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agreement that would accompany a future application for final plat approval. The western 59 10 feet of this area is, however, encumbered by a particular roadway easement associated 60 with (but legally independent from) the former Mount Ridge Road right-of-way in this 61 location. The dedicated Mount Ridge Road right-of-way was vacated in 2009 but, owing 62 to confusion over legal subtleties, the roadway easement on the 10-foot strip within the 63 disposal area was not vacated. If the City Council sees fit to sell the disposal area to the 64 applicants, formal vacation of the 10-foot strip will be the subject of a future application. 65 5.4Roseville’s Parks and Recreation Commission reviewed the proposed PRELIMINARY PLAT 66 against the park dedication requirements of §1103.07 of the City Code, beginning on 67 December 6, 2011 and continuing the discussion on January 3, 2012; the minutes of the 68 Commission’s discussions are included with this report as Attachment E. 69 6.0PC UBLICOMMENT 70 6.1The duly-noticed public hearing for the application was held by the PRELIMINARY PLAT 71 Planning Commission on February 1, 2012; the approved minutes are included with this 72 report as Attachment F. After taking public testimony, the Planning Commission 73 discussed the application and voted 5-1 to recommend its approval. 74 6.2Email communications about the proposal received by the time this report was prepared 75 are included as Attachment G; no phone calls have thus far been received. In addition to 76 the written comments, an individual came to the Community Development counter to 77 express her support for the proposal. Because many of the comments express opposition 78 that is primarily grounded in concern about Wal-Mart’s corporate practices or preference 79 for a higher quality retailer or some other development type, it seems worth noting that 80 cities do not have the ability to discriminate between retailers or development types— 81 whether the reasons to discriminate are superficial or significant—in zoning districts 82 where a proposal represents a permitted type of land use. 83 7.0R ECOMMENDATION 84 Based on the comments and findings outlined in Sections 4 – 6 of this report, Planning 85 Division staff concurs with the recommendation of the Planning Commission to approve 86 the proposed , pursuant to Title 11 of the Roseville City Code, with PRELIMINARY PLAT 87 the condition that a development agreement be executed in conjunction with the approval 88 of a subsequent application. FINAL PLAT 89 8.0SA UGGESTEDCTION 90 ND By motion, approve the proposed T2A WIN LAKES DDITION PRELIMINARY PLAT 91 pursuant to Title 11 of the City Code for the land area bounded by County Road C, 92 Cleveland Avenue, Twin Lakes Parkway, and Prior Avenue, including the 4,643-square- 93 foot rectangle of land that is the subject of the disposal request, based on the comments 94 and findings of Sections 4 – 6 and the recommendation of Section 7 of this report. 95 Prepared by: Associate Planner Bryan Lloyd 651-792-7073 | bryan.lloyd@ci.roseville.mn.us Attachments: A: Area map E:Parks and Recreation Commission minutes B:Aerial photo F:Minutes from 2/1/2012 public hearing C:Concept rendering G:Public comments D:Preliminary plat H:Minutes from 5/21/2012 Council meeting PF12-001_RCA_070912 Page 3 of 3