Recommendation of Planning Commission
ORDINANCE NO. 2015- 4057
BILL NO. 4119
AN ORDINANCE REPEALING ORDINANCES 1999- 1575, 2002- 2143, AND 2006- 2792 AND
ENACTING A NEW CONDITIONAL USE PERMIT ORDINANCE IN LIEU THEREOF FOR A
RESTAURANT WITH OUTDOOR STORAGE AT 11658 DORSETT ROAD
Petition of Hutkin Development Company)
WHEREAS, the Planning Commission has determined that the proposed use is in general
conformance with the goals of the Comprehensive Plan of the City of Maryland Heights; 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 City of Maryland Heights; 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:
Ordinances 1999- 1575, 2002- 2143, and 2006- 2792 is hereby repealed.
A Conditional Use Permit is approved for real estate in the City of Maryland Heights in the
M- 1" Office, Service, and Light Manufacturing District for a 1. 18 acre parcel of land located at 11640-
Section 2:
11658 Dorsett Road with a legal description as follows:
A tract of land in Section 23, Township 46 North, Range 5 East, St. Louis County, MO;
and being adjusted Lot 2 of Boundary Adjustment Survey Dorsett Fee Fee Subdivision
recorded in Plat Book 171 page 36 of the St. Louis County records and being more
particularly described as follows:
Beginning at the intersection of the south line of Dorsett Road, 60 feet wide, with the
east line of Fee Fee Road, 40 feet wide, thence along said south line of Dorsett Road,
South 89 degrees 22 minutes East, 234. 64 feet to a point, thence South 26 degrees 07
minutes West, 337. 93 feet to a point, thence North 36 degrees 06 minutes 15 seconds
West, 326. 14 feet to a point in the east line of Fee Fee Road, thence along said east line
of Fee Fee Road North 52 degrees 58 minutes 20 seconds East, 206.49 feet to the point of
beginning, excepting therefrom that part conveyed to St. Louis County, Missouri, for the
widening of Dorsett Road and for the widening of Fee Fee Road, according to instrument
recorded in Book 7071 page 903 of the St. Louis County Records, according to survey
executed by Stolwyk and Ferrenbach, Inc. dated October 19, 1989.
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:
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Ordinance No. 2015- 4057
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I.
II.
PERMITTED USES
A.
All permitted land uses in the" M- 1" Office, Service, and Light Manufacturing District.
B.
Two( 2) Take Out Restaurants ( LUC# 722513).
C.
A Fast Food Restaurant( LUC # 722516).
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 an occupancy permit for the fast food restaurant with
outdoor storage, the applicant shall submit to the City Planner for review and approval a Final
Site Plan. Where due cause is shown by the petitioner, the time interval may be extended by the
City Planner. Said Final Site Plan shall depict the location and design of the outdoor storage area
discussed in Section 3. IV. B of this ordinance.
III.
SPECIFIC DEVELOPMENT REQUIREMENTS
A.
Parking and Loading
1.
Off-street parking shall be provided in accordance with Article 14, Parking and
Loading Regulations, of the Zoning Code.
2.
Any new parking spaces, loading spaces, or internal drives shall be in accordance
with Article 14, Parking and Loading Regulations, of the Zoning Code.
3.
The outside storage or parking of vehicles unrelated to the permitted uses on the site
shall be prohibited.
B.
IV.
Screening of Dumpsters and Recycling Containers — All dumpsters and recycling
containers shall be screened from Fee Fee Road and/ or Dorsett Road in accordance with
the requirements of Section 25- 25. 4,
Screening of Outdoor Storage, Mechanical
Equipment, and Utilities, of the Zoning Code.
USE LIMITATIONS
The Fast Food Restaurant shall be limited as follows:
A.
The restaurant shall be limited to twenty( 20) seats and 1, 200 square feet
B.
Outdoor storage in conjunction with the restaurant shall be permitted as follows:
1.
The location, extent, and design of the outdoor storage area shall be subject to the
review and approval of the City Planner on the Final Site Plan.
2.
One ( 1) parking space may be used for the storage of a portable smoker, firewood,
and propane.
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3.
The parking space shall be surrounded with a black aluminum fence a minimum of
forty-two ( 42) inches in height.
4.
The firewood and propane shall be contained within a sight- proof black metal box a
maximum of thirty( 30) square feet in area and forty-two ( 42) inches in height.
5.
The portable smoker may include an awning as long as said awning is attached solely
to the portable smoker.
6.
No business identification signage shall be permitted in the outdoor storage area.
7.
With the exception of a temporary banner in accordance with Section 25- 15. 16,
Temporary Banners and Inflatables, of the Zoning Code, no advertising signage shall
be permitted in the outdoor storage area.
V.
GENERAL LIMITATIONS
A.
Penalties for failure to submit a Final Site Plan, noncompliance, and abandonment shall
be governed by Section 25- 5. 17, Time Limit of Conditional Use Permit.
B.
In the event of a disagreement between any owner/operator and the City Planner as to
whether the use of the site meets the criteria or conditions set forth in this ordinance, such
disagreement shall be 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 Article 9, Variances, of
the Zoning Code and to pursue any other available legal or equitable remedy.
VI.
MAINTENANCE
A.
The building and site shall be maintained in accordance with the Property Maintenance
Code.
B.
Landscaped
areas
shall
be properly
maintained.
Plant materials shall be replaced or
replanted as determined by annual inspection of the site by the City Planner or his
assigns.
VI.
MISCELLANEOUS
A.
Every use, activity, process or operation on the site shall comply with the performance
standards prescribed in Article 17, Environmental Standards, of the Zoning Code.
B.
No new business license or occupancy permit for the conditional 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 of the site will continue to meet the
conditions of Section 25- 5. 8, Burden of Proof, of the Zoning Code.
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Section 4: This Ordinance shall be in full force and effect from and after its passage and approval.
PASSED BY THE CITY COUNCIL THIS 5TH DAY OF NOVEMBER 2015.
MAYOR/ PRESIDING OFFICER
APPROVED BY THE MAYOR THIS
54L-
DAY OF NOVEMBER 2015.
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