§ 403.140. Redevelopment In Designated Areas., Chapter 403. Development Review Procedures, Unified Development Code, Code of Ordinances, Blue Springs

Purpose. The purpose of these amendments to the City's UDC is to facilitate the redevelopment of commercially and industrially zoned areas of the City, while ensuring high quality development that is compatible with adjacent development in all parts of the City, by carefully evaluating redevelopment proposals within these areas toward the goal of providing safe, functional, aesthetically pleasing redevelopment that preserves the property values of adjacent development without creating unnecessary costs for redevelopers.

Specific Objectives. The regulations of this Section are designed to accomplish the above purpose by requiring that redevelopment proposals undergo plan review; authorizing the City Council to deviate from, modify and/or waive applicable zoning district regulations, property development standards, supplemental standards, performance standards, special use standards, operation standards, subdivision design and improvement standards, the general development standards of Chapter 407, and sign regulations of the City Code Chapter 501; and establishing review criteria to guide the City Council's discretion in deviating from or modifying these regulations and standards and/or granting waivers thereto. The following are specific objectives of these provisions:

Increase redevelopment opportunities in commercially and industrially zoned areas of the City;

Ensure a strong business climate within these areas by promoting quality design through a plan review process, providing latitude in using innovative and less costly techniques in the redevelopment of land that is not otherwise economically feasible to develop in accordance with the then current Unified Development Code and City Code requirements, and encouraging in-fill development in these areas;

Provide for high quality, comprehensively designed and developed commercially and industrially zoned areas that are well planned and well maintained by:

Encouraging the most appropriate use of developed land by providing over time better opportunities for redevelopment and improvement of individual sites in a manner compatible with adjacent development;

Protecting and enhancing property and building values and the value of City investments in older commercially and industrially zoned areas and maintaining and improving the tax base and fostering redevelopment;

Protecting extraordinary public investment in public infrastructure, public amenities and public facilities;

Securing more business development, job retention and growth in the City;

Providing increased opportunities for property owners to maximize their investment;

Increasing property taxes and other revenues to the City from the redevelopment of older commercially and industrially zoned areas; and

Implementing the Comprehensive Plan.

Applicability. The processes and procedures established by this UDC text amendment shall apply to all developed tracts of land within the City's jurisdictional boundaries that are shown on the Official Zoning District Map as being in the NB, SO, GB, RC, LI or HI zoning district or in any zoning district previously defined in the Unified Development Code that is no longer defined herein, e.g., "CB."

Application Requirements.

Any person who owns an existing business in the City and who desires to redevelop the property upon which that business is located [as the term "redevelopment" is defined in Subsection (D)(2) hereof] with deviation from, modification to and waiver of the applicable regulations, requirements and standards of the UDC and City Code shall submit a redevelopment modification plan application to the City for review, recommendation and action as required herein.

Redevelopment.

For the purposes of this Section only, "redevelopment" shall mean any development on a developed tract of land where more than fifty percent (50%) of its total square footage is currently encompassed by structure(s) or improvement(s), which development will, at a minimum, result in an increase:

(1)

In the amount of real estate taxes paid, respecting that tract of land, of fifty percent (50%) or greater;

(2)

In the amount of personal property taxes paid, respecting that tract of land, of fifty percent (50%) or greater;

(3)

In the amount of sales taxes paid, respecting that tract of land, of fifty percent (50%) or greater;

(4)

In the number of permanent full-time jobs located at the tract of land of fifty percent (50%) or greater; or

(5)

In any combination of Subsection (D)(2)(a)(1) through (4) above that totals fifty percent (50%); provided that with respect to this calculation and Subsection (D)(2)(a)(4) above, each new job shall be deemed to be equal to a one percent (1%) increase and the total percentage related to increased jobs shall be added to the other percentages.

Expansion of an existing structure or structures, if the expansion otherwise meets the definition in this Subsection, constitutes "redevelopment," provided that this expansion shall physically incorporate a minimum of fifty percent (50%) of the existing structure(s) located on the land covered by the redevelopment modification plan. In addition, a change in use that will cause the use to lose its non-conforming use status, pursuant to Section 405.080(B), constitutes redevelopment, as that term is used herein, if the above percentage increases will be met.

The redevelopment modification plan application shall include a redevelopment modification plan that clearly identifies each proposed deviation, modification and waiver of the applicable regulations, requirements and standards of the UDC and City Code. Except as provided in this Section 403.140, the redevelopment modification plan shall be in the form required for site plans by Section 403.070 of this UDC.

The redevelopment modification plan shall be accompanied by a statement specifically delineating by UDC and/or City Code Section and Subsection number each individual deviation from, modification to and waiver of the applicable regulations, requirements and standards of the UDC and/or City Code requested in the redevelopment modification plan. The statement shall include a reference to the redevelopment modification plan for each such deviation, modification or waiver that is of sufficient clarity to allow the Director to identify the proposed location for each requested deviation, modification or waiver. The statement shall also include a narrative description of the rationale for granting each requested deviation, modification or waiver.

The redevelopment modification plan shall also be accompanied by a statement (and such other information, plans or data as may be appropriate) explaining how the proposed redevelopment will be compatible with adjacent proposed or existing developments. The statement shall address considerations, including, but not limited to, the following:

Ingress and egress from the tract of land, street and internal traffic circulation within the tract of land and traffic circulation between the tract of land and adjacent tracts, including the potential for joint access easements and frontage and reverse frontage roads;

Uses of the tract, exterior and interior setbacks, lot sizes, building coverage, floor area ratio, structure heights, and outdoor storage and display;

Parking, including the potential for shared or common parking;

Building types and materials;

Buffering and streetscape, including street trees, and other landscaping on the tract(s), signage and street lighting fixtures; and

A traffic study, if required, as defined in the Public Works Design and Construction Manual, Transportation Impact Study Requirements.

To evidence the percentage increase in taxes and/or jobs, the applicant shall submit the following as a part of the redevelopment modification plan application.

To establish the baseline, the applicant shall submit:

(1)

If the applicant is claiming its development will meet the definition of redevelopment through the requisite percentage increase in real or personal property taxes, applicant's receipt(s) from Jackson County, Missouri, for payment of real or personal property taxes for its most recent fiscal year;

(2)

If the applicant is claiming its development will meet the definition of redevelopment through the requisite percentage increase in sales taxes, applicant's most recent sales tax return, Missouri Department of Revenue Form 53-1; or

(3)

If the applicant is claiming its development will meet the definition of redevelopment through the requisite percentage increase in permanent and full-time jobs, applicant's most recent Internal Revenue Service Form 941, Employer's Quarterly Federal Tax Return.

(4)

If the applicant is claiming its development will meet the definition of redevelopment through a combination of (1) through (3), then the applicant shall submit all three forms of supporting documentation.

To establish the projected increases in taxes and/or jobs, the applicant shall submit a notarized affidavit, signed by an authorized representative of applicant, stating the amount of real or personal property or sales taxes and/or new permanent and full-time jobs that the redevelopment proposed by the redevelopment modification plan will generate, and such additional documentation of the projected increase as the Director of Community Development, Planning Commission or City Council may require.

Deviation From, Modification To And Waiver Of Applicable UDC Regulations, Restrictions And Standards And Provisions Of The City Code.

A redevelopment modification plan applicant may propose a redevelopment modification plan that deviates from, modifies or waives one (1) or more of the following applicable regulations, restrictions or standards of the UDC and/or City Code:

The zoning district regulations for the NB, SO, GB, RC, LI and HI Districts and any zoning district previously defined in the Unified Development Code that is no longer defined herein, e.g., "CB," including the property development standards and supplemental standards applicable thereto;

The special use standards of Chapter 405 of this Title;

The accessory use development standards of Chapter 405 of this Title;

The subdivision design and improvement standards of Chapter 406 of this Title;

The general development standards of Chapter 407 of this Title; and

The sign standards of Chapter 501 of the City Code.

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. The uses permitted on any tract of land covered by a redevelopment modification plan may be voluntarily restricted by the applicant in the redevelopment modification plan application submitted in accordance herewith or restricted as a condition of approval of the plan application by the City Council.

Redevelopment Modification Plan Review, Recommendation And Action.

To initiate consideration of a proposed redevelopment on property where deviations from, modifications to and waivers of the applicable regulations, requirements and standards of the UDC and/or City Code are desired, the applicant shall participate in a pre-application conference with the Director of Community Development and other City Officials designated by the Director of Community Development. The purpose of this pre-application conference is to discuss the proposal and the applicable development review and approval procedures.

Upon completion of the pre-application conference, the applicant shall submit a redevelopment modification plan application to the Community Development Director. The Director shall review the redevelopment modification plan application to determine whether the development proposed in the redevelopment modification plan application constitutes redevelopment as that term is defined in Subsection (D)(2). If the Director determines that it does, the Director shall proceed with preparation of the staff report provided for in Subsection (F)(3). If the Director determines that it does not, the Director shall notify the applicant, in writing, within five (5) business days of this determination. This notification shall include the reasons for the Director's determination. The applicant may, within ten (10) business days, appeal an adverse Director's determination to the City Council. The notice of appeal shall be filed, in writing, with the Director and shall include the Director's determination and a statement of the grounds for the appeal. The City Council will hear the appeal within sixty (60) days of the date the written notice of appeal is filed with the Director. The decision of the City Council shall be final.

The Director of Community Development, with input from other City departments, shall prepare a staff report that reviews the redevelopment modification plan application in light of the Comprehensive Plan, the general requirements of the applicable UDC and City Code provisions, and the review criteria set forth in Subsection (F)(6) hereof. The Director of Community Development shall provide a copy of the report to the Planning Commission and the applicant at least three (3) days before the scheduled Planning Commission and City Council meetings at which the redevelopment modification plan application is to be considered.

The Planning Commission shall hold a public hearing on the redevelopment modification plan within sixty (60) days of the date that a complete application is filed, provided that required notice can be given within that time. At the close of the public hearing, the Planning Commission shall recommend approval, modified approval or denial of the redevelopment modification plan based on the review criteria set forth in Section 403.140(F)(6). After taking action, the Planning Commission shall transmit a written summary of its action and proceedings to the City Council. Notice of the public hearing shall comply with the requirements of all applicable applications.

Within thirty (30) days of the close of the Planning Commission public hearing, the City Council shall hold a public hearing on the redevelopment modification plan. The City Council shall act to approve, approve with modifications or deny the plan within sixty (60) days of the close of the City Council public hearing on the plan. Notice of the public hearing shall comply with the requirements of all applicable applications.

The City Council may only approve the redevelopment modification plan application if it finds that the redevelopment modification plan satisfies the following review criteria:

Redevelopment proposed by the redevelopment modification plan incorporates generally accepted sound planning principles and will provide sustainable value to the City;

Redevelopment proposed by the redevelopment modification plan effectively utilizes the land upon which the redevelopment is proposed;

Adequate access roads or entrances and exit drives will be provided and will be designed to prevent traffic hazards and to minimize traffic congestion in public streets and alleys;

Adequate utilities, drainage and other necessary services or facilities have been or will be provided to the redevelopment proposed by the redevelopment modification plan;

The location and size of the redevelopment, as proposed by the redevelopment modification plan, the nature and intensity of the operation involved in or conducted in connection with it, and the location of the site with respect to streets giving access to it are such that the redevelopment will not dominate the immediate neighborhood so as to adversely affect the development and use of neighboring property;

The redevelopment is reasonably compatible with existing or permitted uses on abutting sites in terms of building height, setbacks, exterior building design features and materials utilized, open spaces, bulk and scale, landscaping and buffering, parking and circulation features;

Approval of the redevelopment proposed by the redevelopment modification plan will not create an undesirable precedent;

The condition or value of property in the City or in the vicinity will not be adversely affected by the redevelopment proposed by the redevelopment modification plan;

The redevelopment would not occur but for the approval of the redevelopment modification plan application with the proposed deviations from, modifications to and waivers of the hereinbefore referenced regulations, restrictions and standards of the UDC and City Code;

The deviations, modifications and waivers proposed in the redevelopment modification plan are the minimum required to allow the proposed redevelopment to proceed;

The benefits to the City of the redevelopment, including, but not limited to, the tax revenues generated and the jobs created, outweigh the negative effects, if any, resulting from the approval of the redevelopment modification plan application with the proposed deviations, modifications and waivers;

The redevelopment proposed by the redevelopment modification plan will not be detrimental to the public health, safety or welfare or materially injurious to properties or improvements in the vicinity; and

Redevelopment proposed by the redevelopment modification plan furthers the goals, spirit and intent of this Section and of the UDC as a whole.

If the City Council approves a redevelopment modification plan application with modifications, it may designate specific requirements that must be satisfied to ensure the review criteria of Subsection (F)(6) are met before issuance of a building permit. The City Council may delegate to the Director of Community Development the authority to determine whether the specifically prescribed conditions attached to the approval have been satisfied by the applicant. As a condition of approval, the applicant may be required to execute a development agreement that is satisfactory to both the applicant and the City.

No separate vote on individual deviations, modifications or waivers proposed by the redevelopment modification plan is required for the City Council to approve the redevelopment modification plan application, though the City Council may choose to require separate votes on each. At its discretion, the City Council may evaluate the redevelopment modification plan application as a whole to determine whether the redevelopment it proposes satisfies the review criteria set forth hereinabove and the purposes of this Section.

Recordation Of Approved Redevelopment Modification Plans. The owner of property, with respect to which a redevelopment modification plan has been approved pursuant to this Section, shall record the approved redevelopment modification plan with the Jackson County Department of Records within thirty (30) days of the City Council approval of the redevelopment modification plan application. Failure to record the redevelopment modification plan within one (1) year shall render the approval of same void.

Successive Applications. In the event that the City Council denies a redevelopment modification plan application pursuant to this Section, a redevelopment modification plan application for the same or similar tract(s) of land shall not be refiled for one (1) year from the date on which the City Council denied the redevelopment modification plan application.

Relationship To Subdivision Design And Improvement Standards. Except as otherwise provided, the processing and consideration of a redevelopment modification plan application for land shall be separate from the platting procedures of Section 403.050, and the redevelopment modification plans shall not be construed as plats. Provided, however, if such redevelopment project requires platting or replatting pursuant to Section 403.050, the applicant may submit a combined preliminary and final plat that contains all the information for both required by Section 403.050 to the Community Development Director. The combined preliminary and final plat may include deviations from and modifications to the subdivision design and improvement standards of Chapter 406. In this instance, a staff report shall be prepared, as required by Section 403.010(A)(3)(c), and the combined preliminary and final plat shall be reviewed and acted upon by the Planning Commission and City Council as required by this Chapter 403, provided that the Planning Commission shall not recommend approval and the City Council shall not approve the combined preliminary and final plat unless each determines that, in addition to the requirements of Section 403.050, it satisfies the review criteria of Subsection (F)(6) hereof. If the City Council so determines, it may approve or conditionally approve the combined preliminary and final plat.

Expiration Of Approved Redevelopment Modification Plans. An approved redevelopment modification plan shall expire and be of no further effect if an application for a building permit for one (1) or more buildings shown on the approved redevelopment modification plan is not filed within one (1) year of the date that the redevelopment modification plan is approved.

Revised Redevelopment Modification Plans. Once the applicant has obtained redevelopment modification plan approval pursuant hereto, changes in that redevelopment modification plan may be made only after approval of a revised redevelopment modification plan.

Procedure for revised redevelopment modification plan applications:

An applicant that has received approval of a redevelopment modification plan may request approval of a revised redevelopment modification plan at least sixty (60) days prior to the date the validity of the redevelopment modification plan expires.

When an application for a revised redevelopment modification plan is filed, the Director of Community Development shall determine whether the revised redevelopment modification plan involves substantial changes or minor changes and shall notify the applicant, within seven (7) working days, of the nature of the requested changes and of the procedure that applies to consideration of the application for the revised redevelopment modification plan. The determination of the Director of Community Development may be appealed to the City Council whose decision shall be final.

Substantial changes to the approved redevelopment modification plan, as defined in Subsection (K)(5) hereof, may be approved only by the City Council. Review of substantial changes to the approved redevelopment modification plan shall follow the procedure for original review of a redevelopment modification plan application as set forth in this Section. No variance may be obtained from the redevelopment modification plan by any other review body.

Minor changes to the approved redevelopment modification plan, as defined in Subsection (K)(6), may be approved by the Director of Community Development.

No more than two (2) revised redevelopment modification plans may be approved that involve minor changes as defined in Subsection (K) hereof. Further revisions to the redevelopment modification plan may only be approved in accordance with the procedure for original approval of redevelopment modification plan applications set forth in this Section.

For purposes of this Section, "substantial change" to the approved redevelopment modification plan shall mean any change that is not a minor change, as defined below, or the extension of the expiration date of the redevelopment modification plan.

For purposes of this Section, "minor change" to the approved redevelopment modification plan shall mean any of the following changes:

Reconfiguration of building locations that do not change the architectural style of the project or buildings or alter the approved streetscape;

Increases in the number of lots to a number that is less than five percent (5%) of the number of lots originally approved;

Increases of lot coverage of less than five percent (5%);

Increases in the height of any building of less than ten percent (10%);

Decreases of any setback of less than five percent (5%); and

Decreases of areas devoted to open space of less than five percent (5%).

In determining whether to approve an application for a revised redevelopment modification plan, the criteria set forth in Subsection (F)(6) hereof shall be applied. In the event that the application for the revised redevelopment modification plan is denied, the previously approved redevelopment modification plan will remain in effect until it expires.

Redevelopment Modification Plan Approval Personal To Applicant — Transfer.

Any approval of a redevelopment modification plan shall be personal to the applicant and shall authorize only the development of the property as specified in the approved redevelopment modification plan. The approval shall not run with the land or be automatically transferable to any other person. No person, including the applicant, shall have any right to use the property for any purpose other than those specified in the approved redevelopment modification plan, except in accordance with Subsection (L)(2) hereof.

Once the applicant has obtained building permits for all development shown on the approved redevelopment modification plan and has made substantial investments in reliance on these building permits as determined by the Director of Community Development, rights in the redevelopment modification plan shall be deemed to run with the land and shall be transferable by the applicant to another person or entity, provided that the provisions of Section 405.080 on non-conformities shall thereafter be fully applicable to the development.

If the applicant wishes to convey the property, with respect to which a redevelopment modification plan has been approved, to another person prior to the issuance of building permits for all development and substantial reliance thereon, and such person desires to construct the improvements in accordance with the approved redevelopment modification plan, such person shall first obtain the approval of the Director of Community Development in accordance with the procedures set forth in Subsection (L)(4) hereof.

Such person, other than applicant, who desires to use the subject property in accordance with the approved redevelopment modification plan prior to issuance of building permits for all development and substantial reliance thereon shall submit a redevelopment modification plan application to the Director of Community Development as specified in Subsection (D) of this Section. The Director shall review the application and shall approve the transfer of the rights to use the property in accordance with the approved redevelopment modification plan if the Director determines that review criteria of Subsection (F)(6)(g) through (m) are met. This decision shall be submitted to such person, in writing, within seven (7) working days of issuance of the Director's determination.

Any person who is denied the right to construct improvements in accordance with a redevelopment modification plan approved pursuant to Subsection (L)(4) hereof, by the Director's determination, may appeal this decision to the City Council by submitting a written statement of the grounds for the appeal to the Director within three (3) working days of the issuance of the Director's determination. The City Council will hear the appeal within thirty (30) days of the date the written statement is submitted to the Director. The decision of the City Council shall be final.

Any person seeking the Director's approval, as provided in this Subsection (L)(4), which also desires a revision or revisions to the approved redevelopment modification plan, must obtain approval of a revised redevelopment modification plan by following the procedures for approval of a revised redevelopment modification plan as set forth in Subsection (K) hereof.

Issuance Of Building Permits. The Director of Community Development shall not issue a building permit for redevelopment on property, if the applicant is seeking deviations from, modifications to and waivers of the applicable regulations, requirements and standards of the UDC or the City Code, as provided for by this Section, until the City Council has approved a redevelopment modification plan for the subject redevelopment, and then only if the redevelopment modification plan approval is still valid pursuant to Subsection 403.140(J) hereof.

Verification That Project Increases Have Been Obtained By Applicant. Within thirty (30) days of the date that is one hundred eighty (180) days from the date the last certificate of occupancy issued by the City for the buildings shown on the applicant's approved redevelopment modification plan is issued, or on whatever date is the first available opportunity to do so, applicant shall submit to the Director of Community Development the following:

If the applicant's development met the definition of redevelopment, in whole or part, through the requisite percentage increase in real or personal property taxes, applicant's receipt(s) from Jackson County, Missouri, for payment of real or personal property tax for its most recent fiscal year showing the actual increases generated by the development; or

If the applicant's development met the definition of redevelopment, in whole or part, through the requisite percentage increase in sales taxes, applicant's most recent sales tax return, Missouri Department of Revenue Form 53-1, showing the actual increases generated by the development; or

If the applicant's development met the definition of redevelopment, in whole or part, through the requisite percentage increase in permanent and full-time jobs, applicant's most recent Internal Revenue Service Form 941, Employer's Quarterly Federal Tax Return, showing the actual increases generated by the development.

If the applicant's development met the definition of redevelopment, in whole or part, through a combination of Subsection (N)(1) through (3) above, then all supporting documentation for all three (3) categories shall be submitted for review.