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2013_1118_packet
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80 use buildings with upper -story residential uses. CB Districts are intended to be located in <br />81 areas with visibility and access to the arterial street system. <br />82 The district is also intended to: <br />as 1. Encourage and facilitate pedestrian, bicycle and transit access; and <br />sa 2. Provide adequate buffering of surrounding neighborhoods. <br />as The Neighborhood Business District is designed to provide a limited range of <br />ss neighborhood scale retail, service, and office uses in proximity to residential <br />87 neighborhoods or integrated with residential uses. <br />ss The NB district is also intended to: <br />as 1. Encourage mixed use at underutilized retail and commercial intersections; <br />so 2. Encourage development that creates attractive gateways to City neighborhoods; <br />91 3. Encourage pedestrian connections between Neighborhood Business areas and <br />92 adjacent residential neighborhoods; <br />93 4. Ensure that buildings and land uses are scaled appropriately to the surrounding <br />94 neighborhood; and <br />95 5. Provide adequate buffering of surrounding neighborhoods. <br />96 HISTORICAL BACKGROUND <br />97 As the City Council may recall, on December 9, 2011, City Attorney Bartholdi submitted his <br />09, opinion regarding three questions pertaining to Community Mixed Use (CMU) designations <br />99 under the Roseville Comprehensive Plan and Zoning Ordinance. <br />100 Question 1: Is the Roseville Community Mixed Use District in the Zoning Code in conformance <br />101 with the Comprehensive Plan definition of Community Mixed Use land use designation when it <br />102 does not include a specific reference to Community Business? <br />103 Question 2: Does it matter whether the Community Mixed Use District definition in the Zoning <br />104 Code does not reference Community Business since the Comprehensive Plan definition does <br />105 mention it and the Comprehensive Plan is the superior document? <br />106 Question 3: If Roseville wants its Community Mixed Use Zoning District to conform to the <br />107 Comprehensive Plan and therefore exclude regional market area businesses as uses, does the City <br />108 Council need to change its Zoning Code language? <br />109 In answering Question 1, the City Attorney notes that the CMU definition in the Comprehensive <br />110 Plan includes Community Business uses (among others) but not Regional Business uses and that <br />111 property that is guided CMU may include Community Business uses but not Regional Business <br />112 uses. Further, the City Attorney notes that the Zoning Ordinance definition of CMU does not <br />113 expressly distinguish between Community and Regional Business and that there may be <br />114 Regional Business uses allowed in the CMU under the Zoning Ordinance. The City Attorney <br />115 then indicates that in order to determine the difference he would recommend that the Community <br />116 Development Department analyze such items in terms of store /business location, customer base, <br />117 size of facility, and similar type of business /stores /facilities. <br />118 Regarding Question 2, the City Attorney indicated that Minnesota State Statutes have established <br />119 a hierarchal order between the two documents. Specifically, Minnesota Statutes 473.858 <br />120 provides that Minnesota Statutes 473.865 shall supersede the provisions of the applicable <br />Page 3 of 8 <br />
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