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4.b 1 Hogle CUPI C" 0 1;1'10 1 A The right time. The right people. The right company MEMORANDUM 444 Cedar Street, Suite 1500 Saint Paul, MN 55101 (651)292-4400 (651) 292-0083 Fax www.tkda.com To: Scandia Planning Commission Reference: Hogle Community Solar Garden CUP Neil Soltis, Administrator Copies To: Brenda Eklund, Clerk Ryan Goodman, PE, City Engineer From: Date: SUBJECT: Duane Hebert, Norel Energy Solutions Gary Hogel, Donald & Marilyn Hogle Trust, owners Sherri Buss, Planner RLA AICP Proj. No.: October 18, 2016 MEETING DATE: LOCATION: APPLICANT: Routing: 16022.017 Novel Energy Solutions Conditional Use Permit (CUP) Request for a Community Solar Garden at Hogle Twin Pines Farm November 1, 2016 21509 Lofton Avenue North Duane Hebert Novel Energy Solutions 16282 nd Avenue SE Rochester, MN 55907 OWNERS: Donald & Marilyn Hogle Trust c/o Gary Hogle 21509 Lofton Avenue North Scandia, MN 55073 ZONING: Agriculture Core (AG C) 1200 -DAY PERIOD: December 13, 2016 ITEMS REVIEWED: Application, Revised Plans and Survey (10/14/16) and supporting materials received September 28 and October 14, 2016 BRIEF DESCRIPTION OF THE REQUEST: The applicant is requesting a Conditional Use Permit (CUP) to develop a Community Solar Garden on a parcel at 21509 Lofton Avenue North, north of Trunk Highway 97 (Scandia Trail North). The subject property is located in the Agriculture Core (AG C) Zoning District, and includes approximately 74.4 acres. An Employee Owned Company Promoting Affirmative Action and Equal Opportunity Hogle Community Solar Garden CUP Page 2 November 1, 2016 Scandia Planning Commission BACKGROUND AND PROJECT DESCRIPTION: Novel Energy Solutions, the applicant for the CUP, is proposing to build a Community Solar Garden on the parcel at 21509 Lofton Avenue North. The solar farm would be 40 kilowatts (kW) in size and approximately one 1 acre in area—smaller than the solar farms and gardens approved in Scandia to date. Novel Energy Solutions would own the solar system and lease the land from the Hogle Family. Scandia residents and others outside the community could be subscribers to the Community Solar Garden. The site is located on an agricultural property that includes several large wetland areas. The cross sections show the topography of the site—Lofton Road is approximately 35 feet above the base of the proposed solar panels. Site Layout. The Site Layout shows the proposed location of the solar array on the site. The site access is proposed to be the existing driveway access to Twin Pines Farm from Lofton Road. The existing driveway would be extended to the north to serve the community solar garden. The solar garden is located north of the existing structures on the property. The solar system includes two rows of 96 solar panels that will be a maximum 12' in height. The application states that 310-330 watt solar panels will be used at the site. The support posts will be cemented or pounded into the ground to prevent frost heaves and provide racking and panel supports to meet the snow and wind load requirements. Energy produced by the panels will be sent to inverters and a transformer, and then sent to Xcel Energy's electric grid. The developer will complete an interconnection agreement with Xcel Energy. The applicant anticipates that interconnection may include a standard Xcel Energy utility pole with a transformer and/or meter. Staff requested information about the height of the utility pole, and the applicant responded that the poles have typically be 40' in total height, with 32' above the ground level. The application proposes a 6' chain link fence around the solar system, and planting a MnDOT 260 or similar Low Maintenance Turf seed mix. The application states that "native grasses or specific pollinator plantings will be considered upon request of the property owner as long as solar production and maintenance is not compromised." Construction would begin in late 2016 or early 2017 after approval of the interconnection with Xcel Energy. CRITERIA FOR GRANTING A CONDITIONAL USE PERMIT (CUP) The City's Development Code identifies the criteria that should be considered for evaluating a CUP request and granting a CUP or amendment. The Code indicates that the criteria that the Planning Commision shall consider include the following: • The conditional use will be in compliance with and shall not have a negative effect upon the Comprehensive Plan, including public facilities and capital improvement plans. • The establishment, maintenance or operation of the conditional use will promote and enhance the general public welfare and will not be detrimental to or endanger the public health, safety, morals, or comfort. Hogle Community Solar Garden CUP Page 3 November 1, 2016 Scandia Planning Commission • The conditional use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values or scenic views. • The establishment of the conditional use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district. • Adequate public facilities and services are available or can be reasonably provided to accommodate the use which is proposed. • The conditional use shall conform to the applicable regulations of the district in which it is located and all other applicable standards of this Chapter. • The conditional use complies with the general and specific performance standards as specified by this Section and this Chapter. The Development Code also includes general performance standards for all CUP's and specific performance standards and requirements for Community Solar Gardens. This report also analyzes the proposed project based on those standards and requirements. DETAILED EVALUATION OF THE REQUEST: Comprehensive Plan The Comprehensive Plan states that the primary land use in the Agriculture Core (AG C) District will be agricultural production. The plan encourages other uses that are consistent with agricultural use. The Comprehensive Plan notes that the City encourages the use of renewable, local and diverse forms of energy in order to increase the use of local resources, mitigate the local risk from fossil fuel scarcity and price increases, and help meet Minnesota's climate protection goals. The plan includes a number of implementation strategies that support the use of renewable energy systems. The City recently adopted Ordinance 174 permitting Community Solar Gardens and Solar Farms in the AG C, AP, and GR Districts to help to implement the goals and strategies in the Comprehensive Plan. The request is consistent with the goals of the Comprehensive Plan. Minimum Lot Size and Frontage Ordinance 174 does not identify a minimum parcel size for community solar gardens. The minimum parcel size in the AG C District is 2.0 to 5.0 acres or 20 acres and larger. The Development Code requires a minimum road frontage of 300 feet for parcels that are 4.0 acres or larger. The proposed community solar garden will be located on a parcel 74.4 acres in size with approximately 1400 feet of frontage on Lofton Avenue. The request meets the lot size and frontage requirements of the Development Code. Setbacks The AG C District, AP District, and Solar Ordinance structure setback requirements are the following • 75 feet from all parcel boundaries (Lofton Avenue is not classified as an Arterial Roadway, so the greater setback for arterial roadways does not apply.) The proposed structure setbacks are shown on the Proposed Site Plan (Sheet # S2.0) as follows: Hogle Community Solar Garden CUP Page 4 November 1, 2016 Scandia Planning Commission • Approximately 650 feet from Lofton Avenue North • Approximately 600 feet from the side parcel boundaries • Over 1000 feet from the rear parcel boundary The proposed setbacks for the solar project area meet the Development Code requirements. Accessory Structures The Development Code (Solar Ordinance) exempts solar farm and community solar garden uses from the Residential and Agricultural Accessory Structure standards regarding the square footage and number of structures permitted on a parcel. The solar system and fence are the only new structures proposed on the site. Structure Height The Development Code (Solar Ordinance) permits a maximum height of 15 feet for the solar structures. The application states that the maximum height of the solar panels will be 12 feet. The applicant noted that an Xcel utility pole will be required for the project. He estimated that the pole will be 32 feet in height above ground. The proposed structure heights meet the ordinance requirement. If the utility pole exceeds 35 feet in height, it will require a Conditional Use Permit. Lot Coverage The maximum allowable lot coverage is 25% in the AG C and AP Districts. The Comfort Lake -Forest Lake Watershed District (CLFLWD) stated in comments on previous solar facility projects that solar arrays designed without permanent foundations and with vegetative cover under the array will not be counted as impervious area. The applicant stated that the proposed array will be erected on posts without permanent foundations so that it may be removed in the future, and that the area under the array will be planted with a perennial vegetative ground cover using the MnDOT 260 seed mix or a similar mix. The impervious areas proposed on the site plan include the access roads and driveways between the rows of solar panels on the site, rack posts, and various structures, as noted on the Site Plan. The existing impervious cover on the parcel is approximately 2% of the parcel area. Based on the County's parcel data, the Planner estimated that the impervious cover will continue to be approximately 2-3% after development of the solar farm. The coverage meets the ordinance requirement. Seed mix. MnDOT 260 is a sod -type turf mix from the 2005 MnDOT Seeding Manual that is no longer listed in the newest MnDOT Seeding Manual (2014). The 2014 Seeding Manual specifies that the old mixes should no longer be used. Therefore, a different seed mix should be identified for the project site. Minnesota Statutes require that "owners of ground -mounted solar sites with a generating capacity of more than 40 kilowatts provide native perennial vegetation and foraging habitat beneficial to game birds, songbirds, and pollinators and that reduces stormwater runoff and erosion at the site. To the extent practicable, when establishing perennial vegetation and beneficial foraging habitat, a solar site owner shall use native plant species and seed mixes under Department of Natural Resources Prairie Establishment & Maintenance Technical Guidance for Solar Projects." While this site does not exceed 40 kilowatts, the City Hogle Community Solar Garden CUP Page 5 November 1, 2016 Scandia Planning Commission has required other solar projects to utilize native, local seed mixes that are pollinator -friendly and recommended by the Minnesota DNR. The Planner has included a condition similar to those required for recent solar garden approvals, as follows: The site owner shall use a native seed mix for the site that shall come from a local seed source, seed tags shall state that the mix is noxious weed free and Pure Live Seed Certified, and the mix shall be one of the mixes recommended by the Department of Natural Resources "Prairie Establishment & Maintenance Technical Guidance for Solar Projects." Access and Traffic The proposed site access road connects to Lofton Avenue North, a County road. The applicant is proposing to use the existing access that serves Twin Pines Farm as the access for the solar project. The existing driveway would be extended to the north to the solar project site. The Planner sent a copy of the application to the City Engineer and to the Washington County Transportation Department, and requested that they provide comments and recommended conditions for the CUP. The applicant estimated that equipment and supplies to construct the solar garden will be delivered to the site during a 2-3 day period at the start of construction, and another 1-2 days at the end of construction. Construction will last about 1 week. Deliveries will use the existing driveway, and the applicant may install a directional sign for construction traffic if approved by the road authority. He noted that "all parking and staging will be located off-road, and that once constructed, there would only be 3-4 visits per year for grounds maintenance. The system is monitored remotely and panel and inverter failure is less than I%. No cleaning or other maintenance is required on the system unless a panel or inverter needs to be replaced." The City Engineer provided the following comments regarding the proposed access: • The proposed access road is less than 20 feet in width. With the size of this project, we have minimum concerns, but the access route should be reviewed and approved by the Fire Chief. • The Fire Chief reviewed the access and provided an email to staff indicating that given the small size of the system the proposed access is adequate. Washington County staff stated that they have no comments or concerns about the applicant's use of the existing driveway access for the solar project, and no additional access permit is required for the project. Lighting The applicants have not proposed new lighting at the site. Any new lighting will need to meet the ordinance requirements. Landscaping, Screening, and Potential Glare The City's Solar Ordinance requires the following: • "Solar farms and community solar gardens shall be screened from view from the public right of way to the extent possible by setbacks, berming, existing vegetation, landscaping or a combination thereof. The City may require that the solar arrays be screened from view form nearby or affected Hogle Community Solar Garden CUP Page 6 November 1, 2016 Scandia Planning Commission properties using the same screening elements, and may require a vegetative buffer up to 25' in depth and/or screening of up to 95% of the view of the solar arrays from adjacent parcels. The screening requirement shall be achieved within 2 growing seasons from the date of project approval." "All solar farm and community solar garden facilities shall be designed and located in order to prevent reflective glare toward any inhabited buildings on adjacent properties, as well as adjacent street rights-of-way. Steps to control glare nuisance may include selective placement of the system, screening on the side of the solar array facing the reflectors, reducing the use of the reflector system, or other remedies that limit glare. Solar farms utilizing a reflector system shall conduct a glare study to identify the impacts of the system on occupied buildings and transportation rights-of-way within a half -mile of the project boundary." Screening from public right-of-way—TH97. The solar array will face to the south, and will be more than 1/2 mile from TH97. Existing buildings on the site and vegetation between the site and TH97 will screen the panels from view from TH 97. Screening from public right-of-way—Lofton Avenue. The solar project will be visible from Lofton Avenue North based on photos that show the site from the roadway (attached). The existing vegetation along the east side of Lofton Avenue consists largely of grasses with a few scattered conifers. The roadway is approximately 35 feet higher than the base of the solar panels. The applicant has proposed the addition of approximately 9 trees to fill in gaps in the existing vegetation along Lofton Avenue to screen the views of the solar project from the roadway. He has proposed that the tree species include Norway Spruce ( Picea abies) or other species selected by the Hogle family that are compliant with the City's ordinance, and that the trees be 4-5' in height at planting. The Planning Commission has required more extensive screening from views from public roadways for the solar projects approved previously, and has recommended that the screening include a mix of native deciduous and conifers trees and shrubs that are a minimum of 6 feet in height at planting. The Commission should review the site and its visibility from Lofton Avenue, and recommend screening that will be required for this project. The Planner has provided a condition similar to those used on other solar projects in Scandia as a starting point: "The applicant shall provide a landscape plan for City gpproval to screen the site from view from Lofton Avenue North. The plan shall utilize coniferous trees and deciduous trees and shrubs to provide 95% or more screening of the site from views from Lofton Avenue. The plan shall use species native to Minnesota, and plant materials shall be at least six feet in height at the time of planting. The City shall approve the landscape plan before issuing the building permit for the project." Screening from adjacent properties. The ordinance requires that the solar farm be screened from view from nearby parcels, and to prevent glare impacts to adjacent properties. The closest buildings to the north, south, and east of the proposed solar garden are at least 2900 feet from the site, and separated from the site by existing vegetated areas. The closest home to the west is approximately 1,000 feet from the site, and is located to the west of Lofton Avenue. The distances between the project area and existing homes and orientation of panels to the south will prevent glare impacts to adjacent properties. The Planning Commission should review the potential views at its site visit, and determine if any screening is needed to protect the views from adjacent parcels. Hogle Community Solar Garden CUP Page 7 November 1, 2016 Scandia Planning Commission Wastewater Treatment No wastewater treatment is needed for the proposed solar farm. Land Alteration, Grading, and Stormwater Management The Planner sent a copy of the application to the Comfort Lake Forest Lake Watershed District and to the City Engineer for review. The application notes that no grading will be required to construct the solar garden. The Watershed District provided the following comment: "Based on the small size of the project, it would not trigger District Stormwater Rules. The project may trigger the District Erosion Control rules if the project involves grading, filling or land alteration activity that involves movement of more than 200 CY of earth or erodible material. If they are moving less than 200 CY of material a District permit would not be required for this scale of project, however, we would still recommend that they implement appropriate erosion control practices." The City Engineer provided the following comments related to grading and stormwater management: 1. The proposed project will disturb fifty (50) cubic yards or more and/or disturb 1,000 square feet or more along with minor tree clearing. This will require a Grading/Land Alteration Permit Application. The following items should be added to the construction plans: a. Grading plan submitted for scope of work is found acceptable. b. An erosion and sediment control plan shall be prepared for construction activities along with a restoration plan. c. Soil piles from the excavation for the proposed work shall be handled with care. Material should be hauled off-site immediately or stored in a manner that has perimeter protection. 2. Connection point to existing electric transmission lines shall be identified on the plans so area of work can be reviewed. 3. All site work shall be in compliance with the rules of the Watershed District and Washington Conservation District. The Planner included proposed conditions for the CUP to address the Engineer and Watershed District comments. Shoreland and Wetland The project site is not within a Shoreland District. The site layout plan shows wetlands to the north of the proposed solar project, and indicates that the site is more than 75' from the wetland boundary. However, the applicant did not complete a wetland delineation for the site, and has estimated the wetland boundary location on the layout. The applicant indicated that the project would complete a delineation if required. The Planner sent the layout and application to the Washington Conservation District, to request that they determine the likely wetland boundary, and advise the City about whether the applicant's identified boundary Hogle Community Solar Garden CUP Page 8 November 1, 2016 Scandia Planning Commission is reasonably accurate, or if a wetland delineation should be completed. Jay Riggs, District Manager, reviewed the wetlands at Twin Pines Farm and stated that "The boundary of the northern wetland is very close to what the applicant showed on the Site Layout. I would consider the applicant's boundary of the northern wetland to be pretty accurate." The Site Layout indicates that the closest structures are about 100 feet from the estimated wetland boundary. Staff recommend that a wetland delineation is not necessary, but that the applicant shall stake the estimated wetland boundary and location of the proposed fence and structures in the field, so that the building inspector can verify that the structures meet the required wetland setback. Signage The Solar Systems ordinance requires that the applicants place a clearly -visible warning sign concerning voltage at the base of all pad -mounted transformers and substations. Mechanical equipment shall be completely enclosed by a minimum 8 -foot high fence with a self-locking gate. The Planner has included a condition that the site shall comply with ordinance requirements for warning signage and equipment safety. Fencing The site plan shows a proposed fence around the solar array. The application states that the proposed fence is a 6'chain link safety fence. The Solar Ordinance includes a performance standard that any fences installed for the project incorporate wildlife -friendly design. The site is relatively small, and the fence is unlikely to impact wildlife movements through the area given the location of the project next to existing buildings. The Planning Commission should discuss whether the proposed fence is acceptable, or whether conditions are required for the fence. Environmental Issues The generation of solar energy on the site will not use water, and will not produce noise or emissions. The applicants will need to comply with Watershed District and City regulations related to stormwater management and erosion and sediment control, and comply with ordinance requirements and conditions to prevent glare. Existing data sources indicate that there are no rare species or conservation areas located within the project area or within one-half mile. Based on the information and plans provided and proposed conditions for approval, the proposed construction and operation is not expected to have environmental impacts on the site or surrounding area. Interconnection Agreement and Liability Insurance The Solar Systems Ordinance requires the applicant to complete an interconnection agreement with a local utility and provide a copy of the agreement to the City before approval of electrical building or other required permits, and that the system operator shall provide a visible external disconnect if required by the utility. The application included a copy of a similar Interconnection Agreement with Xcel Energy and a copy of the applicant's Certificate of Liability Insurance. Hogle Community Solar Garden CUP Page 9 November 1, 2016 Scandia Planning Commission The ordinance also requires the applicant to maintain a current general liability policy covering bodily injury and property damage with limits of at least $1 million per occurrence and $1 million in the aggregate, and provide proof that it meets the insurance requirement to the City. The Planner has included conditions for approval of the CUP that require the applicant to complete the interconnection agreement with the local utility and submit a copy of the agreement to the City before permits will be issued, and that the applicant maintain liability insurance that meets the ordinance requirement. Decommissioning Plan The ordinance requires the applicant to submit a decommissioning plan to ensure that the facilities are properly removed after their useful life. The applicant has submitted a decommissioning and site restoration plan that includes removal of all structures and electrical components and site replanting. The plan proposes that materials from the site will be salvaged and that the costs of decommissioning will largely be covered by the sale of salvaged material. The City may require an escrow or letter of credit from the owner or operator to ensure decommissioning. The City Attorney and City Administrator have recommended that the City require an escrow or letter of credit equal to 125% of the cost the decommissioning plan. The Planner has included a condition that the applicant shall complete a Developer Agreement with the City. The Agreement shall include a financial guarantee acceptable to the City to assure compliance with the Decommissioning Plan. FINDINGS FOR THE CONDITIONAL USE PERMIT Based on the application and analysis completed by City and agency staff, the Planner's findings related to the criteria for approving a Conditional Use Permit a Community Solar Garden at Twin Pines Farm include the following: 1. The conditional use will be in compliance with and shall not have a negative effect upon the Comprehensive Plan, including public facilities and capital improvement plans. The proposed use is within the Agriculture Core (AG C) District. The Comprehensive Plan supports long-term agriculture uses and other uses that are related to agriculture in the AG C District, and encourages the use of renewable, local and diverse forms of energy to help to meet Minnesota's climate protection goals. The City's Solar Ordinance permits the proposed use in the AG C District based on the goals in the Comprehensive Plan. The proposed use is consistent with the goals and strategies in the Comprehensive Plan. It will not require new or expanded public facilities or have an impact on public facilities or the City's capital improvement plans. 2. The establishment, maintenance, or operation of the conditional use will promote and enhance the general public welfare and will not be detrimental to or endanger the public health, safety, morals, and comfort. Hogle Community Solar Garden CUP Page 10 November 1, 2016 Scandia Planning Commission The project helps Scandia to address the renewable energy goals adopted in its Comprehensive Plan, and Scandia residents and others may benefit from the community solar garden by becoming subscribers. Based on the conditions required for approval and operation of the Community Solar Garden, the proposed use will not negatively impact the health, safety, morals or general welfare of the occupants of surrounding properties. The proposed use will not produce emissions or pollutants. The applicant must meet City and watershed requirements for stormwater management and erosion and sediment control, and as a result will not impact ground or surface waters. The use will create minimal traffic and will use an existing driveway access to the property. The use will not create noise impacts on surrounding areas. The conditions for approval of the CUP include requirements to add screening to screen the solar farm from views from Lofton Avenue. 3. The conditional use will not be injurious to the use and enjoyment of other properties in the immediate vicinity for the purposes already permitted, or substantially diminish and impair property values or scenic views. The site proposed for the solar garden will be visible from Lofton Avenue, and approval of the CUP requires screening to protect that view. The project will not be visible from adjacent properties or TH97. It will not create noise or other negative impacts on adjacent properties. With the required conditions of approval, the proposed use will not impact the enjoyment or use of nearby properties, or have a negative impact on adjacent property values or scenic views. 4. The establishment of the conditional use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district. The community solar garden will not affect the development of adjacent properties for the uses that are permitted in the AG C District. S. Adequate public facilities and services are available or can reasonably be provided to accommodate the use which is proposed. Lofton Avenue can accommodate the traffic that will be generated by the community solar garden. Adequate public facilities and services are available to accommodate the proposed use. 6. The conditional use shall conform to the applicable regulations of the district in which it is located and all other applicable standards of this Chapter. The proposed use is allowed with a conditional use permit in the AG C District. With the required conditions, the project will conform to the dimensional standards and other regulations of the AG C District and Development Code. 7. The conditional use complies with the general and specific performance standards as specified by this Section and this Chapter. With the required conditions, the community solar garden would meet the general and specific standards for this use and the specific performance standards for Solar Farms and Gardens. Hogle Community Solar Garden CUP Page 11 November 1, 2016 Scandia Planning Commission The findings support granting the Conditional Use Permit. ACTION REQUESTED: The Planning Commission should listen to comments at the Public Hearing on November 1, and can recommend the following: 1. Approve the request. 2. Approve the request with conditions. 3. Deny the request with findings. 4. Table the request. PLANNING STAFF RECOMMENDATIONS: The Planner recommends approval of a Conditional Use Permit for a Community Solar Garden on the property at 21509 Lofton Avenue North. The Planner recommends the following conditions for the CUP: The project shall be in substantial compliance with the plans submitted to the City on October 14, 2016, and shall submit updated plans to the City to address the items identified for review and approval by the Engineer in these conditions before a building permit shall be approved for the project. 2. The Solar Farm shall be in compliance with all applicable local, state and federal regulatory standards, including the current Uniform Building Code, the National Electric Code, the State Plumbing Code and the Minnesota Energy Code. 3. The solar farm shall be designed, located, and/or screened to prevent reflective glare toward any inhabited buildings on adjacent properties and adjacent street rights of way. 4. The applicant shall obtain a Conditional Use Permit for the utility pole if the pole's height above- ground exceeds 35 feet. 5. The site owner shall use a native seed mix for the site that shall come from a local seed source, seed tags shall state that the mix is noxious weed free and Pure Live Seed Certified, and the mix shall be one of the seed mixes recommended by the Department of Natural Resources "Prairie Establishment & Maintenance Technical Guidance for Solar Projects." 6. The applicant shall address the City Engineer's comments included in his letter dated October 20, 2016, including: The applicant shall obtain a Grading/Land Alteration Permit and shall include a grading and erosion and sediment control plan in the application • Soil piles from the excavation for the proposed work shall be handled with care. Material should be hauled off-site immediately or stored in a manner that has perimeter protection. • The applicant shall identify the connection point to existing electric transmission lines on the plans so the area of work can be reviewed by the City Engineer. Hogle Community Solar Garden CUP Page 12 November 1, 2016 Scandia Planning Commission • All site work shall be in compliance with the rules of the Watershed District and Washington Conservation District. 7. All new lighting and signage at the site shall meet the Development Code lighting requirements. 8. The applicant shall obtain any required Watershed District permit(s). 9. The applicant shall stake the estimated wetland boundary and location of the proposed fence and structures in the field, so that the building inspector can verify that the structures meet the required wetland setback. 10. The applicant shall provide a landscape plan for City approval to screen the site from view from Lofton Avenue North. The plan shall utilize coniferous trees and deciduous trees and shrubs to provide 95% or more screening of the site from views from Lofton Avenue. The plan shall use species native to Minnesota, and plant materials shall be at least six feet in height at the time of planting. The City shall approve the landscape plan before issuing the building permit for the project. 11. The applicant shall complete an interconnection agreement with the local utility and submit a copy of the agreements to the City before it issues building and other permits. 12. The applicant shall submit proof to the City that it has obtained and maintains general liability insurance that meets the ordinance requirement. 13. The applicant shall provide the warning signs at the site that are required by the City's Solar Systems Ordinance. Design, locations and specifications of signs shall conform to the Development Code. 14. The applicant shall complete a Developer Agreement with the City. The Agreement shall include a financial guarantee acceptable to the City to assure compliance with the Decommissioning Plan. 15. Any expansion of the Solar Farm shall require an amended conditional use permit. 16. The applicant shall pay all fees and escrows associated with this application. t EVS, INC. 10025 Valley View Road, Suite 140 Eden Prairie, Minnesota 55344 Phone: 952-646-0236 Fax: 952-646-0290 www.evs-eng.com 0 60 120 CLIENT SCALE IN FEET SCALE 1" = 60' N ova Energy Solutions 0 NOTES: 1. THIS DRAWING IS FOR ILLUSTRATIVE PURPOSES ONLY! SCALE PV SYSTEM: AZIMUTH: 180° TILT ANGLE: 30° NORTH PITCH (ROW -TO -ROW SPACING):30' 0 60 120 PV MODULES: REC PEAK ENERGY, REC310PE72, 310W, 72 SCALE IN FEET CELL, POLY MODULES PER STRING: 18 RACK CONFIGURATION: PROJECT RBI GROUND MOUNT: GM -2 TWIN PINE FARM EACH RACK CONSISTS OF [2] ROWS OF [18] MODULES IN PORTRAIT INVERTER INFORMATION: LOCATION TWO FRONIUS SYMO 20KW INVERTERS 21509 LOFTON AVE N, STRINGS PER INVERTER: 5 CITY OF SCANDIA, MN DC/AC RATIO: 1.39 SHEET PV SITE LAYOUT LEGEND: PROPERTY LINE PROFESSIONAL CERTIFICATION Q� �5 GQ DRAWN BY CHECKED BY S RAVI S DAS Ilk DATE PROJECT # 09.26.16 2016-109.1 SYSTEM SIZE ��� \A1 4 )1 ���������r\��������i40 KW AC / 55m8 KW DC E-1 01-01 SUBMITTAL SOLAR MODULE (180) PRELIMINARY SITE SETBACKS PERIMETER FENCE # DATE REVISION EXISTING OVERHEAD LINES REV1 09.28.2016 REVISED LAYOUT EXISTING UTILITY POLE WETLAND WETLAND BUFFER EXISTING ROAD PROPOSED ROAD PROFESSIONAL CERTIFICATION Q� �5 GQ DRAWN BY CHECKED BY S RAVI S DAS Ilk DATE PROJECT # 09.26.16 2016-109.1 SYSTEM SIZE ��� \A1 4 )1 ���������r\��������i40 KW AC / 55m8 KW DC E-1 01-01 Novel Energy -Selut-wns Novel Energy Solutions 16282 nd Ave SE Rochester, MN 55904 Duane Hebert 507-961-3550 www.NovelEnergySolutions.com Twin Pine Farm — 40kW kilowatt Community Solar Garden Introduction Novel Energy Solutions (NES) works to make affordable clean energy available to farms, companies, non- profit organizations, and individuals alike. We understand that changing government policies and rapid technological developments can make even a small clean energy project appear overwhelming. Our experienced team helps communities make sense of available clean energy technologies, utility incentives, government programs, and financing options. We will assist in devising and implementing a clean energy plan that will both reduce your community's carbon footprint and keep electric utility dollars local. This proposed site is constructed to produce forty kilowatts (40kW) of electric generation. The electrical energy will be sent directly to the Xcel electric grid, and subscribers to the solar garden will be the end beneficiaries of the electric production. The impact to the area will be low. Construction and setup are not invasive Solar panels and systems have been used in the United States for over forty years and have gained in popularity as the cost of solar energy becomes competitive with traditional fossil fuels, and because of the environmental benefits. Solar systems are more widely found on the east and west coasts of the United States due to higher electric costs than Minnesota and the Midwest. Solar systems have been found to be good neighbor land use due to their passive nature, no negative impact on neighbor property values, and benefits to the environment and local economy. Project Description The parcel is owned by the Donald & Marilyn Hogle Trust, c/o Gary Hogle PID#17-032-20-14-0002 — Sec 17 Twp 32 Range 20 — address: 21509 Lofton Ave N. Legal Description: S1/2 NEI/4 EXCEPT PT LYING SWLY CSAH #1 SUBJ TO EASE 74 acres of agriculture, vacant and wetland — —1 acre for the project site Site Access: Existing access to Twin Pine Farm business off Lofton Ave. Ownership: A third -party investor will own the system and lease the land from the Hogle Family Novel Energy -Selut-wns Equipment Novel Energy Solutions 1628 2nd Ave SE Rochester, MN 55904 Duane Hebert 507-961-3550 www.NovelEnergySolutions.com Tier -1 multi -crystalline, 310-330 watt solar panels will be used. Support posts will be cemented or pounded into the ground to prevent frost heaves and provide racking and panel support to engineered snow and wind load. Energy produced by the panels will be sent to inverters and a transformer, then sent to Xcel Energy's electric grid. All equipment will be UL listed, and meet all state and federal electric energy rules and regulations. Interconnection to the Xcel Energy grid and equipment needed will not be determined until a site visit by Xcel Energy representatives later in the process, however, one standard Xcel Energy utility pole with a transformer and/or meter is anticipated. Site Appearance & Impact —1 acre of the parcel will consist of a 40kW Solar PV garden with 96 solar panels. The installation will include two rows of solar panels with rows separated by 19 feet, and meets all setback, height and other requirements of the Agriculture Zoning District of the City of Scandia Development Code. The attached layout provides the proposed layout location which is subject to engineering approval. The final layout will continue to meet all City of Scandia requirements and performance standards. The location of a 6' chain link safety fence is identified on the site plan. Following construction of the arrays and any other project requirements, vegetation is established to ensure soil stabilization, improve storm water quality, and for site beautification. Low Maintenance Turf MNDOT 260 or similar seed mix is utilized. Native grasses or specific pollinator plantings will be considered upon request of the property owner as long as solar production and maintenance is not compromised. Views from Lofton Ave. will be mitigated through tree plantings. An attachment in the application packet shows the potential views from the road. Open spaces where views may occur will be mitigated by plantings of Norway Spruce (picea abries) or Mugo Pine (pinus mugo pumelo), or other species as selected by the Hogle Family. Trees will be planted at the location that best mitigates the view, and trees will be 3'— 5' in height when planted. Construction Construction activities will begin in 2016 or spring 2017 depending on timing of Xcel Energy engineering of the interconnection. No grading and excavation will be needed at the site. Posts lengths will accommodate the minimal sloping on the site. All necessary equipment and supplies will be delivered within a 2-3 day period at the start of construction, and another 1-2 days at the end of construction. Construction is expected to take 1 week. Deliveries will come from Scandia Trail, to Lofton Ave N, to the existing site access. A temporary delivery direction sign may be installed at the start of construction 2 Novel Energy -Selut-wns Novel Energy Solutions 1628 2nd Ave SE Rochester, MN 55904 Duane Hebert 507-961-3550 www.NovelEnergySolutions.com upon approval from the road authority. Temporary parking and staging will be off-road. Disposal of waste material will comply with all local, state and federal regulations and best practices. Hydrological Features There are no identified wetlands per the MN DNR Public Waters Inventory or National Wetland Inventory Maps at the solar development area. Erosion control blankets, silt fencing and other best practices will be utilized throughout construction at the appropriate locations. The level topography as shown on the topo map limits the need for extensive silt fencing. Ground cover planted under the array will provide greater stormwater control than traditional row crops providing improved soil retention and greater water infiltration. Geology and Soils Soils are ideal for this type of development, and there are no biological or cultural issues identified at the project location. Potential to Effect the Environment and Public Health This project is focused on bringing additional green energy to people in Minnesota unable to access solar on their property, and reduce Xcel's and state's carbon emissions. The proposed solar array is passive with only small fans in the inverters to prevent overheating, and are designed to capture the sun's rays, not reflect them. Solar panels have an equivalent glare factor as a body of water. The many - decade history of solar panel use has not identified public health or environmental issues. The addition of year-round ground cover will provide improved storm water control over traditional row cropping Decommissioning, Restoration Plan and Insurance Within one hundred eighty (180) days of the end of the project useful life, decommissioning will include the removal of all of the solar arrays, cables, electrical components, accessory structures, fencing, roads and other ancillary facilities owned by the solar garden. Since this project includes the establishment of vegetation on site, the soil will be excellent for agricultural utilization upon decommissioning. Established vegetation can be maintained, or tilled and re -planted to other vegetation upon the landowner's request. At year 26, there is almost equal salvage value in the panels and equipment than the costs associated with removing the system. NES will create an internal account for the difference between the expected decommissioning cost and salvage value which will be reviewed every five (5) years and amount adjusted accordingly, unless the City requires some other form of financial assurance. Detailed decommissioning includes: • All cables and conduit will be removed • PV modules will be removed from racking sold or transported to a recycling facility • Racking equipment will be dismantled and removed, and either re -used or sold for scrap 3 Novel Energy -Selut-wns Novel Energy Solutions 16282 nd Ave SE Rochester, MN 55904 Duane Hebert 507-961-3550 www.NovelEnergySolutions.com • Inverters, transformers, switchgear, etc. will be re -sold or scrapped per industry best practices and regulations • Concrete foundations, if utilized will be broken down to 3' below grade. • The security fence will be removed • The site will be returned to its current state The Xcel Energy tariffs governing this program and all interconnection as approved by the MN Public Utilities Commission includes interconnection and insurance requirements. Sections 9 & 10 of Xcel Energy's tariff for the Solar*Rewards Community, and Interconnection respectively spell out the requirements. Insurance coverage includes a $2 million per occurrence policy, and interconnection to the Xcel Energy grid cannot occur until all safety and security items have been engineered, reviewed and approved. State and National electrical codes must be met, inspected and approved prior to interconnection. The standard Xcel Energy interconnection agreement per the MN Public Utilities Commission adopted tariff is included in the application packet. The interconnection agreement from Xcel Energy, including estimated interconnection costs is anticipated mid-October. The application can only be denied by Xcel Energy if the interconnection violates any electrical standards identified in the Section 10 tariff, which is not expected due to the small size of the project. Conclusion We are excited to complete this project in a strong partnership with the Hogle Family and the City of Scandia. Novel Energy Solutions is committed to following best practices and all state, federal and local rules and regulations to develop a community solar garden providing the many benefits to the local community. 4 985 980 975 970 965 960 955 950 945 940 935 930 925 O SECTION A -A a0 SCALE: O VERT. 1" = 6' O HORZ. 1" = 60' CD 965 EXISTING POWER POLE N 955 Il- 950 O U) 945 In 940 N 935 a0 930 925 925 EXISTING BUILDING (APPROXIMATE HEIGHT) . CO N N m M O N N(0 PV MODULE LO Oco 't C7) co N N CD Nt O co LO co It U-) 49 00 O M O O N 0 N O r M CA m co N '6 N EXISTING GROUND / / A PROPOSED ROAD co L6co M — O ItN N cM M N N m ti Mco M COM SECTION A -A a0 SCALE: O VERT. 1" = 6' O HORZ. 1" = 60' CD 965 N N 955 Il- 950 O U) 945 In 940 N 935 a0 930 925 925 C) . CO N N m M O N N(0 LO Oco 't C7) co N N CD Nt O co LO co It U-) N O M O O N 0 N O r M CA m co N '6 N 00 M co L6co M CO O ItN N cM M N N m ti Mco M COM N d7 N 6 N 6> co co O co O m O ( C1) d7 0) co 67 O O O O O O O O O O 0 O O O 0+00 1+00 2+00 3+00 4+00 5+00 6+00 N M M co O SCALE: 975 VERT. 1" = 6' HORZ. 1" = 60' 970 965 960 960 955 955 950 950 945 945 940 940 935 935 930 930 925 925 920 In N M M co O SECTION B -B PV MODULE AII 1111111 jili EXISTING GROUND / PROPOSED GRADE 000 t- d m M M In co N m rco SECTION B -B 6+90 0+00 1+00 2+00 3+00 4+00 960 955 950 945 940 935 930 925 920 O CO O d' d7 5+00 0 60 120 SCALE IN FEET SCALE 1" = 60' NOTES: 1. THIS DRAWING IS FOR ILLUSTRATIVE PURPOSES ONLY! PV SYSTEM: AZIMUTH: 180° TILT ANGLE: 30° PITCH (ROW -TO -ROW SPACING):30' PV MODULES: REC PEAK ENERGY, REC310PE72, 310W, 72 CELL, POLY MODULES PER STRING: 18 RACK CONFIGURATION: RBI GROUND MOUNT: GM -2 EACH RACK CONSISTS OF [2] ROWS OF [18] MODULES IN PORTRAIT INVERTER INFORMATION: TWO FRONIUS SYMO 20KW INVERTERS STRINGS PER INVERTER: 5 DC/AC RATIO: 1.39 LEGEND: PROPERTY LINE D SOLAR MODULE (180) SITE SETBACKS x PERIMETER FENCE OHP EXISTING OVERHEAD LINES EXISTING UTILITY POLE WETLAND WETLAND BUFFER EXISTING ROAD PROPOSED ROAD SYSTEM SIZE 40 KW AC / 55.8 KW DC EVS, INC. 10025 Valley View Road, Suite 140 Eden Prairie, Minnesota 55344 Phone: 952-646-0236 Fax: 952-646-0290 www.evs-eng.com CLIENT Novel Energy Solutions SCALE NORTH 0 60 120 SCALE IN FEET PROJECT TWIN PINE FARM LOCATION 21509 LOFTON AVE N, CITY OF SCANDIA, MN SHEET CROSS SECTIONS SUBMITTAL PRELIMINARY # DATE REVISION PROFESSIONAL CERTIFICATION DRAWN BY CHECKED BY C TA S DAS DATE PROJECT # 09.26.16 2016-109.1 SHEET NUMBER E-1 01=02 000 d7 000 t- d m M M In co N m rco O Oco � N M d CD co co ��co co It O O O O O 6� 0 O O O O CA m O 6+90 0+00 1+00 2+00 3+00 4+00 960 955 950 945 940 935 930 925 920 O CO O d' d7 5+00 0 60 120 SCALE IN FEET SCALE 1" = 60' NOTES: 1. THIS DRAWING IS FOR ILLUSTRATIVE PURPOSES ONLY! PV SYSTEM: AZIMUTH: 180° TILT ANGLE: 30° PITCH (ROW -TO -ROW SPACING):30' PV MODULES: REC PEAK ENERGY, REC310PE72, 310W, 72 CELL, POLY MODULES PER STRING: 18 RACK CONFIGURATION: RBI GROUND MOUNT: GM -2 EACH RACK CONSISTS OF [2] ROWS OF [18] MODULES IN PORTRAIT INVERTER INFORMATION: TWO FRONIUS SYMO 20KW INVERTERS STRINGS PER INVERTER: 5 DC/AC RATIO: 1.39 LEGEND: PROPERTY LINE D SOLAR MODULE (180) SITE SETBACKS x PERIMETER FENCE OHP EXISTING OVERHEAD LINES EXISTING UTILITY POLE WETLAND WETLAND BUFFER EXISTING ROAD PROPOSED ROAD SYSTEM SIZE 40 KW AC / 55.8 KW DC EVS, INC. 10025 Valley View Road, Suite 140 Eden Prairie, Minnesota 55344 Phone: 952-646-0236 Fax: 952-646-0290 www.evs-eng.com CLIENT Novel Energy Solutions SCALE NORTH 0 60 120 SCALE IN FEET PROJECT TWIN PINE FARM LOCATION 21509 LOFTON AVE N, CITY OF SCANDIA, MN SHEET CROSS SECTIONS SUBMITTAL PRELIMINARY # DATE REVISION PROFESSIONAL CERTIFICATION DRAWN BY CHECKED BY C TA S DAS DATE PROJECT # 09.26.16 2016-109.1 SHEET NUMBER E-1 01=02 0 /\ ' \ » \ . am m OBOLTON & MENK Real People. Real Solutions. October 20, 2016 Neil Soltis City Administrator 14727 209th Street N Scandia, MN 55073 RE: 21509 Lofton Ave N Conditional Use Permit for Solar Garden Dear Mr. Soltis: 2035 County Road D East Maplewood, MN 55109-5314 Ph: [6511704-9970 Fax: 1651)704-9971 Bolton-Menk.com We have completed our review of the application and site plans requesting a Conditional Use Permit for the proposed Solar Garden located 21509 Lofton Ave N and have prepared the following comments. 1. Proposed project will disturb fifty (50) cubic yards or more and/or disturbance of 1,000 square feet or more along with minor tree clearing. This will require a Grading/Land Alteration Permit Application. The following items should be added to the construction plans: a. Grading plan submitted for scope of work is found acceptable. b. Erosion and sediment control plan shall be prepared for construction activities along with restoration plans. c. Soil piles from the excavation for the proposed work shall be handled with care. Material should be hauled off site immediately or stored in a manner that has perimeter protection. 2. The proposed access road is less than 20 feet in width. With the size of this project, our concerns are minimum but the access route should be reviewed and approved by the Fire Chief. 3. Connection point to existing electric transmission lines shall be identified on the plans so area of work can be reviewed. 4. All site work shall be in compliance of the Watershed District and Washington Conservation District. Please do not hesitate to contact me at 612-597-7140 with any questions or comments you may have regarding this memo. Siincerely, &' J.�® Ryan J. Goodman, P.E. City Engineer H:\SCND\NI5107353 - Property Reviews\024 - Hogle Farm Solar Garden\Neil Soltis_RJG^21509 Lofton Ave N Conditional Use Permit for Solar Garden.docx Bolton & Menk is an equal opportunity employer.