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5.a 7 PC Resolution 6.7.16 Deny Oldfield Avenue Solar Garden CUP docx CITY OF SCANDIA, MINNESOTA PC RESOLUTION NO. 06-07-16-__ DENYING A CONDITIONAL USE PERMIT FOR A COMMUNITY SOLAR GARDEN LOCATED ON PARCEL NUMBER 02.032.20.230001 ON OLDFIELD AVENUE NORTH WHEREAS, Ameresco has made an application for a Conditional Use Permit for a Community Solar Garden to be located on Parcel Number 02.032.20.230001 located on Oldfield Avenue North, in partnership with Greenmark Solar, and owned by Granton J. Larson et al; and WHEREAS, the property is legally described as follows: NW1/4-SW1/4 Section 02 Township 032 Range 020, Washington County, Minnesota; and WHEREAS, the Planning Commission reviewed the request for a Conditional Use Permit at a duly noticed Public Hearing on March 2, 2016, reviewed additional materials submitted by the applicant, completed site visits, and discussed the project again on April 5 and June 7; and NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SCANDIA, WASHINGTON COUNTY, MINNESOTA, that it should and hereby does recommend denial of a Conditional Use Permit to develop a Community Solar Garden on Parcel Number 02.023.20.230001, located on Oldfield Avenue North, based on the following findings: 1. The proposed use has the potential to negatively impact the health, safety and general welfare of the occupants of surrounding lands. The City’s Solar Ordinance requires that “Solar farms and community solar gardens shall be screened from view from the public right-of-way to the extent possible by setbacks, berming, existing vegetation, landscaping, or a combination thereof.” The elevations on portions of the site where the proposed solar array would be located are 20 feet or more above the elevation of Oldfield Road in the vicinity of the property. The applicant submitted several design options for screening the array from view from the adjacent roadways using berms, topography, and vegetation, and visual simulations to show the potential visibility of the project with the proposed screening. The site visits and visual simulations that the applicant submitted indicate that the array will still be visible from some locations on adjacent roadways. The Planning Commission concluded that the site would not be adequately screened to meet the ordinance requirement for screening to the extent possible based on the screening options and visual analysis provided by the applicant. Resolution No.: 06-07-16-__ Page 2 of 3 The project will not affect the public health safety or welfare in other respects because it will not produce emissions or pollutants; it must meet regulatory requirements for stormwater management, erosion and sediment control; and must obtain required local, state and federal permits. The use will create minimal traffic. The use will not create noise impacts on surrounding areas. 2. The existing and anticipated traffic conditions will not negatively impact roadways. 3. The proposed use will assist 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. No documentation was submitted or available to the city to indicate that the proposed project may have a negative impact on property values, but the project may have the potential to impact and scenic views from local roadways and adjacent properties, as noted in item 1 above. It will not produce noise, emissions or other impacts that would negatively affect property values. 5. The proposed use is consistent with the goals and policies in the Comprehensive Plan that encourage the use of renewable, local and diverse forms of energy. The Planning Commission concluded that proposed use would not be consistent with the goals and policies in the Comprehensive Plan that state that new development in the city should be sensitive to community character, including scenic views. The Planning Commission concluded that the proposed use may negatively impact the scenic views from adjacent public roadways, and that the applicant’s proposed screening does not comply with the ordinance standard to screen the views of the solar array from adjacent roadways to the extent possible. 6. The proposed use meets the dimensional requirements of the Development Code, but does not meet the performance standards for screening Community Solar Gardens in the Code. 7. The proposed use will not have negative impacts on groundwater, surface waters and air quality. The use is required to obtain Watershed District and City permits to manage grading, erosion and sediment control to protect surface waters. The proposed plan avoids impacts to wetlands and related buffers. 8. The proposed use is allowed with a Conditional Use Permit in the Agriculture Core District. Resolution No.: 06-07-16-__ Page 3 of 3 Adopted by the Scandia Planning Commission this 7th day of June, 2016. ______________________________ Christine Maefsky, Chair ATTEST: _________________________________ Neil Soltis, Administrator/Clerk