Scott County Board of Adjustment

Scott County

Board of Adjustment

September 12, 2016

6:30PM

Scott County Government Center

County Board Room

200 Fourth Avenue West

Shakopee, MN

SCOTT COUNTY BOARD OF ADJUSTMENT

Scott County Government Center

200 Fourth Avenue West Shakopee, Minnesota

Monday, September 12, 2016

County Board Room at 6:30 PM I. ROLL CALL AND INTRODUCTIONS II. APPROVAL OF JULY 11, 2016 AND AUGUST 8, 2016 MINUTES III. PUBLIC HEARING – 6:30 PM – CHRISTOPHER AND REBECCA MANGROO, APPLICANTS

A. Request for a variance of 9 feet from the required 10 foot side yard property line setback to install a new subsurface sewage treatment system.

Location: Section 12 Township: New Market Current Zoning: RR-2 IV. GENERAL & ADJOURN

SCOTT COUNTY PLANNING ADVISORY COMMISSION Scott County Government Center 200 Fourth Avenue West Shakopee, Minnesota

Monday, August 8, 2016 County Board Room at 6:30 PM I. ROLL CALL AND INTRODUCTIONS

Chair Vonhof opened the meeting at 6:46 PM with the following members present: Gary Hartmann, Ray Huber, Barbara Johnson, Thomas Vonhof and Lee Watson. Gary Andersen was absent. County Staff Present: Planning Manager Brad Davis, Zoning Administrator Marty Schmitz, Senior Planner Greg Wagner, Associate Planner Lisa Schickendanz, Property Tax and Customer Services Manager Cindy Geis, Commissioner Joe Wagner, and Deputy Clerk to the Board Dianna Gerold.

II. MINUTES: July 11, 2016

On a motion by Commissioner Johnson, seconded by Commissioner Huber the minutes of July 11, 2016 were approved as written and distributed.

III. CONSENT AGENDA All items listed are considered by the Planning Commission to be routine and will be enacted by one motion.

There will be no separate discussion of these items unless a Planning Commission Board member or public member so requests, in which event the item will be removed from the Consent Agenda to be considered separately.

There was a question from the Board and this agenda item was removed from the Consent Agenda. 3.1 PUBLIC HEARING - 6:50 PM – Hartman 2 lot split

A. Request for Rezoning (PL2016-056) of 37.97 from Rural Residential Reserve District to Rural Residential Single Family District, and Preliminary Plat of E &d W Estates consisting of 2 lots on 37.97 acres.

Location: Section 28 Township 114 Range 022 SW1/4 SW1/4 EX 2.30A (023-1)

Township: Spring Lake

Current Zoning: Rural Residential Reserve District Greg Wagner, Senior Planner presented this request to rezone and subdivide a 37.97 acre parcel located in section 28, Spring Lake Township. The property is located on Vergus Avenue which is a Spring Lake Township. The 2030 Comprehensive Plan guides this area of Spring Lake Township Rural Residential Growth Staged, which allows parcels to rezone to the Rural Residential Single Family District (RR-2). Lots may be platted to a 2.5 acre minimum lot size under the RR-2 density, which is 1 dwelling unit per 2.5 gross acres. Mr. Kevin Hartman is proposing to create a 5 acre lot in the southwest corner as a new building site. The proposed 5 acre lot meets minimum County lot standards for size, width and required setbacks to the proposed home location. The existing farmstead will remain on a 31.11 acre parcel. At their July 14th meeting, the Spring Lake Town Board recommended approval of the rezoning and plat subject to the conditions listed below:

The wetland permit has been approved and received by the county Agreement that would allow the owners of the southern lot to use that area temporarily until it becomes

a road. We did something similar back in June; it was an encroachment agreement (Schumann estates and Spring Lake Township). There is language drafted by the Township attorney we can use.

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There are a few minor items related to septic and storm water that need to be addressed. Chair Vonhof opened the meeting to the public. Gary Wardell of 21151 Vergus Avenue asked whether the 210 Street road will eventually go to Malibu (County Road 81)? The answer was affirmative when the road is constructed the intent would be a through street.

Noting no further public comment, Commissioner Johnson moved, seconded by Commissioner Huber to close the public hearing at 7:00 PM.

The motion carried on a vote of five ayes. Motion by Commissioner Johnson and second by Commissioner Huber to approve the rezoning, preliminary plat and final plat of E & W Estates, consisting of 2 lots on 37.97 acres, noting that this recommendation is subject to approval of the conditions listed in the staff report that must be satisfactorily addressed prior to County Board consideration of the project. Commissioner Johnson requested additional verification from the Clerk of the Spring Lake Town Board relating to their approval of this project.

The motion carried on a vote of 4 ayes; and Commissioner Gary Hartmann abstained from voting on this item on the agenda.

Criteria for Approval:

1. Adequate Drainage – the proposed plat meets all storm water drainage requirements as identified in Chapter 6 of the zoning ordinance.

2. Adequate Potable Water Supply – the proposed plat, utilizing individual wells, meets the requirements of the zoning and subdivision ordinances.

3. Adequate Roads or Highways to Serve the Subdivision – the proposed lots have frontage and driveway access to Vergus Avenue, a gravel Township Road. Right-of-way is being dedicated for a future 210th Street East road extension.

4. Adequate Waste Disposal Systems – the proposed lots will meet all requirements of the individual sewage treatment system ordinance prior to County Board consideration.

5. Consistency with the Comprehensive Plan – the proposed plat conforms to the goals and policies contained in the 2030 Comprehensive Plan for the development in the Rural Residential Growth Staged Area.

6. Public Service Capacity – the proposed development does not adversely impact the public service capacity of local service providers as it is adding one additional lot.

7. Consistency with the Minnesota Environmental Quality Board's Policies- the proposal does not require any environmental review and is therefore consistent with the policies of the Minnesota Environmental Quality Board.

8. Consistency with Capital Improvement Plans – the proposed plat is not requiring any county funded road improvements; therefore it is consistent with the County’s capital improvement plan.

IV. PUBLIC HEARING - 6:45 PM – Scott and Shelly Anderson, Applicant A. Request for Interim Use Permit (PL#2016-053) to construct an Accessory Dwelling Unit for an infirmed

family member. Location: Section 14 Township 114 Range 022 SW1/4 SW1/4 EX2.30A 023-1) Township: Spring Lake Current Zoning: Rural Residential Reserve District

Senior Planner Greg Wagner presented the details and location of the project request. The Zoning Ordinance allows infirmed housing care and Accessory Dwelling Units (ADU) through an Interim Use Permit (IUP) for family members on parcels 10 acres or greater. The applicants are proposing to construct a 24 foot by 30 foot accessory structure for their infirmed parent. The building would be located just East of the driveway and approximately 70 feet Southeast of their home. The applicants will be constructing the building so that it can be converted in the future to a storage building.

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The applicants propose to add a bathroom in the building that will be connected to their existing septic drain field. A separate septic tank will be added adjacent to the new building and then connected to the existing drain field. A septic permit will be required at time of building permit submittal.

The Spring Lake Town Board has recommended approval of the request.

Noting no public comment, Commissioner Huber moved, seconded by Commissioner Watson to close the public hearing at 7:15PM. The motion carried unanimously. Motion by Commissioner Watson and second by Commissioner Johnson to approve the request for Interim Use Permit (PL#2016-053) to construct an Accessory Dwelling Unit for an infirmed family member. The motion carried unanimously.

Criteria for Approval:

1. The use will not create a burden on public facilities and utilities, which serve or are proposed to serve the area.

The proposed use will not have a significant impact to the public facilities that serve the property and the surrounding area.

2. The use will be sufficiently compatible with, or separated by sufficient distance from, or screened from

adjacent agricultural or residential land uses so that there will be no deterrence to the use or development of adjacent land and uses.

The building will be located near the home and generally screened from adjacent properties by woodlands. It will be located within 70 feet from the home and over 400 feet to the nearest adjacent residence.

3. If improvements are made, they shall be so designated and constructed that they are not unsightly in

appearance to the extent that it will hinder the orderly and harmonious development of the district wherein proposed.

The applicants are proposing to design the structure to complement the existing home using cedar lap siding.

4. Adequate measures have been taken to provide ingress and egress so designed as to minimize traffic

congestion, provide adequate access to public roads, and provide on-site parking.

The property has an existing driveway access to 190th Street East (County Road 68). The new structure will not significantly increase traffic to the property.

5. Adequate water supply, Individual Sewage Treatment System facilities, erosion control, and storm water

management are provided in accordance with applicable standards.

The applicants will use the existing well for water, and will add a separate septic tank for the new structure. The tank will connect to the existing septic drain field.

6. All buildings/structures must meet the intent of the State Building Code and/or fire codes. A building permit will be required for construction of the building.

V. TABLED ITEM – DG Minnesota CSG 1, LLC, applicant

A. Request for Conditional Use Permit (PL#2016-049) for DG Minnesota CSG 1, LLC to construct and

operate a 3 MW, community solar energy facility. Location: Section 22 Township: Sand Creek

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Current Zoning: A-1 Zoning Administrator, Marty Schmitt began the presentation. The 30 acre site is zoned A-1 which is agricultural zoning located south of state highway 282 and to West of Pueblo Boulevard. The site is basically crop from end-to-end and there are no wet lands on the property. A transmission line that runs along the west side of the parcel. The proposed 3MW community solar energy facility is proposed to be in the center of the property consuming about 18 acres of the property.

This subject was continued from the last meeting to allow time for the applicant to address issues related to:

Number of transmission poles necessary for connection with the Excel transmission line;

Additional screening landscaping discussion with the neighboring property owners;

Review additional points along 282 and Pueblo Boulevard for glare issues.

Toby Butterfield with Next Era Energy and Pat Wier with TruNorth Solar presented on how their proposal has changed since last month.

Landowner, Allen Menke addressed the audience. He has owned the property for 30 years, and prior to that his father owned the property. He said has been in the community forever and believes he and his family have been good stewards of the land. He said he will be driving by the site every day and he doesn’t know why it’s so difficult for people to accept the solar garden.

Pat Wier and Toby Butterfield began their presentation(s) by summarizing a number of the changes that were presented at the Sand Creek Township on August 4th to meet the concerns and needs of the neighboring property owners:

8 foot fences with no barbed wire

Additional landscaping solutions exceeding County standards. (i.e. four types of trees and five different types of shrubs; screening along the northern part of the project along 282 and also along eastern edge of the project for a neighboring landowner.

Property Values: Minnesota PUC ruling at Marshall solar project (20 times the size)

- Independent appraisal report has been prepared and filed

Solar farms do not negatively impact property values

Typical factors which reduce property values as a result of commercial development are all absent: loud noise, odors, increased traffic, drainage / runoff impacts

Reduction in the number of interconnection poles from ten (10) to seven (7);

Additional three observation points for the glare studies which resulted in low or no glare results

Screening changes:

- The applicants said they have reached out to the residents in the area to offer them screening on their properties wherever on-site screening is not possible (sometimes due to topography).

- The applicants said they have offered a Screening escrow to all residences within a half mile of the site to the West, East or South in the amount of $1,500. This escrow amount may be drawn upon in the event that post-construction they are subject to glare that was unanticipated they may draw upon that escrow amount to screen in whatever way they choose.

The applicants said stray voltage is not anticipated because it will be built in design and according to the natural National Electric safety code and in general stray voltage is not the type of thing you would expect to encounter in the context of the solar project.

- The power line that will tie the power back into the Excel distribution system will not create any additional stray voltage. In fact, since the project will be generating power to the extent that there is any existing stray voltage on that line it will be reduced not increased as a result of our interconnection. All of that line is going to be upgraded and will experience an increase in its safety qualities as a result.

- Additionally, the applicant proposes to test for stray voltage both before and after construction to identify existing problems with the distribution system in the area and establish a baseline.

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- They will do post-construction testing to see if the installation of the project caused any problems.

- Subsequently, the applicants have proposed an additional permit condition related to stray voltage testing and mitigation.

Jordan fire department will have input on the final project design during the building permit phase.

- Currently the proposal contemplates pollinator grasses around the periphery of the site to increase a biodiversity and provide the ecological benefits in the event that the fire department has concerns about that and wants a fire buffer effectively around the site, we can move those grasses; and plant another type of grass.

- There is flexibility to work with the fire department based on their needs. The applicant will provide detailed training to the fire department explaining to them exactly how to access the site, where the emergency shut offs are located and so on.

The Applicant will film this training so they will have it on file.

Co-location was another issue that was raised at the township meeting. These projects have been deemed by Xcel to not be co-located. This is not something the Applicant anticipates.

The applicants presented benefits of this Project:

- Safe, clean and reliable power for Minnesota

- Contribution towards Xcel’s solar energy goals

- County and Township will benefit from Property tax and solar energy production tax over $0.5MM over 35 years.

- Including taxes, projects will contribute approximately $1.285MM to local economy over its lifetime.

- Local job opportunities during construction

- Reduced electric bills for local subscribers including municipal, school and commercial businesses.

- A pollinator seed mix will be incorporated into the seeding plan around the periphery of the fenced area (subject to fire department approval)

- Sand Creek Scholarship fund - $2,000 / year for 35 Years.

Sand Creek Township has recommended moving forward with this project.

Questions:

Commissioner Hartmann’s question, Would a four lane highway be an issue? The applicant responded by saying the existing right of way should be adequate to expand the road. The project itself is set back 100 feet from the right-of-way.

Commissioner Hartmann’s question, In the case of a bankruptcy the money is in escrow if they ever wanted to remove the panels? The applicant responded by saying they have proposed supplying a letter of credit for the entire lifetime of the project in the amount of 125% of the estimated decommissioning costs, and that money would be available for the Counties benefit in order to remove the facility in the event of a bankruptcy.

Commissioner Watson’s question, Is everyone comfortable with the functionality of any existing field tiles relative to drainage? The applicant responded by saying to the best of my knowledge, yes, field tile on these sites that drain off site properties are fairly limited. In fact, I don’t believe there are any field tiles meeting that criteria on the Pueblo Avenue site. We are working with County staff to draft a field tile permit condition that would address that issue.

Commissioner Johnson’s question, Would you define local subscribers that receive a reduction? The applicant responded by saying they have talked with the City of Jordan, Jordan school district, Belle Plaine district. They want to make sure the project is “real” before they commit. We do not have residential subscribers in our program.

Commissioner Johnson was concerned about the dust coating on Pueblo and was this issue resolved with the Township? The applicant answered, no, we will need work with the Township to get a driveway permit for use of Pueblo Avenue. We can address this at that time.

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The applicant said they have a resolution of support that three people have signed on Highway 282 and asked that it be added to the record.

Staff is recommending approval of the community solar garden with the following updated conditions:

Update the site plan which gives the inner connection and number of poles

Updates the landscaping plan

Updates the condition that we had on the glare

Reflects the $1,500 resident escrow within that certain distance

Updates the conditions related to emergency service providers

Updates the conditions related to piling driving during construction to be done during the hours of 8:00AM to 5:00PM Monday through Friday; and

Finally, an addition relating to the drain tile.

Chad Sandey from the Sand Creek Board, provided an update on what occurred at the Sand Creek Town Board meeting. Mr. Sandey said these solar ordinances are extremely new to the State of Minnesota and Sand Creek Township. Mr . Sandey said that Sand Creek Township has more or less put this planning and zoning decision on faith into the Planning Commission’s hands. Mr. Sandey said it was prudent for the County to have ordinances that dealt with community solar gardens in place prior to this all happening, but when you’re the first to do something you find out that there is a lot of things that you missed.

Mr. Sandy said that at the August 4, Sand Creek Township meeting, there was in excess of 45 residents with a lot of concerns about the whole nature of the project. At the recommendation of our Township Attorney, the town board approved this project 2 to 1. Mr. Sandey said the one vote against this project is a “protest” to let the Planning Commission know that we are relying on you to really think this decision through. Mr. Sandey said the responsibility is the County’s to make certain this project complies with your ordinances and also please keep in mind the huge emotional impact for all the residents.

Commissioner Vonhof said the Planning Commission makes much better decisions when we hear from the Township Boards and when you have worked with applicants as extensively as you have. Mr. Vonhof said that Mr. Sandey has represented your Township very well.

Comissioner Vonhof said going forward we are always looking for cooperation and collaboration from the Townships in getting input on these ordinances. We want to improve as we go along.

Motion by Commissioner Watson to approve the Conditional Use Permit for DG Minnesota CSG1, LLC to construct and operate a 3 MW, community solar energy facility located at Northeast ¼ of Northwest ¼, Section 22 Sand Creek Township with all of the conditions that we have discussed, outlined, and submitted for approval. Second by Commissioner Hartmann.

The motion carried on a vote of 4 ayes and one opposed.

Conditions to be Satisfied Prior to County Board Consideration: 1. Any conditions stated in Sand Creek Township recommendation. 2. Any conditions stated in the Scott County Natural Resources department review of the IUP.

Criteria for Approval (Chapter 2-6-1): 1. The use will not create an excessive burden on public facilities and utilities that serve or are proposed to

serve the area.

The use is not expected to create an excessive burden on public facilities. After construction of the facility the applicants anticipates the site will generate about one trip a month to maintain the facility. The facility does not require sewer or water.


adjacent agricultural or residential land uses so that there will be no deterrence to the use or development of adjacent land and uses.

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The use is allowed with a CUP in the A-1 district. The project is low profile, does not create odors and is virtually noiseless. A screening landscaping plan is proposed adjacent to existing residences and along public road ways.

3. Each structure or improvement is so designed and constructed that it is not unsightly in appearance to the

extent that it will hinder the orderly and harmonious development of the district wherein proposed.

Due to the low profile of solar and the landscape plan, it is not anticipated that facility will have an adverse effect on development of the district where the Project is proposed. The project will create little traffic or noise and no odors. Routine maintenance will keep the site clear of garbage and debris.

4. The use is consistent with the purposes of the Ordinance and the purposes of the zoning district in which the

applicant intends to locate the proposed use.

The use is consistent with the uses allowed as a CUP in the A-1, Agricultural Preservation Zoning District. 5. The use is not in conflict with the Comprehensive Plan of Scott County.

The solar facility is not in conflict with the County Comprehensive Land Use Plan. The site is zoned A-1 and designated as an Urban Expansion Area in the Scott County 2030 Plan. The project generally meets the goals of the Urban Expansion Area outlined in the 2030 Plan. Additionally, the solar project helps Scott County achieve goal #IX-10 and goal #XI-5 in the 2030 plan promoting local, renewable, and sustainable energy systems.


congestion, provide adequate access to public roads, and provide sufficient on-site parking.

Access to the site is proposed from Pueblo Avenue a gravel Township road. The use will not cause a traffic hazard or congestion during the operational phase. Typical construction traffic is expected during the construction of the facility.

7. Adequate water supply, individual sewage treatment system facilities, erosion control and stormwater


The Project does not require water or sewer. The Resource Management Plan, which identifies how grading, drainage and erosion will be managed, will comply with County ordinance prior to approval by the County Board.

8. All buildings/structures must meet the intent of the State Building Code and/or fire codes.

The proposed community solar energy system will require a building permit and the site has ample access for fire service access.

Conditions of Approval:

1. The applicant is to notify the Scott County Zoning Administration Department in January of each year, stating

they are in compliance with the conditions of the Conditional Use Permit (CUP).

2. The Sand Creek Town Board may conduct an annual review of the CUP to ensure compliance.

3. The CUP holder shall pay an annual inspection fee for the CUP, if and when Scott County adopts an inspection fee ordinance.

4. If property ownership changes or a new applicant/operator is proposed, the applicant/operator shall contact the Sand Creek Township Board and the County Zoning Administration Department to review the conditions of the CUP, and any proposed operation changes. The applicant/owner shall notify the Zoning Administration Department of any possible operation changes and at a minimum, a Certificate of Compliance will be required from Scott County Zoning Administration.

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5. Oil, solvents and other hazardous wastes shall be managed in accordance with the Scott County Hazardous Waste Management Ordinance.

6. All signage shall comply with the Scott County Sign Ordinance.

7. The property shall be maintained in a neat and orderly manner. The Applicant shall promptly remove all garbage, trash, construction waste, debris, concrete rubble and all other nonessential or nonfunctional materials from the Property. Applicant shall maintain weeds within the Project consistent with County Ordinances.

8. Landscaping/Screening shall be installed per plans dated August 4, 2016 (As maybe amended prior to County Board action) . Establishment of a $5,000 landscaping/screening financial guarantee is required to maintain the plantings for a full growing season. All plant material required as part of the Landscaping/Screening Plan shall be maintained and kept alive. Any dead or damaged plants shall be replaced.

9. In the event the panels create glare on streets or highways and the County determines that such glare presents a safety hazard to the traveling public, Applicant shall be given 90 days to eliminate such hazard. In the event that the Applicant believes that no such hazard exists or believes that it has sufficiently mitigated such hazard and the County continues to believe a hazard to the traveling public exists from the panels, the Applicant shall commission and pay for a glare study to be performed by third-party consultant mutually acceptable to the Applicant and the County, which study shall determine whether such glare presents a hazard to the traveling public. If such study concludes that the glare presents a hazard to the traveling public, the Applicant shall take whatever additional actions are necessary to eliminate such hazard. If the study concludes that, the glare does not present a hazard to the traveling public, such conclusion shall be binding upon the County until such time as there is a change in conditions surrounding the Project site that would warrant further study in the sole determination of the County and Applicant shall have no obligation to further mitigate such glare.

For each existing single family residence within a half-mile of the project boundary to the South, East, or West (between 90 degrees and 270 degrees on a compass), Applicant shall place in escrow with the County $1,500 in funds to be held by the County to mitigate any glare issues experienced by these homeowners for 24 months following the date construction of the project site has finished. During the first 12 months of the project's life, the full range of possible sun positions will be observable. Following this, if any of these homeowners experience glare at a level the County determines to be a nuisance, in the County’s sole discretion, then the County may draw upon the funds in escrow to install screening of their choice at the residence to mitigate the glare. Any funds not used by the County to mitigate glare shall be returned to the Applicant, without interest, at the end of the 24-month escrow period unless otherwise agreed to in writing by the Applicant.

10. All necessary building/electrical permits shall be obtained for construction of all structures on the property.

11. Applicant shall provide awareness training for emergency services providers (police and & fire) to orient the local fire and police departments on the solar system design and site fire safety logistics so that the departments can best manage risks related to fire in the system vicinity. Applicant will film the training and provide a copy of such to the emergency services providers for future reference. Applicant shall provide emergency services providers with key systems (e.g., lockboxes and codes) necessary for emergency access to the property. The applicant shall also file a detailed operational Emergency Action Plan and provide a copy of the plan to relevant emergency services providers.

12. Applicant shall maintain weeds within the Project consistent with County ordinances.

13. Prior to building permit the applicant shall furnish the County with a performance bond, irrevocable letter of credit or cash escrow in an amount and form agreed upon by the County and Applicant to guarantee decommissioning and removal of site improvements as identified in the approved decommissioning plan. The performance bond, irrevocable letter of credit or cash escrow shall be equal to 125% of the estimated cost of decommissioning as determined by the County. The performance bond, irrevocable letter of credit or cash escrow shall be reviewed every 5 years and adjusted to account for inflation. Within six (6) months upon the conclusion of the removal of all Project site improvements, and upon satisfactory performance, the County will release the security for decommissioning.

The County may draw on the performance bond, irrevocable letter of credit or cash escrow to complete work not performed by Applicant and its successors and assigns including, but not limited to, completion of the Decommissioning Plan and to reimburse itself or Sand Creek Township for costs incurred in the drafting,

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execution, administration or enforcement of this Agreement or to otherwise fulfill the obligations of the Applicant and its successors and assigns, under this CUP.

In the event that the performance bond, irrevocable letter of credit or cash escrow referred to herein is ever utilized and found to be deficient in amount to pay or reimburse the County and/or Township in total as required herein, the Applicant, its successor and assigns agree that upon being billed by the County and/or Township, they will pay within thirty (30) days of the mailing of said billing, the said deficient amount.

14. Bills not paid within thirty (30) days of billing by the County and/or Township shall accrue interest at the rate of 6% per year. Further, if the Applicant, its successors and assigns, fail to pay said amounts, then the County and/or Township may specially assess and/or certify the costs thereof against the Property, assert any rights granted under the Decommissioning Plan and/or bring legal action against the Applicant and/or Property Owner to collect any sums due to the County and/or Township pursuant to this CUP, plus all costs, engineering and attorney's fees incurred in enforcing this Permit. If there should be an overage in the amount of utilized security, the County will, upon making said determination, refund to the Applicant, its successor and assigns, without interest, any monies which the County has in its possession which are in excess of the actual costs paid by the County and/or Township.

Until all requirements of the Decommissioning Plan have been satisfied in the sole determination of the County, Applicant will not take any actions to eliminate the performance bond, irrevocable letter of credit or cash escrow or to otherwise materially alter Applicant’s obligations in connection therewith.

15. All lighting shall comply with the Scott County Lighting Ordinance.

16. Site grading and construction shall be consistent with the approved Resource Management Plan and all applicable Scott County ordinances.

17. Issuance of the CUP is not a substitute for any other permit required in conjunction with the Project, including but not limited to building permits, electrical permits, and driveway permits.

18. Applicant shall construct and operate the Project in full compliance with the approved application narrative, approved project plans dated August 4, 2016 and in full compliance with all federal, state, and local laws, rules, ordinances, and regulations.

19. Applicant shall provide potable water and portable toilets at all times during construction of the Project. Toilets shall be serviced on a regular basis.

20. The maximum height of any solar panel shall not exceed fifteen (15) feet.

21. Applicant shall bury all electrical lines on the Property, except at the point of interconnection with the electrical utility.

22. Upon completion of the installation of the solar equipment, Applicant shall maintain groundcover at all times in a manner that prevents soil erosion.

23. Applicant shall allow access to the Property by the County or Sand Creek Township’s representatives, or other local, state or federal officials and agents, upon reasonable notice and in the company of a competent site representative, to inspect permitted facilities and site conditions, at reasonable intervals chosen by the County.

24. The solar energy equipment or solar electric system shall not create interference with television, cable, radio, telephone, internet, computers or other electronic devices and services on neighboring properties, or otherwise constitute a public nuisance.

25. Applicant shall reimburse both the County and Sand Creek Township for all reasonable out of pocket expenses incurred in the CUP application review and approval, facility inspections and enforcement of this CUP and local ordinances, including planning, engineering, and attorney’s fees. Applicant also agrees to pay all applicable building, plumbing, septic, grading, stormwater, and electrical permit fees for the Project, according to the fee schedule established by the County and/or Township, as adjusted from time to time.

26. Except as otherwise provided in this CUP, all solar panels, inverters, panel anchors, and other infrastructure unique to the solar garden shall be removed from the Property at such time as the solar facilities have not produced or sold electricity to an electrical utility in any of the previous 12 month pursuant to the terms of the Decommissioning Plan on file with the County. Where the terms of the Decommissioning Plan and this CUP are in conflict, the terms of the CUP shall control. Upon failure to comply with the Decommissioning Plan by

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the Applicant, its successors and assigns, the County may thence after 30 days written notice to the Applicant enter onto the Property and complete Applicant’s obligations under this CUP.

27. The CUP shall be terminated when the site decommissioning is complete. The Applicant shall be financially responsible for any damage which may occur to public property including but not limited to streets, street sub-base, base, bituminous surface when said damage occurs as a direct or indirect result of the activity which takes place during the development of the Project including, but not limited to, construction of improvements.

28. Should the County receive a complaint related to hazard or safety concerns pertaining to stray voltage from the solar array at the Project site the County shall forward such complaint to the Applicant. It shall be Applicant’s primary responsibility to resolve such complaints. The Applicant shall have 30 days to assess the complaint and, if Applicant confirms a hazard or safety concern is caused by the solar array, then Applicant shall propose a remedial plan to the County for review and approval. If the Applicant does not address the stray voltage complaint to the satisfaction of the County, then the County shall have the authority to review the complaint and may require additional and reasonable mitigation or remedial actions be taken by Applicant to mitigate and/or eliminate the stray voltage at Applicant’s sole expense. Such mitigation or remedial actions shall be based on the available evidence including the possibility of a stray voltage study, commissioned by the County, completed by an independent evaluator approved by mutual consent of the County and Applicant, and at the sole expense of Applicant.

29. Applicant shall not damage or interfere with the use of, or otherwise diminish the functionality of any existing

field tiles. Any damage to existing field tile caused by Applicant and/or its representatives shall be repaired or replaced or rerouted at the sole expense of Applicant. Applicant shall provide access to the property at all reasonable times to allow the users of the field tile or their representatives for purposes of inspection and/or to accomplish any necessary repair or replacement work.

30. Construction hours for pile driving shall be Monday through Friday 8 a.m. to 5 p.m.

VI. TABLED ITEM – DG Minnesota CSG 3, LLC applicant

A. Request for Interim Use Permit (PL#2016-048) for DG Minnesota CSG 3, LLC to construct and operate a 4.70 MW, community solar energy facility.

Location: Section 21 Township: Sand Creek Current Zoning: UER-C

Associate Planner, Lisa Schickendanz began the presentation. The site location for this solar garden project is located just West of the Pueblo project on the south side of 282 in Sand Creek Township. The current zoning is Urban Expansion Reserve Cluster. Solar gardens are allowed with an Interim use permit in this zoning district. They will be utilizing 23 acres of the western portion of this property for the solar garden.

Toby Butterfield with Next Era Energy reviewed their presentation and updates to their proposals. Before Mr. Butterfield began his presentation, land owner Eugene Hauer addressed the Commissioners.

Mr. Hauer said he’s been a tax payer and land owner of Sand Creek Township. He owns seven parcels in this Township and quite a few more in Scott County. He said he’s like to see this project go through. It can be screened pretty well. He said he hopes it all goes through for the benefit of the whole Township and himself.

Toby Butterfield summarized a number of the changes that were presented at the Sand Creek Township on August 4th to meet the concerns and needs of the neighboring property owners:

Access will be off of Highway 282and we are working with MNDot to finalize the details of that access. Changes to the project design are very similar to the previous project:

8 foot fence with no barbed wires

Interconnection poles reduced from 15 to 7

Additional landscaping solutions exceeding County standards. (i.e. four types of trees and five different types of shrubs; We are proposing to let the trees on both projects on the north side to grow to 15 foot height.

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Analyzed additional locations similar to the other project. The SGHAT predicts “no glare” or “low” glare at all but one location. The one location, on a hill may experience “medium” glare 15 minutes per day from April through September. The home owner has been offered additional screening and will also have the $1,500 escrow screening account.

Stray voltage, fire safety and co-location will be the same as the other project.

Benefits of these Projects (similar to the other project)

- County and Township will benefit from the property tax and solar energy production tax - over $885,000 over 35 years.

- Including taxes, projects will contribute approximately $1.950 MM to local economy over its lifetime.

- Local job opportunities during construction

- Reduced electric bills for local subscribers including municipal, school and commercial businesses.

- A pollinator seed mix will be incorporated into the seeding plan around the periphery of the fenced area.

- Sand Creek Scholarship Fund - $2,000 / year for 35 years.

Sand Creek Township has recommended approval. The applicants said they feel there are considerable local benefits and furthermore they believe the project meets the required findings and criteria of the zoning ordinances.

Questions:

Commissioner Hartmann had a question, I like the idea of the 15 foot tall trees on the North side of both properties. Why did we come up with that 8 foot measurement? Was it because the trees may fall over onto the fence or solar panels? Planning Manager, Brad Davis answered the question. I think initially we were concerned about the shade on the panels, so we were trying to reduce that. Obviously with the panels on the North and the panels on the South that changes the concern. We could certainly look at an amendment for that ordinance.

Commissioner Hartmann asks, Do you feel you have done everything you can for the Von Bank family? The Applicant responded to this question with Yes. Ultimately because of the topography we are somewhat limited in what we can do. Obviously, it would be optimal to be able to screen them out entirely but because they are elevated approximately 30 or 40 feet above the level of the project there isn’t much we can do on the project property. They have a barn that has a patio that looks out West, and there isn’t much we can do in terms of screening that particular view. We have offered Mr. Von Bank additional screening and obviously he will covered by the additional escrow amount. We will do whatever we can in terms of plantings and other screening methods on his property to help mitigate the impact.

Commissioner Johnson asked for additional information regarding the 10 second site? The Applicant responded: MN Dot had some comments about our driveway application on the sites, and we are working with MN Dot. We obviously cannot move forward with the project without addressing their concerns. As we work through with them it appears that there may have been a calculation error and that in fact there is a 10 second sight distance for the proposed driveway.

Commissioner Johnson had a question relating to the Piepers. “You were going to work with staff to make sure the Piepers were pleased with the drainage issues? I thought it was going to be reduced rather than increased but I just want to make sure.” The Applicant responded: In terms off-site flows? The erosion control plan and the Swift that we filed with the County is fully in compliance with the County standards in the NPCS standard. So off-site flows as a result of the conversion of the site from row agriculture into low grasses infiltration on the site should be improved versus current condition and off-site flows will be reduced versus their current condition.

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Lisa Schickendanz provided a summary of the same 7 conditions that were changed, updated or added:

Landscaping plan

Glare conditions revised to include the $1,500 escrow for residents within ½ mile

Emergency and safety response condition was revised

Inserted the date of approval for project plans for that reference of the new interconnection pole proposal.

New condition added for stray voltage

New condition was added for field tile information; and

New condition was added for the working hours from 8:00AM to 5:00 PM for pile driving on the site.

The Sand Creek Township did meet on August 4th, and recommended approval. Staff is recommending approval on this project.

There was a motion by Commissioner Huber to approve the Interim Use Permit for DG Minnesota CSG3, LLC to construct and operate a 4.7 MW, community solar energy facility located at Section 21, Sand Creek Township with all of the conditions that we have discussed and have been outlined and submitted for approval. Second by Commissioner Watson. The motion carried on a vote of 4 ayes; and 1 opposed.

Conditions to be Satisfied Prior to County Board Consideration:

1. Any conditions stated in Sand Creek Township recommendation. 2. Any conditions stated in the Scott County Natural Resources department review of the IUP. 3. Address comments provided in the Minnesota Department of Transportation review of the project. 4. Local Government Unit approval of Wetland Conservation Act.

Criteria for Approval (Chapter 2-6-1): 1. The use will not create an excessive burden on public facilities and utilities that serve or are proposed to

serve the area.

The use is not expected to create an excessive burden on public facilities. After construction of the facility the applicants anticipates the site will generate about one trip a month to maintain the facility. The facility does not require sewer or water.


adjacent agricultural or residential land uses so that there will be no deterrence to the use or development of adjacent land and uses. The use is allowed with an IUP in the UER-C district. The project is low profile, does not create odors and is virtually noiseless. A screening landscaping plan is proposed along a public roadways and part of the west property line where there is a residence.

3. Each structure or improvement is so designed and constructed that it is not unsightly in appearance to the

extent that it will hinder the orderly and harmonious development of the district wherein proposed.

Due to the low profile of solar and the landscape plan, it is not anticipated that facility will have an adverse effect on development of the district where the Project is proposed. The project will create little traffic or noise and no odors. Routine maintenance will keep the site clear of garbage and debris.

4. The use is consistent with the purposes of the Ordinance and the purposes of the zoning district in which the

applicant intends to locate the proposed use.

The use is consistent with the uses allowed as a IUP in the UER-C, Urban Expansion Reserve Cluster Zoning District.

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5. The use is not in conflict with the Comprehensive Plan of Scott County.

The project is not in conflict with the County Comprehensive Land Use Plan. It is currently zoned as UER-C and designated as an Urban Expansion Area in the Scott County 2030 Plan. The project generally meets the goals of the Urban Expansion Area outlined in the 2030 Plan. Additionally, the solar project helps Scott County achieve goal #IX-10 and goal #XI-5 in the 2030 plan promoting local, renewable, and sustainable energy systems.


congestion, provide adequate access to public roads, and provide sufficient on-site parking.

Access to the site is proposed from State Hwy 282, a paved roadway. The use will not cause a traffic hazard or congestion during the operational phase. Typical constriction traffic is expected during the construction of the facility.

7. Adequate water supply, individual sewage treatment system facilities, erosion control and stormwater


The Project does not require water or sewer. The Resource Management Plan, which identifies how grading, drainage and erosion will be managed, will comply with County ordinance prior to approval by the County Board.

8. All buildings/structures must meet the intent of the State Building Code and/or fire codes.

The proposed community solar energy system will require a building permit and the site has ample access for fire service access.

Conditions of Approval:

1. The applicant is to notify the Scott County Zoning Administration Department in January of each year, stating they are in compliance with the conditions of the Interim Use Permit (IUP)..

2. The Sand Creek Town Board may conduct an annual review of the IUP to ensure compliance.

3. The IUP holder shall pay an annual inspection fee for the IUP, if and when Scott County adopts an inspection fee ordinance.

4. If property ownership changes or a new applicant/operator is proposed, the applicant/operator shall contact the Sand Creek Township Board and the County Zoning Administration Department to review the conditions of the IUP, and any proposed operation changes. The applicant/owner shall notify the Zoning Administration Department of any possible operation changes and at a minimum, a Certificate of Compliance will be required from Scott County Zoning Administration.

5. Oil, solvents and other hazardous wastes shall be managed in accordance with the Scott County Hazardous Waste Management Ordinance.

6. All signage shall comply with the Scott County Sign Ordinance.

7. The property shall be maintained in a neat and orderly manner. The Applicant shall promptly remove all garbage, trash, construction waste, debris, concrete rubble and all other nonessential or nonfunctional materials from the Property. Applicant shall maintain weeds within the Project consistent with County Ordinances.

8. Landscaping/Screening shall be installed per plans dated August 4, 2016 (As maybe amended prior to County Board action) . Establishment of a $5,000 landscaping/screening financial guarantee is required to maintain the plantings for a full growing season. All plant material required as part of the Landscaping/Screening Plan shall be maintained and kept alive. Any dead or damaged plants shall be replaced.

9. In the event the panels create glare on streets or highways and the County determines that such glare presents a safety hazard to the traveling public, Applicant shall be given 90 days to eliminate such hazard. In the event that the Applicant believes that no such hazard exists or believes that it has sufficiently mitigated

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such hazard and the County continues to believe a hazard to the traveling public exists from the panels, the Applicant shall commission and pay for a glare study to be performed by third-party consultant mutually acceptable to the Applicant and the County, which study shall determine whether such glare presents a hazard to the traveling public. If such study concludes that the glare presents a hazard to the traveling public, the Applicant shall take whatever additional actions are necessary to eliminate such hazard. If the study concludes that, the glare does not present a hazard to the traveling public, such conclusion shall be binding upon the County until such time as there is a change in conditions surrounding the Project site that would warrant further study in the sole determination of the County and Applicant shall have no obligation to further mitigate such glare. For each existing single family residence within a half-mile of the project boundary to the South, East, or West (between 90 degrees and 270 degrees on a compass), Applicant shall place in escrow with the County $1,500 in funds to be held by the County to mitigate any glare issues experienced by these homeowners for 24 months following the date construction of the project site has finished. During the first 12 months of the project's life, the full range of possible sun positions will be observable. Following this, if any of these homeowners experience glare at a level the County determines to be a nuisance, in the County’s sole discretion, then the County may draw upon the funds in escrow to install screening of their choice at the residence to mitigate the glare. Any funds not used by the County to mitigate glare shall be returned to the Applicant, without interest, at the end of the 24-month escrow period unless otherwise agreed to in writing by the Applicant.

10. All necessary building/electrical permits shall be obtained for construction of all structures on the property.

11. Applicant shall provide awareness training for emergency services providers (police and & fire) to orient the local fire and police departments on the solar system design and site fire safety logistics so that the departments can best manage risks related to fire in the system vicinity. Applicant will film the training and provide a copy of such to the emergency services providers for future reference. Applicant shall provide emergency services providers with key systems (e.g., lockboxes and codes) necessary for emergency access to the property. The applicant shall also file a detailed operational Emergency Action Plan and provide a copy of the plan to relevant emergency services providers.

12. Applicant shall maintain weeds within the Project consistent with County ordinances.

13. Prior to building permit the applicant shall furnish the County with a performance bond, irrevocable letter of credit or cash escrow in an amount and form agreed upon by the County and Applicant to guarantee decommissioning and removal of site improvements as identified in the approved decommissioning plan. The performance bond, irrevocable letter of credit or cash escrow shall be equal to 125% of the estimated cost of decommissioning as determined by the County. The performance bond, irrevocable letter of credit or cash escrow shall be reviewed every 5 years and adjusted to account for inflation. Within six (6) months upon the conclusion of the removal of all Project site improvements, and upon satisfactory performance, the County will release the security for decommissioning. The County may draw on the performance bond, irrevocable letter of credit or cash escrow to complete work not performed by Applicant and its successors and assigns including, but not limited to, completion of the Decommissioning Plan and to reimburse itself or Sand Creek Township for costs incurred in the drafting, execution, administration or enforcement of this Agreement or to otherwise fulfill the obligations of the Applicant and its successors and assigns, under this IUP. In the event that the performance bond, irrevocable letter of credit or cash escrow referred to herein is ever utilized and found to be deficient in amount to pay or reimburse the County and/or Township in total as required herein, the Applicant, its successor and assigns agree that upon being billed by the County and/or Township, they will pay within thirty (30) days of the mailing of said billing, the said deficient amount.

14. Bills not paid within thirty (30) days of billing by the County and/or Township shall accrue interest at the rate of 6% per year. Further, if the Applicant, its successors and assigns, fail to pay said amounts, then the County and/or Township may specially assess and/or certify the costs thereof against the Property, assert any rights granted under the Decommissioning Plan and/or bring legal action against the Applicant and/or Property Owner to collect any sums due to the County and/or Township pursuant to this IUP, plus all costs, engineering and attorney's fees incurred in enforcing this Permit. If there should be an overage in the amount of utilized security, the County will, upon making said determination, refund to the Applicant, its successor and assigns, without interest, any monies which the County has in its possession which are in excess of the actual costs paid by the County and/or Township.

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Until all requirements of the Decommissioning Plan have been satisfied in the sole determination of the County, Applicant will not take any actions to eliminate the performance bond, irrevocable letter of credit or cash escrow or to otherwise materially alter Applicant’s obligations in connection therewith.

15. All lighting shall comply with the Scott County Lighting Ordinance.

16. Site grading and construction shall be consistent with the approved Resource Management Plan and all applicable Scott County ordinances.

17. Issuance of the IUP is not a substitute for any other permit required in conjunction with the Project, including but not limited to building permits, electrical permits, and driveway permits.

18. Applicant shall construct and operate the Project in full compliance with the approved application narrative, approved project plans dated August 4, 2016 and in full compliance with all federal, state, and local laws, rules, ordinances, and regulations.

19. Applicant shall provide potable water and portable toilets at all times during construction of the Project. Toilets shall be serviced on a regular basis.

20. The maximum height of any solar panel shall not exceed fifteen (15) feet.

21. Applicant shall bury all electrical lines on the Property, except at the point of interconnection with the electrical utility.

22. Upon completion of the installation of the solar equipment, Applicant shall maintain groundcover at all times in a manner that prevents soil erosion.

23. Applicant shall allow access to the Property by the County or Sand Creek Township’s representatives, or other local, state or federal officials and agents, upon reasonable notice and in the company of a competent site representative, to inspect permitted facilities and site conditions, at reasonable intervals chosen by the County.

24. The solar energy equipment or solar electric system shall not create interference with television, cable, radio, telephone, internet, computers or other electronic devices and services on neighboring properties, or otherwise constitute a public nuisance.

25. Applicant shall reimburse both the County and Sand Creek Township for all reasonable out of pocket expenses incurred in the IUP application review and approval, facility inspections and enforcement of this IUP and local ordinances, including planning, engineering, and attorney’s fees. Applicant also agrees to pay all applicable building, plumbing, septic, grading, stormwater, and electrical permit fees for the Project, according to the fee schedule established by the County and/or Township, as adjusted from time to time.

26. Except as otherwise provided in this IUP, all solar panels, inverters, panel anchors, and other infrastructure unique to the solar garden shall be removed from the Property at such time as the solar facilities have not produced or sold electricity to an electrical utility in any of the previous 12 month pursuant to the terms of the Decommissioning Plan on file with the County. Where the terms of the Decommissioning Plan and this IUP are in conflict, the terms of the IUP shall control. Upon failure to comply with the Decommissioning Plan by the Applicant, its successors and assigns, the County may thence after 30 days written notice to the Applicant enter onto the Property and complete Applicant’s obligations under this IUP.

27. The IUP shall be terminated when the site decommissioning is complete. The Applicant shall be financially responsible for any damage which may occur to public property including but not limited to streets, street sub-base, base, bituminous surface when said damage occurs as a direct or indirect result of the activity which takes place during the development of the Project including, but not limited to, construction of improvements.

28. Should the County receive a complaint related to hazard or safety concerns pertaining to stray voltage from the solar array at the Project site the County shall forward such complaint to the Applicant. It shall be Applicant’s primary responsibility to resolve such complaints. The Applicant shall have 30 days to assess the complaint and, if Applicant confirms a hazard or safety concern is caused by the solar array, then Applicant shall propose a remedial plan to the County for review and approval. If the Applicant does not address the stray voltage complaint to the satisfaction of the County, then the County shall have the authority to review the complaint and may require additional and reasonable mitigation or remedial actions be taken by Applicant to mitigate and/or eliminate the stray voltage at Applicant’s sole expense. Such mitigation or remedial actions shall be based on the available evidence including the possibility of a stray voltage study, commissioned by

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the County, completed by an independent evaluator approved by mutual consent of the County and Applicant, and at the sole expense of Applicant.

29. Applicant shall not damage or interfere with the use of, or otherwise diminish the functionality of any existing field tiles. Any damage to existing field tile caused by Applicant and/or its representatives shall be repaired or replaced or rerouted at the sole expense of Applicant. Applicant shall provide access to the property at all reasonable times to allow the users of the field tile or their representatives for purposes of inspection and/or to accomplish any necessary repair or replacement work.

30. Construction hours for pile driving shall be Monday through Friday 8 a.m. to 5 p.m. VII. PLANNING MANAGER UPDATE

Since the last meeting one item has gone to the Board for approval; the Conditional Use Permit from Minnesota Valley Electric for the substation in Section 25 of Helena Township.

On August 16th, the Board will act on a recommended appointment to fill the vacancy on this Planning Commission and Board of Adjustment The motion will be to approve the appointment of Ed Hrabe to represent Commission District 1 who will sit on this Board effective August 16th through the end of this year.

Mr. Davis summarized a workshop with the County Board a couple of weeks ago on legislation that was passed in May that deals with temporary family health care dwellings. The state passed the law that will go into effect September 1st unless communities opt out of the legislation. This new legislation will require cities and counties to permit these temporary family healthcare dwellings. These dwellings are intended to provide temporary living arrangements for mentally or impaired people to live on-site or near their caretaker.

Mr. Davis handed out a fact sheet from the Associated Association of Minnesota Counties to make counties aware of the state law and lay out the different options that counties have.

Mr. Davis said he reached out to the 11 Townships to give them an opportunity to provide feedback on this legislation. Three Townships recommended we opt out.

At the board workshop, staff recommended that we opt out and instead look at crafting our own rules for these types of living situations. The Board agreed, so they’ll have a resolution in front of them on August 16th to opt out of this state law.

One of the lines in the resolution is Staff will work with Townships and the Planning Commission to evaluate if or how we could accommodate these types of temporary living in its Chapter 7 of the zoning ordinance. This will likely be a future workshop item.

Questions:

Commissioner Johnson asked, Can cities as well opt out of this legislation? Mr. Davis answered, yes, and after talking to other city planners, all of the cities in Scott County are opting out.

Commissioner Huber asked, What do we mean by drop house? Mr. Davis answered, a mobile home that is handicapped accessible and has medical equipment in the unit. They have on-site septic systems that would be maintained by a truck service. They are on wheels, and it is dropped in for six months to a year and then leaves.

Commissioner Vonhof commented, Since people do not have hard phone lines any longer; the County should have some type of requirement for addressing these types of mobile units for public safety. Mr. Davis responded, agreed, the County manages all the addressing in the townships and we will want to make sure these types of units get an assigned address.

Commissioner Hartmann inquired, Under our current accessory dwelling unit ordinance, what is the limit on the number of people who can be living in those? Mr. Davis responded, I believe ADUs are limited to a single occupancy. The ordinance does not have a requirement that the occupant has to be mentally or physically impaired.

. VIII. GENERAL & ADJOURN

On a motion by Commissioner Hartman to adjourn and second by Commissioner Johnson, the meeting adjourned at 8:35PM

Scott County Board of Adjustment

Documents

Transcript of Scott County Board of Adjustment