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4. Planning Commission Report on Solar Farm Moratorium and Study r� SCA DIA Staff Report Date of Meeting: January 4, 2023 To: Mayor and City Council From: Anne Hurlburt, Interim City Administrator Re: Planning Commission Report on Solar Farm Moratorium and Study Action Requested: Review the Planning Commission's recommendations from their review of Solar Farms, pursuant to the Council's adoption of an interim ordinance placing a temporary moratorium on the development of distribution-solar energy facilities. Give directions on further study or actions to be taken, which could include drafting ordinance amendments. The moratorium (Ordinance No. 2022-01, attached) was adopted April 6, 2022 and will expire April 6, 2023 unless the Council acts to extend it (up to an additional nine months allowed by state law.) Planning Commission Recommendation: At their December 6, 2022 meeting, the Planning Commission adopted the following as their recommendation to the Council: The Planning Commission has been studying the issue of Solar Farms, as directed by the Council in their moratorium. As part of the study, the commission has reviewed other solar farm ordinances, and solicited comments and feedback from the community via a survey. Based on review of other ordinances, and the results of the survey, the Planning Commission has the following findings/recommendations: •Avoid decision-making and ordinance requirements based on capacity of energy companies. While capacity may be limited today, capacity and market demand can change in the future faster than an ordinance. •Allowing new solar farms, but in specific areas of the city, such as through an overlay zone that identifies appropriate locations and protects view sheds from development, instead of basing locations on the base zoning of the parcel. •Consider requirements to limit or prohibit new solar farms within a distance of 1,000 feet of arterial roads. •Add more effective screening requirements to new solar farms. •Require that boxes and poles are minimized or screened, so as to reduce impacts to view sheds. •Consider and research new or non-traditional options that result in immediate screening of new solar farms, such as requiring screening at a level of 100%prior to construction. Attachments: • Ordinance No 2022-01 • Solar Farm Survey Results • Excerpts of Planning Commission Minutes (May 3, 2022, June 7, 2022, July 5, 2022, October 4, 2022,November 1, 2022 and Draft Minutes December 6, 2022) • Memoranda from Planner Evan Monson, TKDA (April 29, 2022, September 28, 2022, and November 30, 2022) CITY OF SCANDIA WASHINGTON COUNTY STATE OF MINNESOTA ORDINANCE NO.2022-01 AN INTERIM ORDINANCE PLACING TEMPORARY MORATORIUM ON NEW DEVELOPMENT OF DISTRIBUTION SCALE SOLAR ENERGY SYSTEM FACILITIES IN THE CITY AND DIRECTING A STUDY TO BE CONDUCTED WHEREAS,the City's comprehensive plan, zoning, licensing, and development regulations may not adequately address various impacts to the public health, safety,morals, and general welfare presented by installation and/or operation of distribution scale solar energy systems otherwise known as "solar farms", solar power plants, photovoltaic power stations, solar parks, or so-called "solar farms" (such systems hereinafter collectively referred to as "Distribution SES");and, WHEREAS,the City has received complaints regarding inadequate screening and the location of existing Distribution SES in the City indicating that there is a need to address regulation of Distribution SES. WHEREAS,the City has determined that its development code regulations pertaining to local service solar energy systems, or Local SES, adequately addresses the public health, safety, morals, and general welfare of the community. Such systems are only for accessory use and predominantly serve on-site users. WHEREAS,the City has determined its present official controls do not adequately address resident concerns regarding Distribution SES and that a study regarding the establishment and maintenance of Distribution SES is necessary to protect the planning process and ensure the health, safety and welfare of Scandia residents. WHEREAS,to provide for adequate time for study, analysis,and the finalization of city code amendments regarding Distribution SES and to preserve the status quo within the City,the City desires to enact an interim ordinance on the applications for and the issuance of permits for Distribution SES. WHEREAS,Minnesota Statutes Section 462.355, Subd.4 permits a municipality to adopt an interim ordinance to protect the planning process and the health, safety and welfare of citizens after authorizing or while engaging in a study regarding the adoption or amendment of official controls for planning purposes. THEREFORE BE IT RESOLVED THAT, City Council of the City of Scandia, Washington County,Minnesota does hereby ordain as follows: SECTION 1.THE FOLLOWING INTERIM ORDINANCE IS ADOPTED: `pun :nacre fulpunoaans agl ui suoq!puoo lnluawuoalAua pun sasn aaglo uo sasn asagljo loaj3a agI punlsaapun aallaq of (p `pun Suaaouoo 2uivaaaos ssaappn aallaq of moH (o `pun `.sasn gons jo uollealuaouoo pun,CI!suop oqL (q `.sasn poll!uuad w pamolle aq pinogs sS3S uolinglalslQ gaigm u! sloulslp�iuiuoz anlnollaed aq L (e :Ouimolioj agI `o1 pzj!w!l Iou si lnq`apnlou! pinogs ,Cpnls agl jo odoos aqj•panmaoj ouio;i 1,CI!3 agI ulgl!m papgnoaa oq pinogs sSgS uollnq!alsl4 moq `os j! pun `XI!D agl jo suolleooi leuoll!ppn ui pan!uuad aq pinogs S3S uollnq!alslQ aaglagm auluualap of uo[sslwwoo 5uiuueld,(4!3 agI pun jjels XI!D ,Cq polonpuoo aq of paziloglnn si ,Cpnls y l'£ 'Wfll2IO.LV'2IOW `•AQfl LS DNLPIIOZ CINIV DNIMXVld '£MOUDgS •sluop!saa Jo aaujlam pun `,Clajes `glieag aql Ioaloid pun ss000ad Suiuunld aql iuianp onb snlnls agI ulnluimu of aapao u! saounmpao Suiuoz wiaalul jo uolldope aql sltuuad`j7•pgnS `SS£'Z9ti uoilaaS salnirlS nlosauuiW S'Z 'SgS uo►inglalsiCl of Sulumind suollnlnOw 2uluoz pue asn punt aAlsuogaadwoo Idopn ueo `ss000ad 2uiuueld sl!jo laed se`,CllO agI legl os palonpuoo aq of,Cpnls a aoj paau n si aaagd, t,'Z -eaae 2uipuno uns agI ui sasn aaglo uo sasn Bans jo Ioa3ja aql(a`pun:,CI!3 agI ui sasn gons jo,CI!suap pun uollealuaouoo aq j, (q :sasn pa:a!uuod se pomolle aq lings sasn gons golgm uj slolalslp minotpod aqj(q :poglaw ,Caoleln2oi aagloun ql!m palnlnSaa aq pinoo sasn gons aaglagM (n:2ulmollo3 agI oI paltwg lou lnq Oulpnloui `sasn gons jo uollnlnSaa aqI of Suiuinlaad sonssi asn pun! pun 2?u►uuuld lunog!u2is jo aagwnu a acre aaagl sasn gons jo suollna[.!ssnlo Buiuoz aadoid aql of uoil!ppn uI £'Z •satl!1!oej S3S uollnq!jlslQ ftpluft uoilnin2ai jo lanal aluudoiddn ue gsildw000E of alnnbapeui aau suo►Ieln�aa 2uluoz lua.uno ingl pauaaouoo si l!ounoD ,CI!D aq,L Z'Z `sasn lnlalsnpui ao leloaawwoo aaglo ,Cq pasnno Ioedwi aqI woaj.Iaullslp si go►gm`aiog,vm n sr ftj!o aqI uodn sn liam se`wagl guipunoaans saiyradoad 2uuogg2lau agI uo Iondwi un aneq sasn sall!1!ond S3S uoilnq!alslQ (e 'S3S lnoo-1 jo uo►leolldde agI olio slelaalew aAilnolunwwoo ,Cun jo luoluoo aql uo uollolalsaa ao uollnl!w!i a 2ulsodwt jo Ioajja agl anuq Iou saop oounuipao sigl 'S3S uollnq!alsta of 2wlelaa suollein&a 2ulsuaoil aiq!ssod pun Suluoz luounuuad of saliuugo aiq!ssod Ionua pun,Cpnls aAlsuagaadwoo u alaldwoo of,4 I4 aql molln ll!m aaunwpio aq L'Xl!D aqI ulgl!m S3S uollnq!aIslQ mau jo Iuawgsllguiso aqI uo wnuolnaow ,Canaodwal n 2uloeid,Cq elpunoS jo suozll!a agl jo w%jom pue `,Clajes `glluoq agI pue ssaooad 2uiuunld agI loaload of s! aoueuipao wlaalu!sigl jo osodand oql•asodand l'l e) The appropriate conditional use permit requirements. 3.2 Upon completion of the study,the matter is to be considered by the planning commission for a formal recommendation to the city council. 3.3 Pending completion of the study and adoption of any amendments to the City's official controls, a moratorium is established pursuant to Minn. Stat. § 462.355, subd.4, which prohibits the issuance of any development approvals of Distribution SESs, including but not limited to building permits, preliminary plats, re-zonings, variances, conditional use permits, site places,or licenses. The City will not review,consider, or approval any applications or permits related to the establishment of new Distribution SES while this interim ordinance is in effect. 3.4 This ordinance will be effective for a period of twelve(12)months after its effective date. SECTION 4. SEPARABILITY. 5.1 Every section, provision or part of this ordinance is declared separable from every section, provision or part of this ordinance. If any section,provision,or part of this ordinance is adjudged to be invalid by a court of competent jurisdiction, such judgment shall not invalidate any other section, provision, or part of this ordinance. By the affirmative vote of a majority of the City Council, and effective upon publication as required by law,the Cin of Scandia hereby approves and enacts the foregoing Ordinance this kjk day of April 2022. Christine Maefsky, Mayor ATTEST: Kenneth J. C milleri,City Administrator 12/27/2022 Solar Farm survey Results At.;MI SCANDIA 71 Overview of survey 207 total responses - 95%were Scandia residents • -5%of city population Of those who completed survey, a low% skipped or didn't answer a question Received a lot of feedback in open-ended questions - Common themes of open-ended comments No more solar/we have enough solar farms Open to more solar farms Existing solar farms(in particular the farm near Manning&97)should have required more screening Prefer solar to industrial/commercial/dense residential development Keep/restrict them to larger lots Limit to areas zoned commercial,industrial,or mining Allow landowners to choose how they use their land Let the market demand dictate if the city can have more Require more immediate screening 1 12/27/2022 Multiple Choice responses — Q3 "If solar farms were screened at 90%or greater immediately upon installation using a berm,scenic canvas, natural vegetation,or a combination of each,what's your opinion on allowing additional/new solar farms in the community?" Q3 40.0% 35.09/0 30.0% )5.0% 20 0% 15.0% 10.0% 5.0 f 0.0% Total Total Total neutralTotal oppose Total Total non- strongly support Strongly answers support oppose 1J Multiple Choice responses — Q4 "Solar farms are only permitted on parcels that are zoned AG C(link to zoning map).Would you support allowing solar farms in other zoning districts,in addition to areas zoned AG CT 40 0% 35 0% 30 0% 25 0% 20 0% 15 0% 10 0% 5 0% 0 0% Total Total support Total neutral Total oppose Total Total nmr, strongly Strongly answers support oppose 1 2 12/27/2022 Multiple Choice responses — Q5 "Do you support increasing restrictions on solar farms,such as limiting it to only larger sized lots?" Q5 30 0'i 25 0% 200% 15 0% 10 0% 50% '0 0% Total Total Total neutralTotal oppose Tntal Total non- sUongly support Strongly answers support oppose r -r 1 J Multiple Choice responses — Q6 "Some communities require beneficial plants,crops,or beehives to be co-located under and around solar panels in commercial projects.Would this type of requirement improve your view of solar farms?" Q6 35.0% 30.0% 25,0'% 20.0% 15.0% 10.0% S.0% , 00% Total Total Total neutral Total not Total Total non- strongly improve improve Strongly not anso:ers improve improve 1 J 3 1212712022 Takeaways • Close to even split among respondents between supporting and opposing, slight preference to opposing new solar — Screening standards changing over the years has resulted in frustration with early installations • Do not permit in other zones, keep in AG C — Farming of sunlight is no different than farming of crops • Slight preference to add more restrictions to new solar farms — Larger lots, further setbacks from roads/ROW, berms • Requiring plantings, crops, or natural areas to be incorporated with solar farms improved respondents'views on solar farms — Can help solar farms coexist with environment 4 Scandia Planning Commission May 3,2022 Page 4 of 5 Cammilleri said he is not sure why this exception is not in the draft, and could think of no reason it was eliminated. Cammilleri said it could be made a conditional use to keep accessory structures more flexible, and recommended moving away from variances. Staff recommended this language be drafted for the public hearing for consideration. STUDY OF DISTRIBUTION SCALE SOLAR ENERGY SYSTEMS (SOLAR FARM) ORDINANCE At their meeting on April 5t1i, the City Council adopted a temporary ordinance placing a moratorium on solar farms and directed the Planning Commission to study the current ordinance for potential changes. 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 Planner Monson said it is key to start identifying potential ideas and strategies that could address the items of study in the moratorium. Administrator Cammilleri added that the Council is concerned about having more solar farms, and what limitations are appropriate for solar farms. Commissioner Rynders said it appears there is a public concern about more solar farms;the wisest approach is to figure out what the public is objected to, and mitigate these concerns. Rynders said the Commission would benefit to better understand the public objections and mitigate those that the Council is hearing. Rynders noted that social media sites have complaints which could be gathered to try to solve these concerns. Administrator Cammilleri suggested a survey be conducted to understand the concerns. Commissioner Hogle said she had made a Facebook post on solar farms, and found the primary objection was the visual impact on the landscape, such as the electrical connections and the accessories to the panels themselves. Cammilleri said that the Commission may want to develop options for the council to consider along the way, such as screening improvements,restricted areas, and other factors to meet their expectations. Staff will begin outreach with a community survey, consult with other government agencies for comments, and compare solar ordinances from other communities. With assistance from Mike Lubke, the solar capacity map was explained. Staff announced that the Solar Operator of the Solar Farm at 23703 Oldfield Avenue has invited city officials to a site visit on May 17, 2022 at 5:30 p.m. Scandia Planning Commission June 7, 2022 Page 5 of 6 living space. Commissioners were in favor to direct staff to draft this language into the unified development code. There were no other public comments to address changes to the draft zoning code. Rynders, second by Libby, moved to recommend approval of the Draft Unified Development Code and Zoning Map to the City Council with the recommendations as approved tonight. Motion carried 5-0. Administrator Cammilleri clarified that a resolution will be prepared for the City Council's consideration of approval based on the Commission's recommendations for the Council meeting on June 21, 2022. CONTINUED: STUDY OF DISTRIBUTION SCALE SOLAR ENERGY SYSTEMS (SOLAR FARM) ORDINANCE Planner Monson prepared a draft of survey questions as discussed last month—to conduct a community survey on solar farm issues. Mike Lubke provided additional recommendations on the questions. Commissioners agreed that the survey should be short and concise. Staff will bring back a revised survey for more discussion at the July 5th meeting. DISCUSSION ON PETITION TO VACATE A PEDESTRIAN WAY TO GOOSE LAKE In April, the City Council received a petition to vacate a public easement which terminates at Goose Lake. The Council will conduct the public hearing on this issue at their meeting on June 21 st Chair Loeffler stated that it is within the Comprehensive Plan to maintain opportunities for people to use public easements,rights-of-way, and parks, and that the City should maintain the easement in question. Loeffler recommended the City retain this easement for the community. Commissioner Hogle noted that the item was tabled last month because the Commission did not know what this was about. Administrator Cammilleri stated that this is a complicated issue. The segment is legally defined as a pedestrian easement that should have been dedicated to the homeowner's association, but was added and dedicated to the Township after the development was created. The neighborhood seemed unaware of it until the petition came up. Now members of the subdivision have illegally built out the easement, causing instances of trespassing and done illegally without proper permits. The easement is not a city trail until formally adopted as a trail and used in accordance with the permitted uses. Cammilleri explained that the underlying landowner has brought forward the petition to vacate the easement. The easement would need to be improved to offer the entire community the benefit of an access to the lake—there are two substantial wetlands that hinder movement across the easement, making improvements problematic and complex. Cammilleri stated that at this point in the process, it is not the obligation of the Commission to review the petition. The Council will make a determination on the petition, and then it will make sense for the Commission to be involved. Because the Comp Plan says nothing about this easement as a trail, an amendment to the Comp Plan would be required. Cammilleri explained Scandia Planning Commission July 5, 2022 Page 6 of 6 The Commission voted 5-0 to table the request. CONTINUED: STUDY OF DISTRIBUTION SCALE SOLAR ENERGY SYSTEMS (SOLAR FARM) ORDINANCE Planner Monson provided a memo of community solar regulations in other communities to research similarities and differences in solar farm ordinances. Many follow a similar permitting process; some have unique timelines; there are differences in setback requirements (some loose, some greater like Cottage Grove and Chisago County having greater setbacks); some require parcels of a certain size; screening requirements vary widely. Monson presented a draft of survey questions in regard to solar farms, and said the community survey results will give a certain sense of direction as to what solar farms can look like in the future. The questions were refined after last month's discussion. Commissioner Hogle said it looks good and was pleased with this more streamlined version. Staff described a timeline to publish the survey next week through August 31st, and look at data at the September meeting. The Commission recommended having a redlined version of the current ordinance when considering amendments. CITY COUNCIL UPDATES Monson reported that the Council concurred with the recommendation to approve Markgrafs variance for an accessory structure. Chair Loeffler explained comments from Jay Riggs regarding wetland delineation. FUTURE ITEMS Tii Gavo proposal will return for the August 2nd meeting, as well as the public hearing on a future map amendment for 21820 Lofton Avenue. Chair Loeffler announced his resignation from the Planning Commission,this being his final meeting. Commissioners thanked Travis for his service and leadership. ADJOURNMENT Rynders, second by Engstrand, moved to adjourn the meeting. Motion carried 5-0. The meeting adjourned at 7:22 p.m. Respectfully submitted, Brenda Eklund City Clerk Scandia Planning Commission October 4,2022 Page 5 of 6 In considering the term for another extension, Cammilleri said the practice has been a maximum of 3 years depending on the nature, but 2 years would be reasonable here. Commissioner Rynders said they should propose an extension to June 30, 2024. Rynders, second by Libby, moved to recommend to the City Council that the Variance for 19235 Larkspur Avenue be extended to June 30, 2024.Motion carried 4-0 by roll call vote. The recommendation to extend the variance will be presented to the City Council at their meeting on October 18, 2022. XCDISCUSSION ON SOLAR FARM MORATORIUM AND STUDY Planner Monson summarized the community survey results on commercial solar farms. There were 207 responses (5% of the city population) intended to give a snapshot of opinions on the solar installations. Monson said comments were mixed regarding the issue, as there were respondents who were strongly supportive of solar farms, as well as respondents strongly in support of not allowing additional solar farms. There was a slight preference to add more restrictions to new solar farms,using larger lots and further setbacks from the roads. Incorporating plantings and crops with solar farms improved respondent's views on solar farms. Chair Hogle provided written comments on the survey results,noting the low response rate does limit conclusions. Commissioner Rynders said solar energy is an important component of addressing current issues, but the Council is concerned with public perception, as shown in the survey results. Rynders said he is not comfortable only relying on survey results, and questioned if they should go to the Council for direction in continuing to study the solar ordinance; it's challenging to formulate a recommendation based on survey results. Administrator Cammilleri said the survey results have found a divided community, and it makes it unclear what direction to go—they thought there would be more clear direction from the community based on the results. Commissioner Lubke said visibility and screening are problems with existing solar sites, and suggested they form a subcommittee to contact the developers to improve the existing screening. Cammilleri said forming subcommittees is difficult for the small staff size we have. There was consensus among the Commission to table further discussion on the solar farm study for the next meeting. DISCUSSION ON TINY HOUSES The topic of tiny houses was recommended by Chair Hogle to be on the agenda. Administrator Cammilleri explained that they are allowed,just not on an axle defined as a recreational vehicle; the structure must be permanently affixed to the ground. By consent,the Commissioners tabled this topic to the next meeting. Scandia Planning Commission November 1, 2022 Page 4 of 5 Commissioner Libby asked about Condition#6 to require a tree replacement plan, as the lot appears heavily wooded in the back. Administrator Cammilleri said the applicant will submit a landscape plan along with the grading plan to show trees being removed, and their replacement. Mr. Paulsen said only necessary tree removal will be done for the driveway and building area. Rynders, second by Libby, moved to adopt PC Resolution No. 2022-14,Approving Variances for 18558 Langly Avenue, with an amendment to remove the requirement from Condition #4 that requires removal of the culvert servicing the temporary driveway. Motion carried 5-0 by roll call vote. The recommendation to approve the variance request will be presented to the City Council at their meeting on November 16, 2022. DISCUSSION ON SOLAR FARM MORATORIUM AND STUDY At the last meeting, it was reported that the community survey results on commercial solar farms was inconclusive in giving direction on regulating solar farms. Administrator Cammilleri advised the Commission to not waste time working on an ordinance that the council may not support,but rather provide research on the criteria laid out in the moratorium in a report to the Council. The Commission should evaluate whether the current regulations are adequate for the city's goals in regulating solar farms, with a focus on the nuisance visibility component. Cammilleri noted an example from Section 3.1 of the moratorium—are appropriate CUP requirements in place to screen the facilities, and how could screening be improved. Administrator Cammilleri explained the goal is to produce a report with findings and recommendations in terms of regulating solar farms. The Commission can recommend what should be done based on rationale within the report,but needs to make sure all rationale is set out appropriately. Cammilleri said the report can give information,then let the Council decide which direction to go. The Commission reviewed the City of Wyoming's zoning map showing a commercial solar overlay primarily along certain corridors within the city. Commissioner Lubke said this could be a way to map Scandia viewsheds and where solar could be allowed or not allowed. Commissioner Rynders said the survey results showed that some of the public would like to see better screening and better enforcement by the city, and that solar arrays be only allowed in specific designated areas. Administrator Cammilleri said they had hoped the survey would give a clear mandate on direction,but this didn't happen. Chair Hogle said the survey had a low response rate with divided opinions both for and against solar farms. Commissioner Lubke said two recommendations could be that 1)require a ground box transformer versus poles, for a goal to minimize poles; 2)require screening, including screening canvas,to be completed before the arrays are installed. Administrator Cammilleri said that vegetation takes time to grow, and the city needs to provide a developer with a realistic time Scandia Planning Commission November 1,2022 Page 5 of 5 frame to establish screening, and there could be challenges to doing this. Staff will consult with the city attorney on the ability to withhold a building permit until landscaping is established. The Commission asked staff to draft a report for discussion at the next meeting, including goals to amend the ordinance for better screening with flexibility, better enforcement action and corrective action capabilities, specific designations of areas where solar farms can be built, minimizing poles, and requiring screening to be in place prior to installation of arrays. CITY COUNCIL UPDATES Planner Monson reported the following actions by the City Council at their meeting on October 18, 2022. • Approved Variances to add onto an existing cabin and construct a detached garage, located at 16940 197th Street North with the conditions as recommended by the Commission. • Approved an extension of a previously approved variance, located at 19235 Larkspur Avenue North to June 20, 2024 as recommended by the Planning Commission. • Approved the Final Plat for Tii Gavo 2nd Addition. The Planning Commission in August recommended approval of the Preliminary Plat, also approved by the Council at their August 16th meeting. • The City Council elected to move forward with a new consultant for planning services, starting in 2023. FUTURE ITEMS: Next meeting—December 6, 2022 There is a proposed conditional use permit, a review of a draft solar report, and a potential subdivision. ADJOURNMENT Rynders,second by Lubke, moved to adjourn the meeting. Motion carried 5-0. The meeting adjourned at 8:57 p.m. Respectfully submitted, Brenda Eklund City Clerk Scandia Planning Commission December 6, 2022 Page 10 of 11 -��_ DISCUSSION ON SOLAR FARM MORATORIUM AND STUDY ' Last month, it was determined that staff would draft a report outlining the findings on the solar farm study for the Commissioners to review prior to sending it to the City Council. Planner Monson presented the memo of findings based on the Commission's review of other ordinances and results of a community survey. Chair Hogle suggested at some point the closing of Xcel's coal-fired plant should be included, as the utility company will be relying more heavily on solar and wind energy in the near future. Hogle said this is pertinent information to consider for the report. Administrator Cammilleri said that state statute places expansion of transformers on the solar developers, and Xcel is seeking legislative change to this law. This issue is a challenge for the community. Staff asked if the Commissioners have any additional findings to add to the memo. Chair Hogle said it looks pretty complete based on our discussions. It was clarified that Commissioner Lubke's suggestions to consider zoning near existing power lines and along shoreland that are unnamed bodies of water fits into finding 92 of the memo. Rynders, second by Libby, moved to submit the moratorium study to the City Council as presented. Motion carried 5-0 by roll call vote. Staff recommended the report go to a future Council Work Session. There was consensus by the Commissioners for this recommendation. DISCUSSION ON THE.CAPITAL IMPROVEMENT PLAN REPORT TO THE CITY COUNCIL Administrator Cammilleri explained the requirement that the Planning Commission must determine if the 2023-20.32 Capital Improvement Plan is consistent with the City's current Comprehensive Plan. Staff recommended the Commission endorse the CIP. If found to be inconsistent, they would need findings to support the inconsistency. Commissioner Fodor asked how an inflation rate was applied to future projects. Cammilleri said inflation is forecast at 4% each year, and numbers are reworked as the year gets closer. This is the standard best practice used in capital budgets. Fodor noted how inflation can affect the entire scale. Cammilleri agreed, but said the Commission is not tasked with vetting the financial worthiness of the projections, but to evaluate the CIP in relation to the Comprehensive Plan. Rynders, second by Fodor, moved that the Capital Budget presented is consistent with the City's Comprehensive Plan. Motion carried 5-0 by roll call vote. CITY COUNCIL UPDATES Planner Monson reported the following actions by the City Council at their meeting on November 15, 2022. rmi 1mi TKDA 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: April 29, 2022 SUBJECT: Discussion on Solar Farm Moratorium and Study MEETING DATE: May 2, 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 TKDA® 1 444 Cedar Street Suite 1500 1 Saint Paul, MN 55101 651.292.4400 • tkda.com An employee-owned company promoting affirmative action and equal opportunity Solar Farm Moratorium&Study May 2,2022 Scandia Planning Commission Page 2 ITEMS TO CONSIDER While early in the process, it is key to start identifying potential ideas and strategies that could address the items of study in the moratorium. Zoning Districts permitting Distribution SES The commission could look at limiting the use to specific zoning districts in the city, or could look into more unique ideas such as an overlay zone specific to solar farm sites. Landowners looking to have a solar farm would have to rezone into the solar overlay prior to getting permits and approvals. Density and concentration of Distribution SES The commission should look at possible limitations on locations of solar farms. Requiring a 'buffer' between existing and new systems (such as requiring new solar farms to be 1,500 feet from other solar farms)would prevent solar farms from accumulating in certain areas of the city. Concerns with screening The current ordinance has requirements regarding screening of solar farms. Some systems installed initially in the city when the city had less stringent screening requirements stand out compared to others. The commission should discuss what ideal or effective screening could entail for new solar farms in the city, and could tour some existing examples of solar farms in the city. Understanding the effect of distribution SES on other uses and environmental conditions in surrounding areas The commission should look into the impacts of solar farms on their surroundings. If negative impacts are identified, then remedies to mitigate those impacts can be created. Conditional use permit requirements As a conditional use, solar farms require a conditional use permit(CUP). Said CUP can include conditions that are to address potential concerns or issues with the use that arise or identified during the review of the CUP. The commission should discuss what conditions work, and what conditions don't, to help address concerns with new solar farms moving forward. Other items to consider The moratorium is not limited to the items above; the commission is welcome to look at other issues as well with solar farms. This could include market factors, connections to the electrical grid, and others. Peer Communities The commission may want to look at the regulations used by other communities. Some within Minnesota that could be of value include. • East Bethel • Nowthen • Afton • North Branch • Isanti • Columbus • Andover • Credit River • Cottage Grove Readings and Research Instead of reinventing the wheel, existing resources can help aid the commission in studying solar farms. Included are some links to research and findings from others who have looked at permitting and regulating solar farms. 61 Solar Farm Moratorium &Study May 2, 2022 Scandia Planning Commission Page 3 • Case Study of Stearns County, M N • Model Ordinance—Great Plains Institute 1 TKDA, 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: September 28, 2022 SUBJECT: Discussion on Solar Farm Moratorium and Study MEETING DATE: October 4, 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 The city conducted a survey over the last month in order to get some feedback on the issue. Included in the meeting materials is a slideshow showing the results of the survey, which is also summarized on the following page of this memo. TKDA®1 444 Cedar Street Suite 1500 1 Saint Paul, MN 55101 651.292.4400 • tkda.com An employee-owned company promoting affirmative action and equal opportunity Solar Farm Moratorium&Study October 4,2022 Scandia Planning Commission Page 2 SURVEY As expected, most respondents of the survey were residents of the city(95%). Comments were mixed regarding the issue, as there were respondents who were strongly supportive of solar farms, as well as respondents strongly in support of not allowing additional solar farms. In regards to question 3, which asked if increasing the screening level upon installation to 90% or more would change people's opinion, 42%were Supporting or strongly supporting more solar farms in the city, and 47.8% opposed or strongly opposed. 9.2%were neutral. In the open-ended questions, multiple comments noted frustration with early solar farm installations that were installed when screening standards were lower. Question 4 asked if solar farms should be allowed in other zones in addition to AG C; 49.3% opposed or were strongly opposed to allowing them in other zones, while only 32.4% supported or strongly supported. Nearly 13% were neutral. Some of the open-ended comments suggested allowing solar farms in commercial, industrial, or mining overlay zones in the city. Question 5 asked if respondents supported more restrictions on solar farms, such as limiting them to larger lots. 37.2%were supporting or strongly supportive of more restrictions,while a third of respondents were opposed or strongly opposed to more restrictions. 21.7%were neutral. A number of comments received noted more immediate screening, such as berms and mature trees, larger lot requirements, and increased setbacks could be solutions. Some comments received noted that the city should respect the rights of property owners to choose if they want solar farms on their land, and noted they preferred solar farms to commercial or dense residential development. Question 6 asked if requiring native plantings, crops, or beehives be integrated with solar farms would improve views of solar farms. Just over 55% noted their opinions would improve or strongly improve, while only 20.3% noted it would not improve; 15%were neutral. Some respondents though that more native plantings and crops could help better integrate solar farms with the surroundings. Overall, survey respondents opposed more solar farms by a slight margin over allowing more. Given the number of responses were about 5% of the city's population, the survey results are not an exact measure of everyone's views, though this does give the commission important data to work with. POTENTIAL SOLUTIONS In July, we had looked at ordinances in other'peer' communities to compare and contrast what is and is not allowed or required for solar farm installations. Some of the most restrictive peer communities limited solar farms to zones that are not prevalent, such as industrial. For reference, Scandia has only one industrial park, located east of the village center. A number of communities limited solar farms to large lots; requirements ranged from 5 acres to 10 acres as the minimum needed; the city does not have a size requirement currently. Setback requirements varied from community to community, with many having similar distances to what we require currently. Scandia's current requirements are 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. Screening varied from community to community, with many not having specific standards ('screening shall be determined by the city'). One example with specific standards was North Branch, who required two rows of conifers of 8 feet in height upon installation be used to screen solar farms, or a combination of berms + plantings if the conifers alone could not screen the installation. Given the respondents of the survey taking issue with a perceived lack of immediate screening, something similar this could be adopted. 7 Solar Farm Moratorium&Study October 4,2022 Scandia Planning Commission Page 3 NEXT STEPS The commission should discuss the results from the survey, and re-review the findings from the ordinances of the 'peer' communities. Based off discussion,the commission can ask staff to draft some specific ordinance language to review and consider at an upcoming meeting. 7 Solar Farm Moratorium&Study October 4,2022 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. 7 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: November 30. 2022 SUBJECT: Solar Farm Moratorium and Study MEETING DATE: December 6, 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 in late 2021/early 2022 that would open certain shoreland areas,the City Council looked at reviewing the current zoning regulations of such uses. The City Council then 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 The city conducted a survey earlier this year in order to get some feedback on the issue. At the Planning Commission level, we have reviewed the ordinances of other nearby communities, focusing on what is similar, and what is different from their ordinances and ours. The Planning Commission reviewed the results of the survey at a recent meeting, noting that the responses received showed nearly an even split on whether new solar farms should be allowed or not. Based on the survey results, and discussions on the topic during the moratorium, the commissioners last month looked to draft a memo outlining their findings on the study for the City Council to review. On the following page is a draft for the commissioners to review, and amend as needed, prior to forwarding to the council. TKDAO 1 444 Cedar Street Suite 1500 1 Saint Paul, MN 55101 651.292.4400 • tkda.com An employee-owned company promoting affirmative action and equal opportunity. Solar Farm Moratorium&Study December 6,2022 Scandia Planning Commission Page 2 The Planning Commission has been studying the issue of Solar Farms, as directed by the Council in their moratorium. As part of the study, the commission has reviewed other solar farm ordinances, and solicited comments and feedback from the community via a survey. Based on review of other ordinances, and the results of the survey, the Planning Commission has the following findings/recommendations: • Avoid decision-making and ordinance requirements based on capacity of energy companies. While capacity may be limited today, capacity and market demand ran change in the future faster than an ordinance. • Allowing new solar farms, but in specific areas of the city, such as through an overlay zone that identifies appropriate locations and protects view sheds from development, instead of basing locations on the base zoning of the parcel. • Consider requirements to limit or prohibit new solar farms within a distance of 1,000 feet of arterial roads. • Add'more effective screening requirements to new solar farms. • Require that boxes and poles are minimized or screened, so as to reduce impacts to view sheds. • Consider and research new or non-traditional options that result in immediate screening of new solar farms, such as requiring screening at a level of 100% prior to construction.