#10 - CEF Solar Conditional Use Permit

Home Browse Search

8 included as an attachment. In this memo, the City’s Landscape Architect requested additional information on tree condition and type before determining whether landscaping requirements. The memo also requesting changes to the tree preservation plan to protect existing trees during construction. The applicant responded to these requires in the February 22, 2022 resubmittal. On March 2, 2022, the Landscape Architect provided an updated memo stating additional information is still needed from the applicant before the tree preservation plan can be considered complete. On March 8, 2022, the applicant provided an updated landscaping plan that addressed each of the comments presented in the March 2nd memo. The applicant resubmitted revised landscape plans on February 17th 2023 resubmittal. On February 28th 2023 the Landscape Architect proved an updated memo with notes to revise the species of proposed trees within the wetland and to revise the plans to provide provisions for irrigation, and revise planting plan and plating legends as noted to achieve the desired screening and ensure adequate survival of plants. On March 13th 2023 the Landscape Architect provided an updated memo waving the request to wrap the trees to the South due to adjacent trees and the applicants need for sun exposure to the South. The applicant has agreed to revise tree spacing requirements on the plan and address comments of the March 13th 2023 memo. PUBLIC COMMENT A public hearing notice was published in the Stillwater Gazette on November 12, 2021. Mailed notices to owners of property within 350’ of the site were delivered to the Post Office prior to November 12, 2021. Staff received one comment in response to the application that is included as an attachment. A public hearing for the request was held at the November 22, 2021 Planning Commission Meeting. Six residents spoke at the public hearing. Two commenters spoke in support of the solar garden. One commenter spoke against the solar garden, citing concerns over sound and requesting a noise study be completed. Three commenters spoke against the solar garden, citing concerns about how the project would impact parcels under their ownership. A second public hearing was published in the Stillwater Gazette on March 10th 2023 and mailed notices to owners of property within 350’ of the site were mailed on March 8th 2023. RECOMMENDED FINDINGS Conditional use means a land use or development as defined by ordinance that would not be appropriate generally but may be allowed with appropriate restrictions as provided by official controls only upon a finding that all of the following provisions are met. Staff recommends the following findings: 1.The proposed use will not be detrimental to or endanger the public health, safety, comfort, convenience or general welfare of the neighborhood or the city. The proposed use will not be detrimental or in any way endanger the public health, safety, comfort. Conditions intended to mitigate any potential impact have been included in the CUP, and include items such as screening, setbacks, and stormwater management. 2.The use or development conforms to the City of Lake Elmo Comprehensive Plan. Chapter 3 of the Comprehensive Plan notes the City has incorporated standards into their zoning ordinances regarding siting of structures and buildings to support access to solar