5.2 Council resolution 08 16 16 04 Approving a conditional use permit for a community solar garden on Oldfield Ave. NCITY OF SCANDIA, MINNESOTA
RESOLUTION NO. 08-16-16-04
APPROVING A CONDITIONAL USE PERMIT FOR A COMMUNITY SOLAR
GARDEN LOCATED ON PARCEL NUMBER 02.032.20.2300001 ON OLDFIELD
AVENUE NORTH
WHEREAS, Ameresco, partnership with Greenmark Solar, has made an application for
a Conditional Use Permit for a Community Solar Garden to be located on Parcel Number
02.032.20.230001 located on Oldfield Avenue North, owned by Granton J. Larson et al; and
WHEREAS, the property is legally described as follows:
NW1/4-SW1/4 Section 02 Township 032 Range 020, Washington County, Minnesota;
and
WHEREAS, the Planning Commission reviewed the request for a Conditional Use
Permit at a duly noticed Public Hearing on March 2, 2016 and at meetings on April 5 and June 7,
and recommended approval of the CUP; 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 on Parcel Number 02.023.20.230001, located on Oldfield Avenue North to the east
of 236th Street North and 237th Street North, based on the following findings:
The proposed Community Solar Garden use is consistent with the goals and strategies in
the Comprehensive Plan, which encourages the use of renewable, local and diverse forms
of energy. The use is not expected to impact public facilities or the City's capital
improvement plan.
2. The proposed use will promote the general welfare and will not negatively impact the
health, safety and general welfare of the community. It will not produce emissions or
pollutants. It must meet regulatory requirements for stormwater management, erosion
and sediment control and obtain required local, state and federal permits. The use will
create minimal traffic, and will not exceed the capacity of local roadways. The use will
not create noise impacts on surrounding areas. The CUP requires screening to protect
views from public roadways and adjacent residential properties to the extent possible for
this site.
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3. The proposed use will not have a negative impact on property values and scenic views.
The CUP requires screening of the proposed solar garden to protect views of the site from
Oldfield Road and adjacent properties to the degree possible. It will not produce noise,
emissions, traffic or other impacts that would negatively affect property values.
4. The establishment of the use will not impede the development and improvement of
surrounding properties for the uses permitted in the District.
5. Adequate public safety services and public facilities are available to accommodate the
proposed use.
6. The proposed use conforms to the regulations of the Agriculture Core District with the
conditions required for approval.
7. The proposed use conforms to the general and specific standards in the Development
Code for conditional uses and Community Solar Gardens.
FURTHER BE IT RESOLVED, that the following conditions of approval shall be met:
1. The project shall be in substantial compliance with the plans and materials submitted to
the City on March 21, May 27, and August 9, 2016 and applicant shall update the plans if
needed to comply with these conditions of approval.
2. The Community Solar Garden 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 applicant shall stake the required setbacks from Oldfield Avenue North and other
parcel boundaries so that the responsible road authorities and Building Inspector can
verify the setbacks before construction begins.
4. The applicant shall secure and record the Oldfield Avenue North right-of-way along the
entire western boundary of the property (Parcel ID: 02.032.20.230001), thirty-three (33)
feet east of the section line.
5. The applicant shall work with the City Engineer to finalize an access road location that
provides for the screening shown on the plans the applicant submitted on August 9. The
access road shall maintain a width of twenty (20) feet or greater and typical section of the
access road shall be suitable to support emergency medical vehicles. The revised plan
shall eliminate the ninety (90) degree turns, and appropriate radii shall be installed to
provide access for fire equipment. The City Engineer and Fire Chief shall review and
approve the final plans.
6. The applicant shall submit additional survey information, including the final plans and
grading plan, to the City Engineer so that he may determine if the driveway apron
requires a driveway culvert to maintain drainage. The grading plan shall include
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sufficient information to determine that water will not pond on the access roads so that
they are able to support emergency medical vehicles.
7. The applicant's contractor shall directional drill under the roadway or install an overhead
power line/pole crossing to connect to the point of common coupling from the existing
overhead power lines on the west side of Oldfield Avenue. The new power pole for an
overhead connection shall be located outside the new easement area on the east side of
Oldfield Avenue North.
8. The applicant shall schedule a preconstruction meeting with the City prior to the start of
construction work.
9. The applicant shall be responsible for any damage to public roadways from construction
equipment or hauling trucks. The applicant shall restore the roadway(s) to the existing
condition prior to construction activities.
10. The community solar garden shall be designed, located, and/or screened to prevent
reflective glare toward any inhabited buildings on adjacent properties and adjacent street
rights of way.
11. The landscape plan should include a mix of coniferous and deciduous tree and shrub
species, consistent with the species list in the Woodland and Tree Preservation section of
the Development Code, and should be consistent with Scandia's rural character. The
plantings must be located outside the dedicated Oldfield Road right-of-way. The plan
may be approved administratively.
12. The landscape materials shall be of the following minimum size at the time of planting:
coniferous trees—minimum 10 feet in height; deciduous trees, minimum 2-1/2 caliper
B&B stock; shrubs shall be a minimum 10 gallon size.
13. The applicant shall replace any original plantings that fail to survive during the first two
years after planting, and shall maintain the level of screening provided in the plans for the
life of the Community Solar Garden.
14. The applicant shall submit the proposed seed mix for the area under the array to the City
for administrative approval. The seed mix shall be limited to seeds that are native and
come from a local seed source and include pollinator -friendly species. The seed mix
shall comply with the DNR and BWSR guidelines for seed sources for solar projects.
The seed tags shall state that the mix is noxious -weed free and Pure Live Seed Certified.
The site management practices shall comply with the requirements adopted by Minnesota
Legislature in 2016 that require that solar projects shall 1) provide native perennial
vegetation and foraging habitat beneficial to gamebirds, songbirds, and pollinators, 2)
reduce storm water runoff and erosion at the site."
15. The applicant shall complete the wetland delineation for the site, and provide a copy of
the report to the City. The applicant shall update the site plan to show the delineated
wetlands, setbacks, and buffers that the City and Watershed District require, and to show
that no structures are located within the wetlands, setbacks, and buffers.
16. The applicant shall obtain the required Watershed District permit(s) for the project.
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17. The applicant shall obtain a Grading/Land Alteration Permit Application. The following
items shall be added to the construction plans:
a. Proposed locations of grading activity with submittal of a grading plan
b. Erosion and sediment control plan shall be prepared for construction activities
18. All site work shall be in compliance with the rules of the Watershed District and Wetland
Conservation Act.
19. The applicant shall identify the boundaries of the wetland buffers in the field prior to
construction of the facilities on the site.
20. All new lighting and signage at the site shall meet the Development Code lighting
requirements.
21. The applicant shall comply with the Development Code and Solar Ordinance fencing
requirements, and shall obtain an Administrative Permit for the fence if required.
22. 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.
23. The applicant shall submit proof to the City that it has obtained general liability insurance
that meets the ordinance requirement.
24. The applicant shall provide the warning signs at the site that are required by the Solar
Systems Ordinance. Design, locations and specifications of signs shall conform to the
Development Code.
25. 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. The applicant shall provide a letter of credit or escrow to the
City equal to 125% of the cost of decommissioning the project.
26. Any expansion of the Community Solar Garden shall require an amended conditional use
permit.
27. The applicant shall pay all fees and escrows associated with this application.
Adopted by the Scandia City Council this 16th day of August, 2016.
Randall Simonson, Mayor
ATTEST:
Neil Soltis, Administrator/Clerk