7.b2 7 Comments submitted to City 1
Jim Martin
13860 236th St. N.
Scandia, MN 55073
June 19, 2016 SUBMITTED VIA E-MAIL
Mayor and City Council
City of Scandia
14717 209th St. N.
Scandia, MN 55073
RE: CUP Application of Ameresco/Green Mark for Oldfield Avenue Solar
Garden
Dear Mr. Mayor and City Council Members:
At the June 21st meeting the City Council will be considering the Conditional Use
Permit for the solar garden being proposed for Oldfield Avenue. Unlike the other
solar garden applications that have been considered and approved by the city this
application is extremely troublesome because the applicant has selected a site that
is clearly inappropriate for the intended use. Please keep in mind that the current
moratorium on solar gardens was enacted because of the significant issues
associated with this proposal.
The applicant chose to locate the proposed facility adjacent to a well-established
rural residential neighborhood consisting of 30 homes on a highly visible sloping
site, a site that includes one of the highest vistas in Washington County. As a result,
considerable portions of the site are virtually impossible to screen from the adjacent
right of ways and nearby residences.
Ordinance 162 requires that the solar gardens be screened from view from the
public right of way to the extent possible. The applicant is proposing to screen the
site along the east side of Oldfield by installing 10-foot high earthen berming
combined with coniferous and deciduous tree plantings. Based on information
presented at the last Planning Commission meeting, at the time of planting the trees
will be six to eight feet in height. The effective height of the screening will be less
than twenty feet.
The elevation of Oldfield Avenue at the intersection of 237th Street is approximately
935 feet. The site rises to a maximum elevation of 984 feet. Add to that the 9-foot
height of the panels and you get a total rise approaching 60 feet. So when the site is
viewed looking east from 237th street 25 feet or more of the site and the panels will
be visible. Given the site topography, when approaching the site from the north on
Oldfield the site will likely be even more visible since no berms are to be installed on
the north boundary of the property. In his letter to the Planning Commission Mr.
Lazan, the applicants landscape consultant, by his own admission, states that the
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“site topography limits the amount of landscaping (i.e. screening) that can be
proposed”.
Ordinance 162 states that solar farms 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. There has been much discussion concerning
what “to the extent possible” means. Without question this language is somewhat
ambiguous and subject to interpretation. Ordinance 162, however, does not exist in
isolation. So it seems appropriate to consider the context and the intent of the
ordinance as it relates to the Development Code and the Comprehensive Plan.
Solar Gardens, as a conditional use, are governed by Section 8 of the Development
Code, which addresses the purpose, procedures, criteria, etc. for Conditional Use
Permits. Section 8.1 reads as follows: The purpose and intent of a conditional use
permit is to authorize and regulate uses which may be beneficial in a specific
instance to the general welfare of the community, yet insure that such uses are
not detrimental to surrounding property… At 8.4 (1) it is stated that: The
conditional use will be in compliance with and shall not have a negative impact
on the Comprehensive Plan. And at 8.4 (3) it is stated that: The conditional use
will not be injurious to the use and enjoyment of other properties in the
immediate vicinity for the purposes already permitted, nor substantially
diminish and impair property values or scenic views (all bolding is mine).
As far as the Comprehensive Plan is concerned the proposed use, given its high
visibility and industrial appearance, is not consistent with the goals and policies of
the Comp Plan, which state that new development in the city should be sensitive to
the community’s rural character, including scenic views. Land Use Goal 1 of the
Comp Plan reads as follows: Maintain the City’s unique rural and small-town
character and its natural landscape while accommodating a reasonable
amount of new development that contributes to, rather than detracts from,
that character.
When the language in the solar ordinance is considered in context the intent
becomes considerably clearer. Conditional uses shall not negatively impact the use
and enjoyment of surrounding property, shall not substantially diminish scenic
views and shall be consistent with the stated land use goal of maintaining the
community’s rural and scenic character. Again I must restate that the proposed use,
given its high visibility and its industrial appearance is not consistent with the goals
and policies of the Comprehensive Plan.
As I stated in my previous letter to the Planning Commission, converting from a
fossil fuel dependent economy to an economy that runs on clean and renewable
energy sources, such as solar, is a worthy and necessary endeavor. Nevertheless, not
all sites and not all locations are going to be appropriate for solar generating
stations. Such is the case with the Oldfield site.
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I also want to bring to your attention that this installation is universally opposed by
area residents and has drawn serious opposition from the beginning. This
opposition is understandable given that, if approved, our neighborhood will be
saddled with this unsightly intrusion for the next 25 years. After giving this matter
careful consideration I’m hopeful that this project will be deemed to be detrimental
to the community and not consistent with goals and policies of the Comprehensive
Plan.
Thank you for considering my comments and thank you all for your service to this
community.
Respectfully,
Jim Martin
Cc: Neil Soltis, City Administrator
From: Colleen Hollinger <chollinger@prairieresto.com>
Sent: Wednesday, June 15, 2016 7:55 PM
To: r.simonson@ci.scandia.mn.us; c.ness@ci.scandia.mn.us;
j.schneider@ci.scandia.mn.us; d.lee@ci.scandia.mn.us;
b.hegland@ci.scandia.mn.us; n.soltis@ci.scandia.mn.us;
b.eklund@ci.scandia.mn.us
Cc: Rob Davis (davis@fresh-energy.org); Ron Bowen; Mike Evenocheck
Subject:Scandia Ameresco Solar Project
Dear Sandia Mayor, Council Members, City Administrator and Deputy Clerk,
I think the Scandia Planning Commission was very forwarding-thinking and thoughtful in their
approval of the Conditional Use Permit for the Scandia Ameresco solar project. In addition to
approving the solar project, their intention was to require native vegetation beneath the solar
panels that meets the state guidelines for being pollinator friendly. However, the wording of item
#14 as it currently stands in the resolution would allow the contractor an unintended loophole by
using mostly grass seed and a tiny portion of pollinator friendly vegetation. They might do this to
save money, getting by more cheaply, and in doing so not honor the clear intentions of the
Scandia Planning Commission.
I am asking that at the June 21 City Council meeting, the C.U.P. for this project include the
amended wording (below) for item 14 in the resolution.
* The difference won’t cost the City of Scandia anything additional but will require the
contractor to honor the Scandia Planning Commission’s true intentions when
recommending the C.U.P. for this project.
* The significance of this text clarification is equal to 24,000 more home owners planting
80’ pollinator friendly gardens, thanks to your correction to this language.
City Council, Mayor, and Administrator please amend item #14 in the resolution to include this
specific language, inserting it as the new first sentence:
“The project shall be planned and developed in a way that is beneficial to pollinators — meeting
or exceeding the statewide standard for pollinator-friendly solar.”
(Following is the existing resolution language)
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.
Thank you for making this meaningful and important text clarification and supporting the
Planning Commission in their intentions for recommending this permit.
Kind regards,
Colleen
Colleen Hollinger
Prairie Restorations, Inc
31646 128th Street
Princeton, MN 55371
320.290.5363
From: Jeff West <jwest@prairieresto.com>
Sent: Friday, June 17, 2016 3:40 PM
Cc: Mayor Randall Simpson:; Council member Chris Ness:; Council member Jim
Schneider:; Council member Dan Lee:; Council member Bob Hegland:; City
Administrator Neil Soltis:; Deputy Clerk Brenda Eklund:
Subject:Scandia Ameresco Solar Project
Dear City Council and Mayor,
Thank you for taking the time to read this message. First let me introduce myself, I am Jeff
West, the Site Manager for the Prairie Restorations office here in Scandia, MN, a local resident,
and a strong advocate for native plant community restoration both at work and in my personal
life. The Ameresco Solar project has recently come to my attention and I commend the local
community for playing its part in promoting and producing clean energy and also using this
project to help promote pollinator habitat which is such an important part of our local
ecosystem.
In regards to the Ameresco Solar project, I believe clarification of the wording in provision #14
regarding vegetative cover and seed mix in the conditional use permit for Ameresco solar
project would be wise. The change in text will not cost the City of Scandia anything additional
but will require the contractor to honor the Scandia Planning Commission’s true intentions with
recommending the C.U.P. for this project.
Please amend item #14 to include this specific language, inserting it as the new first sentence:
“The project shall be planned and developed in a way that is beneficial to pollinators — meeting
or exceeding the statewide standard for pollinator-friendly solar.”
(Following is the existing resolution language)
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.
Thank you for considering this amendment and supporting the Planning Commission in their
intentions for recommending this permit.
Sincerely,
Jeff West
612.708.9874 c
763.220.5986 o
Site Manager
Two Oaks Office
Prairie Restorations, Inc.
PO Box 95
Scandia MN 55073
From: Lisa Schlingerman <lisaschlingerman@gmail.com>
Sent: Friday, June 10, 2016 8:34 AM
To: Neil Soltis
Subject:Ameresco solar garden
Neil
Please clarify and approve the conditional-use building permit for the Ameresco solar
project.
Provision #7 of the CUP is regarding the vegetative cover and seed mix for the site.
Please amend it to include this language:
“The project shall be planned and developed in a way that is beneficial to pollinators —
meeting or exceeding the statewide standard for pollinator-friendly solar.”
With this important clarification the solar project will provide meaningful benefits to
pollinators.
Signed,
Lisa Schlingerman
From: Rob Davis <davis@fresh-energy.org>
Sent: Saturday, June 18, 2016 4:15 PM
To: r.simonson@ci.scandia.mn.us; c.ness@ci.scandia.mn.us;
j.schneider@ci.scandia.mn.us; d.lee@ci.scandia.mn.us;
b.hegland@ci.scandia.mn.us; n.soltis@ci.scandia.mn.us;
b.eklund@ci.scandia.mn.us
Subject:Solar project: pollinator habitat in Washington County
Mayor, Members,
I work for a 501(c)3 public interest nonprofit and recently worked with agriculture groups to
establish vegetative cover standards for solar sites in Minnesota’s farmlands.
Regarding the proposed Scandia solar project, please amend item #14 in the CUP to include this
specific language, inserting it as the new first sentence:
“The project shall be planned and developed in a way that is beneficial to pollinators — meeting
or exceeding the statewide standard for pollinator-friendly solar.”
According the the US Farm Census Washington County generates more than $40 million
annually in nursery and greenhouse services. In fact, Washington county is in the top 2% of
counties nationally in greenhouse/nursery plant and service revenue. The business that build
pollinator habitat are a critical component of the community’s economic vitality.
Over this past winter more than 44 percent of all commercial beehives died as a result of colony
collapse. Having pollinator habitat on this solar site and any future solar sites in the area will be a
significant ecological benefit to both commercial and native bees and well as monarchs and
songbirds.
The US census shows 1,704 housing units in Scandia. The proposed solar project could provide
pollinator habitat equivalent to more than 24,000 homes having a 6’x12’ pollinator garden.
Kind regards,
Rob Davis