Recommendation of Planning Commission BILL NO. 4238 ORDINANCE NO. 2016- 4175 AN ORDINANCE REPEALING ORDINANCE 2014- 3949 AND ENACTING A NEW CONDITIONAL USE PERMIT IN LIEU THEREOF TO PERMIT A MACHINE SHOP AT 2316 SCHUETZ ROAD ( Petition of Pohlman, LLC with the consent of LDDC, Ltd.) 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 development 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BY THE CITY COUNCIL OF THE CITY OF MARYLAND HEIGHTS, MISSOURI, AS FOLLOWS: Section 1: Ordinance 2014- 3949 is hereby repealed. Section 2: 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 6. 74 acre parcel of land located at 2316 Schuetz Road with a legal description as follows: A tract of land being Lot 8 and part of Lot 9 of Westport Industrial Subdivision 1" Addition, according to the plat thereof recorded in Plat Book 106 pages 12 and 13 of the St, Louis County Records in Township 46 North, Range 5 East, St. Louis County, Missouri and being more Beginning at the intersection of the South line of Lot 2 of particularly described as: Resubdivision of part of Lot 7 of Westport industrial Subdivision 1 st Addition and part of U. S. Survey 358, a subdivision according to the plat thereof recorded in Plat Book 257 page 19 of the St. Louis County Records, with the East line of Schuetz Road 60 feet wide, said point being also the Northwest corner of aforesaid Lot 8 thence Eastwardly along the said South line of Lot 2, North 87 degrees 25 minutes 00 seconds East 489. 77 feet to the Northeast corner of said Lot 8; thence along the East line of said Lot 8 and Lot 9 the following course and distances; South 31 degrees 18 minutes 00 seconds East 34. 56 feet, South 07 degrees 50 minutes 00 seconds East 59. 70 feet, South 07 degrees 44 minutes 00 seconds East 28. 63 feet, South 32 degrees 13 minutes 00 seconds 67. 62 feet, South 08 degrees 46 minutes 00 seconds West 107. 00 feet, South 32 degrees 06 minutes 00 seconds East 120. 75 feet, South 25 degrees 18 minutes 00 seconds East 47. 83 feet and South 23 degrees 10 minutes 00 seconds 55. 94 feet to the Northeast corner of property conveyed to Alberta White Trustee, recorded Parcel No. 1 in Deed Book 6724 page 137 of the St. Louis County Records: thence Westwardly along the North line of said White property, City of Maryland Heights Ordinance No. 2016- 4175 Page ] of 3 South 60 degrees 50 minutes 00 seconds West 465. 47 feet to a point in the aforesaid East line of Schuetz Road, 60 feet wide; thence Northwardly along the said East line of Schuetz Road, 60 feet wide the following courses and distances, North 29 degrees 10 minutes 00 seconds West 219. 83 feet, along a curve to the right whose radius point bears North 60 degrees 50 minutes 00 seconds East 1038. 28 feet from the last mentioned point, distance of 481. 13 feet and North 02 degrees 36 minutes 00 seconds West 31. 20 feet to the point of beginning according to a survey by Volz, Inc. during November, 1998. EXCEPTING THEREFROM that portion conveyed to St. Louis County, Missouri by instrument recorded in Book 13548 page 709. 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 I as follows: I. II. PERMITTED USES A. All B. A Machine permitted land uses Shop ( LUC in the " M- 1" Office, Service, and Light Manufacturing District. 4 332710), subject to the limitations set forth in this ordinance. USE LIMITATIONS The Machine Shop shall be limited as follows: A. All activities( other than parking and loading) shall be performed inside the building. B. No outdoor storage of parts, equipment, or materials shall be permitted. C. The outside storage or parking of vehicles unrelated to the permitted use( s) on the site shall be prohibited. D. III. The occupant shall secure and maintain all necessary certifications from the Occupational Safety and Health Administration ( OSHA), Maryland Heights Fire Protection District, St. Louis County, and other applicable agencies/ entities. GENERAL LIMITATIONS A. Penalties for 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. City of Maryland Heights Ordinance No. 2016- 4175 Page 2 of 3 IV. 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. V. 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 this ordinance. Section 4: This Ordinance shall be in full force and effect from and after its passage and approval. PASSED BY THE CITY COUNCIL THIS 20TH DAY OF OCTOBER 2016. MAY / PRESIDING OFFICER DAY OF OCTOBER 2016. APPROVED BY THE MAYOR THIS Laj7z' 16 " 4 MAYOR ATTEST: r CIT LAND P tiF c y CL RK 91, O c qL SEAL City of Maryland Heights Ordinance No. 2016- 4175 Page 3 of 3
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