Discussion:
SITE INFORMATION
Applicant: Ferguson Enterprises, Inc.
Property Owner: Paul A. Sullwold Trust
Location: 1420 3rd Avenue West
Current Zoning: Highway Business (B1)
Adjacent Zoning: North: HighwayBusiness (B1)
South: Highway Business (B1)
East: Multiple Family (R3)
West: Highway Business (B1)
Comp. Plan: Commercial
Lot Size: 2.38 Acres
Ferguson Enterprises, Inc., made an application for a Conditional Use Permit to allow exterior storage of goods to be used in support of their proposed business operations at the site. The subject property is located in between Harrison Street South on the east frontage and 3rd Avenue West on the west frontage. The property is directly west of Riverview Park. The uses in the immediate area include similar operations such as Link Lumber directly to the South of this site, and storage operations directly west across from Old Brickyard Road. Ferguson Enterprises is a national supplier of plumbing, waterworks and HVAC products and has multiple other Twin Cities locations. This location will serve as more of a back of the house location, but will include retail and walk-up services as well. Ferguson will be signing a long term, 10-year, lease for this site which will help to bring stability to a site that has had recent vacancy issues.
The applicant has provided a descriptive narrative, proof of interest in the land, site plan and landscape plan for this proposal. The nature of the operation will be a wholesale and retail operation which will sell waterworks and plumbing products for contractors and residents in the area. There will be no new construction with this proposal aside from the applicant proposing to apply gravel to the proposed yard area, which will create a 1.21 acre impervious yard area for the exterior storage of product. This new impermeable surface combined with the existing surface to remain amounts to 1.6 acres of impermeable surface or 67% of the lot area. This percentage is under the maximum allowed impermeable surface for the B1 District which is 75%. The applicant has provided a stormwater management plan for engineering to display water runoff and mitigation measures which will be done on site to mitigate runoff from the new impervious surface. The applicant will be leasing the entire site for their operation and has provided a letter of intent with the property owner to lease the premises contingent on the approval of this Conditional Use Permit.
A CUP was approved on this site recently for a Vehicle Rental Facility for MN Auto Depot, LLC. The previous applicant was aware of the possibility of this site being utilized by a new user and they would be moving out at the time that Ferguson is ready to begin work on their new operation. As stated in Code Subsection 151.011(I), a CUP becomes void after 6 consecutive months of non-use of the approved operation. Since Ferguson will not be operating a vehicle rental facility, the CUP approved for MN Auto Depot will expire 6 months after they vacate the property.
The previous main user of the site, previous to MN Auto Depot LLC, was a plumbing and heating company which used the property for office and storage uses. This user left this location previously to MN Auto Depot moving in and a majority of the property is currently vacant. A Conditional Use Permit for vehicle repair was previously approved for this property in 2000 and is currently still being utilized by a small tenant in the building. Aside from MN Depot LLC, this is the one other small tenant on the property which will also move out once Ferguson is ready to move into the site.
Ferguson is proposing to utilize the existing parking lot on the south side of the property, which contains space for 20 parked vehicles. The split nature of the operation, retail and wholesaling, will require the applicant to provide at least 16 parking spaces for the operation. The 20 spaces provided will satisfy this requirement. The applicant is also meeting screening and setback requirements after staff comments requested these changes be made to the original submitted site plan. The applicant will be demolishing two small accessory structures as part of this project as displayed on the attached demolition plan.
FINDINGS
The criteria required for the granting of conditional use permits are listed below with staff findings.
Criteria #1 The use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the immediate vicinity;
Finding #1 Staff has received no evidence that the proposed exterior storage will be injurious to the use and enjoyment of other property in the immediate vicinity, nor would it substantially diminish or impair property values in the area, provided the conditions of the resolution are met. Sufficient landscaping and screening is being proposed for the eastern side of the property which faces residential uses.
Criteria #2 The establishment of the conditional use permit will not impede the normal and orderly development and improvement of surrounding vacant property for uses allowed in the area;
Finding #2 The conditional use permit, as proposed, will not impede future development and improvement in the area, provided the conditions of the resolution are met. Ferguson is a national firm which is planning on signing a long term lease for the site, this stability could help to make neighboring properties more desirable for future development.
Criteria #3 Adequate utilities, access roads, drainage and other necessary facilities have been or will be provided;
Finding #3 The applicant is utilizing an already developed property. Adequate utilities and access roads are provided at the site. The submitted storm water management plan indicate that adequate drainage will be provided with the increased impervious surface.
Criteria #4 The use is consistent with the purposes of the zone in which the applicant intends to locate the proposed use; and
Finding #4 The use of the subject property is consistent with the purposes of the Highway Business (B-1) Zone, commercial use and development. A retail and wholesaling business meets this definition.
Criteria #5 The use is not in conflict with the Comprehensive Plan.
Finding #5 The use is not in conflict with the Comprehensive Plan which designates commercial uses for this property.