HomeMy WebLinkAbout020525 PC MINUTESCITY OF APPLE VALLEY
PLANNING COMMISSION MINUTES
February 5, 2025
1. CALL TO ORDER
The City of Apple Valley Planning Commission Meeting was called to order by Chair Kurtz
at 7:00 p.m.
Members Present: Jodi Kurtz, Paul Scanlan, Phil Mahowald, Becky Sandahl, Jeff
Prewitt, and Douglas Hlas
Member(s) Absent: Dave Schindler
City staff members attending: Community Development Director Tim Benetti, City Planner
Alex Sharpe, City Engineer Evan Acosta, City Attorney Sharon
Hills, and Department Assistant Breanna Vincent.
2. APPROVAL OF AGENDA
Chair Kurtz asked if there were any changes to the agenda.
CD Director Benetti stated that item 5. A. Rockport, LLC Mixed Business Campus
Comprehensive Plan Amendment was being pulled from tonight’s agenda per the
applicant’s request. This item will be discussed at a future meeting.
Chair Kurtz noted that an item regarding an Urban Air On-Sale Liquor Text Amendment
that was previously scheduled for a public hearing this evening had been cancelled.
MOTION: Commissioner Schindler moved, seconded by Commissioner Scanlan,
approving the agenda. Roll call vote: Ayes - 6 – Nays – 0.
3. CONSENT ITEMS
A. Approval of Minutes of January 15, 2025
MOTION: Commissioner Scanlan moved, seconded by Commissioner Hlas,
approving the minutes of January 15, 2025. call vote: Ayes - 6 – Nays – 0.
4. PUBLIC HEARING
A. MUBC – Mixed Use Business Campus Zoning District Ordinance
Chair Kurtz opened the public hearing.
CITY OF APPLE VALLEY
Dakota County, Minnesota
Planning Commission Minutes
February 5, 2025
Page 2 of 7
CD Director Benetti provided a brief presentation.
Commissioner Scanlan clarified that this action would not be specifically for the Rockport
site.
CD Director Benetti stated that is correct. The district being created with this action is still
consistent with the current guiding for the area.
Commissioner Mahowald asked if essentially the action is to create a new land use
designation which would come into effect if land became available that could be designated
as Mixed Use Business Campus. In the context of the next agenda item in the gravel pit, the
land could be opened up for the potential development of all the uses identified in the statute.
CD Director Benetti stated that the current guiding for the gravel pit area is MBC (Mixed
Business Campus) and that is the underlying land use established. Currently, the property is
SG (Sand and Gravel), and the intent is to turn that into a new Mixed Use Business Campus
if it is applied for a rezoning.
City Attorney Hills clarified that this item is not to rezone the Sand and Gravel area. It is
merely creating a new zoning designation which is consistent with the Comprehensive Plan.
The applicant’s attorney, Matt Duffy (Monroe Moxness Berg), stated that Rockport, LLC’s
property is the only large enough property that would be affected. He also stated that
Rockport, LLC, is not in favor of the MUBC ordinance as it is drafted currently and that is
the reason for its amendment to the Comprehensive Guide Plan. The blob plan included in
the Comprehensive Guide Plan was made in 2017 and since then there have been many
changes to the real estate market especially post-Covid. Rockport, LLC, is not in favor of the
draft ordinance without the amendments requested.
Two members of the public stood to speak but were advised by the Chair that their comments
and concerns pertained to the next item on the agenda and that they should wait until that
discussion.
Commissioner Scanlan asked if the Commission should hold off on taking action on this item
until the Rockport, LLC Mixed Business Campus Comprehensive Plan Amendment item is
brought back.
City Attorney Hills stated that the two applications are independent of each other.
With no further comments, Chair Kurtz closed the public hearing.
It is the policy of the Planning Commission not to act on an item the same night as its public
hearing, however, Commissioners can make a motion if they choose.
CITY OF APPLE VALLEY
Dakota County, Minnesota
Planning Commission Minutes
February 5, 2025
Page 3 of 7
MOTION: Commissioner Scanlan moved, seconded by Commissioner Hlas, to recommend
approval of the proposed Ordinance Amending Chapter 155 by Adding New
Section 155.310 entitled MIXED USE BUSINESS CAMPUS DISTRICT
(MUBC) and adding Definitions in Section 155.003. Roll call vote: Ayes – 6 –
Nays –0.
B. Apple Valley Technology Park
Chair Kurtz opened the public hearing.
City Planner Sharpe provided a presentation.
Assistant City Engineer Acosta gave a presentation regarding water usage.
Comments and concerns will be made from Commissioners and the public to be answered at
the next meeting.
Chair Kurtz commented that this area was intended to create employment opportunities and a
stronger economy and wondered why medical clinics are not coming instead. Her largest
concern was regarding water usage and filtration and how that may impact our future water
supply. Some concerns over power outages were also expressed.
Commissioner Hlas commented that Rosemount and Farmington are also in the process of
having new data centers built and wondered if the City is coordinating with them especially
if drawing from the same aquifers. Will there be issues in the future with several facilities
operating off the same water supplies? How much can be maintained?
Commissioner Scanlan asked if the west property line will have a sidewalk with trail
connections? Commissioner Scanlan also shared that the right turn from 152nd St. W. seems
too sharp and may need some revisions for truck traffic. He asked how accessibility for
emergency services will occur with the site being gated and the turning radiuses within the
site. Commissioner Scanlan asked for more information regarding the start date and
estimated completion date for the project. He asked for clarification on where the trash
enclosures, any loading docks, and if overnight truck parking would be occurring.
Commissioner Scanlan also asked for information about the hours of operation for the
facility. His main concerns were regarding water usage, power usage, and diesel usage with
the generators.
Commissioner Mahowald asked if the generators are intended for back-up purposes.
CITY OF APPLE VALLEY
Dakota County, Minnesota
Planning Commission Minutes
February 5, 2025
Page 4 of 7
City Planner Sharpe stated that these would be back-up in the event of power outages. He
deferred to the applicant for further clarification.
Commissioner Mahowald asked how many people are employed at other businesses located
nearby and what types of jobs are created and how does this proposed development compare.
He asked for a tax analysis for this property to get clarification on the benefits. Commissioner
Mahowald asked for more information regarding energy usage and the possible substation
being added by Great River Energy. Commissioner Mahowald asked if the berms currently
located along the site will have any landscaping added.
Commissioner Prewitt echoed concerns regarding water usage and waste. He also asked for
information regarding the longevity of data storage centers as well as their equipment.
The applicant, Drew Johnson (Oppidan), provided a presentation and addressed some of the
concerns regarding water, sound, and employment.
Jon Beyer (Dakota Electric) gave some background on the electrical and energy usage for the
proposed site.
Chair Kurtz asked if there were any comments or questions from the public.
Resident Len Bierlein (12450 Drayton Trl.), shared concerns regarding the water usage with
the other data centers that are being proposed in neighboring cities. Mr. Bierlein asked if this
would be a closed-circuit facility. He also expressed concerns over the long-term
implications of allowing the site. Mr. Bierlein stated that it seems that there are no state
government entities overseeing water usage and that it is necessary.
Resident Cindi Dayus (169 Strese Ln.), stated that she did not believe the project meets what
the City intended in terms of job creation. The project seems to be a big compromise should
this approval move forward. Ms. Dayus wondered how much ambient waste heat is
generated from this operation and had concerns over heat island effect. Ms. Dayus raised
concerns regarding the site being in the drinking water supply management area and the soil
is categorized as high vulnerability and extra caution should be taken. Will residents be asked
to conserve water in the event of a drought? Can the power grid sustain the multiple data
centers anticipated in the surrounding areas? Ms. Dayus stated that it is possible for data
centers to operate at lower energy consumption as seen with DeepSeek.
Resident Dave McKenzie (6403 131st St. Ct.) expressed concerns over the lower job creation
with this proposal. He stated that commercial/retail businesses should be kept along County
Road 42. Mr. McKenzie shared that the size of this proposal is comparable to five Menards
buildings. Mr. McKenzie asked for clarification on the gravel areas with generators in
between the buildings and how they are screened. With only two small entrances, how will
CITY OF APPLE VALLEY
Dakota County, Minnesota
Planning Commission Minutes
February 5, 2025
Page 5 of 7
the site be evacuated? How many trucks will be arriving each day? Mr. McKenzie asked
what the purpose of a “crash-rated fence” is. Will this be a 24/7 facility? He opined that City
staff may need to extend the application timeline as the plans appear to only be about 50%
done.
Resident Rachel Merchant (13015 Emmer Pl.) shared concerns for the fire department to
have proper training and knowledge for mitigation at this type of facility. She also wondered
if there would be issues with getting other businesses to move into the surrounding area due
to the noise generated at the site as well as the aesthetic of the buildings. Ms. Merchant stated
that rainwater runoff should be taken into consideration as well as the possibility of using the
stormwater pond for irrigation as opposed to potable water. Ms. Merchant stated that she was
dissatisfied with the site design.
Resident Brad Blackett (457 Reflection Rd.) expressed concerns over fire suppression and
what types of chemicals may be needed in the event of an electrical fire and where the
chemical run-off may go to. Mr. Blackett wondered how the water used is cooled down as
this is a closed-circuit system. Mr. Blackett asked for clarification on how the sound was
measured and how far the sound will travel over the berms, as the building is yet to be
constructed. He asked for more information on how stormwater will be treated and if the
pond will be large enough to accommodate. Mr. Blackett also asked that staff work with the
applicant and the Vermillion Watershed District and the Soil & Water Conservation Districts
to ensure adequate ponding and landscaping.
Former Apple Valley resident Mo Feshami (2528 220th St. W. Farmington) shared concerns
regarding water usage and stated that the new Meta facility in Rosemount is able to use a
lower amount of water for their cooling system and could be beneficial for the applicant to
look into. He stated that he has spoken with a representative with the DNR who has concerns
over the number of data center facilities in Dakota County. Depending on the standard
operating process of the center, there could be a lot of diesel fuel stored on site. The
cumulative noise could be significant. Mr. Feshami stated that he did not believe the power
grid could sustain all of the proposed data centers. He expressed concerns that the proposed
building height of 70 feet could cause security lighting to impact nearby neighborhoods.
Resident Eduardo Torrens-Bonano (15603 Fairfield Dr.) asked why the applicant is
interested in that specific location and that there would not be a benefit to the residents. He
stated that he is not in opposition of the project but believes there are better locations.
Farmington resident Cathy Johnson (22280 Berring Ave. Farmington) is the President of the
Coalition for Responsible Data Center Development and stated that the group has spoken
with many cities and states that have dealt with data centers and urged City staff and
residents to do their research about the problems that can occur in these communities. Ms.
Johnson said that there is very little regulation regarding data centers in Minnesota. She
CITY OF APPLE VALLEY
Dakota County, Minnesota
Planning Commission Minutes
February 5, 2025
Page 6 of 7
shared that her group has made a documentary regarding data centers and provided contact
information, if the Commission would like more information on it.
Resident Martin Mitrenga (4760 138th St. W.) asked for City staff to consider the low
frequencies and any electromagnetic frequencies that could interfere with aircraft traffic.
Resident Julie Murray (4684 138th St. W.) implored that the Commission and City staff do
more research on other communities and their experience with data centers.
Resident Will Griesbach (6411 157th St. W.) asked for clarity on the amount of water usage
expected as the numbers did not appear to line up (peak time vs. annual usage).
Chair Kurtz kept the public hearing open so that further comments from the public could be
obtained if needed.
5. LAND USE
A. Rockport, LLC Mixed Business Campus Comprehensive Plan Amendment
This item was pulled from the agenda and will be discussed at a later date.
6. OTHER BUSINESS
A. Review of Upcoming Schedule and Other Updates
The next Planning Commission meeting is scheduled for Wednesday, February 19, 2025,
7:00 p.m. The next City Council meeting is Thursday, February 13, 2025, 7:00 p.m.
CD Director Benetti shared that City Planner Alex Sharpe has accepted a new position at
the City of Wayzata as their Community Development Director and will be resigning
effective February 14, 2025.
7. ADJOURNMENT
Chair Kurtz asked for a motion to adjourn.
MOTION: Commissioner Scanlan moved, seconded by Commissioner Mahowald, to adjourn
the meeting at 10:36 p.m. Roll call vote: Ayes – 6 – Nays – 0.