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HomeMy WebLinkAbout05/02/2007CITY OF APPLE VALLEY PLANNING COMMISSION MINUTES May 2, 2007 CALL TO ORDER The City of Apple Valley Planning Commission meeting was called to Order by Chair Jeannine Churchill at 7:00 p.m. - Members Present: Jeannine Churchill, Frank Blundetto, Tom Melander, Dave Schindler and Keith Diekmarm Members Absent: Tim Burke and Thomas Helgeson Staff Present: Community Development Director Bruce Nordquist, City Planner Tom Lovelace, City Attorney Sharon Hills, Associate City Planner Kathy Bodmer, Associate City Planner Margaret Dykes, Assistant City Engineer Dave Bennett, Planning Intern Niok Meyers, and Acting Community Development Specialist Ann Cunningham 2. APPROVAL OF AGENDA Chair Churchill asked if there were any changes to the Agenda. There being none, she called for approval of the Agenda. MOTION: Commissioner Blundetto moved, seconded by Diekmann, to approve the Agenda. The motion carried 5-0. 3. APPROVAL OF MINUTES OF March 21, 2007 Chair Churchill asked if there were any changes to the minutes. There were no changes from City Staff. Churchill asked for a correction to Page 2, to note that the public hearing was continued rather than opened. Churchill pointed out a second needed correction, on Page 5, also in regards to the public hearing. The minutes stated that Chair Churchill closed the public hearing with the standard comments and called for a motion, yet no motion was called for. Those technical corrections need to be made. Chair Churchill called for approval of the amended minutes. MOTION: Commissioner Diekmann moved, seconded by Blundetto, to recommend approval of the amend minutes of the April 18, 2007, meeting. Commissioner Schindler abstained. The motion tamed 4-0. S:\nlannine\PLANCOMM\2007 aeenda & minutes\050207m.doc 4. CONSENT ITEMS --NONE-- 5. PUBLIC HEARINGS A. PD-341 Amendment -Consider an Amendment to Zone 4A of the Planned Development Ordinance to Allow for Directional Signage on Buildings of Large Multi-Functional Retailers. Chair Jeannine Churchill opened the public hearing with the standard comments. Planning Intern Nick Meyers introduced the proposed Amendment which would allow the Wal-Mart SuperCenter store the ability to have direction Signage for the three store components (grocery, garden, and general merchandise) and assist in directing customers where. to park and enter the store. Commissioner Diekmann asked for clarification as the drawings include other signage on the building. Meyers responded that no, the other Signage is not included. The Petitioner was represented by their Land Use Counsel, Brian McCool, of 200 S. 6`h Street in Minneapolis. He said he had little to add, that he supports the staffs recommendation. McCool is requesting, however, clarification in the wording of the ordinance, to make it clear that this Signage is additional, and is not included in other square footage of Signage allowed. Chair Churchill recommended that they specify in the motion that "each" sign shall not exceed 55 sq. ft. Chair Churchill asked if anyone from the public would like to address the Commission, and if so, they may do so at this time. No comments were received from the public Chair Churchill stated that normally the Commission doesn't act on an item the same night as a public hearing. On this particular matter, there has been no public input and since this is a clean-up item from the March 7, 2007 Planning Commission meeting, she will entertain a motion. MOTION: Commissioner Melander moved, seconded by Schindler, the approval of the revised language that allows no more than three signs over each entrance and each sign will not exceed 55 sq. ft. Chair Churchill asked that there be clarification that it is in addition to the primary sign. Commissioner Melander moved, seconded by Schindler, the approval of the amended motion. 6. LAND USE/ACTION ITEMS --NONE- 7. OTHER BUSINESS A. Residential Parking Ordinance Amendments -Consider Amendments to the City Code Regarding the Parking and Storage of Motor Vehicles and Trailers on Residential Lots. Associate City Planner Kathy Bodmer stated that city staff is here to give the Commission an update and continue the discussion. There are four items that are unresolved: 1. The provision to increase the number of vehicles that can be parked outside on a driveway from 4 to 6. 2. Overnight on-street parking of RVs and trailers. 3. The 13' setback requirement for Class II RVs and Trailers. 4. Screening of vehicles. The provision to increase the number of vehicles that can be parked outside on a driveway from 4 to 6. Commissioner Blundetto stated that he thought the Commission was cleaz that they aze comfortable with 4. Commissioner Diekmann agreed that he is also comfortable with the current limitation of 4. 2. Overnight on-street parking of RVs and trailers. Bodmer stated that the she and Associate City Planner Mazgazet Dykes are hesitant to move in this direction. They have concerns about additional costs associated with enforcing a new kind of permit enforcement. Overnight pazking has been under serious consideration since the 1970s. Allowing for permitting of on-street parking is a change in policy. Commissioner Blundetto liked what he heazd from people with RVs and they need time to load and unload. He knows that it will add cost yet the times aze changing. Commissioner Melander agrees too, that people who were talking about the need for a level surface for refrigeration. Commissioner Diekmann asked that if the city staff is worried about the cost of permitting, is there another options for a way to word a short term permit. Bodmer stated that one way to handle this would be through an exemption. The one difficulty with that would be for the patrol officers to determine how long the vehicle had been there. Although, if we are talking about a 48 hour permit, they could chalk the tires. Commissioner Schindler stated that the problem that he's had with this is that we are trying to create two sets of rules based on whether we define something as an RV or a trailer. Schindler said that it makes more sense to have ordinances that are uniform. Dykes said that that was one of the city staffs concerns as well. Blundetto asked if there is a provision in the ordinance now, do people have to ask permission to park in the street. Bodmer replied that if the driveway is full, no. Diekmann said that he is struggling with this issue. It's not convenient for the residents because of refrigeration to park in the driveway and it's not convenient for the police to have to monitor the parking in the street. Diekmann said that he is in favor of this, but wonders what would happen if the ordinance is passed, can we actually enforce it. Bodmer said that the Urban Affairs Committee moved forward that RVs cannot be parked in the street overnight, and we could remove that. Blundetto asked city staff if they can quantify this problem. Dykes replied that there are about 12,000 single family homes in Apple Valley and Capt. Marben had indicated that they wrote 2,200 tickets last year for overnight parking. Dykes said that we can fallback on code so that the city has the ability to remove an RV if it's blocking a view or if it's been there a long time. Chair Churchill stated that we can't guarantee every RV owner that they are going to have a level surface for their RV. We can't solve every problem with an ordinance or by issuing permits, or by making special allowances. Churchill is leaning towards making this simpler rather than more complicated. Otherwise the city is over-regulating, adding costs, and probably not improving the situation because we won't be able to enforce it. Bodmer asked Churchill if she was leaning away from permit idea for now. Churchill replied that she was leaning towards a one time seasonal permit: Blundetto suggested that RVs are handled like other vehicles, as he feels that a small percentage of the overnight parking tickets are caused by RVs. Churchill would like city staff to investigate whether or not if an RV is legally parked and blocks a sight line, does the city have responsibility if a child is hurt. Commissioner Schindler said that we aren't really changing anything because anyone with an RV can park in the street between 3 and Gam. The only thing that is changing is from 3 to 6 am if your driveway is full you can leave it in the street. Churchill said we need to be cautious about any new changes to the ordinance. Dykes said that to summarize, Schindler is saying to leave the ordinance as is. She said that she and Bodmer would take the comments and pull those items out of what the urban affairs committee had recommended. 3. The 13' setback requirements for Class II RVs and Trailers. Dykes said that staff has identified four ways to approach the UAC recommendation: • Recommend the removal of the recommendation. • Recommend that all vehicles be subject to the 13' setback. • Create an exception for those residents who can't meet the setback, but only for those vehicles that would not block the visibility for vehicles traveling in the roadway and/or backing out of abutting driveways. • Reduce the time a Class II RV or trailer could encroach into that 13' setback from 48 to 24 hours. Schindler said that he is going to say the same thing on this issue as the last one; he doesn't want to have two sets of rules. He'd like the staff to decide if setback is safer or helpful, and if it is, change the ordinance for all vehicles. A smaller setback would be good. Schindler doesn't think 13' is necessary and any setback should be universal. Blundetto inquired as to where the 13 ft come from. Dykes responded that the typical sidewalk is the typical boulevard width. Blundetto also asked whether if you live in a cul-de-sac without a sidewalk can you park to the curb? Dykes replied that that is correct. Melander agreed with Schindler and thinks that 13' is excessive and arbitrary. He then said that if it's not a safety issue, we've got an enforcement nightmare. Blundetto stated that going from 4 cars to 6 was a simple way to address a lot of these issues. Churchill said that she understands that the police do not ticket cars for blocking the sidewalk. Dykes responded that it is considered a code enforcement issue. The police respond to concerns that are in the roadway. Churchill stated that we need to determine what we are trying to achieve with a 13' setback, and if it is a matter of public safety, perhaps the code should be structured so that if there isn't a sidewalk, the setback is a matter of public safety and sight line. Dykes said that the city staff could craft some language to reflect that no vehicles of any kind should block a sidewalk or impede a sight lines for vehicles traveling in a road bed or backing out from an abutting or adjacent driveway, or shall in any way create any kind of sight line or visibility issues. 4. Screening of vehicles. Dykes stated that the storage of items (any kind of vehicle or item) would need to be screened to ensure that it isn't readily visible. Bodmer said that the motivation for this change was that the current code excludes vehicles and trailers. In other words, no matter where it is on your lot you don't have to screen it. Churchill brought up the possibility of setbacks for the storage of items and vehicles. Blundetto said that decks can be elevated over the abutting properties. Melander stated that maybe this change should be left alone. The rule would be cumbersome. Churchill said that she thinks we need a setback. Bodmer noted that the proposed code change includes a 10' setback. Dykes asked the commission of there was a distance the Planning Commission was comfortable with. Diekmann doesn't think there is any difference between a 5 or 10 ft setback and setting it on the property line. Bodmer said that staff will put together a draft document and asked the Commission whether they would prefer to vote on the whole thing or to vote on it section by section. Blundetto said that he feels all the proposed changes are inter-related and would like to see the whole thing all at once. Melander stated that he would like to see it section by section. Churchill said that it's all inter- relatedbut that if it could be broken down into related issues, she wouldn't mind seeing it that way. She noted that the commissioners are not of a mind on the issues. Community Development Director Bruce Nordquist wanted to return to the 4 vs. 6 vehicles, although direction from PC is very clear. The current ordinance is silent on any conditions. A permit that included some conditions and perhaps be less arbitrary in terms of the approval or denial of a permit would be helpful. Legal counsel agrees. S B. Update on CommerciaUindustrial Land Use. City Planner Tom Lovelace stated that the city staff has completed the notification of public hearing for two of the properties within the industrial land use study, the Northwest corner of Parcel "A" and the North'/~ of Parcel "C". Lovelace asked if there are any other options the Commission would like investigated. Chair Churchill replied that there were none. Lovelace stated that we will come back on May 16, 2007 with the information for the public hearing. Community Development Director added that on May 10, 2007, he and Lovelace will attend the May 10, 2007 City Council meeting and that they aze hoping to get some feedback so that they can propose an action item. C. Initial Discussion about the 2030 Comprehensive Plan Update. Community Development Director Bruce Nordquist prepared an outline to start the initial Comprehensive Plan discussion for 2030. Every ten years, the city is required to review the City Comprehensive Plan and update it. Commissioner Melander requested a list of the consultant names that Nordquist mentioned. He would also like a page or two from the candidates to become familiar with their background. Commissioner Blundetto is interested in determining how the firms are doing that worked on the Comprehensive Plan last time. He also believes we should upgrade our technology comparable to City of Bloomington. Commissioner Diekmann stated that community communication and input is critical, we saw a good case for that with Cobblestone. Chair Churchill would like city staff to lay out a rough agenda and set of expectations: She would also like to know what city staff will need from the Commissioners and where they would like them to be involved. D. Planning Commission Information Handbook Chair Churchill asked for a couple of Commissioners to volunteer to go through the draft of a new Planning Commission Information Handbook. Commissioners Diekmann and Melander volunteered. Churchill formed asub-committee of herself,. Diekmann, and Melander. She also noted that the sub-committee will be working very closely with city staff, legal counsel, and the City Council. 9. ADJOURNMENT MOTION: Commissioner Melander moved, seconded by Blundetto, to adjourn the meeting at 8:40 p.m.