Development Advisory Commission

Development Advisory Commission Meeting Friday October 4, 2019 9:00 a.m. Development Conf. Room 128 903 W Main Street Blue Springs, Missouri City of Blue Springs, Missouri  City Hall – Room 128 (Development Conf. Room) 903 W. Main St. DEVELOPMENT ADVISORY COMMISSION MEETING AGENDA Friday, October 4, 2019 - 9:00 a.m. Board Members please call 228-0207 if unable to attend 1 CALL TO ORDER A. Approval of August 19, 2019 meeting minutes 2 REVIEW OF PROJECT APPLICATIONS A. UDC Text Amendments 1. UDCT-09-19-7081 An Ordinance amending various Sections and Subsections of Title IV, Chapter 401-411, Unified Development Code, of the Code of Ordinances of the City of Blue Springs to amend and adopt regulations related to development procedures, regulations, and standards. 2. UDCT-09-19-7088 An Ordinance amending various Sections and Subsections of Title IV, Chapter 401-411, Unified Development Code, of the Code of Ordinances of the City of Blue Springs to amend and adopt regulations related to short term loan establishments and tobacconists. 3. UDCT-09-19-7089 An Ordinance amending Title IV, Chapter 403 Development Review Procedures, Section 403.120 Occupancy Certificates, Unified Development Code, of the Code of Ordinances of the City of Blue Springs to amend and adopt regulations related to building inspections. 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) 02.01.2019 Page 1 of 1 kf  City of Blue Springs 903 Main Street Blue Springs, Missouri 64015 Development Advisory Commission MINUTES Monday, August 19, 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, August 19, 2019 with the following members and guests in attendance. MEMBERS Bob Frost Orion Berridge PRESENT Mitchell Peil, Chairman STAFF / OTHERS Thomas Cole, Director, Community & Economic Development Mike Mallon, Assistant Director, Community & Economic Development Jackie Sommer, City Attorney Galen Ericson, Councilmember Liaison Dist. 1 Karen Findora, Recording Secretary ABSENT Board Member Chris White Board Member Bruce Reynolds CALL TO ORDER / Chairperson Mitchell Peil called the meeting to order at 9:02 a.m. APPROVAL OF Chairperson Peil requested action on the Consent Agenda and the approval of the May MINUTES 29, 2019 & July 1, 2019 meeting minutes. Board Member Bob Frost moved to approve the May 29th and July 1st meeting minutes. Seconded by Board Member Orion Berridge. AGENDA ITEM 2A / Mike Mallon, Assistant Director, Community Development, stated that this Ordinance ORDINANCE Amendment is a type of clean up. The last set of amendments that were approved by the AMENDING City Council were the response to the states adopted final rules. At that time critical text SECTION / UDCT- was inadvertently left out. This relates to how the distances are measured between the 08-19-7028 / “An medical marijuana facility and the schools, churches and daycares. Ordinance amending sections 405.050.A.34, There are a total of three amendments. Staff proposes to add the following sentence to Medical Marijuana Medical Marijuana Dispensary Section 405.050.A.34 1-2-3, Cultivation Facility Section Dispensary; Section 405.050.A.35 1-2-3, and Testing Facility Sections 405.050.A.36 1-2-3. “If the school, 405.050.A.35. Medical daycare, or church is part of a larger structure, such as an office building or strip mall, the Marijuana Cultivation 08.19.2019 kf Page 1 of 4 Facility; Section distance shall be measured to the entrance or exit of the school, daycare, or church closest 405.050.A.36. Medical in proximity to the facility.” Marijuana Testing Facility; Section The next amendment is to add the word, “lawfully” to number 3 in all Sections. It would 405.050.A.37 Medical read as follows, “Measurements shall be made along the shortest path between the Marijuana-infused demarcation points that can be lawfully traveled by foot.” The intent of this is so that Products people don’t trespass or cross property they shouldn’t be crossing in order to make the Manufacturing distance shorter. Lawfully traveled by foot is usually streets, sidewalks and access Facility; Section easements. 405.050.A.38 Medical Marijuana Uses; and Mr. Mallon stated that part of the application process is that the applicant must supply a Section 405.050.A.39 map to the state outlining the walking path. The applicant must show that they meet the Medical Marijuana 1,000 feet buffer requirement. The City is staying out of the process of suppling the Transportation applicant with a map because the City doesn’t want to assert that they know where all the Facility, OF THE churches, schools and daycares are. Unified Development Code, of the Code of This amendment will be heard by the Planning Commission on Monday, August 26th and Ordinances of the City City Council on Wednesday, September 4th . of Blue Springs to clarify the measurement methods and separation distances for medical marijuana facilities.” MOTION Commissioner Orion Berridge made a recommendation to approve UDC Text AGENDA ITEM 2A Amendment / UDCT-08-19-7028. ORDINANCE AMENDING SECTION / 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 08.19.2019 kf Page 2 of 4 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.” SECOND Commissioner Bob Frost. VOTE Bob Frost – Aye Orion Berridge – Aye Bruce Reynolds – Absent Chris White – Absent Mitchell Peil, Chairperson – Aye (APPROVED 3-Aye, 0-No) AGENDA ITEM 2B / Mike Mallon, Assistant Director, Community Development, stated that currently the ORDINANCE Downtown Review Board doesn’t have an appeal process and this UDC Text Amendment AMENDING would provide that. The DRB is the final decision-making body and this amendment SECTION / UDCT- would allow the applicant to appeal the decision to the City Council. 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.” MOTION Commissioner Bob Frost made a recommendation to approve UDC Text Amendment / AGENDA ITEM 2A UDCT-08-19-7029. ORDINANCE AMENDING SECTION / UDCT- 08-19-7029 / “An Ordinance amending Section 404.240.M Downtown Development Code, of the Unified Development Code, of 08.19.2019 kf Page 3 of 4 the Code of Ordinances of the City of Blue Springs to adopt an appeal process for decisions of the Downtown Review Board.” SECOND Commissioner Orion Berridge. VOTE Bob Frost – Aye Orion Berridge – Aye Bruce Reynolds – Absent Chris White – Absent Mitchell Peil, Chairperson – Aye (APPROVED 3-Aye, 0-No) OTHER BUSINESS Mr. Mallon stated that there will be more text amendments coming up in October with a September DAC meeting date. There is also a state law that was adopted in May 2019 that is going into effect August 28th of this year regarding inspection of building permits and the availability to have a third-party inspection. Whomever draws and seals the plans can now inspect certain aspects of the plan. There is also a provision as to when a Certificate of Occupancy can be issued. ADJOURN With no further items to come before the Commission, a motion was made by Commissioner Bob Frost, and seconded by Commissioner Orion Berridge, to adjourn at 9:25 a.m. Motion carried unanimously. _______________________________ Respectfully Submitted by, Karen Findora, Recording Secretary ____________________________________________________________ Mitchell Peil, Chairperson Date 08.19.2019 kf Page 4 of 4 DATE: October 2, 2019 TO: Development Advisory Commission FROM: Mike Mallon, Assistant Director, Community Development SUBJECT: Amendments to the Unified Development Code (UDC) to: 1. UDCT-09-19-7081 An Ordinance amending various Sections and Subsections of Title IV, Chapter 401-411, Unified Development Code, of the Code of Ordinances of the City of Blue Springs to amend and adopt regulations related to development procedures, regulations, and standards. 2. UDCT-09-19-7088 An Ordinance amending various Sections and Subsections of Title IV, Chapter 401-411, Unified Development Code, of the Code of Ordinances of the City of Blue Springs to amend and adopt regulations related to short term loan establishments and tobacconists. 3. UDCT-09-19-7089 An Ordinance amending Title IV, Chapter 403 Development Review Procedures, Section 403.120 Occupancy Certificates, Unified Development Code, of the Code of Ordinances of the City of Blue Springs to amend and adopt regulations related to building inspections. The proposed amendments are scheduled to be presented to the Planning Commission on Monday, October 14, 2019 for their recommendation to the City Council on Monday October 21, 2019. Below is a list of proposed changes to the UDC including “maintenance” changes that are intended to correct errors and/or to make the UDC easier to understand and implement, as well as specific City Council requested UDC changes and finally, changes that are necessary due to newly adopted State Statutes. The current UDC was adopted by the City Council in August of 2015 and became effective in October of 2015. 1. UDCT-09-19-7081 An Ordinance amending various Sections and Subsections of Title IV, Chapter 401-411, Unified Development Code, of the Code of Ordinances of the City of Blue Springs to amend and adopt regulations related to development procedures, regulations, and standards. 1. Section 403.160. Alternative development standards. (a)Purpose. The purpose of this Section is to help streamline the City’s Development Review Process by allowing development applications that would typically require a Variance application in order to deviate from the regulations contained within this UDC to be reviewed and approved at the same time and concurrently with a development application that requires Planning Commission and/or City Council review and approval. Alternative Development Standards may only be modified by the Planning Commission or City Council through the Development Review Process in conjunction with specific development application, including Platting, Conditional Use Permits, and Site Plan and Design Review, to allow development on property that would otherwise not be achievable without the alternative development standards. Alternative Development Standards are not intended to replace the variance process for developed properties not engaged in the development review process or replace the process and reasons for applications for Planned Developments. (b)Applicability. A request for Alternative Development Standards may propose a development project and/or development plan that deviates from, modifies or waives one (1) or more of the applicable regulations, restrictions or standards of the UDC. (1) Eligible alternative development standards. a. The zoning district regulations for any zoning district defined in the Unified Development Code including the property development standards and supplemental standards applicable thereto; b. The special use standards of Chapter 405 hereof; c. The accessory use development standards of Chapter 405 hereof; d. The subdivision design and improvement standards of Chapter 406 hereof; e. The general development standards of Chapter 407 hereof; and (2) In the event Alternative development standards are approved for a project, the alternative development standard shall control and the use, development or structure once constructed, shall be considered to be conforming with the provisions of this UDC. However, if an alternative development standard is granted for a certain standard, any future change to that same standard that is not in conformance with the requirements of this Zoning Code shall require a variance. (3) Additionally, after the first certificate of use and occupancy of an individual residential dwelling unit has been issued, the site development standards contained within this Title shall apply to that dwelling unit and shall only be modified subject to the variance procedure contained in Section 403.080. No alternative development standard may be granted for any residential dwelling unit after the first certificate of use and occupancy has been issued. (4) Uses permitted by the property's zoning district classification may not, pursuant to this Subsection, be expanded to include uses not otherwise permitted in the zoning district or restricted to not allow uses otherwise permitted in the zoning district. (c)Decision-making authority. The Planning Commission or City Council shall have the authority to approve, conditionally approve, or deny an application for an alternative development standards. (d)Alternative development standard process. (1) An application shall be filed with the Community Development Department at the same time as the development application for which the alternative 2  development standards are being requested, and shall be processed according to the Development Review Procedures outlined in Section 403.010, except as provided below: (2) All requests for Alternative Development Standards shall require a public hearing, even if the concurrent development application, does not require a public hearing. (3) The Director of Community Development shall have the authority to determine if a request for alternative development standards is more appropriate to be processed as a request for Planned Development or Variance. (e)Review Criteria. Approval of an alternative development standard shall be reviewed by the following criteria. (1) That the proposed alternative development standard(s) will better serve the public interest by the establishment of the proposed alternative development standard(s); (2) That the proposed alternative development standard(s) will be consistent with the objectives, policies and general land uses and programs specified in the City's Comprehensive Plan; (3) That the proposed alternative development standard(s) is consistent with other provisions of this Chapter; (4) That the location, size, design and operating characteristics of the proposed alternative development standard(s) will not create unusual noise, traffic or other conditions or situations that may be objectionable, detrimental, or incompatible with other permitted uses in the vicinity; and (5) That the proposed alternative development standard(s) will not result in conditions or circumstances contrary to the public health and safety and the general welfare. (f)Consistency of working drawings with approved plans. Alternative development standards approval shall pertain only to those plans reviewed and approved with the alternative development standards. Further, all plans approved with an alternative development standard shall be considered an integral part of the alternative development standard approval. The Community Development Director shall ensure that any final working drawings for grading or construction authorized by an alternative development standard approval are consistent with said previously-reviewed plans prior to release of working drawings for plan check. The Community Development Director may approve minor variations from previously-reviewed plans if he/she determines that the original plan concepts are being carried out. If the Community Development Director does not make such a determination, the subject working drawings shall be referred to the decision-making authority for review and action. 2. Section 404.240 DDC, 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 3  conditional use. All uses and structures must be approved by the Downtown Review Board. Structures shall be regulated by T-zone. 5.Zone T5. a. Allowed. Accessory units; row houses; apartment buildings; mixed-use buildings; live/work units; small civic buildings; rooftop decks, patios, and associated enclosures. G. Height And Area Standards. All buildings and structures shall incorporate the following minimum standards: b. Zone T-4. Not more than three (3) and not less than two (2) stories. Mixed-use buildings and live/work buildings shall have a sidewalk-level floor to ceiling floor height of fifteen twelve (1512) feet minimum. Upper levels in mixed-use buildings and live/work buildings shall have floor to floor or floor to roof ceiling heights of minimum ten nine (109) feet. c. Zone T-5. Not more than five (5) and not less than two (2) stories. Mixed-use buildings, live/work buildings and small commercial buildings shall have a sidewalk-level floor to floor or floor to ceiling roof height of fifteen twelve (1512) feet minimum. Upper levels in mixed-use buildings and live/work buildings shall have floor to floor or floor to roof ceiling heights of minimum ten nine (109) feet. 3. Section 405.010 - Permitted Building Types (Building Type Tables). A. Intent. This Section provides standards for a variety of building types. Building types address the scale, siting, and primary intended use of a building. The standards for different building types establish the relationship of buildings to the public realm, and the compatibility of types on a block or street. In combination with use standards, building type standards reinforce the character of different zoning districts. The Director of Community Development shall make a building type determination for developments that do not fit within a building type based on location and/or land use. 4 4. Section 405.020 - Residential Building Type Standards. The following standards apply to residential building types. The standards are basic standards for each type, and may be modified by the zoning district standards for each district in Chapter 404 and the site and building design standards in Chapter 407. Rowhouse Frontage width 16' min. to 32' max. per unit, plus side or corner side setbacks on corner and end units. Lot Size Area 1,600 s.f. min. to 2,500 3,200 s.f. max. per unit, plus side or corner side setback area on corner and end units. Front 8' min. to 20' max. Side 5' min.; 0' where party wall used. Setbacks Corner side 12' min. Rear 20' min., except 4' min. for alley-loaded garages. Height 40' max., up to 3 stories. Frontage Type Terrace; courtyard Building coverage = 80% of lot area max. Residential design standards in Section 407.080 shall apply to all applications of this building type. No more than 8 lots/units may be attached without a minimum 20' separation between adjacent buildings. Design and Performance Standards No more than 8 lots/units may be attached. A minimum 20’ separation between adjacent buildings is required. Rowhouses may be arranged on a courtyard pattern with up to 4 building units or 16 units on a lot, provided the lot size shall be at least .75 times the lot size required for each unit, and all setbacks shall be met on the external lot only. 5 5. Section 405.060.A – Accessory Uses A. Permitted uses and approved conditional uses shall be deemed to include accessory uses and activities that are necessarily and customarily associated with, and appropriate, incidental, and subordinate to the principal uses allowed in zoning districts. Accessory uses and activities shall be subject to the same regulations as apply to principal uses in each district, unless otherwise stated in this Development Code. 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. 3. Accessory Use Development And Operational Standards. The following standards shall apply to all accessory uses and structures unless otherwise specifically provided. 6  a. Front yard or street side yard setback. No accessory structure, other than a fence or non-load bearing wall, shall be located within a required Front Yard or Street Side Yard setback. See fence regulations of Section 407.040(D)(3). b. Rear yard setback. Accessory structures shall not be required to comply with the interior rear setback standard that applies to principal uses. Accessory structures, other than fences or non-load bearing walls, shall, however, be set back at least two and one-half (2 1/2) feet from side or rear lot lines, except for accessory living units which shall be subject to the standards provided in Section 405.020, Accessory Dwelling Unit. A street facing rear yard shall be required to setback accessory structures a minimum of eight (8) feet except accessory dwelling units which shall be subject to the provision of Section 405.020, Accessory Dwelling Unit. c. Side yard setbacks. Accessory structures shall not be required to comply with the interior side setback standard that applies to principal uses. Accessory structures, other than accessory dwelling units, fences or non-load bearing walls, shall, however, be set back at least two and one-half (2 1/2) feet from side property lot lines and shall be located no closer than ten (10) feet behind the front building line of the principal building on the lot. Notwithstanding the foregoing, accessory structures shall comply with, and not be located within, any front yard setback and, if located in a street facing side yard setback, shall be setback at least eight (8) feet from the side property lot line, except for accessory living units which shall meet the minimum setback requirements of Section 405.020, Accessory Dwelling Unit. d. Setbacks from easements. No accessory structure, other than a fence or wall, shall be located within any platted or recorded easement (other than a drainage easement), or over any known utility. e. Height. No accessory structure shall exceed the height of the principal structure or sixteen (16) feet, whichever is less, except accessory structures within the “RE” (Residential Estate) zoning district shall not exceed thirty-five (35) feet in height when the side and rear setback requirements for accessory structures are increased to a minimum of twenty-five (25) feet. 6. Section 407.010.C.3 – Parking and Loading 3. Maximum parking. No site required less than forty (40) parking spaces by this Section shall provide more than ten (10) parking spaces above the parking required by this Section. No site required forty (40) or more parking spaces by this Section shall provide more than twenty- five percent (25%) above the parking required by this Section. No site shall provide more than ten percent (10%) above the parking required by this Section without providing one (1) or more of the following mitigating design elements: a. Additional open space of at least fifty percent (50%) of the excess area of parking, and designed to the standards of open space types in Section 406.030 or frontage types in Section 407.030, and located in a way to minimize the impact of parking on streetscapes and adjacent sites. 7  b. Design the excess space for dual purposes, as gathering space or other pedestrian-scale, landscape or urban design purposes generally, but accommodate limited or overflow parking at other times. c. The surface of lesser used or overflow parking shall be designed as porous surface that allows storm water to be infiltrated. Any porous surface shall demonstrate that it has the same or better performance standards than standard parking surfaces and be approved by the Director of Public Works who may require enhanced storm water performance for the entire parking area. Porous surfaces should be designed according to the Mid America Regional Council and American Public Works Association Manual of Best Management Practices for Stormwater quality. A plan for routine and long term maintenance shall also be submitted to ensure the continued performance of the porous system. d. The landscape material required by this Section shall be increased by fifteen percent (15%) and located in a way to minimize the impact of parking on streetscapes and adjacent sites. 7. Section 403.050.M – Platting M. Administrative Plats. Administrative plat procedures provide an expedited review and approval for minor adjustments to legal boundaries, easements, and title of property for proper recording. These adjustments have little or no impact on public facilities and infrastructure, ownership and development patterns and are otherwise determined to be in accordance with the City's long-range development plans. 1. Applicability. Administrative plats may be filed for the following adjustments to property: a. Lot line adjustments. An adjustment to a previously platted lot affecting no more than four (4) lots and results in no additional lots. b. Revised final plat. Revisions to a previously approved final plat that are due to field conditions that could not have been reasonably anticipated or discovered at the time of the plat, or are due to a development program in the final plat that required construction activity to determine the final legal description. Revised final plats shall result in no additional lots and no change to the development patterns and concepts in the final plat. c. Minor subdivision. The combining of two (2) or more lots into one (1) lot or the division of a parcel into no more than three (3) lots, where no portion of the lots or remaining parcel have been subject to a previous minor subdivision and public improvements are not required. d. Condominium minor Townhouse plat. The subdivision of an existing structure into fewer than three (3) units. The subdivision of an existing four (4) or fewer units structure and the underlying property into no more than four (4) lots when all other applicable development standards and subdivision regulations contained within this UDC have been met. e. Conveyance Plat. A plat combining or subdividing any number of parcels of previously unsubdivided land for the purpose of sale or conveyance. Only tracts shall be created by Conveyance Plat. In no instance shall a Conveyance Plat grant any rights to development or guarantee of public utilities, public or private access, or issuance of addressing and permits, without compliance with all subdivision regulations contained within this Chapter. 8 9. Section 407.010.E.9 – Parking and Loading 9. Dimensions. Required off-street parking spaces shall be designed according to the following table. If angles not shown in the table, required parking space dimensions shall be interpolated from the table. Table 407.010-4: Parking Area Design Stall Width Stall Length Aisle Width Stalls Served Parking Angle by Aisle Traffic Flow (A) (ft) (B) (ft) (C) (ft) 8.5 2826 One or both One- or two- 90° 89 18.5 2625 sides way 9.5 2524 8.5 13 One or 45° One-way 89 18.5 12 both side 9.5 11 8.5 13 45° Both sides One-way 8 18.5 12 9.5 11 8.5 26 One or 45° Two-way 89 18.5 25 both Both sides 9.5 24 8.5 15 One or 0° One-way 9 23 14 both sides 9.5 13 8.5 26 One or both 0° Two-way 9 23 25 sides 9.5 24 10. Section 407.020.D.2.b – Block and Lot Access b. Single- and two-family residences shall have a paved driveway or driveways that shall not exceed fifty percent (50%) coverage within the front yard of or the street-facing side yard setback area in which the driveway is located, and off-street or on-street parking of vehicles weighing more than six (6) tons or containing more than two (2) axles shall be prohibited in MF- 9  18 and less intensive districts. This provision shall not prohibit temporary parking of vehicles making pickups or deliveries. Driveway widths shall be limited to a maximum of thirty (30) feet total within the right-of-way. All widths refer to the total of driveways on the lot, not each individual driveway. 11. Section 407.040.D.a – Site and Landscape Design a. Front Fences. All fences in front of the front building line shall: (1) Be no higher than four (4) feet; except for Detached House – Estate Lot building types fronting on collector or arterial streets which are allowed up to six (6) foot tall metal picket fences (2) Be limited to ornamental or decorative materials that complement the materials and design of the principal building; and (3) Except for screens for parking, have a transparency or voids of at least thirty-three percent (33%). 12. Section 403.110.A.5. – Building Permits 5. Prerequisite To Building Permit. A final plat shall be approved by the Governing Body and recorded with the Recorder of Deeds of Jackson County for the land on which the building is to be constructed at some time prior to the issuance of any building permit, except that the Community Development Director may determine that certain uninhabitable structures may be issued building permits prior to final plat recordation. A building permit shall be obtained from the Codes Administrator. 2. UDCT-09-19-7088 An Ordinance amending various Sections and Subsections of Title IV, Chapter 401-411, Unified Development Code, of the Code of Ordinances of the City of Blue Springs to amend and adopt regulations related to short term loan establishments and tobacconists Section 405.050 Special Use Standards 26. Short term loan service. a. Separation from other uses. No short term loan service establishment shall be shall be allowed to locate or expand within two hundred (200) feet of any RE, SF, T-3, T-4, TF or MF zoned lot or within one thousand five hundred (1,500) feet of any school, elementary, middle or high, or parks and recreation use as those terms are defined in the City Code. This separation distance shall be measured as a straight line, without regard to intervening properties, from the nearest exterior wall of the short-term loan service establishment to the nearest lot line of the lot that is zoned RE, SF, TF, or MF or that contains the school, elementary, middle or high, or parks and recreation use. b. Separation from other short-term loan service. No short-term loan service establishment shall be allowed to locate or expand within one two thousand five hundred (1 2,500) feet of any other short term loan service use or within one two thousand five hundred (1 2,500) feet of any pawnshop or precious metal and gem dealer as they are defined in Section 605.010 and Section 615.010, respectively. This separation distance shall be measured as a straight line, without regard to intervening properties, from the nearest exterior wall of the short-term loan service establishment to the nearest lot line of the lot that contains the other short term loan service or the pawnshop or precious metal and gem dealer use. 10  c. Separation from City limits. No short-term loan service establishment shall be allowed to locate or expand within one two thousand five hundred (1 2,500) feet of City of Blue Springs boundary lines. This separation distance shall be measured as a straight line, without regard to intervening properties, from the nearest exterior wall of the short term loan service establishment to the nearest City limits boundary line. d. Limitation on number. Not more than one (1) conditional use permit for a short term loan service shall be issued per each increment of four thousand five hundred (4,500) twelve thousand (12,000) persons that make up the population of the City of Blue Springs. The population of the City, for the purpose of this Section, shall be determined annually by the City, submitted to and approved by the City Council. This determination shall be submitted to the City Council on or before January 1 of each year. e. Site plans. Short term loan service establishments shall be subject to site plan and design review pursuant to Section 403.070. 32. Tobacconist. Tobacconist shall be subject to the following standards and requirements: a. As a conditional use, a tobacconist may not locate or expand any existing operation within 500-feet of any other tobacconist or any residential use or district, church, school or public park. The distance between these uses shall be measured in a straight line from the boundary of any property containing the tobacconist and the boundary of any property zoned residential or in use for a residential purpose, church, school, or public park. b. No permit or license may be issued for a tobacconist where it is determined that the total number of such facilities will exceed a population density factor of one such establishment per 8,000 12,000 residents based on the last decennial census. 3. UDCT-09-19-7089 An Ordinance amending Title IV, Chapter 403 Development Review Procedures, Section 403.120 Occupancy Certificates, Unified Development Code, of the Code of Ordinances of the City of Blue Springs to amend and adopt regulations related to building inspections. 1. Section 403.120. Occupancy Certificates. A. No structure or addition thereto constructed, built, moved, remodeled or reconstructed after October 5, 2015, shall be occupied or used for any purpose, and no land that is vacant on October 5, 2015, shall be used for any purpose except Agriculture (limited or general), and no use of any land or structure shall be changed to any other use, unless a temporary occupancy certificate or an occupancy certificate is first obtained from the Codes Administrator. This Section sets out the required review and approval procedures for occupancy certificates. 1. Certificate Request. A request for an occupancy certificate shall be submitted to the Codes Administrator. 2. Review And Action — Codes Administrator. No occupancy certificate for a structure or addition thereto constructed, built, moved, remodeled or reconstructed after November 18, 1996, shall be issued until such work has been completed and the premises 11  inspected and certified by the Codes Administrator to be in full and complete compliance with the plans and specifications upon which the building permit was issued. No occupancy certificate for a new use of any structure or land shall be issued, except as provided in Section 403.120.B, until the premises have been inspected and certified by the Codes Administrator to be in full and complete compliance with all the applicable regulations of the zoning district in which the use is located except as provided in Section 403.120.B. 3. Temporary Occupancy Certificates. Pending the issuance of a permanent occupancy certificate, a temporary occupancy certificate may be issued which shall be valid for a period established by the Codes Administrator, not to exceed six (6) months, pending completion of any addition or during partial occupancy of the premises. After a temporary occupancy certificate expires it shall lapse and be of no further effect. 4. Issuance Of Certificates. An occupancy certificate shall either be issued, or written notice shall be given to the applicant stating the reasons why a certificate cannot be issued. Action to issue or deny shall be taken within ten (10) days of the date that a complete application is filed. 5. Unlawful To Occupy Without A Valid Occupancy Certificate. It shall be unlawful to occupy any building that does not have a valid occupancy certificate or temporary occupancy certificate. B. For new construction of a one- or two-family residential dwelling, the licensed engineer who sealed the ultimate submission of plans for the permit shall be allowed to conduct the footing, foundation, wall, and framing inspections in accordance with the procedures for such inspections established by the City. Such licensed engineer or architect shall report on such work by using the uniform inspection forms used by the City and shall submit such forms to the City. 2. Section 500.070.D – Building Code. Work Permit Required; Inspector To Provide Inspection Record, Card; Posting Of Permit, Card; Permit Costs; Additional Inspections Authorized. D. In addition to the inspections specified in this Section, the Building Inspector may make or require any other special inspections pursuant to the International Building Code and state law of any construction work to ascertain compliance with the provisions of this Code and other laws which are enforced by the Building Inspector. 12