7.b 1a Resolution 5.17.16 ArcoNavisSolarGardenVarianceCUP docx
CITY OF SCANDIA, MINNESOTA
RESOLUTION NO. 05-17-16-__
APPROVING A CONDITIONAL USE PERMIT AND VARIANCE FOR A
COMMUNITY SOLAR GARDEN LOCATED AT 21205 ST. CROIX TRAIL NORTH;
WHEREAS, Argo Navis Community Solar Gardens LLC has made an application for a
Conditional Use Permit and Variance to develop a Community Solar Garden to be located at
21205 St. Croix Trail North on 4 parels owned by James and Kathleen Zavoral; and
WHEREAS, the property is legally described in Appendix A, attached; and
WHEREAS, the Planning Commission reviewed the request for a Conditional Use
Permit at a duly noticed Public Hearing on May 3, 2016, and recommended approval of the CUP
and Variance; 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 recommend approval of a Conditional Use Permit and Variance to develop a
Community Solar Garden at 21205 St. Croix Trail North, based on the following findings:
Findings for the Conditional Use Permit
1. The proposed use will not have negative impacts 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 solar garden is proposed in a location that is well-below the grade
level of surrounding properties and TH 95 and 97. The location and the existing and
required vegetative screening will provide the screening that the Development Codes
requires for the project site from public roadways and neighboring properties. Based on
the conditions required for approval and operation of the Community Solar Garden, the
proposed use will not impact the health, safety or general welfare of the occupants of
surrounding properties.
2. The proposed use will not have negative traffic impacts on adjacent roadways. The site
was previously mined and generated significant traffic. The proposed use will create
traffic during construction that will be a reduction from the traffic generated by the
mining use. 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
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few trips each quarter to maintain the facility. The number of trips is within the capacity
of TH 95 and 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.
3. The proposed use will have a positive effect on utilities and no impact on 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. The proposed use will not have a significant impact on property values and will not
impact scenic views. The proposed solar array will be screened from views from the St.
Croix Scenic Riverway, TH 95 (a State-designated Scenic Byway) and adjacent
properties based on its elevation in relation to surrounding grades, by existing berms and
vegetation, and by additional vegetative screening. The conditions require the applicant
to maintain and augment the existing vegetation that screens the site from views from the
St. Croix River and parcels to the north. 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.
The proposed use is within the Agriculture Core (AG C) District. 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 District. The Plan also
encourages the use of renewable, local and diverse forms of energy to help to meet
Minnesota’s climate protection goals.
6. The proposed use meets the dimensional requirements of the Development Code, and
with the conditions proposed for approval and approval of the requested Variance, 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 or 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
wetland buffer areas. The project will not impact air quality.
8. The proposed use is allowed with a conditional use permit in the AG C District.
Findings for the Variance
1. The proposed variance is in harmony with the general purposes and intent of the official
control.
Approval of the variance to permit construction of the project in the previously mined
area will protect views from surrounding properties and public roadways; construction of
the project in a location that met the setback requirements would make it more visible
and violate the intent of the ordinance. The 600-foot setback requirement in the Solar
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Ordinance was adopted primarily to be implement policies in the Comprehensive Plan to
protect viewsheds of and within the St. Croix Riverway corridor. It was also adopted to
protect wildlife habitat areas from potential visual and physical impacts of solar gardens,
such as stormwater and erosion.
The viewshed analysis in the Zavoral Mine and Reclamation EIS concluded that no part
of the project site is visible from the river, and that the existing bluffs and vegetation
block all views of the Site from any location on the river. The applicant’s proposed site
plan places the solar garden in a location that is significantly lower than TH 95, TH 97,
and surrounding properties. The proposed site plan and conditions for the CUP require
that the applicant and owner work with the City and Tiller Corporation to revise the
Reclamation Plan approved for the Zavoral Mine and Reclamation Project to include
additional vegetative screening and modify the berms to protect views from TH 95. The
conditions require the applicant to install a “field” type fence design that has been
approved by the Minnesota DNR for similar projects to address potential wildlife
impacts. The proposed use will not create noise, stormwater runoff, or other impacts to
the proposed SNA or wildlife habitat within the Riverway District.
With the proposed location of the array at a low position within the site, the additional
screening required, and the proposed fencing, the proposed site plan are in harmony with
the general purposes and intent of the Comprehensive Plan and Development Code to
protect views of and within the Riverway from structures that may negatively impact
scenic views, and is in harmony with the purpose and intent to protect wildlife habitat
areas from potential impacts of the proposed use.
2. The property owner proposes to use the property in a reasonable manner under the
conditions allowed by official controls. Community Solar Gardens are permitted, and
therefore reasonable, uses in the Agriculture Core (AG C) District. The proposed use is
a reasonable use based on the official controls.
3. The practical difficulties are not caused by the landowner, and are unique to the property.
The practical difficulties are unique to the property, and include the steep slopes on the
site that result from its use as a gravel mine prior to the current owner and mine project.
The proposed location maintains the widest possible setback from the Riverway
boundary and proposed SNA, while placing the structure outside the steep slope areas
where it would be more visible from the public roadway and adjacent properties.
4. The variance would not alter the essential character of the area. The parcel has been used
as a gravel mine in recent years and in the past. The proposed use will have less potential
impact to the character of the area than the mine operation. The proposed location of the
Community Solar Garden below the grade of adjacent parcels, and the conditions
requiring additional screening at the northwest corner of the site will preserve the
essential character of the surrounding area.
5. The practical difficulties are not caused by economic conditions alone. The practical
difficulties are the result of the steep slope areas on the site where the array could be
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viewed from public roadways and adjacent properties. The practical difficulties are not
only economic in nature.
6. The proposed variance will not impair an adequate supply of light and air to adjacent
property, or substantially increase the congestion of the public streets, or increase the
danger of fire, or endanger the public safety, or substantially diminish or impair property
values within the neighborhood. With the required permits, proposed solar garden
location on the site, and conditions required for screening, the proposed variance will not
impair the supply of light or air to adjacent properties, increase congestion, endanger the
public, or substantially diminish or impair property values in the neighborhood.
7. The required variance is the minimum action required to eliminate the practical difficulty.
The variance permits construction of the solar array in a location that is setback as far as
possible from the Riverway boundary while placing the array in a location where it will
be screened from view to meet the Development Code requirements. The proposed
variance is the minimum action needed to eliminate the practical difficulty to permit
construction of a barn on the parcel.
8. The proposed Community Solar Garden location meets the use’s need for direct sunlight
for solar energy systems.
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
April 12, 2016, and shall submit updated plans to the City to address the items identified
for review and approval 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 Minnesota Building Code, the National
Electric Code, the State Plumbing Code and the Minnesota Energy Code.
3. The property owner shall secure and record the right-of- along the entire western
boundary of the property (Parcel ID 1803219330004) that includes approximately 113
feet in width east of the section line.
4. The applicant shall revise the plans to show proposed gravel access roads that are a
minimum width of 20 feet to meet public safety requirements. The applicant shall
include a proposed typical section of the gravel access road to show that it will support
emergency medical vehicles.
5. 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.
6. The City shall work with the applicant, owner, Tiller Corporation, and the Washington
Conservation District to revise the Reclamation Plan and amend the 2016 Annual
Operating Permit for the Zavoral Mine and Reclamation project. The revised
Reclamation Plan shall address berms, vegetative screening, the planting plan and seed
mix, and a maintenance plan for the site through the completion of the Mining Project
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and for the lifetime of the Solar Garden project. The plan shall assure adequate screening
to protect views from public roadways to meet the Solar Ordinance requirements, and to
preserve the viewshed of the St. Croix River Valley. The approval of the Conditional
Use Permit for the Argo Navis Solar Garden shall be contingent upon City Council
approval of the revised Reclamation Plan and amended Annual Operating Permit.
7. The seed mix approved for the site shall require that seeds shall come from a local seed
source, seed tags shall state that the mix is noxious weed free and Pure Live Seed
Certified.
8. The owner and applicant shall maintain the existing vegetation between the solar garden
and the St. Croix River bluffs to protect the river and bluffs to the east from views of the
project.
9. The owner and applicant shall maintain the existing vegetation on the parcel to the north
and south of the solar garden to protect views from adjacent parcels and the proposed
Crystal Springs SNA.
10. The applicant shall confirm the setback from the Crystal Springs SNA.
11. The applicant shall complete dust control during construction using water only, with no
added dust-suppressant.
12. The applicant shall obtain the following permits:
a) All required Watershed District permit(s).
b) The required Grading/Land Alteration Permit from the City.
c) 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
April 19, 2016, including:
a) 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.
b) All site work shall be in compliance with the rules of the Watershed District.
14. The applicant shall address MnDOT’s comments included in its letter dated May 3.
15. The applicant shall comply with the Development Code and Solar Ordinance
requirements for the following items:
a) Fencing requirements: The applicant shall use the fence design recommended by
the Minnesota DNR for other solar garden projects. The applicant shall obtain an
Administrative Permit for the fence if it exceeds 6 feet in height.
b) Lighting and signage
c) Signs.
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d) Interconnection agreement: 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.
e) Proof of insurance: The applicant shall submit proof to the City that it has
obtained and maintains general liability insurance that meets the ordinance
requirement.
f) Developer agreement: 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.
16. Any expansion of the Solar Farm shall require an amended conditional use permit.
17. The applicant shall pay all fees and escrows associated with this application.
Adopted by the Scandia City Council this 17th day of May, 2016.
______________________________
Randall Simonson, Mayor
ATTEST:
_________________________________
Neil Soltis, Administrator/Clerk