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Regular City Council Meeting Monday,May 21,2012 Page 22 Mr. Paschke advised that there was no restriction in City Code as to hours of operation; with Mr. Trudgeon and Mayor Roe concurring, noting the restrictions for extended hours were specific to commercial operations adjacent to residen- tial areas. Councilmember McGehee noted that there was a potential for future residential development adjacent to the proposed Wal-Mart as part of CMU zoning, and noted that the Development Agreement stipulated that no further restrictions could be imposed by the City for at least two (2) years. Councilmember McGe- hee questioned whether this precluded any adjacent properties being developed as residential. Mr. Trudgeon clarified that it was not the City of Roseville nor Wal-Mart, but State Statute that dictated the two-year rule once the Development Agreement and Plat were approved. Mr. Trudgeon advised that while the City may not ap- preciate the two-year clause, there was some protection or assurances based on the newer office/warehouse building directly to the east of the proposed Wal- Mart site that he didn't anticipate for any immediate redevelopment at least within that two-year window. Mr. Trudgeon also noted that the PIK property directly to the north could potentially have residential development; however, since it was located closer to the park, that property had been identified for of- fice/campus activity. Mr. Trudgeon opined that any future residential develop- ers would certainly take into account the location of a retail store in the vicinity; however, at this time, Mr. Trudgeon advised that a CMU zoning designation did not guarantee future redevelopment as residential. Without that knowledge, Mr. Trudgeon advised that it was difficult for the City to regulate. Regarding the two-year rule, Mayor Roe questioned if the Zoning Code or Comprehensive Plan guidance could be changed for that area once approved. While not meaning that existing zoning and Comprehensive Plan provisions wouldn't remain in effect, Mayor Roe questioned if residential development ad- jacent to commercial or retail properties wouldn't still be subject to City regula- tions. Mr. Trudgeon advised that, prior to responding, he would like to study that question further with the City Attorney to determine how to apply those re- strictions. Of course, Mr. Trudgeon advised that it would be staff's intent to work with any retail and/or residential development to ensure compatibility. However, he was not sure of the enforcement capabilities available to the City without consultation with legal counsel. Mayor Roe encouraged staff to review that issue with legal counsel in more de- tail.