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When considering the effect of the federal preemption (no zoning authority), there is a <br />potential for an infinite number of land uses as long as those land uses are rail related <br />(meaning commodities are being delivered to or from the site via rail). This, in addition <br />to Belair’s requests to expand their aggregate crushing and recycling operation (which <br />isn’t a permitted use) onto the property, may create a level of use that is much too intense <br />for this light industrial zoned property. Staff, Belair, and our respective attorneys are <br />evaluating how to proceed. One approach currently being explored is whether Belair and <br />the City can address the preemption issue via legal agreement that would identify and <br />limit the types of uses allowed on the property. <br /> <br />