Development Advisory Commission

Development Advisory Commission Meeting Thursday May 2, 2019 9:00 a.m. City Hall Development Room 128 903 W Main Street Blue Springs, Missouri City of Blue Springs, Missouri  City Hall Development Room 128 903 W. Main Street DEVELOPMENT ADVISORY COMMISSION MEETING AGENDA Thursday, May 2, 2019 - 9:00 a.m. Commissioners please call 228-0207 if unable to attend 1 CALL TO ORDER A. Approval of February 1, 2019 meeting minutes 2 REVIEW OF PROJECT APPLICATIONS A. An Ordinance amending Title V (Building and Construction) of the Code of Ordinances, City of Blue Springs, Missouri, by adding Chapter 520, Erosion and Sediment Control, Sections 520.010, 520.020, 520.030, 520.040, and 520.050. B. An Ordinance amending various Sections and Subsections of Title IV, Chapters 401-411, Unified Development Code, of the Code of Ordinances of the City of Blue Springs to adopt regulations for the zoning, land use, and development standards related to Medical Marijuana Uses and Facilities. 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) Agenda posted at the following locations: City Hall, 903 W. Main Street City’s website http://www.bluespringsgov.com/AgendaCenter April 30, 2019 A quorum of the City Council may be in attendance however no City Council votes will be taken. Karen Findora, Administrative Assistant Community Development 05.02.2019 Page 1 of 1 kf  City of Blue Springs 903 Main Street Blue Springs, Missouri 64015 Development Advisory Commission MINUTES Friday, February 1, 2019 A meeting of the Development Advisory Commission of the City of Blue Springs was held in the Journagan Family Community Training Room located at 1100 SW Smith Street on Friday, February 1, 2019 with the following members and guests in attendance. MEMBERS Bob Frost Orion Berridge PRESENT Mitchell Peil, Chairman Bruce Reynolds STAFF / OTHERS Thomas Cole, Director, Community & Economic Development Mike Mallon, Assistant Director, Community & Economic Development Matt Wright, Senior Planner Nathan Jurey, Associate Planner Brad Stanton, Associate Planner Chris Sandie, Director, Public Works Jackie Sommer, City Attorney Kent Edmondson, Councilman – District 2 Karen Findora, Recording Secretary ABSENT Commissioner Chris White CALL TO ORDER / Chairman Mitchell Peil called the meeting to order at 9:00 a.m. APPROVAL OF MINUTES Chairman Peil welcomed two new Commissioners to the group; Commissioner Berridge and Commissioner Reynolds. CONSENT Chairman Mitchell Peil requested action on the Consent Agenda with a motion by AGENDA Commissioner Bob Frost, to approve the minutes for April 13, 2018, a second from Commissioner Bruce Reynolds and a unanimous vote, the Minutes of April 13, 2018, were approved as submitted. AGENDA ITEM 2A Chairman Peil opened Agenda Item 2A at 9:03 a.m. / ORDINANCE AMENDING Matt Wright, Senior Planner, stated that before the Commission are six (6) Code SECTIONS / Amendments that staff is proposing based on clean-up and updates with language to the 02.01.2019 kf Page 1 of 4 Ordinance Amending code. The first items are amendments to the Historical Overly District. This item will be Section 408.020: H-O, heard by the Historic Preservation Commission and they will make a recommendation to Historic Overlay the Planning Commission. District; Section 411.030: Use Groups Mr. Wright stated that the Historic Overlay District was created in 1986. The Historic and Description of District includes four properties, with a larger district generally between Main Street and Uses; Section Walnut and 15th to 19th Streets. These are the only areas that will be impacted with this 407.040: Site and proposed amendment unless there are additional Historic Districts or landmarks Landscape Design; established elsewhere, outside of downtown in the future. Section 405.020: Residential Building Mr. Wright stated that when the Historic District was established there was not a Type Standards; Downtown Zoning District, which was established in 2007. The Downtown Zoning Section 407.010: District allows accessory dwelling units by right and duplexes with Conditional Use Parking; Section Permits. Rather than repeating that in multiple sections of the code it’s easier to just take 402.030: Board of it out of the Historic Overlay because it’s already addressed in the underlying zoning Adjustment district. The City is recommending that bed and breakfast inns be allowed and to allow the QUESTIONS operator to live in the accessory dwelling on the same property. If there is a carriage home on the property, the owner can live in it and allow guests to stay in the main house. Mr. Wright stated that there are several land uses that are listed that are permitted with a Conditional Use Permit, but those were not defined in the code. The second amendment would be to amend Section 411.030, which includes description of uses in the code to define those uses. The arts and crafts studios, art galleries, antique shops, bed and breakfasts, and museums will be defined. Currently, the Historic Overlay District listed restaurants, which is fairy open-ended. Staff will discuss this with the HPC to see if they want to leave that open-ended and allow any kind of restaurant, or if they would like to further restrict the uses to only allow specialty restaurants. Commissioner Bob Frost would like to see that guests of a bed and breakfast could stay in either structure, whether it be the main or an accessory structure. Mr. Wright stated that the following sections also need to be amended. Section 407.040, Site and Landscape Design: D. Buffers, Screens and Fencing: completely remove landscape easement requirements for subdivisions, as Code requires landscape buffers to be in tracts. E. Installation, Maintenance and Replacement: add screening to this section. Section 405.020, Residential Building Type Standards: change the lot sizes for Detached House – Large Lot, Neighborhood Lot, as well as Duplex – Standard and Neighborhood Lot, which include a 1-ft. reduction in minimum lot widths for the two (2) detached house lots, and adjusts lot sizes, widths, and setbacks for duplex lots to allow them to be subdivided into individual lots/units. Section 402.030.2 Board of Adjustment: remove all references to “use variances.” 02.01.2019 kf Page 2 of 4  Section 407.010. Parking and Loading: the amendment will allow the Community Development Director and/or Planning Commission to allow a Schedule A or B Use to utilize the Schedule C parking study process. This provides for more flexibility. MOTION AGENDA ITEM 2A / ORDINANCE Commissioner Orion Berridge made a recommendation to approve the amendments as AMENDING submitted by staff. SECTIONS / Ordinance Amending Section 408.020: H-O, Historic Overlay District; Section 411.030: Use Groups and Description of Uses; Section 407.040: Site and Landscape Design; Section 405.020: Residential Building Type Standards; Section 407.010: Parking; Section 402.030: Board of Adjustment SECOND Commissioner Bruce Reynolds. VOTE Bob Frost – Aye Orion Berridge – Aye Bruce Reynolds – Aye Chris White – Absent Mitchell Peil, Chairman – Aye (APPROVED 4-Aye, 0-No) MOTION Commissioner Orion Berridge made a recommendation to approve the amendments to AGENDA ITEM 2A include that guests of a bed and breakfast can stay in the main and/or accessory structure. / ORDINANCE AMENDING SECTIONS SECOND Commissioner Bruce Reynolds. VOTE Bob Frost – Aye Orion Berridge – Aye Bruce Reynolds – Aye Chris White – Absent Mitchell Peil, Chairman – Aye (APPROVED 4-Aye, 0-No) OTHER BUSINESS With no further items to come before the Commission, a motion was made by ADJOURN Commissioner Orion Berridge and seconded by Commissioner Bruce Reynolds to adjourn at 10:03 a.m. Motion carried unanimously. 02.01.2019 kf Page 3 of 4  _______________________________ Respectfully Submitted by, Karen Findora, Recording Secretary ____________________________________________________________ Mitchell Peil, Chairman Date 02.01.2019 kf Page 4 of 4 DATE: April 30, 2019 TO: Development Advisory Commission FROM: Mike Mallon, Assistant Director, Community Development SUBJECT: Review of Regulations for Erosion Control The City currently has no building or development requirements in the Municipal Code, that apply to properties less than one acre in size, which regulate the transfer of mud, debris, or sediment from construction sites to adjacent properties and/or the City rights-of-way. Construction activity continues to be seen throughout the City and there exists the potential for negative impacts of such activity on adjacent properties which could result during times of heavy rain or snow. Consequently, City staff, at the direction of City Council, has researched other communities’ regulations regarding erosion and sediment control in order to provide for standards that would be enforced in the City. The intent of the standards is to require property owners, developers, builders or contractors to be responsible for preventing any erosion or transfer of sediment from their construction sites to adjacent properties. As such, Staff is proposing amendments to the Municipal Code, specifically to add a new Chapter, Chapter 520, to Title X Building and Construction, of the Code of Ordinances for the City. The proposed amendments to the Code are anticipated to be presented to the City Council on May 20, 2019. The proposed language is contained below: Chapter 520. Erosion and Sediment Control Section 520.010. Intent. This Chapter is enacted for the purpose of regulating the erosion and/or transfer of sediment between properties as a result of grading, construction, building or development activities on private property within the incorporated area of the city to property; to encourage certain Erosion and Sediment Control (ESC) standards and Best Management Practices (BMPs) to minimize erosion and prevent the movement of sediment and debris from construction sites to adjacent properties and/or the public rights-of-way; to avoid pollution of watercourses with nutrients, sediments, and other earthen materials generated on or caused by surface runoff on or across the permitted area; to ensure that the intended use of the graded site is consistent with the city subdivision and zoning codes, and related approvals and to protect property and the public welfare. This Chapter is not intended to regulate any existing or pre-existing drainage or runoff across or between already developed or improved properties that are not related to building, construction or development activities. Section 520.020. Scope and Applicability A. The regulations contained in this Chapter shall apply to all residential and non-residential construction sites that are greater than 300 square feet but less than 1 acre is size. B. For the purposes of this Chapter, the term “construction site” shall mean any lot or parcel of land or combination of contiguous lots or parcels of land, whether held separately or joined together in common ownership or occupancy, where grading is to be performed or has been performed for the purposes of site improvement activity, preparation, grading, stockpiling, development, building, assembly, erection, substantial repair, alteration or similar action, including demolition, for which a building permit is required under Chapter 500, as well as any grading or development activities that disturb land so as to cause the movement of sediment from one property to another as a result of the construction activity. C. For the purposes of this Chapter, Erosion means the wearing away and transportation of earth material as a result of the movement of wind, water, or ice. Section 520.030. Erosion and Sediment Control A. It shall be unlawful for a property owner, permit holder, or assigns to allow for the erosion or transfer of sediment and debris from a construction site to an adjacent property or the public right-of-way. B. The property owner and/or building permit holder of a construction site shall ensure that adequate ESC measures and BMPs are in place and functioning prior to and during all construction activities, until construction is complete. Section 520.040 Enforcement A. The Department of Codes Administration shall handle erosion control enforcement through the normal routine activities that include inspecting the site, communicating with the permit holder, contractor, developer, or owner, and issuing notices of non-compliance. 1. If erosion control measures are determined to be deficient in preventing the transfer of sediment from a construction site to an adjacent property and/or the public right of way the Codes Administrator or his designee may immediately discontinue all inspections for the site. 2. In addition to immediately discontinuing all inspections for the site, upon the Codes Administrator’s determination that erosion control measures are deficient, but not hazardous, the Codes Administrator shall notify the contractor, developer, or owner to take remedial action to correct the deficiencies within two (2) regular business days. If the deficiencies have not been corrected within two (2) regular business days, the Codes Administrator may: a. Issue a stop work order for the site; b. Remedy the deficiencies and bill the contractor, developer, or owner for the actual and administrative costs of remediation. If the contractor, developer, or 2  owner fails to reimburse the City for correcting the deficiencies, the Codes Administrator may withhold certificate(s) of occupancy, including temporary certificate(s) of occupancy, for all contractor, developer, or owner's properties; and pursue remedies as provided in this Code of Ordinances. B. Enforcement of tracking mud, debris, etc. 1. Any contractor, developer, or owner and/or his employees and/or subcontractors who deposit, spill, drop or track any dirt, earth, mud, rock, sand, shale, debris, rubbish or other material on any right of way shall immediately remove the material from the right of way. If the contractor, developer, or owner and/or his employees and/or subcontractors fail to immediately remove the dirt, earth, mud, rock, sand, shale, debris, rubbish or other material from the right-of-way, the Codes Administrator may take any or all of the following actions: a. Issue a stop work order b. Discontinue all inspections for any site contributing to the violation; c. Withhold certificate(s) of occupancy, including temporary certificates of occupancy(s), for any site contributing to the violation. C. If the notice of violation is not complied with, the Codes Administrator shall institute the appropriate proceeding pursuant to City ordinances and at law or in equity to punish, restrain, correct or abate such violation, All other violations of this Chapter may be forwarded to the City Prosecuting Attorney for consideration of filing charges. D. Any person who shall violate a provision of Chapter 520 or fail to comply therewith, or with any of the requirements thereof, in addition to any other remedy or action available to the City or Codes Administrator, shall be punished, upon conviction, pursuant to Section 100.080.C of the Blue Springs Code of Ordinances. Each day that a violation continues after due notice has been served shall be deemed a separate offense. E. The imposition of the penalties herein prescribed shall not preclude the Codes Administrator or legal officer of the jurisdiction from instituting appropriate action to restrain, correct or abate a violation, abate a violation pursuant to Sections 245.060 through 245.150 and 245.270 herein and this Chapter, or to prevent illegal occupancy of a building, structure or premises, or to stop an illegal act, conduct, business or utilization of the building, structure or premises. Section 520.050. Severability. If a Section, Subsection, sentence, clause or phrase of this Chapter is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this Chapter. 3 DATE: April 30, 2019 TO: Development Advisory Commission FROM: Mike Mallon, Assistant Director, Community Development SUBJECT: Proposed amendments to the Unified Development Code (UDC) to adopt regulations for the zoning, land use, and development standards related to medical marijuana uses and facilities On November 6, 2018 the voters of the State of Missouri approved Amendment 2 to the Constitution of the State of Missouri which purportedly legalizes medical marijuana within the State. The Missouri Department of Health and Senior Services has released Draft Rules to effectuate the provisions of Article XIV for medical marijuana uses and facilities. Under the timeline established by Article XIV, applicants seeking to open medical marijuana facilities may begin submitting applications to the DHSS on August 3, 2019. As part of that process, applications need to have locations of proposed facilities specified and must show compliance with any local regulations enacted in addition to the provisions of Article XIV. On January 7, 2019, City Council adopted a Resolution enacting an Administrative Delay in accepting or processing applications in the City related to medical marijuana, with the expectation that staff bring forward necessary amendments to the City Code in the 2nd Quarter of 2019 to comply with the timelines established by the DHSS. Article XIV of the Missouri Constitution identifies four types of Marijuana-related businesses: Cultivation Facility, Dispensary Facility, Infused Products Manufacturing Facility, and Testing Facility. The existing Unified Development Code (UDC) does not currently provide any regulations that allow for the sale, cultivation and distribution of medical marijuana in the City. As a first step, City staff has researched necessary changes to the UDC to regulate Medical Marijuana businesses for zoning, land uses and other development standards that are seeking to operate facilities in the City once authorized by the State, including: 1. The UDC needs to provide definitions for medical marijuana facilities and identify for zoning districts in which they may be permitted throughout the City. 2. Local governments may also establish a reduced separation distance from the 1,000-foot requirement in Article XIV from these facilities to schools, child day care centers, and churches.  3. In addition to the buffer requirements, local governments may enact other regulations regarding the time, place and manner in which medical marijuana facilities may operate in the City. Attached to this Memorandum is DRAFT language to amend various Sections of the UDC that staff believes are necessary and recommended to adopt regulations for the zoning, land use and development standards related to medical marijuana uses and facilities. The anticipated timeline for adopting UDC Amendments for medical marijuana uses is identified below: 1. Review by the Development Advisory Commission: May 2, 2019 2. Review by the Planning Commission: May 13, 2019 Public Hearing 3. Review by the City Council: May 20, 2019 Public Hearing 2  Section 1. Section 405.030-1 Land Use Table shall be amended as follows: 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 HI PLOS LI Uses Retail / Commercial Medical Marijuana   Dispensary Industrial Medical Marijuana Infused Products Manufacturing   Facility Medical Marijuana Testing   Facility Medical Marijuana   Cultivation Facility Section 2. That Section 411.030, Use Groups and Descriptions of Uses, shall be amended such that the following definition is added to Subsection 411.030.E, Retail/Commercial Use Group: MEDICAL MARIJUANA DISPENSARY – A facility licensed by the Missouri Department of Health and Senior Services, to acquire, store, sell, transport, and deliver marijuana, marijuana-infused products, and drug paraphernalia used to administer marijuana as provided for in this section to a Qualifying Patient, a Primary caregiver, another Medical Marijuana Dispensary Facility, a Medical Marijuana Testing Facility, or a Medical Marijuana-Infused Products Manufacturing Facility. . Section 3. That Section 411.030, Use Groups and Descriptions of Uses, shall be amended such that the following definitions are added to Subsection 411.030.H, Industrial Use Group. Or 411.030 G, Light Industrial/Craft Manufacturing Use Group. MEDICAL MARIJUANA CULTIVATION FACILITY – A facility licensed by the Missouri Department of Health and Senior Services to acquire, cultivate, process, store, transport, and sell marijuana to a Medical Marijuana Dispensary Facility, Medical Marijuana Testing Facility, or to a Medical Marijuana-Infused Products Manufacturing Facility. 3  MEDICAL MARIJUANA-INFUSED PRODUCTS MANUFACTURING FACILITY – A facility licensed by the Missouri Department of Health and Senior Services, to acquire, store, manufacture transport, and sell marijuana-infused products to a Medical Marijuana Dispensary Facility, a Medical Marijuana Testing Facility, or to another Medical Marijuana-Infused Products Manufacturing Facility. MEDICAL MARIJUANA TESTING FACILITY – A facility certified by the Missouri Department of Health and Senior Services, to acquire, test, certify, and transport marijuana. Section 8. That Section 405.050, Special Use Standards, shall be amended such that new Subsections 405.050.A.34, Medical Marijuana Dispensary Facility, 405.050.A.35, Medical Marijuana Cultivation Facility, 405.050.A.36, Medical Marijuana Testing Facility and 405.050.A.37, Medical Marijuana-infused Products Manufacturing Facility shall be added and shall read as follows: Section 405.050.A.34. Medical Marijuana Dispensary. Medical Marijuana Dispensaries shall be subject to the following standards and requirements. No building shall be constructed, altered, or used for a Medical Marijuana Dispensary without complying with the following regulations. a. Medical Marijuana Dispensary Facilities shall comply with Section 407.050 Operation and Performance. b. Buffer Requirement. No Medical Marijuana business shall be located within one thousand (1000) feet of an existing elementary or secondary school, licensed child day care center, or church. 1.In the case of a freestanding facility, the distance between the facility and the school, daycare, or church shall be measured from the external wall of the facility structure closest in proximity to the school, daycare, or church to the closest point of the property line of the school, daycare, or church. 2. In the case of a facility that is part of a larger structure, such as an office building or strip mall, the distance between the facility and the school, daycare, or church shall be measured from the property line of the school, daycare, or church to the facility’s entrance or exit closest in proximity to the school, daycare, or church. 3. Measurements shall be made along the shortest path between the demarcation points that can be traveled by foot. 4. For purposes of this section the term “church” shall be defined as is defined under 19 CSR 30-95.010 of the Missouri Constitution. c. Outdoor Operations or Storage Prohibited. All operations and all storage of materials, products, or equipment shall be within a fully enclosed building. No outdoor operations or storage shall be permitted. d. Onsite Usage Prohibited. No marijuana may be smoked, ingested, or otherwise consumed on the premises of a medical marijuana business. e. Hours of Operation. All medical marijuana businesses shall be closed to the public, no persons not employed by the business shall be on the premises, and 4  no sales or distribution of marijuana shall occur upon the premises or by delivery from the premises between the hours of 8:00 P.M. and 8:00 A.M. f. Display of Licenses Required. The medical marijuana license issued by the State of Missouri shall be displayed in an open and conspicuous place on the premises. g. Residential Dwelling Units Prohibited. No medical marijuana business shall be located in a building that contains a residence. h. Ventilation Required. All medical marijuana businesses shall install and operate a ventilation system that will prevent any odor of marijuana from leaving the premises of the business. No odors shall be detectable by a person with a normal sense of smell outside the boundary of the parcel on which the facility is located. i. Site Plan Review Required. A site plan meeting the requirements of this Title shall be submitted for review and approval subject to the procedures of Section 403.070. Site Plan and Design Review. The site plan shall include a description of the ventilation system to be used to contain odors within the building. j. All facilities shall comply with Video Surveillance requirements Section 610.300 or as otherwise determined by the State regulations. k. Architecture. Any new development, building addition or exterior renovation for a medical marijuana use or facilities shall comply with Section 407.090. Non- Residential Design Standards. Exterior building facades shall be designed with high-quality materials to be complementary with the characteristics of the surrounding area in a way that contributes to the establishment of a positive character for the area. Strategies to achieve this include, but are not limited to, using similar or better-quality and complementary materials, colors or design details and using similar or complementary building shapes and/or forms. Section 405.050.A.35. Medical Marijuana Cultivation Facility. Medical Marijuana Cultivation Facilities shall be subject to the following standards and requirements. No building shall be constructed, altered, or used for a Medical Marijuana Cultivation Facility without complying with the following regulations. a. Medical Marijuana Cultivation Facilities shall comply with Section 407.050 Operation and Performance. b. Buffer Requirement. No Medical Marijuana business shall be located within one thousand (1000) feet of an existing elementary or secondary school, licensed child day care center, or church. 1.In the case of a freestanding facility, the distance between the facility and the school, daycare, or church shall be measured from the external wall of the facility structure closest in proximity to the school, daycare, or church to the closest point of the property line of the school, daycare, or church. 2. In the case of a facility that is part of a larger structure, such as an office building or strip mall, the distance between the facility and the school, daycare, or church shall be measured from the property line of the school, daycare, or church to the facility’s entrance or exit closest in proximity to the school, daycare, or church. 5  3. Measurements shall be made along the shortest path between the demarcation points that can be traveled by foot. 4. For purposes of this section the term “church” shall be defined as is defined under 19 CSR 30-95.010 of the Missouri Constitution. c. Outdoor Operations or Storage Prohibited. All operations and all storage of materials, products, or equipment shall be within a fully enclosed building. No outdoor operations or storage shall be permitted. d. Onsite Usage Prohibited. No marijuana may be smoked, ingested, or otherwise consumed on the premises of a medical marijuana business. e. Hours of Operation. All medical marijuana businesses shall be closed to the public, no persons not employed by the business shall be on the premises, and no sales or distribution of marijuana shall occur upon the premises or by delivery from the premises between the hours of 8:00 P.M. and 8:00 A.M. f. Display of Licenses Required. The medical marijuana license issued by the State of Missouri shall be displayed in an open and conspicuous place on the premises. g. Residential Dwelling Units Prohibited. No medical marijuana business shall be located in a building that contains a residence. h. Ventilation Required. All medical marijuana businesses shall install and operate a ventilation system that will prevent any odor of marijuana from leaving the premises of the business. No odors shall be detectable by a person with a normal sense of smell outside the boundary of the parcel on which the facility is located. i. Site Plan Review Required. A site plan meeting the requirements of this Title shall be submitted for review and approval subject to the procedures of Section 403.070. Site Plan and Design Review. The site plan shall include a description of the ventilation system to be used to contain odors within the building. j. All facilities shall comply with Video Surveillance requirements Section 610.300 or as otherwise determined by the State regulations. k. Architecture. Any new development, building addition or exterior renovation for a medical marijuana use or facilities shall comply with Section 407.090. Non-Residential Design Standards. Exterior building facades shall be designed with high-quality materials to be complementary with the characteristics of the surrounding area in a way that contributes to the establishment of a positive character for the area. Strategies to achieve this include, but are not limited to, using similar or better-quality and complementary materials, colors or design details and using similar or complementary building shapes and/or forms. Section 405.050.A.36. Medical Marijuana Testing Facility. Medical Marijuana Testing Facilities shall be subject to the following standards and requirements. No building shall be constructed, altered, or used for a Medical Marijuana Testing Facility without complying with the following regulations. a. Medical Marijuana Testing Facilities shall comply with Section 407.050 Operation and Performance. 6 b. Buffer Requirement. No Medical Marijuana business shall be located within one thousand (1000) feet of an existing elementary or secondary school, licensed child day care center, or church. 1.In the case of a freestanding facility, the distance between the facility and the school, daycare, or church shall be measured from the external wall of the facility structure closest in proximity to the school, daycare, or church to the closest point of the property line of the school, daycare, or church. 2. In the case of a facility that is part of a larger structure, such as an office building or strip mall, the distance between the facility and the school, daycare, or church shall be measured from the property line of the school, daycare, or church to the facility’s entrance or exit closest in proximity to the school, daycare, or church. 3. Measurements shall be made along the shortest path between the demarcation points that can be traveled by foot. 4. For purposes of this section the term “church” shall be defined as is defined under 19 CSR 30-95.010 of the Missouri Constitution. c. Outdoor Operations or Storage Prohibited. All operations and all storage of materials, products, or equipment shall be within a fully enclosed building. No outdoor operations or storage shall be permitted. d. Onsite Usage Prohibited. No marijuana may be smoked, ingested, or otherwise consumed on the premises of a medical marijuana business. e. Hours of Operation. All medical marijuana businesses shall be closed to the public, no persons not employed by the business shall be on the premises, and no sales or distribution of marijuana shall occur upon the premises or by delivery from the premises between the hours of 8:00 P.M. and 8:00 A.M. f. Display of Licenses Required. The medical marijuana license issued by the State of Missouri shall be displayed in an open and conspicuous place on the premises. g. Residential Dwelling Units Prohibited. No medical marijuana business shall be located in a building that contains a residence. h. Ventilation Required. All medical marijuana businesses shall install and operate a ventilation system that will prevent any odor of marijuana from leaving the premises of the business. No odors shall be detectable by a person with a normal sense of smell outside the boundary of the parcel on which the facility is located. i. Site Plan Review Required. A site plan meeting the requirements of this Title shall be submitted for review and approval subject to the procedures of Section 403.070. Site Plan and Design Review. The site plan shall include a description of the ventilation system to be used to contain odors within the building. j. All facilities shall comply with Video Surveillance requirements Section 610.300 or as otherwise determined by the State regulations. k. Architecture. Any new development, building addition or exterior renovation for a medical marijuana use or facilities shall comply with Section 407.090. Non-Residential Design Standards. Exterior building facades shall be designed with high-quality materials to be complementary with the characteristics of the surrounding area in a way that contributes to the 7  establishment of a positive character for the area. Strategies to achieve this include, but are not limited to, using similar or better-quality and complementary materials, colors or design details and using similar or complementary building shapes and/or forms. Section 405.050.A.37 Medical Marijuana-infused Products Manufacturing Facility. Medical Marijuana-infused Products Manufacturing Facilities shall be subject to the following standards and requirements. No building shall be constructed, altered, or used for a Medical Marijuana-infused Products Manufacturing Facilities without complying with the following regulations, in addition to all applicable provisions of the UDC for the development and improvement of property. a. Medical Marijuana-infused Products Manufacturing Facilities shall comply with Section 407.050 Operation and Performance. b. Buffer Requirement. No Medical Marijuana business shall be located within one thousand (1000) feet of an existing elementary or secondary school, licensed child day care center, or church. 1.In the case of a freestanding facility, the distance between the facility and the school, daycare, or church shall be measured from the external wall of the facility structure closest in proximity to the school, daycare, or church to the closest point of the property line of the school, daycare, or church. 2. In the case of a facility that is part of a larger structure, such as an office building or strip mall, the distance between the facility and the school, daycare, or church shall be measured from the property line of the school, daycare, or church to the facility’s entrance or exit closest in proximity to the school, daycare, or church. 3. Measurements shall be made along the shortest path between the demarcation points that can be traveled by foot. 4. For purposes of this section the term “church” shall be defined as is defined under 19 CSR 30-95.010 of the Missouri Constitution. c. Outdoor Operations or Storage Prohibited. All operations and all storage of materials, products, or equipment shall be within a fully enclosed building. No outdoor operations or storage shall be permitted. d. Onsite Usage Prohibited. No marijuana may be smoked, ingested, or otherwise consumed on the premises of a medical marijuana business. e. Hours of Operation. All medical marijuana businesses shall be closed to the public, no persons not employed by the business shall be on the premises, and no sales or distribution of marijuana shall occur upon the premises or by delivery from the premises between the hours of 8:00 P.M. and 8:00 A.M. f. Display of Licenses Required. The medical marijuana license issued by the State of Missouri shall be displayed in an open and conspicuous place on the premises. g. Residential Dwelling Units Prohibited. No medical marijuana business shall be located in a building that contains a residence. h. Ventilation Required. All medical marijuana businesses shall install and operate a ventilation system that will prevent any odor of marijuana from leaving the premises of the business. No odors shall be detectable by a person 8  with a normal sense of smell outside the boundary of the parcel on which the facility is located. i. Site Plan Review Required. A site plan meeting the requirements of this Title shall be submitted for review and approval subject to the procedures of Section 403.070. Site Plan and Design Review. The site plan shall include a description of the ventilation system to be used to contain odors within the building. j. All facilities shall comply with Video Surveillance requirements Section 610.300 or as otherwise determined by the State regulations. k. Architecture. Any new development, building addition or exterior renovation for a medical marijuana use or facilities shall comply with Section 407.090. Non-Residential Design Standards. Exterior building facades shall be designed with high-quality materials to be complementary with the characteristics of the surrounding area in a way that contributes to the establishment of a positive character for the area. Strategies to achieve this include, but are not limited to, using similar or better-quality and complementary materials, colors or design details and using similar or complementary building shapes and/or forms. Section 405.050.A.38 Medical Marijuana Uses. Medical Marijuana Uses, including Dispensary, Testing Facilities, Marijuana-infused products manufacturing, and testing facilities shall be subject to the following standards and requirements. No building shall be constructed, altered, or used for a Medical Marijuana Use without complying with the following regulations. a. All Medical Marijuana Uses shall comply with Section 407.050 Operation and Performance. b. Buffer Requirement. No Medical Marijuana business shall be located within one thousand (1000) feet of an existing elementary or secondary school, licensed child day care center, or church. 1.In the case of a freestanding facility, the distance between the facility and the school, daycare, or church shall be measured from the external wall of the facility structure closest in proximity to the school, daycare, or church to the closest point of the property line of the school, daycare, or church. 2. In the case of a facility that is part of a larger structure, such as an office building or strip mall, the distance between the facility and the school, daycare, or church shall be measured from the property line of the school, daycare, or church to the facility’s entrance or exit closest in proximity to the school, daycare, or church. 3. Measurements shall be made along the shortest path between the demarcation points that can be traveled by foot. 4. For purposes of this section the term “church” shall be defined as is defined under 19 CSR 30-95.010 of the Missouri Constitution. c. Outdoor Operations or Storage Prohibited. All operations and all storage of materials, products, or equipment shall be within a fully enclosed building. No outdoor operations or storage shall be permitted. 9  d. Onsite Usage Prohibited. No marijuana may be smoked, ingested, or otherwise consumed on the premises of a medical marijuana business. e. Hours of Operation. All medical marijuana businesses shall be closed to the public, no persons not employed by the business shall be on the premises, and no sales or distribution of marijuana shall occur upon the premises or by delivery from the premises between the hours of 8:00 P.M. and 8:00 A.M. f. Display of Licenses Required. The medical marijuana license issued by the State of Missouri shall be displayed in an open and conspicuous place on the premises. g. Residential Dwelling Units Prohibited. No medical marijuana business shall be located in a building that contains a residence. h. Ventilation Required. All medical marijuana businesses shall install and operate a ventilation system that will prevent any odor of marijuana from leaving the premises of the business. No odors shall be detectable by a person with a normal sense of smell outside the boundary of the parcel on which the facility is located. i. Site Plan Review Required. A site plan meeting the requirements of this Title shall be submitted for review and approval subject to the procedures of Section 403.070. Site Plan and Design Review. The site plan shall include a description of the ventilation system to be used to contain odors within the building. j. All facilities shall comply with Video Surveillance requirements Section 610.300 or as otherwise determined by the State regulations. k. Architecture. Any new development, building addition or exterior renovation for a medical marijuana use or facilities shall comply with Section 407.090. Non-Residential Design Standards. Exterior building facades shall be designed with high-quality materials to be complementary with the characteristics of the surrounding area in a way that contributes to the establishment of a positive character for the area. Strategies to achieve this include, but are not limited to, using similar or better-quality and complementary materials, colors or design details and using similar or complementary building shapes and/or forms. Section 9. That Section 411.040 Glossary shall be amended such that new definitions are added and shall read as follows: MEDICAL MARIJUANA USE – The production, possession, delivery, distribution, transportation, or administration of marijuana or a marijuana-infused product, or drug paraphernalia used to administer marijuana or a marijuana-infused product, for the benefit of a Qualifying Patient to mitigate the symptoms or effects of the patient's qualifying medical condition. MARIJUANA - as defined in 19 CSR 30-95.010 Definitions of the state of Missouri Constitution. MARIJUANA-INFUSED PRODUCTS – Products that are infused with marijuana or an extract thereof and are intended for use or consumption other than by smoking, including, but not limited to edible products, ointments, tinctures and concentrates. 10 Section 11. That Section 404.200 ADP-O shall be amended as follows: Section 404.200. ADP-O, Adams Dairy Parkway Overlay District. B. Effect of Overlay District On Base District Regulations. The ADP-O District regulations apply in addition to the underlying (base) zoning district regulations to impose different development rules for properties within the Adams Dairy Parkway Corridor. In case of conflict between the ADP-O regulations of this Section and other regulations in this Development Code, the ADP-O regulations of this Section shall control. Where no special ADP-O regulation is stated, the regulations of the underlying base zoning shall control. 2.Non-residential zoning. Properties with the underlying zoning of NB, SO, GB, and LI shall comply with the following additional standards, except that Medical Marijuana Uses as defined in 411.030 and identified in the Land Use Table 405.030-1 shall not be classified as a Conditional uses subject to discretionary review in the ADP-O and shall be permitted per the Land Use Table and underlying zoning district. Section 12. 404.240.E, Downtown Development Code 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. Uses permitted in mixed-use and commercial building types. jj. Medical Marijuana Dispensary 11