2009 Minutes

MINUTES
ROGERS PLANNING COMMISSION
DECEMBER 15, 2009


CALL TO ORDER
The meeting of the Rogers Planning Commission was held on December 15, 2009 at 7:00 p.m. was called to order with Commissioners Kornovich, Ihli, Noto, Knapp, Breun, Stanley, Terhaar, and Denker  present.  

Member(s) excused:  Olsen.

Also present were City Administrator Stahmer, Deputy Clerk Splett, Councilmember Rauenhorst, City Engineer Bret Weiss, and Planning Consultant Jeff Miller.

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 November 17, 2009 Planning Commission Minutes
Commissioner Noto moved, Commissioner Ihli seconded a motion to approve the Consent Agenda.

On the vote, all members voted AYE, with member Noto abstaining.  Motion carried.

NEW BUSINESS
A.  Public Hearing to Consider a Request by Roger And Beverly Sabot for the   
     Granting of an Interim Use Permit for the Billboard Use and to Identify a Date or
     Event That Will Terminate the Interim Use Located at 21308 John Milless Drive

City Administrator Stahmer provided the background information on this request, commenting on the following:
     • Current Interim Use Agreement expires on Dec. 31, 2009
     • State Statute requires that a public hearing be held for interim use agreements
     • Non-conforming use within the B-1 district
     • Consensus of the City Council is to have downcast lighting.  The applicant checked with
       CBS, the billboard leasing company and was told that that do not typically install down
        lights on their billboards

Chairman Noto opened the meeting for public comment. 

The following comments were registered:
Roger Sabot, applicant: I would like to keep the billboard longer.  It has been there since 1988.  It generates revenue for both myself and the city.  Due to the economic times we are in, this helps us get by and enables me to keep all my employees.  As far as having a sunset date, I would like to keep it as long as I own the property.
Commissioner Noto suggested a recommendation to have the agreement sunset in 2014 or have extensions incorporated into the agreement.
Commissioner Denker suggested another 5 years before it is terminated.

Commissioner Noto 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:
    • Planning Consultant Jeff Miller commented on downcast lighting vs. up-lighting on billboards
    • Height of billboard would have to be increased to accommodate the downcast lighting
    • Downcast lighting would have an effect on the I-94 traffic
    • This billboard has not generated any complaints in the past 20+ years
    • Councilmember Rauenhorst stated that this is an opportunity to remove something that is
       non-conforming in this district
    • Should the billboard be allowed to remain, the lighting should be downcast

Commissioner Noto  moved, Commissioner Terhaar seconded a motion to recommend approval of the proposed interim use permit, subject to the following conditions:
    1) Execution of an Interim Use Agreement.
    2) Interim Use Permit to expire on December 31, 2014 (or other specified date), unless
        extended by the City prior that date.
    3) Lighting to remain the same as it is currently. 

On the vote, members Denker, Kornovich, Noto, and Terhaar voted AYE and members Stanley, Breun and Ihli voted NAY.  Motion carried.

B.  Public Hearing for Preliminary Plat Approval of Rogers Plaza Second Addition
City Administrator Stahmer introduced Planning Consultant Jeff Miller and City Engineer Bret Weiss who provided the background information and reviewed all the attachments with the Planning Commission.  The goals of this project are to create two new outlots (Outlots A and B) to be dedicated to the City for development of stormwater ponds needed to handle the increased impervious surfaces that will result from the widening of the CSAH 81 roadway; and to create a new outlot (Outlot C) that meets the minimum requirements for a conforming lot in the B-1 zoning district and could be platted as a developable lot in the future.

Chairman Noto opened the meeting for public comment. 

There were no comments registered.

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

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

The Planning Commission discussed the following:
    • Property owner would like to have a sign similar to the CVS sign
    • Some issues with the signage
    • Maximum height for the sign in the district now is 12 feet
    • Signage issues and easement to be worked out prior to final plat approval

Commissioner Kornovich moved, Commissioner Denker seconded a motion to recommend of the General Development Plan, Preliminary Plat, and Final Plat for Rogers Plaza Second Addition, subject to the following conditions:
    1. At the time that the two (2) proposed CSAH 81 stormwater ponds are designed as part of
        the CSAH 81 reconstruction project, the detailed landscape plan shall include landscaping
        for Outlot A and Outlot B. The landscape plan shall be based on the Highway 81
        Stormwater Ponding Concept Plan.
    2. At such future time that Outlot C is platted for development, the landscape plan required
        as part of site plan review and approval shall include landscaping and pedestrian paths for
        the area of Lot 2 between the existing building and CSAH 81 consistent with the Highway
        81 Stormwater Ponding Concept Plan.
    3. Outlot A and Outlot B shall be dedicated as part of final plat approval to the City of
        Rogers for the purpose of stormwater runoff ponding.
    4. The proposed public stormwater ponds on Outlot A and Outlot B shall be designed to
        accommodate stormwater runoff needs from the Rogers Plaza development, including the
        future development of Outlot C.
    5. The proposed quantity, location and design of off-street parking spaces for future
        development of Outlot C, as shown on the Highway 81 Stormwater Ponding Concept
        Plan, shall be subject to the City’s parking ordinances as part of the future site plan review
        process.
    6. Outlot C is permitted to have eight (8) temporary parking spaces located on it near the
        existing clinic to provide more accessible parking for that facility until such time that the
        outlot is replatted and developed.
    7. At such future time that Outlot C is platted and designed as a developable lot, the existing
        parking spaces located on this outlot that would be removed shall be replaced on Lot 2
        consistent with the Highway 81 Stormwater Ponding Concept.
    8. General sign standard adjustment requests and sign easement needs shall be defined by the
        property owner as part of the final plat application for consideration by the City Council.
        Although any specific sign standard adjustments would be reviewed and approved in
        conjunction with the site plan review process, the City Council shall approve appropriate
        sign standard adjustments for a future freestanding sign that meet the criteria of City Code
        Section 113-12 (Sign Standard Adjustments) and would allow a sign that is consistent with
        existing freestanding signs on adjacent properties.

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

ITEMS RELATING TO THE PLANNING COMMISSION MEMBERSHIP:
A.  Commission Membership and Offices for 2009

City Administrator Stahmer provided the background information, stating that we had received two applications, those being from the two incumbents.

Commissioner Breun moved, Commissioner Stanley seconded a motion to recommend Brian Denker and Michael Noto be reappointed to serve a 3 year term on the Planning Commission.

On the vote, all members voted AYE, with members Noto and Denker abstaining.  Motion carried.

Commissioner Kornovich moved, Commissioner Breun seconded a motion to appoint Mike Noto as Planning Commission Chair and Carl Knapp as Planning Commission Vice-Chair.

On the vote, all members voted AYE, with member Noto abstaining.  Motion carried.

ADJOURN
Commissioner Breun  moved, Commissioner Kornovich seconded a motion to adjourn the meeting at 8:00 p.m.

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