HomeMy WebLinkAbout#03 - Solar Farm Review1
STAFF REPORT
DATE: 9/12/2023
DISCUSSION
TO: City Council Workshop
FROM: Sophia Jensen, City Planner
AGENDA ITEM: Review of the City’s Solar Farm Regulations REVIEWED BY: Kristina Handt, City Administrator
BACKGROUND: The City Council asked staff to bring forward for review the City’s solar farm performance standards and use designations due to concerns with the impacts solar farms may have on the rural character and visibility from adjacent properties.
ISSUE BEFORE THE CITY COUNCIL: Does the City Council wish to change the solar farm use designations and/or performance standards? ANALYSIS: Staff investigated 3 City’s with similar characteristics or geographic location who also had solar farm regulations. Highlights from the review are summarized below: City of Hugo updated their solar ordinance on July 24th 2023.Their revisions include the
requirements of solar farm to be located 100 feet from all property lines and 200 feet from any
principal structure on adjacent properties, they previously required a 50 foot setback. They
currently require solar farms to be on a parcel of 10 acres or more, and added regulations that solar
farms are limited to 5 acres of the site area. They also require a 6’ screening buffer. Hugo also
incorporated language that ground area within the solar farm is to be planted with native pollinator
plants. (Ordinance 2023-528)
City of Scandia updated their solar ordinance on April 18th 2023. Their revisions include the
creation of the Solar Energy System Overlay District (SES-O). They require a 75 foot setback
from all parcel boundaries and 350 feet from existing residential structures at the time of the
application. Scandia also requires an 800 foot setback from the centerline of minor arterial
roadways and 500 feet from the centerline of all other public road right of ways. Their screening
requirements include a scenic canvas attached to fencing, a vegetative screening depth of 20 feet,
and the use of native pollinator plants. Scandia requires 100% opaque screening year round met
after 6 growing seasons. They also have regulations regarding stormwater permitting,
decommissioning, and lighting. (Ordinance 2023-03)
Cottage Grove requires a minimum of 300’ from all property boundary lines and that solar farms
are located on a lots of at least 5 acres. Cottage Grove requires vegetative screening and buffering,
2
which may include fences or walls. They also require that electrical connection systems must be
placed underground within the interior of each parcel and between the solar energy system and the
point where the interconnection to the electric grid is made. (§ 11-4-13 Cottage Grove City Code)
The City of Lake Elmo allows solar farms as an interim use in rural transitional (RT) zoning districts and as a conditional use in the rural residential (RR) and agriculture (A) zoning districts subject to the following standards, LEC 105.12.1470 requires solar farms to be located on a lot of at least 10 acres in size and maintain at least a 50 foot setback from adjacent properties. The code
also requires screening and fencing as determined by the City from adjacent properties. The code
also cites regulations for stormwater and NPDES permitting in addition to the certification of the panels design, foundation and raking by an engineer. (Note the use table cites 105.12.1440 which should be corrected to 105.12.1470). FISCAL IMPACT:
Potential loss of land use application fees. OPTIONS:
• Leave the solar farm use and performance standard regulations the same; or
• If a majority of the council would like staff to change the solar farm use and/or ordinance, please provide staff with direction on what changes are preferred and staff will bring the ordinance changes back to council for approval.
ATTACHMENTS:
• Comparison Tables
• Map of Possible Solar Farm Sites Based on Current Code
• Lake Elmo Solar Farm Ordinance (Use Table and Performance Standards)
• City of Hugo Ordinance 2023-528 and CC Minutes from 7-24-2023
• City of Scandia Ordinance 153.300 Allowed Uses Ord No 2023-03
• City of Cottage Grove Ordinance § 11-4-13(e) Cottage Grove City Code
City Zoning Districts Use
Cottage Grove
City of Hugo
City of Scandia
Accessory use in all zoning districts
identified in Exhibit A ofRes 985
LA; AG; RR; FUS
SES Overlay District:
AG-C, R-C, I-P
City of Lake Elmo
A - Agricultural
AG-C - Agricultrual Core
AP - Agricultural Preserve
LA - Long Term Agriculture FUS - Future
Urban Service
A;RR
RT
Interim Use Permit
Interim Use Permit
Conditional Use
Permit
Conditional Use Permit
Interim Use Permit
RC - Rural Commercial
IP - Industrial Park
RR - Rural Residential
RT - Rural Transitional
Lot Size City Setbacks
Located on a lot of 100' setback from all property lines
at least 10 acres but and 200' setback from public ROW
limited to an area of Hugo and principal structures on adjacent s acres. properties.
751 setback from all parcel
boundaries. 350' from existing
residential structures at the time of
N/A Scandia the application. 800' setback from
the centerline of minor arterial
roadways. 500' from the centerline
of all other public road right of ways
Located on a lot of Cottage 300, from all property boundary
at least 5 acres. Grove lines.
Located on a lot of 50' setback from adjacent
at least 10 acres. Lake Elmo properties.
Screening and Landscape
Requirements
6' tall screening vegetation and use of
native pollinator plants for area within
solar farm.
Their screening requirements include a
scenic canvas attached to fencing, a
vegetative screening depth of 20 feet,
and the use of native pollinator plants.
100% opaque screening year round met
after 6 growing seasons.
Requires vegetative screening and
buffering, which may include fences or
walls.
The code also requires screening and
fencing as determined by the City from
adjacent properties.
Possible Solar Farms(Zoned RR, A, or RT and 10+ Acres)
SOLAR ENERGY SYSTEMS ORDINANCE 2016-47523-XXX
CITY OF HUGO
WASHINGTON COUNTY, MN
ORDINANCE RELATING TO AND REGULATING
ACCESSORY SOLAR ENERGY SYSTEMS AND SOLAR FARMS
TITLE:
An ordinance adding and amending Chapter 90, Article I, Sec. 90-1. – Definitions, Chapter 90, Article
IV - Zoning District Regulations, and Chapter 90, Article VI- Requirements for Specific Uses and
Performance Standards.
SOLAR ENERGY SYSTEMS ORDINANCE:
Chapter 90, Article I, Sec. 90-1. – Definitions
Add the following:
Accessory Solar Energy Systems means a solar energy system that is composed of a single or multiple
solar panels where the system is deemed accessory to the primary land use. An accessory solar energy
system is intended to primarily reduce on-site consumption of utility power for an active existing
use/structure. Excess electrical power generated and not presently needed for on-site use may be
provided to the utility company.
Ground Mounted Solar Energy System means a solar energy system that is structurally mounted to the
ground, generally upon a pole or rack mount. A ground mounted system may be a fixed or tracking
system.
Roof Mounted Solar Energy System means a solar energy system that is structurally mounted to the roof
of a structure. These systems are generally affixed with a racking system and may be flush or angled.
Solar Access means unobstructed access to the solar resource on a lot or building, including access
across adjacent parcel air rights, for the purpose of capturing direct sunlight to operate a solar energy
system.
Solar Array means a group of solar panels wired together.
Solar Energy Easement means an easement that limits the height or location, or both, of permissible
development on the burdened land in terms of a structure or vegetation, or both, for the purpose of
providing access for the benefited land to wind or sunlight passing over the burdened land.
Solar Energy System means a system whose primary purpose is to harvest energy by transforming solar
energy into another form of energy or transferring heat from a collector to another medium using
mechanical, electrical, or chemical means.
Solar Farm means a solar energy system that is composed of multiple solar panels where the primary
land use, whether by footprint or visual impact or both, of the parcel is for a solar array. A solar farm
produces energy for wholesale to subscribers.
Ordinance 2016-475
Solar Energy
Solar Hot Water System means a system that heats or preheats water for building heating systems or
other hot water needs, including residential domestic hot water and hot water for commercial processes.
Solar Panel means a panel designed to absorb the sun’s rays as a source of energy for generating
electricity or heating.
Solar Resource means a view of the sun from a specific point on a lot or building that is not obscured by
any vegetation, building, or object for a minimum of four hours between the hours of 9:00 AM and 3:00
PM Standard time on any day of the year.
Chapter 90, Article IV – Zoning District Regulations
Add from Sec. 90-93. – Long term agricultural district (LA) through Sec. 90-110 – Future central
business district (FCB) (d) Conditional uses / Interim uses. and (d)(#) Solar energy systems (refer to
section 90-278).
Chapter 90, Article VI – Requirements for Specific Uses and Performance Standards
Add Sec. 90 – 278. – Solar energy systems.
(a) Unlawful unless conditions met. It is unlawful for any person to construct, erect, install, or
maintain a solar energy system in the city, except in conformance with this section.
(b) Purpose and intent. The purpose of this section is to allow for the generation of renewable energy
within the City of Hugo. Promoting the safe, effective, and efficient use of solar energy, may reduce
the onsite consumption of fossil fuels and utility-supplied electric energy while avoiding adverse
impacts on the community at large.
(c) General standards for all solar energy systems. Solar energy systems must conform to all of the
following standards:
(1) A building permit shall be required for the erection of solar energy system. Prior to the
issuance of a building permit, the operator must provide evidence of an agreement with the
local utility. Off-grid systems shall be exempt from providing evidence of an agreement with
the local utility.
(2) It shall be the responsibility of the property owner to secure any solar energy easements, if
applicable, to protect solar access for the system (as per MN Statute Section 500.30).
(3) Solar energy system components shall be labeled with the manufacturers name and address,
model number, and serial number.
(4) All exterior electrical or other service lines shall be buried underground. The collection
system may be placed overhead near substations or points of interconnection to the electrical
grid. Exceptions may be granted in instances where shallow bedrock, water courses, or other
elements of the natural landscape interfere with the ability to bury lines.
(5) All solar energy systems shall be in compliance with the adopted City and State building
code, electrical code, and plumbing code, as amended and receive any necessary permits or
approvals from any regulatory agency having jurisdiction.
Ordinance 2016-475
Solar Energy
(d) Solar farms.
(1) Solar farm interim use permits. An interim use permit application must be submitted for
approval by the Planning Commission and City Council before a permit is issued for a solar
farm. The information required and the procedure to be followed for all solar farm interim
use permit applications shall be the same as that required for a conditional use permit set
forth in subsections 90-37(a) and (b). In addition, the applicant shall submit supplementary
information pertaining to the nature of the solar farm including:
a. Total square footage of the solar energy system.
b. Total energy production for the site.
c. To scale horizontal and vertical (elevation) drawings.
d. Drawings must show the location of the system on the property including the property
lines and proposed fencing or vegetative buffer.
e. Decommissioning plan.
(2) Performance standards for solar farms. Solar farms shall be erected and maintained to
meet the following standards.
a. Solar farms shall be located on a minimum lot size of 10 acres within the Long Term
Agricultural (LA), Agricultural (AG), Rural Residential (RR), and Future Urban
Service (FUS) zoning districts. Solar farms may also be located in any other zoning
district only in the floodplain, as long as all other conditions are met.
b. Solar farms shall be 50 100 feet from all property lines, 200 feet from all and public
road rights-of-way, and 200 feet from any principal structure on adjacent properties.
c. Solar farms shall be limited to a size of 5 acres, measured by the exterior edges of the
solar array.
dc. Ground mounted solar energy systems shall not exceed 15 feet in height at any point
when oriented at maximum tilt.
ed. Solar farms shall be enclosed by approved perimeter fencing or adequate vegetative
buffer for screening. The primary form of buffer for screening shall be at least 6-foot
tall vegetation. Exception may be granted if the natural landscape provides screening
from all public right of ways and neighboring properties.
f. All ground areas within the perimeter fencing of a solar farm that are not occupied by
equipment or access paths shall be planted with deep rooted, native pollinator
plantings.
g. Solar farm applications shall include a vegetation establishment and management
plan which shall be reviewed and approved by staff.
he. The owner/ operator of the solar farm shall provide the City with evidence that the
solar energy system is functioning properly. This shall be provided at any time
deemed necessary by the City.
Ordinance 2016-475
Solar Energy
if. The owner/operator shall submit a decommissioning plan for the solar farm to ensure
that the owner/operator properly removes the equipment and facilities upon the end of
the project life, abandonment, expiration, or termination of the interim use permit. If
the solar energy system remains nonfunctional or inoperative for a continuous period
of 12 months, the system shall be deemed abandoned and shall constitute a public
nuisance. The owner shall remove the abandoned system at their expense after a
demolition permit has been obtained within 90 days after notice has been given.
Removal includes the entire structure including transmission equipment, structures
and foundations, and the restoration of soil and vegetation. The owner/operator shall
provide a current-day decommissioning cost estimate, and shall post financial
security in a form acceptable by the City. This estimate must include an inflationary
escalator, in an amount determined by the City, which will allow the City to remove
the solar farm from the property after the 90-day period has elapsed.
(3) Criteria of approval of a solar farm. An application for a solar farm interim use permit may
be granted only upon finding that all of the following criteria have been met:
a. The applicant owns the property or has secured a proper lease agreement on the
property, unless the City Council determines that unique conditions or circumstances
warrant special arrangement.
b. The proposed solar farm is allowed as a principle use in the respective zoning district
and conforms to this chapter.
c. The proposed solar farm is keeping with the spirit and intent of this chapter.
d. The construction of a solar farm shall not impede the City’s ability to implement its
comprehensive plan.
e. The proposed solar farm is compatible with the present character of the surrounding
area.
f. The proposed solar farm shall have a set date in which the permit shall be reviewed
or terminated.
g. The proposed solar farm shall be subject to any conditions that the City Council
deems appropriate for the permission of the use.
(4) Conditions of approval. In permitting a new solar farm interim use permit or amending an
existing solar farm interim use permit, the Planning Commission may recommend and the
City Council may impose additional conditions and requirements to protect the health, safety,
and welfare of the surrounding area and the community at large, mitigate unfavorable
consequences of activities resulting from the solar farm, enforce laws and regulations, and
ensure compliance with the conditions of the permit. These conditions may include, but are
not limited to, the following:
a. Limitations on period of use and operation.
b. Buffering and screening measures.
Ordinance 2016-475
Solar Energy
c. Approval periods between one to twenty-five years.Additional setbacks.
d. Approval periods between one to twenty-five years.
(5) Renewal of a solar farm interim use permit. Because of its temporary nature, an interim
use permit for a solar farm shall not be renewed. Continuation of a solar farm beyond the
date of expiration of its interim use permit requires approval of a new interim use permit.
(6) Interim use permit nontransferable. Solar farm interim use permits do not run with the
land. The permit is not transferable from person-to-person, and shall expire if there is a
change in ownership of the property, unless the following conditions are met:
a. The new permit holder must own the property or have a written lease agreement with
the property owner stating the land will continue to be used for the production of
energy via a solar farm.
b. The new permit holder shall abide by all requirements of the original permit,
including, but not limited to, posting financial security to the City for
decommissioning, as outlined in subsection 2 (f).
c. The transfer of the permit must be approved by the city and filed accordingly.
(7) Basis for denial. In order to recommend denial of an interim use permit, the Planning
Commission must find that the proposed use will not meet one or more of the conditions found
in subsection (3) of this section.
(8) Suspension and revocation.
a. The City Council may suspend or revoke an interim use permit upon failure of the
interim use, or the interim use permit holder, owner, operator, tenant, or user, to comply
with City Codes, the laws of the State of Minnesota, the approved plans, or the
conditions of approval, or by which that activities allowed under the permit adversely
affect the public health, safety, or welfare.
b. A suspension or revocation of an interim use permit shall be preceded by written notice
to the permit holder and a hearing before the city council. The notice shall provide at
least ten days’ notice of the time and place of the hearing and shall state the nature of
the violations. The notice shall be mailed to the permit holder at the most recent address
listed on the application.
(9) Expiration and termination. An interim use permit shall expire and the interim use permit
shall terminate at the earlier of:
a. The expiration date established by the City Council at the time of approval, but in no
case more than 25 years from the date of approval.
b. Occurrence of any event identified in the interim use permit for the termination of the
use.
c. Upon an amendment to the City Code that no longer allows the interim use.
(10) Issuance of permit. The Community Development Director or designee shall, within ten
days of City Council approval of any interim use permit, provide one copy of the
Ordinance 2016-475
Solar Energy
completed permit to the applicant, the City Clerk, and for permits issued in the floodplain
district or shoreland district, to the Commissioner of the Department of Natural Resources.
(e) Accessory Solar Energy Systems
(1) Accessory solar energy systems building permit. A building permit application must be
submitted and approved by the Building Official before an accessory solar energy system is
installed. The information required and the procedure to be followed for all accessory solar
energy system applications shall be the same as that required for a building permit. In
addition, the applicant shall submit supplementary information pertaining to the nature of the
accessory solar energy system including:
a. Total square footage of the solar energy system.
b. Total energy production for the site.
c. To scale horizontal and vertical (elevation) drawings.
d. Drawings must show the location of the system on the building or on the property
including the property lines and proposed screening, if required.
(2) Accessory commercial or industrial solar energy systems building permit. All
commercial or industrial solar energy systems will require submittal for approval by the
Community Development Director or designee before a permit is issued for any accessory
solar energy system. This submittal process will require the same application and
supplementary information required in e (1). Denial of a building permit request may be
appealed to the Planning Commission by following the procedures outlined in 90-37.1.
(3) Performance standards for accessory solar energy systems. Accessory solar energy
systems shall be erected and maintained to meet the following standards.
a. Setbacks for accessory solar energy systems are as follows:
1. Ground or pole mounted solar energy system panels shall conform to all
setback requirements for accessory uses in the district in which they are located.
2. Roof mounted solar energy systems shall abide by all manufacturer
specifications and requirements.
b. Coverage requirements for accessory solar energy systems are as follows:
1. Ground mounted solar energy systems are considered accessory structures.
The size of the system (sq. ft.) will be calculated as part of the maximum
combined number and size of accessory structures allowed by lot size. The
number and size of accessory structures permitted are as follows:
Lot size
Maximum number of
accessory structures
allowed
Maximum combined size
of accessory structures
(square feet)
Ordinance 2016-475
Solar Energy
Under 1.5 acre 1 260
1.5 to 2.99 acres 2 1,500
3 to 4.99 acres 2 2,000
5 to 9.99 acres 2 3,500
10 or more acres 3 5,000
2. Roof mounted systems are not accessory structures and are excluded from size
and number calculations for accessory structures.
3. A variance application may be submitted if the ground mounted solar energy
system exceeds the limits for maximum combined size of accessory structures,
but does not meet the definition of a solar farm.
c. Height requirements for accessory solar energy systems are as follows:
1. Ground or pole mounted solar energy systems shall not exceed 15 feet in height
when oriented at maximum tilt.
2. Roof mounted solar energy systems shall not project vertically more than the
height requirements of the district in which they are located.
d. Screening requirements for accessory solar energy systems are as follows:
1. Residential roof mounted solar energy systems are not required to be screened
by this ordinance.
2. Commercial or industrial roof mounted solar energy systems shall be installed
such that it is compatible with the building architecture. Architectural standards as
found in the commercial and industrial guidelines, a PUD, or other architectural
conditions shall apply.
e. Except in the agricultural and long-term agricultural zoning districts, no ground or
pole mounted solar energy system shall be located or protrude in front of the principle
building on the site, in relation to any public street.
f. Roof mounted solar energy systems shall not extend beyond the perimeter of the
building on which the system is mounted or built. Exterior piping for solar hot water
systems shall be allowed to extend beyond the perimeter of the building.
g. If the solar energy system remains nonfunctional or inoperative for a continuous
period of 12 months, the system shall be deemed abandoned and shall constitute a
public nuisance. The owner shall remove the abandoned system at their expense
Ordinance 2016-475
Solar Energy
within 90 days. Removal includes the entire structure including transmission
equipment, structures and foundations, and the restoration of soil and vegetation.
(4) Criteria for approval of an accessory commercial or industrial solar energy system. An
application for an accessory commercial or industrial solar energy system permit may be granted
only upon a finding that all the following criteria have been met:
a. The applicant owns the property or has a leasing contract with the owner of the
property.
b. The proposed solar energy system conforms to this chapter.
d. The proposed solar energy system shall be subject to, by agreement with the property
owner or lease holder, any conditions that the City deems appropriate for permission
of the use.
Passed and adopted by the City Council of the City of Hugo this ___ day of _________, 2023.
___________________________
Tom Weidt, Mayor
Attest:
__________________________
Michele Lindau, City Clerk
MINUTES
City Council Meeting
City Hall Council Chambers
Monday, July 24, 2023
7:00 p.m.
Call to Order
Mayor Weidt called the meeting to order at 7:00 p.m.
Roll Call
COUNCIL PRESENT: Klein, Miron, Strub, Weidt
COUNCIL ABSENT: Petryk
OTHERS PRESENT: City Administrator Bryan Bear, City Engineer Mark Erichson, City
Attorney Dave Snyder, Community Development Director Rachel Juba, Finance Director Anna
Wobse, City Clerk Michele Lindau
Approve Minutes for the July 10, 2023, City Council Meeting
Klein made motion, Strub seconded, to approve the minutes for the City Council meeting held on
July 10, 2023, as presented.
All Ayes. Motion carried.
Approval of Agenda
Weidt made motion, Klein seconded, to approve the agenda as presented.
All Ayes. Motion carried.
Presentation of 2022 Audit Report – Jill Schultz, Smith Schafer & Associates
Jill Schultz from the independent accounting firm of Smith Schafer & Associates presented a
recap of the audit of City finances for the 2022 fiscal year. She began by providing background
and stated the reason for the audit was to provide assurance financial statements were free of
material misstatements. Six areas were required to be tested by the state, and there were no
exceptions noted during the 2022 audit.
She explained the difference between Governmental and Enterprise fund types and provided
details on each. She reviewed revenues stating City property taxes bring in the most revenue, and
building permit revenue decreased slightly in 2022. Governmental Fund revenues showed a loss
in investment earnings in 2021 and a larger loss in 2022, which was seen across the board in all
of their government clients. Government Expenditures showed increases in all categories due
mainly to the increased salaries for previously unfilled positions and materials and the
construction of the new Lions Park and Public Works facility. Overall, the General Government,
Public Safety, and Street and Highway funds made up most of the expenditures. Park
maintenance expenditures increased due to Lions Park. Jill talked about the purpose and benefit
of general fund reserves saying they create a favorable bond rating and provide for unanticipated
Council Meeting Minutes for July 24, 2023
Page 2 of 6
expenditures. She said the state auditor recommended 35-50% in the reserve, but Hugo typically
budgeted at least 50% of the following year’s budget. She reviewed capital projects over the
past five years that showed large increases over the past two years due mainly to Lions Park and
the new Public Works building. She talked about the Enterprise Fund explaining decreases in
the revenue were due to less new construction so trunk fees and connection fees were down, and
the loss in investments. She summarized by saying the City was issued an unmodified audit
opinion with no Minnesota legal compliance exceptions. The Annual Comprehensive Financial
Report (ACFR) had been posted on the City’s website and a summary had been published in the
City’s official newspaper.
Miron made motion, Klein seconded, to formally accept the 2022 City Audit.
All Ayes. Motion carried.
Consent Agenda
Klein made motion, Strub seconded, to approve the following Consent Agenda:
1. Approve Claims Roster
2. Approve Annual Performance Review for Associate Planner Max Gort
3. Approve Summary Ordinance on Interim Cannabis.
4. Approve Lawful Gambling Excluded Bingo Permit for the Northern Lights Car Show
on September 17, 2023 at the Blacksmith
5. Approve Special Event Permit for Wenzel-Markfort Family Reunion on August 12, 2023
6. Approve Special Event Permit for Wilson Tool Company Picnic on August 13, 2022
7. Approve Special Event Permit for Kourageous Karter Race on September 16, 2023
8. Approve Encroachment Agreement for 13367 Fondant Trail North
9. Approve Encroachment Agreement for 6143 Goodview Trail Court North
10. Approve Shores of Oneka Lake, Outlot B Wetland Replacement Plan
All Ayes. Motion carried.
Approval of Claims
Adoption of the Consent Agenda approved the Claims Roster as presented.
Approve Annual Performance Review for Associate Planner Max Gort
Max Gort was hired as the new Associate Planner on August 8, 2022. Adoption of the Consent
Agenda approved the Annual Performance Review for Associate Planner Max Gort.
Approve Summary Ordinance on Interim Cannabis
At its July 10, 2023, meeting, Council approved an interim ordinance on cannabis. Staff had
prepared a summary of that ordinance for publication. Adoption of the Consent Agenda
approved SUMMARY ORDINANCE 2023-527, A SUMMARY OF AN INTERIM
ORDINANCE PROHIBITING THE SALE, TESTING, MANUFACTURING, AND
DISTRIBUTION OF CANNABINOID PRODUCTS.
Council Meeting Minutes for July 24, 2023
Page 3 of 6
Approve Lawful Gambling Excluded Bingo Permit for the Northern Lights Car Show on
September 17, 2023 at the Blacksmith
The Northern Lights Car Club had applied for a Lawful Gambling Excluded Bingo Permit to
hold bingo during their Northern Lights Car Show at the Blacksmith Lounge on September 17,
2023. Licenses are issued by the Minnesota Gambling Control Board after the application is
approved by the City. Adoption of the Consent Agenda approved the application for a Lawful
Gambling Excluded Bingo Permit for the Northern Lights Car Club.
Approve Special Event Permit for Wenzel-Markfort Family Reunion on August 12, 2023
Kathy Wenzel-Markfort had applied for a Special Event Permit to hold a family reunion on her
property at 5623 142nd Street on Saturday, August 12, 2023. A band would be playing from 5
p.m. to 7 p.m. at this event. An event that included live music required a Special Event Permit
approved by Council. Adoption of the Consent Agenda approved the Special Event Permit for
the family reunion on August 12, 2023.
Approve Special Event Permit for Wilson Tool Company Picnic on August 12, 2023
Wilson Tool had applied for a Special Event Permit to hold their annual company picnic on
Saturday, August 12, 2023, at the Hanifl Shelter and Fields. This event required a Special Event
Permit approved by Council because there would be amplified sound, alcohol served, temporary
structures (tents), and approximately 500-1,000 people were expected to attend. This would be a
private event and free of charge to Wilson Tool employees and their families. Adoption of the
Consent Agenda approved the Special Event Permit for the Wilson Tool Picnic on Saturday,
August 12, 2023
Approve Special Event Permit for Kourageous Karter Race on September 16, 2023
Jennifer Williams, representing the Kourageous Karter Foundation, had applied for a Special
Event permit to hold the Kourageous Karter Race on Saturday, September 16, 2023. This would
be a run/walk to raise awareness and funds to help support the needs of medically complex kids.
The run/walk would begin at the Pede Pedersen Pavilion and continue onto the Hardwood Creek
Trail. This event required a Special Event Permit approved by Council because there was
expected to be over 200 people in attendance. Adoption of the Consent Agenda approved the
Special Event Permit for the Kourageous Karter Race on Saturday, September 16.
Approve Encroachment Agreement for 13367 Fondant Trail North
Sara Thorstenson and Brandon Porten had requested an encroachment agreement to allow
construction of a fence within a drainage and utility easement on property located at 13367
Fondant Trail North. The Senior Engineering Technician had reviewed the location of the fence
and was comfortable with the request. Adoption of the Consent Agenda approved
RESOLUTION 2023-19 APPROVING AN ENCROACHMENT AGREEMENT TO ALLOW
CONSTRUCTION OF A FENCE WITHIN A DRAINAGE AND UTILITY EASEMENT ON
THE PROPERTY LOCATED AT 13367 FONDANT TRAIL NORTH.
Council Meeting Minutes for July 24, 2023
Page 4 of 6
Approve Shores of Oneka Lake, Outlot B Wetland Replacement Plan
Fenway Land Company had requested to impact a .5-acre wetland for future development of
Outlot B, The Shores of Oneka Lake. The City had not approved any development application or
development of the property with the wetland replacement plan. Any development of the site
would require approval from the City. The applicant proposed to replace the impacts to the
wetland basin though the purchase of wetland credits from an approved wetland bank. Adoption
of the Consent Agenda approved the wetland replacement plan, subject to final Technical
Evaluation Panel issuance of the Notice of Decision for the wetland replacement application.
Discussion and Approval of Solar Ordinance and Summary Ordinance
Community Development Director Rachel Juba provide background on the review of the Solar
Energy Systems Ordinance. At its June 12, 2023, meeting, Council extended the moratorium on
the new development of solar farm solar energy systems for six months. The Ordinance Review
Committee (ORC) had met several times to determine potential revisions to the ordinance and
proposed several revisions to the performance standards and conditions of approval. Proposed
changes included increasing the setbacks to 200 feet, five-acre size limit, and requirements for
six-feet tall vegetation for screening, pollinator friendly plants, and a vegetation management
plan. It was also proposed to include imposing addition setbacks based on conditions. Planning
Commission held a Public Hearing at its July 13, 2023, meeting and took public comments.
There was discussion on setbacks, screening, and trespassing. The Planning Commission had
unanimously recommended approval of the proposed changes including language to have the
duration of the Interim Use Permit begin when the solar farm went into operation.
Klein and Miron were on the ORC and agreed it met what the committee had talked about to
maintain property rights with the understanding that this type of development has impacts.
Klein made motion, Miron seconded, to approve ORDINANCE 2023-528 AMENDING
CHAPTER 90 – ZONING AND LAND USE, ARTICLE VI – REQUIREMENTS FOR
SPECIFIC USES AND PERFORMANCE STANDARDS, SECTION 90-278 – SOLAR
ENERGY SYSTEMS, AS IT RELATES TO SOLAR FARMS.
Roll call vote-
Ayes: Klein, Miron, Strub, Weidt
Nay: None
Motion carried.
Miron made, motion, Klein seconded, to approve SUMMARY ORDINANCE 2023-528, A
SUMMARY OF AMENDED SOLAR ENERGY SYSTEMS ORDINANCE.
Roll call vote-
Ayes: Klein, Miron, Strub, Weidt
Nay: None
Motion carried.
Council Meeting Minutes for July 24, 2023
Page 5 of 6
Receive Bids and Award Contract for Lift Station No. 12
City Engineer Mark Erichson explained that on July 20, 2023, bids were received for Lift Station
No. 12 Improvements. Six bids were received with the low bidder being CW Houle, Inc. Bids
ranged from $614,930.00 to $2,896,968.69. The engineer’s estimate was $750,000. The lift
station was on schedule to be substantially complete by January 19, 2024, with final completion
by May 17, 2024. Erichson recommended approval of the resolution receiving bids and
awarding the contract to CW Houle, Inc. in the amount of $614,930.00.
Miron made motion, Klein seconded, to approve RESOLUTION 2023-21 RECEIVING BIDS
AND AWARDING A CONTRACT FOR LIFT STATION NO. 12.
All Ayes. Motion carried.
Receive Bids and Award Contract for TH61 and 159th Street Improvements
City Engineer Mark Erichson explained that on July 21, 2023, bids were received for the TH 61
and 159th Street Roundabout Improvement Project. Six bids were received ranging from
$2,161,729.90 to 2,942,458.70. The engineer’s estimate was $2,755,147.20. The street
improvement project was on schedule to be substantially complete by December 1, 2023, with
final completion by May 31, 2024. Erichson recommended approval of the resolution receiving
bids and awarding a contract to Arnt Construction Company, Inc. in the amount of
$2,161,729.90.
Klein made motion, Strub seconded, to approve RESOLUTION 2023-22 RECEIVING BIDS
AND AWARDING A CONTRACT FOR THE TH 61 & 159TH STREET RECONSTRUCTION.
All Ayes. Motion carried.
Schedule National Night Out on Tuesday, August 1, 2023
City Administrator Bryan Bear reminded Council that in the past Council had attended
neighborhood parties along with Fire Department and Washington County Sheriff’s Office
personnel. He recommended Council schedule a meeting to attend 2023 National Night Out
events on Tuesday, August 1, 2023.
Weidt made motion, Klein seconded, to schedule National Night Out as a meeting to attend
neighborhood events on August 1, 2023.
All Ayes. Motion carried.
Vacancy on the Browns Creek Watershed District
City Administrator Bryan Bear informed Council of vacancies on the Browns Creek Watershed
District Board. Residents interested in being appointed to the board could contact City Hall.
Council Meeting Minutes for July 24, 2023
Page 6 of 6
Expansion of Xfinity High Speed Internet to the Northeastern Hugo
City Administrator Bryan Bear informed Council the City was recently notified that Comcast
was awarded a grant to do a project that would provide Comcast service to 190 residents and 21
businesses located in the northeastern section of Hugo that were shown to be underserved. The
grant was being paid for with ARPA Funds and will be done at no cost to the City. Comcast will
extend its network to provide 1.2 Gbps download and 200 Mbps upload, which exceeds
Minnesota’s 2026 state speed goal.
Adjournment
Klein made motion, Miron seconded, to adjourn at 7:35 p.m.
All Ayes. Motion carried.
Respectfully Submitted,
Michele Lindau, City Clerk
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
Base Character Area: Agricultural Districts
Saler Enera S stems 0%erlay Disyict SES -0
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 -0). The AM -0 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 -0 are guided as Aggregate Resources in the
Comprehensive Plan.
Lot Area, setbacks, and other dimensional requirements of the AM -0 District
are contained in Chapter 154.
Page 1 of 13
B) Shoreland Management Overlay District (SM -O). The SM -0 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 -0 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.
Il. All other Base Zoning Districts reference the SM -0 District standards in
Chapter 155 of the City's Code of Ordinances, and standards stated within
the SM -0 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.
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 -0). The FM -0 District is established
consistent with the rules and guidelines as applied by FEMA. Properties within the
FM -0 shall follow all rules and regulations as contained within Chapter 156 of the
Code of Ordinances.
E) Solar Energy Systems Overlay District (SES -0). The SES -0 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 2 of 13
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:
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:
SCRD-0 SM -0 AM -0 FW -01 FF -02 SES -0 Use Specific Regulations Section Reference
Use Specific Section
Table
C
T
N
O'
Tca
O
o
A -P AG -C RR -G RR -N V -N V -C V -HC R -C I -P Reference
3 O
CDZ
iT 9
o o
CD
O>
O W 2 O
2 m m o U m
Land Use
o a a
N o N Y
E
J 5
d— N O Z U
Of L N N
2
d OQ NC
U U F2 C 0 N (9 N F
Q Q of 0 Of Z C
Agricultural and Land Based
Ia F E FieFgy
mil&{i6tFltlNifOR GW GUP G412 453,300,030 cO& 1 icci
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:
SCRD-0 SM -0 AM -0 FW -01 FF -02 SES -0 Use Specific Regulations Section Reference
a
X f0
Land Use 0
Table
C
T
N
O'
Tca
O
o
a
E
m CO, m3 w C N
w E
3 O
m
L R iT 9 p O ap8 CD
O>
O W 2 O FL n cn
Permitted Uses in Base Zoning District (Table
153.300.020-2), except as further regulated in this P P P Chapter 154, Chapter 156, Washington CountyP
Table Development Code Chapter 5
Conditionally Permitted Uses in Base Zoning District
Table 153.300.020-2), except as further regulated in CUP CUP CUP CUP Chapter 154, Chapter 156
this Table
Chapter 154, Chapter 155, Chapter 156,
Aggregate Mining and related activities CUP Washington County Development Code
Chapter 5
Agriculture, and accessory agricultural uses P P Washington County Development Code
Chapter 5
Chapter 154, Chapter 155, Chapter 156,
Single-family Residential, detached P P P P Washington County Development Code
Chapter 5
Page 3 of 13
Accessory residential uses, including Accessory
Dwelling Unit (ADU)
Open Space, Parks and Wildlife/Nature Preserves
and Conservancy
Private and public boat launching ramps
Residential lawns, gardens and play areas (above
OHWL)
Parking areas
Marinas, boat rentals, docs, piers, wharves, and
water control structures
Railroads, streets, bridges, utility transmission lines
and pipelines
Filling or grading
Structural works for flood control (levees, dikes and
floodwalls)
Feedlots — new, any size
Feedlots — expansion or resumption of existing
Forest Management
Forest Land Conversion
Extractive use
Mining of metallic minerals and peat
Solar Energy Systems — Distribution Scale
Distribution SES)
OVERLAY DtS1RIC7
SCRD-0 SM -0 AM -0 FW -01 FF -Oz SES -0 Use Specific Regulations Section Reference
CUP
P P P
CUP P
P P
P P
CUP CUP
P CUP
P/CUP P/CUP P/CUP CUP CUP
CUP CUP
P P
P
SUR
153.300.030 Subd. 1 (C); Chapter 156,
Washington County Development Code
Chapter 5
Chapter 154, Chapter 156
Chapter 154, Chapter 156
Chapter 154, Chapter 156
Chapter 154, Chapter 156
Chapter 154, Chapter 156
Chapter 154, Chapter 156
Chapter 154, Chapter 156
Chapter 154, Chapter 156
Chapter 154
Chapter 154
Chapter 154
Chapter 154
Chapter 154
Chapter 154
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:
511 Scenic Canvas: A scenic canvas shall be a verforated 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 facinp- rwrtion of the canvas to match the existina surroundings and vep-etative
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 4 of 13
Distribution Scale (Distribution SES) shall be amended with the addition of the
following:
BB) Solar Energy ystem — Distribution Scale (Distribution SES).
Asa
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 -0 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, md 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 adiacent 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 5 of 13
vi. Best management practices for managin, 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
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 ofPublic Roads. The applicant must obtain all necessary approvals from the
appropriate road authority for site access and driveways.
Page 6 of 13
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 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. i (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_pgrmit can be issued and must be recorded against the property.
b. Pkpetatil,e Escrow. The City will require the posting of a braid 1014ff Of r- Plik A
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 ofTaxes. 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 7 of 13
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 $4-2 million in the aggregate or the maximum liability thresholds
set forth Minnesota Statutes. section 466.04, as amended, whichever isrg eatery,
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 mgy 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 o£
75 feet from all parcel boundaries -ate
ii. 350 feet from existing residential structures on adjacent parcels existing
at the time of the permit application. The City m kL-f
iii. Th—ta aeffir-e-st selap panel of the Distribution SES must be setb
599-800 feet from the centerline of minor arterial roadways
or 2-W 500 feet from the centerline of all other public road rights-of-
way.
iv. The structure setback requirements from the Ordinau High Water Level
QHWL for that District if located in the Shoreland Overlay District.
Page 8 of 13
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:
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_
ih and fre Reside Dwellings within five hundred feet (500') of any
component of the solar array.
iii. Public waterbodies as viewed from six 6 feet above the ordinga high
water level.
iv. The City may require greater screening as needed based on development
patterns within the City and the adopted Comprehensive Plan.
h. The visual screen must fully obscure1 view of the solar panels during leaf -
on and leaf -off conditions dtwing the summer ment .
i. The screening shall fullv obscure 100% view of the solar- Danels from an
ad'acent road right-of-wqyright-of-wayimmediately upon screen completion in accordance
with this section and shall be completed Rrior to the remainder of solar facilities
and anel installation. Effectiveness of screen shall be reviewed and a roved b
cily 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 thi-14y seventy(3 70) percent of the area of the vegetative buffer, as
measured in square feet, must be composed of e-,Fer-green coniferous plantings
Page 9 of 13
interspersed throughout the screemiqg. The rest of the vegetative buffer must be
composed of densely branched trees and shrubs, as approved by the Zoning
Administrator. A landscaping plan must be provided that shows screening
elements, including the species of any vegetation used for screening.
The required screening must be achieved within few 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 Pement Obscured Complexed
Ad'acent Road Ri ht-of-Wa
Dwellings within five hundred feet
500') of any, component of the
solar array.
Public waterbodies, as viewed
from six (fi) feet above th_ a ordinary
high water level.
Immediately upon screen
100 completlon, prior to the remainder
of solar facilities and oanel
installation
100 Within 6 growing seasons
l
100 Within 6 growing seasons
m. Anv fences or barriers installed for the oroiect must be mounted on wood hosts
and may not include any chain link, barbed or razor wire. The fence maw
exceed eight ($) feet in height from the ground, and must incorporate wildlife -
friendly design with a gip at the bottom for passage of birds and small animals.
The Citv 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.
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.
Page 10 of 13
iv. Scenic canvas shall be attached to fencing, and shall have a natural
vegetation or scenic views printed on theentireoutward facing portion of
the canvas to match the existing surroundings and vegetative screening of
the Distribution SES.
V. Canvases must be designed to accommodate wildlife movement.
vi. Prohihrtion.y. 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 anv 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-pfejeet building_ permit approval. if approved.
the City may allow agricultural pasture plantings under the array. If the
agdeulturat asture ceases, the ground area shall be plamed 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
Page 11 of 13
distance to a substation or other point of interconnection reasonably precludes
burial.
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 ofthe 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.
Pests,
friendly design w4h a gap at the bottom foF passage of birds and small anifnals.
s-h-te design is
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:
Page 12 of 13
luad
Kyle Mar 1 . City Administrator
Page 13 of 13