#10 - CEF Solar Conditional Use Permit

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STAFF REPORT DATE: 3/21/23 TO: City Council FROM: Sophia Jensen, City Planner ITEM: CEF Lake Elmo Community Solar Garden – Conditional Use Permit BACKGROUND CEF Lake Elmo Community Solar has applied for a Conditional Use Permit for the construction and operation of a solar farm on the property located at 10755 50th Street N (PID#1102921110003). The proposed solar photovoltaic (“PV”) project has a maximum size of 1,000 kilowatts (“KW”) alternating current (“AC”). The Applicant has a Solar Energy Option Agreement to lease up to 10 acres with the Manzara family to enable construction and operations of the project. On November 22, 2021, the Planning Commission held a public hearing on this request. The Planning Commission received the City Staff report, asked questions of City staff and the applicant’s representative and made a recommendation of approval with conditions to the City Council for the requested PUD. The Planning Commission requested that the applicant work to address some of the staff and neighbor concerns about setbacks, landscaping, buffering, and screening prior to City Council action on the application. The applicant worked diligently to do so. At the March 15, 2022 meeting, the City Council discussed the proposal. Council members asked questions about how the project would look, how it would be taxed, and how the solar contracts would impact solar subscribers. Council members were concerned about the impact of the project on the existing neighborhood. The applicant has proposed screening for the solar farm but due to the topography of the surrounding area and the height of the equipment, despite the screening, the equipment on the property would still be largely visible from the public right-of-way and the surrounding properties. Due to the large size of the solar farm and the amount of equipment that would be installed, it would be unlikely that the solar farm would be compatible At the April 5th 2022 City Council meeting the conditional use permit was reevaluated and was denied (motion passed 3-2) based on the findings of fact listed in the resolution with finding 6 stricken (that, with conditions, the land use is compatible with the existing neighborhood). The applicant has since further revised the landscaping plans to address concerns regarding screening that lead to the denial. PROPOSAL DETAILS/ANALYSIS Applicant: CEF Lake Elmo Community Solar, LLC Property Owners: Anthony P. Manzara Rev Trust Location: 10755 50th Street N Request: Application for a Conditional Use Permit (CUP) to allow a solar farm Site Area: 10.9 acres Existing Land Use: Single family residential and agricultural Existing Zoning: Rural Residential