5.a 1 2016-05-27 Resubmittal letter to City
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May 27, 2016
City of Scandia
C/O Sherri Buss, City Planner
14727 209th Street
Scandia, MN 55073
RE: Proposed Community Solar Garden at 23359 Oldfield Avenue North
Dear Planning Commission and City Council,
Planning Commissioners reviewed plans for a proposed community solar garden at 23359 Oldfield
Avenue North on March 2, 2016 and April 5, 2016. At the meetings, residents and Planning
Commissioners expressed concerns about views of the proposed solar development from
surrounding residences and from the right-of-way. While we feel that prior plans and prior revisions
met all conditions required by the code, we remain committed to being good neighbors and partners
with the community on this significant investment.
To this end, we have put additional resources into plan revisions and meetings with the City to
address concerns related to viewsheds from the right-of-way and nearby residences. After reviewing
comments from the Planning Commission meetings, we are submitting an updated plan set. Plan
revisions include the following improvements:
Berming on the western edge of the parcel
Tree plantings and landscaping that are consistent with surrounding wooded areas.
The proposed changes to the landscaping and berming were designed to address concerns about
views from areas that were determined to be “high-value” or important views by residents and the
adjacent right-of-way. The proposed landscaping will blend with the rural characteristics of the area
and the existing vegetation on site.
Site Plan Requirements
When reviewing potential sites, developers rely on your zoning code to provide consistent and clear
standards that they can realistically meet. Section 4.34 (3) (B) provides guidance for the type of
plans required to be submitted. The applicants have submitted all required plans described by the
code and additional plans that have been requested by the City, including landscaping plans and
sight line studies which are not specified in the site plan requirements.
In addition, the Section 4.34 (4) of the Zoning Code provides 14 performance standards that
community solar development must meet. There are two specific standards that have been
questioned by residents and Planning Commission:
Section 4.34 (4) (G) of the Zoning Code requires that community solar gardens be screened “from
the right-of-way to the extent possible” and Section 4.34 (4) (K) requires that solar garden facilities
be designed to prevent reflective glare toward any inhabited buildings on adjacent properties and
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May 27, 2016
adjacent street rights-of-way. Our revised plans meet both of these required standards. We note that
right-of-way screening, as typically applied in the Midwest area, means from the adjacent right-of-
way, not any right-of-way in the City. If this were not the standard, it would result in properties at
higher elevations in the city realizing full development potential, and those at lower elevations having
seriously diminished development rights. We are certain this inequity is not the intent of the code.
While some residents felt that certain percentages of screening are required to make this a viable
development site, the code does not specify percentages or a time frame in which landscaping
should mature. We have responded to City concerns to the best of our ability and want to reiterate
that 100% screening is not possible on any site for development. While our studies show that even if
there were no proposed screening there would be little to no glare from the right-of-way, the
proposed changes would be highly effective at screening the panels and any associated glare from
key points and adjacent right-of-way. In most places the proposed screening provides up to 100%
screening of panels and any associated glare. We are proposing landscaping on the Northern
boundary that will provide about 50% screening, as the site topography limits the amount of
landscaping that can be proposed. Current glare analysis shows glare is not a concern from the
northern elevation.
We feel that these changes are the most effective way to screen the site and to address concerns
from surrounding residents. The proposed plan meets not only the intent of the current code, but the
definition of screening “to the extent possible”.
Conditional Use Permit
Community Solar Gardens require a conditional use permit in the AG C District. Chapter 8 of the
Development Code provides seven standards that developments must meet. The proposed
development meets these standards as follows:
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 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
community solar garden will have no effect on the Comprehensive Plan. The use supports
the community’s natural resource vision of functioning natural systems, protection of natural
areas, clear air and water and the City’s quiet, peaceful countryside. When installed on sites
that would typically be farmed, a solar garden improves water quality through reduction of
harmful runoff, improves air quality by reducing reliance on coal, and reduces noise typical of
farming operations.
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 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. A community solar garden is a public benefit for all
City of Scandia 3
May 27, 2016
residents of the state of Minnesota and is one of the cleanest forms of energy production that
our nation has. The development of community solar gardens increases the ability of our
state and communities to use renewable sources to power our communities. Community
Solar gardens are safe, nonpolluting and quiet.
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 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. There is no evidence that solar gardens diminish or impair
property values. In other parts of the country it has been found that solar panels may even
improve property values. Further, the proposed development is not being proposed on a
corridor that has been designated as a “Priority Scenic Viewshed” in the Comprehensive
Plan. Regardless, we are proposing significant landscaping and grading that will screen the
property.
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 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 property does
not impact surrounding development and is guided for future agricultural uses in the
Comprehensive Plan.
5. Adequate public facilities and services are available or can be reasonably provided to
accommodate the use which is proposed.
Adequate public facilities and services are available or can be reasonably provided to
accommodate the use which is proposed. Since solar gardens are very low maintenance,
there are no additional public facilities required to be provided for a community solar garden.
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 conditional use conforms to the applicable regulations of the district in which it is
located and all other applicable standards of this Chapter. The proposed community solar
garden meets all of the performance standards of the Zoning Code, Section 8.5 of the
Development Code, and the Architectural Design Guidelines which calls for thoughtful
landscaping and consideration of scenic beauty. The proposed landscaping is sensitive to
the surrounding areas and preserves the existing wooded areas adjacent to the site.
7. The conditional use complies with the general and specific performance standards as
specified by this Section and this Chapter.
City of Scandia 4
May 27, 2016
As noted above, the conditional use complies with the general and specific performance
standards as specified by this Section and this Chapter.
We have made every effort to comply with the City’s standards for community solar gardens. We
meet all performance and conditional use permit standards. Ameresco is looking forward to
providing a high quality solar development that is consistent with the rural character of Scandia. We
look forward to discussing the updated plan set with you and moving this project forward to
completion.
Sincerely,
Landform
Darren Lazan
COPY: Neil Soltis, City Administrator
ENC: Revised Landscape Plan
Revised Grading, Erosion, and Sediment Control Plan
Exhibits 1 - 5