2010 Agendas / Minutes

MINUTES
ROGERS PLANNING COMMISSION
OCTOBER 19, 2010

CALL TO ORDER
The meeting of the Rogers Planning Commission was held on October 19, 2010 at 7:00 p.m. was called to order with Commissioners Stanley, Ihli, Noto, Kornovich, Breun, Terhaar, and Denker present.  

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

Member(s) excused:  Knapp and Olsen.

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 September 21, 2010 Planning Commission Minutes
Commissioner Stanley moved, Commissioner Ihli seconded a motion to approve the Consent Agenda.

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 – Gordy Rouillard
Planning Consultant Lorsung provided the background information commenting on the following:
• Open and postpone the public hearing
• During further review of the application, it was determined that the distance between the two billboards are not what is required by ordinance

Chairman Noto opened the meeting for public comment. 

The following comments were registered:
Planner Lorsung stated that the notice was posted and when reviewing the application it was determined that the distant between the two billboards was not the 1000 feet that is required by ordinance.  The applicant has been asked to provide the City with a survey to insure compliance with the ordinance. 
Commissioner Noto stated that this is a major issue at this time.

Commissioner Breun moved, Commissioner Kornovich seconded a motion to postone the public hearing to the November 16th Planning Commission meeting.

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

B.  Public Hearing to Consider a Conditional Use Permit Application Associated with the Replacement of an Existing Billboard with a digital Billboard by CBS Outdoor - Dahlheimer property
Planning Consultant Lorsung provided the background information commenting on the following:
• This is one of 3 applications to convert one side of a billboard to a digital face.
• This is requesting the east face for the westbound traffic
• Application is in compliance with the ordinance
• Public messages will also be shown on the digital side

Chairman Noto opened the meeting for public comment. 

The following comments were registered:
John Bodger, CBS Outdoor stated that the CBS is currently working with the City on the lease agreement for the billboard that was previously approved on the city hall property.  Our goal is to have 2 digital billboards for sure.
Commissioner Noto commented that the City Hall site was approved in August.
John Bodger stated that they switched the sign faces again and would like to have the billboard on the city hall property be for the westbound traffic.
Commissioner Noto inquired if this conditional use permit will be for 20.5 years and then it is completely done.
Planner Lorsung stated that was correct per the city’s sign ordinance.  Should the ordinance change, the conditional use permit could be amended.  It would be reviewed under the current standards at that time.

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

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

The Planning Commission discussed the following:
• Revise condition #5 to read “conditional use permit” rather than resolution
• CBS Outdoor requested the hours of the sign operation to be 6:00 a.m. to midnight.  Most signs are turned off during the hours of midnight to 6:00 a.m.
• Public announcements will be put on the digital billboards via an email message

Commissioner Ihli moved, Commissioner Stanley seconded a motion to recommend approval to the City Council subject to the following conditions:
1. Provide the City a new lighting plan for the west face of the billboard that shows only downcast lighting sufficient enough to allow for adequate visibility of the sign.
2. The billboard; in its entirety, will only be allowed for 20.5 years following the approval by the City Council and must be taken down immediately after that time period expires.
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 document of approval must be recorded.

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

C.  Public Hearing to Consider a Request by Reynolds Food Packaging, LLC for Preliminary and Final Plat Approval of Reynolds Addition, the Replatting of Lots 1 through 6, Block 1, Rogers Plastic Center
Planning Consultant Lorsung provided the background information commenting on the following:
• Open and postpone the public hearing
• During further review of the application, it was determined that a variance would also be required for the replat due to one of the buildings not meeting the sideyard setback requirement.
• City will renotice to include the variance request

Chairman Noto opened the meeting for public comment. 

The following comments were registered:
Joanne Taylor, 22452 Quail Circle:  We are here because of the constant noise, expansion, intercom usage, and work still going on at 11:30 p.m.
Planner Lorsung stated that she had received a phone call from a concerned resident.  I will be looking at all noise abatements and other problems before the meeting next month.
Commissioner Noto stated that this will be renoticed again.
Joanne Taylor:  What is the noise ordinance right now?  This has been 7 years of noise for us.
Planner Lorsung stated that she was unaware of the noise issue until she had received the call and learned that this had been a problem for sometime.  There is no expansion of the business being requested, it is only the replatting of the existing parcels.
Julie Pittman, 22453 Quail Circle:  What is the variance issue then if the plan is the same?  They are not requesting an expansion then?
Planner Lorsung briefly explained that there are two property owners and the property has multiple property lines. It was discovered when a zoning letter was requested and the city requested that the platting issues get cleaned up and straighten out the lot lines.
Julie Pittman:  Is the platting approval allowing expansion?
Planner Lorsung stated that Reynolds Food Packaging owns all of the buildings and can use them as for an industrial use.
Commissioner Noto stated that they have no intention to expand.
Planner Lorsung added that there is not room on the property for expansion.
Julie Pittman:  Do they need a variance or a conditional use permit to change the use of the buildings?
Planner Lorsung stated that what they are doing at this time is a permitted use within the L-I, Limited Industry district.
Julie Pittman:  So this is just an administrative action then?
Commissioner Noto:  Yes, they are straightening the lines of the plat.  The noise issues we can address at the next meeting in Novemenber.
Planner Lorsung stated that this will give her the opportunity to address all of the other issues.  She cannot really get into anything tonight because the property owner is not present to comment.
Julie Pittman:  Do we get on the agenda then for the next meeting?
Councilmember Bell:  This issue has been going for some time now, a 4-5 year history.

Commissioner Breun moved, Commissioner Ihli seconded a motion to postpone the public hearing to the November 16th Planning Commission meeting.

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

OTHER BUSINESS
A.  Discussion with Todd McIntyre on Great Prairie Equestrian Center
Mr. McIntyre provided a Powerpoint presentation on the Great Prairie Equestrian Center, proposed for a portion of the Stones Throw property.  He introduced Dr. Tom Tweeten Board Member of the Minnesota Horse Commission

No action required.

B.  Variance Legislation Update
Planner Lorsung reviewed her memo on the variance legislation update with the Planning Commission.  She will keep the Planning Commission updated.

No action required.

ADJOURN
Commissioner Ihli moved, Commissioner Denker seconded a motion to adjourn the meeting at 8:32 p.m.

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