7.b2 Resolution 05-21-19-02 - US Solar CUP
CITY OF SCANDIA, MINNESOTA
CITY COUNCIL RESOLUTION NO. 05-21-19-02
APPROVING A CONDITIONAL USE PERMIT FOR A DISTRIBUTION SCALE
SOLAR ENERGY SYSTEM LOCATED ON PARCEL NUMBER 30.032.20.23.0001 ON
KEYSTONE AVENUE NORTH
WHEREAS, US Solar has made an application for a Conditional Use Permit for a
Distribution Scale Solar Energy System (Distribution SES) to be located on Parcel Number
30.032.20.23.0001 located on Keystone Avenue North, on property owned by Ronald and Janet
Taylor; and
WHEREAS, the property is legally described as follows: The South Half (S1/2) of the
Northwest Quarter (NW1/4) of Section Thirty (30), Township Thirty-two (32), Range Twenty
(20), Washington County, Minnesota; and
WHEREAS, the Planning Commission reviewed the request for a Conditional Use
Permit at a duly noticed Public Hearing on May 7, 2019;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL
OF THE CITY OF SCANDIA, WASHINGTON COUNTY, MINNESOTA, that it hereby
approves a Conditional Use Permit to develop a Distribution Scale Solar Energy System
(Distribution SES) to be located on Parcel Number 30.032.20.23.0001 located on Keystone
Avenue North, based on the following findings:
1. The proposed use is consistent with the goals and strategies in the Comprehensive Plan.
Distribution Scale Solar Energy Systems are an allowed Conditional Use in Agriculture
Core (AG C) and fulfill the 2040 Comprehensive Plan Chapter IV - Resilience goal to
“Encourage the use of renewable, local and diverse forms of energy.” The use is not
expected to impact public facilities or the capital improvement plan.
2. The proposed use will promote general public welfare and not endanger health, safety or
morals. The system 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, estimated at a couple of trips a month once constructed. The use will not
create noise that impacts surrounding areas. The solar installation will be screened with
vegetation from the Keystone Ave N and 192nd public rights-of-way to prevent glare and
visual impacts.
City Council Resolution No.: 05-21-19-02
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3. The use will not diminish or impair area property values or scenic views, since the use
will not create noise, odor or traffic nuisances, and will be visually screened. The
landscape plan submitted on May 15, 2019 shows vegetative screening that meets and
exceeds the standards of the solar ordinance,
4. The use will not impede development of surrounding property in the area for allowed
uses. The system and associated activities are contained on a single parcel, do not create
noise, order or traffic nuisances, and will be visually screened.
5. Adequate public facilities and services are available to accommodate the use. It does not
require access to public water or wastewater services and has direct access to the existing
Keystone Ave N public right-of-way for vehicle ingress and egress.
6. The use conforms to applicable regulations of the Agricultural Core district and all other
applicable standards of the Development Code.
• The 88 acre parcel meets the minimum lot size requirements in the AG C District
of 2.0 to 5.0 acres or 20 acres and larger.
• The parcel has 1,300 feet of frontage on the Keystone Ave N public-right-of-way,
which meets the minimum requirement of 300 feet for parcels 4.0 acres or larger.
• Setback standards are met and addressed in the evaluation of Performance
Standards later in the report.
• Only one (1) utility pole will be installed on the property to provide connection to
Xcel service in the right-of-way.
• The proposed use will be required to obtain Watershed District and City permits
that will include requirements for managing grading, erosion, and sediment
control to protect ground and surface waters.
• The proposed plan will not impact wetlands, as there are no wetlands in the
immediate area.
• The applicant will comply with the Minnesota Pollution Control Agency (MPCA)
Construction Stormwater Permit Requirements, including obtaining a National
Pollutant Discharge Elimination System (NPDES) stormwater permit prior to
construction.
• The project will not impact air quality, as there are no emissions from the use.
• The proposed use meets other applicable standards, as further detailed in this
report.
7. The use complies with the applicable general and specific performance 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
April 16, 2019, with the exception of the Landscaping Plan. A revised Landscaping Plan
was submitted on May 15, 2019 and the project landscaping shall be in substantial
compliance with this revised plan.
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2. 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.
3. The applicant shall stake the required setback Keystone Avenue North so that the
Building Inspector can verify the setbacks before construction begins.
4. The applicant shall identify the boundaries of the wetland buffers in the field prior to
construction of the facilities on the site.
5. All new lighting and signage at the site shall meet the Development Code requirements.
6. All plans submitted for building permit approval shall be prepared by a licensed,
professional engineer.
7. The applicant shall obtain the required Watershed District permit(s).
8. The applicant shall obtain the required grading and erosion control permit from the City.
9. Signs, informational or visual communication devices shall comply with applicable
regulations.
10. The applicant shall comply with the Development Code and Solar Ordinance fencing
requirements.
11. The applicant shall complete an interconnection agreement with the local utility and
submit a copy of the agreement to the City before it issues building and other permits.
12. The applicant shall submit proof to the City that it has obtained general liability insurance
that meets the ordinance requirement.
13. The applicant shall provide the warning signs at the site that are required by the Solar
Ordinance. Design, locations and specifications of signs shall conform to the
Development Code.
14. Any expansion of the Distribution Scale Solar Energy System shall require an amended
conditional use permit.
15. The applicant shall post a decommissioning financial surety with the City, based on the
estimated cost of the decommissioning. The surety shall be in the form of a cash deposit,
a letter of credit, or some other form approved by the City. The surety shall be posted
before the final City permit for the solar installation is approved.
16. The applicant shall maintain landscaping for the full term of the permit and shall post a
landscaping financial surety with the City, based on the estimated cost for plantings and
labor. The surety shall be in the form of a bond, letter of credit, or escrow account. The
surety shall be posted before the final City permit for the solar installation is approved.
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17. 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 and the Landscaping Plan. The Development Agreement shall be
signed by the City and the applicant before the City approves the final permit for the solar
installation.
18. The applicant shall pay all fees and escrows associated with this application.
19. The owner/operator of the Distribution SES shall pay all costs incurred by the city to
monitor compliance with conditions of the Conditional Use Permit.
Adopted by the Scandia City Council this 21st day of May, 2019.
______________________________
Christine Maefsky, Chair
ATTEST:
_________________________________
Brenda Eklund, Clerk