The building is divided into two wings. Historically, these wings were constructed in phases between 1946 and 1965 and then subsequently used as Belvoir Elementary by USD 501 from 1966 to the mid-1990s. PAGE 2 PUD 24-16 Paradise Providence Place Revision #2  The building has been used as a church and community center since at least 2007 when rezoned as part of the PUD to allow the duplexes to the east. The east wing of the building contains a church sanctuary and related offices and the west wing contains the previous school classrooms, and these rooms have been converted to food pantry, clothing pantry, and living and sleeping rooms for residents. ZONING AND LAND USE West: PUD (Multiple Family Dwelling District uses) / Apartments SURROUNDING PROPERTIES: (Paradise Plaza) East: PUD (Duplexes) / Ybarra Place senior housing / 15 duplexes/ Pine Ridge Apartments (Topeka Housing Authority) South: Interstate 70 Right – of -Way North: R-1 Single Family Dwelling District / large lot single family and vacant lots COMPLIANCE WITH DEVELOPMENT STANDARDS AND GUIDELINES USE STANDARDS AND The PUD Master Plan establishes the use and dimensional standards. DIMENSIONAL STANDARDS: The purpose of the PUD revision is to allow a Crisis Center Type II” as defined in the zoning code as, “a facility and portion thereof and premises which is used for purposes of emergency shelter, crisis intervention, including counseling, referral, hotline response, and similar human social service functions; meal preparation, distribution and services; merchandising distribution; and temporary and/or transient shelter, including boarding and lodging” The Planning Director concluded that the proposed use meets the definition stated above and, therefore, requires a Major Amendment to the PUD Master Plan to allow the use of a Crisis Center Type II. A Crisis Centers Type II is only allowed by conditional use in the X-2, D-1, and D-2 zoning districts and is prohibited in all other zoning districts. PARKING AND ACCESS: Off-street parking requirements are determined by land use and not the zoning classification. (TMC 18.240). As stated, the parking will be determined based on a rate of 1 stall per 4 seats in the sanctuary and Crisis Centers require parking at a rate of 1 stall per 200 sf of net floor area. Existing paved parking lots are provided adjacent to the existing building(s). A parking lot striping plan will be needed with the Builidng Permit application and processing for staff to determine the number of required stalls. The plan should denote all pavement marking and any signs, including ADA signs and markings. DESIGN STANDARDS: N/A (No substantial exterior changes to the building are proposed.) PAGE 3 PUD 24-16 Paradise Providence Place Revision #2 LANDSCAPING: There are not any expansions to the building or parking lot planned that will require a Landscape Plan pursuant to TMC18.235. SIGNAGE: Signage will be required to comply with the Sign Code (TMC18.10). LIGHTING & SOUND: Any exterior lighting installations shall not have a negative impact on traffic safety or the surrounding properties. Any new outdoor lighting on the building or within the parking lots shall not exceed a level of 3 foot- candles at the property line. VARIANCES REQUESTED: None OTHER FACTORS SUBDIVISION PLAT: There is an existing plat of record for the property that includes Lots 1-34 Block 8, Bellview Addition, plus a vacated alley right of way. UTILITIES: Public sanitary sewer and water connections are readily available with all connections being at the expense of the developer. FLOOD HAZARDS, STREAM The subject property is not located in a FEMA designated flood plain. BUFFERS: HISTORIC PROPERTIES: None NEIGHBORHOOD PLAN: Located in the East Topeka South Neighborhood Plan boundary. NEIGHBORHOOD INFORMATION The applicant conducted a neighborhood information meeting on MEETING: Thursday, November 21, 2024 at 5:30 pm. Planning staff Michael Hall and Ann-Marie Driver attended the meeting along with the applicant. No one else from the public attended the meeting. REVIEW COMMENTS BY CITY DEPARTMENTS AND EXTERNAL AGENCIES Public Works /Engineering: No issues identified regarding rezoning. Water Pollution Control: No issues identified regarding rezoning. Fire Department: No issues identified regarding rezoning. This revision does not affect the existing fire access. Additional comments and/or requirements may be made as permits and applications for future plans are submitted. Comments on the Code Footprint Plan have been made and will be addressed at time of construciton concerning fire separation. PAGE 4 PUD 24-16 Paradise Providence Place Revision #2  Development Services: The applicant is currently working with a licensed Architect to prepare the required Code Footprint and Code Analysis Plans. Future improvement plans will be reviewed at the time of Building Permit submittal and processing of permits. All residential uses, food pantry, clothing pantry and associated accessory uses must comply with all building and life safety codes. Police Department: Expressed concerns related to the interconnections between the day care and crisis center that are included in the same structure and how security to the day care will be provided. The PUD Master Plan allows a day care in the building although a day care is not currently operating. Staff has written a condition that would not allow a day care to operate in any portion of the buiding where there is also a Crisis Center operating simulateously. KEY DATES SUBMITTAL: November 1, 2024 NEIGHBORHOOD INFORMATION November 21, 2024 MEETING LEGAL NOTICE PUBLICATION: November 20, 2024 PROPERTY OWNER NOTICE MAILED: November 22, 2024 STAFF ANALYSIS The City of Topeka Planning Department has reviewed the zoning application relative to the required findings and conclusions in Topeka Municipal Code Section 18.245 (Findings and conclusions reflect the “golden factors” per Donald Golden v. City of Overland Park, 1978 Kansas Supreme Court) as is required for applications for rezoning. CHARACTER OF THE NEIGHBORHOOD: The character of the surrounding area is comprised of predominantly garden-style, multiple – family dwellings, one-story duplexes, single family dwellings, as well as larger swaths of vacant land that are zoned for residential use. Religious Assembly and other institutional uses, such as schools, have traditionally developed within residential neighborhood settings and are considered appropriate within residential settings. Religious Assembly uses often incorporate other accessory uses, such as community centers, day care centers, clothing and food banks as accessory uses that are supported by the Religious Assembly use. A crisis center may potentially complement the principal use of Religious Assembly. That being said, there are still concerns of staff that locating an emergency shelter, including short-term homeless residents has the potential to impact the residential character of a neighborhood that is already designated “At Risk” on the 2020 Neighborhood Health Map. However, there should be no change to the character of the neighborhood due to conditions of the PUD Master Plan limiting the 20-bed seasonal emergency shelter during inclement weather, and limited to October 16th through April 15th within any year, and only in coordination with and at the request of the City of Topeka. ZONING AND USE OF NEARBY PROPERTIES: The surrounding zoning to the west and east is zoned for multiple family residential that includes both duplexes and garden level, two to three story public housing apartment complexes. The zoning to the north is single family residential and developed with single family dwellings or remains vacant. PAGE 5 PUD 24-16 Paradise Providence Place Revision #2 LENGTH OF TIME THE PROPERTY HAS REMAINED VACANT AS ZONED OR USED FOR ITS CURRENT USE UNDER THE PRESENT CLASSIFICATION: The subject property has remained as zoned for a church, community center, and day care center since 2007. A day care is not currently operating in the building. Prior to Open Arms purchasing the building in approximately 2014, there were two other churches simultaneously using the building and sanctuary. Historically, the site was the location of Belvoir Elementary School from 1966 to the mid-1990s and was closed as part of the final phase of desegregation from the Brown v. Board case. SUITABILITY OF USES TO WHICH THE PROPERTY HAS BEEN RESTRICTED: The use of the property as restricted under the Master Planned Unit Development zoning allowing religious assembly, community center and day care is still suitable based on the established pattern of land uses and zoning in the area since these uses are complementary with the surroundings uses and accessory to the Religious Assembly. The church is currently using the east wing of the building and has converted the west wing for use as the Crisis Center and food and clothing bank. The change in zoning allows the owner(s) to fully utilize the west wing of the building and is an appropriate adaptive re-use to ensure the building will be fully occupied. CONFORMANCE TO THE COMPREHENSIVE PLAN: The subject property is located within the East Topeka Neighborhood Revitalization Plan boundary, which establishes the subject site for Institutional uses. This designation of the neighborhood plan was intended to recognize existing schools, churches, not-for-profit social services, medical agencies and utilities. The proposed use of the building to add a Crisis Center Type II that is accessory to, and operated by, the not-for-profit Religious Assembly organization is in conformance with this land use designation in the neighborhood plan. THE EXTENT TO WHICH REMOVAL OF RESTRICTIONS WILL DETRIMENTALLY AFFECT NEARBY PROPERTIES: The proposed amendment to the PUD Master Plan accommodates development of the property consistent with goals and objectives of the East Topeka Revitalization Plan’s Institutional land use classification for this area. The neighborhood plan does encourage and support the function and use of the building continuing for social services and there will not be any substantial changes to the use of the building that will detrimentally affect nearby properties. There may be a perceived detrimental effect upon the neighborhood by allowing a new short-term emergency shelter for transient residents within a neighborhood designated “At Risk” on the City of Topeka’s Neighborhood Health Map. However, the PUD Master Plan limits residential use to 6 residents and 2 caretakers in residence allowed throughout the year, and use of the 20-bed emergency shelter for inclement weather is restricted to October 16th through April 15th in any year, and employed only in coordination with and at the request of the City of Topeka. THE RELATIVE GAIN TO THE PUBLIC HEALTH, SAFETY, AND WELFARE BY THE DESTRUCTION OF THE VALUE OF THE OWNER’S PROPERTY AS COMPARED TO THE HARDSHIP IMPOSED UPON THE INDIVIDUAL LANDOWNER: The proposed revision to the PUD Master Plan accommodates development of the property consistent with the goals and objectives established by the East Topeka Neighborhood Plan’s Institutional land use classification for this area and ensures the “historical” school building remains fully occupied with an active use. If left unmaintained and vacant it may become another eyesore to the neighborhood as it continues to decline in condition. There is also a hardship upon the landowner as they have been operating under a grant since 2022 without knowledge that a rezoning was necessary for the food/clothing bank and an emergency shelter. It would be difficult to relocate their uses to another building/site and this would also leave the building unoccupied to further decline in condition. AVAILABILITY OF PUBLIC SERVICES: All essential public roadways, utilities, and services are currently present and available within the area. COMPLIANCE WITH ZONING AND SUBDIVISION REGULATIONS: Development under the proposed zoning will require compliance with the conditions detailed in the PUD master plan for Paradise Providence Place PAGE 6 PUD 24-16 Paradise Providence Place Revision #2 STAFF RECOMMENDATION Based upon the above findings and analysis, Planning staff recommends APPROVAL of the amendment to the Master Planned Unit Development Plan for Paradise Providence Place to allow a Crisis Center Type II subject to the conditions stated below: PLANNING COMMISSION MOTION: Based on the findings and analysis in the staff report, I move to recommend to the Governing Body APPROVAL of the amendment to the Master Planned Unit Development Plan for Paradise Providence Place to allow a Crisis Center Type II subject to the conditions stated below: 1. Adding the following note: “All restrictions set forth by Paradise Providence Place master PUD Plan as recorded in Book 45 Page 13 on October 31, 2007 shall remain in effect unless stated otherwise on this amendment.” 2. Add note under Building and Structural Notes: “All residential uses, food and clothing pantry, and any associated accessory uses shall comply with applicable City of Topeka Building and Life Safety Codes.” 3. Add note under Building and Structural Notes: “A Day Care Center is not permitted in any wing of the building where there is the simultaneous operation of the Crisis Center Type II.” 4. Add to the beginning of the first sentence under “Project Performance Objective”: “Revision #2 to the master plan will allow….” Planning Commission Motion: In its motion to approve by a vote of 8-0-1, the Planning Commission requested the following changes to condition #3: Add new note under Building and Structural Notes: “A Crisis Center Type II and any other residential use is limited to the west wing of the building. A day care center is limited to the east wing of the building.” ATTACHMENTS: Statement of Operations Aerial Map Zoning Map Future Land Use Map Neighborhood Meeting Attendance Comment from Police Department PAGE 7 PUD 24-16 Paradise Providence Place Revision #2  TOPEKA PLANNING COMMISSION Monday, December 16, 2024 CASE MINUTES Members present: Willie Brooks, Jennifer Hannon, Jim Kaup, Jeff Lolley, Joesph Mauk William Naeger, Katy Nelson, Donna Rae Pearson (8) Members Absent: Del-Metrius Herron (1) Staff Present: Rhiannon Friedman, Planning & Development Director; Dan Warner, Planning Director Michael Hall, Land Use Planning Manager; Ann-Marie Driver; Planner, Paul Turner, Planner; Amanda Tituana-Feijoo, Administrative Officer; Mathew Mullen, Legal, Amanda Stanley, Legal, and Brandy Roy- Bachman, Legal PUD24/16, Paradise Providence Place (Revision Number 2) The purpose of the PUD amendment is to allow a Crisis Center, Type II (permitted by a conditional use in the X-2, D-1 or D-2 Districts) included within Area B of the Master PUD Plan operated in association with, and accessory to, the religious assembly use currently on the property. This Crisis Center will include the following uses: 1.) Temporary boarding and lodging for a maximum of six (6) individuals until said individuals can secure employment 2.) Boarding and lodging for seasonal emergency overnight 24-hour shelter for up to twenty (20) additional persons 3.) A food and clothing pantry 4.) A permanent residence for up to two full time building caretakers Staff: Ann- Marie Driver presented the staff report and staff’s recommendations of approval. Ms. Driver stated that this rezoning application is in response to life safety code violations that are in the process of being resolved. Questions/Comments from Commissioners: Commissioner Kaup asked about the seasonal occupation that was listed within the staff report. Ms. Driver stated that it will run from October through April, and at times when the city declares inclement weather. Commissioner Kaup asked for clarification on the “times of inclement weather” that was stated in the staff report, and if it is in addition to the time periods from October through April. Ms. Driver stated the intention was at the times the city declares inclement weather between the months of October and April. Commissioner Pearson stated that she assumes the inclement weather being referred to is during the winter months but asked about any inclement weather during the summer months. Director Friedman stated that the city works through inclement weather via warming centers. Although she does not disagree that the inclement weather happens in the summer months as well, the city relies on the county for support during the warmer months. The city just helps with the warming centers and severe cold temperatures. Commissioner Pearson asked if the applicant can only operate a warming center, and Director Friedman stated that would be the use for the 20 beds. Commissioner Kaup asked staff to revise the staff report to reflect “October through April and only for use during those months at times of inclement weather”. Mr. Hall pointed out that in the master plan there is a statement that is more specific. “A seasonal emergency shelter or overnight shelter is only permitted from October 16 through April  15, and only in coordination with and at the request of the City of Topeka. Commissioner Kaup would still like to see the phrase “during those months” added to deter any confusion. Commissioner Kaup asked about the daycare (that has not been, and is not now in operation), and whether arises from the “M2” zoning and is a part of the original PUD. Commissioner Kaup asked If that were to be deleted, and if the original PUD would have to be amended. Mr. Hall stated that there could be verbiage in the conditions of approval that the daycare could not be permitted. Commissioner Pearson stated that the staff report already states that there is no daycare permitted. Commissioner Hannon clarified that no daycare center is permitted to operate simultaneously when the crisis center is operating. Mr. Hall stated daycare centers are currently allowed when they are accessory to religious assembly. Commissioner Hannon asked for clarification on the six beds used for temporary residents, and what the definition of “temporary” is. Mr. Hall said the intent is for the homeless population that needs shelter, but there is no designated limit. Commissioner Pearson asked Director Friedman about the definition of time in the “unhoused” world. Director Friedman said that it is a term that is determined community by community and could be made up of the existing resources, but unfortunately no. Commissioner Naeger asked about the government interest of the four restrictions that are recommended in the staff report. Mr. Hall stated that the compelling interest on the daycare is based on the feedback from the police department, which was public safety. As far as the six beds, they need to comply with the building and fire codes in terms of zoning. As far as the 20 beds, if that is allowed unrestricted, then that could set a precedent and could occur in other neighborhoods. Commissioner Pearson asked how many other facilities are zoned to serve homeless on that side of town. Mr. Hall stated zero. Applicant/Owner Representative: Joshua Bielinski, SBB Engineering Tina Carter, Open Outreach Ministries Commissioner Kaup asked Mr. Bielinski about the starting up the daycare. Mr. Bielinski stated that the daycare “language” was included in the original PUD, and the applicant has no concerns about removing that language from the PUD. Ms. Carter stated that with the money received from the grant, Open Arms bought 20 beds in case the city needed to use them. In the last two years, the city has not called yet with a need. Ms. Hannon asked about the temporary beds. Ms. Carter stated that it depends as sometime clients are there for a couple of months, and then other times for a few weeks. It depends on the services that they are waiting for, but there have been people transitioning out and transitioning in. City attorney, Mathew Mullen, stated that to remove the childcare issue there would need to be a compelling issue, and currently he is not seeing one. Commissioner Pearson stated that it could be left on with the understanding that the daycare won’t be utilized, because if it gets taken out now, then the commissioners will have to prove it. Mr. Hall asked if the intent was to not allow the daycare at all, and Commissioner Pearson stated no. Commissioner Pearson opened the hearing for public comment. With no one coming forward, the public hearing was closed. Discussion by Commissioners: Commissioner Kaup would like to propose to replace condition in the staff report to say the applicant should not operate a daycare center, and they can add it back in for a future Planning Commission meeting. Mr. Kaup expressed concern of mixing the populations of the daycare kids with the homeless. Commissioner Pearson stated, to her understanding, that the way it reads currently does not prevent the applicant from coming back in the future. However, if the verbiage is removed now then there will have to be a compelling reason and currently there is not one. PAGE 2 .18  Commissioner Brooks stated the argument has already been made about mixing the two populations is not safe for the public, and therefore point three exists to assume that by mixing the two populations is not safe for the public. Commissioner Brooks agrees with Commissioner Kaup, that even though the two populations are in different wings, the daycare population is still not safe. Commissioner Brooks would like to restrict the use of the daycare in the facility if the homeless shelter is inside. Commissioner Kaup is proposing to “kick the can” down the road, as there is not a daycare center currently being proposed. If there is a condition that states there will not be a daycare center, then the applicant can still come back and try to change it. At that point, there would be an informed discussion about whether or not there is a safety issues between the two populations. Commissioner Pearson pointed out that, as it is written right now, the applicant is not prohibited to come back in the future to attempt to change anything. If the language is left alone, it is still open to possibilities. If the commissioners decide to remove the language, then they are guiding a direction that might not even be necessary, and there is not a compelling reason to change it outside of our personal opinions. Commissioner Kaup asked about the verbiage” not permitted in any wing”. Mr. Mullen stated, the way he reads it, that if there is a crisis center operating in one wing, then the daycare center can not also operate in that same wing. Mr. Hall stated the applicant does not want to operate a daycare, and they haven’t operated one. They do want to operate the homeless residence. If you have a statement on master plan that has the text in it, then they can come back with an amendment. Commissioner Naeger asked about the clarification of the current language. If there is a crisis center in wing A, then there can’t be a daycare center in wing A. Mr. Hall stated that assumption is correct. Commissioner Kaup stated just because there are separate “wings” in the building doesn’t mean that the populations are separated in the parking lot or hallway. Commissioner Brooks stated he would like to propose the use of the day care center. Director Friedman stated that there are other shelters that operate as a day care center during the day. Sometimes those populations are not exclusive of each other, as sometimes there are families and having the option for daycare during the day could be some thought for the future. Mr. Mullen stated that staff recommendation three addresses the public safety concern, but asked if it is written to resolve the issue in the most least restrictive way? Commissioner Naeger stated that is what he finds the most compelling, as this is a government interest that needs to be acted on, but also going about achieving the interest in the least restrictive way. Commissioner Brooks asked if the wings of the building could be clarified? Mr. Hall stated that the wings on the master plan are not actually labeled, but one wing is on the east side and one on the west side. Motion by Commissioner Naeger, second by Commissioner Nelson to move for approval, as presented in the staff report, noting the revision on recommendation three which clarifies the crisis center and the daycare center cannot be in the same wing, and each wing must be labeled “East” and “West”. Approved 7-0-1 PAGE 3 .18  MASTER PLANNED UNIT DEVELOPMENT BOOK PAGE PARADISE PROVIDENCE PLACE REVISION NO. 2 DATE TIME JEM 1/3/2025 Planning Commission comments Description Date Rev. By 1 Open Arms Ministries, Inc. 2202 SW Moundview Drive Filed for record in the office of The Shawnee County Register of Deeds this day of , 2025, at Area "B" Description: Signage Notes: o'clock m. Lots 1, 3, 5, 7, 9, 11, 13, 15, 17, 19, 21, 23 and 25, Block 8 1. Permitted signage shall be limited to a maximum of two (2) signs consisting of either two (2) monument signs or one (1) AND monument sign and one (1) wall sign, only one of which may be internally illuminated with the size of the illuminated portion of Lots 2, 4, 6, 8, 10, 12, 14, 16, 18, 20, 22, 24, 26, 28, 30, 32 and 34, Block 8, ALL in the Bell View Addition, City of Topeka, Shawnee the sign not to exceed 25 square feet in area. Monument signage shall be limited to a maximum sign area of 40 square feet and Topeka, Kansas 66614 County, Kansas. not more than 5 feet in height. Wall signage shall be limited to a flat wall mounted sign on the face of the building not exceeding ALSO a maximum sign area of 40 square feet. Monument signage may be located at the entrance to the development or at street All the West Half of vacated Bellview Avenue adjacent to said Lots 1 through 25 odd, Block 8 in said Bell View Addition. intersections. PREPARED FOR: ALSO 2. Signs must be approved by separate sign permit application(s). All of vacated alley running North and South between Lots 1 through 26 and all of said Alley adjacent to Lots 28 through 34 in Block Rebecca J. Nioce, Register of Deeds 8, Bell View Addition, City of Topeka, Shawnee County, Kansas. 3. TMC 18, Division 2 Signs governs all other signs unless specifically stated herein. Project Performance Objectives: Landscaping Notes: Revision #2 to the master plan will allow the existing Religious Assembly use to operate a Crisis Center Type II in conjunction with and 1. If necessary, a Landscape Plan for the any development in this area must be submitted at the time of Site Plan Review, including This Planned Unit Development Master Plan was approved in accordance with the provisions of Chapter 18.190 of the Comprehensive accessory to the religious assembly use. The Crisis Center will provide food, a seasonal emergency shelter on a temporary and point values, types, quantities as determined by The City of Topeka's Landscape Regulations TMC 18.235 and as stated herein, Zoning Regulations of the City of Topeka, Shawnee County, Kansas. The Plan may only be amended as set out in TMC 18.190.070, or transient basis, clothing, training and human and social services to people in need within the community; and to become integrated must be approved by The Planning Director at the time of site development for any new improvements, including TMC 18.235.070 as prescribed in the resolution that created the Planned Unit Development, or as may subsequently be approved, amended, and with the adjacent residential community where the majority of the units are reserved for senior adults, living in one- and two-bedroom regarding additional points for the removal of existing significant trees. Landscaping must be provided and emphasized along recorded. duplexes. visible street frontages and Interstate 70. 2. If necessary, the care, maintenance and ownership parking areas, utilities, access ways, fencing and landscaping shall be the responsibility of the owner(s). All landscaping must be installed pursuant to the schedule and properly maintained. If any portion of General Notes: the landscaped material dies, it must be replaced by the next planting season. 1. The Owner/Applicant shall provide The Planning Department A PUD Master Plan suitable for recording with The Shawnee County Register of Deeds in accordance with TMC 18.190.060(B). The owner shall follow the same schedule for Minor Amendments. OWNER'S CERTIFICATE: Open Arms Outreach Ministries, Inc, and all future assigns, agree to comply with the conditions and restrictions of the PUD named 2. All restrictions set forth by Paradise Providence Place master PUD Plan as recorded in Book 45 Page 13 on October 31, 2007 Building and Structure Notes: PARADISE PROVIDENCE PLACE REVISION NO. and 2the PUD Master Plan. SBB Engineering, LLC shall remain in effect unless stated otherwise on this amendment. 1. The existing building in Area "B" is approximately a 33,500 sf single story structure, used for Religious Services in the sanctuary, 3. All applicable base zoning regulations shall apply unless stated otherwise on this plan. Administrative Offices, Food Pantry – for public, Clothing Pantry – for public, Residence for two (2) Caretakers, Temporary Residence for up to six (6) people, and Emergency overnight shelter for up to twenty (20) people. All residences share a single IN TESTIMONY WHEREOF, the owner, Open Arms Outreach Ministries, Inc, a Kansas Corporation, have caused these presents to be 4. Interior rooms and uses shown on this graphic is for informational purposes only. kitchen and have a common living and restroom space. signed this day of , 2025 gniyevrus· 2. All residential uses, food and clothing pantry, and any associated accessory uses shall comply with applicable City of Topeka Utility Notes: Building and Life Safety Codes. 1. Property owners shall be admonished from placing any permanent or semi-permanent obstruction in permanent sewer, drainage or 3. A Crisis Center Type II and any other residential use is limited to the West wing of the building. A day care center is limited to Tina Carter utility easements. This includes, but is not limited to, trees, shrubs, fences, retaining walls, buildings or other miscellaneous the East wing of the building. obstructions that interfere with access or egress of maintenance vehicles or equipment for the operation and maintenance of the mln p ot eevedetis· STATE OF KANSAS utilities or pipe lines located in the easement. Any permanent or semi-permanent obstruction located in the permanent sewer or COUNTY OF SHAWNEE, SS: utility easement may be removed by personnel representing the governing body, to provide for the proper operation and Floodplain Note: eu nvAsasn KahtuS1 o0 maintenance of that utility line, without cost or obligation for replacement, cost of removal, and/or replacement shall be the Be it remembered that on this day of , 2025, before me, the undersigned, a notary public in and for the 6 03sasn Ka ,a kep oT According to "FIRM" Map Community Panel Number(s) 20177C0217E, effective September 29, 2011 this property is in Flood Zone X, County and State aforesaid came Tina Carter, of Open Arms Outreach Ministries, Inc., who is personally known to me to responsibility of the property owner. m.gn oc ebs ww.w /8 6 3 0-2 15)7 85( :P h area of minimal flood hazard. be the same person who executed, the within instrument of writing. 2. Water service shall be provided by City of Topeka Water Department. n oitatro psn art 3. Sanitary Sewer service shall be provided by City of Topeka Public Sanitary Sewer system. Project Program: IN WITNESS WHEREOF: I have hereunto set my hand and affixed my notarial seal the day and year last written above. 4. If necessary, all fire hydrant locations and required turnarounds shall be approved by The City of Topeka Fire Department as part Total Area: 7.00 Acres, more or less of the improvement plans prior to the start of construction. Area "A" Description:Lot 1, Block 'A', Ybarra Place Subdivision, City of Topeka, Shawnee County, Kansas. Area "A": 3.13 Acres M/L Notary Public My Commission Expires Circulation, Parking Traffic and Maintenance of Improvements Notes: Existing Structures:There are 15 Duplexes within this area. 1. All drives, lanes, and privately owned access ways providing accessibility to structures, buildings, and uses within the planned unit development shall be considered and serve as mutual rights of access for owners, tenants, invited guests, clients, customers, Proposed Structures:There are no modifications to Area "A" with this revision. supports and utility service personnel and emergency service providers, including law enforcement, fire protection, and ambulance Zoning Use Group:Refer to the Master Planned Unit Development Paradise Providence Place Revision No. 1, recorded in services. All access ways providing general accessibility to, and circulation among, the uses within the planned unit development Book 54, Page 60 at The Shawnee County Register of Deeds Office. shall be maintained at all times in good serviceable condition with the maintenance of said access ways being the responsibility of the owner(s). CERTIFICATION OF MASTER PUD PLAN APPROVAL: 2. A 40-foot sight triangle shall be maintained at all entrances, with no obstructions over 30 inches above grade within this area. MASTER PLANNED UNIT DEVELOPMENT 3. Area B shall retain the location of the existing access points onto SE 11th Street, one lying 70 feet East of the East Right-of-Way Area "B": 2.83 Acres M/L for SE Long Street, and the other aligning with the SE Bellview Avenue Right-of-way. When necessary, a new access point onto Existing Structure:Approximately 33,500 sf Single Story Structure SE Long Street shall replace the existing access located near the South property boundary. Said proposed access point shall be Dan Warner, AICP Planning Director Date located North of the South line of Lot 34, Block 8, Bell View Addition. Proposed Structure:There are no proposed structures with this revision. 4. A Joint Use Area between the owners of Area "A" and Area "B" has been recorded at The Shawnee County Register of Deeds Zoning Use Group:M-2 plus the addition of a Crisis Center Type II STATE OF KANSAS Office on Document 2018R16655. Permitted Uses:Community Center and Day Care Center Type II; OR Religious Assembly; and Crises Center Type II along COUNTY OF SHAWNEE, SS: 5. If necessary, any new drives, parking areas, approaches and/or walks shall be constructed to The City of Topeka Standards. with a Day Care Center Type II, operated in association with and accessory to the religious assembly. Be it remembered that on this day of , 2025, before me, the undersigned, a notary public in and for the The Crisis Center Type II includes a temporary residence for a maximum of six (6) individuals until said Open Arms Ministries, Inc. County and State aforesaid came Dan Warner, who is personally known to me to be the same person who executed, the within individuals are able to secure employment; and a place of residence, a seasonal emergency overnight instrument of writing. shelter (24 hour) for a maximum of twenty (20) additional persons. The seasonal emergency overnight shelter is only permitted from October 16-April 15 and only in coordination with and at the request of the City of Topeka. In addition to the aforementioned uses, a caretaker’s residence for up to two (2) IN WITNESS WHEREOF: I have hereunto set my hand and affixed my notarial seal the day and year last written above. caretakers and/or security staff is permitted on a full-time basis and a food and clothing bank are allowed 2401 SE 11th Street as part of the Crisis Center Type II. Additional Notes:All activities associated with meal preparation and service and merchandise and food distribution shall be PARADISE PROVIDENCE PLACE REVISION NO. 2 interior to the building. Notary Public My Commission Expires Topeka, Kansas 66607 PROJECT LOCATION: SHEET TITLE: SBB Proj. No.: 17-185-1 Drawn by: JEM Checked by: PLL Date: 11/01/2024 Drawing No.: Sh. 1 of2  MASTER PLANNED UNIT DEVELOPMENT BOOK PAGE PARADISE PROVIDENCE PLACE REVISION NO. 2 DATE TIME JEM 1/3/2025 Planning Commission comments N Description Date Rev. By Scale: 1" =30' SE 11th Street 1 0 30' N88°53'19"E 299.45' Open Arms Ministries, Inc. 19.50' Storm Water Management 17.00' Easement (by plat) 2202 SW Moundview Drive 1 2 Room 6 Classroom 3 Existing Duplex Topeka, Kansas 66614 4 Existing Duplex Existing Duplex Offices Existing Duplex Recreational Room PREPARED FOR: 5 Food Bank 6 Classroom Rest Room 5 Room 8 CK 8 7 Joint Use Area BLO Rest Food Bank Rest Rest Classroom Room t~ Room Room SE Legacy Lane alt P a vemen t~ ph Ex. As (Doc. 2018R16655) alt P avemen 9 (Private) ~ 10 ~ Ex. Asph 2 Hour Separation Storage Kitchen/Dining Administration Offices Utility Room S00°13'48"E 330.05' RE SE Golden Avenue Library 11 12 Storage SID AR EN EA Formerly SE Bellview Ave Vacated SBB Engineering, LLC CH Rest TIA "A Room 4 UR Kitchen Room LH " CH 14 13 Ord. 10696 Bk. 1483, Pg. 609 OU Existing Duplex Existing Duplex Storm Water PL S gniyevrus· US & Res. No. 1265 Bk. 1658, Pg. 648 Management IN G Clothing Bank Easement DA YC AR Retained As Utility Easement (by plat) Room 3 16 AR EA 15 E F "B" AC N00°15'41"W 434.94' Room 2 ILI mln p ot eevedetis· TY eu nvAsasn KahtuS1 o0 AN 17 30' Ingress-Egress & SE Legacy Street 18 6 03sasn Ka ,a kep oT Room 1 D Utility Easement SE Long Street Sanctuary CR m.gn oc ebs ww.w /8 6 3 0-2 15)7 85( :P h (by plat) ISI SC Existing Duplex Existing Duplex n oitatro psn art (Private) EN 19 8 20 TE CK R Studio BLO Existing Duplex 21 22 24 23 Waterline Easement SE Memory Lane 15' )16.Pg,4803.Bk( (Private) ~ ement MASTER PLANNED UNIT DEVELOPMENT Edge of Ex. Asphalt Pavement (typ) lt P av Joint Use Area ha 26 25 ~Ex. Asp (Doc. 2018R16655) S88°55'13"W 157.04' ~ av ement x . A s phalt P 28 ~ E EX. 70' R/W Open Arms Ministries, Inc. Existing Duplex Existing Duplex S00°14'39"E 104.95' 30 Existing Duplex 2401 SE 11th Street Existing Duplex Existing Duplex Existing Duplex 32 PARADISE PROVIDENCE PLACE REVISION NO. 2 Topeka, Kansas 66607 33 BLOCK 7 34 PROJECT LOCATION: S88°52'40"W 142.20' SHEET TITLE: SBB Proj. No.: 17-185-1 Drawn by: JEM Checked by: PLL Date: 11/01/2024 Drawing No.: Sh. 2 of2  SE GILMORE AVE SE HIGHLAND AVE SE REPUBLICAN AVE SE 10TH ST SE 10TH ST SE 10TH ST SE BELLVIEW AVE SE BRYAN ST SE POWELL ST SE LONG ST Subject SE 11TH ST Property SE POWELL ST SE LEGACY ST SE 11TH TER SE LEGACY LN SE GOLDEN AVE SE HI GHL SE 12TH ST SE MEMORY LN AN SE GILMORE CT D CT SE INTERSTATE 70 HWY SE INTERSTATE 70 HWY SE LONG ST SE 13TH ST PUD24/16 By: Open Arms Ministries (Paradise Providence Place PUD - Revision #2) ¯  SE GILMORE AVE SE HIGHLAND AVE SE REPUBLICAN AVE SE 10TH ST SE 10TH ST SE 10TH ST SE BELLVIEW AVE SE BRYAN ST SE POWELL ST SE LONG ST Subject SE 11TH ST Property M-2 SE POWELL ST SE LEGACY ST SE 11TH TER SE LEGACY LN SE GOLDEN AVE SE M-2 HI GHL SE 12TH ST SE MEMORY LN AN SE GILMORE CT D CT SE INTERSTATE 70 HWY SE INTERSTATE 70 HWY SE LONG ST City of Topeka SE 13TH ST PUD24/16 By: Open Arms Ministries (Paradise Providence Place PUD - Revision #2) ¯ From: Kelvin Johnson Sent: Tuesday, November 19, 2024 1:26 PM To: Ann-Marie Driver Subject: RE: PUD24/16 Paradise Providence Place Revision #2 (2401 SE 11th St.) Based on what I can see in the plans that are attached, I have a few questions, mostly revolving around the daycare. This is a high-crime area, so I would be interested in how the daycare is going to be laid out and what security measures would be in place to prevent people from walking in and kids from walking out. Along those same lines, without some good security measures in place, I do not like the idea of the daycare being in the same building as the crisis center. There are no plans as to how this is going to be carried out so I can’t say much more than I have a concern on that. These are both resources that the area could use, but they will need some thought to ensure they are successful. LT Kelvin Johnson #397 Executive Bureau Crisis Negotiations Team Topeka Police Department 320 S Kansas Ave Suite #100 Topeka, KS 66603 785-368-9528 kmjohnson@topeka.org From: Ann-Marie Driver <amdriver@topeka.org> Sent: Tuesday, November 19, 2024 8:50 AM To: Kelvin Johnson <kmjohnson@Topeka.org> Subject: FW: PUD24/16 Paradise Providence Place Revision #2 (2401 SE 11th St.) Lt. Johnson, I am forwarding you a item for review if you haven’t already reviewed this yet in City Works. Please see the attached submittal and application. The applicant has made an application to rezone their property to accommodate a crises center as an emergency shelter for homeless individuals. If you have any concerns or questions, pleased feel free to reach out to myself at the number below. Thank you, Ann-Marie Driver, AICP Land Use Planner II City of Topeka Planning Division 620 SE Madison 3rd Floor Direct: 785-368-3010 Email: amdriver@topeka.org From: Amanda Tituana-Feijoo <atfeijoo@topeka.org> Sent: Tuesday, November 5, 2024 11:11 AM To: Bob Nugent - TMTA <rnugent@topekametro.org>; Jessica Moberly <jmoberly@topekametro.org>; steve.bauman@snco.us; Daniel Chase ATT <dc2553@att.com>; Ezra Brown AT&T <eb409q@att.com>; Anna Frizell <anna.frizell@onegas.com>; Ryan Browning <ryan.browning@onegas.com>; Ryan Olson - Onegas <ryan.olson@onegas.com>; Glenn Calhoon <glenn.calhoon@cox.com>; Evergy Group <DesignGroupTopeka@evergy.com>; Steve Baalman <Steve.Baalman@ks.gov>; janelle.phillips@kda.ks.gov; Joni Thadani (joni.thadani@snco.us) <joni.thadani@snco.us>; Curt Niehaus - SNCO Pwks <curt.niehaus@snco.us> Cc: Ann-Marie Driver <amdriver@topeka.org> Subject: PUD24/16 Paradise Providence Place Revision #2 (2401 SE 11th St.) Good morning, Attached you will find documents that need to be reviewed. Please have all comments to Ann-Marie by November 19, 2024. Here's the attachment as a link for your review: OwnerAuthorization - signed.pdf Add your comments and collaborate with others in real time. You don't need to download Acrobat or sign up to access the file. Here's the attachment as a link for your review: Open Arms PUD07-5B vicinity map 200ft (1).pdf Add your comments and collaborate with others in real time. You don't need to download Acrobat or sign up to access the file. Here's the attachment as a link for your review: 241101 17-185-1 PUD Rev.2 (1).pdf Add your comments and collaborate with others in real time. You don't need to download Acrobat or sign up to access the file. Thanks, Amanda Tituana-Feijoo 620 SE Madison, 3rd Floor, Unit 11 Topeka, Ks 66607  City of Topeka Council Action Form Council Chambers 214 SE 8th Street Topeka, Kansas 66603 www.topeka.org January 21, 2025 DATE: January 21, 2025 CONTACT PERSON: Rhiannon Friedman, DOCUMENT #: Planning and Development Director SECOND PARTY/SUBJECT: Gen III Construction PROJECT #: and Development LLC CATEGORY/SUBCATEGORY 020 Resolutions / 005 Miscellaneous CIP PROJECT: No ACTION OF COUNCIL: JOURNAL #: PAGE #: DOCUMENT DESCRIPTION: FUNDING AGREEMENT between Gen III Construction and Development, LLC and the City of Topeka, Kansas. RESOLUTION introduced by City Manager Dr. Robert M. Perez providing notice that the City is considering establishing a Reinvestment Housing Incentive District (“RHID”) for the Sherwood Village Park; adopting a plan for the development of housing and public facilities in the proposed RHID; and establishing the date and time of a public hearing. Voting Requirement: Action requires at least six (6) votes of the Governing Body. (If the funding agreement is approved the developer will pay the City sufficient moneys to cover the City's cost in analyzing and effecting the districts creation. Approval of the resolution would set a public hearing date of February 11, 2025, to entertain public comment.) VOTING REQUIREMENTS: Action requires at least six (6) votes of the Governing Body. POLICY ISSUE: Whether to follow state law and set a Public Hearing to consider the establishment of a reinvestment housing incentive district ("RHID") for Sherwood Village Park and approve the attached Funding Agreement. STAFF RECOMMENDATION: Staff recommends the Governing Body approve the Resolution setting the Public Hearing and approve the attached Funding Agreement BACKGROUND: Gen III Construction, LLC has applied for reinvestment housing incentives pursuant to the Reinvestment Housing Incentive District Act, K.S.A. 12-5241 et seq. The Secretary of Commerce has authorized the City to proceed with considering the establishment of the RHID and adopting a plan for housing facilities. The next step in the process is to set a public hearing to consider public comment, publish a hearing notice in the Topeka Metro Newspaper and notify the Shawnee County Commission and the Board of Education of USD 437. The public hearing will be on February 11th, 2025. Additionally, staff is seeking approval of the proposed Funding Agreement for the Sherwood Village Park RHID. If approved, the developer will pay the City sufficient moneys to cover the City's cost in analyzing and effecting the districts creation. BUDGETARY IMPACT: There is no budgetary impact to the City. SOURCE OF FUNDING: Funding agreement with developer will serve as the funding source to evaluate the proposed RHID project ATTACHMENTS: Description Sherwood Village Park RHID Funding Agreement Resolution Setting Public Hearing - Sherwood Village Park 9452 - COT RHID Policy Sherwood Village Park RHID - Housing Dev. Plan KS DOC Approval of District Creation Resolution 9527 - Requesting KDOC Approval Sherwood Village Park RHID - District Creation Application  1 (Published in the Topeka Metro News __________________) 2 3 RESOLUTION NO. ________ 4 5 A RESOLUTION introduced by City Manager Dr. Robert M. Perez providing notice that 6 the City is considering establishing a Reinvestment Housing Incentive 7 District (“RHID”) for the Sherwood Village Park; adopting a plan for the 8 development of housing and public facilities in the proposed RHID; 9 and establishing the date and time of a public hearing. 10 11 WHEREAS, on May 30, 2024, the Kansas Secretary of Commerce determined that 12 the findings by the Governing Body articulated in Resolution No. 9527 meet the 13 requirements of K.S.A. 12-5244(c) and that the Governing Body may proceed with 14 establishing the RHID; and 15 WHEREAS, the City has prepared a plan for the development of housing and public 16 facilities in the proposed RHID in accordance with the provisions of the Kansas 17 Reinvestment Housing Incentive District Act, K.S.A. 12-5241 et seq. 18 NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE 19 CITY OF TOPEKA, KANSAS, that: 20 Section 1. Establishment of the Sherwood Village Park RHID. Pursuant to K.S.A. 21 12-5245(a), the proposed RHID will be established within the boundaries of the real estate 22 legally described and attached in Exhibit A. A map depicting the existing parcels of real 23 estate in the proposed RHID is attached as Exhibit B. A list of the existing assessed 24 valuation of the real estate in the proposed RHID and the names and addresses of the 25 owners of record of all the real estate parcels within the proposed RHID is attached as 26 Exhibit C. 27 Section 2. Proposed Plan (“Plan”). The Governing Body further declares its intent 28 to adopt the Plan that is filed in the office of the City Clerk and available for public RES/Set PH for Sherwood Village Park RHID 1/6/25 1 29 inspection during normal business hours. A description of the housing and public facilities 30 project proposed to be constructed is attached as Exhibit D. A summary of the contractual 31 assurances by the developer and the comprehensive feasibility analysis are attached as 32 Exhibit E. 33 Section 3. Funding Agreement. Pursuant to the RHID Policy adopted in Resolution 34 No. 9379, the Governing Body has considered the funding agreement that requires the 35 developer to reimburse the City for the costs in analyzing and effecting the RHID’s creation. 36 Section 4. Public Hearing. Notice is hereby given that a public hearing will be held 37 to consider the establishment of the Sherwood Village Park RHID and adoption of the Plan. 38 The hearing will take place in the City Council Chambers, 214 SE 8th Street, Topeka, 39 Kansas, at 6:00 p.m. on February 11, 2025. Members of the public are invited to review 40 the Plan and comment at the public hearing. At the conclusion of the public hearing, the 41 Governing Body may establish the RHID and adopt the Plan. 42 Section 5. Publication; Notification to Entities. The City Clerk is directed to publish 43 this resolution, including the exhibits, one time in the Topeka Metro News not less than one 44 week or more than two weeks preceding the date of the public hearing. The City Clerk is 45 also directed to deliver a certified copy of this resolution to: (a) the City Planning 46 Commission; (b) the Board of Education of USD 437; and the Board of Commissioners for 47 Shawnee County. 48 Section 6. Effective Date. This resolution shall take effect after its adoption by the 49 Governing Body. 50 RES/Set PH for Sherwood Village Park RHID 1/6/25 2 51 ADOPTED and APPROVED by the Governing Body on ________________. 52 CITY OF TOPEKA, KANSAS 53 54 55 56 57 Michael A. Padilla, Mayor 58 59 ATTEST: 60 61 62 63 ______________________________ 64 Brenda Younger, City Clerk RES/Set PH for Sherwood Village Park RHID 1/6/25 3  EXHIBIT A (Legal Description) All of Lot 1, 2, and 3 of Block "B" in Sherwood Professional Park, FKA Crestridge Square Subdivision No.2 In the City of Topeka, Shawnee, County Kansas.  EXHIBIT B (Map; Existing Parcels in Proposed RHID)  EXHIBIT C (Parcels of Proposed District) Land Parcel ID Owner Owner Address (Assessed) SHERWOOD 2858 SW VILLA 1441701001006010 WEST DR, OFFICE PARK TOPEKA KS $89,990 Block B, Lots 1, 2, 3 2016 LLC 66614  EXHIBIT D (Description of Housing; Public Facilities) The Sherwood Village Park will consist of 10 duplexes, equaling 20 units total. Gen III intends to develop and rent these 20 units. The residences will be approximately 1400 sf between consisting of one floor plan, featuring 3 bedroom, 3 bath with a double car garage.  EXHIBIT E (Contractual Assurances; Feasibility Analysis) The Governing Body will enter into a development agreement with the developer. This agreement will include the project construction schedule, a description of the project and the financial obligations of the developer and financial and administrative support from the City. The City’s financial advisor has prepared a financial analysis that is available in the City Clerk’s office. The financial advisor has determined that, pursuant to K.S.A. 12-5245(a)(7) and based upon a review of information provided by the developer, the Plan’s benefits and RHID revenue and other available revenues are expected to exceed or be sufficient to pay for the Plan’s project costs. DocuSign Envelope ID: 3CB59550-3EEE-45A0-841F-030C97251A6B Department of Commerce Phone: (785) 296-3481 1000 S.W. Jackson St., Suite 100 Fax: (785) 296-5055 Topeka, KS 66612-1354 KansasCommerce.gov David C. Toland, Secretary Laura Kelly, Governor May 30, 2024 Rhiannon Friedman Planning and Development Director 214 SE 8th Street Topeka, KS 66603 RE: Request for Approval of Reinvestment Housing Incentive District - Sherwood Professional Park Subdivision in Topeka, Kansas Dear Ms. Friedman: This will acknowledge receipt of the City of Topeka’s application received May 16, related to participation in the Kansas Reinvestment Housing Incentive District Act. I have reviewed Resolution No. 9527 as passed by the governing body and submitted to the Kansas Department of Commerce (Commerce) pursuant to the Reinvestment Housing Incentive District Act found at K.S.A. 12-5244 et seq. I have further reviewed the 2020 Housing Needs Analysis (Analysis) prepared by the City and upon which the resolution was based. The process of establishing a Reinvestment Housing Incentive District requires the Analysis to summarize and determine the nature and extent of housing needs within the community. The Analysis must then be adopted by the governing body and is subject to the review and approval of the Secretary of Commerce. The Act sets out four findings and determinations which must be included in the Analysis and adopted by the City. Based on my review of the original application material and supplemental information provided by the City of Topeka, I hereby agree with and approve the findings set forth in the resolution passed by the City of Topeka to wit: 1. There is a shortage of quality housing, including affordable single family and multi-family apartment units, at various price ranges in the City of Topeka despite the best efforts of public and private housing developers; 2. The shortage of quality housing can be expected to persist and that additional financial incentives are necessary in order to encourage the private sector to construct or renovate housing development in the City of Topeka. 3. The shortage of quality housing is a substantial deterrent to the future economic growth and development of the City of Topeka; and DocuSign Envelope ID: 3CB59550-3EEE-45A0-841F-030C97251A6B 4. The future economic well-being of the City of Topeka depends on the governing body providing additional incentives for the construction or renovation of quality housing in the City of Topeka. Commerce believes the Analysis and findings by the governing body of the City of Topeka meet the requirements set forth in K.S.A. 12-5244(a) and this constitutes the approval required by K.S.A. 12-5244(c) for the District as detailed in Resolution No. 9527. The application for approval of the findings required for the establishment of the Reinvestment Housing Incentive Districts as set forth in the application is hereby approved. This approval is predicated solely upon the information and data received from the City of Topeka. If you have any questions regarding this matter, please let me know. Sincerely, David C. Toland Lt. Governor and Secretary cc: Ryan Vincent (KHRC) Robert North  City of Topeka Council Action Form Council Chambers 214 SE 8th Street Topeka, Kansas 66603 www.topeka.org January 21, 2025 DATE: January 21, 2025 CONTACT PERSON: Rhiannon Friedman, DOCUMENT #: Planning and Development Director SECOND PARTY/SUBJECT: Union Development PROJECT #: Holdings, LLC CATEGORY/SUBCATEGORY 020 Resolutions / 005 Miscellaneous CIP PROJECT: No ACTION OF COUNCIL: JOURNAL #: PAGE #: DOCUMENT DESCRIPTION: FUNDING AGREEMENT between Union Development Holdings, LLC and the City of Topeka, Kansas. RESOLUTION introduced by City Manager Dr. Robert M. Perez providing notice that the City is considering establishing a Reinvestment Housing Incentive District (“RHID”) for the Union at Tower District; adopting a plan for the development of housing and public facilities in the proposed RHID; and establishing the date and time of a public hearing. Voting Requirement: Action requires at least six (6) votes of the Governing Body. Voting Requirement: Action requires at least six (6) votes of the Governing Body. (If the funding agreement is approved, the developer will pay the City sufficient moneys to cover the City's cost in analyzing and effecting the districts creation. Approval of the resolution would set a public hearing date for February 18, 2025, to entertain public comment.) VOTING REQUIREMENTS: Action requires at least six (6) votes of the Governing Body. POLICY ISSUE: Whether to follow state law and set a Public Hearing to consider the establishment of a reinvestment housing incentive district ("RHID") for Union at Tower District and approve the attached Funding Agreement. STAFF RECOMMENDATION: Staff recommends the Governing Body approve the Resolution setting the Public Hearing and approve the attached Funding Agreement BACKGROUND: Union Development Holdings, LLC has applied for reinvestment housing incentives pursuant to the Reinvestment Housing Incentive District Act, K.S.A. 12-5241 et seq. The Secretary of Commerce has authorized the City to proceed with considering the establishment of the RHID and adopting a plan for housing facilities. The next step in the process is to set a public hearing to consider public comment, publish a hearing notice in the Topeka Metro Newspaper and notify the Shawnee County Commission and the Board of Education of USD 501. The public hearing will be on February 11th, 2025. Additionally staff is seeking approval of the proposed Funding Agreement for the Union at Tower District RHID. If approved, the developer will pay the City sufficient moneys to cover the City's cost in analyzing and effecting the districts creation. BUDGETARY IMPACT: There is no budgetary impact to the City. SOURCE OF FUNDING: Funding agreement with developer will serve as the funding source to evaluate the proposed RHID project. ATTACHMENTS: Description Union at Tower District RHID Funding Agreement Resolution Setting Public Hearing - Union at Tower District RHID 9452 - COT RHID Policy Union at Tower District RHID - Housing Dev. Plan (1/2) Union at Tower District RHID - Housing Dev. Plan (2/2) KS DOC Approval of District Creation Resolution 9570 RHID District Creation Union at Tower District RHID - District Creation Application  City of Topeka Contract No. ________ FUNDING AGREEMENT THIS FUNDING AGREEMENT (the “Agreement”) is entered into this ____ day of ______________, 2025, between Union Development Holdings, LLC (the “Applicant”), and the City of Topeka, Kansas (the “City”). RECITALS A. The City is a municipal corporation and political subdivision duly organized and existing under the laws of the State of Kansas and authorized by certain statutory provisions to provide financial incentives for qualified development projects. The principal office of the City is located at City Hall, 215 SE 7th Street, Topeka, Kansas, 66603. B. The Applicant is a Kansas corporation and the owner of certain real property generally located in the area bound by SW 11th Street, SE Monroe Street, SW 12th Street and SE Quincy Street (“Site”). C. The Applicant has requested that the City review and analyze Applicant’s request (the “Request”) to consider the use of certain financial incentives for economic development projects on the Site. D. In order to grant the Applicant’s Request, the City will incur expenses in the form of: (1) outside legal, fiscal and/or planning consultants; and (2) direct out-of-pocket expenses and other costs resulting from services rendered to the Applicant to review, evaluate, process and consider the Request. E. The City does not have a source of funds to finance the expenses referenced above and, therefore, requires that the Applicant pay, and/or reimburse the City for the payment of, such expenses; provided the costs are reasonable and incurred in a cost-efficient manner. The Applicant will be required to deposit funds with the City as described in Section 4 of this Agreement, which will be used by the City to pay for any actual out-of-pocket expenses necessary to perform a full evaluation of the Request (to include engaging consultants, as needed, for such evaluation) and to provide services described in Section 2 of this Agreement. F. By execution of this Agreement, the Applicant is asking the City to retain outside counsel and/or consultants in order to evaluate, consider and, if approved, to implement the Request. Funding Agmt (Union at Tower District RHID) 1/3/2024 1  NOW, THEREFORE, in consideration of the premises and the mutual covenants and agreements hereinafter expressed, the parties mutually agree as follows: 1. Recitals. The recitals set forth above are hereby incorporated as though more fully set forth herein. 2. Services to be performed by the City. The City shall retain outside counsel and consultants, which will cause it to incur expenses reasonably necessary to: (a) Consider the Applicant’s Request for use of economic development incentive tools permitted by Kansas Statute (“Incentives”), including but not limited to, tax increment financing, reinvestment housing incentives, community improvement district financing and industrial revenue bond financing. (b) If approved by the Governing Body, permit the use of any of the requested Incentives for the project at the Site; establish the appropriate districts; give all appropriate notices; make all publications; prepare or review any relevant plans, studies and/or analyses necessary and appropriate in connection with the establishment of the district(s) and/or use of the Incentives; hold all hearings; prepare the required resolutions and ordinances; and take any further action required to comply with Kansas Statutes. (c) If approved by the Governing Body, negotiate and draft a development agreement between the parties for use of any Incentives at the Site. (d) If approved by the Governing Body, implement the various aspects of the Request. Note that in the event industrial revenue bonds are issued in connection with this project, bond counsel fees shall not be included as part of the costs anticipated in connection with this Funding Agreement. 3. Projected Consultants. As of the date of execution of this Funding Agreement, the City anticipates the consultants and/or counsel who will incur fees under this Agreement are as follows: Columbia Capital Management, LLC Gilmore & Bell 4. Payment. The Applicant shall pay the City for all reasonable charges for the City’s outside counsel, consultant and staff time in providing the services set forth in Section 2 (the “Charges”), subject to the following conditions: Funding Agmt (Union at Tower District RHID) 1/3/2024 2  (a) Initial Deposit. In order to ensure the prompt and timely payment of the Charges, the Applicant shall establish a fund (the “Fund”) by making an initial deposit of Twenty-Five Thousand Dollars and 00/100 dollars ($25,000.00) to the City contemporaneous with the execution of this Funding Agreement. The City shall pay all Charges from moneys on deposit in the Fund (as set forth in Section 5) and shall bill the Applicant pursuant to subsection (b) below to replenish the Fund pursuant to subsection (c) below to ensure that there is always a cash balance available from which additional disbursements may be made, as required. (b) Itemized Statements. The City shall provide an itemized statement for the City’s outside counsel, consultant and staff time, other administrative expenses and actual out-of-pocket expenses necessary to perform its obligations hereunder. Such Fund statements shall be submitted no more often than monthly. (c) Supplementary Funding. Once the initial deposit referenced in subsection (a) above has been depleted, the Applicant shall pay the City any supplementary amounts set forth on the itemized statements within thirty (30) days of receipt thereof to sufficiently replenish the Fund. If supplementary funds are not so received, the unpaid balance shall be subject to a penalty of two percent (2%) per month until paid, but in no event shall such penalty exceed twenty-four percent (24%) per annum; and the City shall be relieved of its obligations hereunder until paid or may terminate this Agreement pursuant to Section 6. The Applicant shall provide any supplementary funds required in a timely manner so that the services to be performed by the City pursuant to this Agreement may continue without interruption. 5. Disbursement of Funds. (a) The City shall disburse the Funds as reimbursement for costs associated with the City’s outside counsel, consultant and staff time, as well as other administrative expenses and actual out-of-pocket expenses in connection with the performance of its obligations under this Agreement, on or before the thirtieth (30th) day of each month. Upon reasonable notice, the City shall make its records available for inspection by the Applicant with respect to such disbursements. (b) Nothing shall be construed to make any payments disbursed in accord with this Agreement ineligible to be reimbursed out of Incentive funds if such reimbursement is otherwise permissible based upon the applicable statute. 6. Termination. (a) In the event the Applicant fails to perform any of its obligations herein, the City may terminate this Agreement, at the City’s sole discretion, upon thirty (30) days written notice to the Applicant; provided, however, that if the termination is related to a failure on the part of the Applicant to make any payments, when due, the Applicant may submit a written request for an opportunity to cure such non-payment prior to the expiration of the 30 day period. (b) The Applicant may terminate this Agreement at any time, upon providing ten (10) days’ written notice to the City, in the event it determines not to continue to pursue the Funding Agmt (Union at Tower District RHID) 1/3/2024 3 Incentives. (c) If either party terminates this Agreement, the City shall apply the balance of the Fund, if any, to outstanding Charges pursuant to this Agreement and any monies due and owing to the City pursuant to any other agreement and shall pay the remaining balance, if any, to the Applicant within thirty (30) days of such termination. In the event the balance of the Fund, if any, is insufficient to pay the outstanding Charges payable hereunder, the Applicant shall pay such Charges within thirty (30) days of receipt of a statement from the City of the balance required to pay such Charges. 6. No obligation to proceed. The Applicant acknowledges that the City is not obligated by the execution of this Agreement to grant any portion of the Request and any and all actions are subject to the discretion of the Governing Body of the City and the requirements of the applicable statute(s). Specifically, the Applicant acknowledges that the City is not obligated by the execution of this Agreement to establish any districts or approve any plans and acknowledges that the establishment of any districts and the approval of any plans are subject to the discretion of the Governing Body of the City and the requirements of the applicable statute(s). 7. Notice. Any notice, approval, request or consent required by or asked to be given under this Agreement shall be deemed to be given if it is in writing and mailed by United States mail, postage prepaid, or delivered by hand, and addressed as follows: To the City: Dr. Robert M. Perez City Manager City Hall, Room 352 215 SE 7th Street Topeka, KS 66603 With a copy to: Amanda Stanley City Attorney City Hall, Room 353 215 SE 7th Street Topeka, KS 66603 To the Applicant: Union Development Holdings, LLC 409 Massachusetts Ave, Suite 300 Indianapolis, IN 46204 Each party may specify that notice be addressed to any other person or address by giving to the other party ten (10) days prior written notice thereof. Funding Agmt (Union at Tower District RHID) 1/3/2024 4  1 (Published in the Topeka Metro News __________________) 2 3 RESOLUTION NO. ________ 4 5 A RESOLUTION introduced by City Manager Dr. Robert M. Perez providing notice that 6 the City is considering establishing a Reinvestment Housing Incentive 7 District (“RHID”) for the Union at Tower District; adopting a plan for the 8 development of housing and public facilities in the proposed RHID; 9 and establishing the date and time of a public hearing. 10 11 WHEREAS, on September 18, 2024, the Kansas Secretary of Commerce 12 determined that the findings by the Governing Body articulated in Resolution No. 9570 meet 13 the requirements of K.S.A. 12-5244(c) and that the Governing Body may proceed with 14 establishing the RHID; and 15 WHEREAS, the City has prepared a plan for the development of housing and public 16 facilities in the proposed RHID in accordance with the provisions of the Kansas 17 Reinvestment Housing Incentive District Act, K.S.A. 12-5241 et seq. 18 NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE 19 CITY OF TOPEKA, KANSAS, that: 20 Section 1. Establishment of the Union at Tower District RHID. Pursuant to K.S.A. 21 12-5245(a), the proposed RHID will be established within the boundaries of the real estate 22 legally described and attached in Exhibit A. A map depicting the existing parcels of real 23 estate in the proposed RHID is attached as Exhibit B. A list of the existing assessed 24 valuation of the real estate in the proposed RHID and the names and addresses of the 25 owners of record of all the real estate parcels within the proposed RHID is attached as 26 Exhibit C. 27 Section 2. Proposed Plan (“Plan”). The Governing Body further declares its intent 28 to adopt the Plan that is filed in the office of the City Clerk and available for public RES/Set PH for Union at Tower District RHID 1/3/25 1 29 inspection during normal business hours. A description of the housing and public facilities 30 project proposed to be constructed is attached as Exhibit D. A summary of the contractual 31 assurances by the developer and the comprehensive feasibility analysis are attached as 32 Exhibit E. 33 Section 3. Funding Agreement. Pursuant to the RHID Policy adopted in Resolution 34 No. 9379, the Governing Body has considered the funding agreement that requires the 35 developer to reimburse the City for the costs in analyzing and effecting the RHID’s creation. 36 Section 4. Public Hearing. Notice is hereby given that a public hearing will be held 37 to consider the establishment of the Union at Tower District RHID and adoption of the Plan. 38 The hearing will take place in the City Council Chambers, 214 SE 8th Street, Topeka, 39 Kansas, at 6:00 p.m. on February 18, 2025. Members of the public are invited to review 40 the Plan and comment at the public hearing. At the conclusion of the public hearing, the 41 Governing Body may establish the RHID and adopt the Plan. 42 Section 5. Publication; Notification to Entities. The City Clerk is directed to publish 43 this resolution, including the exhibits, one time in the Topeka Metro News not less than one 44 week or more than two weeks preceding the date of the public hearing. The City Clerk is 45 also directed to deliver a certified copy of this resolution to: (a) the City Planning 46 Commission; (b) the Board of Education of USD 501; and the Board of Commissioners for 47 Shawnee County. 48 Section 6. Effective Date. This resolution shall take effect after its adoption by the 49 Governing Body. 50 RES/Set PH for Union at Tower District RHID 1/3/25 2 51 ADOPTED and APPROVED by the Governing Body on ________________. 52 CITY OF TOPEKA, KANSAS 53 54 55 56 57 Michael A. Padilla, Mayor 58 59 ATTEST: 60 61 62 63 ______________________________ 64 Brenda Younger, City Clerk RES/Set PH for Union at Tower District RHID 1/3/25 3  EXHIBIT A (Legal Description)  EXHIBIT B (Map; Existing Parcels in Proposed RHID)  EXHIBIT C (Parcels of Proposed District) Land Improvements Parcel ID Acres Owner Owner Address (Assessed) (Assessed, if any) 3528 SE CYPRUS #1330601006001000 .32 KANZAOZ LLC DR TOPEKA,KS $4,343 $1,970 66607 3528 SE CYPRUS #1330601006020000 .13 KANZAOZ LLC DR TOPEKA,KS $563 $315 66607 3528 SE CYPRUS #1330601006019000 .95 KANZAOZ LLC DR TOPEKA,KS $9,030 $1,143 66607 3528 SE CYPRUS #1330601006010000 .25 KANZAOZ LLC DR TOPEKA,KS $1,350 $-- 66607 3528 SE CYPRUS #1330601006009000 .13 KANZAOZ LLC DR TOPEKA,KS $205 $-- 66607 3528 SE CYPRUS #1330601007006000 1.38 KANZAOZ LLC DR TOPEKA,KS $15,603 $3,730 66607 3528 SE CYPRUS #1330601007010000 .08 KANZAOZ LLC DR TOPEKA,KS $228 $-- 66607 3528 SE CYPRUS #1330601006006000 1.02 KANZAOZ LLC DR TOPEKA,KS $18,600 $18,125 66607 3528 SE CYPRUS #1330601007011000 .03 KANZAOZ LLC DR TOPEKA,KS $73 $-- 66607 3528 SE CYPRUS #1330601007013000 .07 KANZAOZ LLC DR TOPEKA,KS $102 $-- 66607 TOTAL 4.36 $50,097 $25,283  EXHIBIT D (Description of Housing; Public Facilities) The housing project will include the acquisition of real property within the District and the construction of approximately three buildings including 250 multifamily units. Residents of these units will enjoy amenities, which include, a community room, on-site leasing, management, and leasing offices, fitness area, business/computer center, playground, dog park, outdoor lawn open space, and off-street parking, and public/utility improvements located within the boundaries of the RHID or otherwise necessary to the project's operation.  EXHIBIT E (Contractual Assurances; Feasibility Analysis) The Governing Body will enter into a development agreement with the developer. This agreement will include the project construction schedule, a description of the project and the financial obligations of the developer and financial and administrative support from the City. The City’s financial advisor has prepared a financial analysis that is available in the City Clerk’s office. The financial advisor has determined that, pursuant to K.S.A. 12-5245(a)(7) and based upon a review of information provided by the developer, the Plan’s benefits and RHID revenue and other available revenues are expected to exceed or be sufficient to pay for the Plan’s project costs.  EXHIBIT C Insert or attach here: See attached. The h​ousing ​​ ​ill include the acquisition of real property within the District and the construction of project w approximately three buildings including 250 multifamily units. Residents of these units will enjoy amenities, which include, a community room, on-site leasing, management, and leasing offices, fitness area, business/computer center, playground, dog park, outdoor lawn open space, and off-street parking, and public/utility improvements located within the boundaries of the RHID or otherwise necessary to the project’s operation. City of Topeka RHID Housing Development Plan Application 9 RESOLUTION NO. 9379  5 0 5 10 15 20 25 30 5 0 5 10 15 20 25 30 35 40 45 5 0 5 10 15 20 2 0 2 4 6 8 10 1 0 1 2 3 4 5 1 0 1 2 3 12 0 12 3 0 3 6 9 SCALE 3/32" = 1'-0" FEET SCALE 1/16" = 1'-0" FEET SCALE 1/8" = 1'-0" FEET SCALE 1/4" = 1'-0" FEET SCALE 1/2" = 1'-0" FEET SCALE 3/4" = 1'-0" FEET SCALE 1-1/2" = 1'-0" INCH SCALE 3" = 1'-0" INCH 6/10/2024 3:36:12 PM OHP OHP 2''W 2''W 2''W 2''W 2''W 2''W 2''W 2''W 2''W 2''W 2''W 2''W WV 6''W Concrete Curb (typ) Concrete Curb (typ) 2''W 2''W WV Gravel Entrance Drive WV Sidewalk Ramp W W OHP (typ) OHP 4''W 12''W 80' R/W(by plat) Concrete Entrance Drive Concrete Curb & Gutter (typ) UP OHP T T T T T T T T T T T HH Concrete Curb (typ) HHTP T T T T T T T T T WM G LP LP ~ Grass ~ G ~ Grass ~ G G G 4''W T FO T T 12''W T T T T T S72°56'30"E Concrete Concrete Sidewalk 150.31'(M) S72°56'30"E Pad S72°56'30"E Concrete Sidewalk G G G OHP G GM Stone Pillar (typ) FO 150'(P) 31.00'(M&D) 87.31'(M) WV OHP GR Steps w/ Concrete R Fnd 5/8" Rebar w/ City of Topeka Fnd 1" Rebar w/ No ID Cap Landing Concrete Driveway Fnd 5/8" Rebar w/ City of Topeka FH Concrete Entrance Drive Engineering ID Cap Sanitary Sewer Manhole Engineering ID Cap WV Rim = 938.39 Porch / / / / / / / / / / / / / / // FO 4''W 12''W 18.3' Inv Out S = 925.54 N17°02'37"E G A/C FO OHP FFE = 941.32 75.04' OHP 215 SE 11th Street Two-Story Wood Frame House 36.5' Suarez, Inc. (owner) S17°02'37"W PID: 1330601006003000 FO 4''W 12''W 75.06' 42.4' G / / / / / / / / / / / / / / / / / / / / / / / / / / / / / EE 4.2' / / / FO OHP 6.0' / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / Concrete Curb (typ) OHP / / / / / / / / / / / 14.2' / / / / / Steps FO 18" ~ Grass ~ 4''W 12''W LP G UD Hackberry UP FO Woven Wire Fence 10" S72°58'33"E 32.00' Hackberry 100' R/W(by plat) FFE = 940.48 FO G 4''W 12''W FO OHP Concrete Sidewalk FO G 4''W 12''W FO OHP 100' R/W (by plat) G FO UP 4''W FO 10" Sanitary Sewer 12''W Fnd 5/8" Rebar w/ No ID Cap G FO OHP FO 4''W 12''W G FO Fnd 5/8" Rebar w/ No ID Cap N17°02'37"E OHP FO ~ Grass ~ 4''W 12''W Fnd 5/8" Rebar w/ No ID Cap 412.28'(M) S17°02'37"W G S17°03'23"W 425.13'(M) 425.16'(M) UP FO LP 425.00'(P) 425.00'(P) 425.77'(M) 8" FO Maple OHP N17°01'50"E 4''W 12''W 20' R/W G (by plat) FO OHP FO OHP Boundary Line 4''W 12''W G (typ) Concrete Entrance FO OHP 8" FO Maple City Information Sign OHP G Sanitary Sewer Manhole 4''W UNION AT TOWER DISTRICT 12''W Rim = 933.18 Concrete Curb & Gutter (typ) Inv In N = 917.99 FO Inv Out S = 917.89 OHP Concrete Curb & Gutter (typ) FO OHP G UP 4''W 12''W FO FO WM OHP G OHP 4''W 12''W FO Concrete Curb & Gutter (typ) FO LP Fnd 7/8" Rebar w/ No ID Cap G OHP (congruent w/ RS3) 4''W 12''W UP FO WM OHP 10" Sanitary Sewer FO ENLARGED SITE PLAN #1 ~ Grass ~ G Fnd 3/4" Rebar w/ OHP No ID Cap GT 4''W (congruent w/ RS3) 12''W FO FO OHP G 24" OHP 59.64'(M) Locust 59.70'(D) 0.7' 4''W Bicycle Parking Storm Sewer Manhole 12''W FO N73°09'12"W Trash Can Rim = 932.35 N72°58'42"W 90.55' OHP Inv In N = 928.60 G 150.21'(M) Bus Stop N16°56'57"E 13.77'(M) Fnd 7/8" Rebar w/ No ID Cap 90.55'(M) FO Inv In ENE = 928.02 150.00'(P) Area Inlet (congruent w/ RS3) 90.30'(D) Owner of gap unknown Inv Out W = 926.84 N72°55'40"W Bench Top = 928.28 N72°58'42"W City of Inv Out SE = 925.78 District Court Case City of Topeka Topeka OHP No. 105473 (owner) See Surveyor's Note 12 OHP (owner) (Tract No. 28) FO 4''W (Sheet No. 1) OHP (Bk. 1635,Pg. 107) (Bk. 1632, WV OHP LP OHP Pg. 140) P Curb Inlet UP FO 12" RC OHP FH Top = 932.32 UP " OHP OHP 12 OHP Inv Out WSW = 929.19 OHP OHP OHP OHP RC P OHP Concrete Curb & Gutter (typ) OHP FO LP ~ Grass ~ OHP Sanitary Sewer Manhole T OHP Concrete Curb & Gutter (typ) FO OHP Inv 925.75 OHP 105' R/W Sidewalk Ramp (typ) OHP 118' R/W OHP 104.3' R/W OHP OHP FO Concrete Entrance Drive BM 52 Concrete Curb (typ) Elev. = 926.70 Concrete Curb (typ) OHP Concrete Concrete Entrance Drive UP WV OHP WV Fnd 1" Rebar w/ No ID Cap 10" Sanitary Sewer OHP WV REGA #241032 Sanitary Sewer Manhole Rim = 926.03 Inv In E = 910.62 Inv In N = 910.61 Inv Out S = 910.43 10" Sanitary Sewer OHP LP MARK bvh.com ARCHITECT V 402 330 2772 1101 N 13TH ST V 402 421 9540 F 402 345 7871 V 402 345 3060 PROJECT: 24009 UNION AT TOWER eti-engineers.com MEP ENGINEER V (402) 484 7342 CIVIL ENGINEER OMAHA, NE 68102 LINCOLN NE 68506 OMAHA NE 68102 PROJECT STATUS: regaengineering.com LINCOLN, NE 68512 901 JONES STREET © COPYRIGHT BVH ARCHITECTURE REGA ENGINEERING BVH ARCHITECTURE 601 OLD CHENEY RD A DATE langestructuralgroup.com STRUCTURAL ENGINEER LANGE STRUCTURAL GROUP 1919 S 40TH STREET, SUITE 302 DISTRICT REVISIONS SCHEDULE DATE: DATE ENGINEERING TECHNOLOGIES, INC. SCHEMATIC DESIGN C1.1 ENLARGED SITE PLAN #1 DESCRIPTION  5 0 5 10 15 20 25 30 5 0 5 10 15 20 25 30 35 40 45 5 0 5 10 15 20 2 0 2 4 6 8 10 1 0 1 2 3 4 5 1 0 1 2 3 12 0 12 3 0 3 6 9 SCALE 3/32" = 1'-0" FEET SCALE 1/16" = 1'-0" FEET SCALE 1/8" = 1'-0" FEET SCALE 1/4" = 1'-0" FEET SCALE 1/2" = 1'-0" FEET SCALE 3/4" = 1'-0" FEET SCALE 1-1/2" = 1'-0" INCH SCALE 3" = 1'-0" INCH 6/10/2024 3:36:12 PM UP 8" Sanitary Sewer UP Sanitary Sewer Manhole WV 6''W 6''W 6''W 6''W 6''W 6''W 6''W 6''W OHP OHP OHP OHP OHP Rim = 932.93 OHP Inv Bottom Center = 919.13 P OH OHP OHP P UP UP OH Concrete Curb & Gutter (typ) 80' R/W (by plat) UP OHP OHP OHP OHP OHP OHP OHP UD T T T T T T T T UDT H H T T T T T T T T T GV Concrete Curb & Gutter (typ) T T GV G G G G G G S72°54'02"E G G GV 150.19'(M) G 150'(P) OHP Fnd 5/8" Rebar w/ City of Topeka Fnd 5/8" Rebar w/ City of Topeka Fnd 5/8" Rebar w/ No ID Cap Engineering ID Cap OHP Edge of Concrete Alley (typ) OHP UP OHP 8" Sanitary Sewer OHP 100' R/W (by plat) OHP UP OHP 20' R/W (by plat) 450.40'(M) S17°03'18"W 450'(P) OHP 450.32'(M) N17°02'18"E 450'(P) Sanitary Sewer Manhole Rim = 930.57 Inv In N = 922.10 OHP Inv Out S = 921.97 46" Elm Concrete Entrance UP City Information Sign UNION AT TOWER DISTRICT Concrete Curb & Gutter (typ) OHP 42" Maple OHP 8" Sanitary Sewer 28" Concrete Curb & Gutter (typ) Maple OHP Gravel Entrance Fnd 1/2"Ø Pipe w/ No ID Cap (congruent w/ RS1) UP ENLARGED SITE PLAN #2 28" OHP Fnd 3/4" Rebar w/ Elm No ID Cap Sanitary Sewer Manhole (congruent w/ RS3) Rim = 925.78 Inv In N = 915.59 Inv In W = 915.26 Inv Out S = 915.26 OHP Bicycle Parking Trash Can Bus Stop 8" Sanitary Sewer OHP See Surveyor's Note 12 Fnd 1/2"Ø Sanitary Sewer Manhole (Sheet No. 1) Pipe w/ No ID Cap Rim = 922.42 Sanitary Sewer Manhole (congruent w/ RS1) Inv Out E = 915.82 Rim = 922.43 150.06'(M) 150'(P) Inv In W = 914.84 N72°55'52"W Inv In N = 914.60 OHP WM Inv Out SSW = 914.58 UP UP G G G G UP OHP Concrete Curb & Gutter (typ) 8" Sanitary Sewer OHP OHP OHP OHP OHP OHP OHP OHP OHP OHP See Surveyor's Note 12 OHP OHP (Sheet No. 1) Concrete Curb (typ) 80' R/W (by plat) UP UP REGA #241032 Sani t a r y Sewe r 8" Sanitary Sewer Manhole MARK bvh.com ARCHITECT V 402 330 2772 1101 N 13TH ST V 402 421 9540 F 402 345 7871 V 402 345 3060 PROJECT: 24009 UNION AT TOWER eti-engineers.com MEP ENGINEER V (402) 484 7342 CIVIL ENGINEER OMAHA, NE 68102 LINCOLN NE 68506 OMAHA NE 68102 PROJECT STATUS: regaengineering.com LINCOLN, NE 68512 901 JONES STREET © COPYRIGHT BVH ARCHITECTURE REGA ENGINEERING BVH ARCHITECTURE 601 OLD CHENEY RD A DATE langestructuralgroup.com STRUCTURAL ENGINEER LANGE STRUCTURAL GROUP 1919 S 40TH STREET, SUITE 302 DISTRICT REVISIONS SCHEDULE DATE: DATE ENGINEERING TECHNOLOGIES, INC. SCHEMATIC DESIGN C1.2 ENLARGED SITE PLAN #2 DESCRIPTION 9 5 1 INCH 3 A3.1-A 1 A3.1-C A4.1-A 134'-4" A3.1-B 6 CR F F UP ELEC 3 FITNESS B104 ARCHITECT SHAFT SPACE 3" = 1'-0" A123 UNIT 1B UNIT 1B STAIR UNIT 3A 2 BVH ARCHITECTURE T UNIT 3A UNIT 3A UNIT 1A UNIT 1A 14A9.3-A UNIT 3A UNIT 3A 104C 106C 901 JONES STREET STAIR STOR OS MECH 103C 105C CS2-1 A3.1-C 123A 124A 125A 109B 110B OMAHA NE 68102 AS1-1 A121 10 A122 6 0 CORR V 402 345 3060 4 RR RR A118 F 402 345 7871 13 A9.3-A A9.3-A 9 11 7 A3.1-C SCALE A120 A119 bvh.com OS OS 12 8 MECH CORR ELEC 68'-8" MECH/ELEC CR F 3 A106 CR CR C103 C102 C104 2 3 CR CR CR WORK 1 MECH CIVIL ENGINEER OS A9.3-A A9.3-A BUSINESS A4.1-A C105 12 A107 A9.3-A 4 REGA ENGINEERING 5 INCH 1 ______ A116 MECH OS LEASING UNIT 2A 601 OLD CHENEY RD A A1.06 UNIT 3A STAIR UNIT 1A LOBBY UNIT 3A UNIT 2B A108 A111 COMMUNITY 108B UNIT 2A LINCOLN, NE 68512 STOR MECH A9.3-A 102C STAIR CS1-1 101C C101 107C 122A A117 111B V 402 421 2500 A110 A115 TENANT STOR JAN F regaengineering.com OS OS OS C106 A109 ELEV OFFICE OFFICE STOR VEST AE-1 A112 A113 A114 C100 1 F OUTDOOR STRUCTURAL ENGINEER 0 CR F F COVERED LANGE STRUCTURAL GROUP 1-1/2" = 1'-0" LOBBY VEST STAIR MECH MAIL A9.3-A CR 1919 S 40TH STREET, SUITE 302 A101 A100 BS2-1 B105 65'-8" LINCOLN NE 68506 CR UNIT 1B 3 V 402 421 9540 3 ______ 121A A3.1-C langestructuralgroup.com 3 OUTDOOR COVERED MAIL A1.05 SCALE A3.1-A 2 UNIT 1A UNIT 1A MAINT A4.1-A MEP ENGINEER 107B 112B 12 A102 FIRST FLOOR PLAN - BUILDING C - OVERALL ENGINEERING TECHNOLOGIES, INC. 3 CR CR 3 1/16" = 1'-0" 1101 N 13TH ST OMAHA, NE 68102 V 402 330 2772 FEET UNIT 1A eti-engineers.com 120A T 2 UNIT 2A UNIT 2A 106B 113B 1 3/4" = 1'-0" UNIT 1A UNIT 3B 119A 101A 0 2 A3.1-A SCALE UNIT 2A UNIT 2A 1 105B 114B UNIT 1A 118A 5 FEET UNIT 3B 102A 3 ______ 4 A1.07 UNIT 2A UNIT 1A 3 104B 115B UNIT 1A 117A CORR 2 1/2" = 1'-0" B103 1 1 A3.2-A 3 UNIT 2A A3.1-B 103A 1 0 UNIT 1A SCALE A3.2-B 402'-0" 116B UNIT 2A 1 UNIT 1A 103B 116A 2 10 A3.2-B FEET UNIT 2A UNIT 1A 8 104A 117B 4 REVISIONS SCHEDULE 6 UNIT 1A A3.1-B MARK DATE DESCRIPTION 115A 4 1/4" = 1'-0" UNIT 3B 102B 2 UNIT 1A 118B 0 SCALE UNIT 2A UNIT 2A 105A 2 114A 2 A3.2-A 20 UNIT 1A FEET 119B UNIT 3B BLDG BLDG A 15 101B C UNIT 2A UNIT 2A 113A 10 106A UNIT 1A 1/8" = 1'-0" 5 120B BLDG B 1 ______ OUTDOOR COVERED MAIL A1.05 0 4 TENANT STOR SCALE UNIT 1A UNIT 1A A3.1-A B102 112A 107A 2 5 A3.1-B UNIT 1B UNION AT TOWER 121B DISTRICT 45 MECH STAIR VEST LOBBY 40 A105 AS2-1 F CR B100 B101 FEET CR F 35 PROJECT: 24009 DATE: 8-29-24 PROJECT STATUS: DESIGN DEVELOPMENT ELEV JAN 30 © COPYRIGHT BVH ARCHITECTURE BE-1 B109 5 ______ UNIT 2A UNIT 2A 25 A1.06 111A 108A UNIT 3A UNIT 2A TENANT STOR UNIT 2B 20 127B 128B B110 122B 1/16" = 1'-0" MECH 15 B108 10 5 ELEC MECH SCALE B107 B106 0 DR 1 5 ______ A1.07 UNIT 3A AF 30 110A UNIT 3A T 109A UNIT 3A STAIR UNIT 1A UNIT 1A UNIT 3A FEET 126B BS1-1 125B 124B 123B 25 ELEC UP 20 A104 F OVERALL FIRST CR 15 FLOOR PLAN - ABC 1 3 10 3/32" = 1'-0" A3.1-A A3.2-B 5 NORTH REFER TO G SERIES SHEETS FOR RATED WALL LOCATIONS A1.01 8/29/2024 2:33:11 PM FIRST FLOOR PLAN - BUILDING A - OVERALL FIRST FLOOR PLAN - BUILDING B - OVERALL SCALE 0 5 1 1/16" = 1'-0" 2 1/16" = 1'-0" Docusign Envelope ID: B292FCA4-311D-4F7A-8917-786982A7B62F Department of Commerce Phone: (785) 296-3481 1000 S.W. Jackson St., Suite 100 Fax: (785) 296-5055 Topeka, KS 66612-1354 KansasCommerce.gov David C. Toland, Secretary Laura Kelly, Governor September 18, 2024 Rhiannon Friedman Planning & Development Director City of Topeka 215 SE 7th St. Topeka, KS 66603 RE: Request for Approval of Reinvestment Housing Incentive District in Topeka, Kansas/Tower District Dear Ms. Friedman: This will acknowledge receipt of the City of Topeka’s application dated August 26th, related to participation in the Kansas Reinvestment Housing Incentive District Act. I have reviewed Resolution No. 9570 as passed by the governing body and submitted to the Kansas Department of Commerce (Commerce) pursuant to the Reinvestment Housing Incentive District Act found at K.S.A. 12-5244 et seq. I have further reviewed the 2022 Housing Needs Analysis (Analysis) prepared by the City and upon which the Resolution was based. The process of establishing a Reinvestment Housing Incentive District requires the Analysis to summarize and determine the nature and extent of housing needs within the community. The Analysis must then be adopted by the governing body and is subject to the review and approval of the Secretary of Commerce. The Act sets out four findings and determinations which must be included in the Analysis and adopted by the City. Based on my review of the original application material and supplemental information provided by the City of Topeka, I hereby agree with and approve the findings set forth in the Resolution passed by the City of Topeka to wit: 1. There is a shortage of quality housing, including affordable single family and multi-family apartment units, at various price ranges in the City of Topeka despite the best efforts of public and private housing developers; 2. The shortage of quality housing can be expected to persist and that additional financial incentives are necessary in order to encourage the private sector to construct or renovate housing development in the City of Topeka; 3. The shortage of quality housing is a substantial deterrent to the future economic growth and development of the City of Topeka; and Docusign Envelope ID: B292FCA4-311D-4F7A-8917-786982A7B62F 4. The future economic well-being of the City of Topeka depends on the governing body providing additional incentives for the construction or renovation of quality housing in the City of Topeka. Commerce believes the Analysis and findings by the governing body of the City of Topeka meet the requirements set forth in K.S.A. 12-5244(a) and this constitutes the approval required by K.S.A. 12-5244(c) for the District as detailed in Resolution No. 9570. The application for approval of the findings required for the establishment of the Reinvestment Housing Incentive Districts as set forth in the application is hereby approved. This approval is predicated solely upon the information and data received from the City of Topeka. If you have any questions regarding this matter, please let me know. Sincerely, David C. Toland Lt. Governor and Secretary cc: Ryan Vincent (KHRC) Robert North  City of Topeka Council Action Form Council Chambers 214 SE 8th Street Topeka, Kansas 66603 www.topeka.org January 21, 2025 DATE: January 21, 2025 CONTACT PERSON: Amanda Stanley, City DOCUMENT #: Attorney SECOND PARTY/SUBJECT: Authorizing Signing of PROJECT #: Certain Contracts CATEGORY/SUBCATEGORY CIP PROJECT: No ACTION OF COUNCIL: Deferred to January 21, JOURNAL #: 2025 Governing Body Meeting. (December 17, 2024) PAGE #: DOCUMENT DESCRIPTION: ORDINANCE introduced by City Manager Dr. Robert M. Perez, authorizing the Deputy City Manager, Assistant City Manager, and Director of Administrative and Financial Services to sign specific contracts on behalf of the City pursuant to Charter Ordinance No. 94, codified at Section A2-55 of the Code of the City of Topeka. (Deferred from the Meeting of December 17, 2024.) Voting Requirement: Action requires at least five (5) of the City Council. The mayor does not vote. The proposed ordinance involves a matter of home rule on which the Mayor has veto power. (Approval would authorize certain city officers or employees to approve and sign the contracts in the absence of the city manager.) VOTING REQUIREMENTS: Action requires at least five (5) of the City Council. The mayor does not vote. The proposed ordinance involves a matter of home rule on which the Mayor has veto power. POLICY ISSUE: Whether to approve an ordinance delegating the signing authority of certain contracts STAFF RECOMMENDATION: Staff recommends the City Council move to adopt the ordinance. BACKGROUND: Charter Ordinance No. 94, codified at Section A2-55 of the Code of the City of Topeka requires the City Manager sign all contracts unless other city officers or employees are specifically authorized by ordinance to approve and sign the contracts. Due to the high volume of contracts entered into by the City, for efficiency, the City Manager would like to specifically authorize the Deputy City Manager to execute contracts on behalf of the City relating to the Police Department, Fire Department, and Judicial Department, the Assistant City Manager to execute contracts on behalf of the City relating to the Public Works Department, Utilities Department, and the Planning and Development Department, and the Director of Administrative and Financial Services to execute contracts on behalf of the City relating to the Administrative and Financial Services Department, Human Resources Department, and the Information Technology Department BUDGETARY IMPACT: Not Applicable SOURCE OF FUNDING: Not Applicable ATTACHMENTS: Description Ordinance  1 (Published in the Topeka Metro News _______________________________________) 2 3 ORDINANCE NO. _____________ 4 5 AN ORDINANCE introduced by City Manager Dr. Robert M. Perez authorizing the 6 Deputy City Manager, Assistant City Manager, and Director of 7 Administrative and Financial Services to sign specific contracts on 8 behalf of the City pursuant to Charter Ordinance No. 94, codified at 9 § A2-55 of the Code of the City of Topeka, adding Topeka 10 Municipal Code § 2.20.015 . 11 12 WHEREAS, Charter Ordinance No. 94, § 22, codified as City of Topeka Code § 13 A2-55(b), provides for officers or employees of the City other than the City Manager to 14 execute contracts on behalf of the City when specifically authorized by ordinance; and 15 WHEREAS, it is in the best interests of the City to authorize the Deputy City 16 Manager, Assistant City Manager and Director of Administrative and Financial Services 17 to sign specific contracts on behalf of the City. 18 NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE 19 CITY OF TOPEKA, KANSAS that: 20 Section 1. The Code of the City of Topeka, Kansas, is hereby amended by 21 adding a section, to be numbered 2.20.015, which said section reads as follows: 22 (a) The Deputy City Manager, a member of the Executive Department, is 23 authorized to execute contracts on behalf of the City relating to the Police Department, 24 Fire Department, and Judicial Department pursuant to Charter Ordinance No. 94. § 22, 25 as codified in the City of Topeka Code § A2-55. 26 (b) The Assistant City Manager, a member of the Executive Department, is 27 authorized to execute contracts on behalf of the City relating to the Public Works 28 Department, Utilities Department, and the Planning and Development Department 29 pursuant to Charter Ordinance No. 94. § 22, as codified in the City of Topeka Code § Authorizing contract signatories 12/3/24 1 30 A2-55. 31 (c) That the Director of Administrative and Financial Services, a member of 32 the Executive Department, is authorized to execute contracts on behalf of the City 33 relating to the Administrative and Financial Services Department, Human Resources 34 Department, and the Information Technology Department pursuant to Charter 35 Ordinance No. 94. § 22, as codified in the City of Topeka Code § A2-55. 36 Section 2. This ordinance shall take effect and be in force from and after its 37 passage, approval and publication in the official City newspaper. 38 Section 3. This ordinance shall supersede all ordinances, resolutions or rules, 39 or portions thereof, which are in conflict with the provisions of this ordinance. 40 Section 4. Should any section, clause or phrase of this ordinance be declared 41 invalid by a court of competent jurisdiction, the same shall not affect the validity of this 42 ordinance as a whole, or any part thereof, other than the part so declared to be invalid. 43 PASSED AND APPROVED by the City Council on ____________________. 44 45 CITY OF TOPEKA, KANSAS 46 47 48 49 __________________________________ 50 Michael A. Padilla, Mayor 51 ATTEST: 52 53 54 55 ________________________________ 56 Brenda Younger, City Clerk Authorizing contract signatories 12/3/24 2  City of Topeka Council Action Form Council Chambers 214 SE 8th Street Topeka, Kansas 66603 www.topeka.org January 21, 2025 DATE: January 21, 2025 CONTACT PERSON: Councilmember DOCUMENT #: Valdivia-Alcala, Councilmember Dobler and Major Mike Cross SECOND PARTY/SUBJECT: Camping Prohibitions PROJECT #: CATEGORY/SUBCATEGORY 013 Ordinances - Codified / 078 Health and Sanitation CIP PROJECT: No ACTION OF COUNCIL: JOURNAL #: PAGE #: DOCUMENT DESCRIPTION: DISCUSSION concerning camping prohibitions amending Sections 9.45.350 and 9.45.360 of the Topeka Municipal Code. (Approval will expand the definition of public infrastructure and clarify parameters for camping on private property.) VOTING REQUIREMENTS: Discussion only. Action requires five (5) votes of the City Council. The Mayor does not vote. The proposed ordinance involves a matter of home rule on which the Mayor has veto authority. POLICY ISSUE: Whether or not to clarify the definition of public infrastructure. STAFF RECOMMENDATION: Discussion only. Staff recommends the City Council move to adopt the ordinance when considered. The Mayor does not vote. BACKGROUND: The proposed language amendments are as follows: Line 26: Amend the definition of "Camp" to exclude camping at camping sites for recreational vehicles, travel trailers, campers or tents.  Line 41: Amend the definition of "Public Infrastructure" to reflect the Federal Emergency Management Agency (FEMA) language. Line 60: Amend to state "Within 100 feet instead of 500 feet of any Public Infrastructure." Line 62: Amend to state camping is illegal "Upon private property (except by the owner on record or lawful tenant) exceeding 10 days within a six-month period." BUDGETARY IMPACT: Currently, there are 20 known camps to abate with an estimated cost of $12,000 SOURCE OF FUNDING: Operational Budget ATTACHMENTS: Description Ordinance  1 (Published in the Topeka Metro News _______________________) 2 3 ORDINANCE NO. _____________ 4 5 AN ORDINANCE introduced by Deputy Mayor Valdivia-Alcala and Councilmember 6 Dobler, concerning camping prohibitions, amending § 9.45.350 and 7 § 9.45.360 of the Topeka Municipal Code and repealing original 8 sections. 9 10 BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF TOPEKA, KANSAS: 11 Section 1. That section 9.45.350, Definitions, of The Code of the City of 12 Topeka, Kansas, is hereby amended to read as follows: 13 Definitions. 14 Unless the particular provisions or the context otherwise requires, the definitions 15 contained in this section shall govern the construction, meaning, and application of 16 words and phrases used in this article. 17 “Camp” means to use property for living accommodation purposes, such as 18 sleeping activities or making preparations to sleep (including the laying down of bedding 19 for the purpose of sleeping); or storing personal property (including, but not limited to, 20 clothing, sleeping bags, bedrolls, blankets, sheets, luggage, backpacks, kitchen 21 utensils, cookware, and similar material); or making any fire, regularly cooking meals, 22 using any tents, or living in a parked vehicle. These activities constitute camping when it 23 reasonably appears, in light of all the circumstances, that a person(s) is using such 24 property as a living accommodation. Camping does not include camping on a property 25 by the owner of record or a lawful tenant for a period not to exceed 10 days within any 26 six-month period, nor camping upon any property properly zoned or permitted for 27 establishments primarily engaged in providing overnight or short-term camping sites for 28 recreational vehicles, travel trailers, campers or tents. ORD/Camping Prohibition (Infrastructure) 12/10/20241 29 “Flood control works” means the system comprised of levees, flood walls, relief 30 wells, closure structures, pump stations and ponding areas that serve to protect the City 31 from flooding. 32 “Levee” means the Waterworks Levee Unit, the South Topeka Unit, the 33 Auburndale Unit, the Oakland Unit and the North Topeka Unit. 34 “Levee critical zone” means 500 feet from the centerline of the land side of a 35 levee and 300 feet from the centerline of the levee to the water’s edge. 36 “Personal property” means any and all tangible property, and includes, but is not 37 limited to, goods, materials, merchandise, tents, tarpaulins, bedding, sleeping bags, 38 hammocks, personal items such as luggage, backpacks, clothing, documents and 39 medication, and household items. 40 “Public infrastructure” means bus shelters, bridges, overpasses and flood control 41 worksgovernment buildings, government structures, government facilities, government 42 equipment storage or repair locations, facilities operated by the government for public 43 use, bus shelters, roadways, highways, medians, traffic circles, bridges, overpasses, 44 railways, flood control works, water delivery systems, wastewater delivery systems, 45 electrical generation systems, electrical transmission systems, communication 46 transmission systems, health care facilities, schools, and child care facilities. 47 “Store, stored or storing” means to put aside or accumulate for use when 48 needed, to keep for safekeeping, and/or to place or leave in a location. 49 “Tent” includes any tarp, cover, structure or shelter, made of any material that is 50 not open on all sides and which hinders an unobstructed view behind or into the area 51 surrounded by the tarp, cover, structure or shelter. ORD/Camping Prohibition (Infrastructure) 12/10/20242 52 “Trail” means the trails conveyed to Shawnee County pursuant to City of Topeka 53 Contract No. 41460 which includes Deer Creek Trail, Soldier Trail, Shunga Trail and 54 Landon Trail. 55 Section 2. That section 9.45.360, Unlawful camping, of The Code of the City 56 of Topeka, Kansas, is hereby amended to read as follows: 57 Unlawful camping. 58 It is unlawful and a public nuisance for any person to camp in the following areas, 59 unless otherwise allowed by the Topeka Municipal Code: 60 (a) Within 500100 feet of any Ppublic infrastructure; 61 (b) Within 10 feet of any doorway, loading dock, stairway or fire escape; 62 (c) Upon private property, except by the owner of record or a lawful tenant for 63 a period not to exceed 10 days within a six-month period; 64 (cd) Within an area bounded by Topeka Boulevard from SW 10th Avenue to 65 NW Crane Street; Madison Street from SE 10th Avenue to NE Crane Street; Crane 66 Street from Topeka Boulevard to NE Madison Street; and 10th Avenue from Topeka 67 Boulevard to SE Madison Street; and 68 (de) Within an area bounded by Topeka Boulevard from NW Curtis Street to 69 NW Morse Street; NE Quincy Street from NE Curtis Street to NE Morse Street; Morse 70 Street from NE Quincy Street to NW Topeka Boulevard; and Curtis Street from NE 71 Quincy Street to NW Topeka Boulevard; and 72 (ef) Within a levee critical zone, within 500 feet of the centerline of any trail, or 73 within 50 feet of the centerline of any sidewalk inside City limits to protect the health, 74 safety and general welfare of the citizens of the City. ORD/Camping Prohibition (Infrastructure) 12/10/20243 75 Section 3. That original § 9.45.350 and § 9.45.360 of The Code of the City of 76 Topeka, Kansas, are hereby specifically repealed. 77 Section 4. This ordinance shall take effect and be in force from and after its 78 passage, approval and publication in the official City newspaper. 79 Section 5. This ordinance shall supersede all ordinances, resolutions or rules, 80 or portions thereof, which are in conflict with the provisions of this ordinance. 81 Section 6. Should any section, clause or phrase of this ordinance be declared 82 invalid by a court of competent jurisdiction, the same shall not affect the validity of this 83 ordinance as a whole, or any part thereof, other than the part so declared to be invalid. 84 PASSED AND APPROVED by the Governing Body on ____________________. 85 86 CITY OF TOPEKA, KANSAS 87 88 89 90 __________________________________ 91 Michael A. Padilla, Mayor 92 ATTEST: 93 94 95 96 ________________________________ 97 Brenda Younger, City Clerk ORD/Camping Prohibition (Infrastructure) 12/10/20244  City of Topeka Council Action Form Council Chambers 214 SE 8th Street Topeka, Kansas 66603 www.topeka.org January 21, 2025 DATE: January 21, 2025 CONTACT PERSON: DOCUMENT #: SECOND PARTY/SUBJECT: Public Comment PROJECT #: Protocol CATEGORY/SUBCATEGORY CIP PROJECT: No ACTION OF COUNCIL: JOURNAL #: PAGE #: DOCUMENT DESCRIPTION: PUBLIC COMMENT PROTOCOL VOTING REQUIREMENTS: POLICY ISSUE: STAFF RECOMMENDATION: BACKGROUND: Governing Body Rule 5.5 (c) Public Comment on a specific agenda item: Comments from members of the public concerning a specific agenda item will be heard at the time the item is considered. Persons will be limited to addressing the governing body one (1) time on a particular matter unless otherwise allowed by a vote of six (6) or more members of the governing body. (d) General public comment: Requests by members of the public to speak during the public comment portion of a regular governing body meeting will be placed on the agenda on a "first-come, first-served" basis. The request should state the name of the individual(s) desiring to be heard. Each such individual shall be limited to addressing the governing body one (1) time and his or her comments shall be limited to topics directly relevant to business of the governing body; provided however, that comments pertaining to personnel and litigation matters shall not be allowed. Procedures for Addressing the Governing Body In accordance with Governing Body Rules 5.6 and 5.7, the following protocols for public comment apply:  Each person shall state his or her name and city of residence in an audible tone for the record. All remarks shall be addressed to the Governing Body as a whole -- not to any individual member. In order to provide additional time for as many individuals as possible to address the Governing Body, each individual signed up to speak will need to complete his or her comments within four minutes. The following behavior will not be tolerated from any speaker: Uttering fighting words Slander Speeches invasive of the privacy of individuals (no mention of names) Unreasonably Loud Speech Repetitious Speech or Debate Speeches so disruptive of proceedings that the legislative process is substantially interrupted Any speaker who engages in this type of behavior will be warned once by the presiding office (Mayor). If the behavior continues, the speaker will be ordered to cease his or her behavior. If the speaker persists in interfering with the ability of the Governing Body to carry out its function, he or she will be removed from the City Council Chambers or Zoom meeting room. Members of the public, Governing Body and staff are expected to treat one another with respect at all times. Zoom Meeting Protocol Make sure your Zoom name, email and/or phone number matches what was submitted to the City Clerk when you signed up for public comment. Any misnamed or unauthorized users will not be admitted to Zoom. Please keep your mic muted and your camera off until you are called by the Mayor to give your comment. If you are cut off during your comment time due to an internet connection or technical issue, you will need to submit your comments in writing to the City Clerk atcclerk@topeka.orgor 215 SE 7thStreet, Room 166, Topeka, KS 66603 for attachment to the minutes. If you break any of the public comment rules, you will receive one warning from the Mayor. If you continue any prohibited behavior, you will be removed from the Zoom meeting room and will not be allowed to rejoin. Public comment is limited to four minutes. You may receive an extension at the discretion of the Governing Body. The timer will be visible to you in the ‘City of Topeka Admin’ window on the Zoom app. Call-in users will hear one beep when a minute is remaining and then another beep when time has expired. Please do not share the Zoom login information with anyone. Any unauthorized users will not be admitted to the Zoom meeting room. BUDGETARY IMPACT: SOURCE OF FUNDING: