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HomeMy WebLinkAboutResolution 2016-95 Solar IUP ResolutionCity of Corcoran County of Hennepin State of Minnesota Motion By: LaFave Seconded By: Thomas December 19, 2016 APPROVING AN INTERIM USE PERMIT FOR MINNESOTA SOLAR FOR A COMMUNITY SOLAR GARDEN AT 23710 STATE HIGHWAY 55 (PID 31-119-23-32-0001) (CITY FILE 16-032) WHEREAS, the Minnesota Solar has requested approval of an interim use permit to allow a Community Solar Garden at property legally described as follows: That part of the Southwest Quarter, Section 31, Township 119, Range 223 EXCEPT that part thereof described as follows: Beginning at a point on the west line of said Southwest Quarter 379.48 feet North of the southwest comer thereof- thence East and parallel with the south line of said Southwest Quarter 751.4 feet,- thence South and parallel with the west line of said Southwest Quarter to the northerly line of State Trunk Highway No. 55,- thence Westerly along said northerly line to its intersection with the west line of said Southwest Quarter,- thence North along said west line to the point of beginning. WHEREAS, the Planning Commission has reviewed the interim use permit at a duly called Public Hearing and recommends approval, and; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORCORAN, MINNESOTA, that it should and hereby does approve the request for an interim use permit, subject to the following findings and conditions: 1. An interim use permit is approved to allow a community solar garden, in accordance with the application received by the City on October 25, 2016 and revisions received on November 8, 2016, December 1, 2016 and December 9, 2016, except as amended by this resolution. 2. An interim use permit to allow for a community solar garden is approved, subject to the finding that the project meets the ordinance standards in Section 1070.020, Subd. 2 and Section 1060.110 of the Zoning Ordinance. Specifically: a. The application demonstrates compliance with the Comprehensive Plan and with the goals for public facilities and capital improvement plans. Chapter 4, Section 8 of the Comprehensive Plan states that the "City of Corcoran will protect [solar] access by requiring minimum standards for lot sizes, amounts of open space, yard setbacks, and maximum height of buildings for urban residents that create the opportunity for all building owners to develop solar energy facilities if desired. The proposed facility will have no impact on public facilities or capital improvement plans. While the facility is proposed on a site guided for industrial uses, the Zoning Ordinance limits the amount of solar in industrial-guided properties by requiring solar development in those areas identified for sewer staging in 2015 and beyond. In 30 years, the applicant will need to remove the use or return to Council to renew the Interim Use Permit. Page 1 of 4 City of Corcoran County of Hennepin State of Minnesota December 19, 2016 b. The establishment, maintenance or operation of the use will promote and enhance the general public welfare and will not be detrimental to or endanger the public health, safety, morals or comfort. Community solar gardens do not produce nuisance conditions such as noise or pollution and need minimal maintenance. The community solar garden will promote and enhance the general public welfare because the Zoning Ordinance requires the applicant to provide a mix of vegetation beneath the solar array that provides beneficial habitat for gamebirds, songbirds, and pollinators and that reduces stormwater runoff and erosion at the solar generation site. c. The use will have no impact to property values on property in the immediate vicinity of the proposed location. d. The establishment of the use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district. The property adjacent to the proposed community solar garden is also guided urban reserve, however, the parcels are currently developed as mini storage. If the mini-storage units were to be redeveloped the solar garden would not impact development of residential units on those parcels. e. The community solar garden does not require public facilities or services, therefore this condition is met. f. The use conforms to the applicable regulations of the UR District and to the performance standards of Section 1060.110 (Solar Energy Systems). g. The use and site conforms to the performance standards specified by this Chapter. h. The use is allowed as an interim use in the respective zoning district. Community solar gardens are allowed as an interim use in the UR District when the parcel is guided Light Industrial and identified for staging in 2015 and beyond in the Sewer Staging Plan in the 2030 Comprehensive Plan. i. The date or event that will terminate the use can be identified with certainty. j. The use will not impose additional unreasonable costs on the public. 3. Notwithstanding any provision in the zoning regulations to the contrary, the interim use for a community solar garden shall terminate upon any of the following events, whichever occurs first: a. The IUP shall terminate 30 years from the date of approval by City Council; b. Upon violation of the conditions under which the permit was issued; c. The redevelopment of the use and property upon which it is located to a permitted or conditional use as allowed within the respective zoning district; d. The solar garden is abandoned or ceases operation for a continuous period of 12 months. Page 2 of 4 City of Corcoran County of Hennepin State of Minnesota December 19, 2016 4. The applicant shall install photovoltaic panels that have an anti-reflective coating, textured glass, or equivalent material that demonstrates a reduction in the potential for after-image, as defined by Sandia National Laboratories. 5. No approvals are granted for impacts to wetlands. The applicant is responsible for coordinating with Elm Creek Watershed Management Commission for any required wetland or stormwater permits. 6. Prior to the issuance of permits, the applicant shall: a. Submit detailed drawings of photovoltaic panels and associated infrastructure to the City. b. Revise plans to demonstrate compliance with Section 945.060, Subd. 1 (Other Utilities) of the Subdivision Ordinance. c. Demonstrate compliance with the conditions of the City Engineer Memo dated November 22, 2016. d. Demonstrate compliance with the conditions of the memo from the Minnesota department of Transportation dated November 10, 2016. e. Provide proof of ECWMC approval for the project. f. Provide an updated maintenance plan for staff review and approval. g. Comply with all conditions in the public safety memo dated November 23, 2016. h. The applicant shall revise the plans provide on-site landscaping on the north and west boundary of the project site that complies with the required number of trees and shrubs specified in Section 1060.110, Subd. 3. A. 8 of the Zoning Ordinance. i. Record the approving resolution at Hennepin County and provide proof of recording to the City. j. Obtain all necessary approvals from MNDOT for work in the public right-of-way. k. Submit electronic files of the survey and site plan prepared by Westwood Engineering to the City in AutoCAD format. I. Provide a performance bond in the amount of $510,829 for decommissioning estimated by Westwood Engineering in the decommissioning plan dated December 1, 2016. The performance bond shall have an automatic renewal close for the 30 year life of the project and must be submitted for review and approval by the City Attorney. 7. Approval shall expire within one year of the date of approval unless the applicant commences the authorized use and completes the required improvements. Page 3 of 4 City of Corcoran County of Hennepin State of Minnesota VOTING AYE ® Guenthner, Ken ® Hank, Pat ® Keefe, M i ke ® LaFave, Tonya ® Thomas, Ron December 19, 2016 RESOLUTION NO. 2016 -95 VOTING NAY ❑ Guenthner, Ken Ej Hank, Pat El Keefe, Mike [:] LaFave, Tonya ❑ Thomas, Ron Whereupon, said Resolution is hereby declared adopted on this 19th day of December 2016. Kenneth Guenthner - Mayor ATTEST: Jessica Beise _ City Clerk /Administrative Services Coordinator Page 4 of 4 City Seal