The meeting was called to order by acting-chairman Tim Caruso.

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1 PLAN COMMISSION Members present: Caruso, Yoerg, Mailloux and Casanova Others present: Tom Hennes, C.R. and Cindy Hackworthy, Phil Dommer, Marc Putman, John Maas, Jennifer and Josh Miller, Steve Rozenboom, Mary Yacoub, Elaine Martins, Nancy Buttweiler, Mike Skrukrud, Chris Kilber, Chris Xaphakdy, Bill and Valerie Badlo, Sheila and John Engle, Michael and Cherrie Wickman, Andrea Voelker, Mike O Connell, Craig Woodley, Christopher Kattke, Lis Gonzalez Ibarra, Dennis Darnold and others. Approximately 70 people were in attendance. The meeting was called to order by acting-chairman Tim Caruso. Motion by Yoerg, seconded by Casanova to approve the March 13, 2008 meeting minutes. Motion carried. Zoning code amendment to permit boardinghouses in industrial districts through the conditional use permit process, create Section G. and amendment to Chapter 255 Attachment 1, Table of Permitted Uses Plan Commission. Darnold noted that at the last plan commission meeting the members directed him to prepare a recommendation for the zoning code to permit, through the conditional use permit process, boardinghouses in the industrial districts. Darnold presented his recommendations (attached) advising that the plan commission amend the recommendations if they desired. If okay, or upon amendment, the commission should forward onto the Common Council to schedule a public hearing. Motion by Casanova, seconded by Yoerg to recommend the proposed amendments to the zoning code to amend sections and 255 Attachment 1 to allow boardinghouses in the Light Industrial and General Industrial Districts. Motion carried, 4-0. Public hearing and consideration of a request by BrightKEYS/Bieneman Farm, LLC to amend the conditional use permit for the Heritage Greens planned residential development, expand commercial area from 4.4 acres to up to acres for the development of a grocery market, fuel station, car wash, financial institution, office and retail commercial uses and to amend the residential uses to include 88 senior / special needs and 140 townhome multiple family / senior housing units north of Hanley Road and west of STH 35 BrightKEYS/Bieneman Farm, LLC. Darnold noted that BrightKEYS would make a ten minute presentation addressing their proposal and after that the public will have an opportunity to comment. Darnold asked the audience, if they desired to speak, to provide their name and address. Darnold further noted that he has received 11 letters or memorandums from the following residents of the Heritage Greens and Red Cedar Canyon subdivisions: Jamie Statema, Michael O Connell, Christopher Xaphakdy, Dale and Jackie Daharsh, Jennifer and Josh Miller, Jim Pratt, John Maas, Mary Yacoub, Doug and Jill Sullivan, Tracey Randall and Steve Rozenboom. (Also note there was a letter received, via , on from Amy Kratterly after the plan commission meeting that evening.) Darnold also read the

2 Page 2, Plan Commission petition from the Heritage Greens and Red Cedar Canyon neighborhoods stating their opposition to the proposed commercial development. C. R. Hackworthy introduced BrightKEYS representatives Phil Dommer and Marc Putman. Dommer is the director of development and Putman is the architect of the Heritage Greens planned residential development. Hackworthy noted that the Heritage Greens development area was incorporated into the city in 2002 with the annexation of a 660 acre area and that a lot has changed in this area during the past ten years. An element included in the initial proposal was the Heritage Market commercial area at the south end of Heritage Greens. Marc Putman reviewed the master plan approved by the city in 2001 / Putman stated that the principles of design include pedestrian access to a park area within 2 to 3 minutes of a resident s home. Putman presented photographs of examples of commercial architecture that would be developed. Putman identified the differences of the initial commercial area (4.4 acres) and the proposed expansion to up to acres. Three new parcels are proposed including a grocery market, fuel station / car wash and a bank and office facilities. Putman noted that there has been expressed concern that the traffic from the commercial area would drive through the residential areas; however, he opined that the streets have been designed so traffic will move at lower speeds and will not encourage the traffic to go through the residential area. Putman reviewed proposed signage and the market or green spaces proposed. The relocation of the 85 unit senior housing project is relocated to move it further away from STH 35. Phil Dommer stated that BrightKEYS held three (3) open house events to allow the Heritage Greens residents an opportunity to review the proposed commercial plans. The cornerstone of the commercial development would be the grocery market and fuel station noted Dommer. Dommer submitted signatures of residents in favor of the proposed changes. The changes in the types of housing would reduce the number of single family and townhome dwellings and increase the senior housing to include senior housing with services and affordable housing. Dommer stated that WisDOT proposes that some time in the future to expand the off-ramp to two lanes and that moving the housing away from the roadway would be a positive consideration. The city comprehensive plan has designated the southern part of the Heritage Greens subdivision as commercial noted Dommer. Dommer commented that with the increased aging population elderly housing with services will be needed, thus the increase in the number of elderly dwelling units proposed. Dommer concluded by noting that the number of units in the homeowners association will stay the same. Bill Badlo, representing the Red Cedar Canyon neighborhood cited a signed petition from the residents opposing the proposed change in the Heritage Greens planned residential development and encouraged the plan commission to not allow the expansion beyond the

3 Page 3, Plan Commission original 4.4 acres designated in His concerns included adequacy of existing infrastructure, capacity at the Hanley Road / STH 35 intersection, increased crime, straining police and fire resources, need for apartments, environmental issues, declining property values, change in neighborhood character and loss of wildlife. He asked that a residential committee be allowed to oversee the proposed commercial development. Mary Yacoub, 154 Dunberry Pass commented that the area is primarily residential zoning and the city should not let the developer change the rules in the middle of the game. Yacoub noted that 262 households of the households in the Heritage Greens and Red Cedar Canyon neighborhoods were contacted and 240 signed the petition opposing the proposed amendment. Yacoub noted that the signers of the petition account for $72 million of property value and $1.8 million in property taxes. She in conclusion asked for the area to remain as residential. Sheila Engle, 104 E. Canyon Drive acknowledged that the original plan included 4.4 acres of commercial area, but she encouraged the disapproval of the proposed plan to protect the atmosphere of the residential neighborhood. Engle expressed concern that the safe and serene neighborhood would be negatively changed through increased traffic / harm to children and that the commercial buildings will back onto the lots of residences in the Red Cedar Canyon neighborhood. Jennifer Miller, 114 Dunberry Pass presented a map of the two proposed commercial areas, 2002 and proposed, denoting the differences in the plans. She commented that behind (east of) her home was shown to have no development on it in the 2002 proposal. Miller asked that the commercial area not be increased in size. Miller also expressed concern about the proposed size including height and square foot area of commercial buildings requested to be allowed. She commented that the bank, car wash and funeral home were potential businesses according to BrightKEYS plan and that a fuel station is not a neighborhood business. Miller noted concern about the potential of childhood leukemia do to proximity to a fuel station. Miller listed the following issues that need further review and documentation in writing sq. ft. of green space, noise and light pollution, hours of operation and dumpster locations. Mailloux asked for the sources of information in regard to the reference to the childhood leukemia concern. Miller indicated that was listed in her submitted information. Elaine Martins, 108 E. Canyon Drive stated that within an area of two miles there were 37 children age of ten years and younger. Nancy Buttweiler, 36 Founders Green noted that there are three gas stations in close proximity of Heritage Greens and Red Cedar Canyon and a coffee shoppe that did not make it. She asked why the businesses are proposed, if allowed will increase traffic to

4 Page 4, Plan Commission the neighborhood. She encouraged if limited commercial is allowed to restrict it to one story buildings. Buttweiler asked that the residents not have to suffer for the down turn in the residential market. She also expressed concern people would short cut through the residential area. Mike Skrukrud, 30 Founders Green stated he is opposed to the commercial development proposed. He noted that the relationship between the residents of Heritage Greens and BrightKEYS has been strained and that BrightKEYS is behind on the payment of taxes for 2007 for 37 lots. Lastly, Skrukrud reiterated that BrightKEYS has had a history of bait and switch in regard to what is proposed. Mike Johnson, 12 Founders Green commented that many residents in the neighborhood oppose the proposal by BrightKEYS and only a few signed the petition in favor of the commercial plans. Johnson opined that BrightKEYS only wanted signatures on the sign up sheet for the open houses if the people were in favor of the proposal. Johnson felt that BrightKEYS is not playing fair. Chris Kilber, 45 Heritage Greens stated he is an advocate of the free capital market and that businesses assume the associated risks of development. He expressed concern on the amount of traffic that would be passing by proposed open areas within Heritage Greens. He also expressed concern on the issue of residential foreclosures and potential reduction in property values. He stated that the city should stick to the original plan. Chris Xaphakdy, 112 Dunberry Pass voiced concern that he has recently constructed a home that abuts the Heritage Greens development. He stated it was his understanding that there was no proposed commercial development. Xaphakdy commented that there is a peaceful atmosphere existing and wishes that not to be disrupted, that he does not want to smell gasoline. He stated he moved to Hudson because it was a quiet small city and felt the addition of the commercial area was not good for the quiet residential area that he moved into. Xaphakdy stated he is opposed to the expansion of the commercial area. Valerie Badlo, 100 E. Canyon Drive expressed that she is very opposed to the proposed commercial development and that the Heritage Greens and Red Cedar Canyon residents live close to busy roadways and the resulting traffic noise. Also expressed was the concern of lowering property values. Badlo opined that the expansion of STH 35 is not a sufficient reason to create the additional commercial area as there are neighborhoods in the Twin Cities that have very expensive homes adjacent to the interstate system. Steve Rozenboom, 88 E. Canyon Dr. stated that he moved to Hudson from Blue Earth, Minnesota and chose his current location due to the quality of the neighborhood. He further stated that he is concerned about the amount of increased traffic that will occur and the residents safety when crossing streets.

5 Page 5, Plan Commission John Maas, 109 Deerwood Court commented on the nice presentation, but encouraged the plan commission not to get caught in the packaging of the proposal. Maas expressed concern about proposed height of buildings, size of parking lots and stormwater runoff. He offered that this type of development can occur in the commercial and industrial areas on the south side of Hanley Road. Maas noted that it is the developer s responsibility to carry through with the plan proposed in He expressed concern about the increased height of buildings, additional parking lots, building areas are expanded considerably and a fuel station that can accommodate truck traffic. He opined that this type of development may make people want to move away from Hudson. John Engle, 104 E. Canyon Drive encouraged the plan commission to look at the number of people that signed the petition against this development and for the development and at the number of people in attendance which are opposed. They noted that the proposal is being made so the developer can make money. Caruso commented that the audience must be respectful of each others views. Michael Wickman, 209 West Canyon Drive noted that the developer and representatives are talking consultant-eze and that the plans do not show the number of cars that will result from this proposal. The city should not bail out the developer Wickman noted. Andrea Voelker, 33 Founders Green stated that two of the open houses scheduled by BrightKEYS were held just prior to holidays which may have limited attendance of the re sidents. Voelker stated that she is still hopeful that the Heritage Greens residents will eventually get the swimming pool that they have been promised. Safety will be a concern as traffic increases. She also expressed concern about the vacancy rates of existing commercial buildings in Hudson and questioned the demand for additional commercial development at this time. Mike O Connell, 187 W. Canyon Drive stated he is opposed to the proposal and stated that the sales and housing market was good when the project was first started and that recently the housing market has been on a decline. However, he expressed that the developer will need to wait out the market and not change the neighborhood from what was originally planned. Craig Woodley, 124 Dunberry Pass stated he is opposed to the proposal and that this is a blatant increase in the commercial sector of the development and noted that this would result in more empty buildings and light pollution. He encouraged the plan commission to retain the existing plan and to support the residents of Heritage Greens and Red Cedar Canyon that oppose the project.

6 Page 6, Plan Commission Matt Kapaun, 189 Tribute noted he moved from Minnesota to Hudson because Hudson is a serene community and that if approved the city may lose property tax and sales tax base if people move from the community. He asked that the plan be denied. Christopher Kattke, 134 Dunberry Pass noted he is 100% opposed and felt the added traffic would result in traffic concerns and safety incidences and would be detrimental to residents to walk safely within the development. Jose Gonzalez -Ibarra, 28 Tribute stated that his family moved to Hudson upon a recommendation and that BrightKEYS has not fulfilled their obligation to construct a swimming pool. He stated he is opposed to the proposed amendment and it is not fair to change the plan after people have invested in their properties. Josh Miller, 114 Dunberry Pass expressed concern about the lack of detail shown in the plan and stated that residents would welcome an opportunity to work with BrightKEYS to review the types of businesses that the neighborhood would desire. Concerns that Miller thought should be addressed are; types of businesses, oversight by the developer, details of development, car wash, special needs housing, multiple family apartments and the square footage of buildings. Miller noted that a local realtor had provided information that there is currently 482,000 sq. ft. of retail available in the Hudson community. Motion by Casanova, seconded by Yoerg to adjourn the hearing. Motion carried. Darnold stated that the plan commission could act upon the request tonight but suggested postponing the decision until the city staff and developer may be able to address the issues that were raised this evening. Darnold encouraged BrightKEYS and the residents to meet to discuss the issues. A comment was received that the commercial area had been enlarged from up to acres to 17 acres. Darnold recited the public hearing notice that the commercial area is proposed up to acres and the additional seven (7) acres were identified for amended housing locations / types including senior housing. Phil Dommer, BrightKEYS stated that they respect the neighborhood comments and would like the opportunity to further discuss the issues that have been raised. Dommer commented that the area of the commercial expansion is up to acres and not 17 and that the height of the buildings has been inaccurately noted by some of the residents.

7 Page 7, Plan Commission Motion by Yoerg, seconded by Casanova to postpone consideration of the amendment of the conditional use permit as submitted by BrightKEYS / Bieneman Farm, LLC. Motion carried, 4-0 in favor. Certified survey map (CSM) to create four lots in the Heritage Greens planned residential development, north of Hanley Road and west of STH 35 BrightKEYS / Bieneman Farm, LLC. Darnold suggested postponing action on the proposed certified survey map. Motion by Yoerg, seconded by Casanova to postpone action on the four lot CSM as proposed by BrightKEYS / Bieneman Farm, LLC. Motion carried. Mailloux asked Darnold if he would be able to provide information in regard to commercial sites (number and acres) and the number and square footage of vacant buildings. Also to provide the market analysis that was provided to the city when the conversion of the vacant 40 unit building, located in Red Cedar Canyon, was reviewed. Lastly, if possible, the number of vehicle trips that may be generated according to the initial plan and proposed plan for the area proposed for amendment. Darnold commented that the number of trips may not be difficult to project, but that most traffic analysis reports also show the distribution of traffic which would be more difficult to identify. Darnold agreed to provide the requested information. Motion by Mailloux, seconded by Yoerg to adjourn. Motion carried. 8:47 p.m. Respectfully submitted, Dennis D. Darnold, Secretary

MINUTES OF THE JOINT MEETING MINNEHAHA COUNTY & SIOUX FALLS PLANNING COMMISSIONS October 24, 2016

MINUTES OF THE JOINT MEETING MINNEHAHA COUNTY & SIOUX FALLS PLANNING COMMISSIONS October 24, 2016 OF THE JOINT MEETING MINNEHAHA COUNTY & SIOUX FALLS PLANNING COMMISSIONS October 24, 2016 A joint meeting of the County and City Planning Commissions was scheduled on October 24, 2016 at 7:00 p.m. in the