7.b 1 Resolution 04 19 16 03 Sunrise Energy Solar Farm444 Cedar Street, Suite 1500
Saint Paul, MN 55101
(651) 292-4400
(651) 292-0083 Fax
www.tkda.com
MEMORANDUM
To: Scandia City Council 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: April 12, 2016 Routing:
SUBJECT: Sunrise Energy Ventures Conditional Use Permit (CUP) Request for a Solar Farm
MEETING DATE: April 19, 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 19, 2016
Scandia City Council
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 19, 2016
Scandia City Council
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 19, 2016
Scandia City Council
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 19, 2016
Scandia City Council
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.
MnDOT submitted a letter to the City on April 5 that included the following comments:
The project plans includes a new driveway access onto MN 97 near the western portion of the site.
Additionally, there is an existing driveway access extending through the site. Only one access from
MN 97 will be allowed. For consistency with MnDOT’s Access Management Manual and for
improved sight distance, all access to the site will need to be taken from the existing driveway.
Any use of or work within or affecting MnDOT right of way requires a permit.
The Planner has included a condition for approval of the CUP that the applicant must address MnDOT’s
comment included in the letter dated April 5, 2016.
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
Sunrise Energy Ventures Solar Farm CUP Page 6 April 19, 2016
Scandia City Council
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 syst em 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.”
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 and west.
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 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. The Planning
Commission discussed screening at length, and included additional conditions for approval.
Sunrise Energy Ventures Solar Farm CUP Page 7 April 19, 2016
Scandia City Council
Wastewater Treatment
No wastewater treatment is needed for the proposed solar farm.
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.
Sunrise Energy Ventures Solar Farm CUP Page 8 April 19, 2016
Scandia City Council
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
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.
Sunrise Energy Ventures Solar Farm CUP Page 9 April 19, 2016
Scandia City Council
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
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 bodil y 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.
Sunrise Energy Ventures Solar Farm CUP Page 10 April 19, 2016
Scandia City Council
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
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 and add new screening to address
views from TH 97. 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
Sunrise Energy Ventures Solar Farm CUP Page 11 April 19, 2016
Scandia City Council
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
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.
PLANNING COMMISSION PUBLIC HEARING, DISCUSSION, AND RECOMMENDATION
The Planning Commission held a public hearing on the proposed solar farm at its meeting on April 5.
Several Scandia residents commented and asked questions at the meeting, and the Commission asked for
additional information from the applicant as well. The comments, questions, and discussion focused on the
following issues:
Fencing proposed around the whole site. The Commissioners noted that the City’s ordinance does
not require fencing around the entire site. The applicant indicated that they believe that a security
fence is needed to meet the requirements of their insurance company, and that an opaque fence
provides the best security. They noted that the color of the fence could be changed.
Screening. Commissioners noted that screening from TH97 is required, but a fence may not be used
to meet the screening requirement. They suggested a variety of options, and recommended that the
screening should include both coniferous and deciduous trees and shrubs, be composed of native
species, and provide at 95% screening of the site. Plant material should be at least 6’ in height at the
time of planting. The applicant noted that they would prefer to use new plant material rather than
transplant existing plant material on the site. The applicant noted in responses to questions that the
proposed ground cover uses native materials and pollinator-friendly species. The Commissioners
requested that requirements for maintenance of screening and plantings be added to the conditions for
approval.
Scandia substation location. An audience member asked about the location of the substation that will
serve the project. The applicant indicated that they will provide that information to the City.
The Commission discussed the fencing, screening, and site views issues at length, and revised the proposed
conditions to reflect the conclusions of the discussion. The Commission voted to recommend that the City
Council approve the solar farm project, with conditions.
Sunrise Energy Ventures Solar Farm CUP Page 12 April 19, 2016
Scandia City Council
ACTION REQUESTED:
The City Council can take one of the following actions:
1. Approve the request.
2. Approve the request with conditions.
3. Deny the request with findings.
4. Table the request.
PLANNING COMMISSION RECOMMENDATIONS:
The Planning Commission recommends that the City Council approve 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 Commission 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.
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. The plan shall utilize coniferous trees and deciduous trees and shrubs to provide 95% or more
screening of the fence and site from views from TH 97, including the north and west boundaries of
the site. The plan shall use species native to Minnesota, and plant materials shall be at least six feet
in height at the time of planting. The City shall approve the landscape plan before issuing the
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, and shall maintain the screening
plantings that are completed along the north and west boundaries of the site for the length of time that
the solar farm exists on the site.
9. All new lighting and signage at the site shall meet the Development Code lighting requirements.
Sunrise Energy Ventures Solar Farm CUP Page 13 April 19, 2016
Scandia City Council
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 address MnDOT’s comments included in its letter dated April 5, including the
requirement to provide one access to the site, and to obtain any required MnDOT permits for work in
the TH 97 right-of-way.
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 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.
16. 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.
17. The applicant shall submit proof to the City that it has obtained and maintains general liability
insurance that meets the ordinance requirement.
18. 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.
19. 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.
20. Any expansion of the Solar Farm shall require an amended conditional use permit.
21. The applicant shall pay all fees and escrows associated with this application.
CITY OF SCANDIA, MINNESOTA
RESOLUTION NO. 04-19-16-03
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 recommended that the City
Council approve the Conditional Use 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 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
is 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 add screening to protect views from TH 97, and 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 negatively 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. The plan shall utilize coniferous trees and deciduous trees and shrubs
to provide 95% or more screening of the fence and site from views from TH 97,
including the north and west boundaries of the site. The plan shall use species native to
Minnesota, and plant materials shall be at least six feet in height at the time of planting.
The City shall approve the landscape plan before issuing the 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,
and shall maintain the screening plantings that are completed along the north and west
boundaries of the site for the length of time that the solar farm exists on the site.
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 address MnDOT’s comments included in its letter dated April 5,
including the requirement to provide one access to the site, and to obtain any required
MnDOT permits for work in the TH 97 right-of-way.
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
Resolution No.: 04-05-16-__
Page 4 of 4
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 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.
16. 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.
17. The applicant shall submit proof to the City that it has obtained and maintains general
liability insurance that meets the ordinance requirement.
18. 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.
19. 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.
20. Any expansion of the Solar Farm shall require an amended conditional use permit.
21. The applicant shall pay all fees and escrows associated with this application.
Adopted by the Scandia City Council this 19th day of April, 2016.
______________________________
Randall Simonson, Mayor
ATTEST:
_________________________________
Neil Soltis, Administrator/Clerk