Development Advisory Commission

Development Advisory Commission Meeting Monday August 19, 2019 9:00 a.m. Development Conf. 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 Monday, August 19, 2019 -9:00 a.m. Commissioners please call 228-0207 if unable to attend 1 CALL TO ORDER A. Approval of May 29, 2019 & July 1, 2019 meeting minutes 2 REVIEW OF PROJECT APPLICATIONS A. Unified Development Code Text Amendment / UDCT-08-19-7028 / “An Ordinance amending sections 405.050.A.34, Medical Marijuana Dispensary; Section 405.050.A.35. Medical Marijuana Cultivation Facility; Section 405.050.A.36. Medical Marijuana Testing Facility; Section 405.050.A.37 Medical Marijuana-infused Products Manufacturing Facility; Section 405.050.A.38 Medical Marijuana Uses; and Section 405.050.A.39 Medical Marijuana Transportation Facility, OF THE Unified Development Code, of the Code of Ordinances of the City of Blue Springs to clarify the measurement methods and separation distances for medical marijuana facilities.” B. Unified Development Code Text Amendment / UDCT-08-19-7029 / “An Ordinance amending Section 404.240.M Downtown Development Code, of the Unified Development Code, of the Code of Ordinances of the City of Blue Springs to adopt an appeal process for decisions of the Downtown Review Board.” 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 August 15, 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 08.19.2019 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 asked if before a solar panel building permit is issued would it be possible to acquire HOA approval for those subdivisions that have active HOA’s. Mr. Mallon stated that yes staff can do that, but it’s not done with any other building permit. Mr. Mallon stated that the City leaves that up to the HOA to regulate the approval. The Deed Restrictions and Covenants is privately governed by the HOA and the state. Councilmember Ericson stated that it would be adventitious to HOAs to have some type of notice before residence start construction projects in their subdivision. Matt Wright stated that its difficult because staff never knows when an HOA has gone defunct. Mr. Mallon stated that staff could provide 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. Member 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 05.29.2019 kf Page 2 of 3  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. 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  City of Blue Springs 903 Main Street Blue Springs, Missouri 64015 Development Advisory Commission MINUTES Monday, July 1, 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 Monday, July 1, 2019 with the following members and guests in attendance. MEMBERS Bob Frost Orion Berridge PRESENT Bruce Reynolds Chris White Mitchell Peil, Chairman STAFF / OTHERS Thomas Cole, Director, Community & Economic Development Mike Mallon, Assistant Director, Community & Economic Development Matt Wright, Senior Planner Brad Stanton, Associate Planner Logan Sauers, Planning Intern Teresa Evans, Economic Development Chris Sandie, Director, Public Works Jackie Sommer, City Attorney Galen Ericson, Councilmember Liaison Karen Findora, Recording Secretary CALL TO ORDER / Chairperson Mitchell Peil called the meeting to order at 10:00 a.m. APPROVAL OF Chairperson Peil requested action on the Consent Agenda and the approval of the May MINUTES 29, 2019 meeting minutes. Councilmember Liaison Galen Ericson requested a change which will be made, and the meeting minutes will be voted on during the next DAC meeting. AGENDA ITEM 2A Mike Mallon, Assistant Director, Community & Economic Development informed the / ORDINANCE Commission that this will be the second set of amendments to Medical Marijuana since AMENDING the Department of Senior Services has adopted their final rules on May 29, 2019. There SECTIONS / UDCT- has been further request to amend Medical Marijuana to the Downtown area from the 06-19-6984 / Downtown Alive group as well. Ordinance Amending various Sections and 07.01.2019 kf Page 1 of 3 Subsections of Title Mr. Mallon stated that under Section 1. Section 405.030-1 Land Use Table staff is adding IV, Chapters 401-411, in a use titled, “Medical Marijuana Transportation Facility.” The zoning districts where Unified Development that will be allowed is in “RC” (Regional Commercial), “LI” (Light Industrial) and “HI” Code, of the Code of (High Industrial). The definition is as follows: Ordinances of the City of Blue Springs to MEDICAL MARIJUANA TRANSPORTATION FACILITY – A facility certified by the adopt regulations for Missouri Department of Health and Senior Services to transport marijuana to a qualifying the Zoning, Land Use, patient, a primary caregiver, a medical marijuana cultivation facility, a medical and Development marijuana-infused products manufacturing facility, a medical marijuana dispensary Standards related to facility, a medical marijuana testing facility, or another medical marijuana transportation Medical Marijuana facility. Uses and Facilities The other change is to allow Medical Marijuana Testing Facility as a permitted use in the QUESTIONS “GB” (General Business) Zoning District. There was an amendment at the City Council meeting to allow testing facilities in the “RC” (Regional Commercial) zone and to reduce the buffer to 300 feet. The other amendments are to Section 405.050, Special Use Standards. It 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. Amendment is stated in the staff report. The new rule for buffering for Transportation will be measured from the closest edge to the wall of the facility to the property line to the school, or the entrance of the school. Staff has a call into the state asking if that was done deliberately. The City intends to take the measurements as they are existing for the other facilities, but that will depend on what staff hears from the state. The final use that staff is adding is, “Medical Marijuana Warehouses.” If the warehouse is in a different location it must meet all the local zoning standards. Staff will not create another use for warehouses, it will be included with all other uses. An amendment to Section 405.050, Special Use Standards which will read that, “Exceptions to these standards may only be considered for approval through the Conditional Use Permit process under Section 403.060.” There will be no Variance request allowed at all. An amendment to Section 6 for the Downtown Development Code shall be amended to remove any buffer requirements for dispensary and testing facility uses. They may be located within a building that contains a residence as permitted in mixed-use buildings and live/work units. The final amendment would allow testing facilities as a permitted use in downtown. Commissioner Orion Berridge asked if staff had received any feedback on how this could affect businesses in the downtown district. Mr. Mallon stated that Downtown Alive had a board meeting to discuss Medical Marijuana and the City posted two public hearing notices in the Examiner as well as the Cities website. The Commission members requested a copy of the Downtown area map. Karen Findora, Liaison will e-mail the map to the Commissioners. 07.01.2019 kf Page 2 of 3  Councilmember Ericson had concerns on the definition of transportation facilities. He asked, “If it’s a semi-truck where are they going to park, what are the security requirements.” He stated that the 24-hour window isn’t defined very well. Mr. Mallon stated that staff will follow the states rules and interpretations on the buffering of transportation facilities. 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 the zoning, land use, and development standards related to Medical Marijuana Uses and Facilities SECOND Commissioner Bruce Reynolds. VOTE Bob Frost – No Orion Berridge – Aye Bruce Reynolds – Aye Chris White – Abstain Mitchell Peil, Chairperson – Aye (APPROVED 3-Aye, 1-No, 1-Abstain) OTHER BUSINESS Commissioner Frost questioned if a business or resident that already has solar panels up on their structures and they wanted to adjustment them, would they have to comply to the newly adopted code. Mr. Mallon stated that if they were to change 25% or more of the structure then they would have to bring it up to compliance. ADJOURN With no further items to come before the Commission, a motion was made by Commissioner Bruce Reynolds, and seconded by Commissioner Chris White, to adjourn at 10:57 a.m. Motion carried unanimously. _______________________________ Respectfully Submitted by, Karen Findora, Recording Secretary ____________________________________________________________ Mitchell Peil, Chairperson Date 07.01.2019 kf Page 3 of 3 DATE: August 19, 2019 TO: Development Advisory Commission FROM: Mike Mallon, Assistant Director, Community Development SUBJECT: Amendments to the Unified Development Code (UDC) to adopt further regulations related to Medical Marijuana facilities The City Council adopted Ordinance No. 4839 on July 15, 2019 with the intent to mirror the State of Missouri Department of Health and Senior Services’ Emergency Rules as published July 1, 2019. The approved Ordinance text did not contain the necessary language related to the measurement methods for instances in which schools, day care facilities, and churches are part of a larger structure such as an office building or a strip mall. As a result, the City needs to amend the UDC to provide for the further definition of how the separation distances are measured. The anticipated timeline for adopting this UDC Amendment is identified below: 1. Review by the Development Advisory Commission: August 19, 2019 2. Review by the Planning Commission: August 26, 2019 Public Hearing 3. Review by the City Council: September 4, 2019 Review by the City Council: September 4, 2019 Public Hearing The proposed UDC Text Amendment language is identified below, with the amended text being identified as underlined. 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. If the school, daycare, or church is part of a larger structure, such as an office  building or strip mall, the distance shall be measured to the entrance or exit of the school, daycare, or church closest in proximity to the facility. 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. If the school, daycare, or church is part of a larger structure, such as an office building or strip mall, the distance shall be measured to the entrance or exit of the school, daycare, or church closest in proximity to the facility. 3. Measurements shall be made along the shortest path between the demarcation points that can be lawfully 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. 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. If the school, daycare, or church is part of a larger structure, such as an office building or strip mall, the distance shall be measured to the entrance or exit of the school, daycare, or church closest in proximity to the facility. 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. If the school, daycare, or church is part of a larger structure, such as an office building or strip mall, the distance shall be measured to the entrance or exit of the school, daycare, or church closest in proximity to the facility. 3. Measurements shall be made along the shortest path between the demarcation points that can be lawfully 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. 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. 2  b. Buffer Requirement. No Medical Marijuana business shall be located within three hundred (300) 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. If the school, daycare, or church is part of a larger structure, such as an office building or strip mall, the distance shall be measured to the entrance or exit of the school, daycare, or church closest in proximity to the facility. 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. If the school, daycare, or church is part of a larger structure, such as an office building or strip mall, the distance shall be measured to the entrance or exit of the school, daycare, or church closest in proximity to the facility. 3. Measurements shall be made along the shortest path between the demarcation points that can be lawfully 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. 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. If the school, daycare, or church is part of a larger structure, such as an office building or strip mall, the distance shall be measured to the entrance or exit of the school, daycare, or church closest in proximity to the facility. 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. If the school, daycare, or church is part of a larger structure, such as an office building or strip mall, the distance shall be measured to the entrance or exit of the school, daycare, or church closest in proximity to the facility. 3  3. Measurements shall be made along the shortest path between the demarcation points that can be lawfully 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. . 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. If the school, daycare, or church is part of a larger structure, such as an office building or strip mall, the distance shall be measured to the entrance or exit of the school, daycare, or church closest in proximity to the facility. 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. If the school, daycare, or church is part of a larger structure, such as an office building or strip mall, the distance shall be measured to the entrance or exit of the school, daycare, or church closest in proximity to the facility. 3. Measurements shall be made along the shortest path between the demarcation points that can be lawfully 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. 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 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. If the school, daycare, or church is part of a larger structure, such as an office 4 building or strip mall, the distance shall be measured to the entrance or exit of the school, daycare, or church closest in proximity to the facility. 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. If the school, daycare, or church is part of a larger structure, such as an office building or strip mall, the distance shall be measured to the entrance or exit of the school, daycare, or church closest in proximity to the facility. 3. Measurements shall be made along the shortest path between the demarcation points that can be lawfully 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. 5 DATE: August 19, 2019 TO: Development Advisory Commission FROM: Mike Mallon, Assistant Director, Community Development SUBJECT: Amendments to the Unified Development Code (UDC) to adopt an appeals process for Downtown Review Board decisions The Downtown Development Code (DDC), Section 404.240 of the UDC, regulates the development of property and construction of certain structures in the Downtown Zoning District and outlines the process for applications to follow within the Downtown Zoning District. For proposed projects that comply with the DDC and UDC requirements, the DRB acts as the final decision-making body and either approves or denies the request. There is currently no process in place in the DDC that allows an appeal of a DRB decision. The proposed amendment would add a process by which a DRB decision can be appealed directly to the City Council. Attached to this Memorandum is DRAFT language to amend various DDC portion of the UDC. The anticipated timeline for adopting this UDC Amendment is identified below: 1. Review by the Downtown Review Board: August 12, 2019 – Voted unanimously to recommend approval of the UDC amendment. 2. Review by the Development Advisory Commission: August 19, 2019 3. Review by the Planning Commission: August 26, 2019 Public Hearing 4. Review by the City Council: September 4, 2019 Public Hearing Section 404.240. DDC, Downtown Development Code. M. Planned Zoning. This is a planned zoning district. Structures within the district are subject to approval of the Downtown Review Board (DRB) before the structure can proceed to the building permit review process. City staff and the DRB shall work expeditiously to ensure that construction will proceed in a timely manner. The DRB shall meet on an as-needed basis, based upon the submission of applications. Determination by the DRB shall be within fourteen (14) days after the initial review by the DRB. 1. Procedures. a. Process for allowed standards. Projects that meet the allowed standards established in this Section 404.240 shall utilize an expedited approval process as outlined in the following steps: (1) A completed application is submitted to Department of Community Development. (2) Application is reviewed by the DRB. (a) If application meets the allowed standards according to the DRB's review, then the application is approved and proceeds to the building permit (Chapter 500) stage. (b) If the application does not meet the allowed standards according to the DRB's review, then the application must be revised per the DRB's comments. (3) The applicant is allowed seven (7) days to revise its application. (4) The DRB shall review the completed revised application within seven (7) to verify that it meets the allowed standards. (5) Appeal of a Downtown Review Board decision. (a) The City Council shall serve as the appellate body for the Downtown Review Board. An appeal of a Downtown Review Board decision shall follow the same appeals process as outlined in Section 403.010.A.3.f. 2