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HomeMy WebLinkAbout2016-05-23 PACKET 06.2.SUPPLEMENTAL STAFF REPORT CASE: CUP16-028, V16-039 ITEM: 6.4 PUBLIC MEETING DATE: 5/23/16 TENTATIVE COUNCIL REVIEW DATE: 6/15/16 APPLICATION APPLICANT: Sunrise Development, LLC REQUEST: A conditional use permit to allow a community solar garden and a variance to the setback requirements along an internal property line between two parcels under the same ownership. SITE DATA LOCATION: ZONING: GUIDED LAND USE: 11576 Point Douglas Road South AG -1, Agricultural Preservation Transition Planning Area LAND USE OF ADJACENT PROPERTIES: CURRENT NORTH: Agricultural EAST: Agricultural SOUTH: Commercial WEST: Agricultural SIZE DENSITY: 101 acres N/A RECOMMENDATION GUIDED TPA/Rural Residential Rural Residential Commercial Transition Plan Area Approval, based on the findings of fact and subject to the conditions listed in this staff report. Cottage Grove COTTAGE GROVE PLANNING DIVISION J �Mne�e Pride and PoSPedty Meet Planning Staff Contact: John McCool, Senior Planner; 651-458-2874; Imccool(aDocttage-grove. org Application Accepted:. 3/2/16 120 -Day Review Deadline: 6/30/16 City of Cottage Grove Planning Division • 12800 Ravine Parkway South • Cottage Grove, MN 55016 Planning Staff Report — Supplement No. 2 Sunrise Development, LLC — Community Solar Garden Project Planning Case Nos. TA2016-027, V2016-29, and CUP2016-28 May 23, 2016 Proposal Sunrise Development, LLC applied for the following planning applications: 1) A zoning text amendment to Exhibit "A" in City Ordinance No. 948, Solar Collector Systems, to add approximately 101 acres of land located at 11576 Point Douglas Drive South to Exhibit "A" in Ordinance No. 948. Exhibit "A" is a map showing areas within the community where community solar gardens and solar farms are allowed by conditional use permit. 2) Variances to Title 11, Chapter 4, Section 10 (C)(3) and Title 11, Chapter 8, Article 8A -2(6)(A), Lot Dimensions and Setbacks, to allow allowing a community solar garden facility to be erected across a common boundary line of two parcels that are in the same ownership. 3) A conditional use permit application for the proposed construction of a five megawatt com- munity solar garden on approximately 29.5 acres of land consisting of two taxing parcels (PIN 36.027.21.13.0001 and 36.027.21.12.0002) having an aggregate acreage of approxi- mately 101 acres. Both parcels are in the same property ownership. The properties are lo- cated at 11576 Point Douglas Drive South and are owned by K & R Land Holdings, LLP, 12912 Farnham Avenue, White Bear Lake, MN. Below is an illustration showing the 101 acres (highlighted in yellow) Sunrise Development, LLC is requesting to add to Exhibit "A" in Ordinance No. 948. `' EXHIBIT A Solar Collection System Areas Cottage Grove, MN r LEGEND Solar Collection System Areas f CG City Boundary AREA PROPOSED TO BE — Railroad TO SOLAR Mississippi River COtDDED LECTION TEM AREA IN EXHIBIT "A- OF ORD. 948 n 05 1 2 3 Irides Proposed Ord. No. 948 Amendment — Exhibit "A" Planning Staff Report Supplemental No. 2 — Sunrise Development, LLC Planning Case Nos. TA2016-027, V2016-029 & CUP2016-028 May 23, 2016 Page 2 of 6 Review Process Application Received: March 2, 2016 Acceptance of Completed Application: March 2, 2016 Tentative City Council Date: May 18, 2016 60 -Day Review Deadline: May 1, 2016, extended to June 30, 2016 per applicant's request Planning Commission — April 25, 2016 Public Hearing At the April 25, 2016 Planning Commission meeting, the continued public hearing was opened for public testimony. City staff summarized the contents of the supplementary planning staff report dated April 25, 2016. Public testimony was received at the public hearing. Most of the testimony generally supported the proposed five mega -watt community solar garden. Some concerns were voiced for potential visual and property value impacts. Bill Weber, consultant representing Sunrise Energy Development, stated that if the City requires the solar array area labeled as "Move to Alternate Location?" on their revised site plan to be moved to the "Location Alternate" area, that they agree to plant conifer trees in the gaps between existing clusters of deciduous trees along a portion of the north and east property boundary lines in the northeast corner of the site. Weber said the solar panels would not be visible from State Highway 61. The applicant also stated that they intend to have a contract with Xcel Energy for a 25 -year period. After that period of time, the solar collectors can be removed. The applicant also stated that if the City requires the southern portion of the solar arrays (labeled as "Move to Alternate Location") on their revised site plan to be moved to the "Alternate Location" at the northern portion of the prop- erty, commercial development and local roadway system(s) could then be developed through the southern portion of their site. The distance from the north -bound roadway edge of State Highway 61 to the northern edge of the "Move to Alternate Location" boundary is approximately 560 feet. Weber displayed photos of the current conditions along State Highway 61 and described the tree loss that 61 Marine & Sports removed from their property. He stated that the solar panels will still be well hidden from the highway because there are two large berms, and Sunrise will supplement the screening with a double row of balsam firs and spruce that are six to eight feet tall. On May 19, 2016, Sunrise Development submitted a revised site plan that relocates a grid of solar collectors closest to Highway 61 to the northern area of the property. The applicant's revised site plan and an aerial photo showing the locations for the conifer trees proposed to be planted are shown below. Planning Staff Report Supplemental No. 2 — Sunrise Development, LLC Planning Case Nos. TA2016-027, V2016-029 & CUP2016-028 May 23, 2016 Page 3 of 6 Revised Site Plan — May 19, 2016 Proposed Landscaping Plan — April 18, 2016 Sunrise 601 Carlson Parkway Suite 1050 Minnetonka, MN 55305 Tel: (612) 293-9900 Fax: (612) 293-3839 su nriseenergyventures.com Project: Cottage Grove Site Address: 11576 Point Douglas Rd S. Cottage Grove, MN 55033 Legend Proposed Fend Property Boundary Property Line Setback Existing Overhead Line Underground MV Line Wetland --- Wetland Setback Line Stream - - - Stream Setback Line Proposed Access Road Proposed Inverter CG Solar Layout Planning Staff Report Supplemental No. 2 — Sunrise Development, LLC Planning Case Nos. TA2016-027, V2016-029 & CUP2016-028 May 23, 2016 Page 4 of 6 At the April 25, 2016 Planning Commission meeting, the Commission voted to recommend that the City Council adopt an ordinance amending Exhibit "A" in the solar collection system ordinance (Ord. No. 948) to add the applicant's 101 acres of land to the shaded area of Exhibit "A." The motion passed on a vote of 5 ayes to 4 nays (Brittain, Fox, Graff, and Zopfi). The Planning Commission also directed City staff to prepare a list of conditions recommending the approval of the variance and conditional use permit applications for Sunrise's proposed five - megawatt community solar garden project at 11576 Point Douglas Drive South. This list of condi- tions were prepared for the Planning Commission's consideration. The Commission can add, delete, or modify any of these conditions. Conclusion If the Planning Commission intends to recommend to the City Council that the variances to Title 11, Chapter 4, Section 10 (C)(3) and Title 11, Chapter 8, Article 8A -2(6)(A), Lot Dimensions and Setbacks be granted to allow a community solar garden facility to be erected across a common boundary line of two parcels that are in the same ownership, the finding of facts supporting said variances are based on the following: A. The two parcels of land (PIN 36.027.21.12.0002 and 36.027.21.13.0001) are in the same own- ership. B. The north boundary line for the southeasterly parcel (PIN 36.027.21.13.0001) adjoins that seg- ment of the east -west oriented boundary line that is the southeast boundary line for the north- westerly parcel (PIN 36.027.21.12.0002). The setback variances only apply to the east -west oriented common boundary line between the two parcels with the same ownership. C. All other minimum setback requirements comply with City regulations for the proposed community solar garden project. D. The east -west oriented common boundary line is centrally located between the two parcels that have a 101 -acre cumulative land area. The Planning Commission also recommends to the City Council the approval of Sunrise Devel- opment, LLC's conditional use permit application for the proposed construction of a five megawatt community solar garden on approximately 101 acres of land consisting of two taxing parcels (PIN 36.027.21.13.0001 and 36.027.21.12.0002) located at 11576 Point Douglas Drive South. This recommendation is based on the applicant's revised site plan dated May 19, 2016 and the land- scaping plan dated April 18, 2016, subject to the following conditions: Upon the City's acceptance of the decommissioning cost estimate, the applicant shall pro- vide 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. 2. 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 un- Planning Staff Report Supplemental No. 2 — Sunrise Development, LLC Planning Case Nos. TA2016-027, V2016-029 & CUP2016-028 May 23, 2016 Page 5 of 6 derground. The only exception, if necessary, is at the connection point where the commu- nity solar garden underground electric line needs to be connected to the utility company's existing power pole/local distribution line. Details of this interconnection between the com- munity 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 with the City. 3. The project must comply with the City's Solar Collector System Ordinance regulations. 4. The applicant's stormwater management plan must be approved by the South Washington Watershed District and City Engineer before the City will issue the building permit for the proposed community solar garden project. 5. Perimeter landscaping showing 33 balsam fir trees eight feet in height, 22 white spruce trees eight to twelve feet in height, and 21 balsam fir trees six to eight feet in height, as shown on the landscaping plan dated April 18, 2016, must be planted within 30 days in advance of the solar array panel installation. A letter of credit in the amount of 150 percent of the landscape estimate shall be submitted to the City as required by City ordinance. The financial guarantee shall be in effect for one year from the date of installation to ensure the installation, survival, and replacement of the landscaping improvements. 6. Minnesota Department of Labor and Industry and the private utility company that is allowing the interconnection between Sunrise's community solar garden and the private utility com- pany's electric system must approve the design for this interconnection. A copy of the Minnesota Department of Labor and Industry and private utility company's written approval must be given to the City before a building permit is issued by the City. 7. The applicant shall remove all noxious weeds on the site. 8. The applicant shall be responsible for all permits, including but not limited to MPCA Na- tional Pollutant Discharge Elimination System (NPDES) Construction Stormwater Permit. NOTE: The applicant has again revised their site plan to relocate the solar collector arrays that were previously labeled on the revised site plan dated April 18, 2016 as "Move to Alternate Location" to the northern area labeled "Alternate Location." The distance from the State Highway 61 north- bound roadway edge to the closest point of the solar collection system is approximately 560 feet. City Council approval for the proposed zoning ordinance amendment to Exhibit "A" in Ord. No. 948, Solar Collection Systems, will require a majority vote by the City Council in order to pass said amendment. Prepared by: John McCool, AICP Senior Planner Planning Staff Report Supplemental No. 2 — Sunrise Development, LLC Planning Case Nos. TA2016-027, V2016-029 & CUP2016-028 May 23, 2016 Page 6 of 6 Attachments: • Planning Staff Report Supplement dated April 25, 2016 • Sunrise Energy Ventures' Zoning Text Amendment Responses • Sunrise Energy Ventures' Letter (Text Amendment) dated March 2, 2016 • Sunrise Energy Ventures' Conditional Use Permit Responses • Sunrise Energy Ventures' Letter (Conditional Use Permit) dated March 2, 2016 • South Washington Watershed District Letter dated February 23, 2016 • Stormwater Management Plan Narrative (Draft) by EOR Water Ecology Community • Sunrise Energy Ventures' Response to Variance Criteria • Sunrise Energy Ventures' 60 -day Extension Letter dated March 25, 2016 • Sunrise Energy Ventures' Project Summary Update dated April 18, 2016 • James Pedersen Letter dated April 21, 2016 SUPPLEMENTAL STAFF REPORT CASE: ZA16-027, CUP16-028, V16-039 ITEM: 6.4 PUBLIC MEETING DATE: 4125116 TENTATIVE COUNCIL REVIEW DATE: 5118116 APPLICATION APPLICANT: Sunrise Development, LLC REQUEST: A zoning amendment to City Code Title 11-4-10D, Solar Collection Systems, to add approximately 101 acres of land to Exhibit A to allow a solar collection system; a conditional use permit to allow a community solar garden; and a Variance to the setback requirements along an internal property line between two parcels under the same ownership. SITE DATA LOCATION: ZONING: GUIDED LAND USE: 11676 Point Douglas Road South AG -1, Agricultural Preservation Transition Planning Area LAND USE OF ADJACENT PROPERTIES: CURRENT GUIDED NORTH: Agricultural TPA/Rural Residential EAST: Agricultural Rural Residential SOUTH: Commercial Commercial WEST: Agricultural Transition Plan Area SIZE: DENSITY: 101 acres NIA RECOMMENDATION Denial, based on the findings of fact listed in this staff report. cottage COTTAGE GROVE PLANNING DIVISION J Grovz ���e Prlde and 4+osperliy Feet Planning Staff Contact: John McCool, Senior Planner; 651-458-2874; imccooI@octtage-qrove.org Application Accepted:. 312116 60 -Day Review Deadline: 4130116 City of Cottage Grove Planning Division • 12800 Ravine Parkway South + Cottage Grove, MN 55016 Planning Staff Report —Supplement Sunrise Development, LLC — Zoning Text Amendment (Community Solar Garden Project) Planning Case Nos. TA2016-027, V2016-29, and CUP2016-28 April 25, 2016 Proposal Sunrise Development, LLC has applied for the following planning applications: 1) A zoning text amendment to Exhibit "A" in City Ordinance No. 948, Solar Collector Systems, to add approximately 101 acres of land located at 11576 Point Douglas Drive South to Exhibit "A" in Ordinance No. 948. Exhibit "A" is a map showing areas within the community where community solar gardens and solar farms are allowed by conditional use permit. 2) Variances to Title 11, Chapter 4, Section 10 (C)(3) and Title 11, Chapter 8, Article 8A -2(6)(A), Lot Dimensions and Setbacks, to allow allowing a community solar garden facility to be erected across a common boundary line of two parcels that are in the same ownership. 3) A conditional use permit application for the proposed construction of a five megawatt com- munity solar garden on approximately 29.5 acres of land consisting of two taxing parcels (PIN 36.027.21.13.0001 and 36.027.21.12.0002) having an aggregate acreage of approxi- mately 101 acres. Both parcels are in the same property ownership. The properties are located at 11576 Point Douglas Drive South and are owned by K & R Land Holdings, LLP, 12912 Farnham Avenue, White Bear Lake, MN. Below is an illustration showing the 101 acres (highlighted in yellow) Sunrise Development, LLC is requesting to add to Exhibit "A" in Ordinance No. 948. EXHIBIT A Solar Collection System Areas Cottage Grove, MN LEGEND I= %' Solar Collechon Systern Areas CG Cily Boundary ��— Railroad I Mississippi River FEM � cc tl' / E'1 aq t o'v'a d•Ys....;c yr ..`'' tidy a a s i 2 3 `� LLlgs Proposed Ord. No. 948 Amendment — Exhibit "A" Supplemental Planning Staff Report — Sunrise Development, LLC Planning Case Nos. TA2016-027, V2016-029 & CUP2016-028 April 25, 2016 Page 2 of 15 Review Process Application Received: March 2, 2016 Acceptance of Completed Application: March 2, 2016 Tentative City Council Date: May 18, 2016 60 -Day Review Deadline: May 1, 2016, extended to June 30, 2016 per applicant's request Planning Commission -- March 28, 2016 Public Hearing At the March 28, 2015 Planning Commission meeting, the scheduled public hearing was opened for public testimony. City staff reported that the applicant granted a 60 -day extension for the City to review and take final action on their text amendment, conditional use permit, and variance applications. Staff also stated that the applicant requested that the Planning Commission not take any action on their planning applications, but continue the hearing to April 25, 2016. Public testimony was received at the public hearing. Most of the testimony generally supported the proposed five mega -watt community solar garden. Some concerns were voiced for potential visual and property value impacts. The applicant stated that if the City requires the solar array labeled as "Move to Alternate Location?" on their revised site plan to Location "A" or Location "B", that they would agree to plant conifer trees in the gaps between existing clusters of deciduous trees along a portion of the north and east property boundary lines in the northeast corner of the site. Adjoining property owners opposed the placement of the solar arrays closer to their residen- tial dwellings. At the public hearing, the applicant stated that the existing wooded areas along State Highway 61 and the existing terrain in the field will adequately screen the views from the highway of their proposed solar arrays. In the last couple weeks, 61 Marine and Sports has removed many decid- uous trees along their north property line, which abuts the community solar garden site. Below is a photograph of the tree removal on the 61 Marine & Sports property toward the proposed community solar garden site from Highway 61. 61 Marine Tree Removal — Lower Right Corner in Photograph Supplemental Planning Staff Report — Sunrise Development, LLC Planning Case Nos. TA2016-027, V2016-029 & CUP2016-028 April 25, 2016 Page 3 of 15 61 Marine Tree Removal - North of Highway 61 The Planning Commission voted unanimously to continue the public hearing to April 25, 2010. Background Beginning in May 2015, the Planning Commission and Environmental Commission initiated discus- sions about regulating solar collections systems since Cottage Grove's City Code did not allow solar collection systems in the community. City staff reported that inquiries from solar collector companies and property owners pertinent to solar collection regulations were increasing. The Planning Com- mission and Environmental Commission generally supported solar collection systems on rooftops and walls as permitted uses in the agricultural, residential, commercial, and industrial zoning districts, but recommended that a solar collection system ordinance be prepared. As reported to the Commissions in 2015, public interest pertaining to commercial solar collection systems was increasing because the State of Minnesota Legislature mandated that they make solar power an appealing option for home and business owners and that "each public utility shall generate or procure sufficient electricity generated by solar energy 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." It was also reported that interest in solar technology is apparently growing and costs for alternative energy systems are beginning to decrease. The City has allowed a limited number and size of solar energy systems as accessory uses to pro- vide ancillary electric energy for the principal use on the property. These ancillary solar systems were treated as accessory uses in respect to yard setbacks and other applicable zoning standards. For free-standing and large-scale utility systems, City staff reported that systems proposed as a principal use were not allowed in the community. The Planning Commission discussed solar collection regulations on May 18, June 22, and July 27 in 2015 and the Environmental Commission on July 8, 2015. A draft solar energy ordinance was presented to the Planning Commission and Environmental Commission members at a joint work- shop meeting on August 24, 2015. Supplemental Planning Staff Report — Sunrise Development, LLC Planning Case Nos. TA2016-027, V2016-029 & CUP2016-028 April 25, 2016 Page 4 of 16 The draft solar ordinance incorporated many different ordinance examples from other counties and cities to appropriately address various issues associated solar collector systems. Some of the regu- lations recommended in the draft ordinance were unique to Cottage Grove. Examples of these regulations are: 1) prohibiting solar collector systems on accessory structures; 2) prohibiting free- standing solar systems on property with less than five acres of land; 3) prohibiting solar collector systems on the face of a residential dwelling facing a public street; and 4) requiring community solar gardens and solar farms to be outside the Metropolitan Urban Service Area (MUSA). The City Council added a map showing the areas in the community that would potentially allow community solar gardens and solar farms. The public hearing for the solar collection system ordinance was held by the Planning Commission at their regular meeting on September 28, 2015. At this meeting, the Commission re -affirmed that community solar gardens and solar farms should only be allowed outside the Metropolitan Urban Service Area (MUSA) and that a conditional use permit is required. Several property owners stated their support for the solar collector system ordinance. One property owner requested that community solar gardens and solar farms be allowed inside the MUSA. The Planning Commission unanimously (8 -to -0 vote) recommended to the City Council that the proposed solar collection system ordinance as drafted and presented at the public hearing be approved. The City Council discussed the draft solar collector system ordinance on October 7, 2015. The Council did not support large solar collector systems in areas designated as Transition Planning Area on the Future Land Use map in the Future Vision 2030 Comprehensive Plan or along the State Highway 61 corridor. For these reasons, Exhibit "A" was incorporated in the ordinance ap- proving the solar collection system. The City Council unanimously approved Ordinance No. 948 adopting solar collection systems on October 7, 2015. Planning Considerations Metropolitan Urban Service Area At the Planning and Environmental Commission workshop, there was a general understanding why land within the Metropolitan Urban Service Area (MUSA) is important for Cottage Grove's future growth and maintaining the availability of public utilities for planned development within the MUSA. The City's investment in providing city utilities in certain areas in the community was completed in the West Draw, East Ravine, and Southwest District with the anticipation that development was going to occur in the future. With large utility - scale solar collector systems occupying land within the MUSA, development interests might be delayed or deterred in the MUSA. The Planning Commission's recommenda- tion to the City Council included a regulation requiring all community solar gardens or solar farms to be located outside the MUSA. Legend P.WSA CG City Boundary _ Pmk and Open Space k455isslppi River Supplemental Planning Staff Report —Sunrise Development, LLC Planning Case Nos, TA2016-027, V2016-029 & CUP2016-028 April 25, 2016 Page 5 of 15 Their recommendation also included City Council approval of a conditional use permit and required a minimum land area of five acres for all free-standing solar collection systems. The 101 -acre site is located outside the MUSA. City utilities are not planned to be extended to this area of the community for several decades. Transition Planning Area In advance of the City Council meeting on October 7, 2015, City staff was asked to provide an ad- dendum to the proposed solar ordinance that not only required large -utility solar collector systems to be outside the MUSA, but must not be within a "Transition Planning Area" as designated on the Future Land Use 2030 map in the adopted Future Vision 2030 Comprehensive Plan. Transition Planning Areas are located outside the MUSA and are areas where additional planning efforts are required prior to establishing future land use designations. It was intended that a master plan would be prepared for each transition planning area once the development staging plan for a particular Transition Planning Area is adequately addressed in the City's Comprehensive Plan. The Transition Planning Area is shown below in dark navy blue on the Future Land Use 2030 map and encompasses approximately 2,659 acres. The Future Vision 2030 Comprehensive Plan and Future Land Use 2030 map designates the 101 - acre site as a Transition Planning Area. The land area north and east of the subject property is designated Rural Residential. A 114 Cottage Grove Future Land Use 2030 .... Excerpts from advisory commission meetings, planning staff reports for the draft solar collection sys- tem ordinance, draft ordinance, and an amendment alternative were distributed to the City Council Supplemental Planning Staff Report — Sunrise Development, LLC Planning Case Nos. TA2016-027, V2016-029 & CUP2016-028 April 25, 2016 Page 6 of 15 in advance of their meeting on October 7, 2015. Prior to this City Council meeting, staff was asked to provide another option to the proposed ordinance that excluded areas along State Highway 61 and designated with a Transition Planning Area land use. This alternative resulted in the preparation of a map (Exhibit "A") depicting areas in the community where solar collection systems would be allowed as a principal land use with approval of a conditional use permit. A copy of Exhibit "A" in Ordinance No. 948 is shown below. Exhibit "A" in Ordinance No. 948 The proposed changes to the Planning Commission's recommendation was distributed to individuals that had expressed interest in the proposed ordinance before the October 7 City Council meeting. A copy of the two letters received supporting the inclusion of land in transition planning areas and M'USA were distributed to the City Council prior to the October 7 meeting. The City Council also expressed concerns community solar gardens or solar farms might have near and along Highway 61. The concerns generally pertain to impacts large scale solar collection sys- tems might have for future development near and along Highway 61. For these reasons, the City Council was presented with a draft solar collection ordinance modification that excluded solar col- lection gardens and/or solar farms from certain lands near the Highway 61 corridor, which is shown as Exhibit "A" in Ordinance No. 948. Supplemental Planning Staff Report — Sunrise Development, LLC Planning Case Nos. TA2016-027, V2016-029 & CUP2016-028 April 25, 2016 Page 7of15 Applicant's Planning Applications for Solar Collection Project Sunrise Development, LLC has applied for a zoning text amendment to Exhibit "A" in City Ordi- nance No. 948, Solar Collector Systems; variances to Title 11, Chapter 4, Section 10(C)(3) and Title 11, Chapter 8, Article 8A -2(6)(A), Lot Dimensions and Setbacks; and a conditional use permit application for the proposed construction of a five megawatt community solar garden on approxi- mately 29.5 acres of land. The solar collection project is proposed on land that consists of two taxing parcels (PIN 36.027.21.13.0001 and 36.027.21.12.0002) with a cumulative acreage of approximately 101 acres. A location map is shown below. Location Map The smaller parcel is 35 acres and the other parcel is 66 acres. The smaller parcel is in the south- east corner of the site where most of the farm buildings are located. Both parcels are in the same property ownership, and the property address is 11576 Point Douglas Drive South. The illustration below shows the 101 acres outlined in red, and the property boundary lines are shown in yellow. The two parcels described above for the proposed community solar garden are shown inside the red boundary. This aerial photo also shows the treed areas, farm buildings on the smaller parcel of land, and cropland areas. Supplemental Planning Staff Report — Sunrise Development, LLC Planning Case Nos. TA2016-027, V2016-029 & CUP2016-028 April 25, 2016 Page 8 of 15 2013 Aerial View of the 101 -Acre Site On April 18, 2016, the applicant submitted a revised site plan showing the general layout for the proposed five megawatt community solar garden. The applicant stated that the most convenient location for Sunrise would be to locate the solar arrays in the southern part of the site. This location would minimize the view of the solar arrays by the neighbors located northeast of the property. Sunrise is willing to relocate the southern portion of the solar arrays to the north -central part of the site. If the solar collectors are placed in the north -central area, they propose to plant 33 balsam fir trees that are eight feet in height and spaced ten feet apart, and 22 white spruce trees eight to twelve feet in height spaced ten feet apart would be planted in the northeast corner of the solar garden site. An additional 21 balsam fir trees that are six to eight feet in height and spaced at ten feet apart are proposed along the ridge line bisecting the field in the southern portion of the site. These illustrations are shown below and are attached to this report. Supplemental Planning Staff Report — Sunrise Development, LLC Planning Case Nos. TA2016-027, V2016-029 & CUP2016-028 April 25, 2016 Page 9 of 15 - �ti RALSAM FIR WHITE SPRUCE 1. f' ti E rs .i w. 'r•- -- IaYERa. , I r , MCGRATM IERNHOLZ FUTURE SOLAR GARDEN SITE 1 � ( r Proposed Community Solar Garden Site Plan — Received April 18, 2016 The applicant has prepared responses to the variance and conditional use permit criteria. A copy of their supporting documents for the zoning ordinance amendment, variance, and conditional use permit applications are attached to this planning staff report. Access for the proposed community solar garden will be from the existing farmstead access drive that connects to State Highway 61. This private access drive is a gravel -surfaced driveway. An additional driveway is not proposed. The two photographs below were taken from State Highway 61 looking northeasterly into the proposed solar array field area in the southeast corner of the 101 acre site. The applicant believes that the existing deciduous vegetation and trees along State Highway 61 will effectively screen the public's view of the proposed solar arrays. r State Highway 61 in the Foreground — Subject Property in Background .. J.State Highway 61 in the Foreground — Subject Property in Background Supplemental Planning Staff Report — Sunrise Development, LLC Planning Case Nos. TA2016-027, V2016-029 & CUP2016-028 April 25, 2016 Page 10 of 15 The applicant is proposing to mount fixed -position solar collection panels on metal racking struc- tures that are affixed to the ground using either driven posts or helical ground screws. The overall height of the solar collectors will be eight to twelve feet. These types of ground -mounted systems allow stormwater infiltration under the solar panels and minimized ground disturbance. The solar arrays are relatively 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 require periodic mowing to prevent woody species from growing. Illustrations of the ground mounted systems and solar arrays are shown below. Solar Array Example Solar Collector Array Illustration Tree Removal The applicant has reported that the only trees proposed to be removed is a strip of mature trees that bisect the cultivated field located north of the farm buildings. The total area of these trees is approximately one acre. The loss of these trees will not require tree replacement or mitigation. All other existing tree masses will not be impacted. The illustration below shows the area where trees are proposed to be removed. Supplemental Planning Staff Report — Sunrise Development, LLC Planning Case Nos. TA2016-027„ V2016-029 & CUP2016-028 April 25, 2016 Page 11 of 15 Tree Removal Area Perimeter Fence The applicant is proposing to install a galvanized chain-link fence around the perimeter of the proposed community solar garden facility. The fence will be six feet in height with three strands of barbed wire above the chain-link fence. Opaque slats are proposed to be woven in the chain- link fence. Grading and Drainage Grading for the community solar garden will be limited to creating gravel service roads among the sections of solar arrays and pads for electrical inverters. The solar arrays will conform to the contours of the existing fields. Wetland and Streams The National Wetland Inventory shows a Public Waters wetland in the northwestern corner of the property, and it has been determined that two streams enter and cross the site. One stream enters the site in the northwest corner and the other from the northeast corner. The two intermitted Supplemental Planning Staff Report — Sunrise Development, LLC Planning Case Nos. TA2016-027, V2016-029 & CUP2016-028 April 25, 2016 Page 12 of 15 streams join near the southern end of the wetland and flows south under State Highway 61. Delineating the wetland boundaries will be verified on the property early in spring. Neighboring Properties Rural residential properties and dwellings are located east and northeast of the proposed com- munity solar garden. Much of the existing deciduous vegetation around the perimeter of the site will remain. The closest residential dwelling is 389 feet from the northeast corner of the solar site. The applicant has proposed to plant additional evergreen trees along the northeast corner of the solar site (east and north boundary lines) that is closest to neighboring residential dwellings if the City requires a portion of the solar array closest to State Highway 61 to be relocated north of the agricultural buildings. Additional evergreen trees are also proposed at the two openings near State Highway 61. The applicant believes that none of the solar arrays proposed in the southern area of the site will be seen from State Highway 61 because of existing wooded berms along State Highway 61 right- of-way and the terrain in the southern area of the farm field. Existing Woodland and Distances to Neighboring Residential Dwellings Decommissioning Plan Sunrise's five megawatt array of fixed -positioned photovoltaic panels will generate electricity that will be purchased by Xcel Energy under a 25 -year contract. Decommissioning will include remov- ing all photovoltaic panels, inverters, transformers, above -ground electrical collection systems, Supplemental Planning Staff Report — Sunrise Development, LLC Planning Case Nos. TA2016-027, V2016-029 & CUP2016-028 April 25, 2016 Page 13 of 15 security fencing, lighting, and supply structures for the project. Dismantling and repurposing, sal- vaging, recycling or disposing of the solar energy materials, equipment and improvements will be properly be performed. The land will be returned to agricultural production and the reclaimed topsoil will be restored to previous grade elevations. Decommissioning is estimated to take approximately six months to complete. Connection to Xcel System The proposed community solar garden will connect to Xcel Energy's existing overhead electric distribution lines that parallel the northeast side of the State Highway 61. The electrical connection to Xcel's grid is proposed at or near the existing gravel driveway connection to State Highway 61. 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 the utility company. The proposed interconnection location inte- rior of the solar array site is on the north side of an existing grove of trees and brush. Initially, the applicant said a series of utility poles and overhead lines would be installed between the solar garden's interconnection location to Xcel's electric distribution lines along State Highway 61. 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. Since nobody knows at this time how these interconnection system will be designed, it is sus- pected 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 garden property, but also require that the utility company must place all new power lines neces- sary to facilitate the interconnection between the community solar garden and the utility com- pany'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 appli- cant files their building permit application. Neighborhood Meeting The applicant held a neighborhood meeting on Wednesday, March 16, 2016. This meeting was held at the Cottage Grove City Hall. Six neighboring property owners attended the meeting. The applicant explained their five mega -watt solar collector system, showed maps of the subject prop- erty, and answered attendee' questions. Several landowners expressed concerns for tree removal and the potential adverse impacts viewing the solar fields from their homes. The applicant explained that most of the existing trees will not be removed and offered to plant additional evergreens in certain areas along the east boundary line of the 101 -acre site in an effort to mitigate neighboring residents' views they might have of the solar field. The applicant also explained that they would relocated a portion of the solar arrays closest to State Highway 61 to the north end of the site if the City requires this for purposes of mitigating the view of solar arrays from State Highway 61. Supplemental Planning Staff Report— Sunrise Development, LLC Planning Case Nos. TA2016-027, V2016-029 & CUP2016-028 April 25, 2016 Page 14 of 15 Environmental Commission The Environmental Commission met on March 21, 2016. The applicant attended the meeting and introduced their solar garden project to the Commission at their Open Forum. No action was taken by the Environmental Commission. Public Hearing Notices The public hearing notice was published in the South Washington Bulletin on March 16, 2016. Public hearing notices were mailed to 22 property owners within 500 feet of the 101 acre area on March 16, 2016. A second public hearing notice was mailed to surrounding property owners informing them that the Planning Commission continued the March 28, 2016 public hearing to April 25, 2016. The public hearing will again be opened for testimony. Zoning Amendment Process A zoning amendment may only be approved if it is consistent with the Comprehensive Plan, would not impede orderly development, and will not detrimentally impact surrounding properties. The Planning Commission must hold a public hearing and make a recommendation to the City Council on the proposed zoning amendment, variance, and conditional use permit applications. The City Council has the authority to approve or deny the applications. A denial must be supported by findings of fact. Property Taxes The 101 -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 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 8a -Utility, which is taxed at a higher rate. Property tax for the underlying agricultural land use will continue to be collected. Recommendation Recommendation No. ? That the Planning Commission recommend that the City Council deny Sunrise Development, LLC's zoning text amendment to Exhibit "A" in Ordinance No. 948 and accept the staff's proposed findings of fact listed below. The City has initiated the process to update the City's Comprehensive Plan. During this pro- cess, the subject property and properties surrounding the proposed Sunrise Development community solar garden site will be evaluated for the appropriate land use designations, future arterial and collector roadways, and future city utilities that will benefit public invest- ment for future development. The implications of a solar collector system near the State Highway 61 corridor may deter future extensions of public infrastructure systems, future eco- nomic development, or sustainable development where future development is planned. 2. The area depicted on Exhibit "A" in Ordinance No. 948 provides for approximately 4,206 acres of land where community solar gardens and/or solar farms could be located. These Supplemental Planning Staff Report — Sunrise Development, LLC Planning Case Nos. TA2016-027, V2016-029 & CUP2016-028 April 25, 2016 Page 15 of 15 designated areas are outside the Metropolitan Urban Service Area (MUSA), without a Tran- sition Planning Area land use designation and are beyond the State Highway 61 corridor. 3. The future land use designation for the proposed 101 -acre site is "Transition Planning Area." This land use designation is shown on the Future Land Use 2030 map in the Future Vision 2030 Comprehensive Plan. Transition Planning Areas are located outside the MUSA and are areas where additional planning efforts are required prior to establishing future land use desig- nations. It was intended that a master plan would be prepared for each transitional planning area once the development staging plan for a particular Transition Planning Area is adequately addressed in the City's Comprehensive Plan. Recommendation No. 2 Based on the recommendation denying an amendment to Exhibit "A" of Ordinance No. 948; the variance and conditional use permit applications cannot be approved. For this reason, the Plan- ning Commission should recommend to the City Council that Sunrise Development LLC's vari- ance and conditional use permit applications be denied based on the fact that the proposed five megawatt community solar garden project is not within the designated areas that allows commu- nity solar gardens or solar farms. Prepared by: John McCool, AICP Senior Planner Attachments: • Sunrise Energy Ventures' Zoning Text Amendment Responses • Sunrise Energy Ventures' Letter (Text Amendment) dated March 2, 2016 • Sunrise Energy Ventures' Conditional Use Permit Responses • Sunrise Energy Ventures' Letter (Conditional Use Permit) dated March 2, 2016 • South Washington Watershed District Letter dated February 23, 2016 • Stormwater Management Plan Narrative (Draft) by EOR Water Ecology Community • Sunrise Energy Ventures' Response to Variance Criteria • Sunrise Energy Ventures' 60 -day Extension Letter dated March 25, 2016 • Sunrise Energy Ventures' Project Summary Update dated April 18, 2016 • James Pedersen Letter dated April 21, 2016 Zoning Text Amendment Application Sunrise jeo'W ENERGY VENTURES 601 Carlson Parkway, Suite 1050, Minnetonka, Minnesota 55305 REGOVED MAR - 2 2016 OITY OF COTTAGE GROVE Sunrise =000 ENERGY VENTURES March 2, 2016 Community Development Department City of Cottage Grove 12800 Ravine Parkway Cottage Grove, MN 55016 Re: Zoning Text Amendment Application Dear Members of the Staff, Planning Commission and City Council: MAR - 2 2016 CITY Or COTTAGE GROVE SEV MN 1, LLC ("Sunrise"), a subsidiary of Sunrise Energy Ventures, respectfully presents this application to the City of Cottage Grove to amend the text of the zoning code. The proposed change would potentially allow Sunrise to build a 40 acre community solar garden on a site immediately adjacent to the current Solar Collection System Area. The site is located in the extreme southeastern corner of the City, is not prime farm land and is 1.5 to 2 miles from the Metropolitan Urban Service Area. The solar garden will not generate any carbon or other harmful emissions, will be created from an inexhaustible source, the sun, will help Xcel Energy meet the State's mandate for use of renewable energy sources, and will align with the City's goals for sustainability. In addition, Xcel customers may subscribe to a share of the electrical output from the project, thus supporting this clean source of energy. We will own and operate the development for its lifetime. We have also submitted an application for a Conditional Use Permit to allow the project. You approval of these applications will allow us all to benefit from this wise new source of electricity for our homes and businesses. Sincerely, Dean Leischow Chief Executive Officer 601 Carlson Parkway, Suite 1050, Minnetonka, Minnesota 55305 612-293-9900 deam@Sunriseenergyventures.com Table of Contents Ordinance Section Proposed for Amendment ............... Proposed Addition......................................................... Support for the Amendment ......................................... Zoning Text Amendment Application 1 City of Cottage Grove Ordinance Section Proposed for Amendment SEV MN 1, LLC ("Sunrise"), a subsidiary of Sunrise Energy Ventures, proposes that the following section of the Cottage Grove City Code be amended: Title 11, Chapter 4, Special Zoning Provisions, Section 10, Solar Collection Systems. Sub -Section D reads: "Community Solar Garden or Solar Farm. A conditional use permit is required for community solar garden or solar farm systems and must be located within the designated areas shown in Exhibit "A". Utility -scale solar energy systems are allowed in all zoning districts. A minimum of five acres of land is required." Proposed Amendment Sunrise Development proposes that the subject section of the City Code be amended by revising Exhibit A, Solar Collection System Area, to include the parcels shown in yellow by Figure 1. 0 Solar Collection System Area 0 Parcels to Add to Solar Collection System Area u 0 0.5 7 2 7 il',1Jos Zoning Text Amendment Application 2 City of Cottage Grove Site Location and Conditions Site Location The site of the proposed community solar garden is northeast of Highway 61-10 between 110" and 114'' Streets extended as shown by Figure 1. Figure 1: Site Location Comprehensive Land Use Plan The Comprehensive Land Use Plan map indicates that the site and nearby properties are guided in the Rural Residential classification, as shown by Figure 2. Zoning Text Amendment Application City of Cottage Grove Site Figure 2: Comprehensive Land Use Plan Map Existing Conditions Nearby Land Use Land uses near the site are agricultural (AG -0), rural residential (R -R) and a church, as shown by Figure 3. Figure 3: Nearby Land Use Topography The land surface slopes gently down toward the stream that bisects the site, as shown by 88b ,l �.. Figure 4. 8- �� l P~80.0 �. �87� :fS Figure 4: Topography C Zoning Text Amendment Application 4 City of Cottage Grove 8@0 7-7 a. go C Zoning Text Amendment Application 4 City of Cottage Grove Vegetation Vegetation on and near the site includes mature deciduous woods, wooded wind breaks, grass, shrubs and cultivated fields. Figure 5: Vegetation Soils for Structures The soils on the 101 -acre site are suited for buildings and structures except for those in the two small streams channels and the 3 -acre wetland. Most of the soils are sandy loam or loamy sand, according to the Soil Surney of Rarnsey and Washington Counties prepared by the U5 Department of Agriculture. Retired Farm Operation Despite favorable soils, the site is not considered prime for farming because of the small size and inefficient shape of its fields. Portions of the site have been cultivated in the past. However, the site is not presently being farmed and the farmstead is no longer occupied. The original farm was long ago subdivided and most of it sold for rural residential development. Site Access Access to the site of the community solar garden will be at the same point along Highway 61 as the existing farmstead road. The two driveways will have a shared access easement. . Zoning Text Amendment Application City of Cottage Grove Support for the Amendment The rationale for the proposed Code amendment includes these points: Adjacent to the Solar Collector System Area The current Solar Collection System Area abuts this site to the east, as illustrated by Figure 1, above. Distant from the Urban Service Area The subject property is 1.6 miles from the nearest edge of the Metropolitan Urban Service Area. It is 2.6 miles from the MUSA if the Cottage Grove Ravine Regional Park is not considered. Please refer to Figure 6, below. Consequently, the site is designated as Stage 5 (of 8) for urban development in the Comprehensive Pian. The plan indicates that Stage 5 development will not occur until after year 2030. Please refer to Figure 7, below. The initial Sunrise contract with Xcel Energy would expire after 25 years, after which time the facility would be de -commissioned and removed. 9 Figure 6: Metropolitan Urban Service Area Boundary Zoning Text Amendment Application 6 City of Cottage Grove Figure 7: Utilities Staging Plan Zoning Text Amendment Application 7 City of Cottage Grove Compatible with Its Surroundings A community solar garden on this site would be visually compatible with its agricultural and rural residential neighborhood by virtue of these characteristics: • The solar collectors will be only 8 to 10 feet in height feet in height. There are mature trees and shrubs around the perimeter of the site. Figure 8, below, illustrates that views to the site from nearby houses are obscured by either dense woods, perimeter windbreak trees and shrubs, or trees and shrubs planted for visual privacy around those houses. Figure 8 Visual Buffers Non -Prime Farmland The site is not prime for agriculture because of the small size and odd configuration of its fields. Easily Served by the Xcel System This site is easily linked to the Xcel Energy system by connecting to an existing overhead line that runs along Highway 61 immediately adjacent to the southern edge of the site. Zoning Text Amendment Application 8 City of Cottage Grove Conditional Use Permit Application •ayy��� Sunrise sasa�a. 4-`A ENERGY VENTURES awavol 601 Carlson Parkway, Suite 1050, Minnetonka, Minnesota 55305 '- Sunrise ENERGY VENTURES March 8, 2016 Community Development Department City of Cottage Grove 12800 Ravine Parkway Cottage Grove, MN 55016 Re: Conditional Use Permit Application to Develop a Community Solar Garden Dear Members of the Staff, Planning Commission and City Council: SEV MN 1, LLC ("Sunrise"), a subsidiary of Sunrise Energy Ventures, is pleased to present this application to the City of Cottage Grove to develop and operate a community solar garden. This 5 megawatt array of photovoltaic panels will generate electricity that will be purchased by Xcel Energy under a 25 -year contract. The solar garden will not generate any carbon or other harmful emissions, will be created from an inexhaustible source, the sun, will help Xcel Energy meet the State's mandate for use of renewable energy sources, and will align with the City's goals for sustainability. In addition, Xcel customers may subscribe to a share of the electrical output from the project, thus supporting this clean source of energy. SEV MN 1, LLC will own and operate the development for its lifetime. It is important to us to be a good corporate citizen and work cooperatively with each local community. This helps us respond to any concerns with conditions that create a successful energy development while supporting the City's community development objectives. Please give our application your approval so that we can all benefit from this wise new source of electricity for our homes and businesses. Sincerely, Dean Leischow, Chief Executive Officer 601 Carlson Parkway, Suite 1050, Minnetonka, Minnesota 55305 612-293-9900 dean@Sunriseenergyventures.com -4,0 Sunrise Aililip ENERGY VENTURES Table of Contents Project Description........................................................ 2 SiteLocation..................................................................................2 Comprehensive Land Use Plan.....................................................2 Retired Farm Operation...............................................................................4 SitePlan........................................................................................5 SiteAccess.....................................................................................6 Grading, Drainage and Erosion Control........................................6 Wetlands and Streams..................................................................6 Visual Compatibility and Screening...............................................9 Solar Energy Conversion Panels..................................................11 Connection to the Xcel System...................................................12 Tree Protection...........................................................................13 PerimeterFence..........................................................................13 Sign..............................................................................................13 Response to Ordinance Criteria ..................................... 14 Construction.................................................................. 17 Operations and Maintenance ....................................... 20 De -Commissioning, Restoration and Repowering ........ 22 Noise Emissions............................................................. 26 Conditional Use Permit Application 1 City of Cottage Grove Sunrise ENERGY VENTURES Project Description Site Location The site of the proposed community solar garden is northeast of Highway 61-10 between 110°i and 114t" Streets extended as shown by Figure 1. Figure 1: Site Location Comprehensive Land Use Plan The Comprehensive Land Use Plan map indicates that the site and nearby properties are guided in the Rural Residential classification, as shown by Figure 2. Conditional Use Permit Application City of Cottage Grove Figure 2: Comprehensive Land Use Plan Map V Sunrise ENERGY VENTURES Existing Conditions Nearby Land Use Land uses near the site are agricultural (AG -O), rural residential (R -R) and a church, as shown by Figure 3. Figure 3: Nearby Land Use Topography The land surface slopes gently down toward the stream that bisects the site. Some grading will be needed for the solar collectors. Refer to Figure 4. Figure 4: Topography Conditional Use Permit Application City of Cottage Grove ORSunrise y� ENERGY VENTURES Vegetation Vegetation on and near the site includes mature deciduous woods, wooded wind breaks, grass, shrubs and cultivated fields. Figure 5: Vegetation Soils for Structures The soils on the site are suited for buildings and structures except for those in the steam channels and wetland (see Figures 10 and 11). Most of the soils are sandy loam or loamy sand, according to the Soil Survey ofRaunsey and Washington Counties, US Department of Agriculture. Solar panels will only be located on soils that are conducive to building. Retired Farm Operation Despite favorable soils, the site is not considered prime for farming because of the small size and inefficient shape of its fields. Portions of the site have been cultivated in the past. However, the site is not presently being farmed and the farmstead is no longer occupied. The original farm was long ago subdivided and most of it sold for rural residential development. The outbuildings to the northeast of the farm house will be removed but the house will remain. Site Plan The site development plan for the community solar garden is shown by Figure 6. Approximately 29.5 acres of the 101 -acre site will be devoted to the facility. Conditional Use Permit Application 4 City of Cottage Grove -001 Sunrise #10 ENERGY VENTURES Figure 6: Site Plan Conditional Use Permit Application 5 City of Cottage Grove -OT Sunrise &O, ENERGY VENTURES Site Access Access to the site of the community solar garden will be via the existing farmstead road that links to Highway 61. Gravel service lanes will be constructed among blocks of solar panel arrays. Grading, Drainage and Erosion Control Grading for the community solar garden will be limited to creating gravel service roads among the blocks of arrays and pads for the electrical inverters. The fixed -position solar arrays can conform to the slopes and do not require that terraces be created because each solar array is installed by simply drilling posts into the ground. Normal steps will be taken to control erosion during and after the installation process, and these can be specified as conditions of the Permit. Disturbed soils will be returned closely to their original contours. The final site will be seeded with fast-growing grasses and mowed as necessary to prevent woody species from establishing. Consequently, the rate, volume and quality of the surface water runoff is expected to be improved from the present values generated by a plowed field of row crops. Emmons and Olivier Resources, Inc., will provide to the City, the Watershed and MnDOT hydrologic modeling calculations for rate control, volume control and water quality, including proposed pond locations. These calculations will reflect the fact that water from this site drains to the undeveloped property to the south owned by 61 Marine and Sport and the fact that more than 80 acres of land to the east of this site drains through the southeastern corner of this property. The submittal to be presented to the Minnesota Department of Transportation will ensure that peak discharge will not being increased for flows to the Highway 61 right-of- way. Please see the attached "Sample" Stormwater Management Plan Narrative for details regarding site drainage, and Stormwater Management AND Erosion & Sediment Control Best Management Practices. Wetlands and Streams Public Waters Wetland The National Wetland Inventory has mapped a Public Waters wetland in the northwestern corner of the property as illustrated by Figures 7 and 8. This wetland will not be disturbed by the project, and a buffer of at least 100 feet will be maintained from its edge. The site plan will be adjusted, if necessary, when the wetland boundary and quality have been officially determined. Public Waters Streams Two streams enter and cross the site. One stream enters from the northwest and the other fro the northeast. They join near the southern end of the wetland and flow south under highway 61 toward the Mississippi River as illustrated by Figure 8. Both are classified as Public Waters. Neither will be directly impacted by the project, and a buffer of at least 100 feet will be maintained from its edge. The site plan will be adjusted, if necessary, when the stream boundary has been officially determined. Conditional Use Permit Application City of Cottage Grove Sunrise ENERGY VENTURES Wetland Delineation Emmons and Olivier Resources is in the process of detennining the boundary and quality of this wetland and working to determine whether there are any other wetlands on the property. A "desktop" review of hydrology, soils, topography and historic aerial photography of the site has been completed and delivered to the South Washington Watershed District for review. The Watershed District has concurred in writing (Appendix A) that no apparent wetlands exist in the agricultural fields, but this will need to be verified during the growing season. A field investigation will be completed after May 1s' and also reviewed by the Watershed District. Prior to the start of construction, the Watershed District will issue a Wetland Conservation Act Notice of Decision on behalf of itself acting as the WCA Local Governing Unit. The wetland permitting process will be coordinated with the Army Corps of Engineers , which has regulatory authority for Section 404 of the Clean Water Act. The Minnesota Department of Natural Resources may require permits through the Minnesota Public Waters program that they administer. Avoidance and minimization of all impacts to wetlands and public waters is being incorporated into the site design and implemented. Figure 7: Approximate Location of the National Wetland Inventory Wetland Conditional Use Permit Application 7 City of Cottage Grove X001' Sunrise :WOO ENERGY VENTURES Figure 8: Location of the Mapped Wetland and the Public Waters Streams Floodplain There is no floodplain mapped on the site by the Federal Emergency Management Administration. Nevertheless, the solar collectors and related components will be set a safe distance from the stream and wetland for mutual protection. Conditional Use Permit Application 8 City of Cottage Grove �d9 Sunrise ENERGY VENTURES Visual Compatibility and Screening The community solar garden will be visually compatible with its agricultural and rural residential neighborhood by virtue of these characteristics: ■ The solar collectors will be only 10 to 12 feet in height feet in height. ■ The existing vegetation around the perimeter of the site will be retained. Figure 9, below, illustrates that views to the site from nearby houses are obscured by distance and mature woods, perimeter windbreak trees and shrubs, or trees and shrubs planted for visual privacy around those houses. • There are tall, wooded berms along the Highway 61 frontage; refer to Figures 10, 11 and 12 on the following page. ■ In the southern half of the site, there is a secondary berm, running -east -west approximately 400 feet from the highway, behind which the collectors will be located. ■ Conifers will be planted at two visual gaps along the Highway 61 frontage and along the northeastern perimeter. A specific planting plan, including species, size and location, will be submitted for City approval before receiving aBuilding Permit. Figure 9: Visual Buffers Conditional Use Permit Application 9 City of Cottage Grove a, a 0 0 3 N 0 Y U A O u i m 0 N 0 O C a) L O (U al w 0 a T OJ Y m >_ x O L Q Q m a) bA a _N yj m c � O m ++ o.v c w O L U O = O m 4L N a ami Y � V1 m C_ +• 3 m w L o � v O N � L Y � O bo C � u — N m Ia m m a � m C fAc v O _c Y a C O '> m Y N CCN Y Y � c � N v s E w 2 9 Y m .o � 3 c 3 � a � O L O m a H is N � � U 3 m N ii H O R �� Sunrise AW ENERGY VENTURES Solar Energy Conversion Panels The typical solar energy conversion panel will be a fixed -angle model, 10 to 12 feet tall and arranged in arrays as illustrated by Figures 14 through 17. Figure 14: Typical Fixed -Angle Solar Arrays Figure 15: Typical Fixed -Angle Solar Arrays �. If.t Figure 16: A Sunrise Community Solar Garden in another Community Figure 17: Appearance of Typical Solar Panel Arrays in a Field Conditional Use Permit Application 11 City of Cottage Grove 0 5Sunrise ENERGY VENTURES Connection to the Xcel System The proposed community solar garden will connect to the Xcel Energy grid at an existing distribution line that runs along the northeastern side of the right-of-way of Highway 61 immediately adjacent to the site. The connection to the Xcel grid will occur at a location that is completely shielded from view of the highway by dense woods and a natural berm as illustrated by Figure 10, above. That connection will consist of five pairs of wooden poles and overhead wires. Xcel Energy insists that this "cormnon coupling" be made above ground. However, if the City makes it a condition of CUP approval that the link be under ground, we will use that to negotiate with Xcel. Only three wires will run overhead from the common coupling to the line existing along Highway 61. "Common Coupling" Figure 18: Connection of a Typical Community Solar Garden to a Utility Network Conditional Use Permit Application City of Cottage Grove 12 tda Sunrise ENERGY VENTURES Tree Protection Approximately 1 acre of mature trees is proposed to be removed from this 101 -acre site for the project, which will constitute a small percentage of the "qualifying trees." The percentage of loss will be much less than the allowable threshold. A tree preservation plan will be submitted according to City Code 11-6-6 at least 14 working days before receiving a grading permit. The location of the trees to be removed is illustrated by Figure 12, below. Perimeter Fence Figure 35: Tree Removal Area A restricted -access galvanized chain-link perimeter fence will be installed for safety and security. The fence will be 6 feet tall, topped with three strands of barbed wire and include opaque slats. The fence alignment is illustrated by Figure 6, Site Plan. The fence will only encompass the facility and will be located toward the interior of the site relative to existing perimeter trees and shrubs in order to maintain that vegetation and obscure the view of the fence. On the southern property line, Sunrise will attempt to coordinate with the owner of the adjacent property, 61 Marine and Sport, regarding fence location and type. Sign A small freestanding identification sign will be erected near the entrance to the site. The sign will be within the height and size limits of City Code 9-8, Signs. Conditional Use Permit Application 13 City of Cottage Grove Y1 ..II � I'd • •b`y Alternate Location B Alternate Location ` p y , •ill{ ;War r ►y A`•� E' �' 41 ' � e>=sef.swaasJ� � -��.ar.o-._.;, '� 1 � - � let lo 1 � Ifs r' � � .I' - zee_ '�a5etsrropu�+ees�atr-,�ss¶1j'; E,ti- 1 r -�'• I IAp� ra..�m+rtr�aaztcvs�es ♦.1 1 .��. :. ]4.A.rt��^� Fid C s ��.�, r�z. rsass�ca-.raa�w- � •��rr y�_A+J�f6 psi : •, �,: I }• Interconnectl� Location ' �saraszrl.a.;:ru� .. lJ 1 1� l � 1 (� L �msacrmra �®'F!�6f®Ta+mRfIGIRI� i���tr�� I r r � 4AlY �25T�AdxaPrtlT1[a++cm�ra. 11 . li At 1 hr r .' ••�. { rw" el I _. I •;. IMove-1o�.d�Itennate; _ l r grate>a r>aua,_ -0VSunrise 40 ENERGY VENTURES Response to Ordinance Criteria In order to aid in the review process, please give a DETAILED response to the following ordinance criteria on this form or on separate exhibits. Your ability to meet the criteria is what the Planning Commission/City Council is required, in part, to base their review, so be specific. 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, assuming that Title 11, Chapter 4, Special Zoning Provisions, Solar Collection Systems, of the Zoning Code has been amended to include the subject parcel(s) in the Solar Collection System Areas. An application for that amendment has been submitted. The site is presently adjacent to but outside of a Solar Collection System Area. It is also in a Transition Area, but since it is far f -o n existing sewer and water lines, development is not expected until far in the future. The following elements promote conformance with the Comprehensive Plan and Zoning Ordinance: • The site is more than 5 acres in size. ■ The site is planned Rural Residential. See the section, Comprehensive Plan, above. ■ The site is located two miles from the Metropolitan Urban Service Area, zoned AG -1 and planned Agriculture. A community solar garden is allowed by Conditional Use Permit in any zoning districts that are in the Solar Collection System Area. • The site is not productive for agriculture because of the small size and odd configuration of its fields. Please refer to the section, Vegetation, above. ■ The community solar garden will be the Principal Use on the site. • The solar collectors will meet or exceed the setback for a Principal Use. ■ The solar collectors will be 10 to 12 feet tall, will meet all electrical standards and will have all necessary certifications. Please refer to the section, Solar Energy Conversion Panels, above. ■ The solar collectors could be removed in as little as 25 years, as the contract for power purchase by Xcel Energy will expire at that time. The entire site would then be available for urban development, although it seems doubtful that development will reach this location by then. Please refer to the section, Dc - Commissioning, below. • Generating electricity for local use through an inexhaustible, non-polluting source; the sun, is consistent with the City's stated objectives for sustainability. 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 lit these criteria? The community solar garden will consist of structures 10 to 12 feet tall. They will not move and will make minimal noise. There will be virtually no traffic to or from the site once construction is complete. Existing and planned perimeter landscaping will obscure views from nearby housing. The closest houses are well buffered by trees and shrubs. Please refer to the sections, Visual Compatibility, and Nearby Land Use, above. Conditional Use Permit Application 14 City of Cottage Grove - Sunrise ENERGY VENTURES C. The use shall not depreciate values of surrounding property. Explain effects of the proposed use on surrounding property values. It is highly unlikely that the community solar garden will decrease nearby property values as they will be barely noticeable because of surrounding vegetation, low height, silent operation and lack of traffic. All nearby houses are set a considerable distance from the site. Distances range from 370 (partially obscured) to 970 feet on the eastern side and 280 feet on the western side (but that viewed is obscured by woods). 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. The site will be kept neat and clean. The ground cover will be grass, which will be periodically mowed. Solar glare will be reflected upward. Surface water runoff will be less than under its present use as a cultivated field. The existing wetland and creek will not be disturbed and required buffers will be protected. Please refer to the section, Visual Compatibility, above. 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 inconveniences to the adjoining properties. Explain the transportation needs for the proposed use. There will be virtually no traffic to the site once construction is complete. 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. Demands on City services will be absolutely minimal. No new public streets, sewer lines or water lines will be needed. Police and fire protection services are not likely to be needed. 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. No public investments or expenses will be needed for the community solar garden. The solar equipment will be subject to real property taxes and a production tax in lieu of personal property taxes. 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? The wetland and streams on the site will be protected and buffered. Soil erosion will be reduced from present levels. The existing woods on the site will be preserved. Only minor tree removal will be needed. Please refer to the section, Site Plan, above. 1. The use shall cause minimal adverse environmental effects. List any effects. No adverse environmental effects will be generated. Conditional Use Permit Application 15 City of Cottage Grove 071 Sunrise �� ENERGY VENTURES J. The use shall not adversely affect the potential development of adjacent vacant land. List any potential problems. The community solar garden will not interfere with the development of nearby properties. Surrounding land is all zoned Agricultural. There are no collector or arterial roads planned along the perimeter or through the site. The solar collectors could be removed from the site long before serviced urban development reaches the vicinity. Conditional Use Permit Application 16 City of Cottage Grove *0,0- Sunrise -W ENERGY VENTURES Construction Site Preparation Construction of the community solar garden will include stabilizing the construction entrances and exits and access road and establishing the parking and staging areas for vehicle and equipment storage / laydown and maintenance. The laydown areas will be used for pre - assembly of components and materials storage and staging. These areas will also provide construction worker parking. The site access roads will remain in place for the operational phase of the Project. The extent of grading will be determined during final design. Grading will be minimized to the extent practicable. Typically, grading will consist of small cut and fill areas needed to reshape slopes to allow for photovoltaic modules to be installed within a range of 4 to 7 feet off of the ground when at their zero -degree position for trackers, which is when they are horizontal to the ground. Fixed tilt systems would always be the same distance from the ground. Their maximum height when tilted will be 12 feet. Some grading will also be required for structure foundations, but grading for access roads will be limited to removal of unsuitable soils since they will be designed and constructed at -grade when possible. Dust suppression on access roads will follow MPCA guidelines. During final design, the location of stripped and stockpiled topsoil may be removed during grading will be designated. Soil stockpiles could be as tall as 6 feet. During decommissioning, the stripped and stockpiled topsoil will be replaced following the de -commissioning plan. General facility grading will occur in entrance access areas and preparation of the staging / lay down area. The temporary staging / lay down areas will be about 4 to 5 acres and located at various locations within the facility. The staging/lay down areas will be used for storage of construction materials and shipped equipment containers, receiving construction deliveries, and temporary parking for Project related vehicles. A temporary construction office nailer will be located at the facility during construction. PV Equipment Installation Facility construction is designed for minimal site grading. Site grading and drainage will be conducted in accordance with the grading and drainage plan approved by the County and the State. The Project will be constructed using photovoltaic (PV) modules mounted on single axis trackers on embedded post foundations. Electrical Power Collection and Distribution System The PV modules will convert sunlight into direct current (DC) electricity. The PV -generated DC power will be collected from each of the multiple rows of PV modules through one or more combiner boxes and conveyed to an inverter. The inverter will convert the DC power to alternating current (AC) power, which will then flow to a medium -voltage transformer that converts the output of the inverter to 480 volts. Multiple medium -voltage transformers will be connected in a daisy -chain configuration and power will be delivered to the onsite main distribution switchgear from separate 34.5kV circuits. This switchgear acts as the primary Conditional Use Permit Application 17 City of Cottage Grove 47! Sunrise iWOENERGY VENTURES interconnection point, after which power is transmitted to the utility -owned grid via overhead power lines. Inverters, Transformers and switchgear will be mounted on poured concrete foundations. Roads Access to the Project will be from Highway 61 at a driveway shared with existing farm road. Fencing The project site will be fenced with 6 -foot -tall chain link fencing to secure the facility. Entry gates will be provided at several locations. Heavy Equipment Sunrise Development estimates that there will be between 15 and 35 large trucks used daily for equipment delivery during construction. Light duty hocks will also be used on a daily basis for transportation of construction workers to and from each facility. Construction equipment such as scrapers, bulldozers, dump trucks, watering trucks, motor graders, vibratory compactors, backhoes and the following will be used during construction: ■ Skid steer loader ■ Vibratory post driver ■ Medium duty crane ■ All -terrain forklift ■ Concrete truck and boom truck ■ High reach bucket truck ■ Truck -mounted auger or drill rig. Table 1 Construction Timeline for the Project Day Elapsed Construction Milestones + 1 Project approval and construction begins: ■ Installation of job facility trailers, temporary restroom facilities • Grading and vegetation clearing where necessary, ■ Preparation of roadways, staging/lay down yards, • Installation of piers and racking (installation possible year round) +60 Footings in place +90 Primary wiring completed +120 Control wiring completed +150 Start acceptance testing +180 Generation operational. Regular NPDES/SWPPP inspection during and after construction. Provide to the City an as -built drawing for the drainage improvements Conditional Use Permit Application 18 City of Cottage Grove Sunrise ENERGY VENTURES Solar Equipment Installation The solar energy system (arrays, collection and distribution systems) will be installed along with access roads after site preparation. The solar facility will be constructed in blocks, and multiple blocks will be constructed simultaneously. The Project will be constructed in approximately six months. Electrical testing and equipment inspections will be conducted prior to beginning commercial operations. As portions of the Project near completion, temporary staging and lay down areas will be vacated, and disturbed areas will be reseeded and re -vegetated. Once installation is complete, the primary staging areas will be reduced in size and the supply structure and associated permanent infrastructure will be constructed. All toilet facilities are temporary; no permanent restroom facilities or septic systems are needed for operation of the Project. After construction, temporarily disturbed areas within the Project will be restored to their pre - construction condition, The Project facility will be graded to pe -construction grades where possible, and soil will be loosened and seeded with low -growing perennial grass and forb species. Once construction is complete, the permanent access roads within the Project facility will be repaired and dressed as necessary to ensure their long-term function. Erosion control methods during and after construction will depend on the contours of the land, as well as requirements of relevant permits. Sunrise anticipates that the post -construction clean-up and Facility restoration activities will last approximately two to four weeks. Telecommunication Line and Other Construction A redundant set of telecommunication lines will be installed via an overhead utility pole to the facility. This will connect and interact with the XcePs electrical system. Sunrise coordinates with Xcel and/or the local telecommunications utility to arrange for a connection to the existing system. conditional Use Permit Application 19 City of Cottage Grove OR Sunrise AWP! ENERGY VENTURES Operations and Maintenance The expected service life of the proposed facility is 25 to 30 years, and Sunrise estimates that the Project will result in one to two FTE permanent positions to operate and maintain this Project along with other projects owned by Sunrise in the area. A maintenance plan will be created for the Project to ensure ongoing performance, including a scheduled check of the facility's components and a predictive maintenance approach for the devices subjected to derating / degradation. Derating / degradation refer to the known process of components losing efficiency over the expected useful life. Like all technology and physical components, a certain amount, sometimes 20 percent, of this efficiency loss is unavoidable over the expected component life. Sunrise will plan for and maintain the facility to ensure the maximum performance over the expected life of the components. Once construction is complete, staff will be present on a daily basis, with potentially more personnel at the facility at intervals associated with the maintenance All maintenance activities will be performed by qualified personnel during the day to the extent that they do not significantly disrupt energy production. Activities that have the potential for substantial noise generation will be performed during the day to minimize impacts to residents. It may be desirable to perform certain maintenance functions after sunset to minimize loss of power production. If a particular PV module, tracker row or tracker block within the community solar garden needs repairing, only that particular component will need to be disconnected and will be done by opening the combiner box circuit. The PV module can then be replaced and the combiner box circuit closed. Because of the modular way the that community solar garden components are assembled and controlled, a temporary shutdown such as this would result in only a minimal loss of energy production. Additionally, the power production circuits are separated from the tracking circuits. This allows the PV modules to operate during an unscheduled outage of the tracker system. A reserve of spare parts, components and tools for maintenance will be kept at a supply structure. Equipment Inspection Equipment inspection will occur at regular intervals, including: • PV modules: visual check of the PV modules, tracking system and surrounding grounds to verify the integrity of the PV modules and racking structure, or the presence of animals and nests, etc.; ■ Inverters, transformer and electrical panels: visual check of the devices including the connection equipment and the grounding network. ■ Check for presence of water and dust; ■ Electrical check: measurement of the insulation level and dispersion. • Check of the main switches and safety devices (fuses); • Noise: check of abnormal sounds; ■ Cabling and wiring: visual check of electrical lines (where visible) and connection box to verify its status. Conditional Use Permit Application 20 City of Cottage Grove Sunrise A0ENERGY VENTURES Performance Monitoring Performance monitoring will consist of a real-time and continuous assimilation of the data acquired by the facility meteorological station, energy meter and SCADA system. Operators and or maintenance personnel will be immediately notified of abnormalities so timely corrective action such as repair or replacement on; modules, racking, the collection system, and etc., can occur. Facility Maintenance Routine maintenance of the Project will include road maintenance, fence and gate inspection, and lighting system checks. Module washing is not needed on a scheduled basis. Rahn keeps the modules sufficiently clean and the site is vegetated to keep dust down so that washing modules would occur infrequently and only as determined by maintenance technicians. Snow and ice removal is not needed. The trackers and modules are designed to shed rain, snow and ice. Vegetation maintenance will include scheduled mowing and spot spraying weeds using registered herbicides. Maintenance Frequency The electrical and mechanical components of the community solar garden would be checked on a regular basis to ensure safety and reliability. The maintenance schedule would range from weekly to yearly depending on the component. Conditional Use Permit Application 21 City of Cottage Grove OF Sunrise ��11 ENERGY VENTURES De -Commissioning, Restoration and Repowering At the end of commercial operation, Sunrise will be responsible for decommissioning by removing all of the arrays and equipment. Decommissioning of the Project at the end of its useful life, estimated to be approximately 25- 30 years, as shown in Table _, would include removing the arrays, inverters, transformers, above -ground portions of the electrical collection system, fencing, lighting, and supply structure from the Project. Standard decommissioning and restoration practices will be used, including dismantling and repurposing, salvaging, recycling or disposing of the solar energy improvements, and restoration. Land returned to agricultural production will be reclaimed to restore topsoil that may have been scraped and stockpiled from areas that are designated in the final design plan. Table 2 De -Commissioning Plan Summary Phase Facility I Timeline Decommissioning is estimated to take approximately six (6) months to complete. The decommissioning crew will ensure that all equipment is recycled or disposed of properly. Financial Sunrise will be responsible for all costs to decommission the Resource Plan Project. Because of the uncertainty in predicting future decommissioning costs and salvage values, Sunrise will review and update the original decommissioning plan that was approved by the City closer to the end of the Project's life. Sunrise will abide by the applicable condition(s) and ensure the Project is decommissioned in accordance with the Conditional Use Permit. Removal and The removal and disposal of the Project components are found Disposal of below. Project Components photovoltaic Modules PV modules will be inspected for physical damage, tested for functionality, and removed from racking. Functioning PV modules will be packed and stored for reuse. Non-functioning PV modules will be sent to the manufacturer or a third party for recycling or other appropriate disposal method. Racking, Poles Racking, utility poles, and fencing will be and Fencing dismantled/removed and will be sent to a metal recycling facility. Holes will be backfilled with soil from the Project facility. Wire Above -ground wire will be sent to a facility for proper disposal and/or recycling. Below - Conditional Use Permit Application 22 City of Cottage Grove Sunrise ENERGY VENTURES Phase Facility ground wire will be cutback to a depth of two to three feet below grade and abandoned in place. Conduit Above -ground conduit will be disassembled at the Project and sent to a recycling facility. Junction Boxes, The boxes will be sent to an electronics Combiner recycler. Boxes, External Disconnect Boxes, etc. Inverters Functioning inverter parts will be re -used. Non-functioning inverters will be sent to the manufacturer or an electronics recycler as applicable. Concrete Pads Material from concrete pads will be removed and sent to a concrete recycler. Computers, Computer components will be sent to an Monitors, Hard electronics recycler and functioning parts will Drives and be reused. Similar Restoration After all equipment is removed, the Project site will be restored and to a condition similar to its pre -construction use if the Project Reclamation of site will once again be used for agricultural. If holes are created the Site when infrastructure is removed, they will be back-filled and covered with topsoil. Concrete pads and all other equipment will be removed and disposed of as described above. Unless requested otherwise, permanent access roads constructed on the Project will be removed. Topsoil that was stripped and relocated to designated areas on the site during construction will be re -worked to cover exposed subsoils. Project Components The activities involved in the facility closure would depend on the expected future use of the site. Certain facility equipment and features such as transmission facilities, roads, and drainage features, may be left in place for firture uses. The future use will be determined at the point that decommissioning is determined to be in order. The key Project components to be affected by decommissioning activities are discussed below. The general decommissioning approach would be the same whether a portion of the Project or the entire Project would be decommissioned. Conditional Use Permit Application 23 City of Cottage Grove OT SunRGY rise wo Decommissioning Preparation The first step in the decommissioning process would be to assess existing site conditions and prepare the site for demolition, access roads, fencing, electrical power, and other facilities will temporarily remain in place for use by the decommissioning workers until no longer needed. Demolition debris will be placed in temporary onsite storage area(s) pending final transportation and disposal and/or recycling according to the procedures listed below. Permits and Approvals Depending on the regulatory requirements at the time of decommissioning, permits or approvals may be required for the decommissioning activities. The project will not impact waters of the United States or Threatened or Endangered species, so no federal approvals are expected. Appropriate applications for approvals would be submitted and approves issued prior to decommissioning activities. Erosion Control Prior to commencement of decommissioning activities, erosion control measures would be implemented. The type and extent of these measures would be dictated by the regulatory requirements at the time of decommissioning. Health and Safety A Health and Safety Plan will be developed prior to decommissioning activities. The plan wil be designed to ensure worker and public safety during decommissioning. A Health and Safety Manager will be assigned to the decommissioning activities to provide worker training and health and safety monitoring. PV Equipment Removal During decommissioning, Project components that are no longer needed would be removed fi•om the site and disposed of at an appropriately licensed disposal facility. Above ground portions of the PV module supports will be removed. Below ground portions of the PV module supports will be removed entirely where practical. Those supports that are more firmly anchored (e.g., such as embedded in bedrock) may be cut off below grade, and the remaining support left in place. This will avoid impact of underground equipment on future farming activities. The demolition debris and removed equipment may be cut or dismantled into pieces that can be safely lifted or carried with the onsite equipment being used. The debris and equipment will be processed for transportation and delivery to an appropriately licensed disposal facility or recycling center. No hazardous materials or waste will be used during operation of the solar facility, and disposal of hazardous materials or waste will not be required during decommissioning. Electrical Power Connection/Distribution System All electrical equipment, including combiner boxes, inverters, transformers, and switchgear, will be de- energized and dismantled and removed. AC power equipment can be de -energized Conditional Use Permit Application 24 City of Cottage Grove -0107 Sunrise IWAO ENERGY VENTURES by the utility at point of interconnection and safely removed, and DC power can be de - energized by first operating the combiner box disconnects and then unplugging module leads. The cast -in-place concrete foundations will be broken up, removed and recycled. The underground distribution cables and raceways will be cut below grade and will remain in place. Roads Onsite roads will remain in place to accomplish decommissioning at the end of the Project's life. At the time of decommissioning, if the City of Cottage Grove determines that some of these roads will be beneficial for future use of the site; those roads may remain after decommissioning. Roads that will not be used will be restored. If there are any gravel roads or parking areas, the gravel would be removed and shipped to an appropriate disposal site. The area of the roads will be graded, consistent with existing land contours. Fencing Project site perimeter fencing will be removed at the end of the decommissioning project. to return the site to pre -project condition. Site Restoration Once removal of all Project equipment is complete, any excavated areas from post or equipment removal will be backfilled with native soil. Any areas backfilled or otherwise disturbed will be stabilized and reseeded. Future Land Use While the decommissioning plan is based upon the site being returned to a condition consistent with pre -construction use, the actual activities involved in the facility closure would depend on the actual future use of the site. Certain facility equipment may be used in the future, such as the transmission facilities and roads. Therefore, the actual extent of site closure activities would be determined at the time of the closure. Project Decommissioning Costs and Bonding For the purpose of bonding, an estimate of the cost of decommissioning the Project will be presented to the City. Funding mechanisms to cover the estimated cost of implementing this Decommissioning Plan shall be secured in the form of a corporate guarantee. Every ten years, over the life of the Project, an updated estimate of decommissioning costs will prepared by Sunrise to adjust for inflation. Decommissioning Schedule Decommissioning activities will be completed prior to expiration of the life of the community solar garden. Conditional Use Permit Application 25 City of Cottage Grove Sunrise ENERGY VENTURES Noise Emissions Noise Emitted by the Project During Project construction, noise will be emitted by the construction vehicles and equipment, including vibratory pile drivers for installation of piers. The equipment noise will in the 80 to 90s dBA range, which will vary based on the type of construction that is occurring on a given day. These noise impacts will be temporary during the Project construction phase. Since this is a solar photovoltaic facility, operational noise is generated during daylight periods. There will be limited maintenance noise after sunset. During Project operation, the main source of noise will be generated by the electric inverters, and to a lesser extent from the transformers and rotation of the tracking system. All electrical equipment will be designed to National Electrical Manufacturer Association (NEMA) Standards. Sunrise plans to use AE 1000NX, or equivalent, inverters. These inverters produce 65 dBA of sound at their source. The noise generated from the inverters at 30 feet away will be below the nighttime residential MPCA noise standards. Inverters are centrally located within the I MW -AC CSG; therefore, the noise levels from the Project equipment are not expected to be discernible from background noise levels at homes surrounding the Project. During final design, Sunrise will confirm that MPCA noise standards will be met at sensitive receiver (homes, parks, schools businesses, etc.). Mitigation Measures Noise will be mitigated during constriction by maintaining engine mufflers following manufactures specifications. Sunrise plans to limit construction to daylight hours. During operation, no adverse noise impacts are anticipated. Therefore, no additional mitigation measures are proposed. Noise Description Noise is defined as unwanted sound. It may consist of sound from a single source and intensity or a combination of many frequencies and intensities. Noise is measured in units of decibels (dB) on a logarithmic scale. Because human hearing is not equally sensitive to all frequencies of sound, certain frequencies are given more weight. The A -weighted scale (dB(A)) is used to reflect the selective sensitivity of human hearing. This scale puts more weight on the range of frequencies that the average human ear perceives, and less weight on those that we do not hear as well, such as very high and very low frequencies. Common sound sources within an agricultural and/or rural environment include, but are not limited to, sound from motorized farm equipment, sound generated from traffic on roadways, sounds from bids, and wind passing through vegetation. Typically, the ambient acoustic environment of a rural or agriculturally -oriented area has equivalent continuous sound levels (Leq), which is an energy- based time -averaged noise level, ranging from 30 dB(A) to 60 dB(A). A comparison of common noise- generating sources is outlined in Table Conditional Use Permit Application 26 City of Cottage Grove .1000Wq Sunrise 4 ENERGY VENTURES Table 3 Decibel Levels of Common Noise Sources Sound Pressure (dBA) Noise Source 140 Jet Engine (at 25 meters) 130 Jet Aircraft (at 100 meters) 120 Rock and Roll Concert 110 Pneumatic Chipper 100 Jointer/Planer 90 Chainsaw 80 Heavy Truck Traffic 70 Business Office 60 Conversational Speech 50 Library 40 Bedroom 30 Secluded Woods 20 Whisper Source: "A Guide to Noise Control in Minnesota" MPCA (2008). The MPCA has authority to adopt noise standards pursuant to Minnesota Statutes Section 116.07, subd. 2(c). The adopted standards are set forth in Minnesota Rule 7030. The MPCA standards require A -weighted noise measurements. Different standards are specified for daytime (7:00 AM to 10:00 PM) and nighttime (10:00 PM to 7:00 AM) hours. The noise standards specify the maximum allowable noise volumes that may not be exceeded for more than 10 percent of any hour (L10) and 50 percent of any hour (L50). Household units, including farmhouses, are included in Land Use Classification NAC -l. Table 5 shows the MPCA State Noise Standards. Table 4 State Noise Standards Conditional Use Permit Application 27 City of Cottage Grove Daytime Nighttime Land Use Classification L10 L50 L10 L50 Residential NAC -1 65 60 55 50 Commercial NAC -2 70 65 70 65 Industrial NAC -3 80 75 80 75 Conditional Use Permit Application 27 City of Cottage Grove OF Sunrise Aa.ENERGY VENTURES South Washington kf4TERS1111) District February 23, 2016 Mr. Jason Naber, Natural Resource Specialist Emmons and Olivier Resources, Inc. 651 Hale Avenue North Oakdale, MN 55128 RE: Cottage Grove Solar Garden Wetland Delineation Report. Dear Mr. Naber: The South Washington Watershed District (SWWD) has reviewed the information provided regarding the existence of wetlands on a parcel located in Cottage Grove, MN (PID 36.027.21.12.0002 and 36.027.21.13.0001). Review included consultation with Technical Evaluation Panel (TEP) members. The information was submitted outside of the growing season as defined in S W WD rule and no official application was made for delineation concurrence. The information reviewed included a desktop review of hydrology, soils, topography and historic aerial photography. The conclusion from this information was that no wetlands existed within the agricultural fields. Apparent signatures evident in the historical photography appear to correspond with the shoulder position of steeper slopes. Soils in these locations also indicates coarse texture soils on "B" and "C" slopes (2-15%) One wetland exists from the NWI located in the North Central portion of the property. This wetland, and possible wetlands not within the agricultural fields, will need to be fully delineated and will need to be verified by the TEP in the field. Please submit the complete delineation report and application to the SW WD after the start of the growing season, May 1, 2016. In addition a Public Waters Watercourse exists on the site and will need to be investigated and potentially permitted for wetlands.. Based on review of the above information the S W WD agrees that no apparent wetlands exist within the agricultural fields, This will need to be verified in the field by the TEP during the growing season. This letter should not be deemed a concurrence of delineation or a wetland permit granted by the S W WD. 2302 Tower Drive • Woodbury, MN 55125. 651-714-3729 • Fax 651-714-3721 www.swwdmn.org Conditional Use Permit Application 28 City of Cottage Grove Mr. Jason Naber, Natural Resource Specialist Cottage Grove Solar Garden Wetland Delineation Report. February 23, 2016 Attached is a color infrared red photo of the site. If you have any questions or need additional information please contact me at 651-714-3729 or mmoore@ci.woodbury.rnn.us. Sincerely, South Washington Watershed District Matt Moore S W WD Administrator c: SW WD Board of Managers Mr. Jack Clinton, Jack W. Clinton, P.A. Mr. Jed Chesnut, Washington Conservation District Conditional Use Permit Application 29 City of Cottage Grove "Sample"' St®rmwater Management Plan Narrative For Community Solar Garden Sunrise Energy Ventures 601 Carlson Parkway, Suite 1050 Minnetonka, MN 55305 Prepared By: F.01 w a t e r e c o l o g y community Original: March XX, 201X EOR is an Equal Opportunity Affirmative Action Employer Emmons & Olivier Resources, Inc. 651 Hale Ave N Oakdale, MN 55128 T/651,770.8448 F1651.770.2552 www.eoHne.com I. Civil and Site Design Package The civil and site design package consists of the following documents: 1. Subsurface Soil Analysis prepared by "Geotechnical Engineering Company".* 2. Tree Inventory and Classification Information prepared by "free Company"* 3. Civil and Site Design Plan Sheets — Dated,!) A. Sheet 1 of 8 —Existing Drainage Areas B. Sheet 2 of 8 — Proposed Drainage Areas C. Sheet 3 of 8 — Grading & Drainage Plan D. Sheet 4 of 8 — Erosion & Sediment Control Plan E. Sheet 5 of 8 — Vegetation Restoration Plan F. Sheet 6 of 8 — Engineering Details G. Sheet 7 of 8 —Engineering Details H. Sheet 8 of 8 — Stormwater Pollution Prevention Plan (SW PPP) 4. Water Quality Calculations 5. Hydrology and Hydraulic Calculations A. Existing Conditions B. Proposed Conditions 6. Volume Generation Calculations 7. Stormwater Management Plan (Described herein) *Services performed by others and contracted directly with the owner. II. Proiect Summar See the "Conditional Use Permit Application" for a complete summary of the project The site of the proposed community solar garden is northeast of Highway 61 between I I& and 114`s street; directly north of the 61 Marine & Sports business. At this time, all proposed work is intended to take place on private property, with no need to request permission for constructing improvements within MnDOT Right -of -Way. In addition to submitting to the City of Cottage Grove, additional review will need to be performed by MnDOT. It is anticipated a submittal will be made to MnDOT once the project receives City approval. As part of the project, a "Vegetation Restoration Plan" will be prepared that will include specifications for revegetating the existing agriculture fields. As part of the plan, it's anticipated a specified degree of soil restoration will be required; if this technique is necessary it shall be accomplished by completing decompaction consisting of deep ripping of soils to a depth of 18 -inches per the standards of South Washington Watershed District, and the addition of MnDOT Grade 2 (or 1) compost shall be incorporated into the top 6" of soil to assist with reducing runoff. Additional project requirements include meeting stormwater management rules for the City, SW WD, and MnDOT shall be adhered to. The drainage area included in the project is approximately XXX acres, which includes approximately 80.0 acres that drains from parcels located offsite and to the east. Typical Stormwater Management (Best Management Practices) BMPs shall include, but not be limited to the following: vegetation & soil restoration as referenced above, vegetated swales or ditches, bioretention basins, and standard stormwater management ponds. III. Land Cover Type Existing land cover for offsite drainage areas consists of agricultural row crops. And, existing land cover for onsite drainage consists of building roofs, gravel driveway & storage areas, turf lawn areas,, woods with sparse understory vegetation, and woods & grass combination. Emmons & Olivier Resoumes, Inc. 651 Hale Ave N, Oakdale, MN 55128 T/ 651.770.844E F/ 651.770.2552 www.eorine.com IV. Site Specific Soils Soils consist of a combination of non -hydric and hydric (primarily in low areas), and shall be investigated futher through a subsurface investigation survey. V. Curve Numbers For existing conditions, it's anticipated the following pervious and impervious curve number (Cl) values selected for HSG B type soil (as described below) will be applicable: Existing Conditions • 50-75% Grass cover, Fair: 69 • Brush, Fair: 56 • Gravel Parking: 85 • Row Crops: 78 • Unconnected roofs: 98 • Woods/grass combination, Fair: 65 Proposed Conditions • SWM, HSG A: 39 (Biofiltration Basin) • Brush, Fair: 56 • Gravel Parking: 85 • Meadow, non -grazed: 58 {HSG B to account for proposed decompaction after grading) • Row Crops: 78 • Unconnected roofs: 98 • Woods/Grass, Fair: 65 VI. Rainfall Data Rainfall event data from NOAA Atlas 14; Type B, MSE 3 Distribution was used to determine the 24 hour rainfall depths for the following events: • 1 -year event: 2.44 inches • 2 -year event: 2.80 inches • 10 -year event: 4.16 inches • 50 -year event: 6.16 inches (for runoff directed to MnDOT ROW) • 100 -year event: 7.20 inches VII. Stormwater Management Best Management Practices To meet the requirements of the City of Cottage Grove Surface Water Management Plan, dated August 2008, several Stormwater Management Best Management Practices (BMPs) will be implemented. As described above, BMPs shall include the following: • Typical Stormwater Management (Best Management Practices) BMPs shall include, but not be limited to the following: vegetation & soil restoration as referenced above, vegetated swales or ditches, bioretention basins, and standard stormwater management ponds. • In addition - Typical Erosion & Sediment Control BMPs shall include, but not be limited to the following: - Rock construction entrances - Topsoil management - Concrete washout areas Silt fence, filter logs, and/or topsoil berms for perimeter control; - Silt fence, filter logs, and/or riprap j -hook or ditch checks for surface flow control; - Temporary sedimentation ponds w/skimmer outlet structures; Emmons & Olivier Resources, Inc, 651 Hale Ave N, Oakdale, MN 65128 T/651.770.8448 F/651.770.2552 www.ecrinc.com - Temporary and permanent seeding and straw or hydro mulching; - Dust suppression; Street sweeping Water Quality: To meet the requirements of Policy 3.2, the BMPs shall remove a minimum of 80% of total suspended solids (TSS) and 50% of total phosphorous (TP) prior to runoff leaving the site. Pollutant removal percentages shall be determined based on values provided in the Minnesota Stormwater Manual and those determined by the MIDS Calculator. Peak Discharge Runoff Rates: To meet the requirements of Policy 2.3, and SW WD Rules, and MnDOT Rules, the BMPS shall meet pre -developed or existing conditions for the rate of stormwater leaving the site. Stormwater calculations will be determined by using HydroCAD or SWMMM. A comparison of existing and proposed peak rmoffrates for the 1-, 2-, 10, 50- (Mn/DOT only), and 100 -year storm events will be made. Common discharge locations will be noted. An example table has been provided: Table X. Total Rate of Stormwater Leavine Site (Node XX) Event Existing [cfs] Proposed [cfs] Difference [cA] 1 -year 2 -year 10 -year 50 -year 100 -year Average Annual Runoff Volume: To meet the requirements of Policy 2.3, and SW WD Rules, the BMPS shall provide volume control that is equal to or less than the average annual runoff volume for pre -developed or existing conditions. To demonstrate the proposed conditions meet or reduce the average annual runoff volume of the pre -developed or existing conditions, HyroCAD, SWMM and/or the MIDS calculator will be used. Example tables are provided here: Table X. Volume of Stormwater Generated by Site ode XX Average Annual Runoff Volume Determined by the MIDS Calculator Event Existing [af] Proposed [af] Difference [af] Annual Average (31.4 —Inches Reduction Table X. Volume of Stormwater Managed by Site (Node XX) Average Annual Runoff Volume Determined by the MIDS Calculator Volume Volume Reduction Event Performance Reduction Difference [al] Goal [afJ Achieved [afJ Annual Average 31.4 — Inches Emmons & Olivier Resources, Inc. 651 Hale Ave N, Oakdale, MN 56128 T/ 651.770.8448 F/ 651.770.2552 www,eorinc.com Peak Elevations: To demonstrate proposed swales or ditches have adequate capacity to maintain flow within the cross-section, an example table has been included that shows various Swale centerline elevations and the corresponding high water elevation for the average depth at peak storage. Table X. Peak Elevations for (Node X) Swale Centerline Elevation [feet] 100 -Year Event Average Depth at Peak Storage in Swale feet Corresponding 100 -Year Event Average Water Elevation in Swale [feet] Adjacent Top of Berm Elevation feet Difference [feet] Flow Contained Within Swale Sincerely, Derek Lash, PE, CPESC Civil Engineer MN License # 45156 Emmons & Olivier Resources, Inc. 651 Hale Ave N, Oakdale; MN 55128 T/651.770.8448 F/651.770.2552 www.eorinc.com /' ,•,,,, ,o„ Community Development Department Planning Division �Xd Grow 12800 Ravine Parkway South Telephone: 651-458-2827 ■��..,, ,..aatT� Cottage Grove, MN 55016 Fax: 651-458-2897 www.cottage-grove.org E -Mail: planning(ftottaae-orove.ora VARIANCE APPLICATION — RESPONSE TO ORDINANCE CRITERIA The Planning Commission and City Council may recommend a variance from the strict application of the zoning ordinance, if they find that your application meets the findings below. Please provide a DETAILED response to all of the following findings: 1. The variance is in harmony with the purposes and intent of this title. Please circle: Yes X No i 2. The variance is consistent with the comprehensive plan. Please circle: Yes X NoFWP MAR 2 2016 3. The proposal puts the property to a reasonable use. Please explain. CITY of CDiiAGE GROVE The variance would allow the installation of a community solar garden (a solar energy conversion facility). The solar arrays would cross an internal property line between two parcels under the same ownership. The intention is to develop the two parcels as if they were one. The two parcels will remain under single ownership by Sunrise Energy Development, LLC. 4. There are unique circumstances to the property not created by the landowner. Please identify these circumstances. The two parcels were divided through metes and bounds descriptions by another land owner many years ago. 5. The conditions upon which an application for a variance is based are unique to the parcel of land for which the variance is sought and are not applicable, generally to other property within the same zoning classifications. Please list the conditions that are unique. This variance is intended to be applied to just these two parcels. 6. The purpose of the variance is not based exclusively upon a financial hardship. Please circle: Yes X No 7. The granting of the varianre will not be detrimental to the public welfare or injurious to other land or improvements in the neighborhood in which the parcel of land is located. Please circle: Yes X No 8. The proposed variance will not impair an adequate supply of light and air to adjacent property, or substantially increase the congestion of the public streets, or increase the danger of fire, or endanger the public safety. Please identify any potential impact the requested variance may have. There would be no such external effects. tconomlc hardship Is not regarded by the Courts as a reason for approval. Neighborhood support or opposition. without any basis of facts, is not regarded by the Courts as reason for either approval or denial. Applicant Name: Case Tr -- unnse #{ ENERGY VENTURES March 25, 2016 Mr. John McCool, AICP Community Development Department City of Cottage Grove 1.2800 Ravine Parkway Cottage Grove, MN 55016 Re: Applications for Zoning Text Amendment, Conditional Use Permit and Variance Dear Mr. McCool: Sunrise Development, LLC, hereby requests that the City of Cottage Grove grant a 60 -day extension to the "60 Day Rule" beginning with the end of the initial 60 day period, consistent with M.S. 15.99, Subd. 3 (g). - Thank you. MAR 1 8 1016 Sincerely, CITY 0;= Ca r'AG• — G!'011. Dean Leischow Chief Executive Officer 60.1 Carlson Parkway, Suite 1050, Minnetonka, Minnesota 55305 612-293-9900 dean@)Sunriseenergyventures.com Sunrise RECEIVE APR 1 B 2016 ENERGY VENTURES CITY OF COTTAGE GROVE 5 Megawatt Community Solar Garden A Commercial Temporary Land Use Sunrise will have a contract with Xcel Energy for 25 to 30 years. After that time, the solar panels can be removed. Sunrise will agree to seek City permission to continue beyond that point. Municipal sewer service is not expected to be available to this site before then. Can Accommodate other Commercial Development Short -Term and Longer -Term The solar panels can be located on the central part of the site, leaving the southern part open to be split off and sold for commercial or residential development. An extension of 1140' Street across the lower portion can also be accommodated. After the solar project is retired, the entire site will again be open for other uses. In any case, to the southeast along Manning Avenue, there is a flat, open 25 -acre site better suited for commercial use, particularly in the absence of sewer service. Well Screened from Highway 61 and Neighboring Properties Along Highway 61, there is a dense growth of trees and shrubs plus a natural berm. Also, the solar panels can be located north of a secondary ridge. The facilities for connecting to the Xcel system will be completely hidden behind dense woods, and the link out to the highway can be underground. The site is naturally screened from neighboring properties, and Sunrise will supplement that vegetation with spruce and fir trees. (Please see the next page.) Environmentally Compatible There will be minimal grading and no impact to the wetlands or streams. The quality of surface water runoff will actually be improved. The facility will be silent and motionless. It will produce power without any carbon or other emissions. Only 35 to 40 of the 101 acres will be occupied. Will Pay Property and Production Taxes The facility will pay property tax and a production tax. Site plan showing alternate location for the solar panels 4. Myers 89' 00000 " 486' McGrath- Fernholz • a- o0 Proposed Conifer _ i 00 Plantings , p/ 6 937 het a " o I 940 fee Retired I Farmstead 'f n V - Ridge Line s 900 feet F F' Proposed ('orot'LIr 3. 114th Street. .I 'ti1m\ (,. _ `I.f,: ��K ` 11. "A i[•,• .. ��Yti�����i�"�iO,�. @� ��1 � '1 �Y i� i mar � t�'S=SGta1P Tirl 1 � ' kT ! - } 7A Perimeter Supplementary Planting Plan 33 Balsam Fir trees -- 8 feet tali — planted 10 feet on -center 22 White Spruce trees — 8 to 12 feet tall — planted 10 feet on -center 21 Balsam Fir trees — 6 to 8 feet tall — planted 10 feet on -center Please see species illustrations on the next page. LEGEND BALSAM FIR rr oY WHITE SPRUCE MYERS r �F ��,ti .�;�:. •��,� � , ,. ,� ��r � ..els, - . .' �, - MCGRAiH - FERNHOLZ 14'. FUTURE SOLAR GARDEN SITE t C 5•i 1 1 �, I I.N. \ . � S 1 s � 1 I �1 l � i k w 6, ) �. ..f RECEIVED Sunrise AFR 1 r3 2010 � . ipf��t ENERGY VENTURES CITY OF COTTAGE GROVE Perimeter Supplementary Planting Plan 33 Balsam Fir trees -- 8 feet tali — planted 10 feet on -center 22 White Spruce trees — 8 to 12 feet tall — planted 10 feet on -center 21 Balsam Fir trees — 6 to 8 feet tall — planted 10 feet on -center Please see species illustrations on the next page. LEGEND BALSAM FIR rr oY WHITE SPRUCE MYERS r �F ��,ti .�;�:. •��,� � , ,. ,� ��r � ..els, - . .' �, - MCGRAiH - FERNHOLZ 14'. FUTURE SOLAR GARDEN SITE t C 5•i 1 1 �, I I.N. \ . � S 1 s � 1 I �1 l � i k w 6, ) �. ..f s i 1r"J � I ci fl, r �. sp, y 1 REC IVED - - From: Diane Bailey <pedersen2bailey@aol.com> ,Q� 2 2016 Sent: Thursday, April 21, 2016 1:02 PM To: John McCool CITY O� COTTAGE GROVE Subject: Sunrise Energy Ventures I am James Pedersen have lived at 11300 Pt Douglas Rd 41 years and am very supportive of the Solar Garden that will be my new neighbor to the east of me. The pluses are the beautiful natural screening and a 10 percent energy saving. Also thru the years living here I have seen flooding run thru the valley and over the highway (61) as high as the billboards. So the planning to leave the valley as is, is an excellent idea. I believe this is a good start for Cottage Groves clean future energy needs. This email has been scanned by the Symantec Email Security.cloud service. For more information please visit http://www.symanteceloud.com