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HomeMy WebLinkAbout03-12-19 Planning Commission Minutes Regular Meeting March 12,2019 1. Call to Order Chair Rotty called the meeting to order at 7:00 p.m. Members Present: Rotty,Bjorge,Franceschelli,Tesky Members Absent: Windschitl Also Present: Tony Wippler,Planning Manager 2. Approval of Minutes a. MOTON by Bjorge second by Tesky to approve the minutes of February 12,2019. Voting for: Rotty,Bjorge, Tesky. Abstain:Franceschelli. MOTION CARRIED. 3. Public Hearings—Chair Rotty opened the public hearings a. Review of Registered Land Survey No.66 The location of this survey is CSAR 50 and Pilot Knob Road. The survey was submitted by JMA Devney Family LLP. Registered Land Survey No. 66 is a survey of unplatted land owned by the Devney Family, consisting of seven parcels listed as tracts A through G on the Registered Land Survey. Minnesota statutes requires that a registered survey be approved in a manner required for the approval of subdivision plats. MOTON by Franceschelli,second by Bjorge to close the public hearing. APIF, MOTION CARRIED. MOTION by Franceschelli,second by Tesky to approve the Registered Land Survey No. 66. APIF,MOTION CARRIED. b. Conditional Use Permit to Allow a Petroleum Bulk Storage Tank within the B-3 Zoning District The applicant is Express Auto,22015 Canton Court. The CUP is for the installation of a 12,000 gallon petroleum fuel storage tank on the property. It would be utilized to fuel the company's fleet. The tank would be 32.5 feet long and 8.5 feet in diameter. Approval would be on the following conditions: 1. The applicant must obtain the necessary fire permits from the city and the tank must meet the requirements of the State Fire Code. 2. Prior to installation of the tank,the applicant must submit a plan to the city that outlines what types of precautions are going to be put in place to ensure any spill does not get into the city's utility system. 3. The tank be screened in a manner acceptable to the city's planning division. Screening is required and staff would anticipate screening on three sides. The side facing their building would not be screened. The request meets all CUP requirements. Member Franceschelli noted screening is usually chain link with slates. The weight of the tanks makes him wonder if the ground will support that weight in its small footprint. There should be guarding around the tank to prevent a truck hitting the tank such as • Planning Commission Minutes March 12,2019 Page 2 bollards or guard rail. How close is this to any wetlands or farmland that could be contaminated if a spill occurs? Will there be a liner underneath? What about a containment berm? The fire code and environmental inspectors may require other things. Chair Rotty had similar questions. He would approve it,but instructed staff to make sure the fire marshal review and the entire process is thoroughly vetted. MOTION by Bjorge, second by Tesky to close the public hearing. APIF,MOTION CARRIED. MOTION by Bjorge, second by Tesky to approve the conditional use permit with the above conditions. APIF,MOTION CARRIED. 4. Discussion a) Ordinance Discussion on Number of Allowed Dogs At the January 22,2019, city council meeting,Mark and Kathy O'Rourke asked the city to reconsider the number of dogs allowed at each residence and to increase the number. The city code states no more than two dogs are allowed on residential property. This discussion also occurred in 2015 and at that time,the commission decided to stay with allowing two dogs. Staff provided examples of the number allowed in surrounding communities. Farmington is less than other communities. If the commission did want to increase the number,staff would recommend no more than three. Ms.Kathy O'Rourke stated they lost one dog in October and adopted a dog that was bonded with another dog,currently in Alabama. They have contacted that agency. She understood the ordinance,but asked if there was a way to find a path for people that are responsible as pet owners to get a special license to have more than two dogs. Member Tesky asked how the number is currently enforced. The police would deal with it on a complaint basis. Member Franceschelli asked if each animal has to have its own separate license. Staff confirmed this is correct. Member Franceschelli asked if a family wanted to have more animals,what is to prevent those individuals from having more than three or four animals and not notify the city. Staff stated that is a risk we run today whether we increase the number or not. We would only know through a complaint. Member Franceschelli asked if there was a restriction on the size of the property. Staff replied no,that was not found in the research and would make the situation more complex. Member Franceschelli saw this working similar to our chicken permit where there is a yearly inspection. His concern is if animals are neglected or abused and neighbors complain. Where do we put the line between a loving home and a kennel operation for breeding? He agreed with going up to three dogs. Member Bjorge felt some great points have been raised. She would like to look at the number,but also what else is in the existing ordinance. If the commission wants to go forward, staff will include the entire chapter in the ordinance. Staff suggested doing a draft ordinance and then later do a public hearing. Chair Rotty recalled the 2015 discussion and where is the cutoff for a kennel. Here we are dealing with single family residential. He could see it going forward with a complaint basis enforcement. Staff noted kennels are only allowed in the ag district. Chair Ratty Planning Commission Minutes March 12,2019 Page 3 felt the consensus of the commission is they agree to increase the number. Staff will bring back a draft ordinance. MOTION by Franceshcelli, second by Tesky requesting staff review the ordinance regarding the number of allowed dogs with the possibility of increasing that number slightly. The ordinance will be brought back to the next meeting. APIF,MOTION CARRIED. b. Open Meeting Law An outline of the open meeting law was provided. There will be a joint meeting with the City Council/EDA/Planning Commission to discuss the Highway 3 corridor on April 8,2019,at 7:00 p.m. There will be a joint meeting with the City Council/Parks and Recreation Commission/ Planning Commission to discuss the bike pedestrian plan on May 20,2019, at 6:00 p.m. 5. Adjourn MOTION by Bjorge second by Tesky to adjourn at 7:42 p.m. APIF,MOTION CARRIED. Respectfully submitted, ctipttlita Muller Cynthia Muller Administrative Assistant