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