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4.b 4 PC Resolution 4.5.16.01 SunriseEnergySolarFarm CUP CITY OF SCANDIA, MINNESOTA PC RESOLUTION NO. 04-05-16-__ APPROVING A CONDITIONAL USE PERMIT FOR A SOLAR FARM LOCATED ON PARCELS 190.322.0110003 AND 200.322.0220001 AND LOCATED SOUTH OF STATE TRUNK HIGHWAY 97, BETWEEN MANNING TRAIL NORTH AND LOFTON AVENUE NORTH; WHEREAS, Sunrise Energy Ventures has made an application for a Conditional Use Permit for a Solar Farm to be located on Parcels Numbered 190.322.0110003 and 200.322.0220001 located south of State Trunk Highway 97 (Scandia Trail North) and between Manning Trail North and Lofton Avenue North, and owned Kevin and Suzanne Nickelson and Daniel and Judith Booren; and WHEREAS, the property is legally described as follows: Parcel #190.322.0110003: NE1/4-NE1/4 S19 T32 R20 EXC 50 FT STRIP IN WIDTH OVER & ACROSS SD ¼-1/4 CONVEY TO POWER CO EXC; COMM AT PT ON E LINE OF SD ¼-1/4 2 RDS S OF NE COR OF SD ¼-1/4; THN S ON SD LINE 11 RDS; THN W PAR WITH N LIN OF SD ¼-1/4 15 RDS; THN N PAR WITH E LINE OF SD ¼-1/4 11 RDS TO PT 2 RDS S OF N LINE OF SD ¼-1/4 THN E PAR WITH N LINE OF SD ¼-1/4 15 RDS TO POB EXC N 825 FT OF W 300FT OF E ½-NE/14 OF SD SEC SUBJ TO AG PRES TO EXPIRE ON 11/09/2012 SECTION 19 TOWNSHIP 032 RANGE 020; and Parcel #200.322.0220001: S ½-N ½-NW ¼ EXCEPT PT NE ¼-NW ¼ & Pt SE ¼-NW ¼ BEING THE E 65FT OF S 561FT OF NE ¼-NW ¼ SD SEC 20 & E 65FT OF N 151FT OF SE ¼-NW ¼ SD SEC 20 SECTION 20 TOWNSHIP 032 RANGE 020; and WHEREAS, the Planning Commission reviewed the request for a Conditional Use Permit at a duly noticed Public Hearing on April 5, 2016, and NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SCANDIA, WASHINGTON COUNTY, MINNESOTA, that it should and hereby does recommend approval of a Conditional Use Permit to develop a Solar Farm on Parcels Numbered 190.322.0110003 and 200.322.0220001, located south of TH 97, between Manning Trail North and Lofton Avenue North , based on the following findings: 1. 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 use will create minimal traffic, and Resolution No.: 04-05-16-__ Page 2 of 4 be required to obtain permits from MnDOT for access. The use will not create noise impacts on surrounding areas. The conditions of approval for the CUP include requirements to maintain existing vegetation that will screen the solar farm from views from nearby homes. 2. The existing and anticipated traffic conditions will not negatively impact roadways. 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 conditions requite the applicant to screen the site from view from TH 97 and maintain existing vegetative screening to protect adjacent properties from potential glare. The proposed use 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 shoreland areas near the proposed solar array. 8. The proposed use is allowed with a Conditional Use Permit in the Agriculture Core and Agriculture Preserves Districts. 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 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. Resolution No.: 04-05-16-__ Page 3 of 4 4. The proposed driveways shall be setback a minimum of five (5) feet from the parcel boundaries. 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. Resolution No.: 04-05-16-__ Page 4 of 4 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. 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. Adopted by the Scandia Planning Commission this 5th day of April, 2016. ______________________________ Christine Maefsky, Chair ATTEST: _________________________________ Neil Soltis, Administrator/Clerk