PLAN COMMISSION

July 12, 2007

Members present: Breault, Yoerg, Mailloux and Bieraugel

Others present: Tony Tilleman, Roger Humphrey, Tom Schumacher, John Rask, Colleen Wallin, Gordon Conard, Michael O’Connell, Jim Seal, Linda Kult, Jim Holmberg, Aethan Hart, Randy Hanson, Denny Darnold and others.

The meeting was called to order at 7:00 p.m.

Motion by Mailloux, seconded by Yoerg to approve the meeting minutes of 6-14-07.

Motion carried.

Amendment to a conditional use permit for the Red Cedar Canyon planned residential development to permit 88 senior housing units to replace 14 townhome units, north of Hanley Rd. and east of O’Neil Rd. – Hans Hagen Homes / DMW Properties, Inc. Darnold commented that he has been working with John Rask, Hans Hagen Homes (HHH) to address the issue of maintenance of the undeveloped lots including a program to mow, spray, and reseed these areas. Darnold noted that the reseeding program would not be able to begin until late summer or early fall because of the hot weather. No agreement has been completed to date.

Gordon Conard, 36 Eagle's Nest Circle stated the residents are appreciative of efforts by Hans Hagen Homes to clean up the undeveloped areas in Red Cedar Canyon and that efforts will continue for the benefit of the residents and also the continued development efforts by HHH.

Jim Seal, 145 Deerwood Court stated that Hans Hagen Homes has not abided by the development agreements and that the city will need to closely watch the progress of the continued maintenance and hold HHH to the development contract and promises to continue with the maintenance and reseeding program.

Yoerg asked if HHH would be selling the property. John Rask answered yes, but that HHH has retained architectural review / control over the project. Bieraugel noted that he has been supportive of this proposal, but asked why it took so long to address the concerns expressed by the residents. Rask responded that HHH has heard the concerns of the residents and that they will uphold the reputation of HHH having quality developments.

Rask noted that sites are pre-graded and in areas where development has not occurred the areas have burned out. Rask noted that additional landscaping and irrigation is being reviewed. Rask explained that the initial conditional use permit for the Red Cedar Canyon planned residential development included a total of 699 units including five - 48 unit multiple family units along Hanley Rd. He noted that at the time the initial senior housing element was removed from the plan there was not a strong interest in senior

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housing. Rask opined that a senior housing project of this type would be good for the city of Hudson. The general senior concept is to create a set of optional services to senior citizens so that they may be able to transition within one facility as they age and their car needs change. Rask felt the proposal was consistent with the original proposal submitted by HHH.

Mailloux questioned the number of above ground parking stalls and the number of employees. Colleen Wallin, DMW Properties indicated that there will be about 12 employees on staff at one time. The number of off-street parking stalls is 1.5 per unit and she felt that number is high relative to actual need because many of the residents will be between the ages of 74 and 84 and will not have cars. Mailloux asked about the refuse containers. Wallin noted that the refuse containers are kept in the underground parking area and rolled out on the day of refuse pick-up. Mailloux expressed that one of his concerns of this plan is that there is only 20 above ground off-street parking stalls for visitors and there was not sufficient information in regard to the underground parking area.

Yoerg stated that he has desired a marketing analysis to be forwarded and that the proposed project will be used only for senior housing. Wallin stated DMW Properties has not completed a marketing analysis, but the waiting list of similar developments in the surrounding areas indicates that there is a need for this type of housing. She reviewed a list of those developments including facilities at Bayport, Oak Park Heights, New Richmond and Woodbury. Wallin reiterated that the need for this type of housing is significant. Yoerg asked if they would assure the city that the development would remain for senior citizens and not be changed to a market rate project. Wallin noted that in consideration of funding the project is required to remain for senior housing for 15 years.

Wallin stated that they will ask the architect to review the possibility of adding above ground parking to the site. Mailloux asked that the location of the refuse disposal be determined and shown on the plans also in regard to pick-up service. Bieraugel asked about the number of off-street parking stalls. Wallin stated a total of 132 is proposed and that is more than adequate for this type of project.

Wallin commented that the proposed location is a good site for senior housing due to the proximity to the hospital. Wallin reviewed the general architectural features of the proposed building noting that brick will be the predominant material with hardy plank siding used as an accent. The building will be roofed with asphalt shingles. She felt the building is a good product.

Wallin noted that at this time a fire access lane on the northwest or back side of the building is in question and that they would prefer not to construct the access and leave it as green space. Wallin stated that the site will be well landscaped and that the on-site

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sidewalks will be tied into the sidewalks along Canyon Boulevard. Breault asked about using the Red Cedar Canyon pathway system. Wallin stated that is desired.

A Red Cedar Canyon resident asked for Ms. Wallin to show where the proposed senior housing is located. Rask pointed to the location being west of the existing 40 unit facility.

Rask noted that to minimize the appearance of the mass of the building, the building has been designed in a ‘U’ shape and Wallin noted the berms along Canyon Boulevard will be retained.

Linda Kult noted there are five homeowners associations and that the trails, ball-fields and courts are owned and maintained by the associations. She also expressed concern about the recent price other townhome units have sold for, approximately $35,000 under the selling price paid by many of the residents and how that may affect their property values. She hoped that the sale of the land to DMW Properties for the senior housing project was not part of a ‘fire sale’ due to the slow down of the housing market.

Gordon Conard noted that the senior housing project, if allowed to become part of the overall homeowners association, would pay dues and help maintain the development and amenities.

Rask stated that it will take some careful examination by HHH and the homeowners associations and approval of the master association to determine if the senior housing project may become part of the association. Rask noted that the proposal to date is to connect to and use the public sidewalk system only and not the Red Cedar Canyon development amenities (trails, courts, ball-fields). He stated the decision for the senior housing project to be part of an association would not be a unilateral decision by Hans Hagen Homes.

Yoerg felt the commitment for the development to be part of the association should be made up front. Rask answered that depends on how the development could be precluded from using the amenities that are maintained by the associations.

Jim Seal commented that he is concerned about trading away his equity in the project. He noted that if the senior project is approved they should pay the dues required times 88. He emphasized that he does not trust the Hans Hagen Homes development group.

Michael O’Connell stated that he is a townhome owner and a board member of the townhome association. He questioned who owns the trails and ravine area and how that is determined. Darnold commented that is not determined by the city of Hudson, but rather by the by-laws and declaration of covenants of the homeowners associations. Rask

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noted the Red Cedar Canyon master homeowners association is the owner. Participation in that association is phased in as the other associations are established, and this is achieved through supplemental declarations.

Aethan Hart, 151 West Canyon Drive asked about the area of the units and cost. Wallin stated for an 800 sq. ft. unit the cost would be about $2,700 per month. He also questioned how the project will be marketed. Wallin noted that the project markets the product in part through working with various social agencies.

The issues of traffic on Hanley Rd. and the concern of liability of sharing the pathway system, due to steepness of part of the pathway system were mentioned as concerns of the proposed development that should be addressed. Yoerg raised the speed of traffic on Hanley Road as being a potential safety issue.

Jim Holmberg, 28 Eagle's Nest Circle noted this proposal is a change in the vision of the Red Cedar Canyon development; and he is concerned about the changes that are taking place. He questioned if the senior housing was proposed originally and taken out, why is it a good idea now.

Rask noted that the original plan had a senior housing element included and that plans change due to the market demand.

Bieraugel stated he is in favor of the amendment with the following considerations:

Subject to review of:

off-street parking

refuse management

access to the garage

unloading zone

engineer report (address comments raised by the city engineer)

fire lane (to be determined by the fire department)

Motion by Bieraugel, seconded by Yoerg to recommend approval of the amendment of the conditional use permit contingent upon the issues denoted above being satisfactorily addressed in submittal of the development plans. Motion rescinded after Darnold suggested that the plan commission may be better served to see how the developer may be able to address these issues.

Breault asked Wallin if the delay is an issue as the next plan commission meeting is scheduled for July 26^th. She stated that was okay and they would address the issues that the plan commission has raised.

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Motion by Yoerg, seconded by Bieraugel to postpone consideration until the next plan commission meeting to give an opportunity for DMW to address the issues raised by the plan commission. Motion carried.

Final development plans, 42,350 sq. ft., 1,922 seats, 12 screen theatre complex, north of Stageline Rd. and east of STH 35 – Cinema Entertainment Corporation.

Tony Tilleman, CEC and Roger Humphrey, project engineer reviewed the final development plans for the proposed theatre. Darnold noted that the fire lane, accessed from Stageline Rd., is required. Yoerg suggested that the fire lane may be difficult to turn into the site if needed. Darnold suggested that the engineer's review of softening the fire lane turn radius would address that issue.

Yoerg asked if the intent of the landscaping was to mitigate the visibility of the building. Tilleman stated no; he expressed that he desires that fewer trees be planted, but was

willing to plant as needed to enhance the overall aesthetics of the site. Darnold expressed concern on the landscape plan that only one species of trees is proposed.

The question of the height of the building and illuminated towers was discussed. Tilleman stated that the general overall height of the building is 35 feet, and the illuminated towers are 40 to 42 feet in height above ground level, except for the tall tower which is proposed to be 65 feet in height. Darnold noted that the tower would be limited to 60 feet maximum. It was questioned how the tower would be illuminated. Tilleman noted that the tower would be internally illuminated and would not project light. Bieraugel wanted to clarify the issue that the tower would not be flashing or rotating. Tilleman stated that was correct. Breault asked if the developer would be willing to accept a height limitation of 55 feet from ground level of the highest illuminated tower. Tilleman responded that was acceptable.

Yoerg noted that the town has decided that the intersection at Old Hwy 35 and Stageline Rd. will be a four-way intersection with the town retaining the maintenance jurisdiction, but whether the design will include the turn lanes. Darnold responded that the intersection will include the turn lanes and that issue is now resolved.

Motion by Yoerg, seconded by Mailloux to recommend approval of the final development plans for the theatre proposed by Cinema Entertainment Corporation with the following conditions:

- plans to be amended per the city engineer’s and fire inspector’s comments / recommendations

- height of the illuminated tower to be 55 feet

- radius of the proposed fire lane to be reviewed

- landscape plan to be reviewed to provide a greater variety of over-story trees and,

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- that an emergency access be provided and maintained during the construction suitable to carry emergency medical and fire suppression apparatus.

Motion carried.

Motion by Yoerg, seconded by Mailloux to adjourn. Motion carried. 8:17 p.m.

Respectfully submitted,

Dennis Darnold, Secretary