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7.b)3) Resolution No. 10-20-15-03 ForestLakeHoldco CUPCITY OF SCANDIA, MINNESOTA RESOLUTION NO. 10-20-15-03 APPROVING A CONDITIONAL USE PERMIT FOR A COMMUNITY SOLAR GARDEN ON PARCEL ID 18.032.20.33.0001 WHEREAS, Gordy Simanton has made an application for a Conditional Use Permit for a Community Solar Garden to be located on a Parcel with the ID 18.032.20.33.0001 (located on the northwest corner of TH 97 and County Road 15A), on behalf of Solar Stone Partners, and owned by Forest Lake Holdco LLC; and WHEREAS, the property is legally described as follows: The South 59 acres of the West One-half of the Southwest Quarter all in Section 18, Township 32, Washington County, Minnesota; and WHEREAS, the Planning Commission reviewed the request for a Conditional Use Permit at a duly noticed Public Hearing on October 6, 2015, and recommended approval of the Permit; 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 approve a Conditional Use Permit to develop a Community Solar Garden on Parcel with the ID 18.032.20.33.0001, based on the following findings: The proposed use will not negatively impact the health, safety and general welfare of the occupants of surrounding lands. 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 topography of the site and location of the solar arrays in a position that is lower than the surrounding site should prevent glare impacts to adjacent properties. 2. The existing and anticipated traffic conditions will not negatively impact roadways or adjacent uses. 3. The proposed use will assist local energy utilities and the State of Minnesota to meet goals for the generation of renewable energy, and therefore will have a positive impact on utilities. It will not impact local school capacities. 4. The proposed use will not have a negative impact on property values and scenic views. The proposed solar array would be positioned in a location on the parcel where the Resolution No.: 10-20-15-03 Page 2 of 4 topography should screen the array from view from TH 97 and surrounding properties. It will not produce noise, emissions or other impacts that would negatively affect property values. 5. The proposed use is consistent with the goals and strategies in the Comprehensive Plan, which encourages the use of renewable, local and diverse forms of energy. 6. The proposed use meets the dimensional requirements of the Development Code, and with the conditions proposed for approval, would meet the requirements and performance standards for Community Solar Gardens in the Code. 7. The proposed use will not have negative impacts on groundwater, surface waters and air quality. The use is required to obtain Watershed District and City permits to manage grading, erosion and sediment control to protect surface waters. The proposed plan avoids impacts to wetlands and related buffers. 8. The proposed use is allowed with a Conditional Use Permit in the Agriculture Core District. 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 September 18, 2015. The plans shall be revised to show the site access from County Road 15 (Manning Avenue). The access road shall be a minimum 20 feet wide. The City Administrator may approve the revised plans. 2. The revised project plans shall include a landscape plan that would provide for screening of approximately 40% of the view of the site from TH 97 and from Manning Avenue. The plan should include a mix of coniferous and deciduous tree and shrub species, and be consistent with Scandia's rural character. The plan may be approved administratively. 3. 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. 4. The applicant shall stake the required setbacks from TH 97 and County Road 15 (Manning Avenue) so that the responsible road authorities and Building Inspector can verify the fence and project setbacks before construction begins. 5. 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. 6. The applicant shall identify the boundaries of the wetland buffers in the field prior to construction of the facilities on the site. 7. All new lighting and signage at the site shall meet the Development Code lighting requirements. Resolution No.: 10-20-15-03 Page 3 of 4 8. The applicant shall obtain the required Watershed District permit(s), and submit a copy of the permits to the City. 9. The applicant shall obtain an access permit for the proposed driveway access to County Road 15 (Manning Trail) from Washington County, and shall provide a copy of the permit to the City. 10. The applicant shall address the City Engineer's comments included in his letter dated September 24, including: a. The applicant shall obtain the required Grading/Land Alteration Permit from the City. The grading plan shall include perimeter erosion control on the northern project boundary limits. b. The gravel access road shall be a minimum 20 feet in width to permit emergency access. c. The applicant shall obtain necessary agreements with the owner of the gas main easement before work begins at the site. d. All site work shall comply with the rules of the Comfort Lake -Forest Lake Watershed District. 11. The applicant shall address MnDOT's comments included in its letter dated October 5: e. The applicant shall obtain a permit to remove the existing fence if it is encroaching in MnDOT's right-of-way. The new fence shall be placed outside of the MnDOT right-of-way. f. The site access shall be from County Road 15 (Manning Trail). g. The existing tree line along MN 97 shall be preserved. 12. The applicant shall comply with the Development Code and Solar Ordinance fencing requirements, and shall obtain an Administrative Permit for the fence if it exceeds 6 feet in height. 13. 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. 14. The applicant shall submit proof to the City that it has obtained general liability insurance that meets the ordinance requirement. 15. 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. 16. 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. 17. Any expansion of the Community Solar Garden shall require an amended conditional use permit. 18. The applicant shall pay all fees and escrows associated with this application. Resolution No.: 10-20-15-03 Page 4 of 4 Adopted by the Scandia City Council this 20th day of October, 2015. Randall Simonson, Mayor ATTEST: Brenda Eklund, Clerk