2011 Agendas/ Minutes

MINUTES
ROGERS PLANNING COMMISSION
APRIL 19, 2011


CALL TO ORDER
The meeting of the Rogers Planning Commission was held on April 19, 2011 at 7:05 p.m. was called to order with Commissioners, Breun, Denker, Knapp, Kornovich, Terhaar, and Busch present.  

Also present were City Planning Consultant Rose Lorsung, Deputy Clerk Splett and Councilmember Ihli.

Member(s) excused:   Noto and Ende.

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 March 15, 2011 Planning Commission Minutes
Commissioner Denker moved, Commissioner Breun seconded a motion to approve the Consent Agenda as submitted.

On the vote, members voted AYE.  Motion carried.

PUBLIC HEARINGS
A.  (cont.) Public Hearing to Consider a Request by Tom Spanier for an Interim Use Permit to Facilitate an Inflatable Family Fun Center, Located at 12510 Fletcher Lane
Planning Consultant Lorsung provided the background information commenting on the following:
• Interim use permit for Highpoint Church
• Bounce House will not be a long term use – only 3 years
• Possibility of an 8th tenant that gives music lessons
• Listed current users within the building
• Parking requirements
• Conditions of the previous interim use permit (i.e. final lift of parking lot) to be completed no later than June 30, 2011
• 14 conditions provided if use is permitted

Vice-Chairman Knapp opened the meeting for public comment. 

The following comments were registered:
Jerry Ketter, 12475 Fletcher Lane:  I object to this use.  It is going to bring more traffic and headlights that shine right into my living room.  There will be more parking on the street which isn’t safe.  There used to be a high berm between the two buildings that was removed when the addition was put on.  To plant trees isn’t going to help the problem – the headlights will still shine into my home.
Daryl Schwartz, 12517 Marion Court:  What exactly is the zoning here?  It is commercial/industrial, not retail.  There used to be a farmhouse there prior to this building.  The building has sat idle for a while, now you are looking at uses that don’t belong here.  It looks like the City is trying to please the owner of the building, not the residents that live here and have to live with this.  There will be a lot of traffic dropping kids off and picking them back up again which is a big issue.  One night at approximately 10:15 p.m. there were 16 cars leaving the dance studio, which by the way, we never received notice that there was a dance studio going into this building.  The church has also grown.  There are approximately 20 cars during the service, and that number is double on other weeks.  This isn’t a one hour service either.  The church has been there as late as 10 p.m.  I would like to see this denied.  There is too much noise and traffic due to these businesses.  We live on a private road, not much traffic and no kids.  There were a few businesses in there, like a flooring business that is only open 5 days a week.  The new retail during the evening and on weekends has created more traffic.  Actually there is now a lot of traffic on Fletcher Lane.  You can hear the car doors shutting, noise from speeding traffic, then the headlights shining into homes.  There is going to be a bad accident in this area and now you want to increase the traffic with another retail business.  I have 32 signatures out of 36 residents within LeMar Estates which is an older neighborhood that do not want to see another retail business come in here.  I don’t see the purpose of turning this into retail when it is zoned industrial.  What is the City going to gain by allowing this?
Dan Spanier, 208 4th Ave. N.E., Osseo:  I will be the general manager of the Bounce House and I am Ton’s brother.  Typically this type of business is located within an industrial location and is used more on the weekends.  The parties are for 5-10 year olds and approximately 11-15 kids at a party.  There are typically specific hours during which you can book a party and there will be some open play time hours also.  We are trying to change the mixture of the building a little with this type of use.  I don’t see traffic increasing too much and parking should not be an issue either.  This will attract people to Rogers and bring some business to the City.  This would be a quiet use of the building.

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

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

The Planning Commission discussed the following:
• Hours of operation for the dance studio and they are also open on Saturdays and Sundays which would conflict with the Church and the Bounce House
• Hours were provided by the applicant, Tom Spanier
• Possibly use 6-8 foot conifer pine/spruce trees for screening
• Limit on entrance to ingress and one entrance to egress possibly with signage.  Who will police it to see that it is being adhered to?
• Plenty of retail spaces available within the City of Rogers
• Not enough parking spaces to support all of the uses for this property, especially on the weekend
• More of a parking issue with the dance shop than there is with the church as they have been parking on the street for evening classes and recitals
• Dangerous curve on the road there, concerns for children outside playing
• The dance shop never went through the process to receive approval to be there
• Request review by the Fire Chief for the one exit and one entrance for this property

Commissioner Denker moved, Commissioner Knapp seconded a motion to table this item to the next meeting to allow staff to research the option of implementing one entrance and one exit marked by signage.
  
On the vote, all members voted AYE.  Motion carried.

B.  Public Hearing to Consider Minor Amendments to Sections 125-190 and 125-191, RE-2 and RE-5 Districts and Section 125-323, Accessory Structures for Rural Inclusion
Planning Consultant Lorsung provided the background information commenting on the following:
• Explained the process for reviewing the amendments
• Adopted ordinances last year, now there are a few minor amendments and cleanup to make them work for both the properties being annexed and the City

Vice-Chairman Knapp opened the meeting for public comment. 

There were no comments registered.

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

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

Commissioner Denker moved, Commissioner Breun seconded a motion to recommend approval for final changes to Sections 125-190 and 125-191, RE-2 and RE-5 Districts and Section 125-323, Accessory Structures for Rural Inclusion of the Rogers Code.

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

C.  Public Hearing to Consider the Following Requests from Liberty Property Trust:
     • Rezoning of 55.25 acres from agricultural to L-I, Limited Industrial
     • Preliminary Plat Approval of Liberty Industrial Park at Diamond Lake
     • Approval of a PUD Master Plan to Facilitate the Phase Construction of 3 Warehouse Buildings
Planning Consultant Lorsung provided the background information commenting on the following:
• Applicant and their consultants present and will provide a presentation
• Josh Budish from Liberty provided a brief introduction
• This was before you as a concept review at the December, 2010 meeting
• AUAR review is not complete yet, cannot make any formal approvals until this is finished
• Review of the Master PUD:
• 3 phase plan – flexibility with both site plans
• Combination of 2 PIDs; house removal; wells to be abandoned, dedication of right-of-way on 3 roadways
• Review of Preliminary Plat:
• Rezoning with administrative review from agriculture to Limited Industrial in May
• Mitigation plan / purchase of wetland credits
• Three phase development with 2 different site plans
• No permits or formal approvals until the AUAR is complete
• Add landscaping
• Paring is shared with office/warehouse with a breakdown of approximately 10%/90%
• Building will be a LEED certified building
• Signage they would like some flexibility with the freestanding sign

Vice-Chairman Knapp opened the meeting for public comment. 

The following comments were registered:
Ed Farr, Farr Architects provided a presentation and a rendering of the site commenting on the following:
• We were before you in December, 2010 with a concept plan review
• Rotated the two northerly buildings
• Removed one of five curb cuts
• Parking we project will be 5-10% as office and 90-95% for warehouse – will adopt to the user we get
• One site shows as single loading, we have an alternate that provides for dual cross docking which provides for shipping and receiving
• Landscaping we show a greenway on the interior of the site which separates the buildings
• Retaining wall
• First in the Twin Cities area to embrace the LEED program with materials that are from the local area

Commissioner Denker moved, Commissioner Terhaar seconded a motion to close the public hearing.

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

The Planning Commission discussed the following:
• Not providing the islands within the parking as required by our ordinance; larger signs than allowed, and upcast lighting all are against our ordinances
• A Master PUD allows the City to deviate from the ordinances for such things as landscaping and signage
• Provide more screening of the property especially along the south property line; cross docking area; more green area around the entire perimeter of the development
• Concerns with the access provided off of CSAH 13/Brockton Lane.  You can’t see what is coming in that area already and then to add an access would be asking for trouble
• The County said it is ¼ mile south of the S. Diamond Lake Rd./Brockton Ln. intersection which is enough distance to manage the lane changes with a dual dedicated turn lane
• Should all docking areas be internal?
• Perimeter landscaping is consistent with all other buildings/developments in the area
• Should have the islands in the east and west parking lots

Commissioner Denker moved, Commissioner Breun seconded a motion to recommend approval of the Preliminary Plat of Liberty Industrial Park at Diamond Lake subject to all the following conditions:
1) Update the final plat showing all required right-of-ways for existing roadways and future right-of-ways.
2) Update the final plat to include 10’ drainage and utility easements interior to all lot lines.
3) Update the final plat to include the appropriate easements or dedicated right-of-ways for the future County Trail on CSAH 13 as required by the approved Parks, Trails and Open Space Plan.
4) The City will require a plat opinion letter from Liberty Trust with the submission of the final plat.
5) The AUAR must be finalized prior to the commencement of any grading or improvements to the site.
6) A decision must be made on the wetland delineation and mitigation plan prior to the commencement of any grading or improvements to the site.
7) Final Engineering Plans must meet all City and County Specifications as required by the  City.
8) In order to grade early, the final grading, erosion control, stormwater  plan (SWPPP) must be prepared and approved by the City.
9) Grading requires a permit and fee from the City.
10) Grading requires approval from the Elm Creek Watershed Management Commission and a permit from the PCA.
11) Prior to the commencement of any grading or improvements, Liberty Trust must provide a construction improvements bid(s).
12) Prior to the commencement of any grading or improvements, the City requires a financial guarantee in an amount approved by the City Council to cover the cost of the improvements and construction monitoring by the City.
13) Prior to the commencement of any grading or improvements, the City will require a pre-construction meeting with all contractors and sub-contractors.
14) Prior to final approvals, the Fire Chief must sign off on all plans.
15) Final County roadway construction plans must be signed off and access permit must
16) Liberty Trust shall obtain, and the City shall receive, all necessary private property owner construction easements prior to the commencement of improvements on or near private property.
17) Provide the City with a proof of parking area for Phase I or amend the Site Plan to add some additional parking.
18) Provide the City with a cross access easement and exhibit showing the geographic areas devoted to the easements to allow for access over each site and shared parking.
19) Update the landscape plan to include additional trees and shrubs in the east and southeast side of the property around the NURP pond and near the entrance of the site, especially around the freestanding sign.
20) Provide an updated landscape plan or in the CSAH extension plans, account for some additional trees and landscaping on the western edge of the future trail.
21) Lighting
22) The City will require a full review of the building plans by Metro West and a permit must be approved prior to construction.
23) The City will require a building permit for the sign package prior to installation.
24) Provide the City with a cross-section, structural plan, materials, railing specifications for all retaining walls exceeding the height maximum requirement.
25) The City requires the refuse specifications be included with the building permit for each building as developed.
26) The City Engineer and Public Works Superintendent must review and sign off on all final private and public construction documents.
27) The City should consider screening along the southerly property line, the southeast corner near the main access off of CSAH 13, and the southwest corner of phase one near Wilfred Lane.
28) On the alternate site plan for phase one, considerations should be made for the screening of the parking areas that abut the right-of-way, and the City should consider keeping the requirement of a landscape island for every 12 parking stalls when parking is adjacent to right-of-way areas.

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

Commissioner Denker moved, Commissioner Breun seconded a motion to recommend approval of a PUD Master Plan to facilitate the phase construction of three warehouse buildings subject to all the following conditions:
1) Update the final plat showing all required right-of-ways for existing roadways and future right-of-ways.
2) Update the final plat to include 10’ drainage and utility easements interior to all lot lines.
3) Update the final plat to include the appropriate easements or dedicated right-of-ways for the future County Trail on CSAH 13 as required by the approved Parks, Trails and Open Space Plan.
4) The City will require a plat opinion letter from Liberty Trust with the submission of the final plat.
5) The AUAR must be finalized prior to the commencement of any grading or improvements to the site.
6) A decision must be made on the wetland delineation and mitigation plan prior to the commencement of any grading or improvements to the site.
7) Final Engineering Plans must meet all City and County Specifications as required by the  City.
8) In order to grade early, the final grading, erosion control, stormwater  plan (SWPPP) must be prepared and approved by the City.
9) Grading requires a permit and fee from the City.
10) Grading requires approval from the Elm Creek Watershed Management Commission and a permit from the PCA.
11) Prior to the commencement of any grading or improvements, Liberty Trust must provide a construction improvements bid(s).
12) Prior to the commencement of any grading or improvements, the City requires a financial guarantee in an amount approved by the City Council to cover the cost of the improvements and construction monitoring by the City.
13) Prior to the commencement of any grading or improvements, the City will require a pre-construction meeting with all contractors and sub-contractors.
14) Prior to final approvals, the Fire Chief must sign off on all plans.
15) Final County roadway construction plans must be signed off and access permit must
16) Liberty Trust shall obtain, and the City shall receive, all necessary private property owner construction easements prior to the commencement of improvements on or near private property.
17) Provide the City with a proof of parking area for Phase I or amend the Site Plan to add some additional parking.
18) Provide the City with a cross access easement and exhibit showing the geographic areas devoted to the easements to allow for access over each site and shared parking.
19) Update the landscape plan to include additional trees and shrubs in the east and southeast side of the property around the NURP pond and near the entrance of the site, especially around the freestanding sign.
20) Provide an updated landscape plan or in the CSAH extension plans, account for some additional trees and landscaping on the western edge of the future trail.
21) Lighting
22) The City will require a full review of the building plans by Metro West and a permit must be approved prior to construction.
23) The City will require a building permit for the sign package prior to installation.
24) Provide the City with a cross-section, structural plan, materials, railing specifications for all retaining walls exceeding the height maximum requirement.
25) The City requires the refuse specifications be included with the building permit for each building as developed.
26) The City Engineer and Public Works Superintendent must review and sign off on all final private and public construction documents.
27) The City should consider screening along the southerly property line, the southeast corner near the main access off of CSAH 13, and the southwest corner of phase one near Wilfred Lane.
28) On the alternate site plan for phase one, considerations should be made for the screening of the parking areas that abut the right-of-way, and the City should consider keeping the requirement of a landscape island for every 12 parking stalls when parking is adjacent to right-of-way areas.

On the vote, members Breun, Denker, Knapp, Terhaar and Busch voted AYE with member Kornovich voting NAY.  Motion carried.

Member Kornovich stated he is opposed based on the unsafe access shown on Brockton Lane/CSAH 13.

Commissioner Kornovich moved, Commissioner Terhaar seconded a motion to recommend approval of the rezoning of 55.25 acres from agricultural to L-I, Limited Industrial.

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

NEW BUSINESS
A.  First Reading of Code Merger Annexation – Subdivision Ordinance
Planning Consultant Lorsung provided the background information commenting on the following:
• Long process that this has gone through – this will go to the Hassan Planning Commission for review, then the final changes will be brought back to the Rogers May 17th Planning Commission meeting for final review and recommendation
• No changes to the park dedication section of the ordinance
• Open house is scheduled for Monday, April 25th at the Rogers Community Room

There was a brief discussion by the Planning Commission.  Planner Lorsung stated that the joint planning board will be meeting the first Wednesday in May (May 4th) at the old Hassan Town Hall and everyone is invited to attend.

No action required.

ADJOURN
Commissioner Breun moved, Commissioner Knapp seconded a motion to adjourn the meeting at 10:05 p.m.

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