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08.b1 Solar Overlay - CC Packet Date of Meeting: April 18, 2023 To: Mayor Maefsky and City Council From: T.J. Hofer, Consultant City Planner Re: Zoning Amendment for Solar Overlay District The Planning Commission has recommended that the City Council adopt the proposed ordinance amending the text of the Scandia Unified Development Code (UDC). The ordinance would create a Solar Energy Systems Overlay District to allow solar energy systems - distribution scale (Distribution SES) in specific areas of the City, establish additional performance standards for distribution SES, as well as other minor changes to enable the ordinance. The zoning amendment was discussed at the February 7, 2023, and March 7, 2023, Planning Commission meeting and heard at a public hearing before the Planning Commission on April 4, 2023. The draft ordinance reflects all of the comments and motions from those meetings. The City Attorney reviewed the ordinance before the Planning Commission hearing on April 4th, and provided comments that were adopted into the document. BACKGROUND The city has approved multiple Distribution SES, often called “solar farms,” and has received complaints about how these uses look within the city. The City still desires to move forward with the implementation of solar energy systems for the numerous benefits they can bring to the city. In April of 2022, the city adopted an interim ordinance implementing a moratorium on new Distribution SES after considering an ordinance amendment in 2021 that would allow Distribution SES in shoreland areas. The moratorium could not be extended and expired on April 13, 2023. The Unified Development Ordinance currently allows Distribution SES in the AG-C, V-C, and I-P base zoning districts as a conditional use. OVERVIEW OF PROPOSED ZONING AMENDMENT Two forms of the proposed zoning amendment are attached. The first form is the redlined version draft amendment which shows language that will be struck from the ordinance with a strikethrough and new text as underlined red text. The second form is a clean copy. The proposed zoning amendment includes six section which contain the following: Zoning Amendment - Section 1 Section 1 of the zoning amendment amends the districts within the City and adds the new Solar Energy Systems Overlay District (SES-O). Zoning Amendment - Section 2 Section 2 of the zoning amendment amends the overlay section to add the new Solar Energy Systems Overlay District (SES-O) and state the purpose of the district. Zoning Amendment - Section 3 Section 3 of the zoning amendment amends the district use table to remove Solar Energy Systems – Distribution Scale (Distribution SES) as a conditional use from the AG-C, R-C, and I- P districts. This also removes “Solar Energy Systems – Distribution Scale (Distribution SES)” as a use in this table. The purpose of the zoning amendment is to establish a new district that specifies where Distribution SES is allowed. The allowance for these is added in Section 4. Zoning Amendment - Section 4 Section 4 of the zoning amendment amends the overlay district use table to add the SES-O district. This section also establishes uses allowed within the SES-O which include permitting all of the uses that are permitted by the underlying zoning district, allowing all of the uses allowed by conditional use through a conditional use permit (CUP), and allowing Solar Energy Systems – Distribution Scale (Distribution SES) as a conditional use. Zoning Amendment - Section 5 Section 5 of the zoning amendment amends the definitions of use to define scenic canvas. Zoning Amendment - Section 6 Section 6 of the zoning amendment amends the performance standards for Distribution SES. The SES-O will not be mapped like a traditional zoning district and is instead established by performance standards. These performance standards include an 800 ft. setback from minor arterial roads and a 500 ft. setback from all other public roads. These two setbacks form the basis of where the Distribution SES are allowed. The amendments here include: • Updates to the numbering system of this section. • Prohibiting Distribution SES around Recreational Development Lakes and shoreland areas of Falls Creek. o The Minnesota Department of Natural Resources (DNR) was contacted when the zoning amendment was proposed in 2021 and in their response the DNR noted that the shoreland area of Falls Creek is a vulnerable area and Distribution SES should be prohibited there. • Allowing Distribution SES within the shoreland overlay of Natural Environment Lakes given conditions are met. • Increasing the setback requirements on minor arterial roadways from 500 ft. to 800 ft. and on all other public roads from 200 ft. to 500 ft. and requiring that Distribution SES in the shoreland overlay meet structure setbacks from the ordinary high water level (OHWL). • Adding restrictions on how many utility poles are allowed and where utility poles can be placed. • Requiring that financial guarantees are from creditable banking institutions chartered to operate in the State of Minnesota and provided through an escrow. • Multiple changes to the requirements of screening include allowing scenic canvasing, setting multiple standards about the use of scenic canvasing, requiring a depth of at least 20 ft. for screening, requiring that screening fully obscure the solar panels, and establishing vegetative standards. • Increasing the amount of time by which vegetative screening must be established from four years to six years. • Allowing agricultural crops for ground areas under arrays if approved by the City. • Increasing the time that ground areas under solar arrays establish vegetation to one year from 2 years. • Reorganizing the section for cohesiveness and readability. Draft Solar Farn District Establishment Map Two maps are attached to the staff report. These maps are to be used for illustration purposes only. No changes to the zoning map are currently proposed. The first map was used by the Planning Commission to understand where Distribution SES would be allowed. The map shows the 800 ft. setback from minor arterials and a 500 ft. setback from all other public roads which form the basis of where Distribution SES are allowed. The map also shows the AG-C, R-C, and I-P districts where Distribution SES can be permitted by CUP. Finally, the map includes the shoreland overlay district for Natural Environment Lakes and the Saint Croix River District. The shoreland overlay district shows two colors, pink shows where Distribution SES would be allowed and blue shows where Distribution SES would be prohibited. Distribution SES is prohibited in the Saint Croix River District. The second map is a simplified version of the first. This map shows only where Distribution SES would be allowed by CUP and where it would be prohibited. PLANNING COMMISSION The Planning Commission discussed the proposed ordinance at their February and March meetings and held a public hearing on the zoning amendment at a public hearing at their April 4, 2023, meeting. One resident spoke in support of the amendment. The Planning Commission voted to recommend approval of the ordinance, with the following changes to the public hearing draft: • Setbacks were originally proposed as 1,000 ft. from minor arterial roadways and 500 ft. from all other public streets. After discussion about setbacks and perceptions of visual nuisances from existing Distribution SES, the Commission revised the text to require setbacks of 800 ft. from minor arterial roadways and 500 ft. from all other public streets. • The Planning Commission requested that staff reorganize the screening section and add a table to further clarify the items that must be screened, how much they must be screened, and when the screening must be achieved. • At the suggestion of staff, the Commission decreased the required amount of coniferous vegetation within the vegetative buffer from 80% to 70% and required that the remaining 30% of vegetation be made up of densely branched vegetation, as approved by the Zoning Administrator. • The Planning Commission also increased the amount of time for the vegetative buffer to be established from four growing seasons to six growing seasons, based on the recommendations of Josh Shields, Professional Landscape Architect, of Bolton & Menk. • Because of the increase in the number of growing seasons allowed to establish the vegetative buffer, the Planning Commission also changed the time limit on scenic canvasing. Previously, scenic canvasing was required to be removed after four years, but the Planning Commission increased this to six years, to be in concordance with the vegetative growth requirement. RECOMMENDATION Staff recommends that the City Council approve the ordinance amending the UDC to create the SES-O overlay district as presented in the draft ordinance and as recommended by the Planning Commission. The City Council can do one of the following: 1. Adopt the ordinance, with or without changes. 2. Do not adopt the ordinance and make no changes to the UDC. 3. Table the ordinance for further discussion. If the ordinance is approved, Staff recommends the City Council also: 1. Adopt Resolution 04-18-23-04 a summary finding of facts for Ordinance 2023-03. 2. Adopt Resolution 04-18-23-05, allowing summary publication of the ordinance (saving publication costs.) Attachments A. Draft Ordinance 2023-03 for Solar Energy Systems Overlay District, Redlined Version B. Draft Ordinance 2023-03 for Solar Energy Systems Overlay District, Clean Version C. Resolution 04-18-23-04, Findings of Fact for Ordinance 2023-03. D. Resolution 04-18-23-05, Providing for Summary Publication of Ordinance 2023-03. E. Illustrative Maps, SES Overlay District Removed Text: Strikethrough New Text: Red Underlined Page 1 of 12 CITY OF SCANDIA ORDINANCE NO.: 2023-03 AN ORDINANCE AMENDING THE SCANDIA UNIFIED DEVELOPMENT CODE CHAPTER 153.200.010 REGARDING ZONING DISTRICTS ESTABLISHED TABLE 153.200.010-1, CHAPTER 153.200.040 REGARDING OVERLAY DISTRICTS, CHAPTER 153.300.020 REGARDING TABLE OF USES TABLE 153.300.020-2, CHAPTER 153.300.020 REGARDING TABLE OF USES TABLE 153.300.020-3, CHAPTER 153.600.30 REGARDING DEFINITIONS The City Council of the City of Scandia, Washington County, Minnesota hereby ordains: Section 1 Amendment. The City of Scandia Unified Development Code (“Development Code”, or “Code”), Chapter 153.200.010 Zoning Districts Established Table 153.200.010-1 Zoning Districts, District Type and Character Areas, shall be amended by adding the underlined text and deleting the stricken text as follows District Type Zoning District Abbreviation Base Character Area: Agricultural Districts Solar Energy Systems Overlay District SES-O Section 2 Amendment. The City of Scandia Unified Development Code (“Development Code”, or “Code”), Chapter 153.200.040 Overlay Districts shall be amended by adding the underlined text and deleting the stricken text as follows: Subd. 1. Applicability of Overlay Districts. Certain lands within the City have unique or special environmental qualities that are zoned with additional regulations and standards per the objectives of the specific Overlay District. All lands and parcels in the City are designated with a Base Zone District as described in Section [153.200.030], and those portions of the property also contained within an Overlay District shall be regulated by the applicable standards identified in the subsequent Section or Chapter. The Overlay District areas are shown on the Official Zoning Map. (A) Aggregate Mining Overlay District (AM-O). The AM-O District is established to identify the land and parcel areas where mineral deposits, primarily gravel, may be available for general use under the conditions and regulations of Chapter 154 of the City Code. Properties zoned AM-O are guided as Aggregate Resources in the Comprehensive Plan. I. Lot Area, setbacks, and other dimensional requirements of the AM-O District are contained in Chapter 154. Removed Text: Strikethrough New Text: Red Underlined Page 2 of 12 (B) Shoreland Management Overlay District (SM-O). The SM-O District is established consistent with the Minnesota Department of Natural Resources rules for Shoreland Management of designated public waters in the City. Properties zoned within the SM- O are guided for various land uses within the Comprehensive Plan. I. The Rural Residential Neighborhood (RR-N) Base Zoning District is established specifically to account for and manage, small lots and parcels within the SM-O area. Lot area and setback from OHWL is provided within the Dimensional Standards for this Base Zoning District. All other dimensional standards as described within Chapter 155 shall be applicable, and in the event of any discrepancy, the more restrictive regulation shall apply. II. All other Base Zoning Districts reference the SM-O District standards in Chapter 155 of the City’s Code of Ordinances, and standards stated within the SM-O shall apply. (C) Lower St. Croix River Corridor Overlay District (SCRD). The SCRD District is established consistent with the Minnesota Department of Natural Resources rules for properties within the SCRD. The City adopts by reference the Washington County Lower St. Croix River Bluffland and Shoreland Management Ordinance, as amended from time to time. I. The Rural Residential Neighborhood (RR-N) Base Zoning District is established specifically to account for and manage small lots and parcels within the SCRD area. Lot area, lot width and setback from OHWL is provided within the Dimensional Standards for this District. All other requirements and regulations of the SCRD shall be followed for any property within this designation. In the event of any discrepancy, the more restrictive regulation shall apply. (D) Floodplain Management Overlay District (FM-O). The FM-O District is established consistent with the rules and guidelines as applied by FEMA. Properties within the FM-O shall follow all rules and regulations as contained within Chapter 156 of the Code of Ordinances. (E) Solar Energy Systems Overlay District (SES-O). The SES-O District is established to identify the land and parcel areas where Distribution SES may be available for general use under the conditions and regulations of Chapter 153.300.030 Subd. 1 (BB). Removed Text: Strikethrough New Text: Red Underlined Page 3 of 12 Section 3 Amendment. The City of Scandia Unified Development Code (“Development Code”, or “Code”), Chapter 153.300.020 Table of Uses Table 153.300.020-2 Table of Uses, shall be amended by deleting the stricken text as follows: BASE ZONING DISTRICTS A-P AG-C RR-G RR-N V-N V-C V-HC R-C I-P Use Specific Section Reference Land Use Agricultural Preserve Agricultural Core Rural Residential General Rural Residential Neighborhood Village Neighborhood Village Center Village Historic Core Rural Commercial Industrial Park Agricultural and Land Based Uses Solar Energy Systems –Distribution Scale (Distribution SES) CUP CUP CUP 153.300.030 Subd. 1 (BB) Section 4 Amendment. The City of Scandia Unified Development Code (“Development Code”, or “Code”), Chapter 153.300.020 Table of Uses Table 153.300.020-3. Table of Uses by Overlay Districts, shall be amended by adding the underlined text and deleting the stricken text as follows: OVERLAY DISTRICT SCRD-O SM-O AM-O FW-O1 FF-O2 SES-O Use Specific Regulations Section Reference Land Use Lower St. Croix River Corridor Overlay Shoreland Management Overlay Aggregate Mining Overlay Floodway Overlay Flood Fringe Overlay Solar Energy Systems Overlay Permitted Uses in Base Zoning District (Table 153.300.020-2), except as further regulated in this Table P P P P Chapter 154, Chapter 156, Washington County Development Code Chapter 5 Conditionally Permitted Uses in Base Zoning District (Table 153.300.020-2), except as further regulated in this Table CUP CUP CUP CUP Chapter 154, Chapter 156 Aggregate Mining and related activities CUP Chapter 154, Chapter 155, Chapter 156, Washington County Development Code Chapter 5 Agriculture, and accessory agricultural uses P P Washington County Development Code Chapter 5 Single-family Residential, detached P P P P Chapter 154, Chapter 155, Chapter 156, Washington County Development Code Chapter 5 Removed Text: Strikethrough New Text: Red Underlined Page 4 of 12 OVERLAY DISTRICT SCRD-O SM-O AM-O FW-O1 FF-O2 SES-O Use Specific Regulations Section Reference Accessory residential uses, including Accessory Dwelling Unit (ADU) CUP 153.300.030 Subd. 1 (C); Chapter 156, Washington County Development Code Chapter 5 Open Space, Parks and Wildlife/Nature Preserves and Conservancy P P P Chapter 154, Chapter 156 Private and public boat launching ramps CUP P Chapter 154, Chapter 156 Residential lawns, gardens and play areas (above OHWL) P P Chapter 154, Chapter 156 Parking areas P P Chapter 154, Chapter 156 Marinas, boat rentals, docs, piers, wharves, and water control structures CUP CUP Chapter 154, Chapter 156 Railroads, streets, bridges, utility transmission lines and pipelines P CUP Chapter 154, Chapter 156 Filling or grading P/CUP P/CUP P/CUP CUP CUP Chapter 154, Chapter 156 Structural works for flood control (levees, dikes and floodwalls) CUP CUP Chapter 154, Chapter 156 Feedlots – new, any size Chapter 154 Feedlots – expansion or resumption of existing Chapter 154 Forest Management P P Chapter 154 Forest Land Conversion Chapter 154 Extractive use P Chapter 154 Mining of metallic minerals and peat Chapter 154 Solar Energy Systems – Distribution Scale (Distribution SES) CUP CUP 153.300.030 Subd. 1 (BB) Section 5 Amendment. The City of Scandia Unified Development Code (“Development Code”, or “Code”), Chapter 153.600.30 Definitions of Use, Standards and Terms shall be amended by adding the underlined text and deleting the stricken text as follows: (251) Scenic Canvas: A scenic canvas shall be a perforated banner that provides immediate screening of a Distribution SES. The scenic canvas shall be made from materials that are designed to endure in exterior weather conditions. The perforated banner shall be attached to fencing, and shall have a natural vegetation or scenic views printed on the entire outward facing portion of the canvas to match the existing surroundings and vegetative screening of the Distribution SES. Section 6 Amendment. The City of Scandia Unified Development Code (“Development Code”, or “Code”), Chapter 153.300.030 Subd. 1 (BB) Solar Energy System – Removed Text: Strikethrough New Text: Red Underlined Page 5 of 12 Distribution Scale (Distribution SES) shall be amended with the addition of the following: (BB) Solar Energy System – Distribution Scale (Distribution SES). Distribution SES are allowed within the AG-C Zoning District and require a Conditional Use Permit. As a principal use, a Distribution SES is permitted to the extent that it is the primary use on a property and operates to distribute energy to predominantly off-site users. Such system must comply with the following requirements: I. Districts and Size Limits a. Within the SES-O Overlay District, Distribution SES are limited as a Conditional Use in the AG-C, R-C, and I-P zoning districts. b. Distribution SES are prohibited in the following areas: i. Within the Lower St. Croix River Overlay District, the within the Shoreland Management Overlay District as it applies to Recreational Development Lakes, and the Floodplain Overlay Districts, and the shoreland areas of Falls Creek. ii. Within wetlands to the extent required by the Minnesota Wetlands Conservation Act, and within associated wetland setback areas as designated by the City of Scandia. iii. All Base Zoning Districts not identified in Chapter 153.300.030 Subd. 1 (BB) I.a. iv. Within any setbacks or buffer areas established within the Base Zoning District or applicable Overlay District. c. Distribution SES, within the Shoreland Management Overlay District, must also meet the following: i. The site is within the shoreland of a Natural Environment Lake and all parcels adjacent to the Natural Environment Lake are zoned AG-C. ii. No intensive vegetation clearing shall be allowed. iii. No placement of structures and facilities on slopes over 12%. iv. Treatment of stormwater runoff should be consistent with MPCA storm water manual guidance for solar projects. v. Native vegetation must be planted on the site wherever practical to provide habitat. Removed Text: Strikethrough New Text: Red Underlined Page 6 of 12 vi. Best management practices for managing erosion control are utilized. vii. Facility location and design must demonstrate that the facility will minimize impact on habitat and wildlife movement. Compliance with these standards must be shown on submitted plans. d. Distribution SES uses are exempt from the Residential and Agricultural Accessory Structure standards regarding the square footage and number of structures permitted on a parcel, but must comply with the setback and lot coverage standards established in Section [153.200.030]. II. Permit Application a. Existing Site Plans Required. The applicant for a Distribution SES must submit a detailed site plan of existing conditions, showing site boundaries; existing access roads, driveways, and easements; existing structures; setbacks; surface water drainage patterns, floodplains, Shoreland districts, delineated wetlands, toe and top of bluffs, ordinary high water mark and other protected natural resources; existing vegetation, soil types, topography (2-foot contour intervals), and all other items required in Section [153.500.050 and 153.500.060] for Conditional/Interim Use Permit applications or by the City. The Existing Site Plan must be at a graphic scale not less than 1:100. b. Proposed Site Plan Required. The applicant must submit a site plan of proposed conditions, including the proposed number, location and spacing of solar panels; proposed height of panels; location of access roads; planned location of underground or overhead electric lines connecting the solar farm to the building, substation or other electric load; new electrical equipment other than at the existing building or substation that is the connection point for the solar farm; proposed stormwater management facilities; proposed erosion and sediment control measures, and other information as required by the City. The Proposed Site Plan must be at a graphic scale not less than 1:100. c. The application must include two vertical sketch elevations of the premises accurately drawn to a scale identified on the drawing, depicting the proposed solar energy conversion system and its relationship to the surrounding topography and public roadways. The sketches must depict the proposed system’s relationship to structures on adjacent lots as viewed from six (6) feet above ground level at the residential structure wall that site closest to the solar installation, one sketch showing the view without screening and the other sketch showing the view with proposed permanent screening. The sketch elevations must include a graphic scale not less than 1:50, or as needed to clearly show the vertical relationship between the proposed solar facilities and structures on adjacent lots. d. Use of Public Roads. The applicant must obtain all necessary approvals from the appropriate road authority for site access and driveways. Removed Text: Strikethrough New Text: Red Underlined Page 7 of 12 e. Interconnection Agreement. The applicant must 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. The system operator must provide a visible external disconnect if required by the utility. f. Within the setback or any adjoining parcels owned by the landowner, utility poles shall be limited to one interconnection pole, for the solar array system. Additional poles required must meet all required setbacks. The proposed placement of all utility poles, ground equipment, and any proposed aerially mounted equipment must be shown in any proposed plans submitted. III. Development Agreement, Financial Guarantees, and Insurance. a. Conditional Use Permit. In addition to any other lawful conditions, the City also reserves option in imposing a development agreement in regards to the Distribution SES operation including repair, maintenance, and replacement and addressing all requirements set forth in Chapter 153.300.030 Subd. 1 (BB) Solar Energy System – Distribution Scale (Distribution SES). If the City elects to impose a development agreement, the development agreement must be executed before a building permit can be issued and must be recorded against the property. b. Vegetative Escrow. The City will require the posting of a bond, letter of credit or the the establishment of an escrow account, from a creditable banking institution chartered to operate in the State of Minnesota, to ensure vegetation is installed and establishes itself as identified in the approved permit, based on an estimated cost for plantings and labor provided by the applicant. The planting and screening plan must utilize the recommended plant types described in Section [153.400.060] and must be approved by the City. c. Decommissioning Plan. The applicant must submit a decommissioning plan to ensure that facilities are properly removed after their useful life. If the Distribution SES remains nonfunctional or inoperative for a continuous period of one year, the system shall be deemed to be abandoned and will constitute a public nuisance. The plan must include provisions for removal of all structures and foundations, restoration of soil and vegetation, and a plan ensuring financial resources will be available to fully decommission the site. The City will require the posting of a bond, letter of credit or the establishment of an escrow account to ensure decommissioning. The guarantee shall be from a creditable banking institution chartered to operate in the State of Minnesota. d. Payment In Lieu of Taxes. Notwithstanding that Minnesota Statutes Section 272.02, Subdivision 24 (or its successor) classifies real property upon which a solar energy generating system is located that is used primarily for solar energy production (subject to the production tax under Minnesota Statutes Section 272.0295) as class 3a, the City may require the applicant to enter into a Payment In Lieu of Taxes Agreement to compensate the City for any prospective tax revenue that may be lost due to such reclassification. Removed Text: Strikethrough New Text: Red Underlined Page 8 of 12 e. Liability Insurance. The applicant must maintain a current general liability policy covering bodily injury and property damage with limits of at least $1 million per occurrence and $12 million in the aggregate or the maximum liability thresholds set forth Minnesota Statutes, section 466.04, as amended, whichever is greater, and provide proof that it meets the insurance requirement to the City. IV. Performance Standards a. The limitations on the number or cumulative generating capacity of Distribution SES is regulated by Minnesota Statutes 216B.164 and related regulations. b. Distribution SES must comply with all applicable Local, State and Federal regulatory standards, including the State of Minnesota Uniform Building Code, as amended; the National Electric Code, as amended; the State Plumbing Code, as amended; and the Minnesota Energy Code, as amended. c. If the proposed Distribution SES is adjacent to areas designed or formally protected from development by Local, State and Federal agencies as a wildlife management area, scenic byway, or National Wild and Scenic corridor, the applicant must implement mitigation measures to protect the resource values of the designated wildlife area or scenic corridor as a condition of approval. Such measures may include, but are not limited to, maintaining wildlife travel corridors, setting the development back from the right-of-way or stream corridor, using the natural topography to screen the project, and retaining or planting vegetation that would fully obscure the view of the energy project within the scenic corridor. d. Setbacks. The City may require wider setbacks if it determines that the wider setbacks are warranted by the potential impacts to adjacent properties. The nearest solar panel of the Distribution SES must be setback a minimum of: i. The nearest solar panel of the Distribution SES must be setback a minimum 75 feet from all parcel boundaries and ii. 350 feet from existing residential structures on adjacent parcels existing at the time of the permit application. The City may require wider setbacks if it determines that the wider setbacks are warranted by the potential impacts to adjacent properties. iii. The nearest solar panel of the Distribution SES must be setback a minimum of 500 800 feet from the centerline of minor arterial roadways or 200 500 feet from the centerline of all other public road rights-of- way. iv. The structure setback requirements from the Ordinary High Water Level (OHWL) for that District if located in the Shoreland Overlay District. Removed Text: Strikethrough New Text: Red Underlined Page 9 of 12 e. Ground-mounted solar energy systems may not exceed fifteen feet (15’) in height when oriented at maximum tilt. Building-integrated solar energy systems when at maximum tilt may not exceed the maximum height permitted in the Base Zoning District. f. All components of the Distribution SES must be screened by: i. Setbacks ii. Berming iii. Scenic canvas iv. eExisting vegetation v. Terrain vi. Landscaping vii. A combination thereof. g. The solar array must be screened from view from: i. Adjacent road right-of-way- ii. and from Residences Dwellings within five hundred feet (500’) of any component of the solar array. iii. Public waterbodies, as viewed from six (6) feet above the ordinary high water level. h. The visual screen must fully obscure (100%) view of the solar panels during leaf- on and leaf-off conditions during the summer months. i. The screening shall fully obscure 100% view of the solar panels from any adjacent road right-of-way immediately upon screen completion in accordance with this section, and shall be completed prior to the remainder of solar facilities and panel installation. Effectiveness of screen shall be reviewed and approved by city staff prior to continuation of project installation. j. Permanent vegetative screening shall be designed to have a horizontal depth of at least twenty (20) feet. k. At least thirty seventy(370) percent of the area of the vegetative buffer, as measured in square feet, must be composed of evergreen coniferous plantings interspersed throughout the screening. The rest of the vegetative buffer must be composed of densely branched trees and shrubs, as approved by the Zoning Removed Text: Strikethrough New Text: Red Underlined Page 10 of 12 Administrator. A landscaping plan must be provided that shows screening elements, including the species of any vegetation used for screening. l. The required screening must be achieved within four six (46) growing seasons from the date of project approval. If the screening is not established within 6 growing seasons, it must be implemented through the planting of mature vegetation to fully obscure (100%) view of the solar panels as described in Chapter 153.300.030 Subd. 1 (BB) III.i. Table 153.300.030-4. Distribution SES Screening Summary Screened From Percent Obscured Completed By Adjacent Road Right-of-Way 100 Immediately upon screen completion, prior to the remainder of solar facilities and panel installation Dwellings within five hundred feet (500’) of any component of the solar array. 100 Within 6 growing seasons Public waterbodies, as viewed from six (6) feet above the ordinary high water level. 100 Within 6 growing seasons m. Any fences or barriers installed for the project must be mounted on wood posts, and may not include any chain link, barbed or razor wire. The fence may not exceed eight (8) feet in height from the ground, and must incorporate wildlife- friendly design with a gap at the bottom for passage of birds and small animals. The City will utilize recommendations from the Minnesota DNR to determine if the fence design is wildlife-friendly. n. Scenic canvases. Temporary screening through the use of scenic canvases is only permissible if it has been approved as part of the project application or it is required as a permit condition. i. Scenic canvases may only be used to temporarily screen Distribution SES installations for a maximum of six (6) years. ii. Applicants shall supply a visual representation of the appearance of the canvas for review by the City. iii. If a canvas was not included as part of an original application but has been required as part of a conditional approval, then the applicant shall provide the City with a site plan and a visual sample of the canvas design based on the requirements of this section for the City's final approval. iv. Scenic canvas shall be attached to fencing, and shall have a natural vegetation or scenic views printed on the entire outward facing portion of Removed Text: Strikethrough New Text: Red Underlined Page 11 of 12 the canvas to match the existing surroundings and vegetative screening of the Distribution SES. v. Canvases must be designed to accommodate wildlife movement. vi. Prohibitions. The following is prohibited from scenic canvases: 1. Canvases that include visible messages or depict images other than what is required are not eligible for use as scenic canvas. 2. Scenic canvases may not be used as a substitute for the implementation of vegetative screening or as a substitute for achieving the final required level of screening coverage within prescribed timeframes. vii. Scenic canvasing must be removed once vegetative screening is established. viii. Damage and replacement of canvases. If any canvas becomes damaged or fades to point it no longer camouflages prior to the completion of the compliance period to establish vegetative cover, said canvas must be replaced with sixty (60) days of notice to the landowner and owner of the Distribution SES. Should the owner fail to comply with this requirement, the City may replace said canvas at the owner's full expense as prescribed under the developer's agreement. o. Distribution SES are subject to stormwater management and erosion and sediment control best practices, including DNR guidelines on Wildlife Friendly Erosion Control, and NPDES permit requirements, and must obtain required permits from the MPCA, local Watershed District, City and others. p. All ground areas under solar array installs that are not occupied by equipment or essential access paths, must be planted with a deep rooted, native grass and pollinator seed mix suitable to the soil and moisture conditions of the immediate area. Plant growth must be stable and self-supporting within two (2) one (1) growing seasons from the date of project building permit approval. If approved, the City may allow agricultural pasture plantings under the array. If the agricultural pasture ceases, the ground area shall be planted as required with native grass and pollinator seed mix. q. All plans submitted for Building Permit approval must be prepared by a licensed, professional engineer. r. Power and communication lines that are not defined in this ordinance as Essential Services and running between banks of solar panels and the interconnection pole or other point of interconnection must be buried underground. Exemptions may be granted by the City in instances where shallow bedrock, water courses or other elements of the natural landscape interfere with the ability to bury lines, or the distance to a substation or other point of interconnection reasonably precludes burial. Removed Text: Strikethrough New Text: Red Underlined Page 12 of 12 s. All Distribution SES facilities must 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 use of the reflector system, or other remedies that limit glare. Distribution SES utilizing a reflector system must 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 glare study must also address aviation impacts. t. The surface area of posts and related equipment for ground-mounted systems in combination with driveways, structures and other impervious surfaces on the parcel may not exceed the maximum lot coverage standard of the applicable Zoning District. u. Any fences or barriers installed for the project must be mounted on wood posts, and may not include any chain link, barbed or razor wire. The fence may not exceed eight feet in height from the ground, and must incorporate wildlife- friendly design with a gap at the bottom for passage of birds and small animals. The City will utilize recommendations from the Minnesota DNR to determine if the fence design is wildlife-friendly. v. If lighting is provided at the project, lighting must be shielded and downcast such that the light does not spill onto adjacent properties. w. If the Distribution SES remains nonfunctional or inoperative for a continuous period of one year, the system shall be deemed to be abandoned and will constitute a public nuisance. The owner must remove the abandoned system at their expense after obtaining a demolition permit. Removal includes the entire structure including transmission equipment. Section 7 Effective Date. This ordinance shall be in full force and effect upon its adoption. Passed and adopted by the City Council of the City of Scandia this ___ day of ________, ____. Christine Maefsky, Mayor ATTEST: Kyle Morell, City Administrator Page 1 of 12 CITY OF SCANDIA ORDINANCE NO.: 2023-03 AN ORDINANCE AMENDING THE SCANDIA UNIFIED DEVELOPMENT CODE CHAPTER 153.200.010 REGARDING ZONING DISTRICTS ESTABLISHED TABLE 153.200.010-1, CHAPTER 153.200.040 REGARDING OVERLAY DISTRICTS, CHAPTER 153.300.020 REGARDING TABLE OF USES TABLE 153.300.020-2, CHAPTER 153.300.020 REGARDING TABLE OF USES TABLE 153.300.020-3, CHAPTER 153.600.30 REGARDING DEFINITIONS The City Council of the City of Scandia, Washington County, Minnesota hereby ordains: Section 1 Amendment. The City of Scandia Unified Development Code (“Development Code”, or “Code”), Chapter 153.200.010 Zoning Districts Established Table 153.200.010-1 Zoning Districts, District Type and Character Areas, shall be amended by adding the underlined text and deleting the stricken text as follows District Type Zoning District Abbreviation Base Character Area: Agricultural Districts Solar Energy Systems Overlay District SES-O Section 2 Amendment. The City of Scandia Unified Development Code (“Development Code”, or “Code”), Chapter 153.200.040 Overlay Districts shall be amended by adding the underlined text and deleting the stricken text as follows: Subd. 1. Applicability of Overlay Districts. Certain lands within the City have unique or special environmental qualities that are zoned with additional regulations and standards per the objectives of the specific Overlay District. All lands and parcels in the City are designated with a Base Zone District as described in Section [153.200.030], and those portions of the property also contained within an Overlay District shall be regulated by the applicable standards identified in the subsequent Section or Chapter. The Overlay District areas are shown on the Official Zoning Map. (A) Aggregate Mining Overlay District (AM-O). The AM-O District is established to identify the land and parcel areas where mineral deposits, primarily gravel, may be available for general use under the conditions and regulations of Chapter 154 of the City Code. Properties zoned AM-O are guided as Aggregate Resources in the Comprehensive Plan. I. Lot Area, setbacks, and other dimensional requirements of the AM-O District are contained in Chapter 154. Page 2 of 12 (B) Shoreland Management Overlay District (SM-O). The SM-O District is established consistent with the Minnesota Department of Natural Resources rules for Shoreland Management of designated public waters in the City. Properties zoned within the SM- O are guided for various land uses within the Comprehensive Plan. I. The Rural Residential Neighborhood (RR-N) Base Zoning District is established specifically to account for and manage, small lots and parcels within the SM-O area. Lot area and setback from OHWL is provided within the Dimensional Standards for this Base Zoning District. All other dimensional standards as described within Chapter 155 shall be applicable, and in the event of any discrepancy, the more restrictive regulation shall apply. II. All other Base Zoning Districts reference the SM-O District standards in Chapter 155 of the City’s Code of Ordinances, and standards stated within the SM-O shall apply. (C) Lower St. Croix River Corridor Overlay District (SCRD). The SCRD District is established consistent with the Minnesota Department of Natural Resources rules for properties within the SCRD. The City adopts by reference the Washington County Lower St. Croix River Bluffland and Shoreland Management Ordinance, as amended from time to time. I. The Rural Residential Neighborhood (RR-N) Base Zoning District is established specifically to account for and manage small lots and parcels within the SCRD area. Lot area, lot width and setback from OHWL is provided within the Dimensional Standards for this District. All other requirements and regulations of the SCRD shall be followed for any property within this designation. In the event of any discrepancy, the more restrictive regulation shall apply. (D) Floodplain Management Overlay District (FM-O). The FM-O District is established consistent with the rules and guidelines as applied by FEMA. Properties within the FM-O shall follow all rules and regulations as contained within Chapter 156 of the Code of Ordinances. (E) Solar Energy Systems Overlay District (SES-O). The SES-O District is established to identify the land and parcel areas where Distribution SES may be available for general use under the conditions and regulations of Chapter 153.300.030 Subd. 1 (BB). Page 3 of 12 Section 3 Amendment. The City of Scandia Unified Development Code (“Development Code”, or “Code”), Chapter 153.300.020 Table of Uses Table 153.300.020-2 Table of Uses, shall be amended by deleting the stricken text as follows: BASE ZONING DISTRICTS A-P AG-C RR-G RR-N V-N V-C V-HC R-C I-P Use Specific Section Reference Land Use Agricultural Preserve Agricultural Core Rural Residential General Rural Residential Neighborhood Village Neighborhood Village Center Village Historic Core Rural Commercial Industrial Park Agricultural and Land Based Uses Solar Energy Systems –Distribution Scale (Distribution SES) CUP CUP CUP 153.300.030 Subd. 1 (BB) Section 4 Amendment. The City of Scandia Unified Development Code (“Development Code”, or “Code”), Chapter 153.300.020 Table of Uses Table 153.300.020-3. Table of Uses by Overlay Districts, shall be amended by adding the underlined text and deleting the stricken text as follows: OVERLAY DISTRICT SCRD-O SM-O AM-O FW-O1 FF-O2 SES-O Use Specific Regulations Section Reference Land Use Lower St. Croix River Corridor Overlay Shoreland Management Overlay Aggregate Mining Overlay Floodway Overlay Flood Fringe Overlay Solar Energy Systems Overlay Permitted Uses in Base Zoning District (Table 153.300.020-2), except as further regulated in this Table P P P P Chapter 154, Chapter 156, Washington County Development Code Chapter 5 Conditionally Permitted Uses in Base Zoning District (Table 153.300.020-2), except as further regulated in this Table CUP CUP CUP CUP Chapter 154, Chapter 156 Aggregate Mining and related activities CUP Chapter 154, Chapter 155, Chapter 156, Washington County Development Code Chapter 5 Agriculture, and accessory agricultural uses P P Washington County Development Code Chapter 5 Single-family Residential, detached P P P P Chapter 154, Chapter 155, Chapter 156, Washington County Development Code Chapter 5 Page 4 of 12 OVERLAY DISTRICT SCRD-O SM-O AM-O FW-O1 FF-O2 SES-O Use Specific Regulations Section Reference Accessory residential uses, including Accessory Dwelling Unit (ADU) CUP 153.300.030 Subd. 1 (C); Chapter 156, Washington County Development Code Chapter 5 Open Space, Parks and Wildlife/Nature Preserves and Conservancy P P P Chapter 154, Chapter 156 Private and public boat launching ramps CUP P Chapter 154, Chapter 156 Residential lawns, gardens and play areas (above OHWL) P P Chapter 154, Chapter 156 Parking areas P P Chapter 154, Chapter 156 Marinas, boat rentals, docs, piers, wharves, and water control structures CUP CUP Chapter 154, Chapter 156 Railroads, streets, bridges, utility transmission lines and pipelines P CUP Chapter 154, Chapter 156 Filling or grading P/CUP P/CUP P/CUP CUP CUP Chapter 154, Chapter 156 Structural works for flood control (levees, dikes and floodwalls) CUP CUP Chapter 154, Chapter 156 Feedlots – new, any size Chapter 154 Feedlots – expansion or resumption of existing Chapter 154 Forest Management P P Chapter 154 Forest Land Conversion Chapter 154 Extractive use P Chapter 154 Mining of metallic minerals and peat Chapter 154 Solar Energy Systems – Distribution Scale (Distribution SES) CUP CUP 153.300.030 Subd. 1 (BB) Section 5 Amendment. The City of Scandia Unified Development Code (“Development Code”, or “Code”), Chapter 153.600.30 Definitions of Use, Standards and Terms shall be amended by adding the underlined text and deleting the stricken text as follows: (251) Scenic Canvas: A scenic canvas shall be a perforated banner that provides immediate screening of a Distribution SES. The scenic canvas shall be made from materials that are designed to endure in exterior weather conditions. The perforated banner shall be attached to fencing, and shall have a natural vegetation or scenic views printed on the entire outward facing portion of the canvas to match the existing surroundings and vegetative screening of the Distribution SES. Section 6 Amendment. The City of Scandia Unified Development Code (“Development Code”, or “Code”), Chapter 153.300.030 Subd. 1 (BB) Solar Energy System – Page 5 of 12 Distribution Scale (Distribution SES) shall be amended with the addition of the following: (BB) Solar Energy System – Distribution Scale (Distribution SES). Distribution SES are allowed within the AG-C Zoning District and require a Conditional Use Permit. As a principal use, a Distribution SES is permitted to the extent that it is the primary use on a property and operates to distribute energy to predominantly off-site users. Such system must comply with the following requirements: I. Districts and Size Limits a. Within the SES-O Overlay District, Distribution SES are limited as a Conditional Use in the AG-C, R-C, and I-P zoning districts. b. Distribution SES are prohibited in the following areas: i. Within the Lower St. Croix River Overlay District, the within the Shoreland Management Overlay District as it applies to Recreational Development Lakes, and the Floodplain Overlay Districts, and the shoreland areas of Falls Creek. ii. Within wetlands to the extent required by the Minnesota Wetlands Conservation Act, and within associated wetland setback areas as designated by the City of Scandia. iii. All Base Zoning Districts not identified in Chapter 153.300.030 Subd. 1 (BB) I.a. iv. Within any setbacks or buffer areas established within the Base Zoning District or applicable Overlay District. c. Distribution SES, within the Shoreland Management Overlay District, must also meet the following: i. The site is within the shoreland of a Natural Environment Lake and all parcels adjacent to the Natural Environment Lake are zoned AG-C. ii. No intensive vegetation clearing shall be allowed. iii. No placement of structures and facilities on slopes over 12%. iv. Treatment of stormwater runoff should be consistent with MPCA storm water manual guidance for solar projects. v. Native vegetation must be planted on the site wherever practical to provide habitat. Page 6 of 12 vi. Best management practices for managing erosion control are utilized. vii. Facility location and design must demonstrate that the facility will minimize impact on habitat and wildlife movement. Compliance with these standards must be shown on submitted plans. d. Distribution SES uses are exempt from the Residential and Agricultural Accessory Structure standards regarding the square footage and number of structures permitted on a parcel, but must comply with the setback and lot coverage standards established in Section [153.200.030]. II. Permit Application a. Existing Site Plans Required. The applicant for a Distribution SES must submit a detailed site plan of existing conditions, showing site boundaries; existing access roads, driveways, and easements; existing structures; setbacks; surface water drainage patterns, floodplains, Shoreland districts, delineated wetlands, toe and top of bluffs, ordinary high water mark and other protected natural resources; existing vegetation, soil types, topography (2-foot contour intervals), and all other items required in Section [153.500.050 and 153.500.060] for Conditional/Interim Use Permit applications or by the City. The Existing Site Plan must be at a graphic scale not less than 1:100. b. Proposed Site Plan Required. The applicant must submit a site plan of proposed conditions, including the proposed number, location and spacing of solar panels; proposed height of panels; location of access roads; planned location of underground or overhead electric lines connecting the solar farm to the building, substation or other electric load; new electrical equipment other than at the existing building or substation that is the connection point for the solar farm; proposed stormwater management facilities; proposed erosion and sediment control measures, and other information as required by the City. The Proposed Site Plan must be at a graphic scale not less than 1:100. c. The application must include two vertical sketch elevations of the premises accurately drawn to a scale identified on the drawing, depicting the proposed solar energy conversion system and its relationship to the surrounding topography and public roadways. The sketches must depict the proposed system’s relationship to structures on adjacent lots as viewed from six (6) feet above ground level at the residential structure wall that site closest to the solar installation, one sketch showing the view without screening and the other sketch showing the view with proposed permanent screening. The sketch elevations must include a graphic scale not less than 1:50, or as needed to clearly show the vertical relationship between the proposed solar facilities and structures on adjacent lots. d. Use of Public Roads. The applicant must obtain all necessary approvals from the appropriate road authority for site access and driveways. Page 7 of 12 e. Interconnection Agreement. The applicant must 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. The system operator must provide a visible external disconnect if required by the utility. f. Within the setback or any adjoining parcels owned by the landowner, utility poles shall be limited to one interconnection pole, for the solar array system. Additional poles required must meet all required setbacks. The proposed placement of all utility poles, ground equipment, and any proposed aerially mounted equipment must be shown in any proposed plans submitted. III. Development Agreement, Financial Guarantees, and Insurance. a. Conditional Use Permit. In addition to any other lawful conditions, the City also reserves option in imposing a development agreement in regards to the Distribution SES operation including repair, maintenance, and replacement and addressing all requirements set forth in Chapter 153.300.030 Subd. 1 (BB) Solar Energy System – Distribution Scale (Distribution SES). If the City elects to impose a development agreement, the development agreement must be executed before a building permit can be issued and must be recorded against the property. b. Vegetative Escrow. The City will require the posting of a bond, letter of credit or the the establishment of an escrow account, from a creditable banking institution chartered to operate in the State of Minnesota, to ensure vegetation is installed and establishes itself as identified in the approved permit, based on an estimated cost for plantings and labor provided by the applicant. The planting and screening plan must utilize the recommended plant types described in Section [153.400.060] and must be approved by the City. c. Decommissioning Plan. The applicant must submit a decommissioning plan to ensure that facilities are properly removed after their useful life. If the Distribution SES remains nonfunctional or inoperative for a continuous period of one year, the system shall be deemed to be abandoned and will constitute a public nuisance. The plan must include provisions for removal of all structures and foundations, restoration of soil and vegetation, and a plan ensuring financial resources will be available to fully decommission the site. The City will require the posting of a bond, letter of credit or the establishment of an escrow account to ensure decommissioning. The guarantee shall be from a creditable banking institution chartered to operate in the State of Minnesota. d. Payment In Lieu of Taxes. Notwithstanding that Minnesota Statutes Section 272.02, Subdivision 24 (or its successor) classifies real property upon which a solar energy generating system is located that is used primarily for solar energy production (subject to the production tax under Minnesota Statutes Section 272.0295) as class 3a, the City may require the applicant to enter into a Payment In Lieu of Taxes Agreement to compensate the City for any prospective tax revenue that may be lost due to such reclassification. Page 8 of 12 e. Liability Insurance. The applicant must maintain a current general liability policy covering bodily injury and property damage with limits of at least $1 million per occurrence and $12 million in the aggregate or the maximum liability thresholds set forth Minnesota Statutes, section 466.04, as amended, whichever is greater, and provide proof that it meets the insurance requirement to the City. IV. Performance Standards a. The limitations on the number or cumulative generating capacity of Distribution SES is regulated by Minnesota Statutes 216B.164 and related regulations. b. Distribution SES must comply with all applicable Local, State and Federal regulatory standards, including the State of Minnesota Uniform Building Code, as amended; the National Electric Code, as amended; the State Plumbing Code, as amended; and the Minnesota Energy Code, as amended. c. If the proposed Distribution SES is adjacent to areas designed or formally protected from development by Local, State and Federal agencies as a wildlife management area, scenic byway, or National Wild and Scenic corridor, the applicant must implement mitigation measures to protect the resource values of the designated wildlife area or scenic corridor as a condition of approval. Such measures may include, but are not limited to, maintaining wildlife travel corridors, setting the development back from the right-of-way or stream corridor, using the natural topography to screen the project, and retaining or planting vegetation that would fully obscure the view of the energy project within the scenic corridor. d. Setbacks. The City may require wider setbacks if it determines that the wider setbacks are warranted by the potential impacts to adjacent properties. The nearest solar panel of the Distribution SES must be setback a minimum of: i. The nearest solar panel of the Distribution SES must be setback a minimum 75 feet from all parcel boundaries and ii. 350 feet from existing residential structures on adjacent parcels existing at the time of the permit application. The City may require wider setbacks if it determines that the wider setbacks are warranted by the potential impacts to adjacent properties. iii. The nearest solar panel of the Distribution SES must be setback a minimum of 500 800 feet from the centerline of minor arterial roadways or 200 500 feet from the centerline of all other public road rights-of- way. iv. The structure setback requirements from the Ordinary High Water Level (OHWL) for that District if located in the Shoreland Overlay District. Page 9 of 12 e. Ground-mounted solar energy systems may not exceed fifteen feet (15’) in height when oriented at maximum tilt. Building-integrated solar energy systems when at maximum tilt may not exceed the maximum height permitted in the Base Zoning District. f. All components of the Distribution SES must be screened by: i. Setbacks ii. Berming iii. Scenic canvas iv. eExisting vegetation v. Terrain vi. Landscaping vii. A combination thereof. g. The solar array must be screened from view from: i. Adjacent road right-of-way- ii. and from Residences Dwellings within five hundred feet (500’) of any component of the solar array. iii. Public waterbodies, as viewed from six (6) feet above the ordinary high water level. h. The visual screen must fully obscure (100%) view of the solar panels during leaf- on and leaf-off conditions during the summer months. i. The screening shall fully obscure 100% view of the solar panels from any adjacent road right-of-way immediately upon screen completion in accordance with this section, and shall be completed prior to the remainder of solar facilities and panel installation. Effectiveness of screen shall be reviewed and approved by city staff prior to continuation of project installation. j. Permanent vegetative screening shall be designed to have a horizontal depth of at least twenty (20) feet. k. At least thirty seventy(370) percent of the area of the vegetative buffer, as measured in square feet, must be composed of evergreen coniferous plantings interspersed throughout the screening. The rest of the vegetative buffer must be composed of densely branched trees and shrubs, as approved by the Zoning Page 10 of 12 Administrator. A landscaping plan must be provided that shows screening elements, including the species of any vegetation used for screening. l. The required screening must be achieved within four six (46) growing seasons from the date of project approval. If the screening is not established within 6 growing seasons, it must be implemented through the planting of mature vegetation to fully obscure (100%) view of the solar panels as described in Chapter 153.300.030 Subd. 1 (BB) III.i. Table 153.300.030-4. Distribution SES Screening Summary Screened From Percent Obscured Completed By Adjacent Road Right-of-Way 100 Immediately upon screen completion, prior to the remainder of solar facilities and panel installation Dwellings within five hundred feet (500’) of any component of the solar array. 100 Within 6 growing seasons Public waterbodies, as viewed from six (6) feet above the ordinary high water level. 100 Within 6 growing seasons m. Any fences or barriers installed for the project must be mounted on wood posts, and may not include any chain link, barbed or razor wire. The fence may not exceed eight (8) feet in height from the ground, and must incorporate wildlife- friendly design with a gap at the bottom for passage of birds and small animals. The City will utilize recommendations from the Minnesota DNR to determine if the fence design is wildlife-friendly. n. Scenic canvases. Temporary screening through the use of scenic canvases is only permissible if it has been approved as part of the project application or it is required as a permit condition. i. Scenic canvases may only be used to temporarily screen Distribution SES installations for a maximum of six (6) years. ii. Applicants shall supply a visual representation of the appearance of the canvas for review by the City. iii. If a canvas was not included as part of an original application but has been required as part of a conditional approval, then the applicant shall provide the City with a site plan and a visual sample of the canvas design based on the requirements of this section for the City's final approval. iv. Scenic canvas shall be attached to fencing, and shall have a natural vegetation or scenic views printed on the entire outward facing portion of Page 11 of 12 the canvas to match the existing surroundings and vegetative screening of the Distribution SES. v. Canvases must be designed to accommodate wildlife movement. vi. Prohibitions. The following is prohibited from scenic canvases: 1. Canvases that include visible messages or depict images other than what is required are not eligible for use as scenic canvas. 2. Scenic canvases may not be used as a substitute for the implementation of vegetative screening or as a substitute for achieving the final required level of screening coverage within prescribed timeframes. vii. Scenic canvasing must be removed once vegetative screening is established. viii. Damage and replacement of canvases. If any canvas becomes damaged or fades to point it no longer camouflages prior to the completion of the compliance period to establish vegetative cover, said canvas must be replaced with sixty (60) days of notice to the landowner and owner of the Distribution SES. Should the owner fail to comply with this requirement, the City may replace said canvas at the owner's full expense as prescribed under the developer's agreement. o. Distribution SES are subject to stormwater management and erosion and sediment control best practices, including DNR guidelines on Wildlife Friendly Erosion Control, and NPDES permit requirements, and must obtain required permits from the MPCA, local Watershed District, City and others. p. All ground areas under solar array installs that are not occupied by equipment or essential access paths, must be planted with a deep rooted, native grass and pollinator seed mix suitable to the soil and moisture conditions of the immediate area. Plant growth must be stable and self-supporting within two (2) one (1) growing seasons from the date of project building permit approval. If approved, the City may allow agricultural pasture plantings under the array. If the agricultural pasture ceases, the ground area shall be planted as required with native grass and pollinator seed mix. q. All plans submitted for Building Permit approval must be prepared by a licensed, professional engineer. r. Power and communication lines that are not defined in this ordinance as Essential Services and running between banks of solar panels and the interconnection pole or other point of interconnection must be buried underground. Exemptions may be granted by the City in instances where shallow bedrock, water courses or other elements of the natural landscape interfere with the ability to bury lines, or the distance to a substation or other point of interconnection reasonably precludes burial. Page 12 of 12 s. All Distribution SES facilities must 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 use of the reflector system, or other remedies that limit glare. Distribution SES utilizing a reflector system must 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 glare study must also address aviation impacts. t. The surface area of posts and related equipment for ground-mounted systems in combination with driveways, structures and other impervious surfaces on the parcel may not exceed the maximum lot coverage standard of the applicable Zoning District. u. Any fences or barriers installed for the project must be mounted on wood posts, and may not include any chain link, barbed or razor wire. The fence may not exceed eight feet in height from the ground, and must incorporate wildlife- friendly design with a gap at the bottom for passage of birds and small animals. The City will utilize recommendations from the Minnesota DNR to determine if the fence design is wildlife-friendly. v. If lighting is provided at the project, lighting must be shielded and downcast such that the light does not spill onto adjacent properties. w. If the Distribution SES remains nonfunctional or inoperative for a continuous period of one year, the system shall be deemed to be abandoned and will constitute a public nuisance. The owner must remove the abandoned system at their expense after obtaining a demolition permit. Removal includes the entire structure including transmission equipment. Section 7 Effective Date. This ordinance shall be in full force and effect upon its adoption. Passed and adopted by the City Council of the City of Scandia this 18 day of April, 2023. Christine Maefsky, Mayor ATTEST: Kyle Morell, City Administrator CITY OF SCANDIA, MINNESOTA RESOLUTION NO. 04-18-23-04 APPROVING FINDINGS OF FACT FOR AN ORDINANCE 2023-03 FOR A ZONING TEXT AMENDMENT WHEREAS, the City of Scandia invoked a moratorium on new solar farms on April 13, 2022 to study the impact of distribution solar energy systems on the community and how the code could be amended, and WHEREAS, the Planning Commission discussed Solar Farm regulations and impacts on dates April 4, 2023; and WHEREAS, the City Council discussed Solar Farm regulations and impact on date April 18, 2023; and WHEREAS, the City took public input on solar farms on date April 4, 2023 at a duly called public hearing; and WHEREAS, the moratorium expired on date April 13, 2023; and WHEREAS, the City of Scandia, has proposed to amend the Unified Development Code Chapter 153.200.010 REGARDING ZONING DISTRICTS ESTABLISHED TABLE 153.200.010-1; and WHEREAS, the City of Scandia, has proposed to amend the Unified Development Code Chapter 153.200.040 REGARDING OVERLAY DISTRICTS; and WHEREAS, the City of Scandia, has proposed to amend the Unified Development Code Chapter 153.300.020 REGARDING TABLE OF USES TABLE 153.300.020-2; and WHEREAS, the City of Scandia, has proposed to amend the Unified Development Code Chapter 153.300.020 REGARDING TABLE OF USES TABLE 153.300.020-3; and WHEREAS, the City of Scandia, has proposed to amend the Unified Development Code Chapter 153.600.30 REGARDING DEFINITIONS; and WHEREAS, the City of Scandia, has proposed to amend the Unified Development Code Chapter 153.300.030 SUBD. 1 (BB) REGARDING SOLAR ENERGY SYSTEM – DISTRIBUTION SCALE (DISTRIBUTION SES).; and WHEREAS, the Planning Commission reviewed the request at a duly noticed Public Hearing on April 4, 2023, and recommended that the City Council approve the request with conditions; and WHEREAS, the City Council has adopted an Ordinance 2023-03 amending the Unified Development Code; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCANDIA, WASHINGTON COUNTY, MINNESOTA, that it should and hereby does support the request for an amendment to the Unified Development Code. Whereupon, said Resolution is hereby declared adopted on this ____th day of April 2023. Christine Maefsky, Mayor ATTEST: Kyle Morell, City Administrator 1 CITY OF SCANDIA WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 04-18-23-05 A RESOLUTION OF THE CITY OF SCANDIA, WASHINGTON COUNTY, MINNESOTA, PROVIDING FOR THE SUMMARY PUBLICATION OF ORDINANCE NO. 2023-02, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SCANDIA, MINNESOTA, AMENDING THE SCANDIA UNIFIED DEVELOPMENT CODE CHAPTER 153.200.010 REGARDING ZONING DISTRICTS ESTABLISHED TABLE 153.200.010-1, CHAPTER 153.200.040 REGARDING OVERLAY DISTRICTS, CHAPTER 153.300.020 REGARDING TABLE OF USES TABLE 153.300.020-2, CHAPTER 153.300.020 REGARDING TABLE OF USES TABLE 153.300.020-3, CHAPTER 153.600.30 REGARDING DEFINITIONS WHEREAS, On April 18, 2023, at a Meeting of the Scandia City Council, by majority vote, the City Council adopted Ordinance No. 2023-03 which amends the Scandia Unified Development Code with respect to Solar Energy Systems (SES); and WHEREAS, State law requires that all ordinances adopted be published prior to becoming effective; and WHEREAS, the City Council for the City of Scandia has determined that publication of the title and a summary of Ordinance No. 2023-03 would clearly inform the public of the intent and effect of the Ordinance; and WHEREAS, the City Council for the City of Scandia has reviewed the summary of Ordinance No. 2023-03 attached and incorporated herein as Exhibit A; and WHEREAS, the City Council for the City of Scandia has determined that the text of the summary clearly informs the public of the intent and effect of Ordinance No. 2023-03. NOW THEREFORE BE IT RESOLVED, the City Council for the City of Scandia hereby: 1. Approves the text of the summary of Ordinance No. 2023-03 attached as Exhibit A. 2. Directs the City Clerk to post a copy of the entire text of Ordinance No. 2023-03 in all public locations designated by the City Council. 3. Directs the City Clerk to publish the summary in the City’s legal newspaper within ten days. 4. Directs the City Clerk to file the executed Ordinance upon the books and records of the City along with proof of publication. Dated this 18th day of April, 2023 ____________________ Christine Maefsky, Mayor ATTEST: Kyle Morell, City Administrator 2 Exhibit A Ordinance Summary SUMMARY PUBLICATION OF ORDINANCE NO. 2023-03, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SCANDIA, MINNESOTA, AMENDING THE SCANDIA UNIFIED DEVELOPMENT CODE WITH REGARD TO SOLAR ENERGY SYSTEMS On April 18, 2023, at a Meeting of the Scandia City Council, by majority vote, the City Council adopted Ordinance No. 2023-03 which amends the Scandia Unified Development Code provisions for Solar Energy Systems by: • adding a new Solar Energy Systems Overlay District (SES-O) • amending the zoning district use table to remove Solar Energy Systems – Distribution Scale (Distribution SES) as a conditional use from the AG-C, R-C, and I-P districts • establishing uses allowed within the SES-O District, allowing Solar Energy Systems –Distribution Scale (Distribution SES) as a conditional use • adding a definition of “scenic canvas” • amending the setbacks and performance standards for Distribution SES • prohibiting Distribution SES around Recreational Development Lakes and shoreland areas of Falls Creek., and allowing Distribution SES within the shoreland overlay of Natural Environment Lakes. A printed copy of the Ordinance is available for inspection by any person during regular office hours at City Hall or by standard or electronic mail. GVWX15 GVWX85 GVWX4 GVWX52 GVWX91 GVWX50 GVWX3 Map Document: \\arcserver1\GIS\SCND\SolarFarmMap\ESRI\Pro\CenterlineBuffers.aprx | Username: Kendell.Hillis | Date Saved: 3/30/2023 10:34 AMSource: MnDOT, Washington County, City of Scandia 0 1 Miles City Limits Parcels Minor Arterial Roads Local Roads Road Buffer Area Zoning Agriculture Core (AG-C) Industrial Park (I-P) Rural Commercial (R-C) Allowed SES-O Shoreland Shoreland Overlay Saint Croix River District !ILegend Ordinance Amendment Scandia, MN Draft Solar Farm District Establishment March 2023 Note: 1,000 ft. buffer from minor arterials and 500 ft.buffer from all other public roads GVWX15 GVWX85 GVWX4 GVWX52 GVWX91 GVWX50 GVWX3 Map Document: \\arcserver1\GIS\SCND\SolarFarmMap\ESRI\Pro\CenterlineBuffers.aprx | Username: Kendell.Hillis | Date Saved: 4/12/2023 2:40 PMSource: MnDOT, Washington County, City of Scandia 0 1 Miles City Limits Parcels Minor Arterial Roads Local Roads Allowed Yes No Legend !I Ordinance Amendment Scandia, MN Draft Solar Farm District Establishment April 2023 Note: 1,000 ft. buffer from minor arterials and 500 ft.buffer from all other public roads