REPORT TO PLANNING & ZONING COMMISSION - CITY OF MARYLAND HEIGHTS

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APPLICATION NUMBER APPLICATION (PROJECT) NAME APPLICANT NAME PROPERTY OWNER NAME CUP16-0003 CENTRAL POWER SYSTEMS & SERVICES, INC. Central Power Systems & Services, Inc. 900 Liberty Drive, Liberty, MO 64068 Lackland, LLC 13940 St. Charles Rock Road, Bridgeton, MO 63044 APPLICANT S REQUEST Amendment to Conditional Use Permit Ordinance 1995-989 to allow commercial and industrial machinery and equipment repair and maintenance to include outdoor storage and display. SITE LOCATION STREET ADDRESS PARCEL/LOCATOR NUMBER EXISTING ZONING DISTRICT TOTAL SITE AREA PLANNING AREA North side of Lackland Avenue adjacent to Page Avenue between Lackland Industrial Court and West Industrial Court. 11745A Lackland Road 15N420133 & 15N420177 M-1 Office, Service, and Light Manufacturing District 3.19 acres WESTPORT INDUSTRIAL PLANNING AREA PUBLIC HEARING January 26, 2016 REPORT ISSUED CASE MANAGER RECOMMENDATION Tom Blanchard, AICP APPROVAL

DESCRIPTION OF EXISTING SITE CONDITIONS The site is a 3.19 acre tract located between the north side of Lackland Road, and adjacent to the south side of Page Avenue, with Industrial Court and West Industrial Court to the east. The site is developed with a 14,590 square foot warehouse constructed in 1966. The site has 54 parking spaces in front of the building and several loading docks at the rear of the building. The property is currently vacant and connected to Lackland Road via a 500 feet long driveway. NEIGHBORHOOD CONDITIONS/LAND USE North of the site, across Page Avenue is an auto repair facility (Car-Doc). East of the site is a retail/warehouse facility (Sherwin-Williams Paint Store) which is adjacent to Schuetz Road. South of the site is a warehouse/distribution facility (Carpet, Cushions & Supplies). West of the site, is a multi-tenant office/ warehouse/distribution and service facility (Welsch Heating & Cooling). Large existing trees and shrubs screen subject tract from adjacent properties and Page Avenue to the north. REFER TO FIGURE 1 REFER TO FIGURE 2 ZONING CONTEXT The subject site and abutting properties to the north, east, south, and west are zoned M-1 Office, Service, and Light Manufacturing District. Properties 500 feet further to the west include PD-M and PD-C zoning districts. Properties to the northwest of subject tract and Page Avenue include PD-O and PD-M. REFER TO APPENDIX SUPPLEMENTAL MAPS AND EXHIBITS REFER TO FIGURE 3 EXISTING CONDITIONS MATRIX DIRECTION EXISTING LAND USE ZONING DISTRICT COMMENTS North Auto repair facility - Car Doc M-1 Across Page Avenue East Retail/warehouse M-1 Sherwin-Williams Paint Store South Warehouse/distribution M-1 Carpet, Cushions & Supplies West Multi-tenant office/warehouse/ distribution and service M-1 Welsch Heating & Cooling Central Power Systems & Services, Inc. PAGE 3

BACKGROUND AND REQUEST The current Ordinance 1995-989, authorized the Byrne & Jones Construction Company, including outdoor storage of materials and equipment. That use has vacated the site. The applicant proposes to establish an industrial machinery and equipment repair facility in the existing 14,590 square foot building. The applicant s narrative, which includes detailed information regarding the request, is included in the appendix of this report. In addition to being a wholesaler of industrial equipment, the applicant will repair and rent emergency generators and mobile light carts, which will be stored outside. The use will be open for business Monday through Friday from 7:00 a.m. to 5:00 p.m. with emergency service available 24 hours per day and 365 days per year. Twenty to thirty full-time employees are anticipated. ANALYSIS In presenting any application for a Conditional Use Permit, the applicant must demonstrate that the proposed use meets the burden of proof criteria contained in Section 25-5.8, Burden of Proof, of the Zoning Code. An analysis of the five criteria contained in the Code follows. 1. CONSISTENCY. THE CONDITIONAL USE IS DEEMED CONSISTENT WITH GOOD PLANNING PRACTICE IN THAT IT: A. ADVANCES THE GOALS, OBJECTIVES, AND POLICIES OF THE COMPREHENSIVE PLAN. B. ADVANCES THE PURPOSE AND INTENT OF THE UNDERLYING ZONING DISTRICT. C. MEETS THE REQUIREMENTS CONTAINED IN THE ZONING CODE FOR THE SPECIFIC USE. COMPREHENSIVE PLAN The site lies within the Westport Industrial Planning Area. The goals of this planning area applicable to the current request are as follows: Strengthen City image along highways and arterials. Encourage redevelopment of buildings and properties that are experiencing functional or economic obsolescence. Assist property owners/companies with renovations. Encourage and support commercial and light industrial development within an established land use pattern. The proposed use has no impact on City image as it cannot be seen from Page Avenue. The applicant proposes to use the existing site and building with minimal renovations. The proposed use of light industrial is appropriate at this location given the established land use pattern and the previous use of the property. M-1 DISTRICT The stated purpose of the M-1 Office, Service, and Light Manufacturing District is: This zoning district is composed of those areas of the City whose principal use is or ought to be general office, hotel, entertainment, light manufacturing, warehousing, and other limited industrial uses. These uses generate a minimum of noise, glare, odor, dust, vibration, air and water pollutants, fire, explosive, radioactive and other hazards, and harmful or obnoxious matter. PAGE 4 APPLICATION FOR CONDITIONAL USE PERMIT CUP16-0003

ANALYSIS (Cont.) REPORT TO PLANNING & ZONING COMMISSION The proposed use is consistent with the purpose of the M-1 District. It is light industrial in nature and generates a minimum of noise. The proposed use is low in intensity and can be accommodated at this location without resulting in substantial adverse impacts on surrounding properties. ZONING CODE REQUIREMENTS The Zoning Code does not contain any specific requirements for the proposed use, other than required parking. See additional discussion under Infrastructure on the next page. 2. OPERATIONAL IMPACTS. THE CONDITIONAL USE CAN BE OPERATED IN A MANNER THAT IS NOT DETRIMENTAL TO THE PERMITTED DEVELOPMENTS AND USES IN THE DISTRICT. IN DETERMINING THE IMPACTS OF THE PROPOSED USE ON SURROUNDING PROPERTIES, THE FOLLOWING FACTORS SHALL BE CONSIDERED: A. NOISE; B. ODOR; C. TRAFFIC; D. OPERATIONAL SCHEDULE; AND/OR E. OTHER SIMILAR FACTORS RELATED TO THE NATURE OF THE OPERATION. The use is normal intensity for this light industrial use, having twenty to thirty employees and will be open 9 hours per day, 5 days per week. No parking or traffic impacts are expected as the majority of the business will be repair and maintenance of transmissions and related products, with a wholesale component, that will not require additional parking beyond the existing 54 parking spaces. The business will occasionally be open for emergency service 24 hours per day and 365 days per year. 3. VISUAL IMPACTS. THE CONDITIONAL USE CAN BE DEVELOPED AND OPERATED IN A MANNER THAT IS BOTH VISUALLY COMPATIBLE WITH THE PERMITTED USES IN THE SURROUNDING AREA AND PROTECTS OR ENHANCES THE PUBLIC VIEWSHED. IN DETERMINING THE VISUAL IMPACT OF THE PROPOSED USE ON SURROUNDING PROPERTIES, THE FOLLOWING FACTORS SHALL BE CONSIDERED: A. DENSITY. EITHER THE NUMBER OF UNITS AND/OR SITE COVERAGE IN RESPECT TO THE IMMEDIATE NEIGHBORHOOD; B. MASSING AND SCALE. THE LOCATION, FLOOR AREA, AND/OR HEIGHT OF THE STRUCTURES ASSOCIATED WITH THE PROPOSED CONDITIONAL USE; AND C. SCREENING AND BUFFERS. THE USE OF LANDSCAPING, FENCING, SETBACKS OR OTHER DESIGN FEATURES TO MITIGATE THE VISUAL IMPACT OF THE PROPOSED CONDITIONAL USE. The proposed use will be visually compatible with surrounding properties. No changes to the site are proposed to accommodate the use other than signage. Sufficient landscape screening exists to buffer views from adjacent properties. The draft ordinace requires that all existing and proposed landscape screening shall be maintained and replaced as necessary to maintain screening from public view. 4. INFRASTRUCTURE. ADEQUATE FACILITIES EITHER EXIST OR WILL BE PROVIDED, INCLUDING BUT NOT LIMITED TO: A. ACCESS Central Power Systems & Services, Inc. PAGE 5

ANALYSIS (Cont.) B. PARKING AND LOADING C. EMERGENCY SERVICES D. UTILITIES E. DRAINAGE Sufficient infrastructure, including parking, is provided for the proposed use. A total of 54 parking spaces are provided for the 14,590 square foot building, producing a ratio of 3.70 parking spaces per 1,000 square feet of floor area. Warehouse parking is calculated at 0.5 parking spaces per 1,000 square feet of floor area, which would require a minimum of 7 parking spaces. This use has 20-30 employees, so the 54 existing parking spaces adequately cover parking requirements. 5. GENERAL WELFARE. THE CONDITIONAL USE IS DEEMED ESSENTIAL, CONVENIENT, OR DESIRABLE TO PRESERVE AND PROMOTE THE PUBLIC HEALTH, SAFETY, AND GENERAL WELFARE OF THE CITY OF MARYLAND HEIGHTS. The Conditional Use Permit promotes the general welfare of the community by providing an essential emergency service wholesaler to operate in Maryland Heights while protecting the public health, safety, and general welfare. PAGE 6 APPLICATION FOR CONDITIONAL USE PERMIT CUP16-0003

FINDINGS AND RECOMMENDATION CONSISTENCY WITH COMPREHENSIVE PLAN 1. The City Planner finds that the request is consistent with the Comprehensive Plan. CONSISTENCY WITH ZONING CODE 2. The City Planner finds that the request is consistent with the purpose of the M-1 Office, Service, and Light Manufacturing District. IMPACT ON NEIGHBORHOOD CHARACTER 3. The City Planner finds that the proposed use will not result in substantial adverse impacts on neighborhood character. BURDEN OF PROOF 4. Overall, the City Planner finds that the request meets the burden of proof criteria for Conditional Use Permits. RECOMMENDATION Based on the above findings, the City Planner recommends approval of Conditional Use Permit Application CUP16-0003, Central Power Systems & Services, Inc., subject to the conditions of the draft ordinance attached to this report. The draft ordinance repeals ordinance 1995-989 and enacts a new Conditional Use Permit in lieu thereof. Thomas Blanchard Planner Michael Zeek City Planner Central Power Systems & Services, Inc. PAGE 7

APPENDIX SUPPLEMENTAL MAPS AND EXHIBITS Central Power Systems & Services, Inc. PAGE 9

FIGURE 1: AERIAL PHOTOGRAPH PAGE 10 APPLICATION FOR CONDITIONAL USE PERMIT CUP16-0003

FIGURE 2: EXISTING LAND USE PATTERN Central Power Systems & Services, Inc. PAGE 11

PDO PDM PDC M-1 PDM FIGURE 3: ZONING MAP PAGE 12 APPLICATION FOR CONDITIONAL USE PERMIT CUP16-0003

Recommendation of Planning Commission BILL NO. ORDINANCE NO. 2016-DRAFT AN ORDINANCE REPEALING ORDINANCE 1995-989 ENACTING A NEW CONDITIONAL USE PERMIT IN LIEU THEREOF AUTHORIZING A COMMERCIAL AND INDUSTRIAL MACHINERY AND EQUIPMENT WHOLESALER AT 11457A LACKLAND AVE. (Petition of Central Power Systems & Services) 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: Conditional Use Permit Ordinance 1995-989 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 3.19 acre parcel of land located at 11745A Lackland Ave. with a legal description as follows: A tract of land being part of the subdivision in partition of the Caroline Kaatman Estate in Fractional Sections 26 and 27, Township 46 North, Range 5 East, St. Louis County, Missouri, and being more particularly described as: Beginning at a point in the North line of said Subdivision in Partition of the Caroline Kaatman Estate, said point being distant Eastwardly along said North line, South 89 degrees 35 minutes East 285.40 feet from the Northeast corner of a 5 acre tract of land conveyed to Fred W. Ahlemeier Realty Co., and John Langenbacker by deed recorded in Book 4852 page 614 of the St. Louis County Records; said point of beginning being also the Northeast corner of property now or formerly of Penrod-Reeves-Gastorf Co., Inc.; thence Eastwardly along said North line of the Subdivision in Partition of the Caroline Kaatman Estate, South 89 degrees 35 minutes East 95.03 feet to a point in the line dividing Sections 26 and 27, Township 45 North 0 degrees 29 minutes East 195.03 feet to a point; thence North 76 degrees 58 minutes 12 seconds East 44.72 feet to a point in the East line of said Subdivision in Partition of the Caroline Kaatman Estate; thence Southwardly along said East line South 7 degrees 50 minutes East 650.68 feet to a point thence South 82 degrees 3 minutes 58 seconds West 301.77 feet to a point in the East line of property now or formerly of Penrod-Reeves-Gastorf Co., Inc.; thence Northwardly along the East line of said property North 5 degrees 31 minutes West 344.45 feet and North 36 degrees 33 minutes 38 seconds East 173.04 feet to the point of beginning. City of Maryland Heights Ordinance No. 2016-DRAFT Page 1 of 4

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 USES A. All permitted land uses in the M-1 Office, Service, and Light Manufacturing District. B. The following uses shall be permitted, subject to the limitations set forth in this ordinance: 1. Industrial Machinery and Equipment Merchant Wholesaler (Land Use Code #423830 2. Outdoor Display of Rental Equipment (LUC 532000) 3. Commercial and Industrial Machinery and Equipment Rental and Leasing (LCU #5324) 4. Automotive Transmission Repair and Maintenance (LUC #811113) 5. Commercial and Industrial Machinery and Equipment Repair and Maintenance (LCU #811310) II. SPECIFIC DEVELOPMENT REQUIREMENTS A. Structure Setbacks - Any new structure, except dumpster enclosures, fences, retaining walls, light standards, signage or other structures as otherwise approved by the City Planner shall be in accordance with the Yard Requirements, of the M-1 Office, Service, and Light Manufacturing District. B. Access - Access to this site shall be provided from an existing curb cut on Lackland Road via a thirty (30) foot wide driveway easement recorded in Deed Book 5813, Page 62 of St. Louis County Records as directed by the City of Maryland Heights and the St. Louis County Department of Transportation. C. Parking and Loading 1. Any new 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 unlicensed vehicles, derelict vehicles, or vehicles unrelated to the permitted uses on the site shall be prohibited. D. Signs - All new or replacement signs shall be erected in accordance Article 15, Sign Regulations, of the Zoning Code. E. Landscaping - Landscaping shall be provided for proposed improvements in accordance with the provisions of Article 16, Landscaping Design Standards, of the Zoning Code. F. Lighting - All new or replacement lighting shall be erected in accordance with the provisions of Article 18, Lighting Design Standards, of the Zoning Code. G. Screening of Dumpsters and Recycling Containers All dumpsters and recycling containers shall be screened from view in accordance with the requirements of Section 25-25.4, Screening of Outdoor Storage, Mechanical Equipment, and Utilities, of the Zoning Code. H. Stormwater and Sanitary Sewers City of Maryland Heights Ordinance No. 2016-DRAFT Page 2 of 4

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 City of Maryland Heights. 2. Sanitary sewer facilities shall be provided in accordance with the requirements of the Metropolitan St. Louis Sewer District and the City of Maryland Heights. III. USE LIMITATIONS Outdoor Display of Rental Equipment shall be limited as follows: A. Said Display shall be limited to generators, mobile light towers, industrial air compressors and similar items. B. A maximum of forty (40) rental items may be stored/displayed outside at any given time. C. Said display shall be screened from Page Avenue (Route 364) and adjoining properties by existing vegetation. If said vegetation ever fails to provide sufficient screening, as determined by the City Planner, installation of additional landscaping may be required. D. No outdoor storage of parts or materials shall be permitted. IV. 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. V. MAINTENANCE A. The building and site shall be maintained in accordance with the Property Maintenance Code. B. Plant materials shall be maintained, 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. Section 4: This Ordinance shall be in full force and effect from and after its passage and approval. City of Maryland Heights Ordinance No. 2016-DRAFT Page 3 of 4

PASSED BY THE CITY COUNCIL THIS DAY OF 2016. MAYOR/PRESIDING OFFICER APPROVED BY THE MAYOR THIS DAY OF 2016. ATTEST: MAYOR CITY CLERK City of Maryland Heights Ordinance No. 2016-DRAFT Page 4 of 4