Downtown Review Board

•1 1• 81~~ Springs --r11~~ . City Hall – Development Conference Room 128 903 W. Main Street, Blue Springs, MO 64015 DOWNTOWN REVIEW BOARD MEETING AGENDA Tuesday, May 28, 2019 – 4:00 p.m. Board Members please call 816-228-0207 if unable to attend 1 CALL TO ORDER A. Approval of May 14, 2019 meeting minutes 2 REVIEW OF PROJECT APPLICATIONS A. DRB-05-19-6957 / 307 NW 16th Street / New garage addition to existing single-family house B. Unified Development Code amendments to Section 404.240.E. (Permitted Uses) regarding the location of medical marijuana uses. 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 05.28.2019 Page 1 of 1 kf  City of Blue Springs 903 W. Main Blue Springs, Missouri 64015 Downtown Review Board MINUTES Tuesday, May 14, 2019 A meeting of the Downtown Review Board of the City of Blue Springs was held in the City Hall Development Conf. Room 128 located at 903 W. Main Street on Tuesday, May 14, 2019 with the following members, guests and staff in attendance: ATTENDANCE Ken Billups Jr., PC Rep. 1 Kent Edmondson, Councilmember, Jackie Fairbanks, Alt. PC Rep. Dist. 2 Tom Cole, Com. & Eco. Dev. Chris Sandie, Public Works Jennifer Hauschild, Vice Chair Cindy Miller, Chairperson ABSENT Board Member Lance Tomlin STAFF/OTHERS Matt Wright, Senior Planner Brad Stanton, Associate Planner Teresa Evans, Eco. Dev. Karen Findora, Liaison CALL TO ORDER Chairperson Cindy Miller called the meeting to order at 4:00 p.m. CONSENT AGENDA Chairperson Miller requested action on the Consent Agenda with a motion APPROVAL by Board Member Jennifer Hauschild, to approve the Minutes of April 16, 2019, a second from Board Member Ken Billups Jr., and a unanimous vote, the Minutes of April 16, 2019, were approved as submitted. AGENDA ITEM 2A / Matt Wright, Senior Planner, stated that before the Downtown Review Board DRB-05-19-6940 / “East of is a request for an approval for new construction of 5 paired houses (10 semi- SW 8th Street, 130-ft. south attached units). The Historic Preservation Commission will also review the of W. Main Street” / New proposal today at 5:00 p.m. construction of 5 paired houses (Jones Place) Mr. Wright stated that the Site Plan matches the Preliminary Plat which was approved by the Planning Commission in August 2018. There are 5 buildings with 10 lots, each unit will have its own separate lot. Each unit may be owner- occupied and sold separately. All setbacks meet requirements. All the units will be accessed by a private alley located behind the buildings. Each unit DRB Minutes –05.14.2019 Page 1 of 3 kf  will have its own single car garage with a parking pad behind it. All the units will be two-story. Due to the fact that these are duplexes the building material is lumped in with the other Commercial and Multi-Family materials in the Downtown Code. The Code requires 50% masonry unless using cement board siding or EIFS then its 75% of the building façades on all four sides. Staff recommends that the 75% is met. Staff is requesting that the front and the sides be cement board siding and the back could be lap siding. Some of the homes have stone and some do not. Staff is recommending that all homes have some type of stone at the base of the columns or elsehwere on the front elevation. APPLICANT Mike Yancik, Dwellings by Design KC Mr. Yancik asked how much stone is staff requesting in the front. QUESTIONS Chairperson Miller asked if it would be cost prohibited if stone could be added to all of the homes at the base of the columns. Mr. Yancik stated that he would add the stone to all of the column bases of the homes. Chairperson Miller asked when coming of 8th Street is that a one way in and one way out, and if so would that impact the home on the end. Mr. Yancik stated that they were working with the owner on the south side with their deck, the deck is slightly in the easement. Mr. Yancik stated that he would put a gravel driveway there so residents could loop around then it would dead-end near the State Farm building on the north side. Mr. Yancik stated that he thought they were going to pour a curb at the end of the alley or install bollards there, so it blocks access. Board Member Ken Billups Jr. asked if there was an HOA established for the units so that the owners would keep the color scheme consistent. Mr. Yancik stated that he would look into that. Chairperson Miller wanted it to be aware that the Board would prefer not to have the satellite dishes in the front yard of the properties. MOTION Board Member Jennifer Hauschild recommended the approval of DRB-05- AGENDA ITEM 2A / 19-6940 with staff’s recommendations. DRB-05-19-6940 / “East of SW 8th Street, 130-ft. south Cement board siding or another masonry material must be used to meet the of W. Main Street” / New 75% requirement on the front and sides. Either stone or brick must be added construction of 5 paired to the front elevation or columns. houses (Jones Place) SECOND Seconded by Board Member Ken Billups Jr. VOTE Chris Sandie - Aye Kent Edmondson – Aye Thomas Cole – Aye Ken Billups, Jr. - Aye Lance Tomlin - Absent Chris Lievsay – Absent Jennifer Hauschild, Vice Chairperson - Aye Jackie Fairbanks – Aye Cindy Miller, Chairperson - Aye DRB Minutes –05.14.2019 Page 2 of 3 kf  (APPROVED 7-Aye, 0-No) OTHER BUSINESS Chairperson Miller asked if the Shops on Main had a permit for their monument sign. Matt Wright, Senior Planner stated that he would look into it. MEETING ADJOURN With no further discussion, a motion was made by Board Member Jennifer Hauschild to adjourn at 4:17 p.m. Seconded by Board Member Ken Billups Jr. ____________________________ Respectfully Submitted by, Karen Findora, Recording Secretary ____________________________________ __________________________ Cindy Miller, Chairperson Date DRB Minutes –05.14.2019 Page 3 of 3 kf  DOWNTOWN APPLICATION STAFF REPORT Meeting Date: May 28, 2019 DRB: 2A Case File Number: DRB-05-19-6957 Project Name: 307 NW 16th Street Type of Application: Building Permit / New Addition Request: New 1,200-sf. garage addition to existing single-family house Applicant: William Bowen Property Owner: William Bowen Engineer: N/A Architect: N/A Surveyor: N/A Location (Address): 307 NW 16th Street General Location: West of NW 16th Street, approx. 140’ north of NW Vesper Street Area: 0.33 +/- acres Lots: 1 Existing Zoning: “T3” (Sub-Urban) Existing Land Use: Single-Family Residential Proposed Land Use: Single-Family Residential Comprehensive Plan Designation: Distinct Destination Attachments: • Downtown Application • Plot plan and building elevations Boards Assigned: Downtown Review Board – May 28, 2019 Planner: Matt Wright, Senior Planner Page 1 of 3  Project: 307 NW 16th Street SITE LOCATION MAP: 309· #B 309 #A 307 '3 04 1607 1507 I ., BACKGROUND INFORMATION/SUMMARY: The applicant is requesting to build a 1,200-sf. garage addition to the rear of the existing approx. 1,000-sf. single-family house. The proposed single-story addition will be to the rear of the existing garage on the south side of the house. The building is considered an addition to the house, and not an accessory structure, since it will be attached to the existing house by a breezeway. PREVIOUS ACTIONS/APPROVALS: • J.W. Stanley’s Addition was recorded at Jackson County on January 22, 1892. • On March 26, 2007, the Planning Commission recommended approval of a rezoning from “SF-7” (Single-Family Residential) to “T3” (Sub-Urban) as part of the rezoning for the Downtown Zoning District. The City Council approved the rezoning on April 2, 2007. FUTURE APPLICATIONS/REVIEWS ANTICIPATED OR REQUIRED: Once the application has been reviewed and approved by the Downtown Review Board staff may approve and issue building permits for the proposed building addition. ABUTTING ZONING AND LAND USES: Direction Current Zoning Surrounding Land Uses North: “T3” Single-Family Residential South: “T3” Single-Family Residential East: Right-of-Way NW 16th Street (Local) West: “T3” Single-Family Residential Page 2 of 3  Project: 307 NW 16th Street DOWNTOWN DEVELOPMENT CODE (DDC) & DOWNTOWN DESIGN STANDARDS: The following items from the DDC are applicable to the request: Height and Area Standards: The Downtown Development Code (DDC) (Section 404.240) permits single-family houses in the “T3” zoning districts. The DDC states that the following minimum standards are required in the “T3” zoning district: Height of the primary building: Not more than 2 ½ stories The existing house and proposed addition is 1 story. Setbacks from property lines: • Front yard: 10-ft. min. to 25-ft. max. • Side yard, interior: 5-ft. min. • Rear yard: 5-ft. min. All setbacks will be met with an 8-ft. side setback and an approx. 46-ft. rear setback with the new addition. Parking Standards: The “T3” zoning district requires a minimum of two (2) parking space for each dwelling unit. Attached garages shall not front to the street. All parking shall be setback a minimum of 6-ft. from less-intensive zoning districts. Parking requirements have already been met with existing driveway and garage. New garage doors will face the rear property line. Building Materials: High quality masonry building materials approved for the Downtown Zoning District are stone, brick, cast stone, and stucco. Synthetic stone, such as pre-manufactured fiberglass, cultured stone, or glass-fiber reinforced concrete, is permitted, provided that it is identical in appearance and equal or greater durability to natural stone. These masonry materials shall be required on 10% of the sum total of all facades for single-family houses. The existing house is entirely vinyl siding and the addition will not be visible from the street. Staff does not believe that the addition of new masonry building materials is warranted nor applicable to this request. The proposed building material for the addition is metal trim and siding, which has been permitted elsewhere in the Downtown Zoning District in the past. RECOMMENDATION: Staff recommends approval of the building addition to 307 NW 16th Street as submitted by the applicant. Page 3 of 3  PLOT PLAN FOR PERMIT LOTS 5 & 6, BLOCK 2 & THE EAST ONE-HALF OF THE VACATED ALLEY IN J. W. STANLEY'S ADDITION TO BLUE SPRINGS, JACKSON COUNTY, MISSOURI EAST ONE-HALF OF ALLEY VACATED BY CITY ORDINANCE NO. 634 ON OCT ER 2. 1972 & RECORDED AS DOC. NO. I 1284553 IN BOOK 755 AT PAGE 415 ON MAY 24, 1977. 144.00' 138 .00' ..,,,, < ;?; cj z o0 8 0 0V) 0 26.Jo· ..; f-< 22 .00' til w~ r--~--- N ~;;,: o 0 o0 !ii~ g 0 -50 ,,.:._ ___ _ C sr S! -~ '° C! ,_J ~I 1 u 18 "' 0 1~ 3 2s. so· C! 0 0 I ... ~ 0 ...: CONC . 0 N DRIVE ol- C 0 0 ('I _ _ J1 20.50' '° ·r ~ 138.00' 144.00' IND1CATES 3 / 8 ,. lRON BAR FOUND . ~ INDICATES II" IRON BAR & CAP FOUND. @) tilDICATES I\" IRON BAR & CAP SET . WllllAM A. RALSTON LAND SURVEYORS & LAND PLANNERS P.O. BOX 422 GRAIN VALlEY, MISSOURI 0 IO 20 40 PHONE': /316) 224-3221 k-:J l I (&16/ 456-3174 (CELL) (316i 229--4886 (FAX)  DESIGN OPTION "D" SUBURBAN· METAL TRIM -PAINTED STEEL SIDING AND ROOFING (SUBURBAN ONLY) -PAINTED METAL TRIM METAL SIOING -20 YEAR UMITED WARRANTY ON PAINTED METAL FINISH FARMLAND: -GALVANIZED .CORRUGATED ROOFING AND SIDING -NO WARRANTY ON GALVANIZED METAL ------- METAL TRIM --------- (SUBURBAN ONLY) ( METAL BASE TRIM (SUBURBAN ONLY) TREATED SPLASH BOARD ~ - FINISH GRADE FRONT ELEVATION RIDGE cAP r SKYLJGITT I r r / / METAL TRIM / (SUBURBAN ONLY) m m ~ METALROOF TIT L------- METAL TRIM (SUBURBAN ONLY) I" Mr . 'llNG AROUNrl---. OG :NINGS ·- "- jUBlJKBAN ONLY) 3' - O' S1EEL DOOR • METAL BASE TRIM SUBURBAN ONLY) / ( TREATED SPLASH BOARD 30' WIDE DELUXE POLE FRAME BUILDING DESIGN OPTION "D" 30' X 40' POLE GARAGE LENGTH MAYBE INCREASED BY 9'-9 1\2" SIDE ELEVATION INCREMENTS NOTE: VBUFY AU. SPBJACATIONS APROX. SCALE 1/4' = 1' PAGE 1D WITH LOCAL BIJllDING aJDES F _E  w LL { cofS(Jt2-1 /iLf cove IL~ o W 1 7 H 5'Al11t ;ti/ r,r;✓ l- /ls 1/ousf A £v(LOr fll &-- /2oo+:<; A17fK-µfll c11r Po 11/- 1 s /1 ¢ 1 ltittZ /$we# fA S1[!'( a> Wrn-r NArL-5 ff Q fl~ w5 ~ 3 o~ !l w' !61f!s1 10 ') '1'- 5 U1)5 tS fDS75 &vG f f l(i;r/( ;s f'f b <?ci ~ rbG =1- + ;obcfots' ,AtJU-€ /U4/'I f)rJo f--5 µb r (lfJ. fl{ e- Co rJ ~,R u C T o,,J I  OFFICE USE ONLY DRB-OS::- )9 - h9s- 7 • 81~~ Springs . CASE# ACCT# CK# RECEIVALDATE: 05/-2,,3 / 14 DRB MEETING: 0$ J-z_<{ hj "'IIP I ~)4t? t i, HPC MEETING: _(,;r' MCRC MEETING : .f;r DOWNTOWN APPLICATION CDBG MEETING: .fd 903 W Main Street, Blue Sp rings, MO I 816.228.0207 I comdevlegal@bluespringsgov .com PLANNER: ... M.t.t.+-.f- . o,;"M·.......................... Garage addition Project Name 307 NW 16th Blue Springs MO 64015 Project Address (Parcel ID if No Address Assigned or Multiple Addresses) Legal Description (attach as a separate page if too large) APPLICATION (check all that apply) REVIEW BOARDS Fl NANCIAL ASSISTANCE Iii DOWNTOWN REVIEW BOARD 0 MCRC PROGRAM 0 HISTORIC PRESERVATION COMMISSION 0 COMMERCIAL FACADE GRANT APPLICANT INFORMATION William Bowen Name of Applicant Company 307 NW 16th Blue Springs MO 64015 Address City State Zip Code handymanwilldo@yahoo.com 816-898-6677 Email Phone Fax I agree ta allow the City of Blue Springs to copy and distribute all project plans, materials, and information and post on the official City of Blue Springs web site as necessary for the project approval process, including public hearings. Additionally, I agree to pay the City of Blue Springs in full all applicable fees and costs required far the project approval process, including all public notifications. w1Uia111 'lfoweM 5/19/2019 Applicant Signature Date PROPERTY OWNER INFORMATION William Bowen 816-898-6677 handymanwilldo@yahoo.com Name of Property Owner Company Phone Email Address 307 NW 16th Blue Springs MO 64015 Address City State Zip Code I declare, under penalty of perjury, that in applying for this application, I am the owner of this property and that the statements herein and all information herewith submitted are, to the best of my knowledge and belief, true and correct. In the event af corporate ownership, a list of all Directors, Officers, Stockholders of each Corporation owning more than five percent (5%) of any class of stock must be attached. With the signing and submittal of this application, I authorize the City of Blue Springs to enter on to the subject property to collect data and other information in order to accurately prepare reports or other documentation for review by City Council, Boards & Commissions, and City Staff Additionally, as the lega l owner of the above property, I hereby grant authorization to comp lete the improvements ind icated on this application . w1Uia111 DOWeM 5/19/2019 Property Owner Signature Date Fl E  ( REQUIRED DOCUMENTS CHECKLIST FOR ALL APPLICATIONS REQUIREMENT DESCRIPTION NUMBER st iii Project Information Complete on 1 page of this Application iii Project Description Provide narrative describing the project in space provided below. If necessary, attach additional pages D Contact Information Sheet Complete the contact information on Page 3 D Additional Application Requirements Complete all applicable information listed on pages 4- 6 of this application D Other Required Information See UDC Chapter 402 - Review & Decision-Making Bodies & UDC Chapter 408 - Supplemental Standards for all other required information . PROJECT DESCRIPTION: I plan to add a garage addition to the west side of my existing garage for storage. Fl  • • ------- • ■Blue Springs, Missouri Community Development MEMORANDUM DATE: May 23, 2019 TO: Downtown Review Board FROM: Mike Mallon, Assistant Director, Community Development SUBJECT: Proposed amendments to the Unified Development Code (UDC) to adopt regulations for the zoning, land use, and development standards related to medical marijuana uses and facilities On November 6, 2018 the voters of the State of Missouri approved Amendment 2 to the Constitution of the State of Missouri which purportedly legalizes medical marijuana within the State. The Missouri Department of Health and Senior Services has released Draft Rules to effectuate the provisions of Article XIV for medical marijuana uses and facilities. Under the timeline established by Article XIV, applicants seeking to open medical marijuana facilities may begin submitting applications to the DHHS on August 3, 2019. As part of that process, applications need to have locations of proposed facilities specified and must show compliance with any local regulations enacted in addition to the provisions of Article XIV. On January 7, 2019, City Council adopted a Resolution enacting an Administrative Delay in accepting or processing applications in the City related to medical marijuana, with the expectation that staff bring forward necessary amendments to the City Code in the 2nd Quarter of 2019 to comply with the timelines established by the DHSS. Article XIV of the Missouri Constitution identifies four types of Marijuana-related businesses: Cultivation Facility, Dispensary Facility, Infused Products Manufacturing Facility, and Testing Facility. The existing Unified Development Code (UDC) does not currently provide any regulations that allow for the sale, cultivation and distribution of medical marijuana in the City. As a first step, City staff has researched necessary changes to the UDC to regulate Medical Marijuana businesses for zoning, land uses and other development standards that are seeking to operate facilities in the City once authorized by the State, including: 1. The UDC needs to provide definitions for medical marijuana facilities and identify for zoning districts in which they may be permitted throughout the City. 2. Local governments may also establish a reduced separation distance from the 1,000-foot requirement in Article XIV from these facilities to schools, child day care centers, and churches.  3. In addition to the buffer requirements, local governments may enact other regulations regarding the time, place and manner in which medical marijuana facilities may operate in the City. Attached to this Memorandum is the Ordinance which approved amendments to various Sections of the UDC to adopt regulations for the zoning, land use and development standards related to medical marijuana uses and facilities. The approved UDC Text Amendments were reviewed by the following boards: 1. The Development Advisory Commission: May 2, 2019, recommended approval of the text language as written. 2. The Planning Commission: May 13, 2019 Public Hearing, recommended approval of the text language as written. 3. The City Council: May 20, 2019 Public Hearing: approved the proposed text language, with Amendments; however, the Council removed the Section related to the Downtown Development Code and continued the public hearing to the June 3, 2019 City Council meeting in order to allow the Downtown Review Board the opportunity to review and make a recommendation. The proposed Section of the Ordinance related to the Downtown Development Code is provided below; this is the only UDC Text Amendment that is under review by the Downtown Review Board. Section 12. 404.240.E, Downtown Development Code E. Permitted Uses And Uses Allowed By Conditional Use. Within the area covered by the DDC, a wide variety of uses and structures, from residential to commercial, are allowed or allowed by conditional use. All conditional uses and structures must be approved by the Downtown Review Board. Structures shall be regulated by T-zone. 1. Uses permitted in mixed-use and commercial building types. jj. Medical Marijuana Dispensary 2  BILL NO. 4668, as amended Introduced by Councilmember Culpepper ORDINANCE NO. 4826 AN ORDINANCE AMENDING VARIOUS SECTIONS AND SUBSECTIONS OF TITLE IV, CHAPTERS 401-411, UNIFIED DEVELOPMENT CODE, OF THE CODE OF ORDINANCES OF THE CITY OF BLUE SPRINGS TO ADOPT REGULATIONS FOR THE ZONING, LAND USE, AND DEVELOPMENT STANDARDS RELATED TO MEDICAL MARIJUANA USES AND FACILITIES WHEREAS, The City of Blue Springs adopted a Unified Development Code (UDC) in 1996 by passage of Ordinance No. 2738 on November 18, 1996, and readopted an amended Unified Development Code on August 3, 2015, by passage of Ordinance No. 4558; which has been further amended for maintenance purposes, as well as to respond to changing development patterns and keep up to date with current trends; and WHEREAS, City staff is committed to bringing forward amendments to the UDC as needed; and WHEREAS, on November 6, 2018 the voters of the State of Missouri approved Article XIV of the Constitution of the State of Missouri ("Amendment 2"), an Amendment which legalizes medical marijuana within the State; and WHEREAS, Amendment 2 took effect on December 6, 2018; and WHEREAS, the City Council is elected to promote the community's health, safety, and welfare, which duty includes proper planning and ordinances designed to provide for a coordinated development of the City and the reduction of conflicting use to promote the general welfare; and, WHEREAS, the Council recognizes that there are impacts to the community from the sale, cultivation, testing, and distribution of medical marijuana; and WHEREAS, the Missouri Department of Health and Senior Services (DHSS) is tasked with implementing and enforcing rules required to carry out the mandates of Amendment 2; and WHEREAS, Staff reviewed whether similar provisions existed in other City codes throughout the metropolitan area, and proposes amendments similar to those in other Cities; and WHEREAS, the Development Advisory Commission recommends the approval of amendments to the Unified Development Code; and WHEREAS, the Planning Commission held a public hearing and, after discussion, recommends to the City Council the language set forth below; and WHEREAS, after due notice, public hearings were held before the Planning Commission at its May 13, 2019 meeting and before City Council at its May 20, 2019 meeting; and NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BLUE SPRINGS, MISSOURI, AS FOLLOWS:  NOTE: LANGUAGE TO BE ADDED IS UNDERLINED. Sections and Subsections not set out herein are not amended or changed. Section 1. Section 405.030-1 Land Use Table shall be amended as follows: Section 2. That Section 411.030, Use Groups and Descriptions of Uses, shall be amended such that the following definition is added to Subsection 411.030.E, Retail/Commercial Use Group: MEDICAL MARIJUANA DISPENSARY - A facility licensed by the Missouri Department of Health and Senior Services, to acquire, store, sell, transport, and deliver marijuana, marijuana-infused products, and drug paraphernalia used to administer marijuana as provided for in this section to a Qualifying Patient, a Primary caregiver, another Medical Marijuana Dispensary Facility, a Medical Marijuana Testing Facility, or a Medical Marijuana-Infused Products Manufacturing Facility. Section 3. That Section 411.030, Use Groups and Descriptions of Uses, shall be amended such that the following definitions are added to Subsection 411.030.H, Industrial Use Group. MEDICAL MARIJUANA CULTIVATION FACILITY - A facility licensed by the Missouri Department of Health and Senior Services to acquire, cultivate, process, store, transport, 2  and sell marijuana to a Medical Marijuana Dispensary Facility, Medical Marijuana Testing Facility, or to a Medical Marijuana-Infused Products Manufacturing Facility. MEDICAL MARIJUANA-INFUSED PRODUCTS MANUFACTURING FACILITY - A facility licensed by the Missouri Department of Health and Senior Services, to acquire, store, manufacture, transport, and sell marijuana-infused products to a Medical Marijuana Dispensary Facility, a Medical Marijuana Testing Facility, or to another Medical Marijuana- Infused Products Manufacturing Facility. MEDICAL MARIJUANA TESTING FACILITY - A facility certified by the Missouri Department of Health and Senior Services, to acquire, test, certify, and transport marijuana. Section 4. That Section 405.050, Special Use Standards, shall be amended such that new Subsections 405.050.A.34, Medical Marijuana Dispensary Facility, 405.050.A.35, Medical Marijuana Cultivation Facility, 405.050.A.36, Medical Marijuana Testing Facility and 405.050.A.37, Medical Marijuana-infused Products Manufacturing Facility shall be added and shall read as follows: Section 405.050.A.34. Medical Mariiuana 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.ln 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 Definitions. 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 3  premises, and no sales or distribution of marijuana shall occur upon the premises or by delivery from the premises between the hours of 8:00 P.M. and 8:00 AM. f. Display of Licenses Required. The medical marijuana license issued by the State of Missouri shall be displayed in an open and conspicuous place on the premises. g. Residential Dwelling Units Prohibited. No medical marijuana business shall be located in a building that contains a residence. h. Ventilation Required. All medical marijuana businesses shall install and operate a ventilation system that will prevent any odor of marijuana from leaving the premises of the business. No odors shall be detectable by a person with a normal sense of smell outside the boundary of the parcel on which the facility is located. i. Site Plan Review Required. A site plan meeting the requirements of this Title shall be submitted for review and approval subject to the procedures of Section 403.070 Site Plan and Design Review. The site plan shall include a description of the ventilation system to be used to contain odors within the building. j. All facilities shall comply with Video Surveillance requirements Section 610.300 or as otherwise determined by the State regulations. k. Architecture. Any new development. building addition or exterior renovation for a medical marijuana use or facilities shall comply with Section 407.090 Non-Residential Design Standards. Exterior building facades shall be designed with high-quality materials to be complementary with the characteristics of the surrounding area in a way that contributes to the establishment of a positive character for the area. Strategies to achieve this include, but are not limited to. using similar or better-quality and complementary materials, colors or design details and using similar or complementary building shapes and/or forms. Section 405.050.A.35. Medical Marijuana Cultivation Facility. Medical Marijuana Cultivation Facilities shall be subject to the following standards and requirements. No building shall be constructed. altered. or used for a Medical Marijuana Cultivation Facility without complying with the following regulations. a. Medical Marijuana Cultivation Facilities shall comply with Section 407.050 Operation and Performance. b. Buffer Requirement. No Medical Marijuana business shall be located within one thousand (1000) feet of an existing elementary or secondary school. licensed child day care center. or church. 1. In the case of a freestanding facility, the distance between the facility and the school, daycare. or church shall be measured from the external wall of the facility structure closest in proximity to the school, daycare. or church to the closest point of the property line of the school, daycare. or church. 2. In the case of a facility that is part of a larger structure. such as an office building or strip mall, the distance between the facility and the school, daycare. or church shall be measured from the property 4  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 Definitions. c. Outdoor Operations or Storage Prohibited. All operations and all storage of materials, products. or equipment shall be within a fully enclosed building. No outdoor operations or storage shall be permitted. d. Onsite Usage Prohibited. No marijuana may be smoked, ingested, or otherwise consumed on the premises of a medical marijuana business. e. Hours of Operation. All medical marijuana businesses shall be closed to the public, no persons not employed by the business shall be on the premises. and no sales or distribution of marijuana shall occur upon the premises or by delivery from the premises between the hours of 8:00 P.M. and 8:00 AM. f. Display of Licenses Required. The medical marijuana license issued by the State of Missouri shall be displayed in an open and conspicuous place on the premises. · g. Residential Dwelling Units Prohibited. No medical marijuana business shall be located in a building that contains a residence. h. Ventilation Required. All medical marijuana businesses shall install and operate a ventilation system that will prevent any odor of marijuana from leaving the premises of the business. No odors shall be detectable by a person with a normal sense of smell outside the boundary of the parcel on which the facility is located. i. Site Plan Review Required. A site plan meeting the requirements of this Title shall be submitted for review and approval subject to the procedures of Section 403.070 Site Plan and Design Review. The site plan shall include a description of the ventilation system to be used to contain odors within the building. j. All facilities shall comply with Video Surveillance requirements Section 610.300 or as otherwise determined by the State regulations. k. Architecture. Any new development, building addition or exterior renovation for a medical marijuana use or facilities shall comply with Section 407.090 Non-Residential Design Standards. Exterior building facades shall be designed with high-quality materials to be complementary with the characteristics of the surrounding area in a way that contributes to the establishment of a positive character for the area. Strategies to achieve this include, but are not limited to, using similar or better-quality and complementary materials, colors or design details and using similar or complementary building shapes and/or forms. Section 405.050.A.36. Medical Mariiuana 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. 5 a. Medical Marijuana Testing Facilities shall comply with Section 407.050 Operation and Performance. 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.ln 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 Definitions. 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 premise.s, and no sales or distribution of marijuana shall occur upon the premises or by delivery from the premises between the hours of 8:00 P.M. and 8:00 A.M. f. Display of Licenses Required. The medical marijuana license issued by the State of Missouri shall be displayed in an open and conspicuous place on the premises. g. Residential Dwelling Units Prohibited. No medical marijuana business shall be located in a building that contains a residence. h. Ventilation Required. All medical marijuana businesses shall install and operate a ventilation system that will prevent any odor of marijuana from leaving the premises of the business. No odors shall be detectable by a person with a normal sense of smell outside the boundary of the parcel on which the facility is located. i. Site Plan Review Required. A site plan meeting the requirements of this Title shall be submitted for review and approval subject to the procedures of Section 403.070 Site Plan and Design Review. The site plan shall include a description of the ventilation system to be used to contain odors within the building. j. All facilities shall comply with Video Surveillance requirements Section 610.300 or as otherwise determined by the State regulations. k. Architecture. Any new development, building addition or exterior renovation for a medical marijuana use or facilities shall comply with Section 407.090 Non-Residential Design Standards. Exterior building facades shall be designed with high-quality materials to be 6  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.37 Medical Mariiuana-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.ln 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 Definitions. c. Outdoor Operations or Storage Prohibited. All operations and all storage of materials. products. or equipment shall be within a fully enclosed building. No outdoor operations or storage shall be permitted. d. Onsite Usage Prohibited. No marijuana may be smoked. ingested, or otherwise consumed on the premises of a medical marijuana business. e. Hours of Operation. All medical marijuana businesses shall be closed to the public. no persons not employed by the business shall be on the premises. and no sales or distribution of marijuana shall occur upon the premises or by delivery from the premises between the hours of 8:00 P.M. and 8:00 AM. 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 7  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:9uality materials to be complementary with the characteristics of the surrounding area in a way that contributes to the establishment of a positive character for the area. Strategies to achieve this include, but are not limited to, using similar or better-quality and complementary materials, colors or design details and using similar or complementary building shapes and/or forms. Section 405.050.A.38 Medical Mariiuana Uses. Medical Marijuana Uses, including Dispensary, Testing Facilities, Marijuana-infused products manufacturing, and testing facilities shall be subject to the following standards and requirements. No building shall be constructed, altered, or used for a Medical Marijuana Use without. complying with the following regulations. a. All Medical Marijuana Uses shall comply with Section 407.050 Operation and Performance. b. Buffer Requirement. No Medical Marijuana business shall be located within one thousand (1000) feet of an existing elementary or secondary school, licensed child day care center, or church. 1.ln 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 Definitions. 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. 8  d. Onsite Usage Prohibited. No marijuana may be smoked, ingested, or otherwise consumed on the premises of a medical marijuana business. e. Hours of Operation. All medical marijuana businesses shall be closed to the public, no persons not employed by the business shall be on the premises, and no sales or distribution of marijuana shall occur upon the premises or by delivery from the premises between the hours of 8:00 P.M. and 8:00 AM. 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 5. That Section 411.040 Glossary shall be amended such that new definitions are added and shall read as follows: MEDICAL MARIJUANA USE - The production, possession, delivery, distribution, transportation, or administration of marijuana or a marijuana-infused product, or drug paraphernalia used to administer marijuana or a marijuana-infused product, for the benefit of a Qualifying Patient to mitigate the symptoms or effects of the patient's qualifying medical condition. MARIJUANA - as defined in 19 CSR 30-95.010 Definitions. MARIJUANA-INFUSED PRODUCTS - Products that are infused with marijuana or an extract thereof and are intended for use or consumption other than by smoking, including, 9  but not limited to edible products, ointments, tinctures and concentrates. Section 6. That Section 404.200 ADP-O shall be amended as follows : Section 404.200. ADP-O , Adams Dairy Parkway Overlay District. B. Effect of Overlay District On Base District Regulations . The ADP-O District regulations apply in addition to the underlying (base) zoning district regulations to impose different development rules for properties within the Adams Dairy Parkway Corridor. In case of conflict between the ADP-O regulations of this Section and other regulations in this Development Code, the ADP-O regulations of this Section shall control. Where no special ADP-O regulation is stated, the regulations of the underlying base zoning shall control. 2.Non-residential zoning . Properties with the underlying zoning of NB, SO, GB, and LI shall comply with the following additional standards, except that Medical Marijuana Uses as defined in 411.030 and identified in the Land Use Table 405.030-1 shall not be classified as a Conditional uses subject to discretionary review in the ADP-O and shall be permitted per the Land Use Table and underlying zoning district. Section 7. That the Administrative Delay approved by City Council on January 7, 2019 is no longer necessary for planning and zoning applications with the adoption of these new medical marijuana regulations in the UDC and therefore is no longer in effect upon the passage of this Ordinance for planning and zoning applications only; the Administrative Delay remains in effect for other City applications including business licenses and building permit applications until additional Municipal Code changes are approved as necessary. Section 8. Scrivener' s Errors. Typographical errors and other matters of a similar nature that do not affect the intent of this ordinance, as determined by the City Clerk and City Attorney, may be corrected with the endorsement of the City Administrator without the need to come before the City Council. Section 9. That this Ordinance shall be in full force and effect from and after its passage and approval. PASSED by the Council of the City of Blue Springs, Missouri , and approved by the Mayor of Blue Springs , this 20 th day of May 2019. CITY OF BLUE SPRINGS ATTEST: ~ Carson Ross, Mayor 1st Reading : May 20, 2019 uliPorter, Deputy City Clerk 2nd Reading : May 20 , 2019 10