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HomeMy WebLinkAbout#21 - Solar Farm Text Amendment1 STAFF REPORT DATE: 11/8/2023 REGULAR Motion TO: City Council FROM: Sophia Jensen, City Planner AGENDA ITEM: Solar Farm Ordinance 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. Staff compiled a review of the City’s current solar farm regulations in comparison to surrounding cities (Hugo, Scandia, and Cottage Grove) for discussion at the September 12th 2023 workshop. During the discussion it was the City Council’s consensus that a modified version of Hugo’s setbacks and Scandia’s screening requirements were preferred amendments to Lake Elmo’s current solar farm performance standards. Staff complied a proposed text amendment based on the Council Workshop feedback and presented the language at the October 11th Planning Commission meeting. The commission voted to recommend approval of the solar farm text amendment as proposed by City Staff with an amendment to strike the proposed screening language in section 4 (Vote 6-0). The Commission felt the additional screening requirements were excessively strict. They also felt that 6 growing seasons was in conflict with current screening requirements. The Commission agreed the landscape requirements amended earlier this year in section 105.12.480 would provide sufficient screening. ISSUE BEFORE THE CITY COUNCIL: The City Council is being asked to make a determination on the proposed text amendment to the Solar Farm performance standards. PROPOSAL DETAILS/ANALYSIS: The language proposed by staff is shown below. Added language is shown as underlined text. Deleted language is shown with a strikethrough. The Planning Commission recommended striking section 4 related to screening. 105.12.620 Permitted, Conditional, And Interim Uses Table 9-1 lists all permitted, conditional, and interim uses allowed in the rural districts. "P" indicates a permitted use, "C" a conditional use, and "I" an interim use. Uses not so indicated shall be considered prohibited. Cross-references listed in the table under "Standard" indicate the location within this section of specific development standards that apply to the listed use. Combinations of uses. Principal and accessory uses may be combined on a single parcel. 2 Table 9-1: Permitted, Conditional, and Interim Uses, Rural Districts RT A RR RS RE Standard 105.12.1470 Solar Farms 1. Conditional or interim use permit. A conditional or interim use permit subject to the zoning district in which the proposed solar farm is to be located. 2. Minimum lot size. Setbacks, and screening requirements. Solar farms are limited to properties at least ten acres in size. Solar farms must maintain a setback of at least 50 feet from adjacent properties and be screened and fenced as determined by the city from adjacent residential properties. 3. Setbacks. Solar equipment shall be at least 150 feet away from all property lines and public road rights-of-way measured from the exterior edges of the solar equipment. 4. Screening Requirements. The following screening requirements apply in addition to landscaping requirements outlined in 105.12.480 to mitigate potential negative impacts of solar farms from adjacent land uses: a. A permeant vegetative screening buffer shall be designed to have a horizontal depth of at least twenty (20) feet and a minimum height of six (6) feet. b. Screening requirements of the solar farm from any adjacent public road right-of-way shall be met at the time of planting. c. Screening requirements of the solar farm from adjacent residential dwellings and public waterbodies as viewed from 6’ above the Ordinary High Water Level shall be met within six(6) growing seasons d. If screening requirements are not met, and landscaping is not established, within six (6) growing seasons, screening must be implemented through the planting of mature vegetation. 5. Stormwater and NPDES. Solar farms are subject to the cities and watershed district's stormwater management and erosion and sediment control provisions and NPDES permit requirements. 6. Foundations. A qualified engineer shall certify that the foundation and design of the solar panels, racking and support is within accepted professional standards, given local soil and climate conditions. PUBLIC COMMENT: A public hearing was published in the City’s official newspaper on September 29th 2023. No public comment was received. FISCAL IMPACT: None. OPTIONS: • Approve the proposed text amendments as presented by City Staff; • Approve the proposed text amendments as recommended by Planning Commission; • Amend the proposed text amendments; Solar farm I C C - - LEC 105.12.1440 1470 3 • Deny the proposed amendments. RECCOMENDATION: Staff recommends the City Council recommend approval of the proposed text amendment as presented by Staff” “Move to adopt Ordinance 2023-20 amending Section 105.12.620 Table 9-1 and Section 105.12.1470 Solar Farms as presented by City Staff” OR “Move to adopt Ordinance 2023-20 amending Section 9-1 and Section 105.12.1470 Solar Farms as amended by the Planning Commission” AND “Move to adopt summary of publication of Ordinance 2023-20 with approval of Resolution 2023-105” ATTACHMENTS: • Existing Solar Farm Language • City Solar Farm Comparison Chart • Ordinance 2023-20 Option A – Staff Recommendation • Ordinance 2023-20 Option B – Planning Commission Recommendation • Resolution 2023-105 Staff Recommendation Option CITY OF LAKE ELMO COUNTY OF WASHINGTON STATE OF MINNESOTA ORDINANCE NO. 2023-20 AN ORDINANCE AMENDING THE LAKE ELMO CITY CODE BY AMENDING THE SOLAR FARM PERFORMANCE STANDARDS SECTION 1. The City Council of the City of Lake Elmo hereby amends Title 105 Zoning; Chapter 105.12: Zoning Code, Section 620 Table 9-1 is hereby amended by changing the following section (Proposed language is underlined, deleted language is shown with strikethrough): 105.12.620 Permitted, Conditional, and Interim Uses Table 9-1 lists all permitted, conditional, and interim uses allowed in the rural districts. "P" indicates a permitted use, "C" a conditional use, and "I" an interim use. Uses not so indicated shall be considered prohibited. Cross-references listed in the table under "Standard" indicate the location within this section of specific development standards that apply to the listed use. Combinations of uses. Principal and accessory uses may be combined on a single parcel. Table 9-1: Permitted, Conditional, and Interim Uses, Rural Districts RT A RR RS RE Standard SECTION 2. Title 105 Zoning; Chapter 105.12: Zoning Code, Section 1470 Solar Farms is hereby amended by changing the following section (Proposed language is underlined, deleted language is shown with strikethrough): 105.12.1470 Solar Farms 1. Conditional or interim use permit. A conditional or interim use permit subject to the zoning district in which the proposed solar farm is to be located. 2. Minimum lot size. Setbacks, and screening requirements. Solar farms are limited to properties at least ten acres in size. Solar farms must maintain a setback of at least 50 feet from adjacent properties and be screened and fenced as determined by the city from adjacent residential properties. 3. Setbacks. Solar equipment shall be at least 150 feet away from all property lines and public road rights-of-way measured from the exterior edges of the solar equipment. 4. Screening Requirements. The following screening requirements apply in addition to landscaping requirements outlined in 105.12.480 to mitigate potential negative impacts of solar farms from adjacent land uses: a. A permeant vegetative screening buffer shall be designed to have a horizontal depth of at least twenty (20) feet and a minimum height of six (6) feet. Solar farm I C C - - LEC 105.12.1440 1470 b. Screening requirements of the solar farm from any adjacent public road right-of-way shall be met at the time of planting. c. Screening requirements of the solar farm from adjacent residential dwellings and public waterbodies as viewed from 6’ above the Ordinary High Water Level shall be met within six(6) growing seasons d. If screening requirements are not met, and landscaping is not established, within six (6) growing seasons, screening must be implemented through the planting of mature vegetation. 5. Stormwater and NPDES. Solar farms are subject to the cities and watershed district's stormwater management and erosion and sediment control provisions and NPDES permit requirements. 6. Foundations. A qualified engineer shall certify that the foundation and design of the solar panels, racking and support is within accepted professional standards, given local soil and climate conditions. SECTION 3. Effective Date. This ordinance shall become effective immediately upon adoption and publication in the official newspaper of the City of Lake Elmo. SECTION 4. Adoption Date. This Ordinance 2023-20 was adopted on this ______day of _______, 2023, by a vote of __ Ayes and ___Nays. LAKE ELMO CITY COUNCIL _________________________________ Charles Cadenhead, Mayor ATTEST: ______________________________ Julie Johnson, City Clerk This Ordinance 2023-20 was published on the ____ day of ___________________, 2023. PC Recommendation Option CITY OF LAKE ELMO COUNTY OF WASHINGTON STATE OF MINNESOTA ORDINANCE NO. 2023-20 AN ORDINANCE AMENDING THE LAKE ELMO CITY CODE BY AMENDING THE SOLAR FARM PERFORMANCE STANDARDS SECTION 1. The City Council of the City of Lake Elmo hereby amends Title 105 Zoning; Chapter 105.12: Zoning Code, Section 620 Table 9-1 is hereby amended by changing the following section (Proposed language is underlined, deleted language is shown with strikethrough): 105.12.620 Permitted, Conditional, and Interim Uses Table 9-1 lists all permitted, conditional, and interim uses allowed in the rural districts. "P" indicates a permitted use, "C" a conditional use, and "I" an interim use. Uses not so indicated shall be considered prohibited. Cross-references listed in the table under "Standard" indicate the location within this section of specific development standards that apply to the listed use. Combinations of uses. Principal and accessory uses may be combined on a single parcel. Table 9-1: Permitted, Conditional, and Interim Uses, Rural Districts RT A RR RS RE Standard SECTION 2. Title 105 Zoning; Chapter 105.12: Zoning Code, Section 1470 Solar Farms is hereby amended by changing the following section (Proposed language is underlined, deleted language is shown with strikethrough): 105.12.1470 Solar Farms 1. Conditional or interim use permit. A conditional or interim use permit subject to the zoning district in which the proposed solar farm is to be located. 2. Minimum lot size. Setbacks, and screening requirements. Solar farms are limited to properties at least ten acres in size. Solar farms must maintain a setback of at least 50 feet from adjacent properties and be screened and fenced as determined by the city from adjacent residential properties. 3. Setbacks. Solar equipment shall be at least 150 feet away from all property lines and public road rights-of-way measured from the exterior edges of the solar equipment. 4.Stormwater and NPDES. Solar farms are subject to the cities and watershed district's stormwater management and erosion and sediment control provisions and NPDES permit requirements. 5. Foundations. A qualified engineer shall certify that the foundation and design of the solar panels, racking and support is within accepted professional standards, given local soil and climate conditions. Solar farm I C C - - LEC 105.12.1440 1470 SECTION 3. Effective Date. This ordinance shall become effective immediately upon adoption and publication in the official newspaper of the City of Lake Elmo. SECTION 4. Adoption Date. This Ordinance 2023-20 was adopted on this ______day of _______, 2023, by a vote of __ Ayes and ___Nays. LAKE ELMO CITY COUNCIL _________________________________ Charles Cadenhead, Mayor ATTEST: ______________________________ Julie Johnson, City Clerk This Ordinance 2023-20 was published on the ____ day of ___________________, 2023. CITY OF LAKE ELMO COUNTY OF WASHINGTON STATE OF MINNESOTA RESOLUTION NO. 2023-105 RESOLUTION AUTHORIZING PUBLICATION OF A SUMMARY OF ORDINANCE 2023-20 WHEREAS, the Lake Elmo City Council has adopted Ordinance No. 2023-20, an ordinance that amends Title 105 Zoning; Chapter 105.12: Zoning Code, Section 620 Table 9-1 and Title 105 Zoning; Chapter 105.12: Zoning Code, Section 1470 Solar Farms WHEREAS, the ordinance is lengthy; and WHEREAS, Minnesota Statutes, section 412.191, subd. 4, allows publication by title and summary in the case of lengthy ordinances or those containing charts or maps; and WHEREAS, the City Council believes that the following summary would clearly inform the public of the intent and effect of the ordinance. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Elmo that the City Clerk shall cause the following summary of Ordinance No. 2023-20 to be published in the official newspaper in lieu of the entire ordinance: Public Notice The City Council of the City of Lake Elmo has adopted Ordinance No. 2023-20, an ordinance that amends the City Code language in the Zoning Ordinance. This ordinance alters language in the City Code to update the village design review fee reference. The following is a summary of the adopted ordinance language: Ordinance 2023-20 amends Title 105 Zoning; Chapter 105.12: Zoning Code, Section 620 Table 9-1 and Title 105 Zoning; Chapter 105.12: Zoning Code, Section 1470 Solar Farms to correct an incorrect reference and amend performance standards for solar farms. The full text of Ordinance 2023-20 is available for inspection at Lake Elmo City Offices during regular business hours. BE IT FURTHER RESOLVED by the City Council of the City of Lake Elmo that the City Administrator keep a copy of the ordinance at City Hall for public inspection and that a full copy of the ordinance be placed in a public location within the City. Dated: November 8th 2023 ___________________________________ Charles Cadenhead, Mayor ATTEST: ____________________________________ Julie Johnson, City Clerk (SEAL)