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7.b)3) Staff Report_ForestLakeHoldco CUPI C" 0 1;1'10 1 A The right time. The right people. The right company MEMORANDUM To: Scandia City Council Kristina Handt, Administrator Copies To: Brenda Eklund, Clerk From: Date: SUBJECT: Ryan Goodman, PE, City Engineer Gordy Simanton, Solar Stone Partners Forest Lake Holdco, LLC, owner Andi Moffatt & Addison Lewis, WSB & Associates, Engineers Sherri Buss, Planner RLA AICP October 13.2015 MEETING DATE: LOCATION: APPLICANT: 444 Cedar Street, Suite 1500 Saint Paul, MN 55101 (651)292-4400 (651)292-0083 Fax www.tkda.com Reference: Forest Lake Holdco Solar Garden CUP Proj. No.: 15744.014 Routing: Forest Lake Holdco request for a Conditional Use Permit (CUP) for a Community Solar Garden October 20, 2015 Parcel ID 18.032.20.33.0001—located at the Northwest Corner of TH 97 (Scandia Trail North) and County Road 15A (Manning Avenue) Gordy Simanton Solar Stone Partners 3944 Xerxes Avenue North Minneapolis, MN 55410 OWNER: Forest Lake Holdco, LLC 3944 Xerxes Avenue North Minneapolis, MN 55410 ZONING: Agriculture Core (AG C) 60-DAY PERIOD: November 17, 2015 ITEMS REVIEWED: Final Application, Plans, Wetland Delineation and other materials received September 18, 2015 An Employee Owned Company Promoting Affirmative Action and Equal Opportunity Forest Lake Holdco Solar Garden CUP Page 2 October 20, 2015 Scandia City Council BRIEF DESCRIPTION OF THE REQUEST: The applicant is requesting a Conditional Use Permit (CUP) to develop a Community Solar Garden on a parcel at the northwest corner of TH 97 (Scandia Trail North) and County Road 15A (Manning Avenue). The subject property is located in the Agriculture Core (AG C) Zoning District, and includes 59 acres. BACKGROUND AND PROJECT DESCRIPTION: SolarStone Partners, the applicant for the CUP, is proposing to develop the solar garden project using the State of Minnesota Solar Garden Program that was established in 2013. The program allows developers to permit, develop, own and operate solar projects with the ability to sell the solar electricity directly to customers. The projects connect to Xcel's distribution grid, Xcel delivers the power to customers, and SolarStone would bill the customers for the electricity they purchase. The proposed project in Scandia is a 25-acre solar project on a 59-acre parcel located at Scandia Trail North and Manning Avenue. The site is currently owned by the Steve Sadowski Family Partnership. The project site is a former sand and gravel quarry that has low agricultural value. The solar facilities will serve energy customers in Washington, Anoka, Ramsey and Dakota Counties. The project is working through the Xcel interconnection process, and will begin its interconnection study in September. The 50-day study period will begin in October, and is expected to be completed in December, 2015. Site preparation work could begin this fall after the City and Watershed District approve permits, and project construction could begin in the spring of 2016. Site Plan. The 25-acre solar array on the site will consist of five 1 Megawatt (MW) Solar Gardens. Each garden is proposed to occupy approximately five acres of land. The typical 1 MW installation will include 20 rows of solar panel arrays approximately 175 feet long, separated by lanes 12 to 18 feet wide. The final layout of the arrays will be subject to engineering and final Xcel approval with the goal of avoiding wetlands and drainage ways and meeting the requirements of the City's Development Code. The area under the panels will be vegetated; project engineers stated that a perennial seed mix is being considered for the ground cover. The project includes an access road from TH 97 for construction and maintenance, and driveways among the solar arrays. It will also include a security fence around the solar arrays. The solar arrays will consist of 310 Watt panels and fixed axis tilt racking systems that will connect to Kaco 50 Kilowatt (kW) inverters. Each panel will measure 77"x 39.05" x 1.57" and will contain 72 multi -crystalline solar cells that are connected in series. The module frames will be constructed of silver anodized aluminum alloy and be coated in 4.00mm of tempered glass. Individual modules will weigh approximately 60.8 pounds. Each row of panels will consist of 11 strings of 18 modules in a series. Each 18 module rack measures 24'x36'. Every row will feed one 50 kW inverter. Inverters are then connected to a meter which measures the amount of electrical energy produced. The electrical energy will then be distributed directly to the public utility grid via a point of interconnection (POI) located along TH 97 near the site access driveway. Forest Lake Holdco Solar Garden CUP Page 3 Scandia City Council October 20, 2015 The application states that the solar arrays will be tilted at a 30-degree angle and will not exceed 15 feet in height when oriented at maximum tilt. The applicant noted that all photovoltaic systems will comply with the Minnesota State Electric Code. CRITERIA FOR GRANTING A CONDITIONAL USE PERMIT (CUP) The City's Development Code identifies the criteria that should be considered for evaluating a CUP request and granting a CUP or amendment. The Code indicates that the criteria that the Planning Commision shall consider include the following: Impact of the proposed use on the health, safety and general welfare of the occupants of surrounding lands Existing and anticipated traffic conditions, including parking facilities, and impacts Effect of the proposed use on utility and school capacities Effect of the proposed use on property values and scenic views Relationship to the Comprehensive Plan Ability of the proposed use to meet the standards of the Development Code Effect of the proposed use on groundwater, surface waters and air quality That the proposed use is allowed with a conditional use permit in the designated zoning district in which it is proposed. The Development Code also includes general performance standards for all CUP's and specific performance standards and requirements for Community Solar Gardens. This report also analyzes the proposed project based on those standards and requirements. DETAILED EVALUATION OF THE REQUEST: Comprehensive Plan The Comprehensive Plan states that the primary land use in the Agriculture Core (AG C) District will be agricultural production. The plan notes that the City encourages the use of renewable, local and diverse forms of energy in order to increase the use of local resources, mitigate the local risk form fossil fuel scarcity and price increases, and help meet Minnesota's climate protection goals. The plan includes a number of implement strategies that support the use of renewable energy systems. The City recently adopted Ordinance 162 permitting Community Solar Gardens and Solar Farms in the AG C and General Rural (GR) Districts to help to implement the goals and strategies in the Comprehensive Plan. The proposed site is located within the AG C district on the site of a former gravel mine. The soils on the site are of marginal quality for agricultural production. The site use to produce solar energy is consistent with the energy -related goals of the Comprehensive Plan. The request is consistent with the ,goals of the Comprehensive Plan. Forest Lake Holdco Solar Garden CUP Page 4 October 20, 2015 Scandia City Council Minimum Lot Size and Frontage Ordinance 162 requires that Solar Farms and Solar Gardens be located on parcels that are a minimum size of 5 acres. The minimum parcel size in the AG C District is 2.0 to 5.0 acres or 20 acres and larger. The Development Code requires a minimum road frontage of 300 feet for parcels that are 4.0 acres or larger. The proposed solar garden is located on a 59-acre parcel with over 1,800 feet of frontage. The request meets the lot size and frontage requirements. Setbacks The AG C District and Solar Ordinance structure setback requirements are the following 200 feet from the centerline or 150 feet from the ROW of Minor Arterials, whichever is greater (TH 97) 100 feet from the centerline or 50 feet from the ROW of Major or Minor Collectors, whichever is greater (County Road 15A) 20 feet side 50 feet rear The proposed structure setbacks are shown on the Proposed Site Plan (Sheet # 52.0) as follows: 150 feet from the TH 97 ROW 50 feet from the ROW of County Road 15A 50 feet from the rear parcel boundary 20 feet from the western parcel boundary County Transportation Department staff requested that the applicant verify that the setback along on CSAH 15A (Manning Trail) will be the greater of 100 feet from the centerline of CSAH 15A or 50 feet from the ROW. Staff recommend that the applicant stake the setbacks so that the County or Building Inspector may verify the setbacks from CSAH 15A. The proposed setbacks meet the Development Code requirements. The applicants shall stake the setbacks in the field so that the roadway setbacks can be verified by the responsible road authority and the Building Inspector. Accessory Structures The Development Code (Solar Ordinance) exempts solar farm and community solar garden uses from the Residential and Agricultural Accessory Structure standards regarding the square footage and number of structures permitted on a parcel. Structure Height The Development Code (Solar Ordinance) permits a maximum height of 15 feet for the structures in the system. The application states that the maximum height of the solar panels will be 15 feet. The proposed structures meet the height requirement. Forest Lake Holdco Solar Garden CUP Page 5 October 20, 2015 Scandia City Council Lot Coverage The maximum allowable lot coverage is 25% in the AG C District. The Comfort Lake -Forest Lake Watershed District commented that the solar array as proposed will not be counted as impervious area. The array will be erected on posts without foundations so that it may be removed in the future. The area under the array will be planted with a perennial vegetative ground cover. The applicants stated that it is likely to be a pollinator -friendly seed mix. The impervious areas proposed on the site plan include the access roads and driveways between the rows of solar panels on the site, rack posts, and various structures, as noted on plan sheet #E-100. There is no existing impervious coverage on the parcel. The City Engineer recommended that the width of the proposed access road be increased, and an additional access be added to County Road 15A. Based on his recommended increase in impervious areas, the Planner calculated the impervious area of the 25-acre portion of the parcel to be approximately 10%, and the proposed impervious area of the 59-acre parcel to be 4.5%. The coverage meets the ordinance requirement. Access and Traffic The proposed site access road connects to TH 97. The Planner sent a copy of the application to MnDOT and to Washington County and requested that they provide comments or suggested conditions for the CUP. The applicants stated that the access road will be used for construction and on -going maintenance of the facility. After construction is complete, a few vehicles may access the site each week for security and maintenance. County comments. Washington County responded that the applicant should verify that the locations of the solar system structures meet the required setback from County Road 15 (Manning Trail). County Staff also noted that there have been discussions about a future roundabout at the corner of TH 97 and County Road 15A. In the future, MnDOT may restrict the driveway access to a right -in, right -out access if the roundabout is developed at the corner. MnDOT comments. MnDOT submitted several comments regarding the proposed solar garden use: The existing fence may be encroaching on MnDOT's right of way. If the existing fence is encroaching, it should be removed with the project. A permit will be needed for this work. Any new fence should be placed outside of MnDOT's right of way. MnDOT requires that the permanent site access should come from CR 15A (Manning Trail) rather than from MN 97. This is primarily due to the lower volume on Manning Trail (over 2,000 AADT) verses MN 97 (close to 10,000 AADT). It is very important to MnDOT to not introduce any glare hazard to traffic on MN 97. The plans indicate there is a 150 ft. offset from MnDOT right of way on the south side of the property. Please inform MnDOT if the tree line is going to remain after construction. It is unclear what is proposed for the reserved parcels in the southeast and southwest corners. MnDOT will want to ensure that whatever is planned for those locations will not create a hazard to traffic. For informational purposes, there have been Cooperative Agreement proposals in the past to convert the current all -way stop -intersection at MN 97 and Manning Trail to a roundabout. It is not known Forest Lake Holdco Solar Garden CUP Page 6 October 20, 2015 Scandia City Council if/when this project will move forward, but potential impacts should be kept in mind when developing this property. The Planner added proposed conditions to address the County and MnDOT concerns related to verification of setbacks, removal of the fence and future fence placement outside the right of way, change in n the proposed access location from MN 97 to County 15 (Manning Trail), and maintenance of the tree line on MN 97 to prevent glare for roadway users. The City Engineer recommended that the Planner consult with the City's Fire Chief, to see if he agreed that one access to the site is adequate for emergency needs. The Fire Chief stated that one access would be adequate because there is potential emergency vehicle access between the rows of the solar array. Lighting The applicants have not proposed new lighting at the site. Any new lighting will need to meet the ordinance requirements. Landscaping, Screening, and Potential Glare The City's Solar Ordinance requires the following: "Solar farms and community solar gardens shall be screened from view from the public right of way to the extent possible by setbacks, berming, existing vegetation, landscaping or a combination thereof." "All solar farm and community solar garden facilities shall be designed and located in order to prevent reflective glare toward any inhabited buildings on adjacent properties, as well as adjacent street rights -of -way. Steps to control glare nuisance may include selective placement of the system, screening on the side of the solar array facing the reflectors, reducing the use of the reflector system, or other remedies that limit glare. Solar farms utilizing a reflector system shall conduct a glare study to identify the impacts of the system on occupied buildings and transportation rights -of -way within a half -mile of the project boundary." The application includes a discussion of the potential glare from the solar array. The application states that "Although solar panels are known to create glare, the glare is directed skyward at right angles to the direction of the sunlight, and would not be viewed from the ground from surrounding properties or roads. The panels will all face south, and since the site is lower than the surroundings, will be generally shielded from view." Plan sheet 53.0 that was submitted with the application shows the proposed solar panels in relation to surrounding roadways. The panels will face TH 97, and will be located below the top of the grade of the site area between the array and TH 97, so that they should not be visible from TH 97. The array will be set -back 150 feet from the roadway right-of-way, 250' from the centerline of TH 97, and approximately 600 feet from the nearest residential structure to the south. Sunlight reflecting from the panels at 90' to the panel surface would be directed toward the sky, and would not be directed toward the roadway or buildings to the south (see attached sketch). Forest Lake Holdco Solar Garden CUP Page 7 October 20, 2015 Scandia City Council The Planning Commission discussed the location of the array in relation to the roadway structures, and additional screening of at least 40% of the view of the site along MN 97 and Manning Trail to address the ordinance requirements. The Planner has included conditions to prevent glare and to require screening _ base on the Planning Commission's recommendations. Wastewater Treatment No wastewater treatment is needed for the proposed Community Solar Garden. Land Alteration, Grading, and Stormwater Management The Planner sent a copy of the application to the Comfort Lake -Forest Lake Watershed District (CLFLWD) and to the City Engineer for review. The Watershed District provided the following comment: "This project will require a CLFLWD permit and review (erosion control and possibly stormwater management). I believe this has already been communicated to the applicant." The City Engineer provided the following comments on the application: 1. Proposed project will disturb fifty (50) cubic yards or more and/or disturb 1,000 square feet or more along with clearing trees. This will require a Grading/Land Alteration Permit Application. The following items should be added to the construction plans: a. Northern portion of project site will require grading and minor tree removal to install access road. The existing grades in this area will drain to the north. Perimeter erosion control shall be added to the northern project boundary limits. 2. In the event emergency medical services are needed on the site to attend to maintenance workers or other unforeseen conditions the following should be discussed and potentially revised: a. As shown on plan sheet C3.0 the gravel access drive is proposed as 16 feet in width, this distance should be increased to 20 feet in width. b. A secondary driveway access should be added to CSAH 15/Manning Trail to prevent a single entrance to a site that is well -over a distance of 2300 feet in length. 3. Site access/driveway locations should be reviewed by the road authority for final approval and to require necessary permits which should be obtained and submitted to the City. 4. On plan sheet 53.0 a perimeter fence is shown to be installed. Location of fence on site plans has not been labeled, but on plan sheet E-100 it appears symbols for the fence alignment have been shown. Proposed alignment of fence needs to be revised to avoid encroaching within the MnDOT/Hwy 97 right-of-way and the 50' setback along CSAH 15A/Manning Trail 5. Site plans show a gas main through the property and within the project limits. Work shall be coordinated and any necessary agreements executed with the easement owner. 6. All site work shall be in compliance with the rules of the Watershed District. The Planner has included a condition that the applicant shall comply with the Watershed District and City Engineer's comments. Forest Lake Holdco Solar Garden CUP Page 8 October 20, 2015 Scandia City Council Wetlands The site plan shows two delineated wetlands on the site. The applicant submitted the Wetland Delineation that was completed for the site and approved by the agency Technical Evaluation Panel, which included Washington Conservation District (WCD) and Watershed District staff. The Wetland Delineation noted that in addition to the 2 jurisdictional wetlands on the site, there are some other wet areas that are defined as "incidental" wetlands that were created as a result of the mining activities that occurred on the site. Jed Chesnut of the WCD provided the following information related to the wetland delineation and status of the incidental wetlands: "The TEP reviewed the wetlands on Tuesday and generally agreed with the boundaries (a couple of minor changes were made). All but two of the wetlands are `incidental' to the mining and other site activities and therefore not regulated under WCA. Two wetlands are natural and historic, therefore subject to regulation. This classification of incidental was proposed in the wetland application and the TEP concurred with this based on a review of historic aerials as well as the site history." Based on the wetland delineation report and TEP conclusions, the solar facilities are not allowed within the two regulated wetlands on the site, but are permitted within the "incidental" wetland areas. The applicant is required to maintain the City's 75' wetland buffers around the regulated wetlands. The applicant has identified the regulated wetlands and required wetland buffers on the site plan. The Planner has included a condition that the applicant identify the boundaries of the wetland buffers in the field prior to construction of the facilities on the site. Signage The Solar Systems ordinance requires that the applicants place a clearly -visible warning sign concerning voltage at the base of all pad -mounted transformers and substations. Mechanical equipment shall be completely enclosed by a minimum 8-foot high fence with a self-locking gate. The Planner has included a condition that the site shall comply with ordinance requirements for warning signage and equipment safety. Fencing The site plan shows a proposed fence around the solar array. The site plan suggests that the fence will be approximately 6 feet in height. The Development Code requirements related to fencing on the site include the following: The side of the fence considered to be the face shall face the abutting property. No fence shall be constructed on the public right-of-way. Fences which exceed 6-feet in height are permitted by an Administrative Permit, except in a yard area abutting a road right-of-way. No fence shall exceed 12 feet in height. Fences may be placed along a property line provided no physical damage of any kind results to abutting property. Forest Lake Holdco Solar Garden CUP Page 9 October 20, 2015 Scandia City Council The Planner has included a condition for approval of the CUP that the applicants comply with the fencing requirements of the Development Code and the Solar Ordinance. The applicants shall obtain an Administrative Permit for the boundary fence if it exceeds 6 feet in height. Environmental Issues The generation of solar energy on the site involves no moving parts, will not use water, and will not produce emissions. The applicant indicated that based on the grades on the site, the site should not generate glare that will impact surrounding properties. The applicants will need to comply with Watershed District and City regulations related to stormwater management and erosion and sediment control. There are no rare species or conservation areas located within the project area or within one-half mile. The existing vegetative cover includes a fallow field, oat crop, wetland areas, and a hayfield. Based on the information and plans provided, the proposed construction and operation is not expected to have environmental impacts on the site or surrounding area. Interconnection Agreement and Liability Insurance The Solar Systems Ordinance requires the applicant to complete an interconnection agreement with a local utility and provide a copy of the agreement to the City before approval of electrical building or other required permits, and that the system operator shall provide a visible external disconnect if required by the utility. The application states that the project is working through the Xcel interconnection process, and will begin its interconnection study in September. The 50-day study period will begin in October, and is expected to be completed in December, 2015. The ordinance also requires the applicant to maintain a current general liability policy covering bodily injury and property damage with limits of at least $1 million per occurrence and $1 million in the aggregate, and provide proof that it meets the insurance requirement to the City. The Planner has included conditions for approval of the CUP that require the applicant to complete an interconnection agreement with the local utility and submit a copy of the agreement to the City before permits will be issued, and that the applicant submit proof on insurance that meets the ordinance requirement. Decommissioning Plan The ordinance requires the applicant to submit a decommissioning plan to ensure that the facilities are properly removed after their useful life. The applicant has submitted a detailed decommissioning and site restoration plan that meets the ordinance requirement. The City may require an escrow or letter of credit from the owner or operator to ensure decommissioning. The City Attorney and City Administrator have recommended that the City require an escrow or letter of credit equal to 125% of the cost the decommissioning plan. The Planner has included a condition that the Forest Lake Holdco Solar Garden CUP Page 10 October 20, 2015 Scandia City Council applicant provide a letter of credit or escrow to the City equal to 125% of the cost of the decommissioning plan. FINDINGS FOR THE CONDITIONAL USE PERMIT Based on the application and analysis completed by City and agency staff, the Planner's findings related to the criteria for approving a Conditional Use Permit a Community Solar Garden at the proposed site included the following: Impact of the proposed use on the health, safety and general welfare of the occupants of surrounding lands. 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 be required to obtain permits from MnDOT and Washington County for roadway use. The use will not create noise impacts on surrounding areas. The topography of the site and location of the solar arrays in a position that is lower than the surrounding site on the south side should prevent glare impacts to adjacent properties. The proposed use will not impact the health, safety or general welfare of the occupants of surrounding properties. 2. Existing and anticipated traffic conditions, including parking facilities, and impacts The site is currently vacant and generates little or no traffic. The proposed use will create traffic during construction. After construction, the site will generate a minimal number of trips in and out to maintain the facility. The applicant is required to obtain access permits from MnDOT and Washington County, and abide by the conditions of the permits. The use does not require dedicated parking. The proposed use will not have negative traffic impacts on adjacent roadways. 3. Effect of the proposed use on utility and school capacities The proposed use will help 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. Effect of the proposed use on property values and scenic views The proposed solar array would be positioned in a location on the parcel where 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. The proposed use will not have a negative impact on adjacent property values or scenic views. S. Relationship to the Comprehensive Plan Forest Lake Holdco Solar Garden CUP Page 11 October 20, 2015 Scandia City Council The proposed use is within the Agriculture Core district, but located on a site where soils are of marginal value for agriculture due to the past uses on the site. The Comprehensive Plan encourages the use of renewable, local and diverse forms of energy to help to meet Minnesota's climate protection goals. The proposed use is consistent with the goals and strategies in the Comprehensive Plan. 6. Ability of the proposed use to meet the standards of the Development Code 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. Effect of the proposed use on groundwater, surface waters and air quality 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 or the required wetland buffer areas. The project will not impact air quality. The proposed use will not have negative impacts on groundwater, surface waters or air quality. 8. That the proposed use is allowed with a conditional use permit in the designated zoning district in which it is proposed. The proposed use is allowed with a conditional use permit in the Agriculture Core District. The findings support granting the Conditional Use Permit PLANNING COMMISSION PUBLIC HEARING AND RECOMMENDATIONS The Planning Commission held a public hearing on the Solar Garden CUP application at its meeting on October 6. The Commission received comments that included the following: Concerns about potential lights at night. The applicants responded that the site will not be lighted at night. Screening from TH 97 and Manning Trail. The Commission discussed the issue and included conditions related to site screening. Site fencing. The maximum fence allowed without a permit would be six feet in height. The applicants indicated that they plan a low field -type fence that would be less than six feet high. Access concerns. Staff noted that MnDOT has required that access to the site be from Manning Trail. Concerns about impacts to property values. The applicants stated that solar gardens are a new use, and there are no objective studies of potential property value impacts. They noted that the use does not create noise or pollutants that could impact adjacent uses. Concerns about potential traffic. The applicants stated that after construction is complete, there will be only a few vehicles accessing the site each month for facility maintenance. Forest Lake Holdco Solar Garden CUP Page 12 October 20, 2015 Scandia City Council Will headlights reflect from the panels? The applicants indicated that the panels are designed to absorb rather than reflect light. Are there photos of similar facilities? The applicants stated that they would provide photos of similar solar facilities that would be available for the City Council meeting. Are there fire hazards associated with the panels? What happens if they are damaged? If the panels are damaged a fuse is blown, the row of panels stops working, and the problem is monitored remotely. There is no fire danger. What happens after the 30-year lease? The land owner could renew the lease, or the solar garden could be dismantled and the property could be used in any way permitted by the Development Code at the time. Several residents spoke in support of the proposed Solar Garden, and asked questions about how they could purchase electricity from the facility. The applicants provided a summary of how the electricity purchases could work for local residents. The Commission discussion focused on screening for the site from TH 97 and Manning Avenue. They concluded that the applicant should preserve the existing vegetative screen along TH 97, and submit a landscape plan that would provide for screening of approximately 40% from the view from TH 97 and 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 could be reviewed and approved administratively. One Commissioner expressed concerns that the review process happened quickly, and that he thought a higher level of screening should be required. The Planner added a condition that the applicant shall submit a landscape plan for administrative approval that provides for screening of approximately 40% of the view of the site from MN 97 and from Manning Avenue and addresses the Plannine Commission's aesthetic criteria. The applicants asked about whether grading or construction could begin in the Fall of 2015, before the interconnection agreement is finalized. The Planner noted that the ordinance requires that the interconnection agreement be submitted to the City before any permits can be issued in order to protect the city if the site is graded or altered and then abandoned. The Planner will ask the City Attorney for his comments on whether there are options for starting work in the fall, and whether it is wise for the City to permit this before the applicants obtain the interconnection agreement. The Planning Commission voted to recommend approval of the CUP with conditions. ACTION REQUESTED: The City Council can recommend the following: 1. Approve the request. 2. Approve the request with conditions. 3. Deny the request with findings. 4. Table the request. PLANNING COMMISSION RECOMMENDATIONS: Forest Lake Holdco Solar Garden CUP Page 13 October 20, 2015 Scandia City Council The Planning Commission recommends that the City Council approve a Conditional Use Permit for a Community Solar Garden on parcel number 18.032.20.33.0001 located at the northwest corner of TH 97 (Scandia Trail North) and County Road 15A (Manning Avenue). The Commission recommends the following conditions for the CUP: 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. 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: Forest Lake Holdco Solar Garden CUP Page 14 October 20, 2015 Scandia City Council 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.