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T.e.rta-i-bLititinAt #71q <br /> ENVIRONMENTAAL W JUL -9 202 <br /> ICI-- ate: a <br /> •Tiapitqvus R.1.IGHYF�pOT 3. 1 <br /> DIRECT DIA,• 612/623-2363 . <br /> E MATE: a-- — - -A pUR cOM <br /> July 9, 2012 <br /> William J. Malinen - <br /> City Manager _ <br /> City of Roseville <br /> 2660 Civic Center Drive V • <br /> Roseville, MN 55113 <br /> Re: Consideration of Preliminary Plat, Proposed Wal-Mart Development, at the , <br /> July 9,2012, City Council Meeting . <br /> Dear Mr.Malinexi: <br /> As you know, this firm represents Responsible Governance for Roseville <br /> ("RGR"). RGR understands that the City will consider the preliminary plat for the <br /> proposed Wal-Mart development at this evening's CounCil-Meetin.g. RGR is pleased that <br /> the City opted not to consider Wal-Mart's application for a preliminary plat, a proposed <br /> development agreement, and the final plat in a single meeting. However, RGR urges the- <br /> City to deny the preliminary plat application, at least at this time, for three reasons: (1) <br /> the City's comprehensive plan and zoning ordinance appear to be in conflict;(2)the City <br /> Council will not hear the appeals of the Community Development Department's Juste 21 <br /> decision on the project until July 16, and will not Make a decision on the appeals until <br /> July 23; and (3)RGR has challenged the City's decision not to prepare an environmental <br /> assessment worksheet ("EAW") for the project under the Minnesota Environmental <br /> ' Policy Act.("MEPA").and-that challenge is pending in the Minnesota Court of Appeals. <br /> 1. THE CITY SHOULD DENY THE PREL1IVIINARY PLAT BECAUSE THE CITY <br /> ATTORNEY HAS -CONCLUDED THAT THE -COMPREHENSIVE PLAN AND <br /> THE CTTY's ZONING ORDINANCE ARE IN CONFLICT. <br /> The Metropolitan Land Planning Act("MLPA") provides a statutory priority for <br /> comprehensive plans over zoning ordinances: Minn. Stat. § 478.859, subd. 1. Zoning <br /> ordinances are "intended to carry out the policies of a city's comprehensive plan"; a <br /> comprehensive plan is "the primary land use control for cities and supersedes all other <br /> municipal regulations when these regulations are in conflict with the plan." Mendota <br /> THE ENVIRONMENTAL LAW GROUP, LTD.. 133 FIRST AVENUE NORTH. MINNEAPOLIS, MN 55401 <br /> OFFICE : 612/378 . 3700 - FAX: 612/378 . 3737 a= WWW. ENVIROLAWGROUP.COM <br />