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Home My WebLink About2016-06-15 PACKET 11.B. Cottage J Grove ��er� Pride and Qro�P�rity Me�t C I t�/ C O U I'1 C I I REGULAR AGENDA Acfion Request Form 11 .8. Meeting Date 6/15/2016 Department Community Development Title of Request Sunrise Solar Garden - Zoning Text Amendment, Conditional Use Permit, and Variance Staff Recommendation Accept the Planning Commission's recommendations and adopt Resolution 2016-117 denying Sunrise Development, LLC's zoning text amendment, variance, and conditional use permit applications for their proposed five megawatt community solar garden as shown on their revised site plan prepared by Sunrise Development, LLC dated May 19, 2016. ATTACH MENTS: Description Type Upload Date Council Memo Cover Memo 6/10/2016 City Attorney Memo Backup Material 6/10/2016 Resolution Resolution 6/13/2016 Exhibits Exhibit 6/10/2016 Revised Site Plan dated 6/9/16 Exhibit 6/10/2016 PC Minutes Excerpt 2016-03-28 Backup Material 6/10/2016 PC Minutes Excerpt 2016-04-25 Backup Material 6/10/2016 PC Minutes Excerpt 2016-05-23 Backup Material 6/10/2016 Cottage / Grove �P�c Pride a�dP��s�rity Meet TO: Mayor and Members of the City Council Charlene Stevens, City Administrator FROM: John McCool, Senior Planner DATE: June 9, 2016 RE: Sunrise Development, LLC — Proposed Community Solar Garden 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 perm it. 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. Honorable Mayor, City Council and Charlene Stevens Sunrise Development, LLC—Community Solar Garden June 9, 2016 Page2of19 EXHIBIT A d Solar Collection System Areas Cottage Grove,MN � - 'r � � LEGEND ' �,v: .'�Solal Colleci on Svsieril�lreas ;€+�.- `' „ c�cuv eo�ndarv AREA PROPOSED TO BE "" "` �—�-Ra,i,o�a ADDED TO THE SOLAR Mississi�iai�ei COLLECTION SYS7EM AREA � IN EXHIBIT "A"OF 948 r� �t �' �� ... i ... ....��. ` �C� __x C ��.— �`� �'�\ � � 1 �� s � _ 1 � � �r.•.,.,, Proposed Ord. No. 948 Amendment— Exhibit "A" 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 — Public Hearings The Planning Commission held a public hearing on March 28, 2016, for Sunrise Development's zoning text amendment, variance to the ordinance minimum setbacks regulations, and conditional use permit for the proposed five megawatt community solar garden. The applicant at that time requested that the Planning Commission not take any action on their planning applications and granted the City a 60-day extension for the City to review and take final action on their planning applications. Public testimony was received at the public hearing on March 28, 2016. 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 residential dwellings. The Planning Commission voted unanimously to continue the public hearing to April 25, 2016. At the April 25, 2016, Planning Commission meeting, the continued public hearing was re- 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 again voiced for potential visual and property value impacts. Honorable Mayor, City Council and Charlene Stevens Sunrise Development, LLC—Community Solar Garden June 9, 2016 Page3of19 Bill Weber, consultant representing Sunrise Energy Development, stated that they agree to relo- cate the solar array area labeled as "Move to Alternate Location?" on their revised site plan to the "Location Alternate" area if required by the City. Weber also reported 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. At that April 25 meeting, the Planning 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 conditions was prepared for the Planning Commission's consideration and presented to the Commission at their meeting on May 23. On May 19, 2016, Sunrise Development submitted a revised site plan that relocated a portion of the solar collectors closest to Highway 61 to the northern area of the property. A copy of the revised site plan is shown below. rv�nUi .tItLN;KFA9Ai �AINIIAir�,1�1`,S�FfPN'ACfRC�A ''A Sunrise nwtuvrtl�nriU ��F�a��v � ENEAGYVENTUAES 601 Carlson Parkway . . - ,- /I - - K�N Suite 1050 � � - •�• - �� ^ � e� Minnetonka,MN 55305 TeC(612)293-9900 Fax:(612)2933839 ____ _ - ,'� � � sunriseenergyvenWres.com :_:' " �..�,; � . .... --- Project:Cottage Grove - - Site Address: __......... ._ , — � �� ' 11576 Point Douglas Rd S. -- � Cottage Grove,MN 55033 .-_... -...-.. ----. --„__..........- �epend --- ��-- Proposed Fence � -.. � , PropeRy Boundary " �.-, �,'.F. — I Property Line Setback �� Existfng Overhead Line —Underground MV Line "�� . —Wedand -Wetland Setback Line �� _ _ ,,,a:�, �'.: :i �� -- Stream �� ti��,�T,��,��hsR�, , ��rE�.r��r,r.n�� . . Stream Setback Line ' a,� t __. _ _. Proposed Access Road � � . � Proposed Inverter �� i;�� s " � CG Solar Layout �� ; � ' . Revised Site Plan —May 19, 2016 At the May 23, 2016 Planning Commission meeting, the public hearing was re-opened for public testimony. Bill Weber, representing Sunrise Energy Development, stated that they believe the revised layout can accommodate both the interests of the City and the interests of the neighbors by relocating a portion of the solar arrays closest to Highway 61 to the northern part of the site. The solar arrays will be 435 to 900 feet from the Highway 61 roadway and should be adequate Honorable Mayor, City Council and Charlene Stevens Sunrise Development, LLC—Community Solar Garden June 9, 2016 Page4of19 for future development and roadways to be constructed along Highway 61. Weber said that by the time development occurs, the Sunrise solar garden might be removed since their project is based on a 25-year agreement with Xcel Energy. He also noted that the arrays would be behind the natural berm that is about 300 feet from Highway 61 and proposed to plant spruce and fir conifers that are 8 to 12 feet tall along the berm and adjoining residential properties. Weber stated that Sunrise Development reviewed the nine conditions approving the variance and conditional use permit and accept those conditions. The Planning Commission discussed the designated transition planning area and expressed concerns that a conceptual development plan for this particular area in the community has not been prepared to insure that the proposed solar collection project will not adversely impact future utilities and roadway systems for that area. The applicant offered to work with the City in studying and preparing a map showing how a collector roadway could bisect the property. The applicant agreed to add a condition to the conditional use permit application that the proposed solar garden use be terminated at the end of the 25-year period. The Planning Commission was reminded that community solar gardens and solar farms are allowed as a conditional use, not an interim conditional use whereby a termination date is specified. The conditional use permit runs with the land. The City Attorney stated that even if the applicant agrees to include a condition that the solar use must terminate and be removed from the site at the end of a 25-year period, that type of condition could be challenged because the conditional use permit will effectively be an interim conditional use permit, which is inconsistent with the City's ordinance regulations. The Planning Commission expressed concerns for the inability to specify a timeframe for the proposed solar collection system to be permitted on the subject property and the potential future legal challenge that might not benefit the City. The Planning Commission was interested in the possibility of amending the ordinance. At the May 23, 2016, Planning Commission meeting, a motion to approve the variance and con- ditional use permit applications failed on a 3-to-5 vote. Following this failed motion, a motion was made to reconsider the recommended approval for the text amendment from the April 25 meeting. This motion passed on a 7-to-1 vote. A subsequent motion was made to deny the text amendment, which passed on a 5-to-3 vote. The City Attorney has prepared a memo (dated May 27, 2016) summarizing the zoning text amendment, variance, and conditional use recommendations made by the Planning Commission. A copy of this memorandum is attached. Ordinance Regulations The City's Solar Collector System ordinance was adopted by the City Council on October 7, 2015 (Ord. No. 948). This ordinance defines a "community solar garden" as a solar-electric (photovoltaic) array that provides retail electric power to multiple community members or businesses residing or located off-site from the location of the solar energy system, under the provisions of Minnesota Statutes 216B.1641 or successor statute." Honorable Mayor, City Council and Charlene Stevens Sunrise Development, LLC—Community Solar Garden June 9, 2016 Page5of19 Sunrise Development, LLC is proposing to develop a community solar garden as part of the Xcel Community Solar Garden Program, as regulated by Minnesota Statutes 216B.1641. This program will allow individuals, businesses, schools, and civic entities (known as "subscribers") to purchase or "subscribe" to a portion or a "share" of the output from a given solar garden. This allows subscribers to purchase renewable energy at a savings compared to their current utility bill without making costly upfront investments in a solar collection system. The City of Cottage Grove supported the ordinance because of public interests in commercial solar collection systems relative to the State of Minnesota Legislature's mandate to make solar power a more appealing option for home and business owners. The overall objective for each public utility is to generate or procure sufficient solar energy electricity to serve its retail electricity customers in Minnesota so that by the end of 2020, at least 1.5 percent of the utility's total retail electric sales to retail customers in Minnesota is generated by solar energy. The City's solar collector system ordinance for community solar garden systems requires the fol- lowing: • A conditional use permit is granted by the City. • The system is located within the designated areas shown in Exhibit "A" of the solar collector system ordinance. • The system is located on a minimum of five acres of land. • Applicant provides a de-commissioning plan to the City. • A building permit is obtained from the City. • The standards and regulations contained in the solar collector system ordinance are complied with. The applicant's responses to the conditional use permit criteria was filed with the City in their planning application submittal. A copy of their responses is attached. 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 Commission 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 Honorable Mayor, City Council and Charlene Stevens Sunrise Development, LLC—Community Solar Garden June 9, 2016 Page6of19 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. 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 regulations 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 Honorable Mayor, City Council and Charlene Stevens Sunrise Development, LLC—Community Solar Garden June 9, 2016 Page 7 of 19 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 Y�tropolibnUr0an5arviceArq�MUSA�BounCary public utilities for planned development Cotbq�Grov�.MN within the MUSA. The City's investment in _ ' ' '�•�;� J i –� > * ��_� y providing city utilities in certain areas in the ',�i�:�� = � y_�_.� � . �:�� -;��,� c community was completed in the West ''� �`� ,��,��fi'� Lege nd ��:1^� Draw, East Ravine, and Southwest District �-�,>>�<�� ,_ with the antici ation that develo ment was �'S" `�`t �`��=: " �' ,i' ' �! p p CGGlyBoundary � ��;r u=;,�-��,�'� going to occur in the future. With large _ParkantlOpenSDace ��`�; 1 � 1F�J ' �� J�� utility-scale solar collector systems MssissippiRrver ' �.,:��3L-- i occupying land within the MUSA, , . _� � � development interests might be delayed or ' deterred in the MUSA. � � � �� ,—_ � — The Planning Commission s recommenda- ti� –� �� tion to the City Council included a ! ~ � ��%�` regulation requiring all community solar � gardens or solar farms to be located outside the MUSA. 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. Honorable Mayor, City Council and Charlene Stevens Sunrise Development, LLC—Community Solar Garden June 9, 2016 Page 8 of 19 � � �� x1 Cotta�;c � -• � �ro�� ,; ,,��. r� ,� �'e��v��e�a�eP1osD`��tv n�oc �_ - .::r1?• .j � E i.o.�a � `'� �:.,...._ �♦ • � � .� ,a.r..�.. � w+o usc �~.•.•.. . ` • • �;w. .-�. ....... - - r �V:..V.,,...,... ,t� �„(..�, A �..,... • � �• ...,_ . — �. ., ,.. . ._. - �, ��` �, \ .. ♦ . � \ � ,A� r-.r N 1 . '� ,�� _/ Cottage Grove Future Land Use 2030 _ _ .. Excerpts from advisory commission meetings, planning staff reports for the draft solar collection system ordinance, draft ordinance, and an amendment alternative were distributed to the City Council 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. Honorable Mayor, City Council and Charlene Stevens Sunrise Development, LLC—Community Solar Garden June 9, 2016 Page9of19 :- 1 [ 44� � r�c� 5 S p - f�'.� f EXHI BIT A - -- �`' �y � ...i Solar Collection System Areas _ _ � , Cottage Grn�e, MN ' -- - - - - : � ` � - = - 'h - � _ ,\ LEGEND � �, -- - � - � �k �'�'�'�•, i � Xi r�ti . �Solar Collection System Areas --- k �4`q - ' r = _ +w :y� ,.<, :�. ��,_`� ' — t � .. ..f > :i CG City Boundary �� _ _ � � Railraad A � , 1 �`�". � . M . i I ::: _j P�iississippi River = � S $ �. � - �- _ � 3. � _- �` 2 � : �, -_ .. � .. .:_. :�:::":. v��a a �,+; � �H�SA . . Y}"^�...:� z Q ., ; 4 r i . .. � �. = ..� '''.'� � � ''" � � . :� � .�...��: •. : _'_ x {�:J 4� � :• � '. � —__ � x� , � � � _� ` �,� . . '4G,L� � ',�na: -... � �'.�' � S'� . �j" � \ '. � _rF�,�.�` � �;.,,�, y�� ; �� , � - � �� \ � s •.'�.� �-� � _ �~-�.., �—-,-:-,�� _ ��. r '3,.: c'�`�", '-�` a o 5 i z s Mi�eS 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 MUSA 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 systems 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 collection gardens and/or solar farms from certain lands near the Highway 61 corridor, which is shown as Exhibit "A" in Ordinance No. 948. 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 approximately 29.5 acres of land. The solar collection project is proposed on land that consists Honorable Mayor, City Council and Charlene Stevens Sunrise Development, LLC—Community Solar Garden June 9, 2016 Page10of19 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. � � �_�,i � � Proposed�Five Mega-wattt �� Community Solar Garden ;', � �� Ordinance Amendment, Variance, I ,�, & Conditional Use Permit � 11576 Point Douglas Road � ��_ �� - - o � "�. 2 ,,� �' ��, '�'FR� � .� �� '� � � ��<F� �� _. oLA ...\ ..,\ � � � � \ � � � �� \ .- � \ >. � � . � .......-h-.��-� �� ..�,_ __y ' . , , -- — . .. .. �. -_-t. `� � \ .',_..;_ .... . . .. . . . . . . . __. _ ...� . .. . � . . � � � �. � � -- ._ � -\ _ � � � � � � � � ,��- �_ 61 Marine C �� /� �� \- ��8 SpoRs C ! "' \ � � ��s�s, � EricksQq N � � � Manne ��_� � erT�i�s� Mississippi River �--- � � �e �`�� w � �- � F � � " _ _ � � %.�--'� � .� >� ,Z�TN ST 5 S o 1,000 2,000 4,000 � Feet Location Map The smaller parcel is 35 acres and the other parcel is 66 acres. The smaller parcel is in the southeast 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. Honorable Mayor, City Council and Charlene Stevens Sunrise Development, LLC—Community Solar Garden June 9, 2016 Page 11 of 19 � �� ,� --, �� I'�'( � �, . j �� (, x.y ,�Y,. • A -�I�� _ . � , -�"i� �la'�P� � . rj � � �» ._ _ � � L . � � ' . V�Y�.'1':� � � r/w�'A.M f�.� eS��"� , .. /L �L. �`e. • :�"r r. ,i.. �,�� ... � + � � � �..y �r�c2.�_• � .. .... . ...• . � .^`'-��:�1 v+' • • + �� ¢�?' ,��yti •'r • �.`j4• � ..:f? , ..��,� � .. 1 'S�:Y.. ,-h,' - . •I �>l �i} �.''� ; + > �' } ,a y ��` --'�'�'.x. . 1� • ` � �t r' ,x.t �'� -_., � : � �� .. 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'� E:r � :��. ��"�y��a� � � 7� �, . �,,� ' ° � � � ; .vSaints s�• + a .,�.�:�. .., .�T��,T, �]►.�� = ti.�. � , � ,�� , . ,_ � ' . , ��, ��"� :'�4� •��. ��~-,` r.� ��61RMarine ;'1� . r " '�� •` ""�'�*f.� s :�y�,3. � r -.s� �a� � , 1� �`.t ,� 4:��/ . ��.�-, r �� ,t�'�s�t � �8� Sports x�j �.�� w `�ir �. I�L/��1�'►'.P.•/�Y.� �!1�y la 1.�R.��J�I. ♦ 4��f� � ,�,t3t"'� _ ' _i_ . �':. 2013 Aerial View of the 101-Acre Site On May 19, 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 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. Honorable Mayor, City Council and Charlene Stevens Sunrise Development, LLC—Community Solar Garden June 9, 2016 Page 12 of 19 ,,,,,,..,.,,:�:�,��,:;.�,,., „�..,,.,��,.,,«-Aa,��a-a., ''� Sunrise � r..n�vi�i�;,ii�,;nu r.rtrrpn-rRru!invt.� � ENERGYYfNTURLS 601 Carlson Parkway �..r,�,��,.,s,;;�,wc;,c.,,o�, Suite 1050 _ r.urcr..rnF.va - � ` -' - - . - � Minnetonka,MN 55305 Tel:(612)293-9900 Fax:(612)293-3839 •'.I.I�M 2)';iLl W(7(FHUM -•.�-LHIY WINU/�HY sunriseenergyventures.com ._.... ......_................... . - Project: ottage rove -—-- Site Address: _ __-- msFnrFr�r.F 11576 POint Douglas Rd S. I _ -- — Cottage Grove.MN 55033 . ,�y�..-- � s, `-� - , �,kP•'a��i�i�� ': _ , Legend Proposed Fence —Property Boundary ,�•,;r,,,,,,��'ii =- PropertyLineSetback ��.,��"_�� Existing Overhead Line ,.� Underground MV Line ��:.F�-;,:�:- - — Wetland �• � -—- Wetland Setback Line r.nur,��_ur-�,�tr-r..:�:vrr,;.:�> . _ $(f88fI1.S@�bBCk�lf1@ rn•-�-rn•r r::�r�;✓.n� Proposed Access Road �' - - - •-�r: --. � +�_ Proposed Inverter . ; , • �� , - ..................... CG Solar Layout �� ' � � ��_��-,:�.�r��,�� ;;,',��_;'„'::. � �� Proposed Community Solar Garden Site Plan — Received May 19, 2016 LEGEhB � —1 -• O' BiLLS�M FIR` /♦1 y � ,��.I\, „��iiFSPRv'�E ;(•`•. � �r_ `;} �� 4" _' _ I I.IVER$ � `� I� � �., • = _. __`_"'.__..._�_.._"__ /i i, ' , .C�., K .I'. . f� • ��/'�:•.:� `T � >I ? �� K •'• � � I . I , J � IdCGRATH!�I FERNHOLZ .M `i �—__'.�� '-'�•�:� �' a� � y.r`7.�``..-• ��. •�1 FUTURE SOIAR � � 11 . �� GARDENSITE � � i��. I ' tE}��.� ,�� ,u'A.+� � �/u ?� '.irt ,y, _ 'n��'.`-...- . '�� R ; . ,� t,':' �.`�t� . -! �.[��'. `! ... I , �!��.. 4\ � � Ktr , . �� • �y� - � .. � . •• �� ;; H�yy\\ •�.�V�7. �� s . � ��.,� i '•'J� f ' , I ^] . ��"�,:��' � � ��_� , a...r� - � , Ik. � _A , �_� �'� sa. _�_�� —_ Honorable Mayor, City Council and Charlene Stevens Sunrise Development, LLC—Community Solar Garden June 9, 2016 Page13of19 Proposed Landscaping Plan —May 19, 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. -� � 'a� ' �� * u:. '� .I �_1 i ., eF . 7 ' �{r� �i. �17 I"�� „r'., �,. + - � r .��.� � ..;hy� -� �. ,y . � .� { - ,� ,. ��i 1 �x ` , .:'�`. --�ir," ;�.r'`lt�' - - � a � = k ;�t:��I�`?�. � /�y '�,�, 1 + - .'�r.� � �."'�� .. �S .. ti �T� ,� .. ,� -. D�f .,�". -y � .�s�• ��. C ,K,�L... < ' � ., ��_`�''� •� �9 �i Ir � r�'� _ ' '' '�' _ . r. T i � — - ;� . , . -��} .aµ. t��'r� i,..��•- r .�T r_—r=' .r f. r _�-, � . , , "` . . i -� � •r - �- _ i . '_ . 'r �..I + ... , .. � • State Highway 61 in the Foreground —Subject Property in Background � :r.. r � -r/ ; '�a 1t 7 iC. �.A+ }� 1I I� 7 �- 4 F � � i��,. �Y,�'�� 1� .. . r�� S ,- ` �.Y ��v� f ; �1�{I��.�� ' � SI +� .y� i fi�� 4�, � {. 3,. .��r.. i `� '? ��' 1;�a1•� t `t n � 7� � .� ip; � r r l�Y��y .s��,Ii�� yF . _.n„�'?� '{ ��' 1�"3, �'�, ti1 i �l �.,' ;�: �!!iP ;�+„ i• t1'�� Y"1. , ':�:. � � �'. � -�" . - - ��, � �., ,;�:, .,,. ��_ �• �, ,l,. ;.;:,�;. �; t.i �k-' - ; � ';.�:�� ^�5t „ �' . � �ju 1 -�.� �;' � _ .._. .��e��YI ; .�,... .i �.��, � • • ... . �tF "r�`-� � _ '��:'��, ��..�-� . . . --.- --r+^� - - � i -� . � :.-��- � State Highway 61 in the Foreground —Subject Property in Background 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. �, _ ._�` ��. _ - y�-� � _ `� .` ��'.`-�'. �f• f •��- � _ � !rf ' �• � �� 'L ' � �� • f � .._�'��1y►• .. K�sSA��+--' '� �+� •"�+ '� . . 7 'Y�� ' +/ �.�� y • r _ . �. ._ �_ . ; �.._} •.' _ �.�. �r�� _ . �_ - : r_ ;Y•{"�r! a i.: ' � �� ,, `� - - ^t"_ r '�:'.if�. �}'•7��' .�:�� ,' .. .• .s_i �. •• •�Y�`J "- .�'�. - . . ..' _ _ . .. ' _ ' . �i•!�-r�� Honorable Mayor, City Council and Charlene Stevens Sunrise Development, LLC—Community Solar Garden June 9, 2016 Page14of19 Solar Array Example y4J. ��r�� %�`��1��`��,��-,��.�� ,� . F �� _� � �_ �/ �I ��.�'�. 'f�"d '��.i �� .� ;- r,� i -�� ',r,L- .��;' - ;�, ' � � �,�1 ' �� v�t�� ;�a� - �-•�� .�:�.r;� : . . — . `�� _�.-._ ��== - _ � . . �- � - __ _--- .��_ _ . -_ — ��+ =.-rt _ --- �- ��-- , . 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. � � �r: , �L �' �� rw .�_. Y ri• }� . .��r -. . . . _�� I � 4 * • �� .�' � y � f i� � � .� ri-� ' * � * f f �� + �� ` �� +� � . . #' I � , � , � - � � � ' " _ , .. � � ��;��.. �� . y � � � w�. .�� ., . � ��y f,r f ' i�1,' � �.. ` �� . �� , .��.. �� f , � � �� .a }� . �.. ��.� ... .� . f.� . . � �� - �t� +� �-�� . t � # ' � �'� � �� y 1 � � i �!•�� '' I •;�� {�� f� ; "� ti, . �� r ''E� ��I . �ti�' � � r �` � 9 � r.��• . ,� } , '�..!� � y _ ,� F. + y ' `� � '`•�f+�� ' '•�'�•' __ - h�. �a+, , j � •i �•�� *� ... , . .. �# e � , �l�II �� _ . �` � .a �� yJ• r � � �� .- �� . �,�. �. �'' . � � � � � �`-*� { � �w x�'� . • � � �� * ,i � �� F ,� L rJ � � •M r +'� '� C . ,1�_ +J, . � �� , � 1 � ' � `� , � �� :� � V f �i�F �� ■ �- _ �� ,-�. , , �. � ��y� r'T �� ' �.} � � 7 .�j r+�� +�7.1�' • � �+� + �� I'. :] �G�iGsli+ � �� y.�• - •�M'. � . ,i� . .`� ��.:c.;u ��:�' . ::ai, i: Honorable Mayor, City Council and Charlene Stevens Sunrise Development, LLC—Community Solar Garden June 9, 2016 Page15of19 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 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, the elevated terrain in the southern area of the farm field, and their proposal to plant additional conifer trees within the open areas along Highway 61. The illustration shown below shows the distance between the neighboring residential dwellings to the east boundary line of the subject site, the existing ridge in the southeastern corner of the site, and the general areas where additional conifer trees are proposed to be planted. Honorable Mayor, City Council and Charlene Stevens Sunrise Development, LLC—Community Solar Garden June 9, 2016 Page 16 of 19 -R�nr-�-�-.{�.---• : : � �f�� „�� `�R � _��p •r _� = . �.,�,E;.t..t�, ..,.s. -n••'�'•PF-.•� , ►� �;r � ,• �� t�71C.w� J'+y � , ' . 'w_i /M.K-'1'.N , •�+�� • • -� _ � ��.^ .�w�...� -� �' '�_ � � r..w.. . 1 (. � �1�f��t -., R• 1. \ .. . t� .'� - .��"z�...,,� � !� � .�=- . . , ;�: .,:,,,, , . � ,, --� �' -._ . - Q. �., � �.�"'`'� Q� `'i �,.,. �y'�' �j - � Y�'�7 �'� Fi� �: ." � `i 1 ,'�r, � � . . i.r�+_ ...1 � '�.� �. ;�� .�` �. , ��..�.r'� _ � _ ' , .1F �. � ��i 4 ; •� �'��r� �: .�;�'�� f :. . .r�• � . � ' � ; a• +f -'�.'<,�� r - �;� ��. � •� � �Al� �-` ��`>; J�. �.��"�''. ''. �;'��.M . ;y , '�!'''-"�..��L`. .l�_�r�•.�.+,r' � ! � -•r. ..:_;:�J.,��.� .. j�� t � �+.'� ��lt'��:a... .* 4 � - �•:'t. :�"'��. � ��►� �A�}�lR�i;l'�, •- .'4 � s�• `'R " i '� '-1 ..�r. i �•� �� _' � .�� t��f � � •1f t .' .�; .� ^� �� .T/�. � , � :.�.a_.. �.,�.� w�. ., ti �:4; :;,,..,�� . �:.� s•. ., •� " �y, _ _ ,�(� . � '�• ,,�� ;�� . �: � - - . ,.�'�:�-�.:��:�:� '�� ;� � �-,,;. 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 removing all photovoltaic panels, inverters, transformers, above-ground electrical collection systems, security fencing, lighting, and supply structures for the project. Dismantling and repurposing, salvaging, 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 Honorable Mayor, City Council and Charlene Stevens Sunrise Development, LLC—Community Solar Garden June 9, 2016 Page17of19 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 property, 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. 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. Honorable Mayor, City Council and Charlene Stevens Sunrise Development, LLC—Community Solar Garden June 9, 2016 Page18of19 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 3a-Utility, which is taxed at a higher rate. Property tax for the underlying agricultural land use will continue to be collected. Recommendation That the City Council accept the Planning Commission's recommendations denying Sunrise De- velopment, LLC's zoning text amendment, variance, and conditional use permit applications for their proposed five megawatt community solar garden as shown on their revised site plan pre- pared by Sunrise Development, LLC dated May 19, 2016. The basis for this recommendation is stipulated in the attached draft resolution denying the solar collection system text amendment, variance and conditional use permit applications filed by Sunrise Development, LLC. NOTE: On June 9, 2016, Sunrise Development provided a revised site plan to City staff and agreed to extend the June 30, 2016, deadline that the City must take final action on their three planning applications. Sunrise Development requested the opportunity to discuss the revised site plan with the City Council at the June 15, 2016 meeting. - �;, --...� �� -_ � I rmr�iaau�n 5o'strencK FRoni � � `-t,,��yr,�FRrr[touroo�i r �t.�''�,�.A y�A!�-ir 1��.J�i .��.�` ��T--T �'ir':• '� �.E� +Rs'_�'Jr„F � �`�Q�M�`�s�-I, r ��.i.ar^ 1,�t�. �� _ _ � - �,��Fns�ra y�{��,.� , �. _ - � ��f `x�K.�:� � 7,��pi ��( �r�� i ��. ��Roroi �T-r�H I�.,�HY ( �� _ I'll� �'; <<:, _ _ . �i . .III � �VI-;tJt+_,SLU��1-.n.Cc�� . . �:�'y f.. � L�� ;� �� I 5��•, �61-I Plll]�ARRAYAGCE6S h .�-�SpFRV FRVr1� rl._ i• 4 .I I al� y #, r r iNVCRTEHI�RANSfORMERPAO N�FRt;R ! - � MV AC WII II I L ' �• i, iWIDEIfiILITYA�:fF + � � ' �SERU��PC �` ��. � METE�RdPlnlNe�rlF�t�� _- i[ :q•�="_t.. .. ��` INTEHCO�I�Itr I ICfJ • � ` � � `. �r_�—��y.��ii r � � � :"'`_.'�"`� . -.t�r ,{= S'?'' F3nN Jf1APY ��,� _ .� . �1. ,; �lf ,. � �� ,' .�.�,,.�...:;.F - ... I� �� 4 �� ,� •� � �- �� 471NIMUMt00SETdACKFR t1;� 1[..1 ?RO?ERTV9DUNDARY i'f�, � ��`' ��..� ._ ',:' ' - �� i . Sunrise Development's Revised Site Plan —June 9, 2016 Honorable Mayor, City Council and Charlene Stevens Sunrise Development, LLC—Community Solar Garden June 9, 2016 Page19of19 Also for your information, Sunrise Development, LLC has filed a conditional use permit application for developing a five megawatt community solar garden on property directly north of this 101 acre site at 10990 Manning Avenue South. The property north of this site is owned by John Myers. The Planning Commission is scheduled to hold a public hearing for this project at their June 27, 2016, meeting. Sunrise Development said they would withdraw the conditional use permit application on Myer's property if the proposed community solar garden project on the 101 acre site at 11576 Point Douglas Drive South is approved. A copy of the site plan for this proposed project is shown below. � �,� ,� -.�,,��►- �'�� r ��9 ��r.�' ' i�� ,,4 F h ,� �� I �� aunrrse �9 exeaarv �\ Pr w.° ,f y l tA�l� � '.I � ~,:�7�� q n , �i A ,g � J��.� .�{ � � S'� �,.t 1� � �� JY'4 �a ;��,.� 601 Carlson Parhway � � ?�� x ., �"" �� x'� �•� �r �� }� SuNe 1050 �'., �i�,� �' � y.-- ;- �t ��-: �� f�,,. �, Minnetonka,MN 55305 ��v:��l� � :� .. . . �1 ��- � i� �, TeL(612)293 9900 t ` . 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I '��'�I� i II �.I��. �i i�,l�i K' ` i'€ j:��'� �_�—_��A ,[1�a4l��,�il i Sunrise Development's Proposed Community Solar Garden Application at 10990 Manning Avenue 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 • Sunrise Energy Ventures' revised site plan dated June 9, 2016 i TiMOTIIY].KUN7'Z LE��NDElt� DANIEL J.BF.F.SON 'I�F,NNG71I J.iZO11L1� GILLEN � °S7'EPHEN H FOCHI.ER n�rJAY P.KA1tLOVICll ANGLLA M.LUTZ AMANN *KO1tlNL L.LAND llAViD SDKENDALL ILLER, P.A. nARCYM.L1u�h5�N *i3R1DGET McCALII.F,Y NASON ATTURNEYS AT LA�� 'i'oNn�r.DovE 13RADLEY R.HUTTER ARTF.T.A.PIT'fNLR HAROT.1�I,F,VANULIZ 1910-199� ARTHL7R GILL�N 1919-2005 MEMO xUVLRC M[LLER ]92d-2009 `AL50 e1DhlITTED IN VVISC(7N51� '�ALSO ADMIiTF.D IN NORTFl D.1,COTA oALSO ADhfITiFn IN DIASSACIIUSE"ITS ��AL50 AU\Ili'I L"D IN()KI.�HO�(A dALSO ADIvICI"fEU IN ANILONA TO: Mayor Bailey anci Members of the Cottage Gj•ove City Council FROM: Kori Lancl, City Attorney DATE: May 27,2016 RE: Sunrise Developmcnt,LLC Planning Applications On March 2, Sunrise Development LLC ("Applicant") submitted a completed application for a text amendment, conditional use permit ("CUP") and variance to locate a solar collection system on larid in the city of Cottage Grove. � The text amendment is required because the �roposed location of the solar collection system is not located withizl an approved solar collection system area. • A CUP is required for this type of use. • A variance is required in order to build within the setbacic of the internal property line on the site. At the March 28, 2016 Planning Corrunission ineeting, the Planning Commission held a public hearing on all of the applications, but at the applicant's �equest, continued all applications to the April 25, 2016 meeting. The applicant requested an extension of the 60-day rule (Minn. Stat. § 15.99) to June 30, 2016. At tlle April 25, 2016 Planning Corrunission meeting, the Planning Cominission held another public hearing on all of the applications. The Cammission moved to recoimnend approval of the text amendment, which passed on a vote o� 5-4. Because Staff's recommenclation had been to deny, conditiiorls of ap�roval for the reinaining applications had not been prepared. In-light o1' this, the Planning Comrnission moved to continue the variance and CUP applications to the May 23"� meeting in ordei• to give Staff sufficient time to develop conditions of approval. A rnotion was made by Graf and seconded by Zopfi to continue the vai•iance and CUP applications to May 23, 2016. That motion passed on a vote of 8-1. At the May 23, 2016 meeting, the variance and CUP applications were again pz•esented. A rnotion to approve the applications failed on a vote of 3-5. Following this iailed inotion, a 633 SOUTH CONCORD STRP;rT•SUITE 400• SOU7'H 5A1N'1'PAUL,MINNESOTA 55075•651-451-1831 •FAX 651-45U-7384 OFYICE ALSO LOCATED 1N SPOONGR,WISCONSIN ma��on was made to z•econsidcr�he text alz�end��ent fi•�rn the Apri125 meetrng. Th�s �nc�tion was � �ade by Co�nmissioner� �raf, and seconded �y �c�inn�zssic�ner Awad. This rnotion passed on a vote of 7-1. A subsec�ue�t motian was made to deny the text a��endrnent,whic� alsc��assed on a � vote af 5-3. � The A�p�icant c�aimed that t�e motioxa to reconsider and subsequent motion to deny the text ; arn�ndn�ent wcre irnprope�•ly befc�re th� Planning Ce�znn�issian beeatizse tl�e text amend�nent w�s ! not on�he May 23 agenda at��there was ltfl zaew publie hearing. I Moti4r� to R�cons�dez�: T�e fact that the text amer�dz�ie�lt was ne�t o� �i�e agcnda is i��elevant. The Planl�ing Cc�aa�r�ission follows Robea•ts R��les c�f Qi-der, �1��c�� detai�s the puz�pc�se of a inotic�a� tc� � reconsider. "R�co��rsider�—a int�tit�lz c��'Ameriean c�rigin—ezxa6les a majority az� an assem�ly, within a 1�m�ted time atad �vith�ut notic�, ta b�•ing �ack fc�r furthez• ct�nsideratic�n a motic�n whick� �as ai��eady bc�n voted on. T1�e purpose af��eecaz�sidering a vote is fic� permit correctian of hasty, i�i-advised, or errc��leous action, o�• ta ta1�e into account added infoz�ation or a � claanged situatio�l that has deve�t�p�d sin�e tl�e tal�ing of th� vote.'° [.�C�NIi �11f�' ed.} p. �1 s,� I A motion to reconsider ca�a c�n1y be mad� by a me�ber of the p�evailing side, in c�thez vvords, soir�ebody who voted in favor of the text az�aez�dment. The �ncrtzon was �nade by a co�nmissiQnez� � who voted on the prevaiiing side and it passed by a majority votc. � � After the faiiu�e of the va�•zance and CiJP applicat'tt��s, thc cc�mmf ssioners recognized the mcrotness of the text a1nel�drnent and appropriately��t�ved tc�reccaxasid�r it, Public �-�ea�'in s: The puzpose of a public hearing is to ensure that the ap�licant a�d �ublic are provideci a� opportl�nity tc� be hea��d prio�• to the pub�ic bod� mal�ing its �ecisicrn. While state ? law and ci�y code only �•ec�uire c��e public l�earing fc�r these types of applications, tliere we��e thr°ee public �eari�gs fo�• �unrise Developnlent's applicatio�rs. The Applicant w�� affc��cled sufficie�it opportunity tc� speal�,present evidence, and offer t�stimony at all tllree�ublic]xearings. � � A public lieari�lg was held at �he March 28 Pla�zning Colnlnissian n�e��itag, the app�icar�t � spo�e, and th� a�p71cat1ons we��e cozat�n�ed at the rec��est of the applica�t. � A�oth�r public hearing was he�d at th� April ZS P]anning Comr��ission m�eting, t1a� applicant spc�l�e, the text an�endrnent was a�ap��oved and the va�ia�c� and CUP appiicatic�ns wez•e con�inuec�. � A thir°d public hearing was l�eld on May 23, t7�e applicank spoke, and the varianc� and CUP applications w�re de�ied. At this naeetin�, the A��icant was �iven another � oppartl�nity to speak after the public ��aring was clQsed but prior ta the vote, tc� �nsure 3 t�1at dtte process w�s follc�v+�ed. The Appiicant's due process�ights were adequately protected throughc��t the prt�cess. ? � 2 � i 1 At the May 23 Plan��ing Gt�mn�ission ineetin�, the applicant px�t�pt�sed a c€�nditicaz� tla�t the salar gaz�den use te�•ininate afte�• 25 3�ea�•s, thereby rrrakin� the landown�r reap��y fc�r a CUP at t�at � tilne. UnfQi-tunately, this �ype of cc�ndition is suspect unde�• t11e 1aw because it in effect turns a CLTP inta an Interi�n Gondit�anal �Tse Perinit {ICCJP). A CUP �uns with the land unless � �erminated by tlle gc�ve�ning body. It is a b�idle of x•ights that in��res to the benefit of a��y futu�•e landowne��, I�ega��d�ess oi whcther or not the use cantinues c�z• �eases. An ICUP, t�n the athe�• � �and, by de�inition, must tern�►i7�ate at a defin�d poir�t in time, which ccauld be a perioci c��yeaz•s, when the use stQps, whez� awnership changes, when devcloprnent aroul�c�t1�e site c�ccurs, etc, An ICUP n�ust stc�p being used wher� the�•e is a iriggeri��g event. Ther�fore, impc�sin� a ccr�ditiox� t�1at th� us� �nust cea�e in �S yeazs esse��tiaily turns the CUP inta an ICLTP. Qur ordinances dc� not a11ow sola�� ga��dens as ICUP; the�efore it it is i�ot an aptialx fio "convcrt" t�e CUI� a�plication ; irzto az-�ICLT�ap�ii�ation. � i In s��x��nax•y> t11e P�annir�� Comt�ission properly and ap��opriately ec�nside�•ed ��e Sun��ise I7�velc�pment applicatit�ns a�'t�z•�ollowing its appravec�pro�edures, city cocies and state 1aw and it � is prese�ting its z�ecc��nrr�endation to you fox�a decision. ; � , � I � � i � � t � � � � � RESOLUTION NO. 2016-117 A RESOLUTION DENYING A ZONING AMENDMENT TO ADD PROPERTY AT 11576 POINT DOUGLAS DRIVE TO EXHIBIT A IN CITY ORDINANCE NO. 948; A CONDITIONAL USE PERMIT TO ALLOW A COMMUNITY SOLAR GARDEN ON 101 ACRES OF LAND AT 11576 POINT DOUGLAS DRIVE; AND A VARIANCE TO THE SETBACK REQUIREMENTS ALONG AN INTERNAL PROPERTY LINE BETWEEN TWO PARCELS UNDER THE SAME OWNERSHIP WHEREAS, 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 community 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 approximately 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. WHEREAS, the property for the proposed zoning amendment, conditional use permit, and variance is legally described below: T W1/2-NE1/4 & PT E1/2-NW1/4 LYING N OF STH #61 & LYING E OF W 766FT THEREOF & THAT PART OF W1/2-NE1/4 OF SD SEC 36 DESC AS FOLL COM AT STAKE ON 1/2 SEC LINE 80 RODS S OF 1/4 POST ON N LINE OF SD SEC 36 THN N 80 RODS TO SD 1/4 POST THN E ON N LINE OF SD SEC 36 TO DIST OF 66 RODS TO STAKE THN S 97 RODS THN NWLY TO POB SECTION 36 TOWNSHIP 027 RANGE 021 Commonly known as 11576 Point Douglas Drive South, Cottage Grove, Washington County, State of Minnesota. WHEREAS, public hearing notices were mailed to property owners within 500 feet of the property and a public hearing notice was published in the South Washington County Bulletin; and WHEREAS, a planning staff report, which detailed specific information on the property, the solar collection system ordinance regulations, the variance and conditional use permit Resolution No. 2016-117 Page 2 of 4 applications was prepared and presented to the Planning Commission on March 28, April 25, and May 23, 2016; and WHEREAS, the public hearing was originally scheduled for March 28, 2016; however, on March 28, 2016, Sunrise Development LLC requested that the public hearing be continued to the April 25, 2016, Planning Commission meeting; and WHEREAS, the continuation of the public hearing was announced at the March 28, 2016, meeting. Because there were several residents in attendance at the meeting to speak on the application, testimony was taken by the Planning Commission; and WHEREAS, the Planning Commission continued the public hearing on April 25, 2016 and testimony from the applicant and the public was received and entered into the public record; and WHEREAS, the Planning Commission, on a 5-to-4 vote, recommended approval of the zoning amendment to add approximately 101 acres of land located at 11576 Point Douglas Drive South to Exhibit "A" in Ordinance No. 948 at the April 28, 2016 meeting; and WHEREAS, the Planning Commission continued the public hearing to May 23, 2016 and instructed City staff to prepare findings of facts for the variance application and conditions of approval for the conditional use permit application for the Planning Commission's consideration on May 23, 2016; and WHEREAS, the Planning Commission continued the public hearing on May 23, 2016; and WHEREAS, the public hearing was open for public testimony and testimony from the applicant and the public was received and entered into the public record; and WHEREAS, the Planning Commission reviewed the variance criteria and findings of facts established by the Zoning Ordinance for granting a variance; and WHEREAS, a motion to approve the variance and conditional use permit applications failed on a vote of 3-to-5. Following this failed motion, a motion was made to reconsider the Planning Commission's April 28, 2016, recommendation to amend the solar collection system text. This motion passed on a 7-to-1 vote. A subsequent motion was made to deny the solar collection text amendment, which passed on a 5-to-3 vote; and WHEREAS, the City Attorney explained to the Planning Commission that a motion to reconsider can only be made by a member of the prevailing side (a member who voted in favor of the text amendment). The motion was made by a Commissioner who voted on the prevailing side and it passed by a majority vote. NOW, THEREFORE BE IT RESOLVED, the City Council of the City of Cottage Grove, Washington County, Minnesota, hereby denies the following 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 Resolution No. 2016-117 Page 3 of 4 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 community 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 approximately 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. BE IT FURTHER RESOLVED, denial of the zoning amendment, conditional use permit, and variance is based upon the following findings of fact: A. The City has initiated the process to update the City's Comprehensive Plan. During this process, 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 investment 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 economic development, or sustainable development where future development is planned. B. 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 designated areas are outside the Metropolitan Urban Service Area (MUSA), without a Transition Planning Area land use designation and are beyond the State Highway 61 corridor. C. 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 designations. 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. D. Without an amendment to the Solar Collection System ordinance regulations to include the 101 acre site to the area identified on Exhibit "A" as allowing solar collection systems, the Planning Commission cannot recommend approval of the variance or conditional use permit as filed by Sunrise Development, LLC. Resolution No. 2016-117 Page 4 of 4 Passed this 15th day of June, 2016. Myron Bailey, Mayor Attest: Joe Fischbach, City Clerk SUPPLElVlE1VTAL STAFF REP�RT CASE: ZA'I 6-427, C U P'I 6-028, V16-�39 ITEM: 6.4 PUBLfC MEETING DATE: 41251'i6 TENTATIVE COUNCIL REVIEIN DATE: 5/18/16 APPLICATI�N APPL.fCANT: Sunrise De�elopment, LLC REQUEST: A zoning amendment to City Code Title 11-4-1QD, Solar Collection Systems, to add approximatefy 101 acres of land to Exhibit A to allow a solar collection system; a conditional use permit to allow a community soiar garden; and a �ariance to the setback requirements along an internal pro�erty line between two parcels under the same ownership. � SlTE DATA LOCATlON: 1'157G Pvint Douglas Road South ZONING: AG-1, Agricu!#ural Preser�ation GUIDED LAND USE: Transition Planning Area LAN❑ [JSE �F ADJACENT PROPERTIES: CURRENT GUIDED NORTH: Agricultural TPA/Rural Residential EAST: Agricultural Rural Residential SOUTH: Commercial Commercia) WEST: Agricultural Transition Plan Area SIZE: 1Ufi acres DENSITY: NIA RECOlVIf1JiENDATION Denial, based on the findings of fact listed in this staff report. r�ttag� C�TTAGE GROVE PLANNING DIVISION J (Trnve ��er�Yddc and Q�ospedty Hcet ' � Planning Staff Contac#: Jahn McCoof, Senior Planner; 651-458-2874; 'mccool octta e- rove.or Application Accepted:. 312I16 60-Day Review Qeadfine: 4/3Q/16 City of Cottage Gro�e Planriing Division •12800 Ra�ine Parkway South • Cottage Grove, MN 55016 Planning Staff Report — Supplement Sunrise Development, LLC — Zoning Text Amendment �Communifiy Solar Garden Project� Planning Case Nos. TA24'i6-027, V2016-29, and CUP2016-28 April 25, 2016 Proposal Sunrise Oeve�opment, LLC has applied for the fallowing planning applications: �} A zaning text amendment to Exhibit "A" in City Ordinance No. 948, Solar Collector Systems, t�add approximately 101 acres of land located at 11576 Point D�uglas Drive Sauth to Exhibit "A" in �rdinance No. 948. Exhibit "A" is a map showing areas within the community where communify solar gardens and solar farms are allowed by conditional use permit. 2} Variances ta Title 11, Chapter 4, Section 1 Q (C)(3) and Title 11, Chapter 8, Article 8A-2{6)(A), Lat Dimensians and Setbacks, to allow allowing a communify solar garden facility to be erected across a comman boundary line of two parcels that are in the same awnership. 3} A conditional use permit application for the proposed construction of a five megawatt com- munify sofar garden on apprdximately 29.5 acres of land consisting of two taxing parcels (PIN 36.�27.21.13.0��1 and 3G.D27.21.�2.0002} having an aggregate acreage of appraxi- mately 1�1 acres. Both parcels are in the same property ownership. The properties are located at 11576 Point Dauglas Drive South and are owned by K & R Land Holdings, LLP, 12912 Farnham Avenue, 1111hite Bear Lake, MN. Below is an illustra#ion showing the 101 acres (highlighted in yellow) Sunrise Development, LLC is requesting to add to Exhibit "A" in �rdinance No. 94$. : # �'i � � � •�� EXHIBIT A 4`; �';'"'`''� Sofar Collectlon System Areas - i�� ` �l '� � Cottuga Grove,MN �s ; ? - . : .� � .. ' ,r l-;� . • # � � . - _;':,,: LEGEND , � -��` �::�:_�]Solar Cv��e�iron Syrem nrcas �` � 4 ' � , s;,e��qs CG Clty Baundary REA PROP�S6b�7�'BE - ,.:' '� 1__._ --�-rta��roaa ADEE� 1'b �H� SOLAR� � ,t;' i�"��,Sississ�ppi R�vei C� LECTIOI� Y T�Ef� AR A ;:� ` £.� ;! IN 3CHIBIT "A. (jF(� ,� 48 � ` �Y' . , . Lo \ � [7� �`f-�� 14 .4T � •�T`. :''C �s . : � �.' r :�.;?F, � •.�� 'i {�h '<• � ; � ' �s� e l .. ,y,�� :� � .�+—.— a-."�c"°".s'�?, �? 1;.� \�. ��` � 5 �,�`��.` ._ -� . l• -- �� 6 0 5 1 4 3 61�1es Proposed Ord. No. 948 Amendment-Exhibit"A" Supplemental Planning 5#aff Report—Sunrise Development, LLC Pianning Case Nos. TA201Fi-027, V2D16-429 & CUP201E-028 April 25, 2016 Page 2 af 15 Re�iew Process Ap}�lication Received; March 2, 2016 Acceptance af Completed Applicatian: March 2, 2016 Tentative City Councii Date: May 18, 2016 6fl-Day Review Deadline: May 1, 2�1�, extended to June 3D, 2016 per applicant's request Planning Commission — March 28, 2D96 Public Hearing At the March 28, 2015 Planning Commission meeting, the scheduled public hearing was opened for public testimany. 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 a�plications. Staff also stated #hat the applicant requested that the Planning Commission nat take any action on their planning applications, but continue the hearing to April 25, 2016. Pubiic �estimony was received at the public hearing. Mosf of the testimony generally supported the praposed fiive mega-watt cammunity solar garden. Some concerns were voiced for potential visual and praperty vafue 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 po�tian af the nor�h and east property boundary lines in the northeast corner of the site. Adjaining property owners opposed the placement of the solar arrays closer to their residen- tial dwellings. At the publi� hearing, the applicant stated that the existing wooded areas along State Highway 61 and the existing terrain in the field wilf adequately screen the �iews from the highway of their propased solar arrays. In the iast couple weeks, 61 Marine and Sports has removed many decid- uaus trees along their north properfy line, which abuts the community solar garden site. Below is a phatograph of the tree removal on the 61 Marine & Sports property toward the proposed community safar garden site fram Highway 61. � . � ,�� 'L.�... „' �� ., - ; .��- _-r�., - _ � j. !r f.h� . � i I v � �r .�' t .M p _..y, ,.�s � t �`��rr- l y�, .ij — �_. '# r�•t�: . , ; . ,. �e _ � L,�,�,�q,�t :�1"r 1 `' . r;' r _�, `Y `.� � r - ��t.i��i.t�i_k.i_! �r.�r:�� :�j� ��2 ..�s+��.. _ .. -- . .. ' . . . . . �'_, t - T+bi _ � -� - --_ � - . �. . . - {rHs fi� `"�-., ,. � .;��. --� ---- - -- ' -- —. _. __. _, � _q_ � .4`�''!�*,°�y'�. ..YS...��'. 61 Marine Tree Removal— Lower Right Corner in Photograph Supplemental Planning 5taff Report—Sunrise Development, LLC Planning Case Nos. TA2Q96-027, V2016-029 & CUP2416-028 A�ril 25, 2016 Page3of15 � �'i' R` 1� /. 1 •1 ' _ ` [ r r � t� ` ' �.� _ k�`� 1..`�` � ��_'!: ,' , + � � � �' I�/ ,`��;� � �� , _ \ J'� .��5+� . r�t �� e J �� '�,;�,��'1 i � � ' � I ` h � t � �'� S t..� i y., �� . . � ;: � �.' s'� �r n e. �y. \11'� . - i �� :'� 1 ' � �.:� - - •1�' � , .,�:�i i� , ; �� k :��' : � �� __ _ �; � f �,� � �. �,,� �� _ � ' ,' � 1�� ,� �l., , '� '� �� , �� . :_ - � 1�1� ,`i. � � . .1. _.1...: ' Q� f. " • }-+-.- � . ' � mn P'._„.. _.�,..,,. %-,.��?'::%,,'��. ?'�.t .. ;�I _ . .:�w:.Y�'--[tk..i '.i,- - . . - - � ' o�,w->_. • .n,-.-••- ..- � . - S - _ ... s! t T,IyVZ . - y . �„��_ .�..-��.�4�y' -�"�i Yltt .+s, 'Y�i R i}+' +u..A,y� .,+1K'.fb,l.�- R t .�}�,�� . t t .):t � �� .y .� *�' .�� C�y,r,��ss�yti `_F _._ _ _ _' � -�..._i i: ._ S,;t�Vp" i 'w _;:..t �i_�*z. .. _.. _�ti'. ...� ��,. �1 PJlarine 7ree �e�l�oval - North of Niyhv�ray 61 The Planning Commission �oted unanimausly to continue the public hearing to April 25, 2016. Background Beginning in May 20�5, the Planning Commission and Environmental Commission initiated discus- sions abaut regulating salar collections systems since Cottage Gro�e's City Code did not allow solar callectian systems in the community. City staff reported that inquiries fram salar collector companies and property owners per�inent ta solar collection regulations were increasing. The Planning Com- mission and Environmental Cammission 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 callection system ardinance be prepared. As re�flrted to the Commissions in 2015, public interest pertaining to commercial solar collection sys�ems 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 Minnesata so that by the end of 2020, at least 1.5 percent of the utility's tatal 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 an the property. These ancillary solar systems were treatec! as accessary uses in respect to yard setbacks and ather applicable zoning standards. For free-s�anding and large-scale utility systems, City staff reported that systems proposed as a principal use were not allowed in the cammunity. The Planning Commission discussed solar collection regulations on May 18, June 22, and July 27 in 20�5 and the Environmental Commission on July 8, 2015. A draft solar energy ordinance was presented to the Planning CommissiQn and Enviranmental Cammission members at a joint work- shop meeting on August 24, 2Q15. Supplemental Planning Staff Report—Sunrise Development, LLC Planning Case Nos. TA2016-427, V2016-029 &CUP2016-028 April 25, 2016 Page 4 of 15 The draft solar ordinance incorporated many different ordinance examples from other counties and cities to appropriateiy address various issues associated solar coNector 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 salar collector systems on the face of a residential dwelling fa�ing a public street; and 4) requiring community solar gardens and solar farms to be outside the Metrapolitan Urban Service Area (MUSA}. The City Counci! 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 Cammission re-affirmed that community solar gardens and solar farms should anly be allowed outside the Metropolitan Urban Service Area (MUSA} ar�d that a conditional use permit is required. Several property owners stated their support far the sofar collector system ordinance. One property owner requested that community solar gardens and solarfarms be allowed inside the MUSA. The Planning Commission unanimously (8-#0-4 vate} recommended to the City Council that the proposed solar collection system ardinance as drafted and presented at the public hearing be approved. The City Council discussed the draft salar collector system ordinance on October 7, 2015. The Council did not support large solar collector systems in areas designated as Transition Planning Area an the Future Land Use map in the Future Vision 203Q Comprehensive Plan Qr alang the State Highway �1 corridar. For these reasons, Exhibit "A" was incorporated in the ardinance ap- praving the solar collection system. The City Council unanimously approved �rdinance No, 948 adopting solar collection systems on 4ctober 7, 2015. Planning Considerations Metropolitan Urban Se►vice Area At the Pfanning 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 grawth and maintaining the availability OI � Ll��mpohonV�6inEudc��rei{YU3A)Boundfry Cotb9�Grar�.MH .• public utilities for planned development t within the MUSA. The Cify's investment in �i��,_ __t��+� ( providing ci#y utilities in cer#ain areas in the T�� 4�� l� ll'�! �f . _ . v 1 T•+E____�_� C r,. c=`� � community was camp lete d in t he West ' , � �?�:, � ,c -�z`fi,`'�ir�� Draw, East Ravine, and 5outhwest District Legend ti ��}�{;�! ,, � �, •-,I14n�, 1.!USA . �E.^/- `+ . . � ��., r with the an#icipation that de�elopment was ��YBa��a�ry t�!,� ''y` ��-�='��;.1+�; i;��i� � , ��,. �'�}�j�,. g�ing #v occur in the future. With large utility- �P„k,�do��SF,« ��E� �� «`;',, ��;[�'u scale solar collector s stems occu in land ��'��' � �`�"�� kSssisSlppi R�vcr p ��.:�,, Y pY � �? �, , ,, �,' _. � •': �s3 wit�in the MUSA, develo�ment interests � ,�� __ �- / might be defayed or deterred in the MUSA. - r :. The Planning Cammission's recammenda- '� * — tion to the City Cauncil included a regulation 1.��---�.� requiring all community safar gardens or � _ � � ��,. solar farms to be located autside#he MUSA. �`'�� Supplementai Planning Staff Report—Sunrise Development, LLC Planning Case Nos. TA2016-027, V2016-029& CUP2016-028 April 25, 2016 Page 5 of 15 Their recommendatian also included City Cauncil approval of a conditional use permit and required a minimum land area of five acres for all free-standing solar collection systems. The �01-acre sife is located autside the MUSA. City utilities are nat planned to be extended to this area of the community for several decades. Tra►rsrtion Plannrng Area In advance of the Ci#y Council meeting on Qctober 7, 2�15, City sfaff was asked to provide an ad- de��dum to fhe proposed solar ordina�tce that not only required large-utility solar collector systems to be outside #he 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 effarts are required priar to establishing future land use designations. It was intended that a master plan would be prepared far 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 Transi�ior� Planning Area is shvwn below in dark na�y blue on the Future Land Use 2030 map and encompasses approximateiy 2,659 acres. The Future Visian 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 af the subject property is desig�ated Rural Residential. ., _ y : � •°1 • `y ..� ' - ' i �� Cntl�i�;c :h ,-� d �.�/ Grovc ��' ',; ' . ' i 7 � � • �•�� °rr Prldc anAetoo4�dtY Heet .,� I r� r�—•.=T�!� .� i ,Y (t ��' i i i ley.no ,`�1: . � .�.i...:.� �'_�. M��.:,w:,. . � � � � r uvo_u1t � i�..�... . � (� • a �':;��:�. .�� : ,, `,f � ; , `, •,' � ;;�::'... . . �i °� '� '`,•` ��.. ..,.. , �•��,.,.� - i .. „ -- � ��, ' I� ,� W'` �`�. �� , ```�- � "�- �-��',� u�i `'� �� Cottage Grove Fukure Land Use 2030 _ _ ... Excerpts fram 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 5uppfemental Planning Staff Report—Sunrise Development, LLC Planning Case Nos. TA2b16-Q27, V20'16-029 & 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 ciesignated with a Transition Planning Area iand use. This alternative resulted in the preparatian of a map �Exhibit "A"} depic#ing areas in the community where solar collection systems would be alfawed as a principal land use with appro�al of a conditional use permit. A copy of Exhibit "A" in Ordinance No. 948 is shown belaw. � i ' ,I� i� y � ` y4� I � � � � E]{HIBIT A �:�, - ��' � --� �� __� I'�� I: s� I . . � ,, <s I I.,.. wk o { �- I Solar Collectivn System Areas �� ` f 'i I , ' i �..r.�; - Cottage Gror►e, M N ��,, ! . - � < ;#� �� 4 ' ' € �� k _ ` � " 1 � � � I= ( �e I ,: ti,j � .,.�.. � � f F'. � LEGEND .� � � .. _ � ��;j� ��a. y IR'u.`.` .' i � � a ��5nlar Goller.tion System Areas �- ` ��,� �< . _ ,"" � � � _ _ CG City Baundary � I� i �� Railroad _ s i � � '' � , ; , , , � e i I , = i; -- _ � • ; i �_ ; i � Mississippi River � - .,, , � i I i , _ 1� . c _ �' c — � � ' I � ` -_ ��o , . � � ��+�'k ._,��. •I � I { _ � � E � � 'r i � . i Y �4 I t I.i .. ..�. � ,� � i J� ' �; I� �v '}}�'�'t �'`.,� � �' `'y� �� i I �ii _ �' �; •s,l i � " _'rsJ��'�_ I � ' .`�''� ,. ��` �i' �"s�*�"i'":c,,.�,,..>.h�F' I i I - }- f-' '�- � � _.._ �� t-r-,�:_'' `l�. . ..� , i ��4 - . ,-� �� {; y 1�.'77L. /• .��, . .. I �- . � {��1 5 �\�'�� J� . I i I I - '�y x_.�C.r''' - � _ - --�...—- ��} .�f' ' ;,��t;: D 0.5 1 2 3 � Miles Exhibit"A"in Ordinance No.848 The proposed changes to the Planning Cammissian's recommendation was distributed to individuals that had expressed interest in the proposed ordinance before the October 7 City Council meeting. A co�y of the twa ietters received supporting the inclusion of land in transition planning areas and MUSA were distributed to the City Council prior to the �ctober 7 meeting. The City Council also expressed concerns community solar gardens or solar farms might have near ano� aiong Highway 61. The concerns generally pertain to impacts large scale solar collection sys- tems might ha�e for future de�elopment near and along Highway 61. For these reasons, the City Cauncil was presented with a draft solar caflection ordinance modification that excluded solar col- lection gardens andlor safar farms from certain lands near the Highway 61 corridor, which is shown as Exhibit "A" in �rdinance No. 948. Supplemental Planning 5taff Reporf— Sunrise Development, LLC Plannrng Case Nos. TA2016-027, V2416-029 & CUP2016-028 April 25, 201fi Page 7 of 15 Appl�cant's Ptanning Applicafions for Solar Collection Projecf Sunrise Develflpment, LLC has applied for a zoning text amendment to Exhibit "A" in City Ordi- nance Na. 9�€8, Solar Collector Systems; variances to Title 11, Chapter 4, Section 10(C}(3) and Title ��, Chapter 8,Article 8A-2(6}�A}, Lot Dimensions and Setbacks; and a conditional use permit applicatian for the propQsed constructian of a five megawatt communify solar garden on approxi- matefy 29.5 acres af land. The solar collection praject is proposed on land that consists of two taxing parcels (PIN 3S.Q27.21.13.00Q1 and 36.D27.21.12.�Oa2} with a cumulative acreage of apprvximately 141 acres, A location map is shown belaw. - - � � �� . � Proposed�Fi�e Mega-wattt I l `'� � Community Solar Garden �,',� � Ordinance Amendment, Variance, , ,,, � & Conditional Use Permit � '��,, 1'i576 Point Douglas Road � �`�� 1 � � - � -�-l. I , � ,,,. � � s, _ F . -•_,��.`� � � �`+1�4 R�,�' � �� . . � _ '�t� � — - �• \ .;�, .� �- .� \ • `�,. �\•., �R� �\ � � _ � ,� \ ` � i � \\ �'� — ' . _r_,_.rt�, �� ;` �4�� —----� .`� Q � —_- - - - --. �`•.� \�� .` - _a _,, �4 _ - �'^ ,a��\ 61 hlarine, C `; —�. .g,,`$,SpoAs ' C •'• � ,�� ./ �`�S � C :t \'4,�, �. G N >:`�, e�io�.�2 .\ .._� � Martn�'� �. � erlacl�s Mlssiesippl Riva� �� ' i � �E �,\\ �'- � �V F '��,� � �`� �� . . �1 C"� —J � �� mrnsr s S 0 1,00� 2,000 4,000 Fee Location Map The smaller parcel is 35 acres and the other parcei is 66 acres. The smaller parcel is in the south- east corner of the site where most of the farm buildings are Iocated. Both parcels are in the same property ownership, and the prvperty address is 11576 Point Dauglas Dri�e South. The illustration below shows the 101 acres outlined in red, and the property boundary lines are shown in yellow. The two parcels described abave for the proposed community solar garden are shawn inside the red boundary. This aerial photo also shows the treed areas, farm buildings on the smaller parcel of land, and cropland areas. Supplemental Pfanning StafF Reporf—Sunrise Developrnent, LLC Planning Gase iVos. TA2016-027,V2�16-029 & CUP2016-028 April 25, 2016 Page 8 of 15 � '�` If' �'%1'�',�;�:. ��M`.-1 • . i�� e' T2'' i�ti;� . ' ,:'`. �, .. �: . 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'� AM �. 1_ � � ; c� �,�w � �s k �•� ?�'•�,i , � .t� �;; �` ' � " ,� .•.� �''i , ';'�. y ary � '► ,�S �i� +r '!,'� '� " iL:,•S..rra '. �r��t^� . ` .'.`�, y • J� r �,. �� '�. ��y�� J �-� -� i �L f + � ��'�' . .:.. -s�tsY�� .a�y��. � '- � M �� ,;.�,. �r' �,�> ,� ;, ��;R�y�;- � . . `Jesus��C:hrist� ;►� ,,e , �, , � �,� � „ ,�'4�rj`•�,{ y� ;� �;�,. �r � , , 'Latter•Day,;' ;,._, `y� , �. . 3 ° `�s�,''L'�;�+'��r,.,„, s_ , .� ;�� ,.Sa'iritsr� � � �, r.•�'� t`:7��. �' .:r ' ..._•rr'•_ .J.,,•,q,N' •ltitlt9t3 I �,tt'l.•�{.o"' t .1 T y. .., .�, ;� .� . , �t.' t }��ER,��k�`��iaS��l`•..r,��. ti:vl�Y�'�,s'�'��7a;�`pf.S_�\ . ��"��h:�`''b..y '''r,•f:ai . c,�1A'� ��r�• i r[ �1��' . t_ :��, ;�-� �� , , .,.i,.;16�1�Marme, ��r� � q�`�:,,'`� �"•Fi;i..., �, ;r.w. +, � .a l 2,<•�� '�b:� � -..?;j� - i �.�� i I ,.,?,�'s •� v'n: '�,. �� 1��f ��'� r :�"�,a��' -�,, .,k'i;,' . �&�S�par�ts �F,�:� �� ..�`��. .._�� ,. i ls'!�}'�'.�t�'�..+.�,�'.r%�: �'�'t.:�i�i:��.��f![�J�-�`,�-�',.•. � •K�!h'`'y �`:'rvR.�._ I 2613 Aerial View of the 101-Acre Sife On Aprii 1$, 2016, the applicant submitted a re�ised site plan showing the general layout for the proposed five megawatt community solar garden. The applicant stated that the most convenient locatiar�far Sunrise would be to lacate 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 wiiling to relacate the southern portian of the salar arrays to the north-central part of the site. If the solar collec#ors are placed in the north-central area, they propose to plant 33 balsam f�r trees ti�at 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 �roposed along the ridge line bisecting the field in the southern portion af the site. These illustrations are shown below and are attached fo this report. Supplemental Planning Staff Report—Sunrise Development, LLC Planning Case Nos. TA2016-027, V2016-029 &CUP2016-028 April 25, 2�16 Page 9 of 9 5 ,��,3'tlt �Iit.w..!L�•.� �s. .,-�v�+� .•.�+r+r-s•+,^r^ � - � �� i ;• �. � ,.-r.� M. . � ,�� flni.5n.�.tF�a � - �� .. �• 1 � w M�• � � �� ' �j•• + ♦' - t'nu�esvaur_e f , ��' r. 1!•:=� tr..Z, �►. ------- � r,�vFrts J~ ,: •1'1. � 1� - . _ ' 4 '.?{a! y i 1 ^��'�r� I+�' ..-......., � f Iti�� . ' �,�+ 4'_. . ____!I ;r , �. .. . `a.� , , ��T � d, .��,�4.�9,� �, �+` ' � "' ��; _ � �. {1 � 'T1h � ��.ccanni. i�y �i,,,j.�y.T`�- � •�' .._._ �-�...r_- ... o �. ,� � I�� FEFNFSDLZ' 5:,,�,f, .x ,,�p,; , � , �� r:;~}��:- ' - �` •-- --------- {T�� }��• �i� {��'< +.. '�—� � 1�i� iV •:rtiF: , R t ��3� � t' ` At � . . � .. I. � I �••.r �' !^ � '' '��( `��' ` ---,�'t �Y� , �'�, �'� '`..r i F ♦t fl§a �i�_i : ��f�•� ..��R�• ,, � ^, � .a ` Fl1iURESOIAR `+�� J h S` .�r �-� # �t., - � GAFOEN SITE , .�� €�, ,_._ - < , t�� {� -,�'�� i.{E ��--� ` i��,L�� `*' -.S._ �` _..l�� . . --.. ; � L� i�_ �Y .r� Y ;�"` •+.. � 1��`tl�r�<<��} f. � � '�/�^y -k-' ��" ,f ' � /f ,'X. � w . '., J i`: ��g��' • . '� �.T',ti�a 1 �~- y�',;�.{�lfr'�1'^1��':F� �� ;U`�! �� il', "� j� w�� I1��S,,' °'.jJ .pf: .+,'��• _ ' �:�7 3�' —�, � '. _ • ' �' r .'. . .,,�i.;,r.� ' - ��f�li..+.� I �� E� � ly�+s.,�r:�r r fi�� . O . �,.L� h�. ,. .. . . _ _. 'r ` w�� ` 'L' •. � ; r �j'}'+ .. �1�: . ' s y�T i� � � � � �`�:j �t �` . ��7� f�{� , �.. ��—= . ; � :� —--- *�+�cY �sa i• :C,�i,••�^—� �� \•�yr��* `�:; r •��'P 1 � r�.1��.j�, + , �I `;' "�.:�.,.... 7! 1� r�r �. � �E �� , `� �'' � l�—i � �! =u t i r �. ,.•s� t�lr,\ !. ' . --- , • M� r, !� s�.r':�+"R;r�.. . , �� , � � �� F?��1..�_f� �t�...' . }� �`r c �r..� _ � .�" �.-.- .. �� —.. _r i_ F=f. ji.• "! �F'; . �_�_.�Y . �=1'_' � Proposed Community Solar Garden Site Plan—Recei�ed April 18, 2016 The applicant has prepared respanses to the variance and conditional use permit criteria. A copy of their supp�r�ing documents for the zaning ordinance amendment, variance, and conditional use permit applications are attached to this planning staff report. Access for the proposed cammunity salar garden will be from the existing farmstead access drive tha� connects to Sfa#e Highway 61. This private access drive is a gravel-surFaced driveway. An addi�ionaf driveway is nat proposed. The twa photographs befow were taken from State Highway 61 looking northeasterly into the proposed so�ar array#ield area in the sautheast corner of the 101 acre site. The applicant believes that the existing deciduous vegetation and trees along State Highway 61 will effectively screen the puhlic's view o€the proposed solar arrays. , i '��c,1 i - } il! }� � S i- r -� :�+ i .��,E} . .l"1 ! � .'� . i ' �-fAli� �I �1 j+f�� 1 �� iL� y"tt�t ��F�.'k �,� V 3 1�^i�l.ii�;j(�! . �' �� .h�� 'f' � / , �-a 1 k�.�M1- . 4��yr� � p - . , p - r �(� � � .-. .�,�'� ka;.� [� t5rr�� +''7�a�'�p�`�y',.�.. I! Sr �. t ! J S y� y€�, �•;,��` "t A{ � r(} Fi( .--� � � � �, . :1 .'`fS`J' . ..�4 7r�f arf � I- � ��a��`SE�Y �I,'1.t�cli�:l�5��9C'�� r.j ,K� � �{ ;e� f:�y.ti � .n ;� - _,!� . �� !#'1��".��i,�.3� �.. 5r��t � '�:� JN' �� i r i r . �T ;T'-�-':`1.- -i— l��''{.1-.7 _ ! � � - . . . . �:��L k�� r....k ��r M��6_.��'�.. .�7• . _: ��.� -�,c:. � - i _ .}-� _ ' , ' � � il . . -F.--- `-- - - 't1�-- - — � �� State Highway 61 in fhe Foreground —Subject Property in Background a� �! ` -. � F�. 1 { �...�IS P 7 r �i' ,� 1 I�j'i v[ Y' I�y � �"��.4'I �. � �! �I.�,, !¢.�.. r; , � �� 1. 1 �' . I { � ��l� :��I� I`Jtj: �� fI �� 4 .�� . -� `� � � i�'r � �� ,r � i 1 �I��fs��$ r� ' 1 ��.ri ,r ,j � .��is' �1 ' �'� ` r � 'rifi� .� � �j' 4 � t r • � a� �][,' �r 6 SI s��tl�(�' � t�,.�}� � }F i�t:,_ {iF�.I a �{; ��.+1�lY, ,.,��-,l�. ; �; ��: ti +¢ ��, ��'.�9� �.1 il�. 1�� r t• f � j � I ' �� .•�'�" >a G; .1,,,��L� �� : :�� l!� -k�ij�'�, �r,''r ��:l1 {�Ai .r r ' t �f' �' ,_�,��t , �� ..�,,,}�, .r � 'I i�� .� I �� :�af:�.. .r�.:.�.� .. . ,�E'. �. � , si�l�' . . . • , , �,,; � �r.� . 'F�? t� ,,�.�'-k, ,� i . ..- iT, �5�;�� ,�l. �-��_�. - , . - r �' ._ , , f . � . :_ . . . � _- �• .� . . • ! .�� _- -..E 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-Q28 Apri!25, 24�6 Page 10 of�5 The applicant is proposing to maunt fixed-position solar collection panefs on metal racking struc- tures fhat are affixed ta the ground using either driven pasts or helical ground screws. The overall height of the solar collectors will be eight to twelve feet. These types of ground-mounted systems alfow stormwater infiltratian under the solar panels and minimized ground disturbance. The solar arrays are relatively law to the ground. The graund beneath and around the solar collector panels wi�l be seeded with a �ow-growing native seed mix that will require periodic mowing to prevent woody species from growing. Illustratians of the ground mounted systems and solar arrays are shown belaw, �� ; ,' ,;. -.:; � •� � � ,., :iS �r,�.i � ,{4 � f t ` � t��r ��' N i:�. 4 � ' �.. .� .#. � • �.r. �1�,. '. {�� . �� y � . . -'ra.+.. ! �.or�ia'a�..a. i -�.:-f".�.J�� . . . � . - . �. . _ .. '.r,_ ' rn . . . � , . , - . .� , . , . .� �. . - . . ` ' .. �... ' . , •�' . . . . .. ,_ . . . - - �, Solar Array Exarnple � �� , .�.. �-�.�+..�- �'�'�-�.�.•�-,.�=..,�,�.:��"%!�"�.��"'��'''�.�.��/".�.�.�,�� ..�.�..�'��F��.�".�.�`.��" _�+:��.��.,�'`.�.�� ..�l�.�' �F�� :� .�,1�f'� �1 �r „ i; �1��,�,�,t•�. �I,,,i , t , ,;S � p.Q��,;.,-.c� — .� � ��r� — �`��'�, � � '*�{�., _4''IW�..,.��'`�,��,' � r��'� -- - _ '}i _ �. �� . ,- _ . 't, _ _,_ - -r�:,:�: -�j,��,�-� 1`�'i'.A. _ ��r - . . . -:�+„`r-++tY41�1�-1"�-".a'�.`-�'Y,►T v�?�S�^�A�� . _""' :t F-..r-..'�' - - .. . • - . ~ J+ Salar Col{ectar Array Illustration Tree Removal The applicant has reported that the only trees proposed to be removed is a strip of mature trees f�at bisect the cultivated fiefd 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 existir�g tree masses will not be impacted. The illustration below shows the area where trees are proposed to be remo�ed. Supplemenfal Planning Staff Repflrt—5unrise Development, LLC Planning Case Nos. TA2016-02?, V2016-029 & C11P2016-028 April 25, 2016 Page 11 of 15 ��T� � ti__.'.;.•:• � s�� _ 1. �� ' +■ ea r � �� ■iM.!';� .m. _i�.r . _� •��.�. +� �.d• _[1•� .FS y�`�"'`_ _ � '. `y�r,k � � * �a P �� .I � � ��"�� p i f �� f; *��+- t S w �I I � � 'J� ,� ��+�� .i,� �� . . .. . '��'. �t �i� + •.� _ � .�� 1 eL` �� - .} �1 ', ~`,4�' . ;� tl � ��; �.�� * '�.. . , =..�' + t. �� ,.� , r ,;I .� f �:' � y �''' �' _ � ��'' ` I �} �� 3. + �� .3 ��i.�,'•�y�� + 1� ,P } �" •�.`�,' �� . � ��. . t��+ d ,gt � +^ � F�!'�� .r!' ��'L,��.v F��F� � �t-��,�, y 4 r �� y.�, '�,j� ��. •t�' �' r,,��.F 1 , '��: � .' s •i << �� ,�F;', � �,�'{: '�'; •.�'�, '�, ';�s � r�: '"t� , ;! �;.�. � {i�� F3� �� +'�'��'� � �'�;� ,' . ,-�'�� r: _ �,r.�R'a��,+�� +,� �'��. ��,,,- A �. � �� :�- :l �,:,� � ��' � i � ' �� i '� '- n• �,r i i �.i�'� �1� � � �� 1 - L� . 1 '��r. "r � �.,.,, c, i fy } ' �R ,' 4 -� ..r1+��, _ i�'I , f j'' / � F}�T� 1 : I�'i � �.'-..-rYri'n�1.__. .. - <: „ �F ��.1.��• T f. ��s f-. � ki i ��.t , J . —S � � r.. • - : �. r u rtl I �� I I .• _ �3• Y `�1f r 1�� r� . *; � -.. } . �• � �( � 4��,�` . yMx�� .� �f i�' � � b ,� ,: '�� N�S,'' • p } �€ �� 4 f..� I �/ �.r.�' _ . �.,�`:•, �; � . �r`�, .. r,�p r r . � �' � � ��. ,� . - � � ' �J � k:�:}'� �_ ( � � ._�� e� . . ��x��,`r,,� x y � . �� , i '1 � � �si '��t � 1 � ,. g ' . �' � .� �. �rR . � - i ��,T{� f ..�,� II �� ,, � �:=<:,� .. _, �� ,,�r �� ' ' � �M • '�{. -+�e�•� ' ( ,,'ti �;. �'��1 �'`�iM�'�'�3�a'+,- y�" ' - . � ,-- -��#�,'.;e�'• •�; �_'f. I � . t-�1aFs�y t: �s',�'� iw� -x��.a,,�:;y,�. �►:R � ' , # � . . �r'�i._ � , „�. . �3i r.�,.�a_�_..�4,��,,:`:i�ir:a: Tree Remo�al Area Perimeter Fence The applican# is propasing to install a gal�anized chain-link fence around the perimeter of the propased community solar garden facility. The fence will be six feet in height with three strands af bar�ed wire ahove the chain-link fence. Opaque slats are proposed to be woven in the chain- link fe�3ce. Grading an�f Drainage Grading fflr the community sofar garden will be iimited 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 exisfing fielcls. Wetland and Sfreams The Na#ional Vlletland Inventory shows a Public Waters wetland in the northwestern corner vf the property, and it has been determined that two streams enter and cross the site. One stream enters the site in the northwest corr�er and the other from the northeast corner. The two intermitted Supplemental Pfanning Sfaff Report—Sunrise Development, LLC Planning Case Nos. TA2016-027, V20�6-029& CUP2016-028 April 25, 2016 Page 12 af 15 streams join near the southern end of the wetland and flows south under State Highway 61. Defineating 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 salar garden. Much of the existing deciduous �egetation around the perimeter of the site will remain. The closest residential dweiling is 389 feet from the nartheast corner of the solar site. The appficant has praposed to plant additional e�ergreen 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 partion �f the solar array closest to State Highway 61 to be relocated north of the agriculturai buildings.Additional evergreen trees are also proposed atthe two openings near State Highway 6�. The applicant believes that none of the solar arrays proposed in the sauthern area of the site will be seen from State Highway 61 because of existing wooded berms alang State Highway 61 right- a#-way and the terrain in the southem area of the farm field. ; � — - - - � ; : . r� �,,,��,` "'� ....; [ .' �ip ti r�� `�� '�,• " �, '_�� c � � � ��.-. . �� .�� _ �,�Mt.......�r.-«,..._'� . .. —"�,�..► .. ��(��i_� i�jr. � .�,��, ,1�� '` �,r'�-i ��'E" - – � � � � ��.��- ' � •��'� t•t�I' ' �it],�r� f `S' , � i _ _ � 1 h � � ��4' . � ,; f,��y'`,, • ?IJ �t� +a�� .f' `'"�r„' l.yt��l,� .�.� � I . f il. . •.� f� �� '�'_ � . '�SJ � �,��,�,,�� r'�,�.' � �.J `, r�s;�_'�*„w •�-'. .. '' ,,� , �, �- :�' '� .�, - ' . �f;,�,`Y�'.�-`!t p��r�4 �' • . fir;_ , � •:� ;',.. � �y . �y�.,• 3 �r,+..- . '..`;� !sl l ✓ '�! '•F �/�� } - � ' _ � _ Y �.,��•+f_•�`F��M •1� �' • `, i � . ..t ,„,+- au��s"; �'' f ,- :'�l��a.�::J}�i�.�ii� j� ar_ :� r . - - . _ ��i ';� � � � ,�'• 1.,i. �� - � ,�-� ^ � ��ryt�' _,: .•�'` j' '"f�y � � y � )..+.• "r-�.r! � '. M�� ,�` .,•, , �ry •�+-v.` i f, ►` • ' ' � •.�� . � � r f�'��j�j,� P f •) Z� � �. ".a . ..j�F "�'� ..�� y. � ' , ` � �/L� • � •� � - .• ��• , / ��•.y.�s.� '�s' •.' '•�• l ,�.�, r�„f��, ,� � /. Y •; , \ � 1�i ' �4 ��'�L�.�I''1�6,�1 �l ' � �` 1�,��F�. ��- I� . :�• � " -- -— � Existing Woodland and Distances to Neighboring Residential Dwellings Decommrssioning Plan Sunrise's five megawatt array of fixed-p�sitioned photovoltaic panels will generate electricity that will be purchased by Xcel Energy under a 25-year contract. Decommissioning will include remov- ing all phatavoltaic panels, inverters, transfarmers, above-ground electrical collection systems, Supplemental Planning Staff Report—Sunrise ❑evelopment, LLC Pfanning Case Nos. TA2016-027, V2�16-029& CUP2016-028 April 25, 2078 Page 73 of 15 security fencing, lighting, and supply structures for the project. Dismantling and repurposing, sal- Waging, 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 restared to previous grade elevations. Decommissioning is estimated to take ap�roximately six manths to complete. Connecfion fo Xcel Sysfern The propased cvmmunity solar garden will connect to Xcel Energy's existing overhead electric dis#ribution lines that parallel the northeast side of the State Highway Fi1. The electrical connection to xce!'s grid is praposed at or near the existing gravel driveway connection to State Highway 61. The appiicant states that Xcel Energy will probably require a set of "interconnection facilities" for each aiie megawatt vf svlar 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 interconnec#ion facility consists of a meter, air switch, inverters, transformers, and a main substation transformer, and will provide the interface between each one-megawatt salar garcfen and the electrical grid by the utility company. The proposed interconnection location inte- riar of the salar array site is on the north side af an existing grove �f trees and brush. Initially, the applicant said a series of utility poles and o�erhead lines would be installed between the solar garden's interconnection location to Xce!'s electric distribution lines along State Highway 61. City stafF has asked for more details describing these interconnection facilities. The applicant stated #hat the details have not yet been prepared and that they continue to work on the design with Xcel Ene�gy. Since nobady knows at this time how these interconnection system will be designed, it is sus- pected that additional utility poles and o�erhead power lines might be prvposed. Because this is an impartant element in considering the approval of this project, a condition of appro�al will not anly require that all power lines be placed underground within the interior of the community solar garden praperty, but also require that the utility company must place all new power lines neces- sary to facilitate the intercannection between the community solar garden and the utility com- pany's electric grici underground. Details ofi this interconnection between the community solar garden and the utility campany's electric grid must be submitted to the City at the time the appli- cant files their buiiding permit application. Neighborhood Meeting The applicant held a neighborhood meeting on Wednesday, March 16, 2D16. This meeting was held at the Goftage Grove Cify Hall. Six neighboring prQperty owners attended the meeting. The applicant explained #heir five mega-watt solar collector system, showed maps of the subject prvp- erty, and answered attendee'questions. Several landawners expressed concerns for tree removal and the potential ad�erse impacts �iewing the solar fields from their homes. The applicant explained that most of the existing trees will not be removed and offered to plant additional e�ergreens in certain areas along the east boundary line of the 101-acre site in an effort ta mitigate neighboring residents' views they might ha�e of the solar field. The applicant also explained that they would relocated a portion of the solar arrays clasest to State Highway 61 to the north end of the site if the City requires this for purposes of mitigating the �iew of solar arrays from 5tate Highway 61. 5upplementa� Planning Staff Report—5unrise Development, LLC Planning Case Nos. TA2016-027, V2�16-D29 & CUP2016-428 April 25, 2016 Page 14 of 15 Environmenta!Commrssion The Environmental Commission i�net on March 21, 2016. The applicant attended the meeting and intraduced their solar garden project to the Commission at their Open Forum. No action was taken by the En�ironmental Commission. Public Hearing No�ices The p�ibfic hearing notice was published in the South Washington Bullefrn on March 16, 2016. P�blic hearing notices were mailed to 22 property owners within 500 feet of the 101 acre area an March 16, 2a16. A second public hearing notice was mailed to surrounding property owners informing them that the Planning Commissian 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 amendmenf may only be appro�ed if it is consistent with the Comprehensive Plan, would not impede orderly develflpment, and wili not detrimentally impact surrounding properties. The Planning Commission must hold a pubfic hearing and make a recommendation to the City Council an the proposed zoning amendment, variance, and conditional use permit applications. The City Council has#f�e autharity to approve or deny the applications. A denial must be supported by findings ot fact. Property Taxes The 901-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 salar gardens tha# are larger than one megawatt. The facility is required to pay $1.20 per megawatt hour in taxes ta the Caunty in which the system is located. Property tax classification c�ranges fram agricultural land to Class 3a-Utility, which is taxed at a higher rate. Property tax for the underlying agricultural land use will continue to be collected. Recommendation Recommenc�afron No. 1 That the Planning Commissian recommend that the City Council deny Sunrise Development, LLC's zaning text amendment ta Exhibit"A" in Ordinance No. 948 and accept the staff's proposed findings of fact listed below. 1. The City has initiated the process to update the City's Comprehensive Plan. During this pro- cess, the subject property and praperties surrounding the proposed Sunrise Development community solar garden site will be e�aluated for the apprflpriate land use designations, fufure arterial and collector roadways, and future city utilities that will benefit public invest- ment for future ttevelopment. 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. T�e area depicted on Exhibit "A" in Ordinance No. 948 provides for approximately 4,206 acres of land where cammunity solar gardens andlor solar farms could be located. These Supplemenfal Planning 5taff Report—Sunrise Development, LLC Planning Case Nos. TA2016-027, V2016-029 &CUP2d16-028 April 25, 2fl16 Page 15 of 15 designated areas are outside the Metropolitan Urban Service Area (MUSA}, without a Tran- sition Pianning Area land use designation and are beyond the State Highway 61 corridor. 3. The future fand use designatian for the proposed 101-acre site is "Transition Planning Area." This land use designation is shown on the Future Land Use 203� map in the Future Vision 2�30 Com�rehensi�e Plan. Transition Planning Areas are located outside the MUSA and are areas where additional pJanning efforts are required prior to establishing future land use desig- nations_ It was intended that a mast�r plan wauld be prepared for each transitional planning area flnce the develapment staging plan for a particular Transition Planning Area is adequately addressed in the City's Camprehensive Plan. Recommenafation IVo. 2 Based an tne recommendation denying an amendment to Exhibit "A" of Ordinance No. 948; the variance and conditianal use permit applications cannot be approved. For this reason, the Plan- ning Commission should recommend ta fhe City Council that Sunrise Development LLC's vari- ance and candi#ianal use permit applications be denied based on the fact that the propased five megawatt community solar garden project is not within the designated areas that allows commu- nity soiar gardens or solar farms. Prepared by: Jahn M�Cool, AICP Senior Planner Attachments: • Sunrise Energy Ventures' Zoning Text Amendment Responses • Sunrise Energy Ventures' Letter (Text Amendment) dated March 2, 2016 • Su�rise Energy Ventures' Conditional Use Permit Respanses • Sunrise Energy Ventures' Letter (Conditional Use Permit) dated March 2, 2016 � South Washington Watershed District Letter dated February 23, 2016 + 5tormwater Management Plan Narrative �Draft} by EOR Water Ecolagy Community • Sunrise Energy Ventures' Response to Variance Criteria � Sunrise Energy Ventures' 6Q-day Extensian Letter dated March 25, 2D16 • Sunrise Energy Ventures' Project Summary Update dated April 18, 2016 � James Pedersen Lett�r dated Apri! 2�, 2016 i � Zo n i n � Text �,:.�= - i�, i� Sunr�se ��!j� ENER G Y VENT URE S Amend ment AI i c a t i o n 601 Carlson Parkway,5uite 1050, p p Minnetonl<a, Minnesota 55305 ��e�� MAR �- 2 2016 � CITY UF CO"fTRGF G^�VC ''"` nri <<. , �;, Su se �rj� ENERGY VENTURES March 2, 2016 �I��`�q'�=��"1 Community Development Depai•tment City of Cottage Grove MA� � 2 2.016 12800 Ravine Parkway CITY�ir COTfAC��;;OVE Cottage Grove, lVTN 55016 Re: Zoning Text Amenciinent Application Dear Members of the Staff, Planning Cominission and Ciry Coimcil: SEV MN 1, LLC ("Stmrise"), a subsidiary of Sum�ise Energy Ventures,respectfiilly 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 currenC Solar Collection System Area. The site is located in the extreme southeastein corner of the City, is not prime fa��m]and and is ].5 to 2 miles from the Metropolitan Urban Service Area. The solar garden will not generate any cat•bon or other harmful emissions, will be created fi•om an inexhaustible source,the sun, will help Xcel Energy meet the State's mandate for use of renewable energy sources, and will align with t-he City's goals for sustainability. I�i addition,Xcel customers may subscribe to a share of the electrical output fi�om the project, thus supporting this clean source of energy. We will own and operate the develapment for its lifetime. We have also submitted an application foi-a Conditional Use Peinut to allow the project. You approval of these applications will allow us all to benefit from this wise new source of electricity for oui•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 ......................................... i � Zoning Text Amendment Application 1 City of Cottage Grove Ordinance Section Proposed for Amendment SEV MN 1, LLC ("Sunrise"), a subsidiary of Suni•ise Ene�•gy Venttn-es, 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�f five acres of]and 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 l. i; , � , . �� I . .4 � , � f� �4 �l!� y� � � f � .J� , II'�{ �J�I'��I II , �,.j I�.,.q � (ll�b +�'. _. � I. �I�I � y � � �' � ,:� J , ,l � � Solar Collection � � , ; i ;��, , i � �� , , � � �r � s �: System Area ` �li,, ,.� ` ,. i I, `��il If,�r;� ,�i� ', r�ii ' , � .,; � � }�,� � � � § �.. s , I � ,� . � a f 0 Parcels toAdd , � : � I iri; , f� � � � ,l �� .,,�„ <�� to Solar Collection �`� '� � i�� '" , � �� System Area � � ;, �. - � � - �/ �' � � i �� + i �.�. , .,ti e ' i � � \` ��I,.v�.f� 4 . I • I j :::�� I I � �_ � ' I ��,C. I � I f ' Q IY {-��) ' � '.�' � ( ' I ,� � ��4 . .� � I �� i � �+ ,� } ' ' ` � z � � "�'��.I il l h� t.� r —� � � �a�� .�- i f�, �. �. ' � r ,I�' �� I� � I I a ��I ,.ti <'� I I `� ,, , t., ��, ,,�. �, � � � � � �, � ` 1 � I� �.' � � , `�� ==-�' � � �4 i -I i ` ... ';4 �, F — - ��.'*'�4�;�- � I I. i I i� v � f ��+�1� �� . - � °� �� I��I��il� II�� rC I � �l ,��y,j ` '� r;. ��,r I,.�,,.� �; �., -+�y�, �.ir � ! I' I. I � I�i� � ,�-� �:}„` I : ��. � '+ � �' 1 ' �i il � �'#�' `� � � � ��``��`�, � 1i��:i�,, � .i%r''` "� 4'+ �.1.` 1' I �`'�'wk .W. .-��» ''t'c�,., :� 0 0.5 1 2r 7 �.'r•'" �� ,_. .. Miles ( ZoningText Amendment Application 2 City of Cottage Grove 1 Site Location and Conditions Site Location The site of the proposed community solar garden is northeast of Highway 61-10 between ll0'�' and ll4`�'St�-eets extended as shown by Figure 1. � � _i � � . ,..,.. ' � t,��_�r. _ _ �� = � - - ��z��- - ------- ---- -- - --- -}� �--- - - 1 --� �� ,��:. -- . , �, � `�'� \� ., ,. - \ 9L — - — \-\1 .\ t:nita{�Grov - q\ :� ..� I�,� �(� \\\ .�—' _'— \\�.�/ � - l_l y __�� t�ocn sc. 1 �� . � `- �'yys' � � �� Site — ,� ��> � _ ! ��\/ �) -- - � 1 D;-- _ _ �_ _ _ <</r __ � Oenmark ,,` - ��1� �� - , Township � ` _ _ �\j�i \�� _1141ttlSlii - � .�� `�/ �J I - � , ��i�� - �:�'�� f��,-_� _ ';_l:-;'�?.. �i,��`��`.l;_�1__,T,Z;%�_ Fi�ure 1: Site Location Comprehensive Land Use Plan � , � � The Comprehensive Land Use Plan map indicates thac the site and nearby properties � ��,. are guided in the Rural Residential . ' � classification, as shown by Figure 2. � , r� i�_. •� .�'''r-'�r ,;Y 1�'� �� ''� ��. .SItB � ' '� 4 `� � Figure 2: Comprehensive Land Use Plan Map Zoning Text Amendment Application 3 City of Cottage Grove 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. � , _,,, _� _ �,` ,;l, t `:-- - �,�c' - V — ..eA�=�.- i.:.. ,_ .., . .,_... �,.sr,nv r . �k �� _`� . _. , �,,,.�. ..•._,�L — �E ;;�i��• .. . - :,r - . ' t4 Y,. .�.. y � �- fi� , 'I ,� .{�� ,L � . • ' � ,{ •ti� �' .i.i�. : r_ �� E• '� �•�: ��, ,..� .� ,•.vi � ! _ . . � , � ;, � � ,, I '�rN '. , . , � ,'� ,� `��'�+ :g:Y� •`r ■f.); .,, .,.. ,I ..' � / �."4'' ��{"r V/'F�� ,'i ' . ��I t� �• 1�' � �It► f [� ! r� . F' �� ,� � w��` ! � �, �� i I . . ;, _ i ; : , I �i�' � �p• � �'��r ', � i Y ,f��,� -. • , `�' • '�'�� .� r .Jr' �i'-. �a •;. ,�Ar. - � I� r�. �. � [ • � . ��y •�. ��'�f� -� ��1r �. ,_ � r.• r . _ . . � F(� 9 . �:� i ,b • + �'-��' � '�. � �Yj try•a '-. � ._ .. ��Q.'..� �;� , x•, ,7_ . . �' . �. . , r ,.,'t, s i t�j�.�{� �� ..�.r .r a �„��I � �I�� . + � I r T� r .... `'� n. jr...a�. �*�t�k ' ( k't '' _. 3'. . 1{{'•. �' � � , - � ��, �. . � `� r.� �1 � • v•1 .., �. t �� •,ryl �,+ '•f Y , . Z t �i ' 'll � �. l� �j•`.F I ��,�♦ r' .. , r I 1 l + a� 9 , II � .w �r�.-d�i .+T+*'+�FA ��'. ` '�:, f!-", � �'� I I' �r..,t .r� _.... � _ �... . ✓ '• � -.�. �' =_-��Y, -. _�'.-�� `. 7 .i. . �� , o c ar�s��, . ......,. � . . . sd-..�.► . .. . ,... _J"i._'.., _._£-P-Ti - _ . . . . Figure 3: Nearby Land Use Topography �, �:-�`. _ -,.-_ � �j' IJ , ,` ,` -- � „ ;:-. The land surf�ce slopes gently � �� `, � .' � �� ``�`' 1�,`(�M�, �� down toward the stream thlt ' � '� - . � �� f'=..� — `, `� `�3 , �-,. �.�:�. --f (-�`�� `:; }'t�� bisects the site,as shown by ggp, �, �`- � - . _- � �y1� . , � '�� Figure 4. �,8� �' � � � c`�`�� , � } � .� ��. ti !°�so �'� � ��r �� -� ' - ` $�o �; ,- ' '� �� , , ' ` '�a�o� 1 �, `' I � 880 � � `4�.� t� .�, i 'L�,��, � ' _890. � ::;:�� f ; .;� U - ,�� ,, _ _ - 90 - _ . � l f, I �. / .- '7r '. t:• . t�li �;4 i ��`i;' ' `+ � � p � �I �r�- •+.Yj`i� �` �. �� = � 1 ' _ _ �rn � 1 �'!%,. \ "`�`f \-$5U � � � I �� ' � � -._.�,�� ,,� ��4' _"`-- _,..' ='`'.� '`)��9 `•'\.` - ?.i�'•. . . .� .J't��` r`l� \. �, �''f` ��r��i�-j� �I�p.° i��.. '� �� . ,_ � Figure4: ij,_ o �}.�i ��( � y ,,� •. ,,- --� . �% � r Topography `�;p „ � � i, `;'..� ,.�' :•. . �. _ � c .`�, Zoning Text Amendment Application 4 City of Cottage Grove Vegetation Ve�etation on and near the site includes mature deciduous woods, wooded wind breaks,grass, shrubs 1nd cultivated fields. -- . - - - --- - �-' "� '—`� � - �� - . . �i � . � �p��' � ..siPa�.* . v. r.�. .. _.�. ..: _ .._...��a.w'�i � :� '� -_ ',. ' �t��h a '4'r, f�s 1 ' ' � �.,+'�"'•• �•� - - . "� I , r �E' r�s. �.'+ ��fi^ . . .� ,� �� `tfY�_�� /))`'r, � , w �1 .H f1 � �.� ..�I .. �� Vai. �.� �'..��Y��t� +� i. . � � � 1 �* � i 1� ��'�'� � e� I,�r � 4d� � ��, ' i n� ��_i � , ' t�`, .�.�_ �� i 1 . f� � . Mr�� i � i� �, � � � �! �, .�y , i .�.:, ,� . � , , `'� ��'.,_ ��:+�••�,_ * � x . : • . ( II�I � t � �Kif� d� a�'; �s �, .•J -�'� �� r: ` '� • - � ` ': .��t �1,� ,., � . • r �t.. �� . � �;� ��; �� ~�� I4�; �I�. � � � f1� � tl ♦ � �'*� �w;: �� = �. . . _ '-� � 1..;� �r, � i !�,t� _ �✓':�1��.� • a ; f t, . .�-w.r-�Y r+ �• '.� �� r �L rq i 1 « � '� L � .�� ' ,' �' . • ya•rI, ..�� '+w � i ��L� ' ) �'_ �, $! ... I � •;�., N � �.� , , .�,�x , , , �• �•-••.: �; • •��, � � .. .��:''r 4 �f . � .._.. ,-�i; ,�.. � � �r . � �� Ir� � !,� � ,s• �, � ..�,. + �'��.� ��•, .a'.. ; . � t- I' .+S ..._ . �., r..:.� ,.��...,� �. r+wr . I N...� �� . ..�.M�. t'' �''�"�` .!�'�.� '�i:_� � . ,_ �^.f, _ °� .. �b. - Figure 5: Vegetation Soils for Structures The soils on the 101-acre site are suited for buildings and structures except far 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 Soi!Sin�r�ey r�f'Rantsey and Wusl�iiaglon Cocnaties prepared by the US Department of Agricultui-e. 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. Howevei-, the site is not presently being farmed and the farmste�d 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 communiry 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 5 City of Cottage Grove Support for the Amendment The rationale for the pi-oposed 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 l, above. Distant from the Urban Service Area The su�ject property is 1.(miles from the nearest edge of the Metropolitan Urban Service Area. It is 2.6 miles from [he MUSA if the CoCtage Grove Ravine Regional Park is not considered. Please refer to Figure 6, below. Consec�uently,the site is designated as Stage 5 (of 8)for iu-ban development in the Co»�prelre�rsive Plcr�z. 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 Xce] Energy would expire after 2S years,after which time the facility wotild be de-conunissioned and removed. � �� .� t�Z;4!•: ` !�°'•�r�- ��1;'11�� _. r':�� \ l`�7 ' _!`i; ti � . � �' � � ��.� - ��` ��t .;,�� , '� i,l. �.,. . _ �.+`� -._�-', � . i, , � ,_ ,..� . .r�� ;i�.i��i):-F';!�r f��;?, �{� ;'4; 1 �� ,�,�, },i., l�r _ � ,_.! �A��, �I � I�.,V�' �C,:�1j�'�I. �C�1jic{�'��'�•� ' '• � ! � � '�� i l� ,> t �(i•. � , ,r L.e end 4''-�',:�� t�� :.5`�'�,��i`i'��.1'I;ii! ; ; I � � 1 � � `�a,}.�. t �i�F � �r ;:� �------ - �� -; ' +'�. ��, `;� .!•__;,1��; .l%+l � ��MusA ;:r�� >;.��; ��%;��1�r�;��,=� `��f(��i,�. —_. � cG cit Eiouncrar '�li,�r) ��p'`�;�;'-�%>�� ' ';'�`��.�' >)�I < �_ � Y Y � ,,; , � ,1,� : ��t � l�ll� `� ��(�it!��-i��,��(�r�_(j : Park and O�en S�aco ��l., .� ,,:ti�.. _� �_,� i MississlppiRiver� �� IS1 Ily'�l = \7`��,��'•:,I[�tt`).'�I � ._.....� 'I� I�I�r + ,,+1�`,1\,� �r�1�•I „�•`. {�� '�I r ��y� �. �.�'��'1��i1r�� .. = -:�7l�;5 � �')' ` -�` `" - ,. , I - c --- `� ` �� . ._;f� �_ � . - _, � . . , � . . _. a ,,.. 1 . ' �� - --- �� . �,.� . a�� - - � .;_._.' :; :,::, . .� � i`} (\ . �.`�� , �,�`` 4 '_'.4� � �.�.. . 3F�-�"� `- �w- � i� : ^tia..a�.,�.n*� .1 !�..� Figure 6: Metropolitan Urban Service Area Boundary { Zoning Text Amendment Application 6 City of Cottage Grove ►.� � ; .- 1 '�� ,� 6 � c._...�.__.� , 3 +� � + l ' � _ - � . . . ; ��, , � �` t . . 7 � 5 � _' 4 Private � System � 8 Sile. � � i Figure 7: Utilities Staging Plan I 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 ai�cl rural residentia] 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, illusU�aces that views to the site fi�om nearby houses are obscured by either dense woods, perimeter windbreak trees and shiubs, or trees and shrubs planted for visual privacy around those houses. —�---- -- - �' t • , - —z- ,. .� � y �, . .� �. ' -^� �� . .R�l�'r��-,�.i..�,._. _ _ . ..�-- .e �.�r�,3� , . •� �'.•� "`- �r1� '� �-"*''� •1 � , . �� ,�,'%' •^ �. .-�'. _. � 1�•. ��F ` ' . . ' . ��`��r ..u.�.. w ! �a�.' �. � : � � J�� . � /'� �:�' � j � � �� 'tf �l.S r' ' �e. ��' , 'i ' +�I.�� • ��•)�V. ��,,+ �, y � w � �I : J r�.�+��; ' 1r'�� !. , ,� � }_ ��►� .• � . ' I { d 7��. �.. J ��.�t.,�.' - f J ,. � I� / }; � �j \ � � � �� T�'� '* 41',�•�� ' r S'�� '��1� +� • -. 4 I �• . �i , .�' �.._ ' ��" ,l. r4� � _ . �, ��;� ,. — ..... �� a, i �3;f�w � �„�'�, o . �Ir; s. .`,, , " � i �� M�_ _.a.�.r r�r...'�'�� -i � . � � ', �.�j �� ti �1 F , ,., �'�t�� 'k +.t�, �'4. 1��'�,. �1�+,' .. ;d'�. ��.... � .�-.-'1tlr .�'.k�w . I ,�'� 7►.,�� y��.I•� •,,,t��+++��.�� : � ..4r 1 � � , ..�',�.�.-�� r., � � +''��.� �.'i:•' , � �._ „� �•��J . .� , . � � �� +,,��.[�qL � ,. ��' L . :E�� .,�i:. � I .� �w .w ��S •'�I 3�(r 7! ...s • �,ty . ' ��l�'� , t. � I� L �' I 4. � .�: _. ._...��„�.3�Y'4�� '. I. �'�=,s'!f~i1. y...9 +�" �-�r-�_ i�•' � .... � ' � Figure 8 Visual Buffers Non-Prime Farmland The site is not prime for agriculnire 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. I Zoning Text Amendment Application $ City of Cottage Grove � � Conditional .��:- - -<<::, ,, _�, Sunr�se • `-!�'�r�� ENERGY VENTURES U se Pe rm it ��'� AI i c a t i o n 601 Carison Parkway,Suite 1050, p p Minnetonka, Minnesota 55305 � �� '. ,' Sunr�se .t�,:; �;, � �� ENERGY VENTURES ��. March S,2016 Community Development Department City of Cottage Grove 12800 Ravine Parlcway Cottage Grove,MN 55016 Re: Conditional Use Permil�lpplication lo Develop a Comu11u1ity Solar Garder� Dea��Members of the Staff,Planning Commission and City Council: SEV MN 1, LLC("Sunrise"), a subsidiary of Sunrise Energy Ventures, is�leased to present this a�plication to the City of Cottage Grove to develop and operate a community solar garden. This 5 megawatt array of photovoltaic pauels will generate e]ectricity that will be purchased by Xcel Energy undei•a 25-year contract. The solar garden will not genet•ate any carbon or ot�zet•harmfiil emissions,will be ci•eated fi�om an inexhanstible source,the sun,will help Xcel Energy meet the State's manciate for use of renewaUle energy sources,and will align with the City's goals foi•sustainability. I►1 addition,Xcel customers may subscl•ibe to a share of the electrical output from the project, thus suppo��ting 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 corpoc�ate citizen and worlc cooperatively with each local commu�uty. This l�elps us respond to any concerns with conditions that create a successfiil energy development wl�ile supporCing the City's comtntmity development objectives. Please give oue application your a�proval so that we cau all benefit fi•om this wise new source of electricity for our homes and businesses. Sincerely, r Dean Leischow Chief Executive Officer 601 Carlson Parkway,Suite 1050, Minnetonka, Minnesota 55305 612-293-9900 dean@Sunriseenergyventures.com �� Sunrise �,_ ., ��►�� EN£RGY VENTURES Table of Contznts Project Description ........................................................ 2 SiteLocation ..................................................................................2 Comprehensive Land Use Plan .....................................................2 Existing Conditions ........................................................................ 3 NearbyLand Use ......................................................................................... 3 Topography .................................................................................................. 3 Vegetation ...................................................................................................4 Soils for Structures.......................................................................................4 Retired Farm Operation...............................................................................4 SitePlan ........................................................................................5 Site Access ..................................................................................... 6 6rading, 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 Perimeter Fence .......................................................................... 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 PermitApplication 1 City of Cottage Grove ��' Sunrise , '��7°� ENERGY VENTURES Project Description Site Location The site of the peoposed community solar garden is northeast of I-Iighway 61-10 between 11 p��' and 114'�'Streets eYtended as shown Uy Figure 1. �I� - - --- ---�.___ -- --- . - --__ _ � � � �94 — , . Cot1a9�Gravc ° I I LJ y� ..�.- � 110th St. 0 ��' $It@ _ � < Denmark ' Townshlp o �_ 114th a�� , � � �� J�T Fi�ure 1: Site Location Comprehensive Land Use Plan , � ; � . The Comprehensive Land Use Plan fnap �p� indicates that the site and nearby propei-ties . � ;' are guided in the Rural Residential .''JY� e ' � i � �! classification,as shown by Figui•e 2. ' , ��• �, �� i ,- �� i.R . I . ` � � . ' ��. �`�, � , site � ' i .� ��. I' Figure 2: Comprehensive Land Use Plan Map Conditional Use Permit Application 2 City of Cottage Grove �� Sunrise ,,.- �� ENERGY VENTURES Existing Conditions Nearby Land Use � Land uses near the site are agricultural(AG-O),rural residential(R-R)and a chucch, as sllown by Figtu�e 3. � ,�. . , � „ e + ` . '' ' 1 ` —;� _— , ,� �,,�c►� .j,;� �� .if�. ' �- �c'1 i;;f�F� I �� , ,.+�fi�'��C:Y._� �. ._e�:.:.� - — —=�?�r.-...:��a r, � .�I....*eo � ' '.�' -v' S t��,. ' . � , . �t. w�. ... t '4�`' � '"4`� ;�^`�,� , . ., �'j .,�' ' ' r = � ' ' 1�� K.�� '';, `'' 'y;2;,�►• .-z ..��.:�� , , � r . ,,._, . � '�tr �� a, �i �!;•-�a � , ' �-._ �:{ :�.; yT ��} r, i r�-•,. �r� �! � � �� -�;r t •.�"��; �� -��'��?�� ' - � ��; ;. � ,�-:r4a 11"` '� �,� "' ,, [ �, .J �,- , -i F�� I �'�ti:�r��''��r f, _ !�wl �,. _ _ �x�.� :, � t� �'�T >,r� � '` ��i �� ' .'� � �y}�, Y_`�1 �3 f.Y�" ..� � � �yi+�� •��1�' f l�f � �� i , I,a� I I\ 1�� ''� f r�;,� + t" �� + ��'� - ��61�'ll 't� '!,^`�"" `T_' . ,_ � :k. � iifl ;1. , _ ..� , ��! i� 1,' t ��y� . ,.x�r � �`. �� • �c `� '1 � .\\ I.,sl, r,�'tir Pi°rf".V ,�t�q � � .1 f. -��,)!^�' . • , ~ �. � i ___.! ' -• •� Q4° t'�� q'�Jy i'L� ,a�,'.� � �""��! I 1�•�i,��Fi ,.,� � n` •� , � ,!+ �J� r� ,'� , / w.� � :� 1 .� �,y�!:� s . � �''�j� �'� i � � � � �t � � _. *1+� ,��i 1� �'� _'f . ' � ; . � � ,+�'� � � ��;.lr,�'E:�, ,�� . ,�a Re�s � �-�rw V �r�Y n �. 'f i .� �' :; � � , � • �R ��, . � i � � -.; � J' ��J�_ . ��p^, � �: .r.�.�� , 1'J��r4� �h�'�► � j � ��. �h'� �{l�f�l� �'�rf�� I *� � � r ,Y � j �.i: e' f;. /�;.��r� �f�:��..nr�� !cul;{}.I`'J - �� . � � . � f� �� r' ' � ', ,�.�4 frk, . I ��` ��, �` ti .; � 1,��.�r �,, � � ,.��,�, .�� . !��s � ` �� • �. : , M, ...a.�i.�� .�,:�..,.x� :: .�, i,... . ,R f � ►. ib, � 1f 1 l'�r i ). L S.r-�1� A-.�.. ' Tv ' � F ��5�� _ __ ._. _._ I 1 ��s _. .�I4 s��e.�%L�w .�aia!�__ � 4�_:�� ''h .�i.. ri_.r. __—.. _�� Figure 3: Nearby Land Use To o ra h ��;--_. �-�� -- � � v p g p Y �,_ ._; �--�..-_� J ��`��6, �� (. The land surface slopes gently �` l � , �I l �', - v� `; �- h� . down toward the stream that �,.� � � I �l' f�` �I I � �� y3 1 _'a_�s '.�a�Fy:l�_. , l.._.-♦ .'• '. �--. . bisects the site. Some grading ggb� .,�1��_;___ .:_� `.j � � _r��,_� __..- �, ? will be needed for the solar � ''�� g��,� � :- `� --� '�� collectors. Refer to Figure 4. � I i 8 0 ,_ � `� P � � J � r._. �S � . � ,� J87 , � � � 7 � �I -��-� � � ,�,C,� , ---� I �.��`� � ' . 8�$0�.� � a� =,:,� ;; � �/,� (,� ' � �/�,��o._ so _, � `'i- r _- � �./ - '") �, \v j . �j�� < � ..,�� . �,,�;, -_ ,%lc � o , ^r `��,��'`, �z � . -��''-;�-� •_---- °,�' � .' ' , �, � ��.., a) ' � '`<S5 -`��' � _� �� /�� i�._� ... � ��.-- y��J1 / /^`�__...F � `. ,.?/�w / f.�\\ � l� �..�\ \� ?i/��(�r?1 � .f • �,�, �� _ �' Figure 4: ; � , ��. �;� -•- 'r�� +j�" 1�•.,�t�' ' ' �•'� � t N •4. Topography , �� ,ii_ �r 1 E` C��r�.�Z... . ;a_ , � . Conditional Use Permit Application 3 City of Cottage Grove �� Sunrise it.` . ��` ENERGY VENTURES Vegetation ° Vegetation on and near the site inclt�des mature deciduous woods,wooded �vind breaks,grass, shrubs and cultivated fields. �' �� i ,<��ol'(�t�.�' . �y � • T,� lll�'�i'h i • ;s�.^:;in,�,��i ', � �s�_:�:ii R� � C� ' ^�.I�( � �� I�� . . i;� r�' +� ��r�. � 1 .�t,"l�i�l�it��r u,_ 1�.....`�� ' :..'.:: '��'�' . ,.w.r��'�F`�. �:�. '� . _ �—_-�it.��I - �_f�- v�� _� �1'i: -':lk-*'.dj�'< 'n� . .... _`;�,�• � 1 L�) � ti � �� ` ��- �. y' r4.• �- Y .��i �: ��, • �.�� F �� r �' �..,, �3 ,,,: � k ��;�-w�, b ��, , � ��'�'.+�' •�~ •t-"d , ;E; �7 , .� ;j� � � � '"t,{i' � .s. - - . , - - � ��f= F �, - �„ .�,,;t��t,.; � �, j _ (` �, ! - / '? ��r�• t T �„ �' � .rr.`� _ r,' r a .+ �_j�.y�!� ��r' ��-�x1�1; �:��ir,�; R' 1*f��. . � �H,�r�•!p�'�'r��y��*�'�'�-I - �Yk�� } , �''I , . ��'��'� I �4 �`� � �.,_ -": ��,i !r� �., t r�'�. 1��'�+lf�b��i�:�;l e ,' � r.� ��:4�1 '�,,,�.�' 1�'�a��°�":�!,�::` � �'-'�`� ,�5� ��.� - � — — — ;� \. � , i jjTT � `' �" � 7c.w''- _ . - Z. .•- � � $� r•� �'�t�� 4��r-�� '� fl;.�l�f lfir 1 ' � � �. ' y�. f .�� .1'!'1 �j,,,.�+i i 1 £�. Y �_�. � � � 'f� �'� �` ' f�f,l lt f + i i.4'.� `r+ ' . � � � \ t�s �c r�� . . ' _ } R: � �i*�, ';�F�+I .rR• }�EI.� � � ,�.�r �j- - \\ � �. �L�,y�r� �'�"' „��,�f ll j`!.tr, �r�.. � � �� t!� j�_—�,1 � \ al r.i 6' +�N r i � �'ti 4 ., •` 1 a,l'� .+1,� �'�. � �ri�' �� +�1�1r.�� i.t � � . ��" � r i 7 `^�>'��)�j :�... �'� �-� k.. ..f�• � {. f. ` � . �R�N� - �.`'-�wl��^'N,th�n -.'t;.,�'. 11 �� , � �_ � � . ` � f � I ��;��` �FYr, 4.''` \ ��,,lt r � !r..l�` I - .�' .�:/`ti- E� rx nY.,�'.�rYf�,l1,.,,�n�� I ♦ _ t' �,,f ��J .� ` :Ih s,� •:..c�� I ' � Ir; I �iF��. _ . / �•�!�' � �', .ff f� �.� '7 ,7t °q.�1��E �. . � I ��i.� }, t , � ... ...� � �� .� �r � t _ wy�' �1�.-�c�;�'.�, �:i i :�. ��? � . � , •� � +. _ � �1 b�`, L M . � q' ,�y t��' ,4��r�`.�r h r, �}.. � ' �. ' ��!.f ��;.i�?r`, ��,��' �� 5 .��4 n ` ��„i t' .1 �•�b +c��:1 �i� .r � l.it. ' �l�'-� ',c.. ��, �' .r,nT �, _ � d�i. � •`��,{��.��.aa � 1a�F�ti;.��.,....._.._ ^��iV3��Nl��.TiF��- .i i:��s ._-_ 't'�: , " . , :,., ...�� .. - ,�.. :- -- — .� �. _ _ __l, ,=a�,:o Figure 5: Vegetation Soils for Structures The soils on the site are suited for buildings and struch�res except for those in the stream chatmels and wetland(see Figures 10 and 1 l). Most of the soils are sandy loam or loatny sand, according to the Soil San•i�ey ofRanzsey ancl YT�asl�ington Coa�nties,US Department of Agriculture. Sola3•panels will anly 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. Poi�tions of the site l�ave been cultivated in the past. However,the site is not presently being farmed and the fai�tnstead is no longer occupied. The original facm was long ago subdivided and most of it sold for rural residential development. The outbuildings to the northeast of the fac�m house will be removed but the house will remain. Site Plan The site development plaii foi•the commwiity solar garden is shown by Figure 6. Appt•oximately 29.5 acres of the 101-acre site will be devoted to the facility. Conditional Use Permit Application 4 City of Cottage Grove ��q� Sunrise �t; � ��'�� ENERGYVENTURES .,.s� _ _� _ --- ,r� •�;�'�l�,,��- ,,,�,�,� l '-f.. , "': _ � � , � � i . W�allo-'/ . I ---aaa�rseraacxr�o�wFa�wos ' Nv�r�rr�rrur�oRr�tann I ;' �(n)i � _r. �,_• - ;'25' �.� _.- -�=�� _ a , 'Pvaut�vs' � �� 2A �r I �� I ,� � � .��...�.�;� €�� - • - � � Ic�'tl ' I � � � h r, � I' ' 7YLk1E� �� .,� I i 1', .,��. 'fi�y. I i� , � I �� ;i .�f, � N f� � ; 1 ��' � � �� 2bFTSE7RAC!(R7A5fEN'PROPFRTYLINES I, ��fi'�.%� �fEwAfiRAYACCE ' i tdEiFR 6 Pa G�/"' I_ sERvtcE rnzan j ` � �aFurrFncor�cnorr - -- � � 3UwuiumaCCEssSEFtvrCE '�` `r�r� �� . - UkDFRGR0U14D� . �z. /'MVAC W(RlNG i � , .f ��,�_�;- �� 700F7SE�&3CKFRO�tIRQAt) ' � "� ::�'��K ` "�� I . ,1 S'--0.�� yP'S $ � � .',+�� Q��l�� . . �� ' �N��S � i � � ' �� ' �a �� ' �t� � _'�'-�', ,?� `� � N � 1 . , . � i , Q . ,, i � . . - , �� i 4V E� � , , �.�.�.��., , ✓ , � , ✓ .- � � s _ �, . S I . ,. . . .. „ _ ��'�`� =� '- . — . l .., Figure 6: Site Plan Conditional Use Permit Application 5 City of Cottage Grove �� Sunrise �,_� - /�+�� ENERGY VENTURES 5ite Access Access to tlle site of the community solar garden will be via the existing farmstead road that links to Highway 61. Gravel seivice lanes will be constructed among blocks of solar panel arrays. Grading, Drainage and Erosion Control Gi•ading for the co�mnunity solar gai•den will be limited to creating gravel service roads among fhe blocks of arrays and pads for the electcical inverters. The fixed-position solar arrays can conform to the slopes and do not rec�uire that terraces be created because each solac array is iiistalled by simply drilling posts into the ground. Noemal steps will be taken to conh•ol erosion during and after the installation process, and fllese cav be specified as conditions of the Permit. Disturbed soils will be rehuned closely to their oeiginal co�itours. 'I'he final site will be seeded�vith fast-growing gi•asses and mowed as necessary to prevent woody species from establishing. Consequevtly, the rate,volume and quality of the surface watel•runoff is expected to be impraved fi�om the present values generated by a plowed field of row cc•ops. Emmons and Olivier Resources,Inc.,will provide to the City,the Watershed and MnDOT hydrologic modeling calculations for rate contral,volume control and water quality, includitig proposed��ond locations. These calculations will reflect the fact that watet�fi�om this site drains to the undeveloped property to the south owned by 61 Marine and Spoi•t and the fact that moi•e than 80 acces of laud to the east of this site drauis tl-u•ough the southeastet•n coi7ler of this In�opet�ty. Tlte submittal to be presented to the Minnesota De}�artment of Transpoi�tation will eiisuce that peak discharge will not beit�g increased for flows to the Highway 61 1•ight-of- way. Please see the attached"Sample"Stocmwater 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 cornec•of the property as illustcated by Figures 7 and 8. Tl�is 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 stc•eams enter and cross the site. One stream entees fi•om the northwest and the other fro the northeast They join near the southern end of tl�e wetland and flow south under liighway 61 toward the Mississippi River as illustrated by Figure 8. Both are classified as Public Waters. Neither will be directly itnpacted by the pr•oject,aiid a buffer of at least 100 feet will be maintained fi•om its edge. Tl�e site plan will be adjusted,if necessary,when the stream boundary has been officially determined. Conditional Use Permit Application 6 City of Cottage Grove �� Sunrise ,,,, ��7�� ENERGY VENTURES Wetland Delineation Emmons and Oliviei•Resoi�rces is in the pi•ocess of determining the boundary and qtiality of this wetland and working to determi��e whether thet�e are any other wetlands on the propet•ty. A"desktop"review of hydrology,soils,topography and l�istoric aerial photogcaphy of the site has beer�completed aud delivered to the South Washington Watershed District for review. The Watershed District has concurred in writing(Appendix A)that no apparent wetlands exist in tlle agt�iclilfural fields,butthis will need to be verified during the growing season. A field investigation will be complcted after May 1 S'and also i•eviewed by the Waterst�ed Disirict. Prior to the start of consteuction,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 coordinatcd wiil�the Army Coi•ps of Engineers, wl�icl�has reg�ilatory authority for Sectio��404 of tl�e Cleai�Water Act The Minnesota Deparhnent of Natural Resources may require permits through the Minnesota Public Waters program that they administer. Avoidance aud minimization of all i�npacts to wetlands and public waters is being incoiporated into the site desigti aud implementecl. , ' J '� � � r�� • � . ��.f - -i. J -� I n,�c! . -.�/I �.0 f,•..,I.. .:.11� ..� �� National Wetlands Invento ,,,�y = _ '� 1 I. ;I; i.. � •� ti � �„�� ,'- ;1 - ' ..�i.` .�`,, ,p + ....M►�.�.:,..��-�w. �'` ._�.� .. `-` ��b;;' � , � .!' /�,�' ��`�1' - .,..w.u,�d I� �S.`'$�TA-� � ��r,yb� ,{ z,:�m ra r.,e�, .I . ,. �Ff� '. ' • ) . ^.I . 5 ..'j'; � ' • ` cI.,,U��mwacodai c.o,a(g:�ls> � '1� 1 '�'•< . WatlandlY[�� fr��h.ats.Fwertetl/Sh.uE1'letl.��.: . l e;l��,= w�.a�i 3.)B �•�,�:� } �,�ih� 1 '�Y7 r � '� R sen�.i oro�:.i :,�R�L. ..ry�t-.,�� - �m,aso,i�(.)� >.ho � �� ,�+�. � . i , so�.uira�� a� L�`�,t ��L "' C7. J�• I Ima9�S�aNi l - l S � '�.�• �f . . * i ]IMQuadNamn� Gre�mtt � f `' -.: :' . , ' -' IOOk , puadN�n�� H15Tt'.G9 .�� t� ,�i �'� V•o)<clHetadala �W.MFsre �' r�� ,�.-h_��t �.,.w �+� \'letlanJs � ItialoncHaptnfo� �Ikkhen = �� `� + �: ' �- ' !' �Ectuann�and u�nn�M�praMr iGUCHaladatar�L�NFr.� f. �.',: � ' �Etevanne anj 1tsHna 1V�IIantl a r'�. '�.1�'( "j}w"��1 � �ir��i.walaiFm�rp�ntlVeUind }� I l� ��( ,• . `, A i�,i �frcahxaNrforeet�d!SI+ruD N'etlarvd �-�[,�y'�'', •�''i � �� freshealerPond =.�1 ,� �/�t�� Y ' � �� \'�r .La4� �� ' `� "�i,�1��'� � � t;�� ; p�Ue. ;; , _�, a aj t �,,s�• �R„.��, ,�< + * f � r-�. i i yRf' � weilands HaaP�nP Slalus d . �,+ ' . i i;+ ��- ��rtawm j i , � i .F•TT 4�t •' �;/� • _ � �. [ ��" ' r,�d� , 0.V In --•1�'` � -L�• *'�.� RF �iled!Slwb ,X�1. �!� ' ++..r�. I I��,..c.�.�„� i � ' • . �.Rti:: \�. r.�� , �1 l�..,. , r, PiParfanllapPln9 Arcas �,: �a M y , � ��,t — '.� � �cs a.,.i.. ..,. .1, �.. �,�� '`� � ,�r, •. \ �bi j� �1 '�pr. `�'�� •'. �'� � ✓tj��.:/ �� > > .,�� Mil� ��-,t� . J .. �\ �� t �r y'``' t r.�.f •\, � F- r� t�'� / ✓i ru'!ien �..R'':'F � • .. �- .,�' � •• ~�l. •f �� $.1 � \�l� � •� �'�1 k�t' {_ ,`Y,�_ ��,, ' -- --- `� �'�1p�"�l?��5�� - --' �. �_ ' — , �'r� . J t Figure 7: Approximate Location of the National Wetland Inventory Wetland Conditional Use Permit Application 7 City of Cottage Grove ��~ Sunrise �� ENERGY VENTURES I .�� __ � � , �.r 1' � �. I ' � a� . i ,. " „�p%-�iaa000i i � ��,. �, I1 �� •��:,��.y• '� '{ _a�►��'��F"� �R r �IM�• - . �M.- --wrM.��-��+7�'l4MR`ir!/�"r'7�/� . ..�' I __ �:, �I � �f.. �+�� a .. •__ �-. .��;, _ ._ _=I_��.' � • , • , • , � � f « � I �` PFOlA �`' ' I .'y� �.,�a 3 ��'� `�`�.,�. � �ti�';i fi� Z•� .,l�.`� Y_._a��r�r,�y� I +/" ` .- _ _ =-- � � �' �`� . � v��:!'�-, •. . f i I�t . � �x'?�' j �'j�,�:,::{. � ��? h,.� �;�� _�� '�t' ,.�t�.�. 3i .—. � � j�� r�_ i i �c o;��. 3Gy� r Iy�,F {, �y� r I n ��I�j1 ��I�I. 1y.K�JI�} � �•�, 3� ,�i l�l r� _� . � , . . �Yc, 4�',� ;Y.��, � t"L•'��'� + ��, li�` "�,' I . �T �� . � ..'� _�_ —AI �,�•r�. � ��'�� i .sAr�_ . . -� ' '� �, �•. ` t' �j,i� ,:�;`� ��"� �; ��r 4 tC%� I � � � �+� � r'� a � • af. ;�inn„y' ` ;, ��, ��• �tJ!�r � � I �:s-''; �_'� � �,1 � I �... � . '". 1 I � � '�t�( A � ' �� ..�„ , . r `I . .,�.`��t��+ }�� 13I /" �� '•^�, •s{� .4� `:'�. _ 1 ��1��•.� '..1q' �•. � �� ''4�.r ,k 1�� I i'�'r �'. � � �� • 1 ' � .�.� (� � � �,�f .�� . ,��,; �!l � '++.� �+�y9�,, ' .;'�t' ,�5,, +`�F: r ,.-� ,�y t r,��{� . r'.� ��, 4 ��q��,� ( � i �j;�f � .'�` � +t � ltFdclM R. ' ..r ;�. .,r� � � n � _ � � F �s� �� r� �: f�► , .. . . � �' " 'I' � �1 ,'' t '� � •� �� ,y�' �„i'�, � �'`� �'�� . '� ��, - �,l, � j. r•- � .I "1. , , \ I + y•7 i � r � � . . _. _M.:. k.•�••+� ', , ,��.�� ' ;� i '�. � , � "� r►z�. �.,� \ ; �-i ^a ;• • M -3 � � s; .;.•.c,.l ;J ' �, -� 5)��.�_�I�t?.4�)il��,, .•r %�• I i� \ \� -1; X c � . i' �:. H'� t.1ti+.q r � � I 1��,� \� \ � `��'��I�i f��,,� �t I �: 3yn2721�2��Jel� ��\ � � F � � .�i•, . �.� :��I�, > (. p �* �` _ ``.� - . i3 GIi,: ' ` �� •�� ', ; '# �} , . �- � ' . - +�� IFt+, I �.� �. \ , ��]M��IL{� �F�:� ,� f1� � �, rL.. , �'R.. ��+1�� lr�..e L ._�� -1d1Y�-� �ri-.�1`� L -��r�' "7�, I; t- J�i''�.'p."�{. ��"� rT'�'�� '�1�/�� i�' �' ¢ �'!�/+� � r �r�'♦j;� I jf`l L`_ 1ii•1,��, '1'��3n, i��.lo003�� +..`"i!��!�i�,�;- �l��i:-i .r V � � 36 �,'l�l nus ��y . tirl,_� Gl��' '-� y6 I 'r S wlfF�1 �s�: ' �;� �� ,y.��1��'00� 350?72I41G00� � I. �c� �" ,►�.� , . .�,. �rr-- �'��'E��r� .�I�' _I � ' � ,_�__f.�:. .� -;:_.�• _,:��.;_� � _ 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 fi•om the stream and wetland for mutual protection. 1 Conditional Use Permit Application $ City of Cottage Grove �� Sunrise <<; ��'i+o EN£RGY VENTURES Visual Compatibility and Screening Tl�e community solar garden will be visually compatible with its agricultucal and rural residential neighborhood by vie-tue of these character•istics: ■ The solar collectors will be only 10 to 12 feet in height feet in height. ■ Tl�c existing vegetation around the perimeter of lhe site will bc retained. Figuce 9,below, illustrates that views to the site fi�om nearby houses are obscured by distance arid mat��re 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 ft�ontage; cefer to Figures 10, 11 and l2 on the following page. ■ In the sotrthern half of the site,ther•c is a secondaiy berm,running-east-west approhimately 400 feet fi•om the highway, bel�ind which the collectors will be located. ° Conifers�vill be planted at two visual gaps along the Higllway 61 fi•ontage and along the northeastein perimeter. A specific planting plan, includiug species,size and ]ocation,will be submitted for City approval before receiving a Building Permit. T ,;:x izi � � ,��:� - . i_v�, .'i�y��., � ' � �Z,��-� ��v��a4� �: �1� �• `� � �i `�' I � �1� .-� '��.4^Wy-'-x- , €n! `"""�4�'s� 't � _ .y r ` ; .q,}�.rr�',;,' :'� •�-, � �" �y . .-- .�+w..- , � _1 �R ��y. , ?�,�.� •�•.-wr.�....�.wf.s, . f1 �� r� -:�` L_ � � � .�e,•; •...E�f .� f.. '� '�4 � I, � �* ; �i�r�c I i ��, �,��_. ., , � 4 � p ' �°'�f� ��. � t. ' � �':. � �� ,t . . . �,�. - .-, . f � � � I ` � ,�' '�'-�� :;�e� ��i� ,. ��a;�,��.�� . �- �'� � �. t ;.�I � � �t? ' � � �� . :( � � `�,`, . ,, + k,, �, ��,., r..4 , �. ., '�8�.�,.�.� �'.'` _ ' ;��,,� �� _w��'�� . ,� - �?'�''�� ,;''��*��[?'�'� (tj,�_'��:. ./w,� � i f ,�� . ,�',� ' ''� � A{� 1 �}`( 4�. f� R �� ,i f'��•� �'vP � Y6 .. . . j�'�4 �� ►„w�. 1!_:!� .� � �•��' _. �:.GL',_�� Jl��. ��. ��.�. . .� �, `��.,��4. ,/..''� 'l.,+��~{ ��+CL�. `I �� i��t�y�.! , �. 'L) � - � .. i 'y ..' �(. 'rrc`.r(!r-� •� �t ti r�.`. ��. ��'-� I .r 'F '7��=1� �'�� . � � ... ��. .i�. �(,d. ?�'F� � I -� � ,t .. ,Y�� A. 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'_;� : v v � .,� , � ' � o r ��h� ,.� �r� f ; oA � =�!r ' i > � •:•. ��:, � 3 � " =.'''' �y ,', i o � 1 ` � .�� ` ? +' ° � ' ,i � � i - ��-��J 5� ��; . p � � • . , H N -6 . � ��' '�.-? N L O � r �.3 �-I .N ,� .� �, � l�T.i r-I � N ,. ��, i`: .,� e-I . U I �� vr�ti^' '� ' � _ ��',4� yt: '.j�, y � � � � ..�` � .,�-,t_,. e� r�'.� L s � � 1' ::� � j�i q3p � I �± y'"_-":�'',�--' � � � _ �r��F�^ '��' � : CA � ? G� :�i . _�._FI� � �� ' LL F- I �.a�.,�y�� .,�`� 1'�v�. LL I- O f:':i`,��..T`� _:i.�s�_�".i—_ . -_��. �sf;'.,� LL � C.J ��'�� Sunrise ,�; . 'r+�,��°� ENERGY VENTURES Solar Energy Conversion Panels The typical solar energy convei•sion panel will be a fixed-angle model, 10 to 12 feet tall and arranged in arrays as illustrated by Figuces ]4 tlu•ougl� 17. �`� � .�.� �,��•� � ��"'/`•'�'-�''�.�'.�'.�•►�.r�'►..�.�A�''.�''�..f.�l%��!�'�!//�//�'/',/,� , ; ��`�•`,�"�`.�.��. ' ��''.��'�.�i�'� U i s� ��,i,y �� i r ,� � � � ,� sbr� x �� p r 7� �� ,��1� •-� ' ��----��i��t��,�l��d :��,� �� r�� _ - �" ` � ._'' _ _ ,,. ,.�.�..�iws�'�t��F��'k�M-� ,X�-- .,�.a;'�ai��'�� . _.' "_ . _ _ ... .__. . ,. . . . . .,. _. � _ _ , _- � � Figure 14: Typical Fixed-Angle Solar Arrays ' �°.:-. :��.3ur"'?�',tt':i;��y�l. �.,s`�,z_--��•: -_._r,_r�- .-- ..-- .,- f�• r'�.;' � ...�.._,. _ � :a.�x:.�:x�ia��kti__ . � �1�. - - �3=��,':.r• ' ��'� �2k k, r tt�.r'�':� e.j ._'�.,��w�r��,` ��_,�` „ '� ti , ., �� P �� r �.'4�� •�i' L ==�� .f, ��y�y�t '��- � ��, -.�. F"� ,IJ�+" � '.-.�d �Y �� _ _ -_ �y . r;� '( ;,.. ��•1 �o �� r `t�� _ _ ,a"e• s�t r-,.. !� � i- ' , � '7'C.�i.:! .� ��*�� . - - `•�c;�j - .� "'d'.I� .d�sJ'� i - f a � 1� r,,� rk�t ��- . tt�`.J � '"'i �.v2 l ya� :F. .. -... �,� �� . . i , � � ; . �� 7.. . �" . �R y4 �� y �?'�A�� P2c � � ' �. � � � �� '. ' -'r �'G ,��[��..�:� ��fTl t ._.,�.i:}:s'�_. . .. , ._... . .�_ ..._.s... . .� �1. d+l'�r L�•_.�._�4YyiV.� �,T Figure 15: Typical Fixed-Angle Solar Arrays Figure 16: A Sunrise Community Solar Garden in another Community ,��` {I �.'� � �;< - ;t � '�'''yb� � �. �� ' ;� �,�'�� y `•�^+irl �. .._i ..yC. . .. ��. r ��i' I�� , �' 4y�'. . �� ! .. 'r v�f ; � . . ' . ~`� . 1 j,�* ' '.jV.._� 'v�: '}s�►�� .. - v��JWcM."-w'a►. J�... . �.i.:��Y+A,�.j., •�k%-� .1 '...wy.+i� - ' ..� ..dt,�a�-.tr "' •'l'' '- .ia! _r:._GY�.'_�� _. Y. . J Sr .. � Figure 17: Appearance ofTypical Solar Panel Arrays in a Field Conditional Use Permit Application 11 City of Cottage Grove h�� Sunrise i� �i ��►5 ENERGYVENT(JRES Connection to the Xcel System The proposed community solar garden will connect to the Xcel �nergy gi•id at an existiiig distribution line that i•uns along the northeastei•n side of the i•iglit-of-way of Highway 61 immediately adjacent to the site. The connection to the Xccl grid will occw�at a location that is completely sl�ielded fi�om view of the highway by dense�voods and a natural berm as illush�ated by Figure ]0,above. That connection will consist of five pairs of wooden poles and overhead wires. Xcel Eneigy insists that this"common coupling"be made above ground. However, if the City makes it a condition of CUP approval that the link be undei•gi•ound,we will use that to negotiate with Xcel. Only three wires will run overhead from the common co�apling to tl�e line existing along Highway 61. , . ,-`i��+� �'��>,`� 1 i,.� M �y��:1 ,:, i,, , 1 � !'- , 1 � � ��'�•r�,,.� � � `� ' ;�"�' ��° � i � ( , ' - '�'��`. I I �� ."t i r ��' � � �:`1 �''i�' .iw i i ��:� ,� �, , �� fY� �� , �i , � "�;►.�` I�'� 1 f � . * xJ� � 1 � i 1 1 � "Common Coupling" + 1 �,. , Y%� I Figure 18: Connection of a Typical Community Solar Garden to a Utility Network l Conditional Use Permit Application 1Z City of Cottage Grove �� Sunrise <<: �� ENERGY VENTURES Tree Protection Appi•oximalely l acre of mahir•e trees is proposed to be 1•emoved fi•om this 101-acre site for the project,which will constitute a small percentage oftlie"qualifying ti•ees." Tl�e 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 tr•ecs to be i•emoved is illush�ateci by Figure 12, below. �� _ .�: ului. '� i ,;{., ��! — �r1t9�';r► rr�.-- 1�.�• :_ :�._,�.._�s.�,.rt t--�.�+ . _ 'r':i�yfip" �,•., — — t '"�T'ti, �' �:�'�� ^'�''�� ., , �� '�•,• I '� �� ,��}��•�* f'1 � r i � , 1�� '�:�' #� r'i,;.r�'' : .r�.� . , , �{.•F �� "f �, 10 ' r Y.f � . '. � 1 '.,l � k J'f�I.,��Y.. f i " . I, . � . _ . . . � �.jJ' .. �. � �,/ � .t� � � ��^'�f.:.C'� I "� ' �:��..�.��'��.V. �; (:��-��ir�i::��,:' . �s�� ':�..d'� i�:�t,�. �'.�.i�i -..- . � 7�•u� �� I {�. ��5�''rj, T �' � ��ti�. � I �.� '' , /�'s` �, xW�; �' ' { � � �a� � ��'�o j IC� . . � � � I (: f� �� A,;t� ��a ��1 ��f�<<�'P � � `'_ �y ,+��'�i �°t �� r� ��'��,i -�� la ,�� . � , ��s'4 ��k+ * `r � �t�,' f � :�;��i �'� � t� ,»� , �i �. fl ^ ��,, y �4 - � �`rf�Y� .. �i�'j� � �' � �f'�. �; � f� R 'f s �` � `Y r�'•"' I �I � ��'� �4`�� t �_� if �� :.��,�4�� 'F r` , � , , �� .... � I �e�,��,' '�+ ;�s� 1l�ll�t�3�( '�j�j.�j � lr �„.,� � ' �' ,M�'��, �, 11� �4 • , , � .� � � �`�� I �z i � g v,t� � � + f•:I .�.,�' ; � �, t ; � ! �`:� �\I �`• ��' • ;'�1 . ' ' T•'.1 i ` � � 1 � Y f , :, s;�.�: ` < �- ".1 �3 U �..1 iu_(•�.1. � ' yy� �/� ..�, .}:!I' N�� y�'� �F...•1� .��. ��f��..� �.\ 4;'�A '� '( "'. A i' .� I �ss i� �' , � i F F1f.��:t°, � � . I t �� '�* �•�*1'I � ��,r.�t;� �� 1 �, +' '` \ '> f ��'. }R'q �• � I i. ��,�L�,;��,'��`;. �' ' � �:�4`�, Figure 35: M'itwi.f 4 .+l,,,y.�-� _� �� -,r..+r4�E .�}IE1�,� €-.--- , ,�;w�,��-�,$«ir�s�,.;, '�' " ,�,; ,��'�: �� Tree Removal Area — �.t�ast�iti_' .,�'i��'iF,_,:��05 Perimeter Fence A restricted-access galvailized chain-link perimeter fence will be installed for safety and security. The fence will be 6 feet tall,topped with three strands of bai•bed wire and include opaque slats. The fcnce aligrvnent is illustrated 6y Figure 6, Site Plan. The fence will only encom��ass the facility and will be located toward the interior of the site i•elative to existing pecimeter trees and sheubs in order to maintain that vegetation and obscure the view of the fence. On tl�e southet7i property line, Sum�ise will attempt to coocdinate 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 wi116e within tlie height and size limits of City Code 9-8,Signs. Conditional Use PermitApplication �.3 City of Cottage Grove �'�-.��t+-!1�- �e�1r.� 4'l��I;x ,,�.�.�•�''�"��•�,�fT�;�'�i;�r ..�rt�:��,.c��:•,, ..,�C��,�,�P•,�:,�.��,-�+i1`� ' , . t 1'•1 `. y"�'�•`4�J� ':7r";:. -� . .i .,� �, `, y � ��(.•�`'.��1 i�,y�, .��' �1 . �� R i �I� '�� . --.-_ ��;� * . __ _ ��"�� .� f n,y �I . . I� •', + " ' t� . ��'1 I- �� --- . � �� ,5�'��:��'}� .. '. �.-;�1� "�ll'�=°fi�I��(�' I! <<��d6�l��_r: -�,- `�' �i+l I � �� .tf. �)I � ♦ ., t. . � �' . �• ..�.` ' -'i . . � ��r' ��_ ; . �'.�k•.. � - I� r �. `'• -a ,, y� .r �,. ,� �� !��- ',�. �``�� ' - �� '� �� - -- _ _ --_-_ �'''`' � .,. 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( , ''H. �� , •' �4s 1 • ,l � •� '` •�� f �'� A . . ---'-_�ffi-�-'.•a`"'-s�--T°�'��- ., . ,'��l'�� 'S�IA ti •�. .�: �� .I�� Z� 'i�` �� 1,. � — I `� �. .� ..� .� , t `f ~i ` Y �'�.rt � �f wC"T^xs"�9;F�'��. t '�,��. �, � '� If�` �� , ; �.' .1 '; +,.� �" _°��',._�` ��_`'�..a"rr'1 +.' � : � ,�•: , � `'�- r i � *�r`` r I�i7i}� ' I , '=. �. —� "'r�r-..t� �.'.��Ij_j�; -�} . r- -..:}c 1-��S.'-- -� :t.f �- i 1� ` '... e �, !r i''r'•' 4t .� �'�!, � ': 1 i� 1 Ir ' ��q.��,�� ', Y� M �r• ` r�. .s,�� j,,�'i"�!��i; t.°� -.` ^•r� . •��t.'�t�� y',�.%�', e i�;•.�: _ , _��, •_ '�.t r�i)� �� Sunrise ,,; . �� ENERGY VENTURES Response to Ordinance Criteria In orciei• to aid in t}�e i-eview process, please give a DETAILED Y•esponse to the following ordinance criteria ol� tl�is form or on separate exhibits. Your ability to tneet the criteria is what the Planning Commission/City Council is required, in part,to base dleir review, so be specific. A. Will the use be in conformity with the City's Coml�rehensive Plan and Svith the purpose,intent,and applicable sfaudards af the Zoning Ordinance? Explain. Yes, assuming that Title I 1, Chapter 4, Special Zoning Provisions, Solar Collection Systems,of the Zoning Code has been anlended to iuclude the subject�arcel{s)in the Solar Collection System Areas. An application foe that amendment has been submitted. The site is presently adjacent to but outside oPa Solar Collection System Area. It is also in a Transition Area, but since it is far from eaisting sewer and water lines, development is not expected until fai•in tl�e future. The following elements promote conformance with the Camprehensive Plan and Zoning Ordinance: ■ The site is mot•e than 5 acres in size. ■ 'I'he site is planned Rural Residential. See the section,Compi•ehensive Plan, above. ■ The site is located two miles from the Metropolitan Uj•ban Service Area, zoned AG-1 anci planned A�eicultui•e. A comnnmity 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 agrieulture because of the small size and odd configuration af its fields. Please refer to the section,Vegetation, above. ■ The coinnninity solar garden will be the Principal Use on the site. ■ The solar collectors will meet or exceed the setbaek for a Principal Use. • The solar collectoi•s will be 10 to 12 feet tall, will meet all electrical standards and will have all necessary cei�tifications. Please refer to the section, Solar Enei•gy Conversion Panels, above. ■ The solar collectors could be removed in as little as 25 years, as the contract for power purchase by Xcel Eiiergy will expire at that tinle. The entire site would then be available for ucban development, although it seems doubtfi�l that development will reach this location by then. Plcase refer ro the section, De- Commissioning, below. ■ Generating electricity for local use ttu�ough an inexhaustible,non-polluting source,the sun, is consistent with t11e City's stated objectives for sustainability. B. The use shall be located,designecl, maintained and operated to be compatible with the existing or inte�ided character of that zoning district in�vhich it is located.How does the proposed use fit these criteria? The community solar garden will consist of struchues 10 to 12 feet tall. They will not rnove and will make minimal noise. There will be vie�tually no traffic to or from the site once construction is complete. Existing and plamied perimeter landscaping wil] obscure views fi�om nearby housing. The closest houses are well buffered by trees and shrubs. Please refer to the sections, Visual Compatibility, and Neai•by Land Use, above. Canditional Use Permit Application 14 City of Cottage Grove . ��g�' Sunrise '��,�'+, ENERGYVENTURES C. The use sh��ll nof depreciate values of sw•rowiding property. Gxplain cffects of the proposeci use on s�n•roiu�[ling property values. It is highly unnlikely that tl�e community solar garden will dect•ease nearby propeety valties as they will be barely noticeable because of surrounding vegetation, low height,silent opei•ation and lack of traffic. All nearby houses are set a considerable distance fi�om the site. Distanccs range fi�om 370 (partially obscured)to 970 feet on the easteri�side and 280 feet on the westeri�side(hut tl�at viewed is obscuced by woods). D. The use shall not be hazardoi�s,ciet►•imeotal or disturbiiig to present and potential surrounding land uses due to noises,glare,smolce,dust,odol•, fiimes,water pollutioii vibration,general unsightliness or other nuis��nces. ExE�lain effects of proposed use. The site will be kept neat and clean. The gi•ound cover wi11 be grass,whicl� will be periodically mowed. Solar glare will be reflected upward. SurFace water cunoff will bc]ess than under its present use as a cultivated field. The existing wetland and ci•eek will not be disturbed and eequired buffers will be protected. Please refei•to the section,Visual Compaiibility,above. E. The use shall generatc only minimal veliicular traffic on local sh•eets as defined by the Transportation Element of the Comp►�ehensive Plan. The��se shall not cr•eate traffic congestio��, w�safe access,or parking needs that will cause inconveniences to the adjoining properties. Explain thc transportation needs for the proposed use. There will be virtually no traffic to ttle site once constructiou is coinplete. F. The use shall Uc served adequately by essential public services such as streets,police, fire�rotectim� and utilities.Explain liow the proposed use�vill be served. Demancis on City seivices will be absolutely minimal. No new public streets, sewer lines or water liues will be iieeded. Police and fire pi•otection seivices are not likely to be needed. G. The use shall not create excessive additional requirements at public cost for public facilities and services and sl�all nof be detrimental to the economic welfai•e of the City.Justify this statement. No public investments or expenses will be needed fot�the community solae garden. The solar equipment will be subject to real property taxes and a pt�oduction taY in lieu of persanal propei�ty taxes. H. The use shall preserve ancl 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 oz�the site will be protected and buffered. Soil erosion will be i•educed fi•om present levels. 'I'he existing woods on the site will be preserved. Only minor tree removal will be needed. Please refer to the section, Site Plan, above. l. The use shall cause minimal adverse enviroiunental effects. List a�iy effects. No adverse enviromnental effects will 6e generated. � Conditional Use Permit Application 15 City of Cottage Grove �� ' <<::--:,, Sunr�se �� ENERGY VENTURES -------------------------------------------------------------------------------------------------------------------------------__ J. The use shall uot adversely affect the potential developn�ent of adjace�it vacant land. List�ny potential problems. The comnnmity solar garden will not interfere with the development of nearby properties. Surrounding land is all zoned Ageicuit��eal. There are no collector or arterial roads plaiuied along the perimetet•or tln•ough lhe site. The solar collectors could be removed fi•om the site long before serviced tn•ban development reaches the vicinify. � � Conditional Use Permit Application 16 City of Cottage Grove �� Sunrise ,,� ;: '+�'�� ENERGY VENTURES Construction Site Preparation Constc•uction of the community solar gacden will include stabilizing the construction entrances and eYils and access road and establishing the parking and staging areas for vehicle and equipment storage/laydown and maintenance.'1'he laydown areas will be used for pre- assembly of coinponents and materials storage antl staging. Tl�ese areas will also provide construction worl<er parking. The site access roads will reinain in place for the operational phase of the Project. The extent of grading will be detecinined dueing final design. Grading will t�e minimized to ttie extent�racticable. Typically, grading will consist of s�nall cut and fill areas needed to resha��e slopes to allow For photovoltaic modules to be installed withi��a range of 4 to 7 feet off of the ground when at their zero-degree position for tcackers,whidi is when they are horizontal to the ground. 1'ixed tilt systems would always Ue the same distance from the ground. Their maximtun height when tilted will be 12 feet. Some grading will also be required for struchu•e foundations,but gradin�for access roads will be lin�ited 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 fina] 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. D�icing decommissioiung, the stripped and stockpiled topsoil will be replaced following the de-commissioning plan. General facility grad'u1g will occur in entrance access aceas and pce�aration oftlie 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 sta�ing/lay down areas will be used for storage of construction malei•ials and shipped equipment eontainers,i•eceiving co��structioi�deliveries, and temporary parking for Project related vehic]es. A tempora�y construction office trailei•will be located at the facility duruig construction. PV Equipment Installation l�acility construction is designed for minimal site gradirig. Site grading and dr�ainage will be conducted in accordance with the grading aud di•ainage plan approved by the County and the State. The Project will be constructed�ising pl�otovoltaic(P�modules monnted on single axis trackers on einbedded post foundations. Electrical Power Collection and Distribution System The PV mod�iles will convert s�inlight into direet cui•rent(DC)electt•icity. The PV-generated DC powet•will be collected fi•om each of the �nultiple rows of PV modules tlu•ough one or more combiner boxes aud conveyed to an invei�ter.The inve��ter will convert the DC power to alternating cun•ent(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 coiniected in a daisy-chain configueation and power will be delivered to the onsite main distribution switchgear fi-om separate 34.51<V circuits. This switchgear acts as the prima�y Conditional Use Permit Application 17 City of Cottage Grove ��q.� Sunrise ��7� ENERGY VENTURES intercoi��ection point,after which power is transinitted to the utility-owned grid via overhead power lines. Inverters, Transforme�s and switchgear will be mounted on poured concrete foundations. Roads Access to the Project will be from Higl�way 61 at a driveway sl�ared with existing farm road. Fencing The pi•oject site will be fenced wifl16-foot-tall chain link fencing to secure the facility. Ent�y gates will be provided at several locations. Heavy Equipment Sunrise Develapment estimates that there will be between 15 and 35 la�ge teucks used daily for equipment delive�y during construction, Light duty trucks will also be used on a daily basis for transpo�-�ation of construction workers to and fi•om each facility. Construction equipment such as scrapers,bulldozers,dump trucks,watering trucics, motor graders, vibratoiy compactors,backhoes and tlie follawing will be used during construction: ■ Skid steer loader ■ Vibratoiy post di•iver " Medium duty crane ■ All-terrain forklift ■ Conct•ete truck and boom truck ■ High reach bucket trucic ■ Truck-mounted auger or drill rig. Table 1 Construction Timeline for the Project Day Elapsed Construction Milestones +1 Project approval and construction begins: ■ Installation ofjob facility trailers,temporary restroom facilities " Grading and vegetation clearing where necessary, e Preparation of roadways,staging/lay down yards, ■ Installation of piers and racking(installation possible year round) +60 Foatings in place +90 Primary wiring completed + 120 Control wiring completed +150 Start acceptance testing +180 6eneration operational. Regular NPDES/SWPPP inspection during and after construction. Provide to the City an as-built drawing for the drainage improvements 1 Conditional Use Permit Application 18 City of Cottage Grove �� Sunrise �,: �r'�+� ENERGY VENTURES Solar Equipment Installation The solar energy system(ai•rays, collection and dist�•ibution systems)will be installed along with access roads attei•site pre��aration. The solae•facility will be co�istructed in blocks,and multiple blocks will be constructed simultaneously. The Project will be constructed in approxiinately six months. Elech�ical testing and equipment iuspections will be conducted prior to beginning commercial operations. As portiotls of the Project near completion,tempora�y staging and lay down areas will be vacated, and disturbed areas will bc reseeded and re-vegetated. Once installation is complete, the prifnary staging ai•eas will he reduced in size and tl�e supply structure and assoeiated permanent infi•astcucture will be constructed.All toilet facilities are temporat•y;no permanent i•estroom facilities or septic systems are needed for operation of the Project. After construction,temporarily disturbed areas within the Aroject will be 1•estared to theit•pre- eonstructio»condition. The Yroject facility will be graded to pre-construction grades where possible,and soil will be loosened and seeded with low-�rowing percimial grass and forb species.Once construction is coinplete,the permanent access roads within the Project facility will be repaii•ed and dressed as necessary to ensurc their long-tei7n fiuiction. Grosion control methods dtuing and after construction will depend on the contow�s of the land,as we11 as rec�uirements of relevant permits. Sum•ise anticipates that the post-construetion clean-up and Faeility restoi•ation activities will last appi•oxi�nately rivo to four weaks. � Telecommunication Line and Other Construction A redundant set of telecoinmunication lines will be installed via an overhead utility pole to the facility. This will connect and i��teract with tl�e Xcel's alectrical system, Suiu�ise cooi•dinates with Xcel and/or the local telecommtmications�itility to ar7•ange for a comiection to the existing sysfem. � Canditional Use Permit Application 19 City of Cottage Grove ��.� Sunrise r�j� ENF.RGY VENTURES Operations and Maintenance Tlle expected seivice life of the proposed facility is 25 to 30 years,and Sunrise estimates that the Project will result in one to two FTE perillanent positions to operate and tnaintain this Project along with ot}�er projects owned by Suru•ise in the acea. A maintenauce plan will be created for ti}e Project to ensure ongoing performance, including a scl�eduled cl�ecic of the facility's components and a predictive maintenance approadi for the devices subjected to derating/degrada[ion. Derating/degradation i•efei•to the known process of components losing cfficiency over ihe expected usefi�l life. Like all technology and physical components, a certain amount, somelimes 20 percent, of this efFiciency loss is unavoidable ovee the espected component life. Sunrise will plan fot•and maintain tl�e facility to ensure the maximum performance over the expected life of the cotnponents. Once construction is complete, staff wil]be present on a daily basis,with potentially more perso�uiel at the faciliiy at intervals associated witl�the maintenance . All maintenance activities will be performed by qualified personnel during the day to the extent that they do not sigiufieantly disrupt energy production.Activities that have the potential for substautial noise generation will be performed during the day ta mu-►imize impacts to residents. It may be desirable to perform ce��tain inaintenance functions after sunset to minimize loss ofpower pi•oduction. If a particular PV module,tracker row or tracicer block within the comunmity solar garden needs repairing,only that particulae 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 combinec box circuit closed. Because of tha modulac 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 feom the tracki�ig eireuits. This allows the PV modules ta operate duruig an unscheduled outage of the tracker system. A resecve of spare parts,components and tools for maintenance will be kept at a supply struchue. Equipment Inspection Equipment inspection will occur at regular intervals, iiicl��ding: ■ PV madules:visual check of the PV inodules,tracking system and surrounding grounds to verify the integcity of the PV modules and racking sti2icture,or the presence of aniinals and nests,etc.; ■ Iiivertel•s,transformer ai�d electrical panels:visual check of the deviees ineluding the connection equipment and the grouiiding network. ■ Check foi•presence of water and dust; ■ Electrical check:measurement of the insulation level and dispersion. ■ Check of the main switches and safety devices(fiises); ■ Noise:check of abnormal sounds; ■ Cabling and wiring:visual check of electrical lines(where visible)and connection box to vecify its status. Conditional Use Permit Application 20 City of Cottage Grove �� Sunrise �,; . �� ENERGY VENTURES Performance Monitoring Performance monitoring will consist of a real-timc and continuous assimilation of the data acquired by the facility meteorological station,energy meter aiid SCADA system. Operators and or maintenance personnel will be immediately notified of abnormalities so timely corrective action such as repair or replacement on: modules,racicing,the collection system, and etc.,can occur. Facility Maintenance Routine maintenance of the Project will include road�naiiltenance,fence and gate inspection, and lighting sysiem checks. Module washing is not Ileeded on a scheduled basis. Rain lceeps thc modulcs sufficiently cleau and tlle site is vegetated to keep dust down so that washing � modules would occur uifrequently and only as determined by maintenance technicians. Snow and ice removal is not needed.The tracicers and modules are designed to shed rain, snow and ice. Vegetation mainte»ance wil] incJude scheduled mowii�g and spot spraying weeds using registered herbicides. Maintenance Frequency The electrical and mechanical components of the commtulity solar garden would be checked on a regular basis to ensure safety and reliability. The maintenance schedule would range from weelcly to ycarly depending on the component. I Conditional Use Permit Application 21 City of Cottage Grove �� Sunrise ��y�� ENERGYVENTURES De-Cornmissioning, Restoration and Repowering At the cnd of commercial oper•ation, Sum�ise 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 yea�s, as shown in Table , would include removing the arrays, inverters,transformei•s, above-ground portions of the electrical collection system,fencing, lighting, and supply structure fi•om the Project. Standard decornmissioning and restoratiot�practices will be used, including dismantling ai�d repurposing,salvaging, eecycling or disposing ofthe solar energy improveinents,and �•estoration. Land returned to ageicultural production will be reclaimed to restore topsoil that n�ay have been sci�ped and stockpiled fi�om areas that are desig��ated in the fu�al design plan. Table 2 De-Commissioning Plan Summary Phase Facility Timeline Decommissioning is estimated to tal<e 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(sJ 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 belaw. Project photovoltaic PV modules will be inspected for physical Components Modules damage, tested for functionality,and removed from racking. Functioning PV modules will be pacl<ed 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. Racl<ing, Poles Racicing, 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 cut bacl<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 similarto 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 bacl<-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-worl<ed to cover exposed subsoils. Project Components The activities involved in the facility clostn�e would depend on the expected fiihu•e use of the site. Ce�rtain facility equipment and featuees such as transmission facilities, roads,and drainage features, may be left in place for future uses. The future use will be determined at the point that decommissionu�g is determined to be ui order. '1'he key Project conlponents to be affected by decommissioning activities are discussed below. Tl�e general decommissioning approach would be the same whether a po►-tion of the Project or the entire Project would be decommissioned. Conditional Use Permit Application 23 City of Cottage Grove �� Sunrise ��"►Y ENERGY VENTURES Decommissioning Preparation The first step in the decom�nissioi�ing pi•ocess would be to assess existing site conditions and prepare the site for demolition, access roads, fencing, electrical powet•, and olher facilities will tempoi•arily t•emain in place foe usc by the decommissioning worlceis unti] no ]onger needecl. Demolition debi•is will be placed in tetnpoi•ary onsite storage area(s) pending tinal teansportation and disposal and/or recycling according to the procedures listed below. Permits and Approvals Dependiug on the regulatory requirements at the time of decommissioning, permits or approvals may be required foc•the decoinmissioning activities.The project will not impact waters of the United States oi•Tlv�eatened oi•Endangered species,so no fedei•al approvals are expected. Ap��i•opriate applications for approvals would be submitted and approves issued��rior to decommissioning activities. Erosion Control Pi�ior to com�nei�cement of decommissioning activities, erosion contt�ol meas�n�es would be implemented.T11e type and extef�t of these measures would be dictated by the regulatoiy re�uirements at the time of decommissioning. Health and Safety A Health and Safety Plan will be developed prior to decommissioning activities. The plan will be designed to ensure worker•and public safety during deconunissioning. A Health and Saf'ety Manager will be assigned to the deconnnissioning 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 rnodule supports will be removed. Below ground portions of the PV mociule suppoi•ts will be i•einoved entirely where practical. Those suppoi•ts that a��e more firmly anchored(e.g., such as embedded in bedrock)may be cut off below grade,and the remaining su��port lei�in�lace. This will avoid iu�pact of undergroutld enuipn�ent on fiih�re 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 bei�ig used. The debris and equipment will be processed for tl•anspo��tation ai�d 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 equipinent, includ'u�g combiner bo�es,iirverters,transformers, and switchgear, will be de-energized and disrnantled and removed. AC power equipment can be de-energized Conditional Use Permit Application 24 City of Cottage Grove ��' Sunrise +��j�� ENERGY VENTURES by the utility at point of intet•cotviection and safely c•emoved,and DC power cau be de- energized by flrst operating the combiner box disconnects and then unplugging module leads. The cast-i�i-place concrete foundations will be broken up,removed and recycled.The undei•ground disti•ibution cables and raceways will be cut below gi•ade��nd will remain in place. Roads Onsite i•oads will cemain iil place to accomplish decommissioning at the end af tl�e Pi•oject's life. At ihe time of decommissioning, if the City of Cottage Grove detei•mines that some of thesc roads will be beneficial for futui•e use ofthe site; those roads may i•emain after decommissioning. Roads lhat will not be used will be restored. If there are any gravel roads or parlcing ai•eas,the gravel would be removed and shipped to an ap�ropi•iate disposal sitc.The area of the roads will be gcaded,consistent with existing land contours. Fencing Project site pei•imeter fencin�will be removed at the end of the decommissioning project.to rettu•n the site to pre-project condition. Site Restoration Once removal of all Project equipment is complete, any excavated areas fi•om 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 futu�•e use of the site. Ce��tain facility equipment tnay be used in the firture, such as the t�•ansn�ission facilities and roads. Therefore, the aetual extent of site closure activities would be determined at the time of the closure. Project Decommissioning Costs and Bonding For the p�upose of bonding, an estimate of the cost of decommissioning the Project will be �resented to the City. Funding mechanisms to cover the estimated cost of implementing this Decammissioning Plan shall be secured in the form of a corporate guarantee. Every ten years, over the life of the Project,an �ipdated estimate of decommissioning costs will prepared by Sunrise to adjust for inflation. Decommissioning Schedule Deconunissionivg activities will be completed prior to expicatio��of the life of the community solar gacden. � Conditional Use Permit App�ication 25 City of Cottage Grove �� Sunrise �,,. ��7� ENERGYVENTURES Noise Emissions Noise Emitted by the Project Dtu�ing Project constt•uction,iloise will be emitted by the construction vehicles and equipment, includi�lg vibrato�y pile di•iveis foi•installation of piers. Tlie equipment noise will in the 80 to 90s dBA range,which will vary based on the type of construclion that is occurruig on a given day. These noise impacts will be temporaiy during the Project construction phase. Since this is a solar photovoltaic facility, operational noise is generated during daylight periods. There will be limited maintenance i�oise after sunset. Dui�ing Project operation,the main soiu�ce of noise will be generated by tl�e clech•ic invertei•s,ai�d to a lessei•extent fi�o�n the transformers and rotation of the fracking system. All electrical equipment will be designed to National Electrical Manufacturer Association(NEMA) Standards. Sunrise plans to use AE 1 OOONX, or equivalent, inverters. These inverters produce 65 dBA of sound at their source. The noise generated fi•om the inverters at 30 feet away will be below the nighttiine residential MPCA noise standards. Inverters are centrally located within the 1 MW-AC CSG;therefore,the noise levels fi�om the Project equipment ace not espected to be discernible fi•om bacicground noise levels at homes sturounding the Project. D�u�ing final design,Sunrise will contirm that MPCA noise standards will be met at sensitive receiver(homes,parks, sctiools busulesses,ete.). Mitigation Measures Noise will be mitigated dui•ing construction by maintainiug engnle mufflers following inauufactures specifications. Sunrise pla�is 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 fi�om a single source and intensity or a coinbination of many frequencies and intensities. Noise is measured in units of decibels (dB}on a logai•ithmic seale. Because human hearing is not equally sensitive to all fi�equencies of sotind,certain fi•equencies are given moi•e weight. The A-weighted scale (dB(A))is used to reflect the selective sensitivity of l�uman l�eari�ig. This scale puts inoi•e weight on the range of fi�equencies that the avecage human ear pet•ceives,and less weight on those that we do not l�eai•as well, such as very high and very low fi•equencies. Cov�mon sound sources within an ageiculhu�al and/or rural environment include,but are not limited to, sound fi�om motorized farm equipment,sound genei•ated fi�om traffic on roadways, sounds from birds,and wind passing through vegetation. Typically,the ambient acoustic environment of a rural or agriculturally-oriented area has equivalent continuous sound levels (Leq),whicll is an energy-Uased time-averaged noise level,ranging feom 30 dB(A)to 60 dB(A). A comparison of co»unon noise-generating sotn•ces is outlined in Table_ Conditional Use Permit Application 26 City of Cottage Grove �� Sunrise ��j�� 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 Rocl<and Roll Concert 110 Pneumatic Chipper 100 Jointer/Planer 90 Chainsaw SO HeavyTrucl<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 11 G07,subd. 2(c). The adopted standat•ds are set fo��th in Minnesota Rttle 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 7:40 AM)hours. The noise standards specify the maYimum allowable noise volumes that may not be exceeded for more than 10 percent of any hour(Ll 0)and 50 percent of any l�our(L50). Household units, inchiding farmhouses,are included in Land Use Classification NAC-]. Table 5 shows the MPCA State Noise Standards. Table 4 State Noise Standards Daytime N ighttime Land Use Classification L10 L50 L10 L5d 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 �1�� 1�.. � Sunrise ��"�� ENERGY VENTiIRES South Washingfon � ' Disfrict 1 ebruary 23, 2016 Mr.Jason Naber, Natural Kesource Specialist Gmmons and Olivier Resotu•ces,Iuc. 65] Hale Avenue Nortl� Oakdale, MN 55128 RE: Cottage Grove Solar Garden Wetland Delineation Report. Dear IVI��.Nabei•: The South Washington Watershed District(SWWD)has reviewed the information provided rega►•ding the existence of wetlands on a parcel located in Cottage Grove,MN (PID 36.027.21.12.0002 and 36.027.21.13.000]). Review included consultation with Technical Evaluation Panel(TEP)members. The information was submitted outside of the growing season as defined in SWWD rule and no official application was made for delineation concurrence. The information 1•eviewed included a desktop review of hydrology, soils,topography and historic aerial photography. The conclusion fi•om this information was tl�at no wetlands existed within the agricult�iral fields. Apparent signatures evidcnt in the historical photo�raphy appear to correspond with the shoulder �osition of steeper slopes. Soils iu these locations also indicates coarse te�ue soils on "B"aud"C"slopes(2-15%) One wetlai�d exists ri•om the NW1 located in the North Central portion of the property. This wetland, and possible wetlands not within the agricullural fields,will need to be fillly delineated aud will need to be verified by the TEP in the field. Please submit tlle complete delineation repoi�t and application to the SWWD after the start of the growuig seasov,May 1, 2016. lil addition a Public Waters Watcrcourse exists on the site and will need to be investigated and potentially pci•initted for wetlands. Based on review of the above infot•mation the SWWD agrees that no apparent wetlands exist within the agricultural fields. This will need to be verired in the field by tl�e TEP duriilg the growing season. This letter should not be deemed a concurrence of delineation or a wetland permit granted by the SWWD. 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,Nahu�al Rcsource Specialist Cottage Grove Solar Garden Wetland Delineation Report. 1�ebruaey 23,2016 Attached is a color infi�ared red photo of the site. lf you have any c�uestions or need additional information please contact me at 651-714-3729 or mmoore�r ci.woodbury.nv�.us. Sincerely, So�rth Washington Watei�shed Distc•ict �✓t Matt Moore SWWD Administrator c: SWWD Board of Managers Mr. Jack Clinton,Jack W.Clinton,P.A. Mc. Jed Chesnut, Washington Conservation Dish•ict Conditional Use PermitApplication 29 City of Cottage Grove ( "S�m��aA'`' Stormwater Management Plan Narrative For Community Solar Garden Sunrise Energy Ventures 601 Carlson Parlcway, Suite 1050 Minneto»ka, MN 55305 � Pre�ar•ed By: w a t �, r e c o I o g y communi#y �riginal: '��:�I,�rch XX, 201X � E(7F��:ui Equal U��pnrtunit;r i,fi'In'n�iiiv�i;cl�on L rnr�loyHr Emmons&Olivier Resources,Inc. 651 Hale Ave N Oakdale,MN 55128 T/651.770.8448 F/651.770.2552 wuvw.eorinc.com I. Civil and Site Desi�n Pacica�e The civil and site design pacl:age consists of the following documents: l. Subsurface Soil Analysis prepared by (��irrl�nir�il I i��i��1'lll�' Cl)Ill�lilll� ." 2. Tree Ir�ventory and Classification Information prepared by �� I ree �'�,in��,1n�.�� 3. Civil and Site Design Plan Sheets—�?;�r'��l �t l�,��/r \ 1, -'/�iV� A. Sheet 1 of 8—Esisting Drainage Areas B. Sheet 2 of 8—Proposed Drainage Areas C. Sheet 3 of 8—Grading&Drainage Plan D. Sheet 4 of 8—Crosion& Sediment Contro] Plan E. Sheet 5 of 8—Vegetation Restoration Plan F. Sheet 6 of 8—Engineering Details G. Sheet 7 of 8—Engineering Details I I. Sheet 8 of 8—Stormrvater Pollution Prevention Plan(SW PPP) 4. Watei•Quality Calculations 5. Hydrology a»d Hydraulic Calculations A. Existing Conditions B. Proposed Gonditions 6. Volume Generation Caiculations 7. Storm�,vater Management Plan(Described herein) *Services performed by others and contracted directly with the owner. II. P�•oiect Summary See tlie"Co�iditional Use Perniit Applicatio�i"for a complete summar}�of tlie project. The site of tlie pro�osed community solar g�u•deu is northeast of Higlnvay 61 bet�veen 110�'and l 14`�'street; directly north of the 61 Maruie & Sports business. At this time, all proposeci �ti�ork is intended to take place on private properYy, with no need to request permission for constructing improvements �vitl�in MnDOT Right-of-Way. In additio�i to submitting to the City of Cottage Grove, addition�l revie�v�vill need to be perfoimed by MiiDOT. Tt is anticipated a submitta]�vill be macle to N1nDOT once the project receives City approval. As part of tl�e project, a "Vegetation Restoration Plan" �vill Ue prepared that �vill include specifications for revegetating ti�e eaisting agriculture fields. As part of dte plan, it's a��ticip�ted a specified degree of soil restoration will be requirecl; if this tecluiique is necessary it shall be aecomplished by completing decompaction consisting of deep ripping of soils to a deptli of 18-inches per the standards of Sonth Waslivigton Watershed District, and tiie addition of MnDOT Grade 2 (or 1) compost shall Ue incorpa-ated into the top 6" of soil to assist �vith reducing runoff. Additional project requu-ements include rneetuig stormwater management rules for flle City, SWWD,and MnDOT sl�all be adhered to.The dr�n�age area inclnded in the project is approximately `;��:`: :��r�•,,which includes approximatel,y `��! �� ;��.�r��; that drains from parcels located offsite and to d�e east.Typical Stormt��ater Management (Best Muiagement Pi•actices}BNIPs shall include,but not be limited to the follo�ving: vegetatioil&soi]restoration as referenced above,vegetated swales or ditches,bioretention Uasins,1nd standard stornnvater management ponds. III. Land Cover Tvne Existing l�nd cover for offsite drainage lreas consists of agriculhiral ro�v crops. And, existing 11nd cover for onsite drainage consists of building roofs,gravel driveway &storage areas, turf la�vn areas, �voods�vith sparse understory vegetation,and woods&grass combination. Emmons&Olivier Resources,Inc. 651 Hale Ave N, Oakdale, MN 55128 T/651.770.8448 F!651.770.2552 www.eorinc.com IV. Site Specific Soils Soils consist of a combination of non-hydrie and hydric (primarily in low areas), and shall be investigated firther tlu•ough a subsurface investigation survey. V. Cul•ve Numbers For e�isting conditions, it's anticipated the follo�ving pe�vious and impervious cuive number(CN) valiies selected for HSC B type soil(as described belo��v)��vill be applicable: Existing Conditions • 50-75%Gr1ss cover,Pair: 69 • Brusl�,Pair: 56 • Gravel Parking: 85 • Ro�v Crops: 78 • Unconnected roofs:98 • Woods/grass combination,Fair:65 Proposed Conditions • SWM,HSG A: 39(Biofiltration Basin) • Brush,Fair: 56 • Gravel Parkiitg: 85 • Meadow�,uon-grazed: 58 {HSG B to account i'or proposed decompaction after grading} • Ro�v Crops: 78 • Unconnected roofs: 98 • Woods/Grass,Fair: 65 VI. Rainfall Data Rainfall event data fi-om NOAA Atlas 14;Type Il, MSE 3 Distribution�vas used to determine the 24 hour raiufall depths fa-the following events: • 1-yearevent: 2.�i4inches . 50-year event: 6.1b inches (for runoff • 2-year event: 2.80 incl�es directed to MnDOT ROW) • 10-year eveut: 4.16 inclles • 100-year event: 7.20 inclies VII. Stormwater Management Best Mana�ement 1'ractices To meet the requirements of the City of Cottage Grove Surface Water Nlanagement Plan, dated August 2008, several Stormwater Management Best Ma��agement Practices(BMPs)will Ue iiuplemented. As described above,BMPs sltall inc]ude the follo��vi�ig: • Typical Stornnvater Management (Best Management Practices) BMPs shall include, bl�t not be limited to the follo�ving: vegetation & soil restoration as referenced �Uove, vegetated swales or ditcl�es, bioretention basins, and standarcl storm�vafer management ponds. • In addirion-Typical Erosioii&Sediment Colitrol BMI's shall i�iclnde,but not be limited to tlie follo�ving: - Rock constniction entrances - Topsoil management - Concrete��lshout areas - Silt fence, filter lo�s,and/or topsoil bei-ms for perimeter control; - Silt fence, filter]o�;s,and/or ripr�p j-hook or ditcli checl:s for surface flo�v control; - Temporary sediinentation ponds�v/skimmer outlet structures; Emmons&Olivier Resources, Inc. 651 Hale Ave N, Oakdale,MN 55128 T/651.770.8448 Ff 651.770.2552 www.eorinc.com - Tempora�.y and permanent seeding and stra��or hydro mulching; - Dust suppression; - Sireet s�veeE�ing Water Quality: To meet the requirenients of Policy 3.2, die BMPs shall remove a muiimum of 80%of total suspe�ided solids (TSS) and 50°/o of total pl�osphorous(TP)prior to i�unoff leaving the site. Pollutant removal percentages shall be determived based on values provided in tl�e Minnesota Stonn�vater Manual a�itl tliose determined by the MIDS Calculator. Pealc Disch�i•ge Runoff Rates: To meet tlie requirements of Policy 2.3, and SWWD Rules,��d M�iDOT Rules,the BMPS shall meet pre-developed or esisting conditions for tl�e rate of stormwater leaving flie site. Stormwater calculations wil] be determined by using H}�droCAD or SWMMM. A comparison of existing and proposed peak runoff rates for flie 1-,2-, 10,50-(Mn/DOT only)>and 100-pear stonn events will Ue made. Comrnon discharge locations tivill be noted. An e�ample table has been provided: Table '..Total Rate of Storimvater Leavin Site(Node `;'�;) Event Existing[efs] Proposed[cfs] Difference [cfs] 1-year 2-year 10-yea�� 50-year 100-year Average Annual Runoff Volume: To meet the rec�uirements of Policy 2.3, and SWWD Rules, the BMI'S shall provide volume control that is equal to or less than tl�e average annual ninoff volume for pre-developed or existing conditions. To demonstrate the proposed conditions meet or reduce the average annual nmoff volume of the pre-developed or esrsting conditions, HyroCAD, SWMM and/or the MIDS calcul�tor w�ill be used. Esample tables v-e provideci liere: Table ':. Volwne of Stormw�ter Generated b Site(Node �`�) Average Annual Runoff Volume Determined by the MIDS Calculator �vent Esisting[at] Proposed [afJ Difference [at] Annual Average (31.4—Inclies) TaUle X.Vollune of Stormwater Managed Uy Site(Node `�\) Average Annual RunofP Volume Determined by the MIDS Calculator Volnme Volume Event Reduction Reduction Differei�ce [afJ Perforniance Acllieved [af] Goal [afJ Annual Average (31.4—Inclies) Emmons&Olivier Resources,Inc. 651 Hale Ave N, Oakdale,MN 55128 T/651.770.8448 F!651.770.2552 www.eorinc.com Peak Elevatioris: To demonstrate proposed sw�ales or ditclies l�ave �deytiate capaciry to �i�aintain floc�v ��id�i�i tlie cross-section, an esample table has bee�i included tl�at sliot��s various swale centcrline elevations ai�d the correspondi�ig high ��vater elevation for tl�e averlge depth at peal<sTorage. Table �. Peal<Elevations for(Node \) S�vale Centerline L?levation [feet] 100-Year Event Average Deptl�at Peak Storage iii S�vale feef Corresponding 100-Year Event Average Water Elevation i�i S�vale[feet] Adjacenf Top ofBenn �lev�tioii [feet] Difference [feet] Flo�v Contained Within S�vale Sincerely, Derek Lasli,PE,CP�SC Civil Engineer NiN License#45156 ( Emmons&Olivier Resources,Inc. 651 Hale Ave N, Oakdale,MN 55128 T/651.770.8448 F/681.770.2552 www.eorinc.com �� •,,,,_,��, Community Development Department Planning Division *� L��y c;rovc �` 12800 Ravine Parkway South Telephone:65�-458-2827 ■=�`'A<.eP,w�+�,ao�°�"'`°"`•'Ttfi� Cottage Grove, MN 55016 Fax: 651-458-2897 �,�. www.cottape-grove.orq E-Mail: planninq(c�cottaqe-qrove.org VARIANCE APPLICATION — RESPONSE TO ORDINANCE CRITERIA r i ne iJianning Commission and Ciiy �ouncii may ��ecommentl a variance trom ie�e strici applicaiion of the zoning orainance, it 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 __ 2. The variance is consistent with fhe camprehensive plan. Please circle; Yes X No �`��'' M�112 -' 2016 3, The proposal puts the property to a reasonable use. Please explain. r.;;, , , , ; �; The variance wouid allow the installation of a community sola��ga�-den (a solar energy conversion facility). The solar an•ays would cross an intelnal property line between two parcels under the same ownez•sliip. The intention is to develop flie two parcels as if they were one. The two parcels will reinain under single ownership by Sum�ise Energy Development, LLC. 4. There are unique circumstances to the property not created by the lanaowner. Nlease identify these circumstances. � The two parcels were divided through metes and bounds descriptions by another land owner rnany 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, Th;s�a,•;?nce is intended to 1ae applie�l t�just thece two pa�•cels. 6. The purpose of the variance is not based exclusively upon a financial hartlship. Please circle: Yes X No � 7. ThP gr�ntinn �f the varianr.P will nat he c_ietrimental to the e�ublic welfare or inJ��rir�us to�ther lanc� nr improvemPnts in 5 the neighborhood in which the parcel of lantl 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 id�nt�iy any potentia4 impact the r�quested variar�ce may ha�a�. There would be no such exteina] effects. . Economic har�ship is not reaarded bv tne �ourts as a reason for apnrovai. Neiahharhooa supnor� or opposition, without any basis of facts, is not regarded by the Courts as reason for either approval or denial. Applicant Name: Case#: l��",`�_ ' -,;r��-��; Sunrrs� � �� _ ��{ ENERGY VENTURES Marcl�25, 2t}1 b Mr..iolixz McCo�J,AICP Coar��znn i1y l�c�clQprnciit Dcp�rtrn�nl c��y o��cat��o c��o�� 1280Q Ra�ine Parlcway Cotlage Grove,MN 55016 Re: Applications for Zoning Text Ame�id�nent, Coiiditioual Use Pet�mit and Variance Ilcar Mr. McCool: � Suiuise Devcl��metzt,LLC,heret�y req��ests that fhe City of Cottage Gro�e�•ant a GO-day exiensian to tlie"60 Day Rule"begiiu�in�«rith the e��cl af the initial GO ciay period,consistcnt with M.S. 15.99, Subd. 3 (�}. -- -�- - �.�; :f;-,�_.,��'i: - 1�_) T�ta»k yo�i. {�li�� ' � ��i Sincerely, Cl'll't��=��ti��;`„;_c:�dOV�' � Dca�i Lcischow Chief Exect�tive Officer 601 Carlson Parkway,Suite 1050, Minnetonka, Minnesata 55305 6�.2-293-99�0 dcan@Sunriseenergyventures.com RECEIVE ��, �?''� " ' �i� ,:.�__ AI'R 1 8 2016 -..:..*�� Sunrlse �r j� ENERGY VENTURES ClTY OF COTTAGE GROVE 5 Megawatt Community Solar Garden A Commercial Temporary Land Use Sunrise will ha�e a cantract with Xcel Lnergy for 25 to 3{l ycars. AfCcr that tiine,ihe solar panels can Ue remo�ect. 5�nn�ise will ag��ee to see[c City pe��mission to contiuue beyond that point. M«nicipal scwei-sez�vicc is iiat capected to be a�ailable to this site before then. Can Accommodate other Commercial De�elopment Short-Term and Longer-Term The snlar panels can be locatcd on thc ccntral f�art��f'ti►c sitc, lea�ing ihe soutliern part open to be split off aiid sold for commercial or residential de�elopine�it. An extension of 114'�'SireeY aa�oss the Inwer}�oi�tian can also he accommodated. After the solar prajcct is rctircd, ihe enlire site wi[I agai�� be ope�i far other t�ses. In ai}y case,to tfie soutlleast along Manning A�cnt�c, thcre is a flat, open 25-acre site better suited for cammercia[ use, paiticularly i�i tl�e absence oi'sewer service. Well Screened fram Highway 61 and Neighboring Properties Along Highway 61, the�-e is a dense growth of trees and shrubs plus a natural berm. Also, the solac��ancls can hc located nortii oi'a seconclary ridge. The facili(ies for co��necting to the Xcel systern will l�e completely hiciden behind dense woo�is, and the link out to the highway can be iinderg�•oand. 'I'fie site is nahirally sereened fe�m i�eigliboa'ing pcoperfics,and Suiu•ise will su��le�nent that�egetatiou witli spruce and fir tE•ees. (Please see the next�age.) En�ironmentally Compatible ,,'�,� �� *� �+ *�'��', . : � �?'� -�e�---- - 'I'here will be minimal grading anci n� im}�aci � •� ^ __ " �; - �,� ,::.�,. to [he we[lauds�r sireams. 1'l�e quality of `�i.:. �F�^= �--.�''� ^ �'* � - �: . r,�: � t�,�: � 'i' sr. , � .�4 surface water ru�ioft will actually be im�raveci. , �.,,-;�;a � "�?;�`+,,�::,� � �,,� � The facility will be silent and �notionless. 1t I ��'�;:�`"�, - ti, ��;;��' ' . � � `�� :1�{t - '-:!!; ��; � � ..L will ��radiicc powcr witliaut any carbon or ' �L� �%'� '."".`� � � �y ti `� ',,',r,� r �,� � � ` � i other cmissions. Only 3 5 to 40 of the l Q 1 �,,�� :,.�� ,� ,_� ._�.,. �`� . �`'� i >k�f� ° °��.: """_� '''S 1�,•. acres ti�ilf he occupied. ;�� sky�r Fl �p•��`��,;�y .'�—�r `y � �:�;_' �- ' , 1 -� � '. .i, r � �' r;" �•:` ;_ -��,� � f .� � Will Pay Property and Production Taxes �� ' ��4y' '� �`'� ��r '}�� '':'� � 'I'he facility will��y�ropci•ly f��and a j t�=��^;w�, t{��`�'�, '� �'�, '� t��i''"s��r,i� t.. :l �'7 � �4�! h c#t..-y� }JI'�{�llCtl(�Il t1X. 4 �� c ��. ��r ' �; j� �� •� ,� � +,f f� •��'r� ��•� t,� � �- �,, � x � ��-�� '` � .f,�° �� '�t�`„�I = , �,�;.. �j � , � .;t�,,, q i�.t' !�� '�' ,� � y�r. .4'!:� .i1 � �J �, �f, '� �M .�l} . ■ �` r.� 1� �' '`��.. � r��` ^^" ' � ,5��'�h� .._ . .T .�.� �'~� sM1R��' 'i�� ,7, r � �, �� .�___, y;,. . - � �� , j.,' ` �� l,t�� I ��{ i ., ,;�.' 'i��r _ . . . r .� ;�� '� �' � •�'� c • 1'• ';y • { 1'-,�`�.,![-;;.�, , p ' !•�' i :4� ,, �t� t �" ;^�s c ,� ; � �7�, !' � k Y�E� .� t+� _ ' }' �'� �py �r +'t .i, � a+ 'brfi%+7f +?1:�,.,�-, �r r,�;�,1 [:'�.Ki�_�� ,. J.'.G�t�_• .� .��.�'��'-Ji -� _ . t. ._. I�i�: � Site �lan sfiowing alternate location for the solar panels �.� .. -- -- . .• ,�1 ' �I ti.+��',� � � _ • t ..f ' ,,�,�� : r� r. : ( � � .F •� �4 � __ ' _ \' � 7` . �.� � '.i�.if�j4 � ' . .`��* : ' ' � ,�� I �� q � � "t ` a-li.; -,I ��- i-1�tr - � � . ;. . � � .f � �, +�.� ° ,, . . � , �� ,�Clalal"; Y',1�u�_ . :+ � � �' � � �� . , I .�� `��,�� . • ,-,� „`, � � � , .�� .�,.t� � i i �' _ - ��.7�y ��~�. . r - t� � t� `I ` ,` �' :' � �t�, �.' ^j1"�� , +�e'�, ' � t.." , �/r , , + �y A 4 I �� -!� ��{.�':} .r'?'•�� k. I � � I� �� .� ��.�� _aS.1 � i �� '♦ � i lN►-'►.�.� '"%.�' t «•. . y� � ,�Z„,,r�s�j��,]S�ry�. �� •!•w�+ff- Y�m6.�:�f�atai .l , �_ e' • ' rw-.nti�, '�� . .. �� .�,+�+��- _� 7t"'�'��i �i . -� ''� M1✓' •� .� I � ..�r,��r"�•� . � v :. , '_ '.? y? ��I \ � �; ppp��sss :�k. ,;�1 '.3�: , ''"�� { •1 1 � � �� . s � � _ a , � i �•�;. , �- 4�� .I.;t `' — � A ��f`• _ 1 r �� '. r � ��' _:�c_W� � f T Visual buffers AP� 1 e 2�16 _ -- ---- — - -- _: -,;,�._ .., , CITY OF COTTAGE GR01/� +>� :i'; ' ,� �`�,�� fY�� J! I�� . 5 ..,. � S � � , , �,e � i . ' +3 i t�. �. - -_;i"'� r . •'' fl '� . r }�,t i�. ,�'� � ` � . �� 3�'I 'r� r �'�'�: y,�; r� rir' i {y ��'��.;��7�tti";a S t ,�+ ��`� !• '.,cv, }';,' ,F� � �� I� r ��,tt��l r�� 'r ,� � j�J�61U�'t�x��l- {��` .o��:1�� V f , 11 y i � ( ��Y� . �r� I � � _ � � _ r c��i �¢ rI � ;`6'� 1 t.�Yh � � s � '. :�i - c `� y-. � t #�, . - '�i r` .I,` I '} .,` , t` �r� i- - � i• �� .'+ � , , '� .��}, ��'.:`" A h 'r A. -x��'' �d t .1 ..,`� .r` �'p k �h � ,{�. -.;y�.4K�,�: r � �. ..) � �� . . . �j: �h ...� ` r u�.. � �,s.{i.��A , - i F s ^�.+� -�`� ' � . . ... _ ,T_ .. :��,��' r `; 'q+i.�?k �,;- �, ',.,y,.,�.,�. ,. q�� • . „c ,"'--� ; ^�- .'*' �,y „f. i . -` �µ'� �',. I• .•.... . -- . . . -. - :- .. "t^ ��t ' .�.r+. :."'i i�' .f � � :< ' r ,;,�.� f �i� �- ��,. '....�y��.,-- �.M�c .. '�+►. � . � _ -`,i', ti�E - .y"'�.-� � r �sC_ �'�� 1'�;R..az �.. � _ . - � 1..�.:1-��`�ic�,+r�' �.7`1-�t�ti..a_. . _ ��..� . ' — �7x .�'?.2� View from McGrath-Fernhalz deck looking southwest. The northern end of the salar arrays would be near th� tafl tree in the center of the phota. �l�rtl ' .�[��• � :r .-I�� ':�j �} }r.1T �-1 � � . � �fl..,'. 4 .i 4-_ _,� ',_ .�D�•� `.` . 1 ., .. �, ". . �i y t!1 S r �'� � �{` lP �:�riF ��(#�°�Y�s j� �,� �� ..� � r /�f i ak � j+�j�r_: � + ,,'�+l .�� 4(�'��t! �'�-1' , �� t� �r '�€. 1L9s;i�i� �r +�, l�i�,F ��;�f`� �' �4 .�k ,a- a,�' � � . � .r� �',� t�" .�"�r¢c � ''� ,�r' •! .A� i � ri+ _..� Y� '�.. -:R �1,� '1 T b 7� � /. �, �.' --S - Y. Y , t n r�l ,y l. ��'�E �.. �7 a:rr � 3.-�.��1 =� k �.� e �: . �� '� ,�C. 1� itF V � ��,'��?:.. '��•".�� 1 r �� f },f� �' . $� j j. ��,` sY�f _ f!..! �� ! 1'a � .,. ...� .. - . . . P F. .{ ,� ! ,7 J �I cY�� q±je-r'i:Ft' �i �kt +r � �.,�'.:r,�.�S Wt�.• r & '�-��--��=_t_"_-"T- Tr—, T—� :�--r� . r 1� � �._,�, _ ,'��,.,�; x.- k �� ' � :� '�1,,,,.� .,'.:- ' 't � f ,. w��.,- _ ; r., ,}�:. . ---_-, „�+,�� -- , . . I.r ; � � �� j .- . . . . . .��,�.�� a 1�1�~�a _ �s, '�'r;' 'i'��:'L="'�Y�.�,�,Y�. .�'�`}r; a 4-r�'�_. ... ..�.}'s�..'..e'7.,.� - .5�� :i "l ,�.i . �--ht._. _. �T..-_-"^P�t�....�. r _ ti�L:i � a„ •t_�..st*s� _ .,.w�__. _. �'{_._ .__,. .�� View fram Highway 61 northwest oF the entrance driveway RECEII/ED ��'� s ANR 1 8 2016 �t� = --�,, SunrlSe J� � • C1TY OF COTTAGE GROVE r�%+. ♦ �,r�. ENERGY VEN'TURES Perimeter Supplementary Planting Plan 33 Balsam Fir trees -- 8 feet ta11— planted 1U feet on-center 2Z White Spruce trees—8 to 12 feet tall — planted 10 feet on-center 21 Balsam Fir trees—6 tv 8 feet tall -- planted 1D feet on-center Pfease see species illustrations on the next page. LEGEIVD ' �.;, V� ., , �� I ,Hr� '. fs -i` ��9 , r. �� SALSAM FIR , � `� E'r� " ` ,�� 4�. ' .n ('_` WHIi'E SPRiJCE , r'�� ;i', ` ' — , ;'.;�; ��L MYERS a . 'll r5 �1 r �� —_ _ :Y,-,�'i.�"'f��'.,;'jl� . . - 't'-' h1� j ' -.'. _ _ . } ' " i � I�y` . . n . -_ 1,•,.•t: `, :1 �.i�� .I 1 I•�' .� �/` ��S � J� i.��j�� Ir'�" y �� : � ,�r� � '�� -',� 4 �� 1�: � .r$ .i ��.�•". n;�-42'�'��Y.- y, . . ' � �:;: ..�-�� 'r, '-•� ^,,y�,t;.. � ��, L��,'. ��i • . . � n,l} rT� -- I �r� �� }��`�; •� ' MCGRA7H_ �-i-� i� 1'' FERNHOLZ .i h �L; � i,'!,�,�.t ,ry�, .. S��• t'� t�� '6i i��j�'Y'j r� �. . .. �. ��5 ' I �� + .�'i R�� ..I. . _ � , ``f� -� � .,� � � ,� ; `��4i ', . ;. � 14�� I . 3�. 1 , �� r � �1` r � ��<l,� • t}'4 kp�� FUTURE SOLAR �+�2:i .� ` � ' ! t ��• � t ,�A �� ''-.� �',�a � GAf2DEN SITE '��Ya;� � � `i�; � ..y � �, �1y'�( � - ' '� -: M j'�'J1, . � `-.,`•.� � t ', . . �� i �.�1 r ` �h�� y ' ��,;., �� d r l i�4 - 1 d - � . . 'i+� � ��5 1 � ' r��`�'f. "j^ . « ff f �h� �; �;r'�t . '��f r�r;�! � + ,�r+ 5�'+ r I^ . R 1 d r F r�� I�}}s �� C; � � �i .' ; � � ti � � 'n f�t t ��' ' ' �.� � � ��F � �` �v`� 'i q, ;"� 1 r �?� -�f yi�,�f g� . - �' t t'� �� . . . . �'+ .3 � r /��Y� . - ��. � y �, � '�, .. { .� t. s I f r`�.rr. (;, .�` . � � � � r f��y� ti i� x! c•-qv ft v . �'• .�r�''� �fG i �a r. . , r� .,�r � • ' 'i`ir ��+ . �i �� „ �'� �t - , . , . . '� ISi��i�� - 5��. ��;�p . . - . • _ .. . . r1 i�.�4 , a, �e � r k ��'. j f - ''} , - • +, f�,��';�d. _ I�L , � . . rt �.ri, ��° � fi� �. „ w . -{ � ;.,' 4.� , � - y�f: �I'. � J ' y�- �� ;�,'��; �,� ►.'4,t�� tr s� ;�� .., . , �p� �-- . , � ,Sl � � __ _ _ - , a ! l i i � f . _ � .. P I l 1 ' . .. ,..._.. . bJ.:C Y�-[Fi . :I! H , � .1 , ��¢' L�J-�"' '{a r��.•. �f �. �y��. . - f' " . ,i ^--� �. �� 1 ',�'r1i j. .��:y,� � a sa .+oo �� ,�,1;��" } � '�i 7 :�. i� ,, •� r i 4�.r. •,' al:.� � r� -�+� � ,a� ° � � � ,J'��# :. :�. �r� v �u�. t ;,+ : R.`' ! RE��!/ED Af'R 1 H 2O16 CITY OF�OTTqGE GROVE . i ,.� sr �� 1' , } f �y� ,f'"l�� V'� _��' � ;� •,_,'` �� ,1�`F:�l .• }-ti��* �. � 'r r � Fwr �9- �^ �,,�, �_ � �-.:2 �c�" r`�' -, ,_4.i' ��, ��!Sk�7 4r r t..a� � /�.Y; �`�%� �y+ r>��' � �4`f iS`� �u�A: i �� ' .fi' 1f�l +\�1�, I�f��7 �f.� ..a �. . � � ��,� � �F�: ..I �,� .. .;Y�� ./ � ' �� k� 'y �i • J YF, .�x{`p� N7i' . y�} ky, ..{. . �� rr'� �i,�•, ._i ��. _'.5r� -'�'!ei-1� ��r ` �^r �T� tit�'`' -�L•�° ,�� s�:-� %i. `r �. i t�} :� . .,�kT.�f��yr ',�.�fPSc.�as l.' , �,�� '-i: i.�}'"� � 1 -.� _ -�] . �'�' } ' �� '��,. ��f �r3i� � r�� e' `.s S ,,�, ¢�+� � � �,;P� S��_}�r ' .rC _ �� . -.,��1�t1�'��.r��w-�l�'� �_`� A��`Y'� � �� i{ �' �`a r:.`- ``�J4�`1 .a.��r � ,� � JR�. '� ^.'S3 � �� }Y�'t-�, �"r`-k I� G j y j .l t . �'F',.,. �� • . _ { i�'r» � p��`� �� ! ��. ` .S Ii,1 ` ,�' ... _ I `��- � :, 1 . F. }�� f �>,, _ � 4-�y�- y .,P -. 1--:.RC�-b.�"' { - „�_; r, _ — ��,: ��u�,}��}�! '�' ,r- .,a�'�' �r 'i �T,��,�#i.' �Y�,, Af_� -�.. �7 � i _'�. _ ?� �� l�44�a J. . ? • .�r '. ..�- {�GS w��,, .a:�„�,y�. 'i'�.'�` .r ,� -.�� 7 .p ` {: �t + r s. !]a� +�fT"�_ y�i � �3➢".-'i_ `rr f_ ._� Y�� .. R� - ' -t ''S - �s�.:�u( L` � y.qg� �.:.,. �i�� 1?.,7- �. '�,,, i�ti< �' -�� r ..��Ii� ?- L"a � �`'.��qi �r.n t'� � `` � 4M°• x��'Y�' L � , iF' - " ..� � ��y �-+k..,, `a j . `'�a. �` E"s ,�`, •r;�4�- �'� 1��y��. y_,,. �:� Y�3t��p�,, f�� 1` � s ��f y�p� •L t '��.` �ti�.�,�� 7.� {�,y'{•S�rr. � .1� -i ;�n} l�i.��- ��T�+'�, . . .. . .i . .._. .. . . .. ..... . -l.�:��...._�_�.1� E��Y.:e'�ifi.�7[-:�it.xt..��atS��L:��i i_—..��►.�a�.-'\7'-. •��. BALSAM �IR � Abies balsamea WHITE SPRUCE � Picea glauca RE��IVED - - From: Diane Bailey �pedersen2bailey@aol.com> A�H 2 1 2016 Sent: Thursday,April 21, 20161:02 PM To: Jahn McCool CITY OF COTfqGE GROVE Subject: Sunrise Energy Ventures I am James Pedersen have lived at 11300 Pt Douglas Rd 41 years and am very supporti�e of the 5alar Garden that will be my new neighbar to the east of ine. The pluses are the beautiful natural screening and a 10 percent energy saving. Also thru the years li�ing here I have seen fl�oding run thr��the valley and over the highway(f�1)as high as the billboards. So the pian�ing to leave the valley as is, is an excellent idea. I believe this is a good start for Cottage Groves clean future energy r�eeds. This email has heen scanned by the Syzaaaz�.tec�mail Security.cloud service. For mare in£ozn�ation please visit http:llwww.symanteccloud.com 1 } - - - - _ -- - - - _ � — l�.� - ^� t`��_ �' "_ -- _ _ _ _ _ � _ � � ' � �MINIMUM 50'SETBACK FROM ' '� �•a�s c''-` ;�f`:I PROPERTYBOUNDARY �_ �°�� _ �:�,�`�+ ,� a,��r�'�'��-JNe - ' _�'►��, �-�. .x = �''"wc`�� ` ,..w�.�.� ,+,�i ;^�^,...,_a - - �'�PV ARRAYS �, '�-'`�` �,;s`�: ��`�,; I I. --�s sw� '� ��- ��,� �c'~� ".�y II ';�' '�f =- MINIMUM 50'S 1��3. �ii �-_� '�' ' r __ " _ � �i�MAPPED STRE -. ,{ {. _ _ �. - � ��• Y �l� � i S .�`'�t ` � �� _ ___ I '� �� S � . . �I �� , � �� F;'` ' . `I� f f'_� . y.�s �_f h i---- r: '� ' 3; _ - - �,t '. � ' .�'�. i MINIMUM 25'SETBACK FROM � ' '�' � �`"�� ``PROPERTY BOUNDARY � ,�"-^ �-,:�s�si.-- .� - -r`,; ¢e _ . � �i Ii = _' - __ ��F� _ _ _ '�`� `! = " _ �` s_ �� f� �,�f � �; �i '�- _ r I I_;Y _ � - i _ � 2 �' �f i� . _ � � �� i: I �II,I - � `� 't �UI .. � , - _ �''- ,' �f�l a -';- PROPOS[D FENCE �� _ �r��'—' �,' �' - _; � � �`.� &�� _l, +��, 'n �. �i _ - . , .— �-. . - - �. - �rr+� i'�-.:�ii.- �ws�R-ti ;'��•�� ', i I _' � �..�[:Ya-:. � � ,If � 16FT WIDE ARRAY ACCESS ' � , �f '�e� �� =�4 SERVICE ROAD _ �^ �,� � _ y_ `�'4 _;' �`�a ��✓`t �� o-, - .�` b �� - - : ` _ . �� '��3 . ' '� r 1,�� •; f t. t . + f �, �♦ , y�� r p��: -.� � . _ . -'1 �_- .. ' UNDERGROUND � �^ 'r .� �� _ - � �INVERTER/TRANSFORMER PAD� , � MV AC WIRING � �� II `�Tk° �' .r'•- �� := j �`�f�..I 1 - II '.� .. . ��3. -- _��.��LL� � - � „ �� . � �,� � (�� .. ==�� , T WIDE UTILITYACCESS��` ':;�' y � j- ��''�� -'� �='w SERVICE ROAD �`� . _ _ ►a�7['""��,--.. �c'�w 1� i r r, �a 's_�� ' .1s �'?� METER&POINTS OF ;K;, ' y,'.-y�� 'y-�`�:�, :,,y� � INTERCONNECTION r w!��:f�°�R� F. Jjl � . :� .�- - - '�� ' � ,r ;+��;_ �_: .T.- .:�.. � ```-'"* I�' ��+-�� F3«-" ` — -�r; , ,� - . :FROM��_ " �- ' _'� VDARY� �'_` ' `� � • ' �j� ii .�, �_ 1r � R� w !� I �� ` � I � ti��; . ��`'�.. � . ti ii � _ _ 4 � �� _ _ . � . � . . . s . � � , � � . . . , v - _ ,, i . e . _. •_-_ � , ,��, - - �, s �� _; . , — . - � - .r ;. , -�,`\ \ � ... � -. �'r' � ��' ' � � # •;�� __ �.� : , � .. � aI �''. MINIMUM 100'SETBACK FROM ; _ � � r_ PROPERTY BOUNDARY , �� s�', � r-� .4E �. �,�ii p.{�',.� . �_.-?. f';(. • ' � EXCERPT FROM APPROVED MINUTES OF THE MARCH 28, 2016, PLANNING COMMISSION MEETING 6.8 Sunrise Solar Garden — Cases ZA2016-027, CUP2016-028, V2016-029 Sunrise Development, LLC applied for 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 on property at 11576 Point Douglas Road South; a conditional use permit to allow a community solar garden on 101 acres of land at 11576 Point Douglas Road South; and a variance to the setback requirements along an internal property line between two parcels under the same ownership. McCool reported that the applicant submitted a letter requesting a 60-day continuance of their applications; however, the public hearing will be opened this evening to accommodate those who are in attendance to speak on these applications. McCool summarized the staff report and requested that the public hearing be continued to the April 25, 2016, Planning Commission meeting. Graff asked if the City identified any sight line issues for the panels proposed to be close to Highway 61, if the panels could be seen from Highway 61, and issues with glare onto the highway. McCool responded that travelers on Highway 61 will be able to see some of the solar panels in the distance, but there should not be any glare issues. Graf asked if that area is in the MUSA. McCool answered no. Haagsman asked what the vision is for the Highway 61 corridor. McCool stated that the City is initiating an update to the City's Comprehensive Plan. The current comp plan does not identify this property for any commercial use but as part of that plan update over the next two years, the city will take a look at the land use designations for that corridor, which is one of the reasons that staff recommended denial of the applications. Rasmussen stated that the site plan shows that the proposed fence and solar garden would be more than 100 feet from Highway 61, and if the southern portion were moved to the north, there would be 400 to 500 feet between the freeway and the solar panels, which should allow for any future development of utilities. McCool agreed that if the southern portion was relocated, it probably is 400 feet away from the Highway 61 corridor. William Weber, Weber Community Planning, representing Sunrise Development, stated that they would like to introduce the proposal tonight and then come back in April for the Commission's decision. They recognize that the area is outside the solar collection area but believe it is a very good site for a community solar garden for several reasons. A community solar garden is an interim commercial use with a life span of about 25 to 30 years. Sunrise would be willing to have a condition of approval that they would have to come back to the City when the lease with Xcel expires if they decide to continue the project. In the meantime, they could keep the southern part of the site open so it could be split off and sold to another party for other developments. This site is not likely to undergo sewer development for several decades, and this would be a good interim use prior to future residential or commercial development. This property is almost two miles from the edge of the MUSA, it is Excerpt from Approved Planning Commission Minutes Sunrise Solar Garden —Cases ZA2016-027, CUP2016-028, V2016-029 March 28, 2016 Page2of3 in utility staging area 5, it is not under imminent development pressure, and it is guided rural residential and zoned agricultural. If the City wishes to keep the Highway 61 frontage open for retail or commercial development and extend 114th Street, they could accommodate that. They can move some or all of the collectors southeast of the farm buildings to the north end of the property. Weber stated that the site is well hidden from Highway 61. He pointed out on the site map a natural berm with trees and shrubs on it along the Highway 61 frontage that encompasses almost the full width of the site. There are trees around the perimeter of the site. Where there are gaps in those perimeter trees, especially in the northeast area, they will plant some larger conifers to screen those views. There is a wooded area on the western part of the site, which will be untouched. The houses along Manning Avenue will not be able to see the site due to the large number of trees and shrubs. Weber reported that they held a neighborhood meeting and the neighbors seemed to support and accept this proposal based upon promises for screening. He displayed photos of the site taken from several neighboring residential sites. He stated that Sunrise can accommodate interim and long-term development on the site and the extension of 114th Street across the southern portion of the site. He noted that there are other areas better suited for commercial development. Weber stated that the project would pay property taxes and production tax. Xcel customers can subscribe to this community solar garden and have part of the power assigned to their use, which would reduce their electricity bill. Sunrise would be willing to give first priority to Cottage Grove residents. He stated that this project over its lifetime would provide clean power with no carbon emissions. This is likely to be the last five megawatt project in Cottage Grove. The deadline for applying to Xcel for permission to build these projects was last September. In addition, there are two substations in Cottage Grove that the power would go to and with the three other projects that were approved, the capacity of those substations would probably be exhausted and could not take any more power. Weber stated that they met with the property owners and will continue to work with them to do whatever it takes to mitigate views. He then addressed the issue of solar glare. They don't believe that will be a problem because there is fixed screening along Highway 61, the topography on the site includes a berm and a secondary natural ridge, the setback of the panels, and that solar glare tends to go upward. They do recognize that this property is outside the area where solar gardens are allowed but they think it is a suitable, sensible interim commercial development that can accommodate short-term and longer-term development for other uses. Weber asked that the Planning Commission hold off on their decision so Sunrise can come back to the April meeting to discuss this further with staff and neighbors. Graff opened the public hearing. Louise Smallidge, 10992 Point Douglas Drive, stated that they own a farm close to this pro- posed community solar garden. She appreciated that the company held a neighborhood meeting. At that meeting they told the neighbors how to subscribe to their service. It was her understanding that there is no charge to sign on to the project if you have a residential electric service from Xcel Energy. She asked if their seven electrical meters would all be eligible and if there is a fee. Dean Leischow, President of Sunrise Energy, 2995 Deer Run Trail, Orono, MN, responded that there are numerous other developers and most of them only provide subscriptions to large commercial or industrial facilities. Sunrise's entire focus is Excerpt from Approved Planning Commission Minutes Sunrise Solar Garden —Cases ZA2016-027, CUP2016-028, V2016-029 March 28, 2016 Page3of3 the residential marketplace. Their partner and investor, Solar City, is the largest residential solar provider in the world. He explained how their process works. Subscribers do not own any of the facilities; they simply subscribe to the facility for a period of time. There is no fee. There was a question about how long someone would have to subscribe. Leischow responded that they are still working out the details but it will be for at least a couple years minimum. Jim Pederson, 11300 Point Douglas Road, stated that he does not believe that most people would see the solar garden from Highway 61. He does not think that there will be commercial development on that property due to the topography and flooding risks. He stated that this is an ideal location for this use due to the screening. The company will add more screening for the neighboring properties. He asked that the Commission approve the application. Gene Smallidge, 10992 Point Douglas Drive, stated that this is probably the most ideal site for a community solar garden because of natural screening. Even though it is not in the original zone set up for solar farms, it is adjacent to it. The property is totally screened on most sides. There was a little concern at the neighborhood meeting that some of the people near Manning Avenue might be able to see the panels, but additional screening should mitigate that. He owns property to both the west and the north of this 100-acre site and supports development of this solar farm. He believes it would be one of the best interim uses for this property and asked that the Commission approve the applications. John Myers, 10990 Manning Avenue South, displayed views from his accessory dwelling and back deck. He stated that what someone does with their property within normal use should be supported by the City. They have the right to develop their property as long as it does not create a hazard for anyone else. He commented on the potential for keeping the frontage road for potential future development based on the review of the comprehensive plan. He does not believe that the area will be developed any time soon. He stated that they should be allowed to have the solar panels closer to Highway 61 rather than moving them to the north where it will impact residents more. He believe this is probably one of the better land uses for that property as it is well screened with a hilly terrain, which makes the area not suited for commercial development. No one e/se spoke. Graff asked if the Planning Commission should continue the public hearing or could action be taken on the applications. McCool stated that other property owners in the area were informed that the hearing would be continued at the April 25 Planning Commission meeting and that the applicant has requested that the Commission not take action at tonight's meeting. Awad made a motion to continue the public hearing to the April 25, 2016, Planning Commission meeting. Haagsman seconded. Motion passed unanimously(7-to-0 vote). EXCERPT FROM APPROVED MINUTES OF THE APRIL 25, 2016, PLANNING COMMISSION MEETING 6.4 Sunrise Solar Garden — Cases ZA2016-027, CUP2016-028, V2016-029 Sunrise Development, LLC applied for 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 on property at 11576 Point Douglas Road South; a conditional use permit to allow a community solar garden on 101 acres of land at 11576 Point Douglas Road South; and a variance to the setback requirements along an internal property line between two parcels under the same ownership. (Public hearing continued from the March 28, 2016, Planning Commission meeting.) McCool summarized the staff report supplement dated April 23, 2016 and recommended denial of the zoning ordinance amendment, variance and conditional use permit applications based on the findings in the staff report. Bill Weber, Sunrise Energy Development, stated that they recognize that their proposed site is outside the solar zone, but noted that the property is adjacent to the zone. They believe they have a reasonable application and can accommodate all of the comprehensive planning interests and aesthetic interests of the City. He explained that this is a temporary commercial land use. Sunrise would have a contract with Xcel Energy for 25 years; after that point, the solar collectors can be removed. Short-term commercial development could be accommodated through their site plan as the southern portion of the site can be kept open for short-term unsewered commercial development, as the solar collectors could be moved to the north. Likewise, the extension of 114th Street across the very southern edge of the property from Manning Avenue can be accommodated as well. The contract with Xcel will expire after 25 years at which point the collectors would be removed to allow for long-term commercial development. It is not likely that city sewer and water would be extended to this site for several decades. The site is two miles from the metropolitan urban service area, it is in sewer service Stage 5 as shown in the City's Comprehensive Plan with a planned rural residential land use and is currently zoned agricultural. By the time sewer gets to the site, the solar collectors would likely be gone. Weber stated that the solar panels would not be visible from Highway 61. He displayed photos of the current conditions, showing how the northern half of the frontage appears currently from the farm access road north. He noted the neighboring property owner on the southern half of the site, 61 Marine & Sports, owns a wedge of land between their site and the highway where they cleared out some trees and underbrush. However, the solar panels will still be well hidden from the highway because there are two large berms. In addition to the berms, Sunrise will supplement the screening with a double row of balsam firs and spruce that are six to eight feet tall. He displayed an illustration showing the proposed locations for the tree plantings. He then explained the additional landscaping they are planning to screen the panels from other neighboring residential properties. He reported that Sunrise met with several of the neighboring property owners last week and they are supportive of the plan. Weber stated that while Sunrise would be willing to keep the south end of the property open for commercial development, they don't believe that area is a very good commercial site. Likewise, extending 114th Street across their site would be environmentally harmful, costly, Excerpt from Approved Planning Commission Minutes Sunrise Solar Garden —Cases ZA2016-027, CUP2016-028, V2016-029 April 25, 2016 Page 2 of 6 and require the landowner's cooperation. This 25-year temporary commercial development would preserve other options for the long-term future without any city expense. The project would pay property taxes of about $20,000 per year and a production tax of about $10,000 per year. Sunrise would give first priority to the residents of Cottage Grove to subscribe to the project, which will provide about a 10 percent reduction in their electricity bills. Weber then noted that this will probably be the last application for a five megawatt community solar garden in Cottage Grove, because all applications had to be filed with Xcel last September. In addition, the two substations in Cottage Grove will probably not have capacity after this project, so any other solar applications in the City probably will be of the one megawatt variety, which can be accommodated on six to eight acres. He then stated that the vast majority of the acreage where solar gardens are allowed by the City's ordinance are not well suited for solar power development for either technical reasons or property ownership reasons. He stated that this project will provide clean electrical power for its lifetime without any carbon or other emissions, noise, or movement. They have letters of support from 31 Cottage Grove residents, including the active support of neighbors constituting more than 50 percent of the perimeter of the site. Sunrise believes this a reasonable proposal that accommodates all of the City's comprehensive planning and aesthetic interests, and has the support of the neighbors. He asked the Commission to recommend approval of the zoning amendment, conditional use permit, and variance. Rasmussen asked why they aren't relocating the southernmost section to the north. Weber responded out of consideration to the neighbors. He stated that if the Commission wants to make a condition of approval that they move the solar panels to the north, they would do so. Graf asked if the applicant is amenable to the decommission condition in 25 years. Weber stated that a condition of approval could be that Sunrise come back to the City after 25 years when the Xcel contract has expired and get the City's permission to continue beyond that point or the site could be decommissioned and removed. Graf then asked if they would be willing to post bond funds for that. Weber responded yes. Brittain opened the public hearing. Jim Pederson, 11300 Point Douglas Road, stated that he is the immediate neighbor to the west of the property. He believes that the solar panels would be good neighbors, taking into consideration the screening. He does not believe the property would be conducive to commercial development as only half of it abuts Highway 61 and the area that does is not buildable due to potential flooding issues. As far as seeing the solar panels from Highway 61, pontoons on the neighboring property are visible from the highway. He believes that this would be good for Cottage Grove and would recommend that the Planning Commission approve the applications. John Myers, 10990 Manning Avenue South, stated that his property is to the northeast of the proposed solar garden. He is opposed to moving the array from the southern portion of the property to the north where it would be closer to his property. Moving the panels to the north would also move the panels farther from the electric lines that serve the site and the project would intrude more into the residential area. He also believes drivers on the highway probably would not even notice the panels as they drive past. As far as commercial Excerpt from Approved Planning Commission Minutes Sunrise Solar Garden —Cases ZA2016-027, CUP2016-028, V2016-029 April 25, 2016 Page 3 of 6 development, there are a lot of properties along Highway 61 that have been for sale for years. He believes the City should work with the applicant to add more tax base. Kevin McGrath, 11000 Manning Avenue South, stated that flooding occurs on that site from a creek bed that starts on the back of his parcel. Parts of this parcel are only suited for agricultural use or the proposal for a solar garden. They support the garden as proposed closer to the highway. He agrees with his neighbors that the recent brush clearing along Highway 61 has made the pontoon boats on the neighboring property more visible, but that is not a better view than solar panels. Where they have the arrays sited is a terrific compromise as the project won't be visible as visible from Highway 61 as the existing businesses. He noted that his property is in the solar zone, but it would be impossible to screen due to the topography. This proposed project would be mostly hidden from view. He believes that it is an unreasonable restriction on the current property owners to have to wait to develop their property until the City finishes the comprehensive plan update. He appreciates the opportunity the Commission provided for the neighbors to speak but nobody came to view the area from the adjoining properties as the developers did. Gene Smallidge, 10992 Point Douglas Drive South, stated that his property borders the pro- posed site along both the west side and part of the north boundary. He stated that they support this project. As far as the areas in the City Code where solar farms are allowed, he believes that an arbitrary boundary line was created that could have been placed anywhere. A lot of the acreage within that allowable area is incompatible for solar farms. The allowable area for solar abuts this property on two sides. He noted that there are solar panels on the former city hall. He believes this proposal is truly the best short-term use of the property. The City has already approved other solar projects. He attended the public hearing on one of them and noted that there was considerable objection by the neighbors. He noted that the developers have 100 percent support of all adjoining property owners. He personally doesn't see what the problem is with somebody traveling on Highway 61 seeing solar panels in Cottage Grove. We should be proud to be thinking about the environment and being energy efficient. No one e/se spoke. Brittain closed the public hearing Awad asked what the due date is for the comprehensive plan. Levitt responded that the City is undertaking the comprehensive plan update and anticipate the steering committee will start meeting in June for an 18-to-24 month process. Rasmussen stated that this property appears to be a good site for this use. He is impressed by the support of the neighbors. Unless solar fails as an industry, he believes that after the first 25-year lease ends, it will be renewed, which is why the southern portion should be moved to the north to provide more buffer space between Highway 61 and the solar garden to allow for development, roadways, utilities, commercial lots, etc. on that southern portion. Haagsman stated that he thinks a solar garden would be a great use of the land. He is pro- solar. This site is adjacent to the area that has been allocated for solar. He also agrees that the applicant has done a very good job of communicating with the neighbors, and this has been the calmest presentation for any of these types of applications. Excerpt from Approved Planning Commission Minutes Sunrise Solar Garden —Cases ZA2016-027, CUP2016-028, V2016-029 April 25, 2016 Page 4 of 6 Awad asked about maintenance and staffing for snow removal and vegetation, and where they are getting the panels from. Dean Leischow, Sunrise Energy, Minnetonka, responded that once the site is built, there is very little maintenance that needs to be done, except for lawn mowing, site clearing, and snow removal down the pathways to the inverters. There will be no full-time staff on site. Personnel will visit the site every week and when there are problems. The sites are remotely monitored so they know instantly if there is a problem. Leischow explained that their investor partner is Solar City, which is the largest solar firm in the United States, and the panels will be coming from them. Graff stated that the City went through a long process to establish where solar panels would be allowed. This process included City staff, Planning and Environmental Commissions, and the City Council. She stated that she is wary about immediately changing the recently adopted ordinance. However, she does think that this property has some unique aspects that could allow for this change. She is also very reluctant to allow the panels on the southern edge because she thinks this could prevent any infrastructure improvements. Rostad asked about the setbacks from Highway 61. McCool responded that the City Code requires a minimum 100-foot front yard setback, 50-foot rear yard setback, and 20-foot side yards. Rostad asked if the panels were behind the ridgeline, would that be in compliance. McCool responded that would exceed the minimum setback, noting that it was approximately 300 feet. Rostad stated the Planning Commission and City Council put a lot of thought into where we would allow this solar collection. He can understand this application better than others that have come in front of the Commission for areas that could see development hap- pening sooner. He agrees with the applicant that this particular location probably won't be development any time soon. Rasmussen noted that the aerial layout shows a 100-foot setback from Highway 61, but if you scale that to the back portion of the yellow highlighted area, it would be almost 450 feet of clear space from the highway to solar panels, which should be enough room needed for many types of development. Fox stated that he does not believe it needs to be moved further away from Highway 61. Brittain stated that he looked at this based on the transitional planning area and the solar ordinance. Over the next 18 to 24 months, the City will be reviewing at the transitional planning areas as part of the comprehensive plan update. He sees this as a key puzzle piece along Highway 61 that needs to be evaluated. While the property may be a good fit for this type of application, limiting ourselves from looking at the entire stretch along Highway 61 could make things problematic for a proper comprehensive plan for the area. From his perspective, there are a lot of great points with this proposal, but the City will be making a big investment on the comprehensive plan update and has already spent a lot of time and effort on the solar ordinance. He does not see justification for not allowing ourselves an opportunity to plan for the best use of that property, which may end up being a solar garden, but at this time, he thinks we need to give the comprehensive plan the ability to assert itself to its best potential possible. Graf noted that this is on the outer edge of the transitional planning area and adjacent to the area allowed for solar gardens, and if an amendment was to be granted, he believes this Excerpt from Approved Planning Commission Minutes Sunrise Solar Garden —Cases ZA2016-027, CUP2016-028, V2016-029 April 25, 2016 Page 5 of 6 would be the site. Brittain understands but his primary concern is that we don't know what linear distance parallel to Highway 61 is needed to properly plan the Highway 61 corridor. The northerly portion would be more open to uses like this. Haagsman made a motion to approve the zoning amendment to allow a so/ar garden on the property at 11576 Point Douglas Road South. Awad seconded. Graff reiterated that without moving the southern portion of the solar garden to the north of the property, she does not feel she can vote in favor of the application. Graf otfered an amendment to the motion to include a condition that would move the southerly portion as indicated in the statf report to the northern portion of the property. Levitt explained that the action being taken is the zoning text amendment; the proposed amendment to the motion pertains more to the conditional use permit and variance. Graf withdrew his amendment. Graff asked for clarification on approving the amendment and offering that condition as part of the CUP. Levitt stated that on the map, the two parcels in yellow would be added to the red shaded area to allow solar gardens on those two parcels. Motion passed on a 5-to-4 vote (Brittain, Fox, Gratf, Zopfi). McCool explained that the variance is for the side yard setback along the internal property line of the two adjoining parcels and the conditional use permit is to allow a solar collection system. He asked for the Commission for clarification on moving the southerly portion to the north. He also noted that their decommissioning plan does not comply with the City's ordinance requirements. They had a different proposal about posting the financial guarantees. Staff would recommend that they comply with the City's ordinance requirements for their decommissioning plan. In addition, staff would have other conditions but has not had the opportunity to provide a list of what the Commission could consider. He asked that any motion should specify what they need to do if the Commission recommends approval of the variance and conditional use permit. Graf asked if there is time within the original 60-day period and the 60-day extension requested by the applicant to continue the hearing on the variance and conditional use permit now that the zoning amendment has been recommended for approval so that the Commission can review any conditions of approval from for those applications. McCool responded that the extension was granted to June 30, 2016. The next Planning Commission meeting is May 23. The Planning Commission's recommendations would be presented to the City Council at one of their meetings in June. Graf made a motion to continue the variance and conditional use permit applications to the May 23, 2016, Planning Commission meeting. Zopfi seconded. Haagsman stated that it seems there are other issues the Commission is not aware of and this will provide the opportunity to review the applications further. Excerpt from Approved Planning Commission Minutes Sunrise Solar Garden —Cases ZA2016-027, CUP2016-028, V2016-029 April 25, 2016 Page 6 of 6 Motion passed on an 8-to-1 vote (Brittain). EXCERPT FROM UNAPPROVED MINUTES OF THE MAY 23, 2016, PLANNING COMMISSION MEETING 6.2 Sunrise Solar Garden — Cases CUP2016-028 and V2016-029 Sunrise Development, LLC has applied for a conditional use permit to allow a community solar garden on 101 acres of land at 11576 Point Douglas Road South, and a variance to the setback requirements along an internal property line between two parcels under the same ownership. (Continued from April 25, 2016, Planning Commission meeting.) McCool summarized the staff report and recommended approval based on the findings of fact and subject to the conditions stipulated in the staff report. William Weber, Sunrise Energy Development, stated that they can accommodate both the interests of the City and the interests of the neighbors by locating the solar arrays in the center of the site. Leaving the southern part of the site open 435 to 900 feet back from the highway provides lots of options for future roadway alignment and placement of buildings. They are proposing a 25-year project; after that point the solar arrays can be moved from the site. Their proposal also leaves some of the northern and western parts of the property open to accommodate the neighbors. Their landscaping plan supplements what is currently on the site. He also noted that the arrays would be behind the natural berm that is about 300 feet into the site. They are proposing spruce and fir conifers that are 8 to 12 feet tall planted in a double row in the northeast corner of the site and near Highway 61. Sunrise has been in contact with the neighbors, who are all very supportive of the proposal. He displayed images of the current views of the property and the existing landscaping and proposed plantings. Weber stated that they have reviewed the nine conditions for approval and accept them. Brittain noted that this property is in a transition planning area, which will be evaluated during the comprehensive plan update process, so this proposal is early. His main concern is the disruption of future utilities and MUSA extensions that might go along a frontage road. He thinks one of the conditions should be that easements be granted so the City's ability to install infrastructure in the future is not hindered. Weber stated that if the City did a study and mapped a collector road through that property, he is sure that Sunrise would be cooperative and grant or sell easements across the property south of the solar collectors. He believes the trunk line would come down Highway 61, which would be unimpeded by this project. He stated that they can provide easements once that road has been officially mapped. They don't want to impede commercial or residential development near Highway 61. Awad asked if the conifers they are planting would replace the one acre of trees being removed. Weber responded that based on the City's tree ordinance, they are not required to do a replacement because they are well below the threshold requiring replacement, which is 50 percent, and they are leaving 95 percent of the trees on site. Levitt clarified that the City's trunk utilities, as they are currently designed, flow down the frontage roads on East Point Douglas Road, and the DOT does not permit the City to run trunk facilities in the DOT's right-of-way. Just as was done on East Point Douglas Road by Walmart and as planned in 2017, the City will be extending those trunk utilities down East Point Douglas Road. She stated that typically as development happens with a project, the Excerpt from Unapproved Planning Commission Minutes Sunrise Solar Garden —Cases CUP2016-028 and V2016-029 May 23, 2016 Page2of7 City, through the development process, acquires the necessary rights-of-way and easements without fee. Brittain asked if there should be a condition regarding those easements. Levitt responded that currently the Commission is not in a platting position with the parcels for development so that doesn't necessarily trigger that necessity immediately in these discussions. Brittain asked if this is not something we can take into consideration at this time. Levitt responded that if the Commission feels that the information that staff has presented is creating a negative effect on the property or the adjacent properties, then it would be differing from the findings of fact that are within the staff report for approval. That is a discussion the Planning Commission must take up in regards to understanding the findings of fact. Brittain stated that the Commission has added conditions in previous applications. Levitt responded that the Commission can make whatever recommendations they feel are necessary. McCool stated that while Sunrise would have a 25-year contract with Xcel Energy, the conditional use permit does not have an expiration date; it runs with the property, so at the end of the 25-year period, if the applicant decided to continue to operate the solar collection system, they can do so without the City's approval. There is no guarantee that the solar panels would go away. The only way to specify an expiration date would be if this was an interim conditional use permit application, but that is not the way the ordinance is structured. Brittain opened the public hearing. John Myers, 10990 Manning Avenue South, reiterated his support for this project. Instead of getting too hung up on what could happen in the future, the City should get the hundreds of acres along Highway 61 that have been for sale for many years and let Sunrise proceed with their project. No one e/se spoke. Brittain closed the public hearing. Weber stated that Sunrise would be happy to add a condition to the CUP that they would come back at the end of its contract with Xcel Energy and request permission to continue, and if it wasn't granted, the project would be removed from the site. Levitt stated that the Commission could add a condition indicating that the CUP would terminate after a 25-year time period and must come back before the City Council for continuation. Assistant City Attorney Bridget Nason, 633 South Concord Street, South St. Paul, explained that the conditional use permit runs with the land and cannot be have a termination date. Graf noted that while Sunrise is currently in favor of allowing a termination date that could change in the future. Nason stated that while they say they agree with it now, the CUP runs with the land, what happens if the ownership changes and the new owners are not open to that. Graf stated that the solar ordinance indicates that a conditional use permit is required to allow a community solar garden and asked if an ICUP would not be sufficient to meet the ordinance requirement. Nason stated that a solar garden is only allowed with a conditional use permit. Graf asked if the Planning Commission could request a code change to allow this by an interim conditional use permit instead of a conditional use permit. Nason responded that there is a submitted application for a conditional use permit. Excerpt from Unapproved Planning Commission Minutes Sunrise Solar Garden —Cases CUP2016-028 and V2016-029 May 23, 2016 Page3of7 Graff stated that there is no precedent set to allow for the requested variance and there is no substantiation to show that there are no other suitable properties that could be used for solar gardens that are within the allowed area in the adopted ordinance. This would limit business development in that area. She also believes this sets a dangerous precedent to immediately amend an ordinance that was just adopted, so every property that borders Exhibit A of the adopted ordinance could request a zoning amendment. Haagsman stated that how this was handled by the applicant shows a willingness to work with the City to accommodate future development. He asked if language could be crafted regarding future easements and a termination date to avoid potential issues in the future. He feels very passionate about solar energy, this location is adjacent to the approved area, and he wants the City to be on the right side of history regarding alternative energy. He noted that this might be the last solar garden of this size in the city. Brittain stated that the City has been very supportive of solar energy and has approved multiple community solar gardens within the community. There is plenty of space allowed in the City to implement a solar farm. The CUP and variance applications are dependent on the zoning text amendment, which was recommended for approval at the April Planning Commission meeting. Brittain stated that regardless of how he feels about the zoning amendment, he views the conditional use permit and variance on their own merits, and he would be more comfortable if language was added about easements and a sunset date. Graff noted that this application has been extended for two months and asked if adding a condition to the zoning text amendment regarding easements and a sunset could be done tonight. Levitt responded that there is a challenge regarding the sunset date as the current owner is agreeing to that, but if the ownership changes, the condition may not be enforceable. Staff could work with the applicant and legal counsel to tighten that up prior to the City Council meeting but there is no guarantee on that condition. In regards to the easements, the landowner must dedicate the necessary easements for public infrastructure to take place along that corridor per the City's comprehensive plan. Brittain asked if the solar panels are on that easement, would they have to be removed. Levitt responded that was correct. Graf stated that he voted for the zoning text amendment and wanted to hear what moving this forward would look like. His main support was that this is an interim property use to fill a vacant space until development could occur. He agrees that solar is very important for our future. He is conflicted and wishes that the ordinance allowed for an interim conditional use permit, which would provide full authority to review this in 25 years. Zopfi asked if by restrictive covenant, the current owner could put something of record to limit solar gardens on this property to the next 25 or 30 years that would bind any future purchasers. Levitt responded that the underlying authority of the CUP grants the use and runs with the property and inquired if there could be a deed restriction placed on the property. Nason stated that if the Commission wants to add this as a condition, staff and their attorney could try to craft language but cannot guarantee that it would be legally binding. The issue is the statute as written runs with the land and is not an interim use. Zopfi asked if we could set the restrictive covenant to begin 25 years from now. Nason replied no. Excerpt from Unapproved Planning Commission Minutes Sunrise Solar Garden —Cases CUP2016-028 and V2016-029 May 23, 2016 Page4of7 Weber stated that his reading of the state statute is that the City cannot impose on an applicant a sunset clause on a conditional use, but if the applicant proposes and agrees to a time limitation that might be acceptable, which they are willing to do that. It can be written so it passes on to any future owner of the property. He stated that is typically what they do. The area south of the solar arrays would be about nine to ten acres, which should be large enough for any variety of commercial development. He noted that there will probably not be another five megawatt project in the foreseeable future because all applications were due to Xcel last September, and the two substations in Cottage Grove that can accept this power could be virtually full if this project is developed. He stated that there were not many locations for them to choose from. He believes that they can work to preserve to the City's satisfaction the opportunity for road access and commercial development on the south side of the property. Awad stated that his concern is for more variance and zoning text amendment applications for solar collection projects. Awad asked how today recommendations might affect future applications. Levitt responded that there was one other solar ordinance amendment application that the Commission did not recommend approval, which was in the area just south of the Business Park south of 100th Street by Ideal Avenue, so the Commission already indicated as a body to uphold the ordinance as adopted. The City has approved three other solar projects that are compliant with the ordinance, so this is the fifth application to come before the Planning Commission. Brittain asked if the best course of action would have been for the City Council to have acted on the zoning text amendment. Levitt responded that the Planning Commission's recommendation to approve the zoning amendment to Exhibit "A" as recommended in April will be forwarded to the City Council unless that action is overturned. Graf asked if the one denied zoning amendment application involved property in the MUSA. Levitt responded that it was outside the MUSA and was in a transition planning zone like Sunrise Development's proposed site. Haagsman made a motion to approve the conditional use permit and variance subject to the conditions listed in the staff report with added conditions for future easement requirements and an agreement with the applicant for a 25-year sunset. Zopfi seconded. Graff stated that we still have to look at what our role is in approving a variance. She agrees that when the zoning text amendment was recommended for approval last month, it took some of our decision making power away, but we still have to approve a variance with findings. Graff said she is firmly opposed she has not seen a case for approval, even with the additional information that was presented tonight. She does not believe a case has been made as to why a variance is needed. Graf appreciates staff's input on the past precedence of this body, and based on that, along with the fact that we cannot grant an ICUP and remain within the ordinance, he will not be able to support this motion. Brittain stated that he does not support the applications. Excerpt from Unapproved Planning Commission Minutes Sunrise Solar Garden —Cases CUP2016-028 and V2016-029 May 23, 2016 Page5of7 Zopfi asked if it is within the power of the Commission to deny the applications after approving the zoning amendment. Rostad believes that the previous zoning text amendment that the Commission denied south of the Business Park was disjointed from the approved areas for solar gardens. He stated that this is a solid application with support from the neighbors. He does not object to anything in this application, and he is not as worried as other Commissioners what happens after the 25 years. He supports adding or extending the area allowed for solar gardens, and since we already voted to extend that area, he feels that the conditional use permit and variance should be approved. He does not see any issues with approving the setback variance for a common boundary line. Haagsman stated that he does not see any negatives to this proposal. Looking at all the solar applications that came through, he feels this is one of the better sites. The 400-foot buffer from the highway provides options for future utility projects and commercial development. Awad asked what happens when another application for an amendment in an area adjacent to but not in the allowed area because we granted this amendment, would that hold the City to approving those amendments. Levitt responded that this same process would have to be followed, the ordinance would have to be amended to allow that area to be included, and at this point, a precedent hasn't been set. Awad stated that when he voted for approval of the amendment he thought that it would be for just one but if others could apply, he believes in fairness. Motion fails on a 5-to-3 vote (Yeas: Haagsman, Rasmussen, Rostad) (Nays: Awad, Brittain, Graf, Graff, Zopfi). Graf inquired about making a motion to withdraw the recommendation for approval of the zoning text amendment that was made at the April Planning Commission meeting. Brittain asked for clarification from the City Attorney. Nason stated that a motion to reconsider a previous action can only be made by a Commissioner who voted with the majority on that previous action, there must be a discussion, and it must carry by a simple majority. Graf made a motion to reconsider the action as it re/ates to the zoning text amendment that was made at the April 25, 2016, Planning Commission meeting. Awad seconded. Motion passed on a 7-to-1 vote to reconsider the action taken on the zoning text amendment. Nason stated that the motion, which passed, is to reconsider the approval of the zoning text amendment. Now that the Commission is reconsidering it, the motion should be to deny the zoning text amendment to allow the proposed property to be included in the area where solar panel arrays are allowed by conditional use permit. Brittain asked if the Commission is re- voting on the original motion. Nason stated yes. Brittain clarified that the original motion was to recommend approval of the zoning text amendment. Excerpt from Unapproved Planning Commission Minutes Sunrise Solar Garden —Cases CUP2016-028 and V2016-029 May 23, 2016 Page6of7 Weber asked if that motion would be allowed as the public hearing is on the conditional use permit and variance applications. Nason responded that public hearing is needed on a zoning ordinance amendment, but her understanding of Roberts Rules is that a motion can be made to reconsider a motion that was previously taken at the next meeting without a public hearing. Graff stated that the purpose and role of this body is an advisory committee, which means that any decisions or motions advance to the City Council. She asked if the Council may opt for their meeting to be a public hearing on this matter. Nason stated that the public hearing is held at the Planning Commission level for these types of amendments. Rostad stated that he does not believe that would be the case because if the City Council returned it to the Commission to hold a public hearing, the review period would run out. Nason stated that she does not have all the details before her, but the Commission can make the motion to reconsider, which was done, and then make a motion to approve or deny the proposed text amendment. It would then go to the Council for final action. With respect to the 60-day deadline, she will have to check into where things fall as far as the timing is concerned. Levitt responded that the 60-day deadline was extended by the applicant to June 30. Graf made a motion to deny the zoning text amendment to City Code 11-4-10D to not include the 101 acres of land in Exhibit A. Awad seconded. Haagsman expressed concern about putting the City into legal jeopardy as we have already denied the conditional use permit and variance. He asked if we should hold a public hearing to reverse the approval of the zoning amendment. McCool responded that in April, the Planning Commission held the public hearing for the zoning text amendment and made a recommendation of approval. However, that recommendation never went to the City Council and they have not taken final action on that text amendment. The continued public hearings on the applications for Sunrise was continued to tonight's meeting. The public hearing for that text amendment is still open. Brittain stated that it is his understanding that this is appropriate. Weber stated that one of the concerns he heard tonight was whether or not this sets a precedent for any future requests for zoning text amendments to the solar collection ordinance, and it is his understanding that it would not set a precedent. Every application is considered on its own merits individually. He reiterated that this project accommodates both the city and the neighbors, it is environmentally sound, it makes good business sense, and it leaves the City's options open. They will work to accommodate the City's needs for extending 114th Street and providing for commercial development and utilities across the site. Motion to deny the zoning text amendment passed on a 5-to-3 vote (Yeas: Haagsman, Rasmussen, Rostad) (Nays:Awad, Brittain, Graf, Gratf, Zopfi). Nason summarized that the Commission's motion to approve the conditional use permit and variance applications failed, and the Commission revisited its decision on the zoning text Excerpt from Unapproved Planning Commission Minutes Sunrise Solar Garden —Cases CUP2016-028 and V2016-029 May 23, 2016 Page7of7 amendment and voted to deny the zoning text amendment. Brittain stated that because the zoning amendment was denied, the conditional use permit cannot be granted. Rostad pointed out that these are still active applications. Nason stated that the application still has to work through the process. Graff asked if the Commission has to make a motion on the conditional use permit and variance. Levitt stated that when the Commission took the first action to deny the conditional use permit and variance it was with the understanding that the property was within the zoning text amendment, but under the last motion, this property is no longer permitted to have a solar use on it, so the Commission wants to know if the conditional use permit and variance applications are pertinent now that the use is not allowed on this parcel. Graff made a motion to deny the conditional use permit and variance applications based on findings of fact and the Commission's decision on the zoning amendment. Graf seconded. Motion passed on a 5-to-3 vote (Nays: Haagsman, Rasmussen, Rostad) (Yeas: Awad, Brittain, Graf, Graff, Zopfi).