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7.b2 1 Oldfield Solar Garden staff report and resolution444 Cedar Street, Suite 1500 Saint Paul, MN 55101 (651) 292-4400 (651) 292-0083 Fax www.tkda.com 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. Oldfield Avenue Community Solar Garden Page 2 July 21, 2016 Scandia City Council 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. Oldfield Avenue Community Solar Garden Page 3 July 21, 2016 Scandia City Council 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. Oldfield Avenue Community Solar Garden Page 4 July 21, 2016 Scandia City Council 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. Oldfield Avenue Community Solar Garden Page 5 July 21, 2016 Scandia City Council 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: Oldfield Avenue Community Solar Garden Page 6 July 21, 2016 Scandia City Council  “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. Oldfield Avenue Community Solar Garden Page 7 July 21, 2016 Scandia City Council 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. Oldfield Avenue Community Solar Garden Page 8 July 21, 2016 Scandia City Council  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. Oldfield Avenue Community Solar Garden Page 9 July 21, 2016 Scandia City Council  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. Oldfield Avenue Community Solar Garden Page 10 July 21, 2016 Scandia City Council 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. Oldfield Avenue Community Solar Garden Page 11 July 21, 2016 Scandia City Council  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. Oldfield Avenue Community Solar Garden Page 12 July 21, 2016 Scandia City Council 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: Oldfield Avenue Community Solar Garden Page 13 July 21, 2016 Scandia City Council 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