2011 Agendas/ Minutes

MINUTES
ROGERS PLANNING COMMISSION
MARCH 15, 2011

CALL TO ORDER
The meeting of the Rogers Planning Commission was held on March 15, 2011 at 7:00 p.m. was called to order with Commissioners, Breun, Denker, Kornovich, Terhaar, Noto, Ende and Busch present.  

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

Member(s) excused:   Knapp.

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

On the vote, members voted AYE.  Motion carried.

PUBLIC HEARINGS
A.  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:
• Intended to hold a public hearing this evening, but have learned that the business was created by the owner and may not be a temporary use as is required for an Interim use Permit
• Have requested additional information from applicant, but did not receive it
• Received a call from a neighbor that expressed concern about the retail business at this location
• An interim use permit was issued last year for a portion of this building for use by Highpoint Church

Chairman Noto opened the meeting for public comment. 

The following comments were registered:
Jerry Ketter, 12475 Fletcher Lane:  I have concerns with the traffic this will bring.  The headlights coming out of the driveway shine right into our front windows.  There is already increased traffic from the dance studio and the church.  Is there enough parking on site to accommodate all of these activities?  I hope there will not be parking on the street, there is enough traffic here already.
Commissioner Noto thanked Ms. Ketter for attending the meeting tonight and invited her to come to the meeting next month where we will have more information on this application and the applicant should be present to answer questions also.

Commissioner Noto moved, Commissioner Denker seconded a motion to recommend opening and postponing the public hearing to the April 19, 2011 to allow staff to review the nature of the business and prepare a thorough review of the application.
  
On the vote, all members voted AYE.  Motion carried.

B.  Public Hearing to Consider a Request by Hennepin County Site Plan Approval for the Construction of a New Telecommunication Tower, 180 ft. Monopole with Antennas Above That to a Height no Higher than 199 feet, Located at 22350 S. Diamond Lake Road
Planning Consultant Lorsung provided the background information commenting on the following:
• Representatives from the Henn. Co. Sheriff’s Dept. are present tonight to answer questions
• This site is actually the City Hall property
• Began the process for this tower in the spring of 2010
• Lease arrangement has been approved by the Council
• Landscaping will be required for screening of the tower

Chairman Noto opened the meeting for public comment. 

There were no comments registered.

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

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

The Planning Commission discussed the following:
• John Gundersen of HCSO stated that the use of the tower will be for EMS coverage such as police, fire, medical
• Primary use will be public safety
• There will be no financial impact
• Should there be space available, the County has an option in the lease agreement that they can lease space to other users
• This tower is identified as a critical tower for this area
• There will be a back-up generator for the tower

Commissioner Noto moved, Commissioner Breun seconded a motion to recommend approval for the Site Plan review to construct a 180-foot cell tower for public purpose related to the Hennepin County Sheriff’s office at the City Hall site subject to the following conditions:.

1.  Provide the City with an amended site plan showing conifer trees spaced appropriately around the perimeter of the fence surrounding the cell tower.

On the vote, all members voted AYE.  Motion carried.
 
C.  Public Hearing to Consider Minor Amendments to Sections 125-190 and 125-191, RE-2 and RE-5 Districts
Planning Consultant Lorsung provided the background information commenting on the following:
• City annexed over 400 acres in August, 2010
• They came in as agriculture and now need to be rezoned to the appropriate district
• Rogers created 2 new zoning districts in July, 2010 to accommodate the properties
• This is the start of merging the two codes together
• These are small amendments

Chairman Noto opened the meeting for public comment. 

The following comments were registered:
Gary Schoeller, 13340 Williandale Rd.:  Where can I find the information that is here tonight prior to the meeting? 
Planner Lorsung stated that the information is on the City of Rogers website.
Gary Schoeller stated that he could not find it there. He has some questions about the rezoning.
Planner Lorsung stated that that item would be covered thoroughly when we get to agenda item 6.E.

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

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

There was a brief discussion by the Planning Commission.

Commissioner Breun moved, commissioner Denker seconded a motion to recommend approval of the final amendments to the RE-2 and RE-5 districts with one minor correction to remove the verbage “or a private road” from Sec. 125-191, Rural estate (RE-5) (f) Performance Standards (6).

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

D.  Public Hearing to Consider a Minor Amendment to Section 125-323, Accessory Structures for Rural Inclusion
Planning Consultant Lorsung provided the background information commenting on the following:
• City annexed over 400 acres in August, 2010
• They came in as agricultural and now need to be rezoned to the appropriate district
• The changes to the accessory structure ordinance are to accommodate the 2 new residential zoning districts
• Minor changes
• Additional square footage , number of structures beyond allowance, or any deviations to the ordinance for any zoning district will be reviewed by conditional use permit
• Number of structures, size, locations, setbacks
• Defining rural vs. urban

Chairman Noto opened the meeting for public comment. 

There were no comments registered.

Commissioner Kornovich 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:
• Current Rogers code only allows 528 sq.ft. additional
• Rogers did not have provisions for agricultural properties
• Properties with ag buildings on them are considered legal non-conforming at this time
• Majority of the RE2 lots are north of 141st Ave. with the RE5 lots being located south of Territorial Road
• Any deviation to the new ordinance will be dealt with by the Conditional Use Permit process

Commissioner Denker moved, Commissioner Breun seconded a motion to recommend approval of the final amendments to the Accessory Structure ordinance.

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

E.  Public Hearing to Consider the Rezoning of Properties that were Annexed into the City of Rogers in August, 2010
Planning Consultant Lorsung provided the background information commenting on the following:
• Over 400 acres of land annexed into the City in August, 2010
• Majority of the land is guided for single-family residential
• Map with the proposed new zoning districts corresponds to the spreadsheet in the packet with the Hassan zoning prior to annexation, proposed land use from the Hassan Township Comprehensive Plan and the proposed new zoning for Rogers.
• All changes have been discussed by the Joint Planning Board. 
• Properties owners were all notified
• Had conversations with a few residents

Chairman Noto opened the meeting for public comment. 

The following comments were registered:
Planner Lorsung requested that the following emails and letter from the following residents be made a part of the public hearing record:
• Mr. Boyd Amsler, Sr., vacant lot on Basswood Lane
• Paul Kangas, 13000 Wilfred Lane
• Bruce T. Schnurr, 24650 Territorial Rd.
• Phone call from Mr. Paul Zachman for his father Gilbert Zachman that he is comfortable with the proposed zoning for his property
Planner Lorsung provided a Power Point presentation, including maps and explained the process for the rezoning of the annexed properties as follows:
• Overview
• Comprehensive Plan
• Zoning/Proposed Land Use
• Joint Annexation Planning Board
• Proposed Changes
Father Moriarty, 21304 Church Ave.:  I would like clarification on the mixed use zoning and land use.
Planner Lorsung responded that it is a highbred of commercial and residential.  It encourages multiple uses within the same property.  It would encourage vertical development which is common in downtown areas.  These would be looked at on a case by case basis.
Father Moriarty asked what the cemetery on Fletcher Lane would be zoned as.
Planner Lorsung stated that the use of a cemetery is silent in the zoning districts, but they are not prohibited.  Should there be an expansion, that would need to be reviewed.
Father Moriarty stated that there is an expansion that is contiguous, they are in the process of determining the property lines.
Planner Lorsung stated that this use is silent within the code, the City will work with the church on the expansion.
George Lucht, 20045 Co. Rd. 81:  My site (Malmborg’s Greenhouse) has always been zoned agriculture, now it is proposed to be rezoned to industrial.  I am requesting that you leave it zoned as agriculture.  This greenhouse has been here for 20+ years and I have no intentions of developing it right now.  When the time comes, then rezone it.
Planner Lorsung stated that it is proposed industrial because the Hassan Township Comprehensive Plan had the guided land use for the future to be industrial, because of its location and the site is surrounded by industrial.  Expanding this type of use in the future will be difficult.  We can certainly work with Mr. Lucht on this.
Commissioner Noto inquired if Hassan had this as industrial and did you question it.
Mr. Lucht:  No, I never questioned it.  It has always been ag on my tax forms and in Hassan.
Planner Lorsung stated that we can work with him on this.  If zoned industrial, this type of use (active nursery) would not be permitted.
Commissioner Ende inquired if the owner could apply for an interim use permit to continue the nursery? She asked if the buildings were all moveable?
Mr. Lucht responded that the majority of the buildings all have cement floors and are not moveable.
Commissioner Ende suggested that the property remain as agriculture.
Mr. Lucht inquired why would you rezone it to industrial now and make it a non-conforming use?
Planner Lorsung stated that the rezoning is administrative due to the policy in the Comprehensive Plan guiding the property industrial.  Expansion of the current use would not be encouraged.
Commissioner Noto asked if there would by any type of impact to the City leaving this property zoned as agriculture.
Planner Lorsung stated that by Minnesota State law you have 9 months to update the zoning after the Comprehensive Plan has been updated.  The city has the official control of what the zoning will be for a property.  The Fletcher by-pass, Brockton Interchange and other improvements in the area would trigger the rezoning of this area.  If the Planning Commission made a recommendation and the City Council agreed that agriculture is an appropriate zoning, that is the right of the city to decide.
Mr. Lucht stated that he has been at this location since 1964.
Planner Lorsung commented that the market would do the job of the Planning Commission in changing the land use and administrative zoning change to the property.
Commissioner Noto commented that Malmborg’s has 17 acres here.
Alvern Krinke, 12185 Fletcher Lane:  When is this Fletcher by-pass going to happen?  When it does happen, it is going to create one heck of a problem here.
Planner Lorsung commented that the City of Dayton, City of Rogers, and Hennepin County have been working together on this.  This project is currently unfunded and there are not funds available at this time and there is no development spurring the need for it right now.
Jerry Ketter, 12475 Fletcher Lane:  Can you tell me what our zoning of R-2 means?
Planner Lorsung responded that it is single family, which is the lowest density with city sewer and water.
Keith Erickson, 12320 Fletcher Lane:  What is the proposed zoning exactly in this area?
Planner Lorsung responded that it is R-3, mid-density residential and mixed uses.
Tom Richtsmeier, 21080 Territorial Rd.:  Is this zoning going to affect my property without sewer and water?  Am I going to be forced to have sewer and water?
Planner Lorsung:  Right now you are zoned R-2, single family. It is your right to continue as you are today.  In the future if you want to develop or sell, then it will need to be reviewed.
Mr. Richtsmeier:  So when I sell then I have to have sewer and water?
Planner Lorsung responded that it is not available in that area but could be extended.
Mr. Richtsmeier:  So I will never be forced to hook up and continue as it is now?
Planner Lorsung responded that when the opportunity is there he can choose to connect or not as long as his septic system is fine.
Mr. Richtsmeier:  The properties that are zoned MU-N - what exactly does that allow?
Planner Lorsung stated this type of zoning allows for commercial, office, retail, home business along with a mix of residential including single family, townhomes, condos, apartments, and is located in the Fletcher area.  The density for residential is less than other mixed-use zoning districts.
Mr. Richtsmeier:  Can I operate a small business with a conditional use permit here?
Planner Lorsung stated yes with a conditional use permit.
Mr. Richtsmeier:  So I can continue operating my business the way I have been and I don’t have to change the zoning or anything then.
Planner Lorsung stated that the license has a time limit on it and will be reviewed when it expires.  Hassan licenses are good for 5 years and at the end of that 5 years they are reviewed and if applicable renewed.
Dick Martin, Hassan Planning Commissioner stated that the Malmborg Nursery is guided industrial, but zoned agriculture.  There is value to having the company located locally and for our residents to shop.  I would recommend that you leave it as agriculture so that they can remain here and continue to serve our residents.
Commissioner Noto asked why Hassan has it guided industrial.
Mr. Martin stated because of the physical location among the industrial buildings.  As long as they wish to remain where they are, we should allow them to.
Mr. Lucht stated they also have a location in Brooklyn Center, where they are non-conforming and are no longer allowed to make any enhancements to the property.  They have made it difficult with restrictions as to what we can do on site.

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

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

The Planning Commission discussed the following:
• Allowing Malmborg’s to remain agricultural until the use changes or the property is sold

Commissioner Ende moved, Commissioner Noto seconded a motion to recommend approval of the final rezoning for each property for consideration by the City Council with the exemption of  Malmborg’s Nursery to remain as agriculture until the time the property is sold or the use changes.
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:
• Explained the process for the review – through Joint Planning Board as required by the orderly annexation agreement
• Scheduled to be reviewed at the Joint Planning Board meeting on March 2nd, but was tabled to the April 6th meeting
• Review recommended changes for the April Planning Commission meeting

The Planning Commission discussed the following:
• Setting joint open house meeting for Monday, April 25th
• Next joint planning board meeting is scheduled for Wed., April 6th at 6 p.m.

No action required.

ADJOURN
Commissioner Noto moved, Commissioner Breun seconded a motion to adjourn the meeting at 8:58 p.m.

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