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HomeMy WebLinkAbout2016-06-27 PACKET 06.1.STAFF REPORT CASE: CUP2016-044 ITEM: 6.1 PUBLIC MEETING DATE: 6/27/16 TENTATIVE COUNCIL REVIEW DATE: 7/20/16 APPLICATION APPLICANT: SEV MN 1, a subsidiary of Sunrise Energy Ventures REQUEST: A conditional use permit to develop a 31 -acre community solar garden with a five megawatt array of photovoltaic panels. SITE DATA LOCATION: ZONING: GUIDED LAND USE: 10990 Manning Avenue South R-1, Rural Residential Rural Residential LAND USE OF ADJACENT PROPERTIES: CURRENT GUIDED NORTH: Rural Residential Rural Residential EAST: Rural Residential Denmark Township SOUTH: Rural Residential Rural Residential WEST: Rural Residential Transition Planning Area SIZE: N/A DENSITY: N/A RECOMMENDATION Approval, subject to the conditions stipulated in this staff report. Cottage COTTAGE GROVE PLANNING DIVISION Grove %e a rade a�aeosaeaiv nese Planning Staff Contact: John M. Burbank, Senior Planner, 651-458-2825, Iburbank(dcottage-grove.orq Application Accepted:. 6/2/16 60 -Day Review Deadline: 8/1/16 City of Cottage Grove Planning Division • 12800 Ravine Parkway South • Cottage Grove, MN 55016 Mannings Staff Report S5ri--V IVIN1, LLC Community Solar Garden Project Planning Case No CUP2016-044 June 27, 2016 Proposal SEV MN1, LLC a subsidiary of Sunrise Energy Ventures, has applied for a conditional use permit for the proposed construction of a five megawatt community solar garden on 31 acres of a 42 - acre parcel of land (PID 25.027.21.43.0001). The project is located at 10990 Manning Avenue South (State Highway 95). Location Map Planning Staff Report- SEV MN1,LLC Planning Case Nos. CUP2016-044 June 27, 2016 Page 2 of 12 Review Process Application Received: June 2, 2016 Acceptance of Completed Application: June 2, 2016 Tentative City Council Date: July 20, 2016 60 -Day Review Deadline: August 1, 2016 120 -Day Review Deadline if exercized : September 29, 2016 Background The City Council, on October 7, 2015, unanimously adopted Ordinance No. 948 allowing solar collection systems. As part of the ordinance is a map referenced as "Exhibit A" that identifies the areas of the community in which commercial solar gardens are permitted by conditional use permit. "Exhibit A" is shown below. Solar Collection System Areas 0 0.6 1 2 3 Miles Exhibit "A" in Ordinance No. 948 The detail below identifies the project area in relation to the permitted solar farm areas identified on "Exhibit A." Planning Staff Report— SEV MN1,LLC Planning Case Nos. CUP2016-044 June 27, 2016 Page 3 of 12 Planning Considerations = Solar Collection System Area = Development Site Site Figure 5: Solar Area and Development Site Project Siting The project is located within the permitted zone identified in "Exhibit A." Project size The project is proposed on property greater than five acres, which is consistent with the ordinance criteria. Metropolitan Urban Service Area The subject property is located outside the MUSA, which is consistent with the ordinance criteria. City utilities are not planned to be extended to this area of the community for several decades. Land Use and Zoning The property is guided and zoned as Rural Residential. Site Plan The site plan below shows the general layout for the proposed five megawatt community solar garden. The proposed development would encompass 31 acres of the 42 -acre site. Planning Staff Report —SEV MN1,LLC Planning Case Nos. CUP2016-044 June 27, 2016 Page 4 of 12 ik r PVARRAY (FIXED TILT SYSTEM) { - UNDERGROUND _a MVACWIRING PROPOSEDFENCE�j a �, _ r i Z ,y r � J Proposed METER & POINTS OF MAPPED STREAM Solar Garden Site Plan Sunrise ar aaxrvaaa Suge 1050n Paikxey S aaai..0 TO (612) 293-0900 MN 55305 TBI: ((812) 2 339900 Pec (812) 3933939 annrlaeapergyv¢nlurcs.eam Pedal: Call'$ Grove SOe Address: 11678 Point Douglas Rd S. Collage Grove, MN 55933 Legend Proposed Fence —Propedy Boundary Property Line Sal oea WMiand — Stream -- sveam S.Wa:Line Proposed Access Road — Unne g ound MV Line Extgin0 Caoncoad Line ® PmPosad Invmler SeLVLaya01 (Fleed TAt System) Solar Layout (r'.a.r system) 1 MWTmcker Syslems:0 1 MW Flead Ta Sysloms: 6 Site Access/ Transportation The existing access to the residential property is via a bituminous driveway that connects to State Highway 95. Planning Staff Report — SEV MNI,LLC Planning Case Nos. CUP2016-044 June 27, 2016 Page 5 of 12 Access for the proposed community solar garden is proposed to be via the existing unimproved farm road access north of the residential access driveway that connects to State Highway 95. A right -of way access permit must be issued by MnDOT for any improvements to the existing private agricultural access driveway connection with State Highway 95 (Manning Ave). The proposed garden location does not impact any existing or planned public roadways. Solar Garden Arrangement Five banks of solar arrays are proposed to be located along the east and west sides of the property surrouna ing the principal structure Sunrise i eo�wbn P.May r: euie lOb �v TOOMa.MN65]OS TN RIOJ2as'S900 PROPERTY BOUNDARYEar MIMa9ax9a INVEflTERITRAN6FORMEft PAD � I c mu.nereyren�rexgm ngeu:coupe6mre BIVIMrey>, II9T6 voIM PoybWS fLSETB§§ACC/KLINE, Odlvpb a0\d MN65693 DA METERAPGINTS OF 's PROPOSSED ACCESS �1 INTERCONNECTION lm 'ROAD - PlogvW Ponm �l� G T s—PrvgnYBouMan 'I' --- 1 __ - pggnYLlnv SHbaIX . . —61r -64P06eIMrs U. - _-PropssdlquzssPOaJ L.... —v :r.'� `.^•�-` v 1—UMOgmun4M1IVLInO '�.`.-r—EWmpOmMel LNe 6 i � �Z's F. Ta synvml PV ARRAY ,. 'j+n�w� 1 ®RrutorsYsle�p (FIXED TILT SYSTEM)I UNDERGROUND( ' �I.DPERTY BOUNDARY IMwTnUer SYpe'ra0 - MVA RFN IYf� •., w '- IMwFlvee Ti snU�s.s PROPOBE=DENCE,x P- O:MEDFENCE MAPPED IAPPED ST SETBACK FROM ,? ST0.EAM •u0. VEL � • MINME f) Array Location Detail Planning Staff Report —SEV MNI,LLC Planning Case Nos. CUP2016-044 June 27, 2016 Page 6 of 12 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 10 to 12 feet. These types of ground -mounted systems allow stormwater infiltration under the solar panels and minimized ground disturbance. The ground be- neath 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. Setbacks As proposed, the developed portions of the gardens meet the required setbacks of from property lines. These setbacks are the same as those established for rincipal structures within the zoning district. Lot area 3 acres Lot width 180 feet Front yard 30 feet Rearyard 50 feet Side yard 25 feet Side yard, attached garage 20 feet Maximum structure height 30 feet Maximum impervious lot coverage 10 percent Planning Staff Report —SEV MN1,LLC Planning Case Nos. CUP2016-044 June 27, 2016 Page 7 of 12 Neighboring Properties Rural residential properties and dwellings are located on all sides of the subject property with varying proximities to the proposed community solar garden. The closest residential dwelling is 25 feet from the southeast property line of the site, which is 50 feet from the solar garden setback. An analysis was completed on the proximity of the nearest adjacent home to the approved solar array fields in the community solar gardens previously approved by the City. The table below identifies the identified distances. Project Distance between nearest home and solar gardens Myers 50 Feet Borner 1,060 Feet CGSun 712 Feet Ecoplexus 753 Feet Neighboring resident Mike Mingo, 10940 Manning Avenue, met with staff on June 24 to discuss the project and voice his opposition to the solar array next to his property. Mr. Mingo is concerned that the solar will devalue his property and will have a negative effect on his property value. He is concerned about the negative visual impact the solar field as well as the fence with barb wire will have on his property. He is concerned with how close the solar field will be to his home. He also expressed concern about the fact that the solar field will be on two sides of his property, not just one side like other projects may impact. He is opposed to the solar array that is located adjacent to Manning Avenue, but finds the solar array at the back of the Meyer's property less devaluing to his property and less obstructive to the use and enjoyment of his property. Planning Staff Report —SEV MNI,LLC Planning Case Nos. CUP2016-044 June 27, 2016 Page 8 of 12 Screening The applicant has submitted a detail identifying the existing natural vegetation areas that will pro- vide visual screening of the gardens from adjacent properties. vwu01.vwccuuIy vciau Attached to this report is also a detailed photo documentation of existing leaf -on screening from adjacent properties. The detail below identifies the properties addressed in the attachment. Wag, i11126 V ( \ 1' y Site of the Pi osed --► - Community Sold Gard n 9 9 Planning Staff Report — SEV MNI,LLC Planning Case Nos. CUP2016-044 June 27, 2016 Page 9 of 12 Tree Removal The applicant has reported that no existing trees will be removed in conjunction with the construc- tion of the project. The applicant is proposing to plant 36 Balsam Firs and White Spruce that are eight to ten foot tall along portions of the solar arrays for additional screening. The planting areas are detailed below. ___ • Balsam Fir (22) ® White Spruce (14) Proposed Planting Plan Perimeter Fence The applicant is proposing to install a black -coated galvanized chain-link fence around the perim- eter 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. 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 No wetlands have been identified on the site. One Intermittent Public Waters Stream crosses the site just east of the existing residence. This stream is not proposed to be impacted by the project, and a buffer of at least 50 feet will be maintained from its edge. Decommissioning Plan The 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, secu- rity fencing, lighting, and supply structures for the project. Dismantling and repurposing, salvaging, Planning Staff Report —SEV MN1,LLC Planning Case Nos. CUP2016-044 June 27, 2016 Page 10 of 12 recycling or disposing of the solar energy materials, equipment and improvements will be properly 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 interconnection system design has yet to be completed and would be required prior to build- ing permit issuance. It is recommended that conditions of approval require that all power lines be placed underground within the interior of the community solar garden property, but also that the utility company must place all new power lines necessary to facilitate the interconnection between the community solar garden and the utility company's electric grid underground. Details of this interconnection between the community solar garden and the utility company's electric grid must be submitted to the City at the time the applicant files their building permit application. Ordinance Requirements When reviewing conditional use permits, the Planning Commission looks to Title 11-2-9F, Criteria for Issuance of Conditional Use Permits, as the guiding doctrine for review. This section states that in granting a CUP, the City Council shall find that: 1. The use will be in conformity with the City's Comprehensive Plan and with the purpose, intent and applicable standards of this Title. 2. The use shall be located, designed, maintained and operated to be compatible with the existing or intended character of that zoning district in which it is located. 3. The use shall not depreciate values of surrounding property. 4. The use shall not be hazardous, detrimental or disturbing to present and potential surrounding land uses due to noises, glare, smoke, dust, odor, fumes, water pollution, vibration, general unsightliness or other nuisances. 5. The use shall generate only minimal vehicular traffic on local streets as defined by the transpor- tation element of the Comprehensive Plan. The use shall not create traffic congestion, unsafe access or parking needs that will cause inconveniences to the adjoining properties. 6. The use shall be served adequately by essential public services, such as streets, police, fire protection and utilities. 7. The use shall not create excessive additional requirements at public cost for public facilities and services and shall not be detrimental to the economic welfare of the City. 8. The use shall preserve and incorporate the site's important natural and scenic features into the development design. 9. The use shall cause minimal adverse environmental effects. 10, The use shall not adversely affect the potential development of adjacent vacant land. The City's Technical Review Committee reviewed this application under those criteria. The Com- mittee found the CUP criteria could be met and the conditional use permit should be approved, subject to conditions. The applicant's response to the ordinance criteria is attached. Planning Staff Report — SEV MN1,LLC Planning Case Nos. CUP2016-044 June 27, 2016 Page 11 of 12 Public Hearing Notices The public hearing notice was published in the South Washington Bulletin on June 15, 2016. Public hearing notices were mailed to 17 property owners within 500 feet of the 101 -acre area on June 15, 2016. Summary • The use is permitted by conditional use. • The use meets all of the applicable ordinance criteria related to conditional use permits. • The use is properly sited in accordance with applicable ordinance criteria. • The use meets all of the applicable ordinance criteria related to community solar gardens. Recommendation That the Planning Commission recommend that the City Council approve a conditional use permit for the construction of a five megawatt community solar garden on 41.86 -acres of land located at 10990 Manning Ave South (State Highway 95) (PID 25.027.21.43.0001), subject to the following conditions. The applicant is responsible to remove any gravel, dirt, or debris materials carried from motor vehicles exiting from the community solar garden site and landing on that segment of Highway 95 (Manning Avenue). Upon the City's acceptance of the decommissioning cost estimate, the applicant shall pro- vide the City with a cash escrow, bond, or irrevocable letter of credit in an amount equal to 125 percent of the accepted decommissioning estimate. The financial guarantee must be remitted to the City before a building permit will be issued. 3. All on-site and off-site electric power lines necessary to interconnect the electric power created from the community solar garden to the utility company grid system must be underground. The only exception, if necessary, is at the connection point where the com- munity solar garden underground electric line needs to be connected to the utility company's existing power polellocal distribution line. Details of this interconnection be- tween the community solar garden and the utility company's electric grid must be submitted to the City at the time the applicant files their building permit application with the City. 4. The project must comply with the City's Solar Collector System Ordinance regulations. 5. All solar modules must meet the minimum setbacks or greater. 6. A right -of way access permit must be issued by MnDOT for any improvements to the ex- isting private agricultural access driveway connection with State Highway 95 (Manning Avenue). Planning Staff Report —SEV MN1,LLC Planning Case Nos. CUP2016-044 June 27, 2016 Page 12 of 12 7. Tree removal from the perimeter of the site is prohibited. 8. A windrow of 36 Balsam Firs and White Spruce that are eight to ten foot tall along portions of the solar arrays for additional screening are required to be planted in accordance with the landscaping plan included in the June 27, 2016, planning staff report. 9. Each windrow of trees must be spaced 15 feet apart. If glare from the community solar garden facility is a problem for adjacent property owners, the property owner or the opera- tor of the community solar garden will be required to plant additional similar sized trees or install a privacy fence in order to mitigate the problem of glare from the solar facility. 10. The applicant must prepare a stormwater management plan and submit it to the City and South Washington Watershed District for review and comment. This plan must be ap- proved before the City will issue the building permit for the proposed community solar garden project. 11. The applicant's decommissioning plan must be modified to comply with City ordinance regulations. Prepared by: John M. Burbank, AICP Senior Planner Attachments: • Ordinance No. 948 • "Exhibit A" • SEV MN1,LLC Conditional Use Permit Responses • SEV MN1,LLC Conditional Use Permit Submittal Documentation Leaf -on Screening Photos I ORDINANCE NO, 948 2 3 AN ORDINANCE FOR THE CITY OF COTTAGE GROVE, MINNESOTA AMENDING 4 TITLE 11, CHAPTER 4, SPECIAL ZONING PROVISIONS BY ADDING SECTION 10, 5 SOLAR COLLECTOR SYSTEMS TO THE CITY CODE 6 7 8 The City Council of the City of Cottage Grove, Washington County, Minnesota, does hereby 9 ordain as follows: 10 11 SECTION 1. AMENDMENT. Title 11, Chapter 4, Special Zoning Provisions is amended 12 by inserting Section 10, Solar Collector Systems and shall read as follows: 13 11-4-10: SOLAR COLLECTOR SYSTEMS. 14 A. Purpose. Cottage Grove supports the use of solar collection systems as an accessory use in 15 all zoning districts and as a conditional use in special zoning districts whereby it is 16 determined that rural and urban agricultural land is unproductive farmland. The development 17 of solar energy farms should be balanced with the protection of the public safety and the 18 existing natural resources in Cottage Grove. The ordinance is to provide for the regulation of 19 the construction and operation of solar collector systems in Cottage Grove, subject to 20 reasonable conditions that will protect the environment, public health, safety, and welfare. 21 The provisions of this section of the ordinance shall apply within all zoning districts; allowing 22 solar panels as an appurtenance to rooftops and exterior walls, and allow modest 23 adjustments to regulations to allow applicants access to solar resources on their property. In 24 no case shall the provisions of this ordinance guarantee rights to solar access. 25 26 B. Definitions. The following words, terms and phrases, when used in this division, shall have 27 the meanings ascribed to them in this section: 28 Alternative Energy System: A ground source heat pump, wind or solar energy system. 29 30 Community Solar Garden: A solar -electric (photovoltaic) array that provides retail electric 31 power (or a financial proxy for retail power) to multiple community members or businesses 32 residing or located off-site from the location of the solar energy system, under the provisions 33 of Minn. Statutes 2166.1641 or successor statute. 34 35 Photovoltaic System: An active solar energy system that converts solar energy directly into 36 electricity. 37 38 Solar Collector: A device, structure or a part of a device or structure for which the primary 39 purpose is to capture sunlight and transform it into thermal, mechanical, chemical, or 40 electrical energy. 41 Ordinance No. 948 Page 2 of 7 42 Solar Collector Surface: Any part of a solar collector that absorbs solar energy for use in the 43 collector's energy transformation process. Collector surface does not include frames, 44 supports and mounting hardware. 45 46 Solar Daylighting: A device specifically designed to capture and redirect the visible portion of 47 the solar spectrum, while controlling the infrared portion, for use in illuminating interior 48 building spaces in lieu of artificial lighting. 49 50 Solar Energy: Radiant energy received from the sun that can be collected in the form of heat 51 or light by a solar collector. 52 53 Solar Energy Device: A system or series of mechanisms designed primarily to provide 54 heating, cooling, electrical power, mechanical power, solar daylighting or to provide any 55 combination of the foregoing by means of collecting and transferring solar generated energy 56 into such uses either by active or passive means. Such systems may also have the 57 capability of storing such energy for future utilization. Passive solar energy systems shall 58 clearly be designed as a solar energy device such as a trombe wall and not merely a part of 59 a normal structure such as a window. 60 61 Solar Energy System: A device or structural design feature, a substantial purpose of which is 62 to provide daylight for interior lighting or provide for the collection, storage and distribution of 63 solar energy for space heating or cooling, electricity generation or water heating. 64 65 Solar Energy System, Build ing-Intergrated: A solar energy system that is an integral part of a 66 principle or accessory building, replacing or substituting for an architectural or structural 67 component of the building. Building -integrated systems include but are not limited to 68 photovoltaic or hot water solar energy systems that are contained within or substitute for 69 roofing materials, windows, skylights, awnings and shade devices. 70 71 Solar Energy System, Roof -Mounted: A solar energy system mounted directly or abutting the 72 roof of a principal or accessory building. 73 74 Solar Energy System, Grid-Intertie: A photovoltaic solar energy system that is connected to 75 an electric circuit served by an electric utility company. 76 77 Solar Energy System, Off -Grid: A photovoltaic solar energy system in which the circuits 78 energized by the solar energy system are not electrically connected in any way to electric 79 circuits that are served by an electric utility company. 80 81 Solar Energy System, Ground -Mount: A freestanding solar system mounted directly to the 82 ground using a rack or pole rather than being mounted on a building. 83 84 Solar Farm: A commercial facility that converts sunlight into electricity, whether by 85 photovoltaic (PV), concentrating solar thermal devices (CST), or other conversion 86 technology, for the principal purpose of wholesale sales of generated electricity. 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 Ordinance No. 948 Page 3 of 7 Solar Heat Exchanger: A component of a solar energy device that is used to transfer heat from one substance to another, either liquid or gas. Solar Hot Air System (also referred to as Solar Air Heat or Solar Furnace): An active solar energy system that includes a solar collector to provide direct supplemental space heating by heating and re -circulating conditioned building air. The most efficient performance typically uses a vertically mounted collector on a south -facing wall. Solar Hot Water System (also Thermal System): A system that includes a solar collector and a heat exchanger that heats or preheats water for building heating systems or other hot water needs, including residential domestic hot water and hot water for commercial processes. Solar Mounting Devices: Racking, frames, or other devices that allow the mounting of a solar collector onto a roof surface or the ground. Solar Resource: A view of the sun from a specific point on a lot or building that is not obscured by any vegetation, building, or object for a minimum of four hours between the hours of 9:00 AM and 3:00 PM Standard Time on any day of the year. Solar Storage Unit: A component of a solar energy device that is used to store solar generated electricity or heat for later use. C. Standards. 1. Building -Integrated Solar Energy System. A building -integrated solar energy system shall be allowed only on principal structures in all zoning districts and regulated as any other building element. Wall mounted solar collection systems are prohibited on the side of a principal structure facing a public street. 2. Minimum Lot Size. A minimum lot area of five acres is required for ground -mounted solar energy systems for all residential properties in any zoning district. 3. Height. Roof -mounted solar energy systems shall comply with the maximum height requirements in the zoning district that the property is zoned. In nonresidential zoning districts, ground -mounted solar energy systems may be permitted in the front, side or rear yards, but must setback a minimum of 20 feet from the property line. 4. Roof -mounting Devices and Roof -mounted Solar Energy Systems. Roof -mounting devices and roof -mounted solar energy systems shall be flush mounted on pitched roofs. Solar energy systems located in non-residential districts or on non-residential uses may be mounted at an angle to the roof to improve their efficiency; however, the highest point of a solar panel shall not be more than five feet, measured in a straight line above the roof upon which the panel is mounted. Roof -mounted devices and roof -mounted solar energy systems shall not extend beyond the exterior perimeter of the building on which the system is mounted or built, unless the collector and mounting system has been Ordinance No. 948 Page 4 of 7 134 explicitly engineered to safely extend beyond the edge, and setback standards are not 135 violated. Exterior piping for solar hot water systems is prohibited to extend beyond the 136 perimeter of the building. 137 138 5. Mirror Reflecting Designed Solar Energy Systems. Mirror reflecting designed solar 139 energy systems are permitted only on properties with five acres or larger and located 140 outside the Metropolitan Urban Service Area (MUSA). A conditional use permit is 141 required. 142 143 6. Easements. Solar energy systems shall not encroach on public drainage or utility 144 easements. 145 146 7. Aesthetics. Reflection angles from solar energy systems shall be oriented away from 147 neighboring windows. Where necessary, screening may be required to address glare. 148 149 8. Ground -Mounted Solar Energy Systems. Ground or pole -mounted solar energy systems 150 shall not exceed 15 feet in height when oriented at maximum tilt. Ground -mounted solar 151 energy systems shall comply with the accessory structure setback standards for the 152 applicable zoning district in which they are located. Community solar gardens or solar 153 farms shall comply with the principal structure setback standards for the applicable 154 zoning district in which they are located. Solar energy systems may not extend into the 155 minimum side or rear yard setbacks when oriented at minimum or maximum design tilt. 156 157 9, Standards. Solar energy systems shall meet the minimum standards outlined by the 158 International Electrotechnical Commission (IEC), the American Society of Heating, 159 Refrigerating, and Air-conditioning Engineers (ASHRAE), ASTM International, 160 International Organization for Standardization (ISO), Underwriter's Laboratory (UL), the 161 Solar Rating and Certification Corporation (SRCC) or other standards as determined by 162 the Community Development Director. 163 164 10. Certification. Solar energy systems and components shall be certified by Underwriters 165 Laboratories, Inc. (UL), the National Renewable Energy Laboratory, and Solar Rating and 166 Certification Corporation (SRCC), or other appropriate certification (s) as determined by 167 the City. The City reserves the right to deny a building permit for proposed solar energy 168 systems deemed to have inadequate certification. 169 170 11. Building Permit Required. All solar energy systems require a building permit. A building 171 permit application and plan submittal must comply with the following requirements: 172 173 a. Applications for Solar Energy Systems. An application to the City for a building permit 174 under this section shall contain the following information, including but not limited to 175 the following: 176 177 i. A building permit application. 178 179 ii. A site plan of existing and proposed site conditions. Ordinance No. 948 Page 5 of 7 181 iii. Number of solar collectors to be installed. 182 183 iv. Location and spacing of solar panels. 184 185 v. Ground mounted system applications shall identify existing vegetation on 186 installation site (list vegetation type and percent of coverage; i.e. grassland, 187 plowed field, wooded areas, etc.), and provide a maintenance plan for controlling 188 vegetative growth on site upon installation of the solar energy system. 189 190 vi. A description of the method of connecting the array to a building or substation and 191 a signed copy of the interconnection agreement a copy of the application to with 192 the local electric utility be included with the conditional use permit application or a 193 written explanation outlining why an interconnection agreement is not necessary.. 194 195 vii. Planned location of underground or overhead electric lines connecting the solar 196 electric system to the building, substation or other electric load. 197 198 viii. New electrical equipment other than at the existing building or substation that is 199 the connection point for the solar electric system. 200 201 ix. Manufacture's specifications and recommended installation methods for all major 202 equipment, including solar panels, mounting systems and foundations for poles or 203 racks. 204 205 X. Existing and proposed (if existing grade will be altered) topography at two foot 206 contours. 207 208 12. Feeder Lines and Grid-Interties. All power lines shall be placed underground within the 209 interior of each parcel. The collection system may be placed overhead near substations 210 or points of interconnection to the electric grid. All grid-intertie systems shall have an 211 agreement with the local utility prior to the issuance of a building permit. A visible external 212 disconnect must be provided if required by the utility. Off -grid systems are exempt from 213 this requirement. 214 215 13. Special Exceptions. A solar collection system with a cumulative area of six square feet or 216 less is permitted in all zoning districts and does not require a building permit. No more 217 than three solar collection panels are permitted. Examples of these systems are outdoor 218 accent lighting systems, power supply for traffic control systems, powering a water pump 219 for water gardens, tele -communication systems, backup power systems during power 220 outages, and etc. 221 222 D. Community Solar Garden or Solar Farm. A conditional use permit is required for community 223 solar garden or solar farm systems and must be located within the designated areas shown 224 in Exhibit "A". Utility -scale solar energy systems are allowed in all zoning districts. A 225 minimum of five acres of land is required. Ordinance No. 948 Page 6 of 7 226 227 E. De -commissioning. A de -commissioning plan shall be submitted with all applications for 228 community solar garden or solar farm systems. 229 230 1. De -commissioning plans shall outline the anticipated means and cost of removing the 231 system at the end of its serviceable life or upon its becoming a discontinued use. The 232 cost estimates shall be made by a competent party, such as professional engineer, a 233 contractor capable of decommissioning or a person with suitable expertise or experience 234 with decommissioning. The plan shall also identify the financial resources that will be 235 available to pay for the decommissioning and removal of the system. Owners of 236 residential solar energy systems may rely on manufactures data to submit estimates. 237 238 2. De -commissioning of the system must occur within 90 days from either of the following: 239 240 a. The end of the system's service life; or 241 242 b. The system becomes a discontinued use. 243 244 c. A system shall be considered a discontinued use after one year without energy 245 production, unless a plan is developed and submitted to the Zoning Administrator 246 outlining the steps and schedule for returning the system to service. 247 248 d. The City may at its discretion require the owner and/or operator of the commercial or 249 utility scale system to provide financial security in the form of a cash escrow, bond, or 250 irrevocable letter of credit in an amount equal to 125 percent of a cost estimate for de - 251 commissioning the system. 252 253 3. The owner of a utility -scale system must notify the City in writing when feeder lines and/or 254 grid-interties are disconnected from the local utility transmission line. 255 256 F. Abandonment. If the solar energy system remains nonfunctional or inoperative for a 257 continuous period of one year, the system shall be deemed to be abandoned and shall 258 constitute a public nuisance. The owner shall remove the abandoned system at their 259 expense after a demolition permit has been obtained. Removal includes the entire structure 260 and components. 261 262 SECTION 2. SUMMARY PUBLICATION. Pursuant to Minnesota Statutes Section 263 412.191, in the case of a lengthy ordinance, a summary may be published. While a copy of the 264 entire ordinance is available without cost at the office of the City Clerk, the following summary is 265 approved by the City Council and shall be published in lieu of publishing the entire ordinance: 266 The new solar energy ordinance includes requirements regarding permitting, screening, 267 setbacks, maximum size array, minimum lot size, designated zoning districts, etc. for all types of 268 solar energy systems. 269 270 SECTION 3. EFFECTIVE DATE. This ordinance shall be in full force and effect from and 271 after its adoption and publication according to law. Ordinance No. 948 Page 7 of 7 272 273 Passed this 7th day of October, 2015. 274 275 276 277 278 279 Attest: 280 281 282 283 Joe Fischbach, City Clerk '001111 PIPM101 (A South Washington County B utfiethit AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ) )ss. COUNTY OF WASHINGTON ) SANDY BURDINE , being first duly sworn, on oath states as follows: (1)1 am the publisher of the South Washington County Bulletin and/or the Woodbury Bulletin, or the publisher's designated agent. I have personal knowledge of the facts stated in this Affidavit, which is made pursuant to Minnesota Statutes §331A.07. (2) The newspaper has complied with all of the requirements to constitute a qualified newspaper under Minnesota taw, including those requirements found in Minnesota Statutes §331A.02. (3) The printed ORDINANCE 948 which is attached, was cut from the columns of said newspaper, and was was printed and published once each week for 1 successive weeks; It was first published on Wednesday, the 4th day of November , 2015 and was thereafter printed and published on every Wednesday, to and including Wednesday, the 4th day of November 2015. (4) The publisher's lowest classified rate paid by commercial users for comparable space, as determined pursuant to Minnesota Statutes §331A.06, is as follows: $25.00 / inch. (5) Pursuant to Minnesota Statutes §580.033 relating to the publication of mortgage foreclosure notices: The newspaper's known office of Issue is located in Washington County. The newspaper complies with the conditions described in §580.033, subd. 1, clause (1) or (2). If the newspaper's known office of issue is located in a county adjoining the county where the mortgaged premises or some part of the mortgaged premises described in the notice are located, a substantial portion of the newspaper's circulation is in the latter county. By: c,_t Subscribed and sworn to before me on this 4 of November 2015. 7F"?_WRmAN;,,.JEAN MARIE HOEFT GZIt �s C9 '}Notary Public -Minnesota Notary blic y Commission Esplres Jan 31, 2010 AFFIDAVIT FEES: First Insertion: 2.5 inches, @ $ 14.60 /in = $ 36.50 Additional Insertions: 2.5 inches, @ $ 14.60 /in = $ Assumed Name $ Total _L36 Order# 2230323 The City of Cottage Grove Ordinance No. 948 The City of Cottage Grove has passed Ordinance No. 948. The new solar an- ergy ordinance includes requirements regarding perm itting,screening, set- baeks, maximum size array, minimum lot size, designated zoning districts, etc. for all types of solar energy systems. The complete text of Ordinance No. 948 is available at Cottage Grove City Hall during normal business hours. Joe Fischbach, City Clerk. 11/4/2015 //CC-) - 1311`1 Conditional Use Permit Application 601 Carlson Parkway, Suite 1050, Minnetonka, Minnesota 55305 JUN - 2 2016 Sunrise ENERGY VENTURES 601 Carlson Parkway, Suite 1050, Minnetonka, Minnesota 55305 JUN - 2 2016 Sunrise =00 ENERGY VENTURES June 1, 2016 Community Development Department City of Cottage Grove 12800 Ravine Parkway Cottage Grove, MN 55016 Re: Conditional Use Permit Application to Develop a Community Solar Garden Dear Members of the Staff, Planning Commission and City Council: SEV MN 1, LLC ("Sunrise"), a subsidiary of Sunrise Energy Ventures, is pleased to present this application to the City of Cottage Grove to develop and operate a community solar garden. This 5 megawatt array of photovoltaic panels will generate electricity that will be purchased by Xcel Energy under a 25 -year contract. The solar garden will not generate any carbon or other harmful emissions, will be created from an inexhaustible source, the sun, will help Xcel Energy meet the State's mandate for use of renewable energy sources, and will align with the City's goals for sustainability. In addition, Xcel customers may subscribe to a share of the electrical output from the project, thus supporting this clean source of energy. SEV MN 1, LLC will own and operate the development for its lifetime. It is important to us to be a good corporate citizen and work cooperatively with each local community. This helps us respond to any concerns with conditions that create a successful energy development while supporting the City's community development objectives. Please give our application your approval so that we can all benefit from this wise new source of electricity for our homes and businesses. Sincerely, Dean Leischow Chief Executive Officer 601 Carlson Parkway, Suite 1050, Minnetonka, Minnesota 55305 612-293-9900 dean@Sunriseenergyventures.com act Sunrise 4relp ENERGY VENTURES Table of Contents Project Description.........................................................2 SiteLocation.................................................................................2 Comprehensive Land Use Plan and Zoning ................................... 2 Comprehensive Road System Plan...............................................4 Solar Ordinance and Solar Area....................................................4 ExistingConditions........................................................................5 On -Site and Nearby Land Use..................................................................... 5 Topography.................................................................................................. 6 Vegetation...................................................................................................6 Soils for Structures....................................................................................... 7 Suitability for Farming................................................................................. 7 SitePlan........................................................................................ 7 SiteAccess.................................................................................... 8 Grading, Drainage and Erosion Control........................................8 Wetlands and Streams..................................................................8 Visual Compatibility and Screening..............................................9 Solar Energy Conversion Panels..................................................11 Connection to the Xcel System...................................................12 TreeProtection...........................................................................12 Perimeter Fence..........................................................................12 Sign..............................................................................................12 Response to Ordinance Criteria......................................13 Construction...................................................................15 Operations and Maintenance........................................18 De -Commissioning, Restoration and Re -powering ........20 Noise Emissions..............................................................24 Conditional Use Permit Application 1 City of Cottage Grove ' Sunrise r" ENERGY VENTURES Project Description Site Location The site of the proposed community solar garden is west of Manning Avenue at 110`" Street as shown by Figure 1. Figure 1: Site Location Comprehensive Land Use Plan and Zoning The Comprehensive Land Use Plan map indicates that the site and nearby properties are guided in the Rural Residential classification, as shown by Figure 2. The site is zoned R-1. Figure 2: Land Use Plan Map Conditional Use Permit Application City of Cottage Grove AG -1 Figure 3: Zoning Map 10th St. :0 Sunrise Comprehensive Road System Plan No arterial or collector roads are planned through or adjacent to the development site, as illustrated by Figure 4. t ' Srte Figure4: Road Functional Class Plan Solar Ordinance and Solar Area The site is entirely within the Solar Area defined by Title 11, Chapter 4, Special Zoning Provisions, Section 10, Solar Collection Systems. The Solar Area and the site location are shown by Figure 5. 0 Solar Collection System Area = Development Site Site Figure 5: Solar Area and Development Site Conditional Use Permit Application 3 City of Cottage Grove s. Sunrise .4j0 ENERGY VENTURES Existing Conditions On -Site and Nearby Land Use The owner's house and accessory buildings occupy part of the site and will remain. Land uses near the site are agricultural or open (AG -0) and rural residential (R -R) as shown by Figure 6. The pattern of nearby parcels is shown by Figure 7. Figure 6: Nearby Land Use Figure 7: Nearby Land Parcels Conditional Use Permit Application 4 City of Cottage Grove _.� Sunrise Topography The western part of the site slopes gently toward an intermittent north -south stream Swale that bisects the site; the eastern portion is more steeply sloped. - f \ Figure 7: 0�5 � Topography Vegetation Vegetation on and near the site includes mature deciduous woods, wooded wind breaks, grass, shrubs and cultivated fields. Figure 8: Vegetation and Streams Conditional Use Permit Application 5 City of Cottage Grove ,WI \1190M Sunrise md ENERGY VENTURES Soils for Structures The soils on the site are sandy, well -drained and suited for the placement of solar collectors. The soils are sandy loam or loamy sand, according to the Soil Survey of Ramsey and Washington Counties, US Department of Agriculture. Suitability for Farming Despite favorable soils, the site is not considered prime for farming because of the small size and inefficient shape of its fields and the presence of the owner's house. Portions of the site have been cultivated in the past. Site Plan The site development plan for the community solar garden is shown by Figure 9. Approximately 31 acres of the 42 -acre site will be devoted to the facility. Figure 9: Site Development Plan Conditional Use Permit Application City of Cottage Grove C� . Zd%f, Sunrise �y woovvwmsre 601 Carlson Parkway Stan 1050 Minnetonka, MN 55305 Tel: (812) 293-0000 Fax: (612) 2033830 sunriseenergyventums.com project Cottage Grove Site Address: 11576 Point Douglas Rd S. Collage Grove, MN 55033 Legend Proposed Fence — ProWdy Boundary Property Llno Setback — Welland — Stream — — 8 Team Setback Line Proposed Access Road Pmposed Invader Solar Layout (Fixed Till System Suter Layout 'i (Tracker System) OPTION 1 - Priority 1 and Priority 2 Areas 1 MW Tracker Systems -0 1 MW Fixed Tilt Systems: 5 [7 t''"� Sunrise ;61� ENERGYVENTURES w Site Access Access to the site of the community solar garden will be shared with the Myers' residential driveway; there will not be a new driveway intersecting Manning Avenue. Gravel service lanes will be constructed among blocks of solar panel arrays. Grading, Drainage and Erosion Control Grading for the community solar garden will be limited to creating gravel service roads among the blocks of arrays and pads for the electrical inverters. The solar arrays can conform to the slopes and do not require that terraces be created because each solar array is installed by simply drilling posts into the ground. Normal steps will be taken to control erosion during and after the installation process, and these can be specified as conditions of the Permit. Disturbed soils will be returned closely to their original contours. The final site will be seeded with fast-growing grasses and mowed as necessary to prevent woody species from establishing. Consequently, the rate, volume and quality of the surface water runoff is expected to be improved from the present values generated by a plowed field of row crops. Emmons and Olivier Resources, Inc., will provide to the City, the Watershed and MnDOT hydrologic modeling calculations for rate control, volume control and water quality, including proposed pond locations. The submittal to be presented to the Minnesota Department of Transportation will ensure that peak discharge will not be increased for flows to the Highway 61 right-of-way. Wetlands and Streams Public Waters Wetlands There are no mapped public waters wetlands on the site according to a review of information provided by the Minnesota Department of Natural Resources and the US Fish and Wildlife Service National Wetland Inventory. There is a mapped wetland on the parcel to the south, but it is more than 100 feet from the southwest corner of the Myers property. Public Waters Streams One Public Waters Stream crosses the site just east of the Myers residence. This intermittent stream will not be directly impacted by the project, and a buffer of at least 50 feet will be maintained from its edge. Wetland Delineation Emmons and Olivier Resources, Inc., will conduct a "desktop" review of hydrology, soils, topography and historic aerial photography of the site and submit it to the South Washington Watershed District for review. The Watershed District will provide a written opinion whether any apparent wetlands exist in the cultivated fields, and that will be verified by field investigation and reviewed by the Watershed District. Prior to the start of construction, the Watershed District will issue a Wetland Conservation Act Notice of Decision on behalf of itself acting as the WCA Local Governing Unit. The wetland Conditional Use Permit Application 7 City of Cottage Grove Sunrise OkO ENERGY VENTURES permitting process will be coordinated with the Army Corps of Engineers, which has regulatory authority for Section 404 of the Clean Water Act, The Minnesota Department of Natural Resources may require permits through the Minnesota Public Waters program that they administer. Avoidance and minimization of all impacts to wetlands (if any) and public waters is being incorporated into the site design and implemented. Floodplain There is no floodplain mapped on the site by the Federal Emergency Management Administration. Nevertheless, the solar collectors and related components will be set a safe distance from the stream for mutual protection. Visual Compatibility and Screening The community solar garden will be visually compatible with its agricultural and rural residential neighborhood by virtue of these characteristics: • The solar collectors will be only 10 to 12 feet in height feet in height. The existing vegetation around the perimeter of the site will be retained. Figure 10, below, illustrates that views to the site from nearby houses are obscured by perimeter windbreak trees and shrubs, or trees and shrubs planted for visual privacy along those properties. Conifers will be planted to supplement the existing trees and shrubs between the solar arrays and nearby housing. The planting plan will consist of at least 82 Balsam Fir and/or White Spruce trees 6 to 8 feet in heights planted 10 feet on -center as illustrated by Figure 11. Our intention is to supplement the existing vegetation and fill the open stretches of the perimeter near the neighboring houses. We will work with the neighbors to select the exact locations for the trees. Images of these two species are shown below. BALSAM FIR I Abies balsamea WHITE SPRUCE I Picea glauca Conditional Use Permit Application 8 City of Cottage Grove Sunrise W,041 1 �` W� 41 ENERGY VENTURES Solar Energy Conversion Panels The typical solar energy conversion panel will be a fixed -angle model, 10 to 12 feet tall and arranged in arrays as illustrated by Figures 12 through 15. Figure 12: Typical Fixed -Angle Solar Arrays Figure 13: Typical Fixed -Angle Solar Arrays Figure 14: A Sunrise Community Solar Garden in another Community Figure 1S: Appearance of Typical Solar Panel Arrays in a Field Conditional Use Permit Application 11 City of Cottage Grove t' Sunrise .00 ENERGY VENTURES Connection to the Xcel System The proposed community solar garden will connect to the Xcel Energy grid at an existing distribution line that runs along the northeastern side of the right-of-way of Highway 61. The connection to the Xcel grid will be located under ground. Only three wires will ran overhead from the common coupling to the line existing along Highway 61. Tree Protection No trees will be removed from this site for the community solar garden. Ground Cover Sunrise Energy will use native plantings as ground cover. These grasses and forbs will enhance local biodiversity, consistent with the Pollinator Protection Pledge of the local solar power industry. They will be especially helpful to pollinator species such as bees and butterflies. The ground cover will be kept mowed to a workable height, and noxious weeds will not be allowed to flourish and spread into nearby farm fields. Perimeter Fence A black -coated, galvanized chain-link perimeter fence will be installed for safety and security. The fence will be 6 feet tall, topped with three strands of barbed wire. The fence alignment is illustrated by Figure 8, Site Plan. The fence will only encompass the facility and will be located toward the interior of the site relative to existing perimeter trees and shrubs in order to maintain that vegetation and obscure the view of the fence. Sign A small freestanding identification sign will be erected near the entrance to the site. The sign will be within the height and size limits of City Code 9-8, Signs. Conditional Use Permit Application 12 City of Cottage Grove t' Sunrise zijv ENERGY VENTURES Response to Ordinance Criteria In order to aid in the review process, please give a DETAILED response to the following ordinance criteria on this form or on separate exhibits. Your ability to meet the criteria is what the Planning Commission/City Council is required, in part, to base their review, so be specific. A. Will the use be in conformity with the City's Comprehensive Plan and with the purpose, intent, and applicable standards of the Zoning Ordinance? Explain. Yes. The site is within the Solar Collection System Area. It is not in a Transition Area. Itis planned for Rural Residential development. Itis not prime farmland because of the size and configuration of the fields. The following elements promote conformance with the Comprehensive Plan and Zoning Ordinance: ■ The site is entirely within the Solar Area defined by Title 11, Chapter 4, Special Zoning Provisions, Section 10, Solar Collection Systems. ■ The site is more than 5 acres in size. ■ The site is located nearly two miles from the Metropolitan Urban Service Area, planned Rural Residential and zoned R-1. A community solar garden is allowed by Conditional Use Permit in any zoning district that is in the Solar Collection System Area. ■ The site is not productive for agriculture because of the small size and odd configuration of its fields. ■ The solar collectors will meet or exceed the setback for a Principal Use. • The solar collectors will be 10 to 12 feet tall, will meet all electrical standards and will have all necessary certifications. Please refer to the section, Solar Energy Conversion Panels, above. ■ The solar collectors could be removed in approximately 25 years, as the contract for power purchase by Xcel Energy will expire at that time. The entire site would then be available for urban development, although it seems doubtful that sewered development will reach this location by then. Please refer to the section, De - Commissioning, below. ■ Generating electricity for local use through an inexhaustible, non-polluting source, the sun, is consistent with the City's stated objectives for sustainability. B. The use shall be located, designed, maintained and operated to be compatible with the existing or intended character of that zoning district in which it is located. How does the proposed use fit these criteria? The community solar garden will consist of structures 10 to 12 feet tall, They will not move and will make minimal noise. There will be virtually no facility traffic to or from the site once construction is complete. Existing and planned perimeter landscaping will obscure views from nearby housing. Please refer to the sections, Visual Compatibility, and Nearby Land Use, above. C. The use shall not depreciate values of surrounding property. Explain effects of the proposed use on surrounding property values. It is unlikely that the community solar garden will decrease nearby property values as they will be barely noticeable because of existing and proposed vegetation, low height, silent operation and lack of traffic. Conditional Use Permit Application 13 City of Cottage Grove t' Sunrise ENERGY VENTURES D. The use shall not be hazardous, detrimental or disturbing to present and potential surrounding land uses due to noises, glare, smoke, dust, odor, fumes, water pollution vibration, general unsightliness or other nuisances. Explain effects of proposed use. The site will be kept neat and clean. The ground cover will be grass, which will be periodically mowed. There is minimal glare produced. Surface water runoff will be less than under its present use as a cultivated field. The existing creek will not be disturbed and required buffers will be protected. E. The use shall generate only minimal vehicular traffic on local streets as defined by the Transportation Element of the Comprehensive Plan. The use shall not create traffic congestion, unsafe access, or parking needs that will cause inconveniences to the adjoining properties. Explain the transportation needs for the proposed use. There will be virtually no facility traffic to the site once construction is complete. F. The use shall be served adequately by essential public services such as streets, police, fire protection and utilities. Explain how the proposed use will be served. Demands on City services will be absolutely minimal. No new public streets, sewer lines or water lines will be needed. Police and fire protection services are not likely to be needed. G. The use shall not create excessive additional requirements at public cost for public facilities and services and shall not be detrimental to the economic welfare of the City. Justify this statement. No public investments or expenses will be needed for the community solar garden. The solar equipment will be subject to real property taxes and a production tax in lieu of personal property taxes. H. The use shall preserve and incorporate the site's important natural and scenic features into the development of adjacent vacant land. Will these criteria be met? The streams on the site will be protected and buffered. Soil erosion will be reduced from present levels. No trees will be removed. Please refer to the section, Site Plan, above. I. The use shall cause minimal adverse environmental effects. List any effects. No adverse environmental effects will be generated. J. -------- --- - ---------- ------- ---------- ----- --------------- The use shall not adversely affect the potential development of adjacent vacant land. List any potential problems. The community solar garden will not interfere with the development of nearby properties. Most adjacent land is zoned Agricultural. There are no collector or arterial roads planned along the perimeter or through the site. The solar collectors could be removed from the site long before serviced urban development reaches the vicinity. Conditional Use Permit Application 14 City of Cottage Grove ,owm t�' ,, Sunrise =00 ENERGY VENTURES Construction Site Preparation Construction of the community solar garden will include stabilizing the construction entrances and exits and access road and establishing the parking and staging areas for vehicle and equipment storage / laydown and maintenance. The laydown areas will be used for pre - assembly of components and materials storage and staging. These areas will also provide construction worker parking. The site access roads will remain in place for the operational phase of the Project. The extent of grading will be determined during final design. Grading will be minimized to the extent practicable. Typically, grading will consist of small cut and fill areas needed to reshape slopes to allow for photovoltaic modules to be installed within a range of 4 to 7 feet off of the ground when at their zero -degree position for trackers, which is when they are horizontal to the ground. Fixed tilt systems would always be the same distance from the ground. Their maximum height when tilted will be 12 feet. Some grading will also be required for structure foundations, but grading for access roads will be limited to removal of unsuitable soils since they will be designed and constructed at -grade when possible. Dust suppression on access roads will follow MPCA guidelines. During final design, the location of stripped and stockpiled topsoil may be removed during grading will be designated. Soil stockpiles could be as tall as 6 feet. During decommissioning, the stripped and stockpiled topsoil will be replaced following the de -commissioning plan. General facility grading will occur in entrance access areas and preparation of the staging / lay down area. The temporary staging / lay down areas will be about 4 to 5 acres and located at various locations within the facility. The staging/lay down areas will be used for storage of construction materials and shipped equipment containers, receiving construction deliveries, and temporary parking for Project related vehicles. A temporary construction office trailer will be located at the facility during construction. PV Equipment Installation Facility construction is designed for minimal site grading. Site grading and drainage will be conducted in accordance with the grading and drainage plan approved by the County and the State. The Project will be constructed using photovoltaic (PV) modules mounted on single axis trackers on embedded post foundations. Electrical Power Collection and Distribution System The PV modules will convert sunlight into direct current (DC) electricity, The PV -generated DC power will be collected from each of the multiple rows of PV modules through one or more combiner boxes and conveyed to an inverter. The inverter will convert the DC power to alternating current (AC) power, which will then flow to a medium -voltage transformer that converts the output of the inverter to 480 volts. Multiple medium -voltage transformers will be connected in a daisy -chain configuration and power will be delivered to the onsite main distribution switchgear from separate 34.5kV circuits. This switchgear acts as the primary Conditional Use Permit Application 15 City of Cottage Grove Sunrise ZZjX ENERGYVENTURES interconnection point, after which power is transmitted to the utility -owned grid via overhead power lines. h,verters, Transformers and switchgear will be mounted on poured concrete foundations. Roads Access to the Project will be from Highway 61 at a driveway shared with existing farm road. Fencing The project site will be fenced with 6 -foot -tall chain link fencing to secure the facility. Entry gates will be provided at several locations. Heavy Equipment Sunrise Development estimates that there will be between 15 and 35 large trucks used daily for equipment delivery during construction. Light duty trucks will also be used on a daily basis for transportation of construction workers to and from each facility. Construction equipment such as scrapers, bulldozers, dump trucks, watering trucks, motor graders, vibratory compactors, backhoes and the following will be used during construction: ■ Skid steer loader ■ Vibratory post driver ■ Medium duty crane ■ All -terrain forklift ■ Concrete truck and boom truck ■ High reach bucket truck • Truck -mounted auger or drill rig. Table 1 Construction Timeline for the Project Day Elapsed Construction Milestones + 1 Project approval and construction begins: ■ Installation of job facility trailers, temporary restroom facilities ■ Gradingand vegetation clearing where necessary, ■ Preparation of roadways, staging/lay down yards, ■ Installation of piers and racking (installation possible year round) +60 Footings in place +90 Primary wiring completed +120 Control wiring completed +150 Start acceptance testing +180 Generation operational. Regular NPDES / SWPPP inspection during and after construction. Provide to the City an as -built drawing for the drainage improvements Conditional Use Permit Application 16 City of Cottage Grove ;W Sunrise X04 ENERGY VENTURES Solar Equipment Installation The solar energy system (arrays, collection and distribution systems) will be installed along with access roads after site preparation. The solar facility will be constructed in blocks, and multiple blocks will be constructed simultaneously. The Project will be constructed in approximately six months. Electrical testing and equipment inspections will be conducted prior to beginning commercial operations. As portions of the Project near completion, temporary staging and lay down areas will be vacated, and disturbed areas will be reseeded and re -vegetated. Once installation is complete, the primary staging areas will be reduced in size and the supply structure and associated permanent infrastructure will be constructed. All toilet facilities are temporary; no permanent restroom facilities or septic systems are needed for operation of the Project. After construction, temporarily disturbed areas within the Project will be restored to their pre - construction condition. The Project facility will be graded to pre -construction grades where possible, and soil will be loosened and seeded with low -growing perennial grass and forb species. Once construction is complete, the permanent access roads within the Project facility will be repaired and dressed as necessary to ensure their long-term function. Erosion control methods during and after construction will depend on the contours of the land, as well as requirements of relevant permits. Sunrise anticipates that the post -construction clean-up and Facility restoration activities will last approximately two to four weeks. Telecommunication Line and Other Construction A redundant set of telecommunication lines will be installed via an overhead utility pole to the facility. This will connect and interact with the Xcel's electrical system. Sunrise coordinates with Xcel and/or the local telecommunications utility to arrange for a connection to the existing system. Conditional Use Permit Application 17 City of Cottage Grove r'"= Sunrise ZA:P ENERGYVENTURES Operations and Maintenance The expected service life of the proposed facility is 25 to 30 years, and Sunrise estimates that the Project will result in one to two FTE permanent positions to operate and maintain this Project along with other projects owned by Sunrise in the area. A maintenance plan will be created for the Project to ensure ongoing performance, including a scheduled check of the facility's components and a predictive maintenance approach for the devices subjected to derating / degradation. Derating / degradation refer to the known process of components losing efficiency over the expected useful life. Like all technology and physical components, a certain amount, sometimes 20 percent, of this efficiency loss is unavoidable over the expected component life. Sunrise will plan for and maintain the facility to ensure the maximum performance over the expected life of the components. Once construction is complete, staff will be present on a daily basis, with potentially more personnel at the facility at intervals associated with the maintenance . All maintenance activities will be performed by qualified personnel during the day to the extent that they do not significantly disrupt energy production. Activities that have the potential for substantial noise generation will be performed during the day to minimize impacts to residents. It may be desirable to perform certain maintenance functions after sunset to minimize loss of power production. If a particular PV module, tracker row or tracker block within the community solar garden needs repairing, only that particular component will need to be disconnected and will be done by opening the combiner box circuit. The PV module can then be replaced and the combiner box circuit closed. Because of the modular way the that community solar garden components are assembled and controlled, a temporary shutdown such as this would result in only a minimal loss of energy production. Additionally, the power production circuits are separated from the tracking circuits. This allows the PV modules to operate during an unscheduled outage of the tracker system. A reserve of spare parts, components and tools for maintenance will be kept at a supply structure. Equipment Inspection Equipment inspection will occur at regular intervals, including: ■ PV modules: visual check of the PV modules, tracking system and surrounding grounds to verify the integrity of the PV modules and racking structure, or the presence of animals and nests, etc.; ■ Inverters, transformer and electrical panels: visual check of the devices including the connection equipment and the grounding network. ■ Check for presence of water and dust; ■ Electrical check: measurement of the insulation level and dispersion. ■ Check of the main switches and safety devices (fuses); ■ Noise: check of abnormal sounds; ■ Cabling and wiring: visual check of electrical lines (where visible) and connection box to verify its status. Conditional Use Permit Application 18 City of Cottage Grove ''`" Sunrise 1 ENERGY VENTURES Performance Monitoring Performance monitoring will consist of a real-time and continuous assimilation of the data acquired by the facility meteorological station, energy meter and SCADA system. Operators and or maintenance personnel will be immediately notified of abnormalities so timely corrective action such as repair or replacement on: modules, racking, the collection system, and etc., can occur. Facility Maintenance Routine maintenance of the Project will include road maintenance, fence and gate inspection, and lighting system checks. Module washing is not needed on a scheduled basis. Rain keeps the modules sufficiently clean and the site is vegetated to keep dust down so that washing modules would occur infrequently and only as determined by maintenance technicians. Snow and ice removal is not needed. The trackers and modules are designed to shed rain, snow and ice. Vegetation maintenance will include scheduled mowing and spot spraying weeds using registered herbicides. Maintenance Frequency The electrical and mechanical components of the community solar garden would be checked on a regular basis to ensure safety and reliability. The maintenance schedule would range from weekly to yearly depending on the component. Conditional Use Permit Application 19 City of Cottage Grove Sunrise X60 ENERGYVENTURES De -Commissioning, Restoration and Repowering At the end of commercial operation, Sunrise will be responsible for decommissioning by removing all of the arrays and equipment. Decommissioning of the Project at the end of its useful life, estimated to be approximately 25- 30 years, as shown in Table _, would include removing the arrays, inverters, transformers, above -ground portions of the electrical collection system, fencing, lighting, and supply structure from the Project. Standard decommissioning and restoration practices will be used, including dismantling and repurposing, salvaging, recycling or disposing of the solar energy improvements, and restoration. Land returned to agricultural production will be reclaimed to restore topsoil that may have been scraped and stockpiled from areas that are designated in the fmal design plan. Table 2 De -Commissioning Plan Summary Phase Facility Timeline Decommissioning is estimated to take approximately six (6) months to complete. The decommissioning crew will ensure that all equipment is recycled or disposed of properly. Financial Sunrise will be responsible for all costs to decommission the Resource Plan Project. Because of the uncertainty in predicting future decommissioning costs and salvage values, Sunrisewill review and update the original decommissioning plan that was approved by the City closer to the end of the Project's life. Sunrise will abide by the applicable condition(s) and ensure the Project is decommissioned in accordance with the Conditional Use Permit. Removal and The removal and disposal of the Project components are found Disposal of below. Project Components Photovoltaic Modules PV modules will be inspected for physical damage, tested for functionality, and removed from racking. Functioning PV modules will be packed and stored for reuse. Non-functioning PV modules will be sent to the manufacturer or a third party for recycling or other appropriate disposal method. Racking, Poles Racking, utility poles, and fencing will be and Fencing dismantled/removed and will be sent to a metal recycling facility. Holes will be backfilled with soil from the Project facility. Wire Above -ground wire will be sent to a facility for proper disposal and/or recycling. Below - Conditional Use Permit Application 20 City of Cottage Grove Sunrise Z404 ENERGY VENTURES Phase Facility ground wire will be cut back to a depth of two to three feet below grade and abandoned in place. Conduit Above -ground conduit will be disassembled at the Project and sent to a recycling facility. Junction Boxes, The boxes will be sent to an electronics Combiner recycler. Boxes, External Disconnect Boxes, etc, Inverters Functioning inverter parts will be re -used. Non-functioning inverters will be sent to the manufacturer or an electronics recycler as applicable. Concrete Pads Material from concrete pads will be removed and sent to a concrete recycler. Computers, Computer components will be sent to an Monitors, Hard electronics recycler and functioning parts will Drives and be reused. Similar Restoration After all equipment is removed, the Project site will be restored and to a condition similar to its pre -construction use if the Project Reclamation of site will once again be used for agricultural. If holes are created the Site when infrastructure is removed, they will be back-filled and covered with topsoil. Concrete pads and all other equipment will be removed and disposed of as described above. Unless requested otherwise, permanent access roads constructed on the Project will be removed. Topsoil that was stripped and relocated to designated areas on the site during construction will be re -worked to cover exposed subsoils. Project Components The activities involved in the facility closure would depend on the expected future use of the site. Certain facility equipment and features such as transmission facilities, roads, and drainage features, may be left in place for future uses. The future use will be determined at the point that decommissioning is determined to be in order. The key Project components to be affected by decommissioning activities are discussed below. The general decommissioning approach would be the same whether a portion of the Project or the entire Project would be decommissioned. Conditional Use Permit Application 21 City of Cottage Grove t' Sunrise Ir"O ENERGY VENTURES Decommissioning Preparation The first step in the decommissioning process would be to assess existing site conditions and prepare the site for demolition, access roads, fencing, electrical power, and other facilities will temporarily remain in place for use by the decommissioning workers until no longer needed. Demolition debris will be placed in temporary onsite storage area(s) pending final transportation and disposal and/or recycling according to the procedures listed below. Permits and Approvals Depending on the regulatory requirements at the time of decommissioning, permits or approvals may be required for the decommissioning activities. The project will not impact waters of the United States or Threatened or Endangered species, so no federal approvals are expected. Appropriate applications for approvals would be submitted and approves issued prior to decommissioning activities. Erosion Control Prior to commencement of decommissioning activities, erosion control measures would be implemented. The type and extent of these measures would be dictated by the regulatory requirements at the time of decommissioning. Health and Safety A Health and Safety Plan will be developed prior to decommissioning activities. The plan will be designed to ensure worker and public safety during decommissioning. A Health and Safety Manager will be assigned to the decormnissioning 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 from the site and disposed of at an appropriately licensed disposal facility. Above ground portions of the PV module supports will be removed. Below ground portions of the PV module supports will be removed entirely where practical. Those supports that are more firmly anchored (e.g., such as embedded in bedrock) may be cut off below grade, and the remaining support left in place. This will avoid impact of underground equipment on future farming activities. The demolition debris and removed equipment may be cut or dismantled into pieces that can be safely lifted or carried with the onsite equipment being used. The debris and equipment will be processed for transportation and delivery to an appropriately licensed disposal facility or recycling center. No hazardous materials or waste will be used during operation of the solar facility, and disposal of hazardous materials or waste will not be required during decommissioning. Electrical Power Connection/Distribution System All electrical equipment, including combiner boxes, inverters, transformers, and switchgear, will be de- energized and dismantled and removed. AC power equipment can be de -energized Conditional Use Permit Application 22 City of Cottage Grove ,,OW Sunrise .00 ENERGY VENTURES by the utility at point of interconnection and safely removed, and DC power can be de - energized by first operating the combiner box disconnects and then unplugging module leads. The cast -in-place concrete foundations will be broken up, removed and recycled. The underground distribution cables and raceways will be cut below grade and will remain in place. Roads Onsite roads will remain in place to accomplish decommissioning at the end of the Project's life. At the time of decommissioning, if the City of Cottage Grove determines that some of these roads will be beneficial for future use of the site; those roads may remain after decommissioning. Roads that will not be used will be restored. If there are any gravel roads or parking areas, the gravel would be removed and shipped to an appropriate disposal site. The area of the roads will be graded, consistent with existing land contours. Fencing Project site perimeter fencing will be removed at the end of the decommissioning project. to return the site to pre -project condition. Site Restoration Once removal of all Project equipment is complete, any excavated areas from post or equipment removal will be backfilled with native soil. Any areas backfilled or otherwise disturbed will be stabilized and reseeded. Future Land Use While the decommissioning plan is based upon the site being returned to a condition consistent with pre -construction use, the actual activities involved in the facility closure would depend on the actual future use of the site. Certain facility equipment may be used in the future, such as the transmission facilities and roads. Therefore, the actual extent of site closure activities would be determined at the time of the closure. Project Decommissioning Costs and Bonding For the purpose of bonding, an estimate of the cost of decommissioning the Project will be presented to the City. Funding mechanisms to cover the estimated cost of implementing this Decommissioning Plan shall be secured in the form of a corporate guarantee. Every ten years, over the life of the Project, an updated estimate of decommissioning costs will prepared by Sunrise to adjust for inflation. Decommissioning Schedule Decommissioning activities will be completed prior to expiration of the life of the community solar garden. Conditional Use Permit Application 23 City of Cottage Grove Noise Emissions Noise Emitted by the Project During Project construction, noise will be emitted by the construction vehicles and equipment, including vibratory pile drivers for installation of piers. The equipment noise will in the 80 to 90s dBA range, which will vary based on the type of construction that is occurring on a given day. These noise impacts will be temporary during the Project construction phase. Since this is a solar photovoltaic facility, operational noise is generated during daylight periods. There will be limited maintenance noise after sunset. During Project operation, the main source of noise will be generated by the electric inverters, and to a lesser extent from the transformers and rotation of the tracking system. All electrical equipment will be designed to National Electrical Manufacturer Association (NEMA) Standards. Sunrise plans to use AE 1000NX, or equivalent, inverters. These inverters produce 65 dBA of sound at their source. The noise generated from the inverters at 30 feet away will be below the nighttime residential MPCA noise standards. Inverters are centrally located within the 1 MW -AC CSG; therefore, the noise levels from the Project equipment are not expected to be discernible from background noise levels at homes surrounding the Project. During final design, Sunrise will confirm that MPCA noise standards will be met at sensitive receiver (homes, parks, schools businesses, etc.). Mitigation Measures Noise will be mitigated during construction by maintaining engine mufflers following manufactures specifications. Sunrise plans to limit construction to daylight hours. During operation, no adverse noise impacts are anticipated. Therefore, no additional mitigation measures are proposed. Noise Description Noise is defined as unwanted sound. Tt may consist of sound from a single source and intensity or a combination of many frequencies and intensities. Noise is measured in units of decibels (dB) on a logarithmic scale. Because human hearing is not equally sensitive to all frequencies of sound, certain frequencies are given more weight. The A -weighted scale (dB(A)) is used to reflect the selective sensitivity of human hearing. This scale puts more weight on the range of frequencies that the average human ear perceives, and less weight on those that we do not hear as well, such as very high and very low frequencies. Common sound sources within an agricultural and/or rural environment include, but are not limited to, sound from motorized farm equipment, sound generated from traffic on roadways, sounds from birds, and wind passing through vegetation. Typically, the ambient acoustic environment of a rural or agriculturally -oriented area has equivalent continuous sound levels (Leq), which is an energy- based time -averaged noise level, ranging from 30 dB(A) to 60 dB(A). A comparison of common noise- generating sources is outlined in Table _. Conditional Use Permit Application 24 City of Cottage Grove Table 3 Decibel Levels of Common Noise Sources Sound Pressure (dBA) Noise Source 140 Jet Engine at 25 meters) 130 J et Ai rcraft (at 100 meters) 120 Rock and Roll Concert 110 Pneumatic Chipper 100 Jointer/Planer 90 Chainsaw 80 Heavy Truck Traffic 70 Business Office 60 Conversational Speech 50 Library 40 Bedroom 30 Secluded Woods 20 Whisper Source: "A Guide to Noise Control in Minnesota" MPCA (2008). The MPCA has authority to adopt noise standards pursuant to Minnesota Statutes Section 116.07, subd. 2(c). The adopted standards are set forth in Minnesota Rule 7030. The MPCA standards require A -weighted noise measurements. Different standards are specified for daytime (7:00 AM to 10:00 PM) and nighttime (10:00 PM to 7:00 AM) hours. The noise standards specify the maximum allowable noise volumes that may not be exceeded for more than 10 percent of any hour (1,10) and 50 percent of any hour (1,50). Household units, including farmhouses, are included in Land Use Classification NAC -1. Table 5 shows the MPCA State Noise Standards. Table 4 State Noise Standards Conditional Use Permit Application 25 City of Cottage Grove Daytime Nighttime Land Use Classification L10 L50 L10 L50 Residential NAC -1 65 60 55 50 Commercial NAC -2 70 65 70 65 Industrial NAC -3 80 75 80 75 Conditional Use Permit Application 25 City of Cottage Grove Sunrise ENERGY VENTURES Response to Ordinance Criteria In order to aid in the review process, please give a DETAILED response to the following ordinance criteria on this form or on separate exhibits. Your ability to meet the criteria is what the Planning Commission/City Council is required, in part, to base their review, so be specific. 11 A. Will the use be in conformity with the City's Comprehensive Plan and with the purpose, intent, and applicable standards of the Zoning Ordinance? Explain. Yes. The site is within the Solar Collection System Area. It is not in a Transition Area. It is planned for Rural Residential development. It is not prime farmland because of the size and configuration of the fields. The following elements promote conformance with the Comprehensive Plan and Zoning Ordinance: ■ The site is entirely within the Solar Area defined by Title 11, Chapter 4, Special Zoning Provisions, Section 10, Solar Collection Systems. ■ The site is more than 5 acres in size. ■ The site is located nearly two miles from the Metropolitan Urban Service Area, planned Rural Residential and zoned R-1. A community solar garden is allowed by Conditional Use Permit in any zoning district that is in the Solar Collection System Area. ■ The site is not productive for agriculture because of the small size and odd configuration of its fields. ■ The solar collectors will meet or exceed the setback for a Principal Use. • The solar collectors will be 10 to 12 feet tall, will meet all electrical standards and will have all necessary certifications. Please refer to the section, Solar Energy Conversion Panels, above. • The solar collectors could be removed in approximately 25 years, as the contract for power purchase by Xcel Energy will expire at that time. The entire site would then be available for urban development, although it seems doubtful that sewered development will reach this location by then. Please refer to the section, De - Commissioning, below. • Generating electricity for local use through an inexhaustible, non-polluting source, the sun, is consistent with the City's stated objectives for sustainability. 11. The use shall be located, designed, maintained and operated to be compatible with the existing or intended character of that zoning district in which it is located. How does the proposed use fit these criteria? The community solar garden will consist of structures 10 to 12 feet tall. They will not move and will make minimal noise. There will be virtually no facility traffic to or from the site once construction is complete. Existing and planned perimeter landscaping will obscure views from nearby housing. Please refer to the sections, Visual Compatibility, and Nearby Land Use, above. C. The use shall not depreciate values of surrounding property. Explain effects of the proposed use on surrounding property values. It is unlikely that the community solar garden will decrease nearby property values as they will be barely noticeable because of existing and proposed vegetation, low height, silent operation and lack of traffic. Conditional Use Permit Application 13 City of Cottage Grove 1 Sunrise Ap D. The use shall not be hazardous, detrimental or disturbing to present and potential surrounding land uses due to noises, glare, smoke, dust, odor, fumes, water pollution vibration, general unsightliness or other nuisances. Explain effects of proposed use. The site will be kept neat and clean. The ground cover will be grass, which will be periodically mowed. There is minimal glare produced. Surface water runoff will be less than under its present use as a cultivated field. The existing creek will not be disturbed and required buffers will be protected. E. The use shall generate only minimal vehicular traffic on local streets as defined by the Transportation Element of the Comprehensive Plan. The use shall not create traffic congestion, unsafe access, or parking needs that will cause inconveniences to the adjoining properties. Explain the transportation needs for the proposed use. There will be virtually no facility traffic to the site once construction is complete. F. The use shall he served adequately by essential public services such as streets, police, fire protection and utilities. Explain how the proposed use will be served. Demands on City services will be absolutely minimal. No new public streets, sewer lines or water lines will be needed. Police and fire protection services are not likely to be needed. G. The use shall not create excessive additional requirements at public cost for public facilities and services and shall not be detrimental to the economic welfare of the City. Justify this statement. No public investments or expenses will be needed for the community solar garden. The solar equipment will be subject to real property taxes and a production tax in lieu of personal property taxes. H. The use shall preserve and incorporate the site's important natural and scenic features into the development of adjacent vacant land. Will these criteria be. met? The streams on the site will be protected and buffered. Soil erosion will be reduced from present levels. No trees will be removed. Please refer to the section, Site Plan, above. I. The use shall cause minimal adverse environmental effects. List any effects. No adverse environmental effects will be generated. ------------------------------------------------ J. ---- -------- The use shall not adversely affect the potential development of adjacent vacant land. List any potential problems. The community solar garden will not interfere with the development of nearby properties. Most adjacent land is zoned Agricultural. There are no collector or arterial roads planned along the perimeter or through the site. 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