Downtown Review Board

City Hall – Development Conference Room 128 903 W. Main Street, Blue Springs, MO 64015 DOWNTOWN REVIEW BOARD MEETING AGENDA Thursday, June 27, 2019 – 4:00 p.m. Board Members please call 816-228-0207 if unable to attend 1 CALL TO ORDER A. Approval of May 28, 2019 meeting minutes 2 REVIEW OF PROJECT APPLICATIONS A. Unified Development Code Text Amendments / UDCT-06-19-6984 / An Ordinance amending various sections and subsections of Title IV, Chapters 401-411, Unified Development Code of the Code of Ordinances of the City of Blue Springs to adopt additional regulations for the Zoning, Land Use, and Development Standards related to Medical Marijuana Uses and Facilities. 3 OTHER BUSINESS 4 ADJOURN If special accommodations are required for citizen participation in this meeting, PLEASE CALL 228-0207 (VOICE) OR 228-0250 (TDD) Agenda posted at the following locations: City Hall, 903 W. Main Street City’s website http://www.bluespringsgov.com/AgendaCenter June 26, 2019 A quorum of the City Council may be in attendance however no City Council votes will be taken. Karen Findora, Administrative Assistant Community Development 06.27.2019 Page 1 of 1 kf  City of Blue Springs 903 W. Main Blue Springs, Missouri 64015 Downtown Review Board MINUTES Tuesday, May 28, 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 28, 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 Lievsay, Councilmember, Dist.2 Jennifer Hauschild, Vice Chair Chris Sandie, Public Works Cindy Miller, Chairperson Jason Ellis STAFF/OTHERS Mike Mallon, Assist. Director Matt Wright, Senior Planner Jackie Sommer, City Attorney Teresa Evans, Eco. Dev. Karen Findora, Admin. Assistant Susan Culpepper, Councilmember Dist. 3 Pam Buck, Director, Downtown Alive! Vickie Jack, Board Member, Downtown Alive! 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 May 14, 2019, a second from Board Member Jackie Fairbanks , and a unanimous vote, the Minutes of May 14, 2019, were approved as submitted. AGENDA ITEM 2A / Matt Wright, Senior Planner, stated that before the Downtown Review Board DRB-05-19-6957 / “307 NW is a request for an approval for new 1,200-sf. garage addition to an existing 16th Street” / New garage single-family house. The addition will be attached to the existing home via a breezeway, and all setbacks have been met. Mr. Wright displayed a revised DRB Minutes –05.28.2019 Page 1 of 4 kf addition to existing single- plot plan showing the buildings on the lot. There is a 5’ X 10’ breezeway on family house the back side of the home, and a 30’ X 40’ garage on the back as well. There is a shed in the back that would be removed, and the garage addition would replace that. The building will consist of metal siding. Staff recommends approval and it meets all Downtown Development Code Standards. APPLICANT William Bowen, Owner Mr. Bowen stated that the garage that he is wanting to build will replace the one that is currently there. He stated that he is planning a four-step build. He wants to do this because of water that is collecting in his garage and running down his basement steps. Mr. Bowen stated that he wants to take out the existing driveway and replace it, as well as re-roof the entire house so it looks like one big house. He will add a patio, picture windows, French doors, and make it a sunken living room, dining room combo. QUESTIONS Board Member Ken Billups is concerned with the height and the looks of the new building. Mr. Bowen stated that the building would be a foot lower than the front of the house. The metal on the roof of the building will match the metal on the roof of the current home. Board Member Jackie Fairbanks asked what the surrounding area looked like. Mr. Bowen stated that he lives on a dead-end street and he is the end home. Member Billups asked if the home was visible from Vesper. Mr. Bowen stated that due to the tree line you can’t see much. Chairperson Miller stated that she would vote yes because its allowed in the code. She asked that it be tastefully constructed. MOTION Board Member Jackie Fairbanks moved to approve DRB-05-19-6957 with AGENDA ITEM 2A / staff’s recommendations. DRB-05-19-6957 / “307 NW 16th Street” / New garage addition to existing single- family house SECOND Seconded by Councilmember Kent Edmondson. VOTE Chris Sandie - Aye Kent Edmondson – Aye Thomas Cole – Aye Ken Billups, Jr. - No Jason Ellis - Aye Chris Lievsay – Aye Jennifer Hauschild, Vice Chairperson - No Jackie Fairbanks – Aye Cindy Miller, Chairperson - Aye (APPROVED 7-Aye, 2-No) AGENDA ITEM 2B / Mike Mallon, Assistant Director, Community & Economic Development “UDC amendments to discussed the proposed amendments to the UDC to adopt regulations for Section 404.240.E. zoning and land use regulations in relation to Medical Marijuana. Mr. Mallon (Permitted Uses) regarding stated a UDC Text Amendment was taken to the City Council at their work the location of medical session and the Development Advisory Commission. Their recommendation marijuana uses” was to allow Medical Marijuana dispensaries in the Downtown Development Code. The items were then heard by the Planning Commission and they recommended approval as well. The items were pulled from the City Council DRB Minutes –05.28.2019 Page 2 of 4 kf  so that the DRB could hear the request. The Ordinance was split, and a portion was approved, and the other portion was continued so that staff had time to meet with DRB and retrieve their recommendation. Mr. Mallon stated that there will most likely be other amendments to follow. This recommendation will only affect the Downtown Development Code. Staff is asking the Board if they would allow Medical Marijuana Dispensary’s in the DDC. QUESTIONS Member Billups asked if they could recommend any other changes. Mr. Mallon stated the recommendation that is made today is just the zoning and land use regulations. Any recommendation the Board makes can be forwarded to a future Code Amendments. Councilmember Susan Culpeper asked why it is limited to dispensaries and not labs. Matt Wright stated that looking at the T4 & T5 zoning district, that is generally the uses allowed in those districts. The Board would like to see dispensaries and live-work retail businesses. MOTION Board Member Ken Billups Jr. recommended the approval of UDC AGENDA ITEM 2B / Amendments to Section 404.240.E. (Permitted Uses) regarding the location “UDC amendments to of medical marijuana uses and to allow dispensaries and testing facilities in Section 404.240.E. the Downtown District as permitted use. (Permitted Uses) regarding the location of medical marijuana uses” SECOND Seconded by Board Member Jackie Fairbanks. VOTE Chris Sandie - Aye Kent Edmondson – Aye Thomas Cole – Aye Ken Billups, Jr. - Aye Jason Elis - Aye Chris Lievsay – Aye Jennifer Hauschild, Vice Chairperson - Aye Jackie Fairbanks – Aye Cindy Miller, Chairperson - Aye (APPROVED 9-Aye, 0-No) OTHER BUSINESS The Board would like to adopt a revised ordinance in the future. Modifications are listed below: • 0’ Buffer between churches, schools and daycares • Modify Live-Work spaces • Ground floor could be a dispensary or testing facility • Define churches per State • Look at Transportation uses MEETING ADJOURN With no further discussion, a motion was made by Councilmember Kent Edmondson to adjourn at 5:11 p.m. Seconded by Board Member DRB Minutes –05.28.2019 Page 3 of 4 kf  ____________________________ Respectfully Submitted by, Karen Findora, Recording Secretary ____________________________________ __________________________ Cindy Miller, Chairperson Date DRB Minutes –05.28.2019 Page 4 of 4 kf DATE: June 25, 2019 TO: Downtown Review Board FROM: Mike Mallon, Assistant Director, Community Development SUBJECT: Additional amendments to the Unified Development Code (UDC) to adopt regulations for the zoning, land use, and development standards related to medical marijuana uses and facilities The City adopted UDC Amendments for Medical Marijuana on May 20, 2019 and June 3, 2019, prior to the Department of Health and Senior Services (DHSS) releasing the final rules for medical marijuana operations in the State. As a result, the City needs to adopt additional amendments to the UDC to align with the final rules put forth by the DHSS. In addition, subsequent input from City Council and other community groups has incorporated into this latest set of UDC Amendments to regulate medical marijuana in the City. Attached to this Memorandum is DRAFT language to amend various Sections of the UDC. The anticipated timeline for adopting UDC Amendments for medical marijuana uses is identified below: 1. Review by the Development Advisory Commission: June 27, 2019 2. Review by the Planning Commission: July 8, 2019 Public Hearing 3. Review by the City Council: July 15, 2019 Public Hearing  Section 1. Section 405.030-1 Land Use Table shall be amended as follows: Table 405.030-1: Use Table Key: Residential Zoning Districts Non-Residential Zoning Districts = Permitted use / general standards = Limited use / specific standards or planned districts = Conditional use / discretionary review RE SF-12 SF-7 TF MF-10 MF-14 MF-18 N-L N-O NB SO GB RC HI PLOS LI Uses Industrial Medical Marijuana    Transportation Facility Medical Marijuana Testing     Facility Section 3. That Section 411.030, Use Groups and Descriptions of Uses, shall be amended such that the following definitions are added to Subsection 411.030.H, Industrial Use Group. MEDICAL MARIJUANA TRANSPORTATION FACILITY – A facility certified by the Missouri Department of Health and Senior Services to transport marijuana to a qualifying patient, a primary caregiver, a medical marijuana cultivation facility, a medical marijuana-infused products manufacturing facility, a medical marijuana dispensary facility, a medical marijuana testing facility, or another medical marijuana transportation facility. Section 4. That Section 405.050, Special Use Standards, shall be amended such that Subsection 405.050.A be amended and read as follows: A. The special use standards of this Section shall apply to permitted, conditional and accessory uses, as noted. Exceptions to these standards may only be considered for approval through the Conditional Use Permit process under Section 403.060 , if the city, at its' sole discretion, determines that sufficient evidence exists demonstrating that the exceptions to the standards are warranted due to unique physical or operational aspects of the use, and that strict application of these Special Use Standards is inappropriate or impractical for a certain use in a specific situation and would create unforeseen practical  difficulties for the property owner, and there will be no ill effects detrimental to the public health, safety, welfare, or public interest. Section 5. That Section 405.050, Special Use Standards, shall be amended such that Subsection 405.050.A.38, Medical Marijuana Uses, be amended and new Subsections 405.050.A.39, Medical Marijuana Transportation Facility and 405.050.A.40 Medical Marijuana Warehouses shall be added and shall read as follows: Section 405.050.A.38 Medical Marijuana Uses. Medical Marijuana Uses, not including Transportation Facilities, Dispensary, Testing Facilities, Marijuana-infused products manufacturing, and Cultivation testing facilities, shall be subject to the following standards and requirements. No building shall be constructed, altered, or used for a Medical Marijuana Use without complying with the following regulations. a. All Medical Marijuana Uses shall comply with Section 407.050 Operation and Performance. b. Buffer Requirement. No Medical Marijuana business shall be located within one thousand (1000) feet of an existing elementary or secondary school, licensed child day care center, or church. 1.In the case of a freestanding facility, the distance between the facility and the school, daycare, or church shall be measured from the external wall of the facility structure closest in proximity to the school, daycare, or church to the closest point of the property line of the school, daycare, or church. 2. In the case of a facility that is part of a larger structure, such as an office building or strip mall, the distance between the facility and the school, daycare, or church shall be measured from the property line of the school, daycare, or church to the facility’s entrance or exit closest in proximity to the school, daycare, or church. 3. Measurements shall be made along the shortest path between the demarcation points that can be traveled by foot. 4. For purposes of this section the term “church” shall be defined as is defined under 19 CSR 30-95.010 of the Missouri Constitution. c. Outdoor Operations or Storage Prohibited. All operations and all storage of materials, products, or equipment shall be within a fully enclosed building. No outdoor operations or storage shall be permitted. d. Onsite Usage Prohibited. No marijuana may be smoked, ingested, or otherwise consumed on the premises of a medical marijuana business. e. Hours of Operation. All medical marijuana businesses shall be closed to the public, no persons not employed by the business shall be on the premises, and no sales or distribution of marijuana shall occur upon the premises or by delivery from the premises between the hours of 8:00P.M. and 8:00 A.M. f. Display of Licenses Required. The medical marijuana license issued by the State of Missouri shall be displayed in an open and conspicuous place on the premises. g. Residential Dwelling Units Prohibited. No medical marijuana business shall be located in a building that contains a residence. h. Ventilation Required. All medical marijuana businesses shall install and operate a ventilation system that will prevent any odor of marijuana from 2  leaving the premises of the business. No odors shall be detectable by a person with a normal sense of smell outside the boundary of the parcel on which the facility is located. i. Site Plan Review Required. A site plan meeting the requirements of this Title shall be submitted for review and approval subject to the procedures of Section 403.070. Site Plan and Design Review. The site plan shall include a description of the ventilation system to be used to contain odors within the building. j. All facilities shall comply with Video Surveillance requirements Section 610.300 or as otherwise determined by the State regulations. k. Architecture. Any new development, building addition or exterior renovation for a medical marijuana use or facilities shall comply with Section 407.090. Non- Residential Design Standards. Exterior building facades shall be designed with high-quality materials to be complementary with the characteristics of the surrounding area in a way that contributes to the establishment of a positive character for the area. Strategies to achieve this include, but are not limited to, using similar or better-quality and complementary materials, colors or design details and using similar or complementary building shapes and/or forms. Section 405.050.A.39 Medical Marijuana Transportation Facility. Medical Marijuana Transportation Facilities shall be subject to the following standards and requirements. No building shall be constructed, altered, or used for a Medical Marijuana Use without complying with the following regulations. a. All Medical Marijuana Uses shall comply with Section 407.050 Operation and Performance. b. Buffer Requirement. No Medical Marijuana business shall be located within one thousand (1000) feet of an existing elementary or secondary school, licensed child day care center, or church. 1. In the case of a freestanding facility, the distance between the facility and the school, daycare, or church shall be measured from the property line of the facility to the closest point of the property line of the school, daycare, or church. 2. In the case of a facility that is part of a larger structure, such as an office building or strip mall, the distance between the facility and the school, daycare, or church shall be measured from the property line of the school, daycare, or church to the facility’s entrance or exit closest in proximity to the school, daycare, or church. 3. Measurements shall be made along the shortest path between the demarcation points that can be traveled by foot. 4. For purposes of this section the term “church” shall be defined as is defined under 19 CSR 30-95.010 of the Missouri Constitution. c. Outdoor Operations or Storage Prohibited. All operations and all storage of materials, products, or equipment shall be within a fully enclosed building. No outdoor operations or storage shall be permitted. d. Onsite Usage Prohibited. No marijuana may be smoked, ingested, or otherwise consumed on the premises of a medical marijuana business. e. Hours of Operation. All medical marijuana businesses shall be closed to the public, no persons not employed by the business shall be on the premises, and 3  no sales or distribution of marijuana shall occur upon the premises or by delivery from the premises between the hours of 8:00 P.M. and 8:00 A.M. f. Display of Licenses Required. The medical marijuana license issued by the State of Missouri shall be displayed in an open and conspicuous place on the premises. g. Residential Dwelling Units Prohibited. No medical marijuana business shall be located in a building that contains a residence. h. Ventilation Required. All medical marijuana businesses shall install and operate a ventilation system that will prevent any odor of marijuana from leaving the premises of the business. No odors shall be detectable by a person with a normal sense of smell outside the boundary of the parcel on which the facility is located. i. Site Plan Review Required. A site plan meeting the requirements of this Title shall be submitted for review and approval subject to the procedures of Section 403.070. Site Plan and Design Review. The site plan shall include a description of the ventilation system to be used to contain odors within the building. j. All facilities shall comply with Video Surveillance requirements Section 610.300 or as otherwise determined by the State regulations. k. Architecture. Any new development, building addition or exterior renovation for a medical marijuana use or facilities shall comply with Section 407.090. Non-Residential Design Standards. Exterior building facades shall be designed with high-quality materials to be complementary with the characteristics of the surrounding area in a way that contributes to the establishment of a positive character for the area. Strategies to achieve this include, but are not limited to, using similar or better-quality and complementary materials, colors or design details and using similar or complementary building shapes and/or forms. Section 405.050.A.40 Medical Marijuana Warehouses. Medical Marijuana Warehouses as described under 19 CSR 30-195.040 RsMO shall be subject to the same standards as the associated Medical Marijuana Use listed in Section 405.050.A. All warehouses associated with Medical Marijuana Uses are subject to the zoning requirements as listed in the Table 405.030-1 Use Table and permitted only in Storage - residential warehouse and Storage - warehouse/wholesale uses. Section 4. That Section 404.240.E Downtown Development Code shall be amended as follows: 404.240. Downtown Development Code D. Performance Standards. The intent of the DDC is to allow for a mixture of uses, often adjacent to or very close to each other. Issues of noise, trash and operational hours are to be closely coordinated. Specific standards include: 1. Businesses providing drive-up services shall not have a drive-through lane or window that abuts or faces a public street. 2. Outdoor eating areas for bars, taverns or restaurants are allowed on the public sidewalk in zones T4 and T5 where the paved sidewalk is a minimum of ten (10) feet 4  wide and the location is approved by the Director of Public Works. A minimum clear sidewalk width meeting ADA requirements shall be provided and maintained in an unobstructed condition. 3. Medical Marijuana a. Buffer Requirement. Medical Marijuana Dispensary and Testing Facility uses are exempt from the buffer requirements, as listed in 405.050.A.34 and 36, to an existing elementary or secondary school, licensed child day care center, or church. b. Medical Marijuana Dispensary and Testing Facility Uses may be located within a building that contains a residence as permitted in mixed-use buildings and live/work units. E. Permitted Uses And Uses Allowed By Conditional Use. Within the area covered by the DDC, a wide variety of uses and structures, from residential to commercial, are allowed or allowed by conditional use. All conditional uses and structures must be approved by the Downtown Review Board. Structures shall be regulated by T-zone. 1. Uses permitted in mixed-use and commercial building types. kk. Medical Marijuana Testing Facility 5