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I I I Council Meeting Minutes November 30, 1998 Page 4 Council Business. continued Samuelson asked the criteria used to determine planning and usage. Teague feels the ultimate goal is to receive a development proposal for 20-30 acres utilizing a mixture of uses (commercial, industrial, and possibly residential). Single parcels would be reviewed based on what the ordinance states for allowable single uses. The intent is to encourage the combination of lots and larger developments with mixed uses. Benke said the key advantage of the Vision and MX District is to implement land use criteria to assess proposals as they come forward. Larson asked if Beisswengers Hardware would have the ability to expand within this district. Teague said the ordinance establishes the district, and future actions address rezoning of parcels which mayor may not have stipulations in place which address previously approved expansion plans. Larson added that the Planning Commission noted concern that Beisswenger's could be driven out of their existing location. Teague acknowledged he has been in contact with Beisswenger regarding these concerns. Bob Norel, US Filter, said their building occupies a parcel outside of the new district, and own three other parcels residing within the new district. US Filter may foresee an expansion involving those parcels, and Norel asked if rezoning could apply restrictions to those parcels. Teague confirmed that the district could impact this site and possibly future expansion plans. Benke asked if Council would have authority to "grandfather" current owners' expansion plans. LeFevere does not believe a zoning restriction relating to ownership could be applied. Typically, all rights and restrictions are attached to a parcel, not the owner. Council would need to determine if expansion plans were desirable and consistent with the Vision. Benke said the rezoning process may allow opportunity to flag this site with the possibility of remaining in its current zoning designation, but subject to future rezoning if a proposal comes forward. Nore1 added that US Filter has been sensitive in protecting the adjacent natural areas by avoiding their building's visibility to the Rush Lake area. Benke agreed that US Filter has been a good business member in the community. N orel asked if property condemnation is possible. Benke believes there are other ways to deal with situations than condemnation, and the City appreciates US Filter's plans to expand in New Brighton. Larson asked if this property could be protected if the three lots were combined. LeFevere said generally it is not good land use planning for zoning districts to follow lot lines. If these parcels were combined, it would not necessarily mean protection from actions made by future Councils. However, if a property owner gave Council assurance that expansion plans would be consistent with the Vision, then rezoning may not be needed. Teague explained that a non-conforming use is one that is not allowed under the zoning ordinance. Benke noted that a preexisting use which is currently permitted may become non-conforming under new conditions. LeFevere added that a preexisting non- conforming use which does not comply with current code provisions has a constitutional right to remain in its current form, however, it cannot be altered or expanded. Council Business MX Zoning District Report 98-223 Ordinance 648