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Home My WebLink About2023-021CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION 2023-021 A RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR THE CONSTRUCTION AND OPERATION OF A SOLAR FARM ON THE PROPERTY LOCATED AT 10755 50TH STREET NORTH WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, CEF Lake Elmo Community Solar, LLC (the "Applicant") has submitted an application to the City of Lake Elmo (the "City") for a Conditional Use Permit for the construction and operation of a solar farm on the property located at 10755 50th Street North (PID# 11.029.21.11.0003) (the "Property"); and WHEREAS, the Lake Elmo Planning Commission held a public hearing on said matter on November 22, 2021; and WHEREAS, the Lake Elmo Planning Commission has submitted its report and recommendation to the City Council as part of a Staff Memorandum dated March 15, 2022; and WHEREAS, the City Council considered said matter at its April 5th, 2022 meeting and voted to deny the conditional use permit request; and WHEREAS, the Applicant has since revised its landscaping plans to address screening concerns that were the basis for the City Council's denial of the conditional use permit; and WHEREAS, pursuant to Minnesota Statutes Sections 462.3595, subdivision 2 and 462.357, subdivision 3, the City Council held a public hearing on March 21, 2023, to consider the proposed conditional use permit with revised plans; and NOW, THEREFORE, based on the testimony elicited and information received, the City Council makes the following: FINDINGS 1) That the procedures for obtaining said Conditional Use Permit are found in the Lake Elmo Zoning Ordinance, Section 105.12.290. 2) That all the submission requirements of said Section 105.12.290 have been met by the Applicant. LA515-114-860632.v2 3) That the proposed Conditional Use Permit is for the construction and operation of a solar farm on the property located at 10755 50th Street North. 4) 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. 5) 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 its zoning ordinances regarding siting of structures and buildings to support access to solar resources. Given the City's dominant residential landscape pattern, options for private property owners including individual homeowners and homeowners' associations to capitalize on solar energy are supported by the City's adopted ordinances and official controls. 6) The use or development is compatible with the existing neighborhood. The proposed use is permitted in the Rural Residential District subject to a CUP. With conditions, the use is compatible with the existing neighborhood. 7) The proposed use meets all specific development standards for such use listed in Article 7 of this Chapter. The proposed use will meet the specific development standards for a solar facility with specific conditions. 8) If the proposed use is in a flood plain management or shoreland area, the proposed use meets all the specific standards for such use listed in Chapter 150, § 150.250 through 150.257 (Shoreland Regulations) and Chapter 152 (Flood Plain Management). The property is located outside the 0.2% annual chance floodplain and shoreland area. 9) The proposed use will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area. The proposed use will be compatible in appearance with the existing and intended character of the general vicinity and will not change the essential character of the area. 10) The proposed use will not be hazardous or create a nuisance as defined under this Chapter to existing or future neighboring structures. The proposed use will not be hazardous or create a nuisance. To help ensure this, City staff is recommending conditions for screening and decommissioning. 11) The proposed use will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools or will be served adequately by such facilities and services provided by the persons or agencies responsible for the establishment of the proposed use. LA515-114-860632.v2 No wastewater or City water facilities are needed to serve this site. The site is otherwise adequately served by existing City services. 12) The proposed use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community. The proposed use will not create excessive additional requirements at public cost. 13) The proposed use will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. The proposed use will generate 1-3 trips per year on the site. 14) Vehicular approaches to the property, where present, will not create traffic congestion or interfere with traffic on surrounding public thoroughfares. The proposed use will not create traffic congestion or interfere with traffic on surrounding public streets. 15) The proposed use will not result in the destruction, loss or damage of a natural or scenic feature of major importance. The proposed use will not impact a natural or scenic feature. 16) That, in accordance with City Code Section 105.12.290, the Applicant's proposed use of the Property as a solar farm shall be permissible under the Conditions 1-9 as provided in the decision below, and incorporated herein: DECISION NOW, THEREFORE, BE IT FURTHER RESOLVED, and based upon the information received and the above Findings, that the City Council of the City of Lake Elmo hereby approves the request by CEF Lake Elmo Community Solar, LLC for a Conditional Use Permit for the construction and operation of a solar farm on the property located at 10755 50th Street North, and grants the same, subject to the following conditions of approval: Prior to issuance of City permits for the project: 1) Stormwater Management: A stormwater management plan meeting all State, Watershed District and City rules is required and a permit must be obtained from the Valley Branch Watershed District. These required details must be included: a. Soil borings will be required for infiltration basins; b. If adjacent properties are impacted by stormwater discharge, written permission from those property owners is required; c. The storm water facilities must remain privately owned and maintained; and d. A Stormwater Maintenance and Easement Agreement in the City's standard form is required. LA515-114-860632.v2 2) The Applicant must provide to the City Engineer a statement from a qualified engineer certifying the foundation and design of the solar panels, racking and support is within accepted professional standards, given local soil and climate conditions. 3) A revised landscape plan should be submitted to address the Landscape Architects memo dated March 13th 2023 and address reduced tree spacing. 4) Tree plantings must be 9ft. at the time of planting. 5) The Applicant must provide an approved interconnection agreement with Xcel. 6) The Applicant must provide to the Fire Department details about the proposed gate to ensure it is in compliance with the Fire Code. 7) The Applicant must provide a letter of credit in the amount of $120,652 for decommissioning the site. The letter of credit must be in good standing at all times and issued by a bank determined by the City to be solvent and creditworthy. The letter of credit shall be in a form approved by the City. In the event the letter of credit is not renewed or is cancelled, the City may revoke the conditional use permit. 8) The Applicant must obtain all other necessary City, State, and other governing body permits prior to the commencement of any construction activity on the parcel including but not limited to an approved stormwater management plan, utility plans, grading plan, and building permits. General: 8) The Applicant must install a Fire Department lock box for emergency access to the site at an approved location and provide keys for emergency access into the property and any controls necessary for emergency use or shut down. 9) The modules and equipment on the site must be removed within 90 days after the site is no longer operational or has not operated continuously for 12 months. In the event that it is not removed by that time, the City has permission to enter the property to remove the modules and equipment and recover its costs from the letter of credit. In the event that the letter of credit is insufficient to cover the City's costs, the City shall certify the costs against the property and collect the costs with the property taxes. Passed and duly adopted this 4th day of April 2023 by the City Council of the City of Lake Elmo, Minnesota. Charles Cadenhead, Mayor ATTEST: LA515-114-860632.v2 Julie Johnso 9 ty Clerk LA515-114-860632.v2