The subject property is located on Lot 1, Block 1, Hentges Industrial Park (approximately 39 acres) and is zoned Heavy Industrial (I-2). The site will be used by Sam's Club for a distribution facility.  

For this facility, the overall site improvements, including the existing and proposed trailer parking and employee parking spaces have been previously approved and constructed. To operate at this facility the Sam’s will typically drop a trailer at the site and hook up to a loaded trailer, then head out to the end stores for delivery location(s). Logistically this will require overnight parking of trailers at the truck docks, which was previously approved; however, it will also require overnight parking at the other trailer parking spaces at this facility as shaded and shown on the Site Plan submitted with this CUP request. Overnight trailer parking requested is typical for Walmart / Sam’s Club parking at their other facilities across the Country.

The city council has approved a Contract for Private Development with Sam's Club to lease this space and hire approximately 120 people at an average wage of $24/hour plus benefits. The city, in exchange, has agreed to abate the increase in property value of the proposed tenant improvements that will be permitted for a minimum of $8,000,000.  The abatement of the city's share of the increase is for nine years.

In this CUP, the draft resolution includes conditions requested by city staff to ensure compliance with the city code.

Findings

Section 151.011 (Conditional Use Permits), Subd. A (Criteria for Granting Conditional Use Permits) states “In granting a conditional use permit, the Board of Adjustment and Appeals shall consider the effect of the proposed use upon the health, safety, and general welfare of the occupants of surrounding lands and the City as a whole.”  The Board of Adjustment and Appeals shall not grant a conditional use permit without making certain 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       The City has not received any evidence that the proposed use 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 use complies with the conditions of the resolution. There are other CUP adjacent to the property for outdoor storage and the project is located in Heavy Industry Zone.

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 should not impede future development and improvement in the area, provided the use complies with the conditions of the resolution.

Criteria #3     Adequate utilities, access roads, drainage and other necessary facilities have been or will be provided;

Finding #3       The Board finds that adequate utilities, access, drainage and other necessary

 facilities have been or will be provided for the site, as conditioned in the resolution

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 Heavy Industry (I-2) Zone.

Criteria #5     The use is not in conflict with the Comprehensive Plan.

Finding #5       The use is not in conflict with the Comprehensive Plan (Industrial).

Staff reviewed the above criteria and have found that the proposal would meet the criteria, provided the conditions noted in the draft resolution are met.