7.b2 1 Oldfield Solar Garden staff report and resolution444 Cedar Street, Suite 1500
Saint Paul, MN 55101
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MEMORANDUM
To: Scandia City Council Reference: Oldfield Avenue Solar Garden CUP
Neil Soltis, Administrator
Copies To: Brenda Eklund, Clerk
Ryan Goodman, PE, City Engineer
Christoph Heinzer, Ameresco,
applicant
Granton J. Larson, owner
Greenmark Solar; Landform Inc.
From: Sherri Buss, RLA AICP, Planner Proj. No.: 16022.006
Date: June 8, 2016 Routing:
SUBJECT: Ameresco Request for CUP for Oldfield Avenue Site Solar Garden
MEETING DATE: July 21, 2016
LOCATION: PID 02.032.20.230001—east of 236th and 237th Street North on Oldfield Avenue
APPLICANT: Christoph Heinzer
Ameresco
9855 West 78th Street, Suite 310
Eden Prairie, MN 55344
OWNER: Granton J. Larson et all
39th Avenue NE, #102
Columbia Heights, MN 55421
ZONING: Agriculture Core (AG C)
120-DAY PERIOD: August 10, 2016
ITEMS REVIEWED: Application, Plans, and other materials received February 12 through May 27,
2016
BRIEF DESCRIPTION OF THE REQUEST:
The applicant is requesting a Conditional Use Permit (CUP) to develop a Community Solar Garden on parcel
02.032.20.230001, north of 23359 Oldfield Avenue North and east of 236th and 237th Street North. The
subject property is located in the Agriculture Core (AG C) Zoning District, and includes 39.93 acres.
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BACKGROUND AND PROJECT DESCRIPTION:
Ameresco and its partner, Greenmark Solar, are proposing to develop a community solar garden on the
parcel north of 23359 Oldfield Avenue that is consistent with the State of Minnesota Solar Garden Program
that was established in 2013. The program allows developers to permit, develop, own and operate solar
projects with the ability to sell the solar electricity directly to customers. The projects connect to Xcel
Energy’s distribution grid, and Xcel delivers the power to customers. Ameresco is the Engineering,
Procurement, and Construction (EPC) contractor for the proposed project.
The proposed project will become the primary use on the parcel. The current use is agriculture. Figure 2
attached to the application form, titled “Existing Site Conditions,” shows the existing site. Some of the
figures submitted with the application show a larger site that was originally included in planning for the
project. Staff asked the applicant to revise the figures to accurately show the proposed site. Staff have
included an aerial photo that identifies the correct parcel and parcel identification number. Plan sheet G-130
submitted with the application also shows the correct site area.
Site Plan. The solar garden will consist of five 1 Megawatt (MW) Solar Gardens. Each garden is proposed
to occupy approximately four acres of land. The proposed layout is shown on plan sheet G-130. The
application state that the final layout of the arrays will be subject to engineering and final Xcel Energy
approval with the goal of avoiding wetlands and drainage ways and meeting the requirements of the City’s
Development Code. The applicant states that the ground cover below the solar modules will be planted as a
short to medium height “prairie-type” grass.
The project includes an access road from Oldfield Avenue for construction and maintenance that ends in a
cul de sac in the central portion of the site. It may also include a security fence around the site. The
applicant says that each of the 1MW AC solar arrays will consist of 4,320 modules and a fixed axis tilt
racking system that will connect to SMA Tripower 60kW inverters. Each module will measure
approximately 76.9x38.7x1.57 inches, and contain 72 multi-crystalline solar cells that are connected in
series. The modular frames will be constructed of an anodized aluminum alloy and be coated in
approximately 3.2 mm of tempered glass. Individual modules weigh approximately 48.5 pounds.
Each 1 MW AC array will consist of approximately 240 strings with 18 modules wired in series per string.
Approximately 15 strings feed one 60 kW inverter. Inverters are then connected to a meter which measures
the amount of electrical energy produced. The electrical energy will be distributed directly to Xcel, the
public utility grid, via a point of interconnection in the center of the parcel on the west side, located along
Oldfield Road in proximity to the 20’ wide gravel access road.
The application states that the solar arrays will face south, will typically be tilted at a 30-degree angle, and
will not exceed 15 feet in height when oriented at maximum tilt. The applicant noted that all photovoltaic
systems will comply with the Minnesota State Electric Code and other applicable codes.
The applicant submitted revised figures and information several times during the review process, with
final submittals on May 27, 2016 that responded to Planning Commission requests.
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CRITERIA FOR GRANTING A CONDITIONAL USE PERMIT (CUP)
The City’s Development Code identifies the criteria that should be considered for evaluating a CUP request
and granting a CUP or amendment. The Code indicates that the criteria that the Planning Commision shall
consider include the following:
The use complies with the Comprehensive Plan, including the public facilities and capital
improvements plans.
The proposed 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 use will not injure the use and enjoyment of other property in the immediate vicinity for purposes
permitted, substantially diminish and impair property values or scenic views.
The use will not impede the normal and orderly development and improvement of surrounding
property for uses permitted in the district.
Adequate public facilities and services are available or can reasonably be provided to accommodate
the use proposed.
The proposed use shall conform to the applicable regulations of the district in which it is located and
all other applicable standards of this Chapter.
The use complies with the general and specific performance standards as specified in the Zoning
Ordinance.
The Development Code also includes specific performance standards and requirements for Community Solar
Gardens. This report also analyzes the proposed project based on the general and specific standards and
requirements for CUP’s and solar gardens.
DETAILED EVALUATION OF THE REQUEST:
Comprehensive Plan
The Comprehensive Plan states that the primary land use in the Agriculture Core (AG C) District will be
agricultural production. The plan notes that the City encourages the use of renewable, local, and diverse
forms of energy in order to increase the use of local resources, mitigate the local risk form fossil fuel scarcity
and price increases, and help meet Minnesota’s climate protection goals. The plan includes a number of
implementation strategies that support the use of renewable energy systems. The City recently adopted
Ordinance 162 permitting Community Solar Gardens and Solar Farms in the AG C and General Rural (GR)
Districts to help to implement the goals and strategies in the Comprehensive Plan.
The proposed site is located within the AG C district on a site that has been used for agriculture. About 82%
of the site is tillable, and about 18% of the site is woodlands. The proposed site use to produce solar energy
is consistent with the energy-related goals of the Comprehensive Plan. The request is consistent with the
goals of the Comprehensive Plan.
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Minimum Lot Size and Frontage
Ordinance 162 requires that Solar Farms and Solar Gardens be located on parcels that are a minimum size of
5 acres. The Development Code requires a minimum road frontage of 300 feet for parcels that are 4.0 acres
or larger. The proposed solar garden is located on a 39.93-acre parcel with over 1,300 feet of frontage. The
request meets the lot size and frontage requirements.
Setbacks
The AG C District and Solar Ordinance structure setback requirements are the following
40 feet front
20 feet side
50 feet rear
The proposed structure setbacks are shown on the Proposed Site Plan G-130. The proposed setbacks meet
the ordinance requirement.
Accessory Structures
The Development Code (Solar Ordinance) exempts solar farm and community solar garden uses from the
Residential and Agricultural Accessory Structure standards regarding the square footage and number of
structures permitted on a parcel.
Structure Height
The Development Code (Solar Ordinance) permits a maximum height of 15 feet for the structures in the
system. The application states that the maximum height of the solar panels will be 15 feet, and the Elevation
Drawing submitted with the site plan shows the panel height as approximately 9 feet at 30% tilt. The
proposed structures meet the height requirement.
Lot Coverage
The maximum allowable lot coverage is 25% in the AG C District. The Comfort Lake-Forest Lake
Watershed District commented that the solar array as proposed will not be counted as impervious area if the
panels are elevated on posts and the area under the panels is fully-vegetated. The array will be erected on
posts without foundations so that it may be removed in the future. The applicants stated that the area under
the solar modules will be planted as a short to medium height natural “prairie-type” grass.
The impervious areas proposed on the site plan include a 20-foot wide access road and driveway between the
rows of solar panels on the site. There is no existing impervious coverage on the parcel. The Planner
calculated the impervious area of the parcel to be less than 1% with the proposed improvements. The
coverage meets the ordinance requirement.
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Roadways, Access and Traffic
The proposed site access road connects with Oldfield Road, a city street. The access road will be used for
construction and on-going maintenance of the facility. After construction is complete, a few vehicles may
access the site each week for security and maintenance.
The Planner sent a copy of the application to the City Engineer and requested that he provide comments or
suggested conditions for the CUP. The Engineer requested that the applicant revise the figures in the
application to identify the locations of Xcel infrastructure and connections to the proposed project. The
applicants submitted new figures, and the Engineer revised this comments on March 25, 2016. His revised
comments and requests for conditions for approval include the following:
The applicant shall secure and record the Oldfield Avenue North right-of-way along the entire
western boundary of the property (Parcel ID: 0203220230001), thirty-three (33) feet east of the
section line.
The site access road location shall be revised on the plan to align with the intersection of 237th Street
North and Oldfield Avenue North. The access road shall maintain a width of twenty (20) feet or
greater and typical section of the access road shall be suitable to support emergency medical vehicles.
The revised plan shall eliminate the ninety (90) degree turns, and appropriate radii shall be installed
to provide access for fire equipment. The City Engineer and Fire Chief shall review and approve the
final plans.
The applicant shall submit additional survey information, including the final plans and grading plan,
to the City Engineer for review so that he may determine if the driveway apron requires a driveway
culvert to maintain drainage. The drainage plan shall include sufficient information to determine that
water will not pond on the access roads so that they are able to support emergency medical vehicles.
The applicant’s contractor shall directional drill under the roadway or install an overhead power
line/pole crossing to connect to the point of common coupling from the existing overhead power lines
on the west side of Oldfield Avenue. The new power pole for an overhead connection shall be
located outside the new easement area on the east side of Oldfield Avenue North.
The applicant shall schedule a preconstruction meeting with the City prior to the start of construction
work.
The applicant shall be responsible for any damage to public roadways from construction equipment
or hauling trucks. The applicant shall restore the roadway(s) to the existing condition prior to
construction activities.
The Planner included the Engineer’s conditions as proposed conditions for approval of the CUP.
Lighting
The applicants have not proposed new lighting at the site. Any new lighting will need to meet the ordinance
requirements.
Landscaping, Screening, and Potential Glare
The City’s Solar Ordinance requires the following:
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“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.”
“All solar farm and community solar garden facilities shall be designed and located in order to
prevent reflective glare toward any inhabited buildings on adjacent properties, as well as adjacent
street rights-of-way. Steps to control glare nuisance may include selective placement of the system,
screening on the side of the solar array facing the reflectors, reducing the use of the reflector system,
or other remedies that limit glare. Solar farms utilizing a reflector system shall conduct a glare study
to identify the impacts of the system on occupied buildings and transportation rights-of-way within a
half-mile of the project boundary.”
The application includes a discussion of the potential glare from the solar arra y. The application states:
“The modules will be in a fixed orientation pointed to the South, and tilted upward at a 30-degree
angle from the plane of the ground. Residences to the North, East or West of the array therefore will
not be affected by glare, because it will be directed southward. The only site located within one-half
mile from the south side of the site is already buffered from view by existing areas of trees and
vegetation.
“Therefore glare is only a concern for northbound travelers on Oldfield Avenue. Approximately 700
feet and farther South of the site, travelers are screened from view of the modules by the topography
of the land and existing trees and vegetation. There is a stretch of roadway within 700 feet and closer
south of the site which has potential for glare. A glare analysis may be done to determine the
amount, if any, glare that will be in view for travelers on this section of Oldfield Avenue.”
The application did not include a vertical sketch elevation of the premises drawn to scale with the original
application that shows the proposed system and relationship to structures on adjacent lots within 150 feet of
the parcel boundary because there are no structures within 150 feet of the site boundary.
The topographic information suggests that portions of the site are up to 40 feet above the elevation of
Oldfield Avenue. The original application did not provide information about the proposed grading on the
site, and whether the elevations will be changed to accommodate the solar garden. The elevation will affect
the visibility of the system, and may increase the visibility from Oldfield Road. The existing vegetation on
the parcel to the south of the parcel where the solar garden is proposed (PID 02.032.20.32.0001) may help to
screen views of the system from the south, but will not screen views form Oldfield Road.
The Planning Commission requested additional analysis and plans for screening the site to address the
ordinance requirements. The applicant submitted additional materials for the April and June Planning
Commission meetings. The Planner has included conditions for screening based on the new submittals and
Planning Commission recommendations on June 7.
Wastewater Treatment
No wastewater treatment is needed for the proposed Community Solar Garden.
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Land Alteration, Grading, and Stormwater Management
The Planner sent a copy of the application to the Comfort Lake-Forest Lake Watershed District (CLFLWD)
and to the City Engineer for review.
The Watershed District provided the following comments:
“For this site, Stormwater Management per Rule 2.0 will be required if they are adding more than
1 acre of impervious surface. Gravel, access, roads, solar posts and equipment pads all count
towards impervious. Quantification of total impervious area is required.
Because they will be moving more than 200 cubic yards of material, a permit will be required for
Rule 3.0 Erosion Control.”
The City Engineer provided the following comments on the application:
1. Proposed project will disturb fifty (50) cubic yards or more and/or disturb 1,000 square feet or more
along with clearing trees. This will require a Grading/Land Alteration Permit Application. The
following items should be added to the construction plans:
a. Proposed locations of grading activity with submittal of a grading plan
b. Erosion and sediment control plan shall be prepared for construction activities
2. All site work shall be in compliance with the rules of the Watershed District and Wetland
Conservation Act. The Washington Conservation District shall review the wetland delineation and
proposed wetland setbacks and buffers.
The Planner has included the following conditions based on the CLFLWD and Engineer comments:
The applicant shall obtain all required Watershed District permits for the project.
The applicant shall obtain a Grading/Land Alteration Permit for the project.
The applicant shall add the following items to the construction plans: proposed locations of grading
activity with submittal of a grading plan, and an erosion and sediment control plan for construction
activities.
All site work shall be in compliance with the rules of the Watershed District and Wetland
Conservation Act. The Washington Conservation District shall review the wetland delineation and
proposed wetland setbacks and buffers.
Wetlands
Figure 1 titled “Hydrology Features” identifies the wetlands that are shown on the site by the National
Wetlands Inventory. The applicant did not submit a Wetland Delineation for the site. Delineations cannot
be completed during the winter months. The Planner requested that the applicant contact Jed Chesnut of the
Washington Conservation District for a wetland determination. If Jed is able to complete the determination
prior to the Planning Commission meeting, the information will be available to the Commission at the
meeting. Jed provided the following information and several maps:
“I have reviewed desktop map resources for parcel #02.03.22.02.30001.
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The Washington County Soil Survey indicates there is a mapped hydric (wetland) soil along the
western boundary and in the northwest corner of the property;
The National Wetland Inventory does not show wetlands on this parcel;
There are various drainageways on the property. There is one associated with the mapped hydric
soil and one in the northeast corner of the property. These low areas may or may not contain
wetland. Field verification is needed for these areas;
There are no mapped DNR Public Waters/wetlands on the parcel;
A review of aerial imagery shows possible signatures that could be characteristic of soil
saturation and/or wetland in the drainageways, as mentioned above;
“Based on my review of the desktop resources, I am unable to make a conclusive “no wetlands
present” determination for the subject parcel. With the mapped hydric soil, landscape position of
drainageways/swales, and the possible photographic signatures of possible soil saturation and
wetland vegetation, wetlands may exist on the parcel. This summary is not an official determination
of wetland presence/absence. It is my opinion that field verification is necessary for a wetland
determination for various areas on this property.”
The City’s ordinance specifies that solar facilities are not allowed within regulated wetlands. The applicant
will be required to maintain 75’ wetland buffers around the regulated wetlands. The Comfort Lake Forest
Lake Watershed District may have additional requirements for wetland buffers or setbacks.
The Planner has included a condition that the applicant shall complete a wetland delineation for the site, and
provide a copy of the report to the City. The applicant shall update the site plan to show the delineated
wetlands, setbacks and buffers that the City and Watershed District require, and to show that no structures
are located within the wetlands, setback, and buffers. The applicant shall identify the boundaries of the
wetland buffers in the field prior to construction of the facilities on the site.
Signage
The Solar Systems ordinance requires that the applicants place a clearly-visible warning sign concerning
voltage at the base of all pad-mounted transformers and substations. Mechanical equipment shall be
completely enclosed by a minimum 8-foot high fence with a self-locking gate. The Planner has included a
condition that the site shall comply with ordinance requirements for warning signage and equipment safety.
Fencing
The site plan shows a proposed perimeter fence around the solar garden, but does not indicate the fence
height or material. The Development Code requirements related to fencing on the site include the following:
The side of the fence considered to be the face shall face the abutting property.
No fence shall be constructed on the public right-of-way.
Fences which exceed 6-feet in height are permitted by an Administrative Permit, except in a yard area
abutting a road right-of-way. No fence shall exceed 12 feet in height.
Fences along a property line abutting a road right-of-way may be up to 6 feet in height provided the
fence is a wire strand, woven wire, or wood rail fence.
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Fences may be placed along a property line provided no physical damage of any kind results to
abutting property.
The Planner has included a condition for approval of the CUP that the applicants comply with the fencing
requirements of the Development Code and the Solar Ordinance. The applicants shall obtain an
Administrative Permit for the boundary fence if it exceeds 6 feet in height.
Environmental Issues
The generation of solar energy on the site involves no moving parts, will not use water, and will not produce
emissions. The Planner has included proposed conditions for approval to address potential glare from the
project that may impact public roadways and adjacent residential properties. The applicants will need to
comply with Watershed District and City regulations related to stormwater management and erosion and
sediment control.
There are no rare species or conservation areas located within one-half mile of the project site.
Based on the information and plans provided, the proposed construction and operation is not expected to
have environmental impacts on the site or surrounding area.
Interconnection Agreement and Liability Insurance
The Solar Systems Ordinance requires the applicant to complete an interconnection agreement with a local
utility and provide a copy of the agreement to the City before approval of electrical building or other
required permits, and that the system operator shall provide a visible external disconnect if required by the
utility.
The ordinance also requires the applicant to maintain a current general liability policy covering bodily injury
and property damage with limits of at least $1 million per occurrence and $1 million in the aggregate, and
provide proof that it meets the insurance requirement to the City. The applicant states that the owner will
maintain a current general liability policy that meets the insurance requirement.
The Planner has included conditions for approval of the CUP that require the applicant to complete an
interconnection agreement with the local utility and submit a copy of the agreement to the City before
permits will be issued, and that the applicant submit proof on insurance that meets the ordinance
requirement.
Decommissioning Plan
The ordinance requires the applicant to submit a decommissioning plan to ensure that the facilities are
properly removed after their useful life. The applicant has submitted a brief decommissioning plan that
indicates it expects the solar garden to have a 30-year lifetime, and have no cost for removal based on
estimated compensation for recycled materials.
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The City may require an escrow or letter of credit from the owner or operator to ensure decommissioning.
The City Attorney and City Administrator have recommended that the City require an escrow or letter of
credit equal to 125% of the cost the decommissioning plan. The City needs to have resources to cover the
costs to remove a significant amount of material from the site if needed. The Planner has included a
condition that the applicant provide a letter of credit or escrow to the City equal to 125% of the cost of
decommissioning.
PLANNING COMMISSION PUBLIC HEARING, DISCUSSIONS AND RECOMMENDATIONS
The Planning Commission held a public hearing on the proposed request on March 2, 2016, and received
many verbal and written comments on the proposed Community Solar Garden, summarized as follows:
Concerns about the proposed site suitability for the project and visibility of the proposed solar garden
from homes to the west and north and public roadways, based on the grades on the site
Concerns about potential impacts to property values
Concerns about impacts on the rural character of Scandia and scenic views
Questions about the feasibility of the project and connection to existing Xcel facilities
Questions about potential needs for easements from adjacent landowners to complete connections to
Xcel facilities and potential tree loss
Concerns about the appearance of the proposed fencing
The Planning Commission requested additional information from the applicant, information about screening,
utility connections, and fencing. They requested that the Planner contact the City’s assessor for his
comments on impacts to property values. The applicant submitted additional information, and this and info
requested from staff were reviewed at the Planning Commission meeting on April 5. The Commission
reviewed the information, heard additional comments from the applicant and the public at that meeting, and
told the applicant that the information provided did not address key issues for the project, particularly
whether it met the performance standards in the ordinance for screening. The applicant requested an
opportunity to provide additional information and an extension to the review period, and the Planning
Commission and City granted the requests.
The applicant submitted additional information and plans for additional screening on May 27, and the
Planning Commission reviewed the information at the meeting on June 7. The Commission heard some
additional comments from the public on the proposed plan. The Commission discussed its recommendation
at length, noting the following:
Commission members continued to have concerns that the proposed screening on the north side of
the property does not meet the ordinance standard. Members asked for more information about what
is feasible to screen the views from Oldfield Avenue toward the project. The applicant responded
that they could add more plantings to the screening on the north side. The proposed conditions for
approval were revised to require revisions to the screening plan to make the screen continuous or
nearly-continuous along the northern property boundary.
Commissioners asked about the potential to add vegetation in the middle of the site, as discussed at
the site visit, to better screen from the north. The applicant stated that they had reviewed this option,
but that it is not feasible as it would shade significant areas of the solar garden.
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The applicant noted also that given the topography along the northern boundary, a massive berm
would be needed to screen the project completely from views from the north, and that the berm
would be highly visible, take up a large portion of the site, and it would be very difficult for
plantings, particularly trees, to survive on the berm.
Commission members noted that the new screening plan is a significant improvement on the original
plan, and addresses the issues related to views from the south and west. The remaining concern was
about the northern boundary. Most commission members concluded that with the required additions
to northern boundary screening, the proposed project would meet the requirement for screening “to
the extent possible” from view from the public right-of-way.
The Chair noted her interpretation of the ordinance requirement that if it is not possible to screen the
project from the north to meet the ordinance standard, the project should not be approved.
Members noted that the landowner has rights in the review process, and that if the proposed project
meets the ordinance standards, the City should approve it. Members noted that the City received no
public comments on the screening standards that were approved in the ordinance at the time of the
public hearing, and suggested that those concerned should review proposed ordinance changes that
the Commission will consider and provide comments.
The Commission concluded that with the revised conditions and implementation of the screening plan
provided on May 27, the project meets the ordinance requirements to grant the CUP, and recommended that
the City Council should approve the project.
FINDINGS FOR THE CONDITIONAL USE PERMIT
Based on the application and analysis completed by City and agency staff, the Planner’s findings related to
the criteria for approving a Conditional Use Permit a Community Solar Garden at the proposed site included
the following:
1. The use complies with the Comprehensive Plan, including the public facilities and capital
improvements plans.
The proposed Community Solar Garden use is consistent with the goals and strategies in the
Comprehensive Plan, which encourages the use of renewable, local, and diverse forms of energy.
The use is not expected to impact public facilities or the City’s capital improvement plan.
2. The proposed 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 proposed use will promote the general public welfare and will not negatively impact the health,
safety, and general welfare of the community. It will not produce emissions or pollutants. It must
meet regulatory requirements for stormwater management, erosion and sediment control, and obtain
required local, state and federal permits. The use will create minimal traffic, and will not exceed
capacity of local roadways. The use will not create noise impacts on surrounding areas. The CUP
requires screening to protect views from public roadways and adjacent residential properties to the
extent possible for this site.
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3. The use will not injure the use and enjoyment of other properties in the immediate vicinity for
purposes permitted, substantially diminish and impair property values or scenic views.
The proposed use will not have a negative impact on property values and scenic views. The CUP
requires screening of the proposed solar garden to protect views of the site form Oldfield Road and
adjacent properties. It will not produce noise, emissions, traffic or other impacts that would
negatively affect property values.
4. The use will not impede the normal and orderly development and improvement of surrounding
property for uses permitted in the district.
The establishment of the use will not impede the development and improvement of surrounding
properties for the uses permitted in the District.
5. Adequate public facilities and services are available or can reasonably be provided to accommodate
the use proposed.
Adequate public safety services and public facilities are available to accommodate the proposed use.
6. The proposed use shall conform to the applicable regulations of the district in which it is located and
all other applicable standards of the Zoning Ordinance.
The proposed use conforms to the regulations of the Agriculture Core District with the conditions
required for approval.
7. The use complies with the general and specific performance standards as specified in the Zoning
Ordinance.
The proposed use conforms to the general and specific standards in the Development Code for
conditional uses and Community Solar Gardens.
ACTION REQUESTED:
The City Council can recommend the following:
1. Approve the request.
2. Approve the request with conditions.
3. Deny the request with findings.
4. Table the request.
PLANNING STAFF RECOMMENDATIONS:
The Planning Commission recommends approval of a Conditional Use Permit for a Community Solar
Garden on parcel 02.032.20.230001, located on Oldfield Avenue North east of 236th and 237th Street North.
The Commission recommends the following conditions for the CUP:
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1. The project shall be in substantial compliance with the plans and materials submitted to the City on
March 21 and May 27, 2016 and applicant shall update the plans to comply with these conditions of
approval.
2. The Community Solar Garden shall be in compliance with all applicable local, state and federal
regulatory standards, including the current Uniform Building Code, the National Electric Code, the
State Plumbing Code and the Minnesota Energy Code.
3. The applicant shall stake the required setbacks from Oldfield Avenue North and other parcel
boundaries so that the responsible road authorities and Building Inspector can verify the setbacks
before construction begins.
4. The applicant shall secure and record the Oldfield Avenue North right-of-way along the entire
western boundary of the property (Parcel ID: 02.032.20.230001), thirty-three (33) feet east of the
section line.
5. The applicant shall work with the City Engineer to finalize an access road location that provides for
the screening shown on the plans the applicant submitted on May 27 and that addresses the
Engineer’s comments on location relative to 236th and 237th Street North. The access road shall
maintain a width of twenty (20) feet or greater and typical section of the access road shall be suitable
to support emergency medical vehicles. The revised plan shall eliminate the ninety (90) degree turns,
and appropriate radii shall be installed to provide access for fire equipment. The City Engineer and
Fire Chief shall review and approve the final plans.
6. The applicant shall submit additional survey information, including the final plans and grading plan,
to the City Engineer so that he may determine if the driveway apron requires a driveway culvert to
maintain drainage. The grading plan shall include sufficient information to determine that water will
not pond on the access roads so that they are able to support emergency medical vehicles.
7. The applicant’s contractor shall directional drill under the roadway or install an overhead power
line/pole crossing to connect to the point of common coupling from the existing overhead power lines
on the west side of Oldfield Avenue. The new power pole for an overhead connection shall be
located outside the new easement area on the east side of Oldfield Avenue North.
8. The applicant shall schedule a preconstruction meeting with the City prior to the start of construction
work.
9. The applicant shall be responsible for any damage to public roadways from construction equipment
or hauling trucks. The applicant shall restore the roadway(s) to the existing condition prior to
construction activities.
10. The community solar garden shall be designed, located, and/or screened to prevent reflective glare
toward any inhabited buildings on adjacent properties and adjacent street rights of way.
11. The applicant shall submit revised grading and landscape plans that are consistent with the plans
submitted on May 27, and that increase the plantings along the north boundary of the property to
create continuous or nearly-continuous screen of the views from the north on Oldfield Road. The
Oldfield Avenue Community Solar Garden Page 14 July 21, 2016
Scandia City Council
plan should include a mix of coniferous and deciduous tree and shrub species, consistent with the
species list in the Woodland and Tree Preservation section of the Development Code, and should be
consistent with Scandia’s rural character. The plan may be approved administratively.
12. The landscape materials shall be of the following minimum size at the time of planting: coniferous
trees—minimum 6-8 feet in height; deciduous trees, minimum 2-1/2 caliper B&B stock; shrubs shall
be a minimum 10 gallon size.
13. The applicant shall replace any original plantings that fail to survive during the first two years after
planting, and shall maintain the level of screening provided in the plans for the life of the Community
Solar Garden.
14. The applicant shall submit the proposed seed mix for the area under the array to the City for
administrative approval. The seed mix shall be limited to seeds that are native and come from a local
seed source and include pollinator-friendly species. The seed tags shall state that the mix is noxious-
weed free and Pure Live Seed Certified.
15. The applicant shall complete the wetland delineation for the site, and provide a copy of the report to
the City. The applicant shall update the site plan to show the delineated wetlands, setbacks, and
buffers that the City and Watershed District require, and to show that no structures are located within
the wetlands, setbacks, and buffers.
16. The applicant shall obtain the required Watershed District permit(s) for the project.
17. The applicant shall obtain a Grading/Land Alteration Permit Application. The following items shall
be added to the construction plans:
a. Proposed locations of grading activity with submittal of a grading plan
b. Erosion and sediment control plan shall be prepared for construction activities
18. All site work shall be in compliance with the rules of the Watershed District and Wetland
Conservation Act.
19. The applicant shall identify the boundaries of the wetland buffers in the field prior to construction of
the facilities on the site.
20. All new lighting and signage at the site shall meet the Development Code lighting requirements.
21. The applicant shall comply with the Development Code and Solar Ordinance fencing requirements,
and shall obtain an Administrative Permit for the fence if required.
22. The applicant shall complete an interconnection agreement with the local utility and submit a copy of
the agreements to the City before it issues building and other permits.
23. The applicant shall submit proof to the City that it has obtained general liability insurance that meets
the ordinance requirement.
24. The applicant shall provide the warning signs at the site that are required by the Solar Systems
Ordinance. Design, locations and specifications of signs shall conform to the Development Code.
25. The applicant shall complete a Developer Agreement with the City. The Agreement shall include a
financial guarantee acceptable to the City to assure compliance with the Decommissioning Plan. The
Oldfield Avenue Community Solar Garden Page 15 July 21, 2016
Scandia City Council
applicant shall provide a letter of credit or escrow to the City equal to 125% of the cost of
decommissioning the project.
26. Any expansion of the Community Solar Garden shall require an amended conditional use permit.
27. The applicant shall pay all fees and escrows associated with this application.
CITY OF SCANDIA, MINNESOTA
RESOLUTION NO. 06-21-16-__
APPROVING A CONDITIONAL USE PERMIT FOR A COMMUNITY SOLAR
GARDEN LOCATED ON PARCEL NUMBER 02.032.20.2300001 ON OLDFIELD
AVENUE NORTH
WHEREAS, Ameresco, partnership with Greenmark Solar, 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, 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 and at meetings on April 5 and June 7, and
recommended approval of the CUP; and
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL
OF THE CITY OF SCANDIA, WASHINGTON COUNTY, MINNESOTA, that it should
and hereby does recommend approval of a Conditional Use Permit to develop a Community
Solar Garden on Parcel Number 02.023.20.230001, located on Oldfield Avenue North to the east
of 236th Street North and 237th Street North, based on the following findings:
1. The proposed Community Solar Garden use is consistent with the goals and strategies in
the Comprehensive Plan, which encourages the use of renewable, local and diverse forms
of energy. The use is not expected to impact public facilities or the City’s capital
improvement plan.
2. The proposed use will promote the general welfare and will not negatively impact the
health, safety and general welfare of the community. It will not produce emissions or
pollutants. It must meet regulatory requirements for stormwater management, erosion
and sediment control and obtain required local, state and federal permits. The use will
create minimal traffic, and will not exceed the capacity of local roadways. The use will
not create noise impacts on surrounding areas. The CUP requires screening to protect
views from public roadways and adjacent residential properties to the extent possible for
this site.
Resolution No.: 06-21-16-__
Page 2 of 5
3. The proposed use will not have a negative impact on property values and scenic views.
The CUP requires screening of the proposed solar garden to protect views of the site from
Oldfield Road and adjacent properties. It will not produce noise, emissions, traffic or
other impacts that would negatively affect property values.
4. The establishment of the use will not impede the development and improvement of
surrounding properties for the uses permitted in the District.
5. Adequate public safety services and public facilities are available to accommodate the
proposed use.
6. The proposed use conforms to the regulations of the Agriculture Core District with the
conditions required for approval.
7. The proposed use conforms to the general and specific standards in the Development
Code for conditional uses and Community Solar Gardens.
FURTHER BE IT RESOLVED, that the following conditions of approval shall be met:
1. The project shall be in substantial compliance with the plans and materials submitted to
the City on March 21 and May 27, 2016 and applicant shall update the plans to comply
with these conditions of approval.
2. The Community Solar Garden shall be in compliance with all applicable local, state and
federal regulatory standards, including the current Uniform Building Code, the National
Electric Code, the State Plumbing Code and the Minnesota Energy Code.
3. The applicant shall stake the required setbacks from Oldfield Avenue North and other
parcel boundaries so that the responsible road authorities and Building Inspector can
verify the setbacks before construction begins.
4. The applicant shall secure and record the Oldfield Avenue North right-of-way along the
entire western boundary of the property (Parcel ID: 02.032.20.230001), thirty-three (33)
feet east of the section line.
5. The applicant shall work with the City Engineer to finalize an access road location that
provides for the screening shown on the plans the applicant submitted on May 27 and that
addresses the Engineer’s comments on location relative to 236th and 237th Street North.
The access road shall maintain a width of twenty (20) feet or greater and typical section
of the access road shall be suitable to support emergency medical vehicles. The revised
plan shall eliminate the ninety (90) degree turns, and appropriate radii shall be installed to
provide access for fire equipment. The City Engineer and Fire Chief shall review and
approve the final plans.
6. The applicant shall submit additional survey information, including the final plans and
grading plan, to the City Engineer so that he may determine if the driveway apron
requires a driveway culvert to maintain drainage. The grading plan shall include
Resolution No.: 06-21-16-__
Page 3 of 5
sufficient information to determine that water will not pond on the access roads so that
they are able to support emergency medical vehicles.
7. The applicant’s contractor shall directional drill under the roadway or install an overhead
power line/pole crossing to connect to the point of common coupling from the existing
overhead power lines on the west side of Oldfield Avenue. The new power pole for an
overhead connection shall be located outside the new easement area on the east side of
Oldfield Avenue North.
8. The applicant shall schedule a preconstruction meeting with the City prior to the start of
construction work.
9. The applicant shall be responsible for any damage to public roadways from construction
equipment or hauling trucks. The applicant shall restore the roadway(s) to the existing
condition prior to construction activities.
10. The community solar garden shall be designed, located, and/or screened to prevent
reflective glare toward any inhabited buildings on adjacent properties and adjacent street
rights of way.
11. The applicant shall submit revised grading and landscape plans that are consistent with
the plans submitted on May 27, and that increase the plantings along the north boundary
of the property to create continuous or nearly-continuous screen of the views from the
north on Oldfield Road. The plan should include a mix of coniferous and deciduous tree
and shrub species, consistent with the species list in the Woodland and Tree Preservation
section of the Development Code, and should be consistent with Scandia’s rural
character. The plan may be approved administratively.
12. The landscape materials shall be of the following minimum size at the time of planting:
coniferous trees—minimum 6-8 feet in height; deciduous trees, minimum 2-1/2 caliper
B&B stock; shrubs shall be a minimum 10 gallon size.
13. The applicant shall replace any original plantings that fail to survive during the first two
years after planting, and shall maintain the level of screening provided in the plans for the
life of the Community Solar Garden.
14. The applicant shall submit the proposed seed mix for the area under the array to the City
for administrative approval. The seed mix shall be limited to seeds that are native and
come from a local seed source and include pollinator-friendly species. The seed tags
shall state that the mix is noxious-weed free and Pure Live Seed Certified. To the extent
practicable, the applicant shall use native plant species and seed mixes identified by the
DNR in its “Prairie Establishment & Maintenance Technical Guidance for Solar
Projects.”
15. The applicant shall complete the wetland delineation for the site, and provide a copy of
the report to the City. The applicant shall update the site plan to show the delineated
wetlands, setbacks, and buffers that the City and Watershed District require, and to show
that no structures are located within the wetlands, setbacks, and buffers.
16. The applicant shall obtain the required Watershed District permit(s) for the project.
Resolution No.: 06-21-16-__
Page 4 of 5
17. The applicant shall obtain a Grading/Land Alteration Permit Application. The following
items shall be added to the construction plans:
a. Proposed locations of grading activity with submittal of a grading plan
b. Erosion and sediment control plan shall be prepared for construction activities
18. All site work shall be in compliance with the rules of the Watershed District and Wetland
Conservation Act.
19. The applicant shall identify the boundaries of the wetland buffers in the field prior to
construction of the facilities on the site.
20. All new lighting and signage at the site shall meet the Development Code lighting
requirements.
21. The applicant shall comply with the Development Code and Solar Ordinance fencing
requirements, and shall obtain an Administrative Permit for the fence if required.
22. The applicant shall complete an interconnection agreement with the local utility and
submit a copy of the agreements to the City before it issues building and other permits.
23. The applicant shall submit proof to the City that it has obtained general liability insurance
that meets the ordinance requirement.
24. The applicant shall provide the warning signs at the site that are required by the Solar
Systems Ordinance. Design, locations and specifications of signs shall conform to the
Development Code.
25. The applicant shall complete a Developer Agreement with the City. The Agreement shall
include a financial guarantee acceptable to the City to assure compliance with the
Decommissioning Plan. The applicant shall provide a letter of credit or escrow to the
City equal to 125% of the cost of decommissioning the project.
26. Any expansion of the Community Solar Garden shall require an amended conditional use
permit.
27. The applicant shall pay all fees and escrows associated with this application.
Adopted by the Scandia City Council this 21st day of June, 2016.
______________________________
Randall Simonson, Chair
ATTEST:
Resolution No.: 06-21-16-__
Page 5 of 5
_________________________________
Neil Soltis, Administrator/Clerk