3.a May 3, 2016 Planning Commission Minutes
May 3, 2016
The Scandia Planning Commission held their regular monthly meeting on the above date. The
following were in attendance: Chair Christine Maefsky, Commissioners Walt Anderson, Travis
Loeffler, Tom Noyes and Dan Squyres. Staff present: City Planner Sherri Buss, City
Administrator Neil Soltis and Deputy Clerk Brenda Eklund. Council members Chris Ness and
Jim Schneider were also in attendance. Chair Maefsky called the meeting to order at 7:00 p.m.
APPROVAL OF AGENDA, MINUTES
Loeffler, seconded by Squyres, moved to approve the agenda as presented. The motion
carried 5-0.
Squyres, seconded by Anderson, moved to approve the April 5, 2016 meeting minutes as
presented. The motion carried 5-0.
PUBLIC HEARING: CONDITIONAL USE PERMIT FOR A COMMUNITY SOLAR
GARDEN ON PROPERTY LOCATED AT 21205 ST. CROIX TRAIL, THE TILLER
ZAVORAL MINE SITE. NATE FRANZEN, GERONIMO ENERGY, APPLICANT (PC
RESOLUTION NO. 05-03-16-01)
Argo Navis Community Solar Gardens LLC/Geronimo Energy has applied for a Conditional Use
Permit and Variance to develop a community solar garden up to 3 megawatts in size on the site
that is currently used as a gravel mine known as the Zavoral Mine and Reclamation Project. The
property is owned by James and Kathleen Zavoral. Tiller Corporation will complete the mining
activities this year and the site will be in reclamation for the next several years. The solar project
is proposed to be located in the lowest portion of the site and occupy approximately 22 acres.
The solar arrays are proposed to be located about 150 feet from the National Park Service
Riverway Boundary, and therefore the applicants are requesting a variance from the 600-foot
setback from the NPS St. Croix Riverway Boundary. The Crystal Springs Scientific and Natural
Area is located 300 feet north of the project and a variance from the 600-foot setback from a
wildlife management area is also requested.
Planner Buss presented the staff report and detailed the evaluation of the request. The existing
site access road will continue to be used. The City Engineer recommended that road right-of-
way be secured along the western boundary of the property and noted that the access road must
be a minimum 20 feet in width. MnDOT provided recommendations related to ROW access and
an area of signage restrictions near the entrance.
The DNR and National Park Service were critical of the project’s location within the Riverway
Boundary setback. Buss explained that the steep bluffs and vegetation would screen the panels
from riverway views, and moving the project west in order to meet the setback would result in
placement on slopes that would require extensive retaining walls and would increase the
visibility of the project. Due to the practical difficulties of the site, the placement as proposed
better protects the scenic views and minimizes disturbance of the site. Buss stated that the
project sits 35 to 50 feet below the grade of TH 95.
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Buss explained the fencing plan, vegetative plan, and requirement for a Development Agreement
with the City that includes a financial guarantee to assure compliance with the decommissioning
plan.
Buss concluded her report by explaining the findings for approval of the CUP and Variance with
26 conditions as written into a resolution.
Chair Maefsky opened the public hearing at 7:37 p.m.
Patrick Smith, Geronimo Energy, provided an overview of the project and explained that a 2017
construction cycle is proposed. In answer to a question on equipment infrastructure, Smith
explained that the project has minimal equipment needs. Concerning fencing of the site, Smith
explained that it will be a 6-foot field fence with a monofilament wire angled one-foot above the
top, but they are open to fencing recommendations. The fence can be raised from the bottom to
allow turtles and small wildlife to pass through. Commissioner Anderson questioned the
project’s benefits to Scandia. Smith explained that a production tax will be collected, along with
increased property tax valuation to a 3A commercial tax rating for the parcels where the project
is located.
Wally Srock, 20965 St. Croix Trail, said that he was concerned about an existing berm
constructed for the mining operation at the southwest corner of the site that abuts his farmland.
The water backs up here, and he would like the berm removed to open up a view to the river.
Srock also asked that four power poles be removed from his land. Smith stated that Xcel is
proposing to relocate the poles. Buss explained that Tiller’s reclamation plan would need to be
revised to address the conditions for the solar project, and the berm removal would be part of that
discussion.
Peter Schwarz, 20969 Quadrant Avenue, asked what the business relationship among the
involved companies was. A Geronimo Energy representative explained that the property will be
leased from Dr. Zavoral, Geronimo Energy will construct the project, and Argo Navis LLC
(owned by BHE Renewables) will own and operate the system for a minimum of 25 years. The
panels have a useful life of 35 years. Schwarz asked what kind of guarantee exists that Argo
Navis will comply with the CUP. Administrator Soltis stated that the development agreement
will have financial guarantees in place along with a decommissioning plan.
Pam Arnold, 16560 220th Street, asked how her taxes would be affected due to this localized tax
increase. Soltis explained that value created in the community would ultimately lower property
taxes in theory, but the city’s total levy is the determining factor. Arnold asked about the
existing well on the Zavoral property that is non-compliant and asked if it would be capped.
Smith stated that the well is out of scope of the solar project and this would be a landowner
decision.
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Jim Shaver, 23235 St. Croix Trail, suggested a cross-section view from a high-point on the
property across TH 95 and to the north be obtained for view analysis, as it has the potential to be
developed in the future. Chair Maefsky explained that the ordinance pertains to screening views
from public road ROWs, and not private property. Shaver stated that the City is giving up rural
character in approving these solar projects.
Karen Schik, 13620 236th Street, stated that questions about the seed mix should be asked to
guarantee that the plants will grow under the shade of the solar panels, as she has not seen any
examples yet that the native mix will thrive. She noted that the main management tool for native
prairie is controlled burns, and this is not possible with solar projects. She questioned what
happens in 5 to 10 years if the area is dominated by non-natives instead. Commissioner Squyres
asked what happens after 2020 when Tiller’s reclamation plan is completed. Buss stated that the
City will review the CUP each year through 2020 to ensure that maintenance of the reclaimed
site is occurring, but after that the landowner can do whatever fits the uses in the Ag Core
District – there is no long-term commitment that the site stays in the reclaimed state.
Steve Philippi, 21813 Quarry Avenue, said that the cross-section drawings did not appear
accurate and better visual simulations should be required. Philippi stated that lowered property
values to surrounding parcels is a probable impact that the Commissioners should be mindful of.
John Herman, 23355 Quentin Avenue, said that as a Board member of the St. Croix River
Association, they are working with Dr. Zavoral and the DNR to consider potential conservation
commitments for the entire site. Locating an overlook adjacent to the SNA is one possibility.
He recommended removing the proposed tree line since this is inconsistent with a natural prairie
setting. He said that he sees a potential positive outcome in working with all involved
participants of this project.
Kristin Tuenge, 20595 Quinnell Avenue, said that this is an incredible piece of property next to
the SNA, but was concerned about the long-term use of the property even though she is a fan of
solar power.
Dr. Jim Zavoral, property owner, stated his appreciation of everyone’s sensitivity to this
property. He explained that he is protecting the site from development and is committed to its
preservation. He said that he is working in conjunction with the DNR in efforts to preserve the
site from development.
There were no further comments and Chair Maefsky closed the hearing at 8:40 p.m.
The Commissioners began a lengthy discussion of the application which addressed many of the
comments on screening, vegetative maintenance and the fencing. Commissioner Noyes asked
about the 600-foot setback from the Riverway Buffer. Buss explained that the NPS had
purchased easements along the river years ago to protect the river by not allowing development
within the scenic easement. The setback of 600-feet from this boundary was inserted into the
ordinance to further protect views. The setback was modeled after existing solar ordinances
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within the state and is consistent with cell tower and wind turbine ordinances to minimize visual
impacts.
Commissioner Loeffler stated that he is a proponent of this application as it is in a good location
with the topography of the land. He suggested the tree lines be changed to run along the
Srock/Zavoral property line instead of a ribbon through the middle of the site, and that the
existing tree line along the north end of the property be filled in with more trees. Buss said that
the extra screening came from the applicant and could be revised. Chair Maefsky noted that
Scott Westphal, 20685 Quinnell Avenue, had written a letter with his concerns of being able to
view the project from his property.
Commissioner Anderson said that this is a prime spot in Scandia and should be preserved as
parkland for the public instead of used as an industrial area. He said it would be appropriate to
have a restaurant and shops located here as well. Commissioner Squyres said that he sees this
solar project as a preservation technique that will preserve the land and keep development at bay
for at least 25 years.
Chair Maefsky asked for further discussion on the fence, as each solar project in review has had
different styles of fencing. Patrick Smith said that they have worked with the DNR on other
solar projects in the state and the mesh fencing with an angled smooth wire across the top has
been recommended. The fence would be raised 6” off the ground to allow for wildlife passage.
Commissioner Noyes recommended the fence style be deferred to the DNR’s recommendation.
In addressing the concerns on the berms and vegetative mix, Buss explained that Tiller will work
with Geronimo, staff and agencies to revise the reclamation plan to meet the conditions of
preserving the viewshed and determine who is responsible for the appropriate tasks such as
grading and landscaping. The City will need to determine any adjustment in the amount of the
reclamation escrow held by the City. The AOP amendment process would go to the Council for
approval. Smith explained that the seeding mix was developed with the DNR for the Aurora
solar project and is a dry soil mix. The management plan is specific to this site. Buss stated that
language could be added to the conditions that solid groundcover be maintained throughout the
life of the project.
Jed Chesnut, Washington Conservation District, recommended that a condition addressing the
vegetative maintenance plan be consistent with language as in Tiller’s reclamation plan. Buss
agreed that this would be a similar performance standard for this solar project.
Buss summarized the recommended changes to conditions #6-8 that would be condensed to one
condition to state that the City work with the applicant, landowner, Tiller and WCD to revise the
reclamation plan and amend Tiller’s 2016 AOP to address berms, vegetative screening, the
planting plan and seed mix, and a maintenance plan for the site through the completion of the
mining project 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
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Permit for the Argo Navis Solar Garden shall be contingent upon City Council approval of
Tiller’s revised Reclamation Plan and amended Annual Operating Permit. Condition #20 would
be amended to state that the applicant shall use the fence design recommended by the Minnesota
DNR for other solar garden projects.
Loeffler, seconded by Noyes, moved to approve PC Resolution No. 05-03-16-01, Approving
a Conditional Use Permit and Variance for a Community Solar Garden located at 21205
St. Croix Trail North as amended. The motion carried 4-1, with Anderson opposed.
The recommendation for approval will go before the City Council at their May 17, 2016
meeting.
REQUEST FOR EXTENSION FOR VARIANCE AT 13350 188TH STREET. JIM AND
SANDI CONTINENZA, APPLICANTS.
The City Council approved a variance for construction of a new home at 13350 188th Street to
Jim and Sandi Continenza on May 21, 2013. Upon request, an extension was granted on May
11, 2015 with an expiration of December 31, 2016 unless the building project had commenced.
On March 28, 2016, the Continenzas requested an additional extension until December 31, 2017
in case they are not able to begin building this year. Administrator Soltis explained that they had
satisfied most of the conditions in the variance and deposited the required funds for the septic
connection to the 201 system.
Noyes, seconded by Squyres, moved to approve the request for an extension of Resolution
No. 05-21-13-03 until December 31, 2017. The motion carried 5-0.
DISCUSSION ON AMENDMENTSTO SOLAR GARDEN ORDINANCE IN RESPONSE
TO MORATORIUM ORDINANCE NO. 170
At the April 19, 2016 meeting, the City Council passed an interim ordinance to establish a study
period and moratorium up to 3 months to prohibit the acceptance of solar farm applications. The
ordinance became effective on April 28th and will end on July 28th unless the Council repeals or
extends it. Planner Buss asked the Commissioners what specific items they would like to focus
on for the purpose of the study.
Commissioner Anderson stated that he thinks the ordinance was a mistake to adopt and is in
favor of scrapping it. Chair Maefsky listed off a number of elements that she proposed be
studied including screening, setbacks, types of land (accounting for elevations, contours and
soils), parcel size, zoning districts, total number of solar farms in the City (ability to set a limit),
the establishment of solar farm zones such as an overlay district, the impact on rural and
historical character, siting decisions on land use impacts and how solar projects could have the
least impact to historical centers. She asked if staff could research how other communities have
dealt with these issues.
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Commissioner Loeffler suggested the study of impacts to property values. Buss said this has
been a topic with previous applications and it appears to have mixed effects. Maefsky
recommended that Loeffler research this on his own and report back his findings.
Jim Shaver suggested they talk to Bill Voedisch, May Township Board Chair, about the one-year
moratorium that May Township recently adopted. Shaver also noted that there was no talk of
visual impacts when the ordinance was adopted last year, and he thinks solar farms are a bad idea
for Scandia’s rural character.
Staff will bring back alternatives to the existing ordinance that address the identified issues for
further discussion at the June 7th meeting, including a discussion if they should continue to be
allowed. Maefsky explained that landowners were looking to use their land in this way, and that
is why the ordinance was put into place. Buss noted that landowners see solar farms as an option
for income while still preserving the land for the long-term. The ordinance manages how they fit
here.
ADJOURNMENT
Anderson, seconded by Squyres, moved to adjourn the meeting. The motion carried 5-0.
The meeting adjourned at 10:00 p.m.
Respectfully submitted,
Brenda Eklund
Deputy Clerk