Development Advisory Commission

City Hall Development Room 128 903 W. Main Street DEVELOPMENT ADVISORY COMMISSION MEETING AGENDA Thursday, June 27, 2019 - 9:00 a.m. Commissioners please call 228-0207 if unable to attend 1 CALL TO ORDER A. Approval of May 29, 2019 meeting minutes 2 REVIEW OF PROJECT APPLICATIONS A. Unified Development Code Text Amendments / UDCT-06-19-6984 / 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 additional 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 June 26, 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 06.27.2019 Page 1 of 1 kf  City of Blue Springs 903 Main Street Blue Springs, Missouri 64015 Development Advisory Commission MINUTES Wednesday, May 29, 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 Wednesday, May 29, 2019 with the following members and guests in attendance. MEMBERS Bob Frost Orion Berridge PRESENT Mitchell Peil, Chairman Chris White STAFF / OTHERS Thomas Cole, Director, Community & Economic Development Mike Mallon, Assistant Director, Community & Economic Development Matt Wright, Senior Planner Nathan Jurey, Senior Planner Brad Stanton, Associate Planner Logan Souers, Planning Intern Norman Gurney, Code Administrator Chris Sandie, Director, Public Works Jackie Sommer, City Attorney Galen Ericson, Councilmember Karen Findora, Recording Secretary ABSENT Commissioner Bruce Reynolds CALL TO ORDER / Chairperson Mitchell Peil called the meeting to order at 9:16 a.m. APPROVAL OF MINUTES Chairperson Peil requested action on the Consent Agenda with a motion by Commissioner Bob Frost, to approve the minutes for May 2, 2019, a second from Commissioner Chris White, and a unanimous vote, the Minutes of May 2, 2019, were approved as submitted. AGENDA ITEM 2A Mike Mallon, Assistant Director, Community & Economic Development informed the / ORDINANCE Commission that the City currently has no development requirements in the Unified AMENDING Development Code that specifically apply the installation of residential or commercial SECTIONS / solar energy systems, solar collection devices or solar panels. To date, City staff, through Ordinance Amending an interpretation of the UDC, has allowed solar installations to be approved under the 05.29.2019 kf Page 1 of 3 Various Sections and general provisions for ground-mounted or roof-mounted mechanical equipment, such has Subsections of Title HVAC units. However, the nature of solar energy collection differs from other building IV, Chapters 401-411, equipment and many of the UDC requirements applicable to mechanical equipment may Unified Development not be appropriate for solar collection, such as requirements for screening from view, Code, of the Code of which can negatively impact the access to sunlight. The intent of the standards is to allow Ordinances of the City for solar energy systems to be installed as accessory uses on residential and non- of Blue Springs to residential properties and to provide standards for their installation. adopt regulations for Solar Energy Systems Mr. Mallon ran thru the proposed draft language with the Commission. QUESTIONS Councilmember Ericson questioned having HOA approval for the residential solar permits. He is concerned that people will add the solar panels without HOA approval. Mr. Mallon stated that the City doesn’t regulate the HOA, the State of Missouri does. Mr. Mallon stated that staff could provide notice to the builders and could include on the building permit that the applicant check with their HOA before submittal. Board Member Orion Berridge would prefer not to include this requirement in the Code. He also suggested that the City add it to literature that the owner needs to check in with their HOA before permit issuance. Mr. Berridge stated that this will help leave the City out of a possible litigation. Board Member Bob Frost questioned the possibly of advertising on a solar panels. Nathan Jurey, Senior Planner stated that it would have to meet the Sign Code. MOTION Commissioner Orion Berridge made a recommendation to approve the amendments as AGENDA ITEM 2A 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 Solar Energy Systems SECOND Commissioner Chris White. VOTE Bob Frost – Aye Orion Berridge – Aye Bruce Reynolds – Absent Chris White – Aye Mitchell Peil, Chairperson – Aye (APPROVED 4-Aye, 0-No) OTHER BUSINESS This item will move on to the Planning Commission Monday, June 10th and the City Council on June 17th. 05.29.2019 kf Page 2 of 3 ADJOURN With no further items to come before the Commission, a motion was made by Commissioner Bob Frost, and seconded by Commissioner Chris White, to adjourn at a.m. Motion carried unanimously. _______________________________ Respectfully Submitted by, Karen Findora, Recording Secretary ____________________________________________________________ Mitchell Peil, Chairperson Date 05.29.2019 kf Page 3 of 3 DATE: June 25, 2019 TO: Development Advisory Commission FROM: Mike Mallon, Assistant Director, Community Development SUBJECT: Additional 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 The City adopted UDC Amendments for Medical Marijuana on May 20, 2019 and June 3, 2019, prior to the Department of Health and Senior Services (DHSS) releasing the final rules for medical marijuana operations in the State. As a result, the City needs to adopt additional amendments to the UDC to align with the final rules put forth by the DHSS. In addition, subsequent input from City Council and other community groups has incorporated into this latest set of UDC Amendments to regulate medical marijuana in the City. Attached to this Memorandum is DRAFT language to amend various Sections of the UDC. The anticipated timeline for adopting UDC Amendments for medical marijuana uses is identified below: 1. Review by the Development Advisory Commission: June 27, 2019 2. Review by the Planning Commission: July 8, 2019 Public Hearing 3. Review by the City Council: July 15, 2019 Public Hearing  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 Industrial Medical Marijuana    Transportation Facility Medical Marijuana Testing     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. MEDICAL MARIJUANA TRANSPORTATION FACILITY – A facility certified by the Missouri Department of Health and Senior Services to transport marijuana to a qualifying patient, a primary caregiver, a medical marijuana cultivation facility, a medical marijuana-infused products manufacturing facility, a medical marijuana dispensary facility, a medical marijuana testing facility, or another medical marijuana transportation facility. Section 4. That Section 405.050, Special Use Standards, shall be amended such that Subsection 405.050.A be amended and read as follows: A. The special use standards of this Section shall apply to permitted, conditional and accessory uses, as noted. Exceptions to these standards may only be considered for approval through the Conditional Use Permit process under Section 403.060 , if the city, at its' sole discretion, determines that sufficient evidence exists demonstrating that the exceptions to the standards are warranted due to unique physical or operational aspects of the use, and that strict application of these Special Use Standards is inappropriate or impractical for a certain use in a specific situation and would create unforeseen practical  difficulties for the property owner, and there will be no ill effects detrimental to the public health, safety, welfare, or public interest. Section 5. That Section 405.050, Special Use Standards, shall be amended such that Subsection 405.050.A.38, Medical Marijuana Uses, be amended and new Subsections 405.050.A.39, Medical Marijuana Transportation Facility and 405.050.A.40 Medical Marijuana Warehouses shall be added and shall read as follows: Section 405.050.A.38 Medical Marijuana Uses. Medical Marijuana Uses, not including Transportation Facilities, Dispensary, Testing Facilities, Marijuana-infused products manufacturing, and Cultivation 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. 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 8:00P.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 2  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.39 Medical Marijuana Transportation Facility. Medical Marijuana Transportation 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 property line of the facility 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 3  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.40 Medical Marijuana Warehouses. Medical Marijuana Warehouses as described under 19 CSR 30-195.040 RsMO shall be subject to the same standards as the associated Medical Marijuana Use listed in Section 405.050.A. All warehouses associated with Medical Marijuana Uses are subject to the zoning requirements as listed in the Table 405.030-1 Use Table and permitted only in Storage - residential warehouse and Storage - warehouse/wholesale uses. Section 4. That Section 404.240.E Downtown Development Code shall be amended as follows: 404.240. Downtown Development Code D. Performance Standards. The intent of the DDC is to allow for a mixture of uses, often adjacent to or very close to each other. Issues of noise, trash and operational hours are to be closely coordinated. Specific standards include: 1. Businesses providing drive-up services shall not have a drive-through lane or window that abuts or faces a public street. 2. Outdoor eating areas for bars, taverns or restaurants are allowed on the public sidewalk in zones T4 and T5 where the paved sidewalk is a minimum of ten (10) feet 4  wide and the location is approved by the Director of Public Works. A minimum clear sidewalk width meeting ADA requirements shall be provided and maintained in an unobstructed condition. 3. Medical Marijuana a. Buffer Requirement. Medical Marijuana Dispensary and Testing Facility uses are exempt from the buffer requirements, as listed in 405.050.A.34 and 36, to an existing elementary or secondary school, licensed child day care center, or church. b. Medical Marijuana Dispensary and Testing Facility Uses may be located within a building that contains a residence as permitted in mixed-use buildings and live/work units. 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. kk. Medical Marijuana Testing Facility 5