Recommendation of Planning Commission BILL NO. 3422 ORDINANCE NO. 2010-3365 AN ORDINANCE REPEALING CONDITIONAL USE PERMIT ORDINANCE 2010-3345 AND ENACTING A NEW CONDITIONAL USE PERMIT IN LIEU THEREOF TO PERMIT ADDITIONAL LAND USES AT 11829-11869 DORSETT ROAD (Petition of Dorsett Delord, LLC) WHEREAS, a Public Hearing was held before the Planning Commission regarding the proposed Conditional Use Permit contained in this Ordinance; and WHEREAS, the Planning Commission has determined that the proposed use satisfies the criteria for conditional uses as set forth in the Zoning Code of the ; and WHEREAS, the Planning Commission has recommended approval of the conditions contained in this Ordinance; and WHEREAS, the City Council has reviewed the recommendation of the Planning Commission and has determined that the Conditional Use Permit is appropriate. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MARYLAND HEIGHTS, MISSOURI, AS FOLLOWS: Section 1: Conditional Use Permit Ordinance #2010-3345 is hereby repealed. Section 2: A Conditional Use Permit is approved for real estate in the in the M-1 Office, Service, and Light Manufacturing District for a 2.88 acre parcel of land located at 11829-11869 Dorsett Road with a legal description as follows: A tract of land in the Northeast ¼ of Section 22, Township 46 North, Range 5 East, and described as follows: Beginning at intersection of the north line of Dorsett Road, with the east line of Delord Avenue, 40 feet wide, and running thence north 0 degrees 27 minutes east along the east line of Delord Avenue, 514.46 feet to the southwest line of the right of way of the Rock island Railroad, 100 feet wide; thence south 56 degrees 7 minutes East along the Southwest line of said right of way, 356.36 feet to a point; thence South 0 degrees 28 minutes West 318.23 feet to the North line of Dorsett Road; thence North 89 degrees 32 minutes West along said North line of Dorsett Road, 297.12 feet to the place of beginning according to survey made by Elbring Surveying Company during the month of April, 19960. Excepting therefrom that part conveyed to St. Louis County, Missouri by instrument recorded in Book 7171 Page 405 and Book 7859 Page 1148. Section 3: The Conditional Use Permit is granted subject to all rules and regulations and to conditions set forth for the property described in Section 2 as follows: I. PERMITTED AND CONDITIONAL USES A. All permitted land uses in the M-1 Office, Service, and Light Manufacturing District shall be permitted. B. The following uses are permitted within the existing building, subject to the conditions contained herein: Page 1 of 8
1. All uses contained under the Building and Development category (LUC #236) 2. Automotive parts and accessories store (LUC #44131). 3. All uses contained under the Durable Goods Merchant Wholesalers category (LUC #423). 4. Building Materials and Supplies Dealers (LUC #4441). 5. Home Centers (LUC #44411). 6. Hardware Stores (LUC #44412). 7. Antique Dealers (LUC #45331). 8. Art Dealers (LUC #45392). 9. Swimming Pool Equipment and Supplies (LUC #45394). 10. All uses contained under the Educational Services category (LUC #611). 11. Fitness and Recreational Sports Centers (LUC #71314). II. PLAN SUBMITTAL REQUIREMENTS Within sixty (60) days of the date of approval of the Conditional Use Permit Ordinance by the City Council, and prior to issuance of any building or occupancy permit, the petitioner shall submit to the City Planner for review and approval an existing conditions plan to serve as the Final Site Plan in accordance with Section 25-5, Conditional Use Permit, of the Zoning Code. Where due cause is shown by the petitioner, the time interval may be extended by the City Planner. III. SPECIFIC DEVELOPMENT REQUIREMENTS A. Height Requirements Any new structures shall meet the requirements of Section 25-11.10, M-1 Office, Service, and Light Manufacturing District, of the Zoning Code. B. Structure Setbacks - Any new structure, except dumpster enclosures, fences, retaining walls, light standards, signage or other structures as otherwise approved by the Planning Commission shall be in accordance with Section 25-11.10, M-1 Office, Service, and Light Manufacturing District, of the Zoning Code. C. Parking Setbacks - All parking and drive aisles shall be in accordance with Section 25-14, Parking and Loading Regulations, of the Zoning Code. D. Access/Circulation - Access to the site will be limited to the two existing curb cuts as follows: 1. One existing, two-way driveway off Dorsett Road; and 2. One existing, two-way driveway off Delord Avenue. Page 2 of 8
E. Parking Off-street parking spaces shall be provided in accordance with the provisions of Section 25-11.14, OD-C Overlay District-Corridor and Section 25-14, Parking and Loading Regulations, of the Zoning Code, except as follows: 1. Overnight parking of company vehicles is restricted to the parking lot behind the building. 2. The parking of vehicles unrelated to the permitted uses on the site shall be prohibited. 3. Shared Parking Any proposal to share parking spaces between uses shall be subject to the following: a. Prior to issuance of an occupancy permit, the applicant shall submit the following items for the review and approval of the City Planner: i. A shared parking study which clearly establishes that the required parking for the uses will occupy the shared parking spaces at different times of the day, week, month, or year; and ii. Filing and review fees as established by the City Council. b. The shared parking must meet the following burden of proof criteria: i. The uses sharing the parking are unlikely to produce a substantial demand for parking at the same time. ii. The shared parking will not adversely impact other uses on the site. F. Loading Requirements c. The occupancy permit shall be conditioned upon the information contained in the shared parking study. d. The applicant may appeal the City Planner s decision to the Planning Commission as per Section 3.IX, Rights of Appeal, of this ordinance. 1. Off-street loading spaces shall be provided in accordance with the provisions of Section 25-14, Parking and Loading Regulations, of the Zoning Code. 2. No loading or unloading activities shall take place at the rear of the building between the hours of 10:00 p.m. and 7:00 a.m. G. Lighting Requirements Any new or replacement lighting shall be in accordance with the provisions of Section 25-18, Lighting Design Standards, of the Zoning Code. H. Sign Requirements - All signs shall be erected in accordance with Section 25-15, Sign Regulations, of the Zoning Code except that no awning signs shall be permitted. I. Stormwater and Sanitary Sewers 1. Adequate provisions shall be made for the disposal of stormwater, in accordance with the specifications and standards of the Metropolitan St. Louis Sewer District and the. Page 3 of 8
2. Sanitary sewer facilities shall be provided in accordance with the requirements of the Metropolitan St. Louis Sewer District and the. J. Landscaping Landscaping shall be in accordance with Section 25-18, Landscaping Design Standards, of the Zoning Code. IV. EXTERIOR STORAGE, DISPLAY, OR ACTIVITIES A. Outdoor Storage of Materials or Equipment (LUC #23885) shall not be permitted except trash and recycling areas subject to the location and screening requirements of Section 25-25.4, Screening of Outdoor Storage, Mechanical Equipment, and Above Ground Utilities, of the Zoning Code. Materials or Equipment shall include, but not be limited to: 1. Vehicles other than licensed and operable on-road vehicles; 2. Trailers not attached to licensed and operable on-road vehicles; 3. Materials or other goods used or sold by the operation including, but not limited to, building or landscape materials; 4. Stockpiles of dirt, mulch, compost, fertilizer, hay, road salt, or firewood; 5. Brush, debris, trash, or junk; or 6. Pallets or delivery containers. B. Outdoor Display and Sales of Retail Products (LUC #44423) shall not be permitted, except as authorized by a Special Event Permit in accordance with Section 14-309, Special Events, of the Municipal Code. C. No activities, other than parking, loading, and unloading during normal business hours, shall take place outdoors, except as authorized by a Special Event Permit in accordance with Section 14-309, Special Events, of the Municipal Code. V. CONDITIONS RELATED TO SPECIFIC USES In addition to the other conditions prescribed by this ordinance, the permitted uses shall be limited as follows: A. Building and Development Contractors 1. As per Section 3.IV, Exterior Storage, Display, or Activities, of this ordinance, no parking or outside storage of construction vehicles or equipment, other than licensed and operable on-road vehicles, shall be permitted. 2. This use shall not occupy more than forty (40%) of the building s gross floor area. 3. Any finishing or assembly activity shall be limited to that which is accessory to the principal use. The following uses shall not be permitted in conjunction with this use: a. All uses in the Wood Product Manufacturing category (LUC #321). Page 4 of 8
b. Asphalt Paving, Roofing, and Saturated Materials Manufacturing (LUC #32412). c. All uses in the Nonmetallic Mineral Product Manufacturing category (LUC #327). d. All uses in the Fabricated Metal Product Manufacturing category (LUC #332). B. Auto Parts and Accessories Store Minor diagnostic services and refurbishment of the parts or accessories sold shall be permitted. However, uses within the Repair Services and Maintenances category (LUC #811) shall not be permitted in conjunction with this use. C. Durable Goods Merchant Wholesalers 1. Minor refurbishment of the products wholesaled is permitted. However, uses within the Repair Services and Maintenances category (LUC #811) shall not be permitted in conjunction with this use. 2. Merchant wholesaling of firearms shall require written notification to the Police Department prior to issuance of an occupancy permit. The use shall also be required to secure and maintain all licensing required by the Bureau of Alcohol, Tobacco, Firearms, and Explosives. D. Building Materials and Supplies Dealers, Home Centers, and Hardware Stores 1. No building material and supply dealer, home center, or hardware store may occupy more than forty percent (40%) of the building s gross floor area. 2. The following uses shall not be permitted in conjunction with these uses: a. Outdoor Power Equipment Stores (LUC #44421). b. Nursery, Garden Centers, and Farm Equipment Supply Stores (LUC #44422). However, limited sales of goods related to the above uses shall be allowed as accessory to the principal use provided that all sales and display of said items occur indoors. E. Antique Dealers 1. This use shall not occupy more than forty percent (40%) of the building s gross floor area. 2. The following uses shall not be permitted in conjunction with this use: a. New Car Dealers (LUC #44111). b. Used Car Dealers (LUC #44112). c. Recreational Vehicle Dealers (LUC #44121). d. Motorcycle, Boat, and Other Motor Vehicle Dealers (LUC #44122). e. Farm Vehicles and Equipment Dealers (LUC #44124). f. Aircraft Dealers (LUC #44125). Page 5 of 8
3. Minor refurbishment or restoration of the products sold is permitted. However, uses within the Repair Services and Maintenances category (LUC #811) shall not be permitted in conjunction with this use. 4. Antique shows, auctions, or other events may require a Special Event Permit in accordance with Section 14-309, Special Events, of the Municipal Code. F. Art Dealers 1. This use shall not occupy more than forty percent (40%) of the building s gross floor area. 2. Art shows, auctions, or other events may require a Special Event Permit in accordance with Section 14-309, Special Events, of the Municipal Code. G. Swimming Pool Equipment and Supplies 1. This use shall not occupy more than forty percent (40%) of the building s gross floor area. 2. The following uses shall not be permitted in conjunction with this use: H. Educational Services a. All uses in the Chemical Manufacturing category (LUC #325). b. All uses in the Machinery and Equipment Manufacturing category (LUC #222). 1. Prior to issuance of an occupancy permit for any proposed educational service use, the applicant shall submit an operational plan, for the review and approval of the City Planner. Said plan shall include: a. Hours of operation; b. Number of classes; c. Number of student seats; d. Number of faculty/staff; and e. Number and location of parking spaces devoted to this use. 2. The operational plan shall demonstrate compliance with the parking requirements of this ordinance. Failure to adequately demonstrate compliance will result in the denial of an occupancy permit. 3. If shared parking is necessary/proposed, the procedure shall be as set forth in Section 3.III.E.3, Shared Parking, of this ordinance. 3 I. Fitness and Recreational Sports Centers 1. This use shall not occupy more than forty percent (40%) of the building s gross floor area. 2. Prior to an occupancy permit for any proposed educational service use, the applicant shall submit an operational plan, for the review and approval of the City Planner. Said plan shall include: Page 6 of 8
a. Hours of operation; b. Total square footage; c. Square footage of open activity rooms; d. Square footage of athletic courts; e. Number of exercise stations or machines; f. Number of members; g. Number of faculty/staff; and h. Number and location of parking spaces devoted to this use. 3. The operational plan shall demonstrate compliance with the parking requirements of this ordinance. Failure to adequately demonstrate compliance will result in the denial of an occupancy permit. 4. If shared parking is necessary/proposed, the procedure shall be as set forth in Section 3.III.E.3, Shared Parking, of this ordinance. 3 5. Tournaments or other events may require a Special Event Permit in accordance with Section 14-309, Special Events, of the Municipal Code. VI. MISCELLANEOUS A. Every use, activity, process or operation on the site shall comply with the environmental performance standards prescribed in Section 25-17, Environmental Standards, of the Zoning Code. B. The storage of flammable and/or hazardous materials or chemicals shall be approved by the applicable Fire District. A letter of approval shall be provided to the City Planner. VII. MODIFICATIONS OR AMENDMENTS The requirements of this ordinance may be amended or modified in accordance with the provisions of Section 25-5.15, Amendments, of the Zoning Code with the following exception: A. Any proposed modification or amendment to Section 3.I, Permitted and Conditional Uses, and Section 3.V, Conditions Related to Specific Uses, of this ordinance shall require a public hearing before the Planning Commission in addition to the procedures outlined in Section 25-5.15, Amendments, of the Zoning Code. VII. GENERAL LIMITATIONS A. Penalties for failure to submit a Final Site Plan and noncompliance shall be governed by Section 25-5.17, Time Limit of Conditional Use Permit. B. No new business license or occupancy permit for the use(s) permitted herein shall be approved in connection with a change of owner/operator or expansion without verification by the City Planner that the use will continue to meet the conditions of this ordinance and Section 25-5.8, Burden of Proof, of the Zoning Code. IX. RIGHTS OF APPEAL A. In the event of a disagreement between any Developer and the City Planner as to the criteria or conditions set forth in this ordinance and/or the Zoning Code, such disagreement shall be Page 7 of 8
submitted to the Planning Commission for recommendation to the City Council, which shall make the decision on such disagreement, provided the Developer shall have the right to appeal such decision pursuant to the Zoning Code and to pursue any other available legal or equitable remedy. B. The applicant may apply to the Board of Adjustment to vary the requirements of this ordinance in accordance with the provisions of Section 25-9, Board of Adjustment, of the Zoning Code. Section 4: This Ordinance shall be in full force and effect from and after its passage and approval. PASSED BY THE CITY COUNCIL THIS 18 th DAY OF MARCH 2010. MAYOR/PRESIDING OFFICER APPROVED BY THE MAYOR THIS DAY OF MARCH 2010. ATTEST: MAYOR CITY CLERK Page 8 of 8