7.b3 Resolution 11-15-16-02 Hogle Solar GardenCUP 11 15 16CITY OF SCANDIA, MINNESOTA
RESOLUTION NO. 11-15-16-02
APPROVING A CONDITIONAL USE PERMIT FOR A COMMUNITY SOLAR
GARDEN LOCATED AT 21509 LOFTON AVENUE NORTH;
WHEREAS, Novel Energy Solutions has made an application for a Conditional Use
Permit for a Community Solar Garden to be built on a parcel at 21509 Lofton Avenue North, and
owned by the Donald and Marilyn Hogle Trust; and
WHEREAS, the property is legally described as follows:
S1/2-NEI/4 EXCEPT PT LYING SWLY CSAH #1 SUBJECT TO EASE SECTION 17
TOWNSHIP 032 RANGE 020; and
WHEREAS, the Planning Commission reviewed the request for a Conditional Use
Permit at a duly noticed Public Hearing on November 1, 2016, and recommended approval of the
request with conditions; and
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL
OF THE CITY OF SCANDIA, WASHINGTON COUNTY, MINNESOTA, that it should
and hereby does recommend approval of a Conditional Use Permit to develop a Community
Solar Garden at 21509 Lofton Avenue North, based on the following findings:
The proposed 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 in in 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 Ordnance permits
the proposed use in the AG C District based on the goals in the Comprehensive Plan.
The project will not require new or expanded public facilities or impact the City's capital
improvement plans.
2. 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. The project
will help 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 surrounding properties. The proposed use will
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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 maintain existing vegetation and add screening to screen the solar farm
from views from Lofton Avenue.
3. With the required conditions of approval, the proposed 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 without additional
screening, 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.
4. The establishment of the conditional use will not impede the normal and orderly
development and improvement of surrounding property for sues permitted in the district.
5. Adequate public facilities and services are available to accommodate the use which is
proposed.
6. The proposed use meets the requirements of the Development Code and the specific
standards for the AG C District.
7. The proposed use complies with the general and specific performance standards of the
Development Code that apply to Community Solar Gardens.
FURTHER BE IT RESOLVED, that the following conditions of approval shall be met:
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 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
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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 if the area of
disturbance meets the minimum requirement for a permit.
• Any 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.
• 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 plantings shall be located near the solar garden,
and the plan shall utilize species included in the recommended list for Screening and
Landscaping in the Development Code. The plan shall provide 50% or more screening of
the project site from views from Lofton Avenue within two years of planting. Plant
materials shall be a minimum 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 fencing for the project shall be a wildlife -friendly fence that meets the ordinance
requirement.
12. 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.
13. The applicant shall submit proof to the City that it has obtained and maintains general
liability insurance that meets the ordinance requirement.
14. 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.
15. 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.
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16. Any expansion of the Solar Farm shall require an amended conditional use permit.
17. The applicant shall pay all fees and escrows associated with this application.
Adopted by the Scandia City Council this 15th day of November, 2016.
Randall Simonson, Mayor
ATTEST:
Neil Soltis, Administrator/Clerk