Development Advisory Commission

Development Advisory Commission Meeting Friday April 13, 2018 9:00 a.m. Municipal Annex Conference Room 1304 W Main Street Blue Springs, Missouri City of Blue Springs, Missouri  Municipal Annex Conference Room 1304 W Main Street DEVELOPMENT ADVISORY COMMISSION MEETING AGENDA Friday, April 13, 2018 - 9:00 a.m. Commissioners please call 228-0207 if unable to attend 1 CALL TO ORDER A. Approval of February 16, 2018 meeting minutes 2 DISCUSSION & REVIEW OF CODE REVISIONS / UDCT-04-18-6342 A. Ordinance Amending Section 405.060: Accessory Uses; Section 411.030 Use Groups and Definitions; with regards to the above ground storage of flammable liquids; and Section 500.140: Storage of Flammable Liquids. 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) 04.13.2018 Page 1 of 1 kf  City of Blue Springs 903 Main Blue Springs, Missouri 64015 Development Advisory Commission MINUTES Friday, February 16, 2018 A regular meeting of the Development Advisory Commission of the City of Blue Springs was held in the Journagan Conf. Room located at 1100 SW Smith Street on Friday, February 16, 2018 with the following members, guests and staff in attendance: VOTING MEMBERS Joe Haney Bob Frost PRESENT Mitchell Peil, Chairman R.B. “Ben” Alexander OTHERS PRESENT Scott Allen, Director, Community Development Mike Mallon, Assistant Director, Community Development Matt Wright, Senior Planner Chris Sandie, Director, Public Works Jacqueline Sommer, City Attorney Susan Culpepper, Council Liaison Karen Findora, DAC Liaison, Recording Secretary John Plank, Resident Bob Campbell, Resident CALL TO ORDER Chairman Mitchell Peil called the meeting to order at 11:00 a.m. Scott Allen, Director of Community Development introduced the new Assistant Director of Community Development, Mike Mallon. 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 July 13, 2017, were approved as submitted. AGENDA ITEM 2 Scott Allen, Director, Community Development, stated that Agenda Item 2 REVIEW OF CODE includes thirteen (13) items, the second of which will be discussed following REVISIONS the other items, and the fifth which is information only. Agenda item 2 discussions are as follows: 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 (information only) f. Platting – Sec. 403.050 DAC Minutes – 02.16.2018 Page 1 of 5 kf  g. Drainage System – Sec. 406.050 h. Property Owners’ Associations – Sec. 406.080 i. Land Use Table – Sec. 405.030-1 j. Special Use Standards – Vehicle/Equipment Sales, Vehicle/Equipment Storage Yards, and Vehicle Repair (General) – Sec.405.050.19 k. Residential Building Type Standards – Sec. 405.020 l. Accessory Use – Sec. 405.060 m. Use Groups and Description – Sec. 411.030 Mr. Allen noted that staff has been utilizing Development Maintenance Agreements (DMAs) for several years to ensure long-term maintenance of infrastructure, and public and semi-public improvements within developments. He noted that Staff believes that the requirements within each Agreement can be better addressed through the UDC. This language can be added to the Final Plats to ensure that maintenance requirements remain with the land and future property owners, rather than with the developer. Staff recommends amending Section 403.050.G, which discusses Public Improvements or Performance Guarantees; removing verbiage regarding Development and Maintenance Agreements and adding verbiage regarding Property Owners’ Associations or Homeowners’ Associations (HOAs). This change would be from this point forward, and not retroactive to any existing subdivisions. Instead of having maintenance issues go through City Council for approval, the hearing officers of Associations would organize the administrative process. If the HOA is responsible for the upkeep and maintenance of the subdivision, the City can bill each homeowner for each project. Public Works would handle issues that are in their scope of work, such as stormwater detention, whereas Community Development would handle issues that involve shared open spaces, for example. The Final Plat would be the ultimate document because of this change, it would show who is in the HOA and who is not, eliminating the need for DMA signatures. The overall intent with this change is to urge property owners to keep their HOAs active going forward. Matt Wright, Senior Planner, introduced changes to Section 404.240; the Downtown Development Code. He noted that the Downtown Development Code was created in 2007 and it was copied over in the 2015 UDC. The first section is 404.240.E, which defines the uses that are permitted in the downtown zoning districts. Staff reviewed the uses present in this section of the code and found that they do not carry over to the new UDC. The new uses were redefined; such as “Retail Sales and Service” being split into intensity and size-based categories such as “Micro Commercial (<1,000s.f.)” and “Mid-Size Retail (3,000-12,000s.f.)”. Other sensible commercial uses were added, such as “Artisan/Micro-Manufacturing” and “Food Production- Limited”. The list of allowed uses with a Conditional Use Permit was also updated to contain the most sensible uses in the downtown zoning districts. He added that section headings regarding building types by zone were updated to be clearer to readers. There were also changes to the code regarding parking standards, primarily where parking can be located. Issues with single-family homes have been found pertaining to garages or parking facing the front of the lot. Updates to this section allow for this building type to allow garages facing the frontage in the rear yard. Downtown parking in DAC Minutes – 02.16.2018 Page 2 of 5 kf  some nearby suburban cities only exists in the rear of the building. Shallow lots with not enough parking spaces can be offset by side parking, if the parking lot does not cover more than 30% of the entire width of the lot. The 6-ft. parking setback from all property lines was modified to only apply when parking is adjacent to a less intensive zoning district. Bicycle parking will be required for certain building and frontage types throughout the district, but not in instances where the buildings have zero setbacks from the street. Buildings that are required to have a bike rack that are within 100-ft.of a bike rack previously installed by the City, may be granted an exception by the Downtown Review Board. The appendix regarding Landscaping was removed altogether, and replaced with general street tree requirements from the Comprehensive Plan. The street tree density in the downtown district is higher than other locations in the city, with one small tree per 25-ft. of frontage, or one large tree per 40-ft. of frontage; something consistent with the removed appendix. The five frontage types that have front yard planting requirements are now listed in this section, instead of in the appendix, as most of the frontage types did not require frontage planting. Mr. Allen indicated that Section 407.040.D.3.b has been adjusted to allow 8- ft. tall fences in multi-family districts, by changing the verbiage for 6-ft. fencing to only apply to “TF (Two-Family) and less intensive zoning districts”. Changes were made to have the finished side of fences only be required to face the public right-of-way, as opposed to also including other abutting residential uses. There will be no adjustment in the fence materials with this update. Mr. Allen noted that two uses, “Tobacconist” and “Body Art Service” were recommended to be added as conditional uses to “GB” (General Business) and “RC” (Regional Commercial) to impose regulations on per capita limits and location restrictions. Staff researched several nearby cities, and only Independence and Raytown have adopted use regulations for these uses. At the recommendation of the Public Safety Citizens’ Advisory Board, the proposed regulations were modeled off of the City of Independence. These uses have been imported into the City’s Land Use Table, with appropriate descriptions in Section 411.030. Mr. Wright stated that the “Vehicle Repair, General” use has been revised on the list of Industrial uses to be permitted through a Conditional Use Permit in “RC” (Regional Commercial) zoning, and only when accessory to a permitted “Outdoor Sales and Services – Equipment” use. All vehicle repair is required to be indoors and only as an accessory to the main business. Concerns regarding businesses bending the rules and performing vehicle repair as more than an accessory use can be addressed by conditions imposed through the Conditional Use Permit process. Mr. Wright noted that the side setbacks for the “Apartment – Complex” building type are a 10-ft. minimum, except 20% of the lot width in the “MF- 10” zoning district. Wider lots would require larger than needed setbacks, resulting in staff recommending a 20-ft. side setback when adjacent to a less intensive zoning district. DAC Minutes – 02.16.2018 Page 3 of 5 kf  Mr. Wright indicated that there was a lack of conformity for accessory building coverage in Section 405.060, therefore staff recommended making a revisions that all garages/carports and patios/porches, etc. cannot cover more than 10% of the total lot area of any given residential use (as opposed to the 5% maximum currently in place). He further clarified that the 10% includes all accessory structures combined, not just each singular structure meeting the 10% requirement. Accessory structure height, previously, would be capped at the height requirements of the underlying district. These changes cap the height of the accessory structure at 16-ft. or the height of the principal MOTION structure, whichever is less. Mr. Allen stated that 16-ft. is the norm in nearby cities, and would be a sensible fit for Blue Springs. Accessory structures include any detached structure separate from the principal structure. Building permits are required for any structure exceeding 250-sq. ft. Commissioner Ben Alexander made a motion to accept the UDC revisions SECOND presented by Staff, adding the amendments of the removal of Water District 13 from Subsection C of the revisions to Section 406.050, Drainage System; further specification of accessory uses by land use; and adding to the memo the revisions regarding completion of the relevant phase for the HOA to Subsection 2.A.3 to Section 403.050.G, Public Improvements Or Performance Guarantees, And Property Owners’ Associations or Homeowners’ Associations (as proposed to be amended). Seconded by Board Member Bob Frost. VOTE Joe Haney – Aye Bob Frost – Aye Mitchell Peil, Chairman – Aye Ben Alexander - Aye (APPROVED 4-Aye, 0-No) AGENDA ITEM 2 Mr. Allen noted that Staff had received a request for installation of an above CODE DISCUSSION ground fuel tank in a “LI” (Light Industrial) zoning district. A Code was put into place in 1984 to prohibit the storage of above-ground fuel tanks. Staff, with the assistance of the Mid-America Regional Council (MARC), received feedback from multiple cities on above-ground fuel tanks, which all regard these as accessory structures. Blue Springs is regulated under 2012 IFC standards that have minimum separation standards and operational requirements, however, these standards do not consider zoning, inspections, etc. Staff recommends consideration of the following provisions and their ramifications before any changes be made to the ordinance: 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? 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? DAC Minutes – 02.16.2018 Page 4 of 5 kf  Staff recommends that changes not be made to the ordinance, but rather that the matter be in discussion for potential adjustment in the future. OTHER BUSINESS Mr. Allen noted that he posed to other staff of eastern Jackson County cities regarding plans to adopt the 2018 ICC Building Code. From his understanding, other cities, including Kansas City, MO, are looking to incorporate the new code by this summer. The overarching goal is to match the other cities around Blue Springs in staying up-to-date with code and better streamline the development process. With no further discussion, a motion was made by Commissioner Bob Frost MEETING ADJOURN to adjourn at 12:27 p.m. Seconded by Commissioner Ben Alexander. _______________________________ Respectfully submitted by Karen Findora, Recording Secretary ____________________________________ __________________________ Mitchell Peil, Chairman Date DAC Minutes – 02.16.2018 Page 5 of 5 kf DATE: April 10, 2018 TO: Development Advisory Commission FROM: Mike Mallon, Acting Director, Community Development SUBJECT: Review of Regulations for Above Ground Fuel Tanks City Council has recently indicated a desire to loosen the existing regulations regarding above ground fuel tanks. As such, Staff is proposing amendments to the Municipal Code and the Unified Development Code (UDC), to allow for the installation of above ground fuel storage tanks, which are currently prohibited, except on a temporary basis. A Development Advisory Commission (DAC) meeting was held on February 16, 2018 to discuss possible modifications to the current complete prohibition on such tanks. The DAC did not recommend any changes to the current regulations at that time. Staff has researched several metro communities and found that many, including Lee’s Summit and Independence, allow for the installation of above ground fuel tanks in accordance with the provisions of the International Fire Code (IFC) for regulation. Both of the above cities have adopted local amendments to the IFC that only allow the above ground storage tanks in non- residentially zoned properties. Staff is proposing the following amendments to the Municipal Code and UDC to allow for the above ground storage of flammable liquids. Under the Municipal Code: a. Remove the language from Section 500.140 of the Municipal Code that prohibits above ground fuel storage tanks. b. Move the language from Chapter 500 that allows above ground fuel storage tanks on a temporary basis to Chapter 400. Under the Chapter 400, the UDC: 1. Add “Above ground tanks for the storage of flammable liquids” as a non-residential accessory use, under Section 405.060. 2. Provide regulations and a definition for above ground tanks for the storage of flammable liquids. a. Above ground tanks for the storage of flammable liquids will only be permitted as an accessory use to a principal industrial use.  b. Require the removal of any above ground tanks for the storage of flammable liquids on a property if the principal industrial use ceases for a period of 12 months. c. Include language previously under Section 500.140 to allow for temporary above ground tanks for the storage of flammable liquids. d. Require above ground tanks for the storage of flammable liquids to comply with all of the provisions of the IFC currently adopted by the City. e. Add a definition for “above ground tanks for the storage of flammable liquids” clarify that the new Code amendments apply to Class 1, Class 2, and Class 3A flammable liquids, which include gasoline and diesel fuels. The International Fire Code (IFC) provides basic minimum separation standards and operational requirements. The 2012 IFC standards, under which Blue Springs is currently regulated are listed below: 2 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. The proposed amendments to the UDC and Municipal Code are outlined on the included attached language (Attachment 1). 3  Attachment 1: Code Amendments - Above ground tanks for the storage of flammable liquids Section 405.060. Accessory Uses. A. Permitted uses and approved conditional uses shall be deemed to include accessory uses and activities that are necessarily and customarily associated with, and appropriate, incidental, and subordinate to the principal uses allowed in zoning districts. Accessory uses and activities shall be subject to the same regulations as apply to principal uses in each district, unless otherwise stated in this Development Code. 2. Non-residential accessory uses. Non-residential uses shall include, but not be limited to, the following accessory uses, activities and structures: a. Cafeterias, dining halls and similar food services when operated primarily for the convenience of employees, residents, clients or visitors to the principal use; b. Dwelling units, other than mobile homes, when used or intended to be used for security or maintenance personnel; c. Fences and walls, subject to Section 407.040; d. Gates and guard houses; e. Offices for allowed business and industrial uses when the office is located on the same site as the principal use; f. Parking garages and off-street parking areas; g. Radio and television receiving antennas which only receive and do not transmit, and support structures, subject to the partial height exemption of Section 411.020(H)(3)(e); h. Restaurants, newsstands, gift shops, specialty shops associated with the use, swimming pools, tennis courts, clubs and lounges when in a permitted hotel, motel or office building or a parks and recreation location or facility, government service, religious assembly or golf course use; i. Sales of goods produced as a part of allowed industrial activities when on the same site as the principal industrial use; j. Recycling collection stations, subject to Section 405.050(A)(22); k. The storage of merchandise when located within the same building as the principal business; and l. Above ground tanks for the storage of flammable liquids, subject to Section 405.060(A)(7) ml. 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. 7. Above Ground Tanks for the Storage of Flammable Liquids. The above ground storage of flammable liquids shall be allowed as an accessory use to only those principal uses listed under Section 411.030(H) Industrial Use Group in accordance with the following standards.  a. Termination of Use. If the principal industrial use ceases for any reason for a period of more than twelve (12) consecutive months (except where government action causes such cessation), the above ground storage tanks use shall be terminated. b. Temporary. Above ground storage tanks 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 one hundred eighty (180) days. c. Location and Size. Above ground storage tanks shall be in accordance with Section 5704.2 of the current International Fire Code adopted by the City. Section 411.030 Use Groups and Description of Uses H. Industrial Use Group. This use group provides the handling or production of noxious, offensive or dangerous materials, where things are done at a large scale or which have potential negative impacts on adjacent property through noise, vibration, smoke or fumes, outdoor operation or storage of materials and equipment, and frequent or commercial and larger truck access. Above ground tanks for the storage of flammable liquids A self-contained, above ground facility or tank structure for the storage of Class 1, Class 2, and Class 3A Flammable Liquids as defined by the International Fire Code adopted by the City. 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  PUBLIC NOTICE Unified Development Code Text Amendment UDCT-04-18-6342 An Ordinance Amending Section 405.060: Accessory Uses; and Section 411.030 Use Groups and Definitions; with regards to the above ground storage of flammable liquids. Notice is hereby given that a public hearing will be held by the Planning Commission of the City of Blue Springs on Monday, April 23, 2018 at 6:30 p.m. in the Howard L. Brown Public Safety Building located at 1100 SW Smith Street, 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, May 7, 2018, at 6:00 p.m. in 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, April 7, 2018 4/5/18 - E-Mailed to the Examiner – (Kathy Jones) - (kathy.jones@examiner.net) Page 1 of 1