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08.b2 Staff Report Ferrin Local SES CUP 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 City Council Reference: Ferrin Local SES CUP Copies To: Brenda Eklund, Clerk Ken Cammilleri, City Administrator Donna Pickard, Applicant Project No.: 18407.000 Randy and Kathy Ferrin, Owners From: Evan Monson, Planner Routing: Date: July 7, 2022 SUBJECT: Conditional Use Permit to have a ground-mounted Local Solar Energy System exceed a footprint of 800 SF in size MEETING DATE: July 19, 2022 LOCATION: 23290 Quentin Avenue North, PID 06.032.19.32.0003 APPLICANT: Donna Pickard – TruNorth Solar OWNER: Randy and Kathy Ferrin ZONING: Agricultural Core (AG C) REVIEW PERIOD: 60 day period ends July 17, 2022, 120 day period ends September 15th ITEMS REVIEWED: Application and plans received May 18, 2022 DESCRIPTION OF THE REQUESTS The owner of 23290 Quentin Avenue North is looking to add onto their existing solar setup on their property. Their system provides power for their residence and accessory structures, with excess energy sold to the electrical grid. Systems such as this are referred to as ‘Local Solar Energy Systems (SES)’ in the city’s Development Code. For reference, larger commercial sized solar developments are referred to as ‘Distribution SES’ or ‘solar farms’. Local SES can be building-mounted, or ground-mounted, and are permitted as an accessory use throughout the city. Ground-mounted Local SES are limited to a footprint of 800 SF in size (Chapter Two, Section 4.34(A)(1)(B)); anything exceeding this size requires approval through a Conditional Use Permit (CUP). The existing setup is under 800 SF in size. The proposed addition would bring the system to a size of 1,296 SF, which would be 496 SF above the 800 SF threshold, triggering the need for a CUP. The Planning Commission reviewed the request at their July meeting, and recommended approval of the request with conditions. Their recommendation is located at the end of this report. Ferrin CUP Staff Report July 19, 2022 Scandia City Council Page 2 PROPERTY INFORMATION Parcel description: 23290 Quentin Avenue North is located on the east side of St Croix Trail N / Minnesota TH 95. The property consists of two parcels: the larger 8.59 parcel that has the Local SES and the residence on it, and the smaller 1.42 acre parcel has some accessory structures on it. The parcel with the Local SES has some slopes near the north and south ends, as well as near its west end by the highway. Trees and vegetation are located throughout both parcels, shielding views of the property from nearly all angles. Land Use: Local SES, single family residential, open space/vacant Figure 1: Aerial of nearby properties, per City GIS EVALUATION OF REQUESTS Applicant’s Explanation of the Requests See application included with meeting materials. Development Code Requirements Requirements for Local SES are found in Chapter Two of the Development Code – Section 4.34(A). This section outlines general requirements applicable to all Local SES systems when acquiring a building permit, as well as requirements for specific types (ground- or building-mounted). These requirements and standards will not change in the new Unified Development Code (UDC), which is being reviewed and considered for adoption at the time of writing this staff report. Ferrin CUP Staff Report July 19, 2022 Scandia City Council Page 3 Local SES are limited to 800 SF in size; anything with a footprint larger than 800 SF requires a CUP prior to receiving building and electrical permits. The proposed system would be located near the existing array, on the north half of the parcel. The system would be less than 15 feet in height at maximum tilt, and is able to utilize the existing vegetation on the site to screen it fr om view from neighboring lots. The screening on the site already shields the location from view from Quentin Avenue. The location of the panels is over 700 feet from Highway 95; combined with the trees on the site the panels are not visible from that right-of-way. Figure 2: Zoomed-in aerial of subject property, per City GIS CUP CRITERIA CUP Criteria Chapter One, Section 8.4 of the Development Code lists the standards to meet to grant a CUP in italics, with the Planner’s findings following: 1. The conditional use will be in compliance with and shall not have a negative effect upon the Comprehensive Plan, including public facilities and capital improvement plans. The proposed use is a permitted accessory use in the AG C zone and is not in conflict with the Comprehensive Plan. It will not require new public facilities or impact the City’s capital improvement plan. 2. The establishment, maintenance or operation of the conditional use will promote and enhance the general public welfare and will not be detrimental to or endanger the public health, safety, morals or comfort. The proposed use will generate electric power from the sun, which will be used on-site by the landowner. Excess electricity will be sent into the grid to be used by other users . The use will not Ferrin CUP Staff Report July 19, 2022 Scandia City Council Page 4 create adverse impacts on the public health safety, morals, comfort or general welfare of the public. 3. The conditional use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values or scenic views. The site is already screened from other lots by existing vegetation, and is not able to be seen from Quentin Avenue or Highway 95. It will not substantially diminish or impair nearby property values or scenic views. 4. The establishment of the conditional use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district. The proposed use will not noticeably change the site from what it is today, and therefore will not impede development or improvement of surrounding properties. 5. Adequate public facilities and services are available or can be reasonably provided to accommodate the use which is proposed. Public facilities are not required to serve the proposed use. 6. The conditional use shall conform to the applicable regulations of the district in which it is located and all other applicable standards of this Chapter. The proposed use is consistent with the applicable regulations of the Agricultural Core District, and is consistent with the requirements of Local SES as outline in Chapter Two, Section 4.34(A) of the Development Code. 7. The conditional use complies with the general and specific performance standards as specified by this Section and this Chapter. This proposed conditional use meets the general and specific performance standards of the Development Code. ACTIONS REQUESTED The Scandia City Council can do one of the following: 1. Approve, with or without conditions 2. Deny the request, with findings for denial 3. Table the request Ferrin CUP Staff Report July 19, 2022 Scandia City Council Page 5 RECOMMENDATION The Planning Commission recommended to the City Council approval of a Conditional Use Permit for a Local SES exceeding 800 SF in size, located at 23290 Quentin Avenue North. The following amendments were recommended: 1. The proposed system shall not have a footprint exceeding 1,296 SF in size, as shown on the plans submitted to the city and reviewed with this request. 2. The applicant shall adhere to the requirements of a Local SES, as outlined in Chapter Two, Section 4.34(A) of the city’s Development Code. 3. The applicant shall secure all applicable local, state, and federal permits for the proposed conditional use. 4. The applicant shall pay all fees and escrow costs related to the application.