Loading...
HomeMy WebLinkAboutPC Minutes 07.13.23 Minutes for the Planning Commission Meeting of Thursday, July 13, 2023 Chair Kleissler called the meeting to order at 7:00 pm. PRESENT: Derr, Kelly, Kleissler, Lessard, Petty ABSENT: Andress, Arcand, Granger STAFF: Rachel Juba, Community Development Director Max Gort, Associate Planner Pledge of Allegiance. Approval of Minutes for the Planning Commission Meeting of February 23, 2023 Commissioner Derr made a motion, seconded by Commissioner Lessard, to approve the minutes for the Planning Commission meeting of February 23, 2023. All ayes. Motion carried. Public Hearing: Zoning Ordinance Amendment – Revisions to the section of City Code regulating solar farms. Staff gave background on the proposed revisions to the section of City Code regulating solar farms. The Planning Commission and City Council had both identified examining the ordinance as a goal for 2023 . Solar Farms are currently allowed under certain circumstances with an Interim Use Permit, for no more than 25 years. The City Council enacted a six-month moratorium on solar farm applications effective February 6, 2023, and extended the moratorium an additional six months on June 12, 2023. The City Council and Planning Commission held a joint workshop on March 23, 2023 . The consensus from the joint workshop was to revise the solar energy systems ordinance as it relates to solar farms with the Ordinance Review Committee (ORC). The ORC met three times and discusses changes that could address community concerns such as zoning and land use considerations, dimensional requirements, and aesthetic considerations. The ORC has proposed revisions to the performance standards for solar farms: an increase in setbacks from property lines to 100 feet, an increase in setbacks from public road rights of way and principal structures on adjacent dwellings to 200 feet, a requirement of landscaping for screening to consist of 6 foot tall vegetation, a requiremen t of a vegetation establishment and maintenance plan at the time of application, and a limitation on the size of solar farms to be no greater than 5 acres measured at the perimeter of the solar array. Additionally, the ORC proposed an addition to the conditions of approval section reading that additional setbacks may be recommended by the Planning Commission and imposed by the City Council. Commissioner Derr asked if the existing solar farm on 165th Street N would meet the proposed requirements. Community Development Director Juba states that it would. July 13, 2023 PC Minutes Page 2 Chair Kleissler opened the Public Hearing at 7:07 PM Evan Carlson of Enterprise Energy stated that he had previously applied for solar farm development, and that the proposed revisions would reduce develo pment capabilities on the specific property he was applying for. Carlson commented that the existing ordinance requires the time period for an IUP is set from the date of approval, but a gap is created from the approval date and the date that the solar farm begins generating energy. Carlson also commented that a setback of 75 feet from property lines instead of 100 feet would accommodate his proposal. Meriel McClintock, 7260 165th Street North states that she lives next to the existing solar farm, and expressed concern about trespassing, irregular patterns of maintenance, buzzing noises coming from the panels, and glare coming from the panels. McClintock commented that the City should consider requiring the entire property to be fenced rather than the sola r array itself. McClintock commented that there was an apparent transfer of ownership of the existing solar farm property of which the City needs to be made aware. McClintock commented that the placement of a solar farm on each property based on parcel size needs to be considered. Matt Stupnick of Cedar Creek Energy stated that he is working with the Lutz family on a proposed project. Stupnick commented that more intensive requirements could be imposed for screening, and that a restriction to 5 acres in size is too small. John Lutz, 8050 157th Street N, commented that the 5 acre size requirement is not large enough for farmers developing solar farms to earn revenue. Commissioner Lessard asks about the timing gap that Carlson addressed. Juba stated that there is some flexibility, and that in the existing solar farm project the IUP time period was set to begin at the time of operation. Juba states that the time period from 1 to 25 years gives the City flexibility to implement the Comprehensive Plan, such as considering proximity to municipal water and sanitary sewer services. Commissioner Petty asks about the existing fencing requirement. Juba states that the developer is only required to fence the solar array, not the entire parcel. Commissioner Kelly asks if properties that have solar farms are taxed differently. Juba states that there is a commercial and industrial taxing element applied to solar farms. Stubnick asks how the 5 acre size limitation will be calculated per parcel. Juba states that the maximum allowed would be 5 acres per lot or parcel, and that property owners could subdivide to operate multiple 5 acre solar farms. Lutz asks if property owners can only develop one solar farm even if they own multiple properties. Juba states that property owners may own multiple parcels, and may build solar farms on each parcel so long as they meet all requirements. July 13, 2023 PC Minutes Page 3 Commissioner Petty states that with the 25 year limit, a quick land use change isn’t very realistic. No one else spoke. Chair Kleissler closed the Public Hearing at 7:45 PM. Commissioner Petty states that the language regarding the approval period of an IUP should specify that it begins at the time of operation. Commissioner Derr asks if owner/operator information is displayed. Juba says that such information being displayed is a requirement in the current ordinance. Derr asks about the process for documenting transfer of ownership with the City. Ju ba states that there is a process within the current ordinance, and that with the existing solar farm project the property was not sold but rather transferred to a different LLC. Commissioner Petty asks if the pollinator friendly plantings will be required to be mowed. Juba states that rural properties are not required to be mowed, but that we could require solar farm properties to do so case-by case. Chair Kleissler asks if there’s a difference between mowing and maintenance in the proposed ordinance. Juba states that the terms of the vegetation establishment and maintenance plan can be determined at the time of application. Commissioner Kelly asks which construction elements are placed underground. Carlson states that concrete and I-beams are placed underground as support structures. Commissioner Petty made a motion, seconded by Commissioner Lessard, to add language specifying that the IUP approval period begins at the time of operation, along with a motion to approve the amendments to the ordinance as proposed. All ayes. Motion carried. The zoning ordinance amendement will be presented at the City Council meeting on July 24th, 2023. New Business: Update on 2023 Planning Commission Goals Juba gave an update on what the Planning Commission can expect in the coming months, primariy a discussion on how to create a mixed-use zoning district, and determining the City’s approach to high - density residential apartment projects. Juba asks for a recommendation to get authorization from the City Council for Staff to complete a work plan and start the ordinance revision process. Commissioner Petty made a motion, seconded by Commissioner Derr, to recommend to the City Council to authorize Staff to begin a work plan to review mixed use as a zoning district and the approach to apartments. July 13, 2023 PC Minutes Page 4 All ayes. Motion Carried. Old Business Juba states that there will not be a Planning Commission meeting on July 27 th, but that there will likely be two meetings in August. Adjournment Commissioner Derr made a motion, seconded by Commissioner Lessard, to adjourn the meeting at 7:57 PM. All ayes. Motion Carried. Respectfully Submitted, Max Gort, Associate Planner