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within the (CMU) district without specific limitations, restrictions, or prohibitions on the size of such uses. Zoning Code – Statement of Purpose – Community Mixed Use District 2.3 The Community Development Department finds that the statement of purpose for the Community Mixed Use (CMU) District does not preclude the Wal-Mart project since it does not limit, restrict and/or prohibit retail use or any size retail use. Zoning Code – Regulating Plan 2.4 The Community Development Department finds that the Twin Lakes Sub-Area 1 Regulating Plan does not control use nor limit overall building size and therefore does not prohibit the Wal-Mart project. 2006 Court of Appeals Decision 2.5 The Community Development Department finds that the 2006 Court of Appeals Twin Lakes decision supports the determination that the Wal-Mart project is a permitted use. The Court of Appeals decision regarding a “big box” use on the same piece of land as the proposed Wal-Mart project concluded that without stated limitations on size or use, or a prohibition on use, within either, the comprehensive plan or the zoning ordinance, a large retail use, is permitted. Although the 2006 decision was predicated on the B-6 zoning district, the Court of Appeals decision and its application to our current comprehensive plan and zoning ordinance is still very much relevant and applicable. 2030 Comprehensive Plan 2.6 A Comprehensive Plan is a broad vision and general guide for cities to follow in achieving their desired goals, objectives, and policies. A comprehensive plan is not a document that is directly utilized to enforce the identified goals and objectives. Zoning Codes and other ordinances and City programs are utilized to implement the goals and objectives identified in the Comprehensive Plan. The overall Comprehensive Plan should not be construed as an enforcement mechanism for property development. In fact, Minnesota State Statutes recognizes this fact in Chapter 462.356 (2) and requires adoption of a zoning code to put the Comprehensive Plan into effect and the Comprehensive Plan includes a chapter on using the Plan to make progress towards achieving its goals. Therefore, it is clear that the Comprehensive Plan cannot be directly used to directly regulate development. The City Attorney has advised staff that to the extent that a zoning code is inconsistent with the comprehensive plan, the zoning code should be amended to reflect the comprehensive plan. Therefore staff has prepared an analysis reviewing the Comprehensive Plan and the Zoning Code. Staff’s analysis finds that the Roseville Zoning Code is consistent with Comprehensive Plan and therefore the regulations within the Zoning Code are enforceable. Square Foot Limitations 2.7 The Community Development Department finds that due to the exclusion of any square footage limitations regarding building size in the Comprehensive Plan, the Roseville Zoning Code is consistent with the Comprehensive Plan and therefore the Wal-Mart project is permitted under the Comprehensive Plan. Comprehensive Plan - Land Use Designation 2.8 The Community Development Department finds that the land use categories in the Comprehensive Plan contain general vision statements of the sorts of things that are PF12-001_RCA_ZOAppeal_071612 Page 2 of 5