2013 Agendas / Minutes

MINUTES
ROGERS PLANNING COMMISSION
JUNE 27, 2013

CALL TO ORDER
The meeting of the Rogers Planning Commission was held on June 27, 2013 at 7:00 p.m. was called to order with Commissioners Martin, Meadows, Denker, Knapp, Swanson, Ende, and Burr were present.

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

Member(s) excused: Busch and Terhaar.

OPEN FORUM
A. Presentation of Preliminary Traffic Study Findings
City Engineer Weiss and Chad Ellos of WSB gave a Power Point presentation on the preliminary traffic study in the Kinghorn Industrial Park area. Some of the highlights of the presentation were:
• Proposed developments
• Future regional roadway network (Fletcher overpass)
• Future local roadway network (Rogers Drive extension)
• Key intersections in the area
• Additional future network considerations in the area
• Downtown Rogers bypass (Fletcher)
• Brockton Interchange
• CSAH 81 to 4 lanes
• CSAH 13 (Brockton Lane) to four lanes

Mr. Ellos stated that they have been doing traffic counts in the areas. They are concentrating on the 3 hour peak times which are 6-9 a.m. and 3-6 p.m.

Planning Commission thanked them for their presentation.

SET AGENDA
The agenda was set as submitted.

CONSENT AGENDA*
A. Approval of the May 23, 2013 Planning Commission Minutes
Commissioner Martin moved, Commissioner Meadows seconded a motion to approve the May 23, 2013 Planning Commission Minutes as submitted.

On the vote, all members Martin, Meadows, Denker, Swanson and Burr voted AYE, and member Knapp abstained. Motion carried.

PUBLIC HEARINGS
A. Public Hearing to Consider a Request by Northern Dewatering for a Conditional Use Permit to Allow Outdoor Storage of Equipment, Located at 14485 Northdale Blvd. and Request by NR Holdings, LLC for Approval of a Land Division Creating a 3 Acre Parcel
Planning Consultant Grittman provided the background information commenting on the following:
• The proposed 3 ac. lot split and the conditional use permit are happening concurrently with the lot to be combined to the Northern Dewatering parcel as a condition of the Conditional Use Permit
• Storage requires buffering on the west boundary line which is residential
• Applicant has provided a conceptual use plan of the property
• Discussion tonight on gravel surface vs. paved for outdoor storage
• Buffering

Chairman Denker opened the meeting for public comment.

The following comments were registered:
Mark Nordland, NR Holdings, LLC, 5216 Oaklawn Ave., Edina, MN: My partner and I are under contract with Mrs. Stegora in purchasing 36 acres. We are intending to develop that property. We have a contract with Northern Dewatering to purchase the 3 acre piece we would like to divide off. Most of the lots along Northdale on the west side have outside storage with gravel lots. We have industrial next to residential. For us to purchase this site, we would like to know that this type of use would be allowed as we move forward with developing the remainder of the property. We are in agreement with all the conditions except for having a bituminous surface for the storage lot. Most uses would need a gravel or crushed concrete surface for the outside storage lot.
Commissioner Martin stated that zoning is the zoning. Each application is looked at on its own merits. Northern Dewatering's approval or disapproval has no bearing on the other lots.
The City received the following email from a neighbor to be made a part of the public record.
From: Greg Coil]
Sent: Saturday, June 15, 2013 9:00 AM
To: Steve Stahmer
Cc: Steve Grittmann; 'Kimberly Coil'; Rick Ihli
Subject: Norther Dewatering Conditional Use Permit

Dear Sirs,

I have addressed this note to Mr. Steve Stahmer, with a copy to an assumed email address for Mr. Steve Grittman. I understand that there is to be a hearing on the subject Conditional Use Permit on June 27th in the Rogers Community Room. Unfortunately, I will be traveling at that time, so I will not be able to attend. I do wish to be heard, however, hence this email.

My home is just to the north and west of the location for which the permit is being requested. I understand from discussions with neighbors that there was an attempt to build an industrial facility in or near this location in the past few years, which was subsequently not approved. Approval of the subject permit would, I believe, open the door to approval of other, similar uses for this land. As I have residential property which is, in essence, adjacent to this location, I strongly oppose granting of this permit and any other future action which could result in industrial development of the property, due to my perception that such industrial development will degrade the value of the property, and the tax base it represents.

Instead, for the area in question, I would urge you to rezone it to residential, and allow residential development. I believe that such development would improve the tax base, and help to support the community with additional residents. I note that my property taxes have risen sharply since annexation of the Hassan Township adjunct, and would greatly appreciate the relief that such development might bring. Also, given the sharp rise in taxes, I urge you to show the residents of the annexed area value for such a rise – I believe that we have not yet seen any such value. I am mentioning the tax situation and linking it to the conditional use permit issue intentionally – if I am to be taxed to this extent, I will insist on seeing value for the taxation, which, again, I do not believe we have seen to date. I urge you to address both issues.

Sincerely,

Greg Coil
14800 Raspberry Drive
Rogers, MN 55374

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:
• Take into consideration when providing a berm of the existing trees owned by property owner to the west
• Surfacing to be dust-free – such as con-bit or crushed concrete
• The entrance and around the building to be bituminous
• Screening from the residential properties

Commissioner Martin moved, Commissioner Burr seconded the motion to recommend approval approval of the Conditional Use Permit to Northern Dewatering to allow outdoor storage of equipment, subject to the following conditions:
1. That all conditions from the Conditional Use Permit dated in July, 2008 remain in effect.
2. Berming on the northwest portion of the current site and southwest portion of the new site be bermed adequately per code to screen the Eccles property from this property.
3. That the surface be a dust-free maintained surface of an aggregate of some type recycled preferably.
4. Approved by the engineer with drainage plan and if reasonable more of a lineal pond and ditchways. To allow more use of the property without creating runoff problems.
5. The City approves the proposed lot split of the abutting parcel to the north and the combination of the resulting 3.0 acre parcel with the subject site
6. Materials stored within the proposed outdoor storage area are accessory to the principal use of the property.
7. The applicant provides details related to planting varieties, sizes locations within the proposed west buffer yard. Such details shall be subject to City approval and shall meet the requirements of the B-3 District relating to buffering uses adjacent to residential areas in Section 125-202 (e)(6).
8. The site plan shall be modified to note the fence type and height.
9. The City Engineer provides comment and recommendation in regard to curbing requirements and other issues related to stormwater management on the site.
10. The applicant demonstrates compliance with applicable off-street parking supply requirements of the City including stalls reserved for use by the disabled (per American Disability Act parking supply requirements).
11. The site plan is modified to illustrate proposed light fixture locations and heights.
12. Any new exterior lighting meets City Code requirements.
13. Emissions of noise, dust, fumes and other pollutants shall comply with applicable requirements of the Minnesota Pollution Control Agency and city code
14. Any future grading or other site alterations shall be subject to further review by the City Engineer and other City staff as required by the zoning ordinance and other related regulations.
15. All park dedication and other fees be paid to the City.

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

B. Public Hearing to Consider a Zoning Ordinance Amendment to Kennels
Planning Consultant Grittman provided the background information commenting on the following:
• Language in zoning districts RE-2, RE-5 and Ag is different than City Code relating to kennels
• Track the City Code language relating to kennels, definitional change to the code
• Not to change regulatory language

There was a discussion relating to an Ordinance amendment of definitions that should be brought back to the Planning Commission for any other changes/corrections prior to sending onto the Council for approval.

Chairman Denker opened the meeting for public comment.

There were no comments registered.

The Planning Commission discussed the following:
• Re-establish the document that was discussed at the June 28, 2012 Planning Commission meeting and use that as the basis for any further changes/corrections
• Leave the public hearing open to the July 25th Planning Commission meeting

Commissioner Martin moved, Commissioner Knapp seconded the motion to continue this public hearing to the July 25th Planning Commission meeting.

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

C. Public Hearing to Consider a Zoning Ordinance Amendment to Corner Lots
Planning Consultant Grittman provided the background information commenting on the following:
• Fence construction brought this item to our attention
• Ordinance was adopted in 2004 but was left out of the codification in 2009
• This will get the corner lot setbacks back into our ordinance

Chairman Denker opened the meeting for public comment.

There were no comments registered.

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

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

Commissioner Knapp moved, Commissioner Martin seconded the motion to recommend approval of the amendment.

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

D. (cont.) Public Hearing to Consider a Request by Grady Kinghorn for the Rezoning of Approximately 70 acres from MU-R, Mixed Use Regional to L-I, Limited Industry
Planning Consultant Grittman provided the background information commenting on the following:
• Hearing was closed at the June meeting, but your discretion to allow additional comments
• Staff met with applicant and discussed a possible PUD to allow for other zoning also
• Provided 3 alternatives for a motion tonight so that the Council will be able to act on it at the July 9th meeting

The Planning Commission discussed the following:
• Grady Kinghorn commented that the best use for this property is L-I, Limited Industry.
• Property was rezoned to MU-R from ag at the request of the property owner
• Industrial seems like a better use here, don't see apartment complexes in this area
• If this is rezoned to L-I, the Henry parcel should also be rezoned to L-I instead of the MU-R that is currently was rezoned to

Commissioner Denker moved, Commissioner Meadows seconded the motion to recommend approval of the request for rezoning to L-I, Limited Industrial, supported with the following findings:
a. The L-I zoning is consistent with the existing and future land uses in the area.
b. Development under the L-I zoning provides reasonable opportunity to meet the directives of the City's Comprehensive Plan.
c. The City's utility and related infrastructure is adequate to serve development allowed by the L-I District, subject to specific improvements that are addressed as a part of any subsequent application.

The Planning Commission briefly discussed the following:
• Mixed use should be kept somewhere within the City
• If this portion is rezoned to L-I, then it should be L-I all the way to Henry Woods park
• Don't feel that this is a bad thing for Rogers

On the vote, all members voted Denker, Meadows, Burr, and Knapp voted AYE and members Martin and Swanson voted NAY. Motion carried.

OTHER BUSINESS
A. Comprehensive Plan – Update on Revisions to Plan following Annexation
Consulting Planner Grittman provided the background information, commenting on the following:
• Current draft before you which melds the two communities together into one docment
• Completed version will be at the July meeting

There was a brief discussion by the Planning Commission relating to:
• Would like the finished product, be able to review it and then call for the public hearing
• Technically no time limit on this although Met Council won't approve an amendments until this is completed
• Could always table the public hearing until the next meeting if uncomfortable with the document

Commissioner Martin moved, Commissioner Knapp seconded the motion to call for a Public Hearing to consider amendments to the Comprehensive Plan, consolidating the 2030 Comprehensive Plan documents from the City of Rogers and Hassan Township into a unified document.

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

B. Adult Use Regulations – Update on Revisions to Ordinance and Map
Consulting Planner Grittman provided the background information, commenting that this has been on our agenda for a number of months. Would like to get this complete as soon as possible. At the July meeting we will review the text and also do a mapping exercise.

Commissioner Denker moved, Commissioner Burr seconded the motion to call for a Public Hearing to consider the amendment to the Adult Use Ordinance.

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

C. Discussion on Uptown Rogers
Commissioner Martin stated that Hardee's has had an unkept/unmaintained lot for a number of years now. He would like to see the City work with the property owner/owners to help get this area cleaned up.

Consensus of the Planning Commission was to recommend that the City Council work with the property owners to help work with them to get it cleaned up.

ADJOURN
Commissioner Martin moved, Commissioner Swanson seconded a motion to adjourn the meeting at 8:35 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