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• Planning Commission April 23, 1996 Page 4 The Current Proposed Rezoning The City of Elk River is proposing to rezone a number of properties to conform with recent amendments to the Comprehensive Plan. As part of this proposal, an area along Highway 10 would be rezoned from R-1 a to I-1. Approximately 60 acres of the ANC property located south of 165th Street (which is subject to the 1995 conditioned use permit) are affected by this proposed rezoning. These 60 acres would be rezoned from R-1 a to I-1 under the proposal. To our surprise, we were told in late February by Planning staff that this proposed rezoning may make the affected 60 acres of the ANC a non-conforming use. The basis for this Planning staff conclusion is apparently that the area in question previously has been permitted as a "feedlot" and feedlots are not permitted uses within the 1-1 zone. We were told by Planning staff that the Planning Commission would take up the proposed rezoning on May 27, but there would be discussion of the non-conforming use issue prior to that time so there would be no impact to Cargill's operations. • Just over a week ago we learned second-hand that the proposed rezoning had been moved up to April 23. Late last Friday, we received a staff memorandum - not only discussing this non-conforming use issue, but recommending a course of action inconsistent with long-standing activities at the ANC. Planning staff has never presented any of its concerns directly to Cargill. If we had not requested this memorandum after learning of it second-hand, we would not have even known that the Planning staff was proposing action that is incompatible with Cargill's past and intended future uses. The Planning staffs memorandum is very disturbing, both because of the Planning staff's failure to even discuss the matter with us, and more importantly, because the memorandum's conclusions seem without recognition of pertinent legal principles and relevant facts, many of which have existed for years. The Planning staff is recommending action which would make the ANC (or at least a significant portion of it) a non-conforming use under the Zoning Code. Such a result obviously is not acceptable since it drastically alters Cargill's long-standing authorization to conduct its operations in Elk River as a conforming use, and impairs our ability to continue our activities in the future. What is particularly unfortunate is that we believe that an issue has been raised here where none exists. The ANC is a permitted use in the I-1 zone. A "research laboratory" is one of four permitted uses in the I-1 zone. Elk River Zoning Code § 900.10(14)(A)(iii); the ANC is, and for nearly forty years has been, such a research • facility. The ANC is comprised of various structures and activities dedicated solely to