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HomeMy WebLinkAboutPC PACKET 03.13.25If you need accommodations for the Planning Commission meeting please contact Rachel Juba at (651) 762-6304 or rjuba@ci.hugo.mn.us, thank you. Agenda Hugo Planning Commission Thursday, March 13, 2025 Hugo City Hall 7:00 PM A. ROLL CALL: Andress, Derr, Granger, Kelly, Klein, Kleissler, Petty B. PLEDGE OF ALLEGIANCE C. APPROVAL OF MINUTES 1. February 27, 2025 D. PUBLIC HEARING 1. Ordinance Amendment – Solar Farms E. NEW BUSINESS F. OLD BUSINESS G. ADJOURNMENT Minutes for the Planning Commission Meeting of Thursday, February 27, 2025 Chair Kleissler called the meeting to order at 7:00 pm. PRESENT: Andress, Derr, Klein, Kleissler, Petty ABSENT: Granger, Kelly STAFF: Rachel Juba, Community Development Director Max Gort, Associate Planner Pledge of Allegiance. Oath of Office Phil Klein recited the Oath of Office and was sworn in as a Planning Commissioner. Approval of Minutes for the Planning Commission Meeting of December 12, 2024 Chair Kleissler said she had seen the acting chair’s name listed in the minutes where her name should have been. Associate Planner Gort replied that this error would be corrected in the final version of the minutes. Commissioner Petty made a motion, seconded by Commissioner Klein, to approve the minutes for the Planning Commission meeting of December 12, 2024. All ayes. Motion carried. Public Hearing None. New Business: Capstone Homes, Inc. – Sketch Plan for 90 Single-Family Residential Lots at 5311 165th Street North Community Development Director Juba presented background on the sketch plan that Capstone Homes, Inc. is proposing for the property at 5311 165 th Street N. Capstone is requesting informal, nonbinding comments on their proposal to construct 90 single -family residential lots. The sketch plan shows the lots being 50 feet wide, and shows a general area of stormwater ponds and streets. There are two parcels under common ownership that total approximately 38 acres. There are two parcels facing 165th Street, both one-acre in size, that are under separate ownership and are not being considered with the development proposal. There is a judicial ditch along the eastern edge of the property, causing a portion of the property to be within the Shoreland Overlay District, and the February 27, 2025 PC Minutes Page 2 developer will have to demonstrate that they meet DNR shoreland standards. The property is currently zoned Future Urban Service (FUS), which allows agricultural uses in the interim for properties that are eligible for city sewer and water, and eventual development. The developer will need to apply for a rezoning of the property, and they are proposing to apply for a Planned Unit Development (PUD). T he 2040 Comprehensive Plan guides the future land use of the property as Medium Density Residential (MD), which has a minimum density of 3 units per acre, and a maximum density of 8 units per acre with a PUD. The MD land use is intended to respond to the n eed for smaller homes on smaller lots, as well as twin homes and townhomes. Utilities are currently to the south at the Meadows at Hugo development, and there is capacity to extend sewer and water to this development. The Metropolitan (Met) Council sewer interceptor runs along the western edge of the property, and the Met Council maintains a 35-foot wide easement to protect access to the interceptor. The sketch plan shows six lots in the northwest corner of the property with their back yards in the easement. This situation also exists in the Meadows at Hugo development to the south, but the city would prefer that this configuration doesn’t occur, as the Met Council does not allow any permanent improvements within the easement, leaving homeowners without the ability to have permanent items in their back yard. The sketch plan shows six lots with direct access onto 165th Street. These lots will need to be removed or reconfigured as 165th Street is classified as a collector road and cannot have driveways with direct access. Juba showed a layout of the streets, and pointed to the long and straight road shown on the east side of the property. The City discourages long, straight residential streets as they provide opportunity for speeding. Juba explained the need to determine the long-term future of 165th Street. Currently, 165th Street is a gravel road from Highway 61 to Elmcrest Avenue. Developers are required to provide adequate public services, including a road that is capable of handling the traffic that the development and its connections would produce. The 2040 Transportation Plan identifies 165 th Street as an urban section collector road, with curb and gutter and a paved trail. However, staff is considering whether interim alternatives could be in place, such as the temporary paving of 165 th Street as a rural section road. Under current policy, developers are required to contribute a cash escrow of one -half of the cost to construct the urban section road for the length of their frontage . Staff has considered three options for the developer to provide adequate public facilities to their development: 1. The developer would construct an urban section road from the west property line to the intersection with Highway 61. 2. The developer would construct a rural section road from the west property line to the intersection with Highway 61, and receive a credit towards their required escrow for the urban section road based on the cost of paving a rural section. 3. The City Council approves the paving of the entirety of 165th Street between Highway 61 and Elmcrest Avenue as a rural section road, and the developer still contributes the required escrow for the urban section road. During the 2025 goal setting process, the Planning Commission and City Council both discussed the need for 165th Street improvements, including a study of road design, construction costs, environmental analysis, an evaluation of utility extensions, and an evaluation of land use. Staff is currently creating a scope of work for such a study, and would ideally begin the study in the spring of 2025. The results of the study could help guide development along the corridor. February 27, 2025 PC Minutes Page 3 The Parks Commission reviewed the sketch plan at their February 19, 2025 meeting. The developer is not proposing to dedicate land to meet their park dedication requirement, meaning they would be required to pay the fee of $306,000 for 90 units. The property is in the NP -3 park service district, which is currently only served by the passive park between the Oneka Place and Meadows at Hugo, and the tot lot playground in Oneka Prairie. Nearby parks outside of the district include Frog Hollow Park, Oneka Elementary School, and Heritage Ponds Park. The 2040 Trails Plan indicates that the trail in the development to the south must be extended north through this property. The developer is not showing any trails on the sketch plan, but staff has indicated that off-road trails to enhance natural characteristics of the property could be approved. The Parks Commission was comfortable with accepting the fee payment to meet the park dedication requirements, and with the developer constructing off-road trails. The developer has not provided a landscape plan, and would be expected to provide a plan that exceeds development standards in order to meet PUD requirements. The developer is planning to construct ponds for stormwater management, but not proposing to utilize stormwater reuse for irrigation. Staff is recommending that the developer formally evaluate stormwater reuse. Overall, staff recommended the following to the developer for revisions to the sketch plan: 1. Staff recommends a phasing plan be submitted. 2. Staff recommends that the long road running south to north in the development be further analyzed to incorporate traffic calming measures. 3. Staff recommends that the lots with direct access to 165th Street be relocated or removed. 4. Staff recommends that the lots with back yards located in the 35-foot Met Council interceptor easement be evaluated to be relocated or reconfigured. 5. Staff recommends an off-road trail system be incorporated into the development. 6. Staff recommends that the landscape plan is designed to go beyond the minimum requirements. 7. Staff recommends stormwater reuse be evaluated for feasibility regarding water availability and design Staff recommended that the Planning Commission discuss the sketch plan and provide informal, nonbinding comments to the developer. Tom Bakritges of Capstone Homes, Inc. introduced himself to the Planning Commission, and talked about how the site was designed so that every lot backed up to open space. Bakritges stated that they will construct trails in the development, but would prefer that their alignment is behind houses instead of in front of them along the street, and that they will be creating a landscape plan. Bakritges stated that they would prefer that 165th Street remain a rural section road long-term, and that they may not be easily able to relocate the six lots that have direct access to 165th Street. Bakritges stated that they will go through the wetland review process and request to purchase credits for impact, and that they probably won’t be able to do stormwater reuse. February 27, 2025 PC Minutes Page 4 Commissioner Klein said he likes the overall idea of smaller homes being more affordable, and that he understands the development challenges along the 165th Street corridor. Klein asked if they would consider constructing a large stormwater pond and utilizing stormwater reuse, rather than several smaller ponds. Klein said that he likes the idea of off-road trails, and is comfortable with the development standards they are requesting. Commissioner Andress asked for more information on the Met Council interceptor. Juba said it’s the primary sewer pipe that directs sewage from the City of Hugo and many other communities to the Pigs Eye Treatment Plant in Saint Paul. Andress asked whether the ditch on the east side of the property was a new or temporary ditch. Juba said that it’s a judicial ditch that has drained surrounding properties for a long time. Andress asked why some lots are showing direct wetland impacts. Bakritges stated that there are different classifications of wetland, and that the wetlands shown with impacts are the types of wetland that they believe they can impact. Andress asked if the black dots shown on the west side of the property are existing utility poles, Juba said yes. Bakritges stated that they will redesign the site plan after receiving comments from the sketch plan review process, and that they are hoping to have the project approved by the end of the year. Andress asked if the 165th Street study will be completed by then. Juba said that staff is hoping to have the road design and utility pieces completed first, which will be the most useful results to the developer. Commissioner Klein asked if the slab-on-grade homes would be constructed at the minimum elevation about the water table, Bakritges said yes. Klein said that their architectural renderings are all two-story products, and asked if they’ve considered single-story products. Bakritges said that they have single- story products in their projects in other communities. Chair Kleissler said that she likes the idea of every lot facing some open space to the rear, and asked if they’ve considered purchasing the two smaller parcels under separate ownership to make the development more cohesive. Bakritges said that they have not considered purchasing the parcels due to financial concerns. Commissioner Andress asked if the existing buildings on the property would be removed. Bakritges said they will be removed. Commissioner Derr asked if they’ve considered staggering the lots along the long, straight road to the east to break up the road for traffic calming. Bakritges said that they tend to stagger thei r lots in other projects, and that they’ll consider it in this instance. Derr said that he would like to see visual continuity with the development to the south. Chair Kleissler asked if they’d consider making the trail into a loop, or otherwise circulate bicycle and pedestrian traffic through the development in some way. Bakritges said that they’d utilize a combination of off-road trails and on-street sidewalks to create circulation. Commissioner Klein asked if they’d consider creating a park to bring trails together. Said that they’re not proposing a park but that they’d consider amenities along the trail such as benches. February 27, 2025 PC Minutes Page 5 Chair Kleissler asked if they have any ideas for how to address the lots facing 165 th Street. Bakritges said that they’d either create two larger lots, or create six lots along a private street. Commissioner Klein stated that he would not recommend a private street. Bakritges said that they’ll need to reevaluate the site design, but that removing lots reduces the viability of the project financially. No further discussion. Old Business None. Adjournment The next Planning Commission will be on March 13th, 2025. Commissioner Klein made a motion, seconded by Commissioner Andress, to adjourn at 7:57 PM. All ayes. Motion carried. Respectfully Submitted, Max Gort, Associate Planner Memorandum To: Hugo Planning Commission From: Max Gort, Associate Planner Date: March 10, 2025 for the Planning Commission meeting of March 13, 2025 Re: Public Hearing – Ordinance Amendment, Solar Farms 1. BACKGROUND: In 2016, the City Council adopted an ordinance regulating the use of solar energy systems. The ordinance includes rules for accessory solar energy systems, which provide solar energy for on- site use and are accessory to the primary use of the property, and solar farms, which distribute solar energy to off-site consumers and are the primary use of the property. Solar farms are currently permitted in the AG, LA, RR, and FUS zoning districts, all other zoning districts only in the floodplain, and on parcels greater than 10 acres in size. Additionally, solar farms require an Interim Use Permit (IUP), and have specific performan ce standards and criteria of approval. The first solar farm project was approved in 2018, which drew negative feedback from the community related to aesthetic characteristics and setbacks from property lines. In 2023, the Planning Commission and City Council amended the ordinance due to an increased interest in solar farm development and related feedback from the community. The Ordinance Review Committee (ORC) convened to draft revisions to the ordinance, which included: • An increase in minimum setbacks from property lines from 50 feet to 100 feet • A minimum setback from public rights-of-way and dwellings on adjacent property to 200 feet • A limit of the size of the solar array to five acres • A requirement that trees at least 6 feet tall at the time of planti ng be provided for screening • A requirement that solar farm applications include a vegetation establishment and management plan • A requirement that ground areas within the solar array not occupied by equipment be planted with deep-rooted, native, pollinator-friendly plantings The ORC’s revisions were adopted by the City Council on July 24, 2023. With the new ordinance in effect, the City received an application for a solar farm on a vacant 12-acre property on Everton Avenue. During the public hearing at the April 11, 2024 Planning Commission meeting, several neighbors spoke in opposition to the project, primarily with concerns that the proposed solar farm would not be compatible with the present character of the surrounding area. The Planning Commission recommended approval of the solar farm IUP, but the City Council denied it, due to the character of the area case made by the neighbors. Following the denial of the Everton Avenue solar farm project, the City Council directed staff to draft a text amendment that would prohibit solar farms. At its July 11, 20 24 meeting the Planning Commission held a public hearing on the text amendment. There were 4 people who D.1 2 spoke in favor of prohibiting solar farms, 4 people who spoke against prohibiting solar farms, and 4 letters received by the City that were all against prohibiting solar farms. The Planning Commission and City Council decided not to prohibit solar farms at that time, and instead held another workshop to discuss the ordinance. The workshop held on September 19, 2024 resulted in direction to reconvene the ORC to consider revising the ordinance. 2. ORDINANCE REVIEW COMMITTEE DISCUSSION AND RECOMMENDATION: Over the course of several meetings, the ORC discussed potential revisions to address community concerns. Solar farm proposals often have the location of a solar array near the edge of a large property and closer to adjacent dwellings, rather than being located centrally. The ORC determined that community feedback may be better addressed with revisions that guide the placement of the solar array towards the center of the property, no matter how large the property is. Additionally, the ORC discussed the zoning districts where solar farms are allowed, and determined that the permission of solar farms within urban zoning district exclusively in the floodplain was no longer needed. The ORC recommended the following revisions to the performance standards for solar farms: • Increasing the minimum lot size for solar farms from 10 acres to 20 acres. • Increasing the minimum setback from any principal structure on adjacent properties from 200 feet to 400 feet. • Including language that would require solar farms to “be located, insofar as possible, on a central portion of the property in order to minimize visual impact on adjacent properties and dwellings.” • Removing solar farms in the floodplain as a permitted use within urban zoning districts. • Amending the definition of a solar farm to clarify that it is capable or intended to distribute electricity for off-site use. 3. CITY COUNCIL MEETING UPDATE: Staff gave an update to the City Council at their February 3, 2025 meeting on the ORC’s recommendation for the ordinance revisions. The City Council reviewed the recommended text amendments in draft form, and had a short discussion. Several councilmembers stated that they thought the recommendations from the ORC would address some of the feedback they’ve received for solar farm projects in the past. The City Council directed staff to hold a public hearing with the Planning Commission to receive public feedback on the proposed text amendments. 4. STAFF RECOMMENDATION: Staff recommends that the Planning Commission hold a public hearing and take all comments. Staff recommends that the Planning Commission recommend approval of the proposed text amendments to the City Council. Attachments: 1. Redlined text amendments for Performance Standards section. 2. Complete draft ordinance text amendments. DRAFT TEXT AMENDMENTS FOR SOLAR FARM PERFORMANCE STANDARDS Amending items under Subsection (d) to read as follows: (d) Solar farms. (2) Performance standards for solar farms. Solar farms shall be erected and maintained to meet the following standards. a. Solar farms shall be located on a minimum lot size of 10 20 acres within the Long Term Agricultural (LA), Agricultural (AG), Rural Residential (RR), and Future Urban Service (FUS) zoning districts. Solar farms may also be located in any other zoning district only in the floodplain, as long as all other conditions are met. b. Solar farms shall be 100 feet from all property lines, 200 feet from all public road rights-of-way, and 200 400 feet from any principal structure on adjacent properties. c. Solar farms shall be located, insofar as possible, on a central portion of the property in order to minimize visual impact on adjacent properties and dwellings. dc. Solar farms shall be limited to a size of 5 acres, measured by the exterior edges of the solar array. ed. Ground mounted solar energy systems shall not exceed 15 feet in height at any point when oriented at maximum tilt. fe. Solar farms shall be enclosed by approved perimeter fencing or adequate vegetative buffer for screening. The primary form of buffer for screening shall be at least 6-foot tall vegetation. Exception may be granted if the natural landscape provides screening from all public right of ways and neighboring properties. gf. All ground areas within the perimeter fencing of a solar farm that are not occupied by equipment or access paths shall be planted with deep rooted, native pollinator plantings. hg. Solar farm applications shall include a vegetation establishment and management plan which shall be reviewed and approved by staff. ih. The owner/ operator of the solar farm shall provide the City with evidence that the solar energy system is functioning properly. This shall be provided at any time deemed necessary by the City. ji. The owner/operator shall submit a decommissioning plan for the solar farm to ensure that the owner/operator properly removes the equipment and facilities upon the end of the project life, abandonment, expiration, or termination of the interim use permit. If the solar energy system remains nonfunctional or inoperative for a continuous period of 12 months, the system shall be deemed abandoned and shall constitute a public nuisance. The owner shall remove the abandoned system at their expense after a demolition permit has been obtained within 90 days after notice has been given. Removal includes the entire structure including transmission equipment, structures Ordinance 2025-XX Amended Solar Energy Systems Ordinance and foundations, and the restoration of soil and vegetation. The owner/operator shall provide a current-day decommissioning cost estimate, and shall post financial security in a form acceptable by the City. This estimate must include an inflationary escalator, in an amount determined by the City, which will allow the City to remove the solar farm from the property after the 90-day period has elapsed. SOLAR ENERGY SYSTEMS ORDINANCE 2025-XX AN ORDINANCE AMENDING CHAPTER 90 – ZONING AND LAND USE AS IT RELATES TO SOLAR ENERGY SYSTEMS TITLE: An ordinance adding to and amending Chapter 90, Article I. – IN GENERAL, Section 90-1. – Definitions, Chapter 90, Article IV. – Zoning District Regulations, and Chapter 90, Article VI. – REQUIREMENTS FOR SPECIFIC USES AND PERFORMANCE STANDARDS, Section 90-278. – Solar energy systems. THE CITY OF HUGO ORDAINS: The City Council of the City of Hugo does hereby amend Chapter 90, Article VI, Section 90-278, to revise the following sections of Chapter 90 ZONING AND LAND USE, Article I IN GENERAL, Section 90-1 DEFINITIONS Amend the definition of Solar Farm to read as follows: Solar Farm means a solar energy system that is composed of multiple solar panels where the primary land use, whether by footprint or visual impact or both, of the parcel is for a solar array. A solar farm produces energy for wholesale to subscribers, or is capable of producing, or is otherwise intended to, produce energy beyond that which is necessary solely for on-site use. The City Council of the City of Hugo does hereby amend Chapter 90, Article IV Zoning District Regulations to amend of the following Sections: Sec. 90-93. – Long-term agricultural district (LA). Add the following to subsection (c): (c) Accessory uses. (18) Accessory solar energy systems (refer to section 90-278). Amend subsection (d) item (8) to read as follows: (d) Conditional uses. (8) Solar farms (refer to section 90-278). Sec. 90-94. – Agricultural district (AG). Add the following to subsection (c): (c) Accessory uses. (17) Accessory solar energy systems (refer to section 90-278). Amend subsection (d) item (18) to read as follows: (d) Conditional uses. (18) Solar farms (refer to section 90-278). Ordinance 2025-XX Amended Solar Energy Systems Ordinance Sec. 90-95. – Rural residential district (RR). Add the following to subsection (c): (c) Accessory uses. (15) Accessory solar energy systems (refer to section 90-278). Amend subsection (d) item (17) to read as follows: (d) Conditional uses. (17) Solar farms (refer to section 90-278). Sec. 90-96. – Large lot single-family residential district (R-1). Add the following to subsection (c): (c) Accessory uses. (7) Accessory solar energy systems (refer to section 90-278). Remove the following from subsection (d): (d) Conditional uses. (6) Solar energy systems (refer to section 90-278). Sec. 90-98. – Single-family detached residential district (R-3). Add the following to subsection (c): (c) Accessory uses. (7) Accessory solar energy systems (refer to section 90-278). Remove the following from subsection (d): (d) Conditional uses. (7) Solar energy systems (refer to section 90-278). Sec. 90-99. – Central residential district (CR-3). Add the following to subsection (c): (c) Accessory uses. (7) Accessory solar energy systems (refer to section 90-278). Remove the following from subsection (d): (d) Conditional uses. (6) Solar energy systems (refer to section 90-278). Sec. 90-100. – Low density multifamily residential district (R-4). Add the following to subsection (c): (c) Accessory uses. (7) Accessory solar energy systems (refer to section 90-278). Ordinance 2025-XX Amended Solar Energy Systems Ordinance Remove the following from subsection (d): (d) Conditional uses. (7) Solar energy systems (refer to section 90-278). Sec. 90-101. – Medium-density multifamily residential district (R-5). Add the following to subsection (c): (c) Accessory uses. (8) Accessory solar energy systems (refer to section 90-278). Remove the following from subsection (d): (d) Conditional uses. (9) Solar energy systems (refer to section 90-278). Sec. 90-102. – Neighborhood service district (NS). Add the following to subsection (c): (c) Accessory uses. (7) Accessory solar energy systems (refer to section 90-278). Remove the following from subsection (d): (d) Conditional uses. (9) Solar energy systems (refer to section 90-278). Sec. 90-103. – Central business district (C-1). Add the following to subsection (c): (c) Accessory uses. (7) Accessory solar energy systems (refer to section 90-278). Remove the following from subsection (d): (d) Conditional uses. (13) Solar energy systems (refer to section 90-278). Sec. 90-104. – General business district (C-2). Add the following to subsection (c): (c) Accessory uses. (8) Accessory solar energy systems (refer to section 90-278). Remove the following from subsection (d): (d) Conditional uses. (16) Solar energy systems (refer to section 90-278). Ordinance 2025-XX Amended Solar Energy Systems Ordinance Sec. 90-105. – Restricted industrial district (RI-1). Add the following to subsection (c): (c) Accessory uses. (6) Accessory solar energy systems (refer to section 90-278). Remove the following from subsection (d): (d) Conditional uses. (20) Solar energy systems (refer to section 90-278). Sec. 90-106. – Business park (BP). Add the following to subsection (c): (c) Accessory uses. (8) Accessory solar energy systems (refer to section 90-278). Remove the following from subsection (d): (d) Conditional uses. (14) Solar energy systems (refer to section 90-278). Sec. 90-107. – General industrial district (I-3). Add the following to subsection (c): (c) Accessory uses. (8) Accessory solar energy systems (refer to section 90-278). Remove the following from subsection (d): (d) Conditional uses. (13) Solar energy systems (refer to section 90-278). Sec. 90-108. – Restricted commercial district, outside of urban service area (RC-1). Add the following to subsection (c): (c) Accessory uses. (6) Accessory solar energy systems (refer to section 90-278). Remove the following from subsection (d): (d) Conditional uses. (8) Solar energy systems (refer to section 90-278). Sec. 90-109. – Future urban service district (FUS). Add the following to subsection (c): (c) Accessory uses. (17) Accessory solar energy systems (refer to section 90-278). Amend subsection (d) item (16) to read as follows: (d) Conditional uses. Ordinance 2025-XX Amended Solar Energy Systems Ordinance (16) Solar farms (refer to section 90-278). Sec. 90-110. – Future central business district (FCB). Add the following to subsection (c): (c) Accessory uses. (7) Accessory solar energy systems (refer to section 90-278). Remove the following from subsection (d): (d) Conditional uses. (7) Solar energy systems (refer to section 90-278). The City Council of the City of Hugo does hereby amend Article VI REQUIREMENTS FOR SPECIFIC USES AND PERFORMANCE STANDARDS, Section 90-278 SOLAR ENERGY SYSTEMS, Subsection (d) SOLAR FARMS Amending items under Subsection (d) to read as follows: (d) Solar farms. (2) Performance standards for solar farms. (a) Solar farms shall be located on a minimum lot size of twenty acres within the Long Term Agricultural (LA), Agricultural (AG), Rural Residential (RR), and Future Urban Service (FUS) zoning districts. (b) Solar farms shall be 100 feet from all property lines, 200 feet from any public road rights- of-way, and 400 feet from any principal structure on adjacent properties. (c) Solar farms shall be located, insofar as possible, on a central portion of the property in order to minimize visual impact on adjacent properties and dwellings. (d) Solar farms shall be limited to a size of 5 acres, measured by the exterior edges of the solar array. (e) Ground mounted solar energy systems shall not exceed 15 feet in height at any point when oriented at maximum tilt. (f) Solar farms shall be enclosed by approved perimeter fencing or adequate vegetative buffer for screening. The primary form of buffer for screening shall be at least 6-foot tall vegetation. Exception may be granted if the natural landscape provides screening from all public right of ways and neighboring properties. (g) All ground areas within the perimeter fencing of a solar farm that are not occupied by equipment or access paths shall be planted with deep rooted, native pollinator plantings. (h) Solar farm applications shall include a vegetation establishment and management plan which shall be reviewed and approved by staff. (i) The owner/ operator of the solar farm shall provide the City with evidence that the solar energy system is functioning properly. This shall be provided at any time deemed necessary by the City. (j) The owner/operator shall submit a decommissioning plan for the solar farm to ensure that the owner/operator properly removes the equipment and facilities upon the end of the Ordinance 2025-XX Amended Solar Energy Systems Ordinance project life, abandonment, expiration, or termination of the interim use permit. If the solar energy system remains nonfunctional or inoperative for a continuous period of 12 months, the system shall be deemed abandoned and shall constitute a public nuisance. The owner shall remove the abandoned system at their expense after a demolition permit has been obtained within 90 days after notice has been given. Removal includes the entire structure including transmission equipment, structures and foundations, and the restoration of soil and vegetation. The owner/operator shall provide a current-day decommissioning cost estimate, and shall post financial security in a form acceptable by the City. This estimate must include an inflationary escalator, in an amount determined by the City, which will allow the City to remove the solar farm from the property after the 90-day period has elapsed. Passed and adopted by the City Council of the City of Hugo this ____ day of _______, 2025. ___________________________ Tom Weidt, Mayor Attest: __________________________ Michele Lindau, City Clerk