Consider Resolution #18-090 Granting a Conditional Use Permit for Light Manufacturing at the Property Located at 6111 Highway 10 NW (Project No. 18-113); Case of Baker White, Inc.

In late December, 2017, Baker White Inc. (the "Applicant") submitted a building permit application for tenant improvements at 6111 Highway 10 NW (the "Subject Property") to create a new product known as Sample Sticks. After multiple discussions with the City Attorney's office, it was determined that the improvements were for a use that is classified as Light Manufacturing, which is not permitted in the H-1 Highway 10 Business District (the zoning district in which the Subject Property is located). Staff relayed this information to the Applicant, as well as the owner of the property, and after multiple conversations, as well as an update to the City Council, the Applicant proceeded to apply for both a Zoning (text) Amendment to permit Light Manufacturing as a Conditional Use and a Conditional Use Permit (CUP) for this use.

City Staff attempted to notify all property owners within 350 feet of the Subject Property of the request via U.S. mail and published a notice of public hearing in the Anoka Union Herald, the City's official newspaper.

The Subject Property is located within the H-1 Highway 10 Business District. There is a multi-tenant retail building facing Highway 10 and mini-storage units in the rear (screened from view from the highway by the retail front). The Applicant occupies multiple suites within the multi-tenant building: one as Baker White's primary offices, one as a clean room where they mix solutions used in e-cigarettes (which is also considered Light Manufacturing), and a third where presently, it is used for warehousing and, if the Zoning Amendment and CUP are approved, would be partially converted for Light Manufacturing of their Sample Sticks. Based on information provided by the Applicant, production of the Sample Sticks essentially involves melting a crystalized product in a microwave, dipping a small plastic stick (similar to a coffee stir stick) into the liquid, and then placing the sticks on pans so that the produce can re-harden.

The current uses, including the mixing of solutions within a 'Clean Room', have been occurring within the building now for almost five (5) years with no known nuisance issues. Last year, the Applicant did install fire suppression within portions of their suites to comply with a fire safety inspection that occurred early in 2017.

Neither the proposed Light Manufacturing (production of Sample Sticks) or the existing Light Manufacturing (mixing of solutions in the Clean Room) appear as though they would result in a nuisance for adjacent suites or a life safety hazard. The proposed tenant improvements for the production of the Sample Sticks is within a suite that is not accessible to the general public either. The proposed use seems to be compatible with the existing suites surrounding area.

The Planning Commission held a Public Hearing on May 3, 2018 and there were no written or verbal comments received.

Alternatives

Alternative 1: Adopt Resolution #18-090 granting a Conditional Use Permit to allow Light Manufacturing on the Subject Property, contingent upon adoption of a Zoning Text Amendment to identify Light Manufacturing as a Conditional Use in the H-1 Highway 10 Business District. One of the suites has been used for Light Manufacturing for nearly five (5) years already and while that is not reason to justify approval of the CUP, there have been no nuisance, nor any other type of, complaints received by the City within this time. The proposed Light Manufacturing use is, indeed, very light and would not create any noise, vibrations, air pollution, fire hazard or noxious emission. Staff supports this alternative.

Alternative 2: Deny the request for a Conditional Use Permit to allow Light Manufacturing on the Subject Property. This action would not only prohibit the Applicant from producing their new Sample Stick product on the Subject Property, but would also require the termination of their activities within their clean room too, as they are classified as Light Manufacturing as well. There have been no known issues with the current uses on the Subject Property and the Applicant has made a significant financial investment (fire suppression) bringing the suite(s) update to Fire Code at the direction of the City. Staff does not support this alternative.

All costs associated with processing the Application are the responsibility of the Applicant.
 

The Planning Commission recommends approval of Resolution #18-090 granting a Conditional Use Permit for Light Manufacturing on the Subject Property, contingent upon adoption of the Zoning Text Amendment identifying Light Manufacturing as a Conditional Use in the H-1 Highway 10 Business District.

Motion to adopt Resolution #18-090 approving a Conditional Use Permit to allow Light Manufacturing on the Subject Property, contingent upon adoption of a Zoning Text Amendment identifying Light Manufacturing as a Conditional Use.