7.b)3) Staff Report-SolarOrdinance CouncilMemo 6 16 15Memorandum
To:
444 Cedar Street, Suite 1500
Copies To:
Saint Paul, MN 55101
651.292.4400
tkda.cam
Project No
TKDA
Sherri Buss, RLA AICP, Routing:
Memorandum
To:
Scandia City Council Reference:
Copies To:
Kristina Handt, City
Administrator
Brenda Eklund, City Clerk
Project No
From:
Sherri Buss, RLA AICP, Routing:
Planner
Date:
June 9. 2015
Background
Proposed Ordinance — Solar
Farms and Community Solar
Gardens
15745.000
Property owners in Scandia have received inquiries regarding the potential to create solar
energy systems such as solar farms and solar gardens that would be principal uses on their
properties. This use is not currently permitted as a principal use in the Development Code. The
Planning Commission has been working on this issue since April, including:
The Planning Commission discussed solar uses at several meetings, and developed an
ordinance that would permit solar farms and solar gardens in some zoning districts in
Scandia with a Conditional Use Permit. The proposed Ordinance 162 is attached.
Scandia's Comprehensive Plan supports the use of alternative energy systems.
The proposed ordinance was reviewed by 4 private solar energy system businesses at
the request of the Planning Commission.
The Planning Commission held a public hearing on the proposed ordinance at its
meeting on June 2. Duane Hebert, Novel Energy, submitted comments on the proposed
performance standards in the ordinance. The Commission discussed his comments,
and made two changes to the ordinance based on the comments. Staff received
comments from Geronimo Energy after the Planning Commission meeting. The
Geronimo comments were similar to the Novel Energy comments.
The Commission recommended that the Council approve Ordinance No. 162, to add
solar farms and solar gardens as uses to the Development Code at the meeting on June
2.
Commissioner Jan Hogle submitted a comment requesting a minor change to the
definition of "solar gardens." The comment was consistent with the content of the
proposed ordinance and the Model Ordinance developed for Minnesota. Staff made the
change as requested.
Since the Planning Commission meeting, Commissioner Hogle has requested further
changes to the proposed ordinance, noting that she is concerned that the City's
definition of solar gardens match the description of community solar gardens used in the
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Solar Ordinance
Scandia City Council Page 2 June 11, 2015
State Statute that governs the State's incentive program for community solar gardens.
She indicated that there is interest in developing a solar facility that may use the
incentive program on her property, and she wants the ordinance to permit such solar
facilities. This issue related to the definitions used in the ordinance is discussed below.
Planning Commission Process and Key Elements of the Proposed Ordinance
The Planning Commission consulted several sources to develop the proposed ordinance over
the past several months:
The Commission reviewed adopted ordinances from several communities in Minnesota
to develop the draft, including ordinances from Chisago County and the City of
Rosemount. The Planner obtained comments from City and County planners regarding
elements of the ordinances that are working in other communities, and those they would
recommend for improvement, for discussion by the Commission.
The City Administrator and Planning Commission members attended a workshop on
planning and zoning for solar facilities, including the Model Ordinance for Minnesota.
The Commission requested that solar facility developers review and comment on the
ordinance. The Planner contacted four developers to request the review. Two provided
detailed comments that were used to develop the ordinance.
Key elements of the Ordinance include the following:
The ordinance permits solar farms and community solar gardens as primary uses in the
Agriculture Core and General Rural Districts, and as accessory uses in the Agriculture
Preserves District. The uses are prohibited in the Shoreland District, wetlands, and
floodplains.
The ordinance requires a CUP for both uses.
The minimum lot size for the uses is five acres.
Applicants for a CUP must submit detailed site plans and vertical sketch elevations for
the proposed facilities.
The City may require a payment in lieu of taxes to compensate the City for any
prospective tax revenue that may be lost due to reclassification of land for this use.
The ordinance includes performance standards, including setbacks, screening, and
other standards to manage the potential impacts of the uses on other properties.
The draft ordinance was developed based on all of the information noted above. The
Commission recommended Ordinance 162 (attached) for Council approval at the June 2
meeting.
Definitions Issue
The ordinance that the Planning Commission recommended to the Council includes definitions
of solar farms and community solar gardens. The definitions are very similar to those used in
other City and Council ordinances, and the Model Ordinance developed for Minnesota.
The definition of community solar gardens included in the recommended ordinance is the
following:
Community Solar Garden: A community solar energy system that generates electricity
by means of a ground -mounted or building -integrated solar system and that is supplied
to multiple community members or businesses residing or located off-site form the
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Solar Ordinance
Scandia City Council Page 3 June 11, 2015
location of the solar energy system under the provisions of Minnesota Statues
216B.1641 or successor statute.
The definition of Community Solar in the Model Ordinance for Minnesota is the following:
Community Solar: A solar -electric (photovoltaic) array that provides retail electric power
(or a financial proxy for retail power) to multiple community members or businesses
residing or located off-site from the location of the solar energy system, consistent with
Minn. Statutes 216B.1641 or success or statute.
After the Planning Commission meeting, Planning Commissioner Hogle requested that the
definition of Community Solar Garden be changed again to include additional text from the
Minn. Statute 216B.1641 description of community solar gardens. For example, she wanted to
replace the term "community members and businesses" with the word "subscribers," which is a
term used in the statute, but not used in the Model Ordinance or other local ordinances. The
Model Ordinance and others probably avoid this specialized terminology in favor the more
common and descriptive phrase "community members or businesses, and to avoid needing to
define "subscribers" in the ordinance. The Council can recommend changes to the ordinance
that was recommended by the Planning Commission to change terminology, include additional
descriptive language from the Statute, or other changes.
Recommendation for Council Action
Staff recommend that the Council approve the ordinance as recommended by the Planning
Commission, with the definition of Community Solar Gardens that is included in the ordinance,
or the similar definition included in the Model Ordinance, rather than making further additions to
the definition based on the following rationale:
Either of the definitions references the State Statute.
A solar system proposed on Commissioner Hogle's property, or other properties in
Scandia, that meets the State Statute definition for eligibility for the solar incentive
program will also meet the City's definition of a community solar garden.
The solar energy developers who reviewed the draft ordinance did not identify issues or
problems with the definitions used, because the definitions are consistent with those
used in other ordinances. They provided detailed comments on the proposed
performance standards, but identified no concerns with the definitions.
The additional text from the Statute is not necessary to provide an effective definition.
Ordinance definitions should be as clear as possible to describe the proposed use so it
is understandable to residents, businesses, or others using the ordinance. The
reference to the statute is provided for those seeking further technical information.
The City Administrator noted in correspondence with Commissioner Hogel that making
changes to text approved by the Planning Commission at the request of individual
members can become problematic. The Planning Commission's recommendation
should be forwarded to the Council. Staff can make minor changes to clarify the
language but the City cannot have members deciding via email to undo what was
approved at an open meeting. The intent in sharing the draft with PC after the meeting
was to make sure that the ordinance that went to the Council included all of the items as
discussed and voted on, not to introduce new issues.
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