Rogers City Council — Transcript

Tuesday, October 13, 2026

Sign Variance for North 101 Business Park

Zoning Code Text Amendment for Indoor Cannabis Cultivation

Zoning Code Text Amendment for Landscaping, Screening, and Tree Preservation

Votes (3)

North 101 Business Park Sign Variance

Unanimously Approved

Dissent: None

Moved by Commissioner 5 [0:27:00] · Seconded by Patrick (Commissioner) [0:13:00]

The applicant sought to replace a broken, non-conforming electronic sign with a larger one. The existing sign's shape (long and skinny) was problematic for displaying multiple tenant logos effectively, making the expansion a 'business need' rather than just a 'preference.' The sign's location relative to Highway 101's elevated bridge deck contributed to its non-conforming height and location, which was previously allowed by a 2014 agreement. Staff recommended approval with specific conditions on size, height, luminance, and display behavior to bring the entire sign into conformance under a zoning approval.

Zoning Code Text Amendment to Allow for Indoor Cannabis Cultivation in the Service Business Zoning District

4-0 Approved, 1 Abstain

Dissent: Commissioner 7 [1:09:59] abstained due to friendship with the applicant, Mike Pearson.

Moved by Commissioner 8 [1:06:50] · Seconded by Commissioner 3 [1:07:34]

The amendment sought to permit indoor cannabis cultivation in the SB district, which currently limits it to AG or R1 zones. Mike Pearson, the applicant, detailed the strict state-mandated security, odor control (e.g., carbon filters, negative air), and environmental controls in these 'indoor lab' facilities, arguing they have minimal impact. Staff recommended a Conditional Use permit rather than a Permitted Use to retain city oversight on ventilation and other site-specific conditions, especially where SB districts border residential areas. Commissioners questioned potential energy use and nuisance, which the applicant and staff addressed by highlighting regulatory safeguards and typical facility operations. The commission decided that allowing it as a conditional use provided the necessary control.

Zoning Code Text Amendment for Landscaping, Screening, and Tree Preservation

Unanimously Approved with Amendments

Dissent: None. The motion included amendments for a 3-year tree warranty, review of burlap removal, staff recommendation on heritage tree replacement (inch per inch), buffering between R1 and R2 districts (specifically for R2 next to existing 1+ acre R1 lots), and a hardwood-to-hardwood replacement requirement for trees.

Moved by Commissioner 5 [1:49:50] · Seconded by Commissioner 6 [1:50:50]

The proposed ordinance rewrites Section 125-90 to provide clearer, more consistent standards for tree counts, sizes, diversity, and screening for new developments, including non-residential. Key points of discussion included the ideal tree caliper size for long-term health, extending tree warranty periods (from 2 to 3 years) due to high mortality rates observed in past developments, and ensuring proper planting practices (e.g., burlap removal). Commissioners also debated incentivizing the preservation and replacement of hardwood/heritage trees, establishing buffering between R2 and existing large-lot residential properties, and exploring a city-wide 'green space program' funded potentially by developer contributions or grants to address dead trees in older commercial areas like Kohl's. Staff affirmed that new developments failing to meet landscaping requirements would face code violations.

Notable Quotes (9)

So, one of the big things that we went through kind of a full review on internally with the building owners and investors is this is not something we ever wanted to sell for ad generation revenue or anything like that. However, we do have a significant amount of tenants within that building. And so with only having the static signs, we're only able currently to offer you know, the four to six slots for the current tenants um and allowing a larger digital sign would allow us to statically move through more of the tenants and more images and get them better advertising for their space within the building.

North 101 Business Park Sign Variance

So, I just wanted to pull out one bit of information we received tonight is is the difficulty of sharing an image with the current um, in the current frame of the current EMC. Um, and then just remind you of the section 113 specifically about strict enforcement and having difficulty with the abilities uh the property owner's ability to display a message. So, if you're looking for a reason, you know, this is

North 101 Business Park Sign Variance

Uh, Alec, I'll I'll bounce right off of that and say, you know, I I think preference any any business entity property especially is going to want signage um, and more the better, but I think that having something that is uniform with sort signage surrounding it on 101, I think that that's business friendly. I think it's proper. I don't think that it's out of line.

North 101 Business Park Sign Variance

One of the things that I wanted to explain a little bit is these facilities are really indoor labs is what they are. Um when you look at a cultivation facility, it's got white walls. It's it's washable. Um it's very highly controlled from an environmental status. Um which allows us to control odors and do different things. Um most cultivation facilities, you wouldn't even know they're there.

Zoning Code Text Amendment to Allow for Indoor Cannabis Cultivation in the Service Business Zoning District

No, there's no requirements for that. It's really more of uh it's more of a personal preference thing, so it's not it's in in in managed or well-built facilities don't have any necessarily any issues. Like if you you can walk up to a building, if this was a cannabis cultivation facility, you wouldn't know until So came inside for the most part. So it it's it's uh the the HVAC systems are designed. The OCM checks some of that stuff. Now, they don't have like specific requirements other than that you do have to maintain the odor. You cannot let it go past your facility.

Zoning Code Text Amendment to Allow for Indoor Cannabis Cultivation in the Service Business Zoning District

Mr. Chair, Commissioner, one of the reasons why I have it as draft format as a conditional use was that way we can have any applicant cuz obviously a DPG knows what they're doing. They've had that experience in this industry. Um but that way we can see the full ventilation plans for any potential applicant that may come in.

Zoning Code Text Amendment to Allow for Indoor Cannabis Cultivation in the Service Business Zoning District

And again, the reason why we backed down to two, for one, we're introducing real counts now. And for two, the realistically, your your tree canopy is going to be better with some more trees that are at less through lesser width with uh better root health.

Zoning Code Text Amendment for Landscaping, Screening, and Tree Preservation

I'm going to mention as someone who lived through lived in a neighborhood that has that two-year warranty. If you kind of go around now, um I would say about 40 to 50% of the trees are have died. Um probably around the two and a half year... What I have My understanding from doing research is that two year the second year is the hardest year after planting. So, that's where you get that little buffer if you if you move it to 2 and 1/2 or maybe three.

Zoning Code Text Amendment for Landscaping, Screening, and Tree Preservation

I say grant because that's the grab money that's outside of the city, but I think for the staff to even consider it, you know, we have leaves within the logo of what Rogers is attempting to be now, right? Um green [clears throat] spaces, promoting it, and going to a space we call coals out in the meetings. I'll say it again. Uh going to that property owner and saying we can help, but you need to come to the table and do this with us. Here's Here's a program we have, an initiative to enhance the the green space.

Zoning Code Text Amendment for Landscaping, Screening, and Tree Preservation

Ordinances & Resolutions (15)

2014 agreementAgreement

Agreement between the city and a prior owner regarding the North 101 Business Park sign, tied to right-of-way acquisition.

Chapter 113City Code

Section of city code pertaining to sign regulations.

113-6City Code Section

Specific section of sign code related to maximum signage area and pylon sign height.

113-6E sub-2City Code Section

Specific section of sign code related to maximum EMC height.

125-42Zoning Code Section

Section of zoning code outlining criteria for granting variances.

2040 Comp PlanPlan

City's comprehensive plan, identifying Highway 101 corridor as a focus area for commercial development.

Ordinance 202406Ordinance

City ordinance adopted November 26, 2024, related to zoning code and cannabis business types.

Ordinance 202407Ordinance

City ordinance adopted November 26, 2024, related to operational aspects of cannabis businesses and registration.

Ordinance 202610Ordinance Amendment

Ordinance amendment adopted April 14, 2026, clarifying cannabis licensing and buffer measurements.

State Statute 342.23-30State Statute

Sections of state statute guiding cannabis cultivation operations.

125.50 (Table 4)Zoning Code Section

Table within the zoning code to be amended for cannabis cultivation.

2026-15Draft Ordinance

Draft ordinance number for the text amendment related to landscaping, screening, and tree preservation.

125-90Zoning Code Section

Section of the zoning code undergoing a full rewrite for landscaping, screening, and tree preservation.

27B and 27CCode Tables

Tables within the code related to buffer matrix types.

Backyard Chicken OrdinanceOrdinance

Ordinance approved by City Council, effective January 1, 2027.

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