2011 Agendas/ Minutes

MINUTES
ROGERS PLANNING COMMISSION
MAY 17, 2011


CALL TO ORDER
The meeting of the Rogers Planning Commission was held on May 17, 2011 at 7:00 p.m. was called to order with Commissioners, Breun, Denker, Noto Knapp, Kornovich, Terhaar, Ende and Busch present.  

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

OPEN FORUM
No one wished to speak.

SET AGENDA
Chairman Noto 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 April 19, 2011 Planning Commission Minutes
Commissioner Breun moved, Commissioner Knapp seconded a motion to approve the Consent Agenda as submitted.

On the vote, members voted AYE.  Motion carried.

PUBLIC HEARINGS
A. (cont.) 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:
• Public hearing was closed at the last meeting – this should not be listed as a public hearing
• Fire Chief was favorable to the change in the evening traffic flow proposed – ingress from the south entrance and egress from the north entrance
• Zero lot line setback would allow for additional parking on the north
• All conditions are to be enforced
• Storage bin/container in the rear of the building must be removed

The Planning Commission discussed the following:
• Would additional parking in the rear allow enough room for trucks and unloading
• Final lift is to be completed prior to this business being opened and no improvements or modifications are to be made until final lift is completed and approved
• Concern with the rear parking – people would probably park on Fletcher Lane instead of walking around from the rear of the building
• Directional arrows will need to be painted on the blacktop to provide additional awareness of the change in traffic flow
• Possibly change striping of parking stalls to angular after the final lift is completed
• Final lift to be completed by June 30, 2011
• How will the revised traffic flow be enforced

Commissioner Noto moved, Commissioner Denker seconded a motion to recommend approval of the Interim Use Permit to Tom Spanier to facilitate an inflatable family fun center at 12510 Fletcher Lane, subject to the following conditions:
1. The owner must get administrative review and permit for all changes in use at the property whether the use is allowed by zoning or not.
2. The owner must update the parking plan prior to the final parking area improvements are completed Spring, 2011 to include the area to the immediate north of the north entrance as “proof of parking” for future expansion if needed.
3. The owner must provide the final lift of the parking lot prior and stripe the parking lot to include all 87 parking stalls as approved by June 30, 2011.
4. The owner must provide for the landscape beds as required by ordinance.
5. The hours of operation for Bounce House must be as follows:
    a. Monday: evening hours only
    b. Tuesday: daytime hours only
    c. Wednesday: daytime to 5pm only
    d. Thursday:  daytime to 8pm
    e. Friday:  daytime to 9pm
    f. Saturday:  daytime to 9pm
    g. Sunday:  daytime to 6pm but closed without exception when Church holiday services.
6. There shall be a minimum of thirty minute intervals between parties at the business.
7. The interim use permit will expire three years to the date of adoption by City Council.
8. The City must review and approve the building permit.
9. The building improvements must meet fire code and receive approvals from Fire Chief prior to starting the business.
10. The interim use permit will be reviewed every 6 months by staff for compliance.
11. The interim use permit may be revoked by the City at any time due to parking, noise, or circulation problems at the site.
12. The Interim Use Permit of approval must be recorded.
13. Removal of storage containers from the rear of the building.
14. Arrow striping through the pavement for traffic flow.
15. Restripe the parking stalls at an angle after the final lift improvement is completed and approved.
16. Striping of the parking area in the rear of the building, noting specific time for parking there.
  
On the vote, all members voted AYE.  Motion carried.

Mr. Daryl Schwartz, stated that this is an industrial zone, not retail.  He has a petition signed by 34 out of 36 residents that do not want additional retail to be allowed in this industrial building.  The City is creating an unsafe exit here, there are kids that are out there playing in the grass and someone is going to get hit.  This request should not have even gotten this far and certainly should not have gone pass here to the City Council.

B. Public Hearing to Consider Amendment to Chapter 121 in its Entirety Relating to Subdivisions
Planning Consultant Lorsung provided the background information commenting on the following:
• Explained the process for reviewing the amendments and itemized the final changes
• The variance law was just passed and signed by the Governor which triggers the City to review its ordinance on variances and provide change in the language
• There are a few additional changes within the sewage treatment systems
• This will be presented to the City Council in June

Chairman Noto opened the meeting for public comment. 

There were no comments registered.

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

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

Commissioner Noto  moved, Commissioner Ende seconded a motion to recommend approval of the changes to Chapter 121.

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

C. Public Hearing to Consider a Request by Malmborg’s Greenhouse for Site Plan Approval to Facilitate the Construction of a 72’ x 250’ Solid Steel Structure to Replace a Hoop House that Collapsed, Located at 20045 Co. Rd. 81
Planning Consultant Lorsung provided the background information commenting on the following:
• City is trying to work with this business owner and has kept the property zoned agriculture as it was in Hassan Township
• Owner is requesting to do improvements to buildings that had collapsed during the winter with the heavy snow loads
• Reviewed the parking, fire lanes, stormwater, etc. with staff
• Regular commercial business codes do not apply to an agricultural business
• There currently is a fire lane around the site
• The business recycles the rain water and reuses as much as possible, therefore staff is reviewing the storm water usage
• No proposed changes to landscaping, lighting, signage, etc.

Chairman Noto opened the meeting for public comment. 

The following comments were registered:
George Lucht, owner of Malmborg’s:  This is a steel post and trusses building, it will have a concrete floor.  Thought about adding 2 additional loading docks in the rear, but have decided against that now.  There is no permit required for an agricultural building.  The International Fire Code does not apply to agricultural use buildings either.  My plan is to eventually replaced more of the hoop houses with this type of structure.  Probably over the next 2-5 years.
Commissioner Knapp inquired what the zoning/use of this property is for the future.
Planner Lorsung stated that this is guided industrial and the market can change that too as the years progress and what the demand will be at that time.
George Lucht stated that as long as he can keep operating his business here he will.  He provides jobs for approximately 175 people and its a good business to have in Rogers.

Commissioner Noto moved, Commissioner Knapp seconded a motion to close the public hearing.

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

Commissioner Noto moved, Commissioner Ende seconded a motion to recommend approval of the Malmborg’s Greenhouse site plan to facilitate the construction of a 72’ x 250’ solid steel structure to replace an existing hoop house that collapsed, located at 20045 Co. Rd. 81.

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

D. Public Hearing to Consider a Request by Boulevard Financial for a Variance to Facilitate the Placement of a Wall Sign to be Attached to the North Side Wall of the Business Located at 12908 Main Street
Planning Consultant Lorsung provided the background information commenting on the following:
• Property is currently zoned B-1
• Sign ordinance requires signs to be parallel to the street
• There were 2 variances previously granted for this building in 2007
• Have provided the new “tests” to be reviewed tonight for this application

Chairman Noto opened the meeting for public comment. 

The following comments were registered:
Aaron Kolkman, Boulevard Financial, applicant: I would like to enhance the area with the sign I am proposing.  The actual size of the sign I am requesting is 14’ x 3’.  There is plenty of space for it on the building.  The sign would be located on the upper half of the building, but it would not be exactly centered.  I would like to keep it this size, not reduce it to 2’ x 8’. 
Commissioner Noto inquired if the All State sign is lighted.
Aaron Kolkman stated that yes it is, it was internal lighting.
Commissioner Breun commented that the size Mr. Kolkman is asking for is larger than what is allowed in that district.
Commissioner Denker commented that the sign cannot exceed 48 sq. ft.
Planner Lorsung stated that the previous two variances granted signs that were only 2’ x 8’.

Commissioner Noto moved, Commissioner Knapp seconded a motion to close the public hearing.
On the vote, all members voted AYE.  Motion carried.

The Planning Commission discussed the following:
• The entire 48 sq.ft. could be located on one side of the building
• Two part sign – letters are 18-20” tall and 14 feet long then the logo is a separate piece of the sign and is molded to fit
• Visibility for the businesses in the downtown area is critical

Commissioner Denker moved, Commissioner Ende seconded a motion to recommend approval subject to the following conditions:
1. The applicant may place a sign, up to 48 square feet in size pursuant to the Sign Ordinance on north side of the building.
2. The applicant may choose to place another sign on the south side of the building but the total amount of signage must not exceed 48 square feet.
3. The sign placement, whether on the north or south side, must either be centered over the existing signs on the building or abutting the corner of the building closest to the front façade.
4. The applicant must apply for a sign permit with the City.

On the vote, all members Breun, Denker, Noto Knapp, Ende and Busch voted AYE and member Kornovich voted NAY.  Motion carried.

NEW BUSINESS
A. Housing Action Plan
Planning Consultant Lorsung provided the background information commenting on the following:
• This is required as one of the official control updates
• Plan must be adopted in order to continue to participate in the Livable Communities Act
• LCA allows Rogers to compete for important grants that could assist with redevelopment, infrastructure improvements and property acquisition and cleanup
• Comp plan was adopted in December, 2010 – there is a 9 month statutory timeline to adopt all official controls and this is one of them
• Additional information may be provided by the City Council that will be included in the plan

The Planning Commission discussed the following:
• Affordable housing within our community – do we need to offer more of certain types or add new types
• What is missing – senior housing, transitional housing/hospice care, higher end apartment housing, or possible condo housing?
• Revitalize downtown area with higher end senior housing and retail
• Unstable time to plan for redevelopment
• Livable Community Act would have some grants to apply for to help with the cost of a downtown study upgrade
• Vital to get the downtown area going again – develop a plan
• Affordable housing is not needed in Rogers
• Each community is encouraged every 10 years or so to provide affordable housing – not just low income housing

Commissioner Noto moved, Commissioner Busch seconded a motion to recommend approval of the Housing Action Plan, including the changes to the downtown area and senior housing.

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

ADJOURN
Commissioner Noto moved, Commissioner Knapp seconded a motion to adjourn the meeting at 8:50 p.m.

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

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