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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 Page 2 of 4 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. City Council Resolution No.: 05-21-19-02 Page 3 of 4 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. City Council Resolution No.: 05-21-19-02 Page 4 of 4 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