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comprehensive plan. Therefore staff has prepared an analysis reviewing the Comprehensive Plan and the Zoning Code. City staff concludes in its latest determination of compliance, however, with the following statement with which we respectfully and vigorously disagree. Staff's analysis finds that the Roseville Zoning Code is consistent with Comprehensive Plan and therefore the regulations within the Zoning Code are enforceable 6) The existing Zoning Ordinance allows rejection of Wal-Mart According to our reading, this proposal is not permitted in our current zoning and should not have been approved by city planning staff. This district is Community Mixed-Use, which is described in the Comprehensive Plan in Chapter 4 on Land Use as, "The mix of land uses[that]may include Medium-and High-Density Residential, Office, Community Business, Institutional, and Parks and Open Space uses" (page 4-8). Note that there is absolutely no reference to retail uses. If one assumes the current staff criteria that it is permitted since retail is not specifically prohibited, then rationally heavy industrial and mining would also be allowed. In our view, Wal-Mart does not qualify as a community business, but rather as a regional business. Regional business, according to the Comp Plan, includes "freestanding large format stores[and] is located in places with visibility and access from the regional highway system (I35W and State Highway 36)" (page 4-8). The Target store location is situated in a land-use designated Regional Business. There was an effort made during the Comprehensive Plan update several years ago to designate the area Community Business, but several council members, staff, and the Planning Commission insisted that its land use category fit the regional nature of this big-box retailer. It is noteworthy that this comparison is no longer being made by those who insisted on this land use designation but are now arguing that Wal-Mart is a community business use. The current zoning ordinance allows some discretion to the City when it comes to the question of approving plats. Section 1017.23 1102.03 entitled Requirements Governing Approval of Preliminary. P/atstates under subsection A the following: a. Recommendations by Planning Commission: The Planning Commission may recommend and the City Council may require such changes or revisions as the City Council deems necessary for the health, safety, general welfare and convenience of the City. SWARN Appeal--luly 2, 2012 9