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08. PC Staff Report - Solar Ordinance Amendment TKDA ® | 444 Cedar Street Suite 1500 | Saint Paul, MN 55101 651.292.4400 • tkda.com An employee -owned company promoting affirmative action and equal opportunity. Memorandum To: Scandia Planning Commission Reference: Lubke Ordinance Amendment – Solar Copies To: Brenda Eklund, Clerk Ken Cammilleri, City Administrator Michael Lubke, Applicant Project No.: 18108.000 Lubke Ordinance Amendment - Solar From: Evan Monson, Planner Routing: Date: December 3, 2021 SUBJECT: Request to amend the Development Code regarding requirements of solar energy systems and to allow distribution solar energy systems within the Shoreland Overlay zoning district MEETING DATE: December 7, 2021 APPLICANT: Michael Lubke ITEMS REVIEWED: Draft redline of Ordinance with proposed changes from Applicant DESCRIPTION OF THE REQUEST The applicant is requesting to make some changes to the current requirements for solar energy systems. Such systems, referred to as SES in the Development Code, were last updated in Ordinance #210 in 2019. The requirements for a SES are located within Chapter Two of the Development Code. The latest changes defined two different types of solar energy systems: a local SES and a distribution SES. A local SES would serve a customer on-site, such as a homeowner having a solar panel on their roof power their house. A distribution SES would be a larger, commercial sized project that would serve power to customers off-site. Solar Farms or solar gardens are usually the term s used to describe these larger solar developments. The applicant is proposing multiple changes to the requirements. The first change would be to permit distribution SES in areas within the Shoreland Management Overlay District, if the site is able to meet certain criteria. Currently, no distribution SES are permitted within the Shorelan d Overlay. The second change would be to revise the screening requirements for distribution SES to include a ‘scenic canvas’ and other options that may help alleviate issues with screening and visibility. Other changes would include allowing the growing of crops underneath solar panels; currently grasses and native plantings are typically installed under solar panels. Included for review is the redlined draft of the ordinance with the proposed changes. Lubke Ordinance Amendment Staff Report December 7, 2021 Scandia Planning Commission Page 2 STAFF COMMENTS Comments from DNR As part of the amendment request would allow distribution solar in areas within the Shoreland Overlay, the Shoreland Management chapter of the Development Code would need to be amended. Amendments to the Shoreland Management regulations requires notification of the proposed change be sent to the state Department of Natural Resources (DNR) for review and comment. The city sent copies of the proposed change to the DNR to review. The DNR has a ‘model ordinance’ for municipalities to adopt and use for shoreland management regulations, which our ordinance is based off of. The model ordinance does allow solar facilities as a principal use on any lands within the shoreland overlay through a Conditional Use Permit (CUP). In discussions with the area hydrologist, allowing the proposed changes as a conditional use is preferred. The changes/revisions that the DNR would recommend would be to clarify the amendment language to ensure parcels zoned AG C around Falls Creek are not opened up to Distribution SES, and to clarify that the scenic canvas is a temporary/short- term screening option to use while vegetation and plantings grow. The DNR was working on sending a letter of conditional approval to the city at the time of writing this staff report. Comments from Attorney Staff discussed the proposed changes with the City Attorney. The criteria requirement for allowing distribution SES in certain areas within the Shoreland Overlay was noted as being different than that used in other communities. Since the proposed change would allow the use in more than just an individual parcel, the request would not be considered spot zoning. EVALUATION OF REQUEST Changes from Current Requirements The proposed changes would be different than the current regulations on the books. The biggest change would be allowing distribution solar development on parcels within the Shoreland Overlay zone as a conditional use if certain criteria are met. That criteria would be:  The waterbody within the Shoreland Overlay District must be completely encapsulated by land within the AG C zoning district.  All structures and facilities must not impact views from public waters, and views to water bodies from public throughways through screening requirements found in subsection (4) of this Section.  Vegetation removal shall follow the requirements of Chapter 5, Section 8.2, and Chapter 2, Section 3.11 of the Development Code. This request would open up a number of parcels to potentially having distribution solar. On the following page is areas that would be meeting the newly proposed criteria: Lubke Ordinance Amendment Staff Report December 7, 2021 Scandia Planning Commission Page 3 Above, Left: Multiple parcels near the intersection of Manning and Scandia Trail. Above, Right: Multiple parcels east of Lofton Avenue, south of Bone Lake and 228th St. Left: Multiple parcels near 230th St, located east of Nolan Avenue and west of Oldfield Avenue. Lubke Ordinance Amendment Staff Report December 7, 2021 Scandia Planning Commission Page 4 While these parcels, under the proposed ordinance, could be used for solar development, such a use would require a conditional use permit (CUP), so review and approval would still be required from the Planning Commission and the City Council. Any development would also have to follow applicable setbacks from wetlands and waterbodies, which could keep the number of potential applications for these areas low. The proposed changes also include new requirements for screening of distribution SES. The current requirements use a combination of setback distances, vegetation, berms, and landscaping to screen the developments from view. The applicant is proposing an additional item to help better screen distribution SES, a ‘scenic canvas’. Said canvas would provide immediate screening, and would be attached to the fencing placed around a distribution SES. The canvas would be in place for five years, so as to provide screening while vegetation and landscaping installed on the site are growing. Currently, vegetation and landscaping take time to grow to their full heights, which can result in inadequate screening while the plantings grow. The final change proposed in the ordinance amendment is to allow additional planting options for the ground below a solar array. The option of agricultural planting, or deep rooting pasture plantings is proposed by the applicant as an alternative in addition to the current requirement. Currently, the city requires deep rooted, native grass and pollinator seed mix be planted in the areas not used for equipment. AMENDING THE DEVELOPMENT CODE Chapter One, Section 5.0 of the Development Code includes the criteria and required process for considering amendments to the Development Code, as well as amendments to the Comprehensive Plan (text or map amendments) and the Zoning Map. When reviewing an amendment to the Development Code, the Planning Commission shall consider possible effects of the proposed amendment(s). Judgment shall be based upon (but is not limited to) the following factors listed in Chapter One, Section 5.1: 5.1(5)(A): The proposed action shall be considered in relation to the specific policies and provisions of and shall be consistent with the City Comprehensive Plan, including public facilities and capital improvement plans. 5.1(5)(B): Whether the proposed action meets the purpose and intent of this C hapter or in the case of a map amendment, it meets the purpose and intent of the individual district. ACTION REQUESTED The Planning Commission can recommend to the Scandia City Council that it do one of the following: 1. Approve 2. Approve with changes 3. Deny with findings 4. Table the request Lubke Ordinance Amendment Staff Report December 7, 2021 Scandia Planning Commission Page 5 RECOMMENDATION Based on the findings of the Planning Commission, the Commission can recommend to the Council an approval or denial of the requested ordinance amendment.