This transcript is from the **Farmington Planning Commission** meeting held on May 14, 2024. The Planning Commission members identified via the roll call are **Chair Rody**, **Commissioner Winshuttle**, **Commissioner Teske**, **Commissioner Lato**, and **Commissioner Snowback**. Key staff members speaking include **Tony Wippler** (Planning Manager) and **Jared** (Staff Planner). [0:01] **[Music] [Applause]** [0:47] **Chair Rody:** All right, call the meeting to order on behalf of the Planning Commission. I'd like to welcome our residents and viewers to this regular meeting of May 14th, 2024. On tonight's agenda, as I mentioned before, we have three public hearings. Uh, before we get into the public hearings, we have one housekeeping item to take care of—that would be the minutes from our April 9th, 2024 regular meeting. Are there any additions or corrections to those minutes? If not, is there a motion? [1:05] **Commissioner Winshuttle:** I'll make a motion. [1:07] **Chair Rody:** We have a motion. Is there a second? [1:08] **Commissioner Teske:** I'll second. [1:10] **Chair Rody:** Motion and second. All in favor say aye. (Group: Aye). Minutes are approved, thank you. At this time, we will open up all three public hearings. Again, we'll take them in order as shown on the agenda. The first public hearing is an ordinance amendment, subtitles four and 10 of the Farmington City code. This will be a quick one. Jared? [1:34] **Jared (City Staff):** Thanks, Chair, Planning Commission members. Staff is requesting to withdraw the proposed ordinance amendments and close the public hearing to give more time for staff to re-evaluate the amendments. So the requested action is to accept the withdrawal and close the public hearing. [1:50] **Chair Rody:** Okay, Jared, we'll see those some later in the future, correct? All right. From the commission then, I look for a motion to close the public hearing and also accept the withdrawal of the ordinance amendments. Is there a motion? [2:00] **Commissioner Winshuttle:** I'll make the motion. [2:01] **Chair Rody:** Have a motion. Is there a second? [2:02] **Commissioner Lato:** I’ll second. [2:05] **Chair Rody:** Motion and second. Call the roll, please. [2:14] **City Staff:** Winshuttle? **Winshuttle:** Yes. **Staff:** Teske? **Teske:** Yes. **Staff:** Rody? **Rody:** Yes. **Staff:** Lato? **Lato:** Yes. **Staff:** Snowback? **Snowback:** Yes. [2:20] **Chair Rody:** All right, I mentioned that’d be a quick one, huh? All right, maybe the next one will be that quick. All right, the next public hearing is actually two petitions for rezone. The first petition is to rezone property from A1 Agricultural to MUCI Mixed Use Commercial Industrial. The property is owned by the Farmington School District land. The second petition to rezone property from B1, R1, R2, R3, and Park and Open Space to MUCI. The address is 28302 220th Street; we'll refer to that as Farmington Valley Golf Course. And Tony, you're going to take this? [3:05] **Tony Wippler (Planning Manager):** I will, thank you. Mr. Chair, commission members, thank you. One thing I do want to point out up front—the reasonings that we're reviewing this evening are one of many different potential steps that if this development does move forward, they'll have to go through. In each of these steps, there will be a level of public participation and input. [Detailed explanation of AUAR environmental impacts, platting, and site plan review]. [4:37] **Tony Wippler:** The request before you this evening, as Chair Rody had mentioned, we do have two petitions for rezoning. They were submitted by Kimley-Horn. The first one is the school district property south of 225th Street. [Detailed PID descriptions]. The second petition is for the Fountain Valley Golf Course located at 28302 220th Street West. [5:24] **Tony Wippler:** As far as the school district properties, these are currently owned by Independent School District 192. They were annexed into the city as part of the orderly annexation agreement with Castle Rock Township. [Explanation of A1 to MUCI zoning]. The second petition is for the Fountain Valley Golf Course owned by Bryce and Carol Olsen. The proposed use at this time is for a master-planned technology park, which is a permitted use under the MUCI zoning district. [Discussion of Comprehensive Plan mid-cycle amendment]. [7:43] **Tony Wippler:** The action being requested this evening is to recommend approval of the following actions and forward the recommendations to the City Council contingent upon approval of the mid-cycle Comprehensive Plan amendment. [Summary of requested rezone actions]. We do have the applicant, a representative from the applicant, here as well. [9:00] **Chair Rody:** Thank you, Tony. That was the staff report. Tony will be available to answer questions during resident comments. There is a representative for the applicant here. Mr. Catchpool, did you want to say a few words? [9:15] **Alan Catchpool (Kimley-Horn):** Good evening, Chair, Commissioners. Again, my name is Alan Catchpool with Kimley-Horn Engineering, civil engineer here on behalf of Tract, who is a firm that develops master-planned technology parks. Tony has done a thorough job going through the requests for the rezoning. I’m here to answer questions as we can. [9:45] **Chair Rody:** All right, thank you. If you stay available in case there are any from the residents. All right, we're at the opportunity for the residents. Everybody get an opportunity to speak. Go to the podium, state your name and address for the record, please. [10:15] **Nathan Ryan (Resident):** Thank you. My name is Nathan Ryan. I live at 22390 Cambrian Way in Farmington. [Lengthy statement regarding concerns about "spot zoning," the Orderly Annexation Agreement (OAA) with Castle Rock Township, and property value protection]. You are telling current residents and future residents they cannot and should not trust the Comp Plan. Changing the zone of this property does not accomplish the stated reasons for the plan at all. We believe the city will face litigation should the Planning Commission move forward. [19:13] **Nathan Ryan:** According to the OAA Section 3.4, with regard to proposed industrial or commercial use... the City shall not subsequently modify or change initial comprehensive plan designation without the consent of the Town Board. I don't believe you have brought this to the Town Board. [Further discussion on tax revenue and the true nature of the "Technology Park" being a data center]. Please don't blight us. Thank you very much for your time. [26:09] **Chair Rody:** Mr. Ryan, thank you. You did a very nice job. [26:15] **Kathy Johnson (Resident):** I'm Kathy Johnson. I've lived for 45 years on Bearing Avenue. In January 2024, Independent District 192 sold 188 acres to an unknown buyer... managed by Tract Land Management. Camberley Horn is the applicant, but the end user is no secret: it's for a data center campus. [Detailed research presentation on three major impacts: Noise, Water usage, and Electricity]. [35:55] **Kathy Johnson:** Neighborhoods near data centers record noise in the 40 to 60 decibel range. Sound from data centers can travel up to 2.5 miles. [Discussion of health effects like elevated cortisol and hypertension]. Regarding water, large data centers use millions of gallons per day. A single data center can consume the equivalent electricity of 50,000 new homes. I ask the Planning Commission not to change the zoning. It is frankly unconscionable. [47:16] **Chair Rody:** Thank you. I can tell you've done your homework. Yes, sir? [47:25] **Jeffrey Shler (Resident):** My name is Jeffrey Shler. I live at 22420 Calico Court. I invite any of you to come over and sit in my yard. This proposal for rezoning poses a serious concern for environmental and health impacts. This will be under 50 feet from my home. I don't want to put my daughter in an industrial park. [Mentions meeting with Mayor Nick Lien/Josh Hoe? (Likely referring to the Mayor)]. The Mayor told me last Thursday he had no idea this would be a data center. How does our Mayor not know this? This really seems like it's getting forced and pushed quickly. [53:34] **Chair Rody:** Thank you, Mr. Shler. Other residents that would like to speak? [53:40] **Esther Varó (Resident):** My name is Esther Varó. I live on 225th Street. I live in this country for 28 years; my property tax has never gone down. If this is an industrial park that will need assessments, who's going to pay for an assessment when there's going to be a pipe in front of our road? Please do not plop it in the middle of residential areas. [55:55] **Jamie Williams (Resident):** My name is Jamie Williams. I live at 22315 Bearing Avenue. I settled in Minnesota because there is something special up here. I've lived in Texas where they said "don't worry about the pump jacks." They always smell. I implore you as a city, don't do this. I'm 50 feet away from the thing as well. Do not vote this thing in tonight. Go slow. [59:37] **Andy Berg (Resident):** My name is Andy Berg. I live at 22255 Calhoun Court. I am right on the front lines of this. We realized the golf course would eventually be sold, but never did we expect an industrial park. [Cites League of Minnesota Cities definition of "Spot Zoning"]. Spot zoning establishes a use classification inconsistent with surrounding uses. I’m here to ask you to listen to the residents. Don't approve this rezoning. [1:04:46] **Jason Fuler (Resident):** My name is Jason Fuler. I live at 3015 224th Street. I’d like to refresh you all on the guiding principles you established in the Comprehensive Plan. This rezoning truly feels like a reactive thing based on an interested user. Please table this decision and spend more time strategically thinking about what makes sense for this parcel. [1:08:19] **Stefan Petek (Resident):** My name is Stefan Petek and I'm a resident at 29982 225th Street West. I moved here three years ago. I celebrate my third anniversary of purchasing my first home directly between these two properties. I do not support the planned use. I would also ask you respectfully to table this. [1:10:36] **Terry Pearson (Resident):** I'm Terry Pearson. I live at 2475 225th Street, right next to the golf course. We've lived here for 37 years. My hope is that the decision be considerate of all constituencies. [1:11:33] **Lynn Greenslit (Resident):** My name is Lynn Greenslit. I live at 22405 Bearing Avenue. I came to Farmington to live on a golf course. This is a horse community. I’ve got a beautiful registered quarter horse that backs up to the second hole of the golf course. This isn't fair to the people that work their asses off to buy these houses. We don't want a data center anywhere near. [1:14:41] **Gina Treble (Resident):** My name is Gina Treble. I live at 22402 Calico Court. My backyard is the golf course. It affects us; we are retirement age. The values of these homes are going to go down because of this. [1:15:27] **Ryan Peach (Resident):** My name is Ryan Peach. I live at 22272 Cambrian Way. I've been a resident my whole life. I built my house in 2009. I was told there would be a buffer from industrial lots, and the "privacy fence" is a 5-foot chain link fence. This is not the place for industrial parks right by residential neighborhoods. [1:17:58] **Susan Froo (Resident):** I'm Susan Froo. I live in Castle Rock Township on 240th Street West. I have a letter of objection here and a petition. Can you not stop this now with what you heard? [1:20:00] **Chair Rody:** To clarify, the Planning Commission will make a recommendation to our City Council. The recommendation can be in favor of or against. The City Council has the final decision-making power in rezoning. [1:21:59] **Nancy Cassa (Resident):** My name is Nancy Cassa. I live on Bont Avenue. The only way I knew about this is because I read it on Facebook. This is a huge deal. Give us a grocery store! We don't need that data center. Stick up for us. [1:24:42] **Moami (Resident):** My name is Moami. I live on 2528 220th Street West. I am retired but I design data centers for private companies. What you see in a home's power usage is used in about 100 square feet of a data center. Please, we need a lot more information upfront before doing the rezoning. [1:28:00] **Justin Wilds (Resident):** My name is Justin Wilds. I reside at 22240 Cambrian Way. We are a small community. Not having a data center in our backyard is probably a great thing. [1:29:08] **Dora Dorman (Resident):** My name is Dora Dorman. I live at 22295 Albatross Circle. Droughts happen; water is precious. I remember when Farmington hired people to catch residents watering their lawns during droughts. [1:30:43] **Diana Bell (Resident):** I'm Diana Bell. I live at 1109 Maple Street in Park Place. I can hear the high school band from my house; the sound travels. How can you put in a data center that takes our water when we have to conserve? You have to consider all of East Farmington. [1:32:18] **Jerry Risto (Resident/Former Mayor):** I’m Jerry Risto. I live at 516 Lower Heritage Way. I was the Mayor for eight years. I was involved in the annexation with Castle Rock. This was never the intent. This was supposed to be orderly. The School District dubbed us; they didn't even give us an opportunity to buy the land. You people have to find findings of fact. [1:35:55] **Resident (Unknown):** Is all the water coming from Empire? [1:36:08] **Tony Wippler:** This would come from the City system. [1:36:20] **Jeffrey Shler:** We don't have enough water. If there's a fire in the high school, there's no water to take care of that because they're pulling it for the data center. It's safety. [1:38:15] **Chair Rody:** [Explaining the commission's influence/pull]. The council will get the commission's recommendation. I don't come in here with my mind made up. [1:40:40] **Kathy Johnson:** Brian Watson at Soil and Water said no, the water will not be coming from the Empire wastewater treatment. [1:41:42] **Dan May (Resident):** My name is Dan May. I live at 22265 Bearing Avenue. Is this the only input you receive from residents? Overwhelmingly, we are against this. [1:45:00] **Den May (Resident):** I also live at 22265 Bearing Avenue. I would just like an idea of what's next. How will the notices go out? [1:46:50] **Tony Wippler:** Per code, we're required to send notice to every property owner within 350 feet of the property. [1:47:15] **Gary Johnson (Resident):** 350 feet does not hardly notify anybody. I request a radius of 2 to 3 miles. [1:47:50] **Bruce Betzel (Resident):** 22248 Cambrian Way. If you built two data centers, you would be sandwiching Executive Estates on both sides. [1:48:47] **Jennifer Matko (Resident):** My name is Jennifer Matko. I’m at 407 11th Street. I have four children. I just found out about this on Saturday because someone knocked on my door. What are we going to do when these data centers become obsolete in 10 years? This affects the vision of Farmington as a whole. [1:52:31] **Chair Rody:** I want to appreciate all the residents. You've been very respectful and well-prepared. I want to do what's right, not what's quick. I believe I need more information. I’m going to recommend we continue the public hearing to a future meeting. Commissioner Teske? [1:56:55] **Commissioner Teske:** What I see is a proposal for a "technology park." I want to understand what the infrastructure would look like. I would recommend a continuation. [1:57:40] **Commissioner Winshuttle:** I agree. I think it’s important to gather the details on what a data center actually does to other cities. I would like to table it. [1:58:40] **Commissioner Lato:** I agree we need to table this. I absolutely am in favor of looking at the sustainability and environmental impacts. [2:00:35] **Tony Wippler:** [Explanation of the 2040 Comprehensive Plan and Metropolitan Council requirements]. [2:03:30] **Commissioner Snowback:** More information is needed. The water issue is something I care about. [2:05:25] **Deanna Kuennen (CED Director):** The Alternative Urban Areawide Review (AUAR) is the environmental study. It is about a nine-month process that analyzes water usage and environmental impacts. We are also inviting in a neutral third-party data center expert to provide education. [2:11:55] **Chair Rody:** Is there a motion to continue the public hearing to our June 11th meeting? [2:12:35] **Commissioner Winshuttle:** Motion to continue. **Commissioner Lato:** I’ll second. **Chair Rody:** Call the roll. (Staff calls roll; all members vote Yes). We’ll take a recess until 9:20. [2:23:34] **Chair Rody:** Call the meeting back to order. We’ll go into our third public hearing—a preliminary and final plat, conditional use permit, and three variances to construct a 168-unit apartment building at the northwest corner of Duchaine Parkway and Spruce Street. Jared? [2:24:10] **Jared (City Staff):** This is for the Farmington Apartment project. The applicant is Yellow Tree Development; the property owner is Hy-Vee. [Detailed presentation of the four-story building, parking requirements, and three variances for height and setbacks]. [2:32:00] **Sheldon Berg (DJR Architecture):** Good evening. I’m Sheldon Berg, representing the architectural team. We are joined by the developer. [2:33:00] **Peggy (Resident):** I live across the street. How is that 214th Street going to affect the drop-off to the river? There’s water underneath there. Is the building going to sink? [2:35:50] **Blanch Riker (Resident):** I live on Duchaine Parkway. I’m concerned about the traffic and the noise factor with that many apartments so close to our building. [2:39:45] **Terry Lis (Resident):** 214 Duchaine Parkway. Is this all market-rate units? **Jared:** Yes. **Terry Lis:** What about Green Space? That "square" area was designated Green Space. [2:41:40] **Bonnie (Resident):** You're going to have a problem with 214th. You can hardly get onto Highway 50 now. How many people are going to have to die at that intersection before they put a stoplight in? [2:42:30] **Tony Wippler:** The County is the authority on Highway 50. It doesn't currently meet County spacing for a stoplight. Spruce Street will eventually extend to Pilot Knob. [2:48:30] **Commissioner Teske:** I have concerns about the height variance—40 feet is the cap and they are at 53. It seems like a lot for that site. [2:49:30] **Yellow Tree Representative (Applicant):** Regarding the height, it's contextual with the pitched roofs across the street. We also had to raise the building due to the water table. Regarding parking, we manage our buildings and assign spots based on unit type. We are confident in the 1.5 spaces per unit. [2:54:40] **Commissioner Winshuttle:** How do residents gain access? **Applicant:** It’s a 100% secure fob system. [2:57:10] **Commissioner Lato:** Are there ADA requirements for entry? **Applicant:** Absolutely. **Lato:** What is the rent range? **Applicant:** Around $36,000 income to qualify for an alcove unit. We hope to start construction this summer. [3:01:45] **Chair Rody:** I’ll look for a motion to close the public hearing. (Motion made/seconded; all vote Yes). First, a recommendation to Council for the preliminary and final plat. [3:02:15] **Commissioner Winshuttle:** I’ll make the motion. **Commissioner Teske:** Second. (Roll call: all vote Yes). [3:02:40] **Chair Rody:** Next, a motion for the CUP and three variances. **Commissioner Lato:** I’ll make a motion to approve. **Commissioner Winshuttle:** Second. (Roll call: all vote Yes). [3:03:40] **Chair Rody:** Our next regular meeting is June 11th. Motion to adjourn? **Commissioner Winshuttle:** Motion to adjourn. **Commissioner Lato:** Second. (All vote Aye). We are adjourned. [3:04:23] **[Music]**