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May 14, 2014 <br />FINDINGS REPORT: SPOT ZONING <br />ISSUE DESCRIPTION <br />A number of OMCStudy Group members indicated by the City allowing a data center user to utilize the <br />Subject Property, the City would be in legal violation of Spot Zoning. <br />NOTE: this topic was discussed heavily by members of the public before the OMCStudy Group process. <br />ANALYTICS (click here for supplemental information, page 3) <br />City staff had a chance to review a potential data center development, located on the Subject Property, <br />with the League of Minnesota Cities (LMC), the City's Planning & Zoning Division, the City Attorney and a <br />number of metro cities experienced with data centers developments located adjacent to residential <br />areas. Considering the following factors, City staff does not believe the proposed data center <br />development is a violation of spot zoning: <br />1. Large size of the Subject Property, 20.5 acres. <br />(spot zoning is concerned with small parcels) <br />2. City is developing the Subject Property for a rational use and a public purpose <br />(fire station funding, economic development, removal of tax exempt property, <br />removal of substandard buildings, low impact user proposed) <br />3. Previous /guided use was either a middle school or municipal center complex <br />(both conceivably higher impact users than a data center) <br />Location: Pbrama >H:Drive >15153 >FindingsReport <br />4. City would enforce strict and use regulations to ensure a data center use would transition /be <br />compatible with surrounding properties. <br />(compatible site layout, compatible building design, mitigation of traffic <br />and noise concerns, use of CUP, etc.) <br />5. City would pass a Comprehensive Plan Amendment before moving forward with a Zoning <br />Amendment. <br />SPOT ZONING DEFINED: Rezoning of a small lot or parcel of land to benefit an owner for a use <br />incompatible with surrounding land uses that does not further the Comprehensive Plan. Allowing for a <br />use in a residential area that has excessive noise, glare and traffic would be a concern. Staff has the <br />following comments related to the definition of spot zoning. <br />(1) NOISE <br />State imposed noise pollution regulations exist for all Minnesota cities. Specific standards exist for <br />residential areas. The Subject Property would be regulated by the State (MPCA) identically to any other <br />use located adjacent to a residential area (including single family residential). Lastly, the City is <br />considering requirement of various additional noise mitigation measures to avoid any potential noise <br />issues from a data center (hours of operation for generators, proper screening, CUP, etc.). <br />(2) GLARE <br />In summary, all exterior lighting for a data center will require review and approval by the City (staff, <br />Planning Commission and City Council approval). The review and approval process is based on a required <br />'photo metrics' plan (lighting plan included in a formal site plan review process). Because surrounding <br />OMC Study Group, Findings Report (DRAFT) Page 32 of 42 <br />