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HomeMy WebLinkAbout2023.02.06 ORD 2023-522 Solar Farm Moratorium CITY OF HUGO COUNTY OF WASHINGTON ORDINANCE NO.2023-522 AN INTERIM ORDINANCE PLACING A TEMPORARY MORATORIUM ON NEW DEVELOPMENT OF SOLAR FARM SOLAR ENERGY SYSTEMS AND DIRECTING A STUDY TO BE CONDUCTED NOW,THEREFORE,the City Council of the City of Hugo does ordain: SECTION 1. BACKGROUND. WHEREAS, the City Council adopted an Ordinance 2016-475 SOLAR ENERGY SYSTEMS on January 4, 2016; WHEREAS, the Planning Commission and City Council have adopted goals for 2023 to review and study the Solar Energy Systems ordinance in regards to Solar Farms to ensure the ordinance adequately addresses the public health, safety and general welfare of the community; WHEREAS,the City has determined that a study shall be conducted to review the ordinance to determine whether to revise or add any regulation or restrictions, including siting and location of use,performance standards, and screening of Solar Farms. WHEREAS,the City has determined that the section of the ordinance regarding Accessory Solar Energy Systems adequately addresses the public health, safety, and general welfare of the community, and are exempt from the moratorium. Such systems are for accessory use and predominantly serve on-site users. WHEREAS, to provide adequate time for study, analysis, and the finalization of City Code amendments regarding Solar Farms or to preserve the status quo within the City,the City desires to enact an interim ordinance on the applications for and the issuance of permits for Solar Farms. WHEREAS,pursuant to Minn. Stat. § 462.355, subd. 4, the City is authorized to enact by ordinance a moratorium to regulate,restrict or prohibit any use within the jurisdiction to protect the public health, safety, and welfare. Specifically, the City is authorized to enact a moratorium ordinance to allow it to undertake a study to determine whether to revise or add any regulations or restrictions, including siting and location of use, performance standards, and screening of Solar Farms. SECTION 2. FINDINGS. 1. The City Council finds there is a need to study the Solar Farm section of the ordinance to determine whether to revise or add any regulations or restrictions, Ordinance 2023-522 Page 2 of 3 including siting and location of use,performance standards, and screening of Solar Farms.This ordinance does not have an effect of imposing limitations or restrictions to the application of Accessory Solar Energy Systems. 2. The study will address issues including, but not limited to the following: 1) The particular districts and locations such use shall be allowed; 2) The concentration and density of such uses in the City; 3) Performance standards for such uses in the City; and; 3) The effects of such uses on other uses and the surrounding area. 3. The study will allow the City Council to determine the appropriate changes,if any, that it should make to City ordinances. 4. The City Council, therefore, finds that there is a need to adopt a City-wide moratorium of the applications for and the issuance of permits for Solar Farms. SECTION 3. MORATORIUM. 1. No individual, establishment, organization, or business may apply for applications for approval or the issuance of permits for Solar Farms for six(6) months from the effective date of this ordinance. 2. No application or permit of any kind, by any individual, establishment, organization, or businesses involved in Solar Farms within the City of Hugo shall be accepted, considered,or issued for six(6)months from the effective date of this ordinance. 3. Planning or zoning applications related to Solar Farms or applications from individuals, establishments, organizations, or businesses involved in Solar Farms within the City of Hugo shall not be accepted, considered, or issued for six (6) months from the effective date of this ordinance. SECTION 4. STUDY. The City Council directs City staff to study the Solar Farm section of the ordinance to determine whether to revise or add any regulations or restrictions, including siting and location of use, performance standards, and screening of Solar Farms. Upon completion of the study, the City Council, together with such commission as the City Council deems appropriate, or as may be required by law, will consider the advisability of adopting new ordinances or amending its current ordinances. SECTION 5. ENFORCEMENT. The City may enforce this Ordinance by mandamus, injunctive relief, or other appropriate civil remedy in any court of competent jurisdiction. The City Council hereby authorizes the City Administrator, in consultation with the City Attorney, to initiate any legal action deemed necessary to secure compliance with this Ordinance. A violation of this Ordinance is also subject to the City's general penalty in City Code § Sec. 1 - 18 subd. (b). SECTION 6.TERM.Unless earlier rescinded by the City Council,the moratorium established [Type here] Ordinance 2023-522 Page 3 of 3 under this Ordinance shall remain in effect until six(6)months from its effective date,at which point, it will automatically expire. SECTION 7. EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its passage by the City Council. This ordinance is effective upon adoption. ADOPTED by the City Council this 6th day oAFebru , 23 , Mayor ATTEST: Michele Lindau, City Clerk [Type here] AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA) CITY OF HUGO COUNTY OF WASHINGTON SS. ORDINANCE NO.2023-522 COUNTY OF RAMSEY ) AN INTERIM ORDINANCE PLACING A TEMPORARY MORATORIUM ON NEW DEVELOPMENT OF SOLAR FARM SOLAR ENERGY SYSTEMS AND DIRECTING A STUDY TO BE CONDUCTED NOW,THEREFORE,the City Council of the City of Hugo does ordain: Carter Johnson,being first duly sworn,on oath states as follows: SECTION 1- BACKGROUND. 1. I am the publisher of the THE CITIZEN,or the publisher's WHEREAS,the City Council adopted an Ordinance 2016-475 SOLAR EN- ERGY SYSTEMS on January 4,2016; designated agent. I have personal knowledge of the facts stated in WHEREAS, the Planning Commission and City Council have adopted this Affidavit,which is made pursuant of Minnesota Statutes §331A.07. goals for 2023 to review and study the Solar Energy Systems ordinance in regards to Solar Farms to ensure the ordinance adequately addresses the public health,safety and general welfare of the community; 2. The newspaper has complied with all of the requirements to constitute a WHEREAS,the City has determined that a study shall be conducted to review the ordinance to determine whether to revise or add any regulation or qualified newspaper under Minnesota law, including those requirements restrictions,including siting and location of use,performance standards,and found in Minnesota Statutes§331A.02. screening of Solar Farms. WHEREAS,the City has determined that the section of the ordinance re- garding Accessory Solar Energy Systems adequately addresses the public 3. The dates of the month and the year and day of the week upon which the health,safety,and general welfare of the community,and are exempt from the public notice attached was published in the newspaper are as follows: moratorium.Such systems are for accessory use and predominantly serve on-site users. WHEREAS, to provide adequate time for study, analysis, and the final- Once a week,for one week,it was published on Thursday,the 23rd day ization of City Code amendments regarding Solar Farms or to preserve the status quo within the City,the City desires to enact an interim ordinance on the of February,2023. applications for and the issuance of permits for Solar Farms. WHEREAS,pursuant to Minn.Stat.§462.355,subd.4,the City is autho- rized to enact by ordinance a moratorium to regulate,restrict or prohibit any p p y use within the jurisdiction to protect the public health, safety,and welfare. comparable space,as determined pursuant to§331A.06,is as follows: Specifically,the City is authorized to enact a moratorium ordinance to allow it to undertake a study to determine whether to revise or add any regulations or restrictions,including siting and location of use,performance standards,and a) Lowest classified rate paid by commercial users for screening of Solar Farms. comparable space SECTION 2.FINDINGS. 1.The City Council finds there is a need to study the Solar Farm section of the ordinance to determine whether to revise or add any regulations or b)Maximum rate allowed by law for the above matter restrictions,including siting and location of use,performance standards, and screening of Solar Farms.This ordinance does not have an effect of imposing limitations or restrictions to the application of Accessory Solar c)Rate actually charged for the above matter $ 13.33/inch Energy Systems. 2.The study will address issues including,but not limited to the following: 1)The particular districts and locations such use shall be allowed;2)The 5. Mortgage Foreclosure Notices, Pursuant to Minnesota Statutes §580.033 concentration and density of such uses in the City;3)Performance stan- dards for such uses in the City;and;3)The effects of such uses on other g puses and the surrounding area. newspaper's known office of issue is located in Ramsey County. The 3.The study will allow the City Council to determine the appropriate chang- newspaper com lies with the conditions described in 580.033,subd. 1, es,if any,that it should make to City ohere i ses: p § 4.The City Council,therefore,finds that there is a need to adopt aCity-wide clause(1)or(2). If the newspaper's known office of issue is located in moratorium of the applications.for and the issuance of permits for Solar a county adjoining the county where the mortgaged premises or some part SECTION 3.MORATORIUM. of the mortgaged premises described in the notice are located,a substantial 1:No individual,establishment,organization,or business may apply for ap- portion of the newspaper's circulation is in the latter county, pccations for approval or the issuance of permits for Solar Farms for six (6)months from the effective date of this ordinance. 2. No application or permit of any kind, by any individual,establishment, We are a qualified newspaper in the following counties:Anoka,Ramsey organization,or businesses involved in Solar Farms within the City of and Washington Hugo shall be accepted,considered,or issued for six(6)months from the effective date of this ordinance. 3. Planning or zoning applications related to Solar Farms or applications FURTHER YOUR AFFIANT SAITH NOT. from individuals,establishments,organizations,or businesses involved in Solar Farms within the City of Hugo shall not be accepted,considered,or issued for six(6)months from the effective date of this ordinance. SECTION 4.STUDY.The City Council directs City staff to study the So- BY: lar Farm section of the ordinance to determine whether to revise or add any TITLE: Carter Johnson,Publisher regulations or restrictions,including siting and location of use,performance standards,and screening of Solar Farms.Upon completion of the study,the PRESS PUBLICATIONS City Council,together with such commission as the CA Council deems appro- 4779 Bloom Avenue priate,or as may be required by law,wiff consider the advisability of adopting new ordinances or amending its current ordinances. White Bear Lake,MN 55110 SECTION 5. ENFORCEMENT.The City may enforce this Ordinance by mandamus,injunctive relief,or other appropriate civil remedy in any court of competent jurisdiction.The City Council hereby authorizes the City Adminis- Subscribed and sworn to before me on this 23rd day of February,2023. trator,in consultation with the City Attorney,to initiate any legal action deemed necessary to secure compliance with this Ordinance.A violation of this Ordi- nance is also subject to the City's general penalty in City Code§Sec.1 -18 subd.(b). SECTION ON li TERM.Unless earlier rescinded re the City Council,the x(6) mor- atorium established under this Ordinance shall remain in effect until six(6) Notary Puf iC months from m its effective date,at which point,it will automatically expire. 7. EFFECTIVE DATE,. This Ordinance shall be in full force and effect from and after its passage by the City Council. This ordinance is effective upon adoption. MYRNA L. PRESS ADOPTED by the City Council this 6th day of February,2023 `'�� NOta PuNlo-Minnesota Tom Weidt,Mayor ATTEST: Commission Expires Jan 31,2026 Michele Lindau,City Clerk Published one time in The Citizen on February 23,2023.