Agenda - Council - 03/27/2018 - Laserfiche WebLink

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City. Options At this time, there are several potential options to consider to address the apparent zoning code violation(s) that exist on the Subject Property. Staff is seeking some direction from the City Council on what the preferably option(s) is. 1. The Business Owner/Property Owner could apply for a Zoning Amendment to identify light manufacturing as a permitted use in the H-1 Highway 10 Business District. What is being proposed and what is already occurring on site seems to be compatible with other permitted uses in this district (been in operation for 4-5 years with no complaints). However, Staff would have to examine what, if any, impact this could have on the rest of the zoning district. A good example of a blended retail/industrial type of district can be viewed on the Highway 169 corridor in Champlin. Considering the traffic concerns of Highway 10 and some of the safety concerns with accessing the Subject Property, less retail based uses may even be desirable. But, the Business Owner has indicated that any further delay (potentially about a 60-day process) will have serious impacts on his potential contracts for production and distribution of the 'sample sticks'. 2. Staff could assist the Business Owner in finding an appropriately zoned property for this type of use. This offer has already been extended to the Business Owner. Staff has offered this solution. 3. An evaluation of both permitted and conditional uses is needed within the H-1 Highway 10 Business District. This district was established with limited permitted/conditional uses, as it was intended to preserve what was identified as being needed for future highway right-of-way and therefore lessen the future cost of acquisition. The vision for the Highway 10 corridor has changed with the current Highway 10 Access Planning Study and not as many properties are needed for right-of-way (including the Subject Property). This is a much longer process. 4. Establish a timeframe in which the light manufacturing use occurring on the Subject Property be terminated. This is the least desirable option available in Staffs opinion. The Subject Property is well maintained and there have not been any serious blight or zoning code violations. Staff has been in communication with the City Attorney's office multiple times for legal interpretations on various elements of this review. Ultimately, it is the City Attorney's opinion that a Zoning Amendment would need to be processed before permitting the tenant improvements proposed with the Building Permit Application. Furthermore, a Zoning Amendment could also assist with addressing the clean room/mixing lab that already exists on the Subject Property. Funding Source: This case is being handled as part of Staffs normal duties. Recommendation: Staff does not have a specific recommendation at this time. The purpose of the case was to provide an update to City Council and get feedback and direction on how the Council would like to proceed. Action: Provide direction to Staff on how best to proceed with addressing this matter. Attachments Site Location Map Building Layout Memorandum from City Attorney's Office Form Review Inbox Reviewed By Date Tim Gladhill Tim Gladhill 03/22/2018 04:06 PM Kurt Ulrich Kurt Ulrich 03/22/2018 04:09 PM