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08.b Draft minutes 02-07-2023 Planning Commission February 7, 2023 The Scandia Planning Commission held their regular monthly meeting on the above date with modifications. The meeting was conducted in-person and virtually over an electronic platform. All participants who joined the meeting remotely could hear each other and contribute to discussions. Planning Commissioner Travis Loeffler was sworn in for a 5-year term on the Planning Commission. The City Council appointed Loeffler at their meeting on January 17, 2023 to fill a vacant term. Vice-Chair Kirsten Libby called the meeting to order at 7:00 p.m. The following were in attendance: Commissioners Laszlo Fodor, Kirsten Libby, Travis Loeffler, and Perry Rynders. Absent: Chair Jan Hogle. Staff present: City Planner TJ Hofer, Interim City Administrator Anne Hurlburt, City Clerk Brenda Eklund, and Treasurer Colleen Firkus. City Council member Steve Kronmiller was also present. PUBLIC FORUM There were no public comments. APPROVAL OF AGENDA, MINUTES Loeffler, second by Rynders, moved to approve the agenda as presented. Motion carried unanimously. Rynders, second by Loeffler, moved to approve the December 6, 2022 minutes as presented. Motion carried unanimously. ELECTION OF PLANNING COMMISSION CHAIR AND VICE-CHAIR The Commissioners voted to recommend Travis Loeffler to serve as Chair and Jan Hogle as Vice-Chair until February 1, 2024. The recommendation will be considered for approval by the City Council at their meeting on February 21, 2023. PUBLIC HEARINGS There were no public hearings. SOLAR FARM MORATORIUM AND STUDY At the December 6, 2022 Planning Commission meeting, staff presented a memo detailing the findings of the Planning Commission on their study of the existing solar ordinance. This was reviewed by the Planning Commission and sent to the City Council for their January 4, 2022 meeting, The Council directed staff to move forward on an ordinance amendment that would implement the findings of the study. Planner Hofer presented a draft ordinance for a zoning amendment that would create a Solar Energy Systems Overlay District to allow solar energy systems - distribution scale (Distribution SES) in specific areas of the City. The map showed a 1,000 ft. setback from minor arterials and a Scandia Planning Commission February 7, 2023 Page 2 of 4 500 ft. setback from all other public roads which form the basis of where distribution SES are allowed and where the SES-Overlay would be applied. The draft ordinance would allow distribution SES in certain areas of the shoreland overlay district, where it applies to Recreational Development lakes, rivers, and streams. Distribution SES would be prohibited in Natural Environment lakes shorelines and prohibited in the Saint Croix River District. Hofer explained that these sensitive areas are vulnerable to development, and recommended for restriction by the DNR. The distribution solar systems could be allowed around recreational development lakes with conditions, provided the setback from the OHWL is met. Other amendments to the solar ordinance addressed utility pole requirements, financial guarantees, screening changes including the use of scenic canvas until establishment of vegetation screening, and allowing ag crops to be grown within the areas of the solar arrays. Planner Hofer asked the Commissioners to discuss the draft ordinance and recommend any changes to prepare the ordinance for a public hearing. Interim Administrator Hurlburt noted an email which staff received from Commissioner Hogle with comments on the draft ordinance, and stated that the comments will be entered into the record. Comments included the survey validity, extreme setbacks, that current solar farms would become non-conforming under this new ordinance, the ordinance would eliminate parcels which could support SES in the future, as well as have an effect on future power supply, and the large setbacks may result in the solar installations removing existing tree cover on properties. Commissioner Loeffler said he did not recollect a DNR letter to prohibit solar around natural environment lakes. Rather, the Commission had been working on having them solely around natural environment lakes. Hofer noted recent staff turnover, but a letter from the DNR was in a guidance document received from the DNR which was sent to other staff. Commissioner Loeffler said that the Commission had been recommending solar be allowed around natural environment lakes because the lakes are generally within property zoned Ag Core. One way to protect waters is to allow solar and decrease ag use that may contribute to harmful runoff into the lakes. Allowing low impact solar energy systems would protect waters, whereas tilling land near the shoreline is more damaging. Hurlburt said she is also new to this study, but typically in shoreland areas, recreational use is intense; natural environment lakes have less intensive use and more natural uses. The direction seems counterintuitive but an environmental reasoning could be there. Commissioner Rynders said that scenic views could be impacted by residents and users of recreation developed lakes. Visibility of the solar systems is the public’s biggest complaint. Scandia Planning Commission February 7, 2023 Page 3 of 4 Commissioner Loeffler questioned the number of qualifying properties shown on the overlay map that could support solar farms. He remembered there being only a small number of properties which would qualify based on the draft ordinance that the Commission approved in December 2021. Loeffler said there may be public distrust that there could be this many areas for potential solar farms. Interim Administrator Hurlburt questioned if there would be any restrictions based on the vicinity of Xcel’s existing transmission line, as this is the only major power transmission line that could support solar. Mike Lubke, Scandia Trail: Clarified that the earlier draft ordinance allowed solar only around natural environment lakes that are encapsulated by Ag Core zoning. This limited the number of potential properties, with the idea to not disturb or impact residential areas. Interim Administrator Hurlburt said the ordinance would need to key it to zoning as the criteria. Lubke presented a power point of a summary of ordinance changes requested – identified as strong screening requirements, protection of shore impact zones to eliminate runoff into lakes, and to allow solar around natural environment lakes. Lubke said this is in line with the DNR option for siting solar power facilities in shorelands. By requiring the entire shoreline around natural environment lakes to be fully encapsulated by Ag Core, this limits potential locations to have distribution solar systems in the city. Regarding Lubke’s recommendation that screening must include two rows of a specific evergreen known to do well in soil type that exists on site to ensure the solar farm is screened year-round, Commissioner Loeffler said he is okay with this and to mix in a variety of shrubs. Loeffler said they have to promise the community that developers will be held accountable for stricter screening requirements. Commissioner Rynders said he too is okay with Lubke’s recommendation to have two rows of evergreens, and the community would appreciate this. Rynders said he also concurs with the idea of allowing solar near natural environment lakes and not within recreational lake shorelines. Rynders said he is also supportive of the increased setbacks from roadways. Lubke noted the location of existing phase 3 lines limits the parcels that are eligible for solar. Regarding screening from the surface of lakes, Planner Hofer said he could add provisions about site lines from water surface activities. Staff recommended the Commission review an updated draft ordinance at their next meeting before scheduling a public hearing. Staff noted a list of issues to address: • Revise language to allow within natural environment lakeshore, prohibit in recreational lakeshore; • Language on screening from adjacent properties, roadways, and water bodies; Scandia Planning Commission February 7, 2023 Page 4 of 4 • Require two rows of evergreens plus provide variation, and define property visibility to make screening easier to understand; not monoculture, require seasonal variety; • Language that natural environment lakeshore is completely contained in Ag Core zoning; • Research the issue of clear cutting/major vegetation removal; • Adding vegetative buffer to the shore impact zone; • Develop a legible overlay map regarding map colors. Hurlburt noted that the moratorium can expire, or the Council can extend the moratorium up to another nine months. The Council can take action on an extension in March before it expires on April 6, 2023. PLANNING AND ZONING 101/ ZONING DECISIONS Interim Administrator Hurlburt presented a review on planning and zoning decisions, including land use regulation, legislative and quasi-judicial authority, comprehensive plan, zoning decisions and the open meeting law. Hurlburt recommended the Commission discuss site visit guideline procedures at a future meeting. CITY COUNCIL UPDATES Council member Kronmiller is the new liaison to Planning Commission this year. Kronmiller reported that the Council recently adopted a policy to not have meetings extend past 10:00 p.m.; not mandatory but good guidelines to follow. FUTURE ITEMS: Next meeting – March 7, 2023 A draft of the solar ordinance will return, plus a review of site visit guidelines. ADJOURNMENT Loeffler, second by Rynders, moved to adjourn the meeting. Motion carried unanimously. The meeting adjourned at 9:34 p.m. Respectfully submitted, Brenda Eklund City Clerk