[1:51] Chair: Good evening everyone. I call the March 18th, 2026 Apple Valley Planning Commission meeting to order. The first item of business is the approval of the agenda. Any changes from staff? [1:51] Mr. Benetti: Uh, madame chair, members of the commission, uh, we do have a slight change from our on our agenda. Hopefully, you did get a copy of that. Uh, on number four, public hearings, we revised that. Uh, I'll read it verbatim. A, Apple Valley Technology Park data center project opedan development. We are separating number one with conditional use permit for data center and number two resoning preliminary plat and site plan and building permit authorization. So we're going to be conducting uh one official new hearing and reconvening the second hearing for those other items. [2:38] Chair: Noted. Thank you. [2:38] Mr. Benetti: You're welcome. [2:38] Chair: Commissioners move to approve. [2:38] Commissioner Sandall: Second [2:38] Chair: motion made by Commissioner Sandall and seconded by Commissioner Scandlin. Any discussion? If not, all who approve say I. [2:38] Commissioners: I. [2:38] Chair: Motion carried. Brings us to the consent agenda. Consent agenda items are considered routine and will be enacted with a single motion without discussion unless there is a request to have any item separately considered. It will then be moved to the regular agenda for consideration. Can I get an approval for the minutes? [3:14] Commissioner Scandlin: So moved. [3:14] Commissioner Sandall: Second. [3:14] Chair: Motion made by Commissioner Scandan and seconded by Commissioner Sandal. Any discussion? If not, all in favor say I. I. [3:14] Commissioners: I. [3:14] Chair: Oppose. Nay. Motion carries. That brings us to our public hearings tonight. And as Mr. Benetti just said, we will be having two open or one open hearing and one will be reopened. So, at this time, I will say the conditional use permit for data center and I will open that public hearing at this time. We will now open the public hearing for agenda item 4A number one. The affidavit of publication for the notice of public hearing is available for inspection in the planning department. Everyone wishing to speak at this public hearing should be sure to fill out the attendance roster in the back. Include your name and your address so that accurate records can be maintained. We will begin the procedure with a brief presentation by city staff followed by a presentation by the petitioner of the hearing. Upon the conclusion of the presentation, city staff will be asked to comment on their proposals conformance with pertinent regulations and policies. After that, comments will then be taken by the general public. Mr. Benetti. [4:32] Mr. Benetti: Thank you, Madam Chair, uh members of the commission. U for you tonight. As as uh was spelled out, we conducting a an official public hearing on a conditional use permit application for a proposed data center use. We're also reconvening or reopening a public hearing from back o over a year ago on February 5th, 2025 regarding the following applications. A resoning, a preliminary plat, and a site plan and building permit authorization. And I'm going to touch on uh one of those on on number A or item A little bit later in this report. So OPEDN is the applicant along with Rockport LLC as the owners uh proposing to develop a new data center campus uh uh titled App Valley Technology Park. The applications included, these were combined packet of applications, a resoning from SG Sand and Gravel to MUBC mixeduse business campus. And as report indicated back in February of 2025 and in the updated report, that resoning was predicated uh on the adoption of a new mixeduse business campus district ordinance by by the city. Uh there's also the preliminary plat of Apple Valley Tech Park. That original plat consisted of four large lots with two outlots for future platting. That was revised later by the applicant after the February 5th hearing for five lots and five outlots, which I'll get into a little bit uh in a few seconds. Also the site plan and building permit authorization. Not a lot of change from that, but there was five large scale data center buildings. Sorry, that should be buildings not budwings of over 795,000 square feet over a million plus square feet of total area plus some several uh uh smaller support buildings of just under 70,000 square feet. Uh the conditional use permit would allow the data center to go into the MUBC district. Just for clarification, just want to show you the site that is under these applications. We basically or effectually refer to this as the east side of the uh orchard place or the gravel pit mining area. Uh you have 150th Street or County 42 on the north, Pilot Knob Road on the east, 152nd English and 155th on the on the on the southeast, and also uh Future John Cankridge Road on the west. Uh the current site guiding now this is site guiding not zoning is currently mixed business campus NBC. What you're seeing there in the purple shade is the underlying land use. The hatched area just shows the perimeters of the 135 acres that was subject to this application. Also part of our comp plan guide for this area uh we refer to this map figure 4.2 to as the Orchard Place concept or priority planning area. Highlighted up on the screen is the outlined area of the proposed AV Tech Park site. And you'll see the three different color patterns there. The dark uh red, the salmon, and the uh the blue area. So the B area, the red is office, hotel, medical, commercial, retail. The G the C area was office, hotel, medical, and the G was medical, corporate campus, office, industrial, and commercial retail. So, there's three different patterns there that had to be uh amended that were requested by the uh owners, Rockport. and Rockport actually requested a larger area both the east and the west side and they basically wanted to strip uh take away uh or or do away with these uh preferred land use categories and just go back to a straight mixed business campus. The current site zoning is SG sand and gravel. Highlighted here also in the hatch area is the areas. You'll note the small areas up north is P. That's P institutional that is the current substation area that was not subject to resoning and also the two small parcels on the north end were two uh old farmsteads that were bought out by Rockport AVR a few years ago. Those remained in the A agricultural, but all that was going to be uh proposed for resoning to an MUBC mixeduse business campus. The plunary plat as originally stated uh called for four lots and each of these lots was going to be the the the layout of these new buildings for the first phasing of this uh proposed Apple Valley Tech Park. The two outlots were going to be held for future outlots. These got uh this was updated later by the applicant with five new lots and also with five new out lots. Also some dedication of rightways as shown in the hatch pattern. Not going to go too dwell too much on these. This is the site plan that you've seen before also in your packet. These are the large scale buildings that we talked about. You'll see the lots uh the two up on lot three, lot four, and then they get progressively bigger on the outlot D and C and also with B. The support buildings are shown as such with also the fencing plan, the ponding plan. So really uh uh not much. There's a lot here, but really we don't have to dwell on this anymore. Our building elevations, you've seen these before. So we had two different level buildings. We had single level and double levels. uh the buildings average about 28 feet to approximately 75 to 80 feet on the larger scale building. So this would be actually a two-level building about 85 ft in height. Under our mixed use business campus that we created approved uh we had a conditional use permit uh provision built into that MUVC. We also provided for a new definition. And I won't bother you by reading it, but the data center uh definition that we added and under 155 310 uh sub paragraph C conditional uses number two light industry manufacturing uses we allow for data centers as a regulated uh use elsewhere in this section in that MUBC district. We created a a pretty extensive set of standards and requirements for those data centers. I don't have them here tonight because uh they're really not necessary or needed for for your discussions tonight. Uh I may be jumping around a little bit here, but just bear with me. So back in January, excuse me, February 5th of 2025, you had a a planning commission meeting. I think most of you were here at that time. Uh you did consider initially the reszoning from SG Sand and Gravel to MUBC. You also consider that subdivision by promoting plant for the four lots and the two out lots a site and building plan authorization for the data center. Now the COP was also part of the combined application package by the uh applicant from Apadam. However, since we did not have the MUBC district created officially, we had to hold off on that cup until that was created. We couldn't apply something that on a district that wasn't created. The expectation was that that day that that hearing was going to take place uh uh probably in the near future and uh due to some uh continued extensions by the applicant and by the owners uh uh we're here today because of some of those extensions. So we did provide a detailed presentation by staff to the commission. Uh we did receive numerous comments from the public in your packet. you're you're you're you obviously see a lot more comments that came in during that time period since that uh hearing and therefore they're they're we're asking that those be considered part of the public record the the commission did elect to keep the hearing open and continue to a future meeting on February 25th in about that time the applicant did submit updated plans including improvement plan site grading plans plans circulation plans lighting phototric noise study and other information. That information is also in your packet and uh uh but was never really got uh beyond re uh the official review because we were still working with Rockport the owners on the comp plan amendment which goes back to a previous date of January 15, 2025 when the PC this group did conduct an initial public hearing regarding the proposed comp plan amendment application from Brockport. That hearing was closed that night. The complaint amendment was tabled to a future undetermined meeting date from January to April. Staff was working with with the owners on some issues that were brought up that night. On April 2nd, this item, the comp plan amendment, remember, was reconsidered by the planning commission and after follow-up presentation by staff and owner, the PC did recommend denial by a 5 to1 vote. since that April meeting and up to January 22nd noted on the screen. Again, the the Rockport and their uh consultants uh worked with our staff providing some new information, provided for some extensions. Eventually, we came to a point where the the owner Rockport requested that they be put on the January 22nd council meeting for official review. At that meeting, we presented your recommendations and your findings for denial and the council unanimously adopted resolution 202611 which denied the request for the complaint in its entirety. So without that complaint amendment, this application pretty much uh uh uh could not really go any further because it would not be consistent with the underlying current comp plan amendment or the zoning code. With with that during that after that meeting I did personally try to reach out to the applicant and ask are you willing to withdraw the application or do you w what do you want to do with your applications? Basically they said they wanted to proceed. So we set the meeting date for March 18th tonight for a public hearing. We did the official notices a few weeks ago on March 6 of this year. The applicant formally withdrew its application to resone the property from SG sand and gravel to MUBC. That was followed by a letter from our our the owners Rockport uh a letter that officially withdrew its consent to the applicants resoning of their land applications. Due to this withdrawal, the reszoning is no longer under under consideration tonight uh per the request of the applicant and the owner and does not require further action or recommendation by the PC. So without that zoning, the conditional use permit, the site plan, the plat, they really cannot be approved uh by this board or by the council. So under PC action tonight, you're going to open and conduct a public hearing on the conditional use permit app for the proposed data center as proposed under planning app PC 2423 BCSZ. Secondly, you're going to reconvene the public hearing from the February 5th meeting for the plat and the site and building plan. And at finally, you're going to consider and receive any additional information from city staff applicant, receive additional comments. You should close both hearings and give final recommendation on all applica apps. And finally, we do have a recommendation as noted in the packet for recommendation of denial of all three applications before you tonight. With that, I will stand down for any questions if you have any. [16:37] Chair: Deep breath. Everybody get that? I should have mentioned when I opened that that also included the reopening of the February 5th, 2025 um public hearing. Um just because Mr. Benetti was presenting this and it kind of had the background for both of them. But we'll be handling each one separately. So with that we can proceed with questions regarding for A1 this the conditional use permit for the data center. Any questions for the commissioners? [17:13] Chair: Yes. Commissioner Mahwell. No. Okay. So no questions for us. So at this time does the applicant wish to speak? [17:29] Pete Carbono: Good evening, commissioners. Um, address first. I am signed in. [17:29] Chair: You can you can say your address. [17:29] Pete Carbono: Address is 400 Water Street, Excelsier, Minnesota, 55331. My name is Pete Carbono. Uh, good evening. My name is Pete Carbono. I represent the applicant OpEd Investment Company. We're a family-owned local development company um that's been proud to contribute to this community in the past. Um, Oppen's first development project in 1991 was actually the Norwest Bank off of Cedar, um, which is now Wells Fargo. Um, we like to approach development with transparency. Um, this has been an atypical process for us as we, um, as noted here, you know, we presented our project 13 months ago. Um, throughout the process, we have not received feedback on our project, which we would have enjoyed to provide more data and answer and give responses and answer questions. Um we're investing and building data centers across the country including Egan um right now and we do believe that this data center is an appropriate use for this site. Um we do anticipate a denial tonight. Um but we found it important uh we wanted to address the commission. Um we take pride in operating with integrity and professionalism. Um, and it's important to us to maintain relationships as we, you know, we could be before you guys another time with a senior housing project or a retail project of that sorts. Um, so we want to take the time to thank the staff for all their work that they've done reviewing all this and thank you all for your time with this matter as well. [19:00] Chair: Thank you. Thank you, Pete. Thank you for your words. So, at this point, I will have any residents that would like to come up and talk. Just keep in mind please that the cup will not be approved because they did withdraw their application for resoning. So if there's anybody who still has any questions or concerns that is new that we haven't heard prior to the other meetings, please feel free to step forward. Anyone? Okay. With that being said, I will close that hearing for tonight. Um, if there are no further comments, I will close this public hearing. It is the policy of the planning commission not to act on an item on the same night as its public hearing. The planning commission will weigh all comments and information received tonight in its deliberations at future meetings. This item will continue continue to appear on future planning commission agendas until a recommendation on the petition can move forward to the city council unless we would like to make our motion or recommendation tonight. [20:11] Commissioner Scandlin: Madame Chair, I recommend denial of the proposed preliminary plat of the Apple Valley Technology Park. [20:11] Chair: Yes. Oh, number three. [20:11] Commissioner Scandlin: Apologize. I should have had that number one. [20:11] Chair: Thank you, Sharon. [20:11] Commissioner Scandlin: Number three. Madame Chair, I recommend denial of the conditional use permit for the proposed Apple Valley Technology Park data center campus as requested under the planning application case number PC24-23-BSZ with the findings noted in the attached draft resolution for the city council consideration and final action. [21:02] Commissioner Sandall: Second. [21:02] Chair: Motion was made by Commissioner Scanland and seconded by Commissioner Sandall. Any discussion? If not, all in favor say I. [21:02] Commissioners: I. [21:02] Chair: Oppos? Nay. Motion carries on that one. So, the second one is already open, correct? So, at this point, we ask for commissioners. Any questions on the Hold on. I usually have a purple one and it's white. [21:39] Mr. Benetti: So, Madam Chair, uh, since we we held over the reszoning the preliminary plan and site plan from the April, excuse me, February 5th meeting. [22:04] Chair: So, any questions in regards to that? Any questions on any of those applications? But for for for protocol or for uh because they've withdrew the resoning, there should be really no comments or or need for any questions or comments on the res. But I still have to close [22:04] Mr. Benetti: You should [22:04] Chair: the hearing on that. Right. [22:04] Mr. Benetti: Correct. [22:04] Chair: Okay. So if there are no further comments, I have a close this public hearing. It is the policy of the planning commission not to act on an item on the same night as the public hearing. The planning commission will weigh all comments and information received tonight in its deliberations at future meetings. This item will continue to appear on future planning commission agendas until a recommendation on the petition can be forwarded to city council unless we again make a recommendation as we should tonight. [22:41] Commissioner Mahobald: Okay, I'll make a motion to recommend denial of the proposed preliminary plat of Apple Valley Technology Park as requested under planning application case number PC24-23-BCSZ with the findings noted in the attached draft resolution for city council consideration and final action. [23:02] Commissioner Scandlin: Second. [23:02] Chair: Motion was made by Commissioner Mahobald and seconded by Commissioner Scanland. Any discussion from the commissioners? All in favor say I. [23:02] Commissioners: I. [23:02] Chair: Oppose. Nay. Motion carried. [23:18] Commissioner Mahobald: I would also motion to recommend denial of the site plan and building permit authorization for the proposed Apple Valley Technology Park, the data center comp uh campus as requested under planning application case number PC24-23-BCZ with the findings noted in the attached draft resolution for city council consideration and final action. [23:44] Commissioner Scandlin: Second. [23:44] Chair: Motion was made by Commissioner Maholwald, seconded by Commissioner Scanland. Any discussion? If not, all in favor say I. I. Oppose made. Motion carries. [23:44] Mr. Benetti: Madam Chair, just a reminder this these three resolutions that were in your packet uh they will be presented uh with report to our our city council at next week's regular meeting on Thursday, March 26. And there will not be a public hearing that night. Uh it's up to the discretion of the mayor and council to allow for public comments if any, but typically uh your hearings tonight suffice for that uh public comment period. So, [23:44] Chair: okay, sounds good. Thank you. Thank you. Thank you to everyone who came. That brings us to number five, land use action items. Looks like we do not have any tonight. And other business, the review of upcoming planning commission and city council meetings and other updates. Mr. Benetti, if you could take that one, too. [24:45] Mr. Benetti: Yep. Uh, give me one second. Uh, very quickly, our next meeting is on April 1st and followed by a March 4th meeting, excuse me, April 15th. And our council meetings, as I mentioned, uh, next Thursday, uh, March 26, followed by Thursday, April 9th. [25:05] Chair: Sounds good. Can I get a motion to adjurnn? [25:05] Commissioner Scandlin: So moved. [25:05] Commissioner Sandall: Second. [25:05] Chair: Okay. Motion made by Commissioner Scanland and seconded by Commissioner Sandal. All in favor say I. [25:05] Commissioners: I. [25:05] Chair: This meeting is adjourned.