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May 14, 2014 <br />Location: Fbrama>H::Drive>15153>RndingsF port <br />RNDINGS REPORT: SPOT ZONNING <br />ISSUE DEMI P11ON <br />A number of OMC.udy Group members indicated by the Oty allowing a data center user to utilize the <br />Sabject Property, the City would be in legal violation of apot Zoning. <br />NOTE this topic was discussed heavily by members of the public before the OMC3udy Coup process. <br />A NALYIICS (click here for supplemental information, page 3) <br />Oty staff had a chance to review a potential data center development, located on the Sabject Roperty, <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 isaviolation of spot inning: <br />1. Large size of the Sibject R-operty, 20.5 acres. <br />(spot zoning is concerned with small parcels) <br />2. Oty is developing the S.abject R-opertyfora 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 />4. Qty would enforce strict land 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. Qty would pass a Cbmprehensive Ran Amendment before moving forward with a Zoning <br />Amendment. <br />SJTZONING DH1NED: Rezoning of a small lot or parcel of land to benefit an owner for a use <br />incompatible with surrounding land usesthat 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. aaff hast he <br />following comments related to the definition of spot inning. <br />(1) NO <br />Sate imposed noise pollution regulations exist for all Minnesota cities. Specific standards exist for <br />residential areas. The Sibject R-opertywouldbe regulated by the Sate (MPGA) identically to any other <br />use located adjacent to a residential area (including single family residential). Lastly, the Oty 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) CLARE <br />In summary, all exterior lighting for a data center will require review and approval by the Qty (staff, <br />Planning Commission and Qty 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 />OMC3udy Coup, Findings Report (DRAFT) Page 32 of 42 <br />