HomeMy WebLinkAbout2018.07.26 PC MinutesMinutes for the Planning Commission Meeting of Thursday, July 26, 2018
Chair Kleissler called the meeting to order at 7:01 p.m.
PRESENT: Arcand, Derr, Kleissler, Luchsinger.
ABSENT: Lessard, Tjernlund
STAFF: Rachel Juba, Community Development Director
Pierre Giguere, Community Development Intern
Approval of Minutes for the Planning Commission Meeting of June 28, 2018
Commissioner Arcand made a motion, seconded by Commissioner Derr, to approve minutes for the meeting of
June 28, 2018.
All Ayes. Motion carried.
Public hearing for FastSun 4, LLC. — Interim Use Permit Application for a Solar Farm
Juba introduced the application submitted by FastSun 4 for the proposed solar farm. The 30 acre parcel being
used for the solar farm is zoned Future Urban Service and is guided for Low Density Residential within Hugo's
2030 comprehensive plan. The parcel is relatively flat and contains approximately 16.3 acres of wetland. The
applicant has provided staff with a wetland delineation.
Juba describes the power output of the solar farm. The energy produced by the solar panels will provide power
for 165 houses within the city. Xcel Energy has proposed to purchase the power from the FastSun 4 solar farm.
Juba then proceeds to describe the City's general standards in terms of solar farms including the need for a
building permit, evidence of agreement with local utility, and labels on all solar energy components in
accordance with city code. Performance standards are also outlined. The minimum lot size for a solar farm is 10
acres within Long Term Agriculture (LA), Agricultural (AG), or Future Urban Service (FUS) zoning districts.
The solar panels shall not reach heights greater than 15 feet. The solar farm must also be enclosed by approved
perimeter fencing, and an adequate vegetative buffer or screening. The applicant has stated that there will be a
six-foot galvanized chain link fence installed around the perimeter of the solar farm to ensure security. The
applicant has provided staff with an updated landscaping plan that was not provided within the packets given to
Commission members. Juba describes the layout of the updated landscaping plan. Routine maintenance will
also be performed to ensure that the solar panels are operating at all times. The proposed solar farm will be
placed upon the site in accordance to a proposed 25 year contract with Xcel Energy. Once 25 years has passed,
the applicant will need to renew their contract as well as their building agreement with the city.
In terms of removal, the applicant is required to provide a cash escrow in the case in which the City must
remove the solar panels. The City would use the funds provided by FastSun 4 to remove the solar farm if
FastSun 4 was unable to remove the panels on its own. Juba also notes that the solar farm must keep within the
spirit and intent of the chapter. This includes the production of renewable energy within the City of Hugo while
avoiding impacts on the community at large. Juba states that the solar farm will meet the standards set by the
City in terms of solar farm installation and operation. The solar farm would also not impede the City's ability to
follow its 2030 Comprehensive Plan.
Juba mentions that staff has recommended the applicant use coniferous trees within the landscaping plan to
provide adequate screening. The applicant should also enter a maintenance agreement for the landscaping to
ensure that dead trees or other landscaping issues can be resolved quickly. The stormwater design must also
meet all City requirements and must be reviewed and approved by City staff.
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July 26, 2018
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Chair Kleissler allows the applicant to approach the podium at 7:25 pm.
Chuck Biesner of 601 Carlson Parkway, Minnetonka, Minnesota, approaches the podium.
Biesner sates that FastSun 4 has a lease on the entire parcel, not just the section containing the proposed solar
farm. He also states that the area being built upon contains the least amount of wetland within the parcel.
Biesner states that FastSun 4 agrees with all City regulations and is willing to work with the City.
Commissioner Arcand asks the applicant what could go wrong with the solar farm.
Biesner states that there are few moving parts and no flammable materials within the panels. They are designed
for high winds and are advanced enough for operators to determine the condition of each panel. There are very
few things that could go wrong with the panels.
Commissioner Arcand asks who is responsible for the damages caused by the solar panels.
Biesner states that FastSun 4 holds full responsibility for all potential solar panel damages and impacts. Biesner
also states that many people are concerned with how the solar farm will impact property values. Biesner
explains that the solar farm has no impact on surrounding property values according to studies performed by an
appraisal firm in Corcoran, Minnesota during a previous solar farm project. The solar panels will not produce
noise, smell or traffic. He states that if people want a neighbor, a solar farm would be the easiest neighbor to
have.
Chair Kleissler asks the applicant how panel height is determined
Biesner states that the panels are placed within the ground in a manner that allows them to be the proper
regulation height which is below 15 feet while still remaining secure with the ground.
Chair Kleissler asks the applicant if there is any form of gate at the entrance of the solar farm.
Biesner states that there is no plan to add a gate but this can be easily implemented.
Chair Kleissler opens the public hearing at 7:35pm.
James Gregoire of 16720 Henna Avenue approaches the podium. Gregoire proposes that a berm with staggered
trees should be placed around the entire solar farm to prevent nearby residents from being able to see the solar
panels. Gregoire is also concerned with wind blowing solar panels onto his property. Another concern stated by
Gregoire is the possibility of the site becoming a dumping area for unwanted junk. Gregoire is also concerned
that the panels will affect the flow of water and wants to know whether or not his property will be flooded. He
also requests to know how many panels are being installed and how deep the support poles will be placed into
the ground.
Gregoire then brings up the fact that a 25 year contract is too long. The land around them may develop and the
solar farm may block future development. He states that he is looking at the long term effects of the solar farm
instead of short term. He is also concerned that the solar panels will depreciate the value of his land in the
future. Gregoire states that he would like to see updates on the project. Another concern held by Gregoire is the
possibility of glare coming into his windows. He emphasizes the importance of a buffer to block the glare and
view of the panels.
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Dan Riopel of 16792 Henna Avenue N approaches the podium. His main concern is that the solar farm is not a
good fit for an area that is planned to be developed for housing in the future. He is also concerned with the 25
year contract and the fact that things may change over time. He would like screening around the solar farm and
was asking what the size of the buffer tress would be. He states that because the area is full of wetlands, access
to the property will be difficult. Activities taking place on the property could flood his own property. Proper
drainage of the property must be considered.
Katy Weyandt of 7250 165th Street N approaches the podium. She states that a solar farm is not a good fit in the
neighborhood. Residents do not want to be able to see the solar farm. She also states that there must be trees
around the entire development. She also brings up the fact that the owner of the proposed property is never
around so the solar farm will not affect them directly.
John Weyandt of 7250 165th Street N approaches the podium. His concern is that the temperatures on his
property will rise because of the solar panels. He is also concerned that the FastSun 4 company has not been
around long enough to possess the proper experience to property install and maintain a solar farm.
Bruce Sampson of 16675 Henna Avenue N approaches the podium. His concern is that the buffer will not be
big enough to block the view of the solar panels. He states that if he had known about the solar farm, he would
have reconsidered buying land within Hugo and moving to that location. He states that the solar panel is not
being placed in the right neighborhood and would encourage a large buffer around the solar farm.
Burns Ruddy of 7375 165th St N approaches the podium. He would like to know how the remaining property
will be maintained. He also wants to know if local people will be able to install the panels or if the installation
will be done by people not living within the area.
Meriel McClintock of 7260 165th St N approaches the podium. Her main concern is the wildlife. She is worried
that birds may collide with the solar panels.
Biesner approaches the podium. He states that a gate can be placed at the entrance to discourage dumping. He
also assures the Commission that the panels will be secured within the ground under the supervision of a state
certified structural engineer. The panels are made to remain secured. He also states that the glare will not be a
concern. The glare created by the panels is minimal. Permits will also be obtained to prevent flooding within the
surrounding area.
Biesner goes on to explain that the panels are made to absorb heat so they will not create an increase in
temperature within surrounding properties. There will be 4,000 panels installed on the site and support poles
will be inserted 8-15 feet into the ground depending on soil composition. There will be a maintenance
agreement between FastSun 4 and the landscaping company to ensure that dead trees are quickly replaced.
In terms of wildlife, Biesner states that FastSun 4 will plant native plants within the site to help bees and other
forms of wildlife. The panels will not harm birds.
Biesner then states that the remaining land will be left in its current state. He would like to see the remaining
land bailed by local farmers. It is unknown to Biesner whether or not local residents will be employed by the
company to install the panels.
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Commissioner Arcand asks the applicant the nature of the insurance plan that is intended to cover the solar farm
in the event of an accident.
Biesner states that the insurance will cover up to $10 million in damages.
Biesner approaches the podium. Biesner states that the panels will not impede further development.
Juba states that the water flow of the area can be determined to prevent other properties from encountering
floods. This can be done with the help of the City engineer. She also states that the applicant will need to
reapply for a permit after the 25 year contract has expired. She also states that the area will most likely not be
used for single family housing development in the near future.
Juba then states that the planning commission should review concerns about buffering and the nature of the
solar farm within the area. Juba then displays the contours of the parcel to show that the property is mostly flat.
Gregoire approaches the podium. He states that he could not find the website of the FastSun 4 company. He
would like to know who he would need to contact if his property sustained damages from the solar farms. He
also wants to know how the property will be taxed and whether or not the solar farm will interfere with the local
access to city sewer and water in the future. He then states that the land being used for the solar farm is not flat
and that this could create a wind issue.
Juba states that the land may be taxed differently due to the fact that the land is being used for a use other than
housing. Juba then highlights the fact that FastSun 4 will be paying their own way in terms of the development.
The City will not be providing any financial assistance to the FastSun 4 project.
Katy Weyandt approaches the podium. She asks if the company Biesner works for has any online information
about previous projects. She states that no one knows what the finished product will look like and that it should
be reviewed in greater detail before the City allows for the project to proceed.
Biesner approaches the podium. He states that the company, FastSun 4, has built at least 60 solar farms in
various states. FastSun 4 is also currently developing over 100 solar farms in multiple states. Biesner affirms
that contact information in relation to the company will be posted on the gate located on the property.
Commissioner Derr asks the applicant what will happen if FastSun 4 goes out of business and chooses to no
longer operate the solar farm.
Biesner approaches the podium. Biesner states that if something does happen to the company, the financial
insurance given to the City from FastSun 4 will be used to remove the solar farm.
Nathaniel Chapman of 7139 165th St N approaches the podium. His main question is if there is any
infrastructure for transmission lines. He also states that only a very small number of homes within the city will
benefit from the proposed solar garden. He agrees that a solar powered Hugo is a cool concept but is unsure
about the broad plan is in terms of renewable energy installments such as solar gardens.
Biesner approaches the podium. Biesner states that existing lines and poles will be used for the solar farm. They
are not adding any new infrastructure to the area.
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Gregoire approaches the podium. He states that most of the residents in the area are using Conexus instead of
Xcel energy. Therefore, residents would not be able to access the energy being produced by the panels even if
they wanted to. He further explains that very few homes would benefit from the installment of the solar farm.
Another concern he mentions is that FastSun 4 could start a new phase on the remaining property to add more
solar panels sometime in the future.
Chair Kleissler assures Gregoire that the applicant would need to acquire another interim use permit if they
wanted to add an expansion on the property.
McClintock approaches the podium. McClintock states that there could be dangerous materials within the solar
panels and that it could leak if the panels are cracked. She also states that this is important because many of the
residents in the area rely on underground wells for their water supply.
Biesner approaches the podium. Biesner states that there are no hazardous materials within the panels. They are
filled with a sand -like material that does not cause harm to the environment. Biesner also offers to provide the
City with a model sample of the internal construction of the solar panels being used for the solar farm.
Chair Kleissler closes the public hearing at 8:44 pm.
Juba states that the IUP can be approved for a period between 1 to 25 years and that the council has the ability
to shorten the 25 year contract. Juba also mentions that the commission could table the request.
Commissioner Arcand states that he would like to see some type of insurance policy on file with the City in
addition to the approval of the solar farm.
Juba states that she has compiled a list of concerns held by both the public and the commission in terms of the
solar farm development. These concerns include the design of the panels, possible hazardous waste, the
character of the area, site security, landscaping and screening, frequency of review, and stormwater
management design.
Arcand makes a motion to table, seconded by Derr.
Juba then recommends that the subject be tabled to a certain date. Juba suggests that the subject be tabled to the
next planning commission meeting taking place on August 9th.
Arcand amends his original motion to table.
Derr amends his original seconding to table.
Arcand motions to table subject until the next meeting. Motion seconded by Derr. All ayes.
Motion is carried.
Chair Kleissler calls for a recess at 8:55 pm.
MWF Properties — Frenchman Lofts Apartment Project Sketch Plan
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Giguere describes the sketch plan submitted by MWF Properties. The applicant would like to receive informal
comments about the sketch plan prior to formal approval. The applicant is proposing a three story, multifamily
apartment complex within an 18 acre parcel. Giguere explains that although the applicant has stated that 4.5
acres of the site is buildable, the site contains wetland and will require a wetland delineation to determine the
site's wetland boundaries. The apartment complex is in compliance with the city's 2030 comprehensive plan in
terms of providing affordable housing options for residents.
Giguere goes on to state that although the elevations provided by the applicant show some architectural details
in terms of building design, staff has recommended that the applicant add additional elements to the building.
These additional elements include larger overhangs, a wainscot, a larger break-up of building and roof
elevations, as well as window shutters.
Ryan Shwickert approaches the podium. Shwickert states that the applicant is willing to cooperate with the City
in terms of the site plan and building design. Shwickert explains that the applicant focuses on section the 42 tax
credit program. Shwickert assures the council that the applicant keeps its developments well maintained.
Commissioner Arcand asks why the development only has 45 units.
Shwickert responds by stating that more units would make this particular project more risky because the
demand for affordable housing within the Hugo area is largely unknown.
Commissioner Luchsinger states the importance of having a development that fits in well with the surrounding
environment and that the design of the building is the aspect that is still in question.
Because the applicant relies on tax funds, the design of the building is budgeted in a manner that may not allow
extensive architectural design. However, the applicant is willing to add additional designs to the building
elevations to make it more aesthetically pleasing. Shwickert suggest that the best way to ensure that the building
possesses pleasing architecture while remaining within budget would be to add more detail to the most visible
side of the building and less detail on the less visible, back side of the building.
Shwickert goes on to explain that window shutters are not as modern as other designs. The engineers who
designed the building feel as though window shutters are not necessary.
Arcand explains that if there is another way the building could be "dressed up", the commission would be
willing to make compromises.
Shwickert states that screening mechanical equipment will not be a major concern due to the fact that most of
the mechanical equipment will be installed within the building itself.
Chair Kleissler states that she is unsure about the dimensions of the building. She would like to know the
measurements of the outcrops and breaking shown on the exterior elevations.
Shwickert states that he is not sure what the depth is of the elevations but he and the applicant will work on that
aspect.
Juba addresses Chair Kleissler by stating that when the applicant submits a site plan and applies for a
conditional use permit, measurements and a variety of viewing angles showing the depth of the building design
will be included within the new elevations. The details do not yet exist within the sketch plan.
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Chair Kleissler also states that the curvature of the underground parking ramp may be an issue.
Shwickert assures the commission that the applicant follows standard design procedures and parking has not
been an issue in previous developments.
Commissioner Derr states that he likes the developments proximity to the Festival Foods grocery store.
Juba mentions that staff has not reviewed the site plan in terms of a PUD. Additional information would need to
be reviewed if the applicant needed to apply for a PUD. This would occur if the wetland delineation determined
that there was less buildable acreage on the site than previously reported.
Hopkins Schoolhouse Subcommittee
Juba adds the appointment of a commissioner to the Hopkins Schoolhouse Committee to the agenda. Juba
explains that a subcommittee is needed in order to determine the future of the building. The building is eligible
to be placed upon the national registry for historical buildings. Juba also describes the building's need for a new
roof. Juba asks if any commission members would be interested in joining the subcommittee. Those who
volunteer will be elected by the planning commission to join the Hopkins Schoolhouse Subcommittee.
Derr volunteers to be placed on the Subcommittee.
Commissioner Arcand makes a motion to appoint Derr, seconded by Commissioner Luchsinger.
All ayes. Motion carried.
Juba also announces the commissioner interviews with recently took place for all available openings.
Adjournment
Commissioner Arcand made a motion, Commissioner Luchsinger seconded, to adjourn at 9:48 pm.
All Ayes. Motion carried.
Respectfully Submitted,
Pierre Giguere