to St. Louis County by deed recorded in Book 7954, Page 235 in the St. Louis County, Missouri

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1 Recommendation of Planning Commission BILL NO ORDINANCE NO AN ORDINANCE ENACTING A CONDITIONAL USE PERMIT FOR AN ELECTRICAL SUBSTATION AT DORSETT ROAD Petition of Ameren Missouri) 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 ; 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: A Conditional Use Permit is approved for real estate in the in the M- 1" Office, Service, and Light Manufacturing District for a 4.6 acre parcel of land located at Dorsett Road with a legal description as follows: Part of Lots 4, 5, 6, 7 and 8 of High Ridge Heights Addition per plat recorded in Plat Book 46, Page 13 in the St. Louis County, Missouri land records lying in Fractional Section 23, Township 46 North, Range 5 East of the Fifth Principal Meridian, being the same tract of land conveyed to Union Electric Company d/ b/ a Ameren Missouri by deed recorded in Book 19632, Page 38 in said land records and being more particularly described as follows: Beginning at an iron pin on the South right-of-way line of Dorsett Road at the Southwest corner of a tract of land conveyed to St. Louis County by deed recorded in Book 7954, Page 235 in the St. Louis County, Missouri land records; Thence along and with said right-of-way line as follows: North " East a distance of feet to a chiseled cross; North 89' 12' 31 " East a distance of feet to a chiseled cross; South 00 34'26" East a distance of feet to an iron pin; North 89 25' 34" East a distance of feet to an iron pin at a point of curvature; Southeasterly along the arc of a curve to the right having a radius of feet and a central angle of 10 36' 57" a distance of feet( chord bearing and distance South 85 15' 58" East, feet) to a chiseled cross; Southeasterly along the arc of a curve to the right having a radius of and a central angle of 09 51' 42" a distance of feet( chord bearing and distance= South 73 27' 26" East, feet) to a chiseled cross; Southeasterly along the arc of a curve to the right having a radius of and a central angle of 04 40' 06" a distance of feet( chord bearing and distance= Page 1 of 5

2 South 64 37' 55" East, feet) to a chiseled cross; South 62 17' 26" East a distance of feet to the Northwest line of Lot 9 of aforesaid High Ridge Heights Addition, from which an iron pipe bears South 27 42' 36" West a distance of feet; Thence leaving said right-of-way line South 27042'36" West along said Northwest line of Lot 9 a distance of feet to the most Western corner thereof and being the most Southern corner of aforesaid Lot 8; Thence North 62 17' 26" West along the Southwest line of said Lot 8 and the Southwest line of aforesaid Lot 7 a distance of feet to the Southwest corner of said Lot 7 and being the Southeast corner of aforesaid Lot 6; Thence South ' 34" West along the South line of Lot 6 and the South line of aforesaid Lot 5 and Lot 4 a distance of feet to an iron pipe at the Southwest corner of said Lot 4 and being the Southeast corner of Lot 3 of aforesaid High Ridge Heights Addition; Thence North 00 34'26" West along the East line of said Lot 3 a distance of feet to the beginning containing acres and subject to any easements, restrictions or reservations on record or now in effect. Section 2: The Conditional Use Permit is granted subject to all rules and regulations and to conditions set forth for the property described in Section 1 as follows: I. PERMITTED USES A. All permitted land uses in the " M- 1" Office, Service, and Light Manufacturing District shall be permitted. B. Electric Power Generation, Transmission, and Distribution ( LUC# ) in the form of an electrical substation shall be permitted, subject to the limitations set forth in this ordinance. II. PLAN SUBMITTAL REQUIREMENTS Within ninety ( 90) days of the date of approval of the Conditional Use Permit Ordinance by the City Council, and prior to the issuance of a building permit, the applicant shall submit to the City Planner for review and approval a Final Site Plan. Where due cause is shown by the applicant, the time interval may be extended by the City Planner. Said Plan shall include, but not be limited to the following: A. North arrow and scale. B. Location of all existing and proposed structures relative to property lines. C. Location of all streets abutting the site, internal roadways or drive aisles, parking areas, and rights- of-way curb cuts or other designated access points. D. Location of the proposed electrical substation. E. Existing and proposed landscaping. F. Existing and proposed walls and fencing including type and height. Page 2 of 5

3 G. General restoration plan for the former substation site. H. Final Site Plan script. III. SPECIFIC DEVELOPMENT REQUIREMENTS A. Structure Setbacks 1. Setbacks for structures other than fences and signs shall be in accordance with the Yard Requirements, of the" M- 1" Office, Service, and Light Manufacturing District. 2. The substation shall be set back a minimum of two hundred ( 200) feet from the Dorsett Road right-of-way. B. Access - Access to this site from Dorsett Road is subject to the review and approval of the St. Louis County Department of Highways and Traffic. C. Parking and Loading 1. Parking spaces, loading spaces, or internal drives shall be in accordance with Article 14, Parking and Loading Regulations, of the Zoning Code. 2. The outside storage or parking of vehicles unrelated to the permitted uses on the site shall be prohibited. D. Sims- All signs shall be in accordance Article 15, Sign Regulations, of the Zoning Code. E. Landscaping- Landscaping shall be provided in accordance with the provisions of Article 16, Landscaping Design Standards, of the Zoning Code except as follows: 1. A double alternating row of evergreen trees shall be provided along the northern and eastern sides of the substation in a manner consistent with the plans included in the City Planner' s Report to the Planning Commission dated January 22, Substantial deviations shall be subject to the review and approval of the Planning Commission. 2. A minimum of two ( 2) canopy trees shall be installed along the Dorsett Road rightof-way in locations approved on the Final Site Plan. F. Lighting- Lighting shall be in accordance with Article 18, Lighting Design Standards, of the Zoning Code. G. Fencin 1. A black vinyl- coated chain link fence shall be required surrounding the substation. 2. Barbed wire shall be permitted for security and safety. Page 3 of 5

4 3. The fence shall not exceed eight( 8) feet in height, not including the barbed wire. H. Stormwater and Sanitary Sewers 1. If required, adequate provisions shall be made for the disposal of stormwater in accordance with the specifications and standards of the Metropolitan St. Louis Sewer District. 2. If required, sanitary sewer facilities shall be provided in accordance with the requirements of the Metropolitan St. Louis Sewer District. IV. GENERAL LIMITATIONS A. Penalties for failure to submit a Final Site Plan, noncompliance, and abandonment shall be governed by Section , 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. V. MAINTENANCE A. The site shall be maintained in accordance with the Property Maintenance Code. B. Existing and proposed trees and other plant material shall be maintained or replanted as determined by annual inspection of the site by the City Planner or his/ her 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. The former substation at the corner of Dorsett Road and Industrial Drive shall be removed and the site shall be restored in accordance with the approved Final Site Plan within six ( 6) months of the completion of this substation. Extension of this deadline is subject to the review and approval of the Planning Commission. Page 4 of 5

5 Section 3: This Ordinance shall be in full force and effect from and after its passage and approval. PASSED BY THE CITY COUNCIL THIS 5`h DAY OF FEBRUARY MAYOR/ PRESIDING OFFICER APPROVED BY THE MAYOR THIS_ ' f DAY OF FEBRUARY ATTEST: A. MAYOR C CI LERK Q t- 1EIGyTS Q N C OFFIC\ Page 5 of 5