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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 2 “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. 3 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