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1 Contrary to the staff report at 7. 5 and 7.6, if you watch the video of the June 26, � 2001 meeting, Council person Gcedeke, with the concurrence of Msstel, were adamantly opposed to any big box retail, and remained so even after Mayor Kysylyczyn made a plea to not exclude big box. The discussion then centered on the possibilityof mixed uses within one building, such as housing over retail, or a restaurasat in hotel, etc. Council member Klausing said that of course they would look at any fvture proposal. Councilman Ma�chka remained silent. The only person therefore suggesting flexibility on the big box issue was Klausing. If Council members Gaedeke and Msstel would have been advised that big box would be considered in the future, I doubt any master plan with big box in it would have received the super maj ority vote required. Scenario 1 a with a big box in it was rejected by council, and at the time, staff' Hence the refetral in the comprehensiveplan amendment to scenario 1 was meant to exclude big box. In rrry opinion, any master plan that includes a big box retail in it is inconsistent with the comprehensive plan, and also inconsistent with a B6 zoning in the Code. The business park designation was attached to the Comprehensive Plan, � amended bv the Master Plan for Twin Lakes ado�ted bv Council on June 26.2001. The master plan was an integral part of the comprehensive plan, and is on file at the Metropolitan Council (their planning file # 16954-6). But the Council did not approve that the underlying properiy be rezoned from its traditional industrial use to mixed use at that time. Why? Because to zone to B6 you need a development contract in hand to � insure it will be developed according to a specified P.U.D. (See Code 1005.07 (B). MEANING OF A B6 DESIGNATION: Take a look at the permitted uses as showing up under section 1005.015— Business uses and zoning districts —the chart of permitted uses. Note that uses within a B6 designation require a PUD agreement. Also note that multi family housing, while a permitted use under SS 1005.07, SS 1005.015 does not list multi family housing, or any other housing, as a permitted use. Therefore, once a parcel is zoned B6, it cannot be used for � purpose other than a purpose approved upon com�letion of a planned unit agreement. (Code 1005.07, Par. C). The practical effect of this is a back door moratorium on any change in existinguse. And while a property owner can sell his property, who would buy, and at what price? Probably, only the developers. I think that is the real purpose behind this request to rezone to B6 at this time. I think this also results in a defacto taking of the properiy, since it can no longer be used as a prospective buyer might want. In order to avoid lawsuits from disgruntled land owners, it is absolutely necessary to have t�i'r agreement to a com�leted planned unit development. ,� 2