2012 Agendas / Minutes

MINUTES
ROGERS PLANNING COMMISSION
JUNE 28, 2012

CALL TO ORDER
The meeting of the Rogers Planning Commission was held on June 28, 2012 at 7:00 p.m. was called to order with Commissioners Denker, Martin, Meadows, Ende, Noto and Swanson present.

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

Member(s) excused: Busch, Knapp, and Terhaar

OPEN FORUM
No one wished to speak.

SET AGENDA
The following items were added under "Other Business" by Commissioner Martin:
• Sign ordinance discussion
• Hardee's lights
• Revised Zoning Map
• Mixed Use Zoning

CONSENT AGENDA*
A. Approval of the May 15, 2012 Planning Commission Minutes
Commissioner Martin moved, Commissioner Swanson seconded a motion to approve the Consent Agenda with the corrections noted.

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

PUBLIC HEARINGS
A. Public Hearing to Consider a Request by Veit Companies for a Conditional Use Permit to Allow Two (2) Exterior Storage Tanks, Located at 20175 134th Ave. N.
Planning Consultant Grittman provided the background information commenting on the following:
• Property is zoned L-I and used as maintenance for their fleet vehicles and new operation of pipe coating
• There will be two tanks located on site – one tank for fuel for the maintenance of vehicles and another tank for the resin for the pipe coating process
• Applicants have worked with staff and the Fire Chief
• This Conditional Use Permit does not contain any approvals for signage, that would be a separate application
• Outdoor storage area shown as gravel on the site plan, this is required to be a dustless surface like concrete or bituminous

Chairman Noto opened the meeting for public comment.

The following comments were registered:
Commissioner Swanson inquired as to the size/volume of the tanks.
Riverwood Investors, LLC, 13325 Commerce Blvd.: We have concerns with the location of these tanks, what is actually going to be in them, will there be an odor? We are currently trying to sell the property. Do not want the tanks located right on the property line so that a potential buyer/renter would have issues or concerns with them. Will there be diesel in these tanks or what?
Riverwood Investors, LLC, 13325 Commerce Blvd.: I am the other owner of the property. If we had a potential buyer we just don't want this to screw up a sale of the property. Don't want any surprises.
Pat Waddick, Architect for Veit Companies: The tanks will not contain fumes. I have met with the Fire Chief on these tanks. The tanks have to meet certain fire codes and have to be contained, sealed, and no fumes. The firefighting equipment is located right there. I have worked with both the State and Fire Chief Feist on these tanks.
Commissioner Noto inquired if the resin tank that is going to be used to coat the pipes would be pumped into the building.
Pat Waddick: Yes is will
Commissioner Noto inquired if this process was currently being done on this site.
Pat Waddick: No.
Commissioner Denker inquired if this was a new business/component to the site.
Pat Waddick: This process is currently being done at Veit now, they are moving the process to this site.
Commissioner Noto asked if they were moving the business to expand it and if there are tanks for this on the site where this was being done.
There was no response from Mr. Waddick.
Commissioner Denker stated that the resin tank is approximately 5,000-6,000 gals. and the fuel tank is 500 gals.
Riverwood Investors, LLC: Can you tell me exactly where these tanks are going to be located on the site? Will they be on the fence line? Very concerned about location of these tanks because that could have an impact on a potential buyer/renter.
At this time, Pat Waddick, representatives of Riverwood Investors, LLC and the Planning Commission gathered so that Pat Waddick could show everyone on the site plan where the tanks would be located.
Riverwood Investors, LLC: If there is a smell that is coming from these tanks, then what?
Commissioner Martin stated that the city code would govern this. The recourse for violations would be the zoning code and also the conditional use permit itself. If any of the conditions within the conditional use permit is violated, that would be cause to revoke it.
Commissioner Ende stated that there were no odors from the previous powder coating company that was at this location.
Riverwood Investors, LLC: I am asking that all of our concerns are logged into the minutes and that the locations of the tanks are shown accurately.
Commissioner Noto stated that the tanks have been reviewed by the Fire Chief and that they are to be totally contained and sealed and there should not be any fumes or odors.

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

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

The Planning Commission discussed the following:
• Conditional Use Permit vs. Interim Use Permit – CUP assumes that the land use is acceptable to be there and it doesn't have a sunset clause; where an IUP changes the environment of the property for a period of time and does have a sunset clause
• This being a permanent fueling station vs. only for maintenance fueling

Commissioner Denker moved, Commissioner Ende seconded the motion to recommend approval of the Conditional Use Permit with the following conditions:
1. If any new or relocated signs are proposed, they shall be subject to a City sign permit.
2. The submitted grading and utility plan has shall be subject to comment and recommendation by the City Engineer.
3. Any new lighting shall comply with the provisions of Section 125.312 of the Ordinance.
4. Details regarding tank size and height be provided and determined to be acceptable by City Officials.
5. The acceptability of the storage tank locations shall be subject to comment and recommendation by the City Building Official and Fire Marshal.
6. The resin tank access drive be surfaced in bituminous to match the surfacing material used elsewhere on the site.
7. A determination shall be made by the Fire Marshal that both tanks are accessible to emergency fire apparatus.
8. The dispersal of fuel to vehicles unrelated to the on-site repair use shall be prohibited.
9. The Fire Marshal provide comment and recommendation in regard to fire safety issues.
10. The applicant demonstrate to the City that all applicable State and Federal requirements related to the bulk storage of flammable liquids have been satisfied.
11. The emission of noise, dust, fumes, and glare are not increased from what is currently on the site at this time.

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

B. Public Hearing to Consider a Request by Sand Companies, Inc. for a Conditional Use Permit for Outside Storage of Equipment, Located at 22851 Industrial Blvd.
Planning Consultant Grittman provided the background information commenting on the following:
• Property is zoned L-I which allows outdoor storage by Conditional Use Permit
• Materials/outdoor storage will be screened
• Majority of the storage lot is unpaved and by code it must have a dustless surface
• Grading and drainage to be reviewed by the Public Works Supt. and City Engineer

Chairman Noto opened the meeting for public comment.

The following comments were registered:
Jamie Thelen, Sand Companies, Inc.: Sand Companies is a general contractor that also provides property management for apartment complexes and hotels. Our main office is located in Waite Park. We were looking for a location from Maple Grove to Monticello along the freeway for the lawn maintenance portion of our business as we have accounts for approximately 30 rental properties and 8 hotels in this area. This would also be the outdoor storage of trailers with product in them for delivery later.

Jeremy Bork, VP Architecture for Sand Companies, Inc.: We have met with Fire Chief Brad Feist on this facility. The building will need to be sprinklered. The building will mostly be used for storage with some office area. The outside area will be used for the storage of job trailers, materials, and equipment used for the lawn maintenance service. There is an issue with the drainage from the property next to this parcel. The lot itself we would like to put down crushed granite right now to allow us time to see how the lot will work for storage and for drainage. This would allow us to do concrete as we are able to, not all at once.
Commissioner Noto commented that 2 acres is a huge amount of outdoor storage area.
Jeremy Bork: There will be job trailers with products in the trailers, equipment for the maintenance that will be used daily.
Jamie Thelen: The area will not all be used for storage. The semis that are bringing the trailers in also need room to turn around. These trailers may have furnishings for hotels or apartments that we are working on.
Commissioner Noto: What will the hours of operation be?
Jeremy Bork: Basically they will be 8-5 pm. But with snowplowing it could be earlier depending on the snow.
Jamie Thelen: The lawn maintenance operation would start between 6-7 am loading the equipment and leaving.
Commissioner Noto: The lawn mowers will be running then?
Jamie Thelen: The majority of them will be inside the building.
Commissioner Ende inquired if they were going to use crushed granite on the entire site.
Jeremy Bork: We would like to have concrete within the storage area. We will sprinkle the building, do a little remodeling inside, plant new trees and bushes for screening. Cleaning up the area and making it look better.
Commissioner Ende inquired if the entire outdoor storage area was required to be paved?
Consulting Planner Grittman stated that yes, the entire area is required to have a dustless surface.
Commissioner Ende asked if the entire area would be crushed concrete and for how long.
Jamie Thelen: We would like to have the temporary surface for one to two years prior to putting in the concrete. We want to see how the drainage flows on the property and what the issue is in the back corner.
Commissioner Denker inquired if there was a certain percentage that is allowed for outdoor storage.
Commissioner Ende as why the barbed wire around the top of the fence.
Jamie Thelen: We are using it as a deterrent so no one will climb over the fence.
Jeremy Bork: The trailers within the storage area will have merchandise for hotels and apartments that we are working on. Just trying to keep everything safe.
Commissioner Swanson inquired about the water drainage.
Jamie Thelen: The neighbor's water seems to be draining onto the back corner of this property. That is the main reason I would like to wait to put the concrete down. We need to see what is going on and how to fix it.
Commissioner Martin asked what would be the shortest time frame before putting the concrete down?
Jamie Thelen: One season for sure so we can see what is going on.
Commissioner Martin asked what would be done with the debris from doing the lawn maintenance?
Jamie Thelen: That will be disposed of, it will not be stored on site.

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

The Planning Commission discussed the following:
• Engineering review the drainage issues on the property
• The outdoor storage area needs to be maintained until it is finished with the concrete, no noxious weeds
• Condition in the conditional use permit to grant 12 months before the surfacing requirements are to be completed
• Mr. Thelen would prefer 2 years until the surfacing requirements are completed
• Possible interim use permit for 5 years, then review it and issue a conditional use permit

Commissioner Martin moved, Commissioner Ende seconded the motion to recommend approval of the Conditional Use Permit, but with conditions to ensure that the outdoor storage area is consistent with City ordinance and with contemporary conditions for such uses within the L-I zoning district. Specifically, those conditions should be as follows:
1. The outdoor storage area should be paved with concrete or bituminous paving, consistent with similar storage areas recently developed in the City.
2. The fence should be designed to show barbed wire arms extending inward over the property, rather than outward, consistent with city ordinance.
3. Any future grading or other site alterations shall be subject to further review the City Engineer and other City staff as required by the zoning ordinance and other related regulations.
4. The hard surface plan is completed within 24 months with direction from the City Engineer.

There was a brief discussion by the Planning Commission relating to allowing 2 years until the surface plan is done, some feel that 1 year would be sufficient. The applicant stated he would like the 2 years to allow them to review the issues, allow time to do the grading the correct way so there will not be any issues later on.

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

C. Public Hearing to Consider following amendments to the City Code:
Section 2-230 thru 235 – Planning Commission Rules and Establishment
Section 121 - 257 – Subdivision Ordinance Requirements for Park Dedication
Section 125 - 1 – Adding and Amending Zoning Ordinance Definitions
Section 125 - 30 – Administration of Zoning and Permit Applications
Section 125 - 36 – Regulations Governing Home Occupations
Section 125 - 226 – Establishment of Open Space Development "OSD" Overlay District
Section 125 – 326 – Regulations Governing Keeping of Livestock
Section 125 – 344 – Regulations Relating to Mining
Planning Consultant Grittman provided the background information and briefly reviewed with the Planning Commissioners the changes that were made to the sections noted.

Chairman Noto opened the meeting for public comment.

The following comments were registered:
Commissioner Martin noted some corrections that should be made prior to adopting these amendments.

Commissioner Ende moved, Commissioner Denker 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 Martin moved, Commissioner Swanson seconded the motion to recommend approval of the proposed amendments with the corrections identified tonight, reflecting the recommendation of the Joint Planning Task Force. The proposed changes include (1) necessary additions to the Rogers Zoning Ordinance subsequent to the annexation of Hassan Township; and (2) Administrative changes, corrections, and clarifications to existing text to reflect existing practice, current state law, or inconsistencies in the current ordinance language.

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

NEW BUSINESS
A. DSI Revised Site Plan
Planning Consultant Grittman provided the background information commenting on the following:
• Applicant is requesting to have fewer parking spaces that was is required
• Only need 23 for Phase I of the project
• Will provide proof of parking for the additional spaces

The Planning Commission discussed the following:
• Justification – they don't need that many spaces and all of the grade/curb improvements
• They do not need the required number of parking spaces as they are not going to be moving the offices over to the new building yet
• Development contract to be signed and filed
• Phase II could be 5-10 years out

Commissioner Noto moved, Commissioner Ende seconded a motion to recommend approval of the revised Decimet Sales (DSI) site plan, with the following conditions:
1. Review and approval by City Engineering and Public Works staff regarding grading, drainage, and erosion control.
2. Execution of a development contract specifying the proof of parking allowance for Phase I, granting the City of Rogers authority to require construction of up to an additional 21 parking spaces as shown on a plan marked for this purpose, along with a financial security adequate to enforce the agreement.

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

OTHER BUSINESS
• Sign ordinance discussion
• Hardee's lights
• Revised Zoning Map
• Mixed Use Zoning

Commissioner Martin stated the reason for the these items added to Other Business was so that they do not get lost or forgotten about. These are all items that need to move forward and this will serve as a reminder.

An update should be provided at the next meeting.

No action required.

ADJOURN
Commissioner Noto moved, Commissioner Swanson seconded a motion to adjourn the meeting at 8:28 p.m.

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

Members

Bernie Terhaar
Alternate #1
Bruce Gorecki
Member
Carl Knapp
Member
Dennis Meadows
Member
Dick Martin
Member
Kevin Jullie
Member
Steve Swanson
Member
Rick Ihli
City Council
Keith Neis
Member

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