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4.b 1 SunriseEnergyVenturesSolarFarmCUP PC 3.2.16444 Cedar Street, Suite 1500 Saint Paul, MN 55101 (651) 292-4400 (651) 292-0083 Fax www.tkda.com MEMORANDUM To: Scandia Planning Commission Reference: Sunrise Energy Ventures Solar Farm CUP Neil Soltis, Administrator Copies To: Brenda Eklund, Clerk Ryan Goodman, PE, City Engineer Dean Leischow, SEV, applicant Kevin and Susan Nickelson, owners Daniel and Judith Booren, owners Katrina Nygaard, Stantec, consultant From: Sherri Buss, Planner RLA AICP Proj. No.: 16022.005 Date: March 21, 2016 Routing: SUBJECT: Sunrise Energy Ventures Conditional Use Permit (CUP) Request for a Solar Farm MEETING DATE: April 5, 2016 LOCATION: Parcel ID numbers 190.322.0110003 and 200.322.0220001—located south of TH 97 (Scandia Trail North) between County Road 15A (Manning Avenue) and Lofton Avenue APPLICANT: Dean Leischow Sunrise Energy Ventures MN 1, LLC 601 Carlson Parkway, Suite 1050 Minnetonka, MN 55305 OWNERS: Kevin and Susan Nickelson & Daniel and Judith Booren 11262 Scandia Trail North 11522 Mayberry Trail North Scandia, MN 55073 Marine on St. Croix, MN 55047 ZONING: Agriculture Core (AG C), Agriculture Preserves (AP), and Shoreland District Public Waters Wetland 61w (Unnamed) 1200-DAY PERIOD: June 11, 2016 ITEMS REVIEWED: Application, Revised Plans (3/16/16), and supporting materials received February 11 and March 16, 2016 Sunrise Energy Ventures Solar Farm CUP Page 2 April 5, 2016 Scandia Planning Commission BRIEF DESCRIPTION OF THE REQUEST: The applicant is requesting a Conditional Use Permit (CUP) to develop a Solar Farm on two parcels south of Trunk Highway 97 (Scandia Trail North), between Manning Trail North and Lofton Avenue North. The subject properties are located in the Agriculture Core (AG C) and Agriculture Preserves (AP) Zoning Districts, and include approximately 70 acres. The property located in the AP District is no longer enrolled in the Agricultural Preserves program. A portion of the site is located within the Shoreland Overlay Zone for Public Waters Wetland 61w, an unnamed wetland. BACKGROUND AND PROJECT DESCRIPTION: Sunrise Energy Ventures, the applicant for the CUP, is proposing to build, own, and operate a solar farm on the two parcels identified in the application. The solar farm would be five megawatts in size. The application submittals included photos of solar arrays that are similar to those proposed for this site. The site is adjacent to agricultural and large-lot residential uses. Several wetland areas exist to the east and west of the site. The Existing Conditions Site Plan shows that the two parcels are relatively flat, with steeper grades at the east end of the site, beyond the proposed location of the solar array. Site Plan. The Proposed Conditions Site Plan shows the proposed location of the solar array on the site. The site access is proposed to be a driveway at TH 97 (Scandia Trail North), at the northeast corner of parcel 190.322.0110003. The application states that the solar array will be tilted and will not exceed 10 feet in height. The panels will track the sun throughout the day. In the morning, they will face east and in the afternoon they will face west. At night the panels “sleep” facing directly up and are in the shape of a “T”. The site plan shows several small inverter stations and a security fence in addition to the access drives and the solar array. The applicant stated that the array will have a vegetated ground cover consisting of a mix of low-maintenance native grasses and forbs. 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 Sunrise Energy Ventures Solar Farm CUP Page 3 April 5, 2016 Scandia Planning Commission  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) and Agriculture Preserves (AP) Districts will be agricultural production. The plan encourages other uses that are consistent with agricultural use. The Comprehensive 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 from fossil fuel scarcity and price increases, and help meet Minnesota’s climate protection goals. The plan includes a number of implementation 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, AP, and General Rural (GR) Districts to help to implement the goals and strategies in the Comprehensive Plan. Solar farms and gardens are permitted in the AP District on parcels no longer enrolled in the Agricultural Preserves program, or where the enrollment agreement permits this use. The request is consistent with the goals of the Comprehensive Plan. 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, and the minimum parcel size in the AP District is 40 acres. The Development Code requires a minimum road frontage of 300 feet for parcels that are 4.0 acres or larger. The proposed solar array is located on two parcels with a total of 70 acres and over 700 feet of frontage on TH 97. The request meets the lot size and frontage requirements. Setbacks The AG C District, AP 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)  20 feet side  50 feet rear The proposed structure setbacks are shown on the Proposed Site Plan (Sheet # S2.0) as follows:  Approximately 400 feet from the centerline of TH 97  50 feet from the rear parcel boundary  40 feet from the western parcel boundary and approximately 380 feet from the eastern boundary Sunrise Energy Ventures Solar Farm CUP Page 4 April 5, 2016 Scandia Planning Commission The City’s Engineering Standards require that private driveways be setback a minimum of 5 feet from property boundaries. The applicant stated that the two parcels will be combined, so that no side setbacks are required at the existing boundaries between the two parcels. The proposed setbacks for the solar array appear to meet the Development Code requirements. The setback of the driveways is not indicated on the site plan. The Planner has included conditions that require that the parcels be combined, that the proposed driveways shall be setback a minimum of five feet from the property boundaries, and that the applicant shall stake the setbacks for the arrays and driveways in the field so that the setbacks can be verified by 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. The solar array and fence are the only structures proposed on the site. Structure Height The Development Code (Solar Ordinance) permits a maximum height of 15 feet for the solar structures. The application states that the maximum height of the solar panels will be 10 feet. The proposed structures meet the height requirement. Lot Coverage The maximum allowable lot coverage is 25% in the AG C and AP Districts. The Carnelian-Marine-St. Croix Watershed District stated in comments on previous solar facility projects that solar arrays designed without permanent foundations and with vegetative cover under the array will not be counted as impervious area. The applicant stated that the proposed array will be erected on posts without permanent foundations so that it may be removed in the future. The area under the array will be planted with a perennial vegetative ground cover including native grasses and forbs. Many of the species in the proposed mix are identified as pollinator-friendly. 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 the Site Plan. There is no existing impervious coverage on the parcels. The City Engineer recommended that the width of the proposed access road and driveways be increased to 20 feet to meet public safety requirements. The Planner calculated the impervious area of the parcels based on the Engineer’s recommendation, and estimated that it will be approximately 5% after development of the solar farm. 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 the City Engineer, and requested that they provide comments and recommended conditions for the CUP. Sunrise Energy Ventures Solar Farm CUP Page 5 April 5, 2016 Scandia Planning Commission The Planner asked the applicant to estimate traffic levels during construction and operation of the solar farm. SEV estimated that there will be between 15 and 35 large trucks used daily for equipment and delivery during construction. Light-duty trucks will also be used on a daily basis for transportation of construction workers to and from the facility. Construction will last about 180 days, with much of the significant excavation and construction completed in 90 days. The expected service life of the facility is 25-30 years, and SEV estimates that the project will require 1-2 permanent workers to operate and maintain the project. After construction is complete and the site is operating, the operations and maintenance staff will access the site with 1-2 vehicles on a daily basis. Several more workers may be at the facility during major maintenance activities, 2-4 times each year. The City Engineer provided the following comments regarding the proposed access:  Right-of-way shall be secured and recorded along the entire northern boundary of the property (Parcel ID: 190.322.0110003), consistent with parcel ID 200.322.0220002, and reviewed and approved by MnDOT.  Site access proposes a new access to Hwy 97. This access point shall be reviewed and approved by MnDOT. If access is allowed, driveway apron/culvert if necessary must comply with MnDOT requirements. The Planner included the Engineer’s recommendations in the proposed conditions for approval. The Planner has not received comments from MnDOT to date, and will present any comments received at the Planning Commission meeting on April 5. 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.” Sunrise Energy Ventures Solar Farm CUP Page 6 April 5, 2016 Scandia Planning Commission TH 97 is approximately 400 feet to the north of the portion of the array that is nearest to the roadway. There is no existing screening between TH 97 and the parcels where the array would be located. Homes are adjacent to the proposed solar farm on parcels that are north and east of the site. The array will face east to west during the day as it tracks the sunlight, and the greatest potential for visibility and glare is likely to be toward the east, west, and south. Screening from public right-of-way. The solar array will be visible from TH 97, and needs to be screened to meet the ordinance requirements. The applicants proposed a fence to screen the site, but the ordinance requires that screening should consist of berming, existing vegetation, new landscaping, or a combination of those elements. MnDOT may also requiring screening for this project, as it did for the Forest Lake Holdco community solar garden on Highway 97. City staff noted that there are a large number of conifers on the Booren parcel that will need to be removed to accommodate the solar farm. One option for screening the site would be to transplant these conifers to screen the site on the west and north sides so that it is not visible from TH 97. The conifers appear to be about 10 feet tall, and would provide an “instant” screen for the solar farm. The applicants may provide a landscape plant that proposes transplanting existing vegetation or another alternative that meets the ordinance requirements for screening. The Planner has included a condition for approval of the CUP that the applicant shall provide a landscape plan for City approval to screen the site from view from TH 97 that meets the ordinance requirements. The City will need to approve a landscape and screening plan before it may issue a building permit for the solar farm. Screening from adjacent properties. The ordinance requires that the solar farm be screened to prevent glare impacts to adjacent properties. The panels for this array will track from east to west as they follow the course of the sun during the day. Wooded areas exist between the homes to the north and east and the proposed solar farm. The application states that the forested area to the northeast and east areas of the project will be maintained to provide screening for those properties. The application includes photo renderings illustrating the proposed screening. The application states that the applicant is willing to work with nearby residents on visual concerns. There are also two homes approximately 1,000 from the site to the south, with little existing screening between the proposed solar farm and those homes. The properties are owned by the Boorens. The applicant states that the proposed fence will provide screening for properties to the south. The Planning Commission should discuss the location of the array in relation to nearby properties that are within view of the solar farm, and discuss whether additional screening or information are needed to address the ordinance requirements. The Planner has included conditions that the community solar garden shall be designed, located, and screened to prevent reflective glare toward any inhabited buildings on adjacent properties and adjacent street rights-of-way, and that existing wooded areas east of the array shall be maintained. Wastewater Treatment No wastewater treatment is needed for the proposed solar farm. Sunrise Energy Ventures Solar Farm CUP Page 7 April 5, 2016 Scandia Planning Commission Land Alteration, Grading, and Stormwater Management The Planner sent a copy of the application to the Carnelian-Marine-St. Croix Watershed District and to the City Engineer for review. The Watershed District provided the following comment: “The District Engineer has reviewed the plans and has advised that the project will require a CMSCWD permit for Stormwater Management and erosion control due to the quantity of new roads on the site.” The City Engineer provided the following comments related to grading and stormwater management: 1. The 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. The proposed locations of grading activity and submittal of a grading plan. b. An erosion and sediment control plan shall be prepared for construction activities. 2. The proposed gravel access roads need to be revised to a minimum 20 feet in width to meet the public safety requirements and a typical section of the gravel access road that supports emergency medical vehicles shall be shown on the plans. 3. Site drainage will be reviewed upon completion of the grading plan, and with the configuration of the proposed access roads it would be anticipated that culvert installation will be required. The applicant will need to submit additional information for the Engineer’s review to ensure that water will not ponding on the access roads which will make them soft and most likely not maneuverable for heavy emergency medical vehicles. 4. All site work shall be in compliance with the rules of the Watershed District. The Planner has included the following conditions based on the CLFLWD and Engineer comments:  The applicants shall obtain all required Watershed District permit(s) for the project.  The applicants shall address all of the City Engineer comments included in his letter dated March 23, including obtaining the required Grading/Land Alteration permit, securing right-of-way on the northern parcel boundary, increasing the access road width to 20 feet, addressing drainage issues on access roads, and obtaining required permits.  The applicants shall obtain all required MnDOT permit(s) for driveway access. Shoreland and Wetland The site plan shows the boundary of the Shoreland area. The City’s ordinance prohibits solar farms and gardens within the Shoreland Overlay District and within wetlands. The proposed solar farm is outside the Shoreland area. The site plan shows wetlands identified by the National Wetland Inventory near the solar farm site. There are wetlands near the southeast corner of the project site. The Planner contacted Jed Chesnut of the Washington Conservation District to review the site plan and identified wetlands. Jed’s comments included the following:  I have reviewed the solar farm project. The smaller of the two mapped NWI wetlands appears to be off the property and the topography of the landscape associated with that wetland supports this Sunrise Energy Ventures Solar Farm CUP Page 8 April 5, 2016 Scandia Planning Commission conclusion. The larger of the two mapped NWI wetlands is definitely on the property. However, it looks like the project is located well away (approx. 300 feet) from the wetland. I don’t see any other potential wetlands on the site other than those shown on the application figures. This is based on o The soil of the upland fields consists primarily of well- and excessively-drained sandy loam and the topography is mostly flat. o The shrubs within the shelter belts are mostly amur maple, which is an upland species. o There are no definitive signatures in aerial imagery that would suggest wetlands within the proposed solar array project area.  Based on my review and the location of the solar array, I don’t think a delineation would be required for this project. Please let me know if you have questions or need additional information. 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 Planner requested additional information about the proposed fence, and the applicant responded that “the fence will be a total of 7’ tall (6’ fence + 3 strands of barbed wire which is an additional foot).” The Development Code includes the following fence requirements that are applicable to this site:  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. 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 proposed boundary fence. Environmental Issues The generation of solar energy on the site will not use water, and will not produce noise or emissions. The applicants will need to comply with Watershed District and City regulations related to stormwater management and erosion and sediment control, and comply with ordinance requirements and conditions to prevent glare. Existing data sources indicate that there are no rare species or conservation areas located within the project area or within one-half mile. Based on the information and plans provided and proposed conditions for Sunrise Energy Ventures Solar Farm CUP Page 9 April 5, 2016 Scandia Planning Commission approval, 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 included a copy of the proposed Interconnection Agreement with Xcel Energy and a copy of the applicant’s Certificate of Liability Insurance. 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 the 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 maintain liability 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 plan includes a cost estimate of $133,200 to complete the decommissioning tasks. 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 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. 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: 1. 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 Sunrise Energy Ventures Solar Farm CUP Page 10 April 5, 2016 Scandia Planning Commission obtain permits from MnDOT for roadway use. The use will not create noise impacts on surrounding areas. The conditions for approval of the CUP include requirements to maintain existing vegetation that will screen the solar farm from views from nearby homes. Based on the conditions required for approval and operation of the Solar Farm, 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 in agricultural use and generates little or no traffic. The proposed use will create traffic during construction. The applicant estimates that the site will generate approximately 15-35 trips per day during construction of the Solar Farm. After construction, the site will generate a few daily trips in and out to maintain the facility. The number of trips is within the capacity of TH 97. The applicant is required to obtain access permits from MnDOT, and abide by the conditions of the permits. The use does not require dedicated parking. Based on the estimated traffic levels and need to obtain the required MnDOT permit, 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 will be approximately 400 feet south of TH 97, the closest public roadway. The conditions require the applicant to complete a landscape plan to screen views from TH 97, and maintain existing vegetative screening to protect adjacent residential properties from potential glare. The proposed use will not produce noise, emissions or other impacts that would negatively affect property values. With the required conditions for approval, the proposed use will not have a negative impact on adjacent property values or scenic views. 5. Relationship to the Comprehensive Plan The proposed use is within the Agriculture Core (AG C)and Agriculture Preserves (AP) Districts. The Comprehensive Plan supports long-term agriculture and uses related to agriculture in these districts. The city’s Solar Ordinance permits the proposed use in the AG C and AP Districts. The Plan also 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 Sunrise Energy Ventures Solar Farm CUP Page 11 April 5, 2016 Scandia Planning Commission 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 Solar Farms 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. Based on the conditions required for approval and operation of the Solar Farm, 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 AG C and AP Districts. ACTION REQUESTED: The Planning Commission 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 STAFF RECOMMENDATIONS: The Planner recommends approval of a Conditional Use Permit for a Solar Farm on parcels 190.322.0110003 and 200.322.0220001 located south of TH 97 (Scandia Trail North) and between County Manning Trail North and Lofton Avenue North. The Planner recommends the following conditions for the CUP: 1. The project shall be in substantial compliance with the plans submitted to the City on March 16, 2016, and shall submit updated plans to the City to address the items identified for review and approval by the Engineer in these conditions before a building permit shall be approved for the project. 2. The Solar Farm 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. 3. The property owners shall combine the two parcels where the array is located and provide documentation to the City that the parcels have been combined before a building permit shall be issued for the solar farm. 4. The proposed driveways shall be setback a minimum of five (5) feet from the parcel boundaries. Sunrise Energy Ventures Solar Farm CUP Page 12 April 5, 2016 Scandia Planning Commission 5. The applicant shall stake the setbacks for the solar arrays and driveways in the field so that the building inspector can verify the setbacks. 6. The solar farm shall be designed, located, and/or screened to prevent reflective glare toward any inhabited buildings on adjacent properties and adjacent street rights of way. 7. The applicant shall provide a landscape plan for City approval to screen the site from view from TH 97 that meets the ordinance requirements. The City shall approve the landscape plan before it may issue a building permit for the project. 8. The applicant shall maintain existing wooded areas on the east side of parcel 200.322.0220001to screen the solar farm from view from adjacent residential structures. 9. All new lighting and signage at the site shall meet the Development Code lighting requirements. 10. The applicant shall obtain the required Watershed District permit(s). 11. The applicant shall obtain the required Grading/Land Alteration Permit from the City. 12. The applicant shall obtain all necessary permits and approvals from MnDOT for the proposed access at TH 97. 13. The applicant shall address the City Engineer’s comments included in his letter dated March 23, 2016, including:  The applicant shall secure and record right-of-way for access along the entire northern boundary of the property (Parcel ID 190.322.0110003), consistent with parcel ID 200.322.0220002, and reviewed and approved by MnDOT.  The new access point at TH 9 shall be reviewed and approved by MnDOT. If access is allowed, all driveway apron/culverts needed must comply with MnDOT requirements.  The applicant shall revise the plans to increase the size of the proposed gravel access roads to a minimum twenty (20) feet in width to meet the public safety requirements, and shall show a typical section of the gravel access road on the plans to support emergency medical vehicles.  The Engineer shall review site drainage based on the Grading Plan and with the configuration of the proposed access roads, including culvert locations. The applicant shall submit design the drainage on the site and submit information to show that water will not pond on the access roads to preclude use by emergency medical vehicles.  All site work shall be in compliance with the rules of the Watershed District. 14. The applicant shall obtain a Grading/Land Alteration Permit from the City. The applicant shall identify the proposed locations of grading activity on the grading plan, and shall include an erosion and sediment control plan for construction activities in the application. 15. The applicant shall address MnDOT’s comments included in its letter dated _____. 16. 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. 17. 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. Sunrise Energy Ventures Solar Farm CUP Page 13 April 5, 2016 Scandia Planning Commission 18. The applicant shall submit proof to the City that it has obtained and maintains general liability insurance that meets the ordinance requirement. 19. The applicant shall provide the warning signs at the site that are required by the City’s Solar Systems Ordinance. Design, locations and specifications of signs shall conform to the Development Code. 20. 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. 21. Any expansion of the Solar Farm shall require an amended conditional use permit. 22. The applicant shall pay all fees and escrows associated with this application.