7.b 2f Resolution 06-20-17-02 approving a conditional use permit for community solar garden at 23485 Manning TrailCITY OF SCANDIA, MINNESOTA
RESOLUTION NO. 06-20-17-02
APPROVING A CONDITIONAL USE PERMIT FOR A COMMUNITY SOLAR
GARDEN LOCATED AT 23485 MANNING TRAIL NORTH;
WHEREAS, Minnesota Solar Connections LLC has made an application for a
Conditional Use Permit for a Solar Farm to be located on a parcel at 23485 Manning Trail North,
and owned by Jennifer Woolford; and
WHEREAS, the property is legally described as follows:
THAT PART OF THE WEST ONE-HALF OF THE SOUTHEAST QUARTER (W1/2
OF SEI/4) OF SECTION SIX (6), TOWNSHIP THIRTY TWO (32) NORTH, RANGE
TWENTY (20) WEST THAT LIES NORTH OF THE SOUTH 1812.00 FEET THEREOF
EXCEPT THAT PART TAKEN FOR ROADS AND EXCEPT THAT PART LYING
WESTERLY OF COUNTY ROAD 15, SUBJECT TO THE RIGHT OF WAY OF MANNING
TRAIL NORTH; and
WHEREAS, the Planning Commission reviewed the request for a Conditional Use
Permit at a duly noticed Public Hearing on June 6, 2017, and recommended approval of the
Conditional Use Permit with conditions; and
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE PLANNING
COMMISSION 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 23485 Manning Trail, 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
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Plan. 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 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 screen views of
the solar farm by a minimum of 95% on a year-round basis from the west and south.
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
conditions of approval for the CUP require 95% screening of the property on a year-
round basis to protect views from the public roadway to the west and nearby properties to
the south. The project 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
May 15, 2017, and shall submit updated plans to the City to address the items identified
by the City Engineer and Fire Chief and the landscape plan recommendations of the
Planning Commission for review and approval before a building permit shall be approved
for the project.
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 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.
4. The applicant 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
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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."
5. The applicant shall address the City Engineer's and the Fire Chief's comments :
• The applicant shall revise the plans to include and construct a 20 -foot -wide access
drive. The first 30 -feet of the access drive shall be constructed with a bituminous
surface.
• The applicant shall obtain a Grading/Land Alteration Permit and shall include a
grading and erosion and sediment control plan in the application.
• All site work shall be in compliance with the rules of the Watershed District and
Washington Conservation District.
• The applicant shall revise the plan to show a turn -around area at the solar garden
that will accommodate a 35' truck.
• The applicant shall provide a 10-12' grassed area inside the fence for a rescue
vehicle to turn around on the site.
6. All new lighting and signage at the site shall meet the Development Code lighting
requirements.
7. The applicant shall comply with CLFLWD Rules and obtain any required Watershed
District permit(s).
8. The applicant shall complete the wetland delineation for the site, submit the results of the
delineation to the city, and revise the plans as needed to show the locations of the wetland
boundaries and required setbacks to the Community Solar Garden. The applicant shall
stake the wetland boundaries in the field, so that the building inspector can verify that the
structures meet the required wetland setbacks.
9. The applicant shall provide a final landscape plan for City approval to screen the site
from views from the west and south. The plan shall provide at least 95% year-round
screening of views from the west and south. The landscape plan shall use species native
to Minnesota, and plant materials shall provide the required screening within two (2)
years of planting. The City shall approve the landscape plan before issuing the building
permit for the project.
10. Fencing on the site shall meet the Development Code requirements and be consistent
with the Minnesota DNR's recommendations for materials, height, and design of fencing
around solar projects. The applicant shall obtain an administrative permit for the fence if
required.
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.
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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 Community Solar Garden shall require an amended conditional use
permit.
16. The applicant shall pay all fees and escrows associated with this application.
Adopted by the Scandia City Council this 20th day of June, 2017.
Christine Maefsky, Mayor
ATTEST:
Neil Soltis, Administrator/Clerk