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1994-02-22 Planning Comm Minutes1 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA PLANNING COMMISSION MINUTES FEBRUARY 22, 1994 The regular meeting of the Mendota Heights Planning Commission was held on Tuesday, February 22, 1994, in the City Hall Council Chambers, 1101 Victoria Curve. The meeting was called to order at 7:30 o'clock P.M. The following Commission members were present: Koll, Dreelan, Duggan, Hunter, Tilsen, Friel and Dwyer. Also present were Public Works Director Jim Danielson, Planning Consultant John Uban, and Administrative Assistant Kevin Batchelder. APPROVAL OF MINUTES Commissioner Duggan moved to approve the January 25, 1994 minutes. Commissioner Koll seconded the motion. AYES: 5 NAYS: 0 ABSTAIN: 2, Friel and Dwyer ELECTION OF OFFICERS Chair Dwyer opened the floor for nominations election of officers. Commissioner Commissioner Chair. Commissioner AYES: 7 NAYS: 0 for the annual Friel moved to recommend the re-election of Dwyer as Chair and Commissioner Duggan as Vice- Koll seconded the motion. HEARING: CASE NO 94-03 TUMINELLY SUBDIVISION Chair Dwyer introduced the application for subdivision by Carmen Tuminelly and described the location of the property as the northeast quadrant of Highway 110 and I-35E. Dwyer stated this property begins at the end of the highway frontage road that serves the Crown Point neighborhood. 2 Mr. Tuminelly stated that he was a 38 year resident of Mendota Heights and that over the last 25 years he had produced many quality developments in Mendota Heights including Ivy Falls East and Somerset Park. Mr. Tuminelly stated he had acquired the subject property for the purpose of developing it as single family housing. He stated he is proposing a five lot subdivision on 3.5 acres of land. He stated he is willing to work with the City to upgrade the frontage road along his property. Mr. Tuminelly stated he intends to live on Lot 1 of the proposed subdivision. He stated the road was placed in order to avoid trees so that they may be saved. Mr. Tuminelly stated he plans to add additional landscaping around the perimeters of the property. Mr. Bill Brown, surveyor, stated the proposed landscaping consisted of 24 new spruce trees between 5' and 10° tall. He stated this would visually screen I-35E and would help to dampen sound. He stated a row of trees would be added along the north side of Lot 1. Mr. Tuminelly stated he intended to pay the deferred assessments on the property and that there would be no assessments against the properties. He stated that he will pay for the cul-de-sac and that all necessary sewer and water utilities exist to serve the site. Bill Brown explained the locations of the utility connections with the water main being along the frontage road, the sewer along the north property line from Crown Point, the gas utility along the frontage road and the electric available from the east property line. Chair Dwyer stated the Planner's Report raised a number of questions and listed them as: Improvement of the frontage road. The width and maintenance of the private road/drive. The screening of Lot 1. The orientation of the home on Lot 1. Landscaping and noise attenuation of the homes. Chair Dwyer described the site plan as a 3.5 acre parcel that has one existing home with four new homes proposed. Dwyer stated the existing homes drives the configuration of the design with flag lots being the result. He stated the flag lots have a tail that abuts the public cul-de-sac and then the lot widens where the building envelope is proposed. Dwyer stated a variance is required for such flag lots because they do not have the required lot width on a public street. Dwyer stated a hardship must be demonstrated for a variance. 3 Commissioner Tilsen stated his opinion is that the City is trying to go too far with the use of flag lots and that this is not good for long term planning. Tilsen stated he attempted to redesign this proposal, but that there were no real evident solutions. He inquired what other options besides flag lots had been considered by the developer. He stated a hardship needs to be established. Commissioner Tilsen stated he doesn't want the front yard of one home looking into the backyard of another home. He stated the rear yards should not face the freeways, but that the garage side of the house should. Commissioner Tilsen stated that flag lots should be a last resort. He stated that there is a clear choice that a public road could be extended to avoid the use of private drives and flag lots. Commissioner Tilsen inquired about the Westover parcel which appears to be land locked by this parcel of land. Tilsen inquired if the City had any obligations to provide access to this parcel. Commissioner Duggan also stated he is concerned with the use of flag lots. Duggan inquired how the individual homes would be accessed from the shared driveway. Mr. Brown demonstrated how the drives for Lots 2, 3 and 4 would work. Mr. Brown stated that Lot 1 would access directly off the cul -de -sac. Commissioner Duggan added that it would depend on where the individual home buyer desires to place the home. Mr. Tuminelly stated that he has been building for 35 years and has never built a garage that was not aligned properly. Commissioner Duggan stated that he is concerned the buffer for Lots 1 and 2 may not be effective from the highway. Mr. Tuminelly described the windows as glazed Hurd windows that are energy efficient and sound proofed. He stated there would be poured concrete walls in the basement. Commissioner Duggan stated that past practice is to keep cul- de -sacs under 500 feet for emergency service purposes, however, the proposed cul -de -sac might provide adequate turnaround. He inquired about the number of trees proposed to be removed. Mr. Tuminelly stated that 5 trees would be removed and that 40 trees would be added. Mr. Brown stated that Hastings Nursery would be moving ten to fifteen foot spruce trees onto the property. Mr. Brown described the existing tree cover and the shrub screen separating Crown Point. Mr. Tuminelly stated that trees would be relocated on the site, if possible. 4 Commissioner Duggan inquired about the proposal for Lot 5 taking the driveway for existing home. Mr. Brown stated the existing drive will be removed and that a new drive will be remounted. Mr. Brown described the shared driveway for Lots 2, 3 and 4. He stated these three flag necks would total to 45 feet in width and that a shared driveway would reduce the number of drives in this area. Mr. Brown stated that a 16 foot wide paved surface is proposed with 2 foot wide gravel shoulders for a total of 20 feet in width to meet fire truck requirements. Mr. Brown stated that Lot 1 width will meet all the setback requirements where the house pad is proposed. Chair Dwyer inquired of Commissioner Duggan about his objections to flag lots. Commissioner Duggan stated his concerns are aesthetics and traffic confusion on shared driveways. Duggan stated he would like to know how each individual lot would access the shared driveway. Mr. Tuminelly responded he doesn't yet know where individual owners want their homes placed. Mr. Tuminelly stated that each home must receive a driveway permit under the City's Zoning Ordinance and that all driveways will be reviewed by the City. Commissioner Hunter stated he had no problem with the use of flag lots. He stated he felt this subdivision would work with four lots and inquired what is the hardship in adding the fifth lot. Mr. Tuminelly stated that his hardship consisted of the limited access to this property, the location of the existing home and the development costs. Commissioner Hunter stated a financial hardship was not to be considered. Mr. Tuminelly stated he bought a piece of land that he desires to develop with his 100 percent best effort. He stated he can't put in trees, build the cul-de-sac, and pay the street assessments without calling it a hardship. He stated that with his proposal the existing deferred assessments will be paid and that no new assessments will be put on the parcels. Mr. Tuminelly stated he will build his own home here and that he happens to like the proximity to the freeway and does not mind the noise. Commissioner Hunter stated he had driven the frontage road, that it is in poor condition and doesn't seem adequate. Mr. Tuminelly stated he would participate in upgrade of the road if the City assesses other properties fairly. He stated he would also like to see guardrails added too. He stated he was willing to participate in the costs of road improvements but that he was not willing to bear the brunt of the costs, only pay his fair share. He stated he intends to pay the deferred assessments. 5 Commissioner Dreelan inquired about the two existing storage sheds. Tuminelly stated one would remain. Commissioner Dreelan inquired about the covenants and restrictions against further subdivision. Mr. Tuminelly stated that all lots would have prohibitions against further subdivision and that buyers would have to sign this agreement. Commissioner Dreelan stated she was concerned about freeway noise and the width of the private drive. She stated she would like Fire Marshal review of the private drive. Commissioner Friel stated he was sympathetic with respect to the difficult access and the length of the cul-de-sac, and that for this issue there may be no other choice but a variance. Commissioner Friel stated that there appeared to be no justification for private streets in this area and that a 16 foot wide driveway was too narrow. Mr. Friel stated a public right of way requirement is 60 feet in width and that this proposal is far short of that. Commissioner Friel stated that a 20 foot wide private drive is as small as they have allowed. He stated that public health, safety and welfare is a concern with private streets and that mutual easements for shared driveways have been a problem. Friel stated that with 60 foot public streets the developer would be able to avoid flag lots. Commissioner Friel stated the Planning Commission was obligated to make recommendations based on the Zoning and Subdivision Ordinance and that the current proposal is not up to those requirements and is a public health, safety and welfare concern. Mr. Brown stated that this proposal is very similar to the McMahon subdivision the City recently approved with a 1,200 foot driveway to a home with a private easement over another lot. He stated the paved portion of this drive is wider. Commissioner Friel stated that in this case there are three lots, not one. Mr. Brown stated that each proposed lot has frontage on Carmen Court, a public street with private drives serving Lots 2,3 and 4 through a 45 foot wide area created by the three necks of the flag lots. Mr. Friel stated this does not meet the required public frontage. Mr. Brown responded that is why the applicant is seeking a variance. Mr. Brown stated that the existing home sits in the middle of the property and that extending the public cul-de-sac would not serve the site well and would drive the homes closer to the freeway. Mr. Brown stated the proposal allows access to both east and west sides of the property. 6 Commissioner Friel responded that this affects the number of lots but not the ability to comply with the ordinance. Mr. Tuminelly stated that the proposal allows the homes to stay away from the freeway, that he is providing a buffer and that he will live in one of the homes closest to the freeway as he is not bothered by the noise. Commissioner Koll stated she felt the developers intentions were good, as were the plans submitted. She inquired of staff about the proposed lot sizes and how they compare to Crown Point. Public Works Director James Danielson stated that 15,000 square feet is the minimum lot size in Mendota Heights. Danielson stated that most Crown Point homes appeared to have lots of 20,000 sq. ft. and that the lots on proposed Carmen Court range in size from 22,000 sq. ft. to 38,000 sq. ft. Commissioner Koll inquired of staff if there was a minimum for public frontage when a flag lot is being proposed. Planning Consultant John Uban stated the City does not specify minimums for flag lots but has approved a wide variety over the years. Planner Uban stated that these lots are on the small side of any range as they are 15' individually and 45° combined. He stated in the case of a single flag lot you would need to meet the Fire Code requirement of 20 feet plus some shoulder. Uban stated it was dependent on the number of driveways and that important considerations are the width of the lot where the home is proposed to be placed and the circulation. Commissioner Koll stated her main concern was the street access. Mr. Brown stated the paved portion of the shared driveway was 16 feet with 2 foot wide gravel shoulders. Mr. Brown stated Lots 2, 3 and 4 will converge at Carmen Court inside a 45 foot corridor. He stated one drive will branch to Lot 4 and another serves Lots 2 and 3. He stated that private easements will give legal rights for access and that maintenance will be provided through an Association Agreement. Mr. Brown stated that the existing frontage road has no turnaround and that the proposed cul-de-sac would provide this for emergency vehicles and other public vehicles such as snow plows. He stated this enhances the situation. Mr. Brown demonstrated the individual building envelopes and the setbacks at the request of Commissioner Koll. Mr. Brown stated each building envelope met the required setbacks and that there would be options for home placements within these envelopes. Chair Dwyer opened the public hearing for comments. Mr. Richard Leitner, of 897 Highway 110, stated he shared some of the Planning Commission's concerns and inquired about the storm water drainage. Mr. Brown stated the existing topography did not require much in the way of grading to accomplish adequate drainage. He stated that the existing home is on the high point of the property and that the property drains towards the frontage road. He stated the new homes would be graded to do the same. He stated that no new storm sewer improvements are anticipated and that the new hard surface will drain towards Carmen Court. Mr. Brown stated the eastern portion of the site will remain undeveloped and that its drainage would remain the same. Mr. Leitner inquired about the hydrant placement. Mr. Brown stated that it would be at the two corners. Mr. Leitner stated that he felt Lot 2 was not accessible to a hydrant seeing as the hydrant was on the far side of the home. Mr. Leitner stated his main concern was the frontage road traffic and the condition of the road. He stated that MnDOT has not maintained it for at least 15 years and that the City does not plow it. He stated the road is unsafe, crumbly and ready to fall apart and that it would not be a good idea to add traffic to it. He felt the entrance to Highway 110 needs an upgrade before any new lots can be considered. Ms. Shawne O'Gara, of 919 Crown Point, stated that the noise from the freeway is intense and that berming and screening do not solve the problem. She stated she is also concerned about the deer population. Chair Dwyer inquired about her windows. Ms. O'Gara stated that they are double pane windows and that there are fully grown trees on the berm between her house and the freeway and it is still quite loud with noise coming from Highway 110 too. Commissioner Friel moved to close the public hearing. Commissioner Dreelan seconded the motion. AYES: 7 NAYS: 0 Commissioner Friel moved to recommend that City Council deny the subdivision and variance application on the basis that it fails to meet the lot width requirement of the Zoning Ordinance and the access to public street requirements of the Subdivision Ordinance, that no hardship has been established or demonstrated and that the proposal is not consistent with the public health, safety and welfare. Commissioner Duggan seconded the motion. AYES: 5 NAYS: 2 (Hunter and Roll) 8 Chair Dwyer called for a five minute recess at 8:40 o'clock p.m. HEARING: CASE NO. 94-04 ST. THOMAS ACADEMY CONDITIONAL USE PERMIT AND VARIANCE Chair Dwyer reconvened the meeting at 8:45 o'clock p.m. and introduced Planning Case No. 94-04, St. Thomas Academy's request for a Conditional Use Permit for Athletic Stadium and a Height Variance for Light Standards. Chair Dwyer described the location of the football field at St. Thomas Academy and stated that in addition to the agenda packet the applicants had a handout this evening that includes additional detailed plans for the Commission to review. Mr. John Greying, Headmaster at St. Thomas Academy, stated that St. Thomas Academy welcomed the opportunity to present their plans for an athletic stadium. Mr. Greying stated that the Academy has been involved in a long range planning process for two years with their parents, alums and students and that there is a need for a football, soccer and track facility that provided the impetus for the proposed athletic stadium. He stated they have been planning this particular complex since October. Mr. Greying introduced Gary Turpening, architect, Bill Maken, Board member, Keith Severson, who would discuss lights, Jerry Brown, Alumni Director, who would discuss parking, Jack Zahr, Athletic Director, who would discuss scheduling and traffic, Kevin Berg, Rob Nord and Bob Slater, Dean of Students. Mr. Greying stated it is their intention to fully share the rationale and plans for the proposal. He stated this athletic facility would help St. Thomas provide a primary academic goal and that 8096- of their students participate in some athletic program. Mr. Greying stated it was their intention to bring their home football games to their own campus and that both the State League and the St. Paul Suburban Conference dictate night games. Mr. Greying stated they currently have a year to year lease with the University of St. Thomas for their football games. He stated this does not help them with soccer and track. Mr. Greying stated that St. Thomas Academy's facilities are always open to the City and Mend-Eagan and that one quarter of their students are residents. He stated the stadium would allow them to provide a first rate educational experience. Mr. Turpening, Architect, described the site location (within St. Thomas' 55 acre campus) with the Convent of the Visitation 9 to the east, IOS office building to the west, Roger's Lake to the north and vacant land along I-35E to the south. Mr. Turpening stated there is a rise of 14 to 16 feet from Mendota Heights Road and that the stadium would be built into the hill. He stated it was not a structure, per se, that it will fit into the contour of the hill. Mr. Turpening outlined the grading of the hill. He stated the track would be built around the field. Mr. Turpening reviewed the site plan. Mr. Turpening stated the track will be rebuilt, that on the north side there would be 16 rows of seats with each row being 186 feet long to seat approximately 1,500 people. In the center would be a press box/control room. He stated the control room consisted of 3 rooms with the football association in one room, and the home and visitor teams in the other rooms. He stated it was a misnomer to call it a "press box", although the press may be invited in. He stated the existing school building was 300 feet to the north of the accessory structure. Mr. Turpening reviewed a cross section that demonstrated the elevation of the field, the bleachers and control room, the campus and building, the lake and the neighborhood to the north. Mr. Turpening stated that four light standards are proposed at 70 feet in height. He demonstrated on the cross section, that due to grades, these poles are only a few feet higher than the existing building. He stated that the lights will be blocked to the north by the building and the elevation grades and that there was no light problem to the west or south. Mr. Turpening reviewed the details of the site plan including existing parking, handicapped spaces that would be provided, the proposed walkway to the stadium, and the handicap walkway to the field. Mr. Turpening stated that the walkway to the stadium is at a slight slope and enters the stadium at the top, thus providing an excellent entrance for all visitors. Mr. Turpening described the emergency access gate that enters at field level and faces Mendota Heights Road. He stated there is also a walkway to the school for the locker rooms. Mr. Turpening stated that four light standards will be added and that to properly place them the existing bleachers on the south of the existing football field will need to be reduced. He stated they are proposing a six foot security fence around the facility. He reviewed a front view elevation from field level and stated there are sixteen rows of bleachers proposed with 4 aisles. He also reviewed elevations of the lights to the school, and a side view elevation of the stadium. Mr. Keith Severson discussed the proposed lighting. He stated these lights are similar to those recently constructed at 10 Simley High School. He stated there would be an average of 50 foot candles of light on the playing field produced by the seventy (70) foot tall light standards. He stated the standards are 4/10 steel, galvanized with tamper resistant access doors to the inside of the base. He stated there would be little light spillage outside the playing field and stated that at 270 feet from the end zone there would approximately .7 foot candles of light. He stated that at 370 feet away there would be approximately .2 foot candles of light which he described as negligible. He stated that to the north at 270 feet distance there would be .5 foot candles of light. He stated that given the distance and the grades there would be little effect on any residential property. Mr. Severson stated that shield louvers can be designed to handle any reflection of light and that it is 1,400 feet to 1,700 feet to the nearest homes. He stated that in cases where homes are adjacent to athletic fields that .5 foot candles is the standard that is strived for He listed some fields in the Twin Cities, including Simley, that have similar structures. He stated the highest rung of lights is at 70 feet. Mr. Jerry Brown, Alumni Coordinator, described the existing parking at St. Thomas. He stated that, with the Planner's calculations, there would be 2,300 seating capacity which would require 767 parking stalls. Mr. Brown stated it was unlikely that there would ever be a full house. He described the existing parking as: Location Number of Spaces Existing Lot - Striped Spaces 223 Existing Bus Turnaround 56 Cul-de-sac - Striped Spaces 13 Faculty/Staff Lot 65 Lake Buildings 28 Convent of Visitation (Agreement) 150 Subtotal 535 Mr. Brown stated that they have had a "good neighbor" relationship with IOS for the use of their parking spaces, however, they are selling their business and the new owners will not be known until April 1st. He stated they intend to discuss parking with the new owners for the four or five nights a year that there would be football games. He stated there are 200 spaces in this lot and that it has been used in the past primarily by Mend-Eagan and for baseball. Mr. Brown described possible areas for parking expansion as the old. tennis court site, the north expansion area and the 11 south expansion area. Mr. Brown stated the tennis court area could be converted to parking, if desired by the City, and that 100 spaces could be provided in this area. He stated that approximately 40 cars could be parked on the grass in what he termed the "north expansion area ". He stated the south expansion area, behind the baseball field, is very large and accessible from Mendota Heights Road and could be improved to hold 60 spaces. Mr. Brown stated that their average football attendance figure peaked three years ago at 1,092. He stated this would require 340 spaces according to the parking ratios. Mr. Brown stated they don't anticipate traffic problems, that the two schools currently have 1,200 people attending daily. He stated the gym has been full for basketball games with 1,300 people and they have not experienced traffic or parking problems with crowds of this size. He stated the Grandparents Day attracts 500 people in addition to the 800 students, staff and faculty, that the students park at Visitation on these days. He stated other similar sized crowds are attracted for Parent /Teacher conferences, the St. Thomas Auction, and Alumni events. Mr. Brown stated that St. Thomas does not promote or deny on- street parking, but that often people will park on the street and ignore open spaces in the lot. He stated for an overflow football crowd the on- street parking would accommodate parking. He stated that 950 was their largest attendance in 1993. He reiterated that St. Thomas is already experiencing the levels of traffic that would be generated by a football game. Mr. Jack Zahr, Athletic Director, stated he would address three issues, traffic, football scheduling and projected attendance. Mr. Zahr stated that there are no anticipated changes in traffic for football games and that opposing teams will be given directions to enter from Mendota Heights Road. He stated there is always a Police presence at these events and that they have had crowds of 1,300 for recent basketball events without traffic problems. He stated soccer and track do not draw large crowds and that only four or five home football games would be held each year. Mr. Zahr stated that there would be four home football games, 2 playoff games if there is a good season, 2 soccer games, 2 JV football games, and Visitation Soccer games for a total of 12 to 14 regularly scheduled events. Mr. Zahr stated that the St. Paul Suburban Conference has mandated that games begin at 7 p.m. and they should end by 9:30 p.m. Mr. Zahr stated that projected attendance anticipates an average of 969 spectators and that the proposed seating stretches from the 20 yardline to the 20 yardline. 12 Commissioner Tilsen commended St. Thomas for their presentation. Commissioner Tilsen stated that the City's ordinance requires the Commission to interpret that the stadium will be filled to its full size if used. He stated the reality is that the facility are not always full and that the size of the proposed stadium is determined on calculations that are driven by the 20 yardline to 20 yardline layout. Commissioner Tilsen stated he has a concern for safety with people crossing Mendota Heights Road. He stated that this facility, if full, is double the size of the basketball crowds and that any planning review must consider the possibility of 2,300 spectators. Commissioner Tilsen stated that parking is an issue and that any approval should be conditioned on proof of parking and possibly no-parking signs. Commissioner Tilsen stated that lighting is also a concern and that Mendota Heights is known for its rural character and ambience. Tilsen stated the lake is a sensitive area for noise and lights and that the level of noise from a football crowd and game should be acknowledged. He stated that Roger's Lake residents have a right to expect to keep the light levels as they currently exist. He stated the lighting may change the character of this area. He inquired if reflective shielding would be installed without questions if the City so desired. Commissioner Tilsen stated that overall this is a fine plan and that solutions are available for a long term plan. He asked the architect if there were similar facilities. Mr. Turpening replied that this is a unique facility because of the grades and the access from the top of the stadium as opposed to the traditional access from field level. He stated the use of the terrain is ideal. Commissioner Duggan commended St. Thomas on their presentation. Mr. Duggan stated that often those making the proposal think it is great, but that those looking at it may have problems with it. Commissioner Duggan stated that in this case the pluses clearly outweigh the minuses and that he is in favor of this project. Commissioner Duggan felt the change in landscaping was a definite benefit and that any new trees will be an enhancement. Duggan stated that the control room is 16 feet in height and accessory structures are allowed to be only 15 feet in the R-1 zone and that a variance would be needed for this as well. Planner Uban stated that with the structure being terraced into the hill there is no significant impact with the proposed height of the control room. 13 Commissioner Duggan inquired about the impact of the lights on the apartments to the west. Mr. Severson stated that the distance is 1,400 feet to the apartments and 1,700 feet to Roger's Lake neighborhood. Mr. Severson explained the spill light as: distance foot candles 270 feet distance .7 370 feet distance .2 back of end zone 40.0 Mr. Severson stated that a footcandle reading of .2 is roughly equivalent to a full moon. Commissioner Tilsen stated that there will be a noticeable glow from a distance and that this will change the character of the sky in that area. Commissioner Duggan stated he is comfortable that lighting is not a major problem in this area. Mr. Severson stated that visors or baffles can minimize light spillage and that the glow would be greatest during low cloud weather conditions. Handicapped parking, walkways, gates, control room and televising the games was discussed. Commissioner Duggan stated that the elevation of the field is 884 feet above sea level and that the seventy foot lights would be at an elevation 954. Duggan stated that the courtyard area of St. Thomas is at an elevation of 920 and that the building itself is 30 feet tall and its elevation would be at 950 and that at the most four feet of light standards would be visible. Mr. Turpening stated that given the grades of the neighborhood to the north that the building and grades would shield the lights. Mr. Turpening described the grading and construction of the proposed stadium. Commissioner Hunter stated he had no further questions and he feels the parking issue has been addressed. Chair Dwyer inquired what was the largest attendance crowd from which the average was computed. Mr. Greying stated that would be slightly over 1,000 people at a game at St. Thomas University. Chair Dwyer inquired why a stadium was considered essential for an academic experience and what percentage of students played football. Mr. Greying stated that maybe 35 %. of the students played football and that 80 96 are involved in some form of athletics. Chair Dwyer inquired if people park on Mendota Heights Road now. Mr. Greying stated that yes people do, even when the parking lot is empty. Chair Dwyer stated he knew this would continue and that this should be addressed now. He stated his 14 major concern was traffic at the Dodd Road - Mendota Heights Road intersection. He stated that even as few as 12 new events a year will not help the situation. Mr. Greving again stated St. Thomas' experience with large crowds. Chair Dwyer inquired if the 20 yardline to 20 yardline layout was necessary and if the 30 yardline to 30 yardline had been considered as an option. Mr. Greving stated that the Planner had calculated seating on an 18 inch of bench space per person formula (based on the Fire Code). Mr. Greving stated that the 20 to 20 layout allows fans from both teams to spread out and that people like to have some elbow room. Chair Dwyer inquired why this was labeled a "stadium" because the underlying land use does not permit this, according to the ordinance. Mr. Greving replied that technically there is only an auxiliary building (control room) and bleachers being added and the intent is to improve and enhance the athletic program. Commissioner Duggan stated that with a calculation based on 22 inches of bench per person that a more realistic capacity of 1,218 could be expected. Mr. Turpening replied the 18 inch standard is building code for exits, hallways and stairways, but that it is realistic to assume it is more than 18 inches. Commissioner Dreelan commended St. Thomas on their work and inquired about the functioning of the emergency access gate. Mr. Greving explained the perimeter landscaping along Mendota Heights Road and how the access road would cross to the field. Commissioner Dreelan inquired about traffic on Lake Drive. Mr. Greving stated that St. Thomas will discourage use of Lake Drive and will communicate Mendota Heights Road as the access to the stadium. He stated there would only be four or five major events per year. Commissioner Friel stated that he grew up near Central High School in St. Paul, about the same distance as he now is from St. Thomas Academy. He stated he is concerned with traffic, lighting and noise. He stated he felt the crowd noise issue has not been given adequate consideration, especially how it will travel across Rogers Lake. He stated he can see lights from Sibley High School and hear their band practices and that it does produce an effect. Commissioner Friel wondered why seating for 2,600 was being provided when their high attendance for football games is around 1,000 people. Mr. Greving stated that they will retain some of the existing seating which is on west and that they are adding 1,200 to 1,500 seating with the new stadium. He stated that visitors and fans will spread out and cover the seating. He stated a playoff game may attract 2,000 people. 15 Commissioner Friel inquired if St. Thomas intended to lease this field in addition to the 12 to 14 regularly scheduled events. Mr. Greying replied that only Mend-Eagan and Visitation use their field at this time and that the other schools in their conference have their own facilities. Commissioner Friel inquired if there were complaints about noise, lights and parking at the University where they play their games. Mr. Greying stated that the University has had an on-going battle with the neighborhood regarding parking but that he is unaware of complaints about lights or noise. Commissioner Friel stated that the Zoning Ordinance only addresses stadiums in the B-3 Business District as a conditional use. He stated that stadiums are not an accessory use that is allowed in the R-1 District. Commissioner Friel stated that this proposal has all the qualities of a stadium and inquired of staff how the Planning Commission could be considering a proposal for a stadium in an R-1 Zoning District, that stadiums are only allowed where addressed in the Ordinance. Planner Uban stated that first of all, calling this facility a stadium is an exercise in semantics and that typically a high school football field is not equivalent to a true stadium. Uban stated that a stadium is a free standing structure unassociated with a high school and operated on a for profit basis and would be appropriately located in the B-3 Zoning district. Uban stated that almost every high school has a football field with seating facilities. Uban stated that schools are a conditional use in the R-1 District and that they are assumed to come with libraries, auditoriums, gymnasiums, swimming pools, etc. Uban stated that, as a planner, he assumes a field facility comes along with a high school and that this type of structure is part of the school and therefore appropriate to be considered as a conditional use in the R-1 District. Commissioner Friel stated that it was still a public use with traffic, noise and lights and that he is hard pressed to interpret a stadium as a conditional use in the R-1. He stated this request is moving from the use of the fields in the daytime to use of the facility at night. He stated that the language of the ordinance had been ignored and that he felt it was necessary to receive an opinion from the City Attorney. Chair Dwyer stated that he felt this was unnecessary, that the Planning Commission could handle the interpretation. Chair Dwyer stated it was appropriate to proceed with the application. 16 Commissioner Koll stated she supports the request and the her concerns have been addressed in the previous discussion. Koll stated that conditions could be recommended to address lighting, parking and traffic. Koll stated she felt comfortable with parking arrangements off campus. Koll stated she felt the major issue was the traffic at the intersection of Dodd Road and Mendota Heights Road, Chair Dwyer opened the public hearing. Mr. Bob Tousignant, owner of vacant property across the road from the proposed facility, stated that he is within 300 feet of the field and he would hope the City would place as a condition the use of light shields, baffles and louvers so that his property values are not affected. Chair Dwyer stated that Mr. Tousignant's property was zoned R-1 but guided as LB- PUD. Mr. Severson stated that one light standard could be modified with baffle fixtures to alleviate light spillage in this direction. Mr. Tousignant stated that when the Mendota Bridge is opened the traffic situation at Dodd Road and Mendota Heights Road may be alleviated somewhat. He also stated he would not like spectators parking on his property. Mr. Richard Spicer stated that St. Thomas has proven to be a good neighbor to both the City and Mend-Eagan Athletic Association and that they provide fields every night for little league baseball games. He stated that this request should be given consideration and that the really big events will only occur 4 or 5 nights per year. Spicer stated that traffic and parking have never been a problem on Parent's Night which is a big draw. Commissioner Duggan moved to close the public hearing. Commissioner Hunter seconded the motion. AYES: 7 NAYS: 0 Commissioner Tilsen moved to recommend that City Council grant approval for a Conditional Use Permit and Height Variance for Light Poles and Control Room, as proposed with the following conditions: 1. That approval be conditioned on the signalization of the Dodd Road and Mendota Heights Road intersection. 2. More parking be provided with a plan for proof of parking for 700 vehicles on campus. ) 3. Maximized use of shielding for the lights so that Roger's Lake and all neighbors are shielded. ( 17 Commissioner Duggan seconded the motion with a clarification of the first condition, which he felt was beyond the control of the city and in the hands of MnDOT. Following a discussion of the signalization of this intersection, Commissioner Tilsen withdrew Condition No. 1 from the motion. Commissioner Koll requested a clarification on "maximum shielding" of the lights. Commissioner Tilsen stated that his intent was to provide a condition under which St. Thomas Academy would be required to shield lights, without question, if the City so desired. The Commission agreed that all four lights should be shielded. Commissioner Koll stated that St. Thomas Academy's calculations demonstrated that they already have 735 parking spaces. Commissioner Duggan suggested that St. Thomas work with city staff to identify parking spaces and to concoct a proof of parking plan under which St. Thomas Academy would agree to provide should parking become a problem. The Planning Commission discussed parking and shielding of lights. They determined the applicant would have to demonstrate 700 parking spaces. Commissioner Friel offered a friendly amendment to the motion that the recommendation be conditioned upon an opinion from the City Attorney to the effect that the facility proposed is not a stadium within the meaning of Section 17.2(2) of the City's Zoning Ordinance having in mind that Stadiums are specifically addressed in that section. Friel stated that if the facility proposed by the applicant is a stadium that the applicants must return, if they wish to proceed, with an application for rezoning and a conditional use permit pursuant to Section 17.2(2). Commissioner Tilsen accepted the friendly amendment. Commissioner Tilsen restated his motion to recommend that City Council grant approval for a Conditional Use Permit and Height Variance for Light Poles and Control Room, as proposed with the following conditions: 1. That the applicant demonstrate 700 parking spaces through existing parking and proof of parking plan. 2. That all four lights be shielded and diffused with appropriate baffles, louvers or shields. ) 3. That the City Attorney opine to the effect that the facility proposed is not a stadium within the meaning of Section 17.22 18 of the City's Zoning Ordinance having in mind that Stadiums are specifically addressed in that section. Friel stated that if the facility proposed by the applicant is a stadium that the applicants must return, if they wish to proceed, with an application for rezoning and a conditional use permit pursuant to Section 17.2(2). AYES: 7 NAYS: 0 Chair Dwyer called a five minute recess at 10:45 o'clock p.m. Chair Dwyer reconvened the meeting at 10:50 o'clock p.m. SENIOR HOUSING SITE SELECTION Chair Dwyer stated that the Planning Commission had been meeting for several months to discuss site selection and the proposed senior housing complex in cooperation with Dakota County HRA. Chair Dwyer stated that staff had provided input with regards to the identified sites and the criteria for location as provided by the HRA. Chair Dwyer identified the preferred sites as determined by the Planning Commission in January as: Site Number Location Priority 7 Shopping Center site High 6 TH 149 R.O.W. South of TH 110 High 5 TH 149 R.O.W. North of TH 110 High 4 Curley Site Low 1 Garron Site Low Commissioner Friel inquired if 100.% of the seniors will come from within the County. Kari Gill, Deputy Director of Dakota County HRA, responded that yes, all residents in their facilities have come from that facility's defined market area or are family members of residents in the area. Commissioner Friel inquired if Mendota Heights residents were on the waiting lists. Gill responded that she did not know but could obtain that information. Commissioner Friel inquired if the County constructed and owned the title to the facility. Gill answered yes to both questions. Commissioner Friel inquired about assurances that Dakota County HRA would continue to operate the facility as it exists. Ms. Gill responded that they maintain and operate the facility through a cooperative agreement with the City and