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08.b Draft minutes 04-05-2022 Planning Commission April 5, 2022 The Scandia Planning Commission held their regular monthly meeting on the above date with modifications. The meeting was conducted in-person and virtually over an electronic platform. All participants who joined the meeting remotely could hear each other and contribute to discussions. Chair Travis Loeffler called the meeting to order at 7:03 p.m. The following were in attendance: Commissioners Jon Engstrand, Kirsten Libby, Perry Rynders, and Chair Travis Loeffler. Remote attendance by Commissioner Jan Hogle. Staff participating: City Planner Evan Monson (remote), City Administrator Ken Cammilleri, City Attorney Chris Nelson, and City Clerk Brenda Eklund. PUBLIC FORUM There were no public comments. APPROVAL OF AGENDA, MINUTES Rynders, second by Engstrand, moved to approve the agenda as presented. Motion carried unanimously by roll call vote. Rynders, second by Engstrand, moved to approve the March 1, 2022 minutes as presented. Motion carried unanimously by roll call vote. PUBLIC HEARING: AN INTERIM ORDINANCE PLACING A TEMPORARY MORATORIUM ON NEW DEVELOPMENT OF DISTRIBUTION SCALE SOLAR ENERGY SYSTEM FACILITIES (SOLAR FARMS) IN THE CITY AND DIRECTING A STUDY TO BE CONDUCTED. Administrator Cammilleri explained the interim ordinance placing a temporary moratorium on new development of distribution scale solar energy system facilities being held for a public hearing by the request of the City Council. The interim ordinance includes a variety of questions to be investigated by the Planning Commission over the next twelve months to improve the existing solar farm ordinance by addressing citizen complaints related to screening and the concentration of the solar farms within the city. The interim ordinance would not affect residential (local) solar installations which will continue to be allowed. Chair Loeffler opened the public hearing at 7:08 p.m. Alex Pouliot, Field Director for the Minnesota Land and Liberty Coalition, St. Paul, MN, said the focus of this not-for-profit coalition is to encourage the development of renewable energy, and is concerned with protecting private property rights, developing their communities, and being good stewards of the land. Mr. Pouliot said solar farms should be looked at as an individual property right. He said he understands adopting screening and setbacks that are reasonable and not egregious to protect the city, but to balance these requirements with rights of property owners to use their land. Mr. Pouliot recommended a task force be part of the study, comprised of land owners, concerned citizens, landscapers, and solar developers in the industry. Scandia Planning Commission April 5, 2022 Page 2 of 4 Mike Lubke, Scandia Trail, said he would like to be involved in the anticipated study, and has been researching solar for the past few years. There were no further comments and Chair Loeffler closed the hearing at 7:13 p.m. Chair Loeffler read the written public comment submitted by Erin Johnson, Marine on St Croix. Ms. Johnson wrote that building solar capacity within Washington County is of critical importance, especially given the latest reporting on climate change. A moratorium will delay clean energy, and local solar farms are essential. Chair Loeffler said he recognizes the concerns of the public and the Council, however a full year moratorium is not needed or necessary. Loeffler said a study has been done in the past, and improvements to the solar ordinance have been implemented to address these same concerns. Commissioner Rynders said he agrees. These concerns of screening, setbacks and locations were adequately studied a few years ago; the solar ordinance already addressed these concerns. The objections being raised now are similar to the previous moratorium which were all studied. Because screening the solar farms is mostly the concern, the developers have said they are willing to screen to the extent the city desires, even to 100%, so why is this an issue. The new solar farms are screened and less visible. Rynders asked if the issue is more a concern of staff adequately enforcing the required screening? Rynders said a moratorium won’t change much in regards to the ordinance language. Commissioner Hogle asked if there is a pending project for a solar farm? Administrator Cammilleri replied that there are no pending applications; until this ordinance is effective, applicants can apply under the current solar ordinance. Commissioner Hogle said she has mixed feelings on this; they have a small solar installation on their property. In 2017, they were told by Xcel Energy that all future solar farms will need phase 3 transmission lines, limiting any more solar farms at that time -- there would have to be considerably more demand before Xcel would invest in adding a phase 3 line through Scandia. Hogle said that social media comments on this issue were mostly positive to solar farms, other than some being bothered by the distribution boxes. Hogle said a moratorium would be a moot point if there is not capacity to expand. Hogle said the comment that “Scandia has done our share in the solar market” is troubling to her, saying solar energy is a farm commodity that falls under multiple categories that cannot be addressed directly with an ordinance. Hogle said she is not in favor of a moratorium; solar projects may not be able to connect to the energy grid anyway. Commissioner Libby noted that the solar ordinance was last amended in 2018, and that this would be the second moratorium and study. Libby said that if a moratorium was not enacted, the city can still work on the ordinance to address the cosmetic issues of the solar farms. Libby said she has the same concerns that clean and sustainable energy is needed and a moratorium would only delay progress. Commissioner Rynders asked if the Commission could recommend denial of the interim ordinance. Administrator Cammilleri explained to the Commission that they can either table a decision, or recommend approval or denial to be forwarded to the Council. Scandia Planning Commission April 5, 2022 Page 3 of 4 Commissioner Hogle suggested a shorter term for the moratorium as 4-6 months. Staff explained that if a study was not completed in this timeframe, the interim ordinance would expire and revert back to existing ordinance. Commissioner Rynders asked what will 4 months do for us – these concerns have already been studied. Chair Loeffler agreed, saying they have talked about all these issues already. Commissioner Rynders recommended denial of the interim ordinance, saying the Commission can let the City Council decide to whether or not to implement it. Commissioner Libby said that 4 months may be too quick a time to establish a task force and work through the study. Libby recommended denial of the interim ordinance for council to consider. Rynders, second by Engstrand, moved to recommend denial of the interim ordinance for a temporary solar farm moratorium because a study has been done on these concerns to address screening, setbacks and impacts to public health, safety, morals and general welfare presented by commercial solar farms. Motion carried 5-0 by roll call vote. Commissioner Libby added the point made by Commissioner Hogle, that there may not be capacity for additional solar farms in Scandia until the power utilities make significant investments in transmission lines. The City Council will receive the recommendation to deny the interim ordinance at their meeting on April 6, 2022. PLANNING COMMISSION ORIENTATION Attorney Nelson explained the legalities of the process for land use applications and local controls under the Met Council Land Use Planning Act. A city’s zoning code must be in harmony with the city’s comprehensive plan. There are a number of criteria in the zoning ordinance that must be analyzed during the review process. Review of variances and conditional use permits was covered. Findings must provide a basis for either approval or denial. Attorney Nelson answered the Commissioner’s questions on a number of case examples. CITY COUNCIL UPDATES Planner Monson reported that the City Council approved a CUP amendment for Better Place Forests, and the CUP for Bethany Center with a few added conditions to address the parking lot surface and to clarify use of the property. Both were recommended for approval by the Planning Commission. FUTURE ITEMS An open house on the draft Unified Development Code will be held on April 11, 2022 at 6:30 p.m. ADJOURNEMENT Rynders, second by Engstrand, moved to adjourn the meeting. Motion carried 5-0. Scandia Planning Commission April 5, 2022 Page 4 of 4 The meeting adjourned at 8:35 p.m. Respectfully submitted, Brenda Eklund City Clerk