HomeMy WebLinkAbout2016-03-16 PACKET 04.I. REQUEST OF CITY COUNCIL ACTION COUNCIL AGENDA
MEETING ITEM # �
DATE 3/16/16 .��
PREPARED BY: Community Development Jennifer Levitt
ORIGINATING DEPARTMENT STAFF AUTHOR
* * * * * * * * * * * * * * * * * * * * * * * * * * * � � * * * * * * * * * * * * * * � * * * *
COUNCIL ACTION REQUEST:
Consider adopting a resolution approving a conditional use permit for construction of a
community solar garden on approximately 37.7 acres of land located south of 70th Street
(CSAH 20) and east of Lamar Fields.
STAFF RECOMMENDATION:
Approve the request.
BUDGET IMPLICATION: $N/A $N/A N/A
BUDGETED AMOUNT ACTUAL AMOUNT FUNDING SOURCE
ADVISORY COMMISSION ACTION:
DATE REVIEWED APPROVED DENIED
� PLANNING 2/22/16 ❑ � ❑
❑ PUBLIC SAFETY ❑ ❑ ❑
❑ PUBLIC WORKS ❑ ❑ ❑
❑ PARKS AND RECREATION
❑ HUMAN SERVICES/RIGHTS ❑ ❑ ❑
❑ ECONOMIC DEV. AUTHORITY ❑ ❑ ❑
❑ ❑ ❑ ❑
SUPPORTING DOCUMENTS:
� MEMO/LETTER: Memo from John McCool dated 3/10/16
� RESOLUTION: Draft
❑ ORDINANCE:
❑ ENGINEERING RECOMMENDATION:
❑ LEGAL RECOMMENDATION:
� OTHER: Excerpt from unapproved minutes of 2/22/16 Planning Commission meeting
ADMINISTRATOR'S COMMENTS:
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��- City Administrator ate
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COUNCIL ACTION TAKEN: ❑ APPROVED ❑ DENIED ❑ OTHER
Cottage
/ Grove
�he�e Pride andP�OSPerity Meet
TO: Mayor and Members of the City Council
Charlene Stevens, City Administrator
FROM: John McCool, Senior Planner
DATE: March 10, 2016
RE: CGSun, LLC — Proposed Community Solar Garden Conditional Use Permit
Proposal
CGSun, LLC has applied for a conditional use permit application for the proposed construction
of a community solar garden on approximately 37.7 acres of land located south of 70th Street
(CSAH 20) and east of Lamar Fields. The property is owned by Keith and Bonnie McHattie. The
illustration below shows the location of the 37.7 acres proposed for the four mega-watt commu-
nity solar garden.
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Location Map
Review Process
Application Received: January 27, 2016
Acceptance of Completed Application: January 26, 2016
Tentative City Council Date: March 16, 2016
60-Day Review Deadline: March 26, 2016
Honorable Mayor, City Council Members and Charlene Stevens ;
CGSun, LLC. —Community Solar Garden CUP Application �I
March 10, 2016
Page 2 of 10
Planning Commission Review I
�
The Planning Commission held a public meeting on February 22, 2016, for the proposed four ,
mega-watt community solar garden on approximately 37.5 acres of land located east of Lamar
Field. City staff presented a summary of the proposed solar project at the public hearing. The �
applicant was in attendance and orally agreed with all the conditions in the planning staff report.
No written or other oral comments for or against the project was received at the public hearing.
The Planning Commission unanimously (8-to-0 vote) recommended that the City Council ap- �
prove CGSun, LLC's conditional use permit application, subject to the conditions listed in the '
draft resolution. An excerpt from the unapproved minutes of Planning Commission meeting on ,
February 22, 2016 is attached. '
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 (photovol- I
taic) 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." '
CGSun, LLC is proposing to develop a community solar garden as part of the Xcel Community ,
Solar Garden Program, as regulated by Minnesota Statutes 216B.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 i
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.
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The City's solar collector system ordinance for community solar garden systems requires the fol- '
lowing: �
• 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 I,
system ordinance. '
• The system is located on a minimum of five acres of land.
• Applicant provides a de-commissioning plan to the City. '
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• A building permit is obtained from the City.
• The standards and regulations contained in the solar collector system ordinance are complied ;
with.
�
Honorable Mayor, City Council Members and Charlene Stevens
CGSun, LLC. —Community Solar Garden CUP Application
March 10, 2016
Page 3 of 10
The applicant's responses to the conditional use permit criteria was filed with the City as Exhibit
C in their planning application submittal. A copy of their responses is attached.
Community Solar Garden Project
CGSun, LLC is proposing a four mega-watt community solar garden on 37.7-acres of land that
will be leased from the property owner. The property will be fenced for security and safety rea-
sons. The fence is proposed to be a black vinyl chain-link fence six feet in height. An illustration
of the fence is shown below.
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Proposed Security Fence
Each solar module is composed of multiple panels. The modules will be attached to the ground
surface using a fixed racking system. Each row of modules will be spaced approximately 15 feet
apart and reach about 8.5 feet in height. The system is made of steel vertical posts installed di-
rectly into the ground without the use of concrete foundations. Each post will penetrate approxi-
mately 9 to 12 feet into the ground. These types of ground-mounted systems allow stormwater
infiltration under the solar panels and minimized ground disturbance. The solar arrays are rela-
tively low to the ground. The ground beneath and around the solar collector panels will be
seeded with a low-growing native seed mix that will only require periodic maintenance.
The primary raw materials used in the solar panels consist of but not limited to aluminum, glass,
silicon, trace amounts of phosphorous, boron, silver, and copper. The solar modules are Under-
writer Laboratories (UL) listed and approved for use by the National Electrical Code (NEC). The
panels are dark blue, absorbing as much light as possible in order to convert it into electrical
energy. They are coated with an anti-reflective technology to enhance their ability to capture
sunlight. Illustrations of the ground mounted systems and solar arrays are shown below.
Honorable Mayor, City Council Members and Charlene Stevens
CGSun, LLC. —Community Solar Garden CUP Application
March 10, 2016
Page 4 of 10
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Solar Panel Illustration
An interconnection consists of electric meters, air switches, inverters, transformers, and a main
substation transformer. These facilities 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.
At this time, the applicant believes the conveyance of electric energy generated by the commu-
nity solar garden will be four interconnection facilities centrally located within the solar panel
array field. The utility company's electric distribution line is located along the north side of 70th
Street. City ordinance requires all interconnection lines to be installed underground. The appli-
cant understands that all electrical lines must be underground. 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 garden
property, 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
Honorable Mayor, City Council Members and Charlene Stevens
CGSun, LLC. —Community Solar Garden CUP Application
March 10, 2016
Page 5 of 10
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.
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Proposed Site Plan
The applicant does not propose to remove any existing trees along the perimeter of the 37.7-
acre site.
Planning Considerations
Property Characteristics
The property is zoned Agricultural Preservation (AG-1) but the property owner does not partici-
pate in the Metropolitan Agriculture Preserve Program.
Honorable Mayor, City Council Members and Charlene Stevens
CGSun, LLC. —Community Solar Garden CUP Application
March 10, 2016
Page 6 of 10
The 37.7 acres of land (PIN 12.027.21.21.0001) is owned by Keith and Bonnie McHattie. The
site's topography is relatively flat to moderate slopes. Most of the 37.7 acres is farmed for crop
production. An aerial photograph of the 37.7-acre site is shown below.
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2013 Aerial View of the 37.7 Acre Site�
Agricultural uses exist on the north, east, and south sides of the site. Lamar Fields, which is a
City park, is located west of the proposed community solar garden site. Residential uses (Old
Cottage Grove neighborhood) are located to the southwest. Trees exist along the east common
boundary.
Transportation/Access
The only public access for this 37.7-acre site is along 70th Street (County State Aid Highway
20), which is under Washington County's jurisdiction. There is an existing 50-foot wide highway
easement along the north boundary of this parcel. The north boundary is the north section line
of Section 12, Township 27 North, Range 21 West, which appears to be the centerline of the
70th Street roadway. The 100-foot minimum front yard setback will be measured from the south
line of this 50-foot wide highway easement or approximately 150 feet from the centerline for
70th Street.
The applicant's site plan shows a new private access drive connection at the northwest corner
of their proposed community solar garden facility. This proposed access driveway is approxi-
mately 375 feet from the northwest corner of the 37.7-acre site. Because 70th Street (CSAH 20)
is Washington County's jurisdiction, they recommend that the private access drive should be at
the northeast corner of the property. The reason for this location is because of the one-quarter
mile spacing requirements for roadway connections along major collector roadways. In the fu-
ture, if a new public roadway is proposed to connect to this County roadway, the County will re-
i
Honorable Mayor, City Council Members and Charlene Stevens ��'
CGSun, LLC. —Community Solar Garden CUP Application �
March 10, 2016 �
Page 7 of 10
quire it to be at the northeast corner of the site. The County also requires that a Washington
County Access Permit be issued by their Public Works Department for this private access ,
driveway connection. A County Right-of-Way Permit will also be required for any work (i.e. utili- '
ties, grading, etc.) within the County right-of-way.
�
A copy of Washington County Public Works Department's letter dated February 16, 2016, is
attached. I
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Metropolitan Urban Service Area (MUSA) ;
The 37.7-acre site is located outside the MUSA. The Future Vision 2030 Comprehensive Plan and i
Future Land Use 2030 map designates the area east of Lamar Fields and Old Cottage Grove as
an agricultural land use. City utilities are not planned to be extended east of Lamar Fields or Old ,
Cottage Grove for several decades. ',
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Decommissioning Plan '
The applicant has prepared a decommissioning plan with their conditional use permit application ',
submittal. This plan is identified as Exhibit E: Decommissioning Plan, and a copy is attached to 'I
this planning staff report. �
This 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 is pro-
posed to be completed within nine months of the commencement of decommissioning. City or-
dinance requires that decommissioning must begin within 90 days of the system's service life or
if the system becomes a discontinued use. '
The plan describes the removal of all above ground electrical interconnection, distribution ca- �
bles, transformers, and inverters. The racking, support posts, and fencing will then be removed.
It is logical that all electrical equipment, buildings, and foundations will also be removed from the '
site. Lastly, the site will then be harrowed and seeded to return it substantially to its condition as
an agricultural field as it was prior to the installation.
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The plan includes a cost estimate for decommissioning the entire community solar garden facili-
ties. The total decommissioning cost estimate is $89,000. The applicant proposes to provide 20
percent of the total project decommissioning cost by year ten with increases over time until it '
reaches 100 percent for year twenty of operation. The City Ordinance requires that the applicant
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. This financial guarantee must be sub-
mitted to the City before a building permit will be issued by the City.
As a condition of approval for this conditional use permit application, the applicant's
decommissioning plan must be modified to comply with the ordinance regulations. ;
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Property Taxes
The 37.7-acre site is zoned AG-1, Agricultural Preservation, and is currently being used for agri-
cultural crop production. Minnesota State Statute 272.0295 establishes a solar energy produc- ;
tion 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 classifica-
tion changes from agricultural land to Class 3a-Utility, which is taxed at a higher rate.
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Honorable Mayor, City Council Members and Charlene Stevens
CGSun, LLC. —Community Solar Garden CUP Application
March 10, 2016
Page 8 of 10
Stormwater Management Plan
The applicant has not yet prepared a stormwater management plan for this project. SurFace wa-
ter runoff from all impervious surFaces is not expected to significantly alter existing drainage
patterns on this parcel. The applicant is required to prepare a stormwater management plan and
submit it to the City and South Washington Watershed District for review and comment. This
plan must be approved before the City will issue the building permit for the proposed community
solar garden project.
City Department Review and Comments
Representatives from various City Departments reviewed the applicant's conditional use permit
application. The Building Division reviewed the conceptual development plans and is unable to
provide comments regarding building code regulations until such time that all detailed construc-
tion plans are submitted to their office.
The Public Safety Department (Police and Fire Divisions) and Public Works Department pro-
vided no formal comments other than their support to require all new electric power lines to be
installed underground.
The Parks Department reported that the 37.7-acre site has in the past been thought to be a logi-
cal site to expand the adjoining Lamar Fields complex in the future. An illustration of this future
park expansion is shown below.
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Future Lamar Field Expansion—Conceptual Illustration
The Parks Department is not prepared to purchase the property at this time, but is concerned
that if the community solar garden facility is constructed and leased for 25 to 30 years, their fu-
ture park expansion plans will be delayed for that same period of time. The Parks Department is
requiring that the applicant plant two groups of Blackhill Spruce trees along the west side of the
Honorable Mayor, City Council Members and Charlene Stevens
CGSun, LLC. —Community Solar Garden CUP Application
March 10, 2016
Page 9 of 10
solar garden facility to mitigate any glare or reflection from the solar garden facilities that might
be detrimental to recreation activities at Lamar Field. The windrow of trees within both buffer
areas are required to be a minimum of ten feet from the 37.7-acre parcel's west property line.
The Blackhill Spruce trees are required to be a minimum of eight feet in height and spaced 15
feet apart. Lamar Field's east property line and the solar garden's west security fence are ap-
proximately 375 feet apart. If glare is a problem for recreation activities in Lamar Field, the
applicant will be required to add additional trees or install a privacy fence to mitigate the glare.
An illustration showing the location of the Blackhill Spruce tree buffers is shown below.
_
Proposed —� _ _ _ _ _
j Access � /' Site Boundary ,
MV Meter Pad 70th St /
� and P01 � � �
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500 KW Inverter —"—'—�'� 'i"'—"— �
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No comments or recommendations were received from other advisory commissions.
Public Hearing Notices
The public hearing notice was published in the South Washington Bulletin and mailed to 23
property owners within 500 feet of the 37.7-acre site on February 10, 2016.
i
Honorable Mayor, City Council Members and Charlene Stevens �
CGSun, LLC. —Community Solar Garden CUP Application ,
March 10, 2016
Page 10 of 10
Recommendation
That the Cit Council acce t the Plannin Commission's recommendation a �
Y p g pproving CGSun ;
LLCs condiional use permit to construct a community solar garden with the capability to gener- ;
ate up to four megawatts of electricity as shown on the site plan prepared by SunShare dated of '
February 18, 2016, subject to the conditions listed in the attached draft resolution.
Attachments:
CUP Application and Exhibits (dated January 22, 2016) ,
Applicant's Response to CUP Criteria — Exhibit C i
Decommissioning Plan — Exhibit E (dated January 22, 2016)
Preliminary Site Plan—Sheet PV-01 (dated January 22, 2016)
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RESOLUTION NO. 2016-XXX '
A RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR A i
FOUR MEGAWATT COMMUNITY SOLAR GARDEN ON A I
37.7-ACRE PARCEL OF LAND LOCATED EAST OF LAMAR FIELD
AND SOUTH OF 70TH STREET
WHEREAS, CGSun, LLC applied for a conditional use permit to allow a four mega-watt �
community solar garden on a 37.7-acre parcel of land located east of Lamar Field and south of !
70th Street, legally described below:
NE �/4 - NW1/4 EXC W 101 FT OF N 1108 FT SUBJ EASE, SECTION 12 TOWNSHIP '
027 RANGE 021, COTTAGE GROVE, WASHINGTON COUNTY, STATE OF �
MINNESOTA
WHEREAS, public hearing notices were mailed to property owners within 500 feet of the �
property and a public hearing notice was published in the South Washington County Bulletin; and '
WHEREAS, the Planning Commission held a public hearing on February 22, 2016; and �
,
WHEREAS, a planning staff report, which detailed specific information on the property and
the application request was prepared and presented; and
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WHEREAS, the public hearing was o�en for public testimony and no public testimony
was received; and I
WHEREAS, the Planning Commission unanimously (8-to-0 vote) recommended approval
of the application, subject to certain conditions listed below. �
NOW, THEREFORE BE IT RESOLVED, the City Council of the City of Cottage Grove, �I
Washington County, Minnesota, hereby approves CGSun LLC's conditional use permit to con-
struct a community solar garden with the capability to generate up to four megawatts of electricity
as shown on the site plan prepared by SunShare dated of February 18, 2016, to be located on
the property legally described above, subject to the following conditions: i
1. 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 70th Street (CSAH 20).
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2. 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 fi- i
nancial guarantee must be remitted to the City before a building permit will be i
issued.
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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 underground. The only exception, if necessary, is at the connection point '
Resolution No. 2016-XXX
Page 2 of 2
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where the community solar garden underground electric line needs to be con-
nected to the utility company's existing power pole/local distribution line. Details of ,
this interconnection between the community solar garden and the utility company's i
electric grid must be submitted to the City at the time the applicant files their �
building permit application with the City. ;
4. The project must comply with the City's Solar Collector System Ordinance regula-
tions.
5. All solar modules must setback a minimum of 100 feet from the south line of the
50-foot wide highway easement paralleling 70th Street (CSAH 20), which will be
approximately 150 feet from the centerline for 70th Street. ';
6. The private access driveway connection to 70th Street (CSAH 20) is required to
be located at the northeast corner of the 37.7-acre parcel. ,
7. A Washington County Access Permit must be issued by the Washington County
Public Works Department for the private access driveway connection and a County �
Right-of-Way Permit is also be required for any work (i.e. utilities, grading, etc.) ,
within the County right-of-way. '
8. A windrow of Blackhill Spruce trees are required to be planted in two groups lo-
cated east of the existing ballfields in Lamar Fields. Each windrow of trees must '
be a minimum of 10 feet from the 37.7-acre solar garden site, be a minimum of I
eight feet in height, and BE spaced 15 feet apart. If glare from the community solar
garden facility is a problem for the recreation activities in Lamar Field, the property
owner or the operator of the community solar garden will be required to plant ad- ,
ditional trees or install a privacy fence in order to mitigate the problem of glare from
the solar facility.
9. The applicant must prepare a stormwater management plan and submit it to the ;
City and South Washington Watershed District for review and comment. This plan !
must be approved before the City will issue the building permit for the proposed
community solar garden project. I
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10. The applicant's decommissioning plan must be modified to comply with City ordi- �
nance regulations.
Passed this 16th day of March 2016.
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Myron Bailey, Mayor
Attest:
Joe Fischbach, City Clerk
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EXCERPT FROM UNAPPROVED MINUTES OF THE '
FEBRUARY 22, 2016, PLANNING COMMISSION MEETING I
6.2 CGSun Solar Garden on 70th Street— Case CUP2016-006
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CGSun, LLC has applied for a conditional use permit to allow a community solar '
garden up to 4 MW on a 37.7-acre parcel of land located east of Lamar Fields and
south of 70th Street. �
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McCool summarized the staff report and recommended approval subject to the con- '
ditions stipulated in the staff report.
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Chuck Beisner, 609 South 10th Street, from SunShare stated that they agree with all ,
the recommended conditions from staff. '
Brittain opened the public hearing. No one spoke. Brittain closed the public �
hearing. ,
Fox made a motion to recommend that the City Council approve the conditional
use permit subject to the conditions listed in the staff report. Zopfi seconded.
Motion passed unanimously(8-to-0 vote).
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Washington
County
February 16, 2016
John Mc Cool, Senior Planner
City of Cottage Grove
7516 8014 Street South
Cottage Grove, MN 55016-3195
RE: CGSUN, LLC Solar Garden Site, City of Cottage Grove
Dear Mr. Mc Cool:
Public Works Department
Donald J. Thelsen, P.E.
Director
Wayne 14. Sandberg, P.E.
Deputy Director/County Engineer
Washington County has reviewed the CGSUN,LLC Solar. Garden site plan for a site (PIN
12.027.21.21.0001) along CSAH 22/ 70th Street in the City of Cottage Grove and offer the
following comments:
It is recommended that the private access be located along the eastern property line with
the understanding that this location will, in the future, become a full public street access
as identified on the draft access management plan for the City of Cottage Grove. The
City should carefully consider the configuration of a future public street at this location,
including implications for adjacent properties and any potential right-of-way dedication
needed at this time in support of a future public street connection.
• A Washington County Access Permit is required for the private access. A County Right
of Way Permit will be also be required if there is for any work (i.e. utilities, grading) within
the county right-of-way. The property owner should contact Carol Hanson, County Right -
of -Way Specialist (65143011313) for submittal of any permits.
We appreciate the opportunity to comment on this proposed development. If you have any
questions, please contact Ann at 651430-4362 or at Ann. puna-terwedo an-co.washinoton.mn.us.
Sin rely,
CarL4
Office Specialist
C: Ann Pung Terwedo, Washington County
Joe Gustafson — Washington County
11660 Myeron Road North, Stillwater, Minnesota 55082-9573
Phone: 651-430-4300 • Fax: 651-430-4350 • TTY: 651-430-6246
www.co.washington-mn.us
Equal Employment Opportunity / Affirmative Action
20i6
Share
:R TO CHOOSE
Conditional Use Permit Application
January 22, 2016
City of Cottage Grove
Planning Commission Request
Attention: John McCool, Senior Planner
12800 Ravine Parkway South
Cottage Grove, MN 55016
Dear John,
Attached you will find an application for a Conditional Use Permit (CUP) to construct a Community
Solar Garden within the City of Cottage Grove. The request is being made by CGSun LLC on behalf
of SunShare, LLC.
In 2013, Xcel Energy was directed by the State of Minnesota to obtain 1.5% of its energy from
solar by the year 2020. The development and operation of this Community Solar Garden will aid
Xcel Energy in complying with this requirement. SunShare, LLC is planning an up to 4 MW garden
that will allow Xcel ratepayers, including businesses, residents, government entities and
schools, in Cottage Grove to choose solar power and save money on their electricity bill.
The property has been identified and is under contract. The proposed site encompasses 37.70
acres and is currently used for agricultural purposes.
This property was chosen based on the following criteria:
• Consideration of applicable zoning and permit requirements;
• A willing property owner.
• Absence of topographic obstructions such as buildings, hills, vegetation, etc.;
• Proximity to 3 phase power and an interconnection to the Xcel Energy distribution grid.
The proposed Solar Garden meets all setbacks and requirements of the Zoning Code. The property
will be fenced for security and safety reasons. SunShare, LLC has also submitted the appropriate
applications to Xcel and other regulatory bodies.
The Cottage Grove Conditional Use Application, Fees, and required submittal materials are
attached along with several Exhibits describing, in detail, the Conditional Use Permit proposal. The
Exhibits included are as follows:
Exhibits to Application:
• Exhibit A: Cottage Grove Conditional Use Application Form
• Exhibit B: Introduction to Community Solar and SunShare
• Exhibit C: Conditional Use Application Requirements
SunShare,LLC
609 South 10'h Street, Minneapolis, MN 55404
Conditional Use Permit Application
• Exhibit D: Site Maps
• Exhibit E: Decommissioning Plan
SunShare, LLC hopes this correspondence and enclosures explain our application and address the
requirements of Cottage Grove. Should you have any questions regarding the attached application
for a Conditional Use Permit, please feel free to contact Dave Bergh at 612-968-5127.
SunShare, LLC appreciates the assistance that we have received from you and your staff and we
look forward to working with you to better serve the public in this area. Thank you in advance for
your consideration of this matter.
Sincerely,
David Bergh
dbergh@mysunshare.com
612-968-5127
SunShare, LLC
609 South 10'h Street, Minneapolis, MN 55404
Conditional Use Permit Application
Exhibit A: City of Cottage Grove Application Form
SunShare,LLC
609 South 10'h Street, Minneapolis, MN 55404
College Community Development Department Planning Division
Grove 12800 Ravine Parkway South Telephone: 651-458-2827
lift��"�-.�,,, e• °*� Cottage Grove, MN 55016 Fax: 651-458-2897
www.coltage-grove.org E -Mail: planninciftcotlaoe-orove.org
PLANNING APPLICATION
Applicant
Contact Name (if different)
_
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Mailing Address
E -Mail Address
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G brl JC,�:F�1 lit 11151 yl., r\ r� [_I �: 1�3 `IN Jsuq
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6,Y YY \`, •J �.w\{.o \lav c- „ C J vY1
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Preferred Telephone Number
Fax
(a (2 z�L,tii- >
Property Owner
Contact Name (if deferent)
Ke r( (\ AV t3:,.,., tits N<•ti
Mailing Address
E -Mail Address
Preferred Telephone Number
Fax
Property Address/Location
Property Identification Number
11 CAAcIe Cvu��%tu SSCIu
lab Z 11 Ll d�
Legal Description M l/y •- K5 Y4 F?"7 lJ to CT Of 1J "Pa FT SLS)--
�jcc Tl cr.+ IZ TCIJ,\>6.\l, C>a9 t�a..w. 02.1
Type of Application: check all that apply to your proposal)
Minor Subdivision $300 + $2,000 escrow
Conditional Use Permit (commercial) $400 +$5,000 escrow
Preliminary Plat $400 + $15,000 escrow
Conditional Use Permit (residential) $400 + $1,000 escrow
Final Plat $200
Interim Conditional Use Permit $300 (annually)
Site Plan Review $300 + $5,000 escrow
Variance (pre -construction) $20o
Comprehensive Plan Amendment $600
Variance (post -construction) $800
Zoning Amendment $600
Concept Plan Review $1,000 + $20 per acre
+ $1,000 escrow
DescdptiOn of Proposal (If more space is needed, please altach a letter describing your request):
`— b �\S-i- ,A c, /-i f l u C o vvi o kY k.•iAd) S: 1� ,,. - .:.-
11
Acknowledgment and Signature: By submitting this signed application, the applicant and property owner agree to provide the City with all
necessary Information including plans, surveys, drawings, and other materials necessary to process and examine this request. The
applicant and property owner also agree to pay all fees and escrows at the time of application and again whenever accounts are deficient.
The applicant and property owner also agree to allow City staff, City Council, and Planning Commission members access to the property
where the planninpp consideration is being requested.
Signaturo,of Applicant:Signature
�.�DL—
of Property Owner:
(� K mAral —
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Data: _ r� 3 — \S ;t j
Date: l 2'z Lo l
P or
Dale Application Received: Dale Application Accepted: By:
Case Number(s): Amount Received: By:
Conditional Use Permit Application
Exhibit B: Introduction to Community Solar and SunShare
SunShare,LLC
609 South 10th Street, Minneapolis, MN 55404
Conditional Use Permit Application
What is Community Solar?
In 2013, the Minnesota State Legislature passed a landmark Community Solar Garden law that
established a new market in the solar industry, providing Xcel Energy customers with additional
energy choices.
Community Solar Gardens are field installations of solar panels connected directly to Xcel Energy's
distribution grid. Residents, businesses, and governmental customers can opt to use the solar
energy from those panels to offset their electricity bill instead of installing panels on their
property. It works much the same way as putting a rooftop solar system on a house. This provides
a viable alternative for those who would like to use solar power but cannot install a rooftop
system. The following image, published by the Star Tribune, depicts how the program works.
® Subscribes Customer
pays an independent
solarcompany
for a share of the
output of a
community
solar garden'
® Sells solar power is
sold to Xcel Energy.
The slate -regulated
sales pricet exceeds
what customers
pay Xcel for
power. I
Commlydly 4W/
solar garden
(Must be located in customer's
or adjacent county)
Xeel's
power
system
'Suhscrlptam um ke pald up hunt m as a mnnndy, puyumit for m illy luoducad;:olid mnbads rmr for 25 years.
r Rat, Is 2 muds to 3 wnlsouvreHiatt the submilw B WWIIelechic ratebcrznse of the renewable energy credit r lth,
r If solar genetatlon crrvllls camel oWnimi's annual elMtic kla, Xml ons acNsk fur tWextm mnount
Solace: Sinr Trlbum reuwch
What Does a Solar Garden Look Like?
OCredit: Xcel Energy pays the solar
garden subscriber for the solar
power as a credit on the
customer's monthly
electric bill.
'I
Savings+ Customer
still gets all electricity
from Xcel, but the solar garden
payment offsets all or part of
each month's bill. I
MARK ROSWELL and DAVID SHAFFER - Stat'D[bum
It is best to look at a picture to understand what a solar garden looks like.
SunShare,LLC
609 South 101h Street, Minneapolis, MN 55404
Conditional Use Permit Application
4-7
SunShare's solar gardens use photovoltaic technology. The primary raw materials used in this
type of module technology consist of but are not limited to aluminum, glass, silicon, trace
amounts of phosphorous, boron, silver, and copper. Solar modules will be UL listed, CEC listed,
and approved for use by the National Electrical Code (NEC). The panels are dark blue, absorbing
as much light as possible in order to convert it into electrical energy. They are coated with an
anti -reflective technology to enhance their ability to capture sunlight. People tend to worry
about glare from these systems, but with this technology it is really not a problem. Many solar
installations have been completed at airports. The photo below is of a solar installation at the
Indianapolis Airport.
SunShare,LLC
609 South 7 O,h Street, Minneapolis, MN 55404
Conditional Use Permit Application
Each solar module is composed of multiple panels and the modules will be attached to the
ground surface using a fixed racking system. Each row of modules will be spaced approximately
15 feet apart and reach about 8.5 feet in height. The system is made of steel vertical posts
installed directly into the ground without the use of concrete foundations. Each post will
penetrate approximately 8 —12 feet into the ground. We make every effort to avoid drain tile,
working with all stakeholders to identify tile lines and ensure that drainage will not be
negatively impacted by our project. One way to further avoid negative drainage impacts is to
minimize grading, which we are able to do by following the contours of the land. The following
SunShare,LLC
609 South 10'h Street, Minneapolis, MN 55404
Conditional Use Permit Application
Through these measures, and by planting a low -growth vegetative ground cover underneath the
panels, our systems often reduce surface water runoff relative to the previous land use. By hosting
a community solar garden, your community can not only benefit from locally generated power,
but can take a step toward improving local water quality, something all Minnesotans appreciate.
Who is SunShare?
SunShare was one of the first community solar developers in the country, pioneering the
development of this concept in Colorado and Minnesota. Our customers are residents, community
leaders, renowned institutions, and local businesses. Our appeal to the residential customer base
sets us aside from our competition - we have hundreds of homeowners participating in each of our
current Solar Gardens and have consistently sold out our Solar Gardens before construction
begins, an accomplishment no other Community Solar company can claim.
We have a local presence in Minnesota, with an office located in downtown Minneapolis and a
strong leadership team, comprised of experienced renewable energy developers. This experience
is further bolstered through our partnership with Mortenson Construction. Mortenson was
incorporated in Minneapolis, Minnesota in 1954. Today, Mortenson has grown to over 2,100 team
members with project operations across 48 states and select international locations. Mortenson
has been ranked as the nation's 5`h largest solar EPC contractor and has the breadth of experience
needed to build successful Community Solar Gardens in Minnesota.
SunShare, LLC
609 South 10'h Street, Minneapolis, MN 55404
Conditional Use Permit Application
Exhibit C: Conditional Use Application Requirements
SunShare, LLC
609 South 7 01h Street, Minneapolis, MN 55404
Conditional Use Permit Application
Parcel Identification Number: 12.027.21.21.0001
Legal Description: NE % - NW'/< EXC W 101FT of N 1108FT SUBJ TO EASE Section 12, Township
027, Range 021 West, Washington County, Minnesota
Response to Ordinance Criteria
A. Will the use be in conformity with the City's Comprehensive Plan and with the purpose,
intent, and applicable standards of the Zoning Ordinance? Explain.
Yes, the proposed use will conform with the City's Comprehensive Plan. One of the
City's goals is to "Improve Environmental Sustainability." Community solar advances this goal
by providing a local source of clean energy.
B. 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. How does the
proposed use fit these criteria?
The parcel is currently zoned Agricultural. This district is for land considered unsuitable
for long term agricultural preservation and planned for eventual development. As a community
solar garden is a temporary structure with no utility needs, it is a great use for a district
intended for future development that does not yet have the necessary infrastructure for urban
development.
C. The use shall not depreciate values of surrounding property. Explain effects of the proposed
use on surrounding property values.
Community solar gardens have not been shown to affect property values. Qualities that
tend to depreciate land values include bad smells, heavy traffic, and loud noises. As solar
gardens are quiet, odorless, and do not increase local traffic during operation they will not
negatively impact surrounding properties.
D. 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. Explain effects of proposed use.
SunShare,LLC
609 South 10'h Street, Minneapolis, MN 55404
Conditional Use Permit Application
A solar garden will not cause any of these issues. The panels will be oriented to the
south, facing away from 701h Street South. They will have an anti -reflective coating and a
reflectivity similar to that of grass, so glare should not be an issue.
E. 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 inconvenience to the adjoining properties.
Explain the transportation needs for the proposed use.
The solar garden will generate minimal traffic following construction. During operation,
the site will be visited approximately 4-12 times annually by 1 utility -service track and 2-3
personal/company vehicles.
F. The use shall be served adequately by essential public services such as streets, police, fire
protection and utilities. Explain how the proposed use will be served.
The community solar garden will generate little traffic and will be adequately service by
existing public streets. It will not require any utilities and will be kept locked and secure.
G. 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. Justify this
statement.
The solar garden will not use any public facilities or services and can improve the
economic welfare of the City. Local businesses, government, and residents can subscribe to the
garden, saving some money on their electric bills that can then be reinvested in the local
economy.
H. The use shall preserve and incorporate the site's important natural and scenic features into
the development of adjacent vacant land. Will these criteria be met?
Yes.
I. The use shall cause minimal adverse environmental effects. List any effects.
SunShare,LLC
609 South 10" Street, Minneapolis, MN 55404
Conditional Use Permit Application
The community solar garden will not cause adverse environmental effects. Replacing
agricultural row crops with low growth vegetation will actually decrease stormwater runoff
from the property, causing a positive environmental effect.
J. The use shall not adversely affect the potential development of adjacent vacant land. List any
potential problems.
A community solar garden will have no impact on the development of adjacent land.
SunShare, LLC
609 South 10th Street, Minneapolis, MN 55404
Conditional Use Permit Application
Exhibit D: Site Maps
SunShare,LLC
609 South 10" Street, Minneapolis, MN 55404
Conditional Use Permit Application
Exhibit E: Decommissioning Plan
SunShare, LLC
609 South 101h Street, Minneapolis, MN 55404
Conditional Use Permit Application
1) Defined conditions upon which decommissioning will be initiated:
A solar farm/garden that ceases to produce energy on a continuous basis for 12 months
shall be considered abandoned and the property owner or other responsible party shall
be required to decommission the facility and restore the site to substantially its prior
condition within 12 months from the time that the facility is deemed to be abandoned,
unless substantial evidence is presented to the Senior Planner of the intent to maintain
and reinstate the operation of the facility.
2) The anticipated manner in which the solar farm project will be decommissioned and the
site restored:
The facility will first be disconnected from the grid. The PV modules will then be
disconnected and removed. The above ground electrical interconnection, distribution
cables, transformers and inverters will be removed. The racking and support posts will
then be removed. The fencing will then be removed. Lastly, the site will then be
harrowed and seeded to return it to substantially its condition prior to the installation as
an agricultural field.
3) Timetable for completion of decommissioning:
The decommissioning will be completed within 9 months of the commencement of
decommissioning.
4) The party responsible for decommissioning:
The permittee or its assignee shall be responsible for the decommissioning. In the event
the property owner and/or responsible party fail to timely decommission the solar
farm/garden facility as required above, Cottage Grove shall be entitled to take all
measures allowed by the Minnesota State Statutes, as well as the right to levy penalties
as provided in Washington County Land Use Ordinance, the right to obtain a permanent
injunction ordering the removal of such solar farm/garden facility, and the right to
obtain a court order permitting Cottage Grove to remove such solar farm/garden
facility.
5) Financial Assurance:
The City requires assurance that funds will be there for the necessary decommissioning
work when the project reaches the end of its purposeful life, been condemned, or has
SunShare,LLC
609 South l 01h Street, Minneapolis, MN 55404
Conditional Use Permit Application
been abandoned. To that end, a "financial assurance level" of 20% of total project
decommissioning cost shall be established by year 10 with increases over time until it
reaches 100% for year 20 of operation. Assurance can be achieved via Bond, Letter of
Credit or cash set aside in an escrow account controlled by a third -party insurance
company.
Solar Garden
Decommissioning Cost Estimate
Remove modules .................................................... $20,000
Package & ship modules ........................................ $5,000
Disassemble rack .................................................... $5,000
Pullposts................................................................ $12,000
Package & ship rack & posts .................................. $3,000
Remove & ship inverter sheds ............................... $3,000
Remove electrical equipment & wiring ................. $15,000
Remove DC conduit & inverter foundation ........... $8,000
Dispose of material with no salvage value ............ $5,000
Ag soil restoration - harrow & seed ....................... $13,000
Total Decommissioning Cost ........................$89,000
SunShare,LLC
609 South 1 01h Street, Minneapolis, MN 55404
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