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AttachmentD <br />the public that the proposed use is not consistent with the Comprehensive Plan. It has been <br />suggested that the Comprehensive Plan limits “big box” and the proposed Wal-Mart store is <br />inconsistent with the Comprehensive Plan and therefore the use is not permitted since the Zoning <br />Code is not consistent with the Comprehensive Plan. <br />A Comprehensive Plan is a broad vision and general guide for cities to follow in achieving their <br />desired goals, objectives, and policies. A comprehensive plan is not a document that is directly <br />utilized to enforce the identified goals and objectives. Zoning Codes and other ordinances and <br />City programs are utilized to implement the goals and objectives identified in the Comprehensive <br />Plan. The overall Comprehensive Plan should not be construed as an enforcement mechanism <br />for property development. In fact, Minnesota State Statutes recognizes this fact in Chapter <br />462.356 (2) and requires adoption of a zoning code to put the Comprehensive Plan into effect <br />and the Comprehensive Plan includes a chapter on using the Plan to make progress towards <br />achieving its goals. Therefore, it is clear that the Comprehensive Plan cannot be directly used to <br />directly regulate development. <br />The City Attorney has advised staff that to the extent that a zoning code is inconsistent with the <br />comprehensive plan, the zoning code should be amended to reflect the comprehensive plan. <br />Therefore staff has prepared an analysis reviewing the Comprehensive Plan and the Zoning <br />Code. Staff’s analysis finds that the Roseville Zoning Code is consistent with Comprehensive <br />Plan and therefore the regulations within the Zoning Code are enforceable. <br />A. BSFL <br />UILDING QUARE OOT IMITATIONS <br />Before we get into the analysis, it would be worthwhile to do a quick review of the <br />discussion around “big box” in the context of the Comprehensive Plan. Starting in 2008, a <br />steering committee comprised of citizens, commission members and elected officials spent <br />over a year preparing and reviewing the 2030 Comprehensive Plan. One of the most <br />discussed topics of the steering committee was whether to include size limitations of <br />buildings within the “Community Business” and “Regional Business” land use designations. <br />By a slim vote of the Steering Committee, the size limitations were retained in the draft <br />Comprehensive Plan forwarded to the Planning Commission and City Council. (See <br />September 11, 2008 Steering Committee notes). At the Planning Commission on October 1, <br />2008, the Planning Commission removed the square footage limitations contained in the draft <br />Comprehensive Plan. The City Council, at both its October 13, 2008 and January 26, 2009 <br />meetings, agreed with the Planning Commission’s changes and did not reinsert square <br />footage limitations in the Community Business and Regional Business land use categories. <br />This is important to note given the persistence of the notion that there are prohibitions on <br />having “big box” developments. While there was much discussion about limiting these types <br />of uses, in the end, nothing was included in the Comprehensive Plan that had size limitations. <br />Therefore, the lack of a guideline for sizes of buildings within the zoning districts <br />demonstrates that the Zoning Code is no inconsistent with the Comprehensive Plan. <br />The Community Development Department finds that due to the exclusion of any square <br />footage limitations regarding building size in the Comprehensive Plan, the Roseville Zoning <br />Code is consistent with the Comprehensive Plan and therefore the Wal-Mart project is <br />permitted under the Comprehensive Plan. <br />5 <br />Page5of27 <br /> <br />