2012 Agendas / Minutes

MINUTES
ROGERS PLANNING COMMISSION
DECEMBER 27, 2012

CALL TO ORDER
The meeting of the Rogers Planning Commission was held on December 27, 2012 at 7:00 p.m. was called to order with Commissioners Knapp, Martin, Meadows, Noto, and Busch were present.

Also present were City Planning Consultant Steve Grittman, Deputy Clerk Splett and Councilmember Ihli.

Member(s) excused: Denker, Ende, Terhaar and Swanson.

OPEN FORUM
No one wished to speak.

SET AGENDA
The agenda was set as submitted.

CONSENT AGENDA*
A. Approval of the November 29, 2012 Planning Commission Minutes and December 17, 2012 Special Planning Commission Minutes
Commissioner Knapp moved, Commissioner Martin seconded a motion to approve the November 29, 2012 Planning Commission Minutes and the December 17, 2012 Special Planning Commission Minutes as submitted.

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

PUBLIC HEARINGS
A. Public Hearing to Consider a Request by True Value Hardware for a Conditional Use Permit for the following:
• Outdoor display next to building including propane exchange cabinet
• Seasonal parking lot greenhouse and outdoor sales area
Planning Consultant Grittman provided the background information commenting on the following:
• These are an accessory to the permitted use
• The greenhouse component is a prohibited use unless it is an accessory use
• The greenhouse dates will be April 15th to July 15th for seasonal sales
• Holiday sales will be in November and December
• The outside sales and the propane tank exchange will be located in the front of the building
• Primary issue is the parking lot area. With the greenhouse it will reduce the available parking spaces from 130 to 109 parking spaces
• A survey of parking was conducted in late October/early November and the most cars on site was 34
• There is additional property that could accommodate more parking

Chairman Noto opened the meeting for public comment.

There were no comments registered.

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:
• Concern with holiday sales from Nov. 15 to Dec. 31. Don't sell trees for 2 months, what other items will be sold
• Mostly selling Christmas trees, some wreaths and other related items.
• Use of a Special Event Permit for the sale of the trees
• Time frame is allowing for a 1-2 week buffer for setup and take down
• Storage of product behind the building which faces John Milless Drive should be enclosed or screened.
• Product is stored on pallets and moved to the front of the building as needed. Move with a forklift, it storage is enclosed it would make it difficult for the forklift to move materials
• Consensus is the storage in the rear of the building that fronts John Milless Drive should be screened and the dumpsters should be enclosed as is required by zoning ordinance
• Property owner, Chuck VanHeel, requested they be allowed some time to see how it works out and then we can move forward with the screening.

Commissioner Martin moved, Commissioner Noto seconded the motion to recommend
approval of the Conditional Use Permit for open sales and storage, based on findings that the proposed sales activities meet the conditions of the Zoning Ordinance, and are consistent with the existing and future surrounding land uses in the area. This recommendation is contingent on the following conditions being met:
1. The City shall reserve the right to require to construction of additional parking stalls if a need (as determined by the City) should arise.
2. Materials displayed/stored shall be situated in an orderly manner and shall not constitute junk as defined by the City Code. The storage on John Milless Drive side of the building be screened with opaque fencing no later than March, 2014.
3. Greenhouse sales activities shall occur between April 1 and July 15th and shall be subject to the following hours of operation:
• Monday through Friday - 8:00 am to 7:00 pm
• Saturday - 8:00 am to 6:00 pm
• Sunday 9:00 am to 6:00 pm
4. Holiday sales activities shall occur between November 15th and December 31st.
5. Hours of operation of holiday sales shall be provided and be subject to City approval.
6. Accessory outdoor sales shall be limited to greenhouse and holiday sales activities (proposed as part of the application). Outdoor sales of different items and different times shall require the processing and approval of a CUP amendment.
7. All materials displayed/stored shall be directly related to the principal use.
8. Any new lighting associated with the outdoor sales/display activities shall meet the lighting requirements of the Zoning Ordinance.
9. The recommendations of the Fire Chief in regard to propane tank storage, as well as other display, shall be satisfied.
10. Any signage erected upon the site shall meet the requirements of the City's Sign Ordinance.
11. Findings and recommendations of other City staff will be adhered to.

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

B. Public Hearing to Consider a Request by 101 Marketplace/RMK Partners, LLC for a PUD Amendment to Allow Tenants to Have Signage on the North Side of the Building, Located at 14165 James Road
Planning Consultant Grittman provided the background information commenting on the following:
• Applicant was denied a sign standard adjustment this year
• Allow tenants to have some signage on the north wall of the building to be visible from southbound Hwy 101 which may also enhance the appearance of the building
• The amendment does not allow an increase to overall signage of the building, just flexibility for those who would want signage on the north wall
• Language provided to be included in the PUD Agreement amendment to address what is allowed on the north wall of the building

Chairman Noto opened the meeting for public comment.

There were no comments registered.

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:
• Requested the property owner to bring the freestanding/reader board signs on the property into compliance with what was allowed in the original PUD Agreement. Hard to allow additional signage when not following the current agreement.

Commissioner Noto moved, Commissioner Martin seconded the motion to recommend approval of the PUD Amendment with the following language:

"Alternative Wall Sign Configuration for PID 1112023430011 at 14165 James Road. The owner, or the individual tenants, may choose to allocate a portion of the signage otherwise permitted on the front (south) wall of the building to the back (north) wall. This clause is not intended to increase the allowable signage for any individual tenant in the PUD, but rather, shall be used only to permit the signage otherwise allowed by the PUD to be placed on up to two wall locations. Signage placed on the north wall shall comprise no more than 50% of the allowable signage for any individual tenant, and shall be sized and located on the building in the same manner as if it were placed on the south wall. This allowance may be exercised through the application for an administrative sign permit, and, providing it meets all other requirements of the PUD for size, location, construction, or other requirements, may be issued by staff as a permitted sign."

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

C. Public Hearing to Consider a Request by Grady Kinghorn for Preliminary and Final Plat Approval of Kinghorn Industrial Park
Planning Consultant Grittman provided the background information commenting on the following:
• This is a 43+ acre parcel that will be developed into 1 lot and 1 outlot to provide for the development of a 150,000 sq.ft. office/warehouse building
• The plat is being revised as staff comments are provided
• Setback around the wetland area varies from the 20 ft. that is required, applicant is asking that it be 10 ft. minimum setback and it widens in some areas. This would be consistent with the findings of the City's consultant
• Access is directly across from the current access for ICA Corporation
• Continue to work on the details – plat looks as we expected it too

Chairman Noto opened the meeting for public comment.

The following comments were registered:
Steve Hoaglund, ICA Corporation: I am not sure if this is where I should ask for this, but I would like to request that the no passing lanes be extended. With the additional traffic on Brockton Lane already, and this will bring more, the no passing lanes really need to be extended. It currently stops between the Dayton Trailer Park and our building, ICA corporation.
Planner Grittman stated that this will be brought up to the County.

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

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

The Planning Commission discussed the following:
• The wetland item is to be worked out, there are no other variances or requests
• Complies with our code

Commissioner Meadows moved, Commissioner Knapp seconded the motion to recommend preliminary and final plat approval subject to the following conditions:
1. The applicants demonstrate that the location and design of the drive apron in Lot 1 has the approval of Hennepin County.
2. The applicant shall be required to meet all park land dedication or fee requirements as determined by the City.
3. The applicant will need to gain approval to fill in the small existing wetland on the east boundary of the property, between Lot 1 and Outlot A, and the mitigation wetland shall be designed according to the requirements of the City and Watershed District.
4. Property line drainage and utility easements must be increased to 12 feet at the front property lines, and six feet along rear and side property lines, and a minimum 20 foot drainage easement must be provided around the site's wetlands, or variable width as identified by the City consultant.

5. Meet all lighting requirements required by the City, which may include street lighting at the intersection of Brockton Lane and the access drive to Lot 1, and any additional lighting as recommended by the City Engineer.
6. The final design of all drainage and water discharge areas shall be approved by the City Engineer prior to final plat approval.
7. All utility lines for telephone and electrical service shall be required to have buried utility lines.
8. Final plans are approved for municipal sanitary sewer and water services as required by the City Engineer.
9. Comments and recommendations of other city staff.

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

NEW BUSINESS
A. Discussion on the Sign Standard Adjustment
Planning Consultant Grittman provided the background information commenting on the following:
• City Council has authorized the Planning Commission to review this
• Planning Commission felt that the process of the sign standard adjustment is too open ended
• There are 4 ways that a property owner could request to vary from signage that is allowed
• An option is to eliminate the sign standard adjustment and require a variance for signs
• Another option is to keep the sign standard adjustment and add parameters to make it a little more restrictive

The Planning Commission discussed the following:
• Delete numbers 2 and 3 – feels it needs to be a site condition to enable any adjustment
• Tighten up the current sign standard adjustment process
• It should not be driven by "I want" – it should be driven by site conditions, then it would be reasonable

Commissioner Martin moved, Commissioner Noto seconded the motion to recommend holding a public hearing at the January 24, 2013 Planning Commission meeting to amend Section 113-13 – Sign Standard Adjustments of the sign ordinance.

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

OTHER BUSINESS
A. Commission Membership Interviews for 2013
The advertisement was been sent to the City's official paper, North Crow River News to be published two times and also on the City's website. Applications were to be in by noon on Thursday, Dec. 13th. We received 5 applications. Commissioner Denker was interviewed at the December 17th Special Planning Commission meeting because he was not able to attend this meeting due to traveling over the holidays.

The Planning Commission interviewed the following four applicants:
1. Tom Burr 3. Carl Knapp
2. Bruce Gorecki 4. Christopher Reilly
Commissioner Martin moved to recommend that Alternate Swanson be moved to a seated position.

Motion died due to lack of a second.

Each applicant introduced themselves and stated why they are interested in serving on the Planning Commission. They also answered a few questions that were asked by the Planning Commission.

The applicants were thanked for their time and desire to serve on the Planning Commission.

After the interviews, the Planning Commission took a ballot vote voting for 3 sitting members. Deputy Clerk Splett tallied the votes with the applicants receiving the most votes for the seated position being Brian Denker, Carl Knapp and Tom Burr.

Commissioner Noto moved, Commissioner Martin seconded a motion to recommend Brian Denker, Carl Knapp and Tom Burr be appointed to the open seated positions of the Planning Commission.

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

Certificate of Appreciation – Mike Noto
At this time, Councilmember Ihli presented a Certificate of Appreciation to Planning Commissioner Mike Noto and thanked him for all of his service to the City of Rogers. All members wished Mike well.

ADJOURN
Commissioner Noto moved, Commissioner Meadows seconded a motion to adjourn the meeting at 8:55 p.m.

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

Members

Bernie Terhaar
Alternate #1
Brian Denker
Member
Bruce Gorecki
Member
Carl Knapp
Member
Dennis Meadows
Member
Dick Martin
Member
Kevin Jullie
Member
Steve Swanson
Member
Tom Burr
Alternate #2
Rick Ihli
City Council