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HomeMy WebLinkAboutResolution 2017-22 Sunrise Solar CR 50 IUP Resolution RevisedCity of Corcoran County of Hennepin State of Minnesota Motion By: LaFave Seconded By: Keefe June 22, 2017 APPROVING AN INTERIM USE PERMIT FOR "SEV MN 2, LLC" FOR A COMMUNITY SOLAR GARDEN 23850 COUNTY ROAD 50 (PID 1911923320001) (CITY FILE 17-007) WHEREAS, the SEV MN 2, LLC has requested approval of an interim use permit to allow a Community Solar Garden at property legally described as follows: The West Half of the Southwest Quarter of Section 19, Township 119 North, Range 23 West of the Fifth Principal Meridian. 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 March 16, 2017 and revisions received on April 4, 2017, May 16, 2017, May 17, 2017 and May 18, 2017, except as amended by this resolution. 2. An interim use permit to SEV MN 2, LLC 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. b. The application demonstrates compliance with the Comprehensive Plan goals for solar access and with the goals for public facilities and capital improvement plans. 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 known impact to property values on property in the immediate vicinity of the proposed location. Due to the passive nature of the solar farm (it does not generate Page 1 of 5 City of Corcoran County of Hennepin State of Minnesota June 22, 2017 noise, pollution, change in climate), there is limited data to suggest that property values would be negatively impacted. 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 surrounding properties are also in the RR District which is primarily agricultural uses today and can be developed with single family homes. e. The community solar garden does not require public facilities or services. f. The use conforms to the applicable regulations of the RR 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 the Solar Ordinance. 3. The Zoning Ordinance allows Community Solar Gardens as Interim Uses in the RR Zoning District. 4. No approvals are granted for impacts to wetlands. The applicant is responsible for coordinating with Elm Creek Watershed Management Commission for any required wetland of stormwater permits. 5. The applicant shall provide a revised glare study with points placed every 100 feet along County Road 50 from the western boundary of the property to County Road 19. In addition, additional glare study points every 100 feet shall be provided along County Road 19 to Salem Lane. 6. The applicant shall install photovoltaic panels that have an anti-reflective coating, textured glass or equivalent material and details on how the panel provides anti-glare properties that mitigate the "potential for temporary after - image." 7. The application is subject to the review and approval by Hennepin County for access permits and impacts in County right-of-way. 8. 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 5 City of Corcoran County of Hennepin State of Minnesota RESOLUTION NO. 2017-22 9. Prior to release of the resolutions for filing, the applicant shall: June 22, 2017 a. Submit a site plan on a certified survey for staff review and approval. Plans shall show: i. The certified survey shall include a legal description for the property, so that the resolutions may be recorded at Hennepin County with the developers agreement. ii. Compliance with requirements for underground burial of all power lines and interconnection on site. iii. Compliance with all applicable zoning standards including landscaping requirements, fence setbacks, panel setbacks from the lot line, and setbacks from residential dwelling units. iv. The Ordinary High Water Level of the creek, the FEMA floodplain boundary and the Shoreland Overlay District. V. The approved wetland boundaries and wetland buffers. b. Submit revised landscape plans to provide any additional screening required for review and approval by the City: i. Not more than 33% of the required number of trees may be of one species, per Section 160.070 Subd. 2 (G) 5 of the Zoning Ordinance. ii. Landscaping shall be provided as shown on the plans dated May 15, 2017, except that: 1. Additional landscaping shall be provided on the northeast border of the site as well on the northwest tip of the array layout on the west side of the site in areas where there is no wetland or wetland buffers. 2. A minimum of one coniferous or shade tree per 15 lineal feet of the property's perimeter and one tall shrub or hedge material per 10 lineal feet along the property's perimeter shall be provided in locations where screening is required. 3. City staff shall walk the site with the applicant to identify mature trees to be preserved on the western boundary of the property. 4. Additional landscaping shall be provided even when mature trees are present. iii. New landscaping shall be maintained for the life of the interim use permit and shall be replaced as needed. c. Provide proof of ECWMC approval of the wetland delineation. d. Provide impervious surface calculations showing compliance with the Shoreland Overlay District standards. Page 3 of 5 City of Corcoran County of Hennepin State of Minnesota RESOLUTION NO. 2017-22 June 22, 2017 e. Provide an updated maintenance plan describing how native vegetation will be maintained throughout the lifetime of the facility for staff review and approval. f. Provide a fence detail of the proposed fencing without barbed wire of the project for review and approval by the City. g. Provide a detail showing the assembled panel and racking system and the installed height of the panel and associated infrastructure. h. Comply with all conditions in the City Engineer Memo dated April 20, 2017. i. Comply with all conditions in the Public Safety memo and exhibit dated April 20, 2017. 10. Prior to building permit, the applicant shall: a. If a different panel racking system is selected for installation, the applicant shall submit detailed drawings of photovoltaic panels and associated infrastructure for review and approval by the City. a. Record the approving resolution at Hennepin County and provide proof of recording to the City. b. Submit electronic files of the survey and site plan to the City in AutoCAD format. c. Enter into a site improvement performance agreement and provide the required financial guarantee for construction of the site improvements. A portion of the financial guarantee shall be retained to ensure winter survivability of the plant materials. 11. Prior to the release of escrow: a. All site improvements must be completed. b. Provide a performance bond for the full estimated cost of decommissioning (including demolition, restoration and landfill costs). 12. Approval shall expire within one year of the date of approval unless the applicant commences the authorized use and completes the required improvements. Page 4 of 5 City of Corcoran County of Hennepin State of Minnesota RESOLUTION NO. 2017 -22 VOTING AYE VOTING NAY ® Thomas, Ron ❑ Thomas, Ron ❑ Bottema, Jon ® Bottema, Jon ® Dejewski, Brian F-1 Dejewski, Brian ® Keefe, Mike ❑ Keefe, Mike ® LaFave, Tonya ❑ LaFave, Tonya June 22, 2017 Whereupon, said Resolution is hereby declared adopted on this 22nd day of June 2017. Ron Thomas -Mayor ATTEST: y J sica Beise — City Clerk/Administrative Services Coordinator Page 5 of 5 City Seal