2013 Agendas / Minutes

MINUTES
ROGERS PLANNING COMMISSION
JANUARY 24, 2013

CALL TO ORDER
The meeting of the Rogers Planning Commission was held on January 24, 2013 at 7:00 p.m. was called to order with Commissioners Martin, Meadows, Denker, Ende, Terhaar, Swanson, Busch and Burr were present.

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

Member(s) excused: Knapp.

OPEN FORUM
No one wished to speak.

SET AGENDA
The agenda was set as submitted.

CONSENT AGENDA*
A. Approval of the December 27, 2012 Planning Commission Minutes
Commissioner Martin moved, Commissioner Meadows seconded a motion to approve the December 27, 2012 Planning Commission Minutes as submitted.

On the vote, members Martin, Meadows, Busch voted AYE. Motion carried.

Members Denker, Ende, Terhaar, and Swanson abstained.

ITEMS RELATING TO THE PLANNING COMMISSION MEMBERSHIP:
A. Commission Offices for 2013
Commissioner Ende moved, Commissioner Swanson seconded a motion to appoint Brian Denker as Chairperson.

On the vote, members Martin, Meadows, Ende, Terhaar, Swanson, and Busch voted AYE and member Denker voted NAY. Motion carried.

Commissioner Ende moved, Commissioner Swanson seconded a motion to appoint Dick Martin as Vice-Chairperson.

On the vote, members Ende, Meadows, Denker, Terhaar, Swanson and Busch voted AYE and member Martin voted NAY. Motion carried.

PUBLIC HEARINGS
A. Public Hearing to Consider a Request by Rapid Marine for a Conditional Use Permit to allow the re-installation of an above ground 550 gal. fuel tank, located at 21150 Rogers Dr.
Planning Consultant Grittman provided the background information commenting on the following:
• The tank will be located on the pad from the previous tank
• No general public use of the fuel

Chairman Denker opened the meeting for public comment.

The following comments were registered:
Ricky Brown, rep. from Rapid Marine: The fuel tank will only be used for boats that we are working on or prepping for delivery.
Commissioner Meadows inquired what size was previously there.
Ricky Brown: I believe it was a 500 gallon tank.
Commissioner Martin inquired if it was going to be placed on a concrete pad.
Ricky Brown: Yes.
Commissioner Martin inquired if it was going to be in a containment tank.
Mike Sorensen, rep. from Rapid Marine: Yes. The supplier is providing the containment tank for the fuel tank to be in.
Commissioner Denker stated that the code is defined in condition number 5.
Commissioner Martin stated how do we know what is required by State and Federal laws.
Ricky Brown: The contractor has met with the Fire Chief and reviewed the plans and location.
Commissioner Martin asked if the city building official has seen the plans yet.
Planner Grittman stated that the plans have not been submitted to the building inspector yet.
Commissioner Denker suggested that condition #1 be removed from the conditions.

Commissioner Martin moved, Commissioner Ende 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 Conditional Use Permit for Rapid Marine to allow the re-installation of an above ground 550 gal. fuel tank, located at 21150 Rogers Dr. with the following conditions:
1. The acceptability of the storage tank location shall be subject to comment and recommendation by the City Building Official and Fire Chief.
2. A determination shall be made by the Fire Chief that all tanks are accessible to emergency fire apparatus.
3. The dispensing of fuel to vehicles unrelated to on-site uses shall be prohibited.
4. The applicant shall demonstrate to the City that all applicable State and Federal requirements related to the bulk storage of flammable liquids have been satisfied.

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

B. Sign Ordinance Amendment – Sign Standards Adjustments
Planning Consultant Grittman provided the background information commenting on the following:
• This has been discussed at the last few meetings and the consensus was that this is too open-ended
• Goal is to tighten up this section

Chairman Denker opened the meeting for public comment.

There were no comments registered.

Commissioner Martin 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:
• What determines the distance, visibility, topo and other site conditions in condition #3 letters a-c?
• Appeal would fall under one of the conditions listed
• Change wording in condition #3 and eliminate a-c under condition #3; doesn't provide clear definitions
• Study has been done on how speed determines what you see of signage
• Applicant can state their case through the sign standard adjustment process and if denied the would still have the option of the variance process

Commissioner Martin moved, Commissioner Denker seconded the motion to recommend the changes provided with further changes as discussed to criteria No. 2 and No. 3:
(2) Add the word "to" between the words "increase" and "the"
(3) The Adjustment is found to be necessary to prove visual identification of the property due to site conditions that interfere with reasonable identification of the occupant.

There was a brief discussion relating to Planned Unit Development requirements in criteria no. 4.

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

NEW BUSINESS
A. Request by Travel Centers of America for Site Plan Approval of a Service Bay Addition, Located at 13400 Rogers Drive
Planning Consultant Grittman provided the background information commenting on the following:
• Expanding the service building by adding 2 additional bays that will be enclosed. One will be used for servicing and the other will be used as an enclosed storage area for tires
• This is a permitted use within the B-2 district
• Applicants have talked with the Fire Chief on additional water service
• Property is fully developed
• Meets the zoning ordinance requirements

Jarrod McCurdy, Cedar Corp., Representative for Travel Centers of America provided a short presentation reviewing with the Planning Commission the plans for the addition commenting on the following:
• Site layout
• Service bay will be enclosed – one used for servicing the vehicles the other for tire storage
• There are currently 212 parking stalls on the property
• Addition will not change the drainage on the property

Darian Beachy, Walton Signage, introduced himself, passed out proposed signage to the Planning Commission and asked that the signage also be considered as part of the site approval for Travel Centers of America stating that this is an important component to the site approval.

The Planning Commission suggested that Mr. Beachy follow the appropriate process for approval of signage. This cannot be done with the site plan request before them tonight.

Commissioner Denker moved, Commissioner Martin seconded the motion to recommend approval of the request by Travel Centers of America for site plan approval of a service bay addition, located at 13400 Rogers Drive, based on the findings that the plans generally meet the City's zoning ordinance requirements for development in the B-2 District. The following conditions are recommended by staff as a part of the site plan approval:

1. The applicant shall be meet the approval and recommendations of the Fire Chief in regards to fire safety and fire hydrants on the premises.
2. Grading, drainage, utilities, and related services shall be reviewed and approved by engineering and public works staff.
3. Stormwater management on the site shall be reviewed and approved by engineering staff. Additional stormwater management methods, for improved treatment of runoff from extensive impervious surfaces on the site, will also be provided to the City Engineer for review and approval.
4. Any sign and lighting changes go through the appropriate permitting process.

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

OTHER BUSINESS
A. Discussion of Section 2-231 (Terms, vacancies and organization of the Planning Commission) of the City Code.
Planning Commissioner Denker read through the proposed ordinance changes.

The Planning Commission discussed the following:
• Move Commissioner Swanson to a seated position from his alternate position
• Staff has suggested that this does not become a part of the ordinance.
• City Council makes the appointments and they can change them as they want.
• Pass history has been for an alternate to be moved into a seated position
• Our job is to make the recommendations, the Council make the final decisions
• Have process set as a policy for the Planning Commission use

Consensus was to have staff and the planner review and put into a policy to be used by the Planning Commission.

No action taken.

B. Comprehensive Plan – Update to Plan following Annexation
Planning Consultant Grittman provided a brief update stating the revised Comprehensive Plan will be ready by this spring for adoption. We will have policy and land use discussions at the Planning Commission.

No action taken.

C. Adult Use Regulations – Update on Revisions to Ordinance and Map
Planning Consultant Grittman provided a brief background stating that the current ordinance is out of date. We will be reviewing what we have for the combined communities and develop an amended ordinance.

No action taken.

ADJOURN
Commissioner Ende moved, Commissioner Martin seconded a motion to adjourn the meeting at 8:12 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