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HomeMy WebLinkAbout2018.08.23 PC MinutesMinutes for the Planning Commission Meeting of Thursdav, August 23, 2018 Chair Kleissler called the meeting to order at 7:04 p.m. PRESENT: Arcand, Derr, Kleissler, Luchsinger, Tjernlund ABSENT: Fry, Lessard STAFF: Rachel Juba, Community Development Director Pierre Giguere, Community Development Intern Approval of Minutes for the Planning Commission Meeting of August 9, 2018 Commissioner Arcand made a motion, seconded by Commissioner Derr, to approve minutes for the meeting of August 9, 2018. All Ayes. Motion carried. FastSun 4, LLC. — Interim Use Permit (IUP) Application for a Solar Farm Juba reviewed the tabling of the FastSun 4 LLC Solar Farm IUP application. Juba states that the application was tabled by the Planning Commission at their July, 26, 2018 meeting. The applicant did not provide the information requested by the Planning Commission in time for staff to review the application. Staff recommended that the application be tabled again until the Planning Commission meeting of Thursday, August 23, 2018. Juba reintroduced the FastSun 4 IUP 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 solar farm complies with the uses listed under future urban service. Juba then addressed the concerns voiced at the public hearing held at the Planning Commission meeting of July 26, 2018. The listed concerns include the durability of the panels and their ability to withstand strong winds, harm to wildlife, possibly hazardous materials within the panels, loss of property value, the possibility of the property becoming a dumping ground, maintenance of the remaining section of the property and the opinion that the solar farm does not fit in well with the surrounding neighborhood. Juba went on to mention that the concerns listed at the previous meeting will be addressed by staff as well as the applicant. With that being said, Juba stated that the applicant has submitted an updated site plan for the proposed solar farm and that the newly submitted site plan is still in compliance with the standards for solar farms as well as criteria of approval. The applicant has provided staff with the information that has been requested. Juba recommended that the landscaping surrounding the solar farm shall consist of a staggered double row of coniferous trees. Juba also recommended the approval of the solar farm. Chair Kleissler invites the applicant to the podium to provide any additional information. Chuck Biesner of 601 Carlson Parkway, Minnetonka, Minnesota, approached the podium. Biesner stated that he will answer the questions asked by both the public and the Commission. Chair Kleissler re -opened the public hearing at 7:23 p.m. Meriel McClintock of 7260 165th St N approached the podium. McClintock stated that the solar farm will be placed 50 feet from her property and refers to the fact that the proposed structure will be too close to her property. McClintock's main concern was the possible contaminants that may be found within the solar panels. She stated that if the solar panels are damaged, potentially toxic contaminants could leak from the solar panels and pollute the surrounding environment as well as contaminate nearby drinking water. McClintock provided the Commission and Staff with hard -copy documents which describe the harmful effects of the toxic contaminants that may be found within the solar panels. McClintock also defined the difference between a solar garden, a solar farm, and a solar plant. McClintock presented images that she had taken of the solar panel installment located in Corcoran, Minnesota. McClintock also presented an image of her property and identified the areas that will be covered by the solar farm. Lastly, McClintock stated that the possible contamination of nearby drinking water is a serious issue that should be taken into consideration. Katy Weyandt of 7250 165th Street N approached the podium. Weyandt's main concern was that the proposed solar farm does not fit in with the character of the surrounding community. Weyandt went on to explain that the neighborhood in which the solar farm is being proposed is a tightly knit community which spends a considerable amount of time together hosting events such as a 9/11 memorial parade and barbeques. Weyandt explained that the land being used for the solar farm is land that is used by children and adults living within the area and that the solar farm will eliminate nearby residents' ability to utilize the land. The solar farm may also be hazardous to children. Weyandt, with assistance from McClintock, presented boards depicting images of the land and surrounding area being used by residents within the neighborhood. Weyandt then explained that solar farms placed in other areas within Minnesota, including the one located in the City of Corcoran, are not located near the properties of residents. Weyandt mentioned that many of the residents within the area moved to their present location because they wanted to enjoy country lifestyle and do not want to see developments unfit for the area, including a solar farm. Lastly, Weyandt voiced concerns of the financial stability of the owner of Sunrise Energy Ventures, which oversees FastSun 4, LLC. Therese Rudy of 7375 165th Street N approached the podium. Rudy's main concern was the reflection produced by the panels and states that a large buffer will be required in order for the solar farm to not be visible to nearby residents and that the proposed trees being used as a buffer will not be tall enough to obstruct the view of the solar farm. Rudy also voiced concerns regarding electromagnetic interference created by the solar panels and the affect it will have on nearby technology. Rudy also stated that the solar farm will produce some noise and that if electrical poles are installed near the solar farm, there is an increased risk of a lightning strike within the area. Rudy then mentioned that solar panels kill thousands of birds as well as the fact that the solar farm will decrease surrounding property values. James Gregoire of 16720 Henna Avenue approached the podium. Gregoire stated that he has not yet seen a schematic plan he had requested pertaining to the proposed solar farm. Gregoire also suggested that the tree line be located closer to the solar farm in order to create a more affective buffer. Gregoire also requested a design form pertaining to the panels as well as the height of the trees being used to provide a buffer around the solar farm. Bruce Sampson of 16675 Henna Avenue N approached the podium. Sampson stated that although the applicant has provided staff with all of the required information and documentation needed for the solar farm, the project does not fit within the community and should be placed in a different area. Sampson also stated that the project is not a solar farm, but a solar plant. John Weyandt of 7250 165th Street N approached the podium. Weyandt's main concern was the wind ratings of the solar panels. Weyandt presented the Fujita scale which is used to categorize the wind speeds of tornadoes. Weyandt explained that most tornadoes including the one that previously hit Hugo, produce winds which exceed speeds of 90 MPH. Weyandt stated that the current wind ratings for the proposed solar panels are not high enough to withstand the winds produced by a tornado. Weyandt would also like to know who to call if a solar panel strikes an animal and how to receive financial compensation for such an incident. Bruce Discher of 6364 165th Street N approached the podium. Discher acknowledged the closeness of the community and suggests that the solar farm be placed on vacant land along Highway 61. Beverly Walton of 16740 Henna Avenue N approached the podium. Walton stated that she has lived in the area for about 4 years. Walton stated that although the trees may provide a sufficient buffer once they have matured, this will take at least 20 years. Walton mentioned that because of her current age, she will not be able to witness substantial growth of the trees which are being used as a buffer. Wilfrid Riopel of 8089 165th Street N approached the podium. Riopel stated that the solar farm is being proposed in an area containing wetlands and that this fact concerns many of the nearby residents. Riopel went on to explain that the runoff and project access point will need to cross a water flowage and something should be done to prevent flooding within the surrounding area. Riopel also stated that the entrance to the site should be properly engineered. Burns Rudy of 7375 165th St N approached the podium. Rudy stated that the proposed area is known for having high winds and property damage from severe weather. Rudy also requested to know how the remaining property will be maintained. Juba introduced a response for the concerns listed by the residents. Juba stated that an Environmental Impact Statement is not required with the installation of a solar farm. Juba also stated that stormwater management within the area will be addressed and that stormwater management is required by the City with the acquisition of a building permit. Juba then explained that the solar farm does not require a Hazardous Waste Generators License. Other developments such as commercial developments or home occupations may be required to possess this license but it does not apply to solar farms. Juba then identified the fact that there may be some confusion in terms of zoning and land use within the area. The parcel being proposed is zoned as Future Urban Service which is an agricultural type zoning district. This zoning district allows the installation of a solar farm with the acquisition of an IUP. Juba then explained that land use applies to the use of the land once City water and sewer municipalities are installed to service the area in question. In regards to the landscaping, Juba mentioned that the Commission could review and adjust requirements for the landscaping within the area. Juba noted that wetland specialists do not recommend disturbing the wetlands by placing landscaping within the wetlands and that the landscaping should be placed on the upland portions of the property. Juba identified that the buffer trees will be 6-8 feet in height and that the height meets City requirements. The Commission could also discuss the instalment of a berm which would surround the solar farm. The site entrance would also be properly engineered and gated with the use of best management practices in terms of site drainage. Juba deferred any remaining question to the applicant. Biesner approached the podium. Biesner claimed that the panels are built from two pieces of glass containing photo crystalline silicon which is essentially made up of sand and high-grade plastic. Biesner then provided a document which stated that the material is not classified as hazardous or harmful to people or the environment. Biesner then noted that the panels can withstand wind speeds per building code requirements. In addition, Biesner read a statement made following Hurricane Sandy in 2012 and Hurricane Matthew in 2016. The statement stated that large-scale solar farms located within New York and New Jersey sustained only minor damages as a result of the winds produced by the two hurricanes listed. The solar panels will be built to the minimum of City and State standards in terms of wind ratings. Biesner then stated that the property owner has the right to use their property as long as the use meets City regulations. He also stated that in terms of proposing the solar farm, all City requirements have been met. The parcel consists of 30 acres and only 5 acres are being used. Furthermore, the buffer was never meant to provide a barrier that is completely affective. Some sections of the solar farm may still be visible. Commissioner Derr brought up a question regarding electromagnetic interference and whether or not the solar farm will interfere with nearby technology. Biesner responds by stating that the Minneapolis Airport has solar panels placed on their garage roof and there have been no reported issues in terms of electromagnetic interference. Biesner then addressed the public's concern with the installment of additional electrical poles within the proposed property. There will be three electrical poles installed near the accesses road. Biesner then explains how the poles will be installed. Chair Kleissler asked Biesner if it is possible to place a double row of trees on the western side of the property, which is lacking in sufficient tree cover. Biesner stated that placing a double row of trees is not feasible because it would cause the landscaping to encroach on existing wetlands. Chair Kleissler asked Biesner if it would be possible to reduce the size of the solar farm in order to provide a buffer on the western side of the property. Biesner agreed that this would be possible. Commissioner Luchsinger asked Biesner if the instalment of a berm would be possible on the property. Biesner stated that a berm could be installed but also mentions the fact that berms have been known to negatively affect drainage flow within the built area. Juba requested that Biesner provide the information regarding the voltage within the property. Biesner stated that the voltage coming onto the property is no different from the voltage already circulating the City. The voltage would be the same as the transformer boxes on the streets. The converters will be secured within a locked box. Commissioner Luchsinger then brought up the concern about property resale value within the area, which is listed as a concern held by the public. Commissioner Luchsinger asked Biesner if any past projects have affected the resale value of surrounding properties. Biesner explained that there was a study performed by the City of Corcoran to determine if the solar farm located within that City had any effect on surrounding property values. The City hired a third party appraiser to perform the study. The study concluded that the solar farm did not affect surrounding property values, neither positive nor negative. Chair Kleissler mentioned the concern about how the remaining property will be managed. Biesner stated that the company is responsible for the maintenance of the parcel. He noted that portions of the parcel will be used to plant native plant species that would attract bees, butterflies, and other forms of wildlife. The other portions would be cleared through haying at least once or twice per year. Chair Kleissler closed the public hearing at 8:21 p.m. Commissioner Tjernlund explained his view in regards to the overall concept, purpose, and use of the solar farm. Commissioner Tjernlund stated that although property owners do have rights to their properties, certain uses require Conditional Use Permits (CUP's), IUP's and other forms of property use permits. Commissioner Tjernlund acknowledged that the solar farm meets almost all criteria required for the installation and use of a solar farm on the proposed parcel. However, the one piece of criteria that Tjernlund believed has not been met is the solar farm's compatibility to the character of the surrounding area. The solar farm does not fit in with the surrounding area. Therefore, he will not be in favor of the proposed solar farm. Commissioner Arcand stated that he does not agree with the statement made by Commissioner Tjernlund. Commissioner Arcand explained that the solar farm meets City criteria and the land owner has the right to use the property as they wish as long as the use meets City criteria. Commissioner Arcand also believed the screening was adequate and that residents "don't own the view" when purchasing property. Furthermore, City ordinance specifically clarifies the district in which the parcel is zoned allows the use of solar farms and that if this use cannot be accepted, City ordinance should be changed to prohibit this particular use. Therefore, he will be in favor of the proposed solar farm. Commissioner Derr stated that the applicant has made many accommodations to meet the City's standards in terms of solar farm installation and use. Commissioner Derr explained that technology evolves and there may not be a need for solar panels in the next 25 years and states that solar energy is a good idea. Commissioner Derr also explained that there are few areas that would be more suitable for the solar farm. Therefore, he will be in favor of the proposed solar farm. Commissioner Luchsinger also agreed that the solar farm meets City criteria and should be installed. Commissioner Luchsinger believed that the solar farm is compatible with the surrounding area as well as the fact that the applicant is willing to implement adequate buffering. Therefore, she will be in favor of the proposed solar farm. Commissioner Luchsinger went on to state that there are other uses allowed in the zoning district that may be larger and have more of an impact on the neighboring properties. Chair Kleissler stated that she agrees with parts of the opinions stated on both sides and acknowledged the efforts made by both the applicant and the public. However, Chair Kleissler stated that the fundamental question is whether or not the use is compatible with the surrounding area. Because the area is located within a community and is surrounded by residential properties within clear sight of the proposed solar farm, Chair Kleissler believed that the solar farm is not compatible with the nature of the surrounding area. Therefore, she will not be in favor of the proposed solar farm. Chair Kleissler also addressed the public's concern with liability if any damages are caused by the solar farm. Juba stated that City ordinance requires the applicant to provide a decommissioning plan which would provide funds which would be used to dispose of the solar farm if the company itself is not financially able to do so. The applicant is required to provide these funds prior to the construction of the solar farm. Chair Kleissler requested a rollcall vote regarding the approval of the installment of the FastSun 4 solar farm. Commissioner Arcand, Commissioner Derr, and Commissioner Luchsinger voted in favor of approving the FastSun 4 solar farm. Commissioner Tjernlund and Chair Kleissler voted against the approval of the FastSun 4 solar farm. The motion is carried to approve the FastSun 4 solar farm with a vote of 3-2. Appointment of New Planning Commission Member, David Fry. Juba introduced the recent action of appointing David Fry to the Hugo Planning Commission. David Fry will be starting as a member of the Planning Commission at the Planning Commission meeting on Thursday, September 13, 2018. Planning Commission Workshop Discussing the Revision of Planning Commission Ordinance Juba mentioned the workshop being held within the City conference room on Monday, September 13, 2018, at 6 p.m. and requested a consensus from the Planning Commission in regards to the established date, time, and location of the workshop. The workshop will discuss the revision of the Planning Commission ordinance to include the use of alternate Commission members. Juba explained that the City Council would appoint an alternate Commission member and the alternate member would fill the seat of absent members. The alternate member would also sit at the Dias and vote in the absence of a member and is encouraged to attend all Planning Commission meetings to remain well informed as well as prepared to fill the seat of an absent member. The Planning Commission agreed that the workshop is a good idea and confirmed the set location, time and date. Adiournment Commissioner Derr made a motion, Commissioner Tjernlund seconded, to adjourn at 8:39 p.m. All Ayes. Motion carried. Respectfully Submitted, Pierre Giguere