Development Advisory Commission

City Hall Development Room 128 903 W. Main Street DEVELOPMENT ADVISORY COMMISSION MEETING AGENDA Wednesday, May 29, 2019 - 9:00 a.m. Commissioners please call 228-0207 if unable to attend 1 CALL TO ORDER A. Approval of May 2, 2019 meeting minutes 2 REVIEW OF PROJECT APPLICATIONS A. 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 Solar Energy Systems. 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 May 24, 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 05.29.2019 Page 1 of 1 kf  City of Blue Springs 903 Main Street Blue Springs, Missouri 64015 Development Advisory Commission MINUTES Thursday, May 2, 2019 A meeting of the Development Advisory Commission of the City of Blue Springs was held in City Hall Development Room 128 located at 903 W Main Street on Thursday, May 2, 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 Norman Gurney, Code Administrator Chris Sandie, Director, Public Works Jackie Sommer, City Attorney Galen Ericson, Councilmember Karen Findora, Recording Secretary ABSENT Commissioner Chris White CALL TO ORDER / Chairperson Mitchell Peil called the meeting to order at 9:00 a.m. APPROVAL OF MINUTES Chairperson Peil requested action on the Consent Agenda with a motion by Commissioner Bruce Reynolds, to approve the minutes for February 1, 2019, a second from Commissioner Bob Frost and a unanimous vote, the Minutes of February 1, 2019, were approved as submitted. AGENDA ITEM 2A Mike Mallon, Assistant Director, Community & Economic Development informed the / ORDINANCE Commission that there are two items on the agenda and staff would present them AMENDING separately. The first item is the potential adoption of an Ordinance pertaining to Erosion SECTIONS / and Sediment Control. If approved this Ordinance would be added to Chapter 520 of the Ordinance Amending Building Code. This regulation would apply to properties less than an acre in size, which Title V (Building & regulate the transfer of mud, debris and other sediment from construction sites to adjacent Construction) of the properties or right-of-way. Due to the amount of rain that the has taken place over the last Code of Ordinances, couple of years, staff and City Council have received complaints concerning the mud in 05.02.2019 kf Page 1 of 4 City of Blue Springs, the street and right-of-way. The City currently doesn’t have rules or regulations that Missouri, by adding would require the builder / owner to remove the mud, it is treated as a civil matter. Chapter 520, Erosion and Sediment Control Mr. Mallon stated that staff has put together regulations that would put in place measures Sections 520.010, that would require a developer, builder, or property owner to do what is necessary to 520.020, 520.030, prevent the erosion or transfer of sediment from their property on to an adjacent property 520.040, and 520.050 or the right-of-way. This amendment would pertain to properties less than an acre in size. The intent is for active construction sites. This will not pertain to existing properties already developed. This item doesn’t have to be heard by the Planning Commission but will be heard and voted on by the City Council on Monday, May 20, 2019. QUESTIONS Commissioner Berridge asked if staff has tracked the number of complaints. Mr. Mallon stated that it wouldn’t be a violation under the city’s current code, so it wouldn’t be tracked. Mr. Mallon stated that it has been a regular complaint with more rain that is received. Commission Berridge stated that most cities have an ordinance in place for this and was surprised that the City of Blue Springs didn’t. Commissioner Frost made it clear that the water that will be coming from the silt fence will not be crystal clear water and may have some small dusting debris. MOTION Commissioner Bruce Reynolds made a recommendation to approve the amendments as AGENDA ITEM 2A submitted by staff. / ORDINANCE AMENDING SECTIONS / Ordinance Amending Title V (Building & 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 SECOND Commissioner Orion Berridge. VOTE Bob Frost – Aye Orion Berridge – Aye Bruce Reynolds – Aye Chris White – Absent Mitchell Peil, Chairman – Aye (APPROVED 4-Aye, 0-No) AGENDA ITEM 2B / Mike Mallon, Assistant Director, Community & Economic Development stated that the ORDINANCE next item is to adopt the zoning, land use and development standards for medical AMENDING marijuana uses and facilities in the city. SECTIONS / 05.02.2019 kf Page 2 of 4 Ordinance Amending Mr. Mallon stated that the DAC’s vote will be considered a recommendation to the various Sections and Planning Commission on Monday, May 13th. The Planning Commission will then Subsections of Title recommend their vote to the City Council on Monday, May 20th. A Work Session was IV, Chapters 401-411, held with the City Council on Monday, April 29th to present some of the rules in a draft Unified Development form to get a sense of direction on how they would like staff to proceed. Code, of the Code of Ordinances of the City Mr. Mallon presented all of the suggested amendments and displayed the buffer map to of Blue Springs to the Commission. adopt regulations for the zoning, land use, and development standards related to Medical Marijuana Uses and Facilities QUESTIONS Commissioner Frost asked if the City has other buffer restrictions on businesses. Mr. Mallon stated that there are other uses in the Code that have buffer requirements such as liquor stores, tobacconists, adult business, body art, and payday loan stores. Mr. Mallon stated that the regulations will be posted under the Special Use Standards section of the code. A Special Use doesn’t require a Conditional Use Permit or additional level of review. The proposal is that all of these facilities be allowed by right in the zoning district. Allowed by right means, “if it meets all of the Code regulations and it meets the zoning district regulations the city has to approve it.” The Special Use Standards that staff has proposed applies to all of the medical marijuana dispensary, manufacturing, testing, and cultivation facilities. Variances will not be allowed at all. MOTION Commissioner Orion Berridge made a recommendation to approve the amendments as AGENDA ITEM 2B / submitted by staff. ORDINANCE AMENDING SECTIONS / 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 SECOND Commissioner Bruce Reynolds. 05.02.2019 kf Page 3 of 4 VOTE Bob Frost – Aye Orion Berridge – Aye Bruce Reynolds – Aye Chris White – Absent Mitchell Peil, Chairman – Aye (APPROVED 4-Aye, 0-No) OTHER BUSINESS None. ADJOURN With no further items to come before the Commission, a motion was made by Commissioner Bob Frost and seconded by Commissioner Bruce Reynolds to adjourn at 10:18 a.m. Motion carried unanimously. _______________________________ Respectfully Submitted by, Karen Findora, Recording Secretary ____________________________________________________________ Mitchell Peil, Chairperson Date 05.02.2019 kf Page 4 of 4 DATE: May 24, 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 solar energy systems The City currently has no development requirements in the Unified Development Code that specifically apply the installation of residential or commercial solar energy systems, solar collection devices or solar panels. To date, City staff, through an interpretation of the UDC, has allowed solar installations to be approved under the general provisions for ground-mounted or roof-mounted mechanical equipment, such has HVAC units. However, the nature of solar energy collection differs from other building equipment and many of the UDC requirements applicable to mechanical equipment may not be appropriate for solar collection, such as requirements for screening from view, which can negatively impact the access to sunlight. The intent of the standards is to allow for solar energy systems to be installed as accessory uses on residential and non-residential properties and to provide standards for their installation. Section 405.060.A 1. Residential accessory uses m. Solar energy system subject to Section 405.060(A)(8) mn.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. 2. Non-residential accessory uses. l. Solar energy systems subject to Section 405.060(A)(8) 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.  8. Solar energy systems. Solar energy systems shall be allowed as an accessory use in all residential and non-residential zoning districts subject to the following standards. a. Ground-mounted or freestanding solar collectors may not be located in the front yard. b. The area restrictions specified in Section 405.060(A)(3) do not apply to roof- mounted solar collectors. c. The commercial sale of converted solar energy is prohibited. No accessory solar collector shall be used as a commercial enterprise. d. Before any building permit may be issued for a solar collector, where it is to be interconnected with the local public utility company so that excess power produced by the solar collector can be fed into the utility lines, evidence of approval from the local utility company shall be submitted. e. Solar panels are exempt from all screening standards under 407.090(H). f. For a roof-mounted system installed on a sloped roof, the highest point of the system shall not exceed the highest point of the roof to which it is attached as allowed by setback requirements. g. For a roof-mounted system installed on a flat roof, the highest point of the system shall be permitted to exceed the district’s height limit of up to 10 feet above the rooftop to which it is attached. h. The requirements of this Section may be waived by the Director if it can be satisfactorily demonstrated that compliance with these regulations is impractical due to such issues as shading, building orientation, construction constraints or configuration of the parcel. Section 411.030 Use Groups and Description of Uses J. Supplemental Use Group. UTILITY - MAJOR Generating plants; electrical switching facilities and primary substations; solar farm; water and waste water treatment plants; water tanks; and similar facilities of agencies that are under public franchise or ownership to provide the public with electricity, gas, heat, steam, communication, rail transportation, water, sewage collection or other similar service. The term "utility" shall not be construed to include corporate or general offices; gas or oil processing; manufacturing facilities; postal facilities or other uses defined in this Section. Section 411.040 Glossary SOLAR ENERGY SYSTEM Any device used to collect solar energy and convert it to any other form of energy, including, without limitation, photovoltaics, flat plate concentrating devices, vacuum tubes and greenhouses. A solar collector does not include standard skylights or windows.