2010 Agendas / Minutes

MINUTES
ROGERS PLANNING COMMISSION
AUGUST 17, 2010


CALL TO ORDER
The meeting of the Rogers Planning Commission was held on August 17, 2010 at 7:00 p.m. was called to order with Commissioners Stanley, Ihli, Terhaar, Kornovich, Breun, Knapp, and Denker present.  

Also present were City Planning Consultants Rose Lorsung, Deputy Clerk Splett, and Councilmember Bell.

Member(s) excused:  Noto and Olsen

OPEN FORUM
No one wished to speak.

SET AGENDA
Vice-Chairman Knapp inquired if there was anyone who wished to place an item on the Agenda.

The agenda was set as submitted.

CONSENT AGENDA*
A.  Approval of the July 20, 2010 Planning Commission Minutes
Commissioner Breun moved, Commissioner Ihli seconded a motion to approve the Consent Agenda with the two corrections to the minutes as noted.

On the vote, all members voted AYE.  Motion carried.

PUBLIC HEARINGS
A.  Public Hearing to Consider a Conditional Use Permit Application Associated with the Replacement of an Existing Billboard with a Digital Billboard, by CBS Outdoor, Located at 22350 S. Diamond Lake Road
Planning Consultant Lorsung provided the background information commenting on the following:
  •Request to change one face of the easterly billboard
  •Conditional Use Permit will have a sunset clause of 20.5 years
  •Handful of billboards allowed within the city
  •Will not affect residential properties around it

Vice-Chairman Knapp opened the meeting for public comment. 

The following comments were registered:
John Bodger, CBS Outdoor:  We currently have a 15 year lease with the City of Rogers which will expire in 2018.  We tried to renegotiate the lease, by reducing the rental fees but the City would not reduce the rate due to this being related to bond issues for the new high school.  Going with the digital face will be an upgrade and increase revenue.  We would like to change from the west face to the east face on this application.
Planner Lorsung stated that the request was reviewed for the west face and that staff will need to review the new request, but did not see a problem with it.
Commissioner Breun requested clarification that it would now be on the east face of the billboard for traffic that is going westbound.
Commissioner Ihli inquired what the time frame would be on this.
John Bodger stated that it would be within the 60 day time frame.
Planner Lorsung commented that they could request an extension for another 60 days if the Planning Commission wants the request to come back to them.
Commissioner Breun inquired about external lighting for this.
John Bodger stated that the external lighting will not be needed with the digital feature.
Commissioner Breun asked if the other side (west face) would be required to change to downcast lighting.
Planner Lorsung stated that would not be necessary.  This is not a request to remove and replace the current billboard, only to modify one face of it.  If the entire structure would be taken down and replaced, then you could put additional conditions into place.
Commissioner Knapp inquired on the size of the billboard face.
John Bodger stated it was 14’ x 48’, with LED lighting.
Commissioner Stanley inquired on the height of the billboard.
John Bodger responded that it is 30 feet tall.
Commissioner Knapp asked if there were any movable objects/parts proposed?
John Bodger stated no, there will not be any video scrolling, only instant change with public service messages also.  The public service messages we will have to coordinate with City staff on events and things of that nature.

Commissioner Breun moved, Commissioner Ihli seconded a motion to close the public hearing.

On the vote, all members voted AYE.  Motion carried.

The Planning Commission discussed the following:
  •No problem with the changing of the face
  •Regardless of the term of the lease, the billboard will be allowed for 20.5 years
  •There will be 8 changes per minute on the digital face
  •Downcast lighting could be required for both faces of the billboard, although no lighting is required for the digital side.
  •Mr. Bodger stated that it is actually working better having downcast lighting on billboards and the advertisers are liking it also

Commissioner Denker moved, Commissioner Breun seconded a motion to recommend approval for the replacement of an existing billboard with a digital billboard, by CBS Outdoor, subject to the following conditions:
   1.  Provide the City a new lighting plan for the billboard that shows only downcast lighting on the west face and no lighting on the east face.
   2.  Provide the City with any amended leases as it relates to the billboard.
   3.  The City must review and approve the building permit.
   4.  The City must review and approve the sign permit.
   5.  The Conditional Use Permit shall become void twenty and one half (20.5) years from the date of adoption.
   6.  The Conditional Use Permit must be recorded.

On the vote, all members voted AYE.  Motion carried.

C.  Public Hearing to Consider a Comprehensive Plan Amendment to Provide for Guided Land Use for all Properties being Annexed into the City of Rogers from Hassan Township on August 15, 2010
Planning Consultant Lorsung provided the background information commenting on the following:
  •Properties are required to have a planned use by the Met Council
  •Annexed properties come in as agriculture and will be rezoned to the appropriate use within their area
  •Rogers is not making land use changes to the properties annexed – they will have the same guided land use as they had in Hassan
  •We will need to formally amend the land use for these properties along with the City’s new boundary
  •There will not be any actual changes to these properties for approximately 2-3 months

Vice-Chairman Knapp opened the meeting for public comment. 

The following comments were registered:
Dale Scherber, 13405 Mardale Dr.:  Why didn’t the boundary follow Willandale Rd – what is the agricultural piece shown on the map?
Planner Lorsung stated that that parcel was not brought in with this annexation and only the north part of the Gmach property was annexed.
Dale Scherber: What is eligible for mixed residential? What type of uses can you have there?
Planner Lorsung stated that it allows residential/commercial/office type uses, vertical growth.  There is no sewer or water in that area at this time so there wouldn’t be much allowed.  The property owner can also request that the property remain agriculture.
Bob Lyngen, Rep. of 19420 133rd Ave. property owner:  My client’s property was annexed in early this year, its in the northeast quadrant of Brockton and 133rd Ave.  He would like to see that area be designated as commercial instead of the residential that it is now guided.  He is asking that the Planning Commission consider this property for commercial use.
Commissioner Ihli inquired as to what type of uses do they want to see here.
Bob Lyngen stated that possibly commercial/retail/office/showroom uses.
Planner Lorsung stated that this parcel was annexed prior to the August 15th 2nd phase.  She has talked with the owner and informed him that there would not be any changes made now.  Possibly in the future it could be looked at.  That area could possibly be looked at for mixed use.  Whatever the owner would like, he would need to go through the comprehensive plan amendment process.
Jay Weber, 21865 141st Ave.:  I would like to discuss with the Planning Commission and the City Council the change for my property from commercial to residential.
Planner Lorsung stated that there will not be any changes made at this time.  The Hassan comprehensive plan has guided this property as single family residential.  The current zoning for the property is C-1.  Some commercial conditional use permits may be grandfathered in.  Until the property owner applies for a comprehensive plan amendment to have the property rezoned, it will stay as it is. 

Commissioner Ihli moved, Commissioner Breun seconded a motion to close the public hearing.

On the vote, all members voted AYE.  Motion carried.

The Planning Commission discussed the following:
  •Reviewed the maps
  •Same land uses as Hassan
  •Corrections to the maps to be made
Commissioner Ihli moved, Commissioner Denker seconded a motion to recommend approval to prepare the Amendment for adjacent community and Met Council review with the minor changes in municipal boundary and assigned land uses only.

On the vote, all members voted AYE.  Motion carried.

D. Public Hearing to Consider an Interim Use Permit Application Associated with the Expansion of High Point Church for Property, Located at 12510 Fletcher Lane
Planning Consultant Lorsung provided the background information commenting on the following:
  •Interim use permit process was adopted earlier this year
  •Permit has a specific end date
  •Currently are operating at this location but want to expand the use from 5000 sq.ft. to 7500 sq.ft.
  •Final lift on the parking lot has not been completed

Vice-Chairman Knapp opened the meeting for public comment. 

The following comments were registered:
Chad Springer, Highpoint Church:  The property owner is not here tonight.  I would like some clarification if the final lift on the parking has to be completed prior to us being able to use the facility.  We currently only use office space at this location and hold our services at the Hassan Elementary School.  We have approximately 70 members at this time.  We would like to utilize the space prior to the parking lot being completed.  The existing parking at this location is more than 3 times adequate for us.
Commissioner Knapp inquired if they needed all of that space right away.
Chad Springer:  It is not all available at this time.  The current tenant will not be out until November.
Planner Lorsung They are requesting an occupancy load of 70.  The current violation is from when the owner received approval for the building.  A condition could be added that the property owner has the parking lot completed by Nov. 1st.
Commissioner Ihli asked for clarification that right now this space is only used for office space not services.  Services are held at the Hassan Elementary school, correct?
Chad Springer:  Yes, eventually we want to use this space to have the services here.

Commissioner Breun moved, Commissioner Ihli seconded a motion to close the public hearing.

On the vote, all members voted AYE.  Motion carried.

The Planning Commission discussed the following:
  •How are parking spaces determined – 1 parking space = 3 seats.  Is that for only the sanctuary area or for the entire building?
  •With the new parking ordinance, islands will also have to be put in
  •This is a temporary use – will the installation of islands be required
  •Provide proof of parking in the rear loading dock area and bring the front of the site up to code
  •This is a 3 year use – if they would like to go longer it would have to come back to the Planning Commission and City Council

Commissioner Breun moved, Commissioner Denker seconded a motion to recommend approval of an Interim Use Permit expansion of High Point Church for property, located at 12510 Fletcher Lane; subject to the following conditions:

   1.  Provide the City a parking and circulation plan by October 1, 2010 that brings the Property into conformance with Section 125-313 for the front of the building and provides for a proof of parking area to the rear of the building for review and approval prior to approving the building permit.
   2.  The Owner shall construct the final lift of the parking lot as was previously required by the City under a separate approval.
   3.  The interim use permit will expire three years from the date of adoption by City Council.
   4.  The City must review and approve the building permit.
   5.  The Resolution of approval must be recorded.

On the vote, all members voted AYE.  Motion carried.

NEW BUSINESS
 A.Site Plan Approval for Goodwill Industries
Planning Consultant Lorsung provided the background information commenting on the following:
  •Minor improvements being made to the interior of the building
  •Addition of a drive through on the northwest side of the building for customers to drop off their donations
  •No variances were required for this application
  •Signage will be added to the existing pylon sign – which complies with the sign ordinance
  •Property has more than enough parking available
  •Minor landscaping revisions

The Planning Commission discussed the following:
  •How will the drive through be entered – which way will the traffic flow

Commissioner Stanley moved, Commissioner Breun seconded a motion to recommend site plan approval for Goodwill Industries; subject to the following conditions:

  1.  Provide the City an updated landscape plan showing the landscape island surrounding the existing tree near the entrance to the rear of the property.
  2.  Provide the City information about the lighting of any proposed signage.
  3.  The City must review and approve the building permit.
  4.  The City must review and approve the sign permit.
  5.  The Resolution of approval must be recorded.

On the vote, all members voted AYE.  Motion carried.

ADJOURN
Commissioner Breun moved, Commissioner Ihli seconded a motion to adjourn the meeting at 8:24 p.m.

On the vote, all members voted AYE.  Motion carried.