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06.e Lubke CUP Distribution Solar Extension - CC Packet 1 | P a g e Date of Meeting: October 21, 2025 To: Honorable Mayor and Members of the City Council From: T.J. Hofer, Consultant City Planner Re: Extension for Multiple Conditional Use Permits for Distribution SES at 10929 Scandia Trail North Applicant: Patrick Dalseth, SV CSG Scandia, LLC Sean O’Connor, Gordian Energy Systems and DIVOCSG N LLC Zoning: AG-C, SM-O, SES-O Owner: Michael Lubke & Molly Minogue Future Land Use: Agricultural Core Location: PID: 1903220130001 10929 Scandia Trail North, Scandia, MN 55073 Review Deadline November 10, 2025 The applicants are requesting to extend CUP, which approved two separate distribution solar energy systems at 10929 Scandia Trail North, an addition year, to October 17, 2026. The staff report to the Planning Commission from the October 7, 2025, meeting is attached and includes the background of the request as well as an analysis based on the standards in the Unified Development Code. PLANNING COMMISSION The Planning Commission heard the application at the October 7, 2025 meeting. The Commission asked questions related to the efforts of the applicants. The Planning Commission recommended approving the request with a vote of 4-0 (Rynders absent). COUNCIL ACTION The City Council can do one of the following: 1. Approve, with or without conditions, of the attached resolution. 2. Deny, with findings, of the attached resolution. 2 | P a g e 3. Table the request for further review/study. RECOMMENDATION The Planning Commission recommends the following: Motion to approve Resolution 10-21-25-01 approving an extension of the Conditional Use Permit to allow for a Distribution SES, as approved with Resolution 10-17-23-03. Motion to approve Resolution 10-21-25-02 approving an extension of the Conditional Use Permit to allow for a Distribution SES, as approved with Resolution 10-17-23-05. Attachments A. Resolution 10-21-25-01 Approving an Extension to Resolution 10-17-23-03 B. Resolution 10-21-25-02 Approving an Extension to Resolution 10-17-23-05 C. Planning Commission “Extension for Multiple Conditional Use Permits for Distribution SES at 10929 Scandia Trail North” Packet, October 7, 2025 CITY OF SCANDIA, MINNESOTA RESOLUTION NO. 10-21-25-01 APPROVING AN EXTENSION OF RESOLUTION 10-17-23-03 WHEREAS, on October 17, 2023, the Scandia City Council adopted Resolution 10-17-23-03 for the development of a distribution solar energy system at 10929 Scandia Trail North; and WHEREAS, the property is legally described as follows: The West Half of the Northeast Quarter ( W 1/ 2 of NE 1/ 4) of Section Nineteen 19), Township Thirty- two ( 32), Range Twenty ( 20), Washington County, Minnesota. ; and, WHEREAS, in 2023, Patrick Dalseth, SV CSG Scandia, LLC (the “applicant” or the “operator”), on behalf of Michael Lubke & Molly Minogue (the “owners”), made an application for a Conditional Use Permit to allow for a Distribution Solar Energy System (SES); and WHEREAS, Scandia’s Unified Development Code Section [153.500.060 Subd. 1. (C) V.] provides that the applicant must commence the use or improvement within on year of the date on which a conditional use permit is issued. A request for an extension not exceeding one year may be approved by the Zoning Administrator. A second extension or a time longer than one year shall be presented to the Planning Commission for a recommendation and to the City Council for a decision; and, WHEREAS, the Zoning Administrator granted an extension for the conditional use permit approved with Resolution 10-17-23-03 on October 16, 2024, for one year; and, WHERAS, the applicant made a request on September 11, 2025, to extend Resolution 10-17-23- 03 for an additional year; and, WHEREAS, the City Council has found that the applicant has shown a good faith attempt to complete the project through a number of meetings with city staff, Xcel, and a number of minor site plan amendments. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCANDIA, WASHINGTON COUNTY, MINNESOTA, that the Scandia City Council hereby approves the request to extend the approval given with Resolution 10-17-23-03 for the development of a distribution solar energy system at 10929 Scandia Trail North, subject to the conditions established within said resolution. Whereupon, said Resolution is hereby declared adopted on this 21st day of October 2025. ____________________________ Steve Kronmiller, Mayor ATTEST: ____________________________ Kyle Morell, City Administrator CITY OF SCANDIA, MINNESOTA RESOLUTION NO. 10-21-25-02 APPROVING AN EXTENSION OF RESOLUTION 10-17-23-05 WHEREAS, on October 17, 2023, the Scandia City Council adopted Resolution 10-17-23-05 for the development of a distribution solar energy system at 10929 Scandia Trail North; and WHEREAS, the property is legally described as follows: THE WEST HALF OF THE NORTHEAST QUARTER (W 1/2 OF NE 1/4) OF SECTION NINETEEN (19), TOWNSHIP THIRTY-TWO (32), RANGE TWENTY (20), WASHINGTON COUNTY, MINNESOTA, AND WHICH INCLUDES A STRIP OF LAND FIFTY (50) FEET IN WIDTH RUNNING OVER AND ACROSS THE WEST HALF OF THE NORTHEAST QUARTER (W1/2 OF NE1/4} OF SECTION NINETEEN (19), TOWNSHIP THIRTY-TWO (32) NORTH, RANGE TWENTY (20) WEST; SAID STRIP OF LAND BEING TWENTY-FIVE (25) FEET IN WIDTH ON EACH SIDE OF A CENTER LINE WHICH CROSSES ABOVE DESCRIBED TRACT AND IS DESCRIBED AS FOLLOWS TO-WIT COMMENCING AT A STAKE ON THE EAST LINE OF SAID SECTION, TWENTY (20) FEET SOUTH OF THE NORTHEAST CORNER THEREOF; RUNNING THENCE SOUTHWESTERLY ON A ONE DEGREE CURVE TO THE RIGHT FROM A LINE BEARING SOUTH FORTY- TWO DEGREES AND THIRTEEN MINUTES WEST (S 42? 13? W) AS A TANGENT; A DISTANCE OF ONE HUNDRED FORTY-SIX AND SEVEN- TENTHS (146.7) FEET THENCE SOUTH FORTY-THREE DEGREES AND FORTY-ONE MINUTES WEST (S 43 DEG 41' W) EIGHT THOUSAND ONE HUNDRED SEVENTY-FOUR AND FIVE-TENTHS (8174.5) FEET TO A STAKE ON THE WEST LINE OF SECTION THIRTY (30) IN SAID TOWNSHIP AND RANGE, SIX HUNDRED NINETY AND THREE -TENTHS (690.3) FEET SOUTH OF THE NORTHWEST CORNER THEREOF, WASHINGTON COUNTY, MINNESOTA. ; and, WHEREAS, in 2023, Courtney O’Connor, Gordian Energy Systems and DIVOCSG N LLC, on behalf of Michael Lubke & Molly Minogue (the “owners”), made an application for a Conditional Use Permit to allow for a Distribution Solar Energy System (SES); and WHEREAS, Scandia’s Unified Development Code Section [153.500.060 Subd. 1. (C) V.] provides that the applicant must commence the use or improvement within on year of the date on which a conditional use permit is issued. A request for an extension not exceeding one year may be approved by the Zoning Administrator. A second extension or a time longer than one year shall be presented to the Planning Commission for a recommendation and to the City Council for a decision; and, WHEREAS, the Zoning Administrator granted an extension for the conditional use permit approved with Resolution 10-17-23-05 on October 17, 2024, for one year; and, WHERAS, Sean O’Connor, Gordian Energy Systems and DIVOCSG N LLC (the “applicant” or the “operator”) made a request on September 11, 2025, to extend Resolution 10-17-23-05 for an additional year; and, WHEREAS, the City Council has found that the applicant has shown a good faith attempt to complete the project through a number of meetings with city staff, Xcel, and a number of minor site plan amendments. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCANDIA, WASHINGTON COUNTY, MINNESOTA, that the Scandia City Council hereby approves the request to extend the approval given with Resolution 10-17-23-05 for the development of a distribution solar energy system at 10929 Scandia Trail North, subject to the conditions established within said resolution. Whereupon, said Resolution is hereby declared adopted on this 21st day of October 2025. ____________________________ Steve Kronmiller, Mayor ATTEST: ____________________________ Kyle Morell, City Administrator 1 | P a g e Date of Meeting: October 7, 2025 To: Chair Loeffler and Members of the Planning Commission From: T.J. Hofer, Consultant City Planner Re: Extension for Multiple Conditional Use Permits for Distribution SES at 10929 Scandia Trail North Applicant: Patrick Dalseth, SV CSG Scandia, LLC Sean O’Connor, Gordian Energy Systems and DIVOCSG N LLC Zoning: AG-C, SM-O, SES-O Owner: Michael Lubke & Molly Minogue Future Land Use: Agricultural Core Location: PID: 1903220130001 10929 Scandia Trail North, Scandia, MN 55073 Review Deadline November 10, 2025 The City Council approved conditional use permits (CUP) to allow for multiple Distribution Solar Energy Systems (SES) on the same parcel located at 10929 Scandia Trail North in 2023. The CUP approval expires after one year if the use has not commenced on the site. The applicants requested to extend the CUPs approved with Resolution 10-17-23-03 and Resolution 10-17-23-05 in 2024. Both were approved administratively to be extended for an additional year to October 17, 2025, as both applicants had showed a good faith attempt to complete or utilize the use permitted in the conditional permit by continuing to work through the design elements on the site that were required to be revised. The applicants are requesting to extend the CUP approvals an addition year, to October 17, 2026. An additional extension requires consideration by the Planning Commission and approval by the City Council. Unless the City Council specifically approves a different time when action is officially taken on the request, conditional use permits shall expire without further action by the Planning Commission or the City Council, unless the applicant commences the authorized use within one year of the date of the conditional use permit is issued; or unless before the expiration of the one year period the applicant shall apply for an extension thereof by completing and submitting a request for extension, including the renewal fee as set forth by City ordinance. The request for 2 | P a g e extension shall state facts showing a good faith attempt to complete or utilize the use permitted in the conditional permit. A request for an extension not exceeding one year shall be subject to the review and approval of the Zoning Administrator. Should a second extension of time or any extension of time longer than one year be requested by the applicant, it shall be presented to the Planning Commission for a recommendation and to the City Council for a decision . The applicant has met with city staff and Xcel Energy a number of times and have had minor site plan adjustments throughout the last two years. Staff believe that the past two years of discussion and plan changes show a good faith attempt to complete or utilize the use permitted in the conditional permit. COMMISSION ACTION The Planning Commision can do one of the following: 1. Recommend approval, with or without conditions, of the attached resolution. 2. Recommend denial, with findings, of the attached resolution. RECOMMENDATION Staff recommend the following: Motion to recommend approval of Resolution 10-21-25-XX to approve an extension of the Conditional Use Permit to allow for a Distribution SES, as approved with Resolution 10-17-23-03. Motion to recommend approval of Resolution 10-21-25-YY to approve an extension of the Conditional Use Permit to allow for a Distribution SES, as approved with Resolution 10-17-23-05. Attachments A. Resolution 10-21-25-XX Approving an Extension to Resolution 10-17-23-03 B. Resolution 10-21-25-YY Approving an Extension to Resolution 10-17-23-05 C. Application - Sunvest D. Application - Gordian E. Resolution 10-17-23-03 Sunvest Conditional Use Permit F. Resolution 10-17-23-05 Gordian Conditional Use Permit CITY OF SCANDIA, MINNESOTA RESOLUTION NO. 10-21-25-XX APPROVING AN EXTENSION OF RESOLUTION 10-17-23-03 WHEREAS, on October 17, 2023, the Scandia City Council adopted Resolution 10-17-23-03 for the development of a distribution solar energy system at 10929 Scandia Trail North; and WHEREAS, the property is legally described as follows: The West Half of the Northeast Quarter ( W 1/ 2 of NE 1/ 4) of Section Nineteen 19), Township Thirty- two ( 32), Range Twenty ( 20), Washington County, Minnesota. ; and, WHEREAS, in 2023, Patrick Dalseth, SV CSG Scandia, LLC (the “applicant” or the “operator”), on behalf of Michael Lubke & Molly Minogue (the “owners”), made an application for a Conditional Use Permit to allow for a Distribution Solar Energy System (SES); and WHEREAS, Scandia’s Unified Development Code Section [153.500.060 Subd. 1. (C) V.] provides that the applicant must commence the use or improvement within on year of the date on which a conditional use permit is issued. A request for an extension not exceeding one year may be approved by the Zoning Administrator. A second extension or a time longer than one year shall be presented to the Planning Commission for a recommendation and to the City Council for a decision; and, WHEREAS, the Zoning Administrator granted an extension for the conditional use permit approved with Resolution 10-17-23-03 on October 16, 2024, for one year; and, WHERAS, the applicant made a request on September 11, 2025, to extend Resolution 10-17-23- 03 for an additional year; and, WHEREAS, the City Council has found that the applicant has shown a good faith attempt to complete the project through a number of meetings with city staff, Xcel, and a number of minor site plan amendments. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCANDIA, WASHINGTON COUNTY, MINNESOTA, that the Scandia City Council hereby approves the request to extend the approval given with Resolution 10-17-23-03 for the development of a distribution solar energy system at 10929 Scandia Trail North, subject to the conditions established within said resolution. Whereupon, said Resolution is hereby declared adopted on this 21st day of October 2025. ____________________________ Steve Kronmiller, Mayor ATTEST: ____________________________ Kyle Morell, City Administrator CITY OF SCANDIA, MINNESOTA RESOLUTION NO. 10-21-25-YY APPROVING AN EXTENSION OF RESOLUTION 10-17-23-05 WHEREAS, on October 17, 2023, the Scandia City Council adopted Resolution 10-17-23-05 for the development of a distribution solar energy system at 10929 Scandia Trail North; and WHEREAS, the property is legally described as follows: THE WEST HALF OF THE NORTHEAST QUARTER (W 1/2 OF NE 1/4) OF SECTION NINETEEN (19), TOWNSHIP THIRTY-TWO (32), RANGE TWENTY (20), WASHINGTON COUNTY, MINNESOTA, AND WHICH INCLUDES A STRIP OF LAND FIFTY (50) FEET IN WIDTH RUNNING OVER AND ACROSS THE WEST HALF OF THE NORTHEAST QUARTER (W1/2 OF NE1/4} OF SECTION NINETEEN (19), TOWNSHIP THIRTY-TWO (32) NORTH, RANGE TWENTY (20) WEST; SAID STRIP OF LAND BEING TWENTY-FIVE (25) FEET IN WIDTH ON EACH SIDE OF A CENTER LINE WHICH CROSSES ABOVE DESCRIBED TRACT AND IS DESCRIBED AS FOLLOWS TO-WIT COMMENCING AT A STAKE ON THE EAST LINE OF SAID SECTION, TWENTY (20) FEET SOUTH OF THE NORTHEAST CORNER THEREOF; RUNNING THENCE SOUTHWESTERLY ON A ONE DEGREE CURVE TO THE RIGHT FROM A LINE BEARING SOUTH FORTY- TWO DEGREES AND THIRTEEN MINUTES WEST (S 42? 13? W) AS A TANGENT; A DISTANCE OF ONE HUNDRED FORTY-SIX AND SEVEN- TENTHS (146.7) FEET THENCE SOUTH FORTY-THREE DEGREES AND FORTY-ONE MINUTES WEST (S 43 DEG 41' W) EIGHT THOUSAND ONE HUNDRED SEVENTY-FOUR AND FIVE-TENTHS (8174.5) FEET TO A STAKE ON THE WEST LINE OF SECTION THIRTY (30) IN SAID TOWNSHIP AND RANGE, SIX HUNDRED NINETY AND THREE -TENTHS (690.3) FEET SOUTH OF THE NORTHWEST CORNER THEREOF, WASHINGTON COUNTY, MINNESOTA. ; and, WHEREAS, in 2023, Courtney O’Connor, Gordian Energy Systems and DIVOCSG N LLC, on behalf of Michael Lubke & Molly Minogue (the “owners”), made an application for a Conditional Use Permit to allow for a Distribution Solar Energy System (SES); and WHEREAS, Scandia’s Unified Development Code Section [153.500.060 Subd. 1. (C) V.] provides that the applicant must commence the use or improvement within on year of the date on which a conditional use permit is issued. A request for an extension not exceeding one year may be approved by the Zoning Administrator. A second extension or a time longer than one year shall be presented to the Planning Commission for a recommendation and to the City Council for a decision; and, WHEREAS, the Zoning Administrator granted an extension for the conditional use permit approved with Resolution 10-17-23-05 on October 17, 2024, for one year; and, WHERAS, Sean O’Connor, Gordian Energy Systems and DIVOCSG N LLC (the “applicant” or the “operator”) made a request on September 11, 2025, to extend Resolution 10-17-23-05 for an additional year; and, WHEREAS, the City Council has found that the applicant has shown a good faith attempt to complete the project through a number of meetings with city staff, Xcel, and a number of minor site plan amendments. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCANDIA, WASHINGTON COUNTY, MINNESOTA, that the Scandia City Council hereby approves the request to extend the approval given with Resolution 10-17-23-05 for the development of a distribution solar energy system at 10929 Scandia Trail North, subject to the conditions established within said resolution. Whereupon, said Resolution is hereby declared adopted on this 21st day of October 2025. ____________________________ Steve Kronmiller, Mayor ATTEST: ____________________________ Kyle Morell, City Administrator 09-11-25 File No._____________ APPLICATION FOR PLANNING AND ZONING REQUEST City of Scandia, Minnesota 14727 209th Street North, Scandia, MN 55073 Phone 651/433-2274 Fax 651/433-5112 Web https://www.cityofscandia.com/ Please read before completing: The City will not begin processing an application that is incomplete. Detailed submission requirements may be found in the Scandia Development Code, available at the City office and website www.cityofscandia.com) and in the checklist forms for the particular type of application. Application fees are due at the time of application and are n ot refundable. 1. Property Location: (street address, if applicable) 2. Washington County Parcel ID: 3. Complete Legal Description: (attach if necessary) 4. Owner(s): Phone: (h) (b) Street Address: E-Mail: City/ State: Zip: 5. Applicant/Contact Person: Phone: (h) (b) Street Address (Mailing): E-Mail: City/ State: Zip: 6. Requested Action(s): (check all that apply) ____ Variance ____ Variance Extension ____ Conditional Use Permit (CUP) ____ CUP Extension ____ CUP/ Open Space Subdivision. ____ CUP/ Planned Unit Development ____ Interim Use Permit (IUP) ____ Annual Operators Permit ____ Administrative Permit (type)____________________ ____ Site Plan Review (type)____________________ ____ Site Plan Modification ____ Site Plan Extension ____ Sign (Permanent) ____ Amendment (Development Code ) ____ Amendment (Comp. Plan ) ____ Subdivision, Minor ____ Subdivision, Preliminary Plat/Major ____ Subdivision, Final Plat ____ Environmental Review ____ Wetland Review 1903220130001 THE WEST HALF OF THE NORTHEAST QUARTER ( W 1/ 2 OF NE 1/ 4) OF SECTION NINETEEN ( 19), TOWNSHIP THIRTY- TWO ( 32), RANGE TWENTY ( 20), WASHINGTON COUNTY, MINNESOTA, AND WHICH INCLUDES A STRIP OF LAND FIFTY ( 50) FEET IN WIDTH RUNNING OVER AND ACROSS THE WEST HALF OF THE NORTHEAST QUARTER ( W1/ 2 OF NE1/ 41 OF Michael Lubke & Molly Minogue 55073 10929 Scandia Trail North Scandia, MN Sean O'ConnorGordian Energy Systems and DIVOCSG N LLC 3915 Coolidge Ave Baltimore, MD 21229 X 10929 Scandia Trail North, Scandia, MN 55073 2025-16 7. Brief Description of Request: (attach separate sheet if necessary; include Variance Rationale if necessary) _______________________________________________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________ 8. Project Name: I hereby apply for consideration of the above described request and declare that the information and materials submitted with this application are complete and accurate. I understand that no application shall be considered complete unless accompanied by fees as required by city ordinance. Applications for projects requiring more than one type of review shall include the cumulative total of all application fees specified for each type of review. I understand that applicants are required to reimburse the city for all out-of-pocket costs incurred for processing, reviewing and hearing the application. These costs shall include, but are not limited to: parcel searches; publication and mailing of notices; review by the city’s engineering, planning and other consultants; legal costs, and recording fees. An escrow deposit to cover these costs will be collected by the city at the time of application. The minimum escrow deposit shall be cumulative total of all minimum escrow deposits for each type of review required for the project, unless reduced as provided for by ordinance. The city may increase the amount of the required escrow deposit at any time if the city’s costs are reasonably expected to exceed the minimum amount. Any balance remaining after review is complete will be refunded to the applicant. No interest is paid on escrow deposits. PLEASE NOTE: If the fee owner is not the applicant, the applicant must provide written authorization by the fee owner in order for this application to be considered complete. Property Fee Owner Signature(s) Date: Applicant Signature(s) Date: For City Use Only Application Fees: _______________________ Escrow Deposit: _______________________ DIVOCSG N LLC 9/11/25 Requesting a 1-year extension of the CUP. Over the past year, we’ve worked with the utility and city to verify utility pole placements that meet the CUP requirements from the City of Scandia, coordinated with our financing partners on system acquisition, and engaged our engineering firms to submit for the necessary watershed and building permits. We’re also working with vendors on equipment procurement in preparation for mobilization.Pending approval from the utility, we are targeting PTO by December 31st, 2026. $450.00 $100.00 PAID $550 9/11/2025 09-11-25 CITY OF SCANDIA, MINNESOTA RESOLUTION NO. 10-17-23-03 APPROVING CONDITIONAL USE PERMIT FOR A DISTRIBUTION SCALE SOLAR ENERGY SYSTEM LOCATED ON 19.032.20.13.0001 LOCATED AT 10929 SCANDIA TRAIL NORTH WHEREAS, Patrick Dalseth, SV CSG Scandia, LLC (the "applicant" or the operator"), on behalf of Michael Lubke & Molly Minogue (the "owners"), made an application for a Conditional Use Permit to allow for a Distribution Solar Energy System (SES) to be located at PID 19.032.20.13.0001 located at 10929 Scandia Trail North: The West Half of the Northeast Quarter (W 1/2 of NE 1/4) of Section Nineteen 19), Township Thirty-two(32), Range Twenty (20), Washington County, Minnesota. WHEREAS, the Planning Commission reviewed the request for the Conditional Use Permit (CUP) at a duly noticed Public Hearing on October 3, 2023, and recommended that the City Council approve the CUP, with conditions; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCANDIA, WASHINGTON COUNTY, MINNESOTA, that it approves of a Conditional Use Permit to allow for a Distribution SES, located at 10929 Scandia Trail North, based on the following findings: 1. Objectives of the Comprehensive Plan include promoting the use of renewable energy systems on housing and in areas where such systems can be safely operated and produce a minimum level of visual impact. The Distribution SES is allowed through a Conditional Use Permit within the SES-0 district and helps obtain the objectives of the Comprehensive Plan. Staff has included conditions to address the conditions established within the UDC. 2. The Distribution SES will promote and enhance the general public welfare, and will not be detrimental to or endanger the public health, safety, morals, or comfort. Reasonable conditions of approval can be added if the Planning Commission finds issues with the proposed SES. 3. The Distribution SES 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. Screening to roadways, public waters, and nearby dwellings is required as a condition of approval. The proposed system meets setbacks as required within the UDC. 4. The proposed Distribution SES will not impede development or improvement of surrounding properties. Resolution No.: 10-17-23-03 Page 2 of 6 5. Staff has included a condition that an access permit be granted by the Minnesota Department of Transportation. The proposed Distribution SES use is not anticipated to substantially increase use, cause undue wear, or cause any detriment that is atypical from regular use. 6. The proposed use is consistent with the applicable regulations of the AG-C District and is generally consistent with the requirements of the UDC. Any future changes to the Distribution SES will be required to conform with the applicable regulations of the district and the Conditional Use Permit must be amended to allow for the change. Reasonable conditions of approval have been added where the City finds issues with the proposed use. 7. The Conditional Use Permit generally meets the general and specific performance standards of the UDC. Staff has included conditions where the application does not meet these standards. FURTHER BE IT RESOLVED that the following conditions of approval shall be met: 1. The project shall be in substantial compliance with the plans submitted to the City on August 26, 2023, with the exception of where revisions are required with this approval. 2. Treatment of stormwater runoff should be consistent with MPCA storm water manual guidance for solar projects. 3. Native vegetation must be planted on the site wherever practical to provide habitat. 4. Facility location and design must minimize impact on habitat and wildlife movement. 5. Before a building permit can be issued on the site the following must occur: a. The applicant must complete an interconnection agreement with a local utility and provide a copy of the agreement to the City. The system operator must provide a visible external disconnect if required by the utility. b. The City will require the establishment of an escrow account, from a creditable banking institution chartered to operate in the State of Minnesota, to ensure vegetation is installed and establishes itself as identified in the approved permit, based on an estimated cost for plantings and labor provided by the applicant. The planting and screening plan must utilize the recommended plant types described in Section [153.400.060] and must be approved by the City. c. The City will require the posting of a bond, letter of credit or the establishment of an escrow account to ensure decommissioning. The decommissioning plan must provide a letter of credit that does not give credit towards salvage material. The guarantee shall be from a creditable banking institution chartered to operate in the State of Minnesota. d. The applicant must submit proof that a current general liability policy covering bodily injury and property damage with limits of at least $1 million per occurrence and $2 million in the aggregate or the maximum liability thresholds set forth Minnesota Statutes, section 466.04, as amended, whichever is greater, to the City. e. Submit specification showing the maximum that the panels do not exceed 15 feet in height when oriented at maximum tilt. Resolution No.: 10-17-23-03 Page 3 of 6 f. The screening shall fully obscure 100% view of the solar panels from any adjacent road right-of-way immediately upon screen completion in accordance with this section, and shall be completed prior to the remainder of solar facilities and panel installation. Effectiveness of screening shall be reviewed and approved by city staff prior to continuation of project installation. g. Any fences or barriers installed for the project must be mounted on wood posts, and may not include any chain link, barbed or razor wire. The fence may not exceed eight (8) feet in height from the ground, and must incorporate wildlife - friendly design with a gap at the bottom for passage of birds and small animals. The City will utilize recommendations from the Minnesota DNR to determine if the fence design is wildlife -friendly. All fencing must comply with Character Area Standards and Fencing standards established in Section 153.400 of the Unified Development Code. h. All ground areas under solar array installs that are not occupied by equipment or essential access paths, must be planted with a deep rooted, native grass and pollinator seed mix suitable to the soil and moisture conditions of the immediate area. Plant growth must be stable and self-supporting within one (1) growing seasons from the date of building permit approval. The landscaping plan shall be revised to show the location of ground plantings including which seed mixes are proposed and where the mixes will be used. i. Power and communication lines that are not defined in this the UDC as Essential Services and running between banks of solar panels and the interconnection pole or other point of interconnection must be buried underground. j. Drainage and utility easements will be placed around the permitter of the property in accordance with the subdivision ordinance for both as needed maintenance and assuring compliance with the approvals. k. A MPCA General Stormwater Permit will be required. 1. The applicant shall verify with MnDOT, and provide City proof of, need for a work within ROW permit that may be required for construction activities. m. The stormwater basin being constructed in the southwest portion of the project has no future access reserved to account for accessing to perform maintenance. The applicant must demonstrate how a backhoe would be able to access in the future to perform maintenance. 6. If any concrete is used onsite for construction, all wash outs from cement trucks shall not be dumped on site. 7. The required screening must be achieved within six (6) growing seasons from the date of project approval. If the screening is not established within 6 growing seasons, it must be implemented through the planting of mature vegetation to fully obscure (100%) view of the solar panels as described in current ordinance. 8. The applicant shall maintain landscaping and screening for the full term of the permit. The City may enter and inspect the property, outside the area protected around the array by fencing, at any reasonable time for the purpose of investigating a reported violation or to ascertain compliance or noncompliance with the current standards or approvals regulating screening. Resolution No.: 10-17-23-03 Page 4 of 6 9. The City reserves the right to utilize the vegetative escrow required with the permit to address noncompliance with approved screening if the applicant or operator does not bring the site into compliance within nine months. 10. If glare is reported as a nuisance staff will review the existing conditions and the applicant must address any concerns identified by staff to bring the use into compliance with the current regulations. 11. No lighting is proposed or approved with this approval. 12. The first 50 ft. of the access road off of MN 97 shall be either bituminous or concrete to prevent tracking sediment onto MN 97. 13. The applicant shall stake the required setback from MN 97 so that the Building Inspector can verify the setbacks before construction begins. 14. The applicant shall identify the boundaries of the wetland buffers in the field prior to construction of the facilities on the site. 15. Erosion control along wetland shall be required. 16. Signage must be installed that clearly identifies the array and emergency contacts that are responsible in the case of an emergency within three months of a final building permit being issued. Signage must be screened from public right of way and residential uses within 350 ft. 17. Signs, informational, or visual communication devices shall comply with applicable regulations. 18. All plans submitted for building permit approval shall be prepared by a licensed, professional engineer. 19. Any expansion of the Distribution SES shall require an amended conditional use permit. 20. The applicant shall complete a Developer Agreement with the City. The Agreement shall include financial guarantees acceptable to the City), to assure compliance with the Vegetative Escrow, Landscaping Plan, and Decommissioning Plan. The Development Agreement shall be signed by the City and the applicant before the City approves the final permit for the solar installation. 21. The applicant shall obtain all necessary permits prior to work on the site, including but not limited to: a. The Distribution Scale Solar Energy System shall comply 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. b. Driveway access permits from the Minnesota Department of Transportation shall be secured for the access drives to the site from MN 97, before the City approves the final permit for the solar installation. c. The applicant shall obtain the required Watershed District permit(s). d. The applicant shall obtain the required grading and erosion control permit from the City. e. The applicant shall obtain the required building permit from the City. 22. The applicant shall comply with all applicable local, state, and federal permits and requirements for the new development on the parcel. Resolution No.: 10-17-23-03 Page 5 of 6 23. The City may revoke the Conditional Use Permit for the site if the site is not in compliance with any condition of this approval and if all permits and required work to comply with approvals from other local, state, and federal permits is not completed. 24. The applicant/operator of the Distribution SES shall pay all costs incurred by the city to monitor compliance with conditions of the Conditional Use Permit 25. The applicant shall pay all fees and escrows associated with this application. Resolution No.: 10-17-23-03 Page 6 of 6 Whereupon, said Resolution is hereby declared adopted on this 17 day of October 2023. ceve Krbnl3XIq4!cting Mayor Patrick Dalseth, Applicant A , A ?,,t Vir SV CSG Michael Lubke, Owner Molly Mi ogue, %vner ATTEST: Kyle l/lore I. City Administrator CITY OF SCANDIA, MINNESOTA RESOLUTION NO. 10-17-23-05 APPROVING CONDITIONAL USE PERMIT FOR A DISTRIBUTION SCALE SOLAR ENERGY SYSTEM LOCATED ON 19.032.20.13.0001 LOCATED AT 10929 SCANDIA TRAIL NORTH WHEREAS, Courtney O'Connor, Gordian Energy Systems and DIVOCSG N LLC (the applicant" or the "operator"), on behalf of Michael Lubke & Molly Minogue (the "owners"), made an application for a Conditional Use Permit to allow for a Distribution Solar Energy System (SES) to be located at PID 19.032.20.13.0001 located at 10929 Scandia Trail North: THE WEST HALF OF THE NORTHEAST QUARTER (W 1/2 OF NE 1/4) OF SECTION NINETEEN (19), TOWNSHIP THIRTY-TWO (32), RANGE TWENTY (20), WASHINGTON COUNTY, MINNESOTA, AND WHICH INCLUDES A STRIP OF LAND FIFTY (50) FEET IN WIDTH RUNNING OVER AND ACROSS THE WEST HALF OF THE NORTHEAST QUARTER W1/2 OF NE1/4} OF SECTION NINETEEN (19), TOWNSHIP THIRTY-TWO 32) NORTH, RANGE TWENTY (20) WEST; SAID STRIP OF LAND BEING TWENTY-FIVE (25) FEET IN WIDTH ON EACH SIDE OF A CENTER LINE WHICH CROSSES ABOVE DESCRIBED TRACT AND IS DESCRIBED AS FOLLOWS TO -WIT COMMENCING AT A STAKE ON THE EAST LINE OF SAID SECTION, TWENTY (20) FEET SOUTH OF THE NORTHEAST CORNER THEREOF; RUNNING THENCE SOUTHWESTERLY ON A ONE DEGREE CURVE TO THE RIGHT FROM A LINE BEARING SOUTH FORTY- TWO DEGREES AND THIRTEEN MINUTES WEST (S 42? 13? W) AS A TANGENT; A DISTANCE OF ONE HUNDRED FORTY-SIX AND SEVEN - TENTHS (146.7) FEET THENCE SOUTH FORTY-THREE DEGREES AND FORTY-ONE MINUTES WEST (S 43 DEG 41- W) EIGHT THOUSAND ONE HUNDRED SEVENTY-FOUR AND FIVE -TENTHS (8174.5) FEET TO A STAKE ON THE WEST LINE OF SECTION THIRTY (30) IN SAID TOWNSHIP AND RANGE, SIX HUNDRED NINETY AND THREE -TENTHS 690.3) FEET SOUTH OF THE NORTHWEST CORNER THEREOF, WASHINGTON COUNTY, MINNESOTA. WHEREAS, the Planning Commission reviewed the request for the Conditional Use Permit (CUP) at a duly noticed Public Hearing on October 3, 2023, and recommended that the City Council approve the CUP, with conditions; Resolution No.: 10-17-23-05 Page 2 of 6 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCANDIA, WASHINGTON COUNTY, MINNESOTA, that it approves of a Conditional Use Permit to allow for a Distribution SES, located at 10929 Scandia Trail North, based on the following findings: Objectives of the Comprehensive Plan include promoting the use of renewable energy systems on housing and in areas where such systems can be safely operated and produce a minimum level of visual impact. The Distribution SES is allowed through a Conditional Use Permit within the SES-0 district and helps obtain the objectives of the Comprehensive Plan. Staff has included conditions to address the conditions established within the UDC. 2. The Distribution SES will promote and enhance the general public welfare, and will not be detrimental to or endanger the public health, safety, morals, or comfort. Reasonable conditions of approval can be added if the Planning Commission finds issues with the proposed SES. 3. The Distribution SES 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. Screening to roadways, public waters, and nearby dwellings is required as a condition of approval. The proposed system meets setbacks as required within the UDC. 4. The proposed Distribution SES will not impede development or improvement of surrounding properties. 5. Staff has included a condition that an access permit be granted by the Minnesota Department of Transportation. The proposed Distribution SES use is not anticipated to substantially increase use, cause undue wear, or cause any detriment that is atypical from regular use. 6. The proposed use is consistent with the applicable regulations of the AG-C District and is generally consistent with the requirements of the UDC. Any future changes to the Distribution SES will be required to conform with the applicable regulations of the district and the Conditional Use Permit must be amended to allow for the change. Reasonable conditions of approval have been added where the City finds issues with the proposed use. 7. The Conditional Use Permit generally meets the general and specific performance standards of the UDC. Staff has included conditions where the application does not meet these standards. FURTHER BE IT RESOLVED that the following conditions of approval shall be met: 1. The project shall be in substantial compliance with the plans submitted to the City on August 25, 2023, with the exception of where revisions are required with this approval. 2. Treatment of stormwater runoff should be consistent with MPCA storm water manual guidance for solar projects. 3. Native vegetation must be planted on the site wherever practical to provide habitat. Resolution No.: 10-17-23-05 Page 3 of 6 4. Facility location and design must minimize impact on habitat and wildlife movement. 5. Before a building permit can be issued on the site the following must occur: a. The applicant must complete an interconnection agreement with a local utility and provide a copy of the agreement to the City. The system operator must provide a visible external disconnect if required by the utility. b. The City will require the establishment of an escrow account, from a creditable banking institution chartered to operate in the State of Minnesota, to ensure vegetation is installed and establishes itself as identified in the approved permit, based on an estimated cost for plantings and labor provided by the applicant. The planting and screening plan must utilize the recommended plant types described in Section [153.400.060] and must be approved by the City. c. The City will require the posting of a bond, letter of credit or the establishment of an escrow account to ensure decommissioning. The decommissioning plan must provide a letter of credit that does not give credit towards salvage material. The guarantee shall be from a creditable banking institution chartered to operate in the State of Minnesota. d. The applicant must submit proof that a current general liability policy covering bodily injury and property damage with limits of at least $1 million per occurrence and $2 million in the aggregate or the maximum liability thresholds set forth Minnesota Statutes, section 466.04, as amended, whichever is greater, to the City. e. Submit specification showing the maximum that the panels do not exceed 15 feet in height when oriented at maximum tilt. f. The screening shall fully obscure 100% view of the solar panels from any adjacent road right-of-way immediately upon screen completion in accordance with this section, and shall be completed prior to the remainder of solar facilities and panel installation. Effectiveness of screening shall be reviewed and approved by city staff prior to continuation of project installation. g. The landscaping plan shall be revised to show permanent vegetative screening designed to have a horizontal depth of at least 20 feet. h. Any fences or barriers installed for the project must be mounted on wood posts, and may not include any chain link, barbed or razor wire. The fence may not exceed eight (8) feet in height from the ground, and must incorporate wildlife - friendly design with a gap at the bottom for passage of birds and small animals. The City will utilize recommendations from the Minnesota DNR to determine if the fence design is wildlife -friendly. All fencing must comply with Character Area Standards and Fencing standards established in Section 153.400 of the Unified Development Code. i. All ground areas under solar array installs that are not occupied by equipment or essential access paths, must be planted with a deep rooted, native grass and pollinator seed mix suitable to the soil and moisture conditions of the immediate area. Plant growth must be stable and self-supporting within one (1) growing seasons from the date of building permit approval. The landscaping plan shall be Resolution No.: 10-17-23-05 Page 4 of 6 revised to show the location of ground plantings including which seed mixes are proposed and where the mixes will be used. j. Power and communication lines that are not defined in this the UDC as Essential Services and running between banks of solar panels and the interconnection pole or other point of interconnection must be buried underground. k. Drainage and utility easements will be placed around the permitter of the property in accordance with the subdivision ordinance for both as needed maintenance and assuring compliance with the approvals. 1. A MPCA General Stormwater Permit will be required. in. The applicant shall verify with MnDOT, and provide City proof of, need for a work within ROW permit that may be required for construction activities. n. The stormwater basin being constructed in the southwest portion of the project has no future access reserved to account for accessing to perform maintenance. The applicant must demonstrate how a backhoe would be able to access in the future to perform maintenance. 6. If any concrete is used onsite for construction, all wash outs from cement trucks shall not be dumped on site. 7. The required screening must be achieved within six (6) growing seasons from the date of project approval. If the screening is not established within 6 growing seasons, it must be implemented through the planting of mature vegetation to fully obscure (100%) view of the solar panels as described in current ordinance. 8. The applicant shall maintain landscaping and screening for the full term of the permit. The City may enter and inspect the property, outside the area protected around the array by fencing, at any reasonable time for the purpose of investigating a reported violation or to ascertain compliance or noncompliance with the current standards or approvals regulating screening. 9. The City reserves the right to utilize the vegetative escrow required with the permit to address noncompliance with approved screening if the applicant or operator does not bring the site into compliance within nine months. 10. If glare is reported as a nuisance staff will review the existing conditions and the applicant must address any concerns identified by staff to bring the use into compliance with the current regulations. 11. No lighting is proposed or approved with this approval. 12. The first 50 ft. of the access road off of MN 97 shall be either bituminous or concrete to prevent tracking sediment onto MN 97. 13. The applicant shall stake the required setback from MN 97 so that the Building Inspector can verify the setbacks before construction begins. 14. The applicant shall identify the boundaries of the wetland buffers in the field prior to construction of the facilities on the site. 15. Erosion control along wetland shall be required. 16. Signage must be installed that clearly identifies the array and emergency contacts that are responsible in the case of an emergency within three months of a final building permit being issued. Signage must be screened from public right of way and residential uses within 350 ft. Resolution No.: 10-17-23-05 Page 5 of 6 17. Signs, informational, or visual communication devices shall comply with applicable regulations. 18. All plans submitted for building permit approval shall be prepared by a licensed, professional engineer. 19. Any expansion of the Distribution SES shall require an amended conditional use permit. 20. The applicant shall complete a Developer Agreement with the City. The Agreement shall include financial guarantees acceptable to the City), to assure compliance with the Vegetative Escrow, Landscaping Plan, and Decommissioning Plan. The Development Agreement shall be signed by the City and the applicant before the City approves the final permit for the solar installation. 21. The applicant shall obtain all necessary permits prior to work on the site, including but not limited to: a. The Distribution Scale Solar Energy System shall comply 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. b. Driveway access permits from the Minnesota Department of Transportation shall be secured for the access drives to the site from MN 97, before the City approves the final permit for the solar installation. c. The applicant shall obtain the required Watershed District permit(s). d. The applicant shall obtain the required grading and erosion control permit from the City. e. The applicant shall obtain the required building permit from the City. 22. The applicant shall comply with all applicable local, state, and federal permits and requirements for the new development on the parcel. 23. The City may revoke the Conditional Use Permit for the site if the site is not in compliance with any condition of this approval and if all permits and required work to comply with approvals from other local, state, and federal permits is not completed. 24. The applicant/operator of the Distribution SES shall pay all costs incurred by the city to monitor compliance with conditions of the Conditional Use Permit. 25. The applicant shall pay all fees and escrows associated with this application. Resolution No.: 10-17-23-05 Page 6 of 6 Whereupon, said Resolution is hereby declared adopted on this 17t" day of October, 2023. ronmill r, ting Mayor GL2 lZQLL O CBrL/Z92 Cou Connor, Applicant q4: k-te Michael Lubke, Owner C' C)V Molly Minogu . Own r ATTEST: I Pt/ Kyle Mo ll. City Administrator