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� 4.0 BACKGROUND �. 4.1 The subject property, located in Planning District 6, has a Comprehensive Plan designation of Community Business (CB) and a current zoning designation of Single Family Residence District (R-1). 4.2 The applicant held the required neighborhood open house on September 24, 2009, from 5:00 PM to 8:00 PM. Four people attended. Questions and comments generally related to future access from Wewers Road, storm water management, allowable uses under the B-3 district, and neighborhood buffers. See Attachment C to review the applicant's summary of the open house. 4.3 Pursuant to Minnesota statute 462.357 subd. 2(b): "The adoption or amendment of any portion of a zoning ordinance which changes all or part of the existing classification of a zoning district from residential to either commercial or industrial requires a two-thirds majority vote of all members of the governing body." 4.0 REVIEW OF COMPREHENSIVE PLAN 4.1 When reviewing applications to rezone land, Community Development Department staff must first determine whether the anticipated use and subsequent zoning district designation is consistent with Roseville's Comprehensive Land Use Plan (it is not). 4.2 The Community Business designation in the approved 2030 Comprehensive Plan is described as: "Commerical areas oriented toward businesses involved with the sale of goods and services to a local market area. Community business areas include shopping centers and freestanding businesses that promote community orientation and scale. To provide access and manage traffic, community business areas are located on streets deisgnated as A Minor Augmementors or A Minor Relievers in the Transportation Plan." The 2030 Comprehensive Plan does neither identifies specific uses within this category nor links it to any particular zoning district. 5.0 STAFF COMMENTS 5.1 State law requires that a property's zoning be consistent with its future land use designation. Minnesota Statute 473.858 subd. 1 states: "If the comprehensive municipal plan is in conflict with the zoning ordinance, the zoning ordinance shall be brought into conformance with the plan by local government units in conjunction with the review and> if necessary, amendment of its comprehensive plan required under section 473.864, subdivision 2." As established in Sections 4.0 of this report, the current R-1 zoning designation is in conflict with the subject property's future land use designation of Business; thus the City must either amend the future land use designation for the subject parcel to Low Density Residential or rezone it to one of the corresponding business zoning districts (B-1, B-1 B, B-2, B-3, B-4, or B-6) to eliminate the conflict. 5.2 This parcel has been guided for business use since at least the late 1990's. Staff has not found anything in the record on why this parcel has not been rezoned consistent with its Comprehensive Land Use guiding. PF09-026 RCA 10262009.doc Page 2 of 4