Development Advisory Commission

Development Advisory Commission Meeting Friday February 16, 2018 11:00 a.m. Journagan Conference Room 1100 SW Smith Street Blue Springs, Missouri City of Blue Springs, Missouri  Journagan Conference Room 1100 SW Smith Street DEVELOPMENT ADVISORY COMMISSION MEETING AGENDA Friday, February 16, 2018 - 11:00 a.m. Board Members please call 228-0207 if unable to attend 1 CALL TO ORDER A. Approval of July 13, 2017 meeting minutes 2 DISCUSSION & REVIEW OF CODE REVISIONS A. Development Maintenance Agreements – Sec. 403.050.G; 406.080. B. Storage of Flammable Liquids – Sec. 500.140 - DISCUSSION C. Downtown Development Code – Sec. 404.240.E. D. Fences – Sec. 407.040.D.3.c.2. E. Adding Sections: Body Art – Sec. 405.050.33 & Tobacconist Ordinance – Sec. 405.050.32 D. Platting – Sec. 403.050 F. Drainage System – Sec. 406.050 G. Property Owners’ Associations – Sec. 406.080 H. Land Use Table – Sec. 405.030-1 I. Special Use Standards – Vehicle/Equipment Sales, Vehicle/Equipment Storage Yards, and Vehicle Repair (General) – Sec. 405.050.19 J. Residential Building Type Standards – Sec. 405.020 K. Accessory Use – Sec. 405.060 L. Use Groups and Description – Sec. 411.030 3 OTHER BUSINESS 4 ADJOURN If special accommodations are required for citizen participation in this meeting, PLEASE CALL 228-0207 (VOICE) OR 228-0250 (TDD) 02.16.2018 Page 1 of 1 kf  City of Blue Springs 903 Main Blue Springs, Missouri 64015 Development Advisory Commission MINUTES Thursday, July 13, 2017 A regular meeting of the Development Advisory Commission of the City of Blue Springs was held at City Hall in the east conference room located at 903 W Main Street on Thursday, July 13, 2017 with the following members, guests and staff in attendance: VOTING MEMBERS Susan Culpepper, Council Liaison Bob Frost PRESENT Joe Haney R.B. “Ben” Alexander Mitchell Peil, Chairman OTHERS PRESENT Scott Allen, Director, Community Development Matt Wright, Senior Planner Nathan Jurey, Associate Planner Karen Findora, DAC Liaison, Recording Secretary Norman Gurney, Codes Administrator Chris Sandie, Director, Public Works Adam Norris, Deputy City Administrator Christine Cates, Assistant City Administrator Jacqueline Sommer, City Attorney Mark Stombaugh, EDC Manager Tom Woods, Chairman, National Association of Home Builders CALL TO ORDER Chairman Mitchell Peil called the meeting to order at 9:00 a.m. CONSENT AGENDA Chairman Peil requested action on the Consent Agenda with a motion by APPROVAL Commissioner Bob Frost, a second from Commissioner Ben Alexander, and a unanimous vote, the Minutes of October 10, 2016, were approved as submitted. AGENDA ITEM 2 Scott Allen, Director, Community Development, stated that Agenda Item 2 2017-18 DEVELOPMENT includes four items, the first three of which will be voted on separately, and REVIEW FEES the fourth which is information only. Agenda item 2 discussions are as SCHEDULE DISCUSSION follows: & VOTE ON a. Sewer & Water Development Charges RECOMMENDATION TO b. Building Permit and Plan Review Fees CITY COUNCIL c. Planning & Development Fees d. Newly Revised Application Packet (information only) DAC Minutes – 07.13.2017 Page 1 of 7 kf  Christine Cates, Assistant City Administrator, stated that a water and sewer rate study was conducted in 2016. A separate report was conducted regarding adjustment and establishment of sewer tap fees. The water & sewer fees were last adjusted in 2005. Recommended fee changes include a reduction in the water system development charge from $6000 to $3354; a ¾ in. water tap charge increase from $300 to $333.81; and a sewer tap increase from $1500 to $5312. Properties to the south end of Blue Springs have an NID (Neighborhood Improvement District) charge assessed to the property owner for connection to the Blue Springs sanitary sewer system. The proposed changes include a reduction of sewer tap fees by the amount of the NID assessment. Chris Sandie, Director, Public Works, stated that the fee increase includes some improvements that were mandated based on changes to regulations by the EPA. Mr. Sandie stated that there will likely be more changes mandated in the next 5-10 years. Several Commissioners requested that the changes to the Development Review Fees be condensed into a summary page and map for easier understanding. MOTION Commissioner Joe Haney recommended the approval of the “Sewer & AGENDA ITEM 2A. Water Development Charges” and to include a summary of the sewer & SEWER & WATER water development fee changes from Christine Cates, Assistant City DEVELOPMENT Administrator. CHARGES SECOND Seconded by Commissioner Ben Alexander. VOTE Joe Haney – Aye Susan Culpepper – Aye Ben Alexander – Aye Bob Frost – Abstain Mitchell Peil, Chairman – Aye Vacant – (APPROVED 4-Aye, 0-No, 1-Abstention) ADDITIONAL Commissioner Alexander stated that he was hesitant to approve any of the COMMENTS fee changes without being familiar or having more information about the AGENDA ITEM 2A. processes involved in building or planning. SEWER & WATER DEVELOPMENT Councilman Susan Culpepper stated that she felt the purpose of having staff CHARGES attend the meetings and present material was that they were more familiar with the processes and better understood the regulations to be changed. Chairman Peil stated that fees have not changed in the past 12 years and many updates to city infrastructure have been made in that time, which requires additional revenue to be brought in. AGENDA ITEM 2B. Scott Allen, Director, Community Development, stated that being proposed BUILDING PERMIT & is a change to building permit and plan review fees. Mr. Allen stated that PLAN REVIEW FEES the purposes of increasing the fees include developing sustainable funding for infrastructure and facilities and creating a sustainable revenue structure. DAC Minutes – 07.13.2017 Page 2 of 7 kf  Strategies for implementing these goals include looking at updating systems to submit business license renewals and building permit applications online, as well as enhancing the customer experience by implementing an electronic plan review and upgrading the Citizen’s Access Portal to the updated Citizen’s Self Service platform. Also in development is additional training and certification of staff and eventually implementing over-the- counter or same-day permitting. Mr. Allen stated some other communities have goals of 50% to 100% cost recovery for Codes, and staff has analyzed various numbers to propose a goal for Blue Springs. Ultimately, staff has recommended to keep the increase at 10% as recommended with the previous fee increase, with a recommendation to increase that amount by 2½% per year. Fee increases would increase revenues by $270,000 after cost recovery over the next 5 years. Mr. Allen stated that the new fees would increase permit costs by $105 on average and directed the Commissioners to inspect the values and comparisons chart included in the Staff Report. Commissioner Frost stated that he did not agree with the proposal to increase the permit fees by 2½% annually in case of changes in the building market or economy. Commissioner Frost also stated that he felt the building permit processes could be improved by the implementation of online systems and simplification of the process. MOTION Commissioner Ben Alexander recommended the approval of the “Building AGENDA ITEM 2B. Permit and Plan Review Fees” effective June 2018. BUILDING PERMIT & PLAN REVIEW FEES SECOND None. VOTE Joe Haney – Susan Culpepper – Ben Alexander – Bob Frost – Mitchell Peil, Chairman – Vacant – (MOTION DIED) Councilman Culpepper stated that generally, when making budget changes and changes to fees, it is easier on everyone involved to make all changes at the same time. Councilman Culpepper also stated that it is in the best interest of builders and citizens to improve efficiency as quickly as possible. Commissioner Alexander stated that he felt the fee increases were not immediately necessary and he felt it was more important to streamline the process first before making electronic improvements. Commissioner Alexander stated that he felt the City should attempt to find solutions other than increasing fees to improve their processes. MOTION Commissioner Bob Frost recommended the approval of the “Building AGENDA ITEM 2B. Permit and Plan Review Fees” effective October 1, 2017, with the DAC Minutes – 07.13.2017 Page 3 of 7 kf BUILDING PERMIT & stipulation that it be reviewed in three (3) years (FY 2020/2021). PLAN REVIEW FEES SECOND Seconded by Commissioner Ben Alexander. DISCUSSION Christine Cates, Assistant City Administrator, stated that the reasoning AGENDA ITEM 2B. behind the fee increase and regular increases moving forward is to keep up BUILDING PERMIT & with increasing operating costs in the future and prevent in the future going PLAN REVIEW FEES so long between fee increases or evaluations. Commissioners requested the clarification that the “Building Permit and Plan Review Fees” be re-evaluated every three (3) years, particularly a review of the annual increase of 2½% which is herein removed, starting Fiscal Year 2020/2021. VOTE Joe Haney – Aye Susan Culpepper – Aye Ben Alexander – Aye Bob Frost – Aye Mitchell Peil, Chairman – Aye Vacant – (APPROVED 5-Aye, 0-No) AGENDA ITEM 2C. Scott Allen, Director, Community Development, stated that the “Planning PLANNING & and Development Fees” have the same increase and background reasoning DEVELOPMENT FEES as the “Building Permit and Plan Review Fees.” MOTION Commissioner Frost recommended the approval of the “Planning and AGENDA ITEM 2C. Development Fees” effective October 1, 2017, with the stipulation that it be PLANNING & reviewed in three (3) years (FY 2020/2021). DEVELOPMENT FEES SECOND Seconded by Commissioner Ben Alexander. VOTE Joe Haney – Aye Susan Culpepper – Aye Ben Alexander – Aye Bob Frost – Aye Mitchell Peil, Chairman – Aye Vacant – (APPROVED 5-Aye, 0-No) DAC Minutes – 07.13.2017 Page 4 of 7 kf AGENDA ITEM 2D. Scott Allen, Director, Community Development, went over with the NEWLY REVISED Commission the changes to permit and planning applications and new APPLICATION PACKET processes involved with the new applications. (INFORMATION ONLY) AGENDA ITEM 3 Scott Allen, Director, reminded the DAC that the Amended UDC was UNIFIED adopted by the City Council in August 2015. After further review staff has DEVELOPMENT CODE found some areas that are requesting to be amended. (UDC) MINOR AMENDMENTS 1. Section 407.090.H.1, Screening of Equipment – Roof DISCUSSION & VOTE 2. Chapter 120: Article VI: Development Advisory Commission ON (add to UDC Chapter 402: Review and Decision-Making RECOMMENDATION TO Bodies) PLANNING 3. Section 405.030, Non-Residential Building Type Standards – COMMISSION Small Commercial Buildings 4. Section 404.240.L, Downtown Development Code – Building Materials 5. Section 404.090-110.D.4, Two-Family & Multi-Family Performance/Design Standards – Limited Building Types 6. Section 407.020.D.2, Single- and Two-Family Residential Driveway Coverage 7. Silt Fence for Residential Construction (information only) 8. Changes to the Design and Construction Manual (information only) Scott Allen, Director, stated that item 1 is being added to add a code requirement to have roof screening equipment approved along with building design and add more specific requirements for approval. Item 2 will add the DAC to the list of Review and Decision-Making Bodies. Item 3 corrects a typo referencing the minimum setback requirements. Item 4 adds EIFS to the list of allowed masonry materials to the Downtown area. Item 5 adds information on the Planned Development Concept Plan. Item 6 increases the allowed driveway coverage of the required front yard area and simplifies the wording and requirements for driveway coverage. Mr. Allen stated that Item 7 is information on current research being conducted by staff on erosion control and retention of soil on construction sites. Chris Sandie, Director, Public Works, stated that Item 8 is largely due to changes to the manual of the American Public Works Association, and changes currently in progress will be administratively approved. MOTION Commissioner Ben Alexander recommended the approval of items 1-6 of UNIFIED the Minor Amendments to the Unified Development Code. DEVELOPMENT CODE (UDC) MINOR AMENDMENTS DISCUSSION & VOTE ON RECOMMENDATION TO PLANNING DAC Minutes – 07.13.2017 Page 5 of 7 kf COMMISSION SECOND Seconded by Commissioner Joe Haney. VOTE Joe Haney – Aye Susan Culpepper – Aye Ben Alexander – Aye Bob Frost – Aye Mitchell Peil, Chairman – Aye Vacant – Aye (APPROVED 5-Aye, 0-No) AGENDA ITEM 4 Mark Stombaugh, EDC Manager, stated that before the Commission is a MAIN CENTER change to the Main Center Redevelopment Corporation tax abatement REDEVELOPMENT policy. This policy change will give the MCRC the ability to reduce the CORPORATION (MCRC) amount of fees collected on residential and commercial development within DISTRICT PERMIT the Downtown district. This reduction is intended to encourage certain PROGRAM DISCUSSION types of development in the Downtown area. The fees in this area would be & VOTE ON reduced by half, including building permits, sign permits, planning fees and RECOMMENDATION TO water and sewer tap fees. CITY COUNCIL MOTION Commissioner Ben Alexander recommended approval of the MCRC Tax MAIN CENTER Abatement Policy to include an additional program reducing the permit, REDEVELOPMENT review, and system development fees charged on construction projects CORPORATION (MCRC) within the boundaries of the MCRC district. DISTRICT PERMIT PROGRAM DISCUSSION & VOTE ON RECOMMENDATION TO CITY COUNCIL SECOND Seconded by Commissioner Joe Haney. VOTE Joe Haney – Aye Susan Culpepper – Aye Ben Alexander – Aye Bob Frost – Aye Mitchell Peil, Chairman – Aye Vacant – Aye (APPROVED 5-Aye, 0-No) OTHER BUSINESS None. MEETING ADJOURN With no further discussion, a motion was made by Commissioner Bob Frost to adjourn at 10:54 a.m. Seconded by Commissioner Ben Alexander. DAC Minutes – 07.13.2017 Page 6 of 7 kf  _______________________________ Respectfully submitted by Karen Findora, Recording Secretary ____________________________________ __________________________ Mitchell Peil, Chairman Date DAC Minutes – 07.13.2017 Page 7 of 7 kf  PUBLIC NOTICE Unified Development Code Text Amendment UDCT-02-18-6233 An Ordinance Amending Section 403.050: Platting; Section 406.050: Drainage System; Section 406.080: Property Owners’ Associations; Section 405.030-1: Land Use Table; Section 405.050.19: Special Use Standards – Vehicle/Equipment Sales, Vehicle/Equipment Storage Yards, and Vehicle Repair (General); Section 407.040.D.3: Fences; Section 405.020: Residential Building Type Standards; Section 405.060: Accessory Uses; Section 404.240: Downtown Development Code; Section 411.030: Use Groups and Description of Uses; and Adding Section 405.050.32: Tobacconist; and Section 405.050.33: Body Art Service Notice is hereby given that a public hearing will be held by the Planning Commission of the City of Blue Springs on Monday, February 26, 2018 at 6:30 p.m. in the Multi- Purpose Room of the Howard L. Brown Public Safety Building at 1100 SW Smith to consider amendments to the Unified Development Code (UDC) as noted above. Questions regarding these UDC changes can be directed to the Community Development Department at 816-228-0207. CITY OF BLUE SPRINGS Planning Commission The City Council of the City of Blue Springs will also hold a public hearing on the above noted subject on Monday, March 5, 2018, at 6:00 p.m. in the Multi-Purpose Room of the Howard L. Brown Public Safety Building to consider the request and the recommendation of the Planning Commission. CITY OF BLUE SPRINGS City Council PUBLISH: Saturday, February 10, 2018 2/8/18 - E-Mailed to the Examiner – Page 1 of 2 kmf (Kathy Jones) - (kathy.jones@examiner.net) Page 2 of 2 kmf DATE: February 15, 2018 TO: Development Advisory Commission FROM: Scott Allen, Director SUBJECT: Review of Regulations for Above Ground Fuel Tanks Recently, staff received a request to install above ground fuel tanks at a local business (zoned ‘LI’ Light Industrial). This was the first such request in several years, prompting staff to consider modifications to the current complete prohibition on such tanks (with the exception of temporary, portable tanks): Section 500.140 Storage of Flammable Liquids. [Ord. No. 2500 §1, 10-5-1994] A. Above ground tanks for the storage of Class 1, Class 2 and Class 3A Flammable Liquids shall be prohibited within the City of Blue Springs. B. Exception. Above ground storage not exceeding two hundred fifty (250) gallons may be permitted on premises zoned or used for heavy industrial, light industrial, agricultural and/or construction sites not to exceed ninety (90) days. With the assistance of Mid-America Regional Council (MARC), staff researched several metro communities and found that all those who responded to our request for information (8 cities/counties in all), they are treated as “accessory structures,” or the municipality or county relies entirely on the International Fire Code (IFC) for regulation. To that end, staff reviewed 2012 IFC standards, under which Blue Springs is currently regulated. The IFC does provide for some basic minimum separation standards and operational requirements (see next page): TABLE 2306.2.3 MINIMUM SEPARATION REQUIREMENTS FOR ABOVE-GROUND TANKS MINIMUM MINIMUM DISTANCE MINIMUM DISTANCE MINIMUM FROM LOT DISTANCE FROM DISTANCE LINE THAT IS CLASS OF INDIVIDUAL FROM MINIMUM NEAREST FROM OR CAN BE LIQUID TANK NEAREST DISTANCE IMPORTANT NEAREST BUILT UPON, AND TANK CAPACITY SIDE OF BETWEEN BUILDING ON FUEL INCLUDING TYPE (gallons) ANY PUBLIC TANKS (feet) SAME DISPENSER THE OPPOSITE WAY PROPERTY (feet) SIDE OF A (feet) (feet) PUBLIC WAY (feet) Class I Less than protected or equal to 5 25a 15 5 3 above- 6,000 ground Greater tanks 15 25a 25 15 3 than 6,000 Class II and III protected Same as Same as Same as Same as Same as Same as above- Class I Class I Class Ic Class I Class I Class I ground tanks Separate Tanks in compartment 0‒20,000 0b 0 0b 0 vaults required for each tank Other All 50 50 100 50 3 tanks For SI: 1 foot = 304.8 mm, 1 gallon = 3.785 L. a. At fleet vehicle motor fuel-dispensing facilities, a minimum separation distance is not required. b. Underground vaults shall be located such that they will not be subject to loading from nearby structures, or they shall be designed to accommodate applied loads from existing or future structures that can be built nearby. c. For Class IIIB liquids in protected above-ground tanks, a minimum separation distance is not required. However, it does not, naturally, provide for local zoning standards, inspection parameters, etc. Thus, should the City choose to allow above ground fuel tanks, at a minimum the following provisions must be defined: 1. Zoning Districts – Where should such tanks be allowed? 2. Setbacks – Should there be more specific property line and right-of-way setbacks in addition to the above separation requirements? 2 3. Size and Number – What limits should be placed on tank size and number per property/acre/lot? 4. Spillage & Containment – What performance standards should apply to safely address accidental spillage of fuel and containment thereof? 5. Installation – Specialized anchoring, connections, and installation will require specialized building inspections, typically via a third party at added cost to the owner. 6. Annual Inspections – Who will be responsible for conducting annual safety inspections? Fire Districts, the City, or a contracted third party? Consequently, due to the issues noted and other potential unforeseen issues, staff is recommending that the ordinance not be changed at this time. However, staff is still requesting your feedback on any specific responses to these items, should an interest in modifying the ordinance be considered. 3 DATE: February 9, 2018 TO: Development Advisory Commission FROM: Scott Allen, Director SUBJECT: Unified Development Code (UDC) Recommended Amendments (UDCT-02-18- 6233) Below is a list of proposed changes to the UDC. The current UDC was adopted by the City Council in August of 2015 and became effective in October of 2015. There have been three rounds of modifications to date (February 2016, October 2016, and August 2017). This represents a fourth round of modifications. As staff continues to apply the UDC we have found a number of provisions that need to be modified. The modifications are needed in order to correct errors and/or to make the UDC easier to understand and implement. In total there are 11 amendments noted and numbered below. 1. Staff has been utilizing “Development and Maintenance Agreement” over the past couple of years to ensure long-term maintenance of infrastructure and public/semi-public improvements within developments. Staff believes that the standard requirements within each Agreement can be better addressed through these requirements being added to the UDC, rather than having a separate Agreement for each development. Language can also be added to the Final Plat to ensure that the long-term maintenance requirements remain with the land and future property owners, rather than solely the initial developer. Staff recommends amending Section 403.050.G: Public Improvements Or Performance Guarantees, and Development and Maintenance Agreements And Property Owners’ Associations or Homeowners’ Associations. Prior to approval of a final plat, the developer shall install all required public improvements, including, but not limited to, roads, water, sanitary sewer, and stormwater infrastructure, or post a financial guarantee of performance in a form established by the City (performance guarantees), and provide Development and Maintenance Agreements as required by the Director of Public Works or his/her designee. as approved by the Director of Public Works for non-life safety items, such as sidewalks or landscaping, which are delayed by weather; and form or cause to be formed a Property Owners’ Association or Homeowners’ Association in accordance with Section 406.080. 2. Based on the first amendment above, staff also recommends amending Section 406.080: Property Owners’ Associations and Homeowners’ Associations. 1 A. Owners shall form or cause to have formed a Property Owners' Association or Homeowners’ Association (“association”) in accordance with the following standards.: 1. Recordation and Registration. The association shall be established in recorded subdivision restrictions and duly incorporated before any lot within the subdivision is sold. The association corporation shall at all times be in good standing registered with the Office of the Missouri Secretary of the State. 2. Membership. Membership in the Property Owners' Association association shall be mandatory for each owner of real property within the subdivision. 3. Responsibilities. Common open space, subdivision entrance structures, or recreational ground must be owned and maintained by the Property Owners' Association association in perpetuity. The Property Owners' Association association shall be responsible for payment of property taxes on and maintenance of all common open space areas and facilities, maintenance of liability insurance, and other related duties of ownership. Designated storm water conveyance, retention, or detention facilities to be located on common open space shall be maintained by the association. In the event of failure to maintain such facilities to the standards required by the City or set forth in the planned development final plan or final plat if no development plan is required, abatement by the City shall be authorized. Upon completion of the abatement and certification by the Director of Community Development and/or the Director of Public Works that the deficiency has been abated, the Director of Community Development and/or the Director of Public Works shall certify all costs of such abatement, including enforcement costs and expenses of staff time incurred in the remediation of the deficiency to the City’s Director of Finance. The Director of Finance shall cause a special tax bill therefore, or add the costs thereof to the annual real estate tax bill, at the Finance Director’s option, to be assessed proportionally against all lots and lot owners within the development, in an equal amount per individual lot or lot owner. The amount caused by the Finance Director to be assessed shall be a lien against all lots in the development. 4. Establishment of Property Owners' Association or Homeowners’ Association. a. The owner shall file a declaration of restrictions and a declaration of Property Owners' Association association with the preliminary and final plats when approval is sought, setting forth the above conditions and other features of the Property Owners' association which has been approved by the City Attorney. The owner shall supply to the City Council and the Planning Commission a copy of the articles of incorporation and a complete set of the bylaws of the Property Owners' Association association. Said declaration of restrictions and declaration of Property Owners' Association association shall be recorded along with the final plat. 2 b. The City Council may require, that, in addition to insertion of covenants or provisions creating easements and provisions for mandatory membership in the Property Owners' Association association in all deeds to home buyers, and the owner grant an easement over all common open space to the City to insure that the area will remain open in perpetuity. Such an easement is intended to preclude development and preserve common open space; it may, however, provide (at the option of the Property Owners' Association association) for public access to, or use of, common open space. c. If a development plan includes construction of a landscaped decorative entryway, islands, statuary or other aesthetically oriented theme or identity amenities which are to be located within an easement, the Property Owners' Association association shall be specifically charged with the responsibility for perpetual maintenance of such areas. This shall not apply to landscaping within the median strip of arterial or major collector streets where City maintenance is provided. d. In the event that an Property Owners' Association association established to own or maintain common open space, or any successor association, shall at any time after development of a residential subdivision, fail to maintain the common open space in reasonable order and condition, the City Administrator Director of Community Development and/or the Director of Public Works or his/her designee may serve written notice upon such association setting forth the manner in which the association has failed to maintain the common open space, and said notice shall include a demand that such deficiencies of maintenance be corrected within thirty (30) days thereof, and shall state the date and place of a public hearing thereon which shall be held within fourteen (14) days of said notice. At such public hearing, the City Council hearing officer may modify the terms of the original notice as to the deficiencies and may give an extension of time within which they shall be corrected. If the deficiencies set forth in the original notice or in the modification thereof are not corrected within said thirty (30) days, or any extension thereof, the City Council Director of Community Development and/or the Director of Public Works, in order to preserve the taxable values of properties within the residential subdivision and to prevent the common open space from becoming a public nuisance, may authorize appropriate City employees or their agents to enter upon said common open space and maintain the same for a period of one (1) year at the cost of the owner's property served by the improvement so maintained. Said entry and maintenance shall not vest in the public any rights to use the common open space. e. Before expiration of said year, the City Council Director of Community Development and/or the Director of Public Works shall, upon its own initiative or upon request of the Property Owners' Association association theretofore responsible for maintenance of the common open space, call a public hearing upon notice to such association, or to residents of the residential subdivision, at which public hearing the City Council hearing officer shall decide whether or not such maintenance by the City should continue for a succeeding year. If the City Council hearing officer shall determine that the Property Owners' Association association is ready and able to maintain the common open 3  space in reasonable condition and order, the City shall cease to maintain the common open space at the end of said year. If the City Council hearing officer shall determine that such association is not ready and able to maintain the common open space in reasonable condition and order, the City Council hearing officer may, in its' the hearing officer’s discretion, determine that the City shall continue to maintain the common open space during the succeeding year and, subject to a similar public hearing and determination, in each year thereafter. The cost of such maintenance by the City shall be assessed proportionally against all properties within the residential subdivision that have a right of use and enjoyment of the common open space, and shall become a tax lien on said properties upon certification of the costs thereof to the City Clerk by the Director of Community Development and/or the Director of Public Works. B. Any person who shall violate, fail, neglect or refuse to comply with any provision of this section shall be subject, upon conviction, to the penalty or penalties provided in Section 100.080 of this Code. 3. Staff recommends adding language from the “Development and Maintenance Agreement” to Section 406.050. Drainage Easement: A. General Standards. 1. In the planning and design of stormwater management systems in the City of Blue Springs, the design criteria set forth in the latest edition of the Blue Springs, Missouri Design and Construction Manual, shall be used. This document is hereby referenced and made a part of this Chapter as though expressly incorporated herein. 2. It is the policy of the City to encourage the owner to locate and design streets, blocks, lots, parks and open space in such a manner as to reduce the velocity of overland flow; allow the maximum opportunity for infiltration of stormwater into the ground; and to preserve existing streams, channels, detention basins and flood plain areas as open space. 3. Where the stormwater management plan, as approved by the Director of Public Works, indicates that the proposed development will aggravate downstream drainage or flooding problems, provisions shall be included in the design of storm drainage improvements for the temporary controlled detention of stormwater runoff and its regulated discharge to the downstream storm drainage system. If storm water detention is required, the criteria and policies set forth in the following paragraphs shall be applied in the design and development of the final stormwater management plan for the proposed project. B. Flood Plains. When the proposed development abuts, includes, or encompasses a portion of a flood plain, as defined herein, the professional engineer, preparing the stormwater management plan, shall review and in all ways comply with requirements of other City ordinances regarding construction of buildings and other development in the flood plain areas of the City. The engineer shall also consult the flood insurance study as 4  previously prepared for the City by the Federal Insurance Administration. Any modification to the flood plain shall be submitted to the Federal Emergency Management Agency (FEMA) for a revision to the National Flood Insurance Program (FIRM) maps. All cost for the map revision or amendment shall be at the expense of the owner. C. Initial Construction. The Stormwater Management System, BMP Facilities, distribution systems for drinking water, streets and the sanitary sewers for the Property shall be constructed by the Developer, its successors and assigns, in accordance with the plans and specifications (the “Plans”) approved by the City and in accordance with the Blue Springs Municipal Code, the Blue Springs Unified Development Code and all other applicable regulations. The drinking water meters shall be installed by the Water District 13 on property dedicated as public access/ easement by the Developer. D. On-Site Storm Water Management System and BMP Facilities. 1. Maintenance. Except as otherwise expressly provided below for the public portion of the storm water system, the Developer and its successors and assigns, including the Homes Association, shall, at all times, adequately maintain the Storm Water Management System and the BMP facilities as approved for the Development in the approved Plans. The facilities to be maintained shall include all pipes and channels built to convey storm water to the BMP Facilities, as well as all structures, improvements and vegetation provided to control the quantity and quality of the storm water. Adequate maintenance is herein defined as maintained in good working condition so that the Storm Water Management System and the BMP Facilities: 1) fully and completely perform and function as designed; 2) do not adversely affect other elements of the overall storm water 4. Land Use Table (405.030-1): Staff is requesting to add a new “Tobacconist” use under “Retail/Commercial;” a new “Body Art Service” use under “Service/Entertainment;” and to add “Vehicle Repair, General” with a Conditional Use Permit in the “RC” (Regional Commercial) zoning district. Land Use Table (405.030-1) Table 405.030-1: Use Table Key: Residential Zoning Districts Non-Residential Zoning Districts  = Permitted use / general standards  = Limited use / specific standards or planned districts  = Conditional use / discretionary review RE SF-12 SF-7 TF MF-10 MF-14 MF-18 N-L N-O NB SO GB RC LI HI PLOS Uses Retail / Commercial Tobacconist   5 Table 405.030-1: Use Table Key: Residential Zoning Districts Non-Residential Zoning Districts  = Permitted use / general standards  = Limited use / specific standards or planned districts  = Conditional use / discretionary review RE SF-12 SF-7 TF MF-10 MF-14 MF-18 N-L N-O NB SO GB RC LI HI PLOS Uses Service/Entertainment Body Art Service   Industrial Vehicle repair, general    5. Vehicle/equipment sales, vehicle/equipment storage yards and vehicle repair (general) (Section 405.050.19): Add the following: Vehicle Repair, General, uses may be permitted in the “RC” (Regional Commercial) zoning district only when accessory to a permitted “Outdoor Sales and Services – Equipment.” 6. “Body Art Service” and “Tobacconist” need to be added to Section 411.030. Use Groups and Descriptions of Uses. Section 411.030.E. Retail/Commercial Use Group. This use group provides businesses engaged in the retail sale or rental of goods, products, and associated services to the general public, where frequent interaction with customers, patrons, or the general public occurs on site. TOBACCONIST – A commercial established primarily for the sale of tobacco related products. Tobacco related products shall include, but not limited to: cigarettes, cigars, pipe tobacco, loose tobacco, cigarette papers, and pipes. This definition shall also include electronic and vapor cigarettes. Section 411.030.F. Service/Entertainment Use Group. This use group provides businesses engaged in personal or professional service, entertainment or business support activities that typically do not involve the exchange of goods, but where frequent interaction with the customer, patron or general public occurs on site. BODY ART SERVICE – Any facility that engages in the activity of tattooing and body piercing as defined and regulated by the State of Missouri. Body Art Services do not include a facility that only conducts ears piercing and physicians who perform body art procedures as part of a patient treatment. 7. Use Standards need to be added for the “Body Art Service” and “Tobacconist” uses to Section 405.050. Section 405.050.32. Tobacconist. Tobacconist shall be subject to the following standards and requirements: 6  a. As a conditional use, a tobacconist may not locate or expand any existing operation within 500-feet of any residential use or district, church, school or public park. The distance between these uses shall be measured in a straight line from the boundary of any property containing the tobacconist and the boundary of any property zoned residential or in use for a residential purpose, church, school, or public park. b. No permit or license may be issued for a tobacconist where it is determined that the total number of such facilities will exceed a population density factor of one such establishment per 8,000 residents based on the last decennial census. Section 405.050.33. Body Art Service. Body Art Services shall be subject to the following standards and requirements: a. a. As a conditional use, body art services may not locate or expand any existing operation within 500-feet of any residential use or district, church, school or public park. The distance between these uses shall be measured in a straight line from the boundary of any property containing the body art service and the boundary of any property zoned residential or in use for a residential purpose, church, school, or public park. b. No permit or license may be issued for a body art service establishment where it is determined that the total number of such facilities will exceed a population density factor of one such establishment per 15,000 residents based on the last decennial census. This shall not restrict multiple artists from collocating in an establishment. 8. Staff is requesting 8-ft. fences to be permitted in multi-family zoning districts (“MF-10” and more intensive) in addition to commercial and industrial zoning districts. This issue recently was discussed with the approval process of “Tequesta Village” where both the developer and adjacent property owners were agreeable to an 8-ft. fence for increased privacy between single-family and multi-family, but were only permitted up to a 6-ft. fence by code. There have also been multiple situations where the installation of fences with support posts on the inside is not feasible without trespassing on an adjacent property. Staff is requesting that property owners have the option of having the supports posts on the outside of the fence when not facing public right-of-way. Section 407.040.D.3.b. Rear and side fences. All rear and side fences located behind the front building line shall: (1) Be limited to no higher than six (6) feet in residential “TF” (Two-Family) and less intensive zoning districts and eight (8) feet in all other districts; Section 407.040.D.3.c Other fence design standards. (2) All fences in or abutting residential districts facing public right-of-way shall be constructed so that the finished side faces adjacent property public right-of-way and the support posts are inside the fence and screened from view. 7  9. Side and corner side setback standards present a challenge in the “MF-10” (Low Density Multi-Family) zoning district when multiple buildings are on a single lot, as the setback is based on the width of the lot (which in most cases can be hundreds of feet). Staff recommends amending Section 405.020: Residential Building Types with the following: Apartment – Complex Frontage width n/a MF – 10 = 4,000 s.f. min. per ground floor dwelling unit Lot Size Area MF – 14 = 3,000 s.f. min. per ground floor dwelling unit MF – 18 = 2,400 s.f. min. per ground floor dwelling unit Front 50’ min. on collector streets; 20’ minimum all other streets 10’ min.; except 20% of lot width in the MF-10 district. 20’ when adjacent to a less intensive Side Setbacks zoning district. Corner side 10’ min.; except 20% of lot width in the MF-10 district. Rear 20’ min., except 4’ min. for alley-loaded detached garages Height 45’ max., up to 3 stories, except up to 65’ and 5 stories in the MF-18 district. Frontage Type Buffer Edge; Building coverage = 60% of lot area max. Front-loaded and side-loaded garages shall be setback at least 50’ from collector streets and 20’ from all other streets. 8 units per floor max Design & Performance Standards MF-10 = 10 units per acre max.; MF-14 = 14 units per acre max. MF-18 = 18 units per acre max. Minimum separation of at least 20 feet from all buildings. Minimum 40% developed as open space; and a minimum 10% developed as active open space. 10. Staff is requesting changes to the “Residential Accessory Uses” section to more clearly define permitted accessory building size and height. Section 405.060 Accessory Uses: A. Residential Accessory Uses. Residential uses shall include, but not be limited to, the following accessory uses, activities and structures: 1. Fences and walls, subject to Section 407.040.D.3; 2. Garages, carports and off-street parking and loading areas, provided that a detached garage or carport shall not cover more than five percent (5%) ten percent (10%) of the total lot area; 3. Gardens; 4. Gates and guard houses; 5. Guest house or guest rooms, neither of which may include kitchen facilities, provided such facilities are used for the occasional housing of guests of the occupants of the principal building and not as rental units for permanent occupancy as housekeeping units; 6. Home occupations, subject to Section 405.050(D); 7. Playhouses, patios, cabanas, porches, gazebos and incidental household storage buildings, provided that such buildings shall not cover more than five percent (5%) ten percent (10%) of the total lot area. Storage buildings that have been converted from a wheeled trailer, a portable storage container 8  or a roll-off trash container, as the latter two (2) are defined in Chapter 270 of the Code of Ordinances, are unlawful and shall not constitute a residential accessory use; 8. Radio and television receiving antennas and support structures, subject to the partial height exemption of Section 411.030(H)(3)(e); 9. Recreational and play facilities for residents; 10. Storage of recreational equipment such as boats, boat trailers, camping trailers, converted buses or trucks, house trailers, provided that storage shall be limited to private garages, side or rear yards of private homes, and in the paved driveways of private homes. Stored vehicles or equipment shall not protrude onto public property, right-of-way or obstruct any sidewalks. No recreational vehicle shall be used for living or sleeping purposes while stored on the premises for a period exceeding fourteen (14) days in a calendar year; 11. Storm shelters and fallout shelters; 12. Accessory living units not exceeding 750 sq. ft. or 10% of the total lot area, whichever is less. Accessory living units shall count towards the total allowable area for accessory structures on a property. Only one (1) accessory living unit is allowed per residential lot and only as accessory to a principal structure; and, 13. Other necessary and customary uses determined by the Director of Community Development to be appropriate, incidental and subordinate to the principal use on the lot, subject to compliance with any development and performance standards imposed by the Director of Community Development to ensure land use compatibility. C. Accessory Use Development and Operational Standards. The following standards shall apply to all accessory uses and structures unless otherwise specifically provided. 1. Front Yard or Street Side Yard Setback. No accessory structure, other than a fence or non-load bearing wall, shall be located within a required Front Yard or Street Side Yard setback. See fence regulations of Section 407.040(D)(3). 2. Rear Yard setback. Accessory structures shall not be required to comply with the interior rear setback standard that applies to principal uses. Accessory structures, other than fences or non-load bearing walls, shall, however, be set back at least two and one-half (2½) feet from side or rear lot lines, except for accessory living units which shall be subject to the standards provided in Section 405.020, Accessory Dwelling Unit. A Street Facing Rear Yard shall be required to setback accessory structures a minimum of 8 feet except Accessory Dwelling Units which shall be subject to the provision of Section 405.020, Accessory Dwelling Unit. 3. Side Yard setbacks. Accessory structures shall not be required to comply with the interior side setback standard that applies to principal uses. Accessory structures, other than Accessory Dwelling Units, fences or non- load bearing walls, shall, however, be set back at least two and one-half (2½) feet from side property lot lines and shall be located no closer than 10 feet behind the front building line of the principal building on the lot. Notwithstanding the foregoing, accessory structures shall comply with, and not be located within, any front yard setback and, if located in a Street Facing Side Yard setback. shall be setback at least eight (8) feet from the side 9  property lot line, except for Accessory Living units which shall meet the minimum setback requirements of Section 405.020, Accessory Dwelling Unit.. 4. Setbacks from easements. No accessory structure, other than a fence or wall, shall be located within any platted or recorded easement (other than a drainage easement), or over any known utility. 5. Height. No accessory structure shall exceed the maximum height standards of the underlying district unless specifically authorized. the height of the principal structure or sixteen (16) feet, whichever is less. 6. Building separation. Unless attached to the principal structure, accessory structures shall be located at least five (5) feet from any other structure. 7. Building coverage. No detached accessory structure shall cover more than ten percent (10%) of the total lot area unless otherwise specifically provided. Accessory buildings and structures shall be included in the calculation of total building coverage. 11. Staff is proposing several changes to Section 404.240 (Downtown Development Code) that are intended to accommodate modifications made to the 2015 UDC, including land use categories and bicycle parking. The UDC also references an Appendix that includes landscaping requirements for the Downtown Development Code that can be more easily accommodated within the code. Further clarification on parking standards, as well as the revision of some language for consistency is also recommended. UDC Section 404.240: E. Permitted Uses And Uses Allowed By Conditional Use. Within the area covered by the DDC, a wide variety of uses and structures, from residential to commercial, are allowed or allowed by conditional use. All conditional uses and structures must be approved by the Downtown Review Board. Structures shall be regulated by T- zone. 1. Retail and office uses allowed. a. Animal care, limited. b. Bank or financial institution. c. Bar or tavern. d. Club, private. e. College or university. f. Convalescent care. g. Cultural service. h. Day care, limited (1 — 6). i. Day care, general (7 — 10). j. Day care, commercial. k. Flextech. l. Funeral home. m. Government service. 10 n. Health club. o. Hotel or motel. p. Library. q. Medical service. r. Military service. s. Office, general. t. Parks and recreation. u. Post office. v. Recreation and entertainment, indoor. w. Religious assembly. x. Research service. y. Restaurant, fast-food. z. Restaurant, general. aa. Retail sales and service. ab. School, elementary, middle or high. ac. Studio, television or film. ad. Vocational school. ae. Festivals of up to five (5) days in duration if located in Zone T4 or Zone T5 1. Uses permitted in mixed-use and commercial building types. A. Assisted living – convalescent care B. School – elementary, middle, or high C. School – vocational D. School – college or university E. Funeral home F. Library G. Cultural service H. Public/government service I. Office – small J. Office – general K. Micro-commercial (<1,000 s.f.) L. Small retail (<3,000 s.f.) M. Mid-size retail (3,000-12,000 s.f.) N. Grocery store (<40,000 s.f.) O. Outdoor sales – limited P. Outdoor sales – seasonal Q. Animal care – limited R. Bank or financial institution S. Bar or tavern 11  T. Club, private U. Day care – limited V. Day care – general W. Day care – commercial X. Health club Y. Hotel or motel Z. Medical service AA. Personal Services BB. Recreation and entertainment – indoor CC. Restaurant – fast-food DD. Restaurant – general EE.Studio – television or film FF. Artisan/micro-manufacturing GG. Manufacturing – limited HH. Food production – limited II. Utility – minor 2. Retail and office uses allowed by conditional use. a. Construction sales and service. b. Parking lot, commercial. c. Recreation and entertainment, outdoor. d. Repair service. e. Safety service. f. Transitional living center. g. Warehouse, residential storage. h. Printing and publishing. i. Transit facility. j. Haunted houses if located in Zone T4 or Zone T5. k. Festivals of more than five (5) days in duration if located in Zone T4 or Zone T5. 2. Uses permitted by conditional use permit in mixed-use and commercial building types. A. Group home – transitional living center B. Outdoor sales and services C. Haunted house D. Recreation and entertainment – outdoor E. Vehicle Repair, Limited F. Storage – residential warehouse G. Military service 12  H. Transit facility I. Utility – major J. Parking Lot – Commercial K. Building/Construction Contractor 3. Zone T3. Building types permitted in T3 Zone. a. Allowed. Single-family houses; accessory units. b. Allowed by conditional use. Live/work units; small civic buildings; flat over flats; paired houses; tandem houses. 4. Zone T4. Building types permitted in T4 Zone. a. Allowed. Single-family houses; accessory units; paired houses; flat over flats; tandem houses; row houses; apartment buildings; small civic buildings. b. Allowed by conditional use. Mixed-use buildings; and live/work units.; and haunted houses which are subject to, and must comply with, the conditions contained in Section 405.020(DD) which sets forth the special use standards for a haunted house. 5. Zone T5. Building types permitted in T5 Zone. a. Allowed. Accessory units; row houses; apartment buildings; mixed-use buildings; live/work units; small civic buildings. b. Allowed by conditional use. Small commercial buildings. and haunted houses which are subject to, and must comply with, the conditions contained in Section 405.020(DD) which sets forth the special use standards for a haunted house. 6. CS. Building types permitted in CS Zone. a. Allowed by conditional use. Prominent civic buildings. G. Height And Area Standards. All buildings and structures shall incorporate the following minimum standards: f. For parking and other paved areas. Not less than twenty-five (25) feet from any public right-of-way and not less than six (6) feet from any property line. H. Parking Standards. Parking standards vary by T-zone. Office and retail space may utilize the on-street parking adjacent to the lot frontage as part of the parking requirement. Parking lots and garages shall not front to the street. Attached 13 garages shall not front to the street on which the primary building entrance is located. Detached garages may front to the street when located in the rear yard. Off- street parking shall be located at the rear of the building. When the depth of a lot is insufficient to accommodate required off-street parking, surface parking may be provided on the side of the building provided that it covers no more than 30% of the width of the lot. Surface parking shall be screened from public right-of-way by landscaping to effectively screen parking areas from the street. Surface parking shall be setback a minimum of six (6) feet from any property line of a less-intensive zoning district. Bicycle parking shall be provided for row houses, apartment buildings, small civic buildings, mixed-use buildings, live/work units, and prominent civic buildings with the following frontage types: common lawn, dooryard, front yard, terrace/light court, and forecourt. Bicycle parking for residential shall be one (1) space per dwelling unit. Bicycle parking for retail, office, and civic uses shall be twenty-five percent (25%) of the required parking spaces. The Downtown Review Board may recommend a reduction in required bicycle parking spaces when a public bicycle rack is located within one-hundred (100) feet of the primary building entrance. K. Landscaping And Screening. 1. A reasonable amount of landscaping is required with emphasis on softening the visual impact of parking areas and enhancing the overall appearance. Allowed species of trees may be placed in the public right-of-way at the discretion of the Director of Public Works with written approval. Specific street tree standards are noted in Appendix B: DDC Landscape Design Criteria.[2] All required trees shall follow recommendations of Great Trees for Blue Springs included in Appendix A-3 of the Comprehensive Plan. A minimum of one (1) small street tree per 25-feet of right-of-way frontage OR one (1) large street tree per 40-feet of right-of-way frontage is required. [2] Editor's Note: Appendix B, DDC Landscape Design Criteria is included as an attachment to this Chapter. 2. Each Certain frontage types have front yard planting requirements. Front yard plantings are a deciduous or evergreen shrub or tree planted between the frontage line and the facade of a building. Specific front yard planting standards are noted 14  in Appendix B: DDC Landscape Design Criteria. Required front yard plantings and frontage types are as follows: a. Dooryard: 6 front yard plantings b. Terrace/Light Court: 6 front yard plantings c. Forecourt: 15 front yard plantings d. Frontyard: 10 front yard plantings e. Common Lawn: 6 front yard plantings per unit The proposed amendments are scheduled to be presented to the Planning Commission on Monday, February 26, 2018 for their recommendation to the City Council. The amendments will be reviewed for consideration of approval by the City Council on Monday, March 5, 2018. 15