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7. 2022.07.05 - Memo on Solar Farm Moratorium Study 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 Planning Commission Reference: Solar Farm Study & Moratorium Copies To: Brenda Eklund, Clerk Ken Cammilleri, City Administrator Project No.: 18408.000 From: Evan Monson, Planner Routing: Date: June 29, 2022 SUBJECT: Discussion on Solar Farm Moratorium and Study MEETING DATE: July 5, 2022 BACKGROUND There are a number of existing Distribution Solar Energy Systems in the city, often referred to as ‘solar farms’. After considering a potential ordinance amendment that would open certain shoreland areas, the City Council looked at reviewing the current zoning regulations of such uses. The City Council recently issued a moratorium on new solar farms within the city. The moratorium outlines a scope of what to include in the study, such as:  The zoning districts in which distribution SES shall be permitted in  The density and concentration of distribution SES  Better addressing concerns with screening  Better understand the effect of distribution SES on other uses and environmental conditions in surrounding areas  Appropriate conditional use permit requirements  Other items, as needed Solar Farm Moratorium & Study July 5, 2022 Scandia Planning Commission Page 2 ONGOING Survey As discussed at previous Planning Commission meetings, a short survey will be going out to the public to gather feedback solar farms. Specifically, the goal of the survey is to get a sense for whether there is support for more solar farms, support for more/additional restrictions, and whether there is other concerns or comments the public has on the issue. The draft list of questions is included in the meeting packet. Once finalized, the city can utilize SurveyMonkey as a platform and post a link on city media. Nearby Communities At the May Planning Commission meeting, we discussed looking at the regulations used by other communities that might share similarities with Scandia (such as population, land size, amount of rural areas, recently incorporated as cities from townships, or proximity to the metro). Some nearby within Minnesota that were identified by staff were:  East Bethel – Anoka County  Nowthen – Anoka County  Lino Lakes – Anoka County  Columbus – Anoka County  Andover – Anoka County  Chisago County  North Branch – Chisago County  Isanti – Isanti County  Credit River – Scott County  Afton – Washington County  Cottage Grove – Washington County  Rosemount – Dakota County  Hugo – Washington County  Grant – Washington County  Lake Elmo – Washington County Of the communities listed above, some simply do not currently permit solar farms in their jurisdictions. This included East Bethel, Nowthen, Isanti, Columbus, Lino Lakes, and Grant. Andover and Credit River do not permit ground-mounted solar, though they both permit building-integrated systems. The communities nearby that do permit large-scale solar farm developments have some similarities and differences with Scandia.  Afton, located in the southern half of Washington County, permits solar farms in a similar fashion as Scandia. They limit them to ‘Industrial’ zoning districts, which are only located along the north boundary of the city that abuts Interstate 94.  Chisago County administers zoning for townships in the county. The county permits ‘commercial solar energy systems’, which can be approved administratively by staff if the project footprint is under ten acres. Projects with footprints over ten acres are able to be approved via an interim use permit. Commercial Solar Energy Systems must be on sites of five acres or more in size. Sites are to be screened to a level of 75% opacity by a combination of six foot tall trees and berms. Landscaping/screening is required to be 20 feet from property lines. Such solar energy systems are to be 75 feet from all non-right of way property lines, or 275 feet from any dwelling (whichever is greater); 135 feet from the centerline of State and County Roads for the first commercial solar energy system on any single parcel, and 735 feet from the centerline of State and County Roads for any additional commercial solar energy system on the same parcel; and are to be 135 feet from the centerline of all other public roads. Solar Farm Moratorium & Study July 5, 2022 Scandia Planning Commission Page 3  Cottage Grove, located in the southern half of Washington County, permits solar farms through an interim use permit. Screening may be required, though their ordinance does not include specifics regarding screening. The city limits them to parcels of five acres or more in size, and requires a 300 foot setback from all property lines . o For reference, Scandia requires a 75 foot setback from property lines, 350 foot setback from residences, 500 feet from the centerline of minor arterial roadways, and 200 feet from the centerline of all other roadways.  Hugo permits solar farms through an interim use permit in agricultural zoning districts. Sites must be ten acres or more in size. Screening is reviewed as part of the permit review and approval, though their ordinance does not include details or specifics regarding screening.  Lake Elmo also permits solar farms through an interim use permit. Similar to Hugo, sites must be ten acres or larger. Solar farms in the city are to be a minimum of 50 feet from property lines, and are to be ‘screened and fenced as determined by the city from adjacent residential properties’.  North Branch, located near Interstate 35, permits solar farms in their Agricultural, Agricultural Preserve, and Rural Residential zoning districts. T hese zones are located on the edges of the city. The city requires solar farms to follow similar requirements as Scandia, though their screening requirements are a bit different. The city requires the following when reviewing applications for new solar farms: o At least two rows of staggered conifer trees that are at least eight feet tall at the time of planting and that will reach a minimum maturity height of 12 feet to screen the solar installation from the public right-of-way and from adjacent and nearby residences; or o An alternative buffer and screening plan using a combination of trees, shrubs and/or berms that completely screens the solar installation from the public right-of-way and from adjacent and nearby residences; and o An illustration or plans that show a view of the solar development from the public right -of- way, from any residence across the public street or road from the site and all the proposed screening and landscaping.  Rosemount, located near the Mississippi River in Dakota County, permits solar farms as an interim use in Agricultural, Institutional, and Industrial zoning districts. The city requires screening from rights-of-way, but does not require screening from neighboring properties. Similarities and differences between Scandia and others:  Permitting o Most places permit solar farms through a conditional or interim use permit. Conditional Use permits require review and approval from the Planning Commission and City Council, and conditions of approval can be placed on them. Interim Use permits have a similar review process, and also permit conditions of approval to be added, though the use has an identified end date of when the permit expires. At the end of the permit, the use must either cease or get approval for a new permit.  Setbacks o Setback requirements vary from each community. Some follow the same setbacks as structures, while others require specific setbacks from roads, residences, and property lines.  Site requirements o A number of communities require a solar farm to be on parcels of a certain size, typically five or ten acres. Requiring larger sites, in conjunction with large setback requirements, can lead to less solar farm development.  Screening o Screening requirements vary widely for each jurisdiction, with some offering detailed requirements while others are quite vague. If concern with viewing s olar farms is identified as an issue in the survey, the commission may want to look at the details other communities use in their ordinances. Solar Farm Moratorium & Study July 5, 2022 Scandia Planning Commission Page 4 MOVING FORWARD The commission is encouraged to review the different requirements for solar farms listed above; especially if there are certain items/aspects to focus on for upcoming meetings. Upon closing of the survey, the findings will then be reviewed at a future meeting.