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04-04-2023 Planning CommissionApril 4, 2023 The Scandia Planning Commission held their regular monthly meeting on the above date. The virtual meeting option was not available due to technical difficulties. Chair Travis Loeffler called the meeting to order at 7:03 p.m. The following were in attendance: Commissioners Laszlo Fodor, Jan Hogle, Travis Loeffler, and Perry Rynders. Absent: Commissioner Kirsten Libby. Staff present: City Planner TJ Hofer, Interim City Administrator Anne Hurlburt, and City Clerk Brenda Eklund. City Council member Steve Kronmiller was also present. PUBLIC FORUM There were no public comments. APPROVAL OF AGENDA, MINUTES Hogle, second by Rynders, moved to approve the agenda as presented. Motion carried unanimously. Hogle, second by Loeffler, moved to approve the March 7, 2023 minutes as presented. Motion carried unanimously. PUBLIC HEARING: DRAFT ORDINANCE AMENDING THE CITY OF SCANDIA UNIFIED DEVELOPMENT CODE REGARDING DISTRIBUTION SCALE SOLAR ENERGY SYSTEMS The City implemented a one-year moratorium on commercial scale solar farms on April 6, 2022, after considering an ordinance amendment to allow the solar installations in shoreland areas. The Planning Commission spent the past year studying the ordinance to address screening, setbacks and other performance standards to address complaints about how these uses look within the city. The Commissioners reviewed a draft ordinance at their meetings in February and March and directed staff to revise the ordinance based on their comments. Planner Hofer summarized the draft zoning amendments that would create a Solar Energy Overlay District to allow Distribution SES in specific areas of the city, including within natural environment shoreland overlays with conditions. A map was produced to show the increased 1,000 ft. setback from minor arterials and 500 ft. setback for all other public roads. Section 6 of the draft ordinance addressed performance standards related to screening, including the use of scenic canvasing, restrictions on utility poles, and allowing ag crops for ground areas under arrays. Chair Loeffler opened the public hearing at 7:20 p.m. There were no comments and the hearing was closed. Planner Hofer reviewed each new text and update of the draft ordinance followed by discussion by the Commissioners. Scandia Planning Commission April 4, 2023 Page 2 of 4 A Solar Energy Systems Overlay District will be added to the Unified Development Code to sections where applicable. Distribution SES will be conditionally permitted in Ag Core, Rural Commercial, Industrial Park base zoning districts and within Natural Environment shoreland given conditions are met. Solar farms will be prohibited around recreational lakes and shoreland areas of Falls Creek. Planner Hofer produced the solar overlay map showing road setbacks and the four areas around natural environment lakes that could permit solar farms. Commissioners asked that the map be simplified with two colors, showing where solar farms are allowed and not allowed. A definition of scenic canvas was added to Chapter 153.600.30, Definitions. Within the allowable districts section for Distribution SES, the conditions for allowing solar farms within Natural Environment shoreland included that all parcels adjacent to the lake are zoned Ag Core. Per the City Attorney comments, liability insurance requirements were increased. In paragraph d. of Performance Standards, Commissioner Rynders recommended that "structure" be added to describe setbacks from the OHWL. In discussion of screening requirements, Rynders suggested expanding the term from "adjacent parcels" to "other parcels" affected. Chair Loeffler said this would be too broad and open to properties much beyond the site. The language will remain as is. Language was amended that views of the solar panels must be 100% obscured during leaf -on and leaf -off conditions. Commissioner Hogle said the setback of 1,000 feet from a major arterial road seems excessive when also requiring full screening of the panels. Hogle said this reduces the area for solar significantly and landowners should have some leeway here. Planner Hofer said his research concluded that larger setbacks are more common in rural areas, such as in Chisago County. Chair Loeffler surveyed the Commissioners on reducing the setback to 800 feet. Fodor recommended retaining the 1,000-foot setback; Hogle, Rynders and Loeffler were in favor of lowering the setback to 800 feet. All were in favor of keeping the 500-foot setback from minor arterial roadways. Paragraph h. requires permanent vegetative screening of at least 20 feet deep. Staff was asked to reword the sentence to make it clearer. Paragraph 1. was amended to "at least 80% of the buffer, as measured in square feet, must be composed of coniferous plantings". At the last meeting, staff was asked to investigate vegetation as recommended by the DNR that would be more resilient to changing weather patterns. Hofer noted that none of the DNR recommended trees are coniferous, and suggested lowering the percentage of coniferous and requiring densely branched trees and shrubs as approved by the Zoning Administrator. The Commissioners agreed to amend the paragraph to state 70% Scandia Planning Commission April 4, 2023 Page 3 of 4 minimum coniferous and require densely branched trees and shrubs in the vegetative mix at maturity. In discussion of the screening requirements as described within various paragraphs of Section III., the Commissioners agreed with staff that the paragraphs be simplified and rearranged to a more logical order, and clarify timing of screening completion. A simplified list of the views requiring screening of solar panels will be numbered in paragraph i, including from public water bodies and dwellings on adjacent properties. Commissioner Rynders recommended that components of the solar array need to be screened from any dwelling that is 500 feet away, as a measure to protect homeowners in the vicinity. Commissioners agreed to modify the distance to 500 feet from the solar array components will trigger screening requirements. Commissioner Hogle questioned if four years is enough time to establish vegetative screening. Hofer explained that he had consulted with his firm's landscape architect who thought 6-8 years is a more realistic timeframe. Hogle said she is open to change this in order to give a solar project an opportunity to succeed. Chair Loeffler said he agreed that the allowance be extended to 6 years to establish 100% screening. It was noted that the language for scenic canvas should be reworded to state it be replaced when faded or damaged. Paragraph t. requires ground areas under the solar arrays be established with plant growth within one growing season from the date of building permit approval. Language was added to allow agricultural pasture plantings if approved in the permitting process. With City Attorney Larson's recommendation, Paragraph bb. was added to allow an option to impose a development agreement for the operation of the Distribution SES. This will ensure the City has enforcement ability in the event requirements are not met. Hogle, second by Rynders, moved to recommend approval of the draft ordinance as amended to the City Council. Motion carried 4-0. The City Council will receive the draft ordinance as amended at their meeting on April 18, 2023. DISCUSS REVISED SITE VISIT GUIDELINES At their meeting on March 7, 2023 the Commission discussed several amendments to the site visit guidelines. Interim Administrator Hurlburt provided the amended guidelines for further discussion, and noted that the guidelines were referred to the City Attorney whose comments were incorporated into the document. Commissioner Hogle said the revised site visit guidelines look great Hogle, second by Fodor, moved to approve the revised site visit guidelines as presented and forward to the City Council with a recommendation of approval. Motion carried 4-0. Scandia Planning Commission April 4, 2023 Page 4 of 4 The recommendation to approve the amended guidelines will be presented to the City Council at their meeting on April 18, 2023. CITY COUNCIL UPDATES There was no report on City Council updates. FUTURE ITEMS: Next meeting — May 2, 2023 The Commission directed staff to cancel the May 2nd meeting if there are no applications received by the April 11th deadline and no pending items for the Commission to act on. ADJOURNMENT Rynders, second by Hogle, moved to adjourn the meeting. Motion carried 4-0. The meeting adjourned at 9:25 p.m. Respectfully submitted, Brenda Eklund City Clerk