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HomeMy WebLinkAbout2015-12-21 PACKET 06.5.STAFF REPORT CASE: CUP2015-056 ITEM: 6.5 PUBLIC MEETING DATE: 12/21/15 TENTATIVE COUNCIL REVIEW DATE: 1/20/16 APPLICATION APPLICANT: Ecoplexus, Inc. REQUEST: A conditional use permit for a community solar garden on approximately 80 acres of land. SITE DATA LOCATION: ZONING: GUIDED LAND USE: One-quarter mile south of 70th Street (CSAH 22) and one-quarter mile north of 77th Street, east of Laverne Avenue AG -1, Agricultural Preservation Agricultural LAND USE OF ADJACENT PROPERTIES: CURRENT NORTH: Agricultural EAST: Agricultural SOUTH: Agricultural WEST: Residential SIZE: Site = 80 acres Community Solar Garden = 37 acres RECOMMENDATION GUIDED Agricultural Agricultural Agricultural Rural Residential Approval, subject to the conditions stipulated in this staff report. Collage COTTAGE GROVE PLANNING DIVISION J Grove dere Prlde a',,,.spedtV Meet Planning Staff Contact: John McCool, Senior Planner; 651-458-2874; imccool(cDcottage-grove. org Application Accepted:, 12/8/15 60 -Day Review Deadline: 2/5/16 City of Cottage Grove Planning Division • 12800 Ravine Parkway South • Cottage Grove, MN 55016 Planning Staff Report Ecoplexus Inc. — Conditional Use Permit (Solar Collection Systu m) Planning Case No. CUP2015-056 December 21, 2015 Proposal Ecoplexus Inc. has applied for a conditional use permit application for the proposed construction of a community solar garden on approximately 80 acres of land located approximately one-quarter of a mile south of 70th Street, one-quarter of a mile north of 77th Street, and east of the Old Cottage Grove neighborhood. The property is owned by Steven and Kathleen Geis. The illustra- tion below shows the location of the 80 acres proposed for the community solar garden. AT _I - _ - PROPOSED COMMUNITY SOLAR GARDEN SITE { BY ECOPLEXES, INC. H Met_ '. CdteAO Cmvo ' �I � CenptM'. I IN �. ]�P O _ � N N E S _ 0 025 0.5 t - - --� Mlles Project Location Map Review Process Application Received: November 20, 2015 Acceptance of Completed Application: December 8, 2015 Tentative City Council Date: January 20, 2016 60 -Day Review Deadline: February 5, 2016 Planning Staff Report Ecoplexus Inc — Planning Case No. CUP2015-056 December 21, 2015 Page 2 of 10 Ordinance Regulations The City's Solar Collector System ordinance was adopted by the City Council on October 7, 2015 (Ord. No. 948). This ordinance defines a "community solar garden" as a solar -electric (photovoltaic) array that provides retail electric power to multiple community members or businesses residing or located off-site from the location of the solar energy system, under the provisions of Minnesota Statutes 216B.1641 or successor statute." Ecoplexus is proposing to develop a community solar garden as part of the Xcel Community Solar Garden Program, as regulated by the Minnesota Statutes 2166.1641. This program will allow individuals, businesses, schools, and civic entities (known as "subscribers") to purchase or "sub- scribe" to a portion or a "share" of the output from a given solar garden. This allows subscribers to purchase renewable energy at a savings compared to their current utility bill without making costly upfront investments in a solar collection system. The City of Cottage Grove supported the ordinance because of public interests in commercial solar collection systems relative to the State of Minnesota Legislature's mandate to make solar power a more appealing option for home and business owners. The overall objective for each public utility is to generate or procure sufficient solar energy electricity to serve its retail electricity customers in Minnesota so that by the end of 2020, at least 1.5 percent of the utility's total retail electric sales to retail customers in Minnesota is generated by solar energy. The City's solar collector system ordinance for community solar garden systems requires the following: • A conditional use permit is granted by the City. The system is located within the designated areas shown in Exhibit A of the solar collector system ordinance. The system is located on a minimum of five acres of land. • Applicant provides a de -commissioning plan to the City. • A building permit is obtained from the City. The standards and regulations contained in the solar collector system ordinance are complied with. Community Solar Garden Project Ecoplexus Inc. is proposing a community solar garden on 80 -acres of land that will be leased from the property owner. The applicant is proposing to mount solar collection panels on four to six-foot tall metal racking structures that are affixed to the ground using either driven posts or helical ground screws. These types of ground -mounted systems allow stormwater infiltration under the solar panels and mini- mized ground disturbance. The solar arrays are relatively low to the ground. The ground beneath Planning Staff Report Ecoplexus Inc — Planning Case No. CUP2015-056 December 21, 2015 Page 3 of 10 and around the solar collector panels will be seeded with a low -growing native seed mix that will only require periodic maintenance. Illustrations of the ground mounted systems and solar arrays are shown below. The applicant states that Xcel Energy will probably require a set of "interconnection facilities" for each one megawatt of solar electric energy generated. The proposed community solar garden project will technically be five total solar gardens, each capable of generating one megawatt of electricity. An interconnection facility consists of a meter, air switch, inverters, transformers, and a main substation transformer, and will provide the interface between each one -megawatt solar garden and the electrical grid by a utility company. City staff has asked for more details describing these interconnection facilities. The applicant stated that the details have not yet been prepared and that they continue to work on the design with Xcel Energy. The applicant's written narrative states that these facilities are typically owned and maintained by the utility company and the solar garden operator will require their own identical set of interconnection facilities operating in parallel with the utility's facilities. At this time, the ap- plicant believes the conveyance of electric energy generated by the community solar garden will be five interconnection facilities centrally located within the solar panel array field and directed along the north property line to the northwest corner of the 80 -acre site and westerly within 72nd Street to Lamar Avenue. The applicant understands that all electrical lines must be underground, Planning Staff Report Ecoplexus Inc - Planning Case No. CUP2015-056 December 21, 2015 Page 4 of 10 but said that Xcel Energy has final jurisdiction over the interconnection scheme and that the pre- cise number and locations of electrical distribution lines cannot be determined at this time. Since nobody knows at this time how these interconnection systems will be designed, it is suspected that additional utility poles and overhead power lines might be proposed. Because this is an important element in considering the approval of this project, a condition of approval will not only require that all power lines be placed underground within the interior of the community solar gar- den properties, but also require that the utility company must place all new power lines necessary to facilitate the interconnection between the community solar garden and the utility company's electric grid underground. Details of this interconnection between the community solar garden and the utility company's electric grid must be submitted to the City at the time the applicant files their building permit application. The illustration below shows the proposed site layout for the community solar garden project. Lamar Fields / F ieLd MW Fmfletd, 101 VA- AV Ir// o _ _ - ----- r. 3y...r E i.� 72"e Street _ Extension and I Existing Turnaround y {' Hill Old Cottage 71 a •..,�'-.-..,,..�,.=-.ate.-�.a-,-.� '�.�....�+..�...� �..,�... .,....,,.wY.�.�..�•os"'�.'�'a'e'^`e� Grove 706 ft. Residential 1 Neighborhood ,.. r,...,...,..,......�.,.T...,...•....,...-.. I I I ' EumfWA Earmftgid Proposed Site Plan The applicant does not propose to remove any existing trees along the perimeter of the 80 -acre site. No other landscaping improvements are proposed on the project site. The applicant is proposing to start construction in late spring or early summer of 2016. It will take approximately four months to complete the project. The community solar garden will be opera- tional for approximately 30 years, after which it may be de -commissioned if no arrangement for further use is determined. Planning Staff Report Ecoplexus Inc — Planning Case No. CUP2015-056 December 21, 2015 Page 5 of 10 Planning Considerations Property Characteristics The property is zoned Agricultural Preservation (AG -1) but the property owner does not participate in the Metropolitan Agriculture Preserve Program. The 80 acres of land is divided into two 40 -acre parcels (PIN 12.027.21.24.0001 and 12.027.21.13.0001) that are both owned by Steven and Kathleen Geis. The site's topography is relatively flat to moderate slopes. Most of the 80 acres is farmed for cropland, except for a 0.75 - acre treed area near the center of the site. A sliver of land along the property's southwest bound- ary line is encumbered by trees and brush. An aerial photograph of the 80 -acre site is shown below. Lamar Fields a �' I Oe .rt � •k a-�J vv: - . v; • e u(1k n it - 700 1,400 _._ Feet 2013 Aerial View of the 80 -Acre Site Planning Staff Report Ecoplexus Inc— Planning Case No. CUP2015-056 December 21, 2015 Page 6 of 10 I 6 i Contours for the 80 -Acre Parcels 0 -PRM LQt.' Agricultural uses exist on the north, east, and south sides of the site. Residential uses abut the west property boundary line for the west 40 acres of the 80 acres. Trees exist along this common boundary line between the agricultural and residential parcels. The photograph below shows the common boundary line between the agricultural and residential uses. The only public access is from a platted 66 -foot wide dedicated right-of-way located at the north- west corner of the site. This dedicated right-of-way aligns with 72nd Street South in the Old Planning Staff Report Ecoplexus Inc — Planning Case No. CUP2015-056 December 21, 2015 Page 7 of 10 Cottage Grove neighborhood; 72nd Street and Laverne Avenue intersect, but an improved road- way surface does not exist between these paved roads and the 80 -acre parcel. This area within the dedicated right-of-way is a grass area that might be mowed by the City because it adjoins Lamar Fields or by a neighboring property owner. Two photographs of this right-of-way corridor are shown below. Metropolitan Urban Service Area (MUSA) The 80 -acre site is located outside the MUSA. The Future Vision 2030 Comprehensive Plan and Future Land Use 2030 Plan designates the area east of Old Cottage Grove as an agricultural land use. City utilities are not planned to be extended east of Old Cottage Grove for several decades. Motor Vehicle Accessibility As previously described, the only public frontage to the site is from a 66 -foot wide dedicated right-of- way located in the northwest corner of the 80 -acre site. The distance between the 72nd Street and Laverne Avenue intersection to the site is approximately 175 feet. The City Public Works Department is requiring that the easterly extension of 72nd Street and temporary turn -around be constructed at Planning Staff Report Ecoplexus Inc— Planning Case No. CUP2015-056 December 21, 2015 Page 8 of 10 the applicant's expense. The design of this road extension must comply with the City's rural design standards. Upon completing the construction of this public street and acceptance by the City Engi- neer and Public Works Department, the City will thereafter assume maintenance responsibilities of 72nd Street, between Laverne Avenue and the east end of the cul-de-sac. The purpose of the tem- porary turn -around is to permit motorists to turn -around. The City will plow snow on this new public roadway. The property owners, Steven and Kathleen Geis, will be required to provide a public roadway ease- ment for that portion of the temporary turn -around to be constructed on their property. The illustration below shows that part of 72nd Street and temporary turn -around to be constructed. Proposed 72nd Street and cul-de-sac improvement Once the project is operating, the use will generate minimal vehicular traffic on local streets. Decommissioning Plan A copy of the Decommission Plan dated November 20, 2015 was included in the applicant's con- ditional use permit application submittal. This Plan describes the proposed community solar garden as a five megawatt solar photovoltaic facility sited on the 80 -acres of land previously de- scribed in this planning staff report. The Plan describes the decommissioning of the project's operation and facilities necessary to be completed in order to restore the land to pre -construction conditions. The process of decommissioning will take approximately six months or less. All photovoltaic mod- ules will be disconnected, removed from the racks, packaged, and transported to a designated Planning Staff Report Ecoplexus Inc — Planning Case No. CUP2015-056 December 21, 2015 Page 9 of 10 location for resale, recycling, or disposal. The panel racking system will be unbolted, disassem- bled, and transported off-site for salvage or reuse. All electrical equipment, buildings, and foun- dations will also be removed from the site. All access roads and parking areas will be removed to allow the complete restoration of these areas. Clean topsoil would be imported on-site by dump truck, replaced over the disturbed areas, and leveled to match the existing grades. The area will be seeded with native grass species for the purpose of erosion control. The Plan does not include a cost estimate for decommissioning the entire community solar garden facilities. This cost estimate is required in order to determine the minimum financial guarantee amount that the applicant is required to provide to the City. The applicant is required to provide the City with a cash escrow, bond, or irrevocable letter of credit in an amount equal to 125 percent of the accepted decommissioning estimate. The financial guarantee must be submitted to the City before a building permit will be issued by the City. Property Taxes The 80 -acre site is zoned AG -1, Agricultural Preservation, and is currently being used for agricul- tural crop production. Minnesota State Statute 272.0295 establishes a solar energy production tax for solar gardens that are larger than one megawatt. The facility is required to pay $1.20 per megawatt hour in taxes to the County in which the system is located. Property tax classification changes from agricultural land to Class 3a -Utility, which is taxed at a higher rate. Public Hearing Notices The public hearing notice was published in the South Washington Bulletin and mailed to 32 property owners within 500 feet of the 80 -acre site on December 9, 2015. Recommendations That the Planning Commission recommend that the City Council approve Ecoplexus Inc.'s condi- tional use permit to construct a community solar garden with the capability to generate up to five megawatts of electricity as shown on the site plan prepared by Landform with a revision date of December 1, 2015. The Planning Commission can consider staffs proposed conditions of approval based on testimony and discussion at the public hearing. Conditions of approval for your consideration are listed below. The applicant is responsible to remove any gravel, dirt, or debris materials carried from motor vehicles exiting from the community solar garden site and landing on that segment of 72nd Street east of Laverne Avenue. 2. The applicant must provide to the City a cost estimate for decommissioning the entire com- munity solar garden facilities. Upon the City's acceptance of the decommissioning cost estimate, the applicant shall provide the City with a cash escrow, bond, or irrevocable letter of credit in an amount equal to 125 percent of the accepted decommissioning estimate. The financial guarantee must be remitted to the City before a building permit will be issued. 3. All on-site and off-site electric power lines necessary to interconnect the electric power created from the community solar garden to the utility company grid system must be Planning Staff Report Ecoplexus Inc— Planning Case No. CUP2015-056 December 21, 2015 Page 10 of 10 underground. The only exception, if necessary, is at the connection point where the com- munity solar garden underground electric line needs to be connected to the utility company's existing power pole/local distribution line. 4. The applicant agrees to comply with minimum setback requirements for the solar array system in the event the property owner decides to sell one of the two existing taxing parcels. 5. The applicant/property owner is responsible for the cost of constructing a rural designed street section and temporary turnaround for that segment of 72nd Street extending east of Laverne Avenue. The applicant must complete right-of-way permit and grading permit ap- plications for this street project. The City will issue both permits once the City receives all the required submittals for the community solar garden project. A financial guarantee in the minimum amount equal to 125 percent of the street construction project estimate must be provided to the City before issuing any building permit. 6. The property owner grants to the City, without cost to the City, a roadway easement over the temporary roadway turnaround located in the northwest corner of the 40 -acre parcel with the property identification number 12.027.21.24.0001. 7. The project must comply with the City's Solar Collector System Ordinance regulations. Prepared by: John McCool, AICP Senior Planner Attachments: CUP Application and Exhibits dated November 20, 2015 Decommissioning Pian dated November 20, 2015 Existing Conditions — Sheet C1.1 Site Plan, Grading, Drainage, Paving, & Erosion Control Plan — Sheet C2.1 Landscaping Plan — Sheet L2.1 Typical Community Solar Garden dated December 2, 2015 ECOPLEXUS INC. Cottage Grove, Minnesota APPLICATION FOR CONDITIONAL USE PERMIT November 20, 2015 L A N D F O R M From Site to Finish • • INTRODUCTION On behalf of Ecoplexus Inc., Landform is pleased to submit this application for a conditional use permit to allow for the construction of a community solar garden on approximately 80 acres located southwest of the intersection at County Road 22 (701h Street South) and County State Aid Highway 95 (Manning Avenue South) (PID # 120272124001 and 120272113001). Ecoplexus Inc. is proposing to develop a community solar garden as part of the Xcel Energy Community Solar Garden Program per Minnesota State Statute §21613.1641. The land will be leased from the property owner. Community solar gardens are low impact developments that allow individuals, businesses, schools and civic entities — known as "subscribers" — that have limited options to install their own on-site solar panels to purchase or "subscribe" to a portion or a "share" of the output from a given solar garden. This allows subscribers to purchase clean, renewable energy at a savings compared to their current utility bill, without making costly upfront investments in a solar system. Minnesota State Statute 272.0295 establishes a solar energy production tax for solar gardens that are larger than 1 Megawatt(MW). The facility is required to pay $1.20 per megawatt hour in taxes to the County in which the system is located. Property tax classification changes classification from 2a - Agricultural Land to Class 3a -Utility, which taxed at a higher rate. SITE PLAN The subject property is zoned Agricultural Preservation District (AG1) and guided Agricultural in the 2030 Cottage Grove Comprehensive Plan. The properties to the north, east and south are zoned AG1 and guided Agricultural; the properties to the west are zoned R4 and guided Single Family Residential. Section 11-4-10 of the Zoning Code allows Community Solar Gardens in the AG Zoning District on parcels greater than five acres within designated areas on the Solar Collection System Areas map, with the approval of a conditional use permit. The construction of a solar garden is compatible with the surrounding agricultural uses. We have prepared a site plan that complies with all of the requirements for the construction of a community solar garden at this site. Panel Configuration Solar panels will be mounted on 4-6 foot tall metal racking structures that area affixed to the ground using either driven posts or helical ground screws. These types of configuration require minimal ground disturbance and allows for stormwater infiltration under the panels. Electric Distribution Lines ESS`15014 L H N t) F O R M November 20, 2015 Project Narrative 2 Current Xcel protocol calls for a discrete set of "interconnection facilities" for each 1 megawatt garden (there will technically be five total gardens on the property). "Interconnection facilities" consist of a meter, air switch, and recloser, and provide the interface between the solar garden and the electrical grid. Please see the attached pictures showing what these facilities look like. Typically, these facilities, which are owned and maintained by the utility, are mounted on 1-3 utility poles arranged in a row. The garden operator will require their own identical set of interconnection facilities operating in parallel with the utility's facilities. Normally, interconnection facilities could be shared between all 5 megawatts; however, in order to comply with Minnesota statues and Public Utility Commission regulations that require each 1 megawatt garden to be able to operate independently of each other, Xcel is requiring unique interconnection facilities for each 1 megawatt block. Ecoplexus understands that Cottage Grove's preference is for all electrical lines and associated equipment to be buried underground, and is actively working with Xcel to fulfill this request. Given that Xcel has final jurisdiction over the interconnection scheme, the precise number and locations of electric distribution lines cannot be determined with any certainty, at this time. However, Ecoplexus will work with Xcel to attempt to ensure that all such lines and equipment are either buried underground or minimized to the extent possible, such as by hosting multiple pieces of equipment on a single pole. Landscaping Aerial photos show evergreen trees located on the neighboring parcels to the west of the site, providing nearby residents with high quality visual screening. A low -growing seed -mix combined with both native and pollinator species will be used between and underneath the arrays to facilitate stormwater infiltration and to help incorporate the overall facility into the landscape. Vegetation will be maintained by crews on an as -needed basis. The site is currently a cleared field; however, there are a minimal number of trees that remain and may be impacted by solar panel placement. A tree survey has been included with the plans. Surface Water Drainage A report regarding stormwater management was submitted to the South Washington Watershed District for their review and comments on 11/30/2015. Solar panels that have underground vegetation produce little to no increase in water volume runoff on site or to surrounding properties. Access We are working with the City Engineer to improve 72nd Street South to provide access to the site. After construction, the site will require only minimal access throughout the year to maintain vegetation and to make repairs on panels. Interconnection Agreement ESS15014 L A N D F O R M November 20, 2015 Project Narrative 3 An interconnection agreement is pending approval from Xcel Energy. The utility is currently behind on processing applications and cannot provide a timeline in which the applications will be approved. Because current federal law incentivizes solar gardens that are constructed prior to the end of 2016, we would like to entitle the site at the same time Xcel processes the Interconnection Agreement, and would be amenable to providing the Interconnection Agreement as a condition of receiving the building permit. In the meantime, Ecoplexus is willing to provide a copy of the interconnection application, if requested to do so. Decommissioning Plan A decommissioning plan that outlines the anticipated means and cost of removing the system at the end of its serviceable life or upon the facility becoming a discontinued use is included with this application. The plan identifies the financial resources that will be available to pay for the decommissioning and removal of the system. Project Phasing There are no plans to phase the development of the garden. All 5 megawatts will be installed simultaneously over the course of the 3-4 month construction phase. CONDITIONAL USE PERMIT Cottage Grove permits the construction of a community solar garden in the AGI zoning district on sites over 5 acres upon approval of a Conditional Use Permit (CUP). Section 11-2-9 of the Zoning Ordinance provides 11 standards of evaluation to be considered in approving a conditional use permit. Our proposed plan addresses these standards as follows: The use will be in conformity with the City's Comprehensive plan and with the purpose, intent and applicable standards of this title. A community solar garden is consistent with the Comprehensive Plan's Land Use policy to encourage energy efficient design in all public and private construction as part of a goal to include environmental sustainability into all land use decisions and investments in infrastructure. Community solar gardens minimize impacts to the natural and cultural environments while investing in infrastructure to produce local clean energy sources. A community solar garden is also consistent with the purpose of the AG -1 district. Solar panels preserve and protect agricultural land for future use. The low impact nature of the development allows prime agricultural land to rest, and the seed mixes help enrich the soils. Unlike housing or other infrastructure, panels can be easily removed and allow land to be farmed after removal. ESS15014 L A N D F O R M November 20, 2015 Project Narrative 4 2. The use shall be located, designed, maintained and operated to be compatible with the existing or intended character of that zoning district in which it is located. The location, design, maintenance and operation of a community solar garden is consistent with the rural characteristics of the surrounding area The nature of a community solar garden requires the types of large tracts of open land found in the Agricultural Preservation District. Very few dwellings or buildings would be impacted by the visual characteristics of the site due to the distance between the residential uses and the placement of the panels shown on the site plan. The residential uses to the west are currently screened from property with fencing and a thick line of trees. The solar arrays are relatively low to the ground and would be consistent with the height of surrounding crops. The site will be planted with a low -growing, native; seed mix that will enhance the rural feel of the area. The facility will only require periodic maintenance and is essentially self-operating after construction. 3. The use shall not depreciate values of surrounding property. The use will not depreciate values of surrounding properties. The surrounding properties consist of agricultural tracts with few dwellings and buildings within view of the site. Solar gardens require minimal site impacts, do not produce emissions or pollutants, and have no detrimental effects on surrounding properties. The use is compatible with the rural development and farming operations of the Agricultural Preservation District. Solar arrays can be easily removed and do not negatively impact the soils, ensuring that the host property remains adaptable to new development. A solar garden is a very benign, innocuous land use. The facility will produce no odors, air emissions, or hazardous materials. Additionally, it will not produce any noises that are discernible beyond the interior of the facility. (The only component of the facility that will make any noise are the inverters, which produce a slight electrical "hum" that can be heard within an approximate radius of 100'.) After construction of the facility is complete, vehicular trips tolfrom the site will consist of a single pickup truck several times a year for routine maintenance. As such, the facility will produce effectively no traffic whatsoever during its operational life. Moreover, solar facilities are generally considered to be less invasive uses than even traditional agriculture, given that farming can create nuisances in the form of dirt kicked up by tractors, odors from fertilizer application, and migration of pesticides and herbicides from the soil into the groundwater. ESS15014 L A N D F O R M November 20, 2015 Project Narrative 5 Regarding land values, negative impacts to property values are typically associated with certain types of nuisances, including noise, oder, traffic, and hazardous materials. Ecoplexus has commissioned a licensed real estate appraiser to perform a number of "matched pair analyses" for its proposed solar developments in North Carolina. Like Minnesota, North Carolina features dozens of 5 megawatt solar facilities sited on semi -rural and peri -urban land, often at the periphery of municipalities, and usually situated near some degree of residential development. Matched pair analyses evaluate prices for nearly identical homes, with the main difference between that one set of homes is adjacent to a solar farm while the others are not. The analyses also look at sales prices of the same homes before and after construction of the facility. None of the analyses produced any evidence of deleterious impacts on property values due to the presence of the solar facility. This is due to the fact that solar produce none of the types of nuisances -- noise, odor, traffic, or hazardous materials -- that are associated with land uses thought to have a negative impact on property values. 4. The use shall not be hazardous, detrimental or disturbing to present and potential surrounding land uses due to noises, glare, smoke, dust, odor, fumes, water pollution, vibration, general unsightliness or other nuisances. The proposed community solar garden will not be hazardous, detrimental or disturbing to present and potential surrounding land uses due to noises, glare, smoke, dust, odor, fumes, water pollution, vibration, general unsightliness or other nuisances. The proposed solar garden will not produce smoke, dust, odors, fumes, vibration or significant amounts of glare. The only noise generated by any of the solar garden components is an electrical "hum" produced by the inverters, which can be heard within a radius of approximately 100 feet. Given that the required setback is 100 feet from residential properties and the inverter will be located in the interior of the panels, no noise from the solar garden will be audible by adjoining properties. Additionally, solar panels utilize specialized glass that is designed to absorb, rather than reflect, light; as such, the amount of reflectivity produced from the facility will be significantly less than that of a lake or body of water. 5. The use shall generate only minimal vehicular traffic on local streets as defined by the transportation element of the comprehensive plan. The use shall not create traffic congestion, unsafe access or parking needs that will cause inconveniences to the adjoining properties. The use will generate only minimal vehicular traffic on local streets and will not create traffic congestion, unsafe access or parkiing needs that will cause inconveniences to the adjoining properties. Solar gardens do not increase traffic or demands from increased population. ESS15014 L A N D F O R M November 20, 2015 Project Narrative 6 Ecoplexus is proposing to provide access by extending 7201 Street to the northwest corner of the site. The extension will be constructed in accordance with municipal design standards. Additionally, the project will enhance public utility infrastructure by providing a renewable electricity source. 6. The use shall be served adequately by essential public services, such as streets, police, fire protection and utilities. The use will be adequately served by essential public services, such as streets, police, fire protection and utilities. The use will not introduce any additional demand on existing public facilities and utilities, or essential services. Solar gardens do not require services related to roads and public facilities, as they do not increase traffic or demands from increased population. The project will enhance public utility infrastructure by providing a locally produced, renewable electricity source. The use shall not create excessive additional requirements at public cost for public facilities and services and shall not be detrimental to the economic welfare of the city. A community solar garden will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the City. Allowing for a community solar garden supports the development of renewable energy that would directly support local energy use and the environmental health of the community by reducing air pollution from coal power plants that contribute to asthma and lung damage, as well as arsenic, lead, cadmium, and other toxic heavy metals that increase incidences of brain damage, cancer, and birth defects. 8. The use shall preserve and incorporate the site's important natural and scenic features into the development design. The use will preserve and incorporate the site's important natural and scenic features into the development design. In addition, the long-term, static nature of the solar garden allows the soil to rest for an extended period of time, and beneficial nutrients and microorganisms that are diminished as a result of intensive farming to reestablish themselves. A low growing seed mix that incorporates pollinator friendly -plant species will enhance the rural feel of the landscape. ESS15014 L A N D F O R M November 20, 2015 Project Narrative 7 9. The use shall cause minimal adverse environmental effects. A community solar garden will cause minimal adverse environmental effects. The presence of vegetation on the site will decrease the amount of runoff currently generated by existing agricultural uses, reducing overall runoff and actually improving water quality. The panels are non-toxic and do not produce any emissions or contribute any other particulate matter to the environment that would influence the environmental quality of the City. 10. The use shall not adversely affect the potential development of adjacent vacant land. The use will not adversely affect the potential development of adjacent vacant lands. The low intensity use is easily removed and does not impact soils or other natural resources, making adjoining properties adaptable to new development. Development on surrounding land would not be impacted by the facility, as it will not produce noise, is non-toxic and operates safely. Because the arrays are low to the ground, future developments could incorporate landscaping and screening into their site design if they did not care to view the panels from their property. 11. In case of floodplain applications, the following items shall be considered in addition to the aforementioned criteria: There are no floodplains on site. SUMMARY We look forward to working with the City of Cottage Grove to facilitate the construction of a clean -energy producing community solar garden. We respectfully request that this item be placed on the December 21, 2015 Planning Commission meeting and the January 20, 2015 City Council meeting. CONTACT INFORMATION This document was prepared by: Landform 105 South Fifth Street, Suite 513 Minneapolis, MN 55401 Any additional questions regarding this application can be directed to Mary Matze at mmatze@landform.net or 612.638.0227. ESS15014 L A N D F O R M November 20, 2015 Project Narrative 8 ecplexus Decommissioning Plan For COTTAGE GROVE, MINNESOTA NOVEMBER 20, 2015 NOV ? 0 4010 CITY CITY . eceptexus Decommissioning Plan Disclaimer This Decommissioning Plan has been prepared by Ecoplexus for the purpose of assisting with decisions related to the development of a proposed solar photovoltaic project and shall not be: (a) used for any other purpose; or (b), provided to, relied upon, or used by any third party. This report contains opinions, conclusions, and recommendations made by Ecoplexus, using its professional judgment and reasonable care. Any use of or reliance upon this report is subject to the following conditions: • The plan being read as a whole, with sections or parts hereof read or relied upon in context. • The conditions of the site may change over time (or may have already changed) due to natural forces or human intervention, and Ecoplexus takes no responsibility for the impact that such changes may have on the accuracy or validity of the observations, conclusions, and recommendations set out in this plan. • The plan is based on information readily available to Ecoplexus and will be revised based upon final construction and site conditions as needed. E Decommissioning Plan — Cottage Grove, Minnesota Table of Contents Commissioning Plan Disclaimer...................................................................................................................2 1. Introduction..............................................................................................................................................4 1.1 Project Description...............................................................................................................................4 1.2 Solar Energy System Use Permit Requirements —Unified Development Ordinance (LIDO -1-2013).4 1.3 Purpose of Report .................... —........................................................................................................ 4 2. Decommissioning After Ceasing Operation..............................................................................................6 2.1 Equipment Dismantling and Removal.................................................................................................6 2.1.1 PV Modules..................................................................................................................................6 2.1.2 Electrical Equipment, Buildings and Foundations........................................................................7 2.1.3 Roads, Parking Area and Substation Yard....................................................................................7 2.1.4 Other Components......................................................................................................................7 2.2 Site Restoration...................................................................................................................................7 2.3 Management of Wastes and Excess Materials...................................................................................8 2.4 Emergency Response and Communications Plans....................................................................::.......8 2.4.1 Fire...............................................................................................................................................9 2.4.2 Personal Injury.............................................................................................................................9 2.4.3 Spills ............................................................................................................................................. 9 2.5 Decommissioning....................................................... .................... ................................................... 10 3. Decommissioning During Construction (Abandonment)..................................................::..:.................12 3.1 Equipment Dismantling and Removal...............................................................................................12 3.2 Site Restoration.....................................................................—..........................,..............................12 3.3 Management of Wastes and Excess Materials.................................................................................12 3.4 Emergency Response and Communications.....................................................................................12 4. Restoration of Land Negatively Affected by the Facility.........................................................................13 3 1. Introduction 1.1 Project Description The Ecoplexus Cottage Grove Solar Energy Project (the "Project") is a five megawatt (MW) (AC) solar photovoltaic facility sited on an approximately 80 acre parcel located at southwest of the intersectiotion at County Road 22 (70"' Street South) and County State Aid Highway 95 (Manning Avenue South). The Parcel Numbers are 120272124001 and 120272113001. The parcel is owned by Steven and Kathleen Geis, and is currently being used for agriculture. The subject property is zoned Agricultural Preservation District (AGI) and guided Agricultural in the 2030 Cottage Grove Comprehensive Plan. The properties to the north, east and south are zoned AG1 and guided Agricultural; the properties to the west are zoned R4 and guided Single Family Residential. Aerial photos show evergreen trees located on the neighboring parcels to the west of the site, providing nearby residents with high quality visual screening. The Project is a renewable energy generation facility, which will use solar photovoltaic technology to generate electricity. Electricity generated by solar photovoltaic panels will be converted from direct current (DC) to alternating current (AC) by inverters and then stepped-up (via pad -mounted inverter transformers and a main substation transformer) to a voltage of 34.5 kV prior to being connected to the existing local distribution line Construction of the Project is estimated to begin in late spring or early summer of 2016, and is anticipated to require approximately four months to complete, with Project commissioning anticipated prior to the end of 2016. It is expected that the Project will be operational for at least the duration of 30 years, after which it may be decommissioned if no arrangement forfurther use is determined. 1.2 Conditional Permit Requirements Section 11-4-10 E of the Cottage Grove Zoning Ordinance requires a decommissioning plan be submitted with all applications for a community solar garden. 1.3 Purpose of Report This Report explains how the Project developer proposes to restore the Project Location' to a clean and safe condition at the end of the Project. This includes retiring the elements of the renewable energy generation facility, restoring the land and water, and managing the excess materials and waste Section 2 of the report describes the decommissioning plan upon the completion of the Project's operation. Section 3 describes the decommissioning plan if Project abandonment takes place during construction and prior to operation of the Project. Section 4 provides the activities to be completed in order to restore the land to pre -construction conditions. 4 "Project Location" means, when used in relation to a renewable energy project, apart of land and all or part of any building or structure in, on or over which a person is engaging in or proposes to engage In the project and any air space in which a person is engaging in or proposed to engage in the project 2. Decommissioning After Ceasing Operation Figure 2.1 depicts the site plan and the proposed Project facilities. It is anticipated that the Project equipment will have a useful lifetime of at least 30 years, which can be extended significantly beyond this timeframe with proper maintenance, component replacement, and repowering. For this section of the Plan, it is assumed that the Project will be decommissioned after 30 -years, and that the process of decommissioning will take 6 months or less. The Contractor of the Project will ensure that the entire Project Location is restored backto its pre -construction condition (successional vegetation land use or as may be appropriate at that time) and thatthe decommissioning is conducted in accordance with the applicable local, state, and federal requirements. During decommissioning, mitigation measures similar to those used for a construction site (e.g. sediment and erosion controls) will be implemented and maintained by the Contractor and inspected by the Contractor's Environmental Site Inspector. The Contractor will be responsible for preparing and submitting environmental monitoring reports to the Contractor's Project Managerto ensure conformance with applicable regulatory requirements Overall, no significant adverse impacts to the environment are expected as a result of decommissioning the Project. 2.1 Equipment Dismantling and Removal All decommissioning and removal of electrical devices, equipment, and wiring/cabling will be conducted in accordance with local, state, and federal standards and guidelines. Any electrical decommissioning will include obtaining the required permits and following of appropriate lockout/tag out procedures before de -energizing, isolating, and disconnecting electrical devices, equipment, and wiring/cabling. 2.1.1 PV Modules There will be approximately 25,000 PV modules (TBD by final design). Each module contains 72 poly- crystalline solar cells. All modules will be disconnected, removed from the racks, packaged and transported to a designated location for resale, recycling, or disposal. If the modules are not to be reused in a different location, the glass and silicon are expected to be reclaimed and the aluminum frames recycled. Any disposal or recycling will be done in accordance with local by-laws and requirements. The connecting underground cables and the junction boxes will be de -energized, disconnected and removed. The panel racking system supporting the modules will be unbolted and disassembled by laborers using standard hand tools, possibly assisted by a small portable crane. The vertical steel posts supporting the racks and all steel support piles (driven orscrewed) will be completely removed by mechanical equipment and transported off-site for salvage or reuse. Any demolition debris that is not salvageable will be transported by truckto an approved disposal area. Other salvageable equipment and/or material will be removed from the site for resale, scrap value, or disposal, depending on market conditions. 6 2.1.2 Electrical Equipment, Buildings, and Foundations All decommissioning of electrical devices, equipment, and wiring/cabling will be in accordance with local, municipal, provincial and federal agencies standards and guidelines. Any electrical decommissioning will include obtaining the required permits, and following lockout/tag out procedures before de -energizing, isolating, and disconnecting of electrical devices, equipment, and wiring/cabling. Decommissioning will require dismantling and removal of the electrical equipment, including inverters, transformers, underground cables and overhead lines, the prefabricated inverter enclosures, and any electrical switchgear. The equipment will be disconnected and transported off-site by truck. The larger slab -on -grade concrete foundations and support pads will be broken up by mechanical equipment (backhoe -hydraulic hammer/shovel, jackhammer), loaded onto dump trucks and removed from the site. Smaller pre -cast concrete support pads will be removed intact by cranes and loaded onto trucks for reuse or be broken up and hauled away by dump trucks. Prior to removal of the transformers, the oil will be pumped into a separate industry -approved disposal container and sealed to prevent any spill during storage and/or transportation. Equipment and material may be salvaged for resale or scrap value depending on the market conditions. 2.1.3 Roads, Parking Area and Maintenance Building Unless retained for other purposes, all access roads, the parking area and the maintenance building will be removed to allow for the complete restoration of these areas. Typically, any granular base covering these areas would be removed using a wheel loader to strip off the material and dump trucks to haul the aggregate to a recycling facility or approved disposal facility. The underlying subsoil, if exhibiting significant compaction beyond what originally existed) will then be diced using a tractor and disc attachment to restore the soil structure and to aerate the soil. Clean topsoil would be imported on-site by dump truck, replaced over the area and leveled to match the existing grade if appropriate. Depending upon the time of year and the planned use of the land, the area will be seeded with native grass species for the purpose of erosion control. 2.1.4 Other Components Unless retained for other purposes, removal of all other facility components from the site will be completed, including but not limited to surface drains, culverts, and fencing. Anything deemed usable shall be recovered and reused. All other remaining components will be considered as waste and managed according to local, state, and federal requirements. For safety and security, the security fence will likely be the final component dismantled and removed from the site. 2.2 Site Restoration The Project doesn't include any permanent changes to the original use of the land. Therefore, it will be possible to restore the site to its pre -construction condition by ensuring: FA Site cleanup followed by general surface grading and, if necessary, restoration of surface drainage swales, ditches, and tile drains (if present). Any excavation and/or trenching caused by the removal of building or equipment foundations, rack supports and underground electrical cables will be backfilled with the appropriate material and leveled to match the ground surface. The roads and parking areas will be removed completely, filled with suitable sub -grade material and leveled. Any compacted ground will be tilled, mixed with suitable sub -grade materials, and leveled. Prepared soil with all the nutrients required for crops to grow will be spread as necessary. Native vegetation will be planted as appropriate to provide a rapid return of nutrients and soil structure, and protect against erosion. 2.3 Management of Wastes and Excess Materials All waste and excess materials will be disposed of in accordance with local, state, and federal regulations. Waste that can be recycled under municipal and/or private recycling programs will be recycled accordingly. Waste cannot be recycled and requires disposal will be disposed of in a state licensed facility by a properly licensed hauler. It is not anticipated that hazardous waste requiring special disposal will be generated, with the exception of the transformer oil, which shall be disposed of in accordance with local, state, and federal requirements. 2.4 Emergency Response and Communications Plans The following describes the Project Emergency Response and Communications Plan as it pertains to the decommissioning phase of the Project. As noted in Section 2.5, prior to initiating any decommissioning activities, the Contractor will notify the local authorities, public, and relevant government agencies of the Contractor's intent to decommission the Project. During decommissioning, the Contractor will coordinate with the local authority, public, and others as required, providing them with information about the ongoing activities. Besides regular direct/indirect communication, a sign will be posted at the gate of the facilitywhich will include the Contractor's contact information (telephone number, e-mail, and mailing address) should the public have any questions, inquiries, or complaints. All inquiries will be directed to the Contractor's Project Manager who will respond to the inquiry accordingly, Three potential emergency scenarios, including fire, personal injury, and spills, are discussed with regard to the emergency response and communications procedures to be used. In the event of an emergency, 0 the Contractor will mobilize its resources to the site to respond to the event. All Project personnel will be trained in the emergency response and communications procedures. 2.4.1 Fire Fire extinguishers will be located in strategic locations such as Projectvehicles and the construction trailer. A sign will be erected near the front gate of the facility; the sign will include instructions to call both 911 and the Project phone number, should a passerby notice an emergency. If a fire occurs, Project personnel will attempt to extinguish it, only if it is safe to do so. If there is any risk of personal injury, extinguishing the fire will not be attempted. If a fire cannot be extinguished using the hand-held extinguishers, the Project area will be evacuated and Project personnel will immediately call 911 to summon the local fire department (and ambulance if required). Project personnel will notify inhabitants at all adjacent properties if the fire appears able to move off of the Project site. All staff on site during the life of the Project will be trained In the procedure to deal with a fire and the use of an extinguisher. All incidents will be documented and kept on file. Documentation will include date of incident; date of reporting; name of reporter; description of the incident; cause of the incident; actions taken; communications to outside groups and internal personnel; and follow-up required. 2.4.2 Personal Injury Duringthe decommissioning phase, work will be completed by a licensed Contractorwho will establish its own Health and Safety program. Should a personal injury occurthat does not require an ambulance, the injured workerwill be treated on- site and, if necessary, transported to the hospital. First-aid supplies and maps to the local hospitals will be kept in the construction trailer. If the injury is more severe, the Contractor will call 911 and assist the injured worker until emergency personnel arrive. In all cases of personal injury, the Project Construction Manager and the Project Facility Manager will be notified immediately. All incidents will be documented and kept on file. Documentation will include date of incident; date of reporting; name of reporter, name of injured; description of the incident; cause of the incident; actions taken; communications to outside groups and internal personnel; and follow-up as required by Health and Safety Regulations. 2.4.3 Spills Spills are the unintended release/discharge of material to air, land, or water. The most likely decommissioning spill scenarios include: the release of sediments into water bodies, sewage from portable washrooms, and hazardous materials (e.g., compressed gases and petroleum hydrocarbons) from containers or vehicles. 9 Should as pi I I occur, the following will be implemented: • Evaluate the scene for risks to human health and safety. • Stop the spill, if it is safe to do so. • If there is immediate danger to human health, contact 911 for assistance, and notify anyone who may be directly impacted or is in harm's way. • Notify the Contractor's Site Manager and if applicable, the Project Facility Manager. • Contain and clean-up the spill using on-site spill kit. • If required, contact outside spill response contractorfor assistance. • Document and report the spill to outside agencies, as required. Aspill kitwill be available on-site duringthe decommissioning phase and will contain equipment necessary for spills response. This will include absorbent pads; an absorbent broom; polyethylene bags; neoprene gloves; protective goggles; plastic bins or metal drums; and multipurpose granular sorbents. Spills that could potentially occur during the life of the Project, and may need to be reported include: • Non -approved releases/discharges (including those to air, land, and water). • Discharge of fluids greater than 10 gal from a vehicle. • Mineral oil releases greater than 10 L from an electrical transformer. • Discharges (including sediment) into water bodies. 2.5 Decommissioning Notification Prior to initiating any decommissioning activities, the Contractor will notify the local authorities (to include Currituck County and the local fire department), the public, and other relevant parties of the Contractor's intent to decommission the Project. 10 Preliminary Site Plan — Cottage Grove, Minnesota 11 3. Decommissioning During Construction (Abandonment) In the event that construction and associated work is not completed, all equipment, foundations, and imported material (including roads) will be removed from the site in accordance with applicable municipal, state, and federal requirements. The process of decommissioning the Project is assumed to take approximately 3 months, but could be less depending upon what stage of completion the Project is at prior to decommissioning. 3.1 Equipment Dismantling and Removal Equipment dismantling and removal will be determined according to the activities completed and components installed at the time of Project cancellation. Therefore, the plan and related activities as outlined in Section 2.1 will be the same activities implemented if the Project were to be abandoned prior to commencing operations. 3.2 Site Restoration Site restoration will be determined according to site development to date. Therefore, the plan and related activities as outlined in Section 2.2 and Section 4 will be the same activities if the Project were to be abandoned prior to commencing operations. 3.3 Management of Wastes and Excess Materials Management of waste and excess material will be determined by activities completed and components installed at the time of abandonment. Therefore, the plan and related activities as outlined in Section 2.3 will be the same activities if the Project were to be abandoned priorto commencing operations. 3.4 Emergency Response and Communications The same procedure described in Section 2.4 will be followed if the Project is to be abandoned prior to commencing operations. 12 4. Restoration of Land Negatively Affected by the Project Following decommissioning of the Project, if any lands are negatively affected by the Project, the Contractor is committed to restoring the site as close to its pre-construction state as feasible. The following actions are anticipated to restore the site to its pre-construction state: • All equipment, foundations and imported material (including roads) will be removed from the site in accordance to applicable local, municipal, provincial and federal guidelines and regulations. • If applicable, damage to existing tile drains (if found to be present on the site) caused by the Project will be repaired/restored. • Any excavation and/or trenching caused by the removal of building or equipment foundations, rack supports, and underground electrical cables will be backfilled with the appropriate material and leveled to match the ground surface. • Should the subsoil be negatively affected and compromise the future productive use of the land, the following will be implemented: first, the topsoil will be removed and stockpiled. 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